2010 Revised Code of Washington
Volume 6: Titles 43 through 46


Download as PDF VOLUME 6 Titles 43 through 46 2010 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2010 special session which adjourned April 13, 2010. (2010 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2010 Edition © 2010 State of Washington CERTIFICATE The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2010 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the State Constitution. Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or decodified can be found in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Notes: Notes that are more than ten years old have been removed from the print publication of the RCW except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in the electronic copy of the RCW on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2010 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p iv] (2010 Ed.) Title 43 Chapters 43.01 43.03 43.04 43.05 43.06 43.06A 43.06B 43.07 43.08 43.09 43.10 43.12 43.15 43.17 43.19 43.19A 43.20 43.20A 43.20B 43.21A 43.21B 43.21C 43.21E 43.21F 43.21G 43.21H 43.21I 43.21J 43.21K 43.21M 43.22 43.22A 43.23 43.24 43.27A 43.30 43.31 43.31A 43.31C 43.32 43.33 43.33A 43.34 43.37 43.41 43.42 43.43 43.44 43.46 43.52 43.52A 43.56 (2010 Ed.) Title 43 STATE GOVERNMENT—EXECUTIVE State officers—General provisions. Salaries and expenses. Use of state seal. Technical assistance programs. Governor. Office of the family and children’s ombudsman. Office of the education ombudsman. Secretary of state. State treasurer. State auditor. Attorney general. Commissioner of public lands. Office of lieutenant governor. Administrative departments and agencies— General provisions. Department of general administration. Recycled product procurement. State board of health. Department of social and health services. Revenue recovery for department of social and health services. Department of ecology. Environmental hearings office—Pollution control hearings board. State environmental policy. Grass burning research advisory committee. State energy office. Energy supply emergencies, alerts. State economic policy. Oil spill prevention program. Environmental and forest restoration projects. Environmental excellence program agreements. Integrated climate change response strategy. Department of labor and industries. Mobile and manufactured home installation. Department of agriculture. Department of licensing. Water resources. Department of natural resources. Department of commerce. Economic assistance act of 1972. Community empowerment zones. County roads design standards. State finance committee. State investment board. Capitol committee. Weather modification. Office of financial management. Office of regulatory assistance. Washington state patrol. State fire protection. Arts commission. Operating agencies. Electric power and conservation planning council—State’s members. Uniform law commission. 43.58 43.59 43.60A 43.61 43.62 43.63A 43.70 43.72 43.75 43.78 43.79 43.79A 43.80 43.81 43.82 43.83 43.83A 43.83B 43.83C 43.83D 43.83F 43.83H 43.83I 43.84 43.85 43.86A 43.88 43.88A 43.88C 43.88D 43.89 43.92 43.96B 43.97 43.99A 43.99B 43.99C 43.99D 43.99E 43.99F 43.99G 43.99H 43.99I Washington-Oregon boundary commission. Traffic safety commission. Department of veterans affairs. Veterans’ rehabilitation council. Determination of populations—Student enrollments. Department of community, trade, and economic development. Department of health. Health system reform—Health services commission. State building authority—Indebtedness— Refunding—Bond issue. Public printer—Public printing. State funds. Treasurer’s trust fund. Fiscal agencies. State-owned living facilities. State agency housing. Capital improvements. Waste disposal facilities bond issue. Water supply facilities. Recreation improvements bond issue. Social and health services facilities 1972 bond issue. Capitol facilities revenue bonds, 1969—East capitol site bonds, 1969. Social and health services facilities—Bond issues. Department of fisheries—Bond issues. Investments and interfund loans. State depositaries. Surplus funds—Investment program. State budgeting, accounting, and reporting system. Legislative fiscal notes. Caseload forecast council. Higher education capital project strategic planning. Teletypewriter communications network. Geological survey. Expo ’74—Bond issue. Columbia River Gorge Compact. Outdoor recreational areas and facilities— 1967 bond act (Referendum 18). Outdoor recreational areas and facilities— Bond issues. Handicapped facilities bond issue (Referendum 37). Water supply facilities—1979 bond issue. Water supply facilities—1980 bond issue (Referendum 38). Waste disposal facilities—1980 bond issue (Referendum 39). Bonds for capital projects. Financing for appropriations—1989-1991 biennium. Financing for appropriations—1991-1993 biennium. [Title 43 RCW—page 1] Title 43 43.99J Title 43 RCW: State Government—Executive Financing for appropriations—1993-1995 biennium. 43.99K Financing for appropriations—1995-1997 biennium. 43.99L Financing for appropriations—1997-1999 biennium. 43.99M Bond retirement accounts. 43.99N Stadium and exhibition center bond issue (Referendum 48). 43.99P Financing for appropriations—1999-2001 biennium. 43.99Q Financing for appropriations—2001-2003 biennium. 43.99R Financing for appropriations—2003-2005 biennium. 43.99S Financing for appropriations—2005-2007 biennium. 43.99T Financing for appropriations—2007-2009 biennium. 43.99U Flood hazard mitigation—Bond issue. 43.99V School construction assistance grant program. 43.99W Financing for appropriations—2007-2009 and 2009-2011 biennia. 43.101 Criminal justice training commission—Education and training standards boards. 43.103 Washington state forensic investigations council. 43.105 Department of information services. 43.110 Municipal research council. 43.113 Commission on African-American affairs. 43.115 State commission on Hispanic affairs. 43.117 State commission on Asian Pacific American affairs. 43.121 Council for children and families. 43.130 Economic impact act—Closing of state facilities. 43.131 Washington sunset act of 1977. 43.132 Fiscal impact of proposed legislation on political subdivisions. 43.133 Washington sunrise act. 43.135 State expenditures limitations. 43.136 Termination of tax preferences. 43.140 Geothermal energy. 43.143 Ocean resources management act. 43.145 Northwest interstate compact on low-level radioactive waste management. 43.146 Pacific states agreement on radioactive material transportation management. 43.147 Pacific Northwest economic region agreement. 43.150 Center for volunteerism and citizen service. 43.155 Public works projects. 43.157 Projects of statewide significance. 43.160 Economic development—Public facilities loans and grants. 43.162 Economic development commission. 43.163 Economic development finance authority. 43.167 Community preservation and development authorities. 43.168 Rural Washington loan fund. 43.176 Small business incubator program. 43.180 Housing finance commission. 43.185 Housing assistance program. 43.185A Affordable housing program. 43.185B Washington housing policy act. 43.185C Homeless housing and assistance. 43.190 Long-term care ombudsman program. 43.200 Radioactive waste act. [Title 43 RCW—page 2] 43.205 43.210 43.211 43.215 43.220 43.235 43.250 43.270 43.280 43.290 43.300 43.310 43.320 43.325 43.330 43.331 43.332 43.334 43.336 43.338 43.340 43.350 43.360 43.362 43.365 43.370 43.372 43.374 43.950 High-level nuclear waste repository siting. Small business export finance assistance center. 211 information system. Department of early learning. Washington conservation corps. Domestic violence fatality review panels. Investment of local government funds. Community mobilization against substance abuse. Community treatment services for victims of sex offenders. Office of international relations and protocol. Department of fish and wildlife. Youth gangs. Department of financial institutions. Energy freedom program. Department of commerce. Jobs act—Public facilities capital improvements—Energy, utility, and operational cost savings. Office of the Washington state trade representative. Department of archaeology and historic preservation. Washington tourism commission. Washington manufacturing innovation and modernization extension service program. Tobacco settlement authority. Life sciences research. Washington main street program. Regional transfer of development rights program. Motion picture competitiveness program. Statewide health resources strategy. Marine waters planning and management. Washington global health technologies and product development competitiveness program. Construction. Bar association, Washington state: Chapter 2.48 RCW. Discrimination, human rights commission: Chapter 49.60 RCW. Education, board of: Chapter 28A.305 RCW. Employment security department: Chapter 50.08 RCW. Energy facility site evaluation council: RCW 80.50.030. Fish and wildlife commission: Title 77 RCW. Fish and wildlife department: Chapter 77.04 RCW. Horse racing commission: Chapter 67.16 RCW. Infractions: Chapter 7.84 RCW. Insurance commissioner: RCW 48.02.010. Liquor control board: Chapter 66.08 RCW. Personnel, department of: RCW 41.06.030. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Public employment relations commission: Chapter 41.56 RCW. Public employment relations with marine employees: Chapter 47.64 RCW. Radiation control agency: RCW 70.98.050 through 70.98.200. Requests for nonconviction criminal history fingerprint record checks for agency heads: RCW 43.06.013. Retirement systems, department of: Chapter 41.50 RCW. Transportation, department of: Chapter 47.01 RCW. Utilities and transportation commission: Chapter 80.01 RCW. Vital statistics bureau: State Constitution Art. 20 § 1. (2010 Ed.) State Officers—General Provisions Chapter 43.01 RCW STATE OFFICERS—GENERAL PROVISIONS Chapter 43.01 Sections 43.01.010 43.01.020 43.01.035 43.01.036 43.01.040 43.01.041 43.01.042 43.01.043 43.01.044 43.01.045 43.01.047 43.01.050 43.01.060 43.01.070 43.01.072 43.01.073 43.01.074 43.01.075 43.01.090 43.01.091 43.01.100 43.01.120 43.01.125 43.01.135 43.01.150 43.01.160 43.01.200 43.01.210 43.01.215 43.01.220 43.01.225 43.01.230 43.01.235 43.01.236 43.01.240 43.01.250 43.01.900 Terms of office. Oath of office. Reports—Periods to be covered. Reports—Electronic format—Online access. Vacations—Computation and accrual—Transfer—Statement of necessity required for extension of unused leave. Accrued vacation leave—Payment upon termination of employment. Vacations—State institutions of higher learning. Vacations—Rules and regulations. Vacations—Accumulation of leave in excess of thirty days authorized without statement of necessity—Requirements of statement of necessity. Vacations—Provisions not applicable to officers and employees of state convention and trade center. Vacations—Provisions not applicable to individual providers, family child care providers, adult family home providers, or language access providers. Daily remittance of moneys to treasury—Undistributed receipts account—Use. Daily remittance of moneys to treasury—Treasurer’s duty on default. Daily remittance of moneys to treasury—Liability of officers for noncompliance. Refund of fees or other payments collected by state. Refund of fees or other payments collected by state—Voucher. Refund of fees or other payments collected by state—Warrant. Refund of fees or other payments collected by state—Limitation where amount is two dollars or less. Departments to share occupancy costs—Capital projects surcharge. Departments to share debt service costs. Application forms—Employment—Licenses—Mention of race or religion prohibited—Penalty. Accidental death and dismemberment coverage during aircraft flights for state officers, employees, and legislators. Duty to identify employees whose performance warrants termination from employment. Sexual harassment in the workplace. Power to employ or appoint personnel not to include authority to provide state owned or leased motor vehicle. State publications to be in gender-neutral terms—Exception— Effect of noncompliance. Facilitating recovery from Mt. St. Helens eruption—Legislative findings—Purpose. Facilitating recovery from Mt. St. Helens eruption—Scope of state agency action. Facilitating recovery from Mt. St. Helens eruption—Precedence of court proceedings under RCW 43.01.210—Finality of order under RCW 8.04.070—Appeal. Commute trip reduction—Parking revenue—Definitions. Commute trip reduction—Parking revenue—State vehicle parking account. Commute trip reduction—Use of public funds. Commute trip reduction—Higher education institutions— Exemption. Commute trip reduction—Institutions of higher education— Exemption. State agency parking account—Parking rental fees— Employee parking, limitations. Electric vehicles—State purchase of power at state office locations—Report. Terminated entity—Transfer of assets—Reversion of funds— Contractual rights—Rules and pending business—2010 1st sp.s. c 7. Chapter 43.01 Civil service rights preserved when elective office assumed: RCW 41.04.120. Collection agency use by state: RCW 19.16.500. Compensation not to be changed during term: State Constitution Art. 2 § 25, Art. 3 § 25, Art. 28 § 1. Continuity of government during emergency periods: State Constitution Art. 2 § 42; chapter 42.14 RCW. Debts owed to state, interest rate: RCW 43.17.240. Elections contested: State Constitution Art. 3 § 4. time of: State Constitution Art. 6 § 8. Ethics provisions: Chapter 42.52 RCW. Expense accounts, falsifying: RCW 9A.60.050. Expenses and per diem: RCW 43.03.050. False personation of public officer: RCW 42.20.030. Free transportation prohibited: State Constitution Art. 2 § 39, Art. 12 § 20. Grand jury inquiry as to misconduct: RCW 10.27.100. Hospitalization and medical aid for employees and dependents: RCW 41.04.180, 41.04.190. Impeachment, who liable to: State Constitution Art. 5 § 2. Information to be furnished to governor in writing: State Constitution Art. 3 § 5. Interchange of personnel between federal and state agencies: RCW 41.04.140 through 41.04.170. Interfering with law enforcement officer: RCW 9A.76.020. Intrusion into public office without authority: RCW 42.20.030. Jury duty, exemption from: RCW 2.36.080. Limitations of actions: Chapter 4.16 RCW. Meetings, open to public: Chapter 42.30 RCW, RCW 42.32.030. Mileage allowance: RCW 43.03.060. Military leave of absence: RCW 38.40.060. Misappropriation of funds or property: RCW 40.16.020, 42.20.070, 42.20.090. Misconduct of public officers: Chapter 42.20 RCW. Misfeasance in office: RCW 42.20.100. Neglect of duty: RCW 42.20.100. Passes, acceptance and use prohibited: State Constitution Art. 2 § 39, Art. 12 § 20. Performing duties without authority: RCW 42.20.030. Postage, periodicals, purchase by governmental agencies, payment: RCW 42.24.035. Privileged communications: RCW 5.60.060. Purchasing, acceptance of benefits or gifts by state officers prohibited: RCW 42.20.020, 43.19.1937. Qualifications: State Constitution Art. 3 § 25; RCW 42.04.020. Quo warranto proceedings: Chapter 7.56 RCW. Recall of elective officers: State Constitution Art. 1 § 33. Records and documents, destroying, falsifying, misappropriation: RCW 40.16.020, 42.20.040. Records to be kept at seat of government: State Constitution Art. 3 § 24. Refusing to pay over money received: RCW 42.20.070. Abolition of certain offices by legislature: State Constitution Art. 3 § 25. Residence requirement during term: State Constitution Art. 3 § 24. Accounts, falsifying: RCW 42.20.070. Resignations, to whom made: RCW 42.12.020. Actions against, defense by state: RCW 4.92.060, 4.92.070, 4.92.090 through 4.92.160, 10.01.150. Retirement system, state employees: Chapter 41.40 RCW. Boards and commissions, termination: RCW 43.41.220. Seal, refusing to surrender to successor: RCW 42.20.030. Bribery: State Constitution Art. 2 § 30; chapters 9.18, 9A.68 RCW. Successor, refusing to surrender office to: RCW 42.20.030. Business hours, state officers: RCW 42.04.060. Supreme court jurisdiction as to state officers, writs: RCW 2.04.010. Campaign financing, disclosure: Chapter 42.17 RCW. Terms: State Constitution Art. 3 § 3. Civil service law: Chapter 41.06 RCW. Tort claims against state: Chapter 4.92 RCW. (2010 Ed.) Salaries and expenses: Chapter 43.03 RCW. [Title 43 RCW—page 3] 43.01.010 Title 43 RCW: State Government—Executive Usurpation of office, quo warranto proceedings: Chapter 7.56 RCW. Washington State University, board of regents: RCW 28B.10.520. Venue of actions against: RCW 4.12.020. Wage deductions for charitable contributions: RCW 41.04.035, 41.04.036. 43.01.010 Terms of office. The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner, shall hold office for the term of four years, and until their successors are elected and qualified; and the term shall commence on the Wednesday after the second Monday of January following their election. [1965 c 8 § 43.01.010. Prior: 1891 c 82 § 1; RRS § 10980.] 43.01.010 Term of person elected to fill vacancy: RCW 42.12.030. Terms of office: State Constitution Art. 3 § 3. Vacancies in office: Chapter 42.12 RCW. 43.01.020 Oath of office. The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation in substance as follows: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the state of Washington, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability. The oath or affirmation shall be administered by one of the justices of the supreme court at the capitol. A certificate shall be affixed thereto by the person administering the oath, and the oath or affirmation so certified shall be filed in the office of the secretary of state before the officer shall be qualified to discharge any official duties: PROVIDED, That the oath of the secretary of state shall be filed in the office of the state auditor. [1965 c 8 § 43.01.020. Prior: 1909 c 43 § 1; RRS § 10981.] 43.01.020 Attorney general, oath of office: RCW 43.10.010. Commissioner of public lands, oaths of employees: RCW 43.12.021. Court commissioners, oath of office: RCW 2.24.020. Election officials, oaths required: RCW 29A.44.490 through 29A.44.520. Engineers and land surveyors’ board of registration, oath required: RCW 18.43.030. Horse racing commission, oath of office: RCW 67.16.012. Judges of superior court, oath of office: State Constitution Art. 4 § 28; RCW 2.08.080, 2.08.180. Judges of supreme court, oath of office: State Constitution Art. 4 § 28; RCW 2.04.080. Liquor control board, oath of office: RCW 66.08.014. Militia, oath of office: RCW 38.12.150, 38.12.160. Oaths, mode of administering: State Constitution Art. 1 § 6. Perjury, oath defined: RCW 9A.72.010. State administrative officers, oath required: RCW 43.17.030. State auditor, oath of office: RCW 43.09.010. State treasurer, oath of office: RCW 43.08.020. Subversive activities, oath required of public officers and employees: RCW 9.81.070. University of Washington, board of regents, oath required: RCW 28B.10.520. Utilities and transportation commission: RCW 80.01.020. [Title 43 RCW—page 4] 43.01.035 Reports—Periods to be covered. All biennial reports to the legislature and the governor shall cover the period comprising the first full fiscal year of the then current biennium and the last full fiscal year of the biennium immediately preceding. All annual reports to the governor shall cover the full fiscal year immediately preceding the date of said report. [1965 c 8 § 43.01.035. Prior: 1953 c 184 § 3.] 43.01.035 43.01.036 Reports—Electronic format—Online access. (1)(a) All reports required to be submitted to the legislature shall be provided only in an electronic format. Reports must be submitted electronically to the chief clerk of the house of representatives and the secretary of the senate. The chief clerk of the house of representatives and the secretary of the senate shall provide an online site for reports submitted to the legislature on the legislative internet home page. The reports shall be organized in such a way as to make the reports easy to find and accessible by legislators, staff, and the public. (b) Upon electronic submittal of the required report to the chief clerk of the house of representatives and the secretary of the senate, the agency shall send a letter, also by electronic means, to the appropriate legislative committee that the report has been filed. The letter may include a brief summary of the report. The public entity submitting the report may make hard copies available by request. (2)(a) All annual and biennial reports to the governor shall be provided only in an electronic format. The reports shall be organized in such a way as to make the reports easy to find and accessible by the public. (b) Upon electronic submittal of the required report to the governor’s office, the agency shall send a letter, also by electronic means, that the report has been filed. The letter may include a brief summary of the report. The entity submitting the report may make hard copies available by request. [2009 c 518 § 24.] 43.01.036 43.01.040 Vacations—Computation and accrual— Transfer—Statement of necessity required for extension of unused leave. Each subordinate officer and employee of the several offices, departments, and institutions of the state government shall be entitled under their contract of employment with the state government to not less than one working day of vacation leave with full pay for each month of employment if said employment is continuous for six months. Each such subordinate officer and employee shall be entitled under such contract of employment to not less than one additional working day of vacation with full pay each year for satisfactorily completing the first two, three and five continuous years of employment respectively. Such part time officers or employees of the state government who are employed on a regular schedule of duration of not less than one year shall be entitled under their contract of employment to that fractional part of the vacation leave that the total number of hours of such employment bears to the total number of hours of full time employment. Each subordinate officer and employee of the several offices, departments and institutions of the state government shall be entitled under his or her contract of employment with 43.01.040 (2010 Ed.) State Officers—General Provisions the state government to accrue unused vacation leave not to exceed thirty working days. Officers and employees transferring within the several offices, departments and institutions of the state government shall be entitled to transfer such accrued vacation leave to each succeeding state office, department or institution. All vacation leave shall be taken at the time convenient to the employing office, department or institution: PROVIDED, That if a subordinate officer’s or employee’s request for vacation leave is deferred by reason of the convenience of the employing office, department or institution, and a statement of the necessity therefor is filed by such employing office, department or institution with the appropriate personnel board or other state agency or officer, then the aforesaid maximum thirty working days of accrued unused vacation leave shall be extended for each month said leave is so deferred. [2009 c 549 § 5001; 1984 c 184 § 19; 1982 1st ex.s. c 51 § 2; 1965 ex.s. c 13 § 1; 1965 c 8 § 43.01.040. Prior: 1955 c 140 § 1; 1921 c 7 § 133; RRS § 10891.] Military leave of absence: RCW 38.40.060. Additional notes found at www.leg.wa.gov 43.01.041 Accrued vacation leave—Payment upon termination of employment. Officers and employees referred to in RCW 43.01.040 whose employment is terminated by their death, reduction in force, resignation, dismissal, or retirement, and who have accrued vacation leave as specified in RCW 43.01.040 or 43.01.044, shall be paid therefor under their contract of employment, or their estate if they are deceased, or if the employee in case of voluntary resignation has provided adequate notice of termination. Annual leave accumulated under RCW 43.01.044 is not to be included in the computation of retirement benefits. Should the legislature revoke any benefits or rights provided under chapter 292, Laws of 1985, no affected officer or employee shall be entitled thereafter to receive such benefits or exercise such rights as a matter of contractual right. [1985 c 292 § 1; 1984 c 184 § 20; 1982 1st ex.s. c 51 § 3; 1965 c 8 § 43.01.041. Prior: 1955 c 140 § 2.] 43.01.041 Additional notes found at www.leg.wa.gov 43.01.042 Vacations—State institutions of higher learning. State institutions of higher learning may prescribe such rules and regulations as they may determine governing vacation leave for academic and professional personnel. [1965 c 8 § 43.01.042. Prior: 1955 c 140 § 3.] 43.01.042 43.01.043 Vacations—Rules and regulations. The several offices, departments and institutions of the state government may prescribe supplemental rules and regulations that are not inconsistent with the provisions of RCW 43.01.040 through 43.01.043 with respect to vacation leave of subordinate officers and employees thereof. [1965 c 8 § 43.01.043. Prior: 1955 c 140 § 4.] 43.01.043 43.01.044 Vacations—Accumulation of leave in excess of thirty days authorized without statement of necessity—Requirements of statement of necessity. As an alternative, in addition to the provisions of RCW 43.01.040 authorizing the accumulation of vacation leave in excess of 43.01.044 (2010 Ed.) 43.01.047 thirty days with the filing of a statement of necessity, vacation leave in excess of thirty days may also be accumulated as provided in this section but without the filing of a statement of necessity. The accumulation of leave under this alternative method shall be governed by the following provisions: (1) Each subordinate officer and employee of the several offices, departments, and institutions of state government may accumulate the vacation leave days between the time thirty days is accrued and his or her anniversary date of state employment. (2) All vacation days accumulated under this section shall be used by the anniversary date and at a time convenient to the employing office, department, or institution. If an officer or employee does not use the excess leave by the anniversary date, then such leave shall be automatically extinguished and considered to have never existed. (3) This section shall not result in any increase in a retirement allowance under any public retirement system in this state. (4) Should the legislature revoke any benefits or rights provided under this section, no affected officer or employee shall be entitled thereafter to receive such benefits or exercise such rights as a matter of contractual right. (5) Vacation leave credit acquired and accumulated under this section shall never, regardless of circumstances, be deferred by the employing office, department or institution by filing a statement of necessity under the provisions of RCW 43.01.040. (6) Notwithstanding any other provision of this chapter, on or after July 24, 1983, a statement of necessity for excess leave, shall as a minimum, include the following: (a) the specific number of days of excess leave; and (b) the date on which it was authorized. A copy of any such authorization shall be sent to the department of retirement systems. [1983 c 283 § 1.] 43.01.045 Vacations—Provisions not applicable to officers and employees of state convention and trade center. The provisions of RCW 43.01.040 through 43.01.044 shall not be applicable to the officers and employees of the nonprofit corporation formed under chapter 67.40 RCW. [1984 c 210 § 4.] 43.01.045 Additional notes found at www.leg.wa.gov 43.01.047 Vacations—Provisions not applicable to individual providers, family child care providers, adult family home providers, or language access providers. RCW 43.01.040 through 43.01.044 do not apply to individual providers under RCW 74.39A.220 through 74.39A.300, family child care providers under RCW 41.56.028, or adult family home providers under RCW 41.56.029, or language access providers under RCW 41.56.510. [2010 c 296 § 6; 2007 c 184 § 5; 2006 c 54 § 5; 2004 c 3 § 4.] 43.01.047 Conflict with federal requirements—2010 c 296: See note following RCW 41.56.510. Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029. Part headings not law—Severability—Conflict with federal requirements—Short title—Effective date—2006 c 54: See RCW 41.56.911 through 41.56.915. [Title 43 RCW—page 5] 43.01.050 Title 43 RCW: State Government—Executive Severability—Effective date—2004 c 3: See notes following RCW 74.39A.270. Refunds of fees or other payments, budget and accounting system: RCW 43.88.170. 43.01.050 Daily remittance of moneys to treasury— Undistributed receipts account—Use. Each state officer or other person, other than county treasurer, who is authorized by law to collect or receive moneys which are required by statute to be deposited in the state treasury shall transmit to the state treasurer each day, all such moneys collected by him or her on the preceding day: PROVIDED, That the state treasurer may in his or her discretion grant exceptions where such daily transfers would not be administratively practical or feasible. In the event that remittances are not accompanied by a statement designating source and fund, the state treasurer shall deposit these moneys in an account hereby created in the state treasury to be known as the undistributed receipts account. These moneys shall be retained in the account until such time as the transmitting agency provides a statement in duplicate of the source from which each item of money was derived and the fund into which it is to be transmitted. The director of financial management in accordance with RCW 43.88.160 shall promulgate regulations designed to assure orderly and efficient administration of this account. In the event moneys are deposited in this account that constitute overpayments, refunds may be made by the remitting agency without virtue of a legislative appropriation. [2009 c 549 § 5002; 1985 c 57 § 26; 1981 2nd ex.s. c 4 § 5; 1979 c 151 § 80; 1967 c 212 § 1; 1965 c 8 § 43.01.050. Prior: 1909 c 133 § 1, part; 1907 c 96 § 1, part; RRS § 5501, part.] 43.01.073 Refund of fees or other payments collected by state—Voucher. Any state agency desiring to authorize such a refund shall file with the state treasurer a voucher naming the payee and giving full particulars as to the reason for the refund and the fund in the treasury to which it was credited. [1965 c 8 § 43.01.073. Prior: 1955 c 224 § 2.] 43.01.050 Commissioner of public lands and department of natural resources, deposit of funds: RCW 43.30.325. State depositaries: Chapter 43.85 RCW. Additional notes found at www.leg.wa.gov 43.01.060 Daily remittance of moneys to treasury— Treasurer’s duty on default. The state treasurer shall inform the governor of any failure on the part of any officer to comply with the provisions of RCW 43.01.050. [1965 c 8 § 43.01.060. Prior: 1907 c 96 § 2; RRS § 5502.] 43.01.060 43.01.070 Daily remittance of moneys to treasury— Liability of officers for noncompliance. If any officer fails to comply with the provisions of RCW 43.01.050, he or she shall be liable to the state upon his or her official bond in a sum equal to ten percent annual interest on the funds for such time as he or she retained them. [2009 c 549 § 5003; 1965 c 8 § 43.01.070. Prior: 1907 c 96 § 3; RRS § 5503.] 43.01.070 43.01.072 Refund of fees or other payments collected by state. Whenever any law which provides for the collection of fees or other payments by a state agency does not authorize the refund of erroneous or excessive payments thereof, refunds may be made or authorized by the state agency which collected the fees or payments of all such amounts received by the state agency in consequence of error, either of fact or of law as to: (1) The proper amount of such fee or payments; (2) The necessity of making or securing a permit, filing, examination or inspection; (3) The sufficiency of the credentials of an applicant; (4) The eligibility of an applicant for any other reason; (5) The necessity for the payment. [1965 c 8 § 43.01.072. Prior: 1955 c 224 § 1.] 43.01.072 [Title 43 RCW—page 6] 43.01.073 43.01.074 Refund of fees or other payments collected by state—Warrant. Payment of such refunds shall be by warrant issued by the state treasurer against the fund in the state treasury to which the erroneous or excessive payment was credited or from any other appropriation made for such refund. [1965 c 8 § 43.01.074. Prior: 1955 c 224 § 3.] 43.01.074 Appropriation, when not required for refunds: RCW 43.88.180. 43.01.075 Refund of fees or other payments collected by state—Limitation where amount is two dollars or less. No such refund shall be authorized by a state agency where the amount is two dollars or less unless demand for the refund is made within six months from the date the erroneous or excessive payment was made. [1965 c 8 § 43.01.075. Prior: 1955 c 224 § 4.] 43.01.075 43.01.090 Departments to share occupancy costs— Capital projects surcharge. The director of general administration may assess a charge or rent against each state board, commission, agency, office, department, activity, or other occupant or user for payment of a proportionate share of costs for occupancy of buildings, structures, or facilities including but not limited to all costs of acquiring, constructing, operating, and maintaining such buildings, structures, or facilities and the repair, remodeling, or furnishing thereof and for the rendering of any service or the furnishing or providing of any supplies, equipment, historic furnishings, or materials. The director of general administration may recover the full costs including appropriate overhead charges of the foregoing by periodic billings as determined by the director including but not limited to transfers upon accounts and advancements into the general administration services account. Charges related to the rendering of real estate services under RCW 43.82.010 and to the operation and maintenance of public and historic facilities at the state capitol, as defined in RCW 79.24.710, shall be allocated separately from other charges assessed under this section. Rates shall be established by the director of general administration after consultation with the director of financial management. The director of general administration may allot, provide, or furnish any of such facilities, structures, services, equipment, supplies, or materials to any other public service type occupant or user at such rates or charges as are equitable and reasonably reflect the actual costs of the services provided: PROVIDED, HOWEVER, That the legislature, its duly constituted committees, interim committees and other committees shall be exempted from the provisions of this section. Upon receipt of such bill, each entity, occupant, or user shall cause a warrant or check in the amount thereof to be drawn in favor of the department of general administration which shall be deposited in the state treasury to the credit of 43.01.090 (2010 Ed.) State Officers—General Provisions the general administration services account unless the director of financial management has authorized another method for payment of costs. Beginning July 1, 1995, the director of general administration shall assess a capital projects surcharge upon each agency or other user occupying a facility owned and managed by the department of general administration in Thurston county, excluding state capitol public and historic facilities, as defined in RCW 79.24.710. The capital projects surcharge does not apply to agencies or users that agree to pay all future repairs, improvements, and renovations to the buildings they occupy and a proportional share, as determined by the office of financial management, of all other campus repairs, installations, improvements, and renovations that provide a benefit to the buildings they occupy or that have an agreement with the department of general administration that contains a charge for a similar purpose, including but not limited to RCW 43.01.091, in an amount greater than the capital projects surcharge. Beginning July 1, 2002, the capital projects surcharge does not apply to department of services for the blind vendors who operate cafeteria services in facilities owned and managed by the department of general administration; the department shall consider this space to be a common area for purposes of allocating the capital projects surcharge to other building tenants beginning July 1, 2003. The director, after consultation with the director of financial management, shall adopt differential capital project surcharge rates to reflect the differences in facility type and quality. The initial payment structure for this surcharge shall be one dollar per square foot per year. The surcharge shall increase over time to an amount that when combined with the facilities and service charge equals the market rate for similar types of lease space in the area or equals five dollars per square foot per year, whichever is less. The capital projects surcharge shall be in addition to other charges assessed under this section. Proceeds from the capital projects surcharge shall be deposited into the Thurston county capital facilities account created in RCW 43.19.501. [2005 c 330 § 5; 2002 c 162 § 1; 1998 c 105 § 5; 1994 c 219 § 16; 1991 sp.s. c 31 § 10; 1979 c 151 § 81; 1973 1st ex.s. c 82 § 1; 1971 ex.s. c 159 § 1; 1965 c 8 § 43.01.090. Prior: (i) 1951 c 131 § 1; 1941 c 228 § 1; Rem. Supp. 1941 § 10964-30. (ii) 1951 c 131 § 1; 1941 c 228 § 2; Rem. Supp. 1941 § 10964-31.] Findings—Purpose—1994 c 219: "The legislature finds that there is inequitable distribution among state programs of capital costs associated with maintaining and rehabilitating state facilities. The legislature finds that there are insufficient available resources to support even minor capital improvements other than debt financing. The legislature further finds that little attention is focused on efficient facility management because in many cases capital costs are not factored into the ongoing process of allocating state resources. The purpose of sections 16 through 18, chapter 219, Laws of 1994 is to create a mechanism to distribute capital costs among the agencies and programs occupying facilities owned and managed by the department of general administration in Thurston county that will foster increased accountability for facility decisions and more efficient use of the facilities." [1994 c 219 § 15.] Finding—1994 c 219: See note following RCW 43.88.030. Agricultural commodity commissions exempt: RCW 15.04.200. General administration services account: RCW 43.19.500. Housing for state offices, departments, and institutions: Chapter 43.82 RCW. Additional notes found at www.leg.wa.gov (2010 Ed.) 43.01.120 43.01.091 Departments to share debt service costs. It is hereby declared to be the policy of the state of Washington that each agency or other occupant of newly constructed or substantially renovated facilities owned and operated by the department of general administration in Thurston county shall proportionally share the debt service costs associated with the original construction or substantial renovation of the facility. Beginning July 1, 1995, each state agency or other occupant of a facility constructed or substantially renovated after July 1, 1992, and owned and operated by the department of general administration in Thurston county, shall be assessed a charge to pay the principal and interest payments on any bonds or other financial contract issued to finance the construction or renovation or an equivalent charge for similar projects financed by cash sources. In recognition that full payment of debt service costs may be higher than market rates for similar types of facilities or higher than existing agreements for similar charges entered into prior to June 9, 1994, the initial charge may be less than the full cost of principal and interest payments. The charge shall be assessed to all occupants of the facility on a proportional basis based on the amount of occupied space or any unique construction requirements. The office of financial management, in consultation with the department of general administration, shall develop procedures to implement this section and report to the legislative fiscal committees, by October 1994, their recommendations for implementing this section. The office of financial management shall separately identify in the budget document all payments and the documentation for determining the payments required by this section for each agency and fund source during the current and the two past and future fiscal biennia. The charge authorized in this section is subject to annual audit by the state auditor. [1994 c 219 § 19.] 43.01.091 Finding—1994 c 219: See note following RCW 43.88.030. Budget document: RCW 43.88.030. General administration services: RCW 43.19.500. 43.01.100 Application forms—Employment— Licenses—Mention of race or religion prohibited—Penalty. (1) The inclusion of any question relative to an applicant’s race or religion in any application blank or form for employment or license required to be filled in and submitted by an applicant to any department, board, commission, officer, agent, or employee of this state or the disclosure on any license of the race or religion of the licensee is hereby prohibited. (2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 221; 1965 c 8 § 43.01.100. Prior: 1955 c 87 § 1.] 43.01.100 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Discrimination—Human rights commission: Chapter 49.60 RCW. Subversive activities, public officials and employees: Chapter 9.81 RCW. 43.01.120 Accidental death and dismemberment coverage during aircraft flights for state officers, employees, and legislators. The departments of state government are authorized to procure at state expense accidental death and dismemberment coverage not to exceed one hundred thousand dollars per person for the benefit of state employees and 43.01.120 [Title 43 RCW—page 7] 43.01.125 Title 43 RCW: State Government—Executive state elected officials, including legislators, while they are, in the course of their employment, passengers on or crew members of any nonscheduled aircraft flight. [1967 ex.s. c 6 § 1; 1965 ex.s. c 68 § 1.] 43.01.125 Duty to identify employees whose performance warrants termination from employment. It is the responsibility of each agency head to institute management procedures designed to identify any agency employee, either supervisory or nonsupervisory, whose performance is so inadequate as to warrant termination from state employment. In addition, it is the responsibility of each agency head to remove from a supervisory position any supervisor within the agency who has tolerated the continued employment of any employee under his or her supervision whose performance has warranted termination from state employment. [1985 c 461 § 15.] 43.01.125 Adoption of rules to remove supervisors tolerating inadequate employees: RCW 41.06.196. Additional notes found at www.leg.wa.gov 43.01.135 Sexual harassment in the workplace. Agencies as defined in RCW 41.06.020 shall: (1) Update or develop and disseminate among all agency employees and contractors a policy that: (a) Defines and prohibits sexual harassment in the workplace; (b) Includes procedures that describe how the agency will address concerns of employees who are affected by sexual harassment in the workplace; (c) Identifies appropriate sanctions and disciplinary actions; and (d) Complies with guidelines adopted by the director of personnel under RCW 41.06.395; (2) Respond promptly and effectively to sexual harassment concerns; (3) Conduct training and education for all employees in order to prevent and eliminate sexual harassment in the organization; (4) Inform employees of their right to file a complaint with the Washington state human rights commission under chapter 49.60 RCW, or with the federal equal employment opportunity commission under Title VII of the civil rights act of 1964; and (5) Report to the department of personnel on compliance with this section. The cost of the training programs shall be borne by state agencies within existing resources. [2007 c 76 § 2.] 43.01.135 for any use other than official state business. [1975 1st ex.s. c 33 § 1.] Providing motor vehicle transportation services for public employees: RCW 43.19.560 through 43.19.635. 43.01.160 State publications to be in gender-neutral terms—Exception—Effect of noncompliance. (1) All rules and directory or advisory publications issued, adopted, or amended by state officers or agencies, as defined by RCW 41.06.020, after July 1, 1983, shall be written in gender-neutral terms unless a specification of gender is intended. (2) No rule or publication is invalid because it does not comply with this section. [1983 c 20 § 2.] 43.01.160 Intent—1983 c 20: "It is the intent of the legislature to have the state’s statutes, rules, and official communications expressed in gender-neutral terms." [1983 c 20 § 1.] Statutes, memorials, and resolutions: RCW 44.04.210. 43.01.200 Facilitating recovery from Mt. St. Helens eruption—Legislative findings—Purpose. (1) The legislature finds that: (a) The May 1980 eruption of Mount St. Helens has caused serious economic and physical damage to the land surrounding the mountain; (b) There are continuing siltation problems which could severely affect the Toutle, Cowlitz, Coweeman, and Columbia rivers areas; (c) There is an immediate need for sites for dredging, dredge spoils, flood control works, sediment retention, and bank protection and funds for dredging, dredge sites, dredge spoils sites, flood control works, sediment retention sites, and bank protection and to continue the rehabilitation of the areas affected by the natural disaster; and (d) Failure to dredge and dike along the rivers and failure to cooperate with the federal government in sediment retention would directly affect the lives and property of the fortyfive thousand residents in the Cowlitz and Toutle River valleys with severe negative impacts on local, state, and national transportation systems, public utilities, public and private property, and the Columbia river which is one of the major navigation channels for worldwide commerce. (2) The intent of RCW 36.01.150, 43.01.210, *43.21A.500, 43.21C.500, 75.20.300, 89.16.500, and 90.58.500, their 1983 amendments, and RCW 43.01.215 is to authorize and direct maximum cooperative effort to meet the problems noted in subsection (1) of this section. [1985 c 307 § 1; 1983 1st ex.s. c 1 § 1; 1982 c 7 § 1.] 43.01.200 *Reviser’s note: RCW 43.21A.500, 43.21C.500, 75.20.300, 89.16.500, and 90.58.500 expired June 30, 1995. Additional notes found at www.leg.wa.gov 43.01.150 Power to employ or appoint personnel not to include authority to provide state owned or leased motor vehicle. Notwithstanding any other provision of law, whenever any state agency, institution of higher education, or other appointing authority is empowered to employ or appoint administrators or other personnel and to fix their compensation, such power, in the absence of a specific contrary statutory authorization to the agency, institution of higher education, or appointing authority, shall not extend to the power to provide a state owned or leased motor vehicle 43.01.150 [Title 43 RCW—page 8] 43.01.210 Facilitating recovery from Mt. St. Helens eruption—Scope of state agency action. State agencies shall take action as follows to facilitate recovery from the devastation of the eruption of Mt. St. Helens: (1) The department of transportation may secure any lands or interest in lands by purchase, exchange, lease, eminent domain, or donation for dredge sites, dredge spoils sites, flood control works, sediment retention works, or bank protection; 43.01.210 (2010 Ed.) State Officers—General Provisions (2) The commissioner of public lands may by rule declare any public lands found to be damaged by the eruption of Mt. St. Helens, directly or indirectly, as surplus to the needs of the state and may dispose of such lands pursuant to Title 79 RCW to public or private entities for development, park and recreation uses, open space, or fish and wildlife habitat; (3) All state agencies shall cooperate with local governments, the United States army corps of engineers, and other agencies of the federal government in planning for dredge site selection and dredge spoils removal, and in all other phases of recovery operations; (4) The department of transportation shall work with the counties concerned on site selection and site disposition in cooperation with the army corps of engineers; and (5) State agencies may assist the army corps of engineers in the dredging and dredge spoils deposit operations. [1985 c 307 § 2; 1983 1st ex.s. c 1 § 2; 1982 c 7 § 2.] Facilitating recovery from Mt. St. Helens eruption—Scope of local government action: RCW 36.01.150. Additional notes found at www.leg.wa.gov 43.01.215 Facilitating recovery from Mt. St. Helens eruption—Precedence of court proceedings under RCW 43.01.210—Finality of order under RCW 8.04.070— Appeal. (1) Court proceedings necessary to acquire property or property rights for purposes of RCW 43.01.210 take precedence over all other causes, including those expedited under the provisions of RCW 47.52.060, in all courts to the end that the provision of lands for dredge sites, dredge spoils sites, flood control works, or bank protection may be expedited. (2) An order entered under RCW 8.04.070 relating to the acquisition of land under RCW 43.01.210 is final unless review of the order is taken to the supreme court within five days after entry of the order. Such an appeal shall be certified by the trial court to the supreme court. Upon certification, the supreme court shall assign the appeal for hearing at the earliest possible date, and it shall expedite its review and decision in every way possible. [1983 1st ex.s. c 1 § 8.] 43.01.215 Additional notes found at www.leg.wa.gov 43.01.220 Commute trip reduction—Parking revenue—Definitions. The definitions in this section apply throughout this chapter. (1) "Guaranteed ride home" means an assured ride home for commuters participating in a commute trip reduction program who are not able to use their normal commute mode because of personal emergencies. (2) "Pledged" means parking revenue designated through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities. [1993 c 394 § 2.] 43.01.240 use of state-owned vehicles. It is the purpose of this act to provide state agencies with the authority to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing statutory barriers for state agencies to use public funds, including parking revenue, to operate, maintain, lease, or construct parking facilities at stateowned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs." [1993 c 394 § 1.] 43.01.225 Commute trip reduction—Parking revenue—State vehicle parking account. There is hereby established an account in the state treasury to be known as the "state vehicle parking account." All parking rental income resulting from parking fees established by the department of general administration under RCW 46.08.172 at state-owned or leased property shall be deposited in the "state vehicle parking account." Revenue deposited in the "state vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state vehicle parking account" may be used to: (1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities; (2) Support the lease costs and/ or capital investment costs of vehicle parking and parking facilities; and (3) Support agency commute trip reduction programs under RCW 70.94.521 through 70.94.551. [1995 c 215 § 2; 1993 c 394 § 5.] 43.01.225 Finding—Purpose—1993 c 394: See note following RCW 43.01.220. 43.01.230 Commute trip reduction—Use of public funds. State agencies may, under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency’s commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing. [1995 c 215 § 1; 1993 c 394 § 6.] 43.01.230 Finding—Purpose—1993 c 394: See note following RCW 43.01.220. 43.01.220 Finding—Purpose—1993 c 394: "The legislature finds that reducing the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle commuting, under RCW 70.94.521 through 70.94.551. The legislature has established and directed an interagency task force to consider mechanisms for funding state agency commute trip reduction programs; and to consider and recommend policies for employee incentives for commuting by other than single-occupant vehicles, and policies for the (2010 Ed.) 43.01.235 Commute trip reduction—Higher education institutions—Exemption. All state higher education institutions are exempt from RCW 43.01.225. [1993 c 394 § 7.] 43.01.235 Finding—Purpose—1993 c 394: See note following RCW 43.01.220. 43.01.236 Commute trip reduction—Institutions of higher education—Exemption. All institutions of higher education as defined under RCW 28B.10.016 are exempt from the requirements under RCW 43.01.240. [1998 c 344 § 8; 1997 c 273 § 3; 1995 c 215 § 5.] 43.01.236 Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 43.01.240 State agency parking account—Parking rental fees—Employee parking, limitations. (1) There is hereby established an account in the state treasury to be known as the state agency parking account. All parking income collected from the fees imposed by state agencies on 43.01.240 [Title 43 RCW—page 9] 43.01.250 Title 43 RCW: State Government—Executive parking spaces at state-owned or leased facilities, including the capitol campus, shall be deposited in the state agency parking account. Only the office of financial management may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. No agency may receive an allotment greater than the amount of revenue deposited into the state agency parking account. (2) An agency may, as an element of the agency’s commute trip reduction program to achieve the goals set forth in RCW 70.94.527, impose parking rental fees at state-owned and leased properties. These fees will be deposited in the state agency parking account. Each agency shall establish a committee to advise the agency director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. The agency shall solicit representation of the employee population including, but not limited to, management, administrative staff, production workers, and state employee bargaining units. Funds shall be used by agencies to: (a) Support the agencies’ commute trip reduction program under RCW 70.94.521 through 70.94.551; (b) support the agencies’ parking program; or (c) support the lease or ownership costs for the agencies’ parking facilities. (3) In order to reduce the state’s subsidization of employee parking, after July 1997 agencies shall not enter into leases for employee parking in excess of building code requirements, except as authorized by the director of general administration. In situations where there are fewer parking spaces than employees at a worksite, parking must be allocated equitably, with no special preference given to managers. [1998 c 245 § 46; 1995 c 215 § 3.] 43.01.250 Electric vehicles—State purchase of power at state office locations—Report. (1) It is in the state’s interest and to the benefit of the people of the state to encourage the use of electrical vehicles in order to reduce emissions and provide the public with cleaner air. This section expressly authorizes the purchase of power at state expense to recharge privately and publicly owned plug-in electrical vehicles at state office locations where the vehicles are used for state business, are commute vehicles, or where the vehicles are at the state location for the purpose of conducting business with the state. (2) The director of the department of general administration may report to the governor and the appropriate committees of the legislature, as deemed necessary by the director, on the estimated amount of state-purchased electricity consumed by plug-in electrical vehicles if the director of general administration determines that the use has a significant cost to the state, and on the number of plug-in electric vehicles using state office locations. The report may be combined with the report under section 401, chapter 348, Laws of 2007. [2007 c 348 § 206.] 43.01.250 Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. 43.01.900 Terminated entity—Transfer of assets— Reversion of funds—Contractual rights—Rules and pending business—2010 1st sp.s. c 7. (1) All documents and papers, equipment, or other tangible property in the pos43.01.900 [Title 43 RCW—page 10] session of the terminated entity shall be delivered to the custody of the entity assuming the responsibilities of the terminated entity or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of general administration. (2) All funds held by, or other moneys due to, the terminated entity shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund. (3) All contractual rights and duties of an entity shall be assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity as the governor shall direct. (4) All rules and all pending business before any terminated entity shall be continued and acted upon by the entity assuming the responsibilities of the terminated entity. [2010 1st sp.s. c 7 § 140.] Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Chapter 43.03 Chapter 43.03 RCW SALARIES AND EXPENSES Sections 43.03.010 43.03.011 43.03.012 43.03.013 43.03.015 43.03.020 43.03.027 43.03.028 43.03.030 43.03.040 43.03.050 43.03.060 43.03.062 43.03.065 43.03.110 43.03.120 43.03.125 43.03.130 43.03.150 43.03.160 43.03.170 43.03.180 43.03.190 43.03.200 43.03.210 43.03.220 43.03.230 43.03.240 43.03.250 43.03.265 43.03.300 Salaries of elective state officers. Salaries of state elected officials of the executive branch. Salaries of judges. Salaries of members of the legislature. Emoluments of office for appointees to office of state legislator. Expenses of lieutenant governor acting as governor. Salaries of public officials—State policy enunciated. Salaries of agency officials—Reports. Increase or reduction of appointees’ compensation. Salaries of certain directors and chief executive officers. Subsistence, lodging and refreshment, and per diem allowance for officials, employees, and members of boards, commissions, or committees. Mileage allowance. State convention and trade center employees—Travel expenses. Subsistence and lodging expenses—Direct payment to suppliers authorized. Moving expenses of employees. Moving expenses of new employees. Relocation compensation for domiciliary moves. Travel expenses of prospective employees. Advance payment of travel expenses—Authorized. Advance payment of travel expenses—"Department" defined. Advance payment of travel expenses—Advance warrants— Issuance—Limitations. Advance payment of travel expenses—Itemized travel expense voucher to be submitted—Repayment of unexpended portion of advance—Default. Advance payment of travel expenses—Lien against and right to withhold funds payable until proper accounting or repaying of advance made. Advance payment of travel expenses—Advances construed. Advance payment of travel expenses—Director of financial management to prescribe rules and regulations to carry out RCW 43.03.150 through 43.03.210. Compensation of members of part-time boards and commissions—Class one groups. Compensation of members of part-time boards and commissions—Class two groups. Compensation of members of part-time boards and commissions—Class three groups. Compensation of members of part-time boards and commissions—Class four groups. Compensation of members of part-time boards and commissions—Class five groups. Salaries of elected state officials—Legislative declaration— Purpose. (2010 Ed.) Salaries and Expenses 43.03.305 43.03.310 Washington citizens’ commission on salaries for elected officials—Generally. Duties of citizens’ commission—Travel expenses—Chair— Schedule of salaries—Publication—Hearings. Compensation for unofficial services permitted: RCW 42.04.070. Compensation not to be changed during term: State Constitution Art. 2 § 25, Art. 3 § 25, Art. 28 § 1. Free transportation prohibited: State Constitution Art. 2 § 39, Art. 12 § 20. Salaries of state officers, payable semimonthly: RCW 42.16.010. 43.03.010 Salaries of elective state officers. The annual salaries of the following named state elected officials shall be prescribed by the Washington citizens’ commission on salaries for elected officials: Governor; lieutenant governor: PROVIDED, That in arriving at the annual salary of the lieutenant governor the commission shall prescribe a fixed amount plus a sum equal to 1/260th of the difference between the annual salary of the lieutenant governor and the annual salary of the governor for each day that the lieutenant governor is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor; secretary of state; state treasurer; state auditor; attorney general; superintendent of public instruction; commissioner of public lands; and state insurance commissioner. Members of the legislature shall receive for their service per annum the amount prescribed by the Washington citizens’ commission on salaries for elected officials; and in addition, reimbursement for mileage for travel to and from legislative sessions as provided in RCW 43.03.060. [1989 c 10 § 8. Prior: 1986 c 161 § 1; 1986 c 155 § 8; 1983 1st ex.s. c 29 § 3; 1979 ex.s. c 255 § 1; 1977 ex.s. c 318 § 1; 1975-’76 2nd ex.s. c 113 § 1; 1975 1st ex.s. c 263 § 1; 1974 ex.s. c 149 § 2 (Initiative Measure No. 282, approved November 6, 1973); 1967 ex.s. c 100 § 1; 1965 ex.s. c 127 § 4; 1965 c 8 § 43.03.010; prior: 1965 c 1 § 2; 1961 c 5 § 1; 1959 c 316 § 1; 1949 c 48 § 1; Rem. Supp. 1949 § 10965-1; prior: 1947 c 79 § .02.04; 1945 c 116 § 1; 1939 c 226 § 1; 1925 ex.s. c 163 § 1; 1925 ex.s. c 90 § 1; 1919 c 124 §§ 1, 2; 1907 c 94 § 1.] 43.03.010 Salaries of elected officials: State Constitution Art. 28 § 1. Washington citizens’ commission on salaries for elected officials: RCW 43.03.305. Additional notes found at www.leg.wa.gov 43.03.011 Salaries of state elected officials of the executive branch. Pursuant to Article XXVIII, section 1 of the state Constitution and RCW 43.03.010 and 43.03.310, the annual salaries of the state elected officials of the executive branch shall be as follows: (1) Effective September 1, 2008: (a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166,891 (b) Lieutenant governor . . . . . . . . . . . . . . . . . $ 93,948 (c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 116,950 (d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,950 (e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,950 (f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 151,718 (g) Superintendent of public instruction . . . . . $ 121,618 (h) Commissioner of public lands. . . . . . . . . . $ 121,618 (i) Insurance commissioner. . . . . . . . . . . . . . . $ 116,950 (2) Effective September 1, 2009: (a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166,891 43.03.011 (2010 Ed.) 43.03.013 (b) Lieutenant governor . . . . . . . . . . . . . . . . . $ 93,948 (c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 116,950 (d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,950 (e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,950 (f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 151,718 (g) Superintendent of public instruction . . . . . $ 121,618 (h) Commissioner of public lands. . . . . . . . . . $ 121,618 (i) Insurance commissioner. . . . . . . . . . . . . . . $ 116,950 (3) Effective September 1, 2010: (a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166,891 (b) Lieutenant governor . . . . . . . . . . . . . . . . . $ 93,948 (c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 116,950 (d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,950 (e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,950 (f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 151,718 (g) Superintendent of public instruction . . . . . $ 121,618 (h) Commissioner of public lands. . . . . . . . . . $ 121,618 (i) Insurance commissioner. . . . . . . . . . . . . . . $ 116,950 (4) The lieutenant governor shall receive the fixed amount of his or her salary plus 1/260th of the difference between his or her salary and that of the governor for each day that the lieutenant governor is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor. [2009 c 581 § 1; 2009 c 549 § 5004; 2007 c 524 § 1; 2005 c 519 § 1; 2003 1st sp.s. c 1 § 1; 2001 1st sp.s. c 3 § 1; 1999 sp.s. c 3 § 1; 1997 c 458 § 1; 1995 2nd sp.s. c 1 § 1; 1993 sp.s. c 26 § 1; 1991 sp.s. c 1 § 1; 1989 2nd ex.s. c 4 § 1; 1987 1st ex.s. c 1 § 1, part.] 43.03.012 Salaries of judges. Pursuant to Article XXVIII, section 1 of the state Constitution and RCW 2.04.092, 2.06.062, 2.08.092, 3.58.010, and 43.03.310, the annual salaries of the judges of the state shall be as follows: (1) Effective September 1, 2008: (a) Justices of the supreme court. . . . . . . . . . . $ 164,221 (b) Judges of the court of appeals . . . . . . . . . . $ 156,328 (c) Judges of the superior court. . . . . . . . . . . . $ 148,832 (d) Full-time judges of the district court . . . . . $ 141,710 (2) Effective September 1, 2009: (a) Justices of the supreme court. . . . . . . . . . . $ 164,221 (b) Judges of the court of appeals . . . . . . . . . . $ 156,328 (c) Judges of the superior court. . . . . . . . . . . . $ 148,832 (d) Full-time judges of the district court . . . . . $ 141,710 (3) Effective September 1, 2010: (a) Justices of the supreme court. . . . . . . . . . . $ 164,221 (b) Judges of the court of appeals . . . . . . . . . . $ 156,328 (c) Judges of the superior court. . . . . . . . . . . . $ 148,832 (d) Full-time judges of the district court . . . . . $ 141,710 (4) The salary for a part-time district court judge shall be the proportion of full-time work for which the position is authorized, multiplied by the salary for a full-time district court judge. [2009 c 581 § 2; 2007 c 524 § 2; 2005 c 519 § 2; 2003 1st sp.s. c 1 § 2; 2001 1st sp.s. c 3 § 2; 1999 sp.s. c 3 § 2; 1997 c 458 § 2; 1995 2nd sp.s. c 1 § 2; 1993 sp.s. c 26 § 2; 1991 sp.s. c 1 § 2; 1989 2nd ex.s. c 4 § 2; 1987 1st ex.s. c 1 § 1, part.] 43.03.012 43.03.013 Salaries of members of the legislature. Pursuant to Article XXVIII, section 1 of the state Constitution 43.03.013 [Title 43 RCW—page 11] 43.03.015 Title 43 RCW: State Government—Executive and RCW 43.03.010 and 43.03.310, the annual salary of members of the legislature shall be: (1) Effective September 1, 2008: (a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,106 (b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 50,106 (c) Senate majority leader . . . . . . . . . . . . . . . . .$ 50,106 (d) House minority leader . . . . . . . . . . . . . . . . .$ 46,106 (e) Senate minority leader . . . . . . . . . . . . . . . . .$ 46,106 (2) Effective September 1, 2009: (a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,106 (b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 50,106 (c) Senate majority leader . . . . . . . . . . . . . . . . .$ 50,106 (d) House minority leader . . . . . . . . . . . . . . . . .$ 46,106 (e) Senate minority leader . . . . . . . . . . . . . . . . .$ 46,106 (3) Effective September 1, 2010: (a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,106 (b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 50,106 (c) Senate majority leader . . . . . . . . . . . . . . . . .$ 50,106 (d) House minority leader . . . . . . . . . . . . . . . . .$ 46,106 (e) Senate minority leader . . . . . . . . . . . . . . . . .$ 46,106 [2009 c 581 § 3; 2007 c 524 § 3; 2005 c 519 § 3; 2003 1st sp.s. c 1 § 3; 2001 1st sp.s. c 3 § 3; 1999 sp.s. c 3 § 3; 1997 c 458 § 3; 1995 2nd sp.s. c 1 § 3; 1993 sp.s. c 26 § 3; 1991 sp.s. c 1 § 3; 1989 2nd ex.s. c 4 § 3; 1987 1st ex.s. c 1 § 1, part.] 43.03.015 Emoluments of office for appointees to office of state legislator. Any person appointed to fill a vacancy that may occur in either the senate or house of representatives of the state legislature, prior to his or her qualification at the next succeeding regular or special session of the legislature shall be entitled to the same emoluments of office as the duly elected member whom he or she succeeded. [2009 c 549 § 5005; 1967 ex.s. c 100 § 2.] 43.03.015 Eligibility of member of legislature to appointment or election to office of official whose salary was increased during legislator’s term: RCW 3.58.010. 43.03.020 Expenses of lieutenant governor acting as governor. Whenever by reason of the absence from the state or the disability of the governor, the lieutenant governor is called upon temporarily to perform the duties of the office of governor, he or she shall be paid upon his or her personal voucher therefor the sum of ten dollars per day for expenses. [2009 c 549 § 5006; 1965 c 8 § 43.03.020. Prior: 1919 c 118 § 1; RRS § 10979.] 43.03.020 43.03.027 Salaries of public officials—State policy enunciated. It is hereby declared to be the public policy of this state to base the salaries of public officials on realistic standards in order that such officials may be paid according to the true value of their services and the best qualified citizens may be attracted to public service. It is the purpose of this section and RCW 43.03.040 to effectuate this policy by utilizing the expert knowledge of citizens having access to pertinent facts concerning proper salaries for public officials, thus removing and dispelling any thought of political consideration in fixing the appropriateness of the amount of such salaries. [2010 1st sp.s. c 7 § 1; 1970 ex.s. c 43 § 1.] 43.03.027 Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: "Sections 1 through 118, 120 through 122, and 124 through 150 of chapter 7, Laws of [Title 43 RCW—page 12] 2010 1st sp. sess. are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 2010." [2010 1st sp.s. c 26 § 12; 2010 1st sp.s. c 7 § 150.] Additional notes found at www.leg.wa.gov 43.03.028 Salaries of agency officials—Reports. (1) The department of personnel shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government: The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the recreation and conservation office; the criminal justice training commission; the department of personnel; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian Pacific American affairs; the state board for volunteer firefighters and reserve officers; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council. (2) The department of personnel shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position. [2010 1st sp.s. c 7 § 2; 2007 c 241 § 3; 2001 c 302 § 2; 1995 c 67 § 1. Prior: 1993 c 281 § 45; 1993 c 101 § 14; 1991 c 3 § 294; 1988 c 167 § 9; prior: 1987 c 504 § 15; 1987 c 249 § 7; 1986 c 155 § 9; 1982 c 163 § 21; 1980 c 87 § 20; prior: 1977 ex.s. c 127 § 1; 1977 c 75 § 36; 1970 ex.s. c 43 § 2; 1967 c 19 § 1; 1965 c 8 § 43.03.028; prior: 1961 c 307 § 1; 1955 c 340 § 1.] 43.03.028 Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005. Findings—1993 c 101: See note following RCW 27.34.010. Additional notes found at www.leg.wa.gov 43.03.030 Increase or reduction of appointees’ compensation. (1) Wherever the compensation of any appointive state officer or employee is fixed by statute, it may be hereafter increased or decreased in the manner provided by law for the fixing of compensation of other appointive state officers or employees; but this subsection shall not apply to the heads of state departments. (2) Wherever the compensation of any state officer appointed by the governor, or of any employee in any office or department under the control of any such officer, is fixed by statute, such compensation may hereafter, from time to time, be changed by the governor, and he or she shall have 43.03.030 (2010 Ed.) Salaries and Expenses power to fix such compensation at any amount not to exceed the amount fixed by statute. (3) From February 18, 2009, through June 30, 2011, a salary or wage increase shall not be granted to any position under this section, except that increases may be granted for positions for which the employer has demonstrated difficulty retaining qualified employees if the following conditions are met: (a) The salary increase can be paid within existing resources; and (b) The salary increase will not adversely impact the provision of client services. Any agency granting a salary increase from February 15, 2010, through June 30, 2011, to a position exempt under this section shall submit a report to the fiscal committees of the legislature no later than July 31, 2011, detailing the positions for which salary increases were granted, the size of the increases, and the reasons for giving the increases. [2010 c 1 § 4; 2009 c 549 § 5007; 2009 c 5 § 4; 1965 c 8 § 43.03.030. Prior: (i) 1921 c 49 § 1; RRS § 10896. (ii) 1933 c 47 § 1; RRS § 10976-1.] Effective date—2010 c 1: See note following RCW 41.06.070. Effective date—2009 c 5: See note following RCW 41.06.070. 43.03.040 Salaries of certain directors and chief executive officers. The directors of the several departments and members of the several boards and commissions, whose salaries are fixed by the governor and the chief executive officers of the agencies named in RCW 43.03.028(1) as now or hereafter amended shall each severally receive such salaries, payable in monthly installments, as shall be fixed by the governor or the appropriate salary fixing authority, in an amount not to exceed the recommendations of the department of personnel. From February 18, 2009, through June 30, 2011, a salary or wage increase shall not be granted to any position under this section, except that increases may be granted for positions for which the employer has demonstrated difficulty retaining qualified employees if the following conditions are met: (1) The salary increase can be paid within existing resources; and (2) The salary increase will not adversely impact the provision [of] client services. Any agency granting a salary increase from February 15, 2010, through June 30, 2011, to a position under this section shall submit a report to the fiscal committees of the legislature no later than July 31, 2011, detailing the positions for which salary increases were granted, the size of the increases, and the reasons for giving the increases. [2010 1st sp.s. c 7 § 5; 2010 c 1 § 5; 2009 c 5 § 5; 1993 sp.s. c 24 § 914; 1986 c 155 § 12; 1977 ex.s. c 127 § 2; 1970 ex.s. c 43 § 3; 1965 c 8 § 43.03.040. Prior: 1961 c 307 § 2; 1955 c 340 § 2; 1949 c 111 § 1; 1937 c 224 § 1; Rem. Supp. 1949 § 10776-1.] 43.03.040 Reviser’s note: This section was amended by 2010 c 1 § 5 and by 2010 1st sp.s. c 7 § 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Effective date—2010 c 1: See note following RCW 41.06.070. Effective date—2009 c 5: See note following RCW 41.06.070. (2010 Ed.) 43.03.050 Additional notes found at www.leg.wa.gov 43.03.050 Subsistence, lodging and refreshment, and per diem allowance for officials, employees, and members of boards, commissions, or committees. (1) The director of financial management shall prescribe reasonable allowances to cover reasonable and necessary subsistence and lodging expenses for elective and appointive officials and state employees while engaged on official business away from their designated posts of duty. The director of financial management may prescribe and regulate the allowances provided in lieu of subsistence and lodging expenses and may prescribe the conditions under which reimbursement for subsistence and lodging may be allowed. The schedule of allowances adopted by the office of financial management may include special allowances for foreign travel and other travel involving higher than usual costs for subsistence and lodging. The allowances established by the director shall not exceed the rates set by the federal government for federal employees. However, during the 2003-05 fiscal biennium, the allowances for any county that is part of a metropolitan statistical area, the largest city of which is in another state, shall equal the allowances prescribed for that larger city. (2) Those persons appointed to serve without compensation on any state board, commission, or committee, if entitled to payment of travel expenses, shall be paid pursuant to special per diem rates prescribed in accordance with subsection (1) of this section by the office of financial management. (3) The director of financial management may prescribe reasonable allowances to cover reasonable expenses for meals, coffee, and light refreshment served to elective and appointive officials and state employees regardless of travel status at a meeting where: (a) The purpose of the meeting is to conduct official state business or to provide formal training to state employees or state officials; (b) the meals, coffee, or light refreshment are an integral part of the meeting or training session; (c) the meeting or training session takes place away from the employee’s or official’s regular workplace; and (d) the agency head or authorized designee approves payments in advance for the meals, coffee, or light refreshment. In order to prevent abuse, the director may regulate such allowances and prescribe additional conditions for claiming the allowances. (4) Upon approval of the agency head or authorized designee, an agency may serve coffee or light refreshments at a meeting where: (a) The purpose of the meeting is to conduct state business or to provide formal training that benefits the state; and (b) the coffee or light refreshment is an integral part of the meeting or training session. The director of financial management shall adopt requirements necessary to prohibit abuse of the authority authorized in this subsection. (5) The schedule of allowances prescribed by the director under the terms of this section and any subsequent increases in any maximum allowance or special allowances for areas of higher than usual costs shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature. (6) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class one through class three or class five board, commission, council, committee, or similar group may receive an allowance for subsistence, 43.03.050 [Title 43 RCW—page 13] 43.03.060 Title 43 RCW: State Government—Executive lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under section 605, chapter 3, Laws of 2010. [2010 1st sp.s. c 7 § 141; 2003 1st sp.s. c 25 § 915; 1990 c 30 § 1; 1983 1st ex.s. c 29 § 1; 1979 c 151 § 83; 1977 ex.s. c 312 § 1; 1975-’76 2nd ex.s. c 34 § 94; 1970 ex.s. c 34 § 1; 1965 ex.s. c 77 § 1; 1965 c 8 § 43.03.050. Prior: 1961 c 220 § 1; 1959 c 194 § 1; 1953 c 259 § 1; 1949 c 17 § 1; 1943 c 86 § 1; Rem. Supp. 1949 § 109811.] Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351. Additional notes found at www.leg.wa.gov 43.03.060 43.03.060 Mileage allowance. (1) Whenever it becomes necessary for elective or appointive officials or employees of the state to travel away from their designated posts of duty while engaged on official business, and it is found to be more advantageous or economical to the state that travel be by a privately-owned vehicle rather than a common carrier or a state-owned or operated vehicle, a mileage rate established by the director of financial management shall be allowed. The mileage rate established by the director shall not exceed any rate set by the United States treasury department above which the substantiation requirements specified in Treasury Department Regulations section 1.274-5T(a)(1), as now law or hereafter amended, will apply. (2) The director of financial management may prescribe and regulate the specific mileage rate or other allowance for the use of privately-owned vehicles or common carriers on official business and the conditions under which reimbursement of transportation costs may be allowed. The reimbursement or other payment for transportation expenses of any employee or appointive official of the state shall be based on the method deemed most advantageous or economical to the state. (3) The mileage rate established by the director of financial management pursuant to this section and any subsequent changes thereto shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature. [1990 c 30 § 2; 1983 1st ex.s. c 29 § 2; 1979 c 151 § 84; 1977 ex.s. c 312 § 2; 1975-’76 2nd ex.s. c 34 § 95; 1974 ex.s. c 157 § 1; 1967 ex.s. c 16 § 4; 1965 c 8 § 43.03.060. Prior: 1949 c 17 § 2; 1943 c 86 § 2; Rem. Supp. 1949 § 10981-2.] Additional notes found at www.leg.wa.gov 43.03.062 43.03.062 State convention and trade center employees—Travel expenses. Notwithstanding any provision of this chapter, employees of the corporation formed under RCW 67.40.020 shall be reimbursed for actual and reasonable travel and subsistence expenses incurred out of state for the purpose of marketing the convention center as may be requested or performed by the chief executive officer of the corporation subject to approval of the office of financial management. Reimbursement under this section may not be for promotional hosting expenditures. [1985 c 233 § 4.] [Title 43 RCW—page 14] 43.03.065 43.03.065 Subsistence and lodging expenses—Direct payment to suppliers authorized. The allowances prescribed pursuant to RCW 43.03.050 as now or hereafter amended may be paid as reimbursements to individuals for subsistence and lodging expenses during official travel. Alternatively, amounts not exceeding those allowances may be paid directly to appropriate suppliers of subsistence and lodging, when more economical and advantageous to the state, under general rules and regulations adopted by the director of financial management with the advice of the state auditor. Payments to suppliers for subsistence and lodging expenses of individuals in travel status shall not result in a cost to the state in excess of what would be payable by way of reimbursements to the individuals involved. [1979 c 151 § 85; 1977 ex.s. c 312 § 4.] Additional notes found at www.leg.wa.gov 43.03.110 43.03.110 Moving expenses of employees. Whenever it is reasonably necessary to the successful performance of the required duty of a state office, commission, department or institution to transfer a deputy or other employee from one station to another within the state, thereby necessitating a change of such deputy’s or employee’s domicile, it shall be lawful for such office, commission, department or institution to move such deputy’s or employee’s household goods and effects to the new station at the expense of the state, or to defray the actual cost of such removal by common carrier, or otherwise, at the expense of the state, in which latter event reimbursement to the deputy or employee shall be upon voucher submitted by him or her and approved by the department head. [2009 c 549 § 5008; 1967 ex.s. c 16 § 1; 1965 c 8 § 43.03.110. Prior: 1943 c 128 § 1; Rem. Supp. 1943 § 99481.] 43.03.120 43.03.120 Moving expenses of new employees. Any state office, commission, department or institution may also pay the moving expenses of a new employee, necessitated by his or her acceptance of state employment, pursuant to mutual agreement with such employee in advance of his or her employment: PROVIDED, That if such employee is in the classified service as defined in chapter 41.06 RCW, that said employee has been duly certified from an eligible register. No such offer or agreement for such payment shall be made to a prospective member of the classified service, prior to such certification, except through appropriate public announcement by the department of personnel, or other corresponding personnel agency as provided by chapter 41.06 RCW. Payment for all expenses authorized by RCW 43.03.060, 43.03.110 through 43.03.210 including moving expenses of new employees, exempt or classified, and others, shall be subject to reasonable regulations promulgated by the director of financial management, including regulations defining allowable moving costs: PROVIDED, That, if the new employee terminates or causes termination of his or her employment with the state within one year of the date of employment, the state shall be entitled to reimbursement for the moving costs which have been paid and may withhold such sum as necessary therefor from any amounts due the employee. [2009 c 549 § 5009; 1979 c 151 § 86; 1967 ex.s. c 16 § 2.] (2010 Ed.) Salaries and Expenses 43.03.125 Relocation compensation for domiciliary moves. An agency may, within existing resources, authorize lump sum relocation compensation when it determines it is necessary to successfully recruit and retain qualified candidates who will have to make a domiciliary move in order to accept the position. It is lawful for a state office, commission, department, or institution to, within existing resources, authorize lump sum relocation compensation as authorized by rule under chapter 41.06 RCW and in accordance with the provisions of chapter 43.88 RCW. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation. [1999 c 297 § 2.] 43.03.125 Findings—1999 c 297: "The legislature finds that recruiting and retaining a highly qualified workforce is essential to deliver high quality public programs. One factor that impairs recruitment or transfer of public employees is the housing cost differential between the rural and urban areas of the state. This housing cost differential can cause state employees to decline promotional or transfer opportunities if the costs associated with such moves are not compensated. Therefore, the legislature finds that it is in the interest of the citizens of the state of Washington to authorize an employing agency to offer assistance to state employees to relocate from one part of the state to another. This assistance is referred to as relocation compensation and is commonplace with private and federal government employers." [1999 c 297 § 1.] 43.03.130 Travel expenses of prospective employees. Any state office, commission, department or institution may agree to pay the travel expenses of a prospective employee as an inducement for such applicant to travel to a designated place to be interviewed by and for the convenience of such agency: PROVIDED, That if such employment is to be in the classified service, such offer may be made only on the express authorization of the state department of personnel, or other corresponding personnel agency as provided by chapter 41.06 RCW, to applicants reporting for a merit system examination or to applicants from an eligible register reporting for a pre-employment interview. Travel expenses authorized for prospective employees called for interviews shall be payable at rates in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. When an applicant is called to be interviewed by or on behalf of more than one agency, the authorized travel expenses may be paid directly by the authorizing personnel department or agency, subject to reimbursement from the interviewing agencies on a pro rata basis. In the case of both classified and exempt positions, such travel expenses will be paid only for applicants being considered for the positions of director, deputy director, assistant director, or supervisor of state departments, boards or commissions; or equivalent or higher positions; or engineers, or other personnel having both executive and professional status. In the case of the state investment board, such travel expenses may also be paid for applicants being considered for investment officer positions. In the case of four-year institutions of higher education, such travel expenses will be paid only for applicants being considered for academic positions above the rank of instructor or professional or administrative employees in supervisory positions. In the case of community and technical colleges, such travel expenses may be paid for 43.03.130 (2010 Ed.) 43.03.190 applicants being considered for full-time faculty positions or administrative employees in supervisory positions. [2000 c 153 § 1; 1993 c 93 § 1; 1975-’76 2nd ex.s. c 34 § 96; 1967 ex.s. c 16 § 3.] Additional notes found at www.leg.wa.gov 43.03.150 Advance payment of travel expenses— Authorized. Whenever it becomes necessary for an elective or appointive official or employee of the state to travel and to incur expenses for which reimbursement may be made, it shall be the policy of the state to make reasonable allowances to such officers and employees in advance of expenditure, on request of such officer or employee, under appropriate rules and regulations prescribed by the director of financial management. [1979 c 151 § 87; 1967 ex.s. c 16 § 6.] 43.03.150 43.03.160 Advance payment of travel expenses— "Department" defined. "Department", as used herein, shall mean every department, office, agency or institution of state government. [1967 ex.s. c 16 § 7.] 43.03.160 43.03.170 Advance payment of travel expenses— Advance warrants—Issuance—Limitations. The head of any state department may issue an advance warrant on the request of any officer or employee for the purpose of defraying his or her anticipated reimbursable expenses while traveling on business of such state department away from his or her designated post of duty, except expenses in connection with the use of a personal automobile. The amount of such advance shall not exceed the amount of such reasonably anticipated expenses of the officer or employee to be necessarily incurred in the course of such business of the state for a period of not to exceed ninety days. Department heads shall establish written policies prescribing a reasonable amount for which such warrants may be written. [2009 c 549 § 5010; 1979 ex.s. c 71 § 1; 1967 ex.s. c 16 § 8.] 43.03.170 43.03.180 Advance payment of travel expenses— Itemized travel expense voucher to be submitted— Repayment of unexpended portion of advance—Default. On or before the tenth day following each month in which such advance was furnished to the officer or employee, he or she shall submit to the head of his or her department a fully itemized travel expense voucher fully justifying the expenditure of such advance or whatever part thereof has been expended, for legally reimbursable items on behalf of the state. Any unexpended portion of such advance shall be returned to the agency at the close of the authorized travel period. Payment shall accompany such itemized voucher at the close of the travel period; and may be made by check or similar instrument payable to the department. Any default in accounting for or repaying an advance shall render the full amount which is unpaid immediately due and payable with interest at the rate of ten percent per annum from the date of default until paid. [2009 c 549 § 5011; 1967 ex.s. c 16 § 9.] 43.03.180 43.03.190 Advance payment of travel expenses— Lien against and right to withhold funds payable until proper accounting or repaying of advance made. To protect the state from any losses on account of advances made as 43.03.190 [Title 43 RCW—page 15] 43.03.200 Title 43 RCW: State Government—Executive provided in RCW 43.03.150 through 43.03.210, the state shall have a prior lien against and a right to withhold any and all funds payable or to become payable by the state to such officer or employee to whom such advance has been given as provided in RCW 43.03.150 through 43.03.210, up to the amount of such advance and interest at the rate of ten percent per annum, until such time as repayment or justification has been made. [1979 ex.s. c 71 § 2; 1967 ex.s. c 16 § 10.] 43.03.200 Advance payment of travel expenses— Advances construed. An advance made under RCW 43.03.150 through 43.03.210 shall be considered as having been made to such officer or employee to be expended by him or her as an agent of the state for state purposes only, and specifically to defray necessary costs while performing his or her official duties. No such advance shall be considered for any purpose as a loan to such officer or employee, and any unauthorized expenditure of such funds shall be considered a misappropriation of state funds by a custodian of such funds. [2009 c 549 § 5012; 1967 ex.s. c 16 § 11.] 43.03.200 43.03.210 Advance payment of travel expenses— Director of financial management to prescribe rules and regulations to carry out RCW 43.03.150 through 43.03.210. The director of financial management may prescribe rules and regulations to assist in carrying out the purposes of RCW 43.03.150 through 43.03.210 including regulation of travel by officers and employees and the conditions under which per diem and mileage shall be paid, so as to improve efficiency and conserve funds and to insure proper use and accountability of travel advances strictly in the public interest and for public purposes only. [1979 c 151 § 88; 1967 ex.s. c 16 § 12.] must be approved by the director of the office of financial management. (4) Beginning July 1, 2010, through June 30, 2011, class one groups that are funded by sources other than the state general fund are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel. [2010 1st sp.s. c 7 § 142; 1984 c 287 § 2.] Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Legislative findings—1984 c 287: "The legislature finds that members of part-time boards, commissions, councils, committees, and other similar groups established by the executive, legislative, or judicial branches of state government make a valuable contribution to the public welfare. This time and talent so generously donated to the state is gratefully acknowledged. The legislature further finds that membership on certain part-time groups involves responsibility for major policy decisions and represents a significant demand on the time and resources of members. The demands and responsibilities are well beyond reasonable expectations of an individual’s gratuitous contribution to the public welfare. It is therefore appropriate to provide compensation to members of specific qualifying groups and further to provide three levels of compensation based on the responsibilities of the group and the time required to perform the group’s statutory duties." [1984 c 287 § 1.] 43.03.210 43.03.220 Compensation of members of part-time boards and commissions—Class one groups. (1) Any parttime board, commission, council, committee, or other similar group which is established by the executive, legislative, or judicial branch to participate in state government and which functions primarily in an advisory, coordinating, or planning capacity shall be identified as a class one group. (2) Absent any other provision of law to the contrary, no money beyond the customary reimbursement or allowance for expenses may be paid by or through the state to members of class one groups for attendance at meetings of such groups. (3) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class one board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under section 605, chapter 3, Laws of 2010. Class one groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require a member’s physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities 43.03.220 [Title 43 RCW—page 16] Additional notes found at www.leg.wa.gov 43.03.230 Compensation of members of part-time boards and commissions—Class two groups. (1) Any agricultural commodity board or commission established pursuant to Title 15 or 16 RCW shall be identified as a class two group for purposes of compensation. (2) Except as otherwise provided in this section, each member of a class two group is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day. (3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group. (4) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class two board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under section 605, chapter 3, Laws of 2010. Class two groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require a member’s physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management. 43.03.230 (2010 Ed.) Salaries and Expenses (5) Beginning July 1, 2010, through June 30, 2011, class two groups that are funded by sources other than the state general fund are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel. [2010 1st sp.s. c 7 § 143; 2001 c 315 § 11; 1984 c 287 § 3.] Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Legislative findings—Section headings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 43.03.240 Compensation of members of part-time boards and commissions—Class three groups. (1) Any part-time, statutory board, commission, council, committee, or other similar group which has rule-making authority, performs quasi judicial functions, has responsibility for the administration or policy direction of a state agency or program, or performs regulatory or licensing functions with respect to a specific profession, occupation, business, or industry shall be identified as a class three group for purposes of compensation. (2) Except as otherwise provided in this section, each member of a class three group is eligible to receive compensation in an amount not to exceed fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day. (3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group. (4) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class three board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under section 605, chapter 3, Laws of 2010. Class three groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require a member’s physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management. (5) Beginning July 1, 2010, through June 30, 2011, class three groups that are funded by sources other than the state general fund are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel. [2010 1st sp.s. c 7 § 144; 1984 c 287 § 4.] 43.03.240 (2010 Ed.) 43.03.265 Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Legislative findings—Section headings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 43.03.250 Compensation of members of part-time boards and commissions—Class four groups. (1) A parttime, statutory board, commission, council, committee, or other similar group shall be identified as a class four group for purposes of compensation if the group: (a) Has rule-making authority, performs quasi-judicial functions, or has responsibility for the administration or policy direction of a state agency or program; (b) Has duties that are deemed by the legislature to be of overriding sensitivity and importance to the public welfare and the operation of state government; and (c) Requires service from its members representing a significant demand on their time that is normally in excess of one hundred hours of meeting time per year. (2) Each member of a class four group is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day. (3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group. (4) Beginning July 1, 2010, through June 30, 2011, class four groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require a member’s physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management. [2010 1st sp.s. c 7 § 145; 1984 c 287 § 5.] 43.03.250 Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Legislative findings—Section headings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 43.03.265 Compensation of members of part-time boards and commissions—Class five groups. (1) Any part-time commission that has rule-making authority, performs quasi-judicial functions, has responsibility for the policy direction of a health profession credentialing program, and performs regulatory and licensing functions with respect to a health care profession licensed under Title 18 RCW shall be identified as a class five group for purposes of compensation. (2) Except as otherwise provided in this section, each member of a class five group is eligible to receive compensa43.03.265 [Title 43 RCW—page 17] 43.03.300 Title 43 RCW: State Government—Executive tion in an amount not to exceed two hundred fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day. (3) Compensation may be paid a member under this section only if it is necessarily incurred in the course of authorized business consistent with the responsibilities of the commission established by law. (4) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class five board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under section 605, chapter 3, Laws of 2010. Class five groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require a member’s physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management. (5) Beginning July 1, 2010, through June 30, 2011, class five groups that are funded by sources other than the state general fund are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel. [2010 1st sp.s. c 7 § 146; 1999 c 366 § 1.] Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. 43.03.300 Salaries of elected state officials—Legislative declaration—Purpose. The legislature hereby declares it to be the policy of this state to base salaries of elected state officials on realistic standards in order that such officials may be paid according to the duties of their offices and so that citizens of the highest quality may be attracted to public service. It is the purpose of RCW 43.03.300 through 43.03.310 to effectuate this policy by creating a citizens’ commission to establish proper salaries for such officials, thus removing political considerations in fixing the appropriateness of the amount of such salaries. [1986 c 155 § 1.] 43.03.300 Additional notes found at www.leg.wa.gov 43.03.305 Washington citizens’ commission on salaries for elected officials—Generally. There is created a commission to be known as the Washington citizens’ commission on salaries for elected officials, to consist of sixteen members appointed by the governor as provided in this section. (1) Nine of the sixteen commission members shall be selected by lot by the secretary of state from among those registered voters eligible to vote at the time persons are 43.03.305 [Title 43 RCW—page 18] selected for appointment to full terms on the commission under subsection (3) of this section. One member shall be selected from each congressional district. The secretary shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a congressional district if a person selected from the district declines appointment to the commission or if, following the person’s appointment, the person’s position on the commission becomes vacant before the end of the person’s term of office. (2) The remaining seven of the sixteen commission members, all residents of this state, shall be selected jointly by the speaker of the house of representatives and the president of the senate. The persons selected under this subsection shall have had experience in the field of personnel management. Of these seven members, one shall be selected from each of the following five sectors in this state: Private institutions of higher education; business; professional personnel management; legal profession; and organized labor. Of the two remaining members, one shall be a person recommended to the speaker and the president by the chair of the Washington personnel resources board and one shall be a person recommended by majority vote of the presidents of the state’s four-year institutions of higher education. (3) The secretary of state shall forward the names of persons selected under subsection (1) of this section and the speaker of the house of representatives and president of the senate shall forward the names of persons selected under subsection (2) of this section to the governor who shall appoint these persons to the commission. Except as provided in subsection (6) of this section, the names of persons selected for appointment to the commission shall be forwarded to the governor not later than February 15, 1987, and not later than the fifteenth day of February every four years through 1999. The terms of the members selected in 1999 shall terminate July 1, 2002, and the names of persons selected for appointment to the commission shall be forwarded to the governor not later than July 1, 2002. Of the sixteen names forwarded to the governor in 2002, the governor shall by lot select four of the persons selected under subsection (1) of this section and four of the persons selected under subsection (2) of this section to serve two-year terms, with the rest of the members serving four-year terms. Thereafter, except as provided in subsection (6) of this section, all members shall serve fouryear terms and the names of eight persons selected for appointment to the commission shall be forwarded to the governor not later than the first day of July every two years. (4) No person may be appointed to more than two terms. No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. The unexcused absence of any person who is a member of the commission from two consecutive meetings of the commission shall constitute the relinquishment of that person’s membership on the commission. Such a relinquishment creates a vacancy in that person’s position on the commission. A member’s absence may be excused by the chair of the commission upon the member’s written request if the chair believes there is just cause for the absence. Such a (2010 Ed.) Use of State Seal request must be received by the chair before the meeting for which the absence is to be excused. A member’s absence from a meeting of the commission may also be excused during the meeting for which the member is absent by the affirmative vote of a majority of the members of the commission present at the meeting. (5) No state official, public employee, or lobbyist, or immediate family member of the official, employee, or lobbyist, subject to the registration requirements of *chapter 42.17 RCW is eligible for membership on the commission. As used in this subsection the phrase "immediate family" means the parents, spouse or domestic partner, siblings, children, or dependent relative of the official, employee, or lobbyist whether or not living in the household of the official, employee, or lobbyist. (6) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided. [2008 c 6 § 204; 1999 c 102 § 1; 1995 c 3 § 1; 1993 c 281 § 46; 1986 c 155 § 2.] *Reviser’s note: Provisions in chapter 42.17 RCW relating to campaign finance were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Additional notes found at www.leg.wa.gov 43.03.310 Duties of citizens’ commission—Travel expenses—Chair—Schedule of salaries—Publication— Hearings. (1) The citizens’ commission on salaries for elected officials shall study the relationship of salaries to the duties of members of the legislature, all elected officials of the executive branch of state government, and all judges of the supreme court, court of appeals, superior courts, and district courts, and shall fix the salary for each respective position. (2) Except as provided otherwise in RCW 43.03.305 and this section, the commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all state officials, departments, and agencies. (3) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060. (4) The members of the commission shall elect a chair from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than nine members of the commission. (5) The commission shall file its initial schedule of salaries for the elected officials with the secretary of state no later than the first Monday in June, 1987, and shall file a schedule biennially thereafter. Each such schedule shall be filed in legislative bill form, shall be assigned a chapter number and published with the session laws of the legislature, and shall be codified by the statute law committee. The signature of the chair of the commission shall be affixed to each schedule submitted to the secretary of state. The chair shall certify that the schedule has been adopted in accordance with the provi43.03.310 (2010 Ed.) 43.04.020 sions of state law and with the rules, if any, of the commission. Such schedules shall become effective ninety days after the filing thereof, except as provided in Article XXVIII, section 1 of the state Constitution. State laws regarding referendum petitions shall apply to such schedules to the extent consistent with Article XXVIII, section 1 of the state Constitution. (6) Before the filing of any salary schedule, the commission shall first develop a proposed salary schedule and then hold no fewer than four regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. In the 2009-2011 fiscal biennium, the commission shall hold no more than two regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. At the last public hearing that is held as a regular meeting on the proposed schedule, the commission shall adopt the salary schedule as originally proposed or as amended at that meeting that will be filed with the secretary of state. (7) All meetings, actions, hearings, and business of the commission shall be subject in full to the open public meetings act, chapter 42.30 RCW. (8) Salaries of the officials referred to in subsection (1) of this section that are in effect on January 12, 1987, shall continue until modified by the commission under this section. [2009 c 564 § 925; 1998 c 164 § 1; 1995 c 3 § 2; 1986 c 155 § 3.] Effective date—2009 c 564: See note following RCW 2.68.020. Additional notes found at www.leg.wa.gov Chapter 43.04 Chapter 43.04 RCW USE OF STATE SEAL Sections 43.04.010 43.04.020 43.04.030 43.04.040 43.04.050 43.04.060 43.04.070 43.04.080 43.04.090 43.04.100 43.04.900 Legislative findings. Definitions. Use of state seal—Official purposes. Use of state seal—Commemorative and souvenir items—Historical, educational, and civil purposes—Application— Fee—Licensing agreements—Rules. Use of state seal—Prohibitions—Imitations. Endorsements prohibited. Civil penalties—Injunctions. Investigations—Enforcement. Criminal penalty. Deposit of fees, penalties, and damages—Use. Severability—1988 c 120. 43.04.010 Legislative findings. The legislature finds that the seal of the state of Washington is a symbol of the authority and sovereignty of the state and is a valuable asset of its people. It is the intent of the legislature to ensure that appropriate uses are made of the state seal and to assist the secretary of state in the performance of the secretary’s constitutional duty as custodian of the seal. [1988 c 120 § 1.] 43.04.010 43.04.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. 43.04.020 [Title 43 RCW—page 19] 43.04.030 Title 43 RCW: State Government—Executive (1) "State seal" means the seal of the state as described in Article XVIII, section 1 of the state Constitution and in RCW 1.20.080. (2) "Secretary" means the secretary of state and any designee of the secretary of state. [1988 c 120 § 2.] 43.04.030 43.04.030 Use of state seal—Official purposes. Except as otherwise provided in this chapter, the state seal shall be used for official purposes only. [1988 c 120 § 3.] 43.04.040 43.04.040 Use of state seal—Commemorative and souvenir items—Historical, educational, and civil purposes—Application—Fee—Licensing agreements— Rules. (1) The secretary of state may authorize the use of the state seal on commemorative and souvenir items, and for historical, educational, and civic purposes. Such authorization shall be in writing. (2) Application for such authorization shall be in writing and shall be accompanied by a filing fee, the amount of which shall be determined by the secretary of state. The secretary shall set the fee at a level adequate to cover the administrative costs of processing the applications. (3) If the secretary determines that a permitted use of the seal could financially benefit the state, the secretary may condition authorization upon a licensing agreement to secure those benefits for the state. (4) The secretary of state shall adopt rules under chapter 34.05 RCW to govern the use of the seal in a manner consistent with this chapter. Any rule governing the use of the seal shall be designed to prevent inappropriate or misleading use of the seal and to assure tasteful and high-quality reproduction of the seal. The rules shall also prescribe the circumstances when a licensing arrangement shall be required and the method for determining licensing fees. [1988 c 120 § 4.] 43.04.050 43.04.050 Use of state seal—Prohibitions—Imitations. (1) Except as otherwise provided in RCW 43.04.040, the state seal shall not be used on or in connection with any advertising or promotion for any product, business, organization, service, or article whether offered for sale for profit or offered without charge. (2) The state seal shall never be used in a political campaign to assist or defeat any candidate for elective office. (3) It is a violation of this chapter to use any symbol that imitates the seal or that is deceptively similar in appearance to the seal, in any manner that would be an improper use of the official seal itself. (4) Nothing in this chapter shall prohibit the reproduction of the state seal for illustrative purposes by the news media if the reproduction by the news media is incidental to the publication or the broadcast. Nothing in this chapter shall prohibit a characterization of the state seal from being used in political cartoons. [1988 c 120 § 5.] 43.04.070 Civil penalties—Injunctions. Any person who violates RCW 43.04.050 (1) or (3) by using the state seal or an imitative or deceptively similar seal on or in connection with any product, business, organization, service, or article shall be liable for damages in a suit brought by the attorney general. The damages shall be equal to the gross monetary amount gained by the misuse of the state seal or the use of the imitative or deceptively similar seal, plus attorney’s fees and other costs of the state in bringing the suit. The "gross monetary amount" is the total of the gross receipts that can be reasonably attributed to the misuse of the seal or the use of an imitative or deceptively similar seal. In addition to the damages, the violator is subject to a civil penalty imposed by the court in an amount not to exceed five thousand dollars. In imposing this penalty, the court shall consider the need to deter further violations of this chapter. The attorney general may seek and shall be granted such injunctive relief as is appropriate to stop or prevent violations of this chapter. [1988 c 120 § 7.] 43.04.070 43.04.080 Investigations—Enforcement. The secretary of state shall conduct investigations for violations of this chapter and may request enforcement by the attorney general. [1988 c 120 § 8.] 43.04.080 43.04.090 Criminal penalty. Any person who wilfully violates this chapter is guilty of a misdemeanor. [1988 c 120 § 9.] 43.04.090 43.04.100 Deposit of fees, penalties, and damages— Use. All fees, penalties, and damages received under this chapter shall be paid to the secretary of state and with the exception of the filing fee authorized in RCW 43.04.040(2) shall be deposited by the secretary into the capitol furnishings preservation committee account created in RCW 27.48.040. [2007 c 453 § 4; 1988 c 120 § 10.] 43.04.100 Findings—2007 c 453: See RCW 44.73.005. 43.04.900 Severability—1988 c 120. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1988 c 120 § 13.] 43.04.900 Chapter 43.05 RCW TECHNICAL ASSISTANCE PROGRAMS Chapter 43.05 Sections 43.05.005 43.05.010 43.05.020 43.05.030 43.05.040 43.05.050 43.05.060 43.05.070 43.05.080 43.05.090 43.04.060 43.04.060 Endorsements prohibited. No use of the state seal may operate or be construed to operate in any way as an endorsement of any business, organization, product, service, or article. [1988 c 120 § 6.] [Title 43 RCW—page 20] 43.05.100 43.05.110 43.05.120 Findings. Definitions. Agency programs—List of technical assistance providers. Technical assistance visit—Notice of violation. Time to correct violations—Revisit—Issuance of penalties. Issuance of penalty during technical assistance visit. Department of ecology—Notice of correction. Department of ecology—Penalty. Application of RCW 43.05.060 and 43.05.070—Limited. Department of labor and industries—Consultative visit, report—Compliance inspection, citation. Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction. Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty. Time for compliance—Extension. (2010 Ed.) Technical Assistance Programs 43.05.130 43.05.140 43.05.150 43.05.901 43.05.902 43.05.903 43.05.904 43.05.905 Educational programs. Pilot voluntary audit program. Agency immunity—Enforcement authority. Conflict with federal requirements. Resolution of conflict with federal requirements—Notification. Part headings not law—1995 c 403. Severability—1995 c 403. Findings—Short title—Intent—1995 c 403. 43.05.005 Findings. The legislature finds that, due to the volume and complexity of laws and rules it is appropriate for regulatory agencies to adopt programs and policies that encourage voluntary compliance by those affected by specific rules. The legislature recognizes that a cooperative partnership between agencies and regulated parties that emphasizes education and assistance before the imposition of penalties will achieve greater compliance with laws and rules and that most individuals and businesses who are subject to regulation will attempt to comply with the law, particularly if they are given sufficient information. In this context, enforcement should assure that the majority of a regulated community that complies with the law are not placed at a competitive disadvantage and that a continuing failure to comply that is within the control of a party who has received technical assistance is considered by an agency when it determines the amount of any civil penalty that is issued. [1995 c 403 § 601.] 43.05.005 43.05.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law or rules. The term does not include any criminal penalty, damage assessments, wages, premiums, or taxes owed, or interest or late fees on any existing obligation. (2) "Regulatory agency" means an agency as defined in RCW 34.05.010 that has the authority to issue civil penalties. The term does not include the state patrol or any institution of higher education as defined in RCW 28B.10.016. (3) "Technical assistance" includes: (a) Information on the laws, rules, and compliance methods and technologies applicable to the regulatory agency’s programs; (b) Information on methods to avoid compliance problems; (c) Assistance in applying for permits; and (d) Information on the mission, goals, and objectives of the program. (4) "Technical assistance documents" means documents prepared to provide information specified in subsection (3) of this section entitled a technical assistance document by the agency head or its designee. Technical assistance documents do not include notices of correction, violation, or enforcement action. Technical assistance documents do not impose mandatory obligations or serve as the basis for a citation. [1999 c 236 § 1; 1995 c 403 § 602.] 43.05.010 43.05.020 Agency programs—List of technical assistance providers. All regulatory agencies shall develop programs to encourage voluntary compliance by providing technical assistance consistent with statutory requirements. The 43.05.020 (2010 Ed.) 43.05.040 programs shall include but are not limited to technical assistance visits, printed information, information and assistance by telephone, training meetings, and other appropriate methods to provide technical assistance. In addition, all regulatory agencies shall provide upon request a list of organizations, including private companies, that provide technical assistance. This list shall be compiled by the agencies from information submitted by the organizations and shall not constitute an endorsement by an agency of any organization. [1995 c 403 § 603.] 43.05.030 Technical assistance visit—Notice of violation. (1) For the purposes of this chapter, a technical assistance visit is a visit by a regulatory agency to a facility, business, or other location that: (a) Has been requested or is voluntarily accepted; and (b) Is declared by the regulatory agency at the beginning of the visit to be a technical assistance visit. (2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250. (3) During a technical assistance visit, or within a reasonable time thereafter, a regulatory agency shall inform the owner or operator of the facility of any violations of law or agency rules identified by the agency as follows: (a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule; (b) A statement of what is required to achieve compliance; (c) The date by which the agency requires compliance to be achieved; (d) Notice of the means to contact any technical assistance services provided by the agency or others; and (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency. [1996 c 206 § 2; 1995 c 403 § 604.] 43.05.030 Findings—1996 c 206: "The legislature finds that many individuals and small businesses who are required to comply with laws and agency rules often do not have access to the Revised Code of Washington, the Washington Administrative Code, the United States Code, or the Code of Federal Regulations. In this case, those informed of violations do not know whether, or to what extent, the cited law or agency rule actually applies to their situation. In order to facilitate greater understanding of the law and agency rules, the legislature finds that those who make the effort to obtain technical assistance from a regulatory agency, and those who are issued a notice of correction, should be given the text of the specific section or subsection of the law or agency rule they are alleged to have violated." [1996 c 206 § 1.] 43.05.040 Time to correct violations—Revisit—Issuance of penalties. (1) The owner and operator shall be given a reasonable period of time to correct violations identified during a technical assistance visit before any civil penalty provided for by law is imposed for those violations. A regulatory agency may revisit a facility, business, or other location after a technical assistance visit and a reasonable period of time has passed to correct violations identified by the agency in writing and issue civil penalties as provided for by law for any uncorrected violations. (2) During a visit under subsection (1) of this section, the regulatory agency may not issue civil penalties for violations not previously identified in a technical assistance visit, unless the violations are of the type for which the agency may issue 43.05.040 [Title 43 RCW—page 21] 43.05.050 Title 43 RCW: State Government—Executive a citation: (a) During a technical assistance visit under RCW 43.05.050; or (b) under RCW 43.05.090. [2001 c 190 § 1; 1995 c 403 § 605.] 43.05.050 Issuance of penalty during technical assistance visit. A regulatory agency that observes a violation during a technical assistance visit may issue a civil penalty as provided for by law if: (1) The individual or business has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) the issue involves sales taxes due to the state and the individual or business is not remitting previously collected sales taxes to the state; or (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars. [1995 c 403 § 606.] or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars. [1995 c 403 § 608.] 43.05.050 43.05.060 Department of ecology—Notice of correction. (1) If in the course of any site inspection or visit that is not a technical assistance visit, the department of ecology becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.070, the department may issue a notice of correction to the responsible party that shall include: (a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule; (b) A statement of what is required to achieve compliance; (c) The date by which the department requires compliance to be achieved; (d) Notice of the means to contact any technical assistance services provided by the department or others; and (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department. (2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record. (3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice. [1996 c 206 § 3; 1995 c 403 § 607.] 43.05.060 Findings—1996 c 206: See note following RCW 43.05.030. 43.05.070 Department of ecology—Penalty. The department of ecology may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; or (3) the violation has a probability of placing a person in danger of death 43.05.070 [Title 43 RCW—page 22] 43.05.080 Application of RCW 43.05.060 and 43.05.070—Limited. The provisions of RCW 43.05.060 and 43.05.070 affecting civil penalties issued by the department of ecology shall not apply to civil penalties for negligent discharge of oil as authorized under RCW 90.56.330 or to civil penalties as authorized under RCW 90.03.600 for unlawful use of water in violation of RCW 90.03.250 or 90.44.050. [1995 c 403 § 609.] 43.05.080 43.05.090 Department of labor and industries—Consultative visit, report—Compliance inspection, citation. (1) Following a consultative visit pursuant to RCW 49.17.250, the department of labor and industries shall issue a report to the employer that the employer shall make available to its employees. The report shall contain: (a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule; (b) A statement of what is required to achieve compliance; (c) The date by which the department requires compliance to be achieved; (d) Notice of means to contact technical assistance services provided by the department; and (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department. (2) Following a compliance inspection pursuant to RCW 49.17.120, the department of labor and industries shall issue a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations: (a) Are determined not to be of a serious nature; (b) Have not been previously cited; (c) Are not willful; and (d) Do not have a mandatory penalty under chapter 49.17 RCW. [1996 c 206 § 4; 1995 c 403 § 610.] 43.05.090 Findings—1996 c 206: See note following RCW 43.05.030. 43.05.100 Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction. (1) If in the course of any inspection or visit that is not a technical assistance visit, the department of agriculture, fish and wildlife, health, licensing, or natural resources becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.110, the department may issue a notice of correction to the responsible party that shall include: (a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule; (b) A statement of what is required to achieve compliance; (c) The date by which the department requires compliance to be achieved; 43.05.100 (2010 Ed.) Technical Assistance Programs (d) Notice of the means to contact any technical assistance services provided by the department or others; and (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department. (2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record. (3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice. [1996 c 206 § 5; 1995 c 403 § 611.] Findings—1996 c 206: See note following RCW 43.05.030. 43.05.110 43.05.110 Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty. The department of agriculture, fish and wildlife, health, licensing, or natural resources may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; [or] (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars; or (4) the violation was committed by a business that employed fifty or more employees on at least one day in each of the preceding twelve months. In addition, the department of fish and wildlife may issue a civil penalty provided for by law without first issuing a notice of correction for a violation of any rule dealing with seasons, catch or bag limits, gear types, or geographical areas for fish or wildlife removal, reporting, or disposal. This section does not apply to the civil penalties imposed under RCW 82.38.170(13). [1998 c 176 § 84; 1995 c 403 § 612.] Rules—Findings—Effective date—1998 c 176: See RCW 82.36.800, 82.36.900, and 82.36.901. 43.05.120 43.05.120 Time for compliance—Extension. The date for compliance established by the department of ecology, labor and industries, agriculture, fish and wildlife, health, licensing, or natural resources pursuant to RCW 43.05.060, 43.05.090, or 43.05.100 respectively shall provide for a reasonable time to achieve compliance. Any person receiving a notice of correction pursuant to RCW 43.05.060 or 43.05.100 or a report or citation pursuant to RCW 43.05.090 may request an extension of time to achieve compliance for good cause from the issuing department. Requests shall be submitted to the issuing department and responded to by the issuing department in writing in accordance with procedures specified by the issuing department in the notice, report, or citation. [1995 c 403 § 613.] (2010 Ed.) 43.05.901 43.05.130 43.05.130 Educational programs. The departments of revenue and labor and industries and the employment security department shall undertake an educational program directed at those who have the most difficulty in determining their tax or premium liability. The departments may rely on information from internal data, trade associations, and businesses to determine which entities should be selected. The educational programs may include, but not be limited to, targeted informational fact sheets, self-audits, or workshops, and may be presented individually by the agency or in conjunction with other agencies. [1995 c 403 § 614.] 43.05.140 43.05.140 Pilot voluntary audit program. The department of revenue, the department of labor and industries in respect to its duties in Title 51 RCW, and the employment security department shall develop and administer a pilot voluntary audit program. Voluntary audits can be requested by businesses from any of these agencies according to guidelines established by each agency. No penalty assessments may be made against participants in such a program except when the agency determines that either a good faith effort has not been made by the taxpayer or premium payer to comply with the law or that the taxpayer has failed to remit previously collected sales taxes to the state. The persons conducting the voluntary audit shall provide the business undergoing the voluntary audit an audit report that describes errors or omissions found and future reporting instructions. This program does not relieve a business from past or future tax or premium obligations. [1995 c 403 § 615.] 43.05.150 43.05.150 Agency immunity—Enforcement authority. Nothing in this chapter obligates a regulatory agency to conduct a technical assistance visit. The state and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from providing technical assistance, or if liability is asserted to arise from the failure of the state or officers or employees of the state to provide technical assistance. This chapter does not limit the authority of any regulatory agency to take any enforcement action, other than a civil penalty, authorized by law. This chapter shall not limit a regulatory agency’s authority to issue a civil penalty as authorized by law based upon a person’s failure to comply with specific terms and conditions of any permit or license issued by the agency to that person. [1995 c 403 § 617.] 43.05.901 43.05.901 Conflict with federal requirements. If a regulatory agency determines any part of this chapter to be in conflict with federal law or program requirements, in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, or in conflict with the requirements for eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this chapter shall be inoperative solely to the extent of the conflict. Any rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state. [1995 c 403 § 619.] [Title 43 RCW—page 23] 43.05.902 Title 43 RCW: State Government—Executive 43.05.902 Resolution of conflict with federal requirements—Notification. If notified by responsible federal officials of any conflict of this chapter with federal law or program requirements or with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the regulatory agency notified of the conflict shall actively seek to resolve the conflict. If the agency determines that the conflict cannot be resolved without loss of benefits or authority to the state, the agency shall notify the governor, the president of the senate, and the speaker of the house of representatives in writing within thirty days of making that determination. [1995 c 403 § 620.] 43.06.335 43.06.350 43.05.903 Part headings not law—1995 c 403. Part headings as used in this act do not constitute any part of the law. [1995 c 403 § 1101.] 43.06.460 43.06.465 43.06.466 43.06.475 43.06.480 43.05.904 Severability—1995 c 403. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1995 c 403 § 1105.] Appointing power accountancy board: RCW 18.04.035. administrator for the courts: RCW 2.56.010. board for architects: RCW 18.08.330. board of registration of professional engineers and land surveyors: RCW 18.43.030. board of tax appeals: RCW 82.03.020. center for volunteerism and citizen service: RCW 43.150.040. clemency and pardons board: RCW 9.94A.880. college district boards of trustees: RCW 28B.50.100. council for children and families: RCW 43.121.020. court of appeals vacancy: State Constitution Art. 4 § 30; RCW 2.06.080. criminal justice training commission: RCW 43.101.030. degree-granting institutions, attorney general participation: Chapter 28B.85 RCW. department of ecology, director of: RCW 43.21A.050. department of social and health services, secretary of: RCW 43.20A.040. directors of state departments and agencies: RCW 43.17.020. electrical advisory board members: RCW 19.28.311. energy facility site evaluation council: RCW 80.50.030. financial management, director: RCW 43.41.060. fish and wildlife commission: RCW 77.04.030. higher education facilities authority: RCW 28B.07.030. industrial insurance appeals board: RCW 51.52.010. information services board: RCW 43.105.032. investment board members: RCW 43.33A.020. judges of court of appeals, vacancy: State Constitution Art. 4 § 30; RCW 2.06.080. judges of superior court, vacancy: State Constitution Art. 4 § 5; RCW 2.08.120. vacancy resulting from creation of additional judgeship: RCW 2.08.069. justices of supreme court, vacancy: State Constitution Art. 4 § 3; RCW 2.04.100. license examining committee: RCW 43.24.060. militia officers: State Constitution Art. 10 § 2. optometry board members: RCW 18.54.030. Pacific marine fisheries commission, appointment of representatives to: RCW 77.75.040. pharmacy board: RCW 18.64.001. physical therapy board committee: RCW 18.74.020. podiatric medical board: RCW 18.22.013. pollution control hearings board of the state: RCW 43.21B.020, 43.21B.030. private vocational schools, attorney general participation: Chapter 28C.10 RCW. public printer: RCW 43.78.010. railroad police officers: RCW 81.60.010. real estate commission: RCW 18.85.021. recreation and conservation funding board: RCW 79A.25.110. regents of educational institutions: State Constitution Art. 13 § 1. state arts commission: RCW 43.46.015. state board for community and technical colleges: RCW 28B.50.050, 28B.50.070. state board of health: RCW 43.20.030. 43.05.902 43.05.903 43.05.904 43.05.905 Findings—Short title—Intent—1995 c 403. See note following RCW 34.05.328. 43.05.905 Chapter 43.06 Chapter 43.06 RCW GOVERNOR Sections 43.06.010 43.06.013 43.06.015 43.06.020 43.06.030 43.06.040 43.06.050 43.06.055 43.06.060 43.06.070 43.06.080 43.06.090 43.06.092 43.06.094 43.06.110 43.06.115 43.06.120 43.06.130 43.06.150 43.06.155 43.06.200 43.06.210 43.06.220 43.06.230 43.06.240 43.06.250 43.06.260 43.06.270 General powers and duties. Requests for nonconviction criminal history fingerprint record checks for agency heads. Interstate oil compact commission—Governor may join. Records to be kept. Appointments to senate for confirmation—Notice. Lieutenant governor acts in governor’s absence. Powers and duties of acting governor. Governor-elect—Appropriation to provide office and staff. Expense of publishing proclamations. Removal of appointive officers. Removal of appointive officers—Statement of reasons to be filed. Removal of appointive officers—Filling of vacancy. Gubernatorial appointees—Continuation of service— Appointments to fill vacancies. Gubernatorial appointees—Removal prior to confirmation. Economic opportunity act programs—State participation— Authority of governor. Militarily impacted area—Declaration by governor. Federal funds and programs—Acceptance of funds by governor authorized—Administration and disbursement. Federal funds and programs—Payment of travel expenses of committees, councils, or other bodies. Federal funds and programs—Participating agencies to notify director of financial management, joint legislative audit and review committee and legislative council—Progress reports. Health care reform deliberations—Principles—Policies. Definitions. Proclamations—Generally—State of emergency. State of emergency—Powers of governor pursuant to proclamation. State of emergency—Destroying or damaging property or causing personal injury—Penalty. State of emergency—Disorderly conduct after emergency proclaimed—Penalty. State of emergency—Refusing to leave public way or property when ordered—Penalty. State of emergency—Prosecution of persons sixteen years or over as adults. State of emergency—State militia or state patrol—Use in restoring order. [Title 43 RCW—page 24] 43.06.400 43.06.410 43.06.415 43.06.420 43.06.425 43.06.435 43.06.450 43.06.455 Washington quality award council—Organization—Duties. Foreign nationals or citizens, convicted offenders—Transfers and sentences. Listing of reduction in revenues from tax exemptions to be submitted to legislature by department of revenue—Periodic review and submission of recommendations to legislature by governor. State internship program—Governor’s duties. State internship program coordinator—Rules. Undergraduate internship program—Executive fellows program. Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and vacation leave. Interns—Effect on full time equivalent staff position limitations. Cigarette tax contracts—Intent—Finding—Limitations. Cigarette tax contracts—Requirements—Use of revenue— Enforcement—Definitions. Cigarette tax contracts—Eligible tribes—Tax rate. Cigarette tax agreement with Puyallup Tribe of Indians. Cigarette tax agreement—Yakama Nation. Timber harvest excise tax agreements. Timber harvest excise tax agreements—Quinault Nation. (2010 Ed.) Governor state college boards of trustees: RCW 28B.40.100. state patrol chief: RCW 43.43.020. statute law committee members: RCW 1.08.001. superior court vacancy: State Constitution Art. 4 § 5; RCW 2.08.069, 2.08.120. supreme court vacancy: State Constitution Art. 4 § 3; RCW 2.04.100. traffic safety commission: RCW 43.59.030. transportation commission members: RCW 47.01.051. uniform law commission: RCW 43.56.010. United States senator, filling vacancy in office of: RCW 29A.28.030. University of Washington board of regents: RCW 28B.20.100. utilities and transportation commission: RCW 80.01.010. vacancies in appointive office filled by: State Constitution Art. 3 § 13. court of appeals, filled by: State Constitution Art. 4 § 30; RCW 2.06.080. legislature, duties: State Constitution Art. 2 § 15. superior court, filled by: State Constitution Art. 4 § 5; RCW 2.08.069, 2.08.120. supreme court, filled by: State Constitution Art. 4 § 3; RCW 2.04.100. veterinary board of governors: RCW 18.92.021. visiting judges of superior court: RCW 2.08.140. Washington personnel resources board: RCW 41.06.110. Washington State University board of regents: RCW 28B.30.100. Approval of laws: State Constitution Art. 3 § 12. Associations of municipal corporations or officers to furnish information to governor: RCW 44.04.170. Attorney general, advice to governor: RCW 43.10.030. Chapter 43.06 Judicial officers extension of leave of absence of: State Constitution Art. 4 § 8. superior court, assignment to another county by: State Constitution Art. 4 §§ 5, 7. Labor and industries, department, biennial report to governor: RCW 43.22.330. Legal holidays designation of: RCW 1.16.050. proclamation process, applicability to courts: RCW 2.28.100. Legislature extra session, may convene: State Constitution Art. 3 § 7. messages to: State Constitution Art. 3 § 6. vacancies, filled by: State Constitution Art. 2 § 15. Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93 RCW. Marketing agreements or orders, annual audit of financial affairs under, governor to receive reports of: RCW 15.65.490. Messages to legislature: State Constitution Art. 3 § 6. Board of natural resources member: RCW 43.30.205. Militia and military affairs commander-in-chief of militia: State Constitution Art. 3 § 8; RCW 38.08.020. compacts with other states for guarding boundaries: RCW 38.08.100. eminent domain for military purposes: RCW 8.04.170, 8.04.180. martial law, proclamation by, when: RCW 38.08.030. officers, commissioned by: State Constitution Art. 10 § 2. personal staff: RCW 38.08.070. rules promulgated by: RCW 38.08.090. strength, composition, training, etc., prescribed by: RCW 38.04.040. Bonds, notes and other evidences of indebtedness, governor’s duties: Chapter 39.42 RCW. Motor vehicle administration, annual report of director of licensing to go to: RCW 46.01.290. Child welfare services, duty to determine whether to expand delivery by contractors: RCW 74.13.372. OASI, agreement of state for participation of state and political subdivision employees, duties concerning: Chapter 41.48 RCW. Clemency and pardons board, established as board in office of governor: RCW 9.94A.880. Oath of office: RCW 43.01.020. Official bonds, approval of: RCW 42.08.100. Pardons power to grant: RCW 10.01.120. report to legislature of: State Constitution Art. 3 §§ 9, 11. restrictions prescribed by law: State Constitution Art. 3 § 9. Paroles, governor may revoke: RCW 9.95.160. Protection for governor, lieutenant governor, and governor elect, duty of chief of state patrol to provide: RCW 43.43.035. Puget Sound ferry and toll bridge system, governor’s powers and duties relating to: Chapter 47.60 RCW. Collective bargaining negotiations for marine employees: RCW 47.64.170 and 47.64.175. Commander-in-chief of state militia: State Constitution Art. 3 § 8. Commissions issued by state, signed by: State Constitution Art. 3 § 15. Commutation of death sentence, power to commute: RCW 10.01.120. Continuity of government in event of enemy attack, succession to office of governor: RCW 42.14.020. Council for children and families, jurisdiction in governor: RCW 43.121.020. Driver license compact, executive head: RCW 46.21.040. Election certificates issued for state and congressional offices by: RCW 29A.52.370. Election of: State Constitution Art. 3 § 1. Execution of laws: State Constitution Art. 3 § 5. Extradition proceedings power and duties as to: RCW 10.34.030. warrant issued by: RCW 10.88.260. Federal REAL ID Act of 2005, approval of attorney general legal challenge: RCW 46.20.1911. Fines, power to remit: State Constitution Art. 3 § 11. Forfeitures, power to remit: State Constitution Art. 3 § 11. Highway construction bonds and coupons, governor to sign: Chapter 47.10 RCW. toll facility property sale, deed executed by: RCW 47.56.255. Impeachment: State Constitution Art. 5 §§ 1, 2. Indians, assumption of state jurisdiction, proclamation by governor: RCW 37.12.021. Information in writing may be required from state officers: State Constitution Art. 3 § 5. Interstate compact on juveniles, duties: Chapter 13.24 RCW. Judges’ retirement applications, doctors’ examination report, approval and filing of: RCW 2.12.020. (2010 Ed.) Registry of governor’s acts kept by secretary of state: RCW 43.07.030. Remission of fines and forfeitures report to legislature with reasons: State Constitution Art. 3 § 11. Reports to governor agricultural marketing agreements or orders, audits and financial reports: RCW 15.65.490. agricultural marketing legislation recommendations: RCW 15.64.010. agriculture director: RCW 43.23.130. annual report by state officers, etc., period covered: RCW 43.01.035. business license center: RCW 19.02.030. department of personnel: RCW 43.03.028. department of transportation, operation and construction activities: RCW 47.01.141. engineers and land surveyors board of registration: RCW 18.43.035. enrollment forecasts: RCW 43.62.050. financial management, director: RCW 43.88.160. fish and wildlife director: RCW 77.04.120. horse racing commission: RCW 67.16.015. human rights commission: RCW 49.60.100. indeterminate sentence review board: RCW 9.95.265. industrial insurance, violations: RCW 51.04.020. investment activities of state investment board: RCW 43.33A.150. judges of the supreme court to report defects or omissions in laws to: RCW 2.04.230. labor and industries director: RCW 43.22.330, 49.12.180. motor vehicle administration, director of licensing: RCW 46.01.290. prosecuting attorneys, annual report: RCW 36.27.020. [Title 43 RCW—page 25] 43.06.010 Title 43 RCW: State Government—Executive state arts commission: RCW 43.46.070. state board for community and technical colleges: RCW 28B.50.070. state board of health: RCW 43.20.100. state officers: State Constitution Art. 3 § 5. state parks and recreation commission: RCW 79A.05.030. superintendent of public instruction, biennial report: RCW 28A.300.040. University of Washington board of regents: RCW 28B.20.130. veterans’ rehabilitation council: RCW 43.61.040. Reprieves power to grant: RCW 10.01.120. report to legislature: State Constitution Art. 3 § 11. Residence at seat of government: State Constitution Art. 3 § 24. Resignation by state officers and members of legislature made to: RCW 42.12.020. Salaries of public officials, governor’s duties: RCW 43.03.028 and 43.03.040. Salary of governor, amount of: State Constitution Art. 28 § 1; RCW 43.03.010. Sale of unneeded toll facility property, governor to execute deed: RCW 47.56.255. School apportionment demands estimate certified to: RCW 28A.300.170. Secretary of transportation, governor to fix salary of: RCW 47.01.031. Security and protection for governor, lieutenant governor, and governor elect, duty of state patrol to provide: RCW 43.43.035. State building authority member: Chapter 43.75 RCW. State capitol committee member: RCW 43.34.010. State finance committee member: RCW 43.33.010. State parks, disposal of land not needed for park purposes, conveyance instruments executed by: RCW 79A.05.175. State participation within student exchange compact programs—Board to advise governor: RCW 28B.76.650. Succession to governorship: State Constitution Art. 3 § 10. Superior court judge, assignment to another county: State Constitution Art. 4 §§ 5, 7. Supreme executive power vested in: State Constitution Art. 3 § 2. Term of office: State Constitution Art. 3 § 2; RCW 43.01.010. Toll bridge bonds, governor to countersign: RCW 47.56.140. Toll bridges, improvement of existing bridge and construction of new bridge as single project, governor’s powers and duties relating to: Chapter 47.58 RCW. Traffic safety commission and programs, powers, duties and responsibilities of governor: Chapter 43.59 RCW. Unanticipated receipts, governor as state’s agent to receive: RCW 43.79.260. Unemployment compensation, delinquent payments in lieu of contributions of political subdivisions, governor may withhold funds for: RCW 50.24.125. Uniform interstate family support act extradition powers and duties: RCW 26.21A.650. governor defined for purposes of: RCW 26.21A.650. United States senate, filling vacancy in: RCW 29A.28.030. Vacancies in court of appeals: State Constitution Art. 4 § 30; RCW 2.06.080. in legislature, duties: State Constitution Art. 2 § 15. in office filled by: State Constitution Art. 3 § 13. in superior court: State Constitution Art. 4 § 5. in supreme court: State Constitution Art. 4 § 3. Vacancy in office of governor election to fill: State Constitution Art. 3 § 10. succession to: State Constitution Art. 3 § 10. Veto initiatives and referendums, power does not extend to: State Constitution Art. 2 § 1. power of: State Constitution Art. 3 § 12. Voluntary action center, establishment by governor: RCW 43.150.040. [Title 43 RCW—page 26] Washington scholars’ program, participation in: RCW 28A.600.100 through 28A.600.150. Water pollution control, powers and duties pertaining to: RCW 90.48.260, 90.48.262. 43.06.010 General powers and duties. In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections: (1) The governor shall supervise the conduct of all executive and ministerial offices; (2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session; (3) The governor shall make the appointments and supply the vacancies mentioned in this title; (4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States; (5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session; (6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session; (7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of the prosecutor’s duties; (8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony; (9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law; (10) The governor shall issue and transmit election proclamations as prescribed by law; (11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing; (12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation; (13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which 43.06.010 (2010 Ed.) Governor seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides; (14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands. [1994 c 223 § 3; 1993 c 142 § 5; 1992 c 172 § 1; 1991 c 257 § 22; 1982 c 153 § 1; 1979 ex.s. c 53 § 4; 1977 ex.s. c 289 § 15; 1975-’76 2nd ex.s. c 108 § 25; 1969 ex.s. c 186 § 8; 1965 c 8 § 43.06.010. Prior: 1890 p 627 § 1; RRS § 10982.] Rewards by county legislative authorities: Chapter 10.85 RCW. Additional notes found at www.leg.wa.gov 43.06.013 Requests for nonconviction criminal history fingerprint record checks for agency heads. When requested by the governor or the director of the department of personnel, nonconviction criminal history fingerprint record checks shall be conducted through the Washington state patrol identification and criminal history section and the federal bureau of investigation on applicants for agency head positions appointed by the governor. Information received pursuant to this section shall be confidential and made available only to the governor or director of the department of personnel or their employees directly involved in the selection, hiring, or background investigation of the subject of the record check. When necessary, applicants may be employed on a conditional basis pending completion of the criminal history record check. "Agency head" as used in this section has the same definition as provided in RCW 34.05.010. [2006 c 45 § 1.] 43.06.080 decessor, if any. [2009 c 549 § 5013; 1965 c 8 § 43.06.020. Prior: 1921 c 28 § 1; 1890 p 628 § 2; RRS § 10983.] 43.06.030 Appointments to senate for confirmation—Notice. For a gubernatorial appointment to be effective, the governor must transmit to the secretary of the senate notice of the appointment, along with pertinent information regarding the appointee, within fourteen days after making any appointment subject to senate confirmation. [1981 c 338 § 12; 1965 c 8 § 43.06.030. Prior: 1890 p 629 § 3; RRS § 10984.] 43.06.030 43.06.040 Lieutenant governor acts in governor’s absence. If the governor absents himself or herself from the state, he or she shall, prior to his or her departure, notify the lieutenant governor of his or her proposed absence, and during such absence the lieutenant governor shall perform all the duties of the governor. [2009 c 549 § 5014; 1965 c 8 § 43.06.040. Prior: 1890 p 629 § 6; RRS § 10985.] 43.06.040 Duties of lieutenant governor: State Constitution Art. 3 § 16. 43.06.013 43.06.015 Interstate oil compact commission—Governor may join. The governor is authorized, on behalf of the state of Washington, to join the interstate oil compact commission as an associate member and to become an active member thereof if and when oil and gas are produced in Washington in commercial quantities and to attend meetings and participate in the activities carried on by said commission either in person or by a duly authorized representative. [1965 c 8 § 43.06.015. Prior: 1953 c 47 § 1.] 43.06.015 Interstate compact to conserve oil and gas: 65 Stat. 199 (P. L. 128, ch. 350) Aug. 28, 1951. Associate membership authorized by Art. 9 § 2 of the commission’s bylaws. 43.06.020 Records to be kept. The governor must cause to be kept the following records: First, a register of all pardons, commutations, executive paroles, final discharges, and restorations of citizenship made by him or her; Second, an account of all his or her disbursements of state moneys, and of all rewards offered by him or her for the apprehension of criminals and persons charged with crime; Third, a register of all appointments made by him or her with date of commission, name of appointee and name of pre43.06.020 (2010 Ed.) 43.06.050 Powers and duties of acting governor. Every provision of law in relation to the powers and duties of the governor, and in relation to acts and duties to be performed by others towards him or her, extends to the person performing for the time being the duties of governor. [2009 c 549 § 5015; 1965 c 8 § 43.06.050. Prior: 1890 p 629 § 4; RRS § 10986.] 43.06.050 43.06.055 Governor-elect—Appropriation to provide office and staff. The legislature preceding the gubernatorial election shall make an appropriation which may only be expended by a newly elected governor other than the incumbent for the purpose of providing office and staff for the governor-elect preparatory to his or her assumption of duties as governor. The funds for the appropriation shall be made available to him or her not later than thirty days prior to the date when the legislature will convene. [2009 c 549 § 5016; 1969 ex.s. c 88 § 1.] 43.06.055 43.06.060 Expense of publishing proclamations. When the governor is authorized or required by law to issue a proclamation, payment for publishing it shall be made out of the state treasury. [1965 c 8 § 43.06.060. Prior: 1881 p 45 §§ 1-3; Code 1881 § 2367; RRS § 10988.] 43.06.060 43.06.070 Removal of appointive officers. The governor may remove from office any state officer appointed by him or her not liable to impeachment, for incompetency, misconduct, or malfeasance in office. [2009 c 549 § 5017; 1965 c 8 § 43.06.070. Prior: 1893 c 101 § 1; RRS § 10988.] 43.06.070 43.06.080 Removal of appointive officers—Statement of reasons to be filed. Whenever the governor is satisfied that any officer not liable to impeachment has been guilty of misconduct, or malfeasance in office, or is incompetent, he or she shall file with the secretary of state a statement showing his or her reasons, with his or her order of removal, and the secretary of state shall forthwith send a certified copy of such order of removal and statement of causes by regis43.06.080 [Title 43 RCW—page 27] 43.06.090 Title 43 RCW: State Government—Executive tered mail to the last known post office address of the officer in question. [2009 c 549 § 5018; 1965 c 8 § 43.06.080. Prior: 1893 c 101 § 2; RRS § 10989.] 43.06.090 43.06.090 Removal of appointive officers—Filling of vacancy. At the time of making any removal from office, the governor shall appoint some proper person to fill the office, who shall forthwith demand and receive from the officer removed the papers, records, and property of the state pertaining to the office, and shall perform the duties of the office and receive the compensation thereof until his or her successor is appointed. [2009 c 549 § 5019; 1965 c 8 § 43.06.090. Prior: 1893 c 101 § 3; RRS § 10990.] 43.06.092 43.06.092 Gubernatorial appointees—Continuation of service—Appointments to fill vacancies. (1) Any gubernatorial appointee subject to senate confirmation shall continue to serve unless rejected by a vote of the senate. An appointee who is rejected by a vote of the senate shall not be reappointed to the same position for a period of one year from termination of service. (2) Any person appointed by the governor to fill the unexpired term of an appointment subject to senate confirmation must also be confirmed by the senate. [1981 c 338 § 2.] 43.06.094 43.06.094 Gubernatorial appointees—Removal prior to confirmation. Gubernatorial appointees subject to senate confirmation, other than those who serve at the governor’s pleasure, may not be removed from office without cause by the governor prior to confirmation except upon consent of the senate as provided for by the rules of the senate. [1981 c 338 § 1.] 43.06.110 43.06.110 Economic opportunity act programs— State participation—Authority of governor. The governor, or his or her designee, is hereby authorized and empowered to undertake such programs as will, in the judgment of the governor, or his or her designee, enable families and individuals of all ages, in rural and urban areas, in need of the skills, knowledge, motivations, and opportunities to become economically self-sufficient to obtain and secure such skills, knowledge, motivations, and opportunities. Such programs may be engaged in as solely state operations, or in conjunction or cooperation with any appropriate agency of the federal government, any branch or agency of the government of this state, any city or town, county, municipal corporation, metropolitan municipal corporation or other political subdivision of the state, or any private corporation. Where compliance with the provisions of federal law or rules or regulations promulgated thereunder is a necessary condition to the receipt of federal funds by the state, the governor or his or her designee, is hereby authorized to comply with such laws, rules or regulations to the extent necessary for the state to cooperate most fully with the federal government in furtherance of the programs herein authorized. [2009 c 549 § 5020; 1971 ex.s. c 177 § 2; 1965 c 14 § 2.] 43.06.115 Militarily impacted area—Declaration by governor. (1) The governor may, by executive order, after consultation with or notification of the executive-legislative committee on economic development created by *chapter . . . (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities. (2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The **department of community, trade, and economic development; (b) the department of social and health services; (c) the employment security department; (d) the state board for community and technical colleges; (e) the higher education coordinating board; and (f) the department of transportation. The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted. [1998 c 245 § 47; 1996 c 186 § 505; 1995 c 399 § 61; 1993 c 421 § 2.] 43.06.115 Reviser’s note: *(1) Senate Bill No. 5300 was vetoed by the governor. **(2) The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. Finding—Intent—1993 c 421: "The legislature finds that military base expansions, closures, and defense procurement contract cancellations may have extreme economic impacts on communities and firms. The legislature began to address this concern in 1990 by establishing the community diversification program in the department of community development. While this program has helped military dependent communities begin the long road to diversification, base expansions or closures or major procurement contract reductions in the near future will find these communities unable to respond adequately, endangering the health, safety, and welfare of the community. The legislature intends to target emergency state assistance to military dependent communities significantly impacted by defense spending. The emergency state assistance and the long-term strategy should be driven by the impacted community and consistent with the state plan for diversification required under RCW 43.63A.450(4)." [1993 c 421 § 1.] 43.06.120 Federal funds and programs—Acceptance of funds by governor authorized—Administration and disbursement. The governor is authorized to accept on behalf of the state of Washington funds provided by any act of congress for the benefit of the state or its political subdivisions. He or she is further authorized to administer and disburse such funds, or to designate an agency to administer and disburse them, until the legislature otherwise directs. [2009 c 549 § 5021; 1967 ex.s. c 41 § 1.] 43.06.120 43.06.130 Federal funds and programs—Payment of travel expenses of committees, councils, or other bodies. 43.06.130 County participation in Economic Opportunity Act programs: RCW 36.32.410. [Title 43 RCW—page 28] (2010 Ed.) Governor Members of advisory committees, councils, or other bodies established to meet requirements of acts of congress may be paid travel expenses incurred pursuant to RCW 43.03.050 and 43.03.060 as now existing or hereafter amended from such funds as may be available by legislative appropriation or as may otherwise be available as provided by law. [1975-’76 2nd ex.s. c 34 § 97; 1973 2nd ex.s. c 17 § 1; 1967 ex.s. c 41 § 2.] Additional notes found at www.leg.wa.gov 43.06.150 Federal funds and programs—Participating agencies to notify director of financial management, joint legislative audit and review committee and legislative council—Progress reports. See RCW 43.88.205. 43.06.150 43.06.155 Health care reform deliberations—Principles—Policies. (1) The following principles shall provide guidance to the state of Washington in its health care reform deliberations: (a) Guarantee choice. Provide the people of Washington state with a choice of health plans and physicians, including health plans offered through the private insurance market and public programs, for those who meet eligibility standards. People will be allowed to keep their own doctor and their employer-based health plan. (b) Make health coverage affordable. Reduce waste and fraud, high administrative costs, unnecessary tests and services, and other inefficiencies that drive up costs with no added health benefits. (c) Protect families’ financial health. Reduce the growing premiums and other costs that the people of Washington state pay for health care. People must be protected from bankruptcy due to catastrophic illness. (d) Invest in prevention and wellness. Invest in public health measures proven to reduce cost drivers in our system, such as obesity, sedentary lifestyles, and smoking, as well as guarantee access to proven preventive treatments. (e) Provide portability of coverage. People should not be locked into their job just to secure health coverage, and no American should be denied coverage because of preexisting conditions. (f) Aim for universality. Building on the work of the blue ribbon commission and other state health care reform initiatives and recognizing the current economic climate, the state will partner with national health care reform efforts toward a goal of enabling all Washingtonians to have access to affordable, effective health care by 2014 as economic conditions and national reforms indicate. (g) Improve patient safety and quality care. Ensure the implementation of proven patient safety measures and provide incentives for changes in the delivery system to reduce unnecessary variability in patient care. Support the widespread use of health information technology with rigorous privacy protections and the development of data on the effectiveness of medical interventions to improve the quality of care delivered. (h) Maintain long-term fiscal sustainability. Any reform plan must pay for itself by reducing the level of cost growth, improving productivity, dedicating additional sources of revenue, and defining the appropriate role of the private and 43.06.155 (2010 Ed.) 43.06.155 public sectors in financing health care coverage in Washington state. (2) Over the past twenty years, both the private and public health care sectors in the state of Washington have implemented policies that are consistent with the principles in subsection (1) of this section. Most recently, the governor’s blue ribbon commission on health reform agreed to recommendations that are highly consistent with those principles. Current policies in Washington state in accord with those principles include: (a) With respect to aiming for universality and access to a choice of affordable health care plans and health care providers: (i) The Washington basic health plan offers affordable health coverage to low-income families and individuals in Washington state through a choice of private managed health care plans and health care providers; (ii) Apple health for kids will achieve its dual goals that every child in Washington state have health care coverage by 2010 and that the health status of children in Washington state be improved. Only four percent of children in Washington state lack health insurance, due largely to efforts to expand coverage that began in 1993; (iii) Through the health insurance partnership program, Washington state has designed the infrastructure for a health insurance exchange for small employers that would give employers and employees a choice of private health benefit plans and health care providers, offer portability of coverage and provide a mechanism to offer premium subsidies to lowwage employees of these employers; (iv) Purchasers, insurance carriers, and health care providers are working together to significantly reduce health care administrative costs. These efforts have already produced efficiencies, and will continue through the activities provided in *Second Substitute Senate Bill No. 5346, if enacted by the 2009 legislature; and (v) Over one hundred thousand Washingtonians have enrolled in the state’s discount prescription drug card program, saving consumers over six million dollars in prescription drug costs since February 2007, with an average discount of twenty-two dollars or forty-three percent of the price of each prescription filled. (b) With respect to improving patient safety and quality of care and investing in prevention and wellness, the public and private health care sectors are engaged in numerous nationally recognized efforts: (i) The Puget Sound health alliance is a national leader in identifying evidence-based health care practices, and reporting to the public on health care provider performance with respect to these practices. Many of these practices address disease prevention and management of chronic illness; (ii) The Washington state health technology assessment program and prescription drug program use medical evidence and independent clinical advisors to guide the purchasing of clinically and cost-effective health care services by state-purchased health care programs; (iii) Washington state’s health record bank pilot projects are testing a new model of patient controlled electronic health records in three geographic regions of the state. The state has also provided grants to a number of small provider practices to help them implement electronic health records; [Title 43 RCW—page 29] 43.06.200 Title 43 RCW: State Government—Executive (iv) Efforts are underway to ensure that the people of Washington state have a medical home, with primary care providers able to understand their needs, meet their care needs effectively, better manage their chronic illnesses, and coordinate their care across the health care system. These efforts include group health cooperative of Puget Sound’s medical home projects, care collaboratives sponsored by the state department of health, state agency chronic care management pilot projects, development of apple health for kids health improvement measures as indicators of children having a medical home, and implementation of medical home reimbursement pilot projects under **Substitute Senate Bill No. 5891, if enacted by the 2009 legislature; and (v) Health care providers, purchasers, the state, and private quality improvement organizations are partnering to undertake numerous patient safety efforts, including hospital and ambulatory surgery center adverse events reporting, with root cause analysis to identify actions to be undertaken to prevent further adverse events; reporting of hospital acquired infections and undertaking efforts to reduce the rate of these infections; developing a surgical care outcomes assessment program that includes a presurgery checklist to reduce medical errors; and developing a patient decision aid pilot to more fully inform patients of the risks and benefits of treatment alternatives, decrease unnecessary procedures and variation in care, and provide increased legal protection to physicians whose patients use a patient decision aid to provide informed consent. [2009 c 545 § 2.] Reviser’s note: *(1) Second Substitute Senate Bill No. 5346 became chapter 298, Laws of 2009. **(2) Substitute Senate Bill No. 5891 became chapter 305, Laws of 2009. Findings—2009 c 545: "The legislature finds that the principles for health care reform articulated by the president of the United States in his proposed federal fiscal year 2010 budget to the congress of the United States provide an opportunity for the state of Washington to be both a partner with, and a model for, the federal government in its health care reform efforts. The legislature further finds that the recommendations of the 2007 blue ribbon commission on health care costs and access are consistent with these principles." [2009 c 545 § 1.] 43.06.200 Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in RCW 43.06.010, and 43.06.200 through 43.06.270 each as now or hereafter amended shall have the following meaning: "State of emergency" means an emergency proclaimed as such by the governor pursuant to RCW 43.06.010 as now or hereafter amended. "Governor" means the governor of this state or, in case of his or her removal, death, resignation or inability to discharge the powers and duties of his or her office, then the person who may exercise the powers of governor pursuant to the Constitution and laws of this state relating to succession in office. "Criminal offense" means any prohibited act for which any criminal penalty is imposed by law and includes any misdemeanor, gross misdemeanor, or felony. [2009 c 549 § 5022; 1977 ex.s. c 328 § 11; 1975-’76 2nd ex.s. c 108 § 26; 1969 ex.s. c 186 § 1.] 43.06.200 Energy supply emergencies: Chapter 43.21G RCW. Additional notes found at www.leg.wa.gov [Title 43 RCW—page 30] 43.06.210 Proclamations—Generally—State of emergency. The proclamation of a state of emergency and other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended shall be in writing and shall be signed by the governor and shall then be filed with the secretary of state. The governor shall give as much public notice as practical through the news media of the issuance of proclamations or orders pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended. The state of emergency shall cease to exist upon the issuance of a proclamation of the governor declaring its termination: PROVIDED, That the governor must terminate said state of emergency proclamation when order has been restored in the area affected. [1977 ex.s. c 328 § 12; 1975-’76 2nd ex.s. c 108 § 27; 1969 ex.s. c 186 § 2.] 43.06.210 Energy supply emergencies: Chapter 43.21G RCW. Additional notes found at www.leg.wa.gov 43.06.220 State of emergency—Powers of governor pursuant to proclamation. (1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting: (a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew; (b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private; (c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion; (d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use; (e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person’s place of residence or business; (f) The sale, purchase or dispensing of alcoholic beverages; (g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace; (h) The use of certain streets, highways or public ways by the public; and (i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace. (2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in any or all of the following areas as further specified and limited by chapter 181, Laws of 2008: 43.06.220 (2010 Ed.) Governor (a) Liability for participation in interlocal agreements; (b) Inspection fees owed to the department of labor and industries; (c) Application of the family emergency assistance program; (d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission; (e) Application of tax due dates and penalties relating to collection of taxes; and (f) Permits for industrial, business, or medical uses of alcohol. (3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary. (4) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor. [2008 c 181 § 1; 2003 c 53 § 222; 1969 ex.s. c 186 § 3.] Part headings not law—2008 c 181: "Part headings used in this act are not any part of the law." [2008 c 181 § 701.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 43.06.230 State of emergency—Destroying or damaging property or causing personal injury—Penalty. After the proclamation of a state of emergency as provided in RCW 43.06.010, any person who maliciously destroys or damages any real or personal property or maliciously injures another is guilty of a class B felony and upon conviction thereof shall be imprisoned in a state correctional facility for not less than two years nor more than ten years. [2003 c 53 § 223; 1992 c 7 § 39; 1969 ex.s. c 186 § 4.] 43.06.335 one thousand dollars or by both fine and imprisonment. [1969 ex.s. c 186 § 5.] 43.06.250 State of emergency—Refusing to leave public way or property when ordered—Penalty. Any person upon any public way or any public property, within the area described in the state of emergency, who is directed by a public official to leave the public way or public property and refuses to do so shall be guilty of a misdemeanor. [1969 ex.s. c 186 § 6.] 43.06.250 43.06.260 State of emergency—Prosecution of persons sixteen years or over as adults. After the proclamation of a state of emergency as provided in RCW 43.06.010 any person sixteen years of age or over who violates any provision of RCW 43.06.010, and 43.06.200 through 43.06.270 shall be prosecuted as an adult. [1969 ex.s. c 186 § 7.] 43.06.260 43.06.270 State of emergency—State militia or state patrol—Use in restoring order. The governor may in his or her discretion order the state militia pursuant to chapter 38.08 RCW or the state patrol to assist local officials to restore order in the area described in the proclamation of a state of emergency. [2009 c 549 § 5023; 1969 ex.s. c 186 § 9.] 43.06.270 43.06.230 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 43.06.240 State of emergency—Disorderly conduct after emergency proclaimed—Penalty. After the proclamation of a state of emergency pursuant to RCW 43.06.010, every person who: (1) Wilfully causes public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, by: (a) engaging in fighting or in violent, tumultuous, or threatening behavior; or (b) making an unreasonable noise or an offensively coarse utterance, gesture, or display, or addressing abusive language to any person present; or (c) dispersing any lawful procession or meeting of persons, not being a peace officer of this state and without lawful authority; or (d) creating a hazardous or physically offensive condition which serves no legitimate purpose; or (2) Engages with at least one other person in a course of conduct as defined in subsection (1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer shall be guilty of disorderly conduct and be punished by imprisonment in the county jail for not more than one year or fined not more than 43.06.240 (2010 Ed.) 43.06.335 Washington quality award council—Organization—Duties. (1) The Washington quality award council shall be organized as a private, nonprofit corporation, in accordance with chapter 24.03 RCW and this section. (2) The council shall oversee the governor’s Washington state quality award program. The purpose of the program is to improve the overall competitiveness of the state’s economy by stimulating Washington state industries, business, and organizations to bring about measurable success through setting standards of organizational excellence, encouraging organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state’s economy. The governor shall annually present the award to organizations that improve the quality of their products and services and are noteworthy examples of high-performing work organizations, as determined by the council in consultation with the governor or appointed representative. (3) The governor shall appoint a representative to serve on the board of directors of the council. (4) The council shall establish a board of examiners, a recognition committee, and such other committees or subgroups as it deems appropriate to carry out its responsibilities. (5) The council may conduct such public information, research, education, and assistance programs as it deems appropriate to further quality improvement in organizations operating in the state of Washington. (6) The council shall: (a) Approve and announce award recipients; (b) Approve guidelines to examine applicant organizations; (c) Approve appointment of board of examiners; and 43.06.335 [Title 43 RCW—page 31] 43.06.350 Title 43 RCW: State Government—Executive (d) Arrange appropriate annual awards and recognition for recipients. [2004 c 245 § 1; 2000 c 216 § 1; 1998 c 245 § 86; 1997 c 329 § 1; 1994 c 306 § 1. Formerly RCW 43.07.290, 43.330.140.] 43.06.350 43.06.350 Foreign nationals or citizens, convicted offenders—Transfers and sentences. Whenever any convicted offender, who is a citizen or national of a foreign country and is under the jurisdiction of the department of corrections, requests transfer to the foreign country of which he or she is a citizen or national, under a treaty on the transfer of offenders entered into between the United States and a foreign country, the governor or the governor’s designee: (1) May grant the approval of the state to such transfer as provided in the treaty; and (2) Shall have, notwithstanding any provision of chapter 9.95 or 72.68 RCW, the plenary authority to fix the duration of the offender’s sentence, if not otherwise fixed, whenever a fixed sentence is a condition precedent to transfer. [1983 c 255 § 9.] Additional notes found at www.leg.wa.gov The department of revenue shall prepare the listing required by this section with the assistance of any other agencies or departments as may be required. The department of revenue shall present the listing to the ways and means committees of each house in public hearings. Beginning in January 1984, and every four years thereafter the governor is requested to review the report from the department of revenue and may submit recommendations to the legislature with respect to the repeal or modification of any tax exemption. The ways and means committees of each house and the appropriate standing committee of each house shall hold public hearings and take appropriate action on the recommendations submitted by the governor. As used in this section, "tax exemption" means an exemption, exclusion, or deduction from the base of a tax; a credit against a tax; a deferral of a tax; or a preferential tax rate. [1999 c 372 § 5; 1987 c 472 § 16; 1983 2nd ex.s. c 3 § 60.] Review and termination of tax preferences: Chapter 43.136 RCW. Additional notes found at www.leg.wa.gov 43.06.410 State internship program—Governor’s duties. There is established within the office of the governor the Washington state internship program to assist students and state employees in gaining valuable experience and knowledge in various areas of state government. In administering the program, the governor shall: (1) Consult with the secretary of state, the director of personnel, the commissioner of the employment security department, and representatives of labor; (2) Encourage and assist agencies in developing intern positions; (3) Develop and coordinate a selection process for placing individuals in intern positions. This selection process shall give due regard to the responsibilities of the state to provide equal employment opportunities; (4) Develop and coordinate a training component of the internship program which balances the need for training and exposure to new ideas with the intern’s and agency’s need for on-the-job work experience; (5) Work with institutions of higher education in developing the program, soliciting qualified applicants, and selecting participants; and (6) Develop guidelines for compensation of the participants. [1993 c 281 § 47; 1985 c 442 § 1.] 43.06.410 43.06.400 43.06.400 Listing of reduction in revenues from tax exemptions to be submitted to legislature by department of revenue—Periodic review and submission of recommendations to legislature by governor. Beginning in January 1984, and in January of every fourth year thereafter, the department of revenue shall submit to the legislature prior to the regular session a listing of the amount of reduction for the current and next biennium in the revenues of the state or the revenues of local government collected by the state as a result of tax exemptions. The listing shall include an estimate of the revenue lost from the tax exemption, the purpose of the tax exemption, the persons, organizations, or parts of the population which benefit from the tax exemption, and whether or not the tax exemption conflicts with another state program. The listing shall include but not be limited to the following revenue sources: (1) Real and personal property tax exemptions under Title 84 RCW; (2) Business and occupation tax exemptions, deductions, and credits under chapter 82.04 RCW; (3) Retail sales and use tax exemptions under chapters 82.08, 82.12, and 82.14 RCW; (4) Public utility tax exemptions and deductions under chapter 82.16 RCW; (5) Food fish and shellfish tax exemptions under chapter 82.27 RCW; (6) Leasehold excise tax exemptions under chapter 82.29A RCW; (7) Motor vehicle and special fuel tax exemptions and refunds under chapters 82.36 and 82.38 RCW; (8) Aircraft fuel tax exemptions under chapter 82.42 RCW; (9) Motor vehicle excise tax exclusions under chapter 82.44 RCW; and (10) Insurance premiums tax exemptions under chapter 48.14 RCW. [Title 43 RCW—page 32] Additional notes found at www.leg.wa.gov 43.06.415 State internship program coordinator— Rules. (1) The governor may appoint a coordinator to assist in administering the program created by RCW 43.06.410. (2) The governor shall adopt such rules as are necessary to administer RCW 43.06.410. [1985 c 442 § 2.] 43.06.415 Additional notes found at www.leg.wa.gov 43.06.420 Undergraduate internship program— Executive fellows program. The state internship program shall consist of two individual internship programs as follows: 43.06.420 (2010 Ed.) Governor (1) An undergraduate internship program consisting of three-month to six-month positions for students working toward an undergraduate degree. In addition, a public sector employee, whether working toward a degree or not, shall be eligible to participate in the program upon the written recommendation of the head of the employee’s agency. (2) An executive fellows program consisting of one-year to two-year placements for students who have successfully completed at least one year of graduate level work and have demonstrated a substantial interest in public sector management. Positions in this program shall be as assistants or analysts at the midmanagement level or higher. In addition, a public sector employee, whether working toward an advanced degree or not, or who has not successfully completed one year of graduate-level work as required by this subsection, shall be eligible to participate in the program upon the written recommendation of the head of the employee’s agency. Participants in the executive fellows program who were not public employees prior to accepting a position in the program shall receive insurance and retirement credit commensurate with other employees of the employing agency. [1985 c 442 § 3.] Additional notes found at www.leg.wa.gov 43.06.425 Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and vacation leave. The director of personnel shall adopt rules to provide that: (1) Successful completion of an internship under RCW 43.06.420 shall be considered as employment experience at the level at which the intern was placed; (2) Persons leaving classified or exempt positions in state government in order to take an internship under RCW 43.06.420: (a) Have the right of reversion to the previous position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all fringe benefits as if they had never left their classified or exempt positions; (3) Participants in the undergraduate internship program who were not public employees prior to accepting a position in the program receive sick leave allowances commensurate with other state employees; (4) Participants in the executive fellows program who were not public employees prior to accepting a position in the program receive sick and vacation leave allowances commensurate with other state employees. [2002 c 354 § 229; 1993 c 281 § 48; 1985 c 442 § 4.] 43.06.425 Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910. State internship program—Positions exempt from chapter 41.06 RCW: RCW 41.06.088. Additional notes found at www.leg.wa.gov 43.06.435 Interns—Effect on full time equivalent staff position limitations. An agency shall not be deemed to exceed any limitation on full time equivalent staff positions on the basis of intern positions established under RCW 43.06.420. [1985 c 442 § 6.] 43.06.435 Additional notes found at www.leg.wa.gov (2010 Ed.) 43.06.455 43.06.450 Cigarette tax contracts—Intent—Finding—Limitations. The legislature intends to further the government-to-government relationship between the state of Washington and Indians in the state of Washington by authorizing the governor to enter into contracts concerning the sale of cigarettes. The legislature finds that these cigarette tax contracts will provide a means to promote economic development, provide needed revenues for tribal governments and Indian persons, and enhance enforcement of the state’s cigarette tax law, ultimately saving the state money and reducing conflict. In addition, it is the intent of the legislature that the negotiations and the ensuing contracts shall have no impact on the state’s share of the proceeds under the master settlement agreement entered into on November 23, 1998, by the state. Chapter 235, Laws of 2001 does not constitute a grant of taxing authority to any Indian tribe nor does it provide precedent for the taxation of non-Indians on fee land. [2001 c 235 § 1.] 43.06.450 43.06.455 Cigarette tax contracts—Requirements— Use of revenue—Enforcement—Definitions. (1) The governor may enter into cigarette tax contracts concerning the sale of cigarettes. All cigarette tax contracts shall meet the requirements for cigarette tax contracts under this section. Except for cigarette tax contracts under RCW 43.06.460, the rates, revenue sharing, and exemption terms of a cigarette tax contract are not effective unless authorized in a bill enacted by the legislature. (2) Cigarette tax contracts shall be in regard to retail sales in which Indian retailers make delivery and physical transfer of possession of the cigarettes from the seller to the buyer within Indian country, and are not in regard to transactions by non-Indian retailers. In addition, contracts shall provide that retailers shall not sell or give, or permit to be sold or given, cigarettes to any person under the age of eighteen years. (3) A cigarette tax contract with a tribe shall provide for a tribal cigarette tax in lieu of all state cigarette taxes and state and local sales and use taxes on sales of cigarettes in Indian country by Indian retailers. The tribe may allow an exemption for sales to tribal members. (4) Cigarette tax contracts shall provide that all cigarettes possessed or sold by a retailer shall bear a cigarette stamp obtained by wholesalers from a bank or other suitable stamp vendor and applied to the cigarettes. The procedures to be used by the tribe in obtaining tax stamps must include a means to assure that the tribal tax will be paid by the wholesaler obtaining such cigarettes. Tribal stamps must have serial numbers or some other discrete identification so that each stamp can be traced to its source. (5) Cigarette tax contracts shall provide that retailers shall purchase cigarettes only from: (a) Wholesalers or manufacturers licensed to do business in the state of Washington; (b) Out-of-state wholesalers or manufacturers who, although not licensed to do business in the state of Washington, agree to comply with the terms of the cigarette tax contract, are certified to the state as having so agreed, and who do in fact so comply. However, the state may in its sole discretion exercise its administrative and enforcement powers over 43.06.455 [Title 43 RCW—page 33] 43.06.460 Title 43 RCW: State Government—Executive such wholesalers or manufacturers to the extent permitted by law; (c) A tribal wholesaler that purchases only from a wholesaler or manufacturer described in (a), (b), or (d) of this subsection; and (d) A tribal manufacturer. (6) Cigarette tax contracts shall be for renewable periods of no more than eight years. A renewal may not include a renewal of the phase-in period. (7) Cigarette tax contracts shall include provisions for compliance, such as transport and notice requirements, inspection procedures, stamping requirements, recordkeeping, and audit requirements. (8) Tax revenue retained by a tribe must be used for essential government services. Use of tax revenue for subsidization of cigarette and food retailers is prohibited. (9) The cigarette tax contract may include provisions to resolve disputes using a nonjudicial process, such as mediation. (10) The governor may delegate the power to negotiate cigarette tax contracts to the department of revenue. The department of revenue shall consult with the liquor control board during the negotiations. (11) Information received by the state or open to state review under the terms of a contract is subject to the provisions of RCW 82.32.330. (12) It is the intent of the legislature that the liquor control board and the department of revenue continue the division of duties and shared authority under chapter 82.24 RCW and therefore the liquor control board is responsible for enforcement activities that come under the terms of chapter 82.24 RCW. (13) Each cigarette tax contract shall include a procedure for notifying the other party that a violation has occurred, a procedure for establishing whether a violation has in fact occurred, an opportunity to correct such violation, and a provision providing for termination of the contract should the violation fail to be resolved through this process, such termination subject to mediation should the terms of the contract so allow. A contract shall provide for termination of the contract if resolution of a dispute does not occur within twentyfour months from the time notification of a violation has occurred. Intervening violations do not extend this time period. In addition, the contract shall include provisions delineating the respective roles and responsibilities of the tribe, the department of revenue, and the liquor control board. (14) For purposes of this section and RCW 43.06.460, 82.08.0316, 82.12.0316, and 82.24.295: (a) "Essential government services" means services such as tribal administration, public facilities, fire, police, public health, education, job services, sewer, water, environmental and land use, transportation, utility services, and economic development; (b) "Indian retailer" or "retailer" means (i) a retailer wholly owned and operated by an Indian tribe, (ii) a business wholly owned and operated by a tribal member and licensed by the tribe, or (iii) a business owned and operated by the Indian person or persons in whose name the land is held in trust; and [Title 43 RCW—page 34] (c) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington. [2001 c 235 § 2.] 43.06.460 Cigarette tax contracts—Eligible tribes— Tax rate. (1) The governor is authorized to enter into cigarette tax contracts with the Squaxin Island Tribe, the Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian Tribe, the Quinault Nation, the Jamestown S’Klallam Indian Tribe, the Port Gamble S’Klallam Tribe, the Stillaguamish Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe, the Yakama Nation, the Suquamish Tribe, the Nooksack Indian Tribe, the Lummi Nation, the Chehalis Confederated Tribes, the Upper Skagit Tribe, the Snoqualmie Tribe, the Swinomish Tribe, the Samish Indian Nation, the Quileute Tribe, the Kalispel Tribe, the Confederated Tribes of the Colville Reservation, the Cowlitz Indian Tribe, the Lower Elwha Klallam Tribe, the Makah Tribe, the Hoh Tribe, the Spokane Tribe, and the Shoalwater Bay Tribe. Each contract adopted under this section shall provide that the tribal cigarette tax rate be one hundred percent of the state cigarette and state and local sales and use taxes within three years of enacting the tribal tax and shall be set no lower than eighty percent of the state cigarette and state and local sales and use taxes during the three-year phase-in period. The three-year phasein period shall be shortened by three months each quarter the number of cartons of nontribal manufactured cigarettes is at least ten percent or more than the quarterly average number of cartons of nontribal manufactured cigarettes from the sixmonth period preceding the imposition of the tribal tax under the contract. Sales at a retailer operation not in existence as of the date a tribal tax under this section is imposed are subject to the full rate of the tribal tax under the contract. The tribal cigarette tax is in lieu of the state cigarette and state and local sales and use taxes, as provided in RCW 43.06.455(3). (2) A cigarette tax contract under this section is subject to RCW 43.06.455. [2008 c 241 § 1; 2007 c 320 § 1; 2005 c 208 § 1; 2003 c 236 § 1; 2002 c 87 § 1; 2001 2nd sp.s. c 21 § 1; 2001 c 235 § 3.] 43.06.460 Effective date—2007 c 320: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [2007 c 320 § 2.] 43.06.465 Cigarette tax agreement with Puyallup Tribe of Indians. (1) The governor may enter into a cigarette tax agreement with the Puyallup Tribe of Indians concerning the sale of cigarettes, subject to the limitations in this section. The legislature intends to address the uniqueness of the Puyallup Indian reservation and its selling environment through pricing and compliance strategies, rather than through the imposition of equivalent taxes. It is the legislature’s intent (a) that an increase in prices through a flat tax will reduce much of the competitive advantage that has historically existed due to the discrepancy in the difference between state and tribal taxes, and (b) that the tribal retailers can remain in business under the changed circumstances. The governor may delegate the authority to negotiate a cigarette tax agreement with the Puyallup Tribe to the department of revenue. The department of revenue shall consult with the liquor control board during the negotiations. 43.06.465 (2010 Ed.) Governor (2) Any agreement must require the tribe to impose a tax of eleven dollars and seventy-five cents on each carton of cigarettes, with ten packs a carton and twenty cigarettes per pack being the industry standard. This tax shall be prorated for cartons and packs that are nonstandard. This tribal tax is in lieu of the combined state and local sales and use taxes, and state cigarette taxes, and as such these state taxes are not imposed during the term of the agreement on any transaction governed by the agreement. The tribal tax shall increase or decrease by the same dollar amount as any increase or decrease in the state cigarette tax. (3) The agreement must include a provision requiring the tribe to transmit thirty percent of the tribal tax revenue on all cigarette sales to the state. The funds shall be transmitted to the state treasurer on a quarterly basis for deposit by the state treasurer into the general fund. The remaining tribal tax revenue must be used for essential government services, as that term is defined in RCW 43.06.455. (4) The agreement is limited to retail sales in which Indian retailers make delivery and physical transfer of possession of the cigarettes from the seller to the buyer within Indian country, and are not in regard to transactions by nonIndian retailers. In addition, agreements shall provide that retailers shall not sell or give, or permit to be sold or given, cigarettes to any person under the age of eighteen years. (5)(a) The agreement must include a provision to price and sell the cigarettes so that the retail selling price is not less than the price paid by the retailer for the cigarettes. (b) The tribal tax is in addition to the retail selling price. (c) The agreement must include a provision to assure the price paid to the retailer includes the tribal tax, as evidenced by the tribe’s cigarette stamp. (d) If the tribe is acting as a wholesaler to tribal retailers, the retail selling price must not be less than the price the tribe paid for such cigarettes plus the tribal tax, as evidenced by the tribe’s cigarette stamp. (6)(a) The agreement must include provisions regarding enforcement and compliance by the tribe in regard to enrolled tribal members who sell cigarettes and shall describe the individual and joint responsibilities of the tribe, the department of revenue, and the liquor control board. (b) The agreement must include provisions for tax administration and compliance, such as transport and notice requirements, inspection procedures, stamping requirements, recordkeeping, and audit requirements. (c) The agreement must include provisions for sharing of information among the tribe, the department of revenue, and the liquor control board. (7) The agreement must provide that all cigarettes possessed or sold by a tribal retailer shall bear a tribal cigarette stamp obtained by wholesalers from a bank or other suitable stamp vendor and applied to the cigarettes. Tribal stamps must have serial numbers or some other discrete identification so that each stamp can be traced to its source. (8) The agreement must provide that retailers shall purchase cigarettes only from wholesalers or manufacturers licensed to do business in the state of Washington. (9) The agreement must be for a renewable period of no more than eight years. (10) The agreement must include provisions to resolve disputes using a nonjudicial process, such as mediation, and (2010 Ed.) 43.06.465 shall include a dispute resolution protocol. The protocol shall include a procedure for notifying the other party that a violation has occurred, a procedure for establishing whether a violation has in fact occurred, an opportunity to correct such violation, and a provision providing for termination of the agreement should the violation fail to be resolved through this process, such termination subject to mediation should the terms of the agreement so allow. An agreement must provide for termination of the agreement if resolution of a dispute does not occur within twenty-four months from the time notification of a violation has occurred. Intervening violations do not extend this time period. (11) The agreement may not include any provisions that impact the state’s share of the master settlement agreement, and as such this agreement does not authorize negotiation regarding a redistribution of the state’s proceeds under the master settlement agreement. (12) Information received by the state or open to state review under the terms of an agreement is subject to RCW 82.32.330. (13) It is the intent of the legislature that the liquor control board and the department of revenue continue the division of duties and shared authority under chapter 82.24 RCW. (14) For purposes of this section: (a) "Indian country" has the same meaning as in chapter 82.24 RCW. (b) "Indian retailer" or "retailer" means (i) a retailer wholly owned and operated by an Indian tribe or (ii) a business wholly owned and operated by an enrolled tribal member and licensed by the tribe. (c) "Indian tribe" or "tribe" means the Puyallup Tribe of Indians, which is a federally recognized Indian tribe located within the geographical boundaries of the state of Washington. [2005 c 11 § 2.] Findings—Intent—2005 c 11: "In 2001, the legislature enacted Engrossed Substitute Senate Bill No. 5372, which authorized the governor to enter into cigarette contracts with fourteen Indian tribes. In subsequent sessions, the legislature increased to twenty-one the number of tribes with whom the governor may negotiate under the terms of RCW 43.06.460. The legislature finds that this effort has been effective, as measured by the success of the existing agreements. The legislature further finds the agreements resolved decades of conflict between the state and tribes over the sale of contraband cigarettes to non-Indians; benefited the tribes through tribal tax revenues; benefited the state because cigarettes are stamped and taxed; enhanced public health because access to low-priced cigarettes is reduced; improved law and order; and reduced the competitive advantage gained through the sale of tax-free cigarettes. The 2001 legislation and its later amendments did not encompass the Puyallup Tribe of Indians within its scope due to the very different nature of the cigarette trade on the Puyallup Indian reservation. The legislature therefore intends to address the special circumstances on the Puyallup Indian reservation by recognizing the substantial distinctions and enacting legislation authorizing a cigarette tax agreement with the tribe that differs from the contracts entered into under RCW 43.06.460. Section 2 of this act provides the governor authority to enter into an agreement and sets forth the general framework for the agreement." [2005 c 11 § 1.] Explanatory statement—Effective date—2005 c 11: "(1) On January 5, 2005, it was announced that a cigarette tax agreement had been reached between the state of Washington and the Puyallup Indian Tribe. Before being signed by the governor, the legislature must provide authorization to the governor to sign such an agreement. Because the state and the Puyallup Indian Tribe have reached an agreement in principle, time for implementation is of the essence. (2) This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing [Title 43 RCW—page 35] 43.06.466 Title 43 RCW: State Government—Executive public institutions, and takes effect immediately [April 5, 2005]." [2005 c 11 § 6.] 43.06.466 Cigarette tax agreement—Yakama Nation. (1) The legislature finds that entering into a cigarette tax agreement with the Yakama Nation is a positive step and that such an agreement will support a stable and orderly environment on the Yakima Reservation for regulation of cigarette sales. The legislature further finds that the very special circumstances of the Yakama Nation pursuant to the Treaty with the Yakamas of 1855 (12 Stat. 951) support a cigarette tax agreement that reflects those circumstances. The legislature also finds that the provisions of the agreement with the Yakama Nation authorized by chapter 228, Laws of 2008 are reasonably necessary to prevent fraudulent transactions and place a minimal burden on the Yakama Nation, pursuant to the United States supreme court’s decision inWashington v. Confederated Tribes of the Colville Indian Reservation, 447 U.S. 134 (1980). It is the intent of the legislature that the cigarette tax agreement with the Yakama Nation reflects the uniqueness of the Yakama Nation’s Treaty through specific terms that govern pricing of cigarettes, tribal cigarette tax revenue, information sharing, and administration of the agreement. (2) For purposes of this section: (a) "Cigarette" has the same meaning as in chapter 82.24 RCW; and (b) "Tribal retailer" means a cigarette retailer as that term is defined in RCW 82.24.010 that is licensed by and located within the jurisdiction of the Yakama Nation and is wholly owned by the Yakama Nation or any of its enrolled members. (3) The governor may enter into a cigarette tax agreement with the Yakama Nation, a federally recognized Indian tribe located within the geographical boundaries of the state of Washington, concerning the sale of cigarettes, subject to the provisions of this section. The governor may delegate the authority to negotiate the agreement to the department of revenue. (4) The agreement must be for a renewable period of no more than eight years. (5) All cigarettes possessed or sold by tribal retailers must be subject to the agreement, except cigarettes manufactured within the jurisdiction of the Yakama Nation by the Yakama Nation or its enrolled members. (6) The agreement must allow the Yakama Nation to exempt its enrolled members from the tribal cigarette tax imposed under subsection (7) of this section. (a) Sales of cigarettes exempt under this subsection must be subject to the requirements of subsection (9) of this section. (b) The exemption must be provided only at the point of sale and reimbursement provided to the tribal retailer by the Yakama Nation. (7) The agreement must require the Yakama Nation to impose and maintain in effect on the sale of cigarettes by tribal retailers a tax as provided in this subsection. (a) The rate of tax will be expressed in dollars and cents and must be the percentage of tax imposed by the state under chapter 82.24 RCW for the period of the agreement as stated here: (i) Eighty percent during the first six years; 43.06.466 [Title 43 RCW—page 36] (ii) Eighty-four percent during the seventh year; and (iii) Eighty-seven and six-tenths percent during the eighth year. (b) The tax must be imposed on each carton, or portion of a carton, of cigarettes, with ten packs per carton and twenty cigarettes per pack being the industry standard, and prorated for cartons and packs that are not standard. (c) The tax must be in lieu of the combined state and local sales and use taxes, and state cigarette taxes, and, as provided in RCW 82.24.302, 82.08.0316, and 82.12.0316, the taxes imposed by chapters 82.08, 82.12, and 82.24 RCW do not apply during the term of the agreement on any transaction governed by the agreement. (d) Throughout the term of the agreement and any renewal of the agreement, the tax must increase or decrease in correspondence with the state cigarette tax by applying the percentages in (a) of this subsection. (8) The revenue generated by the tax imposed under subsection (7) of this section must be used by the Yakama Nation for essential government services, as that term is defined in RCW 43.06.455. (9) All cigarettes possessed or sold by a tribal retailer must bear a tribal cigarette tax stamp as provided in this subsection. (a) The Yakama Nation may act as its own stamp vendor, subject to meeting reasonable requirements for internal controls. (b) The stamps must have serial numbers or other discrete identification that allow stamps to be traced to their source. (10) The price paid by the tribal retailer to the wholesaler must not be less than the total of the price paid by the Yakama Nation or other wholesaler and the tax imposed under subsection (7) of this section. (11) The retail selling price of cigarettes sold by tribal retailers must not be less than the price paid by them under subsection (10) of this section. (12) Tribal retailers must not sell or give, or permit to be sold or given, cigarettes to any person under the age of eighteen years. (13) The authority and the individual and joint responsibility of the Yakama Nation, the department of revenue, and the liquor control board for administration and enforcement must be specified in the agreement including, but not limited to, requirements regarding transport of cigarettes, keeping of records, reporting, notice, inspection, audit, and mutual exchange of information. (a) Requirements must provide for sharing of information regarding transport of cigarettes in the state of Washington by the Yakama Nation or its enrolled members, reporting of information on sales to customers located outside the jurisdiction of the Yakama Nation, and authority for unannounced inspection by the state of tribal retailers to verify compliance with stamping and pricing provisions. (b) Information received by the state or open to state review under the terms of the agreement is subject to RCW 82.32.330. (14) The agreement must provide for resolution of disputes using a nonjudicial process, such as mediation, and establish a dispute resolution protocol that includes the following elements: (2010 Ed.) Governor (a) A procedure for notifying the other party that a violation has occurred; (b) A procedure for establishing whether a violation has in fact occurred; (c) An opportunity to correct the violation; (d) A procedure for terminating the agreement in the event of a failure to correct the violation, such termination subject to mediation should the terms of the agreement so allow; and (e) Termination of the agreement for cause. (15) The agreement may not include any provisions that impact the state’s share of the master settlement agreement or concern redistribution of the state’s proceeds under the master settlement agreement. (16) The department of revenue may share with the Yakama Nation tax information under RCW 82.32.330 that is necessary for the Yakama Nation’s compliance with the agreement. [2008 c 228 § 1.] Authorization for agreement—2008 c 228: "In December 2007 it was announced that a cigarette tax agreement between the state of Washington and the Yakama Nation had been reached in principle. The legislature must provide authorization to the governor to sign such an agreement. Because the parties have reached an agreement in principle, time for implementation is of the essence." [2008 c 228 § 5.] Effective date—2008 c 228: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2008]." [2008 c 228 § 6.] 43.06.475 Timber harvest excise tax agreements. (1) The governor may enter into timber harvest excise tax agreements concerning the harvest of timber. All timber harvest excise tax agreements must meet the requirements for timber harvest excise tax agreements under this section. The terms of a timber harvest excise tax agreement are not effective unless the agreement is authorized in RCW 43.06.480. (2) Timber harvest excise tax agreements shall be in regard to timber harvests on fee land within the exterior boundaries of the reservation of the Indian tribe and are not in regard to timber harvests on trust land or land owned by the tribe within the exterior boundaries of the reservation. (3) The agreement must provide that the tribal tax shall be credited against the state and county taxes imposed under RCW 84.33.041 and 84.33.051. (4) Tribal ordinances for timber harvest excise taxation, or other authorizing tribal laws, which implement the timber harvest excise tax agreement with the state, must incorporate or contain provisions identical to chapter 84.33 RCW that relate to the tax rates and measures, such as stumpage values. (5) Timber harvest excise tax agreements must be for renewable periods of no more than eight years. (6) Timber harvest excise tax agreements must include provisions for compliance, such as inspection procedures, recordkeeping, and audit requirements. (7) Tax revenue retained by the tribe must be used for essential government services. Use of tax revenue for subsidization of timber harvesters is prohibited. (8) The timber harvest excise tax agreement may include provisions to resolve disputes using a nonjudicial process, such as mediation. 43.06.475 (2010 Ed.) 43.06.480 (9) The governor may delegate the power to negotiate the timber harvest excise tax agreements to the department of revenue. (10) Information received by the state or open to state review under the terms of a timber harvest excise tax agreement is subject to the provisions of RCW 82.32.330. The department of revenue may enter into an information sharing agreement with the tribe to facilitate sharing information to improve tax collection. (11) The timber harvest excise tax agreement must include dispute resolution procedures, contract termination procedures, and provisions delineating the respective roles and responsibilities of the tribe and the department of revenue. (12) The timber harvest excise tax agreement must include provisions to require taxpayers to submit information that may be required by the department of revenue or tribe. (13) For the purposes of this section: (a) "Essential government services" means services such as forest land management; protection, enhancement, regulation, and stewardship of forested land; land consolidation; tribal administration; public facilities; fire; police; public health; education; job services; sewer; water; environmental and land use; transportation; utility services; and public facilities serving economic development purposes as those terms are defined in RCW 82.14.370(3)(c); (b) "Forest land" has the same meaning as in RCW 84.33.035; (c) "Harvester" has the same meaning as in RCW 84.33.035; (d) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington; and (e) "Timber" has the same meaning as in RCW 84.33.035. [2007 c 69 § 2.] Findings—Intent—2007 c 69: "The legislature finds that in certain areas of taxation, where both a tribe and the state have jurisdiction and where there are challenges to administering a tax, tax agreements between the state and a tribe are a sound approach to resolving issues and simplifying processes. The legislature specifically recognizes that in the area of the timber excise tax, within the boundaries of the Quinault Reservation, the state faces challenges due to access to land and access to taxpayers. The activity being taxed takes place entirely within the reservation and is regulated by the tribe and by the state. The legislature therefore finds that shifting from a state administered tax, to a tribal tax credited against the state tax, will bring benefits such as consistent taxation, improved forest practices and water quality, improved fisheries, and sustainability. The legislature intends to further the government-to-government relationship between the state of Washington and the Quinault Nation by authorizing the governor to enter into an agreement related to timber harvest excise taxes." [2007 c 69 § 1.] 43.06.480 43.06.480 Timber harvest excise tax agreements— Quinault Nation. (1) The governor is authorized to enter into a timber harvest excise tax agreement with the Quinault Nation. Agreements adopted under this section must provide that the tribal timber harvest excise tax rate be one hundred percent of the state timber harvest excise tax. (2) A timber harvest excise tax agreement under this section is subject to RCW 43.06.475. [2007 c 69 § 3.] Findings—Intent—2007 c 69: See note following RCW 43.06.475. [Title 43 RCW—page 37] Chapter 43.06A Chapter 43.06A Title 43 RCW: State Government—Executive Chapter 43.06A RCW OFFICE OF THE FAMILY AND CHILDREN’S OMBUDSMAN Sections 43.06A.010 43.06A.020 43.06A.030 43.06A.050 43.06A.060 43.06A.070 43.06A.080 43.06A.085 43.06A.090 43.06A.100 43.06A.110 43.06A.900 Office created—Purpose. Ombudsman—Appointment, term of office. Duties. Confidentiality. Admissibility of evidence—Testimony regarding official duties. Release of identifying information. Inapplicability of privilege in RCW 43.06A.060. Liability for good faith performance—Privileged communications. Report of conduct warranting criminal or disciplinary proceedings. Communication with children in custody of department of social and health services—Access to information in possession or control of department or state institutions. Child fatality review recommendations—Annual report. Construction. 43.06A.010 Office created—Purpose. There is hereby created an office of the family and children’s ombudsman within the office of the governor for the purpose of promoting public awareness and understanding of family and children services, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children’s services and the placement, supervision, and treatment of children in the state’s care or in state-licensed facilities or residences. The ombudsman shall report directly to the governor and shall exercise his or her powers and duties independently of the secretary. [1996 c 131 § 2.] 43.06A.010 Additional notes found at www.leg.wa.gov 43.06A.020 Ombudsman—Appointment, term of office. (1) Subject to confirmation by the senate, the governor shall appoint an ombudsman who shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in family and children’s services law and policy. Prior to the appointment, the governor shall consult with, and may receive recommendations from the committee, regarding the selection of the ombudsman. (2) The person appointed ombudsman shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombudsman only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term. [1998 c 288 § 7; 1996 c 131 § 3.] 43.06A.020 Additional notes found at www.leg.wa.gov 43.06A.030 Duties. The ombudsman shall perform the following duties: (1) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children’s services, and on the procedures for providing these services; (2) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or 43.06A.030 [Title 43 RCW—page 38] erroneous grounds; however, the ombudsman may decline to investigate any complaint as provided by rules adopted under this chapter; (3) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in delivering family and children’s services with a view toward appropriate preservation of families and ensuring children’s health and safety; (4) Review periodically the facilities and procedures of state institutions serving children, and state-licensed facilities or residences; (5) Recommend changes in the procedures for addressing the needs of families and children; (6) Submit annually to the committee and to the governor by November 1 a report analyzing the work of the office including recommendations; (7) Grant the committee access to all relevant records in the possession of the ombudsman unless prohibited by law; and (8) Adopt rules necessary to implement this chapter. [1996 c 131 § 4.] 43.06A.050 Confidentiality. The ombudsman shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsman to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the ombudsman are confidential and are exempt from public disclosure under chapter 42.56 RCW. [2005 c 274 § 294; 1996 c 131 § 6.] 43.06A.050 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 43.06A.060 Admissibility of evidence—Testimony regarding official duties. Neither the ombudsman nor the ombudsman’s staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence regarding the exercise of the official duties of the ombudsman or of the ombudsman’s staff. All related memoranda, work product, notes, and case files of the ombudsman’s office are confidential, are not subject to discovery, judicial or administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding. This section shall not apply to the *legislative oversight committee. [1998 c 288 § 1.] 43.06A.060 *Reviser’s note: "Legislative oversight committee" apparently refers to the "legislative children’s oversight committee" created in RCW 44.04.220. Additional notes found at www.leg.wa.gov 43.06A.070 Release of identifying information. Identifying information about complainants or witnesses shall not be subject to any method of legal compulsion, nor shall such information be revealed to the *legislative oversight committee or the governor except under the following circum43.06A.070 (2010 Ed.) Office of the Education Ombudsman stances: (1) The complainant or witness waives confidentiality; (2) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the ombudsman or ombudsman’s office when the identifying information is necessary to the investigation of the ombudsman’s acts; or (3) under an investigation or inquiry by the governor as to neglect of duty or misconduct by the ombudsman or ombudsman’s office when the identifying information is necessary to the investigation of the ombudsman’ [ombudsman’s] acts. For the purposes of this section, "identifying information" includes the complainant’s or witness’s name, location, telephone number, likeness, social security number or other identification number, or identification of immediate family members. [1998 c 288 § 2.] *Reviser’s note: "Legislative oversight committee" apparently refers to the "legislative children’s oversight committee" created in RCW 44.04.220. Additional notes found at www.leg.wa.gov 43.06A.080 Inapplicability of privilege in RCW 43.06A.060. The privilege described in RCW 43.06A.060 does not apply when: (1) The ombudsman or ombudsman’s staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation; (2) The ombudsman or a member of the ombudsman’s staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk; (3) The ombudsman has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombudsman’s office; or (4) The ombudsman or ombudsman’s staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children’s ombudsman or any volunteer in the ombudsman’s office, to comply with RCW 26.44.030. [1998 c 288 § 3.] 43.06A.080 Additional notes found at www.leg.wa.gov 43.06B.010 43.06A.090 Report of conduct warranting criminal or disciplinary proceedings. When the ombudsman or ombudsman’s staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman or ombudsman’s staff member shall report the matter, or cause a report to be made, to the appropriate authorities. [1998 c 288 § 4.] 43.06A.090 Additional notes found at www.leg.wa.gov 43.06A.100 Communication with children in custody of department of social and health services—Access to information in possession or control of department or state institutions. The department of social and health services shall: (1) Allow the ombudsman or the ombudsman’s designee to communicate privately with any child in the custody of the department for the purposes of carrying out its duties under this chapter; (2) Permit the ombudsman or the ombudsman’s designee physical access to state institutions serving children, and state licensed facilities or residences for the purpose of carrying out its duties under this chapter; (3) Upon the ombudsman’s request, grant the ombudsman or the ombudsman’s designee the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department that the ombudsman considers necessary in an investigation; and (4) Grant the office of the family and children’s ombudsman unrestricted online access to the case and management information system (CAMIS) or any successor information system for the purpose of carrying out its duties under this chapter. [2008 c 211 § 3; 1999 c 390 § 5.] 43.06A.100 43.06A.110 Child fatality review recommendations—Annual report. The office of the family and children’s ombudsman shall issue an annual report to the legislature on the status of the implementation of child fatality review recommendations. [2008 c 211 § 2.] 43.06A.110 43.06A.900 Construction. Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030. [1998 c 288 § 5.] 43.06A.900 43.06A.085 Liability for good faith performance— Privileged communications. (1) An employee of the office of the family and children’s ombudsman is not liable for good faith performance of responsibilities under this chapter. (2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of the department, an employee of a contracting agency of the department, a foster parent, or a recipient of family and children’s services for any communication made, or information given or disclosed, to aid the office of the family and children’s ombudsman in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons. (3) All communications by an ombudsman, if reasonably related to the requirements of that individual’s responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense in any action in libel or slander. [2009 c 88 § 2; 1999 c 390 § 7.] 43.06A.085 (2010 Ed.) Additional notes found at www.leg.wa.gov Chapter 43.06B RCW OFFICE OF THE EDUCATION OMBUDSMAN Chapter 43.06B Sections 43.06B.010 Office created—Purposes—Appointment—Regional education ombudsmen. 43.06B.020 Powers and duties. 43.06B.030 Liability for good faith performance—Privileged communications. 43.06B.040 Confidentiality. 43.06B.050 Annual reports. 43.06B.060 Public school antiharassment policies and strategies—Lead agency. 43.06B.900 Findings—Intent—2006 c 116. 43.06B.010 Office created—Purposes—Appointment—Regional education ombudsmen. (1) There is 43.06B.010 [Title 43 RCW—page 39] 43.06B.020 Title 43 RCW: State Government—Executive hereby created the office of the education ombudsman within the office of the governor for the purposes of providing information to parents, students, and others regarding their rights and responsibilities with respect to the state’s public elementary and secondary education system, and advocating on behalf of elementary and secondary students. (2)(a) The governor shall appoint an ombudsman who shall be a person of recognized judgment, independence, objectivity, and integrity and shall be qualified by training or experience or both in the following areas: (i) Public education law and policy in this state; (ii) Dispute resolution or problem resolution techniques, including mediation and negotiation; and (iii) Community outreach. (b) The education ombudsman may not be an employee of any school district, the office of the superintendent of public instruction, or the state board of education while serving as an education ombudsman. (3) Before the appointment of the education ombudsman, the governor shall share information regarding the appointment to a six-person legislative committee appointed and comprised as follows: (a) The committee shall consist of three senators and three members of the house of representatives from the legislature. (b) The senate members of the committee shall be appointed by the president of the senate. Two members shall represent the majority caucus and one member the minority caucus. (c) The house of representatives members of the committee shall be appointed by the speaker of the house of representatives. Two members shall represent the majority caucus and one member the minority caucus. (4) If sufficient appropriations are provided, the education ombudsman shall delegate and certify regional education ombudsmen. The education ombudsman shall ensure that the regional ombudsmen selected are appropriate to the community in which they serve and hold the same qualifications as in subsection (2)(a) of this section. The education ombudsman may not contract with the superintendent of public instruction, or any school, school district, or current employee of a school, school district, or the office of the superintendent of public instruction for the provision of regional ombudsman services. [2006 c 116 § 3.] 43.06B.020 Powers and duties. The education ombudsman shall have the following powers and duties: (1) To develop parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements required by the superintendent of public instruction. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children’s education; (2) To provide information to students, parents, and interested members of the public regarding this state’s public elementary and secondary education system; (3) To identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and commu43.06B.020 [Title 43 RCW—page 40] nity members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff; (4) To identify and recommend strategies for improving the success rates of ethnic and racial student groups and students with disabilities, with disproportionate academic achievement; (5) To refer complainants and others to appropriate resources, agencies, or departments; (6) To facilitate the resolution of complaints made by parents and students with regard to the state’s public elementary and secondary education system; (7) To perform such other functions consistent with the purpose of the education ombudsman; and (8) To consult with representatives of the following organizations and groups regarding the work of the office of the education ombudsman, including but not limited to: (a) The state parent teacher association; (b) Certificated and classified school employees; (c) School and school district administrators; (d) Parents of special education students; (e) Parents of English language learners; (f) The Washington state commission on Hispanic affairs; (g) The Washington state commission on African-American affairs; (h) The Washington state commission on Asian Pacific American affairs; and (i) The governor’s office of Indian affairs. [2008 c 165 § 2; 2006 c 116 § 4.] 43.06B.030 Liability for good faith performance— Privileged communications. (1) Neither the education ombudsman nor any regional educational ombudsmen are liable for good faith performance of responsibilities under this chapter. (2) No discriminatory, disciplinary, or retaliatory action may be taken against any student or employee of any school district, the office of the superintendent of public education [instruction], or the state board of education, for any communication made, or information given or disclosed, to aid the education ombudsman in carrying out his or her duties and responsibilities, unless the same was done without good faith or maliciously. This subsection is not intended to infringe upon the rights of a school district to supervise, discipline, or terminate an employee for other reasons or to discipline a student for other reasons. (3) All communications by the education ombudsman or the ombudsman’s staff or designee, if reasonably related to the education ombudsman’s duties and responsibilities and done in good faith, are privileged and that privilege shall serve as a defense to any action in libel or slander. [2006 c 116 § 5.] 43.06B.030 43.06B.040 Confidentiality. The education ombudsman shall treat all matters, including the identities of students, complainants, and individuals from whom information is acquired, as confidential, except as necessary to enable the education ombudsman to perform the duties of the office. Upon receipt of information that by law is confidential or 43.06B.040 (2010 Ed.) Secretary of State privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. [2006 c 116 § 6.] 43.07.173 43.07.175 43.07.180 43.07.190 43.07.200 43.06B.050 Annual reports. The education ombudsman shall report on the work and accomplishment of the office and advise and make recommendations to the governor, the legislature, and the state board of education annually. The initial report to the governor, the legislature, and the state board of education shall be made by September 1, 2007, and there shall be annual reports by September 1st each year thereafter. The annual reports shall provide at least the following information: (1) How the education ombudsman’s services have been used and by whom; (2) Methods for the education ombudsman to increase and enhance family and community involvement in public education; (3) Recommendations to eliminate barriers and obstacles to meaningful family and community involvement in public education; and (4) Strategies to improve the educational opportunities for all students in the state, including recommendations from organizations and groups provided in RCW 43.06B.020(8). [2006 c 116 § 7.] 43.06B.050 43.06B.060 Public school antiharassment policies and strategies—Lead agency. In addition to duties assigned under RCW 43.06B.020, the office of the education ombudsman shall serve as the lead agency to provide resources and tools to parents and families about public school antiharassment policies and strategies. [2010 c 239 § 3.] 43.06B.060 Finding—Intent—2010 c 239: See note following RCW 28A.300.285. 43.06B.900 Findings--Intent—2006 c 116. following RCW 28A.300.130. 43.06B.900 Chapter 43.07 See note Chapter 43.07 RCW SECRETARY OF STATE Sections 43.07.010 43.07.020 43.07.030 43.07.035 43.07.037 43.07.040 43.07.050 43.07.090 43.07.100 43.07.110 43.07.120 43.07.125 43.07.128 43.07.129 43.07.130 43.07.140 43.07.150 43.07.160 43.07.170 (2010 Ed.) Official bond. Assistant and deputy secretary of state. General duties. Memorandum of agreement or contract for secretary of state’s services with state agencies or private entities. Gifts, grants, conveyances—Receipt, sale—Rules. Custodian of state records. Bureau of statistics—Secretary ex officio commissioner. Bureau of statistics—Power to obtain statistics—Penalty. Bureau of statistics—Information confidential—Penalty. Bureau of statistics—Deputy commissioner. Fees—Rules. Fees—Charitable trusts—Charitable solicitations. Fees—Washington state heritage center. Washington state heritage center account. Secretary of state’s revolving fund—Publication fees authorized, disposition. Materials specifically authorized to be printed and distributed. Uniform commercial code powers, duties, and functions transferred to department of licensing. Authenticating officers—Appointment authorized—Use of facsimile signature. Establishment of a corporate filing system using other methods authorized. 43.07.205 43.07.210 43.07.300 43.07.310 43.07.350 43.07.363 43.07.365 43.07.370 43.07.380 43.07.388 43.07.390 43.07.400 43.07.900 Chapter 43.07 Facsimile transmissions—Acceptance and filing by the secretary of state. Copies of certain filed documents to insurance commissioner. Staggered corporate license renewal system authorized. Use of a summary face sheet or cover sheet with the filing of certain documents authorized. Business license center as secretary of state’s agent for corporate renewals—Proposals for—Schedule. Contract to issue conditional federal employer identification numbers, credentials, and documents in conjunction with license applications. Filing false statements—Penalty. Division of elections—Director. Division of elections—Duties. Citizens’ exchange program. Washington state legacy project—Oral histories—Advisory council. Washington state legacy project—Funding—Rules. Washington state legacy project—Gifts, grants, conveyances—Expenditures—Rules. Washington state legacy project, state library, and archives account. Washington state flag account. Real estate excise tax enforcement—Disclosure of transfer of controlling interest, real property. Domestic partnership registry—Forms—Rules. Transfer of powers, duties, and functions—Legislative oral history program. Acquisition and disposition of highway property, powers and duties relating to: Chapter 47.12 RCW. Address confidentiality: Chapter 40.24 RCW. Attests commissions issued by state: State Constitution Art. 3 § 15. Attorney for former residents and nonresidents for service of process arising out of motor vehicle operation in this state: RCW 46.64.040. Bonds deposited with state auditor: RCW 43.09.010. state officers’ bonds: RCW 43.07.030. state treasurer: RCW 43.08.020. Charitable trusts: Chapter 11.110 RCW. Civil rights, issuance of copies of instruments restoring civil rights: RCW 5.44.090. County seats, removal, notice: RCW 36.12.070. Duties: State Constitution Art. 3 § 17. Election of: State Constitution Art. 3 § 1. Elections ballot titles, notice of contents: RCW 29A.36.040. certificates of election, issuance by: RCW 29A.52.370. chief election officer: RCW 29A.04.230. county auditors, election laws for: RCW 29A.04.235. presidential primary: Chapter 29A.56 RCW. returns, certifying of: RCW 43.07.030. Filing with banks: Chapter 30.08 RCW. corporations: Title 23B RCW. credit unions: Chapter 31.12 RCW. department of transportation: RCW 47.68.210. domestic insurers: RCW 48.06.200. engrossed bills: RCW 44.20.010. initiatives and referendums: State Constitution Art. 2 § 1; RCW 29A.72.010, 29A.72.170. mutual savings banks: RCW 32.08.061, 32.08.070. savings and loan associations: RCW 33.08.080. standard uniforms for sheriffs: RCW 36.28.170. statute law committee code correction orders: RCW 1.08.016. trust companies: Chapter 30.08 RCW. Foreign corporations, duties: Chapters 23B.01 and 23B.15 RCW. Initiatives and referendums acceptance or rejection of petitions for filing: RCW 29A.72.170. filing of proposals and petitions with: State Constitution Art. 2 § 1; RCW 29A.72.010. numbering of initiative and referendum measures: RCW 29A.72.040. transmittal of copies to attorney general: RCW 29A.72.060. [Title 43 RCW—page 41] 43.07.010 Title 43 RCW: State Government—Executive Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054 and 2.36.0571. Legislative journals, custodian of: RCW 43.07.040. Local government redistricting: Chapter 29A.76 RCW. Massachusetts trusts, power to prescribe rules and regulations as to: RCW 23.90.040. Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. Oath of office: RCW 43.01.020. Official bond: RCW 43.07.010. Process deposited with domestic corporation without officer in state upon whom process can be served: RCW 4.28.090. foreign corporation failing to maintain agent in state: RCW 23B.14.300. nonadmitted foreign corporations having powers as to notes secured by real estate mortgages: RCW 23B.18.040 and 23B.18.050. nonresident or former resident motorists: RCW 46.64.040. trademark registration actions: RCW 19.77.090. Records, custodian of: State Constitution Art. 3 § 24; RCW 43.07.040. Registry of governor’s acts kept by: RCW 43.07.030. Residence to be maintained at seat of government: State Constitution Art. 3 § 24. Salary, amount of: State Constitution Art. 3 § 17, Art. 28 § 1; RCW 43.03.010. Sale of unneeded toll facility property, secretary to attest deed and deliver: RCW 47.56.255. Session laws custodian of: RCW 43.07.040. engrossed bill filed with: RCW 44.20.010. numbering of: RCW 44.20.020. State canvassing board member: RCW 29A.60.240. Statute law committee code correction orders filed with: RCW 1.08.016. Succession to office of governor: State Constitution Art. 3 § 10. Term of office: State Constitution Art. 3 § 3; RCW 43.01.010. Trademarks and trade names filing fee: RCW 43.07.120. registration of, duties: Chapter 19.77 RCW. 43.07.010 Official bond. The secretary of state must execute an official bond to the state in the sum of ten thousand dollars, conditioned for the faithful performance of the duties of his or her office, and shall receive no pay until such bond, approved by the governor, is filed with the state auditor. [2009 c 549 § 5024; 1965 c 8 § 43.07.010. Prior: 1890 p 633 § 10; RRS § 10994.] 43.07.010 43.07.020 Assistant and deputy secretary of state. The secretary of state may have one assistant secretary of state and one deputy secretary of state each of whom shall be appointed by him or her in writing, and continue during his or her pleasure. The assistant secretary of state and deputy secretary of state shall have the power to perform any act or duty relating to the secretary of state’s office, that the secretary of state has, and the secretary of state shall be responsible for the acts of said assistant and deputy. [2009 c 549 § 5025; 1965 c 8 § 43.07.020. Prior: 1947 c 107 § 1; 1903 c 75 § 1; 1890 p 633 § 12; RRS § 10995.] 43.07.020 43.07.030 General duties. The secretary of state shall: (1) Keep a register of and attest the official acts of the governor; 43.07.030 [Title 43 RCW—page 42] (2) Affix the state seal, with his or her attestation, to commissions, pardons, and other public instruments to which the signature of the governor is required, and also attestations and authentications of certificates and other documents properly issued by the secretary; (3) Record all articles of incorporation, deeds, or other papers filed in the secretary of state’s office; (4) Receive and file all the official bonds of officers required to be filed with the secretary of state; (5) Take and file in the secretary of state’s office receipts for all books distributed by him or her; (6) Certify to the legislature the election returns for all officers required by the Constitution to be so certified, and certify to the governor the names of all other persons who have received at any election the highest number of votes for any office the incumbent of which is to be commissioned by the governor; (7) Furnish, on demand, to any person paying the fees therefor, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the secretary of state’s office; (8) Present to the speaker of the house of representatives, at the beginning of each regular session of the legislature during an odd-numbered year, a full account of all purchases made and expenses incurred by the secretary of state on account of the state; (9) File in his or her office an impression of each and every seal in use by any state officer; (10) Keep a record of all fees charged or received by the secretary of state. [2009 c 549 § 5026; 1982 c 35 § 186; 1980 c 87 § 21; 1969 ex.s. c 53 § 3; 1965 c 8 § 43.07.030. Prior: 1890 p 630 § 2; RRS § 10992.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 43.07.035 Memorandum of agreement or contract for secretary of state’s services with state agencies or private entities. The secretary of state shall have the authority to enter into a memorandum of agreement or contract with any agency of state government or private entity to provide for the performance of any of the secretary of state’s services or duties under the various corporation statutes of this state. [1985 c 156 § 19; 1982 c 35 § 190.] 43.07.035 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Additional notes found at www.leg.wa.gov 43.07.037 Gifts, grants, conveyances—Receipt, sale—Rules. The secretary of state and the *council may accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor’s terms. The secretary of state shall adopt rules to govern and protect the receipt and expenditure of the proceeds. [1996 c 253 § 105.] 43.07.037 *Reviser’s note: 1996 c 253 § 101, which created the international education and exchange council, was vetoed. Findings—Purpose—Severability—Part headings not law—1996 c 253: See notes following RCW 28B.109.010. (2010 Ed.) Secretary of State 43.07.040 Custodian of state records. The secretary of state is charged with the custody: (1) Of all acts and resolutions passed by the legislature; (2) Of the journals of the legislature; (3) Of the seal of the state; (4) Of all books, records, deeds, parchments, maps, and papers required to be kept on deposit in his or her office pursuant to law; (5) Of the enrolled copy of the Constitution. [2009 c 549 § 5027; 1965 c 8 § 43.07.040. Prior: 1903 c 107 § 1; 1890 p 629 § 1; RRS § 10991.] 43.07.040 43.07.050 Bureau of statistics—Secretary ex officio commissioner. The secretary of state shall be ex officio commissioner of statistics. He or she shall establish within his or her office, and under his or her immediate supervision, a bureau to be known as the bureau of statistics, agriculture and immigration. [2009 c 549 § 5028; 1965 c 8 § 43.07.050. Prior: 1895 c 85 § 1; RRS § 10933.] 43.07.050 43.07.090 Bureau of statistics—Power to obtain statistics—Penalty. The commissioner shall have the power to send for persons and papers whenever in his or her opinion it is necessary, and he or she may examine witnesses under oath, being hereby qualified to administer the same in the performance of his or her duty, and the testimony so taken must be filed and preserved in his or her office. He or she shall have free access to all places and works of labor, and any principal, owner, operator, manager, or lessee of any mine, factory, workshop, warehouse, manufacturing or mercantile establishment, or any agent or employee of any such principal, owner, operator, manager, or lessee, who shall refuse to the commissioner or his or her duly authorized representative admission therein, or who shall, when requested by him or her, wilfully neglect or refuse to furnish him or her any statistics or information pertaining to his or her lawful duties which may be in the possession or under the control of said principal, owner, operator, lessee, manager, or agent thereof, shall be punished by a fine of not less than fifty nor more than two hundred dollars. [2009 c 549 § 5029; 1965 c 8 § 43.07.090. Prior: 1895 c 85 § 5; RRS § 10937.] 43.07.090 43.07.100 Bureau of statistics—Information confidential—Penalty. No use shall be made in the report of the bureau of the names of individuals, firms, or corporations supplying the information called for by these sections, such information being deemed confidential and not for the purpose of disclosing any person’s affairs; and any agent or employee of said bureau violating this provision shall upon conviction thereof be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months. [1965 c 8 § 43.07.100. Prior: 1895 c 85 § 6; RRS § 10938.] 43.07.100 43.07.110 Bureau of statistics—Deputy commissioner. The commissioner shall appoint a deputy commissioner, who shall act in his or her absence, and the deputy shall receive the sum of twelve hundred dollars per annum to be paid by the state treasurer in the same manner as other state officers are paid; the sum allowed for deputy and other 43.07.110 (2010 Ed.) 43.07.120 incidental expenses of the bureau shall not exceed the sum of three thousand dollars any one year. The commissioner shall have authority to employ one person to act as immigration agent, which agent shall reside in such city as said commissioner may designate, and he or she shall be provided with such literature and incidental accessories as in his or her judgment may be necessary. [2009 c 549 § 5030; 1965 c 8 § 43.07.110. Prior: 1895 c 85 § 7; RRS § 10939.] 43.07.120 Fees—Rules. (1) The secretary of state must establish by rule and collect the fees in this subsection: (a) For a copy of any law, resolution, record, or other document or paper on file in the secretary’s office; (b) For any certificate under seal; (c) For filing and recording trademark; (d) For each deed or patent of land issued by the governor; (e) For recording miscellaneous records, papers, or other documents. (2) The secretary of state may adopt rules under chapter 34.05 RCW establishing reasonable fees for the following services rendered under Title 23B RCW, chapter 18.100, 19.09, 19.34, 19.77, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.04, 25.15, 25.10, 25.05, or 26.60 RCW: (a) Any service rendered in-person at the secretary of state’s office; (b) Any expedited service; (c) The electronic or facsimile transmittal of information from corporation records or copies of documents; (d) The providing of information by micrographic or other reduced-format compilation; (e) The handling of checks, drafts, or credit or debit cards upon adoption of rules authorizing their use for which sufficient funds are not on deposit; and (f) Special search charges. (3) To facilitate the collection of fees, the secretary of state may establish accounts for deposits by persons who may frequently be assessed such fees to pay the fees as they are assessed. The secretary of state may make whatever arrangements with those persons as may be necessary to carry out this section. (4) The secretary of state may adopt rules for the use of credit or debit cards for payment of fees. (5) No member of the legislature, state officer, justice of the supreme court, judge of the court of appeals, or judge of the superior court may be charged for any search relative to matters pertaining to the duties of his or her office; nor may such official be charged for a certified copy of any law or resolution passed by the legislature relative to his or her official duties, if such law has not been published as a state law. [2010 1st sp.s. c 29 § 6; 1998 c 103 § 1309. Prior: 1994 c 211 § 1310; 1994 c 60 § 5; 1993 c 269 § 15; 1991 c 72 § 53; 1989 c 307 § 39; 1982 c 35 § 187; 1971 c 81 § 107; 1965 c 8 § 43.07.120; prior: 1959 c 263 § 5; 1907 c 56 § 1; 1903 c 151 § 1; 1893 c 130 § 1; RRS § 10993.] 43.07.120 Intent—2010 1st sp.s. c 29: See note following RCW 23B.01.530. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Additional notes found at www.leg.wa.gov [Title 43 RCW—page 43] 43.07.125 Title 43 RCW: State Government—Executive 43.07.125 Fees—Charitable trusts—Charitable solicitations. The secretary of state may adopt rules under chapter 34.05 RCW establishing reasonable fees for the following services rendered under chapter 11.110 or 19.09 RCW: (1) Any service rendered in-person at the secretary of state’s office; (2) Any expedited service; (3) The electronic transmittal of documents; (4) The providing of information by microfiche or other reduced-format compilation; (5) The handling of checks or drafts for which sufficient funds are not on deposit; (6) The resubmission of documents previously submitted to the secretary of state where the documents have been returned to the submitter to make such documents conform to the requirements of the applicable statute; (7) The handling of telephone requests for information; and (8) Special search charges. [1993 c 471 § 24; 1993 c 269 § 14.] 43.07.125 Additional notes found at www.leg.wa.gov 43.07.128 Fees—Washington state heritage center. (1) In addition to other required filing fees, the secretary of state shall collect a fee of five dollars at the time of filing for: (a) Articles of incorporation for domestic corporations or applications for certificates of authority for foreign corporations under Title 23B RCW; (b) Certificates of formation for domestic limited liability companies or registrations of foreign limited liability companies under chapter 25.15 RCW; (c) Registrations of foreign and domestic partnerships and limited liability partnerships under chapter 25.05 RCW; (d) Certificates of limited partnership[s] and registration[s] of foreign limited partnerships under chapter 25.10 RCW; and (e) Registrations of trademarks under chapter 19.77 RCW. (2) Moneys received under subsection (1) of this section must be deposited into the Washington state heritage center account. [2007 c 523 § 1.] 43.07.128 Effective date—2007 c 523 § 1: "Section 1 of this act takes effect January 1, 2009." [2007 c 523 § 7.] Contingency—2007 c 523: "If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void." [2007 c 523 § 6.] Funding was provided in 2007 c 520 § 6013(9) (capital budget). 43.07.129 Washington state heritage center account. The Washington state heritage center account is created in the custody of the state treasurer. All moneys received under RCW 36.18.010(11) and 43.07.128 must be deposited in the account. Expenditures from the account may be made only for the following purposes: (1) Payment of the certificate of participation issued for the Washington state heritage center; (2) Capital maintenance of the Washington state heritage center; and (3) Program operations that serve the public, relate to the collections and exhibits housed in the Washington state heri43.07.129 [Title 43 RCW—page 44] tage center, or fulfill the missions of the state archives, state library, and capital museum. Only the secretary of state or the secretary of state’s designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW. [2007 c 523 § 4.] Contingency—2007 c 523: See note following RCW 43.07.128. 43.07.130 Secretary of state’s revolving fund—Publication fees authorized, disposition. There is created within the state treasury a revolving fund, to be known as the "secretary of state’s revolving fund," which must be used by the office of the secretary of state to defray the costs of providing registration and information services authorized by law by the office of the secretary of state, and any other cost of carrying out the functions of the secretary of state under Title 11, 18, 19, 23, 23B, 24, 25, 26, 30, 42, 43, or 64 RCW. The secretary of state is authorized to charge a fee for publications in an amount which will compensate for the costs of printing, reprinting, and distributing such printed matter. Fees recovered by the secretary of state under RCW 43.07.120(2), 19.09.305, 19.09.315, 19.09.440, 23B.01.220 (1)(e), (6) and (7), 23B.18.050, 24.03.410, 24.06.455, *25.10.600(6), 25.10.916(1)(e), or 46.64.040, and such other moneys as are expressly designated for deposit in the secretary of state’s revolving fund must be placed in the secretary of state’s revolving fund. During the 2005-2007 fiscal biennium, the legislature may transfer from the secretary of state’s revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund. [2010 1st sp.s. c 29 § 7; 2005 c 518 § 924; 1994 c 211 § 1311; 1991 c 72 § 54; 1989 c 307 § 40; 1982 c 35 § 188; 1973 1st ex.s. c 85 § 1; 1971 ex.s. c 122 § 1.] 43.07.130 *Reviser’s note: RCW 25.10.600 was repealed by 2009 c 188 § 1305, effective July 1, 2010. Intent—2010 1st sp.s. c 29: See note following RCW 23B.01.530. Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Additional notes found at www.leg.wa.gov 43.07.140 Materials specifically authorized to be printed and distributed. The secretary of state is hereby specifically authorized to print, reprint, and distribute the following materials: (1) Lists of active corporations; (2) The provisions of Title 23 RCW; (3) The provisions of Title 23B RCW; (4) The provisions of Title 24 RCW; (5) The provisions of chapter 25.10 RCW; (6) The provisions of *Title 29 RCW; (7) The provisions of chapter 18.100 RCW; (8) The provisions of chapter 19.77 RCW; (9) The provisions of chapter 43.07 RCW; (10) The provisions of the Washington state Constitution; (11) The provisions of chapters 40.14, 40.16, and 40.20 RCW, and any statutes, rules, schedules, indexes, guides, 43.07.140 (2010 Ed.) Secretary of State descriptions, or other materials related to the public records of state or local government or to the state archives; and (12) Rules and informational publications related to the statutory provisions set forth above. [1991 c 72 § 55; 1982 c 35 § 189; 1973 1st ex.s. c 85 § 2.] *Reviser’s note: Title 29 RCW was repealed and/or recodified pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 43.07.150 Uniform commercial code powers, duties, and functions transferred to department of licensing. All powers, duties, and functions vested by law in the secretary of state relating to the Uniform Commercial Code are transferred to the department of licensing. [1979 c 158 § 92; 1977 ex.s. c 117 § 1.] 43.07.150 Additional notes found at www.leg.wa.gov 43.07.160 Authenticating officers—Appointment authorized—Use of facsimile signature. The secretary of state may appoint authenticating officers and delegate to the authenticating officers power to sign for the secretary of state any document which, to have legal effect, requires the secretary of state’s signature and which is of a class which the secretary of state has authorized for signature by the authenticating officers in a writing on file in the secretary of state’s office. Authenticating officers shall sign in the following manner: ". . . . . ., Authenticating Officer for the Secretary of State . . . . . ." The secretary of state may also delegate to the authenticating officers power to use the secretary of state’s facsimile signature for signing any document which, to have legal effect, requires the secretary of state’s signature and is of a class with respect to which the secretary of state has authorized use of his or her facsimile signature by a writing filed in the secretary of state’s office. As used in this section, "facsimile signature" includes, but is not limited to, the reproduction of any authorized signature by a copper plate, a rubber stamp, or by a photographic, photostatic, or mechanical device. The secretary of state shall effect the appointment and delegation by placing on file in the secretary of state’s office in a single document the names of all persons appointed as authenticating officers and each officer’s signature, a list of the classes of documents each authenticating officer is authorized to sign for the secretary of state, a copy of the secretary of state’s facsimile signature, and a list of the classes of documents which each authenticating officer may sign for the secretary of state by affixing the secretary of state’s facsimile signature. The secretary of state may revoke the appointment or delegation or powers by placing on file in the secretary of state’s office a new single document which expressly revokes the authenticating officers and the powers delegated to them. The secretary of state shall record and index documents filed by him or her under this section, and the documents shall be open for public inspection. The authorized signature of an authenticating officer or an authorized facsimile signature of the secretary of state shall have the same legal effect and validity as the genuine manual signature of the secretary of state. [1982 c 35 § 2.] 43.07.160 (2010 Ed.) 43.07.175 Intent—1982 c 35: "The legislature finds that the secretary of state’s office, particularly the corporations division, performs a valuable public service for the business and nonprofit corporate community, and for the state of Washington. The legislature further finds that numerous filing and other requirements of the laws relating to the secretary of state’s responsibilities have not been recently updated, thereby causing problems and delays for the corporate community as well as the secretary of state’s office. To provide better service to the corporate community in this state, and to permit the secretary of state to make efficient use of state resources and improve collection of state revenues, statutory changes are necessary. It is the intent of the legislature to provide for the modernization and updating of the corporate laws and other miscellaneous filing statutes and to give the secretary of state the appropriate authority the secretary of state needs to implement the modernization and streamlining effort." [1982 c 35 § 1.] Additional notes found at www.leg.wa.gov 43.07.170 Establishment of a corporate filing system using other methods authorized. (1) If the secretary of state determines that the public interest and the purpose of the filing and registration statutes administered by the secretary of state would be best served by a filing system utilizing microfilm, microfiche, methods of reduced-format document recording, or electronic or online filing, the secretary of state may, by rule adopted under chapter 34.05 RCW, establish such a filing system. (2) In connection with a reduced-format filing system, the secretary of state may eliminate any requirement for a duplicate original filing copy, and may establish reasonable requirements concerning paper size, print legibility, and quality for photo-reproduction processes as may be necessary to ensure utility and readability of any reduced-format filing system. (3) In connection with an electronic or online filing system, the secretary of state may eliminate any requirement for a duplicate original filing copy and may establish reasonable requirements for electronic filing, including but not limited to signature technology, file format and type, delivery, types of filing that may be completed electronically, and methods for the return of filed documents. [2002 c 74 § 20; 1982 c 35 § 191.] 43.07.170 Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 43.07.173 Facsimile transmissions—Acceptance and filing by the secretary of state. (1) The secretary of state shall accept and file in the secretary’s office facsimile transmissions of any documents authorized or required to be filed pursuant to Title 23, 23B, 24, or 25 RCW or chapter 18.100 RCW. The acceptance by the secretary of state is conditional upon the document being legible and otherwise satisfying the requirements of state law or rules with respect to form and content, including those established under RCW 43.07.170. If the document must be signed, that requirement is satisfied by a facsimile copy of the signature. (2) If a fee is required for filing the document, the secretary may reject the document for filing if the fee is not received before, or at the time of, receipt. [1998 c 38 § 1.] 43.07.173 43.07.175 Copies of certain filed documents to insurance commissioner. The secretary of state shall deliver to the office of the insurance commissioner copies of corporate documents filed with the secretary of state by health care ser43.07.175 [Title 43 RCW—page 45] 43.07.180 Title 43 RCW: State Government—Executive vice contractors and health maintenance organizations that have been provided for the insurance commissioner under RCW 48.44.013 and 48.46.012. [1998 c 23 § 18.] 43.07.180 Staggered corporate license renewal system authorized. The secretary of state may, by rule adopted under chapter 34.05 RCW, adopt and implement a system of renewals for annual corporate licenses or filings in which the renewal dates are staggered throughout the year. To facilitate the implementation of the staggered system, the secretary of state may extend the duration of corporate licensing periods or report filing periods and may impose and collect such additional proportional fees as may be required on account of the extended periods. [1982 c 35 § 192.] 43.07.180 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 43.07.190 Use of a summary face sheet or cover sheet with the filing of certain documents authorized. Where the secretary of state determines that a summary face sheet or cover sheet would expedite review of any documents made under Title 23B RCW, or chapter 18.100, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.36, or 25.10 RCW, the secretary of state may require the use of a summary face sheet or cover sheet that accurately reflects the contents of the attached document. The secretary of state may, by rule adopted under chapter 34.05 RCW, specify the required contents of any summary face sheet and the type of document or documents in which the summary face sheet will be required, in addition to any other filing requirements which may be applicable. [1991 c 72 § 56; 1989 c 307 § 41; 1982 c 35 § 193.] 43.07.205 Contract to issue conditional federal employer identification numbers, credentials, and documents in conjunction with license applications. The secretary of state may contract with the federal internal revenue service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other federal credentials or documents, at specified offices and locations of the agency in conjunction with any application for state licenses under chapter 19.02 RCW. [1997 c 51 § 3.] 43.07.205 Intent—1997 c 51: See note following RCW 19.02.300. 43.07.210 Filing false statements—Penalty. Any person who files a false statement, which he or she knows to be false, in the articles of incorporation or in any other materials required to be filed with the secretary of state shall be guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1984 c 75 § 25.] 43.07.210 43.07.190 Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Additional notes found at www.leg.wa.gov 43.07.200 Business license center as secretary of state’s agent for corporate renewals—Proposals for— Schedule. Not later than July 1, 1982, the secretary of state and the director of licensing shall propose to the director of financial management a contract and working agreement with accompanying fiscal notes designating the business license center as the secretary of state’s agent for issuing all or a portion of the corporation renewals within the jurisdiction of the secretary of state. The secretary of state and the director of licensing shall submit the proposed contract and accompanying fiscal notes to the legislature before October 1, 1982. The secretary of state and the director of licensing shall jointly submit to the legislature by January 10, 1983, a schedule for designating the center as the secretary of state’s agent for all such corporate renewals not governed by the contract. [1982 c 182 § 12.] 43.07.200 Business license center act: Chapter 19.02 RCW. Certain business or professional activity licenses exempt: RCW 19.02.800. Master license system—Existing licenses or permits registered under, when: RCW 19.02.810. Additional notes found at www.leg.wa.gov [Title 43 RCW—page 46] 43.07.300 Division of elections—Director. The secretary of state shall establish a division of elections within the office of the secretary of state and under the secretary’s supervision. The division shall be under the immediate supervision of a director of elections who shall be appointed by the secretary of state and serve at the secretary’s pleasure. [1992 c 163 § 1.] 43.07.300 43.07.310 Division of elections—Duties. The secretary of state, through the division of elections, is responsible for the following duties, as prescribed by Title 29A RCW: (1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions; (2) The production and distribution of a state voters’ pamphlet; (3) The examination, testing, and certification of voting equipment, voting devices, and vote-tallying systems; (4) The administration, canvassing, and certification of the presidential primary, state primaries, and state general elections; (5) The administration of motor voter and other voter registration and voter outreach programs; (6) The training, testing, and certification of state and local elections personnel as established in RCW 29A.04.530; (7) The conduct of reviews as established in RCW 29A.04.570; and (8) Other duties that may be prescribed by the legislature. [2009 c 415 § 11; 2003 c 111 § 2303; 1992 c 163 § 2.] 43.07.310 Effective date—2003 c 111: See RCW 29A.04.903. 43.07.350 Citizens’ exchange program. The secretary of state, in consultation with the *department of trade, the department of agriculture, economic development consultants, the consular corps, and other international trade organizations, shall develop a Washington state citizens’ exchange program that will initiate and promote: (1) Citizen exchanges between Washington state agricultural, technical, and educational groups and organizations with their counterparts in targeted foreign countries. (2) Expanded educational and training exchanges between Washington state individuals and organizations with similar groups in targeted foreign countries. 43.07.350 (2010 Ed.) Secretary of State (3) Programs to extend Washington state expertise to targeted foreign countries to help promote better health and technical assistance in agriculture, water resources, hydroelectric power, forestry management, education, and other areas. (4) Efforts where a special emphasis is placed on utilizing Washington state’s rich human resources who are retired from public and private life and have the time to assist in this program. (5) People-to-people programs that may result in increased tourism, business relationships, and trade from targeted foreign nations to the Pacific Northwest. [1993 c 113 § 1.] *Reviser’s note: The department of trade and economic development was the correct name for this department. The name of the department is now the department of community, trade, and economic development, pursuant to 1993 c 280. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 43.07.363 Washington state legacy project—Oral histories—Advisory council. (1) The secretary of state shall administer and conduct a program to record and document oral histories of current and former members and staff of the Washington state executive and judicial branches, the state’s congressional delegation, and other citizens who have participated in the political history of Washington state. The program shall be called the Washington state legacy project. The secretary of state may contract with independent oral historians or history departments of the state universities to interview and record oral histories. The manuscripts and publications shall be made available for research and reference through the state archives. The transcripts, together with current and historical photographs, may be published for distribution to libraries and the general public, and be posted on the secretary of state’s web site. (2) The Washington state legacy project may act as a principal repository for oral histories related to community, family, and other various projects. (3) The oral history of a person who occupied positions, or was staff to a person who occupied positions, in more than one branch of government shall be conducted by the entity authorized to conduct oral histories of persons in the position last held by the person who is the subject of the oral history. However, the person being interviewed may select the entity he or she wishes to prepare his or her oral history. (4) The secretary of state may create a Washington state legacy project advisory council to provide advice and guidance on matters pertaining to operating the legacy project. The secretary of state may not compensate members of the legacy project advisory council but may provide reimbursement to members for expenses that are incurred in the conduct of their official duties. [2008 c 222 § 10.] 43.07.363 Purpose—2008 c 222: See note following RCW 44.04.320. 43.07.365 Washington state legacy project—Funding—Rules. The secretary of state may fund Washington state legacy project activities through donations as provided in RCW 43.07.037. The activities may include, but not be limited to, conducting interviews, preparing and indexing transcripts, publishing transcripts and photographs, and presenting displays and programs. Donations that do not meet 43.07.365 (2010 Ed.) 43.07.388 the criteria of the Washington state legacy project may not be accepted. The secretary of state shall adopt rules necessary to implement this section. [2008 c 222 § 11; 2002 c 358 § 3.] Purpose—2008 c 222: See note following RCW 44.04.320. 43.07.370 Washington state legacy project—Gifts, grants, conveyances—Expenditures—Rules. (1) The secretary of state may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor’s terms. (2) Moneys received under this section may be used only for the following purposes: (a) Conducting the Washington state legacy project; (b) Archival activities; (c) Washington state library activities; (d) Development, construction, and operation of the Washington state heritage center; and (e) Donation of Washington state flags. (3)(a) Moneys received under subsection (2)(a) through (c) of this section must be deposited in the Washington state legacy project, state library, and archives account established in RCW 43.07.380. (b) Moneys received under subsection (2)(d) of this section must be deposited in the Washington state heritage center account created in RCW 43.07.129. (c) Moneys received under subsection (2)(e) of this section must be deposited in the Washington state flag account created in RCW 43.07.388. (4) The secretary of state shall adopt rules to govern and protect the receipt and expenditure of the proceeds. [2009 c 71 § 1; 2008 c 222 § 12; 2007 c 523 § 3; 2003 c 164 § 1.] 43.07.370 Purpose—2008 c 222: See note following RCW 44.04.320. Contingency—2007 c 523: See note following RCW 43.07.128. 43.07.380 Washington state legacy project, state library, and archives account. The Washington state legacy project, state library, and archives account is created in the custody of the state treasurer. All moneys received under RCW 43.07.370 must be deposited in the account. Expenditures from the account may be made only for the purposes of the Washington state legacy project under RCW 43.07.363, archives program under RCW 40.14.020, and the state library program under chapter 27.04 RCW. Only the secretary of state or the secretary of state’s designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW. [2008 c 222 § 13; 2003 c 164 § 2.] 43.07.380 Purpose—2008 c 222: See note following RCW 44.04.320. 43.07.388 Washington state flag account. The Washington state flag account is created in the custody of the state treasurer. All moneys received under RCW 43.07.370(2)(e) must be deposited in the account. Expenditures from the account may be used only for the purpose of donating Washington state flags to Washington state military personnel. Only the secretary of state or the secretary of state’s designee 43.07.388 [Title 43 RCW—page 47] 43.07.390 Title 43 RCW: State Government—Executive may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2009 c 71 § 2.] 43.07.390 Real estate excise tax enforcement—Disclosure of transfer of controlling interest, real property. (1)(a) The secretary of state must adopt rules requiring any entity that is required to file an annual report with the secretary of state, including entities under Titles 23, 23B, 24, and 25 RCW, to disclose: (i) Any transfer of the controlling interest in the entity; and (ii) the granting of any option to acquire an interest in the entity if the exercise of the option would result in a sale as defined in RCW 82.45.010(2). (b) The disclosure requirement in this subsection only applies to entities owning an interest in real property located in this state. (2) This information must be made available to the department of revenue upon request for the purposes of tracking the transfer of the controlling interest in entities owning real property and to determine when the real estate excise tax is applicable in such cases. (3) For the purposes of this section, "controlling interest" has the same meaning as provided in RCW 82.45.033. [2010 1st sp.s. c 23 § 213; 2005 c 326 § 2.] 43.07.390 Effective date—2010 1st sp.s. c 23: See note following RCW 82.32.655. Findings—Intent—2010 1st sp.s. c 23: See notes following RCW 82.04.220. 43.07.400 Domestic partnership registry—Forms— Rules. (1) The state domestic partnership registry is created within the secretary of state’s office. (2)(a) The secretary shall prepare forms entitled "declaration of state registered domestic partnership" and "notice of termination of state registered domestic partnership" to meet the requirements of RCW 26.60.010, 26.60.020, 26.60.030, and 26.60.070. (b) The "declaration of state registered domestic partnership" form must contain a statement that registration may affect property and inheritance rights, that registration is not a substitute for a will, deed, or partnership agreement, and that any rights conferred by registration may be completely superseded by a will, deed, or other instrument that may be executed by either party. The form must also contain instructions on how the partnership may be terminated. (c) The "notice of termination of state registered domestic partnership" form must contain a statement that termination may affect property and inheritance rights, including beneficiary designations, and other agreements, such as the appointment of a state registered domestic partner as an attorney-in-fact under a power of attorney. (3) The secretary shall distribute these forms to each county clerk. These forms shall be available to the public at the secretary of state’s office, each county clerk, and on the internet. (4) The secretary shall adopt rules necessary to implement the administration of the state domestic partnership registry. [2007 c 156 § 3.] 43.07.400 [Title 43 RCW—page 48] 43.07.900 43.07.900 Transfer of powers, duties, and functions—Legislative oral history program. (1) All powers, duties, and functions of the secretary of state pertaining to the legislative oral history program are transferred to the secretary of the senate and the chief clerk of the house of representatives. All references to the secretary of state or the office of the secretary of state in the Revised Code of Washington shall be construed to mean the secretary of the senate and the chief clerk of the house of representatives when referring to the functions transferred in this section. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the secretary of state pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the secretary of the senate and the chief clerk of the house of representatives. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the secretary of the senate and the chief clerk of the house of representatives. (b) Any appropriations made to the secretary of state for carrying out the powers, functions, and duties transferred shall, on June 12, 2008, be transferred and credited to the secretary of the senate and the chief clerk of the house of representatives. (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All rules and all pending business before the secretary of state pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the secretary of the senate and the chief clerk of the house of representatives. All existing contracts and obligations shall remain in full force and shall be performed by the secretary of the senate and the chief clerk of the house of representatives. (4) The transfer of the powers, duties, functions, and personnel of the secretary of state shall not affect the validity of any act performed before June 12, 2008. (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law. (7) The secretary of the senate and the chief clerk of the house of representatives will determine location and staff reporting for the program. [2008 c 222 § 9.] Purpose—2008 c 222: See note following RCW 44.04.320. (2010 Ed.) State Treasurer Chapter 43.08 Chapter 43.08 RCW STATE TREASURER 43.08.062 43.08.064 43.08.066 43.08.068 43.08.070 43.08.080 43.08.090 43.08.100 43.08.110 43.08.120 43.08.130 43.08.135 43.08.140 43.08.150 43.08.160 43.08.180 43.08.190 43.08.200 43.08.250 43.08.280 43.08.290 43.08.300 Highway funds generally, treasurer’s powers and duties relating to: Chapter 47.08 RCW. Investment accounting: RCW 43.33A.180. Sections 43.08.010 43.08.015 43.08.020 43.08.030 43.08.040 43.08.050 43.08.060 43.08.061 Chapter 43.08 General duties. Cash management duties. Residence—Bond—Oath. Seal. Administration of oaths. Records and accounts—Public inspection. Duplicate receipts. Warrants—Public printer to print—Retention of redeemed warrants. Warrants—Presentation—Cancellation. Lost or destroyed warrants, instruments, or other evidence of indebtedness—Issuing officer to issue duplicate. Lost or destroyed warrants, instruments, or other evidence of indebtedness—Conditions on issuance. Lost or destroyed warrants, instruments, or other evidence of indebtedness—Records to be kept—Cancellation of originals—Notice. Warrants—Indorsement—Interest—Issuance of new warrants. Call of warrants. Fiscal agent for state. Fiscal agent for state—Duties of fiscal agent. Fiscal agent for state—Fiscal agent’s receipts. Assistant—Deputies—Responsibility for acts. Wilful refusal to pay warrants—Exceptions—Recovery. Cash or demand deposits—Duty to maintain—RCW 9A.56.060(1) not deemed violated, when. Embezzlement—Penalty. Monthly financial report on funds and accounts. Monthly financial report—Report to be printed. Cashing checks, drafts, and state warrants—Discretionary— Conditions—Procedure upon dishonor. State treasurer’s service fund—Creation—Purpose. State treasurer’s service fund—Expenditure limitation. Money received by treasurer from certain court actions—Use. Statewide custody contract for local governments and institutions of higher education. City-county assistance account—Use and distribution of funds. Public deposit protection—Report. Acquisition of highway property in advance of programmed construction, treasurer’s duties relating to: Chapter 47.12 RCW. Actions against state on warrant appearing to be redeemed: RCW 4.92.200. Advances: Chapter 42.26 RCW. Bonds, notes, and other evidences of indebtedness, treasurer’s duties: Chapter 39.42 RCW. Budget and accounting system, powers and duties: RCW 43.88.160. Centennial document preservation and modernization account: RCW 36.22.170. Council for children and families, depository for: RCW 43.121.100. Document preservation in counties, treasurer’s duties: RCW 36.22.170 through 36.22.190. Investment board member: RCW 43.33A.020. Judges’ retirement fund, duties concerning: RCW 2.12.050 and 2.12.060. Liquor revolving fund, custody of: RCW 66.08.170. Misappropriation of funds, penalty: RCW 42.20.090. Motor vehicle dealers’ licenses, treasurer’s powers and duties relating to: Chapter 46.70 RCW. responsibility act, treasurer’s duties under: Chapter 46.29 RCW. revenue, treasurer’s powers and duties relating to: Chapter 46.68 RCW. transporters’ licensing, treasurer’s powers and duties relating to: Chapter 46.76 RCW. Oath of office: RCW 43.01.020, 43.08.020. Obsolete funds and accounts—List provided to the office of financial management and legislative committees: RCW 43.79.018. Obstructions on highway right-of-way, treasurer’s duties relating to: RCW 47.32.060. Off-road and nonhighway vehicles, treasurer’s duties: RCW 46.09.030, 46.09.170. Payments from, judgments against state: RCW 4.92.040. Public employees’ retirement, statement concerning: RCW 41.50.260, 41.50.265. Public funds accounting for: RCW 43.88.160. classification by fund or account: RCW 43.88.160. disbursement by warrant or check: RCW 43.88.160. receipt and keeping of: RCW 43.88.160. revolving funds, custody over: RCW 43.88.190. Public utility districts, privilege taxes, duties in regard to: RCW 54.28.040. Puget Sound ferry and toll bridge system, treasurer’s powers and duties relating to: Chapter 47.60 RCW. Purchase of bridges or ferries by department of transportation, treasurer’s powers and duties relating to: RCW 47.56.050. Records and accounts to be kept at seat of government: State Constitution Art. 3 § 24. Residence must be at seat of government: State Constitution Art. 3 § 24. Salary, amount of: State Constitution Art. 3 § 19, Art. 28 § 1; RCW 43.03.010. Snowmobile act, treasurer’s duties: Chapter 46.10 RCW. State canvassing board member: RCW 29A.60.240. State finance committee chair: RCW 43.33.040. member: RCW 43.33.010. Drivers’ training schools, treasurer’s powers and duties relating to: Chapter 46.82 RCW. State trade fair fund, horse racing moneys: RCW 43.31.805. Duties: State Constitution Art. 3 § 19. Surplus funds, investment program: Chapter 43.86A RCW. Election: State Constitution Art. 3 § 1. Term of office: State Constitution Art. 3 § 3; RCW 43.01.010. Eminent domain by state, warrant to pay damages and costs to court: RCW 8.04.160. Toll bridges, improvement of existing bridge and construction of new bridge as single project, treasurer’s powers and duties relating to: Chapter 47.58 RCW. Ex officio treasurer of judges’ retirement fund: RCW 2.12.010. Fair fund, horse racing moneys: RCW 15.76.115. Fire insurance premium funds, distribution of, duties: RCW 41.16.050. For-hire motor vehicle certificates and operators’ permits, treasurer’s powers and duties relating to: Chapter 46.72 RCW. Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020. Funds from franchises across bridges jointly owned or operated, treasurer to deposit into proper fund: RCW 47.44.040. Gambling commission, payments for costs of audit: RCW 9.46.060. Gambling revolving fund, treasurer as custodian: RCW 9.46.100. (2010 Ed.) Succession to governorship: State Constitution Art. 3 § 10. Vehicle wreckers’ licensing, treasurer’s powers and duties relating to: Chapter 46.80 RCW. Vocational rehabilitation funds, custodian of: RCW 74.29.050. Volunteer firefighters’ board of trustees, report, duties: RCW 41.24.070. Warrants or checks, unlawful to issue except upon forms prescribed by director of financial management: RCW 43.88.160. Washington State University bonds and securities, annual report to regents: RCW 28B.30.300. receiving agent for federal aid to: RCW 28B.30.270. [Title 43 RCW—page 49] 43.08.010 Title 43 RCW: State Government—Executive 43.08.010 General duties. The state treasurer shall: (1) Receive and keep all moneys of the state in the manner provided in RCW 43.88.160, as now or hereafter amended; (2) Disburse the public moneys only upon warrants or checks drawn upon the treasurer in the manner provided by law; (3) Account for moneys in the manner provided by law; (4) Render accounts in the manner provided by law; (5) Indorse on each warrant when required by law, the date of payment, the amount of the principal, and the interest due on that date; (6) Report annually to the legislature a detailed statement of the condition of the treasury, and of its operations for the preceding fiscal year; (7) Give information, in writing, to either house of the legislature, whenever required, upon any subject connected with the treasury, or touching any duty of his or her office; (8) Account for and pay over all moneys on hand to his or her successor in office, and deliver all books, vouchers, and effects of office to him or her, who shall receipt therefor; (9) Upon payment of any warrant, or check, take upon the back thereof the indorsement of the person to whom it is paid. [2009 c 549 § 5031; 1977 c 75 § 38; 1965 c 8 § 43.08.010. Prior: 1890 p 642 § 1; RRS § 11019; prior: 1886 p 134 § 2; 1871 p 77 § 2; 1864 p 52 § 3; 1854 p 413 § 3.] 43.08.010 Budget and accounting system, powers and duties: RCW 43.88.160. 43.08.015 Cash management duties. Within the policies and p roced ures established purs uan t to RCW *43.41.110(13) and 43.88.160(1), the state treasurer shall take such actions as are necessary to ensure the effective cash management of public funds. This cash management shall include the authority to represent the state in all contractual relationships with financial institutions. The state treasurer may delegate cash management responsibilities to the affected agencies with the concurrence of the office of financial management. [1993 c 500 § 3.] 43.08.030 Seal. The treasurer shall keep a seal of office for the authentication of all papers, writings, and documents required to be certified by him or her. [2009 c 549 § 5033; 1965 c 8 § 43.08.030. Prior: 1890 p 643 § 6; RRS § 11025; prior: 1886 p 135 § 6; 1871 p 78 § 6; 1864 p 53 § 7; 1854 p 414 § 7.] 43.08.030 43.08.040 Administration of oaths. The treasurer may administer all oaths required by law in matters pertaining to the duties of his or her office. [2009 c 549 § 5034; 1965 c 8 § 43.08.040. Prior: 1890 p 643 § 5; RRS § 11024; prior: 1886 p 135 § 5; 1871 p 78 § 5; 1864 p 53 § 6; 1854 p 414 § 6.] 43.08.040 43.08.050 Records and accounts—Public inspection. All the books, papers, letters, and transactions pertaining to the office of treasurer shall be open for the inspection of a committee of the legislature to examine or settle all accounts, and to count all money; and to the inspection of the public generally during office hours; and when the successor of any treasurer is elected and qualified, the state auditor shall examine and settle all the accounts of the treasurer remaining unsettled, and give him or her a certified statement showing the balance of moneys, securities, and effects for which he or she is accountable, which have been delivered to his or her successor, and report the same to the legislature. [2009 c 549 § 5035; 1965 c 8 § 43.08.050. Prior: 1890 p 643 § 3; RRS § 11023; prior: 1886 p 134 § 3; 1864 p 53 § 4; 1854 p 414 § 4.] 43.08.050 Public records, budget and accounting system: RCW 43.88.200. 43.08.015 *Reviser’s note: RCW 43.41.110 was amended by 2002 c 332 § 23, changing subsection (13) to subsection (14). Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180. 43.08.060 Duplicate receipts. All persons required by law to pay any moneys into the state treasury, or to transmit any public funds to the state treasurer on state accounts, shall, at the time of making such payments or transmissions specify the amount and date of such payment, and for what particular fund or account. For all sums of money so paid the state treasurer shall forthwith give duplicate receipts in accordance with the rules and regulations promulgated by the office of financial management as authorized by RCW 43.88.160(1). [1979 c 151 § 89; 1977 c 16 § 1; 1965 c 8 § 43.08.060. Prior: 1890 p 643 § 4; RRS § 5504; prior: 1886 p 134 § 4; 1871 p 78 § 4; 1864 p 53 § 5; 1854 p 414 § 5.] 43.08.060 43.08.061 Warrants—Public printer to print— Retention of redeemed warrants. The public printer shall print all state treasury warrants for distribution as directed by the state treasurer. All warrants redeemed by the state treasurer shall be retained for a period of one year, following their redemption, after which they may be destroyed without regard to the requirements imposed for their destruction by chapter 40.14 RCW. [1993 c 38 § 1; 1981 c 10 § 1; 1975 c 48 § 2.] 43.08.061 43.08.020 Residence—Bond—Oath. The state treasurer shall reside and keep his or her office at the seat of government. Before entering upon his or her duties, he or she shall execute and deliver to the secretary of state a bond to the state in a sum of not less than five hundred thousand dollars, to be approved by the secretary of state and one of the justices of the supreme court, conditioned to pay all moneys at such times as required by law, and for the faithful performance of all duties required of him or her by law. He or she shall take an oath of office, to be indorsed on his or her commission, and file a copy thereof, together with the bond, in the office of the secretary of state. [2009 c 549 § 5032; 1972 ex.s. c 12 § 1. Prior: 1971 c 81 § 108; 1971 c 14 § 1; 1965 c 8 § 43.08.020; prior: 1890 p 642 § 2; RRS § 11022; prior: 1886 p 133 § 1; 1881 p 18 § 1; 1871 p 76 § 1; 1864 p 51 § 2; 1854 p 413 § 2.] 43.08.020 [Title 43 RCW—page 50] Actions against state on redeemed warrants, time limitation: RCW 4.92.200. 43.08.062 Warrants—Presentation—Cancellation. Should the payee or legal holder of any warrant drawn against the state treasury fail to present the warrant for payment within one hundred eighty days of the date of its issue or, if registered and drawing interest, within one hundred 43.08.062 (2010 Ed.) State Treasurer eighty days of its call, the state treasurer shall enter the same as canceled on the books of his or her office. Should the payee or legal owner of such a canceled warrant thereafter present it for payment, the state treasurer may, upon proper showing by affidavit and the delivery of the warrant into his or her possession, issue a new warrant in lieu thereof, and the state treasurer is authorized to pay the new warrant. [2009 c 549 § 5036; 1986 c 99 § 1; 1981 c 10 § 2; 1965 c 8 § 43.08.062. Prior: 1890 p 638 § 13; RRS § 11008; prior: 1883 p 61 § 1. Formerly RCW 43.09.100.] 43.08.090 cancellation of the original instrument and immediately notify the state treasurer, the state auditor, and all trustees and paying agents authorized to redeem such instruments on behalf of the state of Washington, of such cancellation. The treasurer shall keep a similar list of all warrants, bonds or other instruments so canceled. [2009 c 549 § 5038; 1965 ex.s. c 61 § 3; 1965 c 8 § 43.08.068. Prior: 1890 p 640 § 17; RRS § 11012; prior: 1888 p 236 § 3. Formerly RCW 43.09.130.] 43.08.070 Warrants—Indorsement—Interest—Issuance of new warrants. Upon the presentation of any state warrant to the state treasurer, if there is not sufficient money then available in the appropriate fund with which to redeem all warrants drawn against such fund which the treasurer anticipates will be presented for payment during the current business day, he or she may endorse on the warrant, "Not paid for want of funds," with the day and date of presentation, and the warrant shall draw legal interest from and including that date until five days from and after being called for payment in accordance with RCW 43.08.080, or until paid, whichever occurs first; or, in the alternative, the treasurer may prepare and register a single new warrant, drawn against the appropriate fund, and exchange such new warrant for one or more warrants not paid for want of funds when presented for payment totaling a like amount but not exceeding one million dollars, which new warrant shall then draw legal interest from and including its date of issuance until five days from and after being called for payment in accordance with RCW 43.08.080, or until paid, whichever occurs first. The legal rate or rates of interest on these warrants shall be established by the state treasurer in accordance with RCW 39.56.030. [2009 c 549 § 5039; 1981 c 10 § 3; 1971 ex.s. c 88 § 2; 1965 c 8 § 43.08.070. Prior: 1869 p 408 § 2; RRS § 5516.] 43.08.070 43.08.064 Lost or destroyed warrants, instruments, or other evidence of indebtedness—Issuing officer to issue duplicate. In case of the loss or destruction of a state warrant for the payment of money, or any bond or other instrument or evidence of indebtedness, issued by any state officer, or agency, such officer, or such agency through its appropriate officer may issue or cause to be issued a duplicate in lieu thereof, bearing the same number, class, or designation in all respects and for the same amount as the original, except that the word duplicate shall plainly appear upon the face of the new instrument in such a manner as to clearly identify it as a duplicate instrument. The duplicate instrument so issued shall be subject in all other respects to the same provisions of law as the original instrument. [1979 ex.s. c 71 § 3; 1975-’76 2nd ex.s. c 77 § 2; 1965 ex.s. c 61 § 1; 1965 c 8 § 43.08.064. Prior: 1890 p 639 § 15; RRS § 11010; prior: 1888 p 236 § 1. Formerly RCW 43.09.110.] 43.08.064 Lost or destroyed evidence of indebtedness issued by local governments: Chapter 39.72 RCW. 43.08.066 Lost or destroyed warrants, instruments, or other evidence of indebtedness—Conditions on issuance. Before a duplicate instrument is issued, the state treasurer or other issuing officer shall require the person making application for its issue to file in his or her office a written affidavit specifically alleging on oath that he or she is the proper owner, payee, or legal representative of such owner or payee of the original instrument, giving the date of issue, the number, amount, and for what services or claim or purpose the original instrument or series of instruments of which it is a part was issued, and that the same has been lost or destroyed, and has not been paid, or has not been received by him or her: PROVIDED, That in the event that an original and its duplicate instrument are both presented for payment as a result of forgery or fraud, the issuing officer shall be the state agency responsible for endeavoring to recover any losses suffered by the state. [2009 c 549 § 5037; 1979 ex.s. c 71 § 4; 1972 ex.s. c 74 § 1; 1971 ex.s. c 54 § 1; 1965 ex.s. c 61 § 2; 1965 c 8 § 43.08.066. Prior: 1890 p 639 § 16; RRS § 11011; prior: 1888 p 236 § 2. Formerly RCW 43.09.120.] 43.08.066 43.08.068 Lost or destroyed warrants, instruments, or other evidence of indebtedness—Records to be kept— Cancellation of originals—Notice. The state treasurer or other issuing officer shall keep a full and complete record of all warrants, bonds or other instruments alleged to have been lost or destroyed, which were issued by such agency, and of the issue of any duplicate therefor; and upon the issuance of any duplicate, the officer shall enter upon his or her books the 43.08.068 (2010 Ed.) Additional notes found at www.leg.wa.gov 43.08.080 Call of warrants. When the state treasurer deems that there is sufficient money in a fund to pay all or part of the registered warrants of such fund, and the warrants are not presented for payment, he or she may advertise at least once in some newspaper published at the seat of government, stating the serial number of the warrants he or she is calling and prepared to pay; and if such warrants are not presented for payment within five days from and after the date of publication of the notice, the warrants shall not then draw any further interest: PROVIDED, That when said fund has a balance in excess of three percent of the preceding monthly warrant issue of said fund, or at any time that the money in the fund exceeds the warrants outstanding, the state treasurer shall similarly advertise a call for all those registered warrants which can be fully paid out of said fund in accordance with their registration sequence. [2009 c 549 § 5040; 1971 ex.s. c 88 § 3; 1965 c 8 § 43.08.080. Prior: 1890 p 644 § 8; RRS § 5517; prior: 1886 p 135 § 9; 1871 p 79 § 9.] 43.08.080 Additional notes found at www.leg.wa.gov 43.08.090 Fiscal agent for state. The state treasurer shall be ex officio the fiscal agent of the state. [1965 c 8 § 43.08.090. Prior: 1891 c 138 § 1; RRS § 5484.] 43.08.090 Fiscal agencies: Chapter 43.80 RCW. [Title 43 RCW—page 51] 43.08.100 Title 43 RCW: State Government—Executive 43.08.100 Fiscal agent for state—Duties of fiscal agent. The fiscal agent of the state shall receive all moneys due the state from any other state or from the federal government, take all necessary steps for the collection thereof, and apply the same to the funds to which they belong. He or she shall collect from time to time all moneys that may accrue to the state by virtue of section 13 of the enabling act, or from any other source not otherwise provided for by law. [2009 c 549 § 5041; 1965 c 8 § 43.08.100. Prior: (i) 1891 c 138 § 2; RRS § 5485. (ii) 1891 c 138 § 4; RRS § 5487.] 43.08.100 43.08.110 Fiscal agent for state—Fiscal agent’s receipts. The fiscal agent shall issue the necessary receipts for all moneys collected, and such receipts shall show the date when paid, the amount, from whom received, and on what account the money was collected. One or more copies of such receipt shall be given to the persons from whom the money was received, and one copy shall be given to the director of financial management. [1979 c 151 § 90; 1965 c 8 § 43.08.110. Prior: 1891 c 138 § 3; RRS § 5486.] 43.08.110 43.08.120 Assistant—Deputies—Responsibility for acts. The state treasurer may appoint an assistant state treasurer, who shall have the power to perform any act or duty which may be performed by the state treasurer, and in case of a vacancy in the office of state treasurer, perform the duties of the office until the vacancy is filled as provided by law. The state treasurer may appoint no more than three deputy state treasurers, who shall have the power to perform any act or duty which may be performed by the state treasurer. The assistant state treasurer and the deputy state treasurers shall be exempt from the provisions of chapter 41.06 RCW and shall hold office at the pleasure of the state treasurer; they shall, before entering upon the duties of their office, take and subscribe, and file with the secretary of state, the oath of office provided by law for other state officers. The state treasurer shall be responsible on his or her official bond for all official acts of the assistant state treasurer and the deputy state treasurers. [2009 c 549 § 5042; 1973 c 10 § 1; 1971 c 15 § 1; 1965 c 8 § 43.08.120. Prior: 1921 c 36 § 1; RRS § 11020.] 43.08.120 43.08.130 Wilful refusal to pay warrants—Exceptions—Recovery. If the state treasurer wilfully refuses to pay except in accordance with the provisions of RCW 43.08.070 or by cash or check any warrant designated as payable in the state treasurer’s office which is lawfully drawn upon the state treasury, or knowingly pays any warrant otherwise than as provided by law, then any person injured thereby may recover by action against the treasurer and the sureties on his or her official bond. [2009 c 549 § 5043; 1972 ex.s. c 145 § 2; 1965 c 8 § 43.08.130. Prior: 1890 p 644 § 7; RRS § 11026; prior: 1886 p 135 § 8; 1871 p 78 § 8; 1864 p 53 § 8; 1854 p 414 § 8.] 43.08.130 to meet the operational needs of state government: PROVIDED, That the state treasurer shall not be considered in violation of RCW 9A.56.060(1) if he or she maintains demand accounts in public depositaries in an amount less than all treasury warrants issued and outstanding. [2009 c 549 § 5044; 1983 c 3 § 100; 1972 ex.s. c 145 § 3.] 43.08.140 Embezzlement—Penalty. If any person holding the office of state treasurer fails to account for and pay over all moneys in his or her hands in accordance with law, or unlawfully converts to his or her own use in any way whatever, or uses by way of investment in any kind of property, or loans without authority of law, any portion of the public money intrusted to him or her for safekeeping, transfer, or disbursement, or unlawfully converts to his or her own use any money that comes into his or her hands by virtue of his or her office, the person is guilty of a class B felony, and upon conviction thereof, shall be imprisoned in a state correctional facility not exceeding fourteen years, and fined a sum equal to the amount embezzled. [2003 c 53 § 224; 1992 c 7 § 40; 1965 c 8 § 43.08.140. Prior: 1890 p 644 § 10; RRS § 11027; prior: 1886 p 105 § 11.] 43.08.140 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Misappropriation of funds: RCW 42.20.070, 42.20.090. 43.08.150 Monthly financial report on funds and accounts. As soon as possible after the close of each calendar month, the state treasurer shall prepare a report as to the state of the general fund and every other fund under his or her control itemized as to: (1) The amount in the fund at the close of business at the end of the preceding month; (2) The amount of revenue deposited or transferred to the credit of each fund during the current month; (3) The amount of withdrawals or transfers from each fund during the current month; and (4) The amount on hand in each fund at the close of business at the end of the current month. One copy of each report shall be provided promptly to those requesting them so long as the supply lasts. The report shall be posted on the official web site of the state treasurer. The report shall also include a graphical display of month end balances, for both the current and previous fiscal year, for the general fund, total funds in the treasury, total funds in the treasurer’s trust fund, and total funds managed by the state treasurer. [2010 c 222 § 2; 2009 c 549 § 5045; 1977 c 75 § 39; 1965 c 8 § 43.08.150. Prior: 1947 c 32 § 1; Rem. Supp. 1947 § 11019-1.] 43.08.150 Intent—2010 c 222: "The legislature recognizes the significant financial benefits realized by the state through consolidated cash management activities. It is the intent of this act to encourage and, when financially advantageous, to expand those activities." [2010 c 222 § 1.] Biennial reports, periods: RCW 43.01.035. Investment of surplus funds, rules and allocations to be published in report: RCW 43.86A.050. Reports, budget and accounting system: RCW 43.88.160. 43.08.135 Cash or demand deposits—Duty to maintain—RCW 9A.56.060(1) not deemed violated, when. The state treasurer shall maintain at all times cash, or demand deposits in qualified public depositaries in an amount needed 43.08.135 [Title 43 RCW—page 52] 43.08.160 Monthly financial report—Report to be printed. The state treasurer shall cause all such reports to be printed as other public documents are printed and the 43.08.160 (2010 Ed.) State Treasurer approval of no other officer of the state shall be necessary in carrying out the purposes of RCW 43.08.150. [1965 c 8 § 43.08.160. Prior: 1947 c 32 § 2; Rem. Supp. 1947 § 110192.] 43.08.180 Cashing checks, drafts, and state warrants—Discretionary—Conditions—Procedure upon dishonor. The state treasurer is hereby authorized, in the treasurer’s discretion and as a service to state officers and employees, and to those known by the treasurer or the treasurer’s staff, to accept in exchange for cash the checks, drafts, or Washington state warrants drawn or endorsed by these authorized persons and presented to the treasurer’s office as meet each of the following conditions: (1) The check or draft must be drawn to the order of cash or bearer and be immediately payable by a drawee financial institution; and (2) The person presenting the check, draft, or Washington state warrant to the treasurer must produce such identification as the treasurer may require. In the event that any check or draft cashed for a state officer or employee by the state treasurer under this section is dishonored by the drawee financial institution when presented for payment, the treasurer is authorized, after notice to the drawer or endorser of the dishonor, to withhold from the drawer’s or endorser’s next state salary warrant the full amount of the dishonored check or draft. [1984 c 74 § 1; 1971 c 5 § 1.] 43.08.180 43.08.190 State treasurer’s service fund—Creation—Purpose. There is hereby created a fund within the state treasury to be known as the "state treasurer’s service fund." Such fund shall be used solely for the payment of costs and expenses incurred in the operation and administration of the state treasurer’s office. Moneys shall be allocated monthly and placed in the state treasurer’s service fund equivalent to a maximum of one percent of the trust and treasury average daily cash balances from the earnings generated under the authority of RCW 43.79A.040 and 43.84.080 other than earnings generated from investment of balances in funds and accounts specified in RCW 43.79A.040(4)(c). The allocation shall precede the distribution of the remaining earnings as prescribed under RCW 43.79A.040 and 43.84.092. The state treasurer shall establish a uniform allocation rate for all funds and accounts; except that the state treasurer may negotiate a different allocation rate with any state agency that has independent authority over funds not statutorily required to be held in the state treasury or in the custody of the state treasurer. In no event shall the rate be less than the actual costs incurred by the state treasurer’s office. If no rate is separately negotiated, the default rate for any funds held shall be the rate set for funds held pursuant to statute. During the 2009-2011 fiscal biennium, the legislature may transfer from the state treasurer’s service fund to the state general fund such amounts as reflect the excess fund balance of the fund. [2010 c 222 § 3; 2009 c 564 § 926; 2008 c 329 § 912; 2005 c 518 § 925; 2003 1st sp.s. c 25 § 916; 1991 sp.s. c 13 § 83; 1985 c 405 § 506; 1973 c 27 § 2.] 43.08.190 Intent—2010 c 222: See note following RCW 43.08.150. (2010 Ed.) 43.08.250 Effective date—2009 c 564: See note following RCW 2.68.020. Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110. Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351. Additional notes found at www.leg.wa.gov 43.08.200 State treasurer’s service fund—Expenditure limitation. All moneys deposited in the state treasurer’s service fund shall be expended only pursuant to legislative appropriation and for the purposes set forth in RCW 43.08.190, 43.08.200, and *43.85.241. [1973 c 27 § 3.] 43.08.200 *Reviser’s note: RCW 43.85.241 was repealed by 1985 c 57 § 90, effective July 1, 1985. 43.08.250 Money received by treasurer from certain court actions—Use. (1) The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the state general fund. (2) The money received by the state treasurer from the increase in fees imposed by sections 9, 10, 12, 13, 14, 17, and 19, chapter 457, Laws of 2005 shall be deposited in the state general fund. It is the intent of the legislature that fifty percent of such money be appropriated to the administrator for the courts for the purposes of contributing to district court judges’ salaries and to eligible elected municipal court judges’ salaries. It is further the intent of the legislature that the balance of such moneys be used to fund criminal indigent defense assistance and enhancement at the trial court level, representation of parents in dependency and termination proceedings, and civil legal representation of indigent persons. [2009 c 479 § 26; 2008 c 329 § 913; 2007 c 522 § 950. Prior: 2005 c 518 § 926; 2005 c 457 § 8; 2005 c 282 § 44; 2003 1st sp.s. c 25 § 918; prior: 2001 2nd sp.s. c 7 § 914; 2001 c 289 § 4; 2000 2nd sp.s. c 1 § 911; 1999 c 309 § 915; 1997 c 149 § 910; 1996 c 283 § 901; 1995 2nd sp.s. c 18 § 912; 1993 sp.s. c 24 § 917; 1992 c 54 § 3; prior: 1991 sp.s. c 16 § 919; 1991 sp.s. c 13 § 25; 1985 c 57 § 27; 1984 c 258 § 338.] 43.08.250 Effective date—2009 c 479: See note following RCW 2.56.030. Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110. Severability—Effective date—2007 c 522: See notes following RCW 15.64.050. Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Intent—2005 c 457: "The legislature recognizes the state’s obligation to provide adequate representation to criminal indigent defendants and to parents in dependency and termination cases. The legislature also recognizes that trial courts are critical to maintaining the rule of law in a free society and that they are essential to the protection of the rights and enforcement of obligations for all. Therefore, the legislature intends to create a dedicated revenue source for the purposes of meeting the state’s commitment to improving trial courts in the state, providing adequate representation to criminal indigent defendants, providing for civil legal services for indigent persons, and ensuring equal justice for all citizens of the state." [2005 c 457 § 1.] Findings—Effective date—2005 c 105: See RCW 2.53.005 and 2.53.900. Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351. [Title 43 RCW—page 53] 43.08.280 Title 43 RCW: State Government—Executive Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110. Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143. Intent—1984 c 258: See note following RCW 3.34.130. Public safety and education assessment: RCW 3.62.090. Additional notes found at www.leg.wa.gov 43.08.280 Statewide custody contract for local governments and institutions of higher education. (1) The state treasurer is authorized to negotiate a statewide custody contract for custody services for local governments and institutions of higher education. The term of the contract shall be for a minimum of four years. (2) The state treasurer shall, as soon as is practical after negotiations have been successfully completed, notify local governments and institutions of higher education that a statewide custody contract has been negotiated. (3) Following such notification, each local government or institution of higher education may, at its option, become a signatory to the statewide contract. Each local government or institution of higher education may only become a signatory to the contract by having its authorized local government official or financial officer and the statewide custodian execute the statewide contract. The contract is between the statewide custodian and the respective local government or institution of higher education. It is the responsibility of the local government official or financial officer to fully understand the terms and conditions of the statewide custody contract prior to its execution, and to ensure those terms and conditions are observed by the statewide custodian during the term of the contract. (4) The state treasurer may adopt rules to implement this section, including, but not limited to, those rules deemed necessary to provide for an orderly transition in the event of a different statewide custodian in a new statewide custody contract. (5) Any statewide custodian who becomes a signatory to the statewide custody contract may be exempted from the requirements of chapter 39.58 RCW for the purposes of this section, based on rules adopted by the public deposit protection commission. (6) For the purposes of this section: (a) "Financial institution" means a bank or trust company chartered and supervised under state or federal law; (b) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any public corporation created by such an entity, which legally possesses and exercises investment authority; (c) "Statewide custody contract" means a contract negotiated between the state treasurer and a financial institution that establishes terms and fees for custody services which are optional to any local government for the term of the contract; (d) "Statewide custodian" means the financial institution with whom the state treasurer has negotiated a statewide custody contract; (e) "Custody services" means services performed by a financial institution such as the settlement, safekeeping, valuation, and market-value reporting of negotiable instruments owned by the local government; 43.08.280 [Title 43 RCW—page 54] (f) "Local government official" means any officer or employee of a local government who has been designated by statute or local charter, ordinance, or resolution as the officer having the authority to invest the funds of the local government. However, the county treasurer is the only local government official for all political subdivisions for which the county treasurer has statutory or contractual authority to invest the funds thereof; (g) "Financial officer" means the board-appointed treasurer of a college, university, community or technical college district, or the state board for community and technical colleges. [1999 c 293 § 2.] Purpose—1999 c 293: "Local governments enter into separate, individual contracts with banks for custody services. The rate and terms which each local government obtains from a given bank sometimes varies widely depending upon the size of the local government’s portfolio, and thus fails to provide all of the state’s taxpayers with the most advantageous rates and terms for such custody services. The purpose of this act is to enable local governments and institutions of higher education, through a statewide custody contract, to collectively obtain the most advantageous rate and terms from a single financial institution for custodial banking services. Under such a statewide custody contract, smaller local governments may receive a higher level of service, while paying lower fees than they might have individually obtained." [1999 c 293 § 1.] Additional notes found at www.leg.wa.gov 43.08.290 City-county assistance account—Use and distribution of funds. (1) The city-county assistance account is created in the state treasury. All receipts from real estate excise tax disbursements provided under RCW 82.45.060 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes provided in this section. (2) Funds deposited in the city-county assistance account must be distributed equally to the cities and counties. (3)(a) Funds distributed to counties must, to the extent possible, increase the sum of revenues under RCW 82.14.030(1) and streamlined sales tax mitigation funds received by each county to the greater of two hundred fifty thousand dollars or: (i) For a county with an unincorporated population of one hundred thousand or less, seventy percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009; and (ii) For a county with an unincorporated population of more than one hundred thousand, sixty-five percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009. (b) For each county with an unincorporated population of fifteen thousand or less, the county must receive the greater of the amount in (a) of this subsection or the amount 43.08.290 (2010 Ed.) State Treasurer received in local government assistance provided by section 716, chapter 276, Laws of 2004. (c) For each county with an unincorporated population of more than fifteen thousand and less than twenty-two thousand, the county must receive in calendar year 2006 and 2007 the greater of the amount provided in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004. (d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all counties as otherwise determined under this subsection must be ratably reduced. (e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds must be divided ratably based upon unincorporated population among those counties receiving funds under this subsection and imposing the tax authorized under RCW 82.14.030(2) at the maximum rate. (4)(a) For each city with a population of five thousand or less with a per capita assessed property value less than twice the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city must receive the greater of the following three amounts: (i) An amount necessary to increase the sum of revenues under RCW 82.14.030(1) and streamlined sales tax mitigation funds received by a city up to fifty-five percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009. (ii) The amount received in local government assistance provided for fiscal year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess. (iii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city’s per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city’s population. (b) For each city with a population of more than five thousand with a per capita assessed property value less than the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city must receive the greater of the following two amounts: (i) An amount necessary to increase the sum of revenues under RCW 82.14.030(1) and streamlined sales tax mitigation funds received by a city up to fifty percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009. (2010 Ed.) 43.08.290 (ii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city’s per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city’s population. (c) No city may receive an amount greater than one hundred thousand dollars a year under (a) or (b) of this subsection. (d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all cities as otherwise determined under this subsection must be ratably reduced. (e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds must be divided ratably based upon population among those cities receiving funds under this subsection and imposing the tax collected under RCW 82.14.030(2) at the maximum rate. (f) This subsection only applies to cities incorporated before August 1, 2005. (5) The two hundred fifty thousand dollar amount in subsection (3) of this section and the one hundred thousand dollar amount in subsection (4) of this section must be increased each year beginning in calendar year 2006 by inflation as defined in RCW 84.55.005, as determined by the department of revenue. (6)(a) Distributions under subsections (3) and (4) of this section must be made quarterly beginning on October 1, 2005, based on population as last determined by the office of financial management. The department of revenue must certify the amounts to be distributed under this section by the state treasurer. The certification must be made by October 1, 2005, for the October 1, 2005, distribution and the January 1, 2006, distribution, based on calendar year 2004 department of revenue distributions of sales and use taxes authorized under RCW 82.14.030(1). The certification must be made by March 1, 2006, for distributions beginning April 1, 2006, by March 1, 2007, for distributions beginning April 1, 2007, and by March 1, 2008, for distributions beginning April 1, 2008. The March 1st certification must be used for distributions occurring on April 1st, July 1st, and October 1st of the year of certification and on January 1st of the year following certification. (b) By March 1, 2009, the department of revenue must certify the amounts to be distributed under this section on April 1, 2009, July 1, 2009, and October 1, 2009. The certification must be based on calendar year 2008 department of revenue distributions of sales and use taxes authorized under RCW 82.14.030(1), and the population as last determined by the office of financial management. (c) By October 1, 2009, the department of revenue must certify the amounts to be distributed under this section on January 1, 2010, April 1, 2010, July 1, 2010, and October 1, 2010. The certification must be based on department of revenue distributions in fiscal year 2009 of sales and use taxes authorized under RCW 82.14.030(1), streamlined sales tax mitigation data for mitigation distributions authorized under RCW 82.14.495 made December 2008 through September [Title 43 RCW—page 55] 43.08.300 Title 43 RCW: State Government—Executive 2009, and population as last determined by the office of financial management. (d) By September 1, 2010, and September 1st of every year thereafter, the department of revenue must make available a preliminary certification of the amounts to be distributed under this section on January 1st, April 1st, July 1st, and October 1st of the year immediately following certification. By October 1, 2010, and October 1st of every year thereafter, the department must finalize the certification. Once finalized, no changes may be made to the certification for any reason. Certifications must be based on distributions of sales and use taxes imposed under RCW 82.14.030(1) made by the department of revenue in the fiscal year that ended during the calendar year of certification, streamlined sales tax mitigation data for mitigation distributions authorized under RCW 82.14.495 made in the fiscal year that ended during the calendar year of certification, and population as last determined by the office of financial management. (7) All distributions to local governments from the citycounty assistance account constitute increases in state distributions of revenue to political subdivisions for purposes of state reimbursement for the costs of new programs and increases in service levels under RCW 43.135.060, including any claims or litigation pending against the state on or after January 1, 2005. (8) As used in this section, "streamlined sales tax mitigation funds" means an amount determined by the department of revenue equal to the actual mitigation distribution amount under RCW 82.14.495 received by a jurisdiction in four consecutive calendar quarters, less the mitigation distribution amount that would have been received by the jurisdiction during the same four calendar quarters had mitigation been calculated without the local sales tax authorized under RCW 82.14.030(1). If the difference is a negative amount or if a jurisdiction does not receive any mitigation distribution during the applicable four calendar quarters, then "streamlined sales tax mitigation funds" is zero. [2009 c 127 § 1; 2005 c 450 § 2.] Application—2009 c 127: "This act applies both prospectively and retroactively to March 1, 2009." [2009 c 127 § 2.] Effective date—2005 c 450: See note following RCW 82.45.060. 43.08.300 Public deposit protection—Report. By December 1, 2009, and each December 1st thereafter, the office of the state treasurer shall report to the legislature actions taken by the public deposit protection commission and the state treasurer regarding public deposit protection. [2009 c 9 § 18.] 43.08.300 Effective date—2009 c 9: See note following RCW 39.58.010. Chapter 43.09 Chapter 43.09 RCW STATE AUDITOR Sections GENERALLY 43.09.010 43.09.020 43.09.025 43.09.035 43.09.045 43.09.050 43.09.055 Residence—Office—Bond—Oath. Auditor of public accounts. Deputy auditors—Assistant directors. Assistants—Personnel. Contracts with certified public accountants. General duties of auditor. Audit of entities with state contracts or grants—Costs. [Title 43 RCW—page 56] 43.09.065 43.09.165 43.09.170 43.09.180 43.09.185 43.09.186 Audit of entities with state contracts or grants—Report regarding criminal misuse of public moneys. Subpoenas—Compulsory process—Witnesses—Oaths—Testimony—Penalty. May administer oaths. Seal—Copies of documents as evidence. Loss of public funds—Illegal activity—Report to state auditor’s office. Toll-free efficiency hotline—Duties—Annual overview and update. LOCAL GOVERNMENT ACCOUNTING 43.09.200 43.09.205 43.09.210 43.09.220 43.09.230 43.09.240 43.09.245 43.09.260 43.09.265 43.09.270 43.09.280 43.09.2801 43.09.281 43.09.282 43.09.285 43.09.2851 43.09.2853 43.09.2855 Local government accounting—Uniform system of accounting. Local government accounting—Costs of public works—Standard form. Local government accounting—Separate accounts for each fund or activity—Exemption for agency surplus personal property. Local government accounting—Separate accounts for public service industries. Local government accounting—Annual reports—Comparative statistics. Local government accounting—Public officers and employees—Duty to account and report—Removal from office— Deposit of collections. Local government accounting—Examination of financial affairs. Local government accounting—Examination of local governments—Reports—Action by attorney general. Local government accounting—Review of tax levies of local governments. Local government accounting—Expense of audit, what constitutes. Local government accounting—Expense of examination. Local government accounting—Expense of audit—Additional charge. Appeal procedure to be adopted—Inclusion of number and disposition of appeals in annual report. Local government accounting—Municipal revolving account—Records of auditing costs. Joint operations by municipal corporations or political subdivisions—Deposit and control of funds. Repayment of amounts charged to another fund within same political subdivision to be credited to original fund or appropriation—Expenditure. Municipal corporations authorized to establish line of credit for payment of warrants—Interest. Local governments—Use of credit cards. AGENCY AUDITS 43.09.290 43.09.310 43.09.330 43.09.340 43.09.410 43.09.412 43.09.414 43.09.416 43.09.418 43.09.420 43.09.430 43.09.435 43.09.440 43.09.445 43.09.450 43.09.455 43.09.460 43.09.470 43.09.471 43.09.475 Post-audit of state agencies—Definitions. Audit of statewide combined financial statements—Postaudits of state agencies—Periodic audits—Reports—Filing. Audit disclosing malfeasance or nonfeasance—Action by attorney general. Post-audit of books of state auditor. Auditing services revolving account—Created—Purpose. Auditing services revolving account—Transfers and payments into account—Allotments to state auditor. Auditing services revolving account—Disbursements. Auditing services revolving account—Allocation of costs to funds, accounts, and agencies—Billing rate. Auditing services revolving account—Direct payments from state agencies. Audit of revolving, local, and other funds and accounts. Performance audits—Definitions. Performance audits—Citizen advisory board. Performance audits—Collaboration with joint legislative audit and review committee—Criteria—Statewide performance review—Contracting out—Release of audit reports. Performance audits—Local jurisdictions. Performance audits—Audit of performance audit program. Performance audits—Follow-up and corrective action— Progress reports. Performance audits—Appropriation—Budget request. Comprehensive performance audits—Scope—Reports. Short title—Effective date—2006 c 1 (Initiative Measure No. 900). Performance audits of government account. Attorney general, report of irregularities to: RCW 43.88.160. Audits (2010 Ed.) State Auditor 43.09.045 agricultural marketing agreements and orders: RCW 15.65.490. apple commission: RCW 15.24.070. beef commission: RCW 16.67.090. budget and accounting act, post-audit duties: RCW 43.88.160. commodity commissions: RCW 15.66.140. community economic revitalization board: RCW 43.160.090. gambling commission: RCW 9.46.060. hardwoods commission: RCW 15.74.040. health sciences and services authorities records: RCW 35.104.060. honey bee commission: RCW 15.62.040. housing finance commission: RCW 43.180.050. irrigation district records: RCW 87.68.100. liquor control board: RCW 66.08.024. lottery: RCW 67.70.290. migratory waterfowl art committee: RCW 77.12.690. port districts: RCW 53.36.150. public works projects: RCW 43.155.080. social and health services, department of: RCW 74.04.270. state association of elected county officials: RCW 36.47.060. state fruit commission: RCW 15.28.110. Washington public port association: RCW 53.06.060. wine commission: RCW 15.88.070. Studies and adoption of classifications for school district budgets—Publication: RCW 28A.300.060. Cities and towns budget forms, preparation of: RCW 35.33.111. involuntary dissolution of, petition by: RCW 35.07.230. self-insurance, state audit: RCW 48.62.031. street expenditures, accounting and reporting system: RCW 35.76.020. supervision of budgets: RCW 35.33.111. 43.09.010 Residence—Office—Bond—Oath. The state auditor shall reside and keep his or her office at the seat of government. Before entering upon his or her duties he or she shall execute and deliver to the secretary of state a bond to the state in the sum of fifty thousand dollars, to be approved by the governor, conditioned for the faithful performance of all duties required by law. He or she shall take an oath of office before any person authorized to administer oaths, and file a copy thereof, together with the required bond, in the office of the secretary of state. [1995 c 301 § 1; 1965 c 8 § 43.09.010. Prior: 1890 p 634 § 1; RRS § 10996; prior: Code 1881 § 2566; 1871 p 96 § 1; 1854 p 409 § 2.] City streets as part of state highway system certified to: RCW 47.24.010. Commodity commission’s annual report to: RCW 15.66.140. Constitutional duties: State Constitution Art. 3 § 20. Cost bills in felony cases, audit of, duties: RCW 10.46.230. County auditors, ex officio deputy state auditor: RCW 36.22.140. County budgets, rules, classifications, and forms: RCW 36.40.220. Disbursement of public funds, duties transferred to treasurer: RCW 43.88.210. Educational service district superintendents, employees—Traveling expenses and subsistence—Auditor’s duties: RCW 28A.310.320. Eminent domain by state immediate possession proceedings: RCW 8.04.090. payment of damages and costs to court: RCW 8.04.160. Highway construction bonds and warrants, auditor to sign: Chapter 47.10 RCW. Highway funds generally, auditor’s powers and duties: Chapter 47.08 RCW. Succession: State Constitution Art. 3 § 10. Term of office: State Constitution Art. 3 § 3; RCW 43.01.010. Toll bridges bonds, auditor to sign: RCW 47.56.140. improvement of existing bridge and construction of new bridge as single project, auditor’s powers and duties relating to: Chapter 47.58 RCW. Tort claims against state or its agents, filing with: RCW 4.92.100. Vehicle safety equipment commission, inspection of accounts: RCW 46.38.080. Volunteer firefighters, forms for administration of fund provided to: RCW 41.24.070. Warrants administrator for the courts: RCW 2.56.090. disbursement of public moneys, duties transferred: RCW 43.88.210. GENERALLY 43.09.010 43.09.020 Auditor of public accounts. The auditor shall be auditor of public accounts, and shall have such powers and perform such duties in connection therewith as may be prescribed by law. [1989 c 140 § 1; 1965 c 8 § 43.09.020. Prior: 1890 p 635 § 2; RRS § 10997; prior: Code 1881 § 2567; 1871 p 97 § 4; 1854 p 409 § 3.] 43.09.020 Budget and accounting system, powers and duties: RCW 43.88.160. Fiscal records open to public: RCW 43.88.200. Impeachment, liability to: State Constitution Art. 5 § 2. Industrial insurance, funds, disbursement: RCW 51.44.110. Justice and inferior courts act of 1961, financial records prescribed by: RCW 3.30.070. Legislature information furnished to: RCW 43.88.160. reports to of post-audit and financial affairs: RCW 43.88.160. Oath of office: RCW 43.01.020. Port districts, toll facilities, bonds and notes: RCW 53.34.140. Post-audit duties: RCW 43.88.160. Public assistance accounting duties: RCW 74.04.270. Public blanks used in counties, prescribed by: RCW 36.72.080. Puget Sound ferry and toll bridge system, auditor’s powers and duties relating to: Chapter 47.60 RCW. Purchase of bridges or ferries by department of transportation, auditor’s powers and duties relating to: RCW 47.56.050. Records committee, to appoint a member of: RCW 40.14.050. Residence requirement: State Constitution Art. 3 § 24. 43.09.025 Deputy auditors—Assistant directors. The state auditor may appoint deputies and assistant directors as necessary to carry out the duties of the office of the state auditor. These individuals serve at the pleasure of the state auditor and are exempt from the provisions of chapter 41.06 RCW as stated in *RCW 41.06.070(1)(y). [1995 c 301 § 2.] 43.09.025 *Reviser’s note: RCW 41.06.070 was amended by 1995 c 163 § 1, changing subsection (1)(y) to subsection (1)(x); was subsequently amended by 2002 c 354 § 209, changing subsection (1)(x) to subsection (1)(w); and was subsequently amended by 2009 c 33 § 36, changing subsection (1)(w) to subsection (1)(x). 43.09.035 Assistants—Personnel. The state auditor may appoint and employ other assistants and personnel necessary to carry out the work of the office of the state auditor. [1995 c 301 § 3.] 43.09.035 43.09.045 Contracts with certified public accountants. The state auditor may contract with public accountants certified in Washington to carry out those portions of the 43.09.045 Salary, amount of: State Constitution Art. 3 § 20, Art. 28 § 1; RCW 43.03.010. Steam electric generating plants bond issues, duties as to: RCW 43.21A.630. (2010 Ed.) [Title 43 RCW—page 57] 43.09.050 Title 43 RCW: State Government—Executive duties of auditing state agencies and local governments as the state auditor may determine. [1995 c 301 § 4.] 43.09.050 General duties of auditor. The auditor shall: (1) Except as otherwise specifically provided by law, audit the accounts of all collectors of the revenue and other holders of public money required by law to pay the same into the treasury; (2) In his or her discretion, inspect the books of any person charged with the receipt, safekeeping, and disbursement of public moneys; (3) Investigate improper governmental activity under chapter 42.40 RCW; (4) Inform the attorney general in writing of the necessity for the attorney general to direct prosecutions in the name of the state for all official delinquencies in relation to the assessment, collection, and payment of the revenue, against all persons who, by any means, become possessed of public money or property, and fail to pay over or deliver the same, and against all debtors of the state; (5) Give information in writing to the legislature, whenever required, upon any subject relating to the financial affairs of the state, or touching any duties of his or her office; (6) Report to the director of financial management in writing the names of all persons who have received any moneys belonging to the state, and have not accounted therefor; (7) Authenticate with his or her official seal papers issued from his or her office; (8) Make his or her official report annually on or before the 31st of December. [1992 c 118 § 6; 1979 c 151 § 91. Prior: 1977 ex.s. c 144 § 7; 1977 c 75 § 40; 1971 ex.s. c 170 § 1; 1965 c 8 § 43.09.050; prior: 1890 p 636 § 5; RRS § 11001; prior: Code 1881 § 2570; 1854 p 410 § 5.] 43.09.050 Advances: Chapter 42.24 RCW. Information to legislature: RCW 43.88.160. Investigations of improper governmental actions—Protection of employee disclosures: Chapter 42.40 RCW. Post-audit duties: RCW 43.88.160. Powers and duties, budget and accounting system: RCW 43.88.160. Report of irregularities to attorney general: RCW 43.88.160. Report to legislature: RCW 43.88.160. Additional notes found at www.leg.wa.gov 43.09.055 Audit of entities with state contracts or grants—Costs. The state auditor may, where there is reasonable cause to believe that a misuse of state moneys has occurred, conduct an audit of financial and legal compliance of any entity that receives public moneys through contract or grant in return for services. This authority includes examinations of not-for-profit corporations who provide personal services to a state agency or to clients of a state agency. Such a financial audit shall be performed in a manner consistent with this chapter, and may be performed according to an agreed upon procedures engagement as in the existing 1998 standards of the American institute of certified public accountants professional standards section 600. The state auditor may charge the contracting agency, whether state or local, for the costs of an audit of a not-forprofit corporation that receives public moneys through con43.09.055 [Title 43 RCW—page 58] tract or grant in return for services. Any contracting agency that is responsible to the state auditor for such costs shall use due diligence to recover costs from the audited entity. [1998 c 232 § 3.] Findings—Intent—1998 c 232: "The legislature finds that the state auditor lacks the needed authority to investigate the finances of state nongovernmental contractors. The legislature further finds that current contract oversight and management procedures cannot ensure that services under contract are delivered effectively and efficiently. Therefore, the legislature intends to enhance the authority of the state auditor to audit entities that provide services to the state or its clients under contract with state agencies." [1998 c 232 § 1.] 43.09.065 Audit of entities with state contracts or grants—Report regarding criminal misuse of public moneys. If after a financial audit of an entity that receives public moneys under contract or grant in return for services, there is reasonable cause to believe that a criminal misuse of public moneys has occurred, the office of the state auditor, within thirty days from receipt of the report, shall deliver a copy of the report to the appropriate local prosecuting authority. [1998 c 232 § 4.] 43.09.065 Findings—Intent—1998 c 232: See note following RCW 43.09.055. 43.09.165 Subpoenas—Compulsory process—Witnesses—Oaths—Testimony—Penalty. (1) The state auditor, his or her employees and every person legally appointed to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated time and place, and may administer oaths. (2) When any person summoned to appear and give testimony neglects or refuses to do so, or neglects or refuses to answer any question that may be put to him or her touching any matter under examination, or to produce any books or papers required, the person making such examination shall apply to a superior court judge of the proper county to issue a subpoena for the appearance of such person before him or her; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him or her to give testimony; and if any person so summoned fails to appear, or appearing, refuses to testify, or to produce any books or papers required, he or she shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. (3) Willful false swearing in any such examination is perjury under chapter 9A.72 RCW. [2003 c 53 § 225; 1995 c 301 § 5.] 43.09.165 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 43.09.170 May administer oaths. The state auditor may administer all oaths required by law in matters pertaining to the duties of his or her office. [1995 c 301 § 6; 1965 c 8 § 43.09.170. Prior: 1890 p 641 § 23; RRS § 11017; prior: Code 1881 § 2586.] 43.09.170 43.09.180 Seal—Copies of documents as evidence. The state auditor shall keep a seal of office for the identification of all papers, writings, and documents required by law to be certified by him or her, and copies authenticated and certi43.09.180 (2010 Ed.) State Auditor fied of all papers and documents lawfully deposited in his or her office shall be received in evidence with the same effect as the originals. [1995 c 301 § 7; 1965 c 8 § 43.09.180. Prior: 1890 p 641 § 24; RRS § 11018; prior: Code 1881 § 2587.] 43.09.185 43.09.185 Loss of public funds—Illegal activity— Report to state auditor’s office. State agencies and local governments shall immediately report to the state auditor’s office known or suspected loss of public funds or assets or other illegal activity. [1995 c 301 § 8.] 43.09.186 43.09.186 Toll-free efficiency hotline—Duties— Annual overview and update. (1) Within existing funds, the state auditor must establish a toll-free telephone line that is available to public employees and members of the public to recommend measures to improve efficiency in state and local government and to report waste, inefficiency, or abuse, as well as examples of efficiency or outstanding achievement, by state and local agencies, public employees, or persons under contract with state and local agencies. (2) The state auditor must prepare information that explains the purpose of the hotline, and the hotline telephone number must be prominently displayed in the information. Hotline information must be posted in all government offices in locations where it is most likely to be seen by the public. The state auditor must publicize the availability of the tollfree hotline through print and electronic media and other means of communication with the public. (3) The state auditor must designate staff to be responsible for processing recommendations for improving efficiency and reports of waste, inefficiency, or abuse received through the hotline. The state auditor must conduct an initial review of each recommendation for efficiency and report of waste, inefficiency, or abuse made by public employees and members of the public. Following the initial review, the state auditor must determine which assertions require further examination or audit under the auditor’s current authority and must assign qualified staff. (4) The identity of a person making a report through the hotline, by e-mail through the state auditor’s web site, or other means of communication is confidential at all times unless the person making a report consents to disclosure by written waiver, or until the investigation described in subsection (3) of this section is complete. All documents related to the report and subsequent investigation are also confidential until completion of the investigation or audit or when the documents are otherwise statutorily exempt from public disclosure. (5) The state auditor must prepare a written determination of the results of the investigation performed, including any background information that the auditor deems necessary. The state auditor must report publicly the conclusions of each investigation and recommend ways to correct any deficiency and to improve efficiency. The reports must be distributed to the affected state agencies. (6) The state auditor must provide an annual overview and update of hotline investigations, including the results and efficiencies achieved, to the legislature and to the appropriate legislative committees. [2007 c 41 § 1.] (2010 Ed.) 43.09.210 LOCAL GOVERNMENT ACCOUNTING 43.09.200 Local government accounting—Uniform system of accounting. The state auditor shall formulate, prescribe, and install a system of accounting and reporting for all local governments, which shall be uniform for every public institution, and every public office, and every public account of the same class. The system shall exhibit true accounts and detailed statements of funds collected, received, and expended for account of the public for any purpose whatever, and by all public officers, employees, or other persons. The accounts shall show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom; all sources of public income, and the amounts due and received from each source; all receipts, vouchers, and other documents kept, or required to be kept, necessary to isolate and prove the validity of every transaction; all statements and reports made or required to be made, for the internal administration of the office to which they pertain; and all reports published or required to be published, for the information of the people regarding any and all details of the financial administration of public affairs. [1995 c 301 § 9; 1965 c 8 § 43.09.200. Prior: 1909 c 76 § 2; RRS § 9952.] 43.09.200 Electronic transfer of public funds to be in compliance with: RCW 39.58.750. School districts budgets to be in compliance with: RCW 28A.505.120. 43.09.205 Local government accounting—Costs of public works—Standard form. The state auditor shall prescribe a standard form with which the accounts and records of costs of all local governments shall be maintained as required under RCW 39.04.070. [1995 c 301 § 10; 1987 c 120 § 4.] 43.09.205 43.09.210 Local government accounting—Separate accounts for each fund or activity—Exemption for agency surplus personal property. Separate accounts shall be kept for every appropriation or fund of a taxing or legislative body showing date and manner of each payment made therefrom, the name, address, and vocation of each person, organization, corporation, or association to whom paid, and for what purpose paid. Separate accounts shall be kept for each department, public improvement, undertaking, institution, and public service industry under the jurisdiction of every taxing body. All service rendered by, or property transferred from, one department, public improvement, undertaking, institution, or public service industry to another, shall be paid for at its true and full value by the department, public improvement, undertaking, institution, or public service industry receiving the same, and no department, public improvement, undertaking, institution, or public service industry shall benefit in any financial manner whatever by an appropriation or fund made for the support of another. All unexpended balances of appropriations shall be transferred to the fund from which appropriated, whenever the account with an appropriation is closed. This section does not apply to agency surplus personal property handled under RCW 43.19.1919(5). [2000 c 183 § 2; 1965 c 8 § 43.09.210. Prior: 1909 c 76 § 3; RRS § 9953.] 43.09.210 [Title 43 RCW—page 59] 43.09.220 Title 43 RCW: State Government—Executive 43.09.220 Local government accounting—Separate accounts for public service industries. Separate accounts shall be kept for every public service industry of every local government, which shall show the true and entire cost of the ownership and operation thereof, the amount collected annually by general or special taxation for service rendered to the public, and the amount and character of the service rendered therefor, and the amount collected annually from private users for service rendered to them, and the amount and character of the service rendered therefor. [1995 c 301 § 11; 1965 c 8 § 43.09.220. Prior: 1909 c 76 § 4; RRS § 9954.] 43.09.220 43.09.230 Local government accounting—Annual reports—Comparative statistics. The state auditor shall require from every local government financial reports covering the full period of each fiscal year, in accordance with the forms and methods prescribed by the state auditor, which shall be uniform for all accounts of the same class. Such reports shall be prepared, certified, and filed with the state auditor within one hundred fifty days after the close of each fiscal year. The reports shall contain accurate statements, in summarized form, of all collections made, or receipts received, by the officers from all sources; all accounts due the public treasury, but not collected; and all expenditures for every purpose, and by what authority authorized; and also: (1) A statement of all costs of ownership and operation, and of all income, of each and every public service industry owned and operated by a local government; (2) a statement of the entire public debt of every local government, to which power has been delegated by the state to create a public debt, showing the purpose for which each item of the debt was created, and the provisions made for the payment thereof; (3) a classified statement of all receipts and expenditures by any public institution; and (4) a statement of all expenditures for labor relations consultants, with the identification of each consultant, compensation, and the terms and conditions of each agreement or arrangement; together with such other information as may be required by the state auditor. The reports shall be certified as to their correctness by the state auditor, the state auditor’s deputies, or other person legally authorized to make such certification. Their substance shall be published in an annual volume of comparative statistics at the expense of the state as a public document. [1995 c 301 § 12; 1993 c 18 § 2; 1989 c 168 § 1; 1977 c 75 § 41; 1965 c 8 § 43.09.230. Prior: 1909 c 76 § 5; RRS § 9955.] 43.09.230 Finding—Purpose—1993 c 18: "The legislature finds and declares that the use of outside consultants is an increasing element in public sector labor relations. The public has a right to be kept informed about the role of outside consultants in public sector labor relations. The purpose of this act is to help ensure that public information is available." [1993 c 18 § 1.] 43.09.240 Local government accounting—Public officers and employees—Duty to account and report— Removal from office—Deposit of collections. Every public officer and employee of a local government shall keep all accounts of his or her office in the form prescribed and make all reports required by the state auditor. Any public officer or employee who refuses or willfully neglects to perform such duties shall be subject to removal from office in an appropri43.09.240 [Title 43 RCW—page 60] ate proceeding for that purpose brought by the attorney general or by any prosecuting attorney. Every public officer and employee, whose duty it is to collect or receive payments due or for the use of the public shall deposit such moneys collected or received by him or her with the treasurer of the local government once every twentyfour consecutive hours. The treasurer may in his or her discretion grant an exception where such daily transfers would not be administratively practical or feasible as long as the treasurer has received a written request from the department, district, or agency, and where the department, district, or agency certifies that the money is held with proper safekeeping and that the entity carries out proper theft protection to reduce risk of loss of funds. Exceptions granted by the treasurer shall state the frequency with which deposits are required as long as no exception exceeds a time period greater than one deposit per week. In case a public officer or employee collects or receives funds for the account of a local government of which he or she is an officer or employee, the treasurer shall, by Friday of each week, pay to the proper officer of the local government for the account of which the collection was made or payment received, the full amount collected or received during the current week for the account of the district. [2002 c 168 § 3; 1995 c 301 § 13; 1991 c 245 § 13; 1965 c 8 § 43.09.240. Prior: 1963 c 209 § 2; 1911 c 30 § 1; 1909 c 76 § 6; RRS § 9956; prior: 1890 p 638 § 11; Code 1881 § 2577; 1854 p 411 § 7.] 43.09.245 Local government accounting—Examination of financial affairs. The state auditor has the power to examine all the financial affairs of every local government and its officers and employees. [1995 c 301 § 14.] 43.09.245 43.09.260 Local government accounting—Examination of local governments—Reports—Action by attorney general. (1) The examination of the financial affairs of all local governments shall be made at such reasonable, periodic intervals as the state auditor shall determine. However, an examination of the financial affairs of all local governments shall be made at least once in every three years, and an examination of individual local government health and welfare benefit plans and local government self-insurance programs shall be made at least once every two years. (2) During the 2009-2011 fiscal biennium, the state auditor shall conduct audits no more often than once every two years of local governments with annual general fund revenues of ten million dollars or less and no findings of impropriety for the three-year period immediately preceding the audit period. This subsection does not prohibit the state auditor from conducting audits: (a) To address suspected fraud or irregular conduct; (b) at the request of the local government governing body; or (c) as required by federal laws or regulations. (3) The term local governments for purposes of this chapter includes but is not limited to all counties, cities, and other political subdivisions, municipal corporations, and quasi-municipal corporations, however denominated. (4) The state auditor shall establish a schedule to govern the auditing of local governments which shall include: A 43.09.260 (2010 Ed.) State Auditor designation of the various classifications of local governments; a designation of the frequency for auditing each type of local government; and a description of events which cause a more frequent audit to be conducted. (5) On every such examination, inquiry shall be made as to the financial condition and resources of the local government; whether the Constitution and laws of the state, the ordinances and orders of the local government, and the requirements of the state auditor have been properly complied with; and into the methods and accuracy of the accounts and reports. (6) A report of such examination shall be made and filed in the office of state auditor, and one copy shall be transmitted to the local government. A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general. If any such report discloses malfeasance, misfeasance, or nonfeasance in office on the part of any public officer or employee, within thirty days from the receipt of his or her copy of the report, the attorney general shall institute, in the proper county, such legal action as is proper in the premises by civil process and prosecute the same to final determination to carry into effect the findings of the examination. (7) It shall be unlawful for any local government or the responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or for any court to enter upon any compromise or settlement of such action, without the written approval and consent of the attorney general and the state auditor. [2009 c 564 § 927; 1995 c 301 § 15; 1991 sp.s. c 30 § 26; 1979 c 71 § 1; 1965 c 8 § 43.09.260. Prior: 1909 c 76 § 8; RRS § 9958.] Effective date—2009 c 564: See note following RCW 2.68.020. School district budgeting violations not to affect duties of attorney general under RCW 43.09.260: RCW 28A.505.150. Additional notes found at www.leg.wa.gov 43.09.265 Local government accounting—Review of tax levies of local governments. The state auditor shall review the tax levies of all local governments in the regular examinations under RCW 43.09.260. [1995 c 301 § 16; 1979 ex.s. c 218 § 7.] 43.09.265 43.09.270 Local government accounting—Expense of audit, what constitutes. The expense of auditing local governments and those expenses directly related to prescribing accounting systems, training, maintenance of working capital including reserves for late and uncollectible accounts and necessary adjustments to billings, and field audit supervision, shall be considered expenses of auditing public accounts within the meaning of RCW 43.09.280 and 43.09.282, and shall be prorated for that purpose equally among all entities directly affected by such service. [1995 c 301 § 17; 1993 c 315 § 1; 1991 sp.s. c 16 § 920; 1982 c 206 § 1; 1965 c 8 § 43.09.270. Prior: 1963 c 209 § 4; 1911 c 30 § 1; 1909 c 76 § 10; RRS § 9960.] 43.09.270 Additional notes found at www.leg.wa.gov 43.09.280 Local government accounting—Expense of examination. The expense of auditing public accounts 43.09.280 (2010 Ed.) 43.09.282 shall be borne by each entity subject to such audit for the auditing of all accounts under its jurisdiction and the state auditor shall certify the expense of such audit to the fiscal or warrant-issuing officer of such entity, who shall immediately make payment to the state auditor. If the expense as certified is not paid by any local government within thirty days from the date of certification, the state auditor may certify the expense to the auditor of the county in which the local government is situated, who shall promptly issue his or her warrant on the county treasurer payable out of the current expense fund of the county, which fund, except as to auditing the financial affairs and making inspection and examination of the county, shall be reimbursed by the county auditor or chief financial officer designated in a charter county out of the money due the local government at the next monthly settlement of the collection of taxes and shall be transferred to the current expense fund. [2009 c 337 § 14; 1995 c 301 § 18; 1979 c 71 § 2; 1965 c 8 § 43.09.280. Prior: 1963 c 209 § 5; 1911 c 30 § 1; 1909 c 76 § 11; RRS § 9961.] 43.09.2801 Local government accounting—Expense of audit—Additional charge. (1) From July 1, 1992, to June 30, 1995, the state auditor shall charge an entity subject to an audit an additional ten cents per hour billed under RCW 43.09.270 and 43.09.280, to be deposited in the local government administrative hearings account. (2) After June 30, 1995, the state auditor shall base the amount to be collected and deposited into the local government administrative hearings account on the funds remaining in the account on June 30, 1995, and the anticipated caseload for the future. (3) The state auditor may exempt a local government that certifies that it is in compliance with RCW 42.41.050 from a charge added under subsection (1) or (2) of this section. [1995 c 301 § 19; 1992 c 44 § 11.] 43.09.2801 Local government administrative hearings account: RCW 42.41.060. Additional notes found at www.leg.wa.gov 43.09.281 Appeal procedure to be adopted—Inclusion of number and disposition of appeals in annual report. The state auditor shall adopt appropriate rules pursuant to chapter 34.05 RCW, the administrative procedure act, to provide a procedure whereby a *taxing district may appeal charges levied under RCW 43.09.280. Such procedure shall provide for an administrative review process and an external review process which shall be advisory to the state auditor’s office. The number of appeals and their disposition shall be included in the auditor’s annual report. [1982 c 206 § 3.] 43.09.281 *Reviser’s note: "Taxing district" was redesignated "local government" by 1995 c 301 § 18. 43.09.282 Local government accounting—Municipal revolving account—Records of auditing costs. For the purposes of centralized funding, accounting, and distribution of the costs of the audits performed on local governments by the state auditor, there is hereby created an account entitled the municipal revolving account. The state treasurer shall be custodian of the account. All moneys received by the state auditor or by any officer or employee thereof shall be deposited with the state treasurer and credited to the municipal 43.09.282 [Title 43 RCW—page 61] 43.09.285 Title 43 RCW: State Government—Executive revolving account. Only the state auditor or the auditor’s designee may authorize expenditures from the account. No appropriation is required for expenditures. The state auditor shall keep such records as are necessary to detail the auditing costs attributable to the various types of local governments. During the 2009-2011 fiscal biennium, the state auditor shall reduce the municipal revolving account charges for financial audits performed on local governments by five percent. [2009 c 564 § 928; 2008 c 328 § 6007; 1995 c 301 § 20; 1982 c 206 § 2; 1965 c 8 § 43.09.282. Prior: 1963 c 209 § 6.] Effective date—2009 c 564: See note following RCW 2.68.020. Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050. Additional notes found at www.leg.wa.gov Any municipal corporation is authorized to establish a line of credit with any *qualified public depositary to be drawn upon for cashing its warrants, to delegate to a fiscal officer authority to determine the amount of credit extended, and to pay interest and other finance or service charges. The interest rate may be a fixed rate set periodically or a fluctuating rate determined by agreement of the parties. If any warrant of a municipal corporation is presented and not paid for lack of funds, the interest rate set on unpaid warrants shall apply. Nothing in this section affects the priority for payment of warrants established by law. [1981 c 156 § 37. Formerly RCW 39.58.170.] *Reviser’s note: The term "qualified public depositary" was redefined as "public depositary" by 1996 c 256 § 1. 43.09.2855 Local governments—Use of credit cards. (1) Local governments, including counties, cities, towns, special purpose districts, municipal and quasi-municipal corporations, and political subdivisions, are authorized to use credit cards for official government purchases and acquisitions. (2) A local government may contract for issuance of the credit cards. (3) The legislative body shall adopt a system for: (a) The distribution of the credit cards; (b) The authorization and control of the use of credit card funds; (c) The credit limits available on the credit cards; (d) Payment of the bills; and (e) Any other rule necessary to implement or administer the system under this section. (4) As used in this section, "credit card" means a card or device issued under an arrangement pursuant to which the issuer gives to a card holder the privilege of obtaining credit from the issuer. (5) Any credit card system adopted under this section is subject to examination by the state auditor’s office pursuant to chapter 43.09 RCW. (6) Cash advances on credit cards are prohibited. [1995 c 30 § 2. Formerly RCW 39.58.180.] 43.09.2855 43.09.285 Joint operations by municipal corporations or political subdivisions—Deposit and control of funds. Whenever by law, two or more municipal corporations or political subdivisions of the state are permitted by law to engage in a joint operation, the funds of such joint operation shall be deposited in the public treasury of the municipal corporation or political subdivision embracing the largest population or the public treasury of any other as so agreed upon by the parties; and such deposit shall be subject to the same audit and fiscal controls as the public treasury where the funds are so deposited: PROVIDED, That whenever the laws applicable to any particular joint operation specifically state a contrary rule for deposits, the specific rule shall apply in lieu of the provisions of this section: PROVIDED, FURTHER, That nothing contained herein shall be construed as limiting the power or authority of the disbursing officer of such joint operation from making disbursements in accordance with the provisions of any contract or agreement entered into between the parties to the joint operation. [1967 c 41 § 1.] 43.09.285 43.09.2851 Repayment of amounts charged to another fund within same political subdivision to be credited to original fund or appropriation—Expenditure. Except as otherwise provided by law, amounts charged by a county, city, or other municipal or quasi municipal corporation for providing services or furnishing materials to or for another fund within the same county, city, or other municipal or quasi municipal corporation pursuant to RCW 43.09.210 or other law shall be repaid and credited to the fund or appropriation against which the expenditure originally was charged. Amounts representing a return of expenditures from an appropriation shall be considered as returned loans of services or goods, supplies, or other materials furnished and may be expended as part of the original appropriation to which they belong, without further or additional appropriation. Except as otherwise provided by law, this section shall not apply to the furnishing of materials or services by one fund to another when other funds have been provided specifically for that purpose pursuant to law. [1981 c 39 § 1. Formerly RCW 39.58.160.] 43.09.2851 43.09.2853 Municipal corporations authorized to establish line of credit for payment of warrants—Interest. 43.09.2853 [Title 43 RCW—page 62] Findings—1995 c 30: "The legislature finds that (1) the use of credit cards is a customary and economical business practice to improve cash management, reduce costs, and increase efficiency; and (2) local governments should consider and use credit cards when appropriate." [1995 c 30 § 1.] AGENCY AUDITS 43.09.290 Post-audit of state agencies—Definitions. For the purposes of RCW 43.09.290 through 43.09.340 and 43.09.410 through 43.09.418, post-audit means an audit of the books, records, funds, accounts, and financial transactions of a state agency for a complete fiscal period; pre-audit means all other audits and examinations; state agency means elective officers and offices, and every other office, officer, department, board, council, committee, commission, or authority of the state government now existing or hereafter created, supported, wholly or in part, by appropriations from the state treasury or funds under its control, or by the levy, assessment, collection, or receipt of fines, penalties, fees, licenses, sales of commodities, service charges, rentals, grants-in-aid, or other income provided by law, and all state 43.09.290 (2010 Ed.) State Auditor educational, penal, reformatory, charitable, eleemosynary, or other institutions, supported, wholly or in part, by appropriations from the state treasury or funds under its control. [1995 c 301 § 21; 1981 c 336 § 6; 1965 c 8 § 43.09.290. Prior: 1941 c 196 § 1; Rem. Supp. 1941 § 11018-1.] Petty cash: RCW 42.26.080. Post-audit duties, budget and accounting system: RCW 43.88.160. Additional notes found at www.leg.wa.gov 43.09.416 43.09.340 Post-audit of books of state auditor. The governor shall, at least every two years, provide for a postaudit of the books, accounts, and records of the state auditor, and the funds under his or her control, to be made either by independent qualified public accountants or the director of financial management, as he or she may determine. The expense of making such audit shall be paid from appropriations made therefor from the general fund. [1995 c 301 § 24; 1979 c 151 § 93; 1965 c 8 § 43.09.340. Prior: 1947 c 114 § 2; 1941 c 196 § 6; Rem. Supp. 1947 § 11018-6.] 43.09.340 43.09.310 43.09.310 Audit of statewide combined financial statements—Post-audits of state agencies—Periodic audits—Reports—Filing. (1) Except as provided in subsection (2) of this section, the state auditor shall annually audit the statewide combined financial statements prepared by the office of financial management and make post-audits of state agencies. Post-audits of state agencies shall be made at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include determinations as to the validity and accuracy of accounting methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post-audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, one to the state agency audited, one to the joint legislative audit and review committee, one each to the standing committees on ways and means of the house and senate, one to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the state auditor. A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general. (2) Audits of the department of labor and industries must be coordinated with the audits required under RCW 51.44.115 to avoid duplication of audits. [2005 c 387 § 2; 1996 c 288 § 35; 1995 c 301 § 22; 1981 c 217 § 1; 1979 c 151 § 92; 1975-’76 2nd ex.s. c 17 § 1. Prior: 1975 1st ex.s. c 293 § 1; 1975 1st ex.s. c 193 § 1; 1971 ex.s. c 170 § 2; 1965 c 8 § 43.09.310; prior: 1947 c 114 § 1; 1941 c 196 § 3; Rem. Supp. 1947 § 11018-3.] Reports of post-audits: RCW 43.88.160. Additional notes found at www.leg.wa.gov 43.09.330 43.09.330 Audit disclosing malfeasance or nonfeasance—Action by attorney general. If any audit of a state agency discloses malfeasance, misfeasance, or nonfeasance in office on the part of any public officer or employee, within thirty days from the receipt of his or her copy of the report, the attorney general shall institute and prosecute in the proper county, appropriate legal action to carry into effect the findings of such post-audit. It shall be unlawful for any state agency or the responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or for any court to enter upon any compromise or settlement of such action without the written approval and consent of the attorney general and the state auditor. [1995 c 301 § 23; 1965 c 8 § 43.09.330. Prior: 1941 c 196 § 5; Rem. Supp. 1941 § 11018-5.] (2010 Ed.) 43.09.410 Auditing services revolving account—Created—Purpose. An auditing services revolving account is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the audits provided to state agencies by the state auditor and audits of the state employee whistleblower program under RCW 42.40.110. [1999 c 361 § 9; 1995 c 301 § 25; 1981 c 336 § 1.] 43.09.410 Additional notes found at www.leg.wa.gov 43.09.412 Auditing services revolving account— Transfers and payments into account—Allotments to state auditor. The amounts to be disbursed from the auditing services revolving account shall be paid from funds appropriated to any and all state agencies for auditing services or administrative expenses. State agencies operating in whole or in part from nonappropriated funds shall pay into the auditing services revolving account such funds as will fully reimburse funds appropriated to the state auditor for auditing services provided. The director of financial management shall allot all such funds to the state auditor for the operation of his or her office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other state agencies headed by elected officers under chapter 43.88 RCW. [1995 c 301 § 26; 1987 c 165 § 1; 1981 c 336 § 2.] 43.09.412 Additional notes found at www.leg.wa.gov 43.09.414 Auditing services revolving account—Disbursements. Disbursements from the auditing services revolving account shall be made pursuant to vouchers executed by the state auditor or his or her designee in accordance with RCW 43.09.412. [1995 c 301 § 27; 1981 c 336 § 3.] 43.09.414 Additional notes found at www.leg.wa.gov 43.09.416 Auditing services revolving account— Allocation of costs to funds, accounts, and agencies—Billing rate. The state auditor shall keep such records as are necessary to facilitate proper allocation of costs to funds and accounts and state agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and accounts and state agencies served. The billing rate shall be established based on costs incurred in the prior biennium and anticipated costs in the new biennium. Those expenses related to training, maintenance of working capital including reserves for late and uncollectible accounts, and necessary adjustments to billings, shall be considered as expenses of auditing public accounts. Working capital shall not exceed five percent of the 43.09.416 [Title 43 RCW—page 63] 43.09.418 Title 43 RCW: State Government—Executive auditing services revolving account appropriation. [1995 c 301 § 28; 1987 c 165 § 2; 1981 c 336 § 4.] Additional notes found at www.leg.wa.gov 43.09.418 Auditing services revolving account— Direct payments from state agencies. In cases where there are unanticipated demands for auditing services or where there are insufficient funds on hand or available for payment through the auditing services revolving account or in other cases of necessity, the state auditor may request payment for auditing services directly from state agencies for whom the services are performed to the extent that revenues or other funds are available. Upon approval by the director of financial management the state agency shall make the requested payment. The payment may be made on either an advance or reimbursable basis as approved by the director of financial management. [1995 c 301 § 29; 1981 c 336 § 5.] 43.09.418 Additional notes found at www.leg.wa.gov 43.09.420 Audit of revolving, local, and other funds and accounts. As part of the routine audits of state agencies, the state auditor shall audit all revolving funds, local funds, and other state funds and state accounts that are not managed by or in the care of the state treasurer and that are under the control of state agencies, including but not limited to state departments, boards, and commissions. In conducting the audits of these funds and accounts, the auditor shall examine revenues and expenditures or assets and liabilities, accounting methods and procedures, and recordkeeping practices. In addition to including the results of these examinations as part of the routine audits of the agencies, the auditor shall report to the legislature on the status of all such funds and accounts that have been examined during the preceding biennium and any recommendations for their improved financial management. Such a report shall be filed with the legislature within five months of the end of each biennium regarding the funds and accounts audited during the biennium. The first such report shall be filed by December 1, 1993, regarding any such funds and accounts audited during the 1991-93 biennium. [1993 c 216 § 1.] 43.09.420 43.09.430 Performance audits—Definitions. For purposes of RCW 43.09.435 through 43.09.460: (1) "Board" means the citizen advisory board created in RCW 43.09.435. (2) "Draft work plan" means the work plan for conducting performance audits of state agencies proposed by the board and state auditor after the statewide performance review. (3) "Final performance audit report" means a written document jointly released by the citizen advisory board and the state auditor that includes the findings and comments from the preliminary performance audit report. (4) "Final work plan" means the work plan for conducting performance audits of state agencies adopted by the board and state auditor. (5) "Performance audit" means an objective and systematic assessment of a state agency or any of its programs, functions, or activities by an independent evaluator in order to help public officials improve efficiency, effectiveness, and 43.09.430 [Title 43 RCW—page 64] accountability. Performance audits include economy and efficiency audits and program audits. (6) "Preliminary performance audit report" means a written document prepared after the completion of a performance audit to be submitted for comment before the final performance audit report. The preliminary performance audit report must contain the audit findings and any proposed recommendations to improve the efficiency, effectiveness, or accountability of the state agency being audited. (7) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. "State agency" includes all offices of executive branch state government elected officials. [2005 c 385 § 2.] Findings—2005 c 385: "The legislature finds that: (1) Citizens demand and deserve accountability of public programs. Public programs must continuously improve in quality, efficiency, and effectiveness in order to increase public trust; (2) Washington state government and other entities that receive tax dollars must continuously improve the way they operate and deliver services so citizens receive maximum value for their tax dollars; (3) An independent citizen advisory board is necessary to ensure that government services, customer satisfaction, program efficiency, and management systems are world class in performance; (4) Fair, independent, professional performance audits of state agencies are essential to improving the efficiency and effectiveness of government; and (5) The performance audit activities of the joint legislative audit and review committee should be supplemented by making fuller use of the state auditor’s resources and capabilities." [2005 c 385 § 1.] 43.09.435 Performance audits—Citizen advisory board. (1) The citizen advisory board is created to improve efficiency, effectiveness, and accountability in state government. (2) The board shall consist of ten members as follows: (a) One member shall be the state auditor, who shall be a nonvoting member; (b) One member shall be the legislative auditor, who shall be a nonvoting member; (c) One member shall be the director of the office of financial management, who shall be a nonvoting member; (d) Four of the members shall be selected by the governor as follows: Each major caucus of the house of representatives and the senate shall submit a list of three names. The lists may not include the names of members of the legislature or employees of the state. The governor shall select a person from each list provided by each caucus; and (e) The governor shall select three citizen members who are not state employees. (3) The board shall elect a chair. The legislative auditor, the state auditor, and the director of the office of financial management may not serve as chair. (4) Appointees shall be individuals who have a basic understanding of state government operations with knowledge and expertise in performance management, quality management, strategic planning, performance assessments, or closely related fields. (5) Members selected under subsection (2)(d) and (e) of this section shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial members, two members shall serve four-year terms, two members shall serve three-year 43.09.435 (2010 Ed.) State Auditor terms, and one member shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term. (6) The office of the state auditor shall provide clerical, technical, and management personnel to the board to serve as the board’s staff. (7) The board shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the board. (8) The members of the board shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [2005 c 385 § 3.] Findings—2005 c 385: See note following RCW 43.09.430. 43.09.440 Performance audits—Collaboration with joint legislative audit and review committee—Criteria— Statewide performance review—Contracting out— Release of audit reports. (1) The board and the state auditor shall collaborate with the joint legislative audit and review committee regarding performance audits of state government. (a) The board shall establish criteria for performance audits consistent with the criteria and standards followed by the joint legislative audit and review committee. This criteria shall include, at a minimum, the auditing standards of the United States government accountability office, as well as legislative mandates and performance objectives established by state agencies and the legislature. Mandates include, but are not limited to, agency strategies, timelines, program objectives, and mission and goals as required in RCW 43.88.090. (b) Using the criteria developed in (a) of this subsection, the state auditor shall contract for a statewide performance review to be completed as expeditiously as possible as a preliminary to a draft work plan for conducting performance audits. The board and the state auditor shall develop a schedule and common methodology for conducting these reviews. The purpose of these performance reviews is to identify those agencies, programs, functions, or activities most likely to benefit from performance audits and to identify likely areas warranting early review, taking into account prior performance audits, if any, and prior fiscal audits. (c) The board and the state auditor shall develop the draft work plan for performance audits based on input from citizens, state employees, including front-line employees, state managers, chairs and ranking members of appropriate legislative committees, the joint legislative audit and review committee, public officials, and others. The draft work plan may include a list of agencies, programs, or systems to be audited on a timeline decided by the board and the state auditor based on a number of factors including risk, importance, and citizen concerns. When putting together the draft work plan, there should be consideration of all audits and reports already required. On average, audits shall be designed to be completed as expeditiously as possible. (d) Before adopting the final work plan, the board shall consult with the legislative auditor and other appropriate oversight and audit entities to coordinate work plans and avoid duplication of effort in their planned performance 43.09.440 (2010 Ed.) 43.09.440 audits of state government agencies. The board shall defer to the joint legislative audit and review committee work plan if a similar audit is included on both work plans for auditing. (e) The state auditor shall contract out for performance audits. In conducting the audits, agency front-line employees and internal auditors should be involved. (f) All audits must include consideration of reports prepared by other government oversight entities. (g) The audits may include: (i) Identification of programs and services that can be eliminated, reduced, consolidated, or enhanced; (ii) Identification of funding sources to the state agency, to programs, and to services that can be eliminated, reduced, consolidated, or enhanced; (iii) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps; (iv) Analysis and recommendations for pooling information technology systems used within the state agency, and evaluation of information processing and telecommunications policy, organization, and management; (v) Analysis of the roles and functions of the state agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority; (vi) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the agency carry out reasonably and properly those functions vested in the agency by statute; (vii) Verification of the reliability and validity of agency performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090; (viii) Identification of potential cost savings in the state agency, its programs, and its services; (ix) Identification and recognition of best practices; (x) Evaluation of planning, budgeting, and program evaluation policies and practices; (xi) Evaluation of personnel systems operation and management; (xii) Evaluation of state purchasing operations and management policies and practices; and (xiii) Evaluation of organizational structure and staffing levels, particularly in terms of the ratio of managers and supervisors to nonmanagement personnel. (h) The state auditor must solicit comments on preliminary performance audit reports from the audited state agency, the office of the governor, the office of financial management, the board, the chairs and ranking members of appropriate legislative committees, and the joint legislative audit and review committee for comment. Comments must be received within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. All comments shall be incorporated into the final performance audit report. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; conclusions; and identification of best practices. (i) The board and the state auditor shall jointly release final performance audit reports to the governor, the citizens of Washington, the joint legislative audit and review commit[Title 43 RCW—page 65] 43.09.445 Title 43 RCW: State Government—Executive tee, and the appropriate standing legislative committees. Final performance audit reports shall be posted on the internet. (j) For institutions of higher education, performance audits shall not duplicate, and where applicable, shall make maximum use of existing audit records, accreditation reviews, and performance measures required by the office of financial management, the higher education coordinating board, and nationally or regionally recognized accreditation organizations including accreditation of hospitals licensed under chapter 70.41 RCW and ambulatory care facilities. (2) The citizen board created under *RCW 44.75.030 shall be responsible for performance audits for transportation related agencies as defined under *RCW 44.75.020. [2005 c 385 § 5.] appropriate such sums as may be necessary, not to exceed an amount equal to two one-hundredths of one percent of the total general fund state appropriation in that biennium’s omnibus operating appropriations act for purposes of the performance review, performance audits, and activities of the board authorized by this chapter. (2) The board and the state auditor shall submit recommended budgets for their responsibilities under RCW 43.09.430 through 43.09.455 to the auditor, who shall then prepare a consolidated budget request, in the form of request legislation, to assist in determining the funding under subsection (1) of this section. [2005 c 385 § 11.] Findings—2005 c 385: See note following RCW 43.09.430. 43.09.470 *Reviser’s note: RCW 44.75.020 and 44.75.030 were repealed by 2006 c 334 § 51, effective July 1, 2006. Findings—2005 c 385: See note following RCW 43.09.430. 43.09.445 Performance audits—Local jurisdictions. If the legislative authority of a local jurisdiction requests a performance audit of programs under its jurisdiction, the state auditor has the discretion to conduct such a review under separate contract and funded by local funds. [2005 c 385 § 6.] 43.09.445 Findings—2005 c 385: See note following RCW 43.09.430. 43.09.450 Performance audits—Audit of performance audit program. By June 30, 2007, and each four years thereafter, the joint legislative audit and review committee shall contract with a private entity for a performance audit of the performance audit program established in RCW 43.09.440 and the board’s responsibilities under the performance audit program. [2005 c 385 § 8.] 43.09.450 Findings—2005 c 385: See note following RCW 43.09.430. 43.09.455 Performance audits—Follow-up and corrective action—Progress reports. The audited agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency’s plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons. For agencies under the authority of the governor, the governor may require periodic progress reports from the audited agency until all resolution has occurred. For agencies under the authority of an elected official other than the governor, the appropriate elected official may require periodic reports of the action taken by the audited agency until all resolution has occurred. The board may request status reports on specific audits or findings. [2005 c 385 § 9.] 43.09.455 Findings—2005 c 385: See note following RCW 43.09.430. 43.09.460 Performance audits—Appropriation— Budget request. (1) Each biennium the legislature shall 43.09.460 [Title 43 RCW—page 66] 43.09.470 Comprehensive performance audits— Scope—Reports. In addition to audits authorized under RCW 43.88.160, the state auditor shall conduct independent, comprehensive performance audits of state government and each of its agencies, accounts, and programs; local governments and each of their agencies, accounts, and programs; state and local education governmental entities and each of their agencies, accounts, and programs; state and local transportation governmental entities and each of their agencies, accounts, and programs; and other governmental entities, agencies, accounts, and programs. The term "government" means an agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. This includes individual agencies and programs, as well as those programs and activities that cross agency lines. "Government" includes all elective and nonelective offices in the executive branch and includes the judicial and legislative branches. The state auditor shall review and analyze the economy, efficiency, and effectiveness of the policies, management, fiscal affairs, and operations of state and local governments, agencies, programs, and accounts. These performance audits shall be conducted in accordance with the United States general accounting office government auditing standards. The scope for each performance audit shall not be limited and shall include nine specific elements: (1) Identification of cost savings; (2) identification of services that can be reduced or eliminated; (3) identification of programs or services that can be transferred to the private sector; (4) analysis of gaps or overlaps in programs or services and recommendations to correct gaps or overlaps; (5) feasibility of pooling information technology systems within the department; (6) analysis of the roles and functions of the department, and recommendations to change or eliminate departmental roles or functions; (7) recommendations for statutory or regulatory changes that may be necessary for the department to properly carry out its functions; (8) analysis of departmental performance data, performance measures, and self-assessment systems; and (9) identification of best practices. The state auditor may contract out any performance audits. For counties and cities, the audit may be conducted as part of audits otherwise required by state law. Each audit report shall be submitted to the corresponding legislative body or legislative bodies and made available to the public on or before thirty days after the completion of each audit or each follow-up audit. On or before thirty days after the performance audit is made public, the corresponding legislative (2010 Ed.) Attorney General body or legislative bodies shall hold at least one public hearing to consider the findings of the audit and shall receive comments from the public. The state auditor is authorized to issue subpoenas to governmental entities for required documents, memos, and budgets to conduct the performance audits. The state auditor may, at any time, conduct a performance audit to determine not only the efficiency, but also the effectiveness, of any government agency, account, or program. No legislative body, officeholder, or employee may impede or restrict the authority or the actions of the state auditor to conduct independent, comprehensive performance audits. To the greatest extent possible, the state auditor shall instruct and advise the appropriate governmental body on a step-by-step remedy to whatever ineffectiveness and inefficiency is discovered in the audited entity. For performance audits of state government and its agencies, programs, and accounts, the legislature must consider the state auditor reports in connection with the legislative appropriations process. An annual report will be submitted by the joint legislative audit and review committee by July 1st of each year detailing the status of the legislative implementation of the state auditor’s recommendations. Justification must be provided for recommendations not implemented. Details of other corrective action must be provided as well. For performance audits of local governments and their agencies, programs, and accounts, the corresponding legislative body must consider the state auditor reports in connection with its spending practices. An annual report will be submitted by the legislative body by July 1st of each year detailing the status of the legislative implementation of the state auditor’s recommendations. Justification must be provided for recommendations not implemented. Details of other corrective action must be provided as well. The people encourage the state auditor to aggressively pursue the largest, costliest governmental entities first but to pursue all governmental entities in due course. Follow-up performance audits on any state and local government, agency, account, and program may be conducted when determined necessary by the state auditor. Revenues from the performance audits of government account, created in RCW 43.09.475, shall be used for the cost of the audits. [2006 c 1 § 2 (Initiative Measure No. 900, approved November 8, 2005).] Policies and purposes—2006 c 1 (Initiative Measure No. 900): "It is essential that state and local governments establish credibility with the taxpayers by implementing long-overdue performance audits to ensure accountability and guarantee that tax dollars are spent as cost-effectively as possible. Are politicians spending our current tax revenues as cost-effectively as possible? Voters don’t know because politicians have repeatedly blocked our state auditor from conducting independent, comprehensive performance audits on state and local governments, agencies, programs, and accounts. Currently, Washington is the only state in the nation that prohibits the independently elected state auditor from doing the job he or she was hired to do without explicit legislative permission. This handicap is costing the taxpayers billions of dollars in potential savings. Thankfully, this common sense initiative remedies this egregious failure of politicians to enact this reform. It is absurd for politicians to unilaterally impose tax increases or to seek voter approval for tax increases without first learning if we’re getting the biggest bang for the buck from our current tax revenues. This measure requires the state auditor to conduct independent, comprehensive performance audits on state and local governments, agencies, programs, and accounts. This act dedicates a portion of the state’s existing sales and use tax (1/100th of 1%) to fund these comprehensive performance audits. Similar performance reviews in Texas have saved taxpayers there nine billion dollars out of nineteen billion dollars in identified savings over the past decade. The performance audits required by this common sense initiative will identify solutions to our (2010 Ed.) Chapter 43.10 public policy problems, saving the taxpayers billions of dollars." [2006 c 1 § 1 (Initiative Measure No. 900, approved November 8, 2005).] Construction—2006 c 1 (Initiative Measure No. 900): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [2006 c 1 § 7 (Initiative Measure No. 900, approved November 8, 2005).] Severability—2006 c 1 (Initiative Measure No. 900): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2006 c 1 § 8 (Initiative Measure No. 900, approved November 8, 2005).] Part headings not law—2006 c 1 (Initiative Measure No. 900): "Part headings used in this act are not part of the law." [2006 c 1 § 9 (Initiative Measure No. 900, approved November 8, 2005).] 43.09.471 Short title—Effective date—2006 c 1 (Initiative Measure No. 900). This act shall be called the performance audits of government act and takes effect December 8, 2005. [2006 c 1 § 10 (Initiative Measure No. 900, approved November 8, 2005).] 43.09.471 Policies and purposes—Construction—Severability—Part headings not law—2006 c 1 (Initiative Measure No. 900): See notes following RCW 43.09.470. 43.09.475 Performance audits of government account. The performance audits of government account is hereby created in the custody of the state treasurer. Revenue identified in RCW 82.08.020(5) and 82.12.0201 shall be deposited in the account. Money in the account shall be used to fund the performance audits and follow-up performance audits under RCW 43.09.470 and shall be expended by the state auditor in accordance with chapter 1, Laws of 2006. Only the state auditor or the state auditor’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. During the 2009-2011 fiscal biennium, the legislature may transfer from the performance audits of government account to the state general fund such amounts as deemed to be appropriate or necessary. [2009 c 564 § 929; 2006 c 1 § 5 (Initiative Measure No. 900, approved November 8, 2005).] 43.09.475 Effective date—2009 c 564: See note following RCW 2.68.020. Policies and purposes—Construction—Severability—Part headings not law—2006 c 1 (Initiative Measure No. 900): See notes following RCW 43.09.470. Chapter 43.10 Chapter 43.10 RCW ATTORNEY GENERAL Sections 43.10.010 43.10.020 43.10.030 43.10.035 43.10.040 43.10.045 43.10.050 43.10.060 43.10.065 43.10.067 43.10.070 43.10.080 43.10.090 Qualifications—Oath—Bond. Additional bond—Penalty for failure to furnish. General powers and duties. Prosecutions for official delinquencies in the assessment, collection and payment of revenue; failure to pay over or deliver public money or property; and against all debtors of the state. Representation of boards, commissions and agencies. Retention of counsel by legislature—Notice—Representation in absence of notice. Authority to execute appeal and other bonds. Appointment and authority of assistants. Employment of attorneys and employees to transact state’s legal business. Employment of attorneys by others restricted. Compensation of assistants, attorneys and employees. Employment of experts, technicians. Criminal investigations—Supervision. [Title 43 RCW—page 67] Chapter 43.10 43.10.095 Title 43 RCW: State Government—Executive Homicide investigative tracking system—Supervision management and recidivist tracking (SMART) system. Homicide investigative tracking system—Purpose limited. Report to transportation entities—Tort claims. Other powers and duties. Private practice of law—Attorney general—Prohibited. Private practice of law—Deputies and assistants—Prohibited. Private practice of law—Special assistant attorney generals. Private practice of law—Exceptions. Legal services revolving fund—Created—Purpose. Legal services revolving fund—Transfers and payments into fund—Allotments to attorney general. Legal services revolving fund—Disbursements. Legal services revolving fund—Allocation of costs to funds and agencies—Accounting—Billing. Legal services revolving fund—Direct payments from agencies. Legal services revolving fund—Recovered court costs, fees and expenses—Deposit in fund—Expenditure. Antitrust revolving fund—Legislative finding and purpose. Antitrust revolving fund—Created—Contents. Antitrust revolving fund—Expenditures. Purpose. Concurrent authority to investigate crimes and initiate and conduct prosecutions—Payment of costs. Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorney. Investigative and criminal prosecution activity—Annual report—Security protection. Appellate review of criminal case. Criminal profiteering—Assistance to local officials. Criminal profiteering—Asset recovery. Dependency and termination of parental rights—Legal services to supervising agencies under state contract. Corruption in office, removal by legislature: State Constitution Art. 4 § 9. Acquisition of access to timber and valuable materials on state lands, eminent domain proceedings brought by: RCW 79.36.320. Actions against regents, trustees, etc., of institutions of higher education or educational boards, attorney general to defend: RCW 28B.10.842. Actions against state duties: State Constitution Art. 3 § 21. counsel for state: RCW 4.92.030. governor may direct attorney general to appear for: RCW 43.06.010. officers defended by: RCW 4.92.070, 43.10.030. service of summons and complaint on: RCW 4.92.020. Highway lands transfer to United States, certification by: RCW 47.12.080. Advertising, action against false, untrue, or deceptive advertising: RCW 9.04.060. Agricultural cooperatives enabling act of 1961, attorney general to prosecute violations: RCW 15.65.550. marketing agreements, attorneys employed to be approved by: RCW 15.65.210. Irrigation districts, certification of bonds, legality of: RCW 87.25.030. Board of natural resources, attorney general to represent: RCW 43.12.075. Bond issues housing authorities, certification by: RCW 35.82.160. irrigation districts, certification by: RCW 87.25.030. Bonds appeal and surety in judicial actions execution by: RCW 43.10.050. motor vehicle dealers’ surety bond approved by: RCW 46.70.070. vehicle wreckers’ surety bond approved by: RCW 46.80.070. Budget and accounting irregularities, report of state auditor to attorney general: RCW 43.88.160. Business hours regulation does not apply to: RCW 42.04.060. Camping resorts, actions by attorney general relating to: RCW 19.105.470. Charitable solicitors, attorney general’s powers and duties relating to: Chapter 19.09 RCW. Child support duties: Chapters 74.20 and 74.20A RCW. Manufactured/mobile home community dispute resolution program, administration of: Chapter 59.30 RCW. 43.10.097 43.10.101 43.10.110 43.10.115 43.10.120 43.10.125 43.10.130 43.10.150 43.10.160 43.10.170 43.10.180 43.10.190 43.10.200 43.10.210 43.10.215 43.10.220 43.10.230 43.10.232 43.10.234 43.10.240 43.10.250 43.10.260 43.10.270 43.10.280 Clemency and pardons board, to provide staff for: RCW 9.94A.880. Common carriers, action to collect treble damages for rebates, discounts, refunds, etc., duties concerning: RCW 81.28.220. Corporations governor may require attorney general to inquire into affairs of: RCW 43.06.010. involuntary dissolution of corporation, attorney general may bring action for: Chapter 23B.14 RCW. [Title 43 RCW—page 68] County commissioners, special attorneys, employment: RCW 36.32.200. Criminal charges arising from official acts of state officers or employees— Defense: RCW 10.01.150. Declaratory judgments: RCW 7.24.110. Election of: State Constitution Art. 3 § 1. Elections, ballot titles and explanatory statements prepared by: RCW 29A.52.340, 29A.32.050. Elevators, escalators and dumbwaiters, injunction for operation without permit brought by: RCW 70.87.140. Eminent domain by state, duties: Chapter 8.04 RCW. proceedings for acquisition of toll bridge property, attorney general to represent department of transportation: RCW 47.56.110. Federal REAL ID Act of 2005, authority to challenge: RCW 46.20.1911. Food, drug and cosmetic act, prosecution of violations: RCW 69.04.160. Funeral and cemetery board, representation of: RCW 68.05.120. Gambling activities, as affecting: Chapter 9.46 RCW. commission, counsel for: RCW 9.46.060. Governor may require attorney general to aid any prosecuting attorney: RCW 43.06.010. may require attorney general to investigate corporations: RCW 43.06.010. Highway eminent domain for toll facilities, duties: RCW 47.56.110. Impeachment: State Constitution Art. 5 § 2. Industrial insurance, attorney general as legal advisor of department, board: RCW 51.52.140. Initiative and referendum transmittal of copies to attorney general: RCW 29A.72.040. Installment sales of goods and services, action by attorney general to prevent violations: RCW 63.14.190. Insurance code, representation of commissioner: RCW 48.02.080. Juvenile court, orders of support, enforcement by: RCW 13.34.161. Liability coverage of university personnel and students, approval of claims by attorney general, when: RCW 28B.20.253. Liquor control board, general counsel for: RCW 66.08.022. Local government accounting, duties concerning: RCW 43.09.260. Militia and military affairs eminent domain for military purposes: RCW 8.04.170, 8.04.180. officers and enlisted persons, attorney general to defend actions against: RCW 38.40.010. Motor freight carriers, violations, attorney general to assign assistant to enforce compliance: RCW 81.80.330. Motor vehicle dealers’ licenses, attorney general to approve applicant’s surety bond accompanying application for: RCW 46.70.070. Natural resources department, counsel for: RCW 78.52.035. Oath of office: RCW 43.01.020, 43.10.010. Official bond: RCW 43.10.010, 43.10.020. Poisons, enforcement of law relating to: RCW 69.40.025. Puget Sound ferry and toll bridge system, attorney general’s powers and duties relating to: Chapter 47.60 RCW. Railroad employees’ sanitation and shelter requirements, enforcement by: RCW 81.04.405. Real estate brokers and salespersons’ licensing, to act as legal advisor: RCW 18.85.420. Records, keeping of: State Constitution Art. 3 § 24; RCW 43.10.030. Records committee, to appoint a member of: RCW 40.14.050. (2010 Ed.) Attorney General Removal from office, grounds: State Constitution Art. 4 § 9. Salary, amount of: State Constitution Art. 28 § 1; RCW 43.03.010. Schools and school districts, supervision of prosecuting attorney: RCW 36.27.020. Securities act violations referred to: RCW 21.20.410. Social and health services department, representation, hospital regulation: RCW 70.41.160. State board for volunteer firefighters and reserve officers, to advise: RCW 41.24.280. State board of health, representation, hospital regulation: RCW 70.41.160. State officers, defends actions against: RCW 4.92.070, 43.10.030. Steamboat company penalties, recovery action by attorney general: RCW 81.84.050. Subversive activities act, duties as to: Chapter 9.81 RCW. Succession: State Constitution Art. 3 § 10. Support of dependent children agreements between attorney general and prosecuting attorneys to initiate petition for support under uniform act: RCW 74.20.210. divorce or separate maintenance actions, attorney general or prosecuting attorney to initiate an action: RCW 74.20.220. petition for order upon husband to provide support, attorney general may apply for, when: RCW 74.20.230. Term of office: State Constitution Art. 3 § 3; RCW 43.01.010. Term papers, theses, dissertations, sale of prohibited, attorney general participation: RCW 28B.10.584. Tort claims against state, authority to settle, compromise and stipulate for judgment: RCW 4.92.150. Transfer of highway lands to United States, municipal subdivision or public utility, attorney general to adjudge if in public interest and certify: RCW 47.12.080. Unemployment compensation, representation of department: RCW 50.12.150. Unfair business practices act assurance of discontinuance of practices, acceptance by: RCW 19.86.100. restraint of prohibited acts, action by: RCW 19.86.080. Utilities and transportation commission compliance with law by persons or corporations regulated, duty to enforce: RCW 80.01.100, 80.04.510. duty to represent: RCW 80.01.100, 80.04.510. Vehicle wreckers’ licensing, surety bonds accompanying application to be approved by: RCW 46.80.070. Vital statistics, duty to enforce laws of: RCW 70.58.050. Washington habitual traffic offenders act, attorney general’s duties: Chapter 46.65 RCW. 43.10.010 Qualifications—Oath—Bond. No person shall be eligible to be attorney general unless he or she is a qualified practitioner of the supreme court of this state. Before entering upon the duties of his or her office, any person elected or appointed attorney general shall take, subscribe, and file the oath of office as required by law; take, subscribe, and file with the secretary of state an oath to comply with the provisions of RCW 43.10.115; and execute and file with the secretary of state, a bond to the state, in the sum of five thousand dollars, with sureties to be approved by the governor, conditioned for the faithful performance of his or her duties and the paying over of all moneys, as provided by law. [2009 c 549 § 5046; 1973 c 43 § 1; 1965 c 8 § 43.10.010. Prior: 1929 c 92 § 1, part; RRS § 11030, part; prior: 1921 c 119 § 1; 1888 p 7 § 4.] 43.10.010 Additional notes found at www.leg.wa.gov (2010 Ed.) 43.10.035 43.10.020 Additional bond—Penalty for failure to furnish. If the governor deems any bond filed by the attorney general insufficient, he or she may require an additional bond for any amount not exceeding five thousand dollars. If any attorney general fails to give such additional bond as required by the governor within twenty days after notice in writing of such requirement, his or her office may be declared vacant by the governor and filled as provided by law. [2009 c 549 § 5047; 1965 c 8 § 43.10.020. Prior: (i) 1929 c 92 § 1, part; RRS § 11030, part. (ii) 1929 c 92 § 2; RRS § 11031; prior: 1921 c 119 § 1; 1888 p 7 §§ 4, 5.] 43.10.020 43.10.030 General powers and duties. The attorney general shall: (1) Appear for and represent the state before the supreme court or the court of appeals in all cases in which the state is interested; (2) Institute and prosecute all actions and proceedings for, or for the use of the state, which may be necessary in the execution of the duties of any state officer; (3) Defend all actions and proceedings against any state officer or employee acting in his or her official capacity, in any of the courts of this state or the United States; (4) Consult with and advise the several prosecuting attorneys in matters relating to the duties of their office, and when the interests of the state require, he or she shall attend the trial of any person accused of a crime, and assist in the prosecution; (5) Consult with and advise the governor, members of the legislature, and other state officers, and when requested, give written opinions upon all constitutional or legal questions relating to the duties of such officers; (6) Prepare proper drafts of contracts and other instruments relating to subjects in which the state is interested; (7) Give written opinions, when requested by either branch of the legislature, or any committee thereof, upon constitutional or legal questions; (8) Enforce the proper application of funds appropriated for the public institutions of the state, and prosecute corporations for failure or refusal to make the reports required by law; (9) Keep in proper books a record of all cases prosecuted or defended by him or her, on behalf of the state or its officers, and of all proceedings had in relation thereto, and deliver the same to his or her successor in office; (10) Keep books in which he or she shall record all the official opinions given by him or her during his or her term of office, and deliver the same to his or her successor in office; (11) Pay into the state treasury all moneys received by him or her for the use of the state. [2009 c 549 § 5048; 1975 c 40 § 5; 1971 c 81 § 109; 1965 c 8 § 43.10.030. Prior: (i) 1929 c 92 § 3; RRS § 112. (ii) 1929 c 92 § 4; RRS § 11032; prior: 1891 c 55 § 2; 1888 p 8 § 6.] 43.10.030 43.10.035 Prosecutions for official delinquencies in the assessment, collection and payment of revenue; failure to pay over or deliver public money or property; and against all debtors of the state. Upon receipt of information from the state auditor as provided in *RCW 43.09.050(3) as now or hereafter amended, the attorney general shall direct prosecutions in the name of the state for all official delin43.10.035 [Title 43 RCW—page 69] 43.10.040 Title 43 RCW: State Government—Executive quencies in relation to the assessment, collection, and payment of the revenue, against all persons who, by any means, become possessed of public money or property, and fail to pay over or deliver the same, and against all debtors of the state. [1977 ex.s. c 144 § 9.] *Reviser’s note: RCW 43.09.050 was amended by 1992 c 118 § 6, changing subsection (3) to subsection (4). 43.10.040 43.10.040 Representation of boards, commissions and agencies. The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings, and advise all officials, departments, boards, commissions, or agencies of the state in all matters involving legal or quasi legal questions, except those declared by law to be the duty of the prosecuting attorney of any county. [1965 c 8 § 43.10.040. Prior: 1941 c 50 § 1, part; Rem. Supp. 1941 § 11034-3, part.] 43.10.045 43.10.045 Retention of counsel by legislature— Notice—Representation in absence of notice. The legislature may employ or retain counsel of its own choosing. However, the legislature shall notify the attorney general whenever it makes a decision to use the services of such counsel to represent it or any of its members in a particular judicial or administrative proceeding. With respect to any such proceeding where the legislature has not so notified the attorney general, the attorney general shall represent the legislature until so notified. For purposes of this section, "legislature" means the senate and house of representatives together. The major purposes of this section are to confirm and implement in statute law the constitutional power of the legislative branch to select its own counsel. [1986 c 323 § 1.] 43.10.067 Employment of attorneys by others restricted. No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney in any legal or quasi legal capacity in the exercise of any of the powers or performance of any of the duties specified by law to be performed by the attorney general, except where it is provided by law to be the duty of the judge of any court or the prosecuting attorney of any county to employ or appoint such persons: PROVIDED, That RCW 43.10.040, and 43.10.065 through 43.10.080 shall not apply to the administration of the commission on judicial conduct, the state law library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, or the representation of an estate administered by the director of the department of revenue or the director’s designee pursuant to chapter 11.28 RCW. The authority granted by chapter 1.08 RCW, RCW 44.28.065, and 47.01.061 shall not be affected hereby. [1997 c 41 § 9. Prior: 1987 c 364 § 1; 1987 c 186 § 7; prior: 1985 c 133 § 2; 1985 c 7 § 108; 1981 c 268 § 1; 1965 c 8 § 43.10.067; prior: (i) 1941 c 50 § 2; Rem. Supp. 1941 § 11034-4. (ii) 1941 c 50 § 4; Rem. Supp. 1941 § 11034-6. Formerly RCW 43.01.080.] 43.10.067 43.10.070 Compensation of assistants, attorneys and employees. The attorney general shall fix the compensation of all assistants, attorneys, and employees, and in the event they are assigned to any department, board, or commission, such department, board, or commission shall pay the compensation as fixed by the attorney general, not however in excess of the amount made available to the department by law for legal services. [1965 c 8 § 43.10.070. Prior: 1941 c 50 § 1, part; Rem. Supp. 1941 § 11034-3, part.] 43.10.070 43.10.050 43.10.050 Authority to execute appeal and other bonds. The attorney general may execute, on behalf of the state, any appeal or other bond required to be given by the state in any judicial proceeding to which it is a party in any court, and procure sureties thereon. [1965 c 8 § 43.10.050. Prior: 1929 c 92 § 6; RRS § 11034; prior: 1905 c 99 § 1.] 43.10.080 Employment of experts, technicians. The attorney general may employ such skilled experts, scientists, technicians, or other specially qualified persons as he or she deems necessary to aid him or her in the preparation or trial of actions or proceedings. [2009 c 549 § 5050; 1965 c 8 § 43.10.080. Prior: 1941 c 50 § 3; Rem. Supp. 1941 § 110345.] 43.10.080 43.10.060 43.10.060 Appointment and authority of assistants. The attorney general may appoint necessary assistants, who shall hold office at his or her pleasure, and who shall have the power to perform any act which the attorney general is authorized by law to perform. [2009 c 549 § 5049; 1965 c 8 § 43.10.060. Prior: 1929 c 92 § 7, part; RRS § 11034-1, part.] 43.10.065 43.10.065 Employment of attorneys and employees to transact state’s legal business. The attorney general may employ or discharge attorneys and employees to transact for the state, its departments, officials, boards, commissions, and agencies, all business of a legal or quasi legal nature, except those declared by law to be the duty of the judge of any court, or the prosecuting attorney of any county. [1965 c 8 § 43.10.065. Prior: 1941 c 50 § 1, part; Rem. Supp. 1941 § 11034-3, part. Formerly RCW 43.10.060, part.] [Title 43 RCW—page 70] 43.10.090 Criminal investigations—Supervision. Upon the written request of the governor, the attorney general shall investigate violations of the criminal laws within this state. If, after such investigation, the attorney general believes that the criminal laws are improperly enforced in any county, and that the prosecuting attorney of the county has failed or neglected to institute and prosecute violations of such criminal laws, either generally or with regard to a specific offense or class of offenses, the attorney general shall direct the prosecuting attorney to take such action in connection with any prosecution as the attorney general determines to be necessary and proper. If any prosecuting attorney, after the receipt of such instructions from the attorney general, fails or neglects to comply therewith within a reasonable time, the attorney gen43.10.090 (2010 Ed.) Attorney General eral may initiate and prosecute such criminal actions as he or she shall determine. In connection therewith, the attorney general shall have the same powers as would otherwise be vested in the prosecuting attorney. From the time the attorney general has initiated or taken over a criminal prosecution, the prosecuting attorney shall not have power or authority to take any legal steps relating to such prosecution, except as authorized or directed by the attorney general. [2009 c 549 § 5051; 1965 c 8 § 43.10.090. Prior: 1937 c 88 § 1; RRS § 112-1.] Corporations, governor may require attorney general to investigate: RCW 43.06.010. Prosecuting attorneys, governor may require attorney general to aid: RCW 43.06.010. 43.10.095 Homicide investigative tracking system— Supervision management and recidivist tracking (SMART) system. (1) There is created, as a component of the homicide investigative tracking system, a supervision management and recidivist tracking system called the SMART system. The office of the attorney general may contract with any state, local, or private agency necessary for implementation of and training for supervision management and recidivist tracking program partnerships for development and operation of a statewide computer linkage between the attorney general’s homicide investigative tracking system, local police departments, and the state department of corrections. Dormant information in the supervision management and recidivist tracking system shall be automatically archived after seven years. The department of corrections shall notify the attorney general when each person is no longer under its supervision. (2) As used in this section, unless the context requires otherwise: (a) "Dormant" means there have been no inquiries by the department of corrections or law enforcement with regard to an active supervision case or an active criminal investigation in the past seven years. (b) "Archived" means information which is not in the active database and can only be retrieved for use in an active criminal investigation. [1998 c 223 § 2.] 43.10.095 Finding—1998 c 223: "The legislature finds that increased communications between local law enforcement officers and the state department of corrections’ community corrections officers improves public safety through shared monitoring and supervision of offenders living in the community under the jurisdiction of the department of corrections. Participating local law enforcement agencies and the local offices of the department of corrections have implemented the supervision management and recidivist tracking program, whereby each entity provides mutual assistance in supervising offenders living within the boundaries of local law enforcement agencies. The supervision management and recidivist tracking program has helped local law enforcement solve crimes faster or prevented future criminal activity by reporting offender’s sentence violations in a more timely manner to community corrections officers by rapid and comprehensive electronic sharing of information regarding supervised offenders. The expansion of the supervision management and recidivist tracking program will improve public safety throughout the state." [1998 c 223 § 1.] 43.10.097 Homicide investigative tracking system— Purpose limited. The homicide investigative tracking system and the supervision management and recidivist tracking system are tools for the administration of criminal justice and these systems may not be used for any other purpose. [1998 c 223 § 3.] 43.10.097 (2010 Ed.) 43.10.120 Finding—1998 c 223: See note following RCW 43.10.095. 43.10.101 Report to transportation entities—Tort claims. The attorney general shall prepare annually a report to the transportation committees of the legislature, the governor, the department of transportation, and the transportation commission comprising a comprehensive summary of all cases involving tort claims against the department of transportation involving highways which were concluded and closed in the previous calendar year. The report shall include for each case closed: (1) A summary of the factual background of the case; (2) Identification of the attorneys representing the state and the opposing parties; (3) A synopsis of the legal theories asserted and the defenses presented; (4) Whether the case was tried, settled, or dismissed, and in whose favor; (5) The approximate number of attorney hours expended by the state on the case, together with the corresponding dollar amount billed therefore; and (6) Such other matters relating to the case as the attorney general deems relevant or appropriate, especially including any comments or recommendations for changes in statute law or agency practice that might effectively reduce the exposure of the state to such tort claims. [2006 c 334 § 14; 2005 c 319 § 104; 1995 2nd sp.s. c 14 § 527.] 43.10.101 Effective date—2006 c 334: See note following RCW 47.01.051. Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020. Additional notes found at www.leg.wa.gov 43.10.110 Other powers and duties. The attorney general shall have the power and it shall be his or her duty to perform any other duties that are, or may from time to time be required of him or her by law. [2009 c 549 § 5052; 1965 c 8 § 43.10.110. Prior: 1929 c 92 § 8; RRS § 11034-2.] 43.10.110 43.10.115 Private practice of law—Attorney general—Prohibited. The attorney general shall not practice law for remuneration in his or her private capacity: (1) As an attorney in any court of this state during his or her continuance in office; or (2) As adviser or advocate for any person who may wish to become his or her client. [2009 c 549 § 5053; 1973 c 43 § 2.] 43.10.115 Additional notes found at www.leg.wa.gov 43.10.120 Private practice of law—Deputies and assistants—Prohibited. No full time deputy or assistant attorney general shall practice law for remuneration in his or her private capacity: (1) As an attorney in any court of this state during his or her continuance in office; or (2) As adviser or advocate for any person who may wish to become his or her client. [2009 c 549 § 5054; 1973 c 43 § 3.] 43.10.120 Additional notes found at www.leg.wa.gov [Title 43 RCW—page 71] 43.10.125 Title 43 RCW: State Government—Executive 43.10.125 Private practice of law—Special assistant attorney generals. Special assistant attorney generals employed on less than a full time basis to transact business of a legal or quasi legal nature for the state, such assistants and attorneys may practice law in their private capacity as attorney. [1973 c 43 § 4.] 43.10.125 Additional notes found at www.leg.wa.gov 43.10.130 Private practice of law—Exceptions. None of the provisions of RCW 43.10.010 and 43.10.115 through 43.10.125 shall be construed as prohibiting the attorney general or any of his or her full time deputies or assistants from: (1) Performing legal services for himself or herself or his or her immediate family; or (2) Performing legal services of a charitable nature. [2009 c 549 § 5055; 1973 c 43 § 5.] 43.10.130 Additional notes found at www.leg.wa.gov 43.10.150 Legal services revolving fund—Created— Purpose. A legal services revolving fund is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the legal services provided to agencies of the state government by the attorney general. [1974 ex.s. c 146 § 1; 1971 ex.s. c 71 § 1.] cate costs to funds and agencies served. Billings shall be adjusted in line with actual costs incurred at intervals not to exceed six months. (2) During the 2009-2011 fiscal biennium, all expenses for administration of the office of the attorney general shall be allocated to and paid from the legal services revolving fund in accordance with accounting procedures prescribed by the director of financial management. [2009 c 564 § 930; 2007 c 522 § 951; 2005 c 518 § 927; 2003 1st sp.s. c 25 § 917; 1979 c 151 § 95; 1974 ex.s. c 146 § 3; 1971 ex.s. c 71 § 4.] Effective date—2009 c 564: See note following RCW 2.68.020. Severability—Effective date—2007 c 522: See notes following RCW 15.64.050. Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351. Additional notes found at www.leg.wa.gov 43.10.150 Legal services revolving fund—Approval of certain changes required: RCW 43.88.350. Additional notes found at www.leg.wa.gov 43.10.160 Legal services revolving fund—Transfers and payments into fund—Allotments to attorney general. The amounts to be disbursed from the legal services revolving fund from time to time shall be transferred thereto by the state treasurer from funds appropriated to any and all agencies for legal services or administrative expenses on a quarterly basis. Agencies operating in whole or in part from nonappropriated funds shall pay into the legal services revolving fund such funds as will fully reimburse funds appropriated to the attorney general for any legal services provided activities financed by nonappropriated funds. The director of financial management shall allot all such funds to the attorney general for the operation of his or her office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other agencies headed by elected officers under chapter 43.88 RCW. [2009 c 549 § 5056; 1979 c 151 § 94; 1974 ex.s. c 146 § 2; 1971 ex.s. c 71 § 2.] 43.10.160 Additional notes found at www.leg.wa.gov 43.10.170 Legal services revolving fund—Disbursements. Disbursements from the legal services revolving fund shall be pursuant to vouchers executed by the attorney general or his or her designee in accordance with the provisions of RCW 43.88.160. [2009 c 549 § 5057; 1971 ex.s. c 71 § 3.] 43.10.170 43.10.190 Legal services revolving fund—Direct payments from agencies. In cases where there are unanticipated demands for legal services or where there are insufficient funds on hand or available for payment through the legal services revolving fund or in other cases of necessity, the attorney general may request payment for legal services directly from agencies for whom the services are performed to the extent that revenues or other funds are available. Upon approval by the director of financial management the agency shall make the requested payment. The payment may be made on either an advance or reimbursable basis as approved by the director of financial management. [1979 c 151 § 96; 1971 ex.s. c 71 § 5.] 43.10.190 43.10.200 Legal services revolving fund—Recovered court costs, fees and expenses—Deposit in fund—Expenditure. Court costs, attorneys’ fees, and other expenses recovered by the attorney general shall be deposited in the legal services revolving fund and shall be considered as returned loans of materials supplied or services rendered. Such amounts may be expended in the same manner and under the same conditions and restrictions as set forth in section 11, chapter 282, Laws of 1969 ex. sess. [1971 ex.s. c 71 § 6.] 43.10.200 43.10.210 Antitrust revolving fund—Legislative finding and purpose. The legislature having found that antitrust laws and the enforcement thereof are necessary for the protection of consumers and businesses, and further that the creation of an antitrust revolving fund provides a reasonable means of funding antitrust actions by the attorney general, and that the existence of such a fund increases the possibility of obtaining funding from other sources, now therefore creates the antitrust revolving fund. [1974 ex.s. c 162 § 1.] 43.10.210 43.10.215 Antitrust revolving fund—Created—Contents. There is hereby created the antitrust revolving fund in the custody of the state treasurer which shall consist of: Funds appropriated to the revolving fund, funds transferred to the revolving fund pursuant to a court order or judgment in an antitrust action; gifts or grants made to the revolving fund; and funds awarded to the state or any agency thereof for the 43.10.215 43.10.180 Legal services revolving fund—Allocation of costs to funds and agencies—Accounting—Billing. (1) The attorney general shall keep such records as are necessary to facilitate proper allocation of costs to funds and agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allo43.10.180 [Title 43 RCW—page 72] (2010 Ed.) Attorney General recovery of costs and attorney fees in an antitrust action: PROVIDED HOWEVER, That to the extent that such costs constitute reimbursement for expenses directly paid from constitutionally dedicated funds, such recoveries shall be transferred to the constitutionally dedicated fund. [1974 ex.s. c 162 § 2.] 43.10.220 Antitrust revolving fund—Expenditures. The attorney general is authorized to expend from the antitrust revolving fund, created by RCW 43.10.210 through 43.10.220, such funds as are necessary for the payment of costs, expenses and charges incurred in the preparation, institution and maintenance of antitrust actions under the state and federal antitrust acts. During the 2001-03 fiscal biennium, the attorney general may expend from the antitrust revolving fund for the purposes of the consumer protection activities of the office. [2002 c 371 § 907; 1999 c 309 § 916; 1974 ex.s. c 162 § 3.] 43.10.220 Severability—Effective date—2002 c 371: See notes following RCW 9.46.100. Additional notes found at www.leg.wa.gov 43.10.230 Purpose. The purpose of RCW 43.10.232 is to grant authority to the attorney general concurrent with the county prosecuting attorneys to investigate and prosecute crimes. The purpose of *RCW 43.10.234 is to insure access by the attorney general to the procedural powers of the various prosecuting attorneys in exercising criminal prosecutorial authority granted in RCW 43.10.232 or otherwise granted by the legislature. [1981 c 335 § 1.] 43.10.230 *Reviser’s note: The reference to RCW 43.10.234 appears to be erroneous. RCW 10.01.190 was apparently intended. 43.10.232 Concurrent authority to investigate crimes and initiate and conduct prosecutions—Payment of costs. (1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the request of or with the concurrence of any of the following: (a) The county prosecuting attorney of the jurisdiction in which the offense has occurred; (b) The governor of the state of Washington; or (c) A majority of the committee charged with the oversight of the organized crime intelligence unit. (2) Such request or concurrence shall be communicated in writing to the attorney general. (3) Prior to any prosecution by the attorney general under this section, the attorney general and the county in which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees, and defense attorneys’ fees associated with any such prosecution. [1986 c 257 § 16; 1981 c 335 § 2.] 43.10.270 upon motion of either the prosecuting attorney or the attorney general: (1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and (2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority. [1981 c 335 § 3.] 43.10.240 43.10.240 Investigative and criminal prosecution activity—Annual report—Security protection. The attorney general shall annually report to the chief of the Washington state patrol a summary of the attorney general’s investigative and criminal prosecution activity conducted pursuant to this chapter. Except to the extent the summary describes information that is a matter of public record, the information made available to the chief of the Washington state patrol shall be given all necessary security protection in accordance with the terms and provisions of applicable laws and rules and shall not be revealed or divulged publicly or privately. [2009 c 560 § 26; 1985 c 251 § 1.] Intent—Effective date—Disposition of property and funds— Assignment/delegation of contractual rights or duties—2009 c 560: See notes following RCW 18.06.080. 43.10.250 43.10.250 Appellate review of criminal case. Upon request of a prosecuting attorney, the attorney general may assume responsibility for the appellate review of a criminal case or assist the prosecuting attorney in the appellate review if the attorney general finds that the case involves fundamental issues affecting the public interest and the administration of criminal justice in this state. [1985 c 251 § 2.] 43.10.232 Additional notes found at www.leg.wa.gov 43.10.234 Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorney. If both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, 43.10.234 (2010 Ed.) 43.10.260 43.10.260 Criminal profiteering—Assistance to local officials. The attorney general may: (1) Assist local law enforcement officials in the development of cases arising under the criminal profiteering laws with special emphasis on narcotics related cases; (2) assist local prosecutors in the litigation of criminal profiteering or drug asset forfeiture cases, or, at the request of a prosecutor’s office, litigate such cases on its behalf; and (3) conduct seminars and training sessions on prosecution of criminal profiteering cases and drug asset forfeiture cases. [1991 c 345 § 2.] Findings—1991 c 345: "The legislature finds that drug asset forfeiture and criminal profiteering laws allow law enforcement officials and the courts to strip drug dealers and other successful criminals of the wealth they have acquired from their crimes and the assets they have used to facilitate those crimes. These laws are rarely used by prosecutors, however, because of the difficulty in identifying profiteering and the assets that criminals may have as a result of their crimes. It is the intent of the legislature to provide assistance to local law enforcement officials and state agencies to seize the assets of criminals and the proceeds of their profiteering." [1991 c 345 § 1.] 43.10.270 43.10.270 Criminal profiteering—Asset recovery. All assets recovered pursuant to RCW 43.10.260 shall be distributed in the following manner: (1) For drug asset forfeitures, pursuant to the provisions of RCW 69.50.505; and (2) for criminal profiteering cases, pursuant to the provisions of RCW 9A.82.100. [1991 c 345 § 3.] Findings—1991 c 345: See note following RCW 43.10.260. [Title 43 RCW—page 73] 43.10.280 Title 43 RCW: State Government—Executive 43.10.280 Dependency and termination of parental rights—Legal services to supervising agencies under state contract. The office of the attorney general shall provide, or cause to be provided, legal services in only dependency or termination of parental rights matters to supervising agencies with whom the department of social and health services has entered into performance-based contracts to provide child welfare services as soon as the contracts become effective. [2009 c 520 § 7.] 43.10.280 Chapter 43.12 Chapter 43.12 RCW COMMISSIONER OF PUBLIC LANDS Sections 43.12.010 43.12.021 43.12.031 43.12.041 43.12.045 43.12.055 43.12.065 43.12.075 Powers and duties—Generally. Commissioner—Deputy—Appointment—Powers—Oath. Auditors and cashiers—Other assistants. Official bonds. Rule-making authority. Enforcement in accordance with RCW 43.05.100 and 43.05.110. Rules pertaining to public use of state lands—Enforcement— Penalty. Duty of attorney general—Commissioner may represent state. Abstracts of public lands maintained by: RCW 79.02.200. Administrator of natural resources: RCW 43.30.105. Board of natural resources secretary: RCW 43.30.225. City or metropolitan park district parks or playgrounds, member of citizens committee to investigate and determine needs for tidelands and shorelands: RCW 79.125.710. Duties of, to be prescribed by legislature: State Constitution Art. 3 § 23. Election: State Constitution Art. 3 § 1. Eminent domain against state lands filing judgment with commissioner of public lands: RCW 8.28.010. service of process on: RCW 8.28.010. by corporations, service on: RCW 8.20.020. Escheats conveyance of real property to claimant: RCW 11.08.270. jurisdiction and supervision over real property: RCW 11.08.220. land acquired by, management and control over: RCW 79.10.030. Fees: RCW 79.02.240, 79.02.260. Funds, daily deposit of funds in state treasury: RCW 43.30.325. Harbor line relocation, platting of additional tidelands and shorelands created by: RCW 79.115.020. Local and other improvements and assessments against state lands, tidelands and harbor area assessments, disapproval, effect: RCW 79.44.140. Mistakes, recall of leases, contract or deeds to correct: RCW 79.02.040. Oath of office: RCW 43.01.020. Office may be abolished by legislature: State Constitution Art. 3 § 25. Powers and duties transferred to natural resources department: RCW 43.30.411. Recall of leases, contracts, or deeds to correct mistakes: RCW 79.02.040. Reclamation projects of state: RCW 89.16.080. Reconsideration of official acts: RCW 79.02.040. Records to be kept at state capitol: State Constitution Art. 3 § 24. Recreation and conservation funding board, membership: RCW 79A.25.110. Reports to legislature: RCW 79.10.010. Salary amount of: RCW 43.03.010. regulated by legislature: State Constitution Art. 3 § 23. School lands, data and information furnished to department of natural resources as to sale or lease of: RCW 79.11.020. [Title 43 RCW—page 74] State capitol committee member: RCW 43.34.010. secretary of: RCW 43.34.015. State lands: Title 79 RCW. State parks, withdrawal of public lands from sale, exchange for highway abutting lands, duties: RCW 79A.05.110. Succession to governorship: State Constitution Art. 3 § 10. Survey and map agency, advisory board, appointment: RCW 58.24.020. Term of office: State Constitution Art. 3 § 3; RCW 43.01.010. Underground storage of natural gas lease of public lands for: RCW 80.40.060. notice of application for sent to: RCW 80.40.040. United States land offices, appearance before: RCW 79.02.100. Washington State University real property, annual report as to: RCW 28B.30.310. Wildlife and recreation lands; funding of maintenance and operation: Chapter 79A.20 RCW. Withdrawal of state land from lease for game purposes, powers and duties concerning: RCW 77.12.360. 43.12.010 Powers and duties—Generally. The commissioner of public lands shall exercise such powers and perform such duties as are prescribed by law. [1965 c 8 § 43.12.010. Prior: 1921 c 7 § 119; RRS § 10877.] 43.12.010 43.12.021 Commissioner—Deputy—Appointment— Powers—Oath. The commissioner shall have the power to appoint an assistant, who shall be deputy commissioner of public lands with power to perform any act or duty relating to the office of the commissioner, and, in case of vacancy by death or resignation of the commissioner, shall perform the duties of the office until the vacancy is filled, and shall act as chief clerk in the office of the commissioner, and, before performing any duties, shall take, subscribe, and file in the office of the secretary of state the oath of office required by law of state officers. [2003 c 334 § 305; 1927 c 255 § 14; RRS § 7797-14. Prior: 1903 c 33 § 1; RRS § 7815. Formerly RCW 79.01.056, 43.12.020.] 43.12.021 Intent—2003 c 334: See note following RCW 79.02.010. 43.12.031 Auditors and cashiers—Other assistants. The commissioner shall have the power to appoint an auditor and cashier and such number of other assistants, as the commissioner deems necessary for the performance of the duties of the office. [2003 c 334 § 306; 1927 c 255 § 15; RRS § 7797-15. Formerly RCW 79.01.060, 43.12.030.] 43.12.031 Intent—2003 c 334: See note following RCW 79.02.010. 43.12.041 Official bonds. The commissioner and those appointed by the commissioner shall enter into good and sufficient surety company bonds as required by law, in the following sums: Commissioner, fifty thousand dollars; and other appointees in such sum as may be fixed in the manner provided by law. [2003 c 334 § 307; 1927 c 255 § 16; RRS § 7797-16. Prior: 1907 c 119 §§ 1, 2; RRS §§ 7816, 7817. Formerly RCW 79.01.064, 43.12.040.] 43.12.041 Intent—2003 c 334: See note following RCW 79.02.010. 43.12.045 Rule-making authority. For rules adopted after July 23, 1995, the commissioner of public lands may not rely solely on a section of law stating a statute’s intent or pur43.12.045 (2010 Ed.) Office of Lieutenant Governor pose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. [1995 c 403 § 101.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Additional notes found at www.leg.wa.gov 43.12.055 Enforcement in accordance with RCW 43.05.100 and 43.05.110. Enforcement action taken after July 23, 1995, by the commissioner of public lands or the supervisor of natural resources shall be in accordance with RCW 43.05.100 and 43.05.110. [2003 c 334 § 103; 1995 c 403 § 622.] 43.12.055 Intent—2003 c 334: See note following RCW 79.02.010. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Additional notes found at www.leg.wa.gov 43.12.065 Rules pertaining to public use of state lands—Enforcement—Penalty. (1) For the promotion of the public safety and the protection of public property, the department of natural resources may, in accordance with chapter 34.05 RCW, issue, promulgate, adopt, and enforce rules pertaining to use by the public of state-owned lands and property which are administered by the department. (2)(a) Except as otherwise provided in this subsection, a violation of any rule adopted under this section is a misdemeanor. (b) Except as provided in (c) of this subsection, the department may specify by rule, when not inconsistent with applicable statutes, that violation of such a rule is an infraction under chapter 7.84 RCW: PROVIDED, That violation of a rule relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction. (c) Violation of such a rule equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor. (3) The commissioner of public lands and such of his or her employees as he or she may designate shall be vested with police powers when enforcing: (a) The rules of the department adopted under this section; or (b) The general criminal statutes or ordinances of the state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property. [2003 c 53 § 229; 1987 c 380 § 14; 1979 ex.s. c 136 § 38; 1969 ex.s. c 160 § 1. Formerly RCW 43.30.310.] 43.12.065 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Additional notes found at www.leg.wa.gov 43.12.075 Duty of attorney general—Commissioner may represent state. It shall be the duty of the attorney general, to institute, or defend, any action or proceeding to which the state, or the commissioner or the board, is or may be a party, or in which the interests of the state are involved, in any court of this state, or any other state, or of the United States, or in any department of the United States, or before any board or tribunal, when requested so to do by the com43.12.075 (2010 Ed.) 43.15.010 missioner, or the board, or upon the attorney general’s own initiative. The commissioner is authorized to represent the state in any such action or proceeding relating to any public lands of the state. [2003 c 334 § 431; 1959 c 257 § 40; 1927 c 255 § 194; RRS § 7797-194. Prior: 1909 c 223 § 7; 1897 c 89 § 65; 1895 c 178 § 100. Formerly RCW 79.01.736, 79.08.020.] Intent—2003 c 334: See note following RCW 79.02.010. Chapter 43.15 Chapter 43.15 RCW OFFICE OF LIEUTENANT GOVERNOR Sections 43.15.005 43.15.010 43.15.020 43.15.030 43.15.040 43.15.050 43.15.060 43.15.065 43.15.070 43.15.075 43.15.080 43.15.085 43.15.090 43.15.900 43.15.901 Findings. Duties. President of the senate—Committee and board appointments and assignments. Association of Washington generals—Created. Use of state flag. Legislative international trade account. Legislative committee on economic development and international relations—Purpose—Created—Membership. Legislative committee on economic development and international relations—Subcommittees—Rules of procedure. Legislative committee on economic development and international relations—Powers—Study and review of economic issues. Legislative committee on economic development and international relations—Staff support. Legislative committee on economic development and international relations—Travel expenses. Legislative committee on economic development and international relations—Expenses. Legislative committee on economic development and international relations—Cooperation with committees, agencies, and councils. Severability—1985 c 467. Effective date—1985 c 467. 43.15.005 Findings. The legislature finds that as the duties and responsibilities of the office of lieutenant governor have continued to incrementally increase, they have been distributed among various noncorresponding chapters in statute. The legislature further finds that by consolidating the duties and responsibilities of the office of lieutenant governor under one chapter, it keeps our statutes consistent among the different statewide elected offices and greater facilitates the understanding of the role of the office of lieutenant governor and its many statutorily defined duties and responsibilities. [2006 c 317 § 1.] 43.15.005 43.15.010 Duties. The lieutenant governor has the following duties: (1) The lieutenant governor serves as president of the senate. (2) In addition to the events prescribed under the state Constitution, the lieutenant governor performs the duties of the governor when the governor is out of the state pursuant to RCW 43.06.040 and 43.06.050. When the lieutenant governor is called to perform the duties of the governor, he or she is compensated according to RCW 43.03.020. (3) When delegated to do so under RCW 41.72.030, the lieutenant governor shall award the law enforcement medal of honor during national law enforcement recognition week. [2006 c 317 § 3.] 43.15.010 [Title 43 RCW—page 75] 43.15.020 Title 43 RCW: State Government—Executive 43.15.020 President of the senate—Committee and board appointments and assignments. The lieutenant governor serves as president of the senate and is responsible for making appointments to, and serving on, the committees and boards as set forth in this section. (1) The lieutenant governor serves on the following boards and committees: (a) Capitol furnishings preservation committee, RCW 27.48.040; (b) Washington higher education facilities authority, RCW 28B.07.030; (c) Productivity board, also known as the employee involvement and recognition board, RCW 41.60.015; (d) State finance committee, RCW 43.33.010; (e) State capitol committee, RCW 43.34.010; (f) Washington health care facilities authority, RCW 70.37.030; (g) State medal of merit nominating committee, RCW 1.40.020; (h) Medal of valor committee, RCW 1.60.020; and (i) Association of Washington generals, RCW 43.15.030. (2) The lieutenant governor, and when serving as president of the senate, appoints members to the following boards and committees: (a) Civil legal aid oversight committee, RCW 2.53.010; (b) Office of public defense advisory committee, RCW 2.70.030; (c) Washington state gambling commission, RCW 9.46.040; (d) Sentencing guidelines commission, RCW 9.94A.860; (e) State building code council, RCW 19.27.070; (f) Financial education public-private partnership, RCW 28A.300.450; (g) Joint administrative rules review committee, RCW 34.05.610; (h) Capital projects advisory review board, RCW 39.10.220; (i) Select committee on pension policy, RCW 41.04.276; (j) Legislative ethics board, RCW 42.52.310; (k) Washington citizens’ commission on salaries, RCW 43.03.305; (l) Legislative oral history committee, RCW 44.04.325; (m) State council on aging, RCW 43.20A.685; (n) State investment board, RCW 43.33A.020; (o) Capitol campus design advisory committee, RCW 43.34.080; (p) Washington state arts commission, RCW 43.46.015; (q) Information services board, RCW 43.105.032; (r) Council for children and families, RCW 43.121.020; (s) PNWER-Net working subgroup under chapter 43.147 RCW; (t) Community economic revitalization board, RCW 43.160.030; (u) Washington economic development finance authority, RCW 43.163.020; (v) Life sciences discovery fund authority, RCW 43.350.020; (w) Legislative children’s oversight committee, RCW 44.04.220; 43.15.020 [Title 43 RCW—page 76] (x) Joint legislative audit and review committee, RCW 44.28.010; (y) Joint committee on energy supply and energy conservation, RCW 44.39.015; (z) Legislative evaluation and accountability program committee, RCW 44.48.010; (aa) Agency council on coordinated transportation, RCW 47.06B.020; (bb) Manufactured housing task force, RCW 59.22.090; (cc) Washington horse racing commission, RCW 67.16.014; (dd) Correctional industries board of directors, RCW 72.09.080; (ee) Joint committee on veterans’ and military affairs, RCW 73.04.150; (ff) Joint legislative committee on water supply during drought, RCW 90.86.020; (gg) Statute law committee, RCW 1.08.001; and (hh) Joint legislative oversight committee on trade policy, RCW 44.55.020. [2010 1st sp.s. c 7 § 136; 2010 1st sp.s. c 7 § 135; 2010 c 271 § 704; 2009 c 560 § 27; 2008 c 152 § 9; 2006 c 317 § 4.] Reviser’s note: This section was amended by 2010 c 271 § 704 and by 2010 1st sp.s. c 7 § 136, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005. Intent—Effective date—Disposition of property and funds— Assignment/delegation of contractual rights or duties—2009 c 560: See notes following RCW 18.06.080. Findings—Intent—2008 c 152: See note following RCW 13.34.136. 43.15.030 Association of Washington generals—Created. (1) The association of Washington generals is organized as a private, nonprofit, nonpartisan, corporation in accordance with chapter 24.03 RCW and this section. (2) The purpose of the association of Washington generals is to: (a) Provide the state a means of extending formal recognition for an individual’s outstanding services to the state; and (b) Bring together those individuals to serve the state as ambassadors of trade, tourism, and international goodwill. (3) The association of Washington generals may conduct activities in support of their mission, including but not limited to: (a) Establishing selection criteria for selecting Washington generals; (b) Operating a statewide essay competition; (c) Training Washington generals as ambassadors of the state of Washington, nationally and internationally; and (d) Promoting Washington generals as ambassadors of the state of Washington. (4) The association of Washington generals is governed by a board of directors. The board is composed of the governor, lieutenant governor, and the secretary of state, who serve as ex officio, nonvoting members, and other officers and members as the association of Washington generals designates. The board shall: 43.15.030 (2010 Ed.) Office of Lieutenant Governor (a) Review nominations for and be responsible for the selection of Washington generals; and (b) Establish the title of honorary Washington general to honor worthy individuals from outside the state of Washington. (5) The lieutenant governor’s office may provide technical and financial assistance for the association of Washington generals. (6) The legislature may make appropriations in support of the Washington generals subject to the availability of funds. [2005 c 69 § 1. Formerly RCW 43.342.010.] 43.15.040 Use of state flag. The association of Washington generals may use the image of the Washington state flag to promote the mission of the organization as set forth under *RCW 43.342.010. The association retains any revenue generated by the use of the image, when the usage is consistent with the purposes under *RCW 43.342.010. [2005 c 69 § 2. Formerly RCW 43.342.020.] 43.15.040 *Reviser’s note: RCW 43.342.010 was recodified as RCW 43.15.030 pursuant to 2006 c 317 § 5. 43.15.050 Legislative international trade account. The legislative international trade account is created in the custody of the state treasurer. All moneys received by the president of the senate and the secretary of state from gifts, grants, and endowments for international trade hosting, international relations, and international missions activities must be deposited in the account. Only private, nonpublic gifts, grants, and endowments may be deposited in the account. A person, as defined in RCW 42.52.010, may not donate, gift, grant, or endow more than five thousand dollars per calendar year to the legislative international trade account. Expenditures from the account may be used only for the purposes of international trade hosting, international relations, and international trade mission activities, excluding travel and lodging, in which the president and members of the senate, members of the house of representatives, and the secretary of state participate in an official capacity. An appropriation is not required for expenditures. All requests by individual legislators for use of funds from this account must be first approved by the secretary of the senate for members of the senate or the chief clerk of the house of representatives for members of the house of representatives. All expenditures from the account shall be authorized by the final signed approval of the chief clerk of the house of representatives, the secretary of the senate, and the president of the senate. [2003 c 265 § 1. Formerly RCW 44.04.270.] 43.15.050 43.15.060 Legislative committee on economic development and international relations—Purpose—Created—Membership. (1) Economic development and in particular international trade, tourism, and investment have become increasingly important to Washington, affecting the state’s employment, revenues, and general economic wellbeing. Additionally, economic trends are rapidly changing and the international marketplace has become increasingly competitive as states and countries seek to improve and safeguard their own economic well-being. The purpose of the legislative committee on economic development and interna43.15.060 (2010 Ed.) 43.15.070 tional relations is to provide responsive and consistent involvement by the legislature in economic development to maintain a healthy state economy and to provide employment opportunities to Washington residents. (2) There is created a legislative committee on economic development and international relations which shall consist of six senators and six representatives from the legislature and the lieutenant governor who shall serve as chairperson. The senate members of the committee shall be appointed by the president of the senate and the house members of the committee shall be appointed by the speaker of the house. Not more than three members from each house shall be from the same political party. A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the appointing authority. [2003 c 347 § 1; 1985 c 467 § 17. Formerly RCW 44.52.010.] 43.15.065 43.15.065 Legislative committee on economic development and international relations—Subcommittees— Rules of procedure. The committee shall by majority vote establish subcommittees, and prescribe rules of procedure for itself and its subcommittees which are consistent with this chapter. The committee shall at a minimum establish a subcommittee on international trade and a subcommittee on industrial development. [1985 c 467 § 18. Formerly RCW 44.52.020.] 43.15.070 43.15.070 Legislative committee on economic development and international relations—Powers—Study and review of economic issues. The committee or its subcommittees are authorized to study and review economic development issues with special emphasis on international trade, tourism, investment, and industrial development, and to assist the legislature in developing a comprehensive and consistent economic development policy. The issues under review by the committee shall include, but not be limited to: (1) Evaluating existing state policies, laws, and programs which promote or affect economic development with special emphasis on those concerning international trade, tourism, and investment and determine their cost-effectiveness and level of cooperation with other public and private agencies. (2) Monitoring economic trends, and developing for review by the legislature such appropriate state responses as may be deemed effective and appropriate. (3) Monitoring economic development policies and programs of other states and nations and evaluating their effectiveness. (4) Determining the economic impact of international trade, tourism, and investment upon the state’s economy. (5) Assessing the need for and effect of federal, regional, and state cooperation in economic development policies and programs. [Title 43 RCW—page 77] 43.15.075 Title 43 RCW: State Government—Executive (6) Developing and evaluating legislative proposals concerning the issues specified in this section. [1985 c 467 § 19. Formerly RCW 44.52.030.] Chapter 43.17 RCW ADMINISTRATIVE DEPARTMENTS AND AGENCIES—GENERAL PROVISIONS Chapter 43.17 Sections 43.15.075 43.15.075 Legislative committee on economic development and international relations—Staff support. The committee shall receive the necessary staff support from both the senate and house staff resources. [1985 c 467 § 20. Formerly RCW 44.52.040.] 43.15.080 43.15.080 Legislative committee on economic development and international relations—Travel expenses. The members of the committee shall serve without additional compensation, but shall be reimbursed for their travel expenses, in accordance with RCW 44.04.120, incurred while attending sessions of the committee or meetings of any subcommittee of the committee, while engaged on other committee business authorized by the committee, and while going to and coming from committee sessions or committee meetings. [1985 c 467 § 21. Formerly RCW 44.52.050.] 43.15.085 43.15.085 Legislative committee on economic development and international relations—Expenses. All expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the auditor and signed by the chairperson or vice chairperson of the committee and attested by the secretary of the committee, and the authority of the chairperson and secretary to sign vouchers shall continue until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated generally by the legislature for legislative expenses or upon any special appropriation which may be provided by the legislature for the expenses of the committee or both. [1985 c 467 § 22. Formerly RCW 44.52.060.] 43.15.090 43.15.090 Legislative committee on economic development and international relations—Cooperation with committees, agencies, and councils. The committee shall cooperate, act, and function with legislative committees, executive agencies, and with the councils or committees of other states similar to this committee and with other interstate research organizations. [1985 c 467 § 23. Formerly RCW 44.52.070.] 43.15.900 43.15.900 Severability—1985 c 467. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1985 c 467 § 25. Formerly RCW 44.52.900.] 43.15.901 43.15.901 Effective date—1985 c 467. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985. [1985 c 467 § 26. Formerly RCW 44.52.901.] [Title 43 RCW—page 78] 43.17.010 43.17.020 43.17.030 43.17.040 43.17.050 43.17.060 43.17.070 43.17.100 43.17.110 43.17.120 43.17.130 43.17.150 43.17.200 43.17.205 43.17.210 43.17.230 43.17.240 43.17.250 43.17.310 43.17.320 43.17.330 43.17.340 43.17.350 43.17.360 43.17.370 43.17.380 43.17.385 43.17.390 43.17.400 Departments created. Chief executive officers—Appointment. Powers and duties—Oath. Chief assistant director—Powers. Office at capital—Branch offices. Departmental rules and regulations. Administrative committees. Surety bonds for appointive state officers and employees. Data, information, interdepartmental assistance. Designation of agency to carry out federal social security disability program. Designation of agency to carry out federal social security disability program—Appointment of personnel. Receipt of property or money from United States attorney general—Use, expenditure—Deposit. Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions. Purchase of works of art—Interagency reimbursement for expenditure by visual arts program. Purchase of works of art—Procedure. Emergency information telephone services—Accessibility from all phones required—Charges. Debts owed to the state—Interest rate. Countywide planning policy. Businesses—Rules coordinator to provide list of rules. Interagency disputes—Alternative dispute resolution—Definitions. Interagency disputes—Alternative dispute resolution—Methods. Interagency disputes—Alternative dispute resolution—Exception. Health-related state agencies—Professional health services— Fee schedules. Lease of real property—Term of a lease—Use of proceeds— Retroactive application. Prerelease copy of report or study to local government. Quality management, accountability, and performance system—Definitions. Quality management, accountability, and performance system. Quality management, accountability, and performance system—Independent assessment. Disposition of state-owned land—Definitions—Notice. Collection agency use by state: RCW 19.16.500. Debts owed to state, interest rate: RCW 43.17.240. Facilitating recovery from Mt. St. Helens eruption—Scope of state agency action: RCW 43.01.210. 43.17.010 Departments created. There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of early learning, and (18) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide. [2009 c 565 § 25; 2007 c 341 § 46; 2006 c 265 § 111; 2005 c 333 § 10. Prior: 1993 sp.s. c 2 § 16; 1993 c 472 § 17; 1993 c 280 § 18; 1989 1st ex.s. c 9 § 810; 1987 c 506 § 2; 43.17.010 (2010 Ed.) Administrative Departments and Agencies—General Provisions 43.17.040 334 § 6; 1977 ex.s. c 151 § 21; 1977 c 7 § 2; prior: 1975-’76 2nd ex.s. c 115 § 20; 1975-’76 2nd ex.s. c 105 § 25; 1971 c 11 § 2; prior: 1970 ex.s. c 62 § 29; 1970 ex.s. c 18 § 51; 1969 c 32 § 2; prior: 1967 ex.s. c 26 § 13; 1967 c 242 § 13; 1965 c 156 § 21; 1965 c 8 § 43.17.020; prior: 1957 c 215 § 20; 1955 c 285 § 3; 1953 c 174 § 2; prior: (i) 1935 c 176 § 2; 1933 c 3 § 2; 1929 c 115 § 2; 1921 c 7 § 3; RRS § 10761. (ii) 1937 c 111 § 1, part; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part.] 1985 c 466 § 47; 1984 c 125 § 12; 1981 c 136 § 61; 1979 c 10 § 1; prior: 1977 ex.s. c 334 § 5; 1977 ex.s. c 151 § 20; 1977 c 7 § 1; prior: 1975-’76 2nd ex.s. c 115 § 19; 1975-’76 2nd ex.s. c 105 § 24; 1971 c 11 § 1; prior: 1970 ex.s. c 62 § 28; 1970 ex.s. c 18 § 50; 1969 c 32 § 1; prior: 1967 ex.s. c 26 § 12; 1967 c 242 § 12; 1965 c 156 § 20; 1965 c 8 § 43.17.010; prior: 1957 c 215 § 19; 1955 c 285 § 2; 1953 c 174 § 1; prior: (i) 1937 c 111 § 1, part; RRS § 10760-2, part. (ii) 1935 c 176 § 1; 1933 c 3 § 1; 1929 c 115 § 1; 1921 c 7 § 2; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part. (iv) 1947 c 114 § 5; Rem. Supp. 1947 § 10786-10c.] Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Part headings not law—Effective date—Severability—2006 c 265: See RCW 43.215.904 through 43.215.906. Part headings not law—Effective date—Severability—2006 c 265: See RCW 43.215.904 through 43.215.906. Findings—Intent—2005 c 319: "The legislature finds that it is in the interest of the state to restructure the roles and responsibilities of the state’s transportation agencies in order to improve efficiency and accountability. The legislature also finds that continued citizen oversight of the state’s transportation system remains an important priority. To achieve these purposes, the legislature intends to provide direct accountability of the department of transportation to the governor, in his or her role as chief executive officer of state government, by making the secretary of transportation a cabinet-level official. Additionally, it is essential to clearly delineate between the separate and distinct roles and responsibilities of the executive and legislative branches of government. The role of executive is to oversee the implementation of transportation programs, while the legislature reserves to itself the role of policymaking. Finally, consolidating public outreach and auditing of the state’s transportation agencies under a single citizen-governed entity, the transportation commission, will provide the public with information about the performance of the transportation system and an avenue for direct participation in its oversight." [2005 c 319 § 1.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Department of agriculture: Chapter 43.23 RCW. commerce: Chapter 43.330 RCW. corrections: Chapter 72.09 RCW. ecology: Chapter 43.21A RCW. employment security: Chapter 50.08 RCW. financial institutions: Chapter 43.320 RCW. fish and wildlife: Chapters 43.300 and 77.04 RCW. general administration: Chapter 43.19 RCW. health: Chapter 43.70 RCW. information services: Chapter 43.105 RCW. labor and industries: Chapter 43.22 RCW. licensing: Chapters 43.24, 46.01 RCW. natural resources: Chapter 43.30 RCW. personnel: Chapter 41.06 RCW. retirement systems: Chapter 41.50 RCW. revenue: Chapter 82.01 RCW. services for the blind: Chapter 74.18 RCW. social and health services: Chapter 43.20A RCW. transportation: Chapter 47.01 RCW. veterans affairs: Chapter 43.60A RCW. Additional notes found at www.leg.wa.gov 43.17.020 Chief executive officers—Appointment. There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, and (18) the executive director of the Puget Sound partnership. Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055. [2009 c 565 § 26; 2007 c 341 § 47; 2006 c 265 § 112. Prior: 2005 c 333 § 11; 2005 c 319 § 2; 1995 1st sp.s. c 2 § 2 (Referendum Bill No. 45, approved November 7, 1995); prior: 1993 sp.s. c 2 § 17; 1993 c 472 § 18; 1993 c 280 § 19; 1989 1st ex.s. c 9 § 811; 1987 c 506 § 3; 1985 c 466 § 48; 1984 c 125 § 13; 1981 c 136 § 62; 1979 c 10 § 2; prior: 1977 ex.s. c 43.17.020 (2010 Ed.) Part headings—2005 c 319: "Part headings used in this act are no part of the law." [2005 c 319 § 142.] Effective dates—2005 c 319: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005, except for section 103 of this act which takes effect July 1, 2006." [2005 c 319 § 145.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Additional notes found at www.leg.wa.gov 43.17.030 43.17.030 Powers and duties—Oath. The directors of the several departments shall exercise such powers and perform such executive and administrative duties as are provided by law. Each appointive officer before entering upon the duties of his or her office shall take and subscribe the oath of office prescribed by law for elective state officers, and file the same in the office of the secretary of state. [2009 c 549 § 5058; 1965 c 8 § 43.17.030. Prior: 1921 c 7 § 18; RRS § 10776.] Oaths of elective state officers: RCW 43.01.020. 43.17.040 43.17.040 Chief assistant director—Powers. The director of each department may, from time to time, designate and deputize one of the assistant directors of his or her department to act as the chief assistant director, who shall have charge and general supervision of the department in the absence or disability of the director, and who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director. [2009 c 549 § 5059; 1965 c 8 § 43.17.040. Prior: 1921 c 7 § 118; RRS § 10876.] [Title 43 RCW—page 79] 43.17.050 Title 43 RCW: State Government—Executive 43.17.050 Office at capital—Branch offices. Each department shall maintain its principal office at the state capital. The director of each department may, with the approval of the governor, establish and maintain branch offices at other places than the state capital for the conduct of one or more of the functions of his or her department. The governor, in his or her discretion, may require all administrative departments of the state and the appointive officers thereof, other than those created by this chapter, to maintain their principal offices at the state capital in rooms to be furnished by the director of general administration. [2009 c 549 § 5060; 1965 c 8 § 43.17.050. Prior: (i) 1921 c 7 § 20; RRS § 10778. (ii) 1921 c 7 § 134; RRS § 10892.] 43.17.050 Departments to share occupancy—Capital projects surcharge: RCW 43.01.090. Housing for state offices, departments, and institutions: Chapter 43.82 RCW. 43.17.060 Departmental rules and regulations. The director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto. [2009 c 549 § 5061; 1965 c 8 § 43.17.060. Prior: 1921 c 7 § 19; RRS § 10777.] 43.17.060 43.17.070 Administrative committees. There shall be administrative committees of the state government, which shall be known as: (1) The state finance committee and (2) the state capitol committee. [1982 c 40 § 8; 1965 c 8 § 43.17.070. Prior: 1929 c 115 § 3; 1921 c 7 § 4; RRS § 10762.] 43.17.110 Data, information, interdepartmental assistance. Where power is vested in a department or officer to inspect, examine, secure data or information from, or procure assistance from, another department or officer, such other department or officer shall submit to such inspection or examination, and furnish the data, information, or assistance required. [1965 c 8 § 43.17.110. Prior: 1921 c 7 § 128; RRS § 10886.] 43.17.110 43.17.120 Designation of agency to carry out federal social security disability program. Such state agency as the governor may designate is hereby authorized to enter into an agreement on behalf of the state with the Secretary of Health, Education and Welfare to carry out the provisions of the federal social security act, as amended, relating to the making of determinations of disability under title II of such act. [1965 c 8 § 43.17.120. Prior: 1955 c 200 § 1. Formerly RCW 74.44.010.] 43.17.120 Federal social security for public employees: Chapters 41.33, 41.41, 41.47, and 41.48 RCW. 43.17.130 Designation of agency to carry out federal social security disability program—Appointment of personnel. The state agency entering into such agreement shall appoint such professional personnel and other assistants and employees as may be reasonably necessary to carry out the provisions of RCW 43.17.120 and 43.17.130. [1965 c 8 § 43.17.130. Prior: 1955 c 200 § 2. Formerly RCW 74.44.020.] 43.17.130 43.17.070 State capitol committee: Chapter 43.34 RCW. State finance committee: Chapter 43.33 RCW. Additional notes found at www.leg.wa.gov 43.17.100 Surety bonds for appointive state officers and employees. Every appointive state officer and employee of the state shall give a surety bond, payable to the state in such sum as shall be deemed necessary by the director of the department of general administration, conditioned for the honesty of the officer or employee and for the accounting of all property of the state that shall come into his or her possession by virtue of his or her office or employment, which bond shall be approved as to form by the attorney general and shall be filed in the office of the secretary of state. The director of general administration may purchase one or more blanket surety bonds for the coverage required in this section. Any bond required by this section shall not be considered an official bond and shall not be subject to chapter 42.08 RCW. [2009 c 549 § 5062; 1977 ex.s. c 270 § 7; 1975 c 40 § 6; 1965 c 8 § 43.17.100. Prior: 1921 c 7 § 16; RRS § 10774.] 43.17.100 Official bonds: Chapter 42.08 RCW. Powers and duties of director of general administration as to official bonds: RCW 43.41.360. Additional notes found at www.leg.wa.gov [Title 43 RCW—page 80] 43.17.150 Receipt of property or money from United States attorney general—Use, expenditure—Deposit. (1) Each state agency is authorized to receive property or money made available by the attorney general of the United States under section 881(e) of Title 21 of the United States Code and, except as required to the contrary under subsection (2) of this section, to use the property or spend the money for such purposes as are permitted under both federal law and the state law specifying the powers and duties of the agency. (2) Unless precluded by federal law, all funds received by a state agency under section 881(e) of Title 21 of the United States Code shall be promptly deposited into the state general fund. [2009 c 479 § 27; 1986 c 246 § 1.] 43.17.150 Effective date—2009 c 479: See note following RCW 2.56.030. 43.17.200 Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions. All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art, the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of 43.17.200 (2010 Ed.) Administrative Departments and Agencies—General Provisions the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses or other buildings of a temporary nature. [2005 c 36 § 4; 1983 c 204 § 4; 1974 ex.s. c 176 § 2.] Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090. Purchase of works of art interagency reimbursement for expenditure by visual arts program: RCW 43.17.205. procedure: RCW 43.19.455. State art collection: RCW 43.46.095. Additional notes found at www.leg.wa.gov 43.17.205 Purchase of works of art—Interagency reimbursement for expenditure by visual arts program. The funds allocated under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount or proportionate amount of the moneys under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission thirty days after the sale of a bond or bonds. [1990 c 33 § 574; 1983 c 204 § 3.] 43.17.205 Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Additional notes found at www.leg.wa.gov 43.17.250 (2) If an agency or department of the state makes emergency information services available by telephone, the agency or department shall ensure that the telephone line is accessible from all coin-operated telephones in this state by both the use of coins and the use of a telephone credit card. (3) A state agency that provides an emergency information service by telephone may establish charges to recover the cost of those services. However, an agency charging for the service shall not price it at a profit to create excess revenue for the agency. The agency shall do a total cost-benefit analysis of the available methods of providing the service and shall adopt the method that provides the service at the lowest cost to the user and the agency. (4) "Emergency information services," as used in this section, includes information on road and weather conditions. [1986 c 45 § 1.] 43.17.240 Debts owed to the state—Interest rate. Interest at the rate of one percent per month, or fraction thereof, shall accrue on debts owed to the state, starting on the date the debts become past due. This section does not apply to: (1) Any instance where such interest rate would conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other governmental units. The office of financial management may adopt rules specifying circumstances under which state agencies may waive interest, such as when assessment or collection of interest would not be cost-effective. This section does not affect any authority of the state to charge or collect interest under any other law on a debt owed to the state by a governmental unit. This section applies only to debts which become due on or after July 28, 1991. [1991 c 85 § 2.] 43.17.240 Collection agency use by state: RCW 19.16.500. 43.17.210 Purchase of works of art—Procedure. The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455, 28A.335.210, or 28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies. [2005 c 36 § 5; 1990 c 33 § 575; 1983 c 204 § 5.] 43.17.210 Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Additional notes found at www.leg.wa.gov 43.17.230 Emergency information telephone services—Accessibility from all phones required—Charges. (1) The legislature finds that when the state provides emergency information by telephone to citizens that is of a critical nature, such as road or weather hazards, the information should be accessible from all residential, commercial, and coin-operated telephones. Information such as road and weather conditions should be available to all persons traveling within the state whether they own a telephone in this state or not. 43.17.230 (2010 Ed.) 43.17.250 Countywide planning policy. (1) Whenever a state agency is considering awarding grants or loans for a county, city, or town planning under RCW 36.70A.040 to finance public facilities, it shall consider whether the county, city, or town requesting the grant or loan has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040. (2) When reviewing competing requests from counties, cities, or towns planning under RCW 36.70A.040, a state agency considering awarding grants or loans for public facilities shall accord additional preference to those counties, cities, or towns that have adopted a comprehensive plan and development regulations as required by RCW 36.70A.040. For the purposes of the preference accorded in this section, a county, city, or town planning under RCW 36.70A.040 is deemed to have satisfied the requirements for adopting a comprehensive plan and development regulations specified in RCW 36.70A.040 if the county, city, or town: (a) Adopts or has adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040; (b) Adopts or has adopted a comprehensive plan and development regulations before submitting a request for a grant or loan if the county, city, or town failed to adopt a comprehensive plan and/or development regulations within the time periods specified in RCW 36.70A.040; or 43.17.250 [Title 43 RCW—page 81] 43.17.310 Title 43 RCW: State Government—Executive (c) Demonstrates substantial progress toward adopting a comprehensive plan or development regulations within the time periods specified in RCW 36.70A.040. A county, city, or town that is more than six months out of compliance with the time periods specified in RCW 36.70A.040 shall not be deemed to demonstrate substantial progress for purposes of this section. (3) The preference specified in subsection (2) of this section applies only to competing requests for grants or loans from counties, cities, or towns planning under RCW 36.70A.040. A request from a county, city, or town planning under RCW 36.70A.040 shall be accorded no additional preference based on subsection (2) of this section over a request from a county, city, or town not planning under RCW 36.70A.040. (4) Whenever a state agency is considering awarding grants or loans for public facilities to a special district requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040 and shall apply the preference specified in subsection (2) of this section and restricted in subsection (3) of this section. [1999 c 164 § 601; 1991 sp.s. c 32 § 25.] Reviser’s note: 1991 sp.s. c 32 directed that this section be added to chapter 43.01 RCW. The placement appears inappropriate and the section has been codified as part of chapter 43.17 RCW. Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010. Additional notes found at www.leg.wa.gov 43.17.310 Businesses—Rules coordinator to provide list of rules. The rules coordinator under RCW 34.05.310 shall be knowledgeable regarding the agency’s rules that affect businesses. The rules coordinator shall provide a list of agency rules applicable at the time of the request to a specific class or line of business, which are limited to that specific class or line as opposed to generic rules applicable to most businesses, to the *business assistance center when so requested by the *business assistance center for the specific class or line of business. [1992 c 197 § 5.] 43.17.310 *Reviser’s note: The business assistance center and its powers and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085, 43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June 30, 1996. 43.17.320 Interagency disputes—Alternative dispute resolution—Definitions. For purposes of RCW 43.17.320 through 43.17.340, "state agency" means: (1) Any agency for which the executive officer is listed in *RCW 42.17.2401(1); and (2) The office of the secretary of state; the office of the state treasurer; the office of the state auditor; the department of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction. [1993 c 279 § 2.] 43.17.320 *Reviser’s note: RCW 42.17.2401 was recodified as RCW 42.17A.705 pursuant to 2010 c 204 § 1102, effective January 1, 2012. Intent—1993 c 279: "It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by [Title 43 RCW—page 82] establishing alternative dispute resolution processes available to any agency." [1993 c 279 § 1.] 43.17.330 Interagency disputes—Alternative dispute resolution—Methods. Whenever a dispute arises between state agencies, agencies shall employ every effort to resolve the dispute themselves without resorting to litigation. These efforts shall involve alternative dispute resolution methods. If a dispute cannot be resolved by the agencies involved, any one of the disputing agencies may request the governor to assist in the resolution of the dispute. The governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such methods may include, but are not limited to, the appointment by the governor of a mediator, acceptable to the disputing agencies, to assist in the resolution of the dispute. The governor may also request assistance from the attorney general to advise the mediator and the disputing agencies. [1993 c 279 § 3.] 43.17.330 Intent—1993 c 279: See note following RCW 43.17.320. 43.17.340 Interagency disputes—Alternative dispute resolution—Exception. RCW 43.17.320 and 43.17.330 shall not apply to any state agency that is a party to a lawsuit, which: (1) Impleads another state agency into the lawsuit when necessary for the administration of justice; or (2) files a notice of appeal, petitions for review, or makes other filings subject to time limits, in order to preserve legal rights and remedies. [1993 c 279 § 4.] 43.17.340 Intent—1993 c 279: See note following RCW 43.17.320. 43.17.350 Health-related state agencies—Professional health services—Fee schedules. For the purpose of accurately describing professional health services purchased by the state, health-related state agencies may develop fee schedules based on billing codes and service descriptions published by the American medical association or the United States federal health care financing administration, or develop agency unique codes and service descriptions. [1995 1st sp.s. c 6 § 20.] 43.17.350 Additional notes found at www.leg.wa.gov 43.17.360 Lease of real property—Term of a lease— Use of proceeds—Retroactive application. (1) The department of social and health services and other state agencies may lease real property and improvements thereon to a consortium of three or more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults. (2) A lease governed by subsection (1) of this section shall not charge more than one dollar per year for the land value and facilities value, during the initial term of the lease, but the lease may include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. The initial term of a lease governed by subsection (1) of this section shall not exceed twenty years, except as provided in subsection (4) of this section. A lease renewed under subsection (1) of this section after the initial term shall charge the fair rental value for the land and improvements other than those improvements paid for by a contracting consortium. 43.17.360 (2010 Ed.) Administrative Departments and Agencies—General Provisions The renewed lease may also include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. For the purposes of this subsection, fair rental value shall be determined by the commissioner of public lands in consultation with the department and shall not include the value of any improvements paid for by a contracting consortium. (3) The net proceeds generated from any lease entered or renewed under subsection (1) of this section involving land and facilities on the grounds of eastern state hospital shall be used solely for the benefit of eastern state hospital programs for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full benefit intended by this section, and that such effect will not be diminished by budget adjustments inconsistent with this intent. (4) The initial term of a lease under subsection (1) of this section entered into after January 1, 1996, and involving the grounds of Eastern State hospital, shall not exceed fifty years. This subsection applies retroactively, and the department shall modify any existing leases to comply with the terms of this subsection. No other terms of a lease modified by this subsection may be modified unless both parties agree. [1997 c 349 § 1; 1996 c 261 § 2.] Additional notes found at www.leg.wa.gov 43.17.370 Prerelease copy of report or study to local government. (1) An agency, prior to releasing a final report or study regarding management by a county, city, town, special purpose district, or other unit of local government of a program delegated to the local government by the agency or for which the agency has regulatory responsibility, shall provide copies of a draft of the report or study at least two weeks in advance of the release of the final report or study to the legislative body of the local government. The agency shall, at the request of a local government legislative body, meet with the legislative body before the release of a final report or study regarding the management of such a program. (2) For purposes of this section, "agency" means an office, department, board, commission, or other unit of state government, other than a unit of state government headed by a separately elected official. [1997 c 409 § 603.] 43.17.370 Additional notes found at www.leg.wa.gov 43.17.380 Quality management, accountability, and performance system—Definitions. As used in RCW 43.17.385 and 43.17.390: (1) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education, and all offices of executive branch state government-elected officials, except agricultural commissions under Title 15 RCW. (2) "Quality management, accountability, and performance system" means a nationally recognized integrated, interdisciplinary system of measures, tools, and reports used to improve the performance of a work unit or organization. [2005 c 384 § 2.] 43.17.380 (2010 Ed.) 43.17.385 Findings—2005 c 384: "The legislature finds that: (1) Citizens demand and deserve accountability of public programs and activities. Public programs must continuously improve accountability and performance reporting in order to increase public trust. (2) Washington state government agencies must continuously improve their management and performance so citizens receive maximum value for their tax dollars. (3) The application of best practices in performance management has improved results and accountability in many Washington state agencies and other jurisdictions. (4) All Washington state agencies must develop a performance-based culture that can better demonstrate accountability and achievement." [2005 c 384 § 1.] 43.17.385 Quality management, accountability, and performance system. (1) Each state agency shall, within available funds, develop and implement a quality management, accountability, and performance system to improve the public services it provides. (2) Each agency shall ensure that managers and staff at all levels, including those who directly deliver services, are engaged in the system and shall provide managers and staff with the training necessary for successful implementation. (3) Each agency shall, within available funds, ensure that its quality management, accountability, and performance system: (a) Uses strategic business planning to establish goals, objectives, and activities consistent with the priorities of government, as provided in statute; (b) Engages stakeholders and customers in establishing service requirements and improving service delivery systems; (c) Includes clear, relevant, and easy-to-understand measures for each activity; (d) Gathers, monitors, and analyzes activity data; (e) Uses the data to evaluate the effectiveness of programs to manage process performance, improve efficiency, and reduce costs; (f) Establishes performance goals and expectations for employees that reflect the organization’s objectives; and provides for regular assessments of employee performance; (g) Uses activity measures to report progress toward agency objectives to the agency director at least quarterly; (h) Where performance is not meeting intended objectives, holds regular problem-solving sessions to develop and implement a plan for addressing gaps; and (i) Allocates resources based on strategies to improve performance. (4) Each agency shall conduct a yearly assessment of its quality management, accountability, and performance system. (5) State agencies whose chief executives are appointed by the governor shall report to the governor on agency performance at least quarterly. The reports shall be included on the agencies’, the governor’s, and the office of financial management’s web sites. (6) The governor shall report annually to citizens on the performance of state agency programs. The governor’s report shall include: (a) Progress made toward the priorities of government as a result of agency activities; and (b) Improvements in agency quality management systems, fiscal efficiency, process efficiency, asset management, 43.17.385 [Title 43 RCW—page 83] 43.17.390 Title 43 RCW: State Government—Executive personnel management, statutory and regulatory compliance, and management of technology systems. (7) Each state agency shall integrate efforts made under this section with other management, accountability, and performance systems undertaken under executive order or other authority. [2005 c 384 § 3.] Findings—2005 c 384: See note following RCW 43.17.380. 43.17.390 Quality management, accountability, and performance system—Independent assessment. Starting in 2012, and at least once every three years thereafter, each agency shall apply to the Washington state quality award, or similar organization, for an independent assessment of its quality management, accountability, and performance system. The assessment shall evaluate the effectiveness of all elements of its management, accountability, and performance system, including: Leadership, strategic planning, customer focus, analysis and information, employee performance management, and process improvement. The purpose of the assessment is to recognize best practice and identify improvement opportunities. [2009 c 564 § 931; 2005 c 384 § 4.] 43.17.390 requirement obligating state agencies to notify local governments of proposed land dispositions." [2007 c 62 § 1.] Severability—2007 c 62: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2007 c 62 § 13.] Chapter 43.19 RCW DEPARTMENT OF GENERAL ADMINISTRATION Chapter 43.19 Sections 43.19.010 43.19.011 43.19.014 43.19.015 43.19.025 43.19.035 43.19.123 43.19.125 43.19.180 43.19.185 Effective date—2009 c 564: See note following RCW 2.68.020. 43.19.190 Findings—2005 c 384: See note following RCW 43.17.380. 43.19.1901 43.17.400 Disposition of state-owned land—Definitions—Notice. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Disposition" means sales, exchanges, or other actions resulting in a transfer of land ownership. (b) "State agencies" includes: (i) The department of natural resources established in chapter 43.30 RCW; (ii) The department of fish and wildlife established in chapter 43.300 RCW; (iii) The department of transportation established in chapter 47.01 RCW; (iv) The parks and recreation commission established in chapter 79A.05 RCW; and (v) The department of general administration established in this chapter. (2) State agencies proposing disposition of state-owned land must provide written notice of the proposed disposition to the legislative authorities of the counties, cities, and towns in which the land is located at least sixty days before entering into the disposition agreement. (3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state. [2007 c 62 § 2.] 43.17.400 Finding—Intent—2007 c 62: "The legislature recognizes that state agencies dispose of state-owned lands when these lands cannot be advantageously used by the agency or when dispositions are beneficial to the public’s interest. The legislature also recognizes that dispositions of stateowned land can create opportunities for counties, cities, and towns wishing to purchase or otherwise acquire the lands, and citizens wishing to enjoy the lands for recreational or other purposes. However, the legislature finds that absent a specific requirement obligating state agencies to notify affected local governments of proposed land dispositions, occasions for governmental acquisition and public enjoyment of certain lands can be permanently lost. Therefore, the legislature intends to enact an express and supplemental [Title 43 RCW—page 84] 43.19.1905 43.19.19052 43.19.19054 43.19.1906 43.19.1908 43.19.1911 43.19.1913 43.19.1914 43.19.1915 43.19.1917 43.19.1919 43.19.19190 43.19.19191 43.19.1920 43.19.19201 43.19.1921 43.19.1923 43.19.1925 43.19.1932 43.19.1937 43.19.1939 43.19.200 43.19.205 43.19.450 43.19.455 43.19.500 43.19.501 43.19.520 Director—Authority, appointment, salary. Director—Powers and duties. Notification requirements. Certain powers and duties of director of public institutions transferred to director of financial institutions. General administration services account. Commemorative works account. Powers, duties, and functions pertaining to energy efficiency in public buildings—Transfer from state energy office— References to director or state energy office. Powers and duties—Division of capitol buildings. State purchasing and material control director—Appointment—Personnel. State purchasing and material control director—System for the use of credit cards or similar devices to be developed— Rules. State purchasing and material control director—Powers and duties. "Purchase" includes leasing or renting—Electronic data processing equipment excepted. Statewide policy for purchasing and material control— Working group—Definitions. Initial purchasing and material control policy—Legislative intent—Agency cooperation. Exemptions from statewide policy for purchasing and material control. Competitive bids—Procedure—Exceptions. Bids—Solicitation—Qualified bidders. Competitive bids—Notice of modification or cancellation— Cancellation requirements—Lowest responsible bidder— Preferential purchase—Life cycle costing. Rejection of bid for previous unsatisfactory performance. Low bidder claiming error—Prohibition on later bid for same project. Bidder’s bond—Annual bid bond. Records of equipment owned by state—Inspection—"State equipment" defined. Surplus personal property—Sale, exchange—Exceptions and limitations. Surplus property—Exemption for original or historic state capitol furnishings. Surplus computers and computer-related equipment—Donation to school districts or educational service districts. Surplus personal property—Donation to emergency shelters. Affordable housing—Inventory of suitable property. Central stores warehouse facilities—Central maintenance, repair—Sales, exchanges, between state agencies. General administration services account—Use. Combined purchases of commonly used items—Advance payments by state agencies—Costs of operating central stores. Correctional industries goods and services—Sales and purchases. Acceptance of benefits, gifts, etc., prohibited—Penalties. Unlawful to offer, give, accept, benefits as inducement for or to refrain from bidding—Penalty. Duty of others in relation to purchases—Emergency purchases—Written notifications. Chapter not applicable to certain transfers of property. Supervisor of engineering and architecture—Qualifications—Appointment—Powers and duties—Delegation of authority. Purchase of works of art—Procedure. General administration services account—Use. Thurston county capital facilities account. Purchase of products and services from entities serving or providing opportunities for disadvantaged or disabled persons—Intent. (2010 Ed.) Department of General Administration 43.19.525 43.19.530 43.19.533 43.19.534 43.19.535 43.19.536 43.19.538 43.19.539 43.19.560 43.19.565 43.19.570 43.19.575 43.19.585 43.19.590 43.19.595 43.19.600 43.19.610 43.19.615 43.19.620 43.19.625 43.19.630 43.19.635 43.19.637 43.19.642 43.19.643 43.19.646 43.19.647 43.19.648 43.19.651 43.19.663 43.19.668 43.19.669 43.19.670 43.19.675 43.19.680 43.19.682 43.19.685 43.19.691 43.19.695 43.19.700 43.19.702 43.19.704 43.19.708 43.19.710 43.19.715 43.19.720 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Definitions. Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Authorized—Fair market price. Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Existing contracts not impaired—Solicitation of vendors in good standing. Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules. Purchase of goods and services from inmate work programs. Contracts subject to requirements established under office of minority and women’s business enterprises. Purchase of products containing recycled material—Preference—Specifications and rules—Review. Purchase of electronic products meeting environmental performance standards—Surplus electronic products—Use of registered transporters, processors—Legal secondary markets. Motor vehicle transportation service—Definitions. Motor vehicle transportation service—Powers and duties. Motor vehicle transportation service—Responsibilities— Agreements with other agencies—Alternative fuels and clean technologies. Passenger motor vehicles owned or operated by state agencies—Duty of the office of financial management to establish policies as to acquisition, operation, authorized use, etc. Motor vehicle transportation service—Supervisor of motor transport—Powers and duties. Motor vehicle transportation service—Transfer of employees—Retention of employment rights. Motor vehicle transportation service—Transfer of motor vehicles, property, etc., from motor pool to department. Motor vehicle transportation service—Transfer of passenger motor vehicles to department from other agencies—Studies. General administration services account—Sources—Disbursements. Motor vehicle transportation service—Deposits—Disbursements. Motor vehicle transportation service—Rules and regulations. Employee commuting in state owned or leased vehicle—Policies and regulations. Motor vehicle transportation service—Use of personal motor vehicle. Motor vehicle transportation service—Unauthorized use of state vehicles—Procedure—Disciplinary action. Clean-fuel vehicles—Purchasing requirements. Biodiesel fuel blends—Use by agencies—Biannual report. Biodiesel fuel blends—Definitions. Coordinating the purchase and delivery of biodiesel— Reports. Purchase of biofuels and biofuel blends—Contracting authority. Publicly owned vehicles, vessels, and construction equipment—Fuel usage—Tires. Fuel cells and renewable or alternative energy sources. Clean technologies—Purchase. Energy conservation—Legislative finding—Declaration. Energy conservation—Purpose. Energy conservation—Definitions. Energy audits of state-owned facilities required—Completion dates. Implementation of energy conservation and maintenance procedures after walk-through survey—Investment grade audit—Reports—Contracts with energy service companies, staffing. Energy conservation to be included in landscape objectives. Lease covenants, conditions, and terms to be developed— Applicability. Municipalities—Energy audits and efficiency. Bonds to finance conservation measures. In-state preference clauses—Finding—Intent. List of statutes and regulations of each state on state purchasing which grant preference to in-state vendors. Rules for reciprocity in bidding. Certified vendor-owned businesses—Identification in vendor registry. Consolidated mail service—Definitions. Consolidated mail service—Area served. Consolidated mail service—Review needs of state agencies. Administration of the jobs act: RCW 43.331.040. (2010 Ed.) 43.19.011 Archives and records management division: Chapter 40.14 RCW. Buildings, provision to be made for use by aged and individuals with disabilities: Chapter 70.92 RCW. Capital projects advisory review board, provision of staff support: RCW 39.10.220. Capitol campus design advisory committee: RCW 43.34.080. Department created: RCW 43.17.010. Director appointment: RCW 43.17.020. chief assistants: RCW 43.17.040. control of traffic on capitol grounds: RCW 46.08.150. oath: RCW 43.17.030. vacancy in office of: RCW 43.17.020, 43.17.040. East capitol site, powers and duties: Chapter 79.24 RCW. Federal surplus property, powers and duties: Chapter 39.32 RCW. Housing for state offices, departments, and institutions: Chapter 43.82 RCW. Inventory of state-owned property: RCW 43.19.19201, 43.20A.035, 43.20A.037, 43.41.150, 43.63A.510, 43.82.150, 47.12.064, 72.09.055, and 79.02.400. Office located at state capital: RCW 43.17.050. Parking facilities and traffic on capitol grounds: RCW 46.08.150 and 79.24.300 through 79.24.320. Rules and regulations: RCW 43.17.060. 43.19.010 Director—Authority, appointment, salary. The director of general administration shall be the executive head of the department of general administration. The director shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The director shall receive a salary in an amount fixed by the governor in accordance with RCW 43.03.040. [1999 c 229 § 1; 1993 c 472 § 19; 1988 c 25 § 10; 1975 1st ex.s. c 167 § 1; 1965 c 8 § 43.19.010. Prior: 1959 c 301 § 1; 1955 c 285 § 4; 1955 c 195 § 6; 1935 c 176 § 11; prior: 1909 c 38 §§ 1-7; 1907 c 166 §§ 3-5; 1901 c 119 §§ 1-9; RRS § 10786-10.] 43.19.010 Additional notes found at www.leg.wa.gov 43.19.011 Director—Powers and duties. (1) The director of general administration shall supervise and administer the activities of the department of general administration and shall advise the governor and the legislature with respect to matters under the jurisdiction of the department. (2) In addition to other powers and duties granted to the director, the director shall have the following powers and duties: (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter; (b) Accept and expend gifts and grants that are related to the purposes of this chapter, whether such grants be of federal or other funds; (c) Appoint a deputy director and such assistant directors and special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW; (d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this chapter; (e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the department; and 43.19.011 [Title 43 RCW—page 85] 43.19.014 Title 43 RCW: State Government—Executive (f) Perform other duties as are necessary and consistent with law. (3) The director may establish additional advisory groups as may be necessary to carry out the purposes of this chapter. (4) The internal affairs of the department shall be under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law. [1999 c 229 § 2.] 43.19.014 Notification requirements. Actions under this chapter are subject to the notification requirements of RCW 43.17.400. [2007 c 62 § 12.] 43.19.014 Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400. 43.19.015 Certain powers and duties of director of public institutions transferred to director of financial institutions. The director of financial institutions shall have the power and duties of the director of public institutions contained in the following chapters of RCW: Chapter 33.04 RCW concerning savings and loan associations; and chapter 39.32 RCW concerning purchase of federal property. [1994 c 92 § 495; 1984 c 29 § 2; 1983 c 3 § 101; 1981 c 115 § 2; 1965 c 8 § 43.19.015. Prior: 1955 c 285 § 18.] 43.19.015 Additional notes found at www.leg.wa.gov 43.19.025 General administration services account. The general administration services account is created in the custody of the state treasurer and shall be used for all activities previously budgeted and accounted for in the following internal service funds: The motor transport account, the general administration management fund, the general administration facilities and services revolving fund, the central stores revolving fund, the surplus property purchase revolving fund, and the energy efficiency services account. Only the director or the director’s designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW. [2002 c 332 § 3; 2001 c 292 § 2; 1998 c 105 § 1.] 43.19.025 Intent—Effective date—2002 c 332: See notes following RCW 43.41.280. Additional notes found at www.leg.wa.gov 43.19.035 Commemorative works account. (1) The commemorative works account is created in the custody of the state treasurer and shall be used by the department of general administration for the ongoing care, maintenance, and repair of commemorative works on the state capitol grounds. Only the director or the director’s designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not necessary for expenditures. 43.19.035 [Title 43 RCW—page 86] (2) For purposes of this section, "state capitol grounds" means buildings and land owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, the north capitol campus, the Tumwater campus, the Lacey campus, Sylvester Park, Centennial Park, the Old Capitol Building, and Capitol Lake. [2005 c 16 § 1.] 43.19.123 Powers, duties, and functions pertaining to energy efficiency in public buildings—Transfer from state energy office—References to director or state energy office. (1) All powers, duties, and functions of the state energy office pertaining to energy efficiency in public buildings are transferred to the department of general administration. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the director or the department of general administration when referring to the functions transferred in this section. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of general administration. All cabinets, furniture, office equipment, software, database, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of general administration. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of general administration. (b) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on July 1, 1996, be transferred and credited to the department of general administration. (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) Within funds available, employees of the state energy office whose primary responsibility is performing the powers, functions, and duties pertaining to energy efficiency in public buildings are transferred to the jurisdiction of the department of general administration. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. (4) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of general administration. All existing contracts and obligations, excluding personnel contracts and obligations, shall remain in full force and shall be performed by the department of general administration. 43.19.123 (2010 Ed.) Department of General Administration (5) The transfer of the powers, duties, functions, and personnel of the state energy office shall not affect the validity of any act performed before July 1, 1996. (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [1996 c 186 § 401.] Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. 43.19.125 Powers and duties—Division of capitol buildings. (1) The director of general administration, through the division of capitol buildings, shall have custody and control of the capitol buildings and grounds, supervise and direct proper care, heating, lighting and repairing thereof, and designate rooms in the capitol buildings to be occupied by various state officials. (2) During the 2007-2009 biennium, responsibility for development of the "Wheeler block" on the capitol campus as authorized in section 6013, chapter 520, Laws of 2007 shall be transferred from the department of general administration to the department of information services. The department of general administration and the department of information services shall develop a joint operating agreement for the new facilities on the "Wheeler block" and provide copies of that agreement to the appropriate committees of the legislature by December 30, 2008. (3) During the 2007-2009 biennium, responsibility for development of the Pritchard building rehabilitation on the capitol campus as authorized in section 1090, chapter 520, Laws of 2007 shall be transferred from the department of general administration to the statute law committee. [2007 c 520 § 6014; 1965 c 8 § 43.19.125. Prior: 1959 c 301 § 2; 1955 c 285 § 9.] 43.19.125 Part headings not law—2007 c 520: "Part headings in this act are not any part of the law." [2007 c 520 § 6055.] Severability—2007 c 520: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2007 c 520 § 6056.] Effective dates—2007 c 520: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2007], except for section 6035 of this act which takes effect July 1, 2007, and section 6037 of this act which takes effect June 30, 2011." [2007 c 520 § 6057.] Capitol campus design advisory committee: RCW 43.34.080. East capitol site, acquisition and development: RCW 79.24.500 through 79.24.600. Housing for state offices: Chapter 43.82 RCW. Parking facilities and traffic on capitol grounds: RCW 79.24.300 through 79.24.320, 46.08.150. Public buildings, earthquake standards for construction: Chapter 70.86 RCW. 43.19.180 State purchasing and material control director—Appointment—Personnel. The director of general administration shall appoint and deputize an assistant 43.19.180 (2010 Ed.) 43.19.190 director to be known as the state purchasing and material control director, who shall have charge and supervision of the division of purchasing. In this capacity he or she shall ensure that overall state purchasing and material control policy is implemented by state agencies, including educational institutions, within established time limits. With the approval of the director of general administration, he or she may appoint and employ such assistants and personnel as may be necessary to carry on the work of the division. [2009 c 549 § 5063; 1975-’76 2nd ex.s. c 21 § 1; 1965 c 8 § 43.19.180. Prior: 1955 c 285 § 10; 1935 c 176 § 16; RRS § 10786-15; prior: 1921 c 7 § 31; RRS § 10789.] Additional notes found at www.leg.wa.gov 43.19.185 State purchasing and material control director—System for the use of credit cards or similar devices to be developed—Rules. (1) The director of general administration through the state purchasing and material control director shall develop a system for state agencies and departments to use credit cards or similar devices to make purchases. The director may contract to administer the credit cards. (2) The director of general administration through the state purchasing and material control director shall adopt rules for: (a) The distribution of the credit cards; (b) The authorization and control of the use of the credit cards; (c) The credit limits available on the credit cards; (d) Instructing users of gasoline credit cards to use selfservice islands whenever possible; (e) Payments of the bills; and (f) Any other rule necessary to implement or administer the program under this section. [1987 c 47 § 1; 1982 1st ex.s. c 45 § 1.] 43.19.185 43.19.190 State purchasing and material control director—Powers and duties. The director of general administration, through the state purchasing and material control director, shall: (1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939; (2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state: PROVIDED, That the provisions of RCW 43.19.190 through 43.19.1937 do not apply in any manner to the operation of the state legislature except as requested by the legislature: PROVIDED, That any agency may purchase material, supplies, services, and equipment for which the agency has notified the purchasing and material control director that it is more costeffective for the agency to make the purchase directly from the vendor: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research 43.19.190 [Title 43 RCW—page 87] 43.19.1901 Title 43 RCW: State Government—Executive material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER, That universities operating hospitals and the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans’ institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations: PROVIDED FURTHER, That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies shall rest with the state agency concerned: PROVIDED FURTHER, That authority to purchase services as included herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests assistance from the division of purchasing in obtaining personal services and resources are available within the division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and bonds shall rest with the risk manager under *RCW 43.19.1935: PROVIDED FURTHER, That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under RCW 28B.10.029: PROVIDED FURTHER, That the authority to purchase interpreter services and interpreter brokerage services on behalf of limited-English speaking or sensoryimpaired applicants and recipients of public assistance shall rest with the department of social and health services; (3) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify restrictions as to dollar amount or to specific types of material, equipment, services, and supplies. Acceptance of the purchasing authorization by a state agency does not relieve such agency from conformance with other sections of RCW 43.19.190 through 43.19.1939, or from policies established by the director. Also, delegation of such authorization to a state agency, including an educational institution to which this section applies, to purchase or sell material, equipment, services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in substantial compliance with overall state purchasing and material control policies as established herein; (4) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state; (5) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division; (6) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed; (7) Provide for the maintenance of a catalogue library, manufacturers’ and wholesalers’ lists, and current market information; (8) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications; [Title 43 RCW—page 88] (9) Provide for the maintenance of inventory records of supplies, materials, and other property; (10) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors; (11) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies; (12) Advise state agencies, including educational institutions, regarding compliance with established purchasing and material control policies under existing statutes. [2002 c 200 § 3; 1995 c 269 § 1401; 1994 c 138 § 1; 1993 sp.s. c 10 § 2; 1993 c 379 § 102; 1991 c 238 § 135. Prior: 1987 c 414 § 10; 1987 c 70 § 1; 1980 c 103 § 1; 1979 c 88 § 1; 1977 ex.s. c 270 § 4; 1975-’76 2nd ex.s. c 21 § 2; 1971 c 81 § 110; 1969 c 32 § 3; prior: 1967 ex.s. c 104 § 2; 1967 ex.s. c 8 § 51; 1965 c 8 § 43.19.190; prior: 1959 c 178 § 1; 1957 c 187 § 1; 1955 c 285 § 12; prior: (i) 1935 c 176 § 21; RRS § 10786-20. (ii) 1921 c 7 § 42; RRS § 10800. (iii) 1955 c 285 § 12; 1921 c 7 § 37, part; RRS § 10795, part.] *Reviser’s note: RCW 43.19.1935 was recodified as RCW 43.41.310 pursuant to 2002 c 332 § 25. Findings—2002 c 200: See note following RCW 39.29.040. Purpose—1993 sp.s. c 10: "The legislature recognizes the need for state agencies to maximize the buying power of increasingly scarce resources for the purchase of goods and services. The legislature seeks to provide state agencies with the ability to purchase goods and services at the lowest cost." [1993 sp.s. c 10 § 1.] Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029. Federal surplus property: Chapter 39.32 RCW. Purchase of blind made products and services: Chapter 19.06 RCW. Additional notes found at www.leg.wa.gov 43.19.1901 "Purchase" includes leasing or renting— Electronic data processing equipment excepted. The term "purchase" as used in RCW 43.19.190 through 43.19.200, and as they may hereafter be amended, shall include leasing or renting: PROVIDED, That the purchasing, leasing or renting of electronic data processing equipment shall not be included in the term "purchasing" if and when such transactions are otherwise expressly provided for by law. The acquisition of job services and all other services for the family independence program under *chapter 74.21 RCW shall not be included in the term "purchasing" under this chapter. [1987 c 434 § 23; 1983 c 3 § 102; 1967 ex.s. c 104 § 1.] 43.19.1901 *Reviser’s note: Chapter 74.21 RCW expired June 30, 1993, pursuant to 1988 c 43 § 5. 43.19.1905 Statewide policy for purchasing and material control—Working group—Definitions. (1) The director of general administration shall establish overall state policy for compliance by all state agencies, including educational institutions, regarding the following purchasing and material control functions: (a) Development of a state commodity coding system, including common stock numbers for items maintained in stores for reissue; 43.19.1905 (2010 Ed.) Department of General Administration (b) Determination where consolidations, closures, or additions of stores operated by state agencies and educational institutions should be initiated; (c) Institution of standard criteria for determination of when and where an item in the state supply system should be stocked; (d) Establishment of stock levels to be maintained in state stores, and formulation of standards for replenishment of stock; (e) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply support; (f) Determination of what function data processing equipment, including remote terminals, shall perform in statewide purchasing and material control for improvement of service and promotion of economy; (g) Standardization of records and forms used statewide for supply system activities involving purchasing, receiving, inspecting, storing, requisitioning, and issuing functions, including a standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of the goods as available through the division of purchasing, the price of the goods as available from the alternative source, the total savings, and the signature of the notifying agency’s director or the director’s designee; (h) Screening of supplies, material, and equipment excess to the requirements of one agency for overall state need before sale as surplus; (i) Establishment of warehouse operation and storage standards to achieve uniform, effective, and economical stores operations; (j) Establishment of time limit standards for the issuing of material in store and for processing requisitions requiring purchase; (k) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to obtain maximum benefit of volume buying of identical or similar items, including procurement from federal supply sources; (l) Development of criteria for use of leased, rather than state owned, warehouse space based on relative cost and accessibility; (m) Institution of standard criteria for purchase and placement of state furnished materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or renovated state buildings; (n) Determination of how transportation costs incurred by the state for materials, supplies, services, and equipment can be reduced by improved freight and traffic coordination and control; (o) Establishment of a formal certification program for state employees who are authorized to perform purchasing functions as agents for the state under the provisions of chapter 43.19 RCW; (p) Development of performance measures for the reduction of total overall expense for material, supplies, equipment, and services used each biennium by the state; (q) Establishment of a standard system for all state organizations to record and report dollar savings and cost avoidance which are attributable to the establishment and imple(2010 Ed.) 43.19.1905 mentation of improved purchasing and material control procedures; (r) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of purchasing and material control services; (s) Resolution of all other purchasing and material matters which require the establishment of overall statewide policy for effective and economical supply management; (t) Development of guidelines and criteria for the purchase of vehicles, high gas mileage vehicles, alternate vehicle fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including investigations into all opportunities to aggregate the purchasing of clean technologies by state and local governments, and including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002); (u) Development of goals for state use of recycled or environmentally preferable products through specifications for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and contract negotiations; (v) Development of procurement policies and procedures, such as unbundled contracting and subcontracting, that encourage and facilitate the purchase of products and services by state agencies and institutions from Washington small businesses to the maximum extent practicable and consistent with international trade agreement commitments; (w) Development of food procurement procedures and materials that encourage and facilitate the purchase of Washington grown food by state agencies and institutions to the maximum extent practicable and consistent with international trade agreement commitments; and (x) Development of policies requiring all food contracts to include a plan to maximize to the extent practicable and consistent with international trade agreement commitments the availability of Washington grown food purchased through the contract. (2) The department of general administration shall convene a working group including representatives of the office of financial management, the department of information services, and the state printer. The purpose of the working group is to work collaboratively to develop common policies and procedures that encourage and facilitate state government purchases from Washington small businesses, as required in subsection (1)(v) of this section, and in RCW 39.29.065, 43.78.110, and 43.105.041(1)(j). By December 1, 2009, these central services agencies shall jointly provide a written progress report to the governor and legislature on actions taken and planned, barriers identified, and solutions recommended to reach this goal. (3) The definitions in this subsection apply throughout this section and RCW 43.19.1908. (a) "Common vendor registration and bid notification system" has the definition in RCW 39.29.006. (b) "Small business" has the definition in RCW 39.29.006. [Title 43 RCW—page 89] 43.19.19052 Title 43 RCW: State Government—Executive (c) "Washington grown" has the definition in RCW 15.64.060. [2009 c 486 § 10; 2008 c 215 § 4. Prior: 2002 c 299 § 5; 2002 c 285 § 1; 1995 c 269 § 1402; 1993 sp.s. c 10 § 3; 1987 c 504 § 16; 1980 c 172 § 7; 1975-’76 2nd ex.s. c 21 § 5.] Intent—2009 c 486: See note following RCW 39.29.006. Conflict with federal requirements—2009 c 486: See note following RCW 28B.30.530. Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060. Purpose—1993 sp.s. c 10: See note following RCW 43.19.190. Energy conservation—Legislative finding—Declaration—Purpose: RCW 43.19.668 and 43.19.669. Additional notes found at www.leg.wa.gov 43.19.19052 Initial purchasing and material control policy—Legislative intent—Agency cooperation. Initial policy determinations for the functions described in RCW 43.19.1905 shall be developed and published within the 1975-77 biennium by the director for guidance and compliance by all state agencies, including educational institutions, involved in purchasing and material control. Modifications to these initial supply management policies established during the 1975-77 biennium shall be instituted by the director in future biennia as required to maintain an efficient and up-todate state supply management system. It is the intention of the legislature that measurable improvements in the effectiveness and economy of supply management in state government shall be achieved during the 1975-77 biennium, and each biennium thereafter. All agencies, departments, offices, divisions, boards, and commissions and educational, correctional, and other types of institutions are required to cooperate with and support the development and implementation of improved efficiency and economy in purchasing and material control. To effectuate this legislative intention, the director, through the state purchasing and material control director, shall have the authority to direct and require the submittal of data from all state organizations concerning purchasing and material control matters. [1998 c 245 § 54; 1995 c 269 § 1403; 1986 c 158 § 9; 1979 c 151 § 98; 1975-’76 2nd ex.s. c 21 § 6.] 43.19.19052 Additional notes found at www.leg.wa.gov 43.19.19054 Exemptions from statewide policy for purchasing and material control. The provisions of RCW 43.19.1905 shall not apply to materials, supplies, and equipment purchased for resale to other than public agencies by state agencies, including educational institutions. In addition, RCW 43.19.1905 shall not apply to liquor purchased by the state for resale under the provisions of Title 66 RCW. [1975’76 2nd ex.s. c 21 § 7.] 43.19.19054 Additional notes found at www.leg.wa.gov 43.19.1906 Competitive bids—Procedure—Exceptions. Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed, electronic, or web-based bid procedure, subject to RCW 43.19.1911, shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by 43.19.1906 [Title 43 RCW—page 90] RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed, electronic, or web-based competitive bidding is not necessary for: (1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately; (2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from three thousand dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from three thousand dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to three thousand dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost; (3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation; (4) Purchases of insurance and bonds by the risk management division under RCW 43.41.310; (5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state’s vocational rehabilitation clients; (2010 Ed.) Department of General Administration (6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans’ institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations; (7) Purchases for resale by institutions of higher education to other than public agencies when such purchases are for the express purpose of supporting instructional programs and may best be executed through direct negotiation with one or more suppliers in order to meet the special needs of the institution; (8) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between three thousand dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between three thousand dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from three thousand to thirty-five thousand dollars shall be documented for audit purposes; (9) Off-contract purchases of Washington grown food when such food is not available from Washington sources through an existing contract. However, Washington grown food purchased under this subsection must be of an equivalent or better quality than similar food available through the contract and be able to be paid from the agency’s existing budget. This requirement also applies to purchases and contracts for purchases executed by state agencies, including institutions of higher education, under delegated authority granted in accordance with RCW 43.19.190 or under RCW 28B.10.029; and (10) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck operators to provide roving service patrols in one or more Washington state patrol tow zones whereby those registered tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by the parties. Beginning on July 1, 1995, and on July 1st of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium’s limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars. However, the three thousand dollar figure in subsections (2) and (8) of this section may not be adjusted to exceed five thousand dollars. As used in this section, "Washington grown" has the definition in RCW 15.64.060. [2008 c 215 § 5; 2006 c 363 § 1; (2010 Ed.) 43.19.1911 2002 c 332 § 4. Prior: 1999 sp.s. c 1 § 606; 1999 c 195 § 1; 1999 c 106 § 1; 1995 c 269 § 1404; 1994 c 300 § 1; 1993 c 379 § 103; 1992 c 85 § 1; prior: 1987 c 81 § 1; 1987 c 70 § 2; 1985 c 342 § 1; 1984 c 102 § 3; 1983 c 141 § 1; 1980 c 103 § 2; 1979 ex.s. c 14 § 1; 1977 ex.s. c 270 § 5; 1975-’76 2nd ex.s. c 21 § 8; 1965 c 8 § 43.19.1906; prior: 1959 c 178 § 4.] Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060. Intent—Effective date—2002 c 332: See notes following RCW 43.41.280. Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029. Findings—1984 c 102: See note following RCW 43.19.200. Additional notes found at www.leg.wa.gov 43.19.1908 Bids—Solicitation—Qualified bidders. Competitive bidding required by RCW 43.19.190 through 43.19.1939 shall be solicited by public notice, by posting of the contract opportunity on the state’s common vendor registration and bid notification system, and through the sending of notices by mail, electronic transmission, or other means to bidders on the appropriate list of bidders who shall have qualified by application to the division of purchasing. Bids may be solicited by the purchasing division from any source thought to be of advantage to the state. All bids shall be in written or electronic form and conform to rules of the division of purchasing. [2009 c 486 § 11; 2006 c 363 § 2; 1994 c 300 § 2; 1965 c 8 § 43.19.1908. Prior: 1959 c 178 § 5.] 43.19.1908 Intent—2009 c 486: See note following RCW 39.29.006. Conflict with federal requirements—2009 c 486: See note following RCW 28B.30.530. 43.19.1911 Competitive bids—Notice of modification or cancellation—Cancellation requirements—Lowest responsible bidder—Preferential purchase—Life cycle costing. (1) Preservation of the integrity of the competitive bid system dictates that after competitive bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid pursuant to subsections (7) and (9) of this section, unless there is a compelling reason to reject all bids and cancel the solicitation. (2) Every effort shall be made to anticipate changes in a requirement before the date of opening and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the purchasing agency, division, or department head, it is not possible to provide reasonable notice, the published date for receipt of bids may be postponed and all known bidders notified. This will permit bidders to change their bids and prevent unnecessary exposure of bid prices. In addition, every effort shall be made to include realistic, achievable requirements in a solicitation. (3) After the opening of bids, a solicitation may not be canceled and resolicited solely because of an increase in requirements for the items being acquired. Award may be made on the initial solicitation and an increase in requirements may be treated as a new acquisition. (4) A solicitation may be canceled and all bids rejected before award but after bid opening only when, consistent with subsection (1) of this section, the purchasing agency, division, or department head determines in writing that: 43.19.1911 [Title 43 RCW—page 91] 43.19.1913 Title 43 RCW: State Government—Executive (a) Unavailable, inadequate, ambiguous specifications, terms, conditions, or requirements were cited in the solicitation; (b) Specifications, terms, conditions, or requirements have been revised; (c) The supplies or services being contracted for are no longer required; (d) The solicitation did not provide for consideration of all factors of cost to the agency; (e) Bids received indicate that the needs of the agency can be satisfied by a less expensive article differing from that for which the bids were invited; (f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the agency cannot determine the reasonableness of the bid price; (g) No responsive bid has been received from a responsible bidder; or (h) The bid process was not fair or equitable. (5) The agency, division, or department head may not delegate his or her authority under this section. (6) After the opening of bids, an agency may not reject all bids and enter into direct negotiations to complete the planned acquisition. However, the agency can enter into negotiations exclusively with the lowest responsible bidder in order to determine if the lowest responsible bid may be improved. Until December 31, 2009, for purchases requiring a formal bid process the agency shall also enter into negotiations with and may consider for award the lowest responsible bidder that is a vendor in good standing, as defined in RCW 43.19.525. An agency shall not use this negotiation opportunity to permit a bidder to change a nonresponsive bid into a responsive bid. (7) In determining the lowest responsible bidder, the agency shall consider any preferences provided by law to Washington products and vendors and to RCW 43.19.704, and further, may take into consideration the quality of the articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of delivery. (8) Each bid with the name of the bidder shall be entered of record and each record, with the successful bid indicated, shall, after letting of the contract, be open to public inspection. Bid prices shall not be disclosed during electronic or web-based bidding before the letting of the contract. (9) In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration: (a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required; (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (c) Whether the bidder can perform the contract within the time specified; (d) The quality of performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws relating to the contract or services; (f) Such other information as may be secured having a bearing on the decision to award the contract: PROVIDED, That in considering bids for purchase, manufacture, or lease, and in determining the "lowest responsible bidder," when[Title 43 RCW—page 92] ever there is reason to believe that applying the "life cycle costing" technique to bid evaluation would result in lowest total cost to the state, first consideration shall be given by state purchasing activities to the bid with the lowest life cycle cost which complies with specifications. "Life cycle cost" means the total cost of an item to the state over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. Nothing in this section shall prohibit any state agency, department, board, commission, committee, or other state-level entity from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused. [2006 c 363 § 3; 2005 c 204 § 5; 2003 c 136 § 6; 1996 c 69 § 2; 1989 c 431 § 60; 1983 c 183 § 4; 1980 c 172 § 8; 1965 c 8 § 43.19.1911. Prior: 1959 c 178 § 6.] Intent—1996 c 69: "It is the intent of the legislature to preserve the integrity of the competitive bidding system for state contracts. This dictates that, after competitive bids have been opened, the agency must award the contract to the responsible bidder who submitted the lowest responsive bid and that only in limited compelling circumstances may the agency reject all bids and cancel the solicitation. Further, after opening the competitive bids, the agency may not reject all bids and enter into direct negotiations with the bidders to complete the acquisition." [1996 c 69 § 1.] Energy conservation—Legislative finding—Declaration—Purpose: RCW 43.19.668 and 43.19.669. Additional notes found at www.leg.wa.gov 43.19.1913 Rejection of bid for previous unsatisfactory performance. The division of purchasing may reject the bid of any bidder who has failed to perform satisfactorily a previous contract with the state. [1965 c 8 § 43.19.1913. Prior: 1959 c 178 § 7.] 43.19.1913 43.19.1914 Low bidder claiming error—Prohibition on later bid for same project. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same purchase or project if a second or subsequent call for bids is made for the project. [1996 c 18 § 7.] 43.19.1914 43.19.1915 Bidder’s bond—Annual bid bond. When any bid has been accepted, the division of purchasing may require of the successful bidder a bond payable to the state in such amount with such surety or sureties as determined by the division of purchasing, conditioned that he or she will fully, faithfully and accurately execute the terms of the contract into which he or she has entered. The bond shall be filed in the office of the division of purchasing. Bidders who regularly do business with the state shall be permitted to file with the division of purchasing an annual bid bond in an amount established by the division and such annual bid bond shall be acceptable as surety in lieu of furnishing surety with individual bids. [2009 c 549 § 5064; 1965 c 8 § 43.19.1915. Prior: 1959 c 178 § 8.] 43.19.1915 43.19.1917 Records of equipment owned by state— Inspection—"State equipment" defined. All state agencies, including educational institutions, shall maintain a per43.19.1917 (2010 Ed.) Department of General Administration petual record of ownership of state owned equipment, which shall be available for the inspection and check of those officers who are charged by law with the responsibility for auditing the records and accounts of the state organizations owning the equipment, or to such other special investigators and others as the governor may direct. In addition, these records shall be made available to members of the legislature, the legislative committees, and legislative staff on request. All state agencies, including educational institutions, shall account to the office of financial management upon request for state equipment owned by, assigned to, or otherwise possessed by them and maintain such records as the office of financial management deems necessary for proper accountability therefor. The office of financial management shall publish a procedural directive for compliance by all state agencies, including educational institutions, which establishes a standard method of maintaining records for state owned equipment, including the use of standard state forms. This published directive also shall include instructions for reporting to the division of purchasing all state equipment which is excess to the needs of state organizations owning such equipment. The term "state equipment" means all items of machines, tools, furniture, or furnishings other than expendable supplies and materials as defined by the office of financial management. [1979 c 88 § 3; 1975-’76 2nd ex.s. c 21 § 9; 1969 ex.s. c 53 § 2; 1965 c 8 § 43.19.1917. Prior: 1959 c 178 § 9.] Additional notes found at www.leg.wa.gov 43.19.1919 Surplus personal property—Sale, exchange—Exceptions and limitations. The division of purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund. This requirement is subject to the following exceptions and limitations: (1) This section does not apply to property under RCW 27.53.045, 28A.335.180, or 43.19.1920; (2) Sales of capital assets may be made by the division of purchasing and a credit established in central stores for future purchases of capital items as provided for in RCW 43.19.190 through 43.19.1939; (3) Personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known. Surplus items may be disposed of without prior notification to state agencies if it is determined by the director of general administration to be in the best interest of the state. The division of purchasing shall maintain a record of disposed surplus property, including date and method of disposal, identity of any recipient, and approximate value of the property; (4) This section does not apply to personal property acquired by a state organization under federal grants and con43.19.1919 (2010 Ed.) 43.19.1920 tracts if in conflict with special title provisions contained in such grants or contracts; (5) A state agency having a surplus personal property asset with a fair market value of less than five hundred dollars may transfer the asset to another state agency without charging fair market value. A state agency conducting this action must maintain adequate records to comply with agency inventory procedures and state audit requirements. [2000 c 183 § 1; 1997 c 264 § 2; (1995 2nd sp.s. c 14 § 513 expired June 30, 1997); 1991 c 216 § 2; 1989 c 144 § 1; 1988 c 124 § 8; 1975-’76 2nd ex.s. c 21 § 11; 1965 c 8 § 43.19.1919. Prior: 1959 c 178 § 10.] Findings—1991 c 216: "The legislature finds that (1) there are an increasing number of persons who are unable to meet their basic needs relating to shelter, clothing, and nourishment; (2) there are many nonprofit organizations and units of local government that provide shelter and other assistance to these persons but that these organizations are finding it difficult to meet the increasing demand for such assistance; and (3) the numerous agencies and institutions of state government generate a significant quantity of surplus, tangible personal property that would be of great assistance to homeless persons throughout the state. Therefore, the legislature finds that it is in the best interest of the state to provide for the donation of state-owned, surplus, tangible property to assist the homeless in meeting their basic needs." [1991 c 216 § 1.] Severability—Intent—Application—1988 c 124: See RCW 27.53.901 and notes following RCW 27.53.030. Additional notes found at www.leg.wa.gov 43.19.19190 Surplus property—Exemption for original or historic state capitol furnishings. Original or historic furnishings from the state capitol group under RCW 27.48.040 do not constitute surplus property under this chapter. [1999 c 343 § 3.] 43.19.19190 Findings—Purpose—1999 c 343: See note following RCW 27.48.040. 43.19.19191 Surplus computers and computerrelated equipment—Donation to school districts or educational service districts. (1) In addition to disposing of property under RCW 28A.335.180, 39.33.010, 43.19.1919, and 43.19.1920, state-owned, surplus computers and computer-related equipment may be donated to any school district or educational service district under the guidelines and distribution standards established pursuant to subsection (2) of this section. (2) By September 1, 1999, the department and office of the superintendent of public instruction shall jointly develop guidelines and distribution standards for the donation of state-owned, surplus computers and computer-related equipment to school districts and educational service districts. The guidelines and distribution standards shall include considerations for quality, school-district needs, and accountability, and shall give priority to meeting the computer-related needs of children with disabilities, including those disabilities necessitating the portability of laptop computers. [1999 c 186 § 1.] 43.19.19191 43.19.1920 Surplus personal property—Donation to emergency shelters. The division of purchasing may donate state-owned, surplus, tangible personal property to shelters that are: Participants in the department of community, trade, and economic development’s emergency shelter assistance program; and operated by nonprofit organizations or units of 43.19.1920 [Title 43 RCW—page 93] 43.19.19201 Title 43 RCW: State Government—Executive local government providing emergency or transitional housing for homeless persons. A donation may be made only if all of the following conditions have been met: (1) The division of purchasing has made reasonable efforts to determine if any state agency has a requirement for such personal property and no such agency has been identified. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known; (2) The agency owning the property has authorized the division of purchasing to donate the property in accordance with this section; (3) The nature and quantity of the property in question is directly germane to the needs of the homeless persons served by the shelter and the purpose for which the shelter exists and the shelter agrees to use the property for such needs and purposes; and (4) The director of general administration has determined that the donation of such property is in the best interest of the state. [1995 c 399 § 63; 1991 c 216 § 3.] Findings—1991 c 216: See note following RCW 43.19.1919. Emergency shelter assistance program: Chapter 365-120 WAC. 43.19.19201 Affordable housing—Inventory of suitable property. (1) The department of general administration shall identify and catalog real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. The department of general administration shall provide a copy of the inventory to the *department of community, trade, and economic development by November 1, 1993, and every November 1 thereafter. (2) By November 1 of each year, beginning in 1994, the department of general administration shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The department shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land. [1995 c 399 § 64; 1993 c 461 § 7.] 43.19.19201 *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Finding—1993 c 461: See note following RCW 43.63A.510. 43.19.1921 Central stores warehouse facilities—Central maintenance, repair—Sales, exchanges, between state agencies. The director of general administration, through the division of purchasing, shall: (1) Establish and maintain warehouses hereinafter referred to as "central stores" for the centralized storage and distribution of such supplies, equipment, and other items of common use in order to effect economies in the purchase of supplies and equipment for state agencies. To provide central stores warehouse facilities the division of purchasing may, by arrangement with the state agencies, utilize any surplus available state owned space, and may acquire other needed ware43.19.1921 [Title 43 RCW—page 94] house facilities by lease or purchase of the necessary premises; (2) Provide for the central salvage, maintenance, repair, and servicing of equipment, furniture, or furnishings used by state agencies, and also by means of such a service provide an equipment pool for effecting sales and exchanges of surplus and unused property by and between state agencies. Funds derived from the sale and exchange of property shall be placed to the account of the appropriate state agency on the central stores accounts but such funds may not be expended through central stores without prior approval of the office of financial management. [1979 c 151 § 100; 1965 c 8 § 43.19.1921. Prior: 1959 c 178 § 11.] 43.19.1923 General administration services account—Use. The general administration services account shall be used for the purchase of supplies and equipment handled or rented through central stores, and the payment of salaries, wages, and other costs incidental to the acquisition, operation, and maintenance of the central stores, and other activities connected therewith, which shall include utilities services. The account shall be credited with all receipts from the rental, sale, or distribution of supplies, equipment, and services rendered to the various state agencies. Central stores, utilities services, and other activities within the general administration services account shall be treated as separate operating entities for financial and accounting control. Financial records involving the general administration services account shall be designed to provide data for achieving maximum effectiveness and economy of each individual activity within the account. [2001 c 292 § 3; 1998 c 105 § 6; 1991 sp.s. c 16 § 921; 1987 c 504 § 17; 1975-’76 2nd ex.s. c 21 § 12; 1967 ex.s. c 104 § 5; 1965 c 8 § 43.19.1923. Prior: 1959 c 178 § 12.] 43.19.1923 Additional notes found at www.leg.wa.gov 43.19.1925 Combined purchases of commonly used items—Advance payments by state agencies—Costs of operating central stores. To supply such funds as may be necessary for making combined purchases of items or services of common use by central stores, state agencies shall, upon request of the division of purchasing, from time to time, make advance payments into the general administration services account from funds regularly appropriated to them for the procurement of supplies, equipment, and services: PROVIDED, That advance payment for services shall be on a quarterly basis: PROVIDED FURTHER, That any person, firm or corporation other than central stores rendering services for which advance payments are made shall deposit cash or furnish surety bond coverage to the state in an amount as shall be fixed by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. Funds so advanced to central stores shall be used only for the combined procurement, storage, and delivery of such stocks of supplies, equipment, and services as are requisitioned by the agency and shall be offset and repaid to the respective state agencies by an equivalent value in merchan43.19.1925 (2010 Ed.) Department of General Administration dise supplied and charged out from time to time from central stores. Costs of operation of central stores may be recovered by charging as part of the value of materials, supplies, or services an amount sufficient to cover the costs of operating central stores. [1998 c 105 § 7; 1975 c 40 § 8; 1973 c 104 § 2; 1965 c 8 § 43.19.1925. Prior: 1959 c 178 § 13.] Powers and duties of director of general administration as to official bonds: RCW 43.41.360. Additional notes found at www.leg.wa.gov 43.19.1932 Correctional industries goods and services—Sales and purchases. The department of corrections shall be exempt from the following provisions of this chapter in respect to goods or services purchased or sold pursuant to the operation of correctional industries: RCW 43.19.180, 43.19.190, 43.19.1901, 43.19.1905, 43.19.1906, 43.19.1908, 43 . 1 9.1 9 11 , 4 3. 1 9 . 19 1 3, 4 3 . 19 . 1 91 5 , 43 . 1 9.1 9 17 , 43.19.1919, 43.19.1921, 43.19.1925, and 43.19.200. [1989 c 185 § 2; 1981 c 136 § 14.] 43.19.1932 Additional notes found at www.leg.wa.gov 43.19.1937 Acceptance of benefits, gifts, etc., prohibited—Penalties. No state employee whose duties performed for the state include: (1) Advising on or drawing specifications for supplies, equipment, commodities, or services; (2) Suggesting or determining vendors to be placed upon a bid list; (3) Drawing requisitions for supplies, equipment, commodities, or services; (4) Evaluating specifications or bids and suggesting or determining awards; or (5) Accepting the receipt of supplies, equipment, and commodities or approving the performance of services or contracts; shall accept or receive, directly or indirectly, a personal financial benefit, or accept any gift, token, membership, or service, as a result of a purchase entered into by the state, from any person, firm, or corporation engaged in the sale, lease, or rental of property, material, supplies, equipment, commodities, or services to the state of Washington. Violation of this section shall be considered a malfeasance and may cause loss of position, and the violator shall be liable to the state upon his or her official bond for all damages sustained by the state. Contracts involved may be canceled at the option of the state. Penalties provided in this section are not exclusive, and shall not bar action under any other statute penalizing the same act or omission. [2009 c 549 § 5065; 1995 c 269 § 1405; 1975-’76 2nd ex.s. c 21 § 13; 1965 c 8 § 43.19.1937. Prior: 1959 c 178 § 19.] 43.19.200 agent of another, to offer, give, or promise to give, any money, check, draft, property, or other thing of value, to another for the purpose of inducing such other person to refrain from submitting any bids upon such purchase or to enter into any agreement, understanding or arrangement whereby full and unrestricted competition for the securing of such public work will be suppressed, prevented, or eliminated; and it shall be unlawful for any person to solicit, accept or receive any money, check, draft, property, or other thing of value upon a promise or understanding, express or implied, that he or she individually or as an agent or officer of another will refrain from bidding upon such contract, or that he or she will on behalf of himself, herself, or such others submit or permit another to submit for him or her any bid upon such purchase in such sum as to eliminate full and unrestricted competition thereon. (2) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 226; 1965 c 8 § 43.19.1939. Prior: 1959 c 178 § 20.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 43.19.1937 Public officers code of ethics: Chapters 42.23 and 42.52 RCW. misconduct: Chapter 42.20 RCW. Additional notes found at www.leg.wa.gov 43.19.1939 Unlawful to offer, give, accept, benefits as inducement for or to refrain from bidding—Penalty. (1) When any competitive bid or bids are to be or have been solicited, requested, or advertised for by the state under the provisions of RCW 43.19.190 through 43.19.1939, it shall be unlawful for any person acting for himself, herself, or as 43.19.1939 (2010 Ed.) Competitive bidding on public works, suppression or collusion, penalty: RCW 9.18.120 through 9.18.150. 43.19.200 43.19.200 Duty of others in relation to purchases— Emergency purchases—Written notifications. (1) The governing authorities of the state’s educational institutions, the elective state officers, the supreme court, the court of appeals, the administrative and other departments of the state government, and all appointive officers of the state, shall prepare estimates of the supplies required for the proper conduct and maintenance of their respective institutions, offices, and departments, covering periods to be fixed by the director, and forward them to the director in accordance with his or her directions. No such authorities, officers, or departments, or any officer or employee thereof, may purchase any article for the use of their institutions, offices, or departments, except in case of emergency purchases as provided in subsection (2) of this section. (2) The authorities, officers, and departments enumerated in subsection (1) of this section may make emergency purchases in response to unforeseen circumstances beyond the control of the agency which present a real, immediate, and extreme threat to the proper performance of essential functions or which may reasonably be expected to result in excessive loss or damage to property, bodily injury, or loss of life. When an emergency purchase is made, the agency head shall submit written notification of the purchase, within three days of the purchase, to the director of general administration. This notification shall contain a description of the purchase, description of the emergency and the circumstances leading up to the emergency, and an explanation of why the circumstances required an emergency purchase. (3) Purchases made for the state’s educational institutions, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of the state government, and the offices of all appointive officers of the state, shall be paid for out of the moneys appropriated for supplies, material, and service of the respective institutions, offices, and departments. [Title 43 RCW—page 95] 43.19.205 Title 43 RCW: State Government—Executive (4) The director of general administration shall submit, on an annual basis, the written notifications required by subsection (2) of this section to the director of financial management. [2009 c 549 § 5066; 1986 c 158 § 10; 1984 c 102 § 2; 1971 c 81 § 111; 1965 c 8 § 43.19.200. Prior: 1955 c 285 § 13; prior: 1921 c 7 § 37, part; RRS § 10795, part.] Findings—1984 c 102: "The legislature finds that the emergency purchasing provisions of state law are being more liberally construed than the legislature originally intended. Therefore, the legislature finds that it is necessary to clarify the law as it pertains to emergency purchases and to provide a mechanism for legislative oversight." [1984 c 102 § 1.] 43.19.205 Chapter not applicable to certain transfers of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 5.] The director may delegate any and all of the functions under subsections (1) through (4) of this section to any agency upon such terms and conditions as considered advisable. The director may delegate the authority granted to the department under *RCW 39.04.150 to any agency upon such terms as considered advisable. [1994 c 264 § 15; 1988 c 36 § 14; 1982 c 98 § 3; 1981 c 136 § 63; 1979 c 141 § 45; 1965 c 8 § 43.19.450. Prior: 1959 c 301 § 4.] *Reviser’s note: RCW 39.04.150 was repealed by 2000 c 138 § 301. Additional notes found at www.leg.wa.gov 43.19.205 *Reviser’s note: The reference to "sections 1 and 2 of this act" appears to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW 43.99C.070 and 43.83D.120 was apparently intended. Findings—2006 c 35: See note following RCW 43.99C.070. 43.19.450 Supervisor of engineering and architecture—Qualifications—Appointment—Powers and duties—Delegation of authority. The director of general administration shall appoint and deputize an assistant director to be known as the supervisor of engineering and architecture who shall have charge and supervision of the division of engineering and architecture. With the approval of the director, the supervisor may appoint and employ such assistants and personnel as may be necessary to carry out the work of the division. No person shall be eligible for appointment as supervisor of engineering and architecture unless he or she is licensed to practice the profession of engineering or the profession of architecture in the state of Washington and for the last five years prior to his or her appointment has been licensed to practice the profession of engineering or the profession of architecture. As used in this section, "state facilities" includes all state buildings, related structures, and appurtenances constructed for any elected state officials, institutions, departments, boards, commissions, colleges, community colleges, except the state universities, The Evergreen State College and regional universities. "State facilities" does not include facilities owned by or used for operational purposes and constructed for the department of transportation, department of fish and wildlife, department of natural resources, or state parks and recreation commission. The director of general administration, through the division of engineering and architecture shall: (1) Prepare cost estimates and technical information to accompany the capital budget and prepare or contract for plans and specifications for new construction and major repairs and alterations to state facilities. (2) Contract for professional architectural, engineering, and related services for the design of new state facilities and major repair or alterations to existing state facilities. (3) Provide contract administration for new construction and the repair and alteration of existing state facilities. (4) In accordance with the public works laws, contract on behalf of the state for the new construction and major repair or alteration of state facilities. 43.19.450 [Title 43 RCW—page 96] 43.19.455 Purchase of works of art—Procedure. Except as provided under RCW 43.17.210, the Washington state arts commission shall determine the amount to be made available for the purchase of art under RCW 43.17.200 in consultation with the director of general administration, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the director of general administration. [2005 c 36 § 6; 1990 c 33 § 576; 1983 c 204 § 6; 1974 ex.s. c 176 § 3.] 43.19.455 Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090. Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions: RCW 43.17.200. State art collection: RCW 43.46.095. Additional notes found at www.leg.wa.gov 43.19.500 General administration services account— Use. The general administration services account shall be used by the department of general administration for the payment of certain costs, expenses, and charges, as specified in this section, incurred by it in the operation and administration of the department in the rendering of services, the furnishing or supplying of equipment, supplies and materials, and for providing or allocating facilities, including the operation, maintenance, rehabilitation, or furnishings thereof to other agencies, offices, departments, activities, and other entities enumerated in RCW 43.01.090 and including the rendering of services in acquiring real estate under RCW 43.82.010 and the operation and maintenance of public and historic facilities at the state capitol, as defined in RCW 79.24.710. The department shall treat the rendering of services in acquiring real estate and the operation and maintenance of state capitol public and historic facilities as separate operating entities within the account for financial accounting and control. The schedule of services, facilities, equipment, supplies, materials, maintenance, rehabilitation, furnishings, operations, and administration to be so financed and recovered shall be determined jointly by the director of general administration and the director of financial management, in equitable amounts which, together with any other income or appropriation, will provide the department of general administration with funds to meet its anticipated expenditures during any allotment period. 43.19.500 (2010 Ed.) Department of General Administration The director of general administration may adopt rules governing the provisions of RCW 43.01.090 and this section and the relationships and procedures between the department of general administration and such other entities. [2005 c 330 § 6; 1998 c 105 § 9; 1994 c 219 § 17; 1982 c 41 § 2; 1979 c 151 § 101; 1971 ex.s. c 159 § 2.] Findings—Purpose—1994 c 219: See note following RCW 43.01.090. Finding—1994 c 219: See note following RCW 43.88.030. Agricultural commodity commissions exempt: RCW 15.04.200. General administration services account—Approval of certain changes required: RCW 43.88.350. Additional notes found at www.leg.wa.gov 43.19.501 Thurston county capital facilities account. The Thurston county capital facilities account is created in the state treasury. The account is subject to the appropriation and allotment procedures under chapter 43.88 RCW. Moneys in the account may be expended for capital projects in facilities owned and managed by the department of general administration in Thurston county. For the 2007-2009 biennium, moneys in the account may be used for predesign identified in section 1037, chapter 328, Laws of 2008. During the 2009-2011 fiscal biennium, the legislature may transfer from the Thurston county capital facilities account to the state general fund such amounts as reflect the excess fund balance of the account. [2009 c 564 § 932; 2008 c 328 § 6016; 1994 c 219 § 18.] 43.19.501 Effective date—2009 c 564: See note following RCW 2.68.020. Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050. Findings—Purpose—1994 c 219: See note following RCW 43.01.090. Finding—1994 c 219: See note following RCW 43.88.030. 43.19.520 Purchase of products and services from entities serving or providing opportunities for disadvantaged or disabled persons—Intent. It is the intent of the legislature to encourage state agencies and departments to purchase products and/or services manufactured or provided by: (1) Community rehabilitation programs of the department of social and health services which operate facilities serving disadvantaged persons and persons with disabilities and have achieved or consistently make progress towards the goal of enhancing opportunities for disadvantaged persons and persons with disabilities to maximize their opportunities for employment and career advancement, and increase the number employed and their wages; and (2) Until December 31, 2009, businesses owned and operated by persons with disabilities that have achieved or consistently make progress towards the goal of enhancing opportunities for disadvantaged persons and persons with disabilities to maximize their opportunities for employment and career advancement, and increase the number employed and their wages. [2005 c 204 § 1; 2003 c 136 § 1; 1974 ex.s. c 40 § 1.] 43.19.520 43.19.525 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Definitions. The definitions in this section apply 43.19.525 (2010 Ed.) 43.19.530 throughout RCW 43.19.520 through 43.19.530 unless the context clearly requires otherwise. (1) "Businesses owned and operated by persons with disabilities" means any for-profit business certified under chapter 39.19 RCW as being owned and controlled by persons who have been either: (a) Determined by the department of social and health services to have a developmental disability, as defined in RCW 71A.10.020; (b) Determined by an agency established under Title I of the federal vocational rehabilitation act to be or have been eligible for vocational rehabilitation services; (c) Determined by the federal social security administration to be or have been eligible for either social security disability insurance or supplemental security income; or (d) Determined by the United States department of veterans affairs to be or have been eligible for vocational rehabilitation services due to service-connected disabilities, under 38 U.S.C. Sec. 3100 et seq. (2) "Community rehabilitation programs of the department of social and health services" means any entity that: (a) Is registered as a nonprofit corporation with the secretary of state; and (b) Is recognized by the department of social and health services, division of vocational rehabilitation as eligible to do business as a community rehabilitation program. (3) "Vendor in good standing" means a business owned and operated by persons with disabilities or a community rehabilitation program, that has been determined under *RCW 43.19.531 and 50.40.065 to meet the following criteria: (a) Has not been in material breach of any quality or performance provision of any contract for the purchase of goods or services during the past thirty-six months; and (b) Has achieved, or continues to work towards, the goal of enhancing opportunities for disadvantaged persons and persons with disabilities to maximize their opportunities for employment and career advancement, and increase the number employed and their wages, as determined by the governor’s committee on disability issues and employment. [2003 c 136 § 2; 1974 ex.s. c 40 § 2.] *Reviser’s note: RCW 43.19.531 and 50.40.065 expired December 31, 2009. 43.19.530 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Authorized—Fair market price. The state agencies and departments are hereby authorized to purchase products and/or services manufactured or provided by: (1) Community rehabilitation programs of the department of social and health services; and (2) Until December 31, 2009, businesses owned and operated by persons with disabilities. Such purchases shall be at the fair market price of such products and services as determined by the division of purchasing of the department of general administration. To determine the fair market price the division shall use the last comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services. The increased cost of labor, materials, and other documented costs since the last comparable bid or the last price paid are 43.19.530 [Title 43 RCW—page 97] 43.19.533 Title 43 RCW: State Government—Executive additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section the division is hereby empowered to negotiate directly for the purchase of products or services with officials in charge of the community rehabilitation programs of the department of social and health services and, until December 31, 2007, businesses owned and operated by persons with disabilities. [2005 c 204 § 2; 2003 c 136 § 3; 1977 ex.s. c 10 § 2; 1974 ex.s. c 40 § 3.] 43.19.533 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Existing contracts not impaired—Solicitation of vendors in good standing. (1) Nothing in chapter 136, Laws of 2003 requires any state agency to take any action that interferes with or impairs an existing contract between any state agency and any other party, including but not limited to any other state agency. (2) Until December 31, 2009, except as provided under RCW 43.19.1906(2) for purchases up to three thousand dollars, RCW 43.19.534, and subsection (1) of this section, a state agency shall not purchase any product or service identified in the notice most recently disseminated by the department of general administration, as provided under *RCW 43.19.531(2)(b), from other than a vendor in good standing until the state agency has included in the solicitation process at least one vendor in good standing supplying the goods or service needed by the agency, unless no vendor in good standing supplying the goods or service needed by the agency is available. [2005 c 204 § 4; 2003 c 136 § 5.] 43.19.533 *Reviser’s note: RCW 43.19.531 expired December 31, 2009. Effective date—2009 c 470: See note following RCW 46.68.170. Additional notes found at www.leg.wa.gov 43.19.535 Purchase of goods and services from inmate work programs. Any person, firm, or organization which makes any bid to provide any goods or any services to any state agency shall be granted a preference over other bidders if (1) the goods or services have been or will be produced or provided in whole or in part by an inmate work program of the department of corrections and (2) an amount equal to at least fifteen percent of the total bid amount has been paid or will be paid by the person, firm, or organization to inmates as wages. The preference provided under this section shall be equal to ten percent of the total bid amount. [1981 c 136 § 15.] 43.19.535 Additional notes found at www.leg.wa.gov 43.19.536 Contracts subject to requirements established under office of minority and women’s business enterprises. (1) All contracts entered into and purchases made, including leasing or renting, under this chapter on or after September 1, 1983, are subject to the requirements established under chapter 39.19 RCW. (2) All procurement contracts entered into under this chapter on or after June 10, 2010, are subject to the requirements established under RCW 43.60A.200. [2010 c 5 § 6; 1983 c 120 § 13.] 43.19.536 Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010. Additional notes found at www.leg.wa.gov 43.19.538 Purchase of products containing recycled material—Preference—Specifications and rules— Review. (1) The director of general administration, through the state purchasing director, shall develop specifications and adopt rules for the purchase of products which will provide for preferential purchase of products containing recycled material by: (a) The use of a weighting factor determined by the amount of recycled material in a product, where appropriate and known in advance to potential bidders, to determine the lowest responsible bidder. The actual dollars bid shall be the contracted amount. If the department determines, according to criteria established by rule that the use of this weighting factor does not encourage the use of more recycled material, the department shall consider and award bids without regard to the weighting factor. In making this determination, the department shall consider but not be limited to such factors as adequate competition, economics or environmental constraints, quality, and availability. (b) Requiring a written statement of the percentage range of recycled content from the bidder providing products containing recycled [material]. The range may be stated in five percent increments. (2) The director shall develop a directory of businesses that supply products containing significant quantities of recycled materials. This directory may be combined with and made accessible through the database of recycled content products to be developed under RCW 43.19A.060. 43.19.538 43.19.534 Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules. (1) State agencies, the legislature, and departments shall purchase for their use all goods and services required by the legislature, agencies, or departments that are produced or provided in whole or in part from class II inmate work programs operated by the department of corrections through state contract. These goods and services shall not be purchased from any other source unless, upon application by the department or agency: (a) The department of general administration finds that the articles or products do not meet the reasonable requirements of the agency or department, (b) are not of equal or better quality, or (c) the price of the product or service is higher than that produced by the private sector. However, the criteria contained in (a), (b), and (c) of this section for purchasing goods and services from sources other than correctional industries do not apply to goods and services produced by correctional industries that primarily replace goods manufactured or services obtained from outside the state. The department of corrections and department of general administration shall adopt administrative rules that implement this section. (2) During the 2009-2011 fiscal biennium, and in conformance with section 223(11), chapter 470, Laws of 2009, this section does not apply to the purchase of uniforms by the Washington state ferries. [2009 c 470 § 717; 1993 sp.s. c 20 § 1; 1986 c 94 § 2.] 43.19.534 [Title 43 RCW—page 98] (2010 Ed.) Department of General Administration (3) The director shall encourage all parties using the state purchasing office to purchase products containing recycled materials. (4) The rules, specifications, and bid evaluation shall be consistent with recycled content standards adopted under RCW 43.19A.020. [1991 c 297 § 5; 1988 c 175 § 2; 1987 c 505 § 26; 1982 c 61 § 2.] Recycled product procurement: Chapter 43.19A RCW. State purchasing and material control director: RCW 43.19.180. Additional notes found at www.leg.wa.gov 43.19.539 Purchase of electronic products meeting environmental performance standards—Surplus electronic products—Use of registered transporters, processors—Legal secondary markets. (1) The department of general administration shall establish purchasing and procurement policies that establish a preference for electronic products that meet environmental performance standards relating to the reduction or elimination of hazardous materials. (2) The department of general administration shall ensure that their surplus electronic products, other than those sold individually to private citizens, are managed only by registered transporters and by processors meeting the requirements of RCW 70.95N.250 and *section 26 of this act. (3) The department of general administration shall ensure that their surplus electronic products are directed to legal secondary materials markets by requiring a chain of custody record that documents to whom the products were initially delivered through to the end use manufacturer. [2006 c 183 § 36.] 43.19.539 *Reviser’s note: Section 26 of this act was vetoed by the governor. Construction—Severability—Effective date—2006 c 183: See RCW 70.95N.900 through 70.95N.902. 43.19.560 Motor vehicle transportation service— Definitions. As used in RCW 43.19.565 through 43.19.635, 43.41.130 and 43.41.140, the following definitions shall apply: (1) "Passenger motor vehicle" means any sedan, station wagon, bus, or light truck which is designed for carrying ten passengers or less and is used primarily for the transportation of persons; (2) "State agency" shall include any state office, agency, commission, department, or institution financed in whole or in part from funds appropriated by the legislature. It shall also include the Washington state school director’s association and the state printer, but it shall not include (a) the state supreme court or any agency of the judicial branch or (b) the legislature or any of its statutory, standing, special, or interim committees, other than at the option of the judicial or legislative agency or committee concerned; (3) "Employee commuting" shall mean travel by a state officer or employee to or from his or her official residence or other domicile to or from his or her official duty station or other place of work; (4) "Motor vehicle transportation services" shall include but not be limited to the furnishing of motor vehicles for the transportation of persons or property, with or without drivers, and may also include furnishing of maintenance, storage, and 43.19.560 (2010 Ed.) 43.19.570 other support services to state agencies for the conduct of official state business. [1983 c 187 § 3; 1975 1st ex.s. c 167 § 2.] Power to appoint or employ personnel does not include power to provide state owned or leased vehicle: RCW 43.01.150. Additional notes found at www.leg.wa.gov 43.19.565 Motor vehicle transportation service— Powers and duties. The department of general administration shall establish a motor vehicle transportation service which is hereby empowered to: (1) Provide suitable motor vehicle transportation services to any state agency on either a temporary or permanent basis upon requisition from a state agency and upon such demonstration of need as the department may require; (2) Provide motor pools for the use of state agencies located in the Olympia area and such additional motor pools at other locations in the state as may be necessary to provide economic, efficient, and effective motor vehicle transportation services to state agencies. Such additional motor pools may be under either the direct control of the department or under the supervision of another state agency by agreement with the department; (3) Establish an equitable schedule of rental and mileage charges to agencies for motor vehicle transportation services furnished which shall be designed to provide funds to cover replacement of vehicles, the purchase of additional vehicles, and to recover the actual total costs of motor pool operations including but not limited to vehicle operation expense, depreciation expense, overhead, and nonrecoverable collision or other damage to vehicles; and (4) Establish guidelines, procedures, and standards for fleet operations that other state agencies and institutions of higher education may adopt. The guidelines, procedures, and standards shall be consistent with and carry out the objectives of any general policies adopted by the office of financial management under RCW 43.41.130. [2005 c 214 § 1; 1998 c 111 § 3; 1975 1st ex.s. c 167 § 3.] 43.19.565 Additional notes found at www.leg.wa.gov 43.19.570 Motor vehicle transportation service— Responsibilities—Agreements with other agencies— Alternative fuels and clean technologies. (1) The department shall direct and be responsible for the acquisition, operation, maintenance, storage, repair, and replacement of state motor vehicles under its control. The department shall utilize state facilities available for the maintenance, repair, and storage of such motor vehicles, and may provide directly or by contract for the maintenance, repair, and servicing of all motor vehicles, and other property related thereto and under its control. (2) The department may arrange, by agreement with agencies, for the utilization by one of the storage, repair, or maintenance facilities of another, with such provision for charges and credits as may be agreed upon. The department may acquire and maintain storage, repair, and maintenance facilities for the motor vehicles under its control from such funds as may be appropriated by the legislature. (3)(a) The legislature finds that a clean environment is important and that global warming effects may be offset by 43.19.570 [Title 43 RCW—page 99] 43.19.575 Title 43 RCW: State Government—Executive decreasing the emissions of harmful compounds from motor vehicles. The legislature further finds that the state is in a position to set an example of large scale use of alternative fuels in motor vehicles and other clean technologies. (b) The department shall consider the use of state vehicles to conduct field tests on alternative fuels in areas where air pollution constraints may be eased by these optional fuels. These fuels should include but are not limited to gas-powered and electric-powered vehicles. (c) For planned purchases of vehicles using alternative fuels, the department and other state agencies shall explore opportunities to purchase these vehicles together with the federal government, agencies of other states, other Washington state agencies, local governments, or private organizations for less cost. All state agencies must investigate and determine whether or not they can make clean technologies more cost-effective by combining their purchasing power before completing a planned vehicle purchase. [2002 c 285 § 2; 1989 c 113 § 1; 1982 c 163 § 11; 1975 1st ex.s. c 167 § 4.] Additional notes found at www.leg.wa.gov 43.19.575 Passenger motor vehicles owned or operated by state agencies—Duty of the office of financial management to establish policies as to acquisition, operation, authorized use, etc. See RCW 43.41.130. 43.19.575 43.19.585 Motor vehicle transportation service— Supervisor of motor transport—Powers and duties. The director of general administration shall appoint a supervisor of motor transport, who shall have general charge and supervision of state motor pools and motor vehicle transportation services under departmental administration and control. The appointment of all personnel, except the supervisor, shall be made pursuant to chapter 41.06 RCW, the state civil service law, as now or hereafter amended. With the approval of the director, the supervisor shall (1) appoint and employ such assistants and personnel as may be necessary, (2) acquire by purchase or otherwise a sufficient number of motor vehicles to fulfill state agency needs for motor vehicle transportation service, (3) provide for necessary storage, upkeep, and repair, and (4) provide for servicing motor pool vehicles with fuel, lubricants, and other operating requirements. [1975 1st ex.s. c 167 § 7.] 43.19.585 Additional notes found at www.leg.wa.gov 43.19.590 Motor vehicle transportation service— Transfer of employees—Retention of employment rights. All employees of any state agency who are employed exclusively or principally in performing the powers, duties, and functions transferred pursuant to RCW 43.19.595 through 43.19.610 to the department of general administration shall, upon such transfer to employment with the department of general administration, continue to be governed by the provisions of chapter 41.06 RCW, the state civil service law, as now or hereafter amended, and shall automatically retain their permanent or probationary status together with all rights, privileges, and immunities attaching thereto. [1975 1st ex.s. c 167 § 8.] 43.19.590 Additional notes found at www.leg.wa.gov [Title 43 RCW—page 100] 43.19.595 43.19.595 Motor vehicle transportation service— Transfer of motor vehicles, property, etc., from motor pool to department. All passenger motor vehicles, property, facilities, equipment, credits, funds, and all other assets and obligations of the automobile pool and pertaining to passenger motor vehicles currently operated by the department of highways and funded by that portion of the highway equipment fund known as "District No. 8 (Motor Pool)" shall be transferred to the department of general administration on July 1, 1975. The director of general administration may accept such property prior thereto if he or she deems it expedient to accomplish an orderly transition. [2009 c 549 § 5067; 1975 1st ex.s. c 167 § 9.] Additional notes found at www.leg.wa.gov 43.19.600 43.19.600 Motor vehicle transportation service— Transfer of passenger motor vehicles to department from other agencies—Studies. (1) On or after July 1, 1975, any passenger motor vehicles currently owned or hereafter acquired by any state agency, except vehicles acquired from federal granted funds and over which the federal government retains jurisdiction and control, may be purchased by or transferred to the department of general administration with the consent of the state agency concerned. The director of general administration may accept vehicles subject to the provisions of RCW 43.19.560 through 43.19.630, 43.41.130 and 43.41.140 prior to July 1, 1975, if he or she deems it expedient to accomplish an orderly transition. (2) The department, in cooperation with the office of financial management, shall study and ascertain current and prospective needs of state agencies for passenger motor vehicles and shall recommend transfer to a state motor pool or other appropriate disposition of any vehicle found not to be required by a state agency. (3) The department shall direct the transfer of passenger motor vehicles from a state agency to a state motor pool or other disposition as appropriate, based on a study under subsection (2) of this section, or after a public hearing held by the department, if a finding is made based on testimony and data therein submitted that the economy, efficiency, or effectiveness of state government would be improved by such a transfer or other disposition of passenger motor vehicles. Any dispute over the accuracy of testimony and data submitted as to the benefits in state governmental economy, efficiency, and effectiveness to be gained by such transfer shall be resolved by the governor or the governor’s designee. [2009 c 549 § 5068; 1982 c 163 § 12; 1979 c 151 § 102; 1975 1st ex.s. c 167 § 10.] Additional notes found at www.leg.wa.gov 43.19.610 43.19.610 General administration services account— Sources—Disbursements. All moneys, funds, proceeds, and receipts as provided in RCW 43.19.615 and as may otherwise be provided by law shall be paid into the general administration services account. Disbursements therefrom shall be made in accordance with the provisions of RCW 43.19.560 through 43.19.630, 43.41.130 and 43.41.140 as authorized by the director or a duly authorized representative and as may be provided by law. [1998 c 105 § 12; 1991 sp.s. (2010 Ed.) Department of General Administration c 13 § 35; 1986 c 312 § 902. Prior: 1985 c 405 § 507; 1985 c 57 § 28; 1975 1st ex.s. c 167 § 12.] Additional notes found at www.leg.wa.gov 43.19.615 Motor vehicle transportation service— Deposits—Disbursements. The director of general administration shall deposit in the general administration services account all receipts, including the initial transfer of automobile pool capital from the highway equipment fund and any other funds transferred, rentals or other fees and charges for transportation services furnished, proceeds from the sale of surplus or replaced property under the control of the supervisor of motor transport and other income, and from which shall be paid operating costs, including salaries and wages, administrative expense, overhead, the cost of replacement vehicles, additional passenger vehicles, and any other expenses. [2005 c 214 § 2; 1998 c 105 § 13; 1975 1st ex.s. c 167 § 13.] 43.19.615 Additional notes found at www.leg.wa.gov 43.19.620 Motor vehicle transportation service— Rules and regulations. The director of general administration, through the supervisor of motor transport, shall adopt, promulgate, and enforce such regulations as may be deemed necessary to accomplish the purpose of RCW 43.19.560 through 43.19.630, 43.41.130, and 43.41.140. Such regulations, in addition to other matters, shall provide authority for any agency director or his or her delegate to approve the use on official state business of personally owned or commercially owned rental passenger motor vehicles. Before such an authorization is made, it must first be reasonably determined that state owned passenger vehicles or other suitable transportation is not available at the time or location required or that the use of such other transportation would not be conducive to the economical, efficient, and effective conduct of business. Such regulations shall be consistent with and shall carry out the objectives of the general policies and guidelines adopted by the office of financial management pursuant to RCW 43.41.130. [2009 c 549 § 5069; 1989 c 57 § 7; 1979 c 151 § 103; 1975 1st ex.s. c 167 § 14.] 43.19.620 Additional notes found at www.leg.wa.gov 43.19.625 Employee commuting in state owned or leased vehicle—Policies and regulations. See RCW 43.41.140. 43.19.625 43.19.630 Motor vehicle transportation service—Use of personal motor vehicle. RCW 43.19.560 through 43.19.620, 43.41.130, and 43.41.140 shall not be construed to prohibit a state officer or employee from using his or her personal motor vehicle on state business and being reimbursed therefor, where permitted under state travel policies, rules, and regulations promulgated by the office of financial management, and where such use is in the interest of economic, efficient, and effective management and performance of official state business. [2009 c 549 § 5070; 1989 c 57 § 8; 1979 c 151 § 104; 1975 1st ex.s. c 167 § 16.] 43.19.630 Additional notes found at www.leg.wa.gov (2010 Ed.) 43.19.637 43.19.635 43.19.635 Motor vehicle transportation service— Unauthorized use of state vehicles—Procedure—Disciplinary action. (1) The governor, acting through the department of general administration and any other appropriate agency or agencies as he or she may direct, is empowered to utilize all reasonable means for detecting the unauthorized use of state owned motor vehicles, including the execution of agreements with the state patrol for compliance enforcement. Whenever such illegal use is discovered which involves a state employee, the employing agency shall proceed as provided by law to establish the amount, extent, and dollar value of any such use, including an opportunity for notice and hearing for the employee involved. When such illegal use is so established, the agency shall assess its full cost of any mileage illegally used and shall recover such amounts by deductions from salary or allowances due to be paid to the offending official or employee by other means. Recovery of costs by the state under this subsection shall not preclude disciplinary or other action by the appropriate appointing authority or employing agency under subsection (2) of this section. (2) Any wilful and knowing violation of any provision of RCW 43.19.560 through 43.19.620, 43.41.130 and 43.41.140 shall subject the state official or employee committing such violation to disciplinary action by the appropriate appointing or employing agency. Such disciplinary action may include, but shall not be limited to, suspension without pay, or termination of employment in the case of repeated violations. (3) Any casual or inadvertent violation of RCW 43.19.560 through 43.19.620, 43.41.130 and 43.41.140 may subject the state official or employee committing such violation to disciplinary action by the appropriate appointing authority or employing agency. Such disciplinary action may include, but need not be limited to, suspension without pay. [2009 c 549 § 5071; 1975 1st ex.s. c 167 § 17.] Additional notes found at www.leg.wa.gov 43.19.637 43.19.637 Clean-fuel vehicles—Purchasing requirements. (1) At least thirty percent of all new vehicles purchased through a state contract shall be clean-fuel vehicles. (2) The percentage of clean-fuel vehicles purchased through a state contract shall increase at the rate of five percent each year. (3) In meeting the procurement requirement established in this section, preference shall be given to vehicles designed to operate exclusively on clean fuels. In the event that vehicles designed to operate exclusively on clean fuels are not available or would not meet the operational requirements for which a vehicle is to be procured, conventionally powered vehicles may be converted to clean fuel or dual fuel use to meet the requirements of this section. (4) Fuel purchased through a state contract shall be a clean fuel when the fuel is purchased for the operation of a clean-fuel vehicle. (5)(a) Weight classes are established by the following motor vehicle types: (i) Passenger cars; (ii) Light duty trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer of less than eight thousand five hundred pounds; [Title 43 RCW—page 101] 43.19.642 Title 43 RCW: State Government—Executive (iii) Heavy duty trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer of eight thousand five hundred pounds or more. (b) This subsection does not place an obligation upon the state or its political subdivisions to purchase vehicles in any number or weight class other than to meet the percent procurement requirement. (6) The provisions for purchasing clean-fuel vehicles under subsections (1) and (2) of this section are intended as minimum levels. The department should seek to increase the purchasing levels of clean-fuel vehicles above the minimum. The department must also investigate all opportunities to aggregate their purchasing with local governments to determine whether or not they can lower their costs and make it cost-efficient to increase the percentage of clean-fuel or high gas mileage vehicles in both the state and local fleets. (7) For the purposes of this section, "clean fuels" and "clean-fuel vehicles" shall be those fuels and vehicles meeting the specifications provided for in RCW 70.120.210. [2002 c 285 § 3; 1991 c 199 § 213.] Finding—1991 c 199: See note following RCW 70.94.011. Additional notes found at www.leg.wa.gov 43.19.642 Biodiesel fuel blends—Use by agencies— Biannual report. (1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent. (2) Effective June 1, 2009, state agencies are required to use a minimum of twenty percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies’ diesel-powered vessels, vehicles, and construction equipment. (3) All state agencies using biodiesel fuel shall, beginning on July 1, 2006, file biannual reports with the department of general administration documenting the use of the fuel and a description of how any problems encountered were resolved. (4) For the 2009-2011 fiscal biennium, all fuel purchased by the Washington state ferries at Harbor Island for the operation of the Washington state ferries diesel powered vessels must be a minimum of five percent biodiesel blend so long as the per gallon price of diesel containing a five percent biodiesel blend level does not exceed the per gallon price of diesel by more than five percent. If the per gallon price of diesel containing a five percent biodiesel blend level exceeds the per gallon price of diesel by more than five percent, the requirements of this section do not apply to vessel fuel purchases by the Washington state ferries. (5) By December 1, 2009, the department of general administration shall: (a) Report to the legislature on the average true price differential for biodiesel by blend and location; and (b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodie43.19.642 [Title 43 RCW—page 102] sel producers and report these findings to the legislature. [2010 c 247 § 701; 2009 c 470 § 716; 2007 c 348 § 201; 2006 c 338 § 10; 2003 c 17 § 2.] Effective date—2010 c 247: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 2010]." [2010 c 247 § 802.] Effective date—2009 c 470: See note following RCW 46.68.170. Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. Findings—Intent—2006 c 338: See note following RCW 19.112.110. Effective date—Severability—2006 c 338: See RCW 19.112.903 and 19.112.904. Findings—2003 c 17: "The legislature recognizes that: (1) Biodiesel is less polluting than petroleum diesel; (2) Using biodiesel in neat form or blended with petroleum diesel significantly reduces air toxics and cancer-causing compounds as well as the soot associated with petroleum diesel exhaust; (3) Biodiesel degrades much faster than petroleum diesel; (4) Biodiesel is less toxic than petroleum fuels; (5) The United States environmental protection agency’s new emission standards for petroleum diesel that take effect June 1, 2006, will require the addition of a lubricant to ultra-low sulfur diesel to counteract premature wear of injection pumps; (6) Biodiesel provides the needed lubricity to ultra-low sulfur diesel; (7) Biodiesel use in state-owned diesel-powered vehicles provides a means for the state to comply with the alternative fuel vehicle purchase requirements of the energy policy act of 1992, P.L. 102-486; and (8) The state is in a position to set an example of large scale use of biodiesel in diesel-powered vehicles and equipment." [2003 c 17 § 1.] 43.19.643 Biodiesel fuel blends—Definitions. The definitions in this section apply throughout RCW 43.19.642 unless the context clearly requires otherwise. (1) "Biodiesel" means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003. (2) "Ultra-low sulfur diesel" means petroleum diesel in which the sulfur content is not more than thirty parts per million. [2003 c 17 § 3.] 43.19.643 Findings—2003 c 17: See note following RCW 43.19.642. 43.19.646 Coordinating the purchase and delivery of biodiesel—Reports. (1) The department of general administration must assist state agencies seeking to meet the biodiesel fuel requirements in RCW 43.19.642 by coordinating the purchase and delivery of biodiesel if requested by any state agency. The department may use long-term contracts of up to ten years, when purchasing from in-state suppliers who use predominantly in-state feedstock, to secure a sufficient and stable supply of biodiesel for use by state agencies. (2) The department shall compile and analyze the reports submitted under *RCW 43.19.642(4) and report in an electronic format its findings and recommendations to the governor and committees of the legislature with responsibility for energy issues, within sixty days from the end of each reporting period. The governor shall consider these reports in determining whether to temporarily suspend minimum renewable fuel content requirements as authorized under RCW 19.112.160. [2006 c 338 § 12.] 43.19.646 *Reviser’s note: RCW 43.19.642 was amended by 2007 c 348 § 201, changing subsection (4) to subsection (3). (2010 Ed.) Department of General Administration Findings—Intent—2006 c 338: See note following RCW 19.112.110. Effective date—Severability—2006 c 338: See RCW 19.112.903 and 19.112.904. 43.19.647 Purchase of biofuels and biofuel blends— Contracting authority. (1) In order to allow the motor vehicle fuel needs of state and local government to be satisfied by Washington-produced biofuels as provided in this chapter, the department of general administration as well as local governments may contract in advance and execute contracts with public or private producers, suppliers, or other parties, for the purchase of appropriate biofuels, as that term is defined in RCW 43.325.010, and biofuel blends. Contract provisions may address items including, but not limited to, fuel standards, price, and delivery date. (2) The department of general administration may combine the needs of local government agencies, including ports, special districts, school districts, and municipal corporations, for the purposes of executing contracts for biofuels and to secure a sufficient and stable supply of alternative fuels. [2007 c 348 § 203.] 43.19.647 Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. 43.19.648 Publicly owned vehicles, vessels, and construction equipment—Fuel usage—Tires. (1) Effective June 1, 2015, all state agencies and local government subdivisions of the state, to the extent determined practicable by the rules adopted by the *department of community, trade, and economic development pursuant to RCW 43.325.080, are required to satisfy one hundred percent of their fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel. (2) In order to phase in this transition for the state, all state agencies, to the extent determined practicable by the *department of community, trade, and economic development by rules adopted pursuant to RCW 43.325.080, are required to achieve forty percent fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel by June 1, 2013. The department of general administration, in consultation with the *department of community, trade, and economic development, shall report to the governor and the legislature by December 1, 2013, on what percentage of the state’s fuel usage is from electricity or biofuel. (3) Except for cars owned or operated by the Washington state patrol, when tires on vehicles in the state’s motor vehicle fleet are replaced, they must be replaced with tires that have the same or better rolling resistance as the original tires. (4) By December 31, 2015, the state must, to the extent practicable, install electrical outlets capable of charging electric vehicles in each of the state’s fleet parking and maintenance facilities. (5) The department of transportation’s obligations under subsection (2) of this section are subject to the availability of amounts appropriated for the specific purpose identified in subsection (2) of this section. (6) The department of transportation’s obligations under subsection (4) of this section are subject to the availability of amounts appropriated for the specific purpose identified in subsection (4) of this section unless the department receives 43.19.648 (2010 Ed.) 43.19.663 federal or private funds for the specific purpose identified in subsection (4) of this section. (7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. [2009 c 459 § 7; 2007 c 348 § 202.] *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Finding—Purpose—2009 c 459: See note following RCW 47.80.090. Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090. 43.19.651 Fuel cells and renewable or alternative energy sources. (1) When planning for the capital construction or renovation of a state facility, state agencies shall consider the utilization of fuel cells and renewable or alternative energy sources as a primary source of power for applications that require an uninterruptible power source. (2) When planning the purchase of back-up or emergency power systems and remote power systems, state agencies shall consider the utilization of fuel cells and renewable or alternative energy sources instead of batteries or internal combustion engines. (3) The director of general administration shall develop criteria by which state agencies can identify, evaluate, and develop potential fuel cell applications at state facilities. (4) For the purposes of this section, "fuel cell" means an electrochemical reaction that generates electric energy by combining atoms of hydrogen and oxygen in the presence of a catalyst. [2003 c 340 § 1.] 43.19.651 43.19.663 Clean technologies—Purchase. (1) The department of general administration, in cooperation with public agencies, shall investigate opportunities to aggregate the purchase of clean technologies with other public agencies to determine whether or not combined purchasing can reduce the unit cost of clean technologies. (2) State agencies that are retail electric customers shall investigate opportunities to aggregate the purchase of electricity produced from generation resources that are fueled by wind or solar energy for their facilities located within a single utility’s service area, to determine whether or not combined purchasing can reduce the unit cost of those resources. (3) No public agency is required under this section to purchase clean technologies at prohibitive costs. (4)(a) "Electric utility" shall have the same meaning as provided under RCW 19.29A.010. 43.19.663 [Title 43 RCW—page 103] 43.19.668 Title 43 RCW: State Government—Executive (b) "Clean technology" includes, but may not be limited to, alternative fueled hybrid-electric and fuel cell vehicles, and distributive power generation. (c) "Distributive power generation" means the generation of electricity from an integrated or stand-alone power plant that generates electricity from wind energy, solar energy, or fuel cells. (d) "Retail electric customer" shall have the same meaning as provided under RCW 19.29A.010. (e) "Facility" means any building owned or leased by a public agency. [2002 c 285 § 4.] Reviser’s note: 2002 c 285 directed that this section be added to chapter 39.35B RCW. This section has been codified in chapter 43.19 RCW, which relates more directly to the purchasing authority of the department of general administration. 43.19.668 Energy conservation—Legislative finding—Declaration. The legislature finds and declares that the buildings, facilities, equipment, and vehicles owned or leased by state government consume significant amounts of energy and that energy conservation actions, including energy management systems, to provide for efficient energy use in these buildings, facilities, equipment, and vehicles will reduce the costs of state government. In order for the operations of state government to provide the citizens of this state an example of energy use efficiency, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce energy use in state buildings, facilities, equipment, and vehicles within a reasonable period of time. The use of appropriate tree plantings for energy conservation is encouraged as part of this program. [2001 c 214 § 23; 1993 c 204 § 6; 1980 c 172 § 1.] 43.19.668 Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. Findings—1993 c 204: See note following RCW 35.92.390. 43.19.669 Energy conservation—Purpose. It is the purpose of RCW 43.19.670 through 43.19.685 to require energy audits in state-owned buildings, to require energy audits as a lease condition in all new, renewed, and renegotiated leases of buildings by the state, to undertake such modifications and installations as are necessary to maximize the efficient use of energy in these buildings, including but not limited to energy management systems, and to establish a policy for the purchase of state vehicles, equipment, and materials which results in efficient energy use by the state. For a building that is leased by the state, energy audits and implementation of cost-effective energy conservation measures are required only for that portion of the building that is leased by the state when the state leases less than one hundred percent of the building. When implementing costeffective energy conservation measures in buildings leased by the state, those measures must generate savings sufficient to finance the building modifications and installations over a loan period not greater than ten years and allow repayment during the term of the lease. [2001 c 214 § 24; 1980 c 172 § 2.] 43.19.669 Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. [Title 43 RCW—page 104] 43.19.670 Energy conservation—Definitions. As used in RCW 43.19.670 through 43.19.685, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Energy audit" means a determination of the energy consumption characteristics of a facility which consists of the following elements: (a) An energy consumption survey which identifies the type, amount, and rate of energy consumption of the facility and its major energy systems. This survey shall be made by the agency responsible for the facility. (b) A walk-through survey which determines appropriate energy conservation maintenance and operating procedures and indicates the need, if any, for the acquisition and installation of energy conservation measures and energy management systems. This survey shall be made by the agency responsible for the facility if it has technically qualified personnel available. The director of general administration shall provide technically qualified personnel to the responsible agency if necessary. (c) An investment grade audit, which is an intensive engineering analysis of energy conservation and management measures for the facility, net energy savings, and a costeffectiveness determination. This element is required only for those facilities designated in the schedule adopted under RCW 43.19.680(2). (2) "Cost-effective energy conservation measures" means energy conservation measures that the investment grade audit concludes will generate savings sufficient to finance project loans of not more than ten years. (3) "Energy conservation measure" means an installation or modification of an installation in a facility which is primarily intended to reduce energy consumption or allow the use of an alternative energy source, including: (a) Insulation of the facility structure and systems within the facility; (b) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications; (c) Automatic energy control systems; (d) Equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems; (e) Solar space heating or cooling systems, solar electric generating systems, or any combination thereof; (f) Solar water heating systems; (g) Furnace or utility plant and distribution system modifications including replacement burners, furnaces, and boilers which substantially increase the energy efficiency of the heating system; devices for modifying flue openings which will increase the energy efficiency of the heating system; electrical or mechanical furnace ignitions systems which replace standing gas pilot lights; and utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources; (h) Caulking and weatherstripping; (i) Replacement or modification of lighting fixtures which increase the energy efficiency of the lighting system; (j) Energy recovery systems; (k) Energy management systems; and 43.19.670 (2010 Ed.) Department of General Administration (l) Such other measures as the director finds will save a substantial amount of energy. (4) "Energy conservation maintenance and operating procedure" means modification or modifications in the maintenance and operations of a facility, and any installations within the facility, which are designed to reduce energy consumption in the facility and which require no significant expenditure of funds. (5) "Energy management system" has the definition contained in RCW 39.35.030. (6) "Energy savings performance contracting" means the process authorized by chapter 39.35C RCW by which a company contracts with a state agency to conduct no-cost energy audits, guarantee savings from energy efficiency, provide financing for energy efficiency improvements, install or implement energy efficiency improvements, and agree to be paid for its investment solely from savings resulting from the energy efficiency improvements installed or implemented. (7) "Energy service company" means a company or contractor providing energy savings performance contracting services. (8) "Facility" means a building, a group of buildings served by a central energy distribution system, or components of a central energy distribution system. (9) "Implementation plan" means the annual tasks and budget required to complete all acquisitions and installations necessary to satisfy the recommendations of the energy audit. [2001 c 214 § 25; 1982 c 48 § 1; 1980 c 172 § 3.] Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. 43.19.685 as soon as possible but not later than twelve months after the walk-through survey. (2) If a walk-through survey has identified potentially cost-effective energy conservation measures, the agency responsible for the facility shall undertake an investment grade audit of the facility. Investment grade audits shall be completed no later than December 1, 2002. Installation of cost-effective energy conservation measures recommended in the investment grade audit shall be completed no later than June 30, 2004. (3) For each biennium until all measures are installed, the director of general administration shall report to the governor and legislature installation progress, [and] measures planned for installation during the ensuing biennium. This report shall be submitted by December 31, 2004, or at the end of the following year whichever immediately precedes the capital budget adoption, and every two years thereafter until all measures are installed. (4) Agencies may contract with energy service companies as authorized by chapter 39.35C RCW for energy audits and implementation of cost-effective energy conservation measures. The department shall provide technically qualified personnel to the responsible agency upon request. The department shall recover a fee for this service. [2001 c 214 § 27; 1996 c 186 § 506; 1986 c 325 § 2; 1983 c 313 § 1; 1982 c 48 § 3; 1980 c 172 § 5.] Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. Findings—1986 c 325: See note following RCW 43.41.170. 43.19.675 Energy audits of state-owned facilities required—Completion dates. For each state-owned facility, the director of general administration, or the agency responsible for the facility if other than the department of general administration, shall conduct an energy audit of that facility. This energy audit may be conducted by contract or by other arrangement, including appropriate agency staff. Performance-based contracting shall be the preferred method for implementing and completing energy audits. For each state-owned facility, the energy consumption surveys shall be completed no later than October 1, 2001, and the walkthrough surveys shall be completed no later than July 1, 2002. [2001 c 214 § 26; 1982 c 48 § 2; 1980 c 172 § 4.] 43.19.675 Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. Energy audits of school district buildings: RCW 28A.320.330. 43.19.680 Implementation of energy conservation and maintenance procedures after walk-through survey—Investment grade audit—Reports—Contracts with energy service companies, staffing. (1) Upon completion of each walk-through survey required by RCW 43.19.675, the director of general administration or the agency responsible for the facility if other than the department of general administration shall implement energy conservation maintenance and operation procedures that may be identified for any state-owned facility. These procedures shall be implemented 43.19.680 (2010 Ed.) Budgeting process—Guidelines to ensure agencies implementing energy conservation retain cost savings: RCW 43.41.170. 43.19.682 Energy conservation to be included in landscape objectives. The director of the department of general administration shall seek to further energy conservation objectives among other landscape objectives in planting and maintaining trees upon grounds administered by the department. [1993 c 204 § 9.] 43.19.682 Findings—1993 c 204: See note following RCW 35.92.390. 43.19.685 Lease covenants, conditions, and terms to be developed—Applicability. The director of general administration shall develop lease covenants, conditions, and terms which: (1) Obligate the lessor to conduct or have conducted a walk-through survey of the leased premises; (2) Obligate the lessor to implement identified energy conservation maintenance and operating procedures upon completion of the walk-through survey; and (3) Obligate the lessor to undertake technical assistance studies and subsequent acquisition and installation of energy conservation measures if the director of general administration, in accordance with rules adopted by the department, determines that these studies and measures will both conserve energy and can be accomplished with a state funding contribution limited to the savings which would result in utility expenses during the term of the lease. 43.19.685 [Title 43 RCW—page 105] 43.19.691 Title 43 RCW: State Government—Executive These lease covenants, conditions, and terms shall be incorporated into all specified new, renewed, and renegotiated leases executed on or after January 1, 1983. This section applies to all leases under which state occupancy is at least half of the facility space and includes an area greater than three thousand square feet. [1982 c 48 § 4; 1980 c 172 § 6.] purchasing, of each state, which statutes and regulations the director believes grant a preference to vendors located within the state or goods manufactured within the state. At least once every twelve months the director shall update the list. [1983 c 183 § 2.] 43.19.704 Rules for reciprocity in bidding. The director of general administration shall adopt and apply rules designed to provide for some reciprocity in bidding between Washington and those states having statutes or regulations on the list under RCW 43.19.702. The director of general administration shall have broad discretionary power in developing these rules and the rules shall provide for reciprocity only to the extent and in those instances where the director considers it appropriate. For the purpose of determining the lowest responsible bidder pursuant to RCW 43.19.1911, such rules shall (1) require the director to impose a reciprocity increase on bids when appropriate under the rules and (2) establish methods for determining the amount of the increase. In no instance shall such increase, if any, be paid to a vendor whose bid is accepted. [1983 c 183 § 3.] 43.19.704 43.19.691 Municipalities—Energy audits and efficiency. (1) Municipalities may conduct energy audits and implement cost-effective energy conservation measures among multiple government entities. (2) All municipalities shall report to the department if they implemented or did not implement, during the previous biennium, cost-effective energy conservation measures aggregated among multiple government entities. The reports must be submitted to the department by September 1, 2007, and by September 1, 2009. In collecting the reports, the department shall cooperate with the appropriate associations that represent municipalities. (3) The department shall prepare a report summarizing the reports submitted by municipalities under subsection (2) of this section and shall report to the committee by December 31, 2007, and by December 31, 2009. (4) For the purposes of this section, the following definitions apply: (a) "Committee" means the joint committee on energy supply and energy conservation in chapter 44.39 RCW. (b) "Cost-effective energy conservation measures" has the meaning provided in RCW 43.19.670. (c) "Department" means the department of general administration. (d) "Energy audit" has the meaning provided in RCW 43.19.670. (e) "Municipality" has the meaning provided in RCW 39.04.010. [2005 c 299 § 5.] 43.19.691 Intent—2005 c 299: See note following RCW 44.39.010. 43.19.695 Bonds to finance conservation measures. Financing to implement conservation measures, including fees charged by the department, may be carried out with bonds issued by the Washington economic development finance authority under chapter 43.163 RCW. [2005 c 299 § 6.] 43.19.695 Intent—2005 c 299: See note following RCW 44.39.010. 43.19.700 In-state preference clauses—Finding— Intent. The legislature finds that in-state preference clauses used by other states in procuring goods and services have a discriminatory effect against Washington vendors with resulting harm to this state’s revenues and the welfare of this state’s citizens. Chapter 183, Laws of 1983 is intended to promote fairness in state government procurement by requiring that, when appropriate, Washington exercise reciprocity with those states having in-state preferences, and it shall be liberally construed to that effect. [1983 c 183 § 1.] 43.19.700 43.19.702 List of statutes and regulations of each state on state purchasing which grant preference to instate vendors. The director of general administration shall compile a list of the statutes and regulations, relating to state 43.19.702 [Title 43 RCW—page 106] 43.19.708 Certified vendor-owned businesses—Identification in vendor registry. The department of general administration shall identify in the department’s vendor registry all vendors that are veteran-owned businesses as certified by the department of veterans affairs under RCW 43.60A.195. [2010 c 5 § 5.] 43.19.708 Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010. 43.19.710 Consolidated mail service—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 43.19.715. (1) "Consolidated mail service" means incoming, outgoing, and internal mail processing. (2) "Department" means the department of general administration. (3) "Director" means the director of the department of general administration. (4) "Agency" means: (a) The office of the governor; and (b) Any office, department, board, commission, or other separate unit or division, however designated, of the state government, together with all personnel thereof: Upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature; and that has as its chief executive officer a person or combination of persons such as a commission, board, or council, by law empowered to operate it, responsible either to: (i) No other public officer or (ii) the governor. (5) "Incoming mail" means mail, packages, or similar items received by an agency, through the United States postal service, private carrier services, or other courier services. (6) "Outgoing mail" means mail, packages, or similar items processed for agencies to be sent through the United States postal service, private carrier services, or other courier services. 43.19.710 (2010 Ed.) Recycled Product Procurement (7) "Internal mail" means interagency mail, packages, or similar items that are delivered or to be delivered to a state agency, the legislature, the supreme court, or the court of appeals, and their officers and employees. [1993 c 219 § 2.] Intent—1993 c 219: "It is the intent of the legislature to consolidate mail functions for state government in a manner that will provide timely, effective, efficient, and less-costly mail service for state government." [1993 c 219 § 1.] Additional notes found at www.leg.wa.gov 43.19.715 Consolidated mail service—Area served. The director shall establish a consolidated mail service to handle all incoming, outgoing, and internal mail in the 98504 zip code area or successor zip code areas for agencies in the Olympia, Tumwater, and Lacey area. The director may include additional geographic areas within the consolidated mail service, based upon his or her determination. The department shall also provide mail services to legislative and judicial agencies in the Olympia, Tumwater, and Lacey area upon request. The director may bill state agencies and other entities periodically for mail services rendered. [1993 c 219 § 3.] 43.19.715 Intent—Effective date—1993 c 219: See notes following RCW 43.19.710. 43.19.720 Consolidated mail service—Review needs of state agencies. The department, in cooperation with the office of financial management, shall review current and prospective needs of state agencies for any equipment to process mail throughout state government. If after such consultation, the department should find that the economy, efficiency, or effectiveness of state government would be improved by such a transfer or other disposition, then the property shall be transferred or otherwise disposed. After making such finding, the department shall direct the transfer of existing state property, facilities, and equipment pertaining to the consolidated mail service or United States postal service. Any dispute concerning the benefits in state governmental economy, efficiency, and effectiveness shall be resolved by the office of financial management. [1993 c 219 § 5.] 43.19.720 Intent—Effective date—1993 c 219: See notes following RCW 43.19.710. Chapter 43.19A RCW RECYCLED PRODUCT PROCUREMENT Chapter 43.19A Sections 43.19A.005 43.19A.010 43.19A.020 43.19A.022 43.19A.030 43.19A.040 43.19A.050 43.19A.060 43.19A.070 43.19A.080 43.19A.110 43.19A.900 Purpose. Definitions. Recycled product purchasing—Federal product standards. Recycled content paper for printers and copiers—Purchasing priority. Local government duties. Local government adoption of preferential purchase policy optional. Strategy for state agency procurement. Database of products and vendors. Education program—Product substitution list—Model procurement guidelines. Bid notification to state recycled content requirements. Local road projects—Compost products. Captions not law—1991 c 297. Recycled material products purchase: RCW 43.19.538. (2010 Ed.) 43.19A.010 43.19A.005 Purpose. It is the purpose of this chapter 43.19A.005 to: (1) Substantially increase the procurement of recycled content products by all local and state governmental agencies and public schools, and provide a model to encourage a comparable commitment by Washington state citizens and businesses in their purchasing practices; (2) Target government procurement policies and goals toward those recycled products for which there are significant market development needs or that may substantially contribute to solutions to the state’s waste management problem; (3) Provide standards for recycled products for use in procurement programs by all governmental agencies; (4) Provide the authority for all governmental agencies to adopt preferential purchasing policies for recycled products; (5) Direct state agencies to develop strategies to increase recycled product purchases, and to provide specific goals for procurement of recycled paper products and organic recovered materials; and (6) Provide guidance and direction for local governments and other public agencies to develop plans for increasing the procurement of recycled content products. [1991 c 297 § 1.] 43.19A.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulosecontaining waste materials. (2) "Department" means the department of general administration. (3) "Director" means the director of the department of general administration. (4) "Local government" means a city, town, county, special purpose district, school district, or other municipal corporation. (5) "Lubricating oil" means petroleum-based oils for reducing friction in engine parts and other mechanical parts. (6) "Mixed waste paper" means assorted low-value grades of paper that have not been separated into individual grades of paper at the point of collection. (7) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant. (8) "Biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70.95J RCW. (9) "Paper and paper products" means all items manufactured from paper or paperboard. (10) "Postconsumer waste" means a material or product that has served its intended use and has been discarded for disposal or recovery by a final consumer. (11) "Procurement officer" means the person that has the primary responsibility for procurement of materials or products. 43.19A.010 [Title 43 RCW—page 107] 43.19A.020 Title 43 RCW: State Government—Executive (12) "State agency" means all units of state government, including divisions of the governor’s office, the legislature, the judiciary, state agencies and departments, correctional institutions, vocational technical institutions, and universities and colleges. (13) "Recycled content product" or "recycled product" means a product containing recycled materials. (14) "Recycled materials" means waste materials and byproducts that have been recovered or diverted from solid waste and that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials derived from postconsumer waste, manufacturing waste, industrial scrap, agricultural wastes, and other items, all of which can be used in the manufacture of new or recycled products. (15) "Re-refined oils" means used lubricating oils from which the physical and chemical contaminants acquired through previous use have been removed through a refining process. Re-refining may include distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or other physical treatments other than those used in reclaiming. (16) "USEPA product standards" means the product standards of the United States environmental protection agency for recycled content published in the code of federal regulations. [1992 c 174 § 12; 1991 c 297 § 2.] 43.19A.020 Recycled product purchasing—Federal product standards. (1) The federal product standards, adopted under 42 U.S.C. Sec. 6962(e) as it exists on July 1, 2001, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in this subsection, unless the director finds that a different standard would significantly increase recycled product availability or competition. (a) Organic recovered materials; (b) Latex paint products; (c) Products for lower value uses containing recycled plastics; (d) Retread and remanufactured tires; (e) Lubricating oils; (f) Automotive batteries; (g) Building products and materials; (h) Panelboard; and (i) Compost products. (2) By July 1, 2001, the director shall adopt product standards for strawboard manufactured using as an ingredient straw that is produced as a by-product in the production of cereal grain or turf or grass seed and product standards for products made from strawboard. (3) The standards required by this section shall be applied to recycled product purchasing by the department, other state agencies, and state postsecondary educational institutions. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards. [2009 c 356 § 3; 2001 c 77 § 1; 1996 c 198 § 1; 1995 c 269 § 1406; 1991 c 297 § 3.] 43.19A.020 [Title 43 RCW—page 108] Effective date—2001 c 77: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [2001 c 77 § 2.] Additional notes found at www.leg.wa.gov 43.19A.022 Recycled content paper for printers and copiers—Purchasing priority. (1) By December 31, 2009, all state agencies shall purchase one hundred percent recycled content white cut sheet bond paper used in office printers and copiers. State agencies are encouraged to give priority to purchasing from companies that produce paper in facilities that generate energy from a renewable energy source. (2) State agencies that utilize office printers and copiers that, after reasonable attempts, cannot be calibrated to utilize such paper referenced in subsection (1) of this section, must for those models of equipment: (a) Purchase paper at the highest recycled content that can be utilized efficiently by the copier or printer; (b) At the time of lease renewal or at the end of the lifecycle, either lease or purchase a model that will efficiently utilize one hundred percent recycled content white cut sheet bond paper; (3) Printed projects that require the use of high volume production inserters or high-speed digital devices, such as those used by the state printer, department of information services, and the department of general administration, are not required to meet the one hundred percent recycled content white cut sheet bond paper standard, but must utilize the highest recycled content that can be utilized efficiently by such equipment and not impede the business of agencies. (4) The state printer, department of general administration, and department of information services shall work together to identify for use by agencies one hundred percent recycled paper products that process efficiently through highspeed production equipment and do not impede the business of agencies. [2009 c 356 § 2.] 43.19A.022 43.19A.030 Local government duties. (1) By January 1, 1993, each local government shall review its existing procurement policies and specifications to determine whether recycled products are intentionally or unintentionally excluded. The policies and specifications shall be revised to include such products unless a recycled content product does not meet an established performance standard of the agency. (2) By fiscal year 1994, each local government shall adopt a minimum purchasing goal for recycled content as a percentage of the total dollar value of supplies purchased. To assist in achieving this goal each local government shall adopt a strategy by January 1, 1993, and shall submit a description of the strategy to the department. All public agencies shall respond to requests for information from the department for the purpose of its reporting requirements under this section. (3) Each local government shall designate a procurement officer who shall serve as the primary contact with the department for compliance with the requirements of this chapter. (4) This section shall apply only to local governments with expenditures for supplies exceeding five hundred thousand dollars for fiscal year 1989. Expenditures for capital goods and for electricity, water, or gas for resale shall not be 43.19A.030 (2010 Ed.) Recycled Product Procurement considered a supply expenditure. [1998 c 245 § 57; 1991 c 297 § 4.] 43.19A.040 Local government adoption of preferential purchase policy optional. (1) Each local government shall consider the adoption of policies, rules, or ordinances to provide for the preferential purchase of recycled content products. Any local government may adopt the preferential purchasing policy of the department of general administration, or portions of such policy, or another policy that provides a preference for recycled content products. (2) The department of general administration shall prepare one or more model recycled content preferential purchase policies suitable for adoption by local governments. The model policy shall be widely distributed and provided through the technical assistance and workshops under RCW 43.19A.070. (3) A local government that is not subject to the purchasing authority of the department of general administration, and that adopts the preferential purchase policy or rules of the department, shall not be limited by the percentage price preference included in such policy or rules. [1991 c 297 § 6.] 43.19A.040 43.19A.050 Strategy for state agency procurement. The department shall prepare a strategy to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The strategy shall include purchases from public works contracts. The strategy shall address the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, latex paint, and lead acid batteries having recycled content. In addition, the strategy shall incorporate actions to achieve the following purchase level goals of compost products: Compost products as a percentage of the total dollar amount on an annual basis: (1) At least forty percent by 1996; (2) At least sixty percent by 1997; (3) At least eighty percent by 1998. [2009 c 356 § 4; 1996 c 198 § 2; 1991 c 297 § 7.] 43.19A.050 43.19A.060 Database of products and vendors. (1) The department shall develop a database of available products with recycled-content products, and vendors supplying such products. The database shall incorporate information regarding product consistency with the content standards adopted under RCW 43.19A.020. The database shall incorporate information developed through state and local government procurement of recycled-content products. (2) By December 1, 1992, the department shall report to the appropriate standing committees of the legislature on the cost of making the database accessible to all state and local governments and to the private sector. (3) The department shall compile information on purchases made by the department or pursuant to the department’s purchasing authority, and information provided by local governments, regarding: (a) The percentage of recycled content and, if known, the amount of postconsumer waste in the products purchased; (b) Price; 43.19A.060 (2010 Ed.) 43.19A.110 (c) Agency experience with the performance of recycled products and the supplier under the terms of the purchase; and (d) Any other information deemed appropriate by the department. [1991 c 297 § 8.] 43.19A.070 Education program—Product substitution list—Model procurement guidelines. (1) The department shall implement an education program to encourage maximum procurement of recycled products by state and local government entities. The program shall include at least the following: (a) Technical assistance to all state and local governments and their designated procurement officers on the requirements of this chapter, including preparation of model purchase contracts, the preparation of procurement plans, and the availability of recycled products; (b) Two or more workshops annually in which all state and local government entities are invited; (c) Information on intergovernmental agreements to facilitate procurement of recycled products. (2) The director shall, in consultation with the department of ecology, make available to the public, local jurisdictions, and the private sector, a comprehensive list of substitutes for extremely hazardous, hazardous, toxic, and nonrecyclable products, and disposable products intended for a single use. The department and all state agencies exercising the purchasing authorities of the department shall include the substitute products on bid notifications, except where the department allows an exception based upon product availability, price, suitability for intended use, or similar reasons. (3) The department shall prepare model procurement guidelines for use by local governments. [1991 c 297 § 9.] 43.19A.070 43.19A.080 Bid notification to state recycled content requirements. A notification regarding a state or local government’s intent to procure products with recycled content must be prominently displayed in the procurement solicitation or invitation to bid including: (1) A description of the postconsumer waste content or recycled content requirements; and (2) A description of the agency’s recycled content preference program. [1991 c 297 § 11.] 43.19A.080 43.19A.110 Local road projects—Compost products. (1) Each county and city required to prepare a strategy under RCW 43.19A.030 shall adopt specifications for compost products to be used in road projects. The specifications developed by the department of transportation under RCW 47.28.220 may be adopted by the city or county in lieu of developing specifications. (2) After July 1, 1992, any contract awarded in whole or in part for applying soils, soil covers, or soil amendments to road rights-of-way shall specify that compost materials be purchased in accordance with the following schedule: (a) For the period July 1, 1992, through June 30, 1994, at least twenty-five percent of the total dollar amount of purchases by the city or county; (b) On and after July 1, 1994, at least fifty percent of the annual total dollar amount of purchases by the city or county. 43.19A.110 [Title 43 RCW—page 109] 43.19A.900 Title 43 RCW: State Government—Executive (3) The city or county may depart from the schedule in subsection (2) of this section where it determines that no suitable product is available at a reasonable price. [1991 c 297 § 17.] 43.19A.900 Captions not law—1991 c 297. Captions as used in this act constitute no part of the law. [1991 c 297 § 21.] 43.19A.900 Chapter 43.20 Chapter 43.20 RCW STATE BOARD OF HEALTH Sections 43.20.025 43.20.030 43.20.035 43.20.050 43.20.100 43.20.110 43.20.140 43.20.145 43.20.175 43.20.185 43.20.195 43.20.200 43.20.215 43.20.220 43.20.230 43.20.235 43.20.240 43.20.250 43.20.260 43.20.270 43.20.275 43.20.280 43.20.285 43.20.290 Definitions. State board of health—Members—Chair—Staff support— Executive director, confidential secretary—Compensation and travel expenses of members. State board of health—Cooperation with environmental agencies. Powers and duties of state board of health—State public health report—Delegation of authority—Enforcement of rules. Biennial report. Federal act on maternal and infancy hygiene accepted. Services to crippled children—Rules and regulations. Food service rules—Consideration of federal food code. Violations—Injunctions and legal proceedings authorized. Enforcement of health laws and state or local rules and regulations upon request of local health officer. Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator. Grant-in-aid payments for local health departments. Right of person to rely on prayer to alleviate ailments not abridged. Cooperation with federal government—Construction of Title 70 RCW. Water resource planning—Procedures, criteria, technical assistance. Water conservation—Water delivery rate structures. Public water systems—Complaint process. Review of water system plan—Time limitations—Notice of rejection of plan or extension of timeline. Review of water system plan, requirements—Municipal water suppliers, retail service. Governor’s interagency coordinating council on health disparities—Action plan—Statewide policy. Council created—Membership—Duties—Advisory committees. Action plan for eliminating health disparities—Council meetings—Reports to the legislature. Health impact reviews—Obtaining and allocating federal or private funding to implement chapter. Obtaining and allocating federal or private funding. Contagious diseases abatement: RCW 70.05.070. report of local officers and physicians: RCW 70.05.110. Control of pet animals infected with diseases communicable to humans, state board of health duties: Chapter 16.70 RCW. Death certificates: RCW 70.58.150 through 70.58.190. Drinking water quality consumer complaints: RCW 80.04.110. Food and beverage service workers’ permits, prescribed by: RCW 69.06.010. Health, department of: Chapter 43.70 RCW. Hospitals disclosure of information: RCW 70.41.150. enforcement of board rules: RCW 70.41.040. inspection: RCW 70.41.120. Immunization program, state board of health participation: RCW 28A.210.060 through 28A.210.170. Physicians, regulation of professional services: RCW 70.41.180. Sexually transmitted diseases: Chapter 70.24 RCW. [Title 43 RCW—page 110] Social and health services, department created: RCW 43.17.010, 43.20A.030. 43.20.025 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Commissions" means the Washington state commission on African-American affairs established in chapter 43.113 RCW, the Washington state commission on Asian Pacific American affairs established in chapter 43.117 RCW, the Washington state commission on Hispanic affairs established in chapter 43.115 RCW, and the governor’s office of Indian affairs. (2) "Consumer representative" means any person who is not an elected official, who has no fiduciary obligation to a health facility or other health agency, and who has no material financial interest in the rendering of health services. (3) "Council" means the governor’s interagency coordinating council on health disparities, convened according to this chapter. (4) "Department" means the department of health. (5) "Health disparities" means the difference in incidence, prevalence, mortality, or burden of disease and other adverse health conditions, including lack of access to proven health care services that exists between specific population groups in Washington state. (6) "Health impact review" means a review of a legislative or budgetary proposal completed according to the terms of this chapter that determines the extent to which the proposal improves or exacerbates health disparities. (7) "Secretary" means the secretary of health, or the secretary’s designee. (8) "Local health board" means a health board created pursuant to chapter 70.05, 70.08, or 70.46 RCW. (9) "Local health officer" means the legally qualified physician appointed as a health officer pursuant to chapter 70.05, 70.08, or 70.46 RCW. (10) "Social determinants of health" means those elements of social structure most closely shown to affect health and illness, including at a minimum, early learning, education, socioeconomic standing, safe housing, gender, incidence of violence, convenient and affordable access to safe opportunities for physical activity, healthy diet, and appropriate health care services. (11) "State board" means the state board of health created under chapter 43.20 RCW. [2006 c 239 § 2; 1989 1st ex.s. c 9 § 208; 1984 c 243 § 1.] 43.20.025 Additional notes found at www.leg.wa.gov 43.20.030 State board of health—Members— Chair—Staff support—Executive director, confidential secretary—Compensation and travel expenses of members. The state board of health shall be composed of ten members. These shall be the secretary or the secretary’s designee and nine other persons to be appointed by the governor, including four persons experienced in matters of health and sanitation, one of whom is a health official from a federally recognized tribe; an elected city official who is a member of a local health board; an elected county official who is a member of a local health board; a local health officer; and two persons representing the consumers of health care. Before 43.20.030 (2010 Ed.) State Board of Health appointing the city official, the governor shall consider any recommendations submitted by the association of Washington cities. Before appointing the county official, the governor shall consider any recommendations submitted by the Washington state association of counties. Before appointing the local health officer, the governor shall consider any recommendations submitted by the Washington state association of local public health officials. Before appointing one of the two consumer representatives, the governor shall consider any recommendations submitted by the state council on aging. The chair shall be selected by the governor from among the nine appointed members. The department of health shall provide necessary technical staff support to the board. The board may employ an executive director and a confidential secretary, each of whom shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW. Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060. [2009 c 549 § 5072; 2006 c 238 § 1. Prior: 1984 c 287 § 75; 1984 c 243 § 2; (1993 c 492 § 255 repealed by 1995 c 43 § 16); 1970 ex.s. c 18 § 11; 1965 c 8 § 43.20.030; prior: 1921 c 7 § 56, part; RRS § 10814, part.] Short title—2006 c 238: "This act shall be known as the Sue Crystal memorial act." [2006 c 238 § 2.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Additional notes found at www.leg.wa.gov 43.20.035 State board of health—Cooperation with environmental agencies. See RCW 43.70.310. 43.20.035 43.20.050 Powers and duties of state board of health—State public health report—Delegation of authority—Enforcement of rules. (1) The state board of health shall provide a forum for the development of public health policy in Washington state. It is authorized to recommend to the secretary means for obtaining appropriate citizen and professional involvement in all public health policy formulation and other matters related to the powers and duties of the department. It is further empowered to hold hearings and explore ways to improve the health status of the citizenry. (a) At least every five years, the state board shall convene regional forums to gather citizen input on public health issues. (b) Every two years, in coordination with the development of the state biennial budget, the state board shall prepare the state public health report that outlines the health priorities of the ensuing biennium. The report shall: (i) Consider the citizen input gathered at the forums; (ii) Be developed with the assistance of local health departments; (iii) Be based on the best available information collected and reviewed according to RCW 43.70.050; (iv) Be developed with the input of state health care agencies. At least the following directors of state agencies shall provide timely recommendations to the state board on suggested health priorities for the ensuing biennium: The secretary of social and health services, the health care authority administrator, the insurance commissioner, the superin43.20.050 (2010 Ed.) 43.20.050 tendent of public instruction, the director of labor and industries, the director of ecology, and the director of agriculture; (v) Be used by state health care agency administrators in preparing proposed agency budgets and executive request legislation; (vi) Be submitted by the state board to the governor by January 1st of each even-numbered year for adoption by the governor. The governor, no later than March 1st of that year, shall approve, modify, or disapprove the state public health report. (c) In fulfilling its responsibilities under this subsection, the state board may create ad hoc committees or other such committees of limited duration as necessary. (2) In order to protect public health, the state board of health shall: (a) Adopt rules for group A public water systems, as defined in RCW 70.119A.020, necessary to assure safe and reliable public drinking water and to protect the public health. Such rules shall establish requirements regarding: (i) The design and construction of public water system facilities, including proper sizing of pipes and storage for the number and type of customers; (ii) Drinking water quality standards, monitoring requirements, and laboratory certification requirements; (iii) Public water system management and reporting requirements; (iv) Public water system planning and emergency response requirements; (v) Public water system operation and maintenance requirements; (vi) Water quality, reliability, and management of existing but inadequate public water systems; and (vii) Quality standards for the source or supply, or both source and supply, of water for bottled water plants; (b) Adopt rules as necessary for group B public water systems, as defined in RCW 70.119A.020. The rules shall, at a minimum, establish requirements regarding the initial design and construction of a public water system. The state board of health rules may waive some or all requirements for group B public water systems with fewer than five connections; (c) Adopt rules and standards for prevention, control, and abatement of health hazards and nuisances related to the disposal of wastes, solid and liquid, including but not limited to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design, construction, and operation of sewage, garbage, refuse and other solid waste collection, treatment, and disposal facilities; (d) Adopt rules controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, cleanliness and space in all types of public facilities including but not limited to food service establishments, schools, institutions, recreational facilities and transient accommodations and in places of work; (e) Adopt rules for the imposition and use of isolation and quarantine; (f) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules governing the receipt and conveyance of remains of deceased persons, and such other sanitary mat[Title 43 RCW—page 111] 43.20.100 Title 43 RCW: State Government—Executive ters as admit of and may best be controlled by universal rule; and (g) Adopt rules for accessing existing databases for the purposes of performing health related research. (3) The state board shall adopt rules for the design, construction, installation, operation, and maintenance of those on-site sewage systems with design flows of less than three thousand five hundred gallons per day. (4) The state board may delegate any of its rule-adopting authority to the secretary and rescind such delegated authority. (5) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and all other officers and employees of the state, or any county, city, or township thereof, shall enforce all rules adopted by the state board of health. In the event of failure or refusal on the part of any member of such boards or any other official or person mentioned in this section to so act, he or she shall be subject to a fine of not less than fifty dollars, upon first conviction, and not less than one hundred dollars upon second conviction. (6) The state board may advise the secretary on health policy issues pertaining to the department of health and the state. [2009 c 495 § 1; 2007 c 343 § 11; 1993 c 492 § 489; 1992 c 34 § 4. Prior: 1989 1st ex.s. c 9 § 210; 1989 c 207 § 1; 1985 c 213 § 1; 1979 c 141 § 49; 1967 ex.s. c 102 § 9; 1965 c 8 § 43.20.050; prior: (i) 1901 c 116 § 1; 1891 c 98 § 2; RRS § 6001. (ii) 1921 c 7 § 58; RRS § 10816.] Effective date—2009 c 495: "Except for section 9 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2009]." [2009 c 495 § 17.] Captions and part headings not law—2007 c 343: See RCW 70.118B.900. Findings—1993 c 492: "The legislature finds that our health and financial security are jeopardized by our ever increasing demand for health care and by current health insurance and health system practices. Current health system practices encourage public demand for unneeded, ineffective, and sometimes dangerous health treatments. These practices often result in unaffordable cost increases that far exceed ordinary inflation for essential care. Current total health care expenditure rates should be sufficient to provide access to essential health care interventions to all within a reformed, efficient system. The legislature finds that too many of our state’s residents are without health insurance, that each year many individuals and families are forced into poverty because of serious illness, and that many must leave gainful employment to be eligible for publicly funded medical services. Additionally, thousands of citizens are at risk of losing adequate health insurance, have had insurance canceled recently, or cannot afford to renew existing coverage. The legislature finds that businesses find it difficult to pay for health insurance and remain competitive in a global economy, and that individuals, the poor, and small businesses bear an inequitable health insurance burden. The legislature finds that persons of color have significantly higher rates of mortality and poor health outcomes, and substantially lower numbers and percentages of persons covered by health insurance than the general population. It is intended that chapter 492, Laws of 1993 make provisions to address the special health care needs of these racial and ethnic populations in order to improve their health status. The legislature finds that uncontrolled demand and expenditures for health care are eroding the ability of families, businesses, communities, and governments to invest in other enterprises that promote health, maintain independence, and ensure continued economic welfare. Housing, nutrition, education, and the environment are all diminished as we invest ever increasing shares of wealth in health care treatments. The legislature finds that while immediate steps must be taken, a longterm plan of reform is also needed." [1993 c 492 § 101.] [Title 43 RCW—page 112] Intent—1993 c 492: "(1) The legislature intends that state government policy stabilize health services costs, assure access to essential services for all residents, actively address the health care needs of persons of color, improve the public’s health, and reduce unwarranted health services costs to preserve the viability of nonhealth care businesses. (2) The legislature intends that: (a) Total health services costs be stabilized and kept within rates of increase similar to the rates of personal income growth within a publicly regulated, private marketplace that preserves personal choice; (b) State residents be enrolled in the certified health plan of their choice that meets state standards regarding affordability, accessibility, cost-effectiveness, and clinical efficaciousness; (c) State residents be able to choose health services from the full range of health care providers, as defined in RCW 43.72.010(12), in a manner consistent with good health services management, quality assurance, and cost effectiveness; (d) Individuals and businesses have the option to purchase any health services they may choose in addition to those included in the uniform benefits package or supplemental benefits; (e) All state residents, businesses, employees, and government participate in payment for health services, with total costs to individuals on a sliding scale based on income to encourage efficient and appropriate utilization of services; (f) These goals be accomplished within a reformed system using private service providers and facilities in a way that allows consumers to choose among competing plans operating within budget limits and other regulations that promote the public good; and (g) A policy of coordinating the delivery, purchase, and provision of health services among the federal, state, local, and tribal governments be encouraged and accomplished by chapter 492, Laws of 1993. (3) Accordingly, the legislature intends that chapter 492, Laws of 1993 provide both early implementation measures and a process for overall reform of the health services system." [1993 c 492 § 102.] Rules and regulations—Visual and auditory screening of pupils: RCW 28A.210.020. Additional notes found at www.leg.wa.gov 43.20.100 Biennial report. The state board of health shall report to the governor by July 1st of each even-numbered year including therein suggestions for public health priorities for the following biennium and such legislative action as it deems necessary. [2009 c 518 § 23; 1977 c 75 § 44; 1965 c 8 § 43.20.100. Prior: 1891 c 98 § 11; RRS § 6007.] 43.20.100 43.20.110 Federal act on maternal and infancy hygiene accepted. The provisions of the act of congress entitled "An Act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes," approved November 23, 1921, are hereby accepted by the state of Washington. [1965 c 8 § 43.20.110. Prior: 1923 c 127 § 1; RRS § 10814-1.] 43.20.110 43.20.140 Services to crippled children—Rules and regulations. The director of the state board of health shall be empowered to promulgate such rules and regulations as shall be necessary to effectuate and carry out the purposes of RCW 43.20A.635. [1979 c 141 § 58; 1965 c 8 § 43.20.140. Prior: 1941 c 129 § 2; Rem. Supp. 1941 § 9992-107b. Formerly RCW 74.12.220.] 43.20.140 43.20.145 Food service rules—Consideration of federal food code. The state board shall consider the most recent version of the United States food and drug administration’s food code for the purpose of adopting rules for food service. [2003 c 65 § 2.] 43.20.145 Intent—2003 c 65: "The United States food and drug administration’s food code incorporates the most recent food science and technology. The (2010 Ed.) State Board of Health code is regularly updated in consultation with the states, the scientific community, and the food service industry. The food and drug administration’s food code provides consistency for food service regulations, and it serves as a model for many states’ food service rules. It is the legislature’s intent that the state board of health use the United States food and drug administration’s food code as guidance when developing food service rules for this state." [2003 c 65 § 1.] 43.20.175 Violations—Injunctions and legal proceedings authorized. See RCW 43.70.190. 43.20.175 43.20.185 Enforcement of health laws and state or local rules and regulations upon request of local health officer. See RCW 43.70.200. 43.20.185 43.20.195 Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator. See RCW 43.20A.660. 43.20.195 43.20.200 Grant-in-aid payments for local health departments. The state board of health is hereby authorized to provide grant-in-aid payments with state funds to assist in the cost of general operation of local health departments in accordance with standards established by the board. [1967 ex.s. c 102 § 11.] 43.20.200 Additional notes found at www.leg.wa.gov 43.20.215 Right of person to rely on prayer to alleviate ailments not abridged. See RCW 43.70.210. 43.20.215 43.20.220 Cooperation with federal government— Construction of Title 70 RCW. See RCW 70.01.010. 43.20.220 43.20.230 Water resource planning—Procedures, criteria, technical assistance. Consistent with the water resource planning process of the department of ecology, the department of health shall: (1) Develop procedures and guidelines relating to water use efficiency, as defined in *section 4(3), chapter 348, Laws of 1989, to be included in the development and approval of cost-efficient water system plans required under RCW 43.20.050; (2) Develop criteria, with input from technical experts, with the objective of encouraging the cost-effective reuse of greywater and other water recycling practices, consistent with protection of public health and water quality; (3) Provide advice and technical assistance upon request in the development of water use efficiency plans; and (4) Provide advice and technical assistance on request for development of model conservation rate structures for public water systems. Subsections (1), (2), and (3) of this section are subject to the availability of funding. [1993 sp.s. c 4 § 9; 1989 c 348 § 12.] 43.20.230 *Reviser’s note: 1989 c 348 § 4 was vetoed. Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600. Additional notes found at www.leg.wa.gov 43.20.235 Water conservation—Water delivery rate structures. Water purveyors required to develop a water system plan pursuant to RCW 43.20.230 shall evaluate the 43.20.235 (2010 Ed.) 43.20.240 feasibility of adopting and implementing water delivery rate structures that encourage water conservation. This information shall be included in water system plans submitted to the department of health for approval after July 1, 1993. The department shall evaluate the following: (1) Rate structures currently used by public water systems in Washington; and (2) Economic and institutional constraints to implementing conservation rate structures. [1998 c 245 § 58; 1993 sp.s. c 4 § 10.] Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600. 43.20.240 Public water systems—Complaint process. (1) The department shall have primary responsibility among state agencies to receive complaints from persons aggrieved by the failure of a public water system. If the remedy to the complaint is not within the jurisdiction of the department, the department shall refer the complaint to the state or local agency that has the appropriate jurisdiction. The department shall take such steps as are necessary to inform other state agencies of their primary responsibility for such complaints and the implementing procedures. (2) Each county shall designate a contact person to the department for the purpose of receiving and following up on complaint referrals that are within county jurisdiction. In the absence of any such designation, the county health officer shall be responsible for performing this function. (3) The department and each county shall establish procedures for providing a reasonable response to complaints received from persons aggrieved by the failure of a public water system. (4) The department and each county shall use all reasonable efforts to assist customers of public water systems in obtaining a dependable supply of water at all times. The availability of resources and the public health significance of the complaint shall be considered when determining what constitutes a reasonable effort. (5) The department shall, in consultation with local governments, water utilities, water-sewer districts, public utility districts, and other interested parties, develop a booklet or other single document that will provide to members of the public the following information: (a) A summary of state and local law regarding the obligations of public water systems in providing drinking water supplies to their customers; (b) A summary of the activities, including planning, rate setting, and compliance, that are to be performed by both local and state agencies; (c) The rights of customers of public water systems, including identification of agencies or offices to which they may address the most common complaints regarding the failures or inadequacies of public water systems. This booklet or document shall be available to members of the public no later than January 1, 1991. [2009 c 495 § 2; 1999 c 153 § 56; 1990 c 132 § 3.] 43.20.240 Effective date—2009 c 495: See note following RCW 43.20.050. Legislative findings—1990 c 132: "The legislature finds the best interests of the citizens of the state are served if: (1) Customers served by public water systems are assured of an adequate quantity and quality of water supply at reasonable rates; (2) There is improved coordination between state agencies engaged in [Title 43 RCW—page 113] 43.20.250 Title 43 RCW: State Government—Executive water system planning and public health regulation and local governments responsible for land use planning and public health and safety; and (3) Existing procedures and processes for water system planning are strengthened and fully implemented by state agencies, local government, and public water systems." [1990 c 132 § 1.] Additional notes found at www.leg.wa.gov 43.20.250 Review of water system plan—Time limitations—Notice of rejection of plan or extension of timeline. For any new or revised water system plan submitted for review under this chapter, the department shall review and either approve, conditionally approve, reject, or request amendments within ninety days of the receipt of the submission of the plan. The department may extend this ninety-day time limitation for new submittals by up to an additional ninety days if insufficient time exists to adequately review the general comprehensive plan. For rejections of plans or extensions of the timeline, the department shall provide in writing, to the person or entity submitting the plan, the reason for such action. In addition, the person or entity submitting the plan and the department may mutually agree to an extension of the deadlines contained in this section. [2002 c 161 § 1.] 43.20.250 43.20.260 Review of water system plan, requirements—Municipal water suppliers, retail service. In approving the water system plan of a public water system, the department shall ensure that water service to be provided by the system under the plan for any new industrial, commercial, or residential use is consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area. A municipal water supplier, as defined in RCW 90.03.015, has a duty to provide retail water service within its retail service area if: (1) Its service can be available in a timely and reasonable manner; (2) the municipal water supplier has sufficient water rights to provide the service; (3) the municipal water supplier has sufficient capacity to serve the water in a safe and reliable manner as determined by the department of health; and (4) it is consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area and, for water service by the water utility of a city or town, with the utility service extension ordinances of the city or town. [2003 1st sp.s. c 5 § 8.] 43.20.260 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 43.20.270 Governor’s interagency coordinating council on health disparities—Action plan—Statewide policy. The legislature finds that women and people of color experience significant disparities from men and the general population in education, employment, healthful living conditions, access to health care, and other social determinants of health. The legislature finds that these circumstances coupled with lower, slower, and less culturally appropriate and gender appropriate access to needed medical care result in higher rates of morbidity and mortality for women and per43.20.270 [Title 43 RCW—page 114] sons of color than observed in the general population. Health disparities are defined by the national institute of health as the differences in incidence, prevalence, mortality, and burden of disease and other adverse health conditions that exist among specific population groups in the United States. It is the intent of the Washington state legislature to create the healthiest state in the nation by striving to eliminate health disparities in people of color and between men and women. In meeting the intent of chapter 239, Laws of 2006, the legislature creates the governor’s interagency coordinating council on health disparities. This council shall create an action plan and statewide policy to include health impact reviews that measure and address other social determinants of health that lead to disparities as well as the contributing factors of health that can have broad impacts on improving status, health literacy, physical activity, and nutrition. [2006 c 239 § 1.] 43.20.275 Council created—Membership—Duties— Advisory committees. (1) In collaboration with staff whom the office of financial management may assign, and within funds made expressly available to the state board for these purposes, the state board shall assist the governor by convening and providing assistance to the council. The council shall include one representative from each of the following groups: Each of the commissions, the state board, the department, the department of social and health services, the *department of community, trade, and economic development, the health care authority, the department of agriculture, the department of ecology, the office of the superintendent of public instruction, the department of early learning, the workforce training and education coordinating board, and two members of the public who will represent the interests of health care consumers. The council is a class one group under RCW 43.03.220. The two public members shall be paid per diem and travel expenses in accordance with RCW 43.03.050 and 43.03.060. The council shall reflect diversity in race, ethnicity, and gender. The governor or the governor’s designee shall chair the council. (2) The council shall promote and facilitate communication, coordination, and collaboration among relevant state agencies and communities of color, and the private sector and public sector, to address health disparities. The council shall conduct public hearings, inquiries, studies, or other forms of information gathering to understand how the actions of state government ameliorate or contribute to health disparities. All state agencies must cooperate with the council’s efforts. (3) The council with assistance from the state board, shall assess through public hearings, review of existing data, and other means, and recommend initiatives for improving the availability of culturally appropriate health literature and interpretive services within public and private health-related agencies. (4) In order to assist with its work, the council shall establish advisory committees to assist in plan development for specific issues and shall include members of other state agencies and local communities. (5) The advisory committee shall reflect diversity in race, ethnicity, and gender. [2006 c 239 § 3.] 43.20.275 *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. (2010 Ed.) Department of Social and Health Services 43.20.280 Action plan for eliminating health disparities—Council meetings—Reports to the legislature. The council shall consider in its deliberations and by 2012, create an action plan for eliminating health disparities. The action plan must address, but is not limited to, the following diseases, conditions, and health indicators: Diabetes, asthma, infant mortality, HIV/AIDS, heart disease, strokes, breast cancer, cervical cancer, prostate cancer, chronic kidney disease, sudden infant death syndrome (SIDS), mental health, women’s health issues, smoking cessation, oral disease, and immunization rates of children and senior citizens. The council shall prioritize the diseases, conditions, and health indicators according to prevalence and severity of the health disparity. The council shall address these priorities on an incremental basis by adding no more than five of the diseases, conditions, and health indicators to each update or revised version of the action plan. The action plan shall be updated biannually. The council shall meet as often as necessary but not less than two times per calendar year. The council shall report its progress with the action plan to the governor and the legislature no later than January 15, 2008. A second report shall be presented no later than January 15, 2010, and a third report from the council shall be presented to the governor and the legislature no later than January 15, 2012. Thereafter, the governor and legislature shall require progress updates from the council every four years in oddnumbered years. The action plan shall recognize the need for flexibility. [2006 c 239 § 4.] 43.20.280 43.20.285 Health impact reviews—Obtaining and allocating federal or private funding to implement chapter. The state board shall, to the extent that funds are available expressly for this purpose, complete health impact reviews, in collaboration with the council, and with assistance that shall be provided by any state agency of which the board makes a request. (1) A health impact review may be initiated by a written request submitted according to forms and procedures proposed by the council and approved by the state board before December 1, 2006. (2) Any state legislator or the governor may request a review of any proposal for a state legislative or budgetary change. Upon receiving a request for a health impact review from the governor or a member of the legislature during a legislative session, the state board shall deliver the health impact review to the requesting party in no more than ten days. (3) The state board may limit the number of health impact reviews it produces to retain quality while operating within its available resources. (4) A state agency may decline a request to provide assistance if complying with the request would not be feasible while operating within its available resources. (5) Upon delivery of the review to the requesting party, it shall be a public document, and shall be available on the state board’s web site. (6) The review shall be based on the best available empirical information and professional assumptions available to the state board within the time required for completing the review. The review should consider direct impacts on 43.20.285 (2010 Ed.) Chapter 43.20A health disparities as well as changes in the social determinants of health. (7) The state board and the department shall collaborate to obtain any federal or private funding that may become available to implement the state board’s duties under this chapter. If the department receives such funding, the department shall allocate it to the state board and affected agencies to implement its duties under this chapter, and any state general funds that may have been appropriated but are no longer needed by the state board shall lapse to the state general fund. [2006 c 239 § 5.] 43.20.290 Obtaining and allocating federal or private funding. The state board and the department shall collaborate to obtain any federal or private funding that may become available to implement the state board’s duties under this chapter. If the department receives such funding, the department shall allocate it to the state board to implement its duties under this chapter, and any state general funds that may have been appropriated but are no longer needed by the state board shall lapse to the state general fund. [2006 c 239 § 6.] 43.20.290 Chapter 43.20A Chapter 43.20A RCW DEPARTMENT OF SOCIAL AND HEALTH SERVICES Sections 43.20A.005 43.20A.010 43.20A.020 43.20A.025 43.20A.030 43.20A.035 43.20A.037 43.20A.040 43.20A.050 43.20A.060 43.20A.065 43.20A.073 43.20A.075 43.20A.080 43.20A.090 43.20A.105 43.20A.110 43.20A.130 43.20A.160 43.20A.165 43.20A.167 43.20A.168 43.20A.205 43.20A.215 43.20A.240 43.20A.300 43.20A.310 43.20A.320 43.20A.350 43.20A.360 43.20A.365 43.20A.390 Intent—Public involvement and outreach. Purpose. Definitions. "Appropriately trained professional person" defined by rule. Department created—Powers and duties transferred to. Inventory of charitable, educational, penal, and reformatory land. Affordable housing—Inventory of suitable housing. Secretary of social and health services—Appointment— Term—Salary—Temporary appointment if vacancy—As executive head and appointing authority. Secretary of social and health services—Powers and duties generally—Employment of assistants and personnel, limitation. Departmental divisions—Plan establishing and organizing. Review of expenditures for drug and alcohol treatment. Rule making regarding sex offenders. Rule-making authority. Data sharing—Confidentiality—Penalties. Deputy secretary—Department personnel director—Assistant secretaries—Appointment—Duties—Salaries. Social worker V employees—Implementation plan. Secretary’s delegation of powers and duties. Secretary or designee as member of state board of health. Department as state radiation control agency. Federal Safe Drinking Water Act—Department to participate in and administer in conjunction with other departments. Federal Older Americans Act of 1965—Department to participate in and administer. Community programs and projects for the aging. Denial, suspension, revocation, or modification of license. Assessment of civil fine. Veterans’ rehabilitation council under department’s jurisdiction—Secretary’s duties. Department as state agency for receipt of federal funds for vocational rehabilitation—Exception. Vocational rehabilitation, powers and duties of secretary or designee. Consultation with coordinating council for occupational education. Committees and councils—Declaration of purpose. Committees and councils—Appointment—Memberships— Terms—Vacancies—Travel expenses. Drug reimbursement policy recommendations. Per diem or mileage—Limitation. [Title 43 RCW—page 115] Chapter 43.20A Title 43 RCW: State Government—Executive 43.20A.400 Purchase of services from public or nonprofit agencies—Utilization of nonappropriated funds. 43.20A.405 Purchase of services from public or nonprofit agencies—Vendor rates—Establishment. 43.20A.410 Purchase of services from public or nonprofit agencies—Factors to be considered. 43.20A.415 Purchase of services from public or nonprofit agencies— Retention of basic responsibilities by secretary. 43.20A.420 Purchase of services from public or nonprofit agencies—Secretary to provide consultative, technical and development services to suppliers—Review of services. 43.20A.425 Purchase of services from public or nonprofit agencies—Qualifications of vendors. 43.20A.430 Purchase of services from public or nonprofit agencies— Retention of sums to pay departmental costs. 43.20A.433 Mental health and chemical dependency treatment providers and programs—Vendor rate increases. 43.20A.445 State-operated workshops at institutions—Authorized—Standards. 43.20A.550 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be construed to meet federal law—Conflicting parts deemed inoperative. 43.20A.605 Authority to administer oaths and issue subpoenas—Provisions governing subpoenas. 43.20A.607 Authority to appoint a single executive officer for multiple institutions—Exception. 43.20A.610 Employment of deputies, experts, physicians, etc. 43.20A.635 Services for children with disabilities. 43.20A.637 Services to crippled children—Rules and regulations. 43.20A.660 Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator. 43.20A.680 State council on aging established. 43.20A.685 State council on aging—Membership—Terms—Vacancies— Chairperson—Secretary—Compensation of legislative members. 43.20A.690 State council on aging—Meetings—Compensation of nonlegislative members. 43.20A.695 State council on aging—Powers and duties—Bylaws. 43.20A.710 Investigation of conviction records or pending charges of state employees and individual providers. 43.20A.711 Receipt and use of criminal history information. 43.20A.720 Telecommunications devices and services for the hearing and speech impaired—Definitions. 43.20A.725 Telecommunications devices for the hearing and speech impaired—Program for provision of services and equipment—Telecommunications relay service excise tax— Rules. 43.20A.770 Administration of statutes applicable to runaway youth, at-risk youth, and families in conflict—Consistency required. 43.20A.780 Administration of family services and programs. 43.20A.790 Homeless families with children—Shelter and housing services. 43.20A.800 Vision services for the homeless—Coordination. 43.20A.810 Vision services for the homeless—Funding. 43.20A.820 Vision services for the homeless—Use of used eyeglass frames by providers. 43.20A.830 Vision services for the homeless—Provider liability. 43.20A.840 Vision services for the homeless—Third party payers. 43.20A.845 Vision services for the homeless—Program name. 43.20A.850 Group homes—Availability of evaluations and data. 43.20A.860 Requirement to seek federal waivers and state law changes to medical assistance program. 43.20A.870 Children’s services—Annual quality assurance report. 43.20A.880 Training competencies and learning outcomes. 43.20A.890 Problem and pathological gambling treatment program— Rules. 43.20A.892 Problem gambling account. 43.20A.930 Effective date—Severability—1970 ex.s. c 18. Air pollution limitation on other governmental units or persons: RCW 70.94.370. personnel, employment of: RCW 70.94.350. Alcoholism private establishments and institutions: Chapter 71.12 RCW. treatment program, generally: Chapters 70.96, 70.96A, 74.50 RCW. Birth certificates: RCW 70.58.080. Boarding home licensing: Chapter 18.20 RCW. Certificates for out-of-state marriage license requirements: RCW 70.58.380. Child welfare agencies: RCW 74.15.060. [Title 43 RCW—page 116] Children, expectant mothers, persons with developmental disabilities, health protection as to agencies providing for, duties of secretary of health: RCW 74.15.060. City sewerage systems, investigation: RCW 35.88.090. Commission merchants, damaged or unfit products, certificate as to, issued by department: RCW 20.01.450. Control of pet animals infected with diseases communicable to humans, secretary’s duties: Chapter 16.70 RCW. Council for children and families, secretary or designee as member: RCW 43.121.020. County sewerage and water systems, approval by department: RCW 36.94.100. Criminally insane, rights, responsibilities and duties: Chapter 10.77 RCW. Diabetes, policy for inservice training for school staff treating and monitoring affected students: RCW 28A.210.340. Displaced homemaker act, departmental participation: RCW 28B.04.080. Educational programs for residential school residents, departmental duties and authority: RCW 28A.190.020 through 28A.190.060. Family preservation services: Chapter 74.14C RCW. Fees for repository of vaccines and biologics: RCW 70.54.190. Food stamps: RCW 74.04.500. Health, department of, functions transferred to: RCW 43.70.900. Hospital and medical facilities survey and construction generally: Chapter 70.40 RCW. secretary’s duties: RCW 70.40.040. state plan: RCW 70.40.090, 70.40.100. Hospitals for individuals with mental illness, private establishments conferences with management: RCW 71.12.530. examinations generally: RCW 71.12.510, 71.12.520. Independent youth housing program: RCW 43.63A.305. Juvenile justice act of 1977, department and secretary’s duties under: Chapter 13.40 RCW. License examination for compliance with: RCW 71.12.500. examination of premises: RCW 71.12.480. issuance: RCW 71.12.460. Licensing of adult family homes: Chapter 70.128 RCW. Medical assistance: Chapter 74.09 RCW. Mental illness, department’s duties relating to: Chapter 71.05 RCW. Monitoring enrollee level in basic health plan and medicaid caseload of children—Funding levels adjustment: RCW 43.41.260. Mosquito control, duties in regard to: Chapter 70.22 RCW. Nursing homes licensing, duties concerning: Chapter 18.51 RCW. Occupational and environmental research facility advisory committee, membership: RCW 28B.20.456. Occupational forecast—Agency consultation: RCW 50.38.030. Offices maintained at state capital: RCW 43.17.050. Powers and duties, generally: RCW 43.17.030. Public assistance: Chapters 74.08 and 74.09 RCW. Purchase of products and services provided by entities serving or providing opportunities for disadvantaged persons or individuals with disabilities: RCW 43.19.520 through 43.19.530. Residential schools and/or homes for children with disabilities: RCW 28A.155.040. Rules and regulations of department: RCW 43.17.060. Sanitation advice to local authority: RCW 70.54.040. Secretary appointment: RCW 43.17.020. chief assistants: RCW 43.17.040. oath: RCW 43.17.030. vacancy: RCW 43.17.020, 43.17.040. Shellfish sanitation control: Chapter 69.30 RCW. State otologist appointment: RCW 70.50.010. (2010 Ed.) Department of Social and Health Services duties: RCW 70.50.020. Temporary assistance for needy families: Chapter 74.12 RCW. Victims of crimes, reimbursement by convicted person as condition of work release or parole: RCW 7.68.120. Vital statistics: Chapter 70.58 RCW. 43.20A.005 Intent—Public involvement and outreach. It is the intent of the legislature that the department of social and health services and the department of ecology, in consultation with affected constituent groups, continue appropriate public involvement and outreach mechanisms designed to provide cost-effective public input on their programs and policies. [2001 c 291 § 1001.] 43.20A.005 Part headings not law—Effective date—2001 c 291: See notes following RCW 43.20A.360. 43.20A.010 Purpose. The department of social and health services is designed to integrate and coordinate all those activities involving provision of care for individuals who, as a result of their economic, social or health condition, require financial assistance, institutional care, rehabilitation or other social and health services. In order to provide for maximum efficiency of operation consistent with meeting the needs of those served or affected, the department will encompass substantially all of the powers, duties and functions vested by law on June 30, 1970, in the department of public assistance, the department of institutions, the veterans’ rehabilitation council and the division of vocational rehabilitation of the coordinating council on occupational education. The department will concern itself with changing social needs, and will expedite the development and implementation of programs designed to achieve its goals. In furtherance of this policy, it is the legislative intent to set forth only the broad outline of the structure of the department, leaving specific details of its internal organization and management to those charged with its administration. [1989 1st ex.s. c 9 § 211; 1979 c 141 § 60; 1970 ex.s. c 18 § 1.] 43.20A.010 *Reviser’s note: Phrase "Except as otherwise in this amendatory act provided" refers to 1970 ex.s. c 18 § 67, uncodified, which pertained to laws amended in existing education code and as the same were reenacted in the new education code, effective July 1, 1970, not otherwise pertinent hereto. Additional notes found at www.leg.wa.gov 43.20A.020 Definitions. As used in this chapter, unless the context indicates otherwise: (1) "Department" means the department of social and health services. (2) "Secretary" means the secretary of the department of social and health services. (3) "Deputy secretary" means the deputy secretary of the department of social and health services. (4) "Overpayment" means any department payment or department benefit to a recipient or to a vendor in excess of that to which the recipient or vendor is entitled by law, rule, or contract, including amounts in dispute pending resolution. (5) "Vendor" means an entity that provides goods or services to or for clientele of the department and that controls operational decisions. [1987 c 283 § 1; 1979 c 141 § 61; 1970 ex.s. c 18 § 2.] 43.20A.020 Additional notes found at www.leg.wa.gov (2010 Ed.) 43.20A.040 43.20A.025 "Appropriately trained professional person" defined by rule. The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under RCW *71.34.052(3), *71.34.054(1), 70.96A.245(3), and 70.96A.250(1). [1998 c 296 § 34.] 43.20A.025 *Reviser’s note: RCW 71.34.052 and 71.34.054 were recodified as RCW 71.34.600 and 71.34.650, respectively, pursuant to 2005 c 371 § 6. Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025. 43.20A.030 Department created—Powers and duties transferred to. There is hereby created a department of state government to be known as the department of social and health services. All powers, duties and functions vested by law on June 30, 1970, in the department of public assistance, the department of institutions, the veterans’ rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education are transferred to the department. Powers, duties and functions to be transferred shall include, but not be limited to, all those powers, duties and functions involving cooperation with other governmental units, such as cities and counties, or with the federal government, in particular those concerned with participation in federal grants-in-aid programs. [1989 1st ex.s. c 9 § 212; 1979 c 141 § 62; 1970 ex.s. c 18 § 3.] 43.20A.030 Additional notes found at www.leg.wa.gov 43.20A.035 Inventory of charitable, educational, penal, and reformatory land. The department shall conduct an inventory of real properties as provided in *RCW 79.01.006. [1991 c 204 § 2.] 43.20A.035 *Reviser’s note: RCW 79.01.006 was recodified as RCW 79.02.400 pursuant to 2003 c 334 § 554. 43.20A.037 Affordable housing—Inventory of suitable housing. (1) The department shall identify and catalog real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. The department shall provide a copy of the inventory to the *department of community, trade, and economic development by November 1, 1993, and every November 1 thereafter. (2) By November 1 of each year, beginning in 1994, the department shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The department shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land. [1995 c 399 § 65; 1993 c 461 § 8.] 43.20A.037 *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Finding—1993 c 461: See note following RCW 43.63A.510. 43.20A.040 Secretary of social and health services— Appointment—Term—Salary—Temporary appointment if vacancy—As executive head and appointing 43.20A.040 [Title 43 RCW—page 117] 43.20A.050 Title 43 RCW: State Government—Executive authority. The executive head and appointing authority of the department shall be the secretary of social and health services. He or she shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. He or she shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in his or her position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when he or she shall present to that body his or her nomination for the office. [2009 c 549 § 5073; 1970 ex.s. c 18 § 4.] 43.20A.050 Secretary of social and health services— Powers and duties generally—Employment of assistants and personnel, limitation. It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the secretary to institute the flexible, alert and intelligent management of its business that changing contemporary circumstances require. Therefore, whenever the secretary’s authority is not specifically limited by law, he or she shall have complete charge and supervisory powers over the department. The secretary is authorized to create such administrative structures as deemed appropriate, except as otherwise specified by law. The secretary shall have the power to employ such assistants and personnel as may be necessary for the general administration of the department. Except as elsewhere specified, such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 RCW. [1997 c 386 § 41; 1979 c 141 § 63; 1970 ex.s. c 18 § 5.] 43.20A.050 43.20A.060 Departmental divisions—Plan establishing and organizing. The department of social and health services shall be subdivided into divisions, including a division of vocational rehabilitation. Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the secretary and approved by the governor. In preparing such plans, the secretary shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of the departments of public assistance, institutions, the veterans’ rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education. [1989 1st ex.s. c 9 § 213; 1979 c 141 § 64; 1970 ex.s. c 18 § 6.] 43.20A.060 Additional notes found at www.leg.wa.gov 43.20A.065 Review of expenditures for drug and alcohol treatment. The department of social and health services shall annually review and monitor the expenditures made by any county or group of counties which is funded, in whole or in part, with funds provided by chapter 290, Laws of 2002. Counties shall repay any funds that are not spent in accordance with the requirements of chapter 290, Laws of 2002. [2002 c 290 § 6.] 43.20A.065 Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note following RCW 70.96A.350. Intent—2002 c 290: See note following RCW 9.94A.517. [Title 43 RCW—page 118] Severability—2002 c 290: See RCW 9.94A.924. 43.20A.073 Rule making regarding sex offenders. See RCW 72.09.337. 43.20A.073 43.20A.075 Rule-making authority. For rules adopted after July 23, 1995, the secretary may not rely solely on a section of law stating a statute’s intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. [1995 c 403 § 102.] 43.20A.075 Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Additional notes found at www.leg.wa.gov 43.20A.080 Data sharing—Confidentiality—Penalties. (1) The department shall provide the employment security department quarterly with the names and social security numbers of all clients in the WorkFirst program and any successor state welfare program. (2) The information provided by the employment security department under RCW 50.13.060 for statistical analysis and welfare program evaluation purposes may be used only for statistical analysis, research, and evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420. Through individual matches with accessed employment security department confidential employer wage files, only aggregate, statistical, group level data shall be reported. Data sharing by the employment security department may be extended to include the office of financial management and other such governmental entities with oversight responsibility for this program. (3) The department and other agencies of state government shall protect the privacy of confidential personal data supplied under RCW 50.13.060 consistent with federal law, chapter 50.13 RCW, and the terms and conditions of a formal data-sharing agreement between the employment security department and agencies of state government, however the misuse or unauthorized use of confidential data supplied by the employment security department is subject to the penalties in RCW 50.13.080. [1997 c 58 § 1005.] 43.20A.080 Additional notes found at www.leg.wa.gov 43.20A.090 Deputy secretary—Department personnel director—Assistant secretaries—Appointment— Duties—Salaries. The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of *RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure estab43.20A.090 (2010 Ed.) Department of Social and Health Services lished by law for the fixing of salaries for officers exempt from the operation of the state civil service law. [1994 sp.s. c 7 § 515; 1970 ex.s. c 18 § 7.] *Reviser’s note: RCW 41.06.076 expired June 30, 2005. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 43.20A.105 Social worker V employees—Implementation plan. The secretary shall develop a plan for implementation for the social worker V employees. The implementation plan shall be submitted to the governor and the legislature by December 1, 1997. The department shall begin implementation of the plan beginning April 1, 1998. The department shall perform the duties assigned under *sections 3 through 5, chapter 386, Laws of 1997 and **RCW 41.06.076 within existing personnel resources. [1997 c 386 § 5.] 43.20A.105 Reviser’s note: *(1) 1997 c 386 §§ 3 and 4 were vetoed by the governor. 1997 c 386 § 5 was codified as RCW 43.20A.105. **(2) RCW 41.06.076 expired June 30, 2005. 43.20A.110 Secretary’s delegation of powers and duties. The secretary may delegate any power or duty vested in or transferred to him or her by law, or executive order, to his or her deputy secretary or to any other assistant or subordinate; but the secretary shall be responsible for the official acts of the officers and employees of the department. [2009 c 549 § 5074; 1970 ex.s. c 18 § 9.] 43.20A.110 43.20A.130 Secretary or designee as member of state board of health. See RCW 43.20.030. 43.20A.130 43.20A.160 Department as state radiation control agency. See RCW 70.98.050. 43.20A.160 43.20A.165 Federal Safe Drinking Water Act— Department to participate in and administer in conjunction with other departments. See RCW 43.21A.445. 43.20A.165 43.20A.167 Federal Older Americans Act of 1965— Department to participate in and administer. See RCW 74.36.100. 43.20A.167 43.20A.168 Community programs and projects for the aging. See RCW 74.36.110 through 74.36.130. 43.20A.168 43.20A.205 Denial, suspension, revocation, or modification of license. This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt. (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or 43.20A.205 (2010 Ed.) 43.20A.205 modification is effective twenty-eight days after the licensee or the agent receives the notice. (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent. (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent. (c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or an order from court stating that the licensee is in noncompliance with a residential or visitation order under *chapter 26.09 RCW, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee. (3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW or a residential or visitation order under *chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twentyeight days of the license applicant’s or licensee’s receiving the adverse notice, and be served in a manner that shows proof of receipt. (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause. (b) If the department gives a licensee less than twentyeight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause. [1997 c 58 § 841; 1989 c 175 § 95.] *Reviser’s note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Additional notes found at www.leg.wa.gov [Title 43 RCW—page 119] 43.20A.215 Title 43 RCW: State Government—Executive 43.20A.215 43.20A.215 Assessment of civil fine. This section governs the assessment of a civil fine against a person by the department. (1) The department shall written give [written] notice to the person against whom it assesses a civil fine. The notice shall state the reasons for the adverse action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in an other manner that shows proof of receipt. (2) Except as otherwise provided in subsection (4) of this section, the civil fine is due and payable twenty-eight days after receipt. The department may make the date the fine is due later than twenty-eight days after receipt. When the department does so, it shall state the effective date in the written notice given the person against whom it assesses the fine. (3) The person against whom the department assesses a civil fine has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the fine, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the person’s receiving the notice of civil fine, and be served in a manner which shows proof of receipt. (4) If the person files a timely and sufficient appeal, the department shall not implement the action until the final order has been served. The presiding or reviewing officer may permit the department to implement part or all of the action while the proceedings are pending if the appellant causes an unreasonable delay in the proceedings or for other good cause. [1989 c 175 § 96.] 43.20A.320 43.20A.320 Consultation with coordinating council for occupational education. The secretary or his or her designee shall consult with the coordinating council for occupational education in order to maintain close contact with developing programs of vocational education, particularly as such programs may affect programs undertaken in connection with vocational rehabilitation. [2009 c 549 § 5076; 1970 ex.s. c 18 § 43.] 43.20A.350 43.20A.350 Committees and councils—Declaration of purpose. The legislature declares that meaningful citizen involvement with and participation in the planning and programs of the department of social and health services are essential in order that the public may better understand the operations of the department, and the department staff may obtain the views and opinions of concerned and affected citizens. As a result of the creation of the department of social and health services and the resulting restructuring of programs and organization of the department’s components, and as a further result of the legislative mandate to the department to organize and deliver services in a manner responsive to changing needs and conditions, it is necessary to provide for flexibility in the formation and functioning of the various committees and councils which presently advise the department, to restructure the present committees and councils, and to provide for new advisory committees and councils, so that all such committees and councils will more appropriately relate to the changing programs and services of the department. [1971 ex.s. c 189 § 1.] 43.20A.360 Additional notes found at www.leg.wa.gov 43.20A.240 43.20A.240 Veterans’ rehabilitation council under department’s jurisdiction—Secretary’s duties. See chapter 43.61 RCW. 43.20A.300 43.20A.300 Department as state agency for receipt of federal funds for vocational rehabilitation—Exception. Except as provided in RCW 74.18.060, the department of social and health services shall serve as the sole agency of the state for the receipt of federal funds made available by acts of congress for vocational rehabilitation within this state. [1983 c 194 § 28; 1977 ex.s. c 40 § 15; 1970 ex.s. c 18 § 40.] Additional notes found at www.leg.wa.gov 43.20A.310 43.20A.310 Vocational rehabilitation, powers and duties of secretary or designee. In addition to his or her other powers and duties, the secretary or his or her designee, shall have the following powers and duties: (1) To prepare, adopt and certify the state plan for vocational rehabilitation; (2) With respect to vocational rehabilitation, to adopt necessary rules and regulations and do such other acts not forbidden by law necessary to carry out the duties imposed by state law and the federal acts; (3) To carry out the aims and purposes of the acts of congress pertaining to vocational rehabilitation. [2009 c 549 § 5075; 1979 c 141 § 65; 1970 ex.s. c 18 § 42.] [Title 43 RCW—page 120] 43.20A.360 Committees and councils—Appointment—Memberships—Terms—Vacancies—Travel expenses. (1) The secretary is hereby authorized to appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department. The secretary may appoint statewide committees or councils in the following subject areas: (a) Health facilities; (b) children and youth services; (c) blind services; (d) medical and health care; (e) drug abuse and alcoholism; (f) social services; (g) economic services; (h) vocational services; (i) rehabilitative services; and on such other subject matters as are or come within the department’s responsibilities. The statewide councils shall have representation from both major political parties and shall have substantial consumer representation. Such committees or councils shall be constituted as required by federal law or as the secretary in his or her discretion may determine. The members of the committees or councils shall hold office for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. No member shall serve more than two consecutive terms. (2) Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [2001 c 291 § 101. Prior: 1989 1st ex.s. c 9 § 214; 1989 c 11 § 14; 1984 c 259 § 1; 1981 c 151 § 6; 1977 c 75 § 45; 1975-’76 2nd ex.s. c 34 § 98; 1971 ex.s. c 189 § 2.] Part headings not law—2001 c 291: "Part headings used in this act are not any part of the law." [2001 c 291 § 1002.] (2010 Ed.) Department of Social and Health Services Effective date—2001 c 291: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [2001 c 291 § 1003.] Additional notes found at www.leg.wa.gov 43.20A.365 43.20A.365 Drug reimbursement policy recommendations. A committee or council required by federal law, within the department of social and health services, that makes policy recommendations regarding reimbursement for drugs under the requirements of federal law or regulations is subject to chapters 42.30 and 42.32 RCW. [1997 c 430 § 2.] 43.20A.390 43.20A.390 Per diem or mileage—Limitation. Notwithstanding any other provision of chapter 189, Laws of 1971 ex. sess., no person shall receive as compensation or reimbursement for per diem or mileage authorized in chapter 189, Laws of 1971 ex. sess. any amount that would exceed the per diem or mileage provided in RCW 43.03.050 and 43.03.060. [1971 ex.s. c 189 § 16.] 43.20A.400 43.20A.400 Purchase of services from public or nonprofit agencies—Utilization of nonappropriated funds. Notwithstanding any other provisions of law, the secretary of the department of social and health services is authorized to utilize nonappropriated funds made available to the department, in order to compliment the social and health services programs of the department by purchase of services from public or nonprofit agencies. The purpose of this authorization is to augment the services presently offered and to achieve pooling of public and nonprofit resources. [1971 ex.s. c 309 § 1.] 43.20A.405 43.20A.405 Purchase of services from public or nonprofit agencies—Vendor rates—Establishment. After obtaining the review and advice of the governor’s advisory committee on vendor rates, the secretary shall establish rates of payment for services which are to be purchased: PROVIDED, That the secretary shall afford all interested persons reasonable opportunity to submit data, views, or arguments, and shall consider fully all submissions respecting the proposed rates. Prior to the establishment of such rates, the secretary shall give at least twenty days notice of such intended action by mail to such persons or agencies as have made timely request of the secretary for advance notice of establishment of such vendor rates. Such rates shall not exceed the amounts reasonable and necessary to assure quality services and shall not exceed the costs reasonably assignable to such services pursuant to cost finding and monitoring procedures to be established by the secretary. Information to support such rates of payment shall be maintained in a form accessible to the public. [1971 ex.s. c 309 § 2.] 43.20A.410 43.20A.410 Purchase of services from public or nonprofit agencies—Factors to be considered. In determining whether services should be purchased from other public or nonprofit agencies, the secretary shall consider: (1) Whether the particular service or services is available or might be developed. (2010 Ed.) 43.20A.430 (2) The probability that program and workload performance standards will be met, by means of the services purchased. (3) The availability of reasonably adequate cost finding and performance evaluation criteria. Nothing in RCW 43.20A.400 through 43.20A.430 is to be construed to authorize reduction in state employment in service component areas presently rendering such services. [1971 ex.s. c 309 § 3.] 43.20A.415 Purchase of services from public or nonprofit agencies—Retention of basic responsibilities by secretary. When, pursuant to RCW 43.20A.400 through 43.20A.430, the secretary elects to purchase a service or services, he or she shall retain continuing basic responsibility for: (1) Determining the eligibility of individuals for services; (2) The selection, quality, effectiveness, and execution of a plan or program of services suited to the need of an individual or of a group of individuals; and (3) Measuring the cost effectiveness of purchase of services. [2009 c 549 § 5077; 1971 ex.s. c 309 § 4.] 43.20A.415 43.20A.420 Purchase of services from public or nonprofit agencies—Secretary to provide consultative, technical and development services to suppliers—Review of services. The secretary shall work with the suppliers of purchased services by: (1) Providing consultation and technical assistance; (2) Monitoring and periodically reviewing services in order to assure satisfactory performance including adherence to state prescribed workload and quality standards; and (3) Developing new and more effective and efficient approaches to and methods of delivering services. [1971 ex.s. c 309 § 5.] 43.20A.420 43.20A.425 Purchase of services from public or nonprofit agencies—Qualifications of vendors. The secretary shall assure that sources from which services are purchased are: (1) Licensed, or (2) meet applicable accrediting standards, or (3) in the absence of licensing or accrediting standards, meet standards or criteria established by the secretary to assure quality of service: PROVIDED, That this section shall not be deemed to dispense with any licensing or accrediting requirement imposed by any other provision of law, by any county or municipal ordinance, or by rule or regulation of any public agency. [1971 ex.s. c 309 § 6.] 43.20A.425 43.20A.430 Purchase of services from public or nonprofit agencies—Retention of sums to pay departmental costs. The secretary shall, if not otherwise prohibited by law, pursuant to agreement between the department and the agency in each contract, retain from such nonappropriated funds sufficient sums to pay for the department’s administrative costs, monitoring and evaluating delivery of services, and such other costs as may be necessary to administer the department’s responsibilities under RCW 43.20A.400 through 43.20A.430. [1971 ex.s. c 309 § 7.] 43.20A.430 [Title 43 RCW—page 121] 43.20A.433 Title 43 RCW: State Government—Executive 43.20A.433 Mental health and chemical dependency treatment providers and programs—Vendor rate increases. Beginning July 1, 2007, the secretary shall require, in the contracts the department negotiates pursuant to chapters 71.24 and 70.96A RCW, that any vendor rate increases provided for mental health and chemical dependency treatment providers or programs who are parties to the contract or subcontractors of any party to the contract shall be prioritized to those providers and programs that maximize the use of evidence-based and research-based practices, as those terms are defined in *section 603 of this act, unless otherwise designated by the legislature. [2005 c 504 § 802.] 43.20A.433 *Reviser’s note: Section 603 of this act was vetoed by the governor. Findings—Intent—Severability—Application—Construction— Captions, part headings, subheadings not law—Adoption of rules— Effective dates—2005 c 504: See notes following RCW 71.05.027. Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020. 43.20A.445 State-operated workshops at institutions—Authorized—Standards. The department may establish and operate workshops for the training, habilitation, and rehabilitation of residents of institutions of the department. Products, goods, wares, articles, or merchandise manufactured or produced by the workshops may be sold to governmental agencies or on the open market at fair value. Prior to establishment of new state-operated workshops at institutions, the department shall consider the availability, appropriateness, and relative cost of contracting with and giving first preference to private nonprofit sheltered workshops, as defined in RCW 82.04.385, to provide workshop activities for residents of the institution. The secretary shall credit the moneys derived from the sale of items from workshops under this section to a revolving fund under the control of the superintendent of the institution or facility where the items were manufactured. These moneys shall be expended for the purchase of supplies and materials for use in the workshop, to provide pay and training incentives for residents, and for other costs of the operation of the workshop. Payment of residents for work performed on workshop projects shall take into account resident productivity in comparison to the productivity of a nondisabled person earning the minimum wage as well as other factors consistent with goals of rehabilitation and treatment. Institutional work training programs shall be operated in accordance with standards required by the department for private vendors for the same or similar service. Workshop materials and supplies may be purchased through state purchasing or from private vendors. Each institution or facility shall maintain records to demonstrate that purchases are made at the fair market value or best available price. [1983 1st ex.s. c 41 § 20.] 43.20A.445 Additional notes found at www.leg.wa.gov 43.20A.550 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be construed to meet federal law— Conflicting parts deemed inoperative. In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules and regulations as may become neces43.20A.550 [Title 43 RCW—page 122] sary to entitle the state to participate in federal funds may be adopted, unless the same be expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, such conflicting part of chapter 18, Laws of 1970 ex. sess. is declared to be inoperative solely to the extent of the conflict. [1979 c 141 § 66; 1970 ex.s. c 18 § 66.] 43.20A.605 43.20A.605 Authority to administer oaths and issue subpoenas—Provisions governing subpoenas. (1) The secretary shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before him or her together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. (2) Subpoenas issued in adjudicative proceedings are governed by RCW 34.05.588(1). (3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by RCW 34.05.588(2). [2009 c 549 § 5078; 1989 c 175 § 97; 1983 1st ex.s. c 41 § 21; 1979 c 141 § 47; 1967 ex.s. c 102 § 2. Formerly RCW 43.20.015.] Additional notes found at www.leg.wa.gov 43.20A.607 43.20A.607 Authority to appoint a single executive officer for multiple institutions—Exception. The secretary may appoint one individual to serve as chief executive officer, administrator, or superintendent for more than one facility or institution of the department where one or both facilities or institutions are required by law to have a chief executive officer, administrator, or superintendent. This section, however, shall not apply to RCW 72.40.020. [1983 1st ex.s. c 41 § 25.] Chief executive officers—Appointment: RCW 72.01.060. Additional notes found at www.leg.wa.gov 43.20A.610 43.20A.610 Employment of deputies, experts, physicians, etc. The secretary may appoint and employ such deputies, scientific experts, physicians, nurses, sanitary engineers, and other personnel including consultants, and such clerical and other assistants as may be necessary to carry on the work of the department of social and health services. [1979 c 141 § 48; 1967 ex.s. c 102 § 8; 1965 c 8 § 43.20.040. Prior: 1961 ex.s. c 5 § 1; 1921 c 7 § 57; RRS § 10815. Formerly RCW 43.20.040.] Additional notes found at www.leg.wa.gov (2010 Ed.) Department of Social and Health Services 43.20A.635 Services for children with disabilities. It shall be the duty of the secretary of social and health services and he or she shall have the power to establish and administer a program of services for children who are crippled or who are suffering from physical conditions which lead to crippling, which shall provide for developing, extending, and improving services for locating such children, and for providing for medical, surgical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and after care; to supervise the administration of those services, included in the program, which are not administered directly by it; to extend and improve any such services, including those in existence on April 1, 1941; to cooperate with medical, health, nursing, and welfare groups and organizations, and with any agency of the state charged with the administration of laws providing for vocational rehabilitation of physically handicapped children; to cooperate with the federal government, through its appropriate agency or instrumentality in developing, extending, and improving such services; and to receive and expend all funds made available to the department by the federal government, the state or its political subdivisions or from other sources, for such purposes. [2009 c 549 § 5079; 1979 c 141 § 52; 1965 c 8 § 43.20.130. Prior: 1941 c 129 § 1; Rem. Supp. 1941 § 9992-107a; prior: 1937 c 114 § 7. Formerly RCW 74.12.210; 43.20.130.] 43.20A.635 Center for research and training in intellectual and developmental disabilities, assistant secretaries as members of advisory committee: RCW 28B.20.412. Children with disabilities, copy of commitment order transmitted to department: RCW 26.40.060. 43.20A.637 Services to crippled children—Rules and regulations. See RCW 43.20.140. 43.20A.637 43.20A.660 Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator. (1) It shall be the duty of each assistant attorney general, prosecuting attorney, or city attorney to whom the secretary reports any violation of chapter 43.20A RCW, or regulations promulgated thereunder, to cause appropriate proceedings to be instituted in the proper courts, without delay, and to be duly prosecuted as prescribed by law. (2) Before any violation of chapter 43.20A RCW is reported by the secretary to the prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her views to the secretary, either orally or in writing, with regard to such contemplated proceeding. [2009 c 549 § 5080; 1989 1st ex.s. c 9 § 215; 1979 c 141 § 57; 1967 ex.s. c 102 § 7. Formerly RCW 43.20.190.] 43.20A.660 Additional notes found at www.leg.wa.gov 43.20A.680 State council on aging established. The state council on aging is hereby established as an advisory council to the governor, the secretary of social and health services, and the office of aging or any other office solely designated as the state unit on aging. The state council on aging may be designated by the governor to serve as the state advisory council to the state unit on aging with respect to feder43.20A.680 (2010 Ed.) 43.20A.690 ally funded programs as required by federal regulation. The director of the state unit on aging shall provide appropriate staff support. [1981 c 151 § 1.] Additional notes found at www.leg.wa.gov 43.20A.685 State council on aging—Membership— Terms—Vacancies—Chairperson—Secretary—Compensation of legislative members. (1) The initial members of the council shall be appointed by the governor to staggered terms such that approximately one-third of the members serve terms of one year, one-third serve terms of two years, and one-third serve terms of three years. Thereafter, members of the council shall be appointed by the governor to terms of three years, except in the case of a vacancy, in which event appointment shall be for the remainder of the unexpired term for which the vacancy occurs. No member of the council may serve more than two consecutive three-year terms. One member shall be appointed from each state-designated planning and service area from a list of names transmitted by each area agency on aging advisory council, such list including the names of all persons nominated within the planning and service area together with the area agency on aging advisory council’s recommendations. The governor shall appoint one additional member from names submitted by the association of Washington cities and one additional member from names submitted by the Washington state association of counties. In addition, the governor may appoint not more than five at large members, in order to ensure that rural areas (those areas outside of a standard metropolitan statistical area), minority populations, and those individuals with special skills which could assist the state council are represented. The members of the state council on aging shall elect, at the council’s initial meeting and at the council’s first meeting each year, one member to serve as chairperson of the council and another member to serve as secretary of the council. (2) The speaker of the house of representatives and the president of the senate shall each appoint two nonvoting members to the council; one from each of the two largest caucuses in each house. The terms of the members so appointed shall be for approximately two years and the terms shall expire before the first day of the legislative session in oddnumbered years. They shall be compensated by their respective houses as provided under RCW 44.04.120, as now or hereafter amended. (3) With the exception of the members from the Washington state association of cities, the Washington state association of counties, and the nonvoting legislative members, all members of the council shall be at least fifty-five years old. [1981 c 151 § 2.] 43.20A.685 Additional notes found at www.leg.wa.gov 43.20A.690 State council on aging—Meetings— Compensation of nonlegislative members. The state council on aging shall meet monthly unless determined otherwise by a majority vote of the members, which vote shall be taken at a regular meeting of the council. Nonlegislative members shall serve without compensation but shall be reimbursed for travel expenses and per diem in the performance of their duties as provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [1981 c 151 § 3.] 43.20A.690 [Title 43 RCW—page 123] 43.20A.695 Title 43 RCW: State Government—Executive Additional notes found at www.leg.wa.gov 43.20A.695 State council on aging—Powers and duties—Bylaws. (1) The state council on aging has the following powers and duties: (a) To serve in an advisory capacity to the governor, the secretary of social and health services, and the state unit on aging on all matters pertaining to policies, programs, and services affecting older persons; (b) To create public awareness of the special needs and potentialities of older persons; and (c) To provide for self-advocacy by older citizens of the state through sponsorship of training, legislative and other conferences, workshops, and such other methods as may be deemed appropriate. (2) The council shall establish bylaws to aid in the performance of its powers and duties. [1981 c 151 § 4.] 43.20A.695 Additional notes found at www.leg.wa.gov 43.20A.710 Investigation of conviction records or pending charges of state employees and individual providers. (1) The secretary shall investigate the conviction records, pending charges and disciplinary board final decisions of: (a) Any current employee or applicant seeking or being considered for any position with the department who will or may have unsupervised access to children, vulnerable adults, or individuals with mental illness or developmental disabilities. This includes, but is not limited to, positions conducting comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards; (b) Individual providers who are paid by the state and providers who are paid by home care agencies to provide inhome services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW; and (c) Individuals or businesses or organizations for the care, supervision, case management, or treatment of children, persons with developmental disabilities, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW. (2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants. (3) Except as provided in subsection (4) of this section, an individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records through both the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options pro43.20A.710 [Title 43 RCW—page 124] gram entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede *RCW 74.15.030(2)(b). (4) Long-term care workers, as defined in RCW 74.39A.009, who are hired after January 1, 2012, are subject to background checks under RCW 74.39A.055, except that the department may require a background check at any time under RCW 43.43.837. For the purposes of this subsection, "background check" includes, but is not limited to, a fingerprint check submitted for the purpose of investigating conviction records through both the Washington state patrol and the federal bureau of investigation. (5) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. (6) The secretary shall provide the results of the state background check on long-term care workers, including individual providers, to the persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider. (7) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose. [2009 c 580 § 5; 2001 c 296 § 5; 2000 c 87 § 2; 1999 c 336 § 7; 1997 c 392 § 525; 1993 c 210 § 1; 1989 c 334 § 13; 1986 c 269 § 1.] *Reviser’s note: RCW 74.15.030(2)(b) was amended by 2007 c 387 § 5, changing the scope of the subsection. Intent—2001 c 296: See note following RCW 9.96A.060. Finding—Intent—1999 c 336: See note following RCW 74.39.007. Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. Children or vulnerable adults: RCW 43.43.830 through 43.43.842. Employees with unsupervised access to children—Rules for background investigation: RCW 41.06.475. State hospitals: RCW 72.23.035. Additional notes found at www.leg.wa.gov 43.20A.711 Receipt and use of criminal history information. The secretary is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with an investigation under chapter 74.04 RCW. Dissemination or use of nonconviction data for 43.20A.711 (2010 Ed.) Department of Social and Health Services purposes other than that authorized in this section is prohibited. [2008 c 74 § 4.] Finding—2008 c 74: See note following RCW 51.04.024. 43.20A.720 Telecommunications devices and services for the hearing and speech impaired—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 43.20A.725. (1) "Hearing impaired" means those persons who are certified to be deaf, deaf-blind, or hard of hearing, and those persons who are certified to have a hearing disability limiting their access to telecommunications. (2) "Speech impaired" means persons who are certified to be unable to speak or who are certified to have a speech impairment limiting their access to telecommunications. (3) "Department" means the department of social and health services. (4) "Office" means the office of deaf and hard of hearing within the state department of social and health services. [2001 c 210 § 1; 1992 c 144 § 2; 1990 c 89 § 2; 1987 c 304 § 2.] 43.20A.720 Legislative findings—1992 c 144: "The legislature finds that the state of Washington has shown national leadership in providing telecommunications access for the hearing impaired and speech impaired communities. The legislature further finds that the federal Americans with Disabilities Act requires states to further enhance telecommunications access for disabled persons and that the state should be positioned to allow this service to be delivered with fairness, flexibility, and efficiency." [1992 c 144 § 1.] Legislative finding—1990 c 89: "The legislature finds that provision of telecommunications devices and relay capability for hearing impaired persons is an effective and needed service which should be continued. The legislature further finds that the same devices and relay capability can serve and should be extended to serve speech impaired persons." [1990 c 89 § 1.] Legislative findings—1987 c 304: "The legislature finds that it is more difficult for hearing impaired people to have access to the telecommunications system than hearing persons. It is imperative that hearing impaired people be able to reach government offices and health, human, and emergency services with the same ease as other taxpayers. Regulations to provide telecommunications devices for the deaf with a relay system will help ensure that the hearing impaired community has equal access to the public accommodations and telecommunications system in the state of Washington in accordance with chapter 49.60 RCW." [1987 c 304 § 1.] Additional notes found at www.leg.wa.gov 43.20A.725 Telecommunications devices for the hearing and speech impaired—Program for provision of services and equipment—Telecommunications relay service excise tax—Rules. (1) The department, through the sole authority of the office or its successor organization, shall maintain a program whereby an individual of school age or older who possesses a hearing or speech impairment is provided with telecommunications equipment, software, and/or peripheral devices, digital or otherwise, that is determined by the office to be necessary for such a person to access and use telecommunications transmission services effectively. (2) The department, through the sole authority of the office or its successor organization, shall maintain a program where telecommunications relay services of a human or electronic nature will be provided to connect hearing impaired, deaf-blind, or speech impaired persons with persons who do not have a hearing or speech impairment. Such telecommunications relay services shall provide the ability for an individual who has a hearing or speech impairment to engage in 43.20A.725 (2010 Ed.) 43.20A.725 voice, tactile, or visual communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech impairment to communicate using voice or visual communication services by wire or radio subject to subsection (4)(b) of this section. (3) The telecommunications relay service and equipment distribution program may operate in such a manner as to provide communications transmission opportunities that are capable of incorporating new technologies that have demonstrated benefits consistent with the intent of this chapter and are in the best interests of the citizens of this state. (4) The office shall administer and control the award of money to all parties incurring costs in implementing and maintaining telecommunications services, programs, equipment, and technical support services according to this section. The relay service contract shall be awarded to an individual company registered as a telecommunications company by the utilities and transportation commission, to a group of registered telecommunications companies, or to any other company or organization determined by the office as qualified to provide relay services, contingent upon that company or organization being approved as a registered telecommunications company prior to final contract approval. The relay system providers and telecommunications equipment vendors shall be selected on the basis of cost-effectiveness and utility to the greatest extent possible under the program and technical specifications established by the office. (a) To the extent funds are available under the then-current rate and not otherwise held in reserve or required for other purposes authorized by this chapter, the office may award contracts for communications and related services and equipment for hearing impaired or speech impaired individuals accessing or receiving services provided by, or contracted for, the department to meet access obligations under Title 2 of the federal Americans with disabilities act or related federal regulations. (b) The office shall perform its duties under this section with the goal of achieving functional equivalency of access to and use of telecommunications services similar to the enjoyment of access to and use of such services experienced by an individual who does not have a hearing or speech impairment only to the extent that funds are available under the then-current rate and not otherwise held in reserve or required for other purposes authorized by this chapter. (5) The program shall be funded by a telecommunications relay service (TRS) excise tax applied to each switched access line provided by the local exchange companies. The office shall determine, in consultation with the office’s program advisory committee, the budget needed to fund the program on an annual basis, including both operational costs and a reasonable amount for capital improvements such as equipment upgrade and replacement. The budget proposed by the office, together with documentation and supporting materials, shall be submitted to the office of financial management for review and approval. The approved budget shall be given by the department in an annual budget to the department of revenue no later than March 1st prior to the beginning of the fiscal year. The department of revenue shall then determine the amount of telecommunications relay service excise tax to be placed on each switched access line and shall inform local [Title 43 RCW—page 125] 43.20A.770 Title 43 RCW: State Government—Executive exchange companies and the utilities and transportation commission of this amount no later than May 1st. The department of revenue shall determine the amount of telecommunications relay service excise tax to be collected in the following fiscal year by dividing the total of the program budget, as submitted by the office, by the total number of switched access lines in the prior calendar year, as reported to the department of revenue under chapter 82.14B RCW, and shall not exercise any further oversight of the program under this subsection other than administering the collection of the telecommunications relay service excise tax as provided in RCW 82.72.010 through 82.72.090. The telecommunications relay service excise tax shall not exceed nineteen cents per month per access line. The telecommunications relay service excise tax shall be separately identified on each ratepayer’s bill with the following statement: "Funds federal ADA requirement." All proceeds from the telecommunications relay service excise tax shall be put into a fund to be administered by the office through the department. During the 2009-2011 fiscal biennium, the funds may also be used to provide individualized employment services and employment-related counseling to people with disabilities, and technical assistance to employers about the employment of people with disabilities. "Switched access line" has the meaning provided in RCW 82.14B.020. (6) The telecommunications relay service program and equipment vendors shall provide services and equipment consistent with the requirements of federal law for the operation of both interstate and intrastate telecommunications services for the hearing impaired or speech impaired. The department and the utilities and transportation commission shall be responsible for ensuring compliance with federal requirements and shall provide timely notice to the legislature of any legislation that may be required to accomplish compliance. (7) The department shall adopt rules establishing eligibility criteria, ownership obligations, financial contributions, and a program for distribution to individuals requesting and receiving such telecommunications devices distributed by the office, and other rules necessary to administer programs and services consistent with this chapter. [2010 1st sp.s. c 37 § 921; 2004 c 254 § 1; 2001 c 210 § 2; 1998 c 245 § 59; 1993 c 425 § 1; 1992 c 144 § 3; 1990 c 89 § 3; 1987 c 304 § 3.] Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050. Responsibility for collection of tax—2004 c 254: "(1) The department of revenue is responsible for the administration and collection of telephone program excise taxes as provided in this act only with regard to telephone program excise taxes that are imposed on switched access lines for any time period occurring on or after July 1, 2004. (2) The department of social and health services is responsible for the administration and collection of telephone program excise taxes as provided in this act only with regard to telephone program excise taxes that are imposed on switched access lines for the current year and the four preceding years which occurred prior to July 1, 2004." [2004 c 254 § 13.] Implementation—2004 c 254: "The secretary of the department of social and health services and the director of the department of revenue may take the necessary steps to ensure that this act is implemented on its effective date." [2004 c 254 § 15.] Effective date—2004 c 254: See note following RCW 82.72.010. Legislative findings—Severability—1992 c 144: See notes following RCW 43.20A.720. Legislative finding—1990 c 89: See note following RCW 43.20A.720. [Title 43 RCW—page 126] Additional notes found at www.leg.wa.gov 43.20A.770 Administration of statutes applicable to runaway youth, at-risk youth, and families in conflict— Consistency required. The department shall ensure that the administration of chapter 13.32A RCW and applicable portions of chapter 74.13 RCW relating to runaway youth, atrisk youth, and families in conflict is consistent in all areas of the state and in accordance with statutory requirements. [1991 c 364 § 6.] 43.20A.770 Additional notes found at www.leg.wa.gov 43.20A.780 Administration of family services and programs. The secretary shall administer family services and programs to promote the state’s policy as provided in RCW 74.14A.025. [1992 c 198 § 9.] 43.20A.780 Additional notes found at www.leg.wa.gov 43.20A.790 Homeless families with children—Shelter and housing services. (1) The department shall collaborate with the *department of community, trade, and economic development in the development of the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650, which designates the *department of community, trade, and economic development as the state agency with primary responsibility for providing shelter and housing services to homeless families with children. In fulfilling its responsibilities to collaborate with the *department of community, trade, and economic development pursuant to RCW 43.63A.650, the department shall develop, administer, supervise, and monitor its portion of the plan. The department’s portion of the plan shall contain at least the following elements: (a) Coordination or linkage of services with shelter and housing; (b) Accommodation and addressing the needs of homeless families in the design and administration of department programs; (c) Participation of the department’s local offices in the identification, assistance, and referral of homeless families; and (d) Ongoing monitoring of the efficiency and effectiveness of the plan’s design and implementation. (2) The department shall include community organizations involved in the delivery of services to homeless families with children, and experts in the development and ongoing evaluation of the plan. (3) The duties under this section shall be implemented within amounts appropriated for that specific purpose by the legislature in the operating and capital budgets. [1999 c 267 § 2.] 43.20A.790 *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—Intent—1999 c 267: "The legislature finds that homelessness for families with children is a serious, widespread problem that has a devastating effect on children, including significant adverse effects upon their growth and development. Planning for and serving the shelter and housing needs of homeless families with children has been and continues to be a responsibility of the *department of community, trade, and economic development. The legislature further finds that the department of social and health services also plays an important role in addressing the service needs of homeless families with children. In order to adequately and effectively (2010 Ed.) Department of Social and Health Services address the complex issues confronting homeless families with children, planning for, implementing, and evaluating such services must be a collaborative effort between the *department of community, trade, and economic development and the department of social and health services, other local, state, and federal agencies, and community organizations. It is the intent of the legislature that the *department of community, trade, and economic development and the department of social and health services jointly present the plan to the appropriate committees of the legislature as required in section 3 of this act. It is the intent of the legislature that children should not be placed or retained in the foster care system if family homelessness is the primary reason for placement or the continuation of their placement. It is the further intent of the legislature that services to homeless families with children shall be provided within funds appropriated for that specific purpose by the legislature in the operating and capital budgets. Nothing in this act is intended to prevent the court’s review of the plan developed by the department of social and health services and the *department of community, trade, and economic development under Washington State Coalition for the Homeless v. Department of Social and Health Services, King County Superior Court No. 91-2-15889-4. However, it is the intent of the legislature that the court’s review in that proceeding be confined solely to review of the plan submitted under the order of February 4, 1998. Nothing in sections 1 through 10 of this act is intended to grant the court in this proceeding continuing review over the department of social and health services after July 25, 1999." [1999 c 267 § 1.] *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Additional notes found at www.leg.wa.gov 43.20A.800 Vision services for the homeless—Coordination. The secretary of the department of social and health services shall coordinate the efforts of nonprofit agencies working with the homeless, the Washington academy of eye physicians and surgeons, the Washington optometric association, and the opticians association of Washington to deliver vision services to the homeless free of charge. The secretary shall enter into agreements identifying cooperating agencies and the circumstances under which specified services will be delivered. [1993 c 96 § 2.] 43.20A.800 Findings—1993 c 96: "The legislature finds that many homeless people in the state of Washington have impaired eyesight that reduces their chances of obtaining employment or training for employment. The legislature finds that it is in the public interest to facilitate ophthalmologists, optometrists, and opticians in providing free vision services to homeless people of the state." [1993 c 96 § 1.] 43.20A.810 Vision services for the homeless—Funding. To the extent consistent with the department’s budget, the secretary shall pay for the eyeglasses hardware prescribed and dispensed pursuant to the program set up in RCW 43.20A.800 through 43.20A.840. The secretary shall also attempt to obtain private sector funding for this program. [1993 c 96 § 3.] 43.20A.810 Findings—1993 c 96: See note following RCW 43.20A.800. 43.20A.820 Vision services for the homeless—Use of used eyeglass frames by providers. Ophthalmologists, optometrists, and dispensing opticians may utilize used eyeglass frames obtained through donations to this program. [1993 c 96 § 4.] 43.20A.820 Findings—1993 c 96: See note following RCW 43.20A.800. 43.20A.870 (2) Eyeglasses, or any part thereof, including used frames, at or below retail cost to homeless people in the state of Washington and who is not reimbursed for such services or eyeglasses as allowed for in RCW 43.20A.840, is not liable for civil damages for injury to a homeless person resulting from any act or omission in providing such services or eyeglasses, other than an act or omission constituting gross negligence or intentional conduct. [1993 c 96 § 5.] Findings—1993 c 96: See note following RCW 43.20A.800. 43.20A.840 Vision services for the homeless—Third party payers. Nothing in RCW 43.20A.800 through 43.20A.840 shall prevent ophthalmologists, optometrists, or dispensing opticians from collecting for either their goods or services, or both from third-party payers covering the goods or services for homeless persons. [1993 c 96 § 6.] 43.20A.840 Findings—1993 c 96: See note following RCW 43.20A.800. 43.20A.845 Vision services for the homeless—Program name. The program created in RCW 43.20A.800 through 43.20A.840 shall be known as the eye care for the homeless program in Washington. [1993 c 96 § 7.] 43.20A.845 Findings—1993 c 96: See note following RCW 43.20A.800. 43.20A.850 Group homes—Availability of evaluations and data. The secretary of social and health services shall make all of the department’s evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials. [1994 sp.s. c 7 § 322.] 43.20A.850 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 43.20A.860 Requirement to seek federal waivers and state law changes to medical assistance program. The department of social and health services, in consultation with the health care authority, the office of financial management, and other appropriate state agencies, shall seek necessary federal waivers and state law changes to the medical assistance program of the department to achieve greater coordination in financing, purchasing, and delivering health services to lowincome residents of Washington state in a cost-effective manner, and to expand access to care for these low-income residents. Such waivers shall include any waiver needed to require that point-of-service cost-sharing, based on recipient household income, be applied to medical assistance recipients. In negotiating the waiver, consideration shall be given to the degree to which benefits in addition to the minimum list of services should be offered to medical assistance recipients. [1995 c 265 § 26.] 43.20A.860 Additional notes found at www.leg.wa.gov 43.20A.870 Children’s services—Annual quality assurance report. The department shall prepare an annual quality assurance report that shall include but is not limited to: (1) Performance outcomes regarding health and safety of children in the children’s services system; (2) children’s 43.20A.870 43.20A.830 Vision services for the homeless—Provider liability. An ophthalmologist, optometrist, or dispensing optician who provides: (1) Free vision services; or 43.20A.830 (2010 Ed.) [Title 43 RCW—page 127] 43.20A.880 Title 43 RCW: State Government—Executive length of stay in out-of-home placement from each date of referral; (3) adherence to permanency planning timelines; and (4) the response time on child protective services investigations differentiated by risk level determined at intake. [1999 c 372 § 7; 1997 c 386 § 47.] 43.20A.880 Training competencies and learning outcomes. The department shall publish its final basic and specialty training competencies and learning outcomes as required by chapter 121, Laws of 2000 no later than June 1, 2002. [2002 c 233 § 2.] 43.20A.880 Effective date—2002 c 233: See note following RCW 18.20.270. 43.20A.890 Problem and pathological gambling treatment program—Rules. (1) A program for (a) the prevention and treatment of problem and pathological gambling; and (b) the training of professionals in the identification and treatment of problem and pathological gambling is established within the department of social and health services, to be administered by a qualified person who has training and experience in problem gambling or the organization and administration of treatment services for persons suffering from problem gambling. The department may certify and contract with treatment facilities for any services provided under the program. The department shall track program participation and client outcomes. (2) To receive treatment under subsection (1) of this section, a person must: (a) Need treatment for problem or pathological gambling, or because of the problem or pathological gambling of a family member, but be unable to afford treatment; and (b) Be targeted by the department of social and health services as being most amenable to treatment. (3) Treatment under this section is available only to the extent of the funds appropriated or otherwise made available to the department of social and health services for this purpose. The department may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, any tribal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies or any tribal government in making an application for any grant. (4) The department may adopt rules establishing standards for the review and certification of treatment facilities under this program. (5) The department of social and health services shall establish an advisory committee to assist it in designing, managing, and evaluating the effectiveness of the program established in this section. The advisory committee shall give due consideration in the design and management of the program that persons who hold licenses or contracts issued by the gambling commission, horse racing commission, and lottery commission are not excluded from, or discouraged from, applying to participate in the program. The committee shall include, at a minimum, persons knowledgeable in the field of problem and pathological gambling and persons representing tribal gambling, privately owned nontribal gambling, and the state lottery. 43.20A.890 [Title 43 RCW—page 128] (6) For purposes of this section, "pathological gambling" is a mental disorder characterized by loss of control over gambling, progression in preoccupation with gambling and in obtaining money to gamble, and continuation of gambling despite adverse consequences. "Problem gambling" is an earlier stage of pathological gambling which compromises, disrupts, or damages family or personal relationships or vocational pursuits. [2010 c 171 § 1; 2005 c 369 § 2; 2002 c 349 § 4. Formerly RCW 67.70.350.] Findings—Intent—2005 c 369: "(1) The legislature finds that: (a) The costs to society of problem and pathological gambling include family disintegration, criminal activity, and financial insolvencies; (b) Problem and pathological gamblers suffer a higher incidence of addictive disorders such as alcohol and substance abuse; (c) Residents of Washington have the opportunity to participate in a variety of legal gambling activities operated by the state, by federally recognized tribes, and by private businesses and nonprofit organizations; and (d) A 1999 study found that five percent of adult Washington residents and eight percent of adolescents could be classified as problem gamblers during their lifetimes, and that more than one percent of adults have been afflicted with pathological gambling. (2) The legislature intends to provide long-term, dedicated funding for public awareness and education regarding problem and pathological gambling, training in its identification and treatment, and treatment services for problem and pathological gamblers and, as clinically appropriate, members of their families." [2005 c 369 § 1.] Severability—2005 c 369: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2005 c 369 § 10.] Effective date—2005 c 369: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005." [2005 c 369 § 11.] 43.20A.892 Problem gambling account. The problem gambling account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of the program established under RCW 43.20A.890. [2005 c 369 § 3.] 43.20A.892 Findings—Intent—Severability—Effective date—2005 c 369: See notes following RCW 43.20A.890. 43.20A.930 Effective date—Severability—1970 ex.s. c 18. See notes following RCW 43.20A.010. 43.20A.930 Chapter 43.20B RCW REVENUE RECOVERY FOR DEPARTMENT OF SOCIAL AND HEALTH SERVICES Chapter 43.20B Sections GENERAL PROVISIONS 43.20B.010 43.20B.020 43.20B.030 43.20B.040 43.20B.050 43.20B.060 43.20B.070 43.20B.080 Definitions. Fees for services—Department of health and department of social and health services. Overpayments and debts due the department—Time limit— Write-offs and compromises. Chapter does not apply where another party liable—Statement of lien—Form. Liens—Compromise—Settlement or judgment. Reimbursement for medical care or residential care—Lien— Subrogation—Delegation of lien and subrogation rights. Torts committed against recipients of state assistance— Duties of attorney representing recipient—Trust account for departmental lien. Recovery for paid medical assistance—Rules—Disclosure of estate recovery costs, terms, and conditions. (2010 Ed.) Revenue Recovery for Department of Social and Health Services 43.20B.090 Recovery for paid medical assistance and state-funded longterm care—Legislative intent—Legislative confirmation of effect of 1994 c 21. NONRESIDENTIAL FEES AND COSTS OF SERVICES 43.20B.110 43.20B.120 License fees to be charged by secretary—Waiver—Review and comment. Funeral assistance—Lien against assets. RESIDENTIAL SERVICES 43.20B.310 43.20B.320 43.20B.325 43.20B.330 43.20B.335 43.20B.340 43.20B.345 43.20B.347 43.20B.350 43.20B.355 43.20B.360 43.20B.370 43.20B.410 43.20B.415 43.20B.420 43.20B.425 43.20B.430 43.20B.435 43.20B.440 43.20B.445 43.20B.450 43.20B.455 43.20B.460 Residential care payments by families, when not collected. Mental illness—Treatment costs—Criminally insane—Liability. Mental illness—Hospitalization charges—How computed. Mental illness—Treatment costs—Liability. Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations. Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings. Mental illness—Treatment costs—Judgment for accrued amounts. Mental illness—Treatment costs—Lien against real and personal property. Mental illness—Treatment costs—Modification or vacation of findings of responsibility. Mental illness—Hospitalization charges—Due date—Collection. Mental illness—Hospitalization charges—Collection—Statutes of limitation. Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist. Residential habilitation centers—Liability for costs of services—Declaration of purpose. State residential schools—Liability for costs of services— Limitation. Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection. Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions. Residential habilitation centers—Costs of services—Notice and finding of responsibility—Service—Adjudicative proceeding. State residential habilitation centers—Costs of services— Modification or vacation of finding of responsibility. Residential habilitation centers—Costs of services—Charges payable in advance. Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident. State residential habilitation centers—Costs of services— Liabilities created apply to care, support, and treatment after July 1, 1967. Residential habilitation centers—Costs of services—Discretionary allowance in resident’s fund. Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules. RECOVERY OF OVERPAYMENTS 43.20B.620 43.20B.630 43.20B.635 43.20B.640 43.20B.645 43.20B.660 43.20B.670 43.20B.675 43.20B.680 43.20B.685 43.20B.688 43.20B.690 43.20B.695 43.20B.710 (2010 Ed.) Overpayments of assistance—Lien against recipient’s property—Recovery methods. Overpayments of assistance—Procedures—Adjudicative proceeding. Overpayments of assistance—Orders to withhold property of debtor—Procedures. Overpayments of assistance—Failure to withhold property of debtor. Overpayments of assistance—Assignment of earnings. Improper realty transfer—Suit to rescind—Recovery from recipient’s estate. Excess property assistance program—Lien—Department as creditor. Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding— Enforcement—Collection—Rules. Vendor overpayments—Lien or other security—Setoff or recoupment—Exception. Vendor overpayments—Liens—Duration—Enforcement. Limitation on actions to enforce vendor overpayment debts. Vendor overpayments—Remedies nonexclusive. Vendor overpayments—Interest—Exceptions. Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney’s fees. 43.20B.720 43.20B.730 43.20B.735 43.20B.740 43.20B.745 43.20B.750 43.20B.030 Recipient receiving industrial insurance compensation— Subrogation rights of department—Lien—Withhold and deliver notice. Recipient receiving industrial insurance compensation— Effective date of lien and notice—Service. Recipient receiving industrial insurance compensation— Duty to withhold and deliver—Amount. Recipient receiving industrial insurance compensation— Adjudicative proceeding—Collection pending final order. Recipient receiving industrial insurance compensation— Application. Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules. CONSTRUCTION 43.20B.900 43.20B.901 43.20B.902 Savings—1987 c 75. Severability—1987 c 75. Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. GENERAL PROVISIONS 43.20B.010 Definitions. The definitions in this section apply throughout this chapter: (1) "Department" means the department of social and health services. (2) "Secretary" means the secretary of the department of social and health services. (3) "License" means that exercise of regulatory authority by the secretary to grant permission, authority, or liberty to do or to forbear certain activities. The term includes licenses, permits, certifications, registrations, and other similar terms. (4) "Vendor" means an entity that provides goods or services to or for clientele of the department and that controls operational decisions. (5) "Overpayment" means any payment or benefit to a recipient or to a vendor in excess of that to which is entitled by law, rule, or contract, including amounts in dispute. [1987 c 75 § 42.] 43.20B.010 43.20B.020 Fees for services—Department of health and department of social and health services. The department of social and health services and the department of health are authorized to charge fees for services provided unless otherwise prohibited by law. The fees may be sufficient to cover the full cost of the service provided if practical or may be charged on an ability-to-pay basis if practical. This section does not supersede other statutory authority enabling the assessment of fees by the departments. Whenever the department of social and health services is authorized by law to collect total or partial reimbursement for the cost of its providing care of or exercising custody over any person, the department shall collect the reimbursement to the extent practical. [1991 c 3 § 295; 1981 1st ex.s. c 6 § 25. Formerly RCW 43.20A.670.] 43.20B.020 Additional notes found at www.leg.wa.gov 43.20B.030 Overpayments and debts due the department—Time limit—Write-offs and compromises. (1) Except as otherwise provided by law, including subsection (2) of this section, there will be no collection of overpayments and other debts due the department after the expiration of six years from the date of notice of such overpayment or other debt unless the department has commenced recovery 43.20B.030 [Title 43 RCW—page 129] 43.20B.040 Title 43 RCW: State Government—Executive action in a court of law or unless an administrative remedy authorized by statute is in place. However, any amount due in a case thus extended shall cease to be a debt due the department at the expiration of ten years from the date of the notice of the overpayment or other debt unless a court-ordered remedy would be in effect for a longer period. (2) There will be no collection of debts due the department after the expiration of twenty years from the date a lien is recorded pursuant to RCW 43.20B.080. (3) The department, at any time, may accept offers of compromise of disputed claims or may grant partial or total write-off of any debt due the department if it is no longer cost-effective to pursue. The department shall adopt rules establishing the considerations to be made in the granting or denial of a partial or total write-off of debts. [2005 c 292 § 5; 2003 c 207 § 1; 1997 c 130 § 5; 1989 c 78 § 4; 1987 c 283 § 6; 1979 c 141 § 308; 1965 ex.s. c 91 § 2. Formerly RCW 74.04.306.] [1990 c 100 § 3; 1979 c 141 § 341; 1969 ex.s. c 173 § 9. Formerly RCW 74.09.182.] 43.20B.050 43.20B.050 Liens—Compromise—Settlement or judgment. (1) No settlement made by and between the recipient and tort feasor and/or insurer shall discharge or otherwise compromise the lien created in RCW 43.20B.060 without the express written consent of the secretary. Discretion to compromise such liens rests solely with the secretary or the secretary’s designee. (2) No settlement or judgment shall be entered purporting to compromise the lien created by RCW 43.20B.060 without the express written consent of the secretary or the secretary’s designee. [1990 c 100 § 4; 1969 ex.s. c 173 § 12. Formerly RCW 74.09.186.] Additional notes found at www.leg.wa.gov 43.20B.060 Additional notes found at www.leg.wa.gov 43.20B.040 Chapter does not apply where another party liable—Statement of lien—Form. The form of the lien in RCW 43.20B.060 shall be substantially as follows: 43.20B.040 STATEMENT OF LIEN Notice is hereby given that the State of Washington, Department of Social and Health Services, has rendered assistance or provided residential care to . . . . . ., a person who was injured on or about the . . . . day of . . . . . . in the county of . . . . . . state of . . . . . ., and the said department hereby asserts a lien, to the extent provided in RCW 43.20B.060, for the amount of such assistance or residential care, upon any sum due and owing . . . . . . (name of injured person) from . . . . . ., alleged to have caused the injury, and/or his or her insurer and from any other person or insurer liable for the injury or obligated to compensate the injured person on account of such injuries by contract or otherwise. STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Title) STATE OF WASHINGTON COUNTY OF      ss. I, . . . . . ., being first duly sworn, on oath state: That I am . . . . . . (title); that I have read the foregoing Statement of Lien, know the contents thereof, and believe the same to be true. ................. Signed and sworn to or affirmed before me this . . . . day of . . . . . ., 19. . . by . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of person making statement). (Seal or stamp) ............................. Notary Public in and for the State of Washington My appointment expires: . . . . . . . . . [Title 43 RCW—page 130] 43.20B.060 Reimbursement for medical care or residential care—Lien—Subrogation—Delegation of lien and subrogation rights. (1) To secure reimbursement of any assistance paid under chapter 74.09 RCW or reimbursement for any residential care provided by the department at a hospital for the mentally ill or habilitative care center for the developmentally disabled, as a result of injuries to or illness of a recipient caused by the negligence or wrong of another, the department shall be subrogated to the recipient’s rights against a tort feasor or the tort feasor’s insurer, or both. (2) The department shall have a lien upon any recovery by or on behalf of the recipient from such tort feasor or the tort feasor’s insurer, or both to the extent of the value of the assistance paid or residential care provided by the department, provided that such lien shall not be effective against recoveries subject to wrongful death when there are surviving dependents of the deceased. The lien shall become effective upon filing with the county auditor in the county where the assistance was authorized or where any action is brought against the tort feasor or insurer. The lien may also be filed in any other county or served upon the recipient in the same manner as a civil summons if, in the department’s discretion, such alternate filing or service is necessary to secure the department’s interest. The additional lien shall be effective upon filing or service. (3) The lien of the department shall be upon any claim, right of action, settlement proceeds, money, or benefits arising from an insurance program to which the recipient might be entitled (a) against the tort feasor or insurer of the tort feasor, or both, and (b) under any contract of insurance purchased by the recipient or by any other person providing coverage for the illness or injuries for which the assistance or residential care is paid or provided by the department. (4) If recovery is made by the department under this section and the subrogation is fully or partially satisfied through an action brought by or on behalf of the recipient, the amount paid to the department shall bear its proportionate share of attorneys’ fees and costs. (a) The determination of the proportionate share to be borne by the department shall be based upon: (i) The fees and costs approved by the court in which the action was initiated; or (2010 Ed.) Revenue Recovery for Department of Social and Health Services (ii) The written agreement between the attorney and client which establishes fees and costs when fees and costs are not addressed by the court. (b) When fees and costs have been approved by a court, after notice to the department, the department shall have the right to be heard on the matter of attorneys’ fees and costs or its proportionate share. (c) When fees and costs have not been addressed by the court, the department shall receive at the time of settlement a copy of the written agreement between the attorney and client which establishes fees and costs and may request and examine documentation of fees and costs associated with the case. The department may bring an action in superior court to void a settlement if it believes the attorneys’ calculation of its proportionate share of fees and costs is inconsistent with the written agreement between the attorney and client which establishes fees and costs or if the fees and costs associated with the case are exorbitant in relation to cases of a similar nature. (5) The rights and remedies provided to the department in this section to secure reimbursement for assistance, including the department’s lien and subrogation rights, may be delegated to a managed health care system by contract entered into pursuant to RCW 74.09.522. A managed health care system may enforce all rights and remedies delegated to it by the department to secure and recover assistance provided under a managed health care system consistent with its agreement with the department. [1997 c 236 § 2; 1990 c 100 § 7.] Additional notes found at www.leg.wa.gov 43.20B.070 Torts committed against recipients of state assistance—Duties of attorney representing recipient—Trust account for departmental lien. (1) An attorney representing a person who, as a result of injuries or illness sustained through the negligence or wrong of another, has received, is receiving, or has applied to receive assistance under chapter 74.09 RCW, or residential care provided by the department at a hospital for the mentally ill or habilitative care center for the developmentally disabled, shall: (a) Notify the department at the time of filing any claim against a third party, commencing an action at law, negotiating a settlement, or accepting a settlement offer from the tort feasor or the tort feasor’s insurer, or both; and (b) Give the department thirty days’ notice before any judgment, award, or settlement may be satisfied in any action or any claim by the applicant or recipient to recover damages for such injuries or illness. (2) The proceeds from any recovery made pursuant to any action or claim described in RCW 43.20B.060 that is necessary to fully satisfy the department’s lien against recovery shall be placed in a trust account or in the registry of the court until the department’s lien is satisfied. [1999 c 55 § 1; 1990 c 100 § 8.] 43.20B.070 Additional notes found at www.leg.wa.gov 43.20B.080 Recovery for paid medical assistance— Rules—Disclosure of estate recovery costs, terms, and conditions. (1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent with 42 43.20B.080 (2010 Ed.) 43.20B.080 U.S.C. Sec. 1396p. The department shall adopt a rule providing for prior notice and hearing rights to the record title holder or purchaser under a land sale contract. (2) Liens may be adjusted by foreclosure in accordance with chapter 61.12 RCW. (3) In the case of an individual who was fifty-five years of age or older when the individual received medical assistance, the department shall seek adjustment or recovery from the individual’s estate, and from nonprobate assets of the individual as defined by RCW 11.02.005, but only for medical assistance consisting of nursing facility services, home and community-based services, other services that the department determines to be appropriate, and related hospital and prescription drug services. Recovery from the individual’s estate, including foreclosure of liens imposed under this section, shall be undertaken as soon as practicable, consistent with 42 U.S.C. Sec. 1396p. (4) The department shall apply the medical assistance estate recovery law as it existed on the date that benefits were received when calculating an estate’s liability to reimburse the department for those benefits. (5)(a) The department shall establish procedures consistent with standards established by the federal department of health and human services and pursuant to 42 U.S.C. Sec. 1396p to waive recovery when such recovery would work an undue hardship. The department shall recognize an undue hardship for a surviving domestic partner whenever recovery would not have been permitted if he or she had been a surviving spouse. The department is not authorized to pursue recovery under such circumstances. (b) Recovery of medical assistance from a recipient’s estate shall not include property made exempt from claims by federal law or treaty, including exemption for tribal artifacts that may be held by individual Native Americans. (6) A lien authorized under this section relates back to attach to any real property that the decedent had an ownership interest in immediately before death and is effective as of that date or date of recording, whichever is earlier. (7) The department may enforce a lien authorized under this section against a decedent’s life estate or joint tenancy interest in real property held by the decedent immediately prior to his or her death. Such a lien enforced under this subsection shall not end and shall continue as provided in this subsection until the department’s lien has been satisfied. (a) The value of the life estate subject to the lien shall be the value of the decedent’s interest in the property subject to the life estate immediately prior to the decedent’s death. (b) The value of the joint tenancy interest subject to the lien shall be the value of the decedent’s fractional interest the recipient would have owned in the jointly held interest in the property had the recipient and the surviving joint tenants held title to the property as tenants in common on the date of the recipient’s death. (c) The department may not enforce the lien provided by this subsection against a bona fide purchaser or encumbrancer that obtains an interest in the property after the death of the recipient and before the department records either its lien or the request for notice of transfer or encumbrance as provided by RCW 43.20B.750. [Title 43 RCW—page 131] 43.20B.090 Title 43 RCW: State Government—Executive (d) The department may not enforce a lien provided by this subsection against any property right that vested prior to July 1, 2005. (8)(a) Subject to the requirements of 42 U.S.C. Sec. 1396p(a) and the conditions of this subsection (8), the department is authorized to file a lien against the property of an individual prior to his or her death, and to seek adjustment and recovery from the individual’s estate or sale of the property subject to the lien, if: (i) The individual is an inpatient in a nursing facility, intermediate care facility for persons with intellectual disabilities, or other medical institution; and (ii) The department has determined after notice and opportunity for a hearing that the individual cannot reasonably be expected to be discharged from the medical institution and to return home. (b) If the individual is discharged from the medical facility and returns home, the department shall dissolve the lien. (9) The department is authorized to adopt rules to effect recovery under this section. The department may adopt by rule later enactments of the federal laws referenced in this section. (10) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments. (11) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options. [2010 c 94 § 12; 2008 c 6 § 302; 2005 c 292 § 6; 1999 c 354 § 2; 1997 c 392 § 302; 1995 1st sp.s. c 18 § 67; 1994 c 21 § 3.] Purpose—2010 c 94: See note following RCW 44.04.280. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090. Additional notes found at www.leg.wa.gov 43.20B.090 Recovery for paid medical assistance and state-funded long-term care—Legislative intent—Legislative confirmation of effect of 1994 c 21. (1) It is the intent of the legislature to ensure that needy individuals have access to basic long-term care without requiring them to sell their homes. In the face of rising medical costs and limited funding for social welfare programs, however, the state’s medicaid and state-funded long-term care programs have placed an increasing financial burden on the state. By balancing the interests of individuals with immediate and future unmet medical care needs, surviving spouses and dependent children, adult nondependent children, more distant heirs, and the state, the estate recovery provisions of RCW 43.20B.080 and 74.39A.170 provide an equitable and reasonable method of easing the state’s financial burden while ensuring the continued viability of the medicaid and state-funded long-term care programs. (2) It is further the intent of the legislature to confirm that chapter 21, Laws of 1994, effective July 1, 1994, repealed 43.20B.090 [Title 43 RCW—page 132] and substantially reenacted the state’s medicaid estate recovery laws and did not eliminate the department’s authority to recover the cost of medical assistance paid prior to October 1, 1993, from the estates of deceased recipients regardless of whether they received benefits before, on, or after July 1, 1994. [1997 c 392 § 301.] Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. NONRESIDENTIAL FEES AND COSTS OF SERVICES 43.20B.110 License fees to be charged by secretary— Waiver—Review and comment. (1) The secretary shall charge fees to the licensee for obtaining a license. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state. (2) Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection. (3) Department of social and health services advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees. (4) Fees associated with the licensing or regulation of health professions or health facilities administered by the department of health, shall be in accordance with RCW 43.70.110 and 43.70.250. [1991 c 3 § 296; 1989 1st ex.s. c 9 § 216; 1987 c 75 § 6; 1982 c 201 § 2. Formerly RCW 43.20A.055.] 43.20B.110 Additional notes found at www.leg.wa.gov 43.20B.120 Funeral assistance—Lien against assets. If the department furnishes funeral assistance for deceased recipients under *RCW 74.08.120, the department shall have a lien against those assets left to a surviving spouse or minor children under those conditions defined in *RCW 74.08.120. The lien is valid for six years from the date of filing with the county auditor and has preference over the claims of all unsecured creditors. If the assets remain exempt or if no probate is commenced, the lien automatically terminates without further action six years after filing. [1987 c 75 § 45.] 43.20B.120 *Reviser’s note: RCW 74.08.120 was repealed by 1997 c 58 § 1002. RESIDENTIAL SERVICES 43.20B.310 Residential care payments by families, when not collected. No payment may be collected by the department for residential care if the collection will reduce the income as defined in RCW 74.04.005 of the head of household and remaining dependents below one hundred percent of the need standard for temporary assistance for needy families. [1997 c 59 § 6; 1983 1st ex.s. c 41 § 34. Formerly RCW 74.04.780.] 43.20B.310 Additional notes found at www.leg.wa.gov 43.20B.320 Mental illness—Treatment costs—Criminally insane—Liability. Patients hospitalized at state hos43.20B.320 (2010 Ed.) Revenue Recovery for Department of Social and Health Services pitals as criminally insane shall be responsible for payment of hospitalization charges. [1987 c 75 § 12; 1959 c 25 § 71.02.380. Prior: 1951 c 139 § 62. Formerly RCW 71.02.380.] Criminally insane, reimbursement for costs: RCW 10.77.250. 43 .2 0B.32 5 M ental illness—Ho spita liza tio n charges—How computed. Charges for hospitalization of patients in state hospitals are to be based on the actual cost of operating such hospitals for the previous year, taking into consideration the overhead expense of operating the hospital and expense of maintenance and repair, including in both cases all salaries of supervision and management as well as material and equipment actually used or expended in operation as computed by the department: PROVIDED, That a schedule of differing hospitalization charges may be computed, including a schedule of charges for outpatient services, considering the costs of care, treatment and maintenance in accordance with the classification of mental illness, type and intensity of treatment rendered, which may vary among and within the several state hospitals. Costs of transportation shall be computed by the department. [1967 ex.s. c 127 § 1; 1959 c 25 § 71.02.410. Prior: 1951 c 139 § 52. Formerly RCW 71.02.410.] 43.20B.325 43.20B.330 Mental illness—Treatment costs—Liability. Any person admitted or committed to a state hospital for the mentally ill, and their estates and responsible relatives are liable for reimbursement to the state of the costs of hospitalization and/or outpatient services, as computed by the secretary, or his designee, in accordance with RCW 43.20B.325: PROVIDED, That such mentally ill person, and his or her estate, and the husband or wife of such mentally ill person and their estate shall be primarily responsible for reimbursement to the state for the costs of hospitalization and/or outpatient services; and, the parents of such mentally ill person and their estates, until such person has attained the age of eighteen years, shall be secondarily liable. [1987 c 75 § 13; 1971 ex.s. c 292 § 64; 1967 ex.s. c 127 § 4. Formerly RCW 71.02.411.] 43.20B.330 Additional notes found at www.leg.wa.gov 43.20B.335 Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations. The department is authorized to investigate the financial condition of each person liable under the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350, and is further authorized to make determinations of the ability of each such person to pay hospitalization charges and/or charges for outpatient services, in accordance with the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350, and, for such purposes, to set a standard as a basis of judgment of ability to pay, which standard shall be recomputed periodically to reflect changes in the costs of living, and other pertinent factors, and to make provisions for unusual and exceptional circumstances in the application of such standard. Such factors and circumstances shall include judgments owed by the person to any victim of an act that would have resulted in criminal conviction of the patient but for a finding of criminal insanity. A victim shall include a 43.20B.335 (2010 Ed.) 43.20B.340 personal representative of an estate who has obtained judgment for wrongful death against the criminally insane patient. In accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW, the department shall adopt appropriate rules and regulations relating to the standards to be applied in determining ability to pay such charges, the schedule of charges pursuant to RCW 43.20B.325, and such other rules and regulations as are deemed necessary to administer the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350. [1996 c 125 § 2; 1987 c 75 § 14; 1979 c 141 § 126; 1967 ex.s. c 127 § 5. Formerly RCW 71.02.412.] Findings—Purpose—1996 c 125: "The legislature finds that laws and regulations relating to the rights of the state to collection from criminally insane patients for cost of their hospitalization are in need of clarification. The legislature previously directed the department of social and health services to set standards regarding ability of such patients to pay that would include pertinent factors, as well as unusual and exceptional circumstances. The legislature finds that the regulations established by the department fail to take into account a factor and circumstance that should be paramount: Compensation owed by the patient to victims of his or her criminally insane conduct. The state public policy recognizes the due dignity and respect to be accorded victims of crime and the need for victims to be compensated, as set forth in Article I, section 35 of the state Constitution and in chapter 7.68 RCW. The legislature did not intend, in enacting RCW 43.20B.320, that the department attempt to obtain funds for hospitalization of criminally insane patients that would otherwise have compensated the victims of the patient. The purpose of chapter 125, Laws of 1996 is to clarify legislative intent and existing law." [1996 c 125 § 1.] 43.20B.340 Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings. In any case where determination is made that a person, or the estate of such person, is able to pay all, or any portion of the charges for hospitalization, and/or charges for outpatient services, a notice and finding of responsibility shall be served on such person or the court-appointed personal representative of such person. The notice shall set forth the amount the department has determined that such person, or his or her estate, is able to pay not to exceed the costs of hospitalization, and/or costs of outpatient services, as fixed in accordance with the provisions of RCW 43.20B.325, or as otherwise limited by the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350. The responsibility for the payment to the department shall commence twenty-eight days after service of such notice and finding of responsibility which finding of responsibility shall cover the period from the date of admission of such mentally ill person to a state hospital, and for the costs of hospitalization, and/or the costs of outpatient services, accruing thereafter. The notice and finding of responsibility shall be served upon all persons found financially responsible in the manner prescribed for the service of summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceeding may be filed with the secretary, or the secretary’s designee within twenty-eight days from the date of service of such notice and finding of responsibility. The application must be written and served on the secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of responsibility shall become final. If an application is filed, the execution of notice and finding of responsibility shall be stayed pending the final adjudicative order. The hearing shall 43.20B.340 [Title 43 RCW—page 133] 43.20B.345 Title 43 RCW: State Government—Executive be conducted in a local department office or other location in Washington convenient to the appellant. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. [1989 c 175 § 98; 1987 c 75 § 15; 1985 c 245 § 3; 1981 c 67 § 33; 1971 c 81 § 133; 1969 ex.s. c 268 § 1; 1967 ex.s. c 127 § 6. Formerly RCW 71.02.413.] Additional notes found at www.leg.wa.gov 43.20B.345 Mental illness—Treatment costs—Judgment for accrued amounts. Whenever any notice and finding of responsibility, or appeal therefrom, shall have become final, the superior court, wherein such person or persons reside or have property either real or personal, shall, upon application of the secretary enter a judgment in the amount of the accrued monthly charges for the costs of hospitalization, and/or the costs of outpatient services, and such judgment shall have and be given the same effect as if entered pursuant to civil action instituted in said court; except, such judgment shall not be the subject of collection by the department unless and until any outstanding judgment for a victim referenced in RCW 43.20B.335 has been fully satisfied. [1996 c 125 § 3; 1987 c 75 § 16; 1979 c 141 § 127; 1967 ex.s. c 127 § 7. Formerly RCW 71.02.414.] 43.20B.345 Findings—Purpose—1996 c 125: See note following RCW 43.20B.335. 43.20B.347 Mental illness—Treatment costs—Lien against real and personal property. Whenever a notice and finding of responsibility, or appeal therefrom, has become final, the department may file a lien against the real and personal property of all persons found financially responsible under RCW 43.20B.330 with the county auditor of the county where the persons reside or own property. [1993 c 272 § 1.] 43.20B.347 Additional notes found at www.leg.wa.gov 43.20B.350 Mental illness—Treatment costs—Modification or vacation of findings of responsibility. The secretary, or the secretary’s designee, upon application of the person responsible for payment of reimbursement to the state of the costs of hospitalization, and/or the costs of outpatient services, or the legal representative of such person, and, after investigation, or after investigation without application, the secretary, or the secretary’s designee, if satisfied of the financial ability or inability of such person to reimburse the state in accordance with the original finding of responsibility, may, modify or vacate such original finding of responsibility and enter a new finding of responsibility. The determination to modify or vacate findings of responsibility shall be served and be appealable in the same manner and in accordance with the same procedures for appeals of original findings of responsibility. [1987 c 75 § 17; 1967 ex.s. c 127 § 8. Formerly RCW 71.02.415.] 43.20B.350 43 .2 0B.35 5 M ental illness—Ho spita liza tio n charges—Due date—Collection. Hospitalization charges are payable on the tenth day of each calendar month, for services rendered during the preceding month, and the department may make all necessary rules and regulations relative to the billing and collection of such charges. [1967 ex.s. c 127 43.20B.355 [Title 43 RCW—page 134] § 2; 1959 c 25 § 71.02.320. Prior: 1951 c 139 § 56. Formerly RCW 71.02.320.] 43 .2 0B.36 0 Menta l illness—H ospitaliza tio n charges—Collection—Statutes of limitation. No statutes of limitations shall run against the state of Washington for hospitalization charges: PROVIDED, HOWEVER, That periods of limitations for the filing of creditors’ claims against probate and guardianship estates shall apply against such claims. [1959 c 25 § 71.02.360. Prior: 1951 c 139 § 61. Formerly RCW 71.02.360.] 43.20B.360 Period of limitation for claims against guardianship estate: RCW 11.92.035. 43 .2 0B.37 0 Menta l illness—H ospitaliza tio n charges—Collection—Prosecuting attorneys to assist. The prosecuting attorneys of the various counties shall assist the department in the collection of hospitalization charges. [1959 c 25 § 71.02.370. Prior: 1951 c 139 § 64. Formerly RCW 71.02.370.] 43.20B.370 43.20B.410 Residential habilitation centers—Liability for costs of services—Declaration of purpose. The purpose of RCW 43.20B.410 through 43.20B.455 is to place financial responsibility for cost of care, support and treatment upon those residents of residential habilitation centers operated under chapter 71A.20 RCW who possess assets over and above the minimal amount required to be retained for personal use; to provide procedures for establishing such liability and the monthly rate thereof, and the process for appeal therefrom to the secretary of social and health services and the courts by any person deemed aggrieved thereby. [1988 c 176 § 902; 1987 c 75 § 23; 1979 c 141 § 237; 1967 c 141 § 1. Formerly RCW 72.33.650.] 43.20B.410 Additional notes found at www.leg.wa.gov 43.20B.415 State residential schools—Liability for costs of services—Limitation. The estates of all mentally or physically deficient persons who have been admitted to the state residential schools listed in *RCW 72.33.030 either by application of their parents or guardian or by commitment of court, or who may hereafter be admitted or committed to such institutions, shall be liable for their per capita costs of care, support and treatment: PROVIDED, That the estate funds may not be reduced as a result of such liability below an amount as set forth in *RCW 72.33.180. [1971 ex.s. c 118 § 2; 1967 c 141 § 2. Formerly RCW 72.33.655.] 43.20B.415 *Reviser’s note: RCW 72.33.030 and 72.33.180 were repealed by 1988 c 176 § 1007. See Title 71A RCW. The term "residential schools" was changed to "residential habilitation centers" by 1988 c 176. Additional notes found at www.leg.wa.gov 43.20B.420 Residential habilitation centers—Determination of costs of services—Establishment of rates— Collection. The charges for services as provided in RCW 43.20B.425 shall be based on the rates established for the purpose of receiving federal reimbursement for the same services. For those services for which there is no applicable federal reimbursement-related rate, charges shall be based on the average per capita costs, adjusted for inflation, of operating 43.20B.420 (2010 Ed.) Revenue Recovery for Department of Social and Health Services each of the residential habilitation centers for the previous reporting year taking into consideration all expenses of institutional operation, maintenance and repair, salaries and wages, equipment and supplies: PROVIDED, That all expenses directly related to the cost of education for persons under the age of twenty-two years shall be excluded from the computation of the average per capita cost. The department shall establish rates on a per capita basis and promulgate those rates or the methodology used in computing costs and establishing rates as rules of the department in accordance with chapter 34.05 RCW. The department shall be charged with the duty of collection of charges incurred under RCW 43.20B.410 through 43.20B.455, which may be enforced by civil action instituted by the attorney general within or without the state. [1988 c 176 § 903; 1987 c 75 § 24; 1984 c 200 § 1; 1979 c 141 § 238; 1967 c 141 § 3. Formerly RCW 72.33.660.] Additional notes found at www.leg.wa.gov 43.20B.445 ing from the determination of responsibility may be made to the secretary by the guardian of the resident’s estate, or if no guardian has been appointed then by the resident, the resident’s spouse, or other person acting in a representative capacity and having property in his or her possession belonging to a resident of a state school, within such twenty-eight day period. The application must be written and served on the secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of responsibility shall become final. If an application is filed, the execution of notice and finding of responsibility shall be stayed pending the final adjudicative order. The hearing shall be conducted in a local department office or other location in Washington convenient to the appellant. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. [1989 c 175 § 99; 1988 c 176 § 905; 1987 c 75 § 26; 1985 c 245 § 6; 1982 c 189 § 7; 1979 c 141 § 239; 1970 ex.s. c 75 § 1; 1967 c 141 § 5. Formerly RCW 72.33.670.] Additional notes found at www.leg.wa.gov 43.20B.425 Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions. The department shall investigate and determine the assets of the estates of each resident of a residential habilitation center and the ability of each such estate to pay all, or any portion of, the average monthly charge for care, support and treatment at a residential habilitation center as d eter min ed by the pr ocedur e s et f orth in RCW 43.20B.420: PROVIDED, That the sum as set forth in RCW 71A.20.100 shall be retained by the estate of the resident at all times for such personal needs as may arise: PROVIDED FURTHER, That where any person other than a resident or the guardian of the resident’s estate deposits funds so that the depositor and a resident become joint tenants with the right of survivorship, such funds shall not be considered part of the resident’s estate so long as the resident is not the sole survivor among such joint tenants. [1988 c 176 § 904; 1987 c 75 § 25; 1971 ex.s. c 118 § 3; 1967 c 141 § 4. Formerly RCW 72.33.665.] 43.20B.425 Additional notes found at www.leg.wa.gov 43.20B.430 Residential habilitation centers—Costs of services—Notice and finding of responsibility—Service—Adjudicative proceeding. In all cases where a determination is made that the estate of a resident of a residential habilitation center is able to pay all or any portion of the charges, a notice and finding of responsibility shall be served on the guardian of the resident’s estate, or if no guardian has been appointed then to the resident, the resident’s spouse, or other person acting in a representative capacity and having property in his or her possession belonging to a resident. The notice shall set forth the amount the department has determined that such estate is able to pay, not to exceed the charge as fixed in accordance with RCW 43.20B.420, and the responsibility for payment to the department shall commence twenty-eight days after personal service of such notice and finding of responsibility. Service shall be in the manner prescribed for the service of a summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceed43.20B.430 (2010 Ed.) 43.20B.435 State residential habilitation centers— Costs of services—Modification or vacation of finding of responsibility. The secretary, upon application of the guardian of the estate of the resident, and after investigation, or upon investigation without application, may, if satisfied of the financial ability or inability of such person to make payments in accordance with the original finding of responsibility, modify or vacate such original finding of responsibility, and enter a new finding of responsibility. The secretary’s determination to modify or vacate findings of responsibility shall be served and be appealable in the same manner and in accordance with the same procedure for appeals of original findings of responsibility. [1979 c 141 § 240; 1967 c 141 § 7. Formerly RCW 72.33.680.] 43.20B.435 Additional notes found at www.leg.wa.gov 43.20B.440 Residential habilitation centers—Costs of services—Charges payable in advance. The charges for care, support, maintenance and treatment of persons at residential habilitation centers as provided by RCW 43.20B.410 through 43.20B.455 shall be payable in advance on the first day of each and every month to the department. [1988 c 176 § 906; 1987 c 75 § 27; 1979 c 141 § 241; 1967 c 141 § 8. Formerly RCW 72.33.685.] 43.20B.440 Additional notes found at www.leg.wa.gov 43.20B.445 Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident. The provisions of RCW 43.20B.410 through 43.20B.455 shall not be construed to prohibit or prevent the department of social and health services from obtaining reimbursement from any person liable under RCW 43.20B.410 through 43.20B.455 for payment of the full amount of the accrued per capita cost from any property acquired by gift, devise or bequest subsequent to and regardless of the initial findings of responsibility under RCW 43.20B.430: PROVIDED, That the estate of any resident of a residential habilitation center shall not be liable for such reimbursement subsequent to termination of services for that 43.20B.445 [Title 43 RCW—page 135] 43.20B.450 Title 43 RCW: State Government—Executive resident at the residential habilitation center: PROVIDED FURTHER, That upon the death of any person while a resident in a residential habilitation center, the person’s estate shall become liable to the same extent as the resident’s liability on the date of death. [1988 c 176 § 907; 1987 c 75 § 28; 1979 c 141 § 242; 1967 c 141 § 9. Formerly RCW 72.33.690.] Additional notes found at www.leg.wa.gov 43.20B.450 State residential habilitation centers— Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967. The liabilities created by RCW 43.20B.410 through 43.20B.455 shall apply to the care, support and treatment occurring after July 1, 1967. [1987 c 75 § 29; 1967 c 141 § 11. Formerly RCW 72.33.695.] 43.20B.450 Additional notes found at www.leg.wa.gov 43.20B.455 Residential habilitation centers—Costs of services—Discretionary allowance in resident’s fund. Notwithstanding any other provision of RCW 43.20B.410 through 43.20B.455, the secretary may, if in the secretary’s discretion any resident of a residential habilitation center can be terminated from receiving services at the habilitation center more rapidly and assimilated into a community, keep an amount not exceeding five thousand dollars in the resident’s fund for such resident and such resident shall not thereafter be liable thereon for per capita costs of care, support and treatment as provided for in RCW 43.20B.415. [1988 c 176 § 908; 1987 c 75 § 30; 1979 c 141 § 243; 1967 c 141 § 12. Formerly RCW 72.33.700.] 43.20B.455 Additional notes found at www.leg.wa.gov 43.20B.460 Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules. The department of social and health services shall establish by rule the maximum amount of guardianship fees and additional compensation for administrative costs that may be allowed by the court as compensation for a guardian or limited guardian of an incapacitated person who is a department of social and health services client residing in a nursing facility or in a residential or home setting and is required by the department of social and health services to contribute a portion of their income towards the cost of residential or supportive services. [1994 c 68 § 2.] 43.20B.460 RECOVERY OF OVERPAYMENTS 43.20B.620 Overpayments of assistance—Lien against recipient’s property—Recovery methods. Overpayments of public assistance or food stamps or food stamp benefits transferred electronically under RCW 74.04.300 shall become a lien against the real and personal property of the recipient from the time of filing by the department with the county auditor of the county in which the recipient resides or owns property, and the lien claim has preference over the claims of all unsecured creditors. Debts due the state for overpayments of public assistance or food stamps or food stamp benefits transferred electronically may be recovered by the state by deduction from the subsequent assistance payments to such persons, lien and 43.20B.620 [Title 43 RCW—page 136] foreclosure, or order to withhold and deliver, or may be recovered by civil action. [1998 c 79 § 4; 1987 c 75 § 43.] 43.20B.630 Overpayments of assistance—Procedures—Adjudicative proceeding. (1) Any person who owes a debt to the state for an overpayment of public assistance and/or food stamps or food stamp benefits transferred electronically shall be notified of that debt by either personal service or certified mail, return receipt requested. Personal service, return of the requested receipt, or refusal by the debtor of such notice is proof of notice to the debtor of the debt owed. Service of the notice shall be in the manner prescribed for the service of a summons in a civil action. The notice shall include a statement of the debt owed; a statement that the property of the debtor will be subject to collection action after the debtor terminates from public assistance and/or food stamps or benefits; a statement that the property will be subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver; and a statement that the net proceeds will be applied to the satisfaction of the overpayment debt. Action to collect the debt by lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver, is lawful after ninety days from the debtor’s termination from public assistance and/or food stamps or benefits or the receipt of the notice of debt, whichever is later. This does not preclude the department from recovering overpayments by deduction from subsequent assistance payments, not exceeding deductions as authorized under federal law with regard to financial assistance programs: PROVIDED, That subject to federal legal requirement, deductions shall not exceed five percent of the grant payment standard if the overpayment resulted from error on the part of the department or error on the part of the recipient without willful or knowing intent of the recipient in obtaining or retaining the overpayment. (2) A current or former recipient who is aggrieved by a claim that he or she owes a debt for an overpayment of public assistance or food stamps or food stamp benefits transferred electronically has the right to an adjudicative proceeding pursuant to RCW 74.08.080. If no application is filed, the debt will be subject to collection action as authorized under this chapter. If a timely application is filed, the execution of collection action on the debt shall be stayed pending the final adjudicative order or termination of the debtor from public assistance and/or food stamps or food stamp benefits transferred electronically, whichever occurs later. [1998 c 79 § 5; 1989 c 175 § 100; 1982 c 201 § 18; 1981 c 163 § 1. Formerly RCW 74.04.700.] 43.20B.630 Overpayments and debts due the state: RCW 74.04.300. Additional notes found at www.leg.wa.gov 43.20B.635 Overpayments of assistance—Orders to withhold property of debtor—Procedures. After service of a notice of debt for an overpayment as provided for in RCW 43.20B.630, stating the debt accrued, the secretary may issue to any person, firm, corporation, association, political subdivision, or department of the state, an order to withhold and deliver property of any kind including, but not restricted to, earnings which are due, owing, or belonging to the debtor, when the secretary has reason to believe that there is in the 43.20B.635 (2010 Ed.) Revenue Recovery for Department of Social and Health Services possession of such person, firm, corporation, association, political subdivision, or department of the state property which is due, owing, or belonging to the debtor. The order to withhold and deliver shall state the amount of the debt, and shall state in summary the terms of this section, RCW 6.27.150 and 6.27.160, chapters 6.13 and 6.15 RCW, 15 U.S.C. 1673, and other state or federal exemption laws applicable generally to debtors. The order to withhold and deliver shall be served in the manner prescribed for the service of a summons in a civil action or by certified mail, return receipt requested. Any person, firm, corporation, association, political subdivision, or department of the state upon whom service has been made shall answer the order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of therein. The secretary may require further and additional answers to be completed by the person, firm, corporation, association, political subdivision, or department of the state. If any such person, firm, corporation, association, political subdivision, or department of the state possesses any property which may be subject to the claim of the department of social and health services, such property shall be withheld immediately upon receipt of the order to withhold and deliver and shall, after the twenty-day period, upon demand, be delivered forthwith to the secretary. The secretary shall hold the property in trust for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability. In the alternative, there may be furnished to the secretary a good and sufficient bond, satisfactory to the secretary, conditioned upon final determination of liability. Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, association, political subdivision, or department of the state subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the secretary. Delivery to the secretary, subject to the exemptions under RCW 6.27.150 and 6.27.160, chapters 6.13 and 6.15 RCW, 15 U.S.C. 1673, and other state or federal law applicable generally to debtors, of the money or other property held or claimed satisfies the requirement of the order to withhold and deliver. Delivery to the secretary serves as full acquittance, and the state warrants and represents that it shall defend and hold harmless for such actions persons delivering money or property to the secretary pursuant to this chapter. The state also warrants and represents that it shall defend and hold harmless for such actions persons withholding money or property pursuant to this chapter. The secretary shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed by certified mail a copy of the order to withhold and deliver to the debtor at the debtor’s last known post office address, or, in the alternative, a copy of the order to withhold and deliver shall be served on the debtor in the same manner as a summons in a civil action on or before the date of service of the order or within two days thereafter. The copy of the order shall be mailed or served together with a concise explanation of the right to petition for a hearing on any issue related to the collection. This requirement is not jurisdictional, but, if the copy is not mailed or served as provided in this section, or if any irregularity appears with respect to the (2010 Ed.) 43.20B.660 mailing or service, the superior court, on its discretion on motion of the debtor promptly made and supported by affidavit showing that the debtor has suffered substantial injury due to the failure to mail the copy, may set aside the order to withhold and deliver and award to the debtor an amount equal to the damages resulting from the secretary’s failure to serve on or mail to the debtor the copy. [1990 c 100 § 1; 1987 c 75 § 37; 1981 c 163 § 2. Formerly RCW 74.04.710.] 43.20B.640 43.20B.640 Overpayments of assistance—Failure to withhold property of debtor. If any person, firm, corporation, association, political subdivision, or department of the state fails to answer an order to withhold and deliver within the time prescribed in RCW 43.20B.635, or fails or refuses to deliver property pursuant to the order, or after actual notice of filing of a lien as provided for in this chapter, pays over, releases, sells, transfers, or conveys real or personal property subject to such lien to or for the benefit of the debtor or any other person, or fails or refuses to surrender upon demand property distrained under RCW 43.20B.635, or fails or refuses to honor an assignment of wages presented by the secretary, such person, firm, corporation, association, political subdivision, or department of the state is liable to the department in an amount equal to one hundred percent of the value of the debt which is the basis of the lien, order to withhold and deliver, distraint, or assignment of wages, together with costs, interest, and reasonable attorney fees. [1987 c 75 § 38; 1981 c 163 § 3. Formerly RCW 74.04.720.] 43.20B.645 43.20B.645 Overpayments of assistance—Assignment of earnings. Any person, firm, corporation, association, political subdivision, or department employing a person owing a debt for overpayment of public assistance received as defined in RCW 74.04.300, shall honor, according to its terms, a duly executed assignment of earnings presented to the employer by the secretary as a plan to satisfy or retire an overpayment debt. This requirement to honor the assignment of earnings is applicable whether the earnings are to be paid presently or in the future and continues in force and effect until released in writing by the secretary. Payment of moneys pursuant to an assignment of earnings presented to the employer by the secretary serves as full acquittance under any contract of employment, and the state warrants and represents it shall defend and hold harmless such action taken pursuant to the assignment of earnings. The secretary is released from liability for improper receipt of moneys under assignment of earnings upon return of any moneys so received. [1981 c 163 § 4. Formerly RCW 74.04.730.] 43.20B.660 43.20B.660 Improper realty transfer—Suit to rescind—Recovery from recipient’s estate. If an improper real property transfer is made as defined in RCW 74.08.331 through 74.08.338, the department may request the attorney general to file suit to rescind the transaction except as to subsequent bona fide purchasers for value. If it is established by judicial proceedings that a fraudulent conveyance occurred, the value of any public assistance which has been furnished may be recovered in any proceedings from the recipient or the recipient’s estate. [1987 c 75 § 46.] [Title 43 RCW—page 137] 43.20B.670 Title 43 RCW: State Government—Executive 43.20B.670 Excess property assistance program— Lien—Department as creditor. When the department provides grant assistance to persons who possess excess real property under *RCW 74.04.005(10)(f), the department may file a lien against, or otherwise perfect its interest in such real property as a condition of granting such assistance, and the department shall have the status of a secured creditor. [1985 c 245 § 10. Formerly RCW 74.04.007.] 43.20B.670 *Reviser’s note: RCW 74.04.005 was amended by 1997 c 58 § 309, changing subsection (10)(f) to subsection (10)(g). RCW 74.04.005 was subsequently amended by 2010 1st sp.s. c 8 § 4, changing subsection (10)(g) to subsection (11)(g). 43.20B.675 Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules. (1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except nursing homes under chapter 74.46 RCW, the department will give written notice to the vendor. The notice will include the amount of the overpayment, the basis for the claim, and the rights of the vendor under this section. (2) The notice may be served upon the vendor in the manner prescribed for the service of a summons in civil action or be mailed to the vendor at the last known address by certified mail, return receipt requested, demanding payment within twenty days of the date of receipt. (3) The vendor has the right to an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW, and the rules of the department. The vendor’s application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the department’s notice. The application must be served on and received by the department within twenty-eight days of the vendor’s receipt of the notice of overpayment. The vendor must serve the department in a manner providing proof of receipt. (4) Where an adjudicative proceeding has been requested, the presiding or reviewing office will determine the amount, if any, of the overpayment received by the vendor. (5) If the vendor fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice to be assessed against the vendor and subject to collection action by the department. (6) Failure to make an application for an adjudicative proceeding within twenty-eight days of the date of notice will result in the establishment of a final debt against the vendor in the amount asserted by the department and that amount is subject to collection action. The department may also charge the vendor with any costs associated with the collection of any final overpayment or debt established against the vendor. (7) The department may enforce a final overpayment or debt through lien and foreclosure, distraint, seizure and sale, order to withhold and deliver, or other collection action available to the department to satisfy the debt due. (8) Debts determined under this chapter are subject to collection action without further necessity of action by a pre43.20B.675 [Title 43 RCW—page 138] siding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, and 43.20B.680. In addition, a vendor lien may be subject to distraint and seizure and sale in the same manner as prescribed for support liens in RCW 74.20A.130. (9) Chapter 66, Laws of 1998 applies to overpayments for goods or services provided on or after July 1, 1998. (10) The department may adopt rules consistent with this section. [1998 c 66 § 2.] Findings—1998 c 66: "The legislature finds that more efficient and cost-effective means are available for the collection of vendor overpayments owed the state of Washington. The legislature further finds it desirable to provide vendors a uniform formal appeal process that will streamline the current process for both the department of social and health services and the vendor." [1998 c 66 § 1.] 43.20B.680 Vendor overpayments—Lien or other security—Setoff or recoupment—Exception. (1) The department may, at the secretary’s discretion, secure the repayment of any outstanding overpayment, plus interest, if any, through the filing of a lien against the vendor’s real property, or by requiring the posting of a bond, assignment of deposit, or some other form of security acceptable to the department, or by doing both. (a) Any lien shall be effective from the date of filing for record with the county auditor of the county in which the property is located and the lien claim shall have preference over the claims of all unsecured creditors. (b) The department shall review and determine the acceptability of all other forms of security. (c) Any bond must be issued by a company licensed as a surety in the state of Washington. (d) This subsection does not apply to nursing homes licensed under chapter 18.51 RCW or portions of hospitals licensed under chapter 70.41 RCW and operating as a nursing home, if those facilities are subject to chapter 74.46 RCW. (2) The department may recover any overpayment, plus interest, if any, by setoff or recoupment against subsequent payments to the vendor. [1987 c 283 § 10.] 43.20B.680 Additional notes found at www.leg.wa.gov 43.20B.685 Vendor overpayments—Liens—Duration—Enforcement. Liens created under RCW 43.20B.680 shall bind the affected property for a period of ten years after the lien has been recorded or ten years after the resolution of all good faith disputes as to the overpayment, whichever is later. Any civil action by the department to enforce such lien must be timely commenced before the ten-year period expires or the lien shall be released. A civil action to enforce such lien shall not be timely commenced unless the summons and complaint are filed within the ten-year period in a court having jurisdiction and service of the summons and complaint is made upon all parties in the manner prescribed by appropriate civil court rules. [1987 c 283 § 11.] 43.20B.685 Additional notes found at www.leg.wa.gov 43.20B.688 Limitation on actions to enforce vendor overpayment debts. Any action to enforce a vendor overpayment debt shall be commenced within six years from the date of the department’s notice to the vendor. [1987 c 283 § 15. Formerly RCW 43.20A.440.] 43.20B.688 (2010 Ed.) Revenue Recovery for Department of Social and Health Services Vendor overpayments: RCW 43.20B.680 through 43.20B.695. Additional notes found at www.leg.wa.gov 43.20B.690 Vendor overpayments—Remedies nonexclusive. The remedies under RCW 43.20B.680 and 43.20B.685 are nonexclusive and nothing contained in this chapter may be construed to impair or affect the right of the department to maintain a civil action or to pursue any other remedies available to it under the laws of this state to recover such debt. [1987 c 283 § 12.] 43.20B.690 Additional notes found at www.leg.wa.gov 43.20B.695 Vendor overpayments—Interest— Exceptions. (1) Except as provided in subsection (4) of this section, vendors shall pay interest on overpayments at the rate of one percent per month or portion thereof. Where partial repayment of an overpayment is made, interest accrues on the remaining balance. Interest will not accrue when the overpayment occurred due to department error. (2) If the overpayment is discovered by the vendor prior to discovery and notice by the department, the interest shall begin accruing ninety days after the vendor notifies the department of such overpayment. (3) If the overpayment is discovered by the department prior to discovery and notice by the vendor, the interest shall begin accruing thirty days after the date of notice by the department to the vendor. (4) This section does not apply to: (a) Interagency or intergovernmental transactions; (b) Contracts for public works, goods and services procured for the exclusive use of the department, equipment, or travel; and (c) Contracts entered into before September 1, 1979, for contracts with medical assistance funding, and August 23, 1983, for all other contracts. [2008 c 53 § 1; 1987 c 283 § 2; 1983 1st ex.s. c 41 § 17. Formerly RCW 43.20A.435.] 43.20B.695 Additional notes found at www.leg.wa.gov 43.20B.710 Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney’s fees. If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair market value is liable for a civil penalty equal to the uncompensated value of the cash or resources transferred or assigned at less than fair market value. The civil penalty shall not exceed the cost of assistance rendered by the department to the applicant or recipient. The person may rebut the presumption that the transfer or assignment was made for the purpose of enabling the applicant or recipient to qualify or continue to qualify for assistance. The prevailing party in such an action shall be awarded reasonable attorney’s fees. [1987 c 75 § 47.] 43.20B.710 *Reviser’s note: RCW 74.09.538 was repealed by 1989 c 87 § 11. Transfer of spousal resources: RCW 74.09.530 through 74.09.595. 43.20B.720 Recipient receiving industrial insurance compensation—Subrogation rights of department— Lien—Withhold and deliver notice. (1) To avoid a duplicate payment of benefits, a recipient of public assistance from 43.20B.720 (2010 Ed.) 43.20B.740 the department of social and health services is deemed to have subrogated the department to the recipient’s right to recover temporary total disability compensation due to the recipient and the recipient’s dependents under Title 51 RCW, to the extent of such assistance or compensation, whichever is less. However, the amount to be repaid to the department of social and health services shall bear its proportionate share of attorney’s fees and costs, if any, incurred under Title 51 RCW by the recipient or the recipient’s dependents. (2) The department of social and health services may assert and enforce a lien and notice to withhold and deliver to secure reimbursement. The department shall identify in the lien and notice to withhold and deliver the recipient of public assistance and temporary total disability compensation and the amount claimed by the department. [1997 c 130 § 1; 1985 c 245 § 7; 1982 c 201 § 17; 1973 1st ex.s. c 102 § 1. Formerly RCW 74.04.530.] 43.20B.730 43.20B.730 Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service. The effective date of the lien and notice to withhold and deliver provided in RCW 43.20B.720 is the day that it is received by the department of labor and industries or a selfinsurer as defined in chapter 51.08 RCW. Service of the lien and notice to withhold and deliver may be made personally, by regular mail with postage prepaid, or by electronic means. A statement of lien and notice to withhold and deliver shall be mailed to the recipient at the recipient’s last known address by certified mail, return receipt requested, no later than two business days after the department mails, delivers, or transmits the lien and notice to withhold and deliver to the department of labor and industries or a self-insurer. [1997 c 130 § 2; 1987 c 75 § 34; 1985 c 245 § 9; 1973 1st ex.s. c 102 § 3. Formerly RCW 74.04.550.] 43.20B.735 43.20B.735 Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount. The director of labor and industries or the director’s designee, or a self-insurer as defined in chapter 51.08 RCW, following receipt of the lien and notice to withhold and deliver, shall deliver to the secretary of social and health services or the secretary’s designee any temporary total disability compensation payable to the recipient named in the lien and notice to withhold and deliver up to the amount claimed. The director of labor and industries or self-insurer shall withhold and deliver from funds currently in the director’s or self-insurer’s possession or from any funds that may at any time come into the director’s or self-insurer’s possession on account of temporary total disability compensation payable to the recipient named in the lien and notice to withhold and deliver. [1997 c 130 § 3; 1973 1st ex.s. c 102 § 4. Formerly RCW 74.04.560.] 43.20B.740 43.20B.740 Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order. A recipient feeling aggrieved by the action of the department of social and health services in recovering his or her temporary total disability compensation as provided in RCW 43.20B.720 through 43.20B.745 shall have the right to an adjudicative proceeding. [Title 43 RCW—page 139] 43.20B.745 Title 43 RCW: State Government—Executive A recipient seeking an adjudicative proceeding shall file an application with the secretary within twenty-eight days after the statement of lien and notice to withhold and deliver was mailed to the recipient. If the recipient files an application more than twenty-eight days after, but within one year of, the date the statement of lien and notice to withhold and deliver was mailed, the recipient is entitled to a hearing if the recipient shows good cause for the recipient’s failure to file a timely application. The filing of a late application does not affect prior collection action pending the final adjudicative order. Until good cause for failure to file a timely application is decided, the department may continue to collect under the lien and notice to withhold and deliver. The proceeding shall be governed by chapter 34.05 RCW, the Administrative Procedure Act. [1997 c 130 § 4; 1989 c 175 § 101; 1987 c 75 § 35; 1973 1st ex.s. c 102 § 5. Formerly RCW 74.04.570.] Additional notes found at www.leg.wa.gov 43.20B.745 Recipient receiving industrial insurance compensation—Application. RCW 43.20B.720 through 43.20B.745 shall not apply to persons whose eligibility for benefits under Title 51 RCW, is based upon an injury or illness occurring prior to July 1, 1972. [1987 c 75 § 36; 1973 1st ex.s. c 102 § 6. Formerly RCW 74.04.580.] (4) The department shall pay the recording fee required by the county clerk under RCW 36.18.010. (5) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of, or other interest in the real property. [2005 c 292 § 1.] CONSTRUCTION 43.20B.900 Savings—1987 c 75. The enactment of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 26, 1987. [1987 c 75 § 48.] 43.20B.900 43.20B.901 Severability—1987 c 75. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 75 § 51.] 43.20B.901 43.20B.745 43.20B.750 Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules. (1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of social and health services may present to the county auditor for recording in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property. The department shall adopt a rule providing prior notice and hearing rights to the record title holder or purchaser under a land sale contract. (2) The department shall present to the county auditor for recording a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department to monitor transfers or encumbrances related to the real property. (3) The department shall adopt by rule a form for the request for notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum: (a) Contains the name of the public assistance recipient and a departmental case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual’s public assistance records; (b) Contains the legal description of the real property; (c) Contains a mailing address for the department to receive the notice of transfer or encumbrance; and (d) Complies with the requirements for recording in RCW 36.18.010 for those forms intended to be recorded. 43.20B.750 [Title 43 RCW—page 140] 43.20B.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 § 106.] 43.20B.902 Chapter 43.21A Chapter 43.21A RCW DEPARTMENT OF ECOLOGY Sections 43.21A.005 Intent—Public involvement and outreach. 43.21A.010 Legislative declaration of state policy on environment and utilization of natural resources. 43.21A.020 Purpose. 43.21A.030 Definitions. 43.21A.040 Department of ecology—Created. 43.21A.050 Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy. 43.21A.061 Powers and duties—Reclamation. 43.21A.064 Powers and duties—Water resources. 43.21A.067 Water resources—"Basic data fund" created. 43.21A.068 Federal power act licensees—Exemption from state requirements. 43.21A.069 Powers and duties—Flood control. 43.21A.070 Application of administrative procedure act to the review of decisions by director. 43.21A.080 Rule-making authority. 43.21A.085 Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws. 43.21A.087 Technical assistance officer and units—Authority to issue orders or assess penalties. 43.21A.090 Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations. (2010 Ed.) Department of Ecology 43.21A.100 Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries. 43.21A.120 Director to employ personnel—Application of state civil service law. 43.21A.130 Studies—Limitations. 43.21A.140 Director to consult with department, state board of health. 43.21A.150 Director to consult with other states, federal government and Canadian provinces—Authority to receive and disburse grants, funds and gifts. 43.21A.155 Environmental excellence program agreements—Effect on chapter. 43.21A.160 Request for certification of records as confidential—Procedure. 43.21A.165 Environmental technology—Review of certification programs—Demonstration activities. 43.21A.175 Environmental certification programs—Fees—Rules—Liability. 43.21A.230 Certification of environmental laboratories authorized— Fees—Use of certified laboratories by persons submitting data or results to department. 43.21A.235 Exemption from laboratory certification and fee requirements. 43.21A.250 Pollution control hearings board of the state as affecting department, director and commission. 43.21A.350 Master plan of development. 43.21A.355 Master plan of development—Public hearings. 43.21A.405 Marine pollution—Baseline study program—Legislative finding and declaration. 43.21A.410 Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts. 43.21A.415 Marine pollution—Baseline study program—Scope of database produced. 43.21A.420 Marine pollution—Baseline study program—Priority factors. 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles—Department’s powers restricted in respect thereto. 43.21A.440 Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act. 43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments. 43.21A.450 Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized. 43.21A.470 Yakima enhancement project—Duties—Request for congressional authorization for pipeline. 43.21A.510 State environmental profile. 43.21A.515 Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided. 43.21A.520 Environmental excellence awards program for products. 43.21A.600 Powers and duties—Electric power resources. 43.21A.605 Development of electric power resources—Cooperation with governmental units. 43.21A.610 Steam electric generating plant—Study—Construction. 43.21A.612 Steam electric generating plant—Statement of intention— Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development. 43.21A.614 Steam electric generating plant—Powers of director in constructing, operating and maintaining. 43.21A.616 Steam electric generating plant—Eminent domain. 43.21A.618 Steam electric generating plant—State not financially obligated—Separation and expenditure of funds. 43.21A.620 Steam electric generating plant—Revenue bonds and warrants. 43.21A.622 Steam electric generating plant—Special funds—Payment of bonds, interest. 43.21A.624 Steam electric generating plant—Considerations in issuance of bonds, limitations. 43.21A.626 Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants. 43.21A.628 Steam electric generating plant—Sale of bonds. 43.21A.630 Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities. 43.21A.632 Steam electric generating plant—Rates or charges. 43.21A.634 Steam electric generating plant—Refunding revenue bonds. 43.21A.636 Steam electric generating plant—Signatures on bonds. 43.21A.638 Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement. 43.21A.640 Steam electric generating plant—Bonds are legal security, investment, negotiable. 43.21A.642 Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution. 43.21A.650 Freshwater aquatic weeds account. (2010 Ed.) 43.21A.030 43.21A.660 Freshwater aquatic weeds management program. 43.21A.662 Freshwater aquatic weeds management program—Advisory committee. 43.21A.667 Freshwater aquatic algae control account—Freshwater aquatic algae control program—Reports to the legislature. 43.21A.680 Solid waste plan advisory committee abolished. 43.21A.681 Geoduck aquaculture operations—Guidelines—Rules. 43.21A.690 Cost-reimbursement agreements. 43.21A.900 Chapter to be liberally construed. 43.21A.910 Savings—Permits, standards not affected—Severability— Effective date—1970 ex.s. c 62. Funding for radiation monitoring programs, department of ecology to seek: RCW 70.98.122. Metals mining and milling operations, department of ecology responsibilities: Chapter 78.56 RCW. Minimum flows and levels—Departmental authority exclusive—Other recommendations considered: RCW 90.03.247. 43.21A.005 Intent—Public involvement and outreach. See RCW 43.20A.005. 43.21A.005 43.21A.010 Legislative declaration of state policy on environment and utilization of natural resources. The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use of its natural resources. The legislature further recognizes that as the population of our state grows, the need to provide for our increasing industrial, agricultural, residential, social, recreational, economic and other needs will place an increasing responsibility on all segments of our society to plan, coordinate, restore and regulate the utilization of our natural resources in a manner that will protect and conserve our clean air, our pure and abundant waters, and the natural beauty of the state. [1970 ex.s. c 62 § 1.] 43.21A.010 Additional notes found at www.leg.wa.gov 43.21A.020 Purpose. In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the department of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70.95 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature. [1970 ex.s. c 62 § 2.] 43.21A.020 43.21A.030 Definitions. As used in this chapter, unless the context indicates otherwise: (1) "Department" means the department of ecology. (2) "Director" means the director of the department of ecology. 43.21A.030 [Title 43 RCW—page 141] 43.21A.040 Title 43 RCW: State Government—Executive (3) "Commission" means the ecological commission. [1970 ex.s. c 62 § 3.] 43.21A.040 Department of ecology—Created. There is created a department of state government to be known as the department of ecology. [1970 ex.s. c 62 § 4.] 43.21A.040 43.21A.050 Department of ecology—Director— Appointment—Powers and duties—Salary—Temporary appointment when vacancy. The executive and administrative head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate. He or she shall have complete charge of and supervisory powers over the department. He or she shall be paid a salary fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position. [2009 c 549 § 5081; 1970 ex.s. c 62 § 5.] 43.21A.050 43.21A.061 Powers and duties—Reclamation. The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to the reclamation and development of arid, swamp, overflow, and logged-off lands in the state and such other duties as may be prescribed by law. [1987 c 109 § 26; 1965 c 8 § 43.21.110. Prior: 1921 c 7 § 70; RRS § 10828. Formerly RCW 43.21.110.] 43.21A.061 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 43.21A.064 Powers and duties—Water resources. Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties: (1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith; (2) Insofar as may be necessary to assure safety to life or property, the director shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property; (3) The director shall regulate and control the diversion of water in accordance with the rights thereto; (4) The director shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes; (5) The director shall, if requested, provide assistance to an applicant for a water right in obtaining or developing an adequate and appropriate supply of water consistent with the land use permitted for the area in which the water is to be used and the population forecast for the area under RCW 43.62.035. If the applicant is a public water supply system, the supply being sought must be used in a manner consistent 43.21A.064 [Title 43 RCW—page 142] with applicable land use, watershed and water system plans, and the population forecast for that area provided under RCW 43.62.035; (6) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. The director shall keep a seal of the office, and all certificates covering any of the director’s acts or the acts of the director’s office, or the records and files of that office, under such seal, shall be taken as evidence thereof in all courts; (7) The director shall render when required by the governor, a full written report of the office’s work with such recommendations for legislation as the director deems advisable for the better control and development of the water resources of the state; (8) The director and duly authorized deputies may administer oaths; (9) The director shall establish and promulgate rules governing the administration of chapter 90.03 RCW; (10) The director shall perform such other duties as may be prescribed by law. [1997 c 443 § 2; 1995 c 8 § 3; 1977 c 75 § 46; 1965 c 8 § 43.21.130. Prior: 1961 c 19 § 1; prior: (i) 1951 c 57 § 3; 1921 c 7 § 72; RRS § 10830. (ii) 1951 c 57 § 3; 1917 c 117 § 8; RRS § 7358. Formerly RCW 43.21.130.] Finding—Intent—1997 c 443: "The legislature finds that there is a need for development of additional water resources to meet the forecasted population growth in the state. It is the intent of chapter 443, Laws of 1997 to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water supply systems can be accomplished through assistance in the creation of municipal interties and transfers, additional storage capabilities, enhanced conservation efforts, and added efficiency standards for using existing supplies." [1997 c 443 § 1.] Findings—1995 c 8: "The legislature finds and declares: (1) The federal energy regulatory commission, under the federal power act, licenses hydropower projects in navigable waters and regularly and extensively inspects facilities for safety; and (2) Nothing in this act alters or affects the department of ecology’s authority to: (a) Participate in the federal process of licensing hydropower projects; or (b) ensure that hydropower projects comply with federal statutes such as the coastal zone management act and the clean water act and, subject to RCW 43.21A.068, all applicable state law." [1995 c 8 § 1.] Review of permit applications to divert and store water, water flow policy: RCW 77.57.020. Water power development, license fees: RCW 90.16.050, 90.16.060, 90.16.090. 43.21A.067 Water resources—"Basic data fund" created. The director of ecology may create within his or her department a fund to be known as the "basic data fund." Into such fund shall be deposited all moneys contributed by persons for stream flow, groundwater and water quality data or other hydrographic information furnished by the department in cooperation with the United States geological survey, and the fund shall be expended on a matching basis with the United States geological survey for the purpose of obtaining additional basic information needed for an intelligent inventory of water resources in the state. Disbursements from the basic data fund shall be on vouchers approved by the department and the district engineer of the United States geological survey. [2009 c 549 § 5082; 1987 c 109 § 27; 1967 c 53 § 1; 1965 c 8 § 43.21.140. 43.21A.067 (2010 Ed.) Department of Ecology Prior: 1951 c 57 § 4; 1943 c 30 § 1; Rem. Supp. 1943 § 55051. Formerly RCW 43.21.140.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 43.21A.068 Federal power act licensees—Exemption from state requirements. (1) With respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to: (a) Submit proposals, plans, specifications, or other documents for approval by the department; (b) Seek a permit, license, or other form, permission, or authorization from the department; (c) Submit to inspection by the department; or (d) Change the design, construction, modification, maintenance, or operation of such facilities at the demand of the department. (2) For the purposes of this section, "licensee" means an owner or operator, or any employee thereof, of a dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act. [1995 c 8 § 2.] 43.21A.068 Findings—1995 c 8: See note following RCW 43.21A.064. 43.21A.069 Powers and duties—Flood control. The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to flood control. [1987 c 109 § 28; 1965 c 8 § 43.21.160. Prior: 1941 c 204 § 2, part; Rem. Supp. 1941 § 9663F-2, part. Formerly RCW 43.21.160.] 43.21A.069 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 43.21A.070 Application of administrative procedure act to the review of decisions by director. The administrative procedure act, chapter 34.05 RCW, shall apply to the review of decisions by the director to the same extent as it applied to decisions issued by the directors of the various departments whose powers, duties and functions are transferred by chapter 62, Laws of 1970 ex. sess. to the department of ecology. The administrative procedure act shall further apply to all other decisions of the director as in chapter 34.05 RCW provided. [1970 ex.s. c 62 § 7.] 43.21A.070 43.21A.080 Rule-making authority. The director of the department of ecology is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter: PROVIDED, That the director may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute’s intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt the rule. [1995 c 403 § 103; 1970 ex.s. c 62 § 8.] 43.21A.080 Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Additional notes found at www.leg.wa.gov 43.21A.085 Technical assistance officer and units— Coordination of voluntary compliance with regulatory 43.21A.085 (2010 Ed.) 43.21A.100 laws. The department, to the greatest extent possible, within available resources and without jeopardizing the department’s ability to carry out its legal responsibilities, may designate one or more of its employees as a technical assistance officer, and may organize the officers into one or more technical assistance units within the department. The duties of a technical assistance officer are to coordinate voluntary compliance with the regulatory laws administered by the department and to provide technical assistance concerning compliance with the laws. [1992 c 19 § 1.] 43.21A.087 Technical assistance officer and units— Authority to issue orders or assess penalties. (1) An employee designated by the department as a technical assistance officer or as a member of a technical assistance unit may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the department. Such an employee who provides on-site consultation at an industrial or commercial facility and who observes violations of the law shall inform the owner or operator of the facility of the violations. On-site consultation visits by such an employee may not be regarded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations of the law must be reported to the appropriate officers within the department. If the owner or operator of the facility does not correct the observed violations within a reasonable time, the department may reinspect the facility and take appropriate enforcement action. If a technical assistance officer or member of a technical assistance unit observes a violation of the law that places a person in danger of death or substantial bodily harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars, the department may initiate enforcement action immediately upon observing the violation. (2) The state, the department, and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from the performance by technical assistance officers of their duties, or if liability is asserted to arise from the failure of the department to supply technical assistance. [1992 c 19 § 2.] 43.21A.087 43.21A.090 Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations. All powers, duties and functions transferred to the department by the terms of chapter 62, Laws of 1970 ex. sess. shall be performed by the director: PROVIDED, That the director may delegate, by appropriate rule or regulation, the performance of such of his or her powers, duties, and functions, other than those relating to the adoption, amendment or rescission of rules and regulations, to employees of the department whenever it appears desirable in fulfilling the policy and purposes of this chapter. [2009 c 549 § 5083; 1970 ex.s. c 62 § 9.] 43.21A.090 43.21A.100 Departmental administrative divisions— Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries. In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divi43.21A.100 [Title 43 RCW—page 143] 43.21A.120 Title 43 RCW: State Government—Executive sions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be needed to administer the several divisions within the department. The deputy director shall have charge and general supervision of the department in the absence or disability of the director. In the case of a vacancy in the office of director, the deputy director shall administer the department until the governor appoints a successor to the director or an acting director. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW 41.06.073, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law. [2009 c 549 § 5084; 1970 ex.s. c 62 § 10.] 43.21A.120 43.21A.120 Director to employ personnel—Application of state civil service law. The director shall have the power to employ such personnel as may be necessary for the general administration of this chapter: PROVIDED, That except as specified in RCW 41.06.073, such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 RCW. [1970 ex.s. c 62 § 12.] sible and endorse policies in common. [2009 c 549 § 5085; 1979 c 141 § 67; 1970 ex.s. c 62 § 14.] 43.21A.150 Director to consult with other states, federal government and Canadian provinces—Authority to receive and disburse grants, funds and gifts. The director, whenever it is lawful and feasible to do so, shall consult and cooperate with the federal government, as well as with other states and Canadian provinces, in the study and control of environmental problems. On behalf of the department, the director is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies, for the purpose of carrying out the provisions of this chapter. [1970 ex.s. c 62 § 15.] 43.21A.150 43.21A.155 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [1997 c 381 § 20.] 43.21A.155 Purpose—1997 c 381: See RCW 43.21K.005. 43.21A.130 43.21A.130 Studies—Limitations. (1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air; however, in the absence of specific legislative authority, such studies shall be limited to investigations of particular problems, and shall not be implemented by positive action. (2)(a) Any studies conducted by the department to establish the total maximum daily load of a water body under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed planning group established in chapter 90.82 RCW, the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the department of his or her interest in participating. Technical or procedural disputes or disagreements that arise during the participation and comment process may be presented to the director for review. The director shall conduct a review of the disputed items and issue written findings and conclusions to all interested participants. (b) If a study conducted on the total maximum daily load of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW, the department must disclose prior to the finalization of the study the precision and accuracy of data collected, computer models developed, and assumptions used. [2002 c 364 § 1; 1987 c 505 § 28; 1980 c 87 § 22; 1970 ex.s. c 62 § 13.] 43.21A.140 43.21A.140 Director to consult with department, state board of health. The director in carrying out his or her powers and duties under this chapter shall consult with the department of social and health services and the state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of life and health may integrate their efforts to the fullest extent pos[Title 43 RCW—page 144] 43.21A.160 Request for certification of records as confidential—Procedure. Whenever any records or other information furnished under the authority of this chapter to the director, the department, or any division of the department, relate to the processes of production unique to the owner or operator thereof, or may affect adversely the competitive position of such owner or operator if released to the public or to a competitor, the owner or operator of such processes or production may so certify, and request that such information or records be made available only for the confidential use of the director, the department, or the appropriate division of the department. The director shall give consideration to the request, and if such action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of this chapter, may grant the same. [1970 ex.s. c 62 § 16.] 43.21A.160 43.21A.165 Environmental technology—Review of certification programs—Demonstration activities. (1) The legislature finds that: (a) New and innovative environmental technologies can help improve environmental quality at lower costs; (b) Current regulatory processes often include permits or approvals that require applicants to duplicate costly technical analysis; (c) The commercialization of innovative environmental technologies can be discouraged due to the costs of repeated environmental analysis; (d) The regulatory process can be improved by sharing and relying on information generated through demonstration projects and technical certification programs; and (e) Other states have developed programs to certify environmental technologies in order to streamline the permitting process and to encourage use of environmental technologies. 43.21A.165 (2010 Ed.) Department of Ecology (2) The legislature therefore declares that the department shall: (a) Review environmental technology certification programs established by other states or federal agencies, and enter into agreements to use the information from these programs if the department finds that this information will improve the efficiency and effectiveness of the state’s environmental regulatory process; and (b) Participate in technology demonstration activities that support the state’s needs for environmental technology. [1997 c 419 § 1.] 43.21A.175 Environmental certification programs— Fees—Rules—Liability. (1) At the request of a project proponent, the department shall consider information developed through a certification program when making permit or other regulatory decisions. The department may not require duplicative demonstration of such information, but may require additional information as necessary to assure that state requirements are met. A local government that has a regulatory authority delegated by the department may use information developed through a certification program when making permit or other regulatory decisions. (2) The department shall develop a certification program for technologies for remediation of radioactive and mixed waste, as those terms are defined in chapter 70.105 RCW, if all program development and operational costs are paid by the federal government or persons seeking certification of the technologies. (3) Following the development of the certification program in subsection (2) of this section, the department may use the policies and procedures of that program on a pilot basis to evaluate the use of certification for site remediation technologies and other environmental technologies, if the operational costs of the certification are paid by the federal government or persons seeking certification of such technologies. (4) The department shall charge a reasonable fee to recover the operational costs of certifying a technology. (5) Subsections (1), (3), and (4) of this section apply to permit and other regulatory decisions made under the following: Chapters 70.94, 70.95, 70.105, 70.105D, 70.120, 70.138, 90.48, 90.54, and 90.56 RCW. (6) For the purposes of this section, "certification program" means a program, developed or approved by the department, to certify the quantitative performance of an environmental technology over a specified range of parameters and conditions. Certification of a technology does not imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology. (7) The department may adopt rules as necessary to implement the requirements of subsections (2) and (3) of this section, and establish requirements and procedures for evaluation and certification of environmental technologies. (8) The state, the department, and officers and employees of the state shall not be liable for damages resulting from the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section are not decisions reviewable under RCW 43.21B.110. [1997 c 419 § 2.] 43.21A.175 (2010 Ed.) 43.21A.350 43.21A.230 Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department. The director of ecology may certify environmental laboratories which conduct tests or prepare data for submittal to the department. Fees for certification may be charged by the department to cover the department’s costs. Such certification may consider: (1) Evaluating protocols and procedures; (2) Determining the accuracy and reliability of test results, including internal quality assurance and quality control procedures and proficiency at analyzing test samples supplied by the department; (3) Certifying laboratories based on prior certification by another state or federal agency whose certification requirements are deemed satisfactory by the director; and (4) Such other factors as the director considers appropriate. The director of ecology may require that any person submitting laboratory data or test results to the department use laboratories certified by the department or laboratories which participate in quality assurance programs administered by the federal environmental protection agency. Persons receiving a federal permit for wastewater discharge who operate a lab solely for their own use and who require certification for only conventional pollutants shall not be charged an annual certification fee in excess of the actual costs of providing the certification or four thousand dollars, whichever is less. Conventional pollutants as used in this subsection means those conventional pollutants regulated under the federal clean water act (33 U.S.C. Sec. 1314). Fees and lab quality control requirements for persons receiving state or federal wastewater discharge permits shall not be implemented before September 30, 1988. The department shall not duplicate any laboratory quality control requirements imposed by the United States environmental protection agency. [1987 c 481 § 1.] 43.21A.230 43.21A.235 Exemption from laboratory certification and fee requirements. Laboratories owned by persons holding wastewater discharge permits and operated solely for their own use which participate in quality assurance programs administered by the federal environmental protection agency shall be exempt from certification and fee requirements for the specific methods and tests which are the subject of such quality assurance programs. [1987 c 481 § 2.] 43.21A.235 43.21A.250 Pollution control hearings board of the state as affecting department, director and commission. See chapter 43.21B RCW. 43.21A.250 43.21A.350 Master plan of development. The department of ecology shall prepare and perfect from time to time a state master plan for flood control, state public reservations, financed in whole or in part from moneys collected by the state, sites for state public buildings and for the orderly development of the natural and agricultural resources of the state. The plan shall address how the department will expedite the completion of projects of statewide significance. The plan shall be a guide in making recommendations to the officers, boards, commissions, and departments of the state. 43.21A.350 [Title 43 RCW—page 145] 43.21A.355 Title 43 RCW: State Government—Executive Whenever an improvement is proposed to be established by the state, the state agency having charge of the establishment thereof shall request of the director a report thereon, which shall be furnished within a reasonable time thereafter. In case an improvement is not established in conformity with the report, the state agency having charge of the establishment thereof shall file in its office and with the department a statement setting forth its reasons for rejecting or varying from such report which shall be open to public inspection. The department shall insofar as possible secure the cooperation of adjacent states, and of counties and municipalities within the state in the coordination of their proposed improvements with such master plan. [2009 c 421 § 7; 1997 c 369 § 6; 1987 c 109 § 29; 1965 c 8 § 43.21.190. Prior: 1957 c 215 § 22; 1933 ex.s. c 54 § 3; RRS § 10930-3. Formerly RCW 43.21.190.] Effective date—2009 c 421: See note following RCW 43.157.005. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Industrial project of statewide significance—Defined: RCW 43.157.010. 43.21A.355 43.21A.355 Master plan of development—Public hearings. The director may hold public hearings, in connection with any duty prescribed in RCW 43.21A.350 and may compel the attendance of witnesses and the production of evidence. [1988 c 127 § 7; 1965 c 8 § 43.21.200. Prior: 1957 c 215 § 23; 1933 ex.s. c 54 § 4; RRS § 10930-4. Formerly RCW 43.21.200.] 43.21A.410 Marine pollution—Baseline study program established—Utilization of related programs— Coordination—Contracts. As part of the state effort to prevent and control oil pollution, a continuing, comprehensive program of systematic baseline studies for the waters of the state shall be established by the department of ecology. Full utilization of related historical data shall be made in planning these studies. Data from these and other scientific investigation s m a de pu rsu an t to RCW 4 3. 21 A.4 05 th rou gh 43.21A.420 should, whenever possible, have multiple use, including use as supporting evidence of environmental damage resulting from oil pollution, as indicators of the potential or existing risks and impacts of oil pollution, as aids to developing a methodology for implementing the reduction of risks, and as aids to maintaining water quality standards. A baseline study program shall take full advantage of the data and information produced by related programs, such as the marine ecosystems analysis (MESA) program of the national oceanic and atmospheric administration, studies and inventories made pursuant to the state shorelines management act of 1971, and others. All phases of the program, including planning, operations, data analysis, interpretation, storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent with appropriate governmental, academic, and industrial organizations. Whenever possible, the department shall contract with existing state agencies, boards, commissions, and institutions of higher education for the scientific investigation programs to be conducted. [1973 2nd ex.s. c 30 § 2.] 43.21A.410 43.21A.415 Marine pollution—Baseline study program—Scope of database produced. The database produced by such studies should include chemical, physical, and biological parameters of the waters, complete information on marine pollution accidents, and an economic evaluation of the marine resources and shoreline properties that may be damaged or impaired by oil pollution. Where oceanographic and water quality instrumentation is used to gather data, such instruments shall be standardized and intercalibrated. [1973 2nd ex.s. c 30 § 3.] 43.21A.415 43.21A.405 43.21A.405 Marine pollution—Baseline study program—Legislative finding and declaration. The legislature recognizes that there exists a great risk of potential damage from oil pollution of the waters of the state of Washington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is expected to increase in future years in proportion to the increase in the size and cargo capacity of ships, barges, and other waterborne carriers, the construction and operational characteristics of these carriers, the density of waterborne traffic, and the need for a greater supply of petroleum products. A program of systematic baseline studies to be conducted by the department of ecology has been recognized as a vital part of the efforts to reduce the risk of oil pollution of marine waters, and the legislature recognizes that many factors combine to make this effort one of considerable magnitude and difficulty. The marine shoreline of the state is about two thousand seven hundred miles long, a greater length than the combined coastlines of Oregon and California. There are some three million acres of submerged land and more than three hundred islands in these marine waters. The average depth of Puget Sound is two hundred twenty feet. There is a great diversity of animal life in the waters of the state. These waters have a multitude of uses by both humans and nonhumans, and the interaction between human activities and natural processes in these waters varies greatly with locale. [2010 c 8 § 7001; 1973 2nd ex.s. c 30 § 1.] Oil and hazardous substances pollution: RCW 90.56.010 through 90.56.280. [Title 43 RCW—page 146] 43.21A.420 Marine pollution—Baseline study program—Priority factors. In planning the state baseline studies program, priority shall be given to those waters (1) in which the greatest risk of damage from oil spills exists; (2) which contain marine and fresh water life that is particularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3) which are used or may be used for the harvesting, gathering, or production of food or food products. [1973 2nd ex.s. c 30 § 4.] 43.21A.420 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles—Department’s powers restricted in respect thereto. The department of ecology may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance of a catalytic converter in the exhaust system of any motor vehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any catalytic converter in the exhaust system of any such vehicle may be lawfully removed. [1977 ex.s. c 264 § 1.] 43.21A.430 (2010 Ed.) Department of Ecology 43.21A.440 Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act. The department of ecology is authorized to participate fully in and is empowered to administer all programs of the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as it exists on July 24, 1983, contemplated for state participation and administration under that act. [1983 c 270 § 3.] 43.21A.440 Additional notes found at www.leg.wa.gov 43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments. The department of ecology, the department of natural resources, the department of health, and the *oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs of Part C of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300h et seq.), as it exists on June 19, 1986, contemplated for state participation in administration under the act. The department of ecology, in the implementation of powers provided herein shall enter into agreements of administration with the departments of health and natural resources and the *oil and gas conservation committee to administer those portions of the state program, approved under the federal act, over which the said departments and committee have primary subject-matter authority under existing state law. The departments of health and natural resources and the *oil and gas conservation committee are empowered to enter into such agreements and perform the administration contained therein. [1989 1st ex.s. c 9 § 218; 1988 c 279 § 1; 1983 c 270 § 4.] 43.21A.445 *Reviser’s note: The duties of the oil and gas conservation committee were transferred to the department of natural resources by 1994 sp.s. c 9. Adoption of rules for on-site sewage disposal systems adjacent to marine waters: RCW 90.48.264. Drinking water quality consumer complaints: RCW 80.04.110. Additional notes found at www.leg.wa.gov 43.21A.450 Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized. (1) The legislature recognizes the need for the state of Washington to implement an understanding reached with the Province of British Columbia in relation to a joint venture with British Columbia for controlling the outflow and level of Lake Osoyoos, an international lake, and in connection therewith to replace an existing lake control structure on the Okanogan river in Washington state which has been classified as deteriorated and unsafe. (2) For the purpose of implementing subsection (1) of this section, the department of ecology may acquire, design, construct, own, operate, and maintain a project to be known as the Lake Osoyoos International Water Control Structure and may acquire all real property interests necessary thereto by purchase, grant, gift, or eminent domain; provided that the authority of eminent domain as granted to the department under this section is limited to acquiring property necessary for access to the control structure, location of abutments for the control structure, and flowage easements if necessary. 43.21A.450 (2010 Ed.) 43.21A.510 (3) The department may accept and administer grants or gifts from any source for the purpose of carrying out subsection (2) of this section. (4) The department may exercise its powers under subsection (2) of this section directly or through contracts, except that it may not delegate its authority of eminent domain. The department may also enter into agreements with any public or municipal corporation with respect to operation and maintenance of the project authorized under subsection (2) of this section. [1985 c 27 § 1; 1982 c 76 § 1.] Intent—1985 c 27; 1982 c 76: "It is the intent of this legislature in enacting RCW 43.21A.450 that total capital costs for the said project be shared equally by Washington state and British Columbia." [1985 c 27 § 2; 1982 c 76 § 2.] 43.21A.470 Yakima enhancement project—Duties— Request for congressional authorization for pipeline. (1) The director of the department of ecology shall: (a) Continue to participate with the federal government in its studies of the Yakima enhancement project and of options for future development of the second half of the Columbia Basin project; (b) Vigorously represent the state’s interest in said studies, particularly as they relate to protection of existing water rights and resolution of conflicts in the adjudication of the Yakima river within the framework of state water rights law and propose means of resolving the conflict that minimize adverse effects on the various existing uses; (c) As a cooperative federal and nonfederal effort, work with members of the congressional delegation to identify and advance, subject to the limitations in subsection (2) of this section, for federal authorization elements of the Yakima enhancement project which: Have general public support and acceptable cost-sharing arrangements, meet study objectives, and otherwise have potential for early implementation; and (d) In developing acceptable cost-sharing arrangements, request federal recognition of state credit for expenditures of moneys from Washington state utility ratepayers. (2) In the interest of promoting cooperation between all interested parties and to effectuate the efficient and satisfactory implementation of the Yakima enhancement project, the state requests that Congress authorize the construction of a pipeline between Keechelus Lake and Kachess Lake as one of the elements of early implementation of the Yakima enhancement project for the purpose of supplying the water which is demanded for and caused by the operation of the fish passage facilities at the Easton Dam. The department, in concert with other state agencies, shall work diligently to assure that the pipeline element is included in the federal legislation. [1987 c 517 § 1; 1986 c 316 § 3.] 43.21A.470 43.21A.510 State environmental profile. In order to assist the *department of community, trade, and economic development in providing information to businesses interested in locating in Washington state, the department shall develop an environmental profile of the state. This profile shall identify the state’s natural resources and describe how these assets are valuable to industry. Examples of information to be included are water resources and quality, air qual43.21A.510 [Title 43 RCW—page 147] 43.21A.515 Title 43 RCW: State Government—Executive ity, and recreational opportunities related to natural resources. [1995 c 399 § 66; 1985 c 466 § 51; 1984 c 94 § 2.] period to be determined by the department. [2010 1st sp.s. c 7 § 87; 1989 c 431 § 47; 1987 c 67 § 1.] *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Findings—1984 c 94: "The legislature finds (1) that a locality’s natural environment is an important factor in determining where new businesses will locate, (2) that environmental regulations that preserve the quality of the environment can enhance economic development and the determination by new businesses where to locate and can lead to the creation of jobs and new industries, and (3) that some areas of the state have been and might be handicapped in their economic development efforts because of perceived environmental problems. Thus, the legislature declares that it is the policy of this state to recognize and emphasize the importance of the state’s natural environment in its economic development efforts in attracting and maintaining businesses." [1984 c 94 § 1.] Additional notes found at www.leg.wa.gov 43.21A.515 Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided. In order to emphasize the importance of the state’s environmental laws and regulations and to facilitate compliance with them, the department of ecology shall provide assistance to businesses interested in locating in Washington state. When the *department of community, trade, and economic development receives a query from an interested business through its industrial marketing activities, it shall arrange for the department of ecology to provide information on the state’s environmental laws and regulations and methods of compliance. This section shall facilitate compliance with state environmental laws and regulations and shall not weaken their application or effectiveness. [1995 c 399 § 67; 1985 c 466 § 52; 1984 c 94 § 3.] 43.21A.515 *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—1984 c 94: See note following RCW 43.21A.510. Additional notes found at www.leg.wa.gov 43.21A.600 Powers and duties—Electric power resources. The department shall make studies and surveys, collect, compile and disseminate information and statistics to facilitate development of the electric power resources of the state by public utility districts, municipalities, electric cooperatives, joint operating agencies and public utility companies. The director may cause studies to be made relating to the construction of steam generating plants using any available fuel and their integration with hydro-electric facilities. He or she may cause designs for any such plant to be prepared. He or she shall employ such engineers and other experts and assistants as may be necessary to carry out his or her power resources functions. [2009 c 549 § 5086; 1988 c 127 § 8; 1965 c 8 § 43.21.220. Prior: 1957 c 284 § 2. Formerly RCW 43.21.220.] 43.21A.600 Joint operating agencies: Chapter 43.52 RCW. 4 3 . 2 1 A . 6 0 5 De v e lo p me n t o f e l e ct r i c p o we r resources—Cooperation with governmental units. The director may represent the state and aid and assist the public utilities therein to the end that its resources shall be properly developed in the public interest insofar as they affect electric power and to this end he or she shall cooperate and may negotiate with Canada, the United States, the states thereof and their agencies to develop and integrate the resources of the region. [2009 c 549 § 5087; 1988 c 127 § 9; 1965 c 8 § 43.21.230. Prior: 1957 c 284 § 3. Formerly RCW 43.21.230.] 43.21A.605 Additional notes found at www.leg.wa.gov 43.21A.610 Steam electric generating plant— Study—Construction. The director shall continue the study of the state power commission made in 1956 relating to the construction of a steam power electric generating plant, and if the construction of a steam electric generating plant is found to be feasible by the director, the director may construct such plant at a site determined by him or her to be feasible and operate it as a state owned facility. [2009 c 549 § 5088; 1988 c 127 § 10; 1965 c 8 § 43.21.250. Prior: 1957 c 275 § 3. Formerly RCW 43.21.250.] 43.21A.610 43.21A.520 Environmental excellence awards program for products. (1) The department of ecology shall develop and implement an environmental excellence awards program that recognizes products that are produced, labeled, or packaged in a manner that helps ensure environmental protection. The award shall be in recognition of products that are made from recycled materials, easy to recycle, substitute for more hazardous products, or otherwise help protect the environment. Application for the award shall be voluntary. The awards may be made in a variety of product categories including, but not limited to: (a) Paint products; (b) Cleaning products; (c) Pest control products; (d) Automotive, marine, and related maintenance products; (e) Hobby and recreation products; and (f) Any other product available for retail or wholesale sale. (2) Products receiving an environmental excellence award pursuant to this section shall be entitled to display a logo or other symbol developed by the department to signify the award. Awards shall be given each year to as many products as qualify. The award logo may be displayed for a 43.21A.520 [Title 43 RCW—page 148] 43.21A.612 Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development. Before the director shall construct said steam generating facility within the state, or make application for any permit, license or other right necessary thereto, the director shall give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which such project is located a statement of intention setting forth the general nature, extent and location of the project. If any public utility in the state or any operating agency desires to construct such facility, such utility or operating agency shall notify the director thereof within 43.21A.612 (2010 Ed.) Department of Ecology ten days after the last date of publication of such notice. If the director determines that it is in the best public interest that the director proceed with such construction rather than the public utility or operating agency, the director shall so notify the *director of community, trade, and economic development, who shall set a date for hearing thereon. If after considering the evidence introduced the *director of community, trade, and economic development finds that the public utility or operating agency making the request intends to immediately proceed with such construction and is financially capable of carrying out such construction and further finds that the plan of such utility or operating agency is equally well adapted to serve the public interest, the director shall enter an order so finding and such order shall divest the director of authority to proceed further with such construction or acquisition until such time as the other public utility or agency voluntarily causes an assignment of its right or interest in the project to the director or fails to procure any further required governmental permit, license or authority or having procured such, has the same revoked or withdrawn, in accordance with the laws and regulations of such governmental entity, in which event the director shall have the same authority to proceed as though the director had originally entered an order so authorizing the director to proceed. If, after considering the evidence introduced, the *director of community, trade, and economic development finds that the public utility or agency making the request does not intend to immediately proceed with such construction or acquisition or is not financially capable of carrying out such construction or acquisition, or finds that the plan of such utility or operating agency is not equally well adapted to serve the public interest, the director shall then enter an order so finding and authorizing the director to proceed with the construction or acquisition of the facility. [1995 c 399 § 68; 1988 c 127 § 11; 1985 c 466 § 49; 1965 c 8 § 43.21.260. Prior: 1957 c 275 § 4. Formerly RCW 43.21.260.] *Reviser’s note: The "director of community, trade, and economic development" was changed to the "director of commerce" by 2009 c 565. Additional notes found at www.leg.wa.gov 43.21A.614 43.21A.614 Steam electric generating plant—Powers of director in constructing, operating and maintaining. In order to construct, operate and maintain the single steam power electric generating plant provided for in RCW 43.21A.610 the director shall have authority: (1) To generate, produce, transmit, deliver, exchange, purchase or sell electric energy and to enter into contracts for any or all such purposes. (2) To construct, condemn, purchase, lease, acquire, add to, extend, maintain, improve, operate, develop and regulate such steam electric power plant, work and facilities for the generation and/or transmission of electric energy and to take, condemn, purchase, lease and acquire any real or personal, public or private property, franchise and property rights, including but not limited to state, county and school lands and properties, for any of the purposes herein set forth and for any facilities or works necessary or convenient for use in the construction, maintenance or operation of such work, plant and facilities; providing that the director shall not be authorized to acquire by condemnation any plant, work and facility (2010 Ed.) 43.21A.616 owned and operated by any city or district, or by a privately owned public utility. (3) To apply to the appropriate agencies of the state of Washington, the United States or any state thereof, or to any other proper agency for such permits, licenses or approvals as may be necessary, and to construct, maintain and operate facilities in accordance with such licenses or permits, and to obtain, hold and use such licenses and permits in the same manner as any other person or operating unit. (4) To establish rates for electric energy sold or transmitted by the director. When any revenue bonds or warrants are outstanding the director shall have the power and shall be required to establish and maintain and collect rates or charges for electric energy furnished or supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenues sufficient for the payment of the principal and interest on such bonds or warrants and all payments which the director is obligated to set aside in any special fund or funds created for such purposes, and for the proper operation and maintenance of the public utility owned by the director and all necessary repairs, replacements and renewals thereof. (5) To employ legal, engineering and other professional services and fix the compensation of a managing director and such other employees as the director may deem necessary to carry on its business, and to delegate to such manager or other employees such authority as the director shall determine. Such manager and employees shall be appointed for an indefinite time and be removable at the will of the director. [1988 c 127 § 12; 1965 c 8 § 43.21.270. Prior: 1957 c 275 § 5. Formerly RCW 43.21.270.] 43.21A.616 43.21A.616 Steam electric generating plant—Eminent domain. For the purpose of carrying out any or all of the powers herein granted the director shall have the power of eminent domain for the acquisition of either real or personal property used or useful in connection with the construction of facilities authorized hereunder. Actions in eminent domain pursuant to RCW 43.21A.610 through 43.21A.642 shall be brought in the name of the state in any court of competent jurisdiction under the procedure set out in chapter 8.04 RCW. The director may institute condemnation proceedings in the superior court of any county in which any of the property sought to be condemned is located or in which the owner thereof does business, and the court in any such action shall have jurisdiction to condemn property wherever located within the state. It shall not be necessary to allege or prove any offer to purchase or inability to agree with the owners thereof for the purchase of any such property in said proceedings. Upon the filing of a petition for condemnation, as provided in this section, the court may issue an order restraining the removal from the jurisdiction of the state of any personal property sought to be acquired by the proceedings during the pendency thereof. The court shall further have the power to issue such orders or process as shall be necessary to place the director into possession of any property condemned. [1988 c 127 § 13; 1965 c 8 § 43.21.280. Prior: 1957 c 275 § 6. Formerly RCW 43.21.280.] [Title 43 RCW—page 149] 43.21A.618 Title 43 RCW: State Government—Executive 43.21A.618 Steam electric generating plant—State not financially obligated—Separation and expenditure of funds. The director shall have no right or power to impose any debt nor to suffer or create any financial obligation upon the state of Washington or its subdivisions in the execution of RCW 43.21A.610 through 43.21A.642. No revenues received by the director for the sale of electricity or otherwise, shall be expended except for the payment of lawful obligations of the director and all such revenues and receipts shall be kept and maintained in a separate fund. [1988 c 127 § 14; 1965 c 8 § 43.21.290. Prior: 1957 c 275 § 7. Formerly RCW 43.21.290.] 43.21A.618 43.21A.620 Steam electric generating plant—Revenue bonds and warrants. For the purposes provided for in RCW 43.21A.610 through 43.21A.642, the state finance committee shall, upon being notified to do so by the director, issue revenue bonds or warrants payable from the revenues from the steam electric plant provided for in RCW 43.21A.610. When the director deems it advisable that he or she acquire or construct said steam electric plant or make additions or betterments thereto, he or she shall so notify the state finance committee and he or she shall also notify the state finance committee as to the plan proposed, together with the estimated cost thereof. The state finance committee, upon receiving such notice, shall provide for the construction thereof and the issuance of revenue bonds or warrants therefor by a resolution which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof, as nearly as may be, including as part of the cost, funds necessary for working capital for the operation of such utility and the payment of the expenses incurred in the acquisition or construction thereof. Such resolution shall specify that utility revenue bonds are to be issued to defray the cost thereof and the amount of such bonds to be issued. Bonds issued under the provisions of RCW 43.21A.610 through 43.21A.642 shall distinctly state that they are not a general obligation of the state. [2009 c 549 § 5089; 1988 c 127 § 15; 1965 c 8 § 43.21.300. Prior: 1957 c 275 § 8. Formerly RCW 43.21.300.] 43.21A.620 43.21A.622 Steam electric generating plant—Special funds—Payment of bonds, interest. When the state finance committee issues revenue bonds as provided in RCW 43.21A.620, it shall, as a part of the plan and system, request the state treasurer to establish a special fund or funds to defray the cost of the steam electric utility, or additions or betterments thereto or extensions thereof. The state finance committee may obligate and bind the director to set aside and pay to the state treasurer for deposit into such fund or funds a fixed proportion of the gross revenue of the steam electric utility and all additions or betterments thereto or extensions thereof, or any fixed amount out of, and not exceeding the fixed proportion of such revenue, or a fixed amount without regard to any fixed proportion, or an amount of the revenue equal to a fixed percentage of the aggregate principal amount of revenue bonds at any time issued against the special fund or funds. It may issue and sell utility bonds payable as to both principal and interest only out of such fund or funds. The revenue bonds shall be payable at such places and times, both as to principal and interest, and bear interest at 43.21A.622 [Title 43 RCW—page 150] such rates payable semiannually as the state finance committee shall determine. [1988 c 127 § 16; 1965 c 8 § 43.21.310. Prior: 1957 c 275 § 9. Formerly RCW 43.21.310.] 43.21A.624 Steam electric generating plant—Considerations in issuance of bonds, limitations. In the issuance of any bonds hereunder the state finance committee shall have due regard to the cost of operation and maintenance of the steam electric utility as acquired, constructed or added to, and to any proportion or amount of the revenue previously pledged as a fund for the payment of revenue bonds. It shall not require to be set aside into the fund a greater amount or proportion of the revenue than in its judgment and as agreed to by the director will be available over and above the cost of maintenance and operation and any amount or proportion of the revenue so previously pledged. Revenue bonds and interest thereon issued against such fund shall be a valid claim of the holder thereof only as against the fund and the proportion or amount of the revenue pledged thereto, but shall constitute a prior charge over all other charges or claims whatsoever against the fund and the proportion or amount of the revenues pledged thereto. Each revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating it. [1988 c 127 § 17; 1965 c 8 § 43.21.320. Prior: 1957 c 275 § 10. Formerly RCW 43.21.320.] 43.21A.624 43.21A.626 Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants. The resolution of the state finance committee authorizing the issuance of revenue bonds shall specify the title of the bonds as determined by the state finance committee, and may contain covenants by the committee to protect and safeguard the security and the rights of the holders thereof, including covenants as to, among other things: (1) The purpose or purposes to which the proceeds of the sale of the revenue bonds may be applied and the use and disposition thereof; (2) The use and disposition of the gross revenue of the steam electric utility and any additions or betterments thereto or extensions thereof, the cost of which is to be defrayed with such proceeds, including the creation and maintenance of funds for working capital to be used in the operation of the steam electric utility and for renewals and replacements thereof; (3) The amount, if any, of additional revenue bonds payable from such fund which may be issued and the terms and conditions on which such additional revenue bonds or warrants may be issued; (4) The establishment and maintenance of adequate rates and charges for electric power and energy and other services, facilities, and commodities, sold, furnished or supplied by the steam electric utility; (5) The operation, maintenance, management, accounting and auditing of the electric utility; (6) The terms upon which the revenue bonds, or any of them, may be redeemed at the election of the agency; (7) Limitations upon the right to dispose of the steam electric utility or any part thereof without providing for the payment of the outstanding revenue bonds; and 43.21A.626 (2010 Ed.) Department of Ecology (8) The appointment of trustees, depositaries, and paying agents to receive, hold, disburse, invest, and reinvest all or any part of the income, revenue, receipts and profits derived by the director from the operation, ownership, and management of its steam electric utility. [1988 c 127 § 18; 1965 c 8 § 43.21.330. Prior: 1957 c 275 § 11. Formerly RCW 43.21.330.] 43.21A.628 Steam electric generating plant—Sale of bonds. All bonds issued under or by authority of RCW 43.21A.610 through 43.21A.642 shall be sold to the highest and best bidder after such advertising for bids as the state finance committee may deem proper. The state finance committee may reject any and all bids so submitted and thereafter sell such bonds so advertised under such terms and conditions as the state finance committee may deem most advantageous to its own interests. [1988 c 127 § 19; 1970 ex.s. c 56 § 61; 1969 ex.s. c 232 § 32; 1965 c 8 § 43.21.340. Prior: 1957 c 275 § 12. Formerly RCW 43.21.340.] 43.21A.628 Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Additional notes found at www.leg.wa.gov 43.21A.640 which to refund the outstanding revenue bonds, or any part thereof at maturity, or before maturity if they are by their terms or by other agreement, subject to call for prior redemption, with the right in the state finance committee to combine various series and issues of the outstanding revenue bonds by a single issue of refunding revenue bonds. The refunding bonds shall be payable only out of a special fund created out of the gross revenue of the steam electric utility, and shall only be a valid claim as against such special fund and the amount or proportion of the revenue of the utility pledged to said fund. The rate of interest on refunding revenue bonds shall not exceed the rate of interest on revenue bonds refunded thereby. The state finance committee may exchange the refunding revenue bonds for the revenue bonds which are being refunded, or it may sell them in such manner as it deems for its best interest. Except as specifically provided in this section, the refunding revenue bonds shall be issued in accordance with the provisions contained in RCW 43.21A.610 through 43.21A.642 with respect to revenue bonds. [1988 c 127 § 21; 1965 c 8 § 43.21.370. Prior: 1957 c 275 § 15. Formerly RCW 43.21.370.] 43.21A.636 Steam electric generating plant—Signatures on bonds. All revenue bonds, including refunding revenue bonds, shall be signed by the governor and the state auditor under the seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and any coupons may have printed or lithographic facsimile of the signatures of such officers. [1965 c 8 § 43.21.380. Prior: 1957 c 275 § 16. Formerly RCW 43.21.380.] 43.21A.636 43.21A.630 Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities. Prior to the issuance and delivery of any revenue bonds, such bonds and a certified copy of the resolution authorizing them shall be delivered to the state auditor together with any additional information that he or she may require. When the bonds have been examined they shall be registered by the auditor in books to be kept by him or her for that purpose, and a certificate of registration shall be endorsed upon each bond and signed by the auditor or a deputy appointed by him or her for the purpose. The bonds shall then be prima facie valid and binding obligations of the state finance committee in accordance with their terms, notwithstanding any defects or irregularities in the authorization and issuance of the bonds, or in the sale, execution or delivery thereof. [2009 c 549 § 5090; 1965 c 8 § 43.21.350. Prior: 1957 c 275 § 13. Formerly RCW 43.21.350.] 43.21A.630 43.21A.632 Steam electric generating plant—Rates or charges. When revenue bonds are outstanding the director shall establish, maintain, and collect rates or charges for electric power and energy, and other services, facilities and commodities sold and supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenue sufficient to pay the principal of and interest on revenue bonds outstanding, and all payments which the director is obligated to make to the state treasurer for deposit in any special fund or funds created for such purpose, and for the proper operation and maintenance of the utility and all necessary repairs, replacements and renewals thereof. [1988 c 127 § 20; 1965 c 8 § 43.21.360. Prior: 1957 c 275 § 14. Formerly RCW 43.21.360.] 43.21A.632 43.21A.634 Steam electric generating plant— Refunding revenue bonds. When the state finance committee has outstanding revenue bonds, the state finance committee, with the concurrence of the director, may by resolution provide for the issuance of refunding revenue bonds with 43.21A.634 (2010 Ed.) 43.21A.638 Steam electric generating plant—Provisions of law, resolution, a contract with bondholder— Enforcement. The provisions of RCW 43.21A.610 through 43.21A.642 and any resolution providing for the issuance of revenue bonds shall constitute a contract with the holder or holders from time to time of the revenue bonds of the state finance committee. Such provisions of RCW 43.21A.610 through 43.21A.642 and of any such resolution shall be enforceable by any such bondholders by appropriate action in any court of competent jurisdiction. [1988 c 127 § 22; 1965 c 8 § 43.21.390. Prior: 1957 c 275 § 17. Formerly RCW 43.21.390.] 43.21A.638 43.21A.640 Steam electric generating plant—Bonds are legal security, investment, negotiable. All revenue bonds issued hereunder shall be legal securities, which may be used by a bank or trust company for deposit with the state treasurer, or by a county or city or town treasurer, as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. They shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state, and for savings and loan associations, banks and insurance companies doing business in this state. All revenue bonds and all coupons appertaining thereto shall be negotiable instruments within the meaning and for all purposes of the negotiable instruments law. [1965 c 8 § 43.21.400. Prior: 1957 c 275 § 18. Formerly RCW 43.21.400.] 43.21A.640 [Title 43 RCW—page 151] 43.21A.642 Title 43 RCW: State Government—Executive 43.21A.642 Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution. Nothing in RCW 43.21A.610 through 43.21A.642 shall authorize or empower the director to purchase or acquire any transmission or distribution system or facilities or to engage in the retail distribution of electric energy, or to purchase or acquire any operating hydroelectric generating plant owned by any city or district, or by a privately owned public utility, or which hereafter may be acquired by any city or district by condemnation. [1988 c 127 § 23; 1965 c 8 § 43.21.410. Prior: 1957 c 275 § 19. Formerly RCW 43.21.410.] 43.21A.642 43.21A.650 Freshwater aquatic weeds account. The freshwater aquatic weeds account is hereby created in the state treasury. Expenditures from this account may only be used as provided in RCW 43.21A.660. Moneys in the account may be spent only after appropriation. [1991 c 302 § 2.] 43.21A.650 Findings—1991 c 302: "The legislature hereby finds that Eurasian water milfoil and other freshwater aquatic weeds can adversely affect fish populations, reduce habitat for desirable plant and wildlife species, and decrease public recreational opportunities. The legislature further finds that the spread of freshwater aquatic weeds is a statewide problem and requires a coordinated response among state agencies, local governments, and the public. It is therefore the intent of the legislature to establish a funding source to reduce the propagation of Eurasian water milfoil and other freshwater aquatic weeds and to manage the problems created by such freshwater aquatic plants." [1991 c 302 § 1.] Additional notes found at www.leg.wa.gov 43.21A.660 Freshwater aquatic weeds management program. Funds in the freshwater aquatic weeds account may be appropriated to the department of ecology to develop a freshwater aquatic weeds management program. Funds shall be expended as follows: (1) No less than two-thirds of the appropriated funds shall be issued as grants to (a) cities, counties, tribes, special purpose districts, and state agencies to prevent, remove, reduce, or manage excessive freshwater aquatic weeds; (b) fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication activities in waters of the state. Except for hydrilla eradication activities, such grants shall only be issued for lakes, rivers, or streams with a public boat launching ramp or which are designated by the department of fish and wildlife for fly-fishing. The department shall give preference to projects having matching funds or in-kind services; and (2) No more than one-third of the appropriated funds shall be expended to: (a) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic weeds; and (b) Provide technical assistance to local governments and citizen groups. [1999 c 251 § 1; 1996 c 190 § 1; 1991 c 302 § 4.] appoint an advisory committee to oversee the freshwater aquatic weeds management program. (2) The advisory committee shall include representatives from the following groups: (a) Recreational boaters interested in freshwater aquatic weed management; (b) Residents adjacent to lakes, rivers, or streams with public boat launch facilities; (c) Local governments; (d) Scientific specialists; (e) Pesticide registrants, as defined in *RCW 15.58.030(34); (f) Certified pesticide applicators, as defined in **RCW 17.21.020(5), who specialize in the use of aquatic pesticides; and (g) If ***chapter . . ., Laws of 1999 (Senate Bill No. 5315) is enacted by June 30, 1999, the aquatic nuisance species coordinating committee. (3) The advisory committee shall review and provide recommendations to the department on freshwater aquatic weeds management program activities and budget and establish criteria for grants funded from the freshwater aquatic weeds account. [1999 c 251 § 2.] Reviser’s note: *(1) RCW 15.58.030 was amended by 2000 c 96 § 1, changing subsection (34) to subsection (35). RCW 15.58.030 was subsequently amended by 2003 c 212 § 1, changing subsection (35) to subsection (36). **(2) RCW 17.21.020 was amended by 2001 c 333 § 1, changing subsection (5) to subsection (6), effective July 1, 2002. ***(3) Senate Bill No. 5315 (1999) was not enacted into law by June 30, 1999. 43.21A.660 Findings—Effective date—1991 c 302: See notes following RCW 43.21A.650. 43.21A.662 Freshwater aquatic weeds management program—Advisory committee. (1) The department shall 43.21A.662 [Title 43 RCW—page 152] 43.21A.667 Freshwater aquatic algae control account—Freshwater aquatic algae control program— Reports to the legislature. (1) The freshwater aquatic algae control account is created in the state treasury. Moneys directed to the account from *RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation. (2) Funds in the freshwater aquatic algae control account may be appropriated to the department to develop a freshwater aquatic algae control program. Funds must be expended as follows: (a) As grants to cities, counties, tribes, special purpose districts, and state agencies to manage excessive freshwater algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and during the 2009-2011 fiscal biennium to provide grants for sea lettuce research and removal to assist Puget Sound communities that are impacted by hyperblooms of sea lettuce; and (b) To provide technical assistance to applicants and the public about aquatic algae control. (3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007. [2009 c 564 § 933; 2005 c 464 § 4.] 43.21A.667 *Reviser’s note: RCW 88.02.050 was recodified as RCW 88.02.560 pursuant to 2010 c 161 § 1233, effective July 1, 2011. (2010 Ed.) Environmental Hearings Office—Pollution Control Hearings Board Effective date—2009 c 564: See note following RCW 2.68.020. Findings—Intent—2005 c 464: See note following RCW 88.02.560. 43.21A.680 Solid waste plan advisory committee abolished. The director of ecology shall abolish the solid waste plan advisory committee effective July 1, 1994. [1994 sp.s. c 9 § 804.] 43.21A.680 Additional notes found at www.leg.wa.gov 43.21A.681 Geoduck aquaculture operations— Guidelines—Rules. (1) The department of ecology shall develop, by rule, guidelines for the appropriate siting and operation of geoduck aquaculture operations to be included in any master program under this section. The guidelines adopted under this section must be prepared with the advice of the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007, which shall serve as the advisory committee for the development of the guidelines. (2) The guidelines required under this section must be filed for public review and comment no later than six months after the delivery of the final report by the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007. (3) The department of ecology shall update the guidelines required under this section, as necessary, after the completion of the geoduck research by the sea grant program at the University of Washington required under RCW 28B.20.475. [2007 c 216 § 5.] 43.21A.681 43.21A.690 Cost-reimbursement agreements. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. (2) The cost-reimbursement agreement shall identify the tasks and costs for work to be conducted under the agreement. The agreement must include a schedule that states: (a) The estimated number of weeks for initial review of the permit application; (b) The estimated number of revision cycles; (c) The estimated number of weeks for review of subsequent revision submittals; (d) The estimated number of billable hours of employee time; (e) The rate per hour; and (f) A date for revision of the agreement if necessary. (3) The written cost-reimbursement agreement shall be negotiated with the permit applicant or project proponent. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to hire temporary employees, to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant 43.21A.690 (2010 Ed.) Chapter 43.21B with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. (4) The cost-reimbursement agreement must not negatively impact the processing of other permit applications. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. Consultants or temporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. [2009 c 97 § 8; 2007 c 94 § 10; 2003 c 70 § 1; 2000 c 251 § 2.] Intent—2000 c 251: "It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislature that cost-reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits." [2000 c 251 § 1.] Captions not law—2000 c 251: "Captions used in this act are not any part of the law." [2000 c 251 § 8.] Effective date—2000 c 251: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 c 251 § 9.] 43.21A.900 Chapter to be liberally construed. The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RCW 43.21A.020. [1970 ex.s. c 62 § 27.] 43.21A.900 43.21A.910 Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62. See notes following RCW 43.21A.010. 43.21A.910 Chapter 43.21B RCW ENVIRONMENTAL HEARINGS OFFICE— POLLUTION CONTROL HEARINGS BOARD Chapter 43.21B Sections 43.21B.001 43.21B.005 43.21B.005 43.21B.005 43.21B.010 43.21B.020 43.21B.030 Definitions. Environmental hearings office created—Composition— Administrative appeals judges—Contracts for services (as amended by 2010 c 210). Environmental and land use hearings office created—Composition—Administrative appeals judges—Contracts for services (as amended by 2010 c 210). Environmental hearings office created—Composition— Administrative appeals judges—Contracts for services (as amended by 2010 1st sp.s. c 7). Pollution control hearings board created—Purpose. Members—Qualifications—Appointment. Members—Terms—Filling vacancies, term. [Title 43 RCW—page 153] 43.21B.001 43.21B.040 43.21B.050 43.21B.060 43.21B.080 43.21B.090 43.21B.100 43.21B.110 43.21B.130 43.21B.160 43.21B.170 43.21B.175 43.21B.180 43.21B.230 43.21B.240 43.21B.250 43.21B.260 43.21B.300 43.21B.300 43.21B.305 43.21B.310 43.21B.320 43.21B.330 43.21B.900 Title 43 RCW: State Government—Executive Removal of member, procedure—As disqualification for reappointment. Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses. Restrictions upon conduct while member and upon termination of membership. Chair, biennial election of. Principal office—Quorum—Hearings—Board powers and duties. Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information. Pollution control hearings board jurisdiction. Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others. Appeals—Generally. Proceedings conducted in accordance with published board rules and regulations. Mediation. Judicial review—Right of review of decisions pursuant to RCW 43.21B.110. Appeals of agency actions. Department—Air authorities—Adjudicative proceedings, may not conduct. Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality. Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized— Evidence. Penalty procedures (as amended by 2010 c 84). Penalty procedures (as amended by 2010 c 210). Appeals involving penalties of fifteen thousand dollars or less. Appeal of orders. Stays of orders. Summary procedures. Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date— 1970 ex.s. c 62. 43.21B.001 Definitions. (Effective until July 1, 2011.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Business days" means Monday through Friday exclusive of any state or federal holiday. (2) "Date of receipt" means: (a) Five business days after the date of mailing; or (b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient’s sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing. (3) "Department" means the department of ecology. (4) "Director" means the director of ecology. [2004 c 204 § 1; 1987 c 109 § 4.] 43.21B.001 Purpose—1987 c 109: "The purposes of this act are to: (1) Simplify and clarify existing statutory and administrative procedures for appealing decisions of the department of ecology and air pollution control authorities in order to (a) expedite those appeals, (b) insure that those appeals are conducted with a minimum of expense to save state and private resources, and (c) allow the appellate authorities to decide cases on their merits rather than on procedural technicalities. (2) Clarify existing statutes relating to the environment but which refer to numerous agencies no longer in existence. (3) Eliminate provisions no longer effective or meaningful and abbreviate statutory provisions which are unnecessarily long and confusing." [1987 c 109 § 1.] Additional notes found at www.leg.wa.gov [Title 43 RCW—page 154] 43.21B.001 Definitions. (Effective July 1, 2011.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Business days" means Monday through Friday exclusive of any state or federal holiday. (2) "Date of receipt" means: (a) Five business days after the date of mailing; or (b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient’s sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing. (3) "Department" means the department of ecology. (4) "Director" means the director of ecology. (5) "Environmental boards" means the pollution control hearings board created in RCW 43.21B.010 and the shorelines hearings board created in RCW 90.58.170. (6) "Land use board" means the growth management hearings board created in RCW 36.70A.250. [2010 c 210 § 2; 2004 c 204 § 1; 1987 c 109 § 4.] 43.21B.001 Intent—2010 c 210: "It is the intent of the legislature to reduce and consolidate the number of state boards that conduct administrative review of environmental and land use decisions and to make more uniform the timelines for filing appeals with such boards. The legislature intends to eliminate the hydraulics appeals board and the forest practices appeals board by transferring their duties to the pollution control hearings board. The legislature further intends to eliminate certain preliminary informal appeals heard internally by agencies. The legislature also intends to consolidate administratively and physically collocate the growth management hearings boards into the environmental and land use hearings office by July 1, 2011." [2010 c 210 § 1.] Effective dates—2010 c 210: "(1) Sections 1, 3, 5, 7, 9 through 14, and 16 through 42 of this act take effect July 1, 2010. (2) Sections 2, 4, 6, 15, 43, and 46 of this act take effect July 1, 2011. The chief executive officer of the environmental hearings office may take the necessary steps to ensure that these sections are implemented on their effective date. (3) Section 8 of this act takes effect June 30, 2019." [2010 c 210 § 44.] Application—Pending cases and rules—2010 c 210: "(1) This act applies prospectively only and not retroactively. It applies only to appeals that are commenced on or after July 1, 2010. The repeals in section 41 of this act do not affect any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule or order adopted under those statutes nor do they affect any proceeding instituted under them. (2) All pending cases before the forest practices appeals board and the hydraulics appeals board shall be continued and acted upon by those boards. All existing rules of the forest practices appeals board shall remain in effect and be used by the pollution control hearings board until the pollution control hearings board adopts superseding rules for forest practices appeals." [2010 c 210 § 42.] Purpose—1987 c 109: "The purposes of this act are to: (1) Simplify and clarify existing statutory and administrative procedures for appealing decisions of the department of ecology and air pollution control authorities in order to (a) expedite those appeals, (b) insure that those appeals are conducted with a minimum of expense to save state and private resources, and (c) allow the appellate authorities to decide cases on their merits rather than on procedural technicalities. (2) Clarify existing statutes relating to the environment but which refer to numerous agencies no longer in existence. (3) Eliminate provisions no longer effective or meaningful and abbreviate statutory provisions which are unnecessarily long and confusing." [1987 c 109 § 1.] Additional notes found at www.leg.wa.gov 43.21B.005 43.21B.005 Environmental hearings office created—Composition—Administrative appeals judges—Contracts for services (as (2010 Ed.) Environmental Hearings Office—Pollution Control Hearings Board amended by 2010 c 210). (Effective until July 1, 2011.) (1) There is created an environmental hearings office of the state of Washington. The environmental hearings office ((shall)) consists of the pollution control hearings board created in RCW 43.21B.010, ((the forest practices appeals board created in RCW 76.09.210,)) the shorelines hearings board created in RCW 90.58.170, and the environmental and land use hearings board created in *chapter 43.21L RCW((, and the hydraulic appeals board created in RCW 77.55.170)). The chair of the pollution control hearings board shall be the chief executive officer of the environmental hearings office. Membership, powers, functions, and duties of the pollution control hearings board((, the forest practices appeals board,)) and the shorelines hearings board((, and the hydraulic appeals board)) shall be as provided by law. (2) The chief executive officer of the environmental hearings office may appoint an administrative appeals judge who shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, in cases before the boards comprising the office. The administrative appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington. Additional administrative appeals judges may also be appointed by the chief executive officer on the same terms. Administrative appeals judges shall not be subject to chapter 41.06 RCW. (3) The administrative appeals judges appointed under subsection (2) of this section are subject to discipline and termination, for cause, by the chief executive officer. Upon written request by the person so disciplined or terminated, the chief executive officer shall state the reasons for such action in writing. The person affected has a right of review by the superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of such written reasons. (4) The chief executive officer may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary. (5) The chief executive officer may also contract for required services. [2010 c 210 § 3; 2003 c 393 § 18; 2003 c 39 § 22; 1999 c 125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.] *Reviser’s note: Chapter 43.21L RCW was repealed by 2010 1st sp.s. c 7 § 37, effective June 30, 2010, and by 2010 c 210 § 46, effective July 1, 2011. Intent—Effective dates—Application—Pending cases and rules— 2010 c 210: See notes following RCW 43.21B.001. Expiration dates—2010 c 210 §§ 3, 5, and 7: See note following RCW 43.21B.110. 43.21B.005 43.21B.005 Environmental and land use hearings office created— Composition—Administrative appeals judges—Contracts for services (as amended by 2010 c 210). (Effective July 1, 2011.) (1) There is created an environmental and land use hearings office of the state of Washington. The environmental and land use hearings office ((shall)) consists of the pollution control hearings board created in RCW 43.21B.010, ((the forest practices appeals board created in RCW 76.09.210,)) the shorelines hearings board created in RCW 90.58.170, ((the environmental and land use hearings board created in chapter 43.21L RCW, and the hydraulic appeals board created in RCW 77.55.170. The chair of the pollution control hearings board shall be the chief executive officer of the environmental hearings office)) and the growth management hearings board created in RCW 36.70A.250. The governor shall designate one of the members of the pollution control hearings board or growth management hearings board to be the director of the environmental and land use hearings office during the term of the governor. Membership, powers, functions, and duties of the pollution control hearings board, ((the forest practices appeals board,)) the shorelines hearings board, and the ((hydraulic appeals)) growth management hearings board shall be as provided by law. (2) The ((chief executive officer)) director of the environmental and land use hearings office may appoint ((an)) one or more administrative appeals judges ((who shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW,)) in cases before the environmental boards and, with the consent of the chair of the growth management hearings board, one or more hearing examiners in cases before the land use board comprising the office. The administrative appeals judges shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington. ((Additional administrative appeals judges may also be appointed by the chief executive officer on the same terms. Administrative appeals judges shall not be subject to chapter 41.06 RCW.)) The hearing examiners possess the powers and duties provided for in RCW 36.70A.270. (2010 Ed.) 43.21B.005 (3) Administrative appeals judges are not subject to chapter 41.06 RCW. The administrative appeals judges appointed under subsection (2) of this section are subject to discipline and termination, for cause, by the ((chief executive officer)) director of the environmental and land use hearings office. Upon written request by the person so disciplined or terminated, the ((chief executive officer)) director of the environmental and land use hearings office shall state the reasons for such action in writing. The person affected has a right of review by the superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of such written reasons. (4) The ((chief executive officer)) director of the environmental and land use hearings office may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary. (5) The ((chief executive officer)) director of the environmental and land use hearings office may also contract for required services. [2010 c 210 § 4; 2003 c 393 § 18; 2003 c 39 § 22; 1999 c 125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.] Intent—Effective dates—Application—Pending cases and rules— 2010 c 210: See notes following RCW 43.21B.001. 43.21B.005 43.21B.005 Environmental hearings office created—Composition—Administrative appeals judges—Contracts for services (as amended by 2010 1st sp.s. c 7). (1) There is created an environmental hearings office of the state of Washington. The environmental hearings office shall consist of the pollution control hearings board created in RCW 43.21B.010, the forest practices appeals board created in RCW *76.09.210, the shorelines hearings board created in RCW 90.58.170, ((the environmental and land use hearings board created in chapter 43.21L RCW,)) and the hydraulic appeals board created in **RCW ((77.55.170)) 77.55.301. The chair of the pollution control hearings board shall be the chief executive officer of the environmental hearings office. Membership, powers, functions, and duties of the pollution control hearings board, the forest practices appeals board, the shorelines hearings board, and the hydraulic appeals board shall be as provided by law. (2) The chief executive officer of the environmental hearings office may appoint an administrative appeals judge who shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, in cases before the boards comprising the office. The administrative appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington. Additional administrative appeals judges may also be appointed by the chief executive officer on the same terms. Administrative appeals judges shall not be subject to chapter 41.06 RCW. (3) The administrative appeals judges appointed under subsection (2) of this section are subject to discipline and termination, for cause, by the chief executive officer. Upon written request by the person so disciplined or terminated, the chief executive officer shall state the reasons for such action in writing. The person affected has a right of review by the superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of such written reasons. (4) The chief executive officer may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary. (5) The chief executive officer may also contract for required services. [2010 1st sp.s. c 7 § 39. Prior: 2003 c 393 § 18; 2003 c 39 § 22; 1999 c 125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.] Reviser’s note: *(1) RCW 76.09.210 was repealed by 2010 c 210 § 41. **(2) RCW 77.55.301 was repealed by 2010 c 210 § 41. (3) RCW 43.21B.005 was amended three times during the 2010 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. Intent—1979 ex.s. c 47: "It is the intent of the legislature to consolidate administratively the pollution control hearings board, the forest practices appeals board, and the shorelines hearings board into one agency of state government with minimum disturbance to these boards. It is not the intent of the legislature in consolidating these boards to change the existing membership of these boards. All full-time employees of the pollution control hearings board and the full-time employee of the forest practices appeals board shall be full-time employees of the environmental hearings office without loss of rights. Property and obligations of these boards and the shorelines hearings board shall [Title 43 RCW—page 155] 43.21B.010 Title 43 RCW: State Government—Executive be property and obligations of the environmental hearings office." [1979 ex.s. c 47 § 1.] 43.21B.010 Pollution control hearings board created—Purpose. (Effective until July 1, 2011.) There is hereby created within the environmental hearings office a pollution control hearings board of the state of Washington. The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environmental appeals as provided for in RCW 43.21B.110. [2010 c 210 § 5; 1979 ex.s. c 47 § 3; 1970 ex.s. c 62 § 31.] 43.21B.010 Intent—Effective dates—Application—Pending cases and rules— 2010 c 210: See notes following RCW 43.21B.001. Expiration dates—2010 c 210 §§ 3, 5, and 7: See note following RCW 43.21B.110. Intent—1979 ex.s. c 47: See note following RCW 43.21B.005. 43.21B.010 Pollution control hearings board created—Purpose. (Effective July 1, 2011.) There is hereby created within the environmental and land use hearings office a pollution control hearings board of the state of Washington. The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environmental appeals as provided for in RCW 43.21B.110. [2010 c 210 § 6; 1979 ex.s. c 47 § 3; 1970 ex.s. c 62 § 31.] 43.21B.010 Intent—Effective dates—Application—Pending cases and rules— 2010 c 210: See notes following RCW 43.21B.001. posed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the hearings board by the tribunal shall disqualify such member for reappointment. [1970 ex.s. c 62 § 34.] 43.21B.050 Governor to determine basis for operation—Compensation if part-time basis, limitation— Reimbursement of travel expenses. The hearings board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the hearings board shall operate on a full-time basis, each member of the hearings board shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined the hearings board shall operate on a part-time basis, each member of the hearings board shall receive compensation on the basis of seventy-five dollars for each day spent in performance of his or her duties but such compensation shall not exceed ten thousand dollars in a fiscal year. Each hearings board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [2009 c 549 § 5092; 1975-’76 2nd ex.s. c 34 § 101; 1970 ex.s. c 62 § 35.] 43.21B.050 Additional notes found at www.leg.wa.gov 43.21B.060 Restrictions upon conduct while member and upon termination of membership. Each member of the hearings board: (1) Shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his or her duty as a member of the hearings board, nor shall he or she serve on or under any committee of any political party; and (2) shall not for a period of one year after the termination of his or her membership on the hearings board, act in a representative capacity before the hearings board on any matter. [2009 c 549 § 5093; 1970 ex.s. c 62 § 36.] 43.21B.060 Intent—1979 ex.s. c 47: See note following RCW 43.21B.005. 43.21B.020 Members—Qualifications—Appointment. The hearings board shall consist of three members qualified by experience or training in pertinent matters pertaining to the environment, and at least one member of the hearings board shall have been admitted to practice law in this state and engaged in the legal profession at the time of his or her appointment. The hearings board shall be appointed by the governor with the advice and consent of the senate, and no more than two of whom at the time of appointment or during their term shall be members of the same political party. [2009 c 549 § 5091; 1970 ex.s. c 62 § 32.] 43.21B.020 43.21B.030 Members—Terms—Filling vacancies, term. Members of the hearings board shall be appointed for a term of six years and until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs: PROVIDED, That the terms of the first three members of the hearings board shall be staggered so that one member shall be appointed to serve until July 1, 1972, one member until July 1, 1974, and one member until July 1, 1976. [1970 ex.s. c 62 § 33.] 43.21B.030 43.21B.040 Removal of member, procedure—As disqualification for reappointment. Any member of the hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal com43.21B.040 [Title 43 RCW—page 156] 43.21B.080 Chair, biennial election of. The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect such a chair. [2009 c 549 § 5094; 1970 ex.s. c 62 § 38.] 43.21B.080 43.21B.090 Principal office—Quorum—Hearings— Board powers and duties. The principal office of the hearings board shall be at the state capitol, but it may sit or hold hearings at any other place in the state. A majority of the hearings board shall constitute a quorum for making orders or decisions, promulgating rules and regulations necessary for the conduct of its powers and duties, or transacting other official business, and may act though one position of the hearings board be vacant. One or more members may hold hearings and take testimony to be reported for action by the hearings board when authorized by rule or order of the hearings board. The hearings board shall perform all the powers and duties specified in this chapter or as otherwise provided by law. [1990 c 65 § 2; 1974 ex.s. c 69 § 1; 1970 ex.s. c 62 § 39.] 43.21B.090 (2010 Ed.) Environmental Hearings Office—Pollution Control Hearings Board 43.21B.100 Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information. The hearings board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall be effective upon being signed by two or more members of the hearings board and upon being filed at the hearings board’s principal office, and shall be open for public inspection at all reasonable times. [1970 ex.s. c 62 § 40.] 43.21B.100 43.21B.110 Pollution control hearings board jurisdiction. (Effective until June 30, 2019.) (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, and the parks and recreation commission: (a) Civil pena