1973 Revised Code of Washington Supplement part 2: Titles 44 through 90
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Ch. 44.04
STATE GOVERNMENT--LEGISLATIVE
--------------------------------------------------------------------------------------Chapter 44.04
GENERAL PROVISIONS
44.04.040
VOUCHERS FOB PAY AND MILEAGE
OF MEMBERS--WARRANTS: ~e-chief-clerk of
the -house--of--representatives and
the
secretary of the senate are hereby directed to prepare vouchers for the state
treasurer for the mileage and daily pay of
members of the legislature on presentation
of certificates showing amounts due for
miles traveled and services rendered to
dates specified.
The certificates shall
be signed by the speaker or president, and
countersigned by the chief clerk or secretary, respectively, of the body to which
the members belong.
The state treasurer
shall issue warrants which shall be in
favor of and payable to the order of the
persons named in said certificates. (1973
c 106 § 17; 1890 p 6 § 1; RRS § 8150.]
44.04.050
VOUCHERS FOR PAY OF ~]PLOY=
EES--WARRANTS.---The--chi€f--clerk of the
h0Use-ot-r6presentatives and the secretary
of the senat~ shall prepare vouchers for
the state treasurer for sums covering
amounts due officers and employees of the
legislature on presentation of certificates signed by the speaker or president,
and countersigned by the chief clerk or
secretary of the body in which the service
of the officer or employee is rendered,
and showing amounts due to dates specified.
The state treasurer shall issue
warrants which shall be drawn in favor and
be made payable to the order of the
officer or employee named in each certificate. [1973 c 106 § 18; 1890 p 3 § 1; RRS
§ 8148.]
44.04.060
!QQftl~~ XQB I~£1Q~]!AL
~!=
PENSES--WARRANTS.
The chief clerk of the
~se-ct-representatives and the secretary
of the senate are hereby directed to
prepare vouchers for the state treasurer
for the incidental expenses of the legislature. on presentation of certificates
showing amounts due for material furnished
and services rendered to dates specified.
The certificates shall be signed by the
speaker or president, and countersigned by
the sergeant-at-arms, respectively, of the
body ordering the expenditures. The state
treasurer shall issue warrants which shall
be in favor of and payable to the order of
the persons named in said certificates.
( 1973 c 106 § 19; 1890 p 10 § 1; RRS §
8152. 1
44.04.090
jARRA~I~ EQE SU~~l~~~ ANQ
LODGING.
The state treasurer shall issue
iarrants for said reimbursement supported
by affidavits that the reimbursement is
claimed for expenses of subsistence and
lodging actually incurred without itemization and without receipts. Such warrants
shall ba immediately paid from any funds
appropriated for the purpose. [ 1973 c 106
§ 20; 1941 c 173 § 2; Rem.
Supp.
1941 §
8153-2.]
44.04.120
MEMB.@~ !_LLOWANg2 li!!~li ENGAGED IN Cm1MITTEE BUSINESS. Each member
of~he s~nate-or~ouse-o~epresentatives
when serving on official legislative business during the interim between legislative sessions, or while serving on the
legislative council, the legislative budget committee, or any other permanent or
interim committee, commission, or council
of the legislature shall be entitled to
receive, in lieu of per diem or any other
payment,
for each day or major portion
thereof in which he is actually engaged in
legislative business or business of the
committee, commission, or council, notwithstanding any laws to the contrary,
forty dollars per ·day, plus mileage allowance at the rate of ten cents per mile
when authorized by the house, committee,
commission, or council of which he is a
member an·a on the business of which he is
engaged.
( 1973 1st ex. s. c 197 § 5; 1967
ex.s. c 112 § 4; 1963 ex.s. c 7 § 1; 1959
ex.s. c 10 § 1.]
LegislatJ,yg finding
E.!l£1
deflsHti2.n.i
"In view of the decreased purchasing power
of the dollar and the concomitant increase
in the cost of living during the past
several years, the members of the legislature declare that the twenty-five dollar
per diem allowance provided during the
past several interims between sessions in
lieu of subsistence and lodging is inadequate to cover necessary expenses incurred
while
serving on official legislative
business during the interim. The legislature further finds and declares that forty
dollars per day is a fair and adequate
allowance to cover such reimbursement."
[1973 1st ex.s. c 197 § 4.]
Chapter 44.28
LEGISLATIVE BUDGET COMMITTEE
44.28. 086
MANAGEMENT SURVEYS--REVIEWS
OF PROGRAM GO!_LS-A!!~-OBJ~f!IV~~L E_ERFOR:
MANCE AUDITS TO BE INCLUDED. The legislative- budget --committee---authority
for
management surveys contained in RCW 44.28.085 shall include reviews of program
goals and objectives of public bodies,
officers or employees to determine conformity with legislative intent and shall
include comprehensive performance audits
to ensure that agency programs are being
conducted in accordance with legislative
intent and program goals and objectives.
[1973 1st ex.s. c 197 § 1.)
[ 438 )
LEGISLATIVE TRANSPORTATION COMMITTEE
44.40.020
--------------------------------------------------------------------------------------1Q~~l§li
~~RQ]l~L
AGE]£1]§ lQ
44.28.087
TEE
R~RFOR!A]~~
~Q~l~
INlERNAb
AUDli~ ~
All agency reports concern·
ing program performance, including administrative review, guality control, and
other internal audit or performance reports, as reguested by the legislative
budget committee, shall be furnished by
the agency reguested to provide
such
report. [1973 1st ex.s. c 197 § 2.1
]11]
Chapter 44.40
LEGISLATIVE TRANSPORTATION
COMMITTEE--SENATE AND HOUSE
TRANSPORTATION AND UTILITIES COMMITTEES
44.40.020
R~~~§ ~n£ studies set forth in
chspte~
11~L La~ 21 I~1~-1st ~i.§.:
-"NEw SECTION. Section 1. There is added
to chapter~4:4o RCW a new section to read
as follows:
The legislative transportation committee
and;or the senate and house transportation
and utilities committees is or are hereby
authorized to consider the following subjects of study and such other related
subjects as it or they deem appropriate,
and report its or their findings and
recommendations in connection therewith
not later than the convening of the 1975
regular legislative session:
(1)
Establishing
organizational
and
policy guidelines for the review of statewide transportation needs, the interrelationship of all transportation needs and
the development and implementation of a
state-wide transportation plan;
(2)
A review of the energy crisis problem and its implication with respect to
long range transportation planning, and
utility
planning
related
to
transportation;
(3) The relationship between the environment and transpor~ation improvements
including an analysis of land use patterns
and the costs and benefits of environmental impact statements;
(4)
A reevaluation of priority programming criteria including the feasibility of
adding short and long-term social, economic,
and
environmental
cost/benefit
considerations.
(5)
Feasibility of
integrating
the
Puget sound reserve, capital construction
and ferry operations accounts into
a
single account or integrating ferry system
needs and funding with that of highways;
(6)
An analysis of alternative state
funding methods with respect to providing
for a balanced and adequate transportation
system taking into consideration the direction of federal funding;
(7)
Development of a simplified fee
structure for the highway safety fund or
consolidation of said fund with the motor
vehicle fund;
1973 RCw SUPP.
(8)
A review of the purposes, policies,
procedures, and utilization of the highway
eguipment fund;
(9)
Analysis of alternative financing
methods for
railroad
grade
crossing
protection;
(10)
Develop methods for determining
priorities among high accident locations
including railroad grade crossings
in
cooperation with the state highway commissioners, and utilities and transportation
commissioners;
(11)
Develop a pilot project in planning, programming, and budgeting improvement through the
development
of
an
interagency
traffic safety program in
cooperation with transportation agencies
and the office of program planning and
fiscal management;
(12)
The concept of a scenic and recreational highway system considering the
provisions of section 8, chapter 195, Laws
of 1971 ex. sess. and senate bill 2539
(1973 legislative session) ;
(13)
A continuing analysis of
.methods
to recover for transportation purposes a
portion of the increased land
values
resulting
from
transportation
improvements;
(14)
A continuing analysis of the relationship between traffic patrol manpower
levels and accidents on state highways and
county roads;
(15)
An evaluation of alternatives to
court adjudication of traffic violations
such that the guality and timeliness of
both traffic and nontraffic
violation
judgments may be improved and accelerated;
(16)
A continuing review of traffic
safety activities and state compliance
with federal standards, in general, and
effective methods and procedures of implementing and operating a state-wide annual
vehicle safety and emission control inspection program;
(17)
An investigation to determine a
feasible and acceptable procedure
for
mandatory physician reporting of diagnosed
disabilities and conditions tending to
create a threat or hazard to the individual and/or the motoring public if unrestricted
licensing
for motor vehicle
operation is granted;
(18)
A cost/benefit
analysis relating
to the acguisition, installation,
and
operation of on line video display terminals fer high density courts which would
permit direct and immediate driver record
and status look-up capability via the
department of motor vehicles driver records computer;
(19)
Through stratified representative
sampling procedures establish just and
equitable
customer
service guidelines
(i.e., time and travel distance)
for tha
examination
of license applicants and
issuance of vehicle operators licenses;
(20)
Feasibility and desirability of
establishing a separate assistant directorship for right of way activities in
cooperation
with
the
department
of
highways;
( 439 ]
44.40.020
STATE GOVERNMENT-LEGISLATIVE
------------------------------------(21)
Establish policies and guidelines
for biennial highway commission review of
highway, street and road sections with
respect to whether such sec~ions should be
added to or deleted from the state highway
system;
(22)
Review procedures now required to
dispose
of surplus real property and
possible improvements in such procedures;
(23)
Comparison of compensation practices of the state patrol for commissioned
personnel with those of other law enforcement agencies;
(24) The desirability and feasibility
of regulating signing adjacent to public
highways taking into consideration the
provisions of senate bills 2209 and 2434
and
house bill 289
(1973
_egislative
session) ;
(25)
Analysis
of highway conditions
which may justify ra~s~ng or lowering
traffic speeds taking traffic safety and
existing studies into consideration,
and
the feasibility of utilizing electronic
variable speed control devices in heavy
traffic corridors;
(26)
Review of traffic offense penal
system,
including
attitudes
and
effectiveness;
(27)
Feasibility and desirability of
installation of emergency public telephone
service along public highways in cooperation with the state highway commission;
(28)
An evaluation of the need for
additional regulation of the visibility of
bicycles for safety purposes;
(29)
A reevaluation of the functional
classification criteria including the feasibility of classifying by function by
assessment of percentages of each of the
following types of trips:
(a)
home-to-work;
movement
( incl u_ding
(b)
commodities
farm to market};
(c)
defense, military, emergency;
(d)
recreation; and a reevaluation of
the criteria for selection of specific
projects
for priority of construction
within each functional class;
(30)
Analysis of equity of aviation
fuel excise tax provisions, particularly
as they relate to third level air carriers
and air travel clubs.
(31)
Alternative courses of action to
reduce and control air pollution resulting
from transportation sources, an analysis
of their relative effectiveness and cost,
and assessment of their relative acceptability by the public;
(32)
Alternative courses of action to
reduce and control noise pollution resulting from transportation sources, an analysis of their relative effectiveness and
cost, and assessment of their relative
acceptability by the public:
(33)
Desirability and feasibility of
establishing a transportation
research
center taking into consideration costs and
benefits, such centers in other states,
and state and federal funding sources;
[
(34)
An analysis of the transportation
planning process used by cities and counties, including the effects of
state
requirements thereon, aLd the adequacy of
local planning procedures in meeting the
objectives of state planning requirements·
(35)
A feasibility study
of providin~
water transportation for commuter foot
passengers within the Lake Washington-Lake
onion area, including the provision of
appropriate terminal facilities and coerdina tion
with
land
transportation
facilities;
(36)
Evaluation of state highway land·
scaping practices with respect to safety
and beautification purposes.
( 1973 1st
ex • s • c 21 0 § 1 • ]
~li SECilQli~
Sec. 5.
The legislative
transportation committee and/or the senate
and house transportation and utilities
committees and the state highway commission may jointly consi,der the following
proposed highway additions or improvements
by undertaking appropriate studies and
surveys as may be necessary to evaluate
their merits, said studies to be completed
prior to September 1, 1974:
(1)
A realignment of state route 104
east of Interstate 5 generally along the
Snohomish-King county line;
(2)
Traffic and safety improvements required on highways adjacent to ports of
entry along the canadian border as provided in senate Resolution 1972~42;
(3)
Alternative corridors to proposed
north-south Spokane freeway including social impact and cost/benefit analysis.
( 1973 1st ex.s. c 210 § 5.]
N~H SEC!IQM~ Sec. 6.
The department of
motor vehicles in cooperation with the
legislative
transportation
committee
and/or the senate and house transportation
and utilities committees is or are hereby
directed to study the feasibility and
desirability, both departmental and public, of implementing a staggered vehicle
licensing system.
A report
including
recommendations
shall be made to the
legislature not later than the convening
of the 1975 regular legislative session.
( 1973 1st ex. s. c 210 § 6.]
E~H ~~fi!QM~
Sec. 7.
The legislative
transportation committee or the standing
transportation and utilities committees of
the senate and house are hereby authorized
to make available $20,000 or so much
thereof as may be necessary to the western
conference of the council of state governments.
Such funds will be made available
for use by its subcommittee on short haul
air transportation only in the event that
the subcommittee is continued by at least
seven participating states and that i t is
evident
that federal funds have been
secured through the department of transportation for continuation of the short
haul air transportation study under the
auspices of the western conference of the
council of state governments.
In the
event that the said conference obtains
sufficient state and federal funds for
440
J
44.40.110
LEGISLATIVE TRANSPORTATION COMMITTEE
--------------------------------------------------------------------------------------continuation of the short haul air transportation study, the state of Washington
will be the administrator of the funds for
the participating states according to the
p~ocedures prescribed by the office of the
attorney general.
There is hereby appropriated from the
aeronautics account of the general fund
the sum of $20,000 to carry out the
prov~s~ons
of this section.
[1973 1st
ex.s. c 210 § 7.]
NEW SECTION. Sec. 8. The department of
highWays;-rn-cooperation with the legislative transportation committee and/or the
senate and house transportation and utilities committees, is directed to communicate with all appropriate state agencies
and other governmental officials concerning the development of a quad-city airport
to
serve
the cities of Pullman and
clarkston, Washingtor., and Lewiston and
Moscow, Idaho, and to determine the effect
such development may have on the priority
for construction of SR 193 from Clarkston
to Colton. ( 1973 1st ex.s. c 210 § 8.]
NEW ~gf!IQli~ Sec. 9.
The legislative
transportation committee and/or the senate
and house transportation and utilities
committees, in conjunction with the department of highways,
are authorized to
consult with the transportation agencies
of the states, counties and cities affected, as well as the Columbia Region Association
of
Governments,
and
private
trar.sportation companies, with respect to
the interstate transportation needs of the
vancouver/Portland area and alternative
solutions thereto.
The committee(s) are
further authorized to apply for and receive federal funding and support of said
study, and to negotiate with affected
governmental units to obtain such matching
funds as may be required. [1973 1st ex.s.
C 210 § 9 • )II
The long range plan shall state the
general
objectives and needs of each
agency's major transportation programs.
The comprehensive six-year program and
financial plan shall be prepared in consonance with the long range plan and shall
identify that portion of the long range
plan to be accomplished within the succeeding six-year period. [1973 1st ex.s.
c 201 § 1.]
44.40.080
ST,AI]
~IE~==~£Q~~~]]g]
!]!li~RQRT!IIQ]
AGEE=
~UDQ~I==f]~f!.S!!IQE
PR~~l!TATIQ]==CONT~NTS~
AEQ
Notwithstanding
any other provision of law, state transportation agencies shall prepare and present to the governor and to the legislature
prior to its convening a
recommended
budget for the ensuing biennium.
The
biennial budget shall include details of
expenditures, and performance and public
service criteria for the transportation
programs and activities of each agency in
consonance with said agency's adopted sixyear comprehensive program and financial
plan. ( 1973 1st ex.s. c 201 § 2.]
44.40.090
DELEGATION OF POWERS AND DU!I~~ IQ SEN!!]-!]Q HOQSE- TRAN~fQli!ATIQM
ANQ
UTILITI]~
~OMflTT~.§h
Powers and
duties enumerated ·by this chapter shall be
delegated to the senate and house transportation and utilities committees during
periods when the legislative transportation committee is not appointed.
[ 1973
1st ex.s. c 210 § 2.]
44.40.07~
~~AI~
TRANSPORI!IION AGEN=
CIE~P~EPARATIQli
Qf 1QNG RANGE R1£]~~
~QMp-REH~!§I.Y] g~,S!.tl~ AN]2 FI]ANClli PLAN~
]!QQIREJ2~
Prior to October 1 of each
44.40.100
CONT]A£1~
AQ!HO]I~g]2~
The
legislative
transportation
committee
and/or the senate and house transportation
and utilities committees may enter into
contracts on behalf of the state to carry
out the purposes of this 1973 act (1973
1st ex. sess. c 210]; and it or they may
enter into contracts to receive federal or
other fund grants or gifts. When federal
or other funds are received, they shall be
deposited with the state treasurer and
thereafter expended only upon approval by
the committee or committees.
[1973 1st
ex. s. c 210 § 3. )
even-numbered year all state
agencies
whose major programs consist of transportation activities, including the state
highway commission, the toll bridge authority, the urban arterial board, the
Washington state patrol, the department of
motor vehicles, the traffic safety commission,
the
county road administration
board, and the aeronautics commission,
shall adopt or revise after consultation
with the legislative transportation committee, and/or senate and house transportation and utilities committees, a long
range plan of not less than six years and
comprehensive six-year program and financial plan for all transportation activities under each agency's ju~isdiction.
44.40. 11G
REVIEW !li!1 ~DY Qf !!!I!Q
fQ& TRANSPORTATION PROGRAMS AND
ACTIVITIES.
The--s~~e-and-house-trans:
portation--and u~ilities committees are
authorized to undertake a review of the
total taxing structure for transportation
programs and activities including:
(1)
Alternative methods of taxing fuels
and establishing license and road use
fees;
(2)
And the equity of the taxing structure, including but not limited to motor
vehicle tonnage and excise taxes, between
various classes of vehicles and users.
~~1~£~ BOt~~
For other powers, duties and studies contained in 1973 1st
ex.s. c 210, see RCW 44.40.090-44.40.110.
1973 RCW SUPP.
[ 441
~!]QCTQ~~
44.40.110
STATE GOVERNMENT--LEGISLATIVE
--------------------------------------------------------------------------------------45.82.020
Said study shall be divided into two
phases, a preliminary phase for the purpose of specifically defining the scope
and guidelines of the s~udy, and the major
study phase for the conduct of the detailed study work.
The committees are authorized to employ
a consultant to conduct the study and
cooperate with state and federal government agencies in the conduct of said
study.
The findings and recommendations of the
study shall be submitted to the legislature prior to the convening of the 1975
regular legislative session.
There is hereby appropriated from the
motor vehicle fund the sum of five hundred
th~usand dollars or so much thereof as may
be necessary to conduct the study.
The
committees are directed to seek federal
participation and are authorized to receive federal funds for said purpose.
( 1"973 1st ex.s. c 210 § 4.)
Levy of property taxes by
county commissioners.
Chapter 45.72
MISCELLANEOUS PROVISIONS
45.72. 050
PAYM~li.I QE QUTSTANQI,HQ ~11;
Q!TION..§=I!!
1J!.I lQ gAY ~b.IH!IONS.
There shall be levied annually at the-same
time the levy for general county taxes is
made, and by the officers levying the said
county tax,
a tax of not more than one
dollar and twenty-five cents per thousand
dollars of assessed value on all taxable
property within the territorial limits of
every such road district as the same
existed at the time of the adoption of
such township organization for the payment
of and until the full amount of all
indebtedness, together with all accrued
and accruing interest thereon, existing
against any such road district, shall have
be~n paid in full.
(1973 1st ex.s. c 195
§ 45; 1911 c 13 § 2; RRS § 11481.)
Chapter 44.60
LEGISLATIVE ETHICS
~§yg!:.ellii1I==.llfe£!iY~ .§§:!g§ ~!!£
M!i~m
£
gevis~£!§ g~~
The act which amended
this section [1972 ex.s.
c 82] was referred to and ratified by the people at
the November 7,
1972 general election
(Referendum Bill No. 24]. Section 50 of
Initiative Measure No.
276 which
was
approved at the same election repealed
1972 ex.s. c 82 and Referendum Bill No.
24. See RCW 42.17.940.
Chapter 45.82
AD VALOREM TAXES--SPECIAL ASSESSMENTS--
GIFTS--DISORGANIZATION ELECTION
45.82.020
LEVY OF .fJ!QgB!! ,!AXES BY
COQ.liTY COMMI2_SIONERS.
Any township which
at the time that this 1969 amendatory act
takes effect has outstanding obligations
in excess of anticipated receipts from
sources other than general tax levies for
the next ensuing year may certify the same
to the board of county commissioners and
the board shall levy taxes on the property
within the township at the rates which the
township would have been permitted to levy
except for this 1969 amenda~ory act until
such obligations have been extinguished,
and until such time such dollar rate levy
will take precedence over any additional
dollar rates of fire prntection districts
under this 1969 amendatory act. ( 1973 1st
ex.s. c 195 § 46; 1969 ex.s. c 243 § 3.)
Chapter 44.64
LEGISLATIVE LOBBYING
(Referendum Bill No. 24--1972)
g~64~Q1Q
12~~
!gJ!!l::
datg§=£2ns!£!!£ti2n=12ll jst ~.:.a.:.
See notes following RCW 84.52.043.
THROUGH 44.64.120 AND 44.64-
~90Q Il!ROUGH 44:64;930~-( 1972-ex:S. -cB2
§§ 1-10, 13-17 (Referendum Bill No. 24);
1967 ex.s. c 131 §§ 1, 2, 4-6.]
Repealed
by 1973 c 1 § 50 (Initiative Measure No.
276 § 50).
TITLE 45
TOWNSHIPS
sections added, amended, or repealed:
fhapt,g£ lli72
45.72.050
fha,p1fi
TITLE 46
MOTOR VEHICLES
Miscella~£1!§ PrQ!isio~
Payment of outstanding obligations-Tax levy to pay
obligations.
Sections added, amended, or repealed:
M
!!2&~
!al.Q£:2 Taxes_._~~£i~1
!§§§2§~U~Gift§=:Qi2Q&qaniza-
1iSHl
.Qlapte~ 46~Ql
~~
J:;!g£112!1~
[
442
)
Il.§Eli!!§ll! f!i Mo!,Q£ !g!!i;
TITLE 46
DIGEST OF TITLE
--------------------------------------------------------------------------------------ij6.01.130
ij6.01.140
ij6.01.300
Powers of department and director--Personnel--Appointment of
county auditors as agents.
County auditors, others, as
agents of director--Disposition
of application fees.
Mobile homes--Owner identification tag--Rules and
regulations.
46.16.560
46.16.565
46.16.570
46.16.575
46.16.580
s;M.lllfi !!..§.!.Q!i ]gfinili21!.2.!.
46.Qij.552
46.16.585
Special mobile equipment.
46. 16.590
s;M£1~~
46.!.1Q
46. 10.040
46.10.070
46.10.080
46.10.150
46.10.210
§nQ!~Q£ile§.!.
46.16.595
Application for registrationFee--Registration number-Term--Renewal--Transfer--Non·
resident permit--Decals.
Affixing and displaying registration number.
Distribution of snowmobile registration fees.
Treasurer's duty to refund
snowmobile fuel tax to general
fund--Crediting--Use.
Administration.
46.16.600
46.16.605
46.16.610
46.16.900
Ch~i~~ 46.:..lQ
£ard~.!.
46.20.100
46.16.010
46.16.020
46.16.045
46.16.104
46.16.106
46.16.115
46.16.355
46.16.510
46.16.520
46.16.530
46.16.540
46.16.550
46.16.555
Licenses and plates required-Exceptions.
Exemptions--State and publicly
owned vehicles--Registration.
Temporary permits--Authorized.
Mobile home movement permit,
vehicle license plates--Required--Copies to county
assessors.
Mobile home movement without
permit or vehicle license plate
as misdemeanor--Exception.
Payment of tonnage fees separately on trailers or semitrailers--Optional.
Personalized license plates-Fees, disposition.
Mobile home identification
tags--Issuance--Display~use of
tabs or emblems--Unlawful acts
relating to.
Mobile home identification
tags-Application for--Fee,
disposition--Provision for payment of property taxes due with
issuance of tag.
Mobile home identification
tags-Forwarding of applications, fees and taxes by
agents.
Mobile home identification
tags-Procedure upon receipt of
application-Renewal, application, fee, preissue.
Mobile home identification
tags-Taxes transmitted to
county treasurer.
Personalized license plates-Use of fees for support and aid
of wildlife resources--Purpose
of act.
1973 RCW SUPP.
[ 443
Personalized license plates-Defined.
Personalized license plates-Application.
Personalized license plates-Design.
Personalized license plates-Issuance to registered owner
only.
Personalized license plates-Application requirements.
Personalized license plates-Fees.
Personalized license plates-Transfer fees.
Personalized license plates-Transfer or surrender of plates
upon sale or release of vehicle
ownership.
Personalized license platesRules and regulations.
Personalized license platesDisposition of fees-Costs.
Referral to electorate.
Severability--1973 1st ex.s. c
132.
46.20.311
46.20.322
46.20.391
QriErS!
Licen§~==I!!.gnti::
Application of minor under
eighteen years of age--Cosignature required--Traffic safety
education cours~ required-Exception.
Duration of suspension or revocation--Conditions for reissuance or renewal.
Driver improvement interview
required before suspension, revocation, probation, or nonrenewal--Exceptions.
Occupational driver's license-Petition--Eligibility--Restrictions--cancellation.
46.44.040
Maximum gross weights--Axle
factor.
46.44. 04 7 Excess weight-Logging trucksSpecial permits-County or city
permits-Fees--Discretion of
arresting officer.
46.44.080 Local regulations--state highway regulations.
46.44.0941 Special permits for oversize or
overweight movements--Fees.
46.44.095 Special permits for oversize or
overweight movements--Additional gross load--Fees.
46.44.130 Farm implements-Gross weight
limitation exception-Penalty.
46.44.140 Farm implements-Special permits--Penalty.
46.52.130
]
Abstract of driving record to
be furnished insurance company,
TITLE 46
MOTOR VEHICLES
--------------------------------------------------------------------------------------46.70.101
employers--Confidentiality-F-aes--Penal t y.
46. 70. 120
46.70.130
46.61.427
46.61.52C
Slow moving vehicle to pull off
roadway.
Negligent homicide by motor vehicle--Penalty.
46.70.140
46.70.180
46.70.190
46.64.040
46.64.070
Nonresident's use of highways
as assent to being sued and
served in state--Resident leaving state--Secretary of state
as attorney in fact.
Stopping motor vehicles for
driver's license check, vehicle
inspection and test--Authorized--Powers additional.
46.70.280
46.70.900
46.70.920
Denial, suspension or revocation of licenses--Grounds.
Record of transactions.
Details of charges must be furnished buyer or mortgagor.
Handling "hot" vehicles-Unreported motor "s wi tches 11 ..-Unauthorized use of dealer plates-Penalty.
Unlawful acts and practices.
Civil actions for violations-Injunctions--Claims under Federal Automobile Dealer Franchise Act--Time limitation for
filing action.
License renewal period under
1971 act.
Liberal construction--1967 act.
Severability--1973 1st ex.s. c
132.
Chapter 46.:.72
~haJ21g£
46.65 WashinSiiQD. Ha!!itug_J. :tts..fti£
Q.f.fgJ!ggrs A£1.:.
46.65.060
court order--Filing with department--Revocation of operator's license--Stay by court
order.
~hap1_gr ~~ft
~£2
46.72.040
46.72. 050
46.68.100
46.68.120
~.E.i,gr
Disposition of vehicle license
fees.
Allocation of net tax amount in
motor ~ehicle fund.
Distribution of amount allocated to counties.
l1.9.!!.\!1.s~.I§.:.
46.70.031
46.70.041
46.70.051
46.70.060
46.70.061
46.70.070
46.70.075
46.70.081
46.70.082
46.70.083
46.70.090
Proportional registration of
fleet vehicles, application,
fee--Formula and payment.
Chapter 46.01
DEPARTMENT OF MOTOR VEHICLES
Cross Reference:
Gambling commission, administrator
staff for: RCW 9.46.080.
!§.!.1Q
46.70.005
46.70.011
46.70.021
Surety bond.
Liability coverage--Right of
action saved.
ggs=.i££££s.1 2r f£2P2rii2n~l
Reqi.§.:n:s. ti.Q!! 2!. !§Jll£1Sl2.:.
Di§POS1!12~ Q.f B~venu~.!.
Un.fair ~icle Bu§ine§§
.Rrac;:ti£~.2=Dealer~ ~lg§~ i l l
Iuns2ortEJ;.io!! of fg2~:
r2r Hir~ !~hicles.
~hsPi~ i2~~2
46.85.120
46.68.030
ig
Declaration of purpose.
Definitions.
License reguired for dealers,
salesmen or manufacturers.
Application for license--Form.
Application for license-Contents.
Issuance of license.
Dealer's license fee--Dealer's
plates.
Fees--Disposition.
Dealers--Bond required--Actions--Cancellation of license.
Manufacturers--Bond required-Actions--Cancellation of
license.
Dealer to advise of business
location, change--Requirements
for multiple locations--Six
months' continuation on death
or incapacity of holder.
Salesman's license--Issuance-Posting--Procedure on termination of employment.
Expiration of license or registration--Application for
renewal.
Dealer and manufacturer license
plates--Use.
and
46.01.130
.RQ.@RS OF DEf!li!IDI ANQ QIRECTOR--PERSONNEL--APPOINTHENT OF £0U!!!
AU~Q~-is -!GENTS.-~he--department of
motor vehicles shall have the general
supervision and control of the issuing of
vehicle licenses and vehicle license number plates and shall have the full power
to do all things necessary and proper to
carry out the provisions of the
law
relating to the licensing of vehicles; the
director shall have the power to appoint
and employ deputies, assistants and representatives, and such clerks as may be
required from time to time, and to provide
for their operation in different parts of
the state, and the director shall have the
power to appoint the county auditors of
the several counties as his agents for the
licensing of vehicles. ( 1973 c 103 § 2;
1971 ex.s. c 231 § 8; 1965 c 156 § 13;
1961 c 12 § 46.08.090. Prior: 1937 c 188
§ 26;
RRS § 6312-26; prior: 1921 c 96 §
3, part; 1917 c 155 § 2, part; 1915 c 142
§ 3, part. Formerly RCW 46.08.090.]
Sevggbility=12ll £ 1Ql.i "If any p~oÂ
vision of this 1973 amendatory act, or 1ts
application to any person or circumstance
( 444 )
46. 10.040
SNOWMOBILES
--------------------------------------------------------------------------------------is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected."
(1973 c 103 § 9.]
This
applies to the amendments to RCW 46.01.130,
46.01.140, 46.68.030, 82.50.902,
46.16.104, 46.16.106 and to the repeal of
RCW 46.01.300, 46.16.510-46.16.550 by 1973
c 103.
46. 01.140
~OUNTX
!!mllQ!i2.L QTHER~ !2
!GENT2 Qf QI!i~~TOR~DI2PO~lliON Qf !.fPLI=
CATIOH
!~~2~
The county auditor, if
appointed by the director of motor vehicles shall carry out the provisions of
this title relating to the licensing of
vehicles
and the issuance of vehicle
license number plates under the direction
and supervision of the director and may
with the approval of the director appoint
assistants as special deputies to accept
applications and collect fees for vehicle
licenses and transfers and to deliver
vehicle license number plates.
At any time any application is made to
the director, the county auditor or other
agent pursuant to any law dealing with
licenses, certificates of ownership, registration, the right to operate any vehicle upon the public highways of this
state, the applicant shall pay to the
director, county auditor or other agent a
fee of fifty cents for each application in
addition to any other fees required by
law, which fee of fifty cents, if paid to
the county auditor as agent of the director, or if paid to an agent of the county
auditor, shall be paid to the county
treasurer in the same manner as other fees
collected by the county auditor and credited to the county current expense fund.
In the event that such fee is paid to
another agent of the director, such fee
shall. be used by such agent to defray his
expenses
in handling the application:
PROVIDED, That in the event such fee is
collected by the state patrol, as agent
for the director,
the fee so collected
shall be certified to the state treasurer
and deposited to the credit of the motor
vehicle fund.
All such filing fees co~Â
lected by the director or branches of his
office shall be certified to the state
treasurer and deposited to the credit of
the highway safety fund. [1973 c 103 § 1;
1 971 ex. s. c 231 § 9: 1971 ex. s. c 91 § 3:
1965 c 156 § 14; 1963 c 85 § 1; 1961 c 12
§ 46.08.100.
Prior: 1955 c 89 § 3;
1937
c 188 § 27; RRS § 6312-27.
Formerly RCW
4 6. 08 • 1 0 0 • ]
46.01.300
MOBIL] HQ~]~==QHH]] IDE]l.!=
FI<;,A1IO!{
!!G--J.Q1ES
AND
REQQll,IION.§~
( 1971 ex. s. c 231 § 12.] Repealed by 1973
c 103 § 8.
197 3 RCW SUPP.
Chapter 46.04
DEFINITIONS
46.04.552
SPECI!b ~OBIL~
~QQI.fMEN!~
"Special mobile equipment" means every
vehicle not designed or used primarily for
the transportation of persons or property
and only incidentally operated or moved
over a highway, including but not limited
to: Ditch digging apparatus,
well boring
apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders,
tractors other than truck-tractors, ditchers, leveling graders, finishing machines,
motor graders, road rollers, scarifiers,
earth
moving carry-alls and scrapers,
power shovels and draglines, and selfpropelled cranes and earth moving equipment. The term does not include house
trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other
vehicles designed for the transportation
of persons or property to which machinery
has been attached. [1973 1st ex.s. c 17 §
1; 1972 ex.s. c 5 § 1; 1963 c 154 § 30.]
Chapter 46.10
SNOWMOBILES
46.1C.040
APPL~ATIQ]
!Qli g~GISTRAÂ
!ION--FEE--REGISIRATlQ] HUM~~B==I~li~==RE=
NEWAL--TRANSFER--NONRESIDENT
PEli8IT-=
DE~AL2~---Application---for- registration
shall be made to the department in such
manner and upon such forms as the department shall prescribe, and shall state the
name and address of each owner of the
snowmobile to be registered, and shall be
signed by at least one such owner, and
shall be accompanied by a registration fee
of five dollars.
Upon receipt of the
application and the application fee, such
snowmobile shall be registered and
a
registration number assigned, which shall
be affixed to the snowmobile in a manner
provided in RCW 46.10.070.
The registration provided in this section shall be valid for a period of one
year.
A~
the end of such period
of
registration, every owner of a snowmobile
in this state shall renew his registration
in such manner as the department shall
prescribe, for an additional period of one
year, upon payment of a renewal fee of
five dollars.
Any person acguiring a snowmobile already validly registered under the provisions of this chapter must, within ten
days of the acquisition or purchase of
such snowmobile, make application to the
department for transfer of such registration, and such application shall be accompanied by a transfer fee cf one dollar.
A snowmobile owned by a resident of
another state where registration is not
required by law may be issued a nonresident registration permit valid for not
more than sixty days. Application for such
[ 445 ]
46.10.040
MOTOR VEHICLES
--------------------------------------------------------------------------------------a permit shall state name and address of
each owner of the snowmobile to be registered and shall be signed by at least one
such owner and shall be accompanied by a
registration fee of two dollars.
The
registration permit shall be carried on
the vehicle at all times during
its
operation in this state.
The registration fees provided in this
section shall be in lieu of any personal
property or excise tax heretofore imposed
on
snowmobiles by this state or any
political subdivision thereof, and
no
city, county, or other municipality, and
no state agency shall hereafter impose any
other registration or license fee on any
snowmobile in this state.
The department shall make available a
pair of uniform decals consistent with the
provisions of RCW 46.10.070 as now or
hereafter amended.
In addition to the
registration fee provided herein the department shall charge each applicant for
registration
the actual cost of said
decal, up to fifty cents per pair of
decals.
The department shall make available replacement decals for a fee of one
dollar and fifty cents per pair. [1973
1st ex.s. c 128 § 1; 1972 ex.s.
c 153 §
20; 1971 ex.s. c 29 § 4.]
46.10.070
AFFIXING AND DISPLAYING REG,lm;:RATION ]UME~The registrationnumber
assigned to each snowmobile shall
be
permanently affixed to and displayed upon
each snowmobile in such manner as provided
by rules adopted by the department, and
shall be maintained in a legible condition;
except dealer number plates as
provided for in RCW 46.10.050 may be
temporarily affixed.
[1973 1st ex.s. c
128 § 2; 1972 ex.s. c 153 § 21; 1971 ex.s.
c 29 § 7. ]
DI§TR!§YIIO! OF §!Q]!Qlilk~
FEES~
The moneys collected
by the department as snowmobile registration fees shall be distributed in the
following manner:
(1)
Ten percent each year for the first
two years after August 9, 1971, and five
percent each ytar for each ytar thereafter
shall be retained by the department to
cover expenses incurred in the administration of this chapter.
(2)
Twenty-five percent each year shall
be distributed to the treasurers of those
counties of this state having significant
snowmobile use in such sums or upon such a
formula as shall be determined by the
director after consulting with and obtaining the advice of the washington state
association of counties, and shall be
deposited in the county general fund and
expended to defray the cost of administering this chapter.
{3)
For the first two years after August 9,
1971, fifteen percent each year
46.10.080
]ggl§TR~IlQB
( 446
shall be remitted to the sta~e treasurer
for deposit into the general fund and
shall be credited to the commission and
shall be expended for snow removal opera~ions at other than developed recreational
facilities.
Thereafter twenty percent
each year shall be so remitted for such
purposes:
PROVIDED, That the unused portion of the moneys allotted to the commission for snow removal operations at other
than developed recreational facilities, as
prov~ded
for in this section and in RCW
46.10.150, from the registration moneys
and the gasoline fuel tax, as of March 1
of the second year of the biennium shall
revert to the development and operation
fund of the commission.
(4)
Fifty percent each year shall be
remitted to the state treasurer to be
deposited in the general fund, and shall
be ct:e<lited in equal amounts to
the
commission,
the department of natural
resources, and the department of game and
shall be expended on the development or
operation of snowmobile facilities, but
not on the acquisition or operation thereof. The commission, the department of
natural resources and the department of
game shall, not later than March 1st of
each year, prepare and submit to the
washington state parks and
recreation
commission an annual report which shall
indicate the purposes for which
such
amounts were expended. [ 1973 1st ex.s. c
128 § 3; 1972 ex.s. c 153 § 22; 1971 ex.s.
c 29 § 8. ]
46 .10.150
TR_MSUREB.~§
}2UT! l'.Q !!Ef.Y.!Q
§]QWMQBILE l.!:!,£;1 TA! IQ GENERAL FUND£B.]Qllll§=Y§.£;~ From time totime, 'blitat
least once each biennium, the director
shall
request the state treasurer to
refund from the motor vehicle fund amounts
which have been determined to be a tax on
snowmobile fuel, and the treasurer shall
refund such amounts and place them in the
general fund( ; ] twenty-five percent of
such amounts shall be credited to the
commission and shall be expended by it for
snow removal operations at other than
developed recreational facilities; seventy-five percent of such amounts shall be
credited, in equal amounts, to the commission, department of natural resources, and
the department of game, and shall be
expended for the development or operation,
but not acquisition, of snowmobile facilities.
( 1973 1st ex.s. c 128 § 4; 1971
ex.s. c 29 § 15.]
46.10.210
AD.§l!.ISTRAfi.Ql!~
With
the
exception of the registration and licensing prov~s~ons,
this chapter shall be
administered by the washington state parks
and recreation commission.
( 1973
1st
ex.s. c 128 § 5.]
J
VEHICLE LICENSES
46.16.020
--------------------------------------------------------------------------------------Chapter 46. 16
VEHICLE LICENSES
46.16.010
LICENSES AND
PLATES
BE=
~Q!REQ==E!~ERTION~~---It-Shall-be-~nlawful
for a person to operate any Vthicle over
and along a public highway of this state
without first having obtained and having
in full force and effect a current and
proper vehicle license and display vehicle
license number plates therefor as by this
chapter provided: PROVIDED,
That these
provisions shall not apply to farm vehicle
as defined in RCW 46.04.181 if operated
within a radius of fifteen miles of the
farm where principally used or garaged,
farm tractors and farm implem€nts including trailers designed as cook or bunk
houses used exclusively for animal herding
temporarily operating or drawn upon the
public highways, and trailers used exclusively to transport farm implements from
one farm to another during the daylight
hours or at night when such equipment has
lights that comply with the law: PROVIDED
FURTHER, That these provisions shall not
apply to spray or fertilizer applicator
rigs designed and used exclusively for
spraying or fertilization in the conduct
of agricul~ural operations and not primarily for the purpose of transportation, and
nurse rigs or equ~pment auxiliary to the
use of and designed or modified for the
fueling, repairing or loading of spray and
fertilizer applicator rigs and not used,
designed or modified primarily for the
purpose of transporta~ion: PROVIDED FURTHER, That these provisions shall not
apply to equipment defined as follows:
"Special highway construction equipment"
is any vehicle which is designed and used
primarily for grading of highways, paving
of
highways, earth moving, and other
construction work on highways and which is
not designed or used primarily for the
transporta~ion of persons or property on a
public highway and which is only incidentally operated or moved over the highway.
It includes,
but is not limited to, road
construction and maintenance machinery so
designed and used such as portable air
compressors, air drills, asphalt spreaders, bituminous mixers,
bucket loaders,
track laying tractors, ditchers,
leveling
graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls,
lighting plants,
welders, pumps,
power
shovels and draglines, self-propelled and
tractor-drawn earth moving equipment and
machinery, including dump trucks and tractor-dump trailer combinations which either
(1)
are in excess of the legal width or
(2) which, because of their length, height
or unladen weight, may not be moved on a
public highway without the permit specified in RCW 46.44.090 and which are not
operated laden except within the boundaries of the project limits as defined by
the contract, and other similar types of
construction equipment, or (3) which are
1973 RCW SUPP.
[ 44 7
driven or moved upon a public highway only
for the purpose of crossing such highway
from one property to another,
provided
such movement does not exceed five hundred
feet and the vehicle is equipped wi~h
wheels or pads which will not damage the
roadway surface.
Exclusions:
"Special highway construction equipment"
does not include any of the following:
Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any
subsequent modification which would require a permit, as specified in
RCW
46.44.090, to operate such vehicles on a
public highway, including trailers, truckmounted transit mixers, cranes and shovels, or other vehicles designed for the
transportation of persons or property to
which machinery has been attached.
(1973
1st ex.s.
c
17 § 2; 1972 ex.s. c 5 § 2;
1969 c 27 § 3; 1967 c 202 § 2; 1963 ex.s.
c 3 §51; 1961 ex.s. c 21 § 32; 1961 c 12
§ 46.16.010.
Prior:
1955 c 265 § 1; 1947
c 33 § 1; 1937 c 188 § 15; Rem. Supp. 1947
§ 6312-15; 1929 c 99 § 5; RRS § 6324.]
46.16.020
E!EMPTIOH2==2!AI~
AHQ RQ~=
LICLY OWNED VEHICLES--REGISTRATION.
Any
vehicle-owned,-rentea--or--reasea--by the
state of Washington, or by any county,
city, town,
school district or
other
political subdivision of the state of
washington and used exclusively by th~m,
and all vehicles owned or leased with an
option to purchase by the United States
government, or by the government of foreign countries, or by international bodies
to which the united states government is a
signatory by treaty, and used exclusively
in its or their service shall be exempt
from the payment of license fees for the
licensing
thereof as in this chapter
provided: PROVIDED,
HOWEVER, That such
vehicles, except those owned and used
exclusively b¥ the United States government and which are identified by clearly
exhibited registration numbers or
license
plates assigned by an instrumentality of
that government, shall be registered as
prescribed for the license registration of
other vehicles and shall display upon the
vehicles the vehicle license number plates
assigned by the director and except in
cases of a foreign government or international body shall pay for such number
plates a fee of one dollar: PROVIDED,
FURTHER, That no vehicle license or license number plates shall be issued to any
such vehicle under the provisions of this
section for the transportation of school
children unless and until such vehicle
shall have been first personally inspected
by the director or his duly authorized
representative.
(1973 1st ex.s. c 132 §
22; 1967 c 32 § 14; 1965 ex.s. c 106 § 1;
1961 c 12 § 46.16.020.
Prior:
1939 c 182
§ 4; 1937 c 188 § 21; RRS § 6312-21; 1925
ex. s.
c 4 7 § 1; 19 21 c 96 .§ 17; 1 919 c 4 6
J
46.16.020
MOTOR VEHICLES
----------------- -------------------------------------------------------------------§ 2; 1917 c 155 § 12; 1915 c 142 § 17; RRS
§ 6329.]
~~~£shility--1973 1§1 ex.s~ £ 1321
RCW 46.16.900, 46.70.920.
See
46.16.045
TEMPORARY
PERMITS--AUTHO(1)
The department in its discretion may grant a temporary permit to
operate a vehicle for which application
for registration has been made, where such
application is accompanied by the proper
fee pending action upon said application
by the department.
(2)
The department may authorize vehicle dealers properly licensed pursuant to
chapter
46.70 RCW to issue temporary
permits to operate vehicles under such
rules and regulations as the department
deems appropriate.
(3)
The fee for each temporary permit
application distributed to an authorized
vehicle dealer shall be five dollars which
shall be credited to the payment
of
registration fees at the time application
for registration is made. [1973 1st ex.s.
c 132 § 23; 1961 c 12 § 46.16.045. Prior:
1959c66§1.]
RIZ~~
46.16.104
MOBILg liQME ~~~!HI fgR&I!L
VEHICLE li.mSE PLA!f!S-::REQ!!I!i~~OPIES
IQ ~OUMII A~~SORS~ The director of
highways shall require every person except
a dealer using dealer license plates or a
transporter using transporter license number plates moving a mobile home on the
public roads and highways of this state to
obtain a mobile home movement permit as
provided in RCW 46.16.105 and pay the fee
therefor. The director of highways shall
issue a copy of such permit to
the
assessor of the county where such mobile
home was located and to the assessor of
the county where such mobile home will be
located:
PROVIDED, That when a mobile
home is to enter this state, a copy of
such permit shall only be sent to the
assessor of the county where such mobile
home will be located and when a mobile
home is to leave this state, a copy of
such permit shall only be sent to the
assessor of the county where such mobile
home was located.
Nothing herein should be construed as
prohibiting the issuance of vehicle license plates for a mobile home but no such
plates shall be issued unless the mobile
home for which such plates are sought has
been listed for property tax purposes in
the county in which it is principally
located and the appropriate fee for such
license has been paid. [1973 c 103 § 6;
1971 ex.s. c 231 § 20.]
46.16.106
~QBI1] tlQ~] 80!]~]~! !I!HOUT
PERMII QB !~til~~ 1~M~ g1A!~ !~ MISDE:
~~AMQli=!!9g!!QlL. Any person who -5haii
move a mobile home on the public roads and
highways of this state when such mobile
home does not have a mobile home movement
permit obtained as required by RCW 46.16.105 or vehicle license plate shall be
guilty of a misdemeanor:
PROVIDED, That
such person shall be relieved of such
criminal liability if such mobile home
displays dealer license plates or transporter license number plates and if within
ten days of moving a mobile home, the
person notifies the director of the department of highways of the origin and
destination of the mobile home.
( 1913 c
103 § 7; 1971 ex.s. c 231 § 22.]
46.16.115
PAYMENT OF TONNAGE FEES SEPARAI~l!I QM TRinEP:s oR sE'MrTRiri:ERs-=op:
TrQBAL~ The owner~hereo£--ffia¥--eiee~-to
pay tonnage fees separately on a trailer
or semitrailer:
PROVIDED, HOWEVER,
In
order to exercise this option the owner
must pay for the maximum permissible gross
weight for the vehicle under RCW 46.44.040
and 46.44.042.
The gross weight fee for such trailers
and semitrailers shall be as follows:
Up to 12,000 pounds •••••••• As specified in
column A of RCW 46.16.070
More than 12,000 pounds but
not more than 18,000 pounds •••••• $178.00
More than 18,000 pounds but
not more than 32,000 pounds •••••• $401.00
More than 32,000 pounds but
not more than 36,000 pounds ••.••• $470.00
When vehicles licensed under this section are used with a truck tractor or
motor truck the licensed gross weight of
the combination shall be the sum of the
licensed gross weights of the vehicles
forming the combination. [1973 1st ex.s.
c 150 § 4; 1969 ex.s. c 170 § 15.]
46.16.355
PERSONALIZED
1JCENSE
PLATES==FEESL DISPOSITIQN. ( 197'1 ex.s. c
114 § 4.]
Repealed by 1973 1st ex.s. c
200 § 13.
Reviser's ~2121 The repeal of this section-by--1973 1st ex~s. c 200 was subject
to a referendum.
The referendum (Referendum Bill No. 33) was adopted and ratified
by the people at the November 6, 1973
general election.
[ 448 ]
VEHICLE LICENSES
46.16.595
--------------------------------------------------------------------------------------license plates series or with the provisions
of RCW 16.16.230 or 46.16.235.
[1973 1st ex.s. c 200 § 4.]
46.16.575
f§RSONALI~~g
1ICE!2§
PLATES--ISSUANCE TO REGISTERED Qli!§B Qli1!~
Personaiized--license--piat;s-shall be issued only to the registered owner of a
vehicle on which they are to be displayed.
[ 1973 1st ex. s. c 200 § 5.]
46.16.540
MO~Ib~
fiQ~~
!~~N!Ifi£ATJQM
lliL::RJ!QCE~QRE QPOM l!~g,lPT
OF illli£b=
IIQM==li~Mi!A1~ ARl11£AIIQM~ r~~~ PR~ISSY~~
[ l971 ex.s. c 231 § 18.]
c 103 § 8.
Repealed by 1973
46.16.555
£ERSONALIZED
Q.£: FEES _fOR 2UPPQlii
!,ILDLIU. !U~S0!!!19~=--fURP02~ Q.£:
RCW 77. 12.175.
~IJ,.TES-!!2~
46.16.560
£~RSON!11~Q
LICENSE
£1!TE~DEFINED~
Personalized
plates, as used in this chapter, means
license plates that have displayed upon
them the registration number assigned to
the passenger motor vehicle for which such
registration number was issued in a combination of letters or numbers, or both,
requested by the owner of the vehicle.
( 1973 1st ex. s. c 200 § 2.]
IIcens;
46.16.565
f~RSONA1IZE~
gLATE~PPLI£ATION~
Any
1I£!N2~
person who is
the registered owner of a passenger motor
vehicle registered with the department or
who makes application for an original
registration of a passenger motor vehicle
or renewal registration of a passenger
motor vehicle may. upon payment of the fee
prescribed in RCW 46.16.585, apply to the
department
for
personalized
license
plates, in the manner described in RCW
46.16.580, which plates shall be affixed
to the passenger motor vehicle for which
registration is sought in lieu of the
regular license plates. [ 1973 1st ex.s. c
200 § 3. ]
46.16.570
PERSONALIZED
LICENSE
~1A~=:DESI2~-The-pei5onalized
plates shall be the same design as regular
passenger motor vehicle license plates,
and shall consist of numbers or letters,
or any combination thereof not exceeding
six positions and not less than
two
positions: PROVIDED, That there are no
conflicts with existing passenger, commercial,
trailer, motorcycle, or special
IIcense
1973 RCW SUPP.
46.16.580
PERSQMAL!~]~
R1AIES==!RR~I£!!IO] ~Q.YIR~n~NI2~
11£~!2~
An applicant for issuance of personalized license pla~es or renewal of such plates in
the
subsequent year pursuant to this
chapter shall file an application therefor
in such form and by such date as the
department may require, indicating thereon
the combination of letters or numbers, or
both, requested as a vehicle license plate
number.
There shall be no duplication or
conflict with existing or projected vehicle license plate series or other numbering systems for records kept by
the
department, and the department may refuse
to issue any combination of letters or
numbers,
or
both,
that
may
carry
conno~ations offensive to good
taste and
decency or which would be misleading or a
duplication of license plates provided for
in chapter 46.~6 RCW. [1973 1st ex.s. c
200 § 6. ]
46.16.585
PERSONALIZED
1If§M§~
PLAT~2==!:~~2~ InadditiOri to the regular
registration fee,
and any other fees and
taxes required to be paid upon registration, the applicant shall be charged a fee
of thirty dollars. In addition to the
regular renewal fee, and in addi~ion to
any other fees and taxes required to be
paid, the applicant for a renewal of such
plates shall be charged an additional fee
of tw~nty doll~rs. (1973 1st ex.s. c 200
§ 7. ]
46.16.590
PERSONALI~ED
LICEN2~
PLATES--TRANSfER fEE~ Whenever any person
who has been issued personalized
license plates applies to the department
for transfer of such plates to a subsequently acquired passenger motor vehicle,
a transfer fee of five dollars shall be
charged in addition to all other appropriate fees.
Such transfer fees shall be
deposited in the motor vehicle
fund.
[1973 1st ex.s. c 200 § 8.]
46.16.595
PERSONALI~ED
li.A!~§=-TRA!2IER
OR §!!RRENDE!l
LICEN§§
Q.£:
fLA,I~§
UPON SALE OR RELEASE OF VEHICLE Qlili§SSHif~
--;;y--person--who ~as--been issued
personalized license plates sells, trades,
or otherwise releases ownership of the
vehicle upon which the personalized license plates have been displayed, he shall
when
( 449 ]
46.16.595
I'IOTOR VEHICLES
--------------------------------------------------------------------------------------immediately report the transfer of such
plates to an acquired passenger motor
vehicle pursuant to RCW 46.16.590, or he
shall surrender such plates to the department forthwith and release his priority to
the letters or numbers, or combination
thereof,
displayed on the personalized
license plates.
[1973 1st ex.s. c 200 §
9. ]
46.16.900
.2Y.MHli.ll=1.273 1.§1: .Ex.s.
£ 11~~
If any provision of this1973
amendatory act is declared unconstitutional, or the applicability thereof to any
person or circumstances is held invalid
the constitutionality of the remainder
the amendatory act and the applicability
thereof to persons and circumstances shall
not be affected thereby. [ 1973 1st ex.s.
c 132 § 24. )
of
46.16.600
PERSONALIZED
k!fENS~
.f1!TES-R!l!&2 ANDREGQLATl.Q!.§..!.. The director of motor vehicles may establish such
rules and regulations as may be necessary
to carry out the purposes of RCW 46.16.560
through 46.16.595. [1973 1st ex.s. c 200
§ 10. )
46.16.605
PERSONALIZED
LI~ENS~
fll!E.i-DI,ifQSITIQli QI Im=£0S~
All
revenue derived from the fees provided for
in RCW 46.16.585 shall be forwarded to the
state treasurer accompanied by a proper
identifying detailed report and by him
deposited to the credit of the state game
fund.
Administrative costs incurred by the department of motor vehicles as a direct
result of *this 1973 amendatory act shall
be appropriated by the legislature from
the state game fund from those funds
deposited therein resulting from the sale
of personalized license plates. If the
actual costs incurred by the department of
motor vehicles are less than that which
has been appropriated by the legislature
the remainder shall revert to the state
game fund. (1973 1st ex.s. c 200 § 11.)
,Bevise£~.2 !!,2te:
"this 1973 amendatory
act" consists of an amendmen~ to RCW
77.12.170, to the repeal of RCW 46.16.355,
and to the enactment of RCW 46.16.56046.16.605 and 77.12.175, all by 1973 1st
ex.s. c 200.
Cross Reference:
State game fund:
RCW 77.12.170.
46.16.610
REFERRAL
TO
E1E£!Q,B!TE.!..
This 1973 amendatory-act shall be submitted to the people for their adoption and
ratification, or rejection, at the next
general election to be held in this state
in accordance with the provisions
of
section 1, Article II of the Constitution
of the state of washington, as amended,
and the laws adopted to facilitate the
operation thereof. [1973 1st ex.s. c
200
§ 14. ]
.BSYiSg£~ note:
This section applies to
the amendment of RCW 77.12.170,
to the
repeal
of RCW 46.16.355, and to the
enactment of RCW 46.16.560-46.16.605 and
77.12.175, all by 1973 1st ex.s. c 200.
The act was adopted and ratified by the
people at the November 6, 1973 general
election.
[ 450
Chapter 46.20
DRIVERS' LICENSES--IDENTICARDS
46.20.100
AP£1IC!11Q! QF MINOR UNDER
EIQl!!EEN YEAR.§. Q£: AGE-COSIGNATURE-Ri:
Q!!l.B~~TRA£:!:1.~ §.AFET!- EDUCATIOH-~mtill
RE.QQilED==E!£EPTIO&
The department of
motor vehicles shall not consider the
application of any minor under the age of
eighteen years for a driver's license
unless:
(1)
The application is also signed by
the father or mother of the applicant,
otherwise by the parent or guardian having
the custody of such minor, or in the event
a minor under the age of eighteen has no
father, mother, or guardian, then a driver's license shall not be issued to the
minor unless his application is
also
signed by his employer; and
(2)
The minor has satisfactorily completed a traffic safety education course
as defined ir.. RCW 46. 81. 010, conducted by
a recognized secondary school, that meets
the standards established by the office of
the state superintendent of public instruction or the minor has satisfactorily
completed
a
traffic safety education
course, conducted by a commercial driving
instruction enterprise,
that meets the
standards established by the office of the
superintendent of public instruction and
is officially approved by that office on
an annual basis: PROVIDED, HOWEVER, That
the director may upon a showing that an
individual was unable to take or complete
a driver education course waive
said
requirement if the minor shows to the
satisfaction of the department that a need
exists for him to operate a motor vehicle
and he has the ability to operate a motor
vehicle
in such a manner as not to
jeopardize the safety of persons or property, under rules to be promulgated by the
department in concert with the supervisor
of the traffic safety education section,
office of the superintendent of ~ublic
instruction.
( 1973 1st ex. s. c 154 § 87;
1972 ex.s. c 71 § 1; 1969 ex.s. c 218 §
10; 1967 c 167 § 1; 1965 ex.s. c 170 § 43;
1961 c 12 § 46.20.100.
Prior: 1937 c 188
§ 51; RRS § 6312-51; 1921 c 108 § 6, part;
RRS § 6368, part. J
,igygrabi.J..~iY=.121J 1.21 SlKL2.L ~
note following RCW 2.12.030.
]
11!U see
46.20.391
DRIVERS' LICENSES-IDENTICARDS
--------------------------------------------------------------------~------------------
~6.20.311
QY~!IIO! Ql ~Y2R~l!2IQli __
oo~_R
11 nocA.IIQ]=~ID!!!ITioN2 IQB !!EiamzA1'!9 l(
EE!EW!1~
(1)
The department shall not
suspend a driver's license or privilege to
drive a motor vehicle on the
public
highways for a fixed period of more than
one year, except as permitted under RCW
46.20.342.
Whenever the license of any
person is suspended by reason of a conviction or pursuant to RCW 46.20.291, such
suspension shall remain in effect and the
department shall not issue to such person
any new or renewal of license until such
person shall pay a reinstatement fee of
ten dollars and shall give and thereafter
maintain proof of financial responsibility
for the future as provided in chapter
46.29 RCW.
(2)
Any person whose license or privilege to drive a motor vehicle on the
public highways has been revoked shall not
be
entitled to have such license or
privilege renewed or restored unless the
revocation was for a cause which has been
removed, except that after the expiration
of six months in cases of revocation for
refusal to submit to a chemical test under
the prov~s~ons of RCW 46.20.308, and in
all other revocation cases after
the
expiration of one year from the date on
which the revoked license was surrendered
to and received by the department, such
person may make application for a new
license as provided by law together with
an additional fee in the amount of ten
dollars, but the department shall not then
issue a new license unless it is satisfied
after investigation of the driving ability
of such person that it will be safe to
grant the privilege of driving a motor
vehicle on the public highways, and until
such person shall give and thereafter
maintain proof of financial responsibility
for the future as provided ~n chapter
46.29 RCW. [ 1973 1st ex. s. c 36 § 1; 1969
c 1 § 2 (Initiative Measure No. 242 § 2) :
1967 c 16 7 § 5; 196 5 ex. s. c 121 § 27. ]
DRI!EE
46.20.322
~IQQJRE~
g!Q]ATIQN~
~IQB~
Q!!
I~R!!Q!]~~EI !l!!]~XI~~
~Q~gEl!~JQN~
S~VOf!TIQl!~
NOJ'!!!ENE~!L--_!!~~~!I~~
(1)
Whenever the department proposes to suspend or revoke the driving privilege of
any person or proposes to impose terms of
probation on his driving privilege or
proposes to refuse to renew a driver's
license, notice and an opportunity for a
driver improvement interview shall
be
given before taking such action, except as
provided in RCW 46.20.324 and 46.20.325.
(2)
Whenever the department proposes to
suspend, revoke, restrict or condition a
juv~nile
driver's driving privilege the
department may require the appearance of
the juvenile's legal guardian or father or
mother, otherwise the parent or guardian
having custody of the minor.
[1973 1st
ex.s. c 154 § 88; 1967 c 167 § 6;
1965
ex.s. c 121 § 29.]
1973 RCW SUPP.
[ 451
2~YQ~bi1iiY==l973
l§i
~~~§~ £ 12~~
See
note following RCW 2.12.030.
46.20.391
Q~CUR!IlQEAL
DRl!EB~~
£EH2E--_f!!!!IQJ'!_~LIGI]I1!II==~~~I~!f=
.tlQli2::-SA.!'!~£!!~1!!IO!f.:.
( 1)
A person
11=
is
eligible to petition for an occupational
driver's license if he has been convicted
of an offense relating to motor vehicles,
other than negligent homicide or manslaughter, for which suspension or revocation of his driver's license is mandatory:
PROVIDED, That notwithstanding the provisions of RCW 46.20.270, if such person
declares at the time of conviction his
intent to so petition, the court may stay
the effect of such mandatory suspension or
revocation for a period not to exceed
thirty days to allow the making of such
petition.
{2)
A petitioner for an occupational
driver's license is eligible to receive
such license only if:
(a)
Within one year immediately preceding the present conviction he has not been
convicted of any offense relating to motor
vehicles for which suspension or revocation of a driver's license is mandatory;
and
(b)
He is engaged in an occupation or
trade which makes it essential that he
operate a motor vehicle; and
(c)
He files satisfactory proof of financial responsibility pursuant to chapter
46.29 RCW.
(3)
A petitioner
for an occupational
driver's license must file a verified
petition on a form provided by the director,
who shall issue such form upon
receipt of the prescribed fee if petitioner is eligible under the requirements of
subsections (1) and (2) (a) and (2) (c) of
this section.
Petitioner must set forth
in detail in such petition his need for
operating a motor vehicle and may file
such petition with any judge in a court of
record,
justice court, or municipal court
having criminp.l jurisdiction in the county
of the petitioner's residence.
If such petitioner is qualified under
the provisions of subsection (2J (b) of
this section, and if the judge to whom
petition was made believes such petition
should be granted, such judge may order
the director to issue an occupational
driver's license to such petitioner:
PROVIDED, That an occupational driver's license may be issued for a period of not
more than one year, and shall permit the
operation of a motor vehicle not to exceed
twelve hours per day and then only when
such opera~ion is essential to the licensee's occupation or trade: PROVIDED FURTHER, That such order shall be on a form
provided by the director, and shall contain definite restrictions as to hours of
the
day, days of the week,
type of
occupation, and areas or routes of travel
to be permitted under such license and
such other conditions as the judge granting the same deems appropriate.
]
46.20.391
MOTOR VEHICLES
--------------------------------------------------------------------------------------A copy of the order and of the petition
shall be sent to the director by the
court. The order shall be given to the
petitioner and shall serve as his occupational license until the petitioner receives the license issued by the director:
PROVIDED, That the director shall not be
required to issue such license if the
petitioner's mandatory suspension or revocation is for sixty days or less.
(4)
If the convicting judge granted a
stay of effect as provided in subsection
(1) of this section, then at the time the
judge to whom petition was made issues the
order be shall collect the petitioner's
driver's license in the same manner as is
specified in RCW 46.20.270, and at such
time also the conviction shall take full
effect.
(5)
The director shall cancel an occupational driver's license upon receipt of
notice that the holder thereof has been
convicted of operating a motor vehicle in
violation of its restrictions, or of an
offense which pursuant to chapter 46.20
RCW would warrant suspension or revocation
of a regular driver's license.
Such
cancellation shall be effective as of the
date of such conviction, and shall continue with the same force and effect as any
suspension or revocation under this title.
( 1973 c 5 § 1. 1
Chapter 46.44
SIZE, WEIGHT, LOAD
46.44.040
MAXIMUM GROSS WEIGHTS--AXLE
(1) - Except
provided in-acw
46.44.047 and 46.4~095 it is unlawful to
operate any vehicle upon the public highways with a gross weight including load
upon any one axle thereof in excess of
eighteen thousand pounds: PROVIDED,
That
a tolerance of two thousand pounds may be
allowed on the rear axle of a two axle
garbage truck and an additional two thousand pounds may be purchased under the
provisions of RCW 46.44.095 for an amount
not to exceed thirty dollars per thousand:
PROVIDED
FURTHER, That this tolerance
shall not be valid or permitted oB any
part of the federal interstate highway
system where the maximum single axle load
shall not exceed eighteen thousand pounds.
It is unlawful to operate any one axle
semitrailer upon the public highways with
a g=oss weight including load upon such
one axle in excess of eighteen thousand
pounds.
It is unlawful to operate any truck or
truck tractor upon the public highways of
this state supported upon two axles with a
gross weight including load in excess of
thirty-two thousand pounds.
I~ is unlawful to operate any semitrailer or pole trailer upon the public highway
supported upon two axles with a gross
weight including load in ~xcess of thirtytwo thousand pounds unless such axles are
not less than one hundred and two inches
I!£IQ1h.
as-
[ 452
apart, in which case, notwithstanding the
provisions of RCW 46.44.045, the allowable
gross weight including load shall
be
thirty-six thousand pounds. It is unlawful to operate any two axle trailer upon
the public highways with a gross weight,
including load, in excess of thirty-six
thousand pounds.
Except as provided in RCW 46.44.095 it
is unlawful to operate any vehicle upon
the public highways supported upon three
axles or more with a gross weight including load in excess of forty thousand
pounds.
·(2)
The maximum axle and gross weight
specified in su-bsection (1)
above are
subject to the braking requirements set up
for the service brakes upon any motor
vehicle or combination of vehicles as
provided by law.
(3)
It is unlawful to operate any vehi·
cle upon the public highways equipped with
two axles spaced less than seven feet
apart,
unless the two axles are so constructed and mounted in such a manner to
provide oscillation bet ween the two axles
and that either one of the two axles will
not at any one time carry more than the
maximum gross weight allowed for one axle
or two axles specified in subsection (1)
above. [ 1973 1st ex.s. c 150 § 1; 1971
ex.s. c
244 §- 1; 1961 c 12 § 46.44.040.
Prior:
1957 c 273 § 17; 1955 c 384 § 4;
1951 c 269 § 26; prior: 1949 c 221 § 2,
part; 1947 c 200 § 6, part; 1941 c 116 §
2, part; 1937 c 189 § 50, part; Rem. Supp.
1949 § 6360-50, part; 1929 c 180 § 3,
part;
1927 c 309 § 8, part; 1923 c 181 §
4, part; 1921 c 96 § 20, part; FRS § 63628, part.)
46.44.047
EXCESS
!EIGH!==I!Q§2IN2.
OR CITY
PE"Rrns::FE"Es=DiscRETio'N oF ARREsTrNG-orTrcER":---In addition to -the -limitations -of
RCW--46.44.040, 46.44.042 and 46.44.044, a
three-axle truck tractor and a two-axle
pole trailer combination engaged in the
operation of hauling logs, shall have an
allowable variation in wheelbase length of
six feet for the distance between the
first and last axle of the vehicle in
combination which has a wheelbase overall
length of thirty-seven feet or more and
upon special permit the gross weight of
two axles spaced less than seven feet
apart may exceed by not more than sixteen
hundred pounds the maximum gross axle
weight specified for two axles spaced less
than seven feet apart, being thirty-two
thousand pounds as provided in RCW 46.44.040, and the gross weight of the combination of vehicles may exceed by not more
than six thousand eight hundred pounds the
legal gross weight of the combination of
vehicles,
when licensed as permitted by
law,
for sixty-eight thousand pounds.
Such additional allowanc~s shall be per·
mitted by a special permit to be issued by
the state highway comm~ssion valid only on
TRUCKS--SPECIA~-pERMITS--COUNTY
]
SIZE, WEIGHT, LOAD
46.44.080
------------------- -----------------------------------------------------------------state primary or secondary highways authorized by the state highway commission and
under such rules, regulations, terms and
conditions prescribed by the state highway
commission.
The fee for such special
permit
shall be fifty dollars for a
twelve-month period beginning and ending
on
April 1st of each calendar year.
permits may be issued at any time but if
issued after July 1st of any year the fee
shall be thirty-seven dollars and fifty
cents.
If issued on or after october 1st
the fee shall be twenty-five dollars,
and
if issued on or after January 1st the fee
shall be twelve dollars and fifty cents.
A copy of such special permit covering the
vehicle involved shall be carried in the
cab of the vehicle at all times. Upon the
third conviction within a calendar year
for violation of the terms and conditions
of the special permit, the special permit
shall be canceled. The vehicle covered by
such canceled special permit shall not be
eligible for a new special permit until
thirty days after the cancellation of the
special permit issued to said vehicle.
The fee for such renewal shall be at the
same rate as set forth in this section
which covers the original issuance of such
special permit. Each special permit shall
be assigned to a three-axle truck tractor
in combination with a two-axle pole trailer and may be transferred upon application
to the department of highways with payment
of a two dollar fee.
All fees collected hereinabove shall be
deposited wi~h the state treasurer and
credited to the motor vehicle fund.
Permits involving city streets or county
roads or using city streets or county
roads to reach or leave state highways,
authorized for permit by the state highway
department may be issued by the city or
county or counties involved.
A fee of
five dollars for such city or county
permit may be assessed by the city or by
the board of county commissioners which
shall be deposited in the city or county
road fund. The special permit provided
for herein shall be known as a "log
tolerance permit" and shall designate the
route or routes to be used, which shall
first be approved by the city or county
engineer involved. Authorization of additional route or routes may be made at the
discretion
of the city or county by
amending the original permit or by issuing
a new permit.
Said permits shall be
issued on a yearly basis expiring on March
31st of each calendar year.
Any person,
firm or corporation who uses any city
street or county road for the purpose of
transporting logs with weights authorized
by state highway log tolerance permits, to
reach or leave a state highway route,
without first obtaining a city or county
permit when required by the city or board
of county commissioners shall be subject
to the penalties prescribed by RCW 46.44.045.
For the purpose of determining
gross weight the actual scale weight taken
by
the officer shall be prima facie
1973 RCW SUPP.
evidence of such total gross weight.
In
the event the gross weight is in excess of
the weight permitted by law, the officer
may,
within his discretion, permit the
operator to proceed with his vehicles in
combination.
The chief of the state patrol, with the
advice of the state highway commission,
may make reasonable rules and regulations
to aid in the enforcement of the provisions of this section. [1973 1st ex.s. c
150 § 2; 1971 ex.s. c 249 § 2; 1961 ex.s.
c 21 § 35; 1961 c 12 § 46.44.047.
Prior:
1955 c 384 § 19; 1953 c 254 § 10; 1951 c
269 § 31.]
46.44.080
LO£!~
HIGHWAY REGULATIONS.
REgQ~!TIOli~==STA!]
Local authorities
with--respect-~o--public highways under
their jurisdiction may prohibit the operation thereon of motor trucks or other
vehicles or may impose limits as to the
weight thereof, or any other restrictions
as may be deemed necessary. whenever any
such public highway by reason of rain,
snow, climatic or other conditions, will
be seriously damaged or destroyed unless
the operation of vehicles thereon
be
pr.ohibited or restricted or the permissible weights thereof reduced:
PROVIDED,
That whenever a highway has been closed
generally to vehic~es or specified classes
of vehicles, local authorities shall by
general rule or by special permit authorize
the operation thereon of school
buses, emergency vehicles,
and
motor
trucks transporting perishable commodities
or commodities necessary for the health
and welfare of local residents under such
weight and speed restrictions as the local
authorities deem necessary to protect the
highway from undue damage:
PROVIDED FURTHER, That the governing authorities of
incorporated cities and towns shall not
prohibit
the use of any city street
designated by the state highway commission
as formin~ a part of the route of any
primary state highway through any such
incorporated city or town by vehicles or
any class of vehicles or impose
any
restrictions or reductions in permissible
weights unless such restriction, limitation, or prohibition, or reduction in
permissible weights be first approved in
writing by the highway commission.
The local authorities imposing any such
restrictions or limitations, or prohibiting any use or reducing the permissible
weights shall do so by proper ordinance or
resolution and shall erect or cause to be
erected and maintained signs designating
the provisions of the ordinance or resolution in each end of the portion of any
public highway affected thereby, and no
such ordinance or resolution shall be
effective unless and until such signs are
erected and maintained.
The highway commission shall have the
same authority as hereinabove granted to
local authorities to prohibit or restrict
the
operation of vehicles upon state
[ 453 1
46.44.080
MOTOR VEHICLES
--------------------------------------------------------------------------------------highways, which rules shall be administered by the department of highways.
The
department of highways shall give public
notice of closure or restriction.
The
highway commission may further authorize
the department of highways to issue special permits for the operation of school
buses and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local
residents under specified weight and speed
restrictions as may be necessary to protect any state highway from undue damage.
[ 1973 2nd ex.s.
c 15 § 1; 1961 c 12 §
46.44.080. Prior: 1937 c 189 § 54; RRS §
6360-54.]
46.44.0941
SPECIAL f~~I§ IQli OVER=
SIZE OR OVERWEIGHr-~OVEKENTS--FEES.
The
t~Iowing~ees, in addition-to the-regular
license and tonnage fees, shall be paid
for all movements under special permit
made upon state highways.
All
funds
collected shall be forwarded to the state
treasury and shall be deposited in the
motor vehicle fund:
All overlegal
loads, except
overweight, single trip ••••••.••• $ 5.00
Continuous operation of overlegal loads having either
overwidth or overheight features only for a period not
to exceed thirty days •••••••••..• $ 20.00
Continuous operations of overlegal
loads having overlength only for a period not
to exceed thirty days ••••.•.••.•. $ 10.00
Continuous operation of a vehicle
having
a
maximum
height not to exceed fourteefr feet for a period of
one year •.••.•••••••••••••••••••• $150.00
Continuous operation of a combination of vehicles not to
exceed
seventy•three feet
overall length for a period
of one year ••••••••••••.••••••••• $ 60.00
continuous operation of farm implements
under a permit issued as authorized by RCW
46.44.140 by:
(1) Farmers in the course of
farming activities for any
three-month period •••••••••.••••• $ 10.00
(2) Farmers in the course of
farming
activities for a
period not to exceed one
year •••..•••••••••••••••••••••••• $ 25.00
(3) Persons engaged in
the
business of the sale, repair
or maintenance of such farm
implements for any threemonth period ••••••••••••••••.•••• $ 25.00
(4) Persons
engaged in the
business of the sale, repair
or maintenance of such farm
implements for a period not
to exceed one year •••••.•••....•• $100.00
( 454
overweight Fee schedule
weight over total registered
gross weight plus additional
gross weight purchased under
provisions of RCW 46;44.095,
46.44.047, 46.44.037 as now or
hereafter amended, or any
other statute authorizing state
highway commission to issue
annual overweight permits.
1- 5,999
6,000-11,999
12,000-17,999
18,000-23,999
24,000-29,999
30,000-35,999
36,000-41,999
42,000-47,999
48,000-53,999
54,000-59,999
60,000-65,999
66,000-71,999
72,000-77,999
80,000 pounds
Fee per
mile on
state
highways
pounds .................. $
pounds ••••••••••.••.•• $
pounds •••••••••••...•. $
.os
• 10
.15
.25
.35
.45
.60
• 75
pounds ................. $
pounds ...... .••••••••..•. $
pounds ••••••••••••.••• $
pounds ••••• _. ••••••.•.• $
pounds ................. $
pounds •••..•••••.••••• $
pounds •• ••.•.••.•••••• $
pounds ••.••••••••....• $
pounds •••••••••••••..• $
pounds •• ••••••••••••.• $
or more ••••••••••••.•• $
• 90
1.05
1. 20
1.45
1.70
2.00
PROVIDED: {1)
the m~n~mum fee for any
overweight permit shall be $5. 00, {2) when
computing overweight fees which result in
an amount less than even dollars the fee
shall be carried to the next full dollar
if fifty cents or over and shall be
reduced to the next full dollar if forty•
nine cents or under. [ 1973 1st ex.s. c 1
§ 3; 1 9 7 1 ex. s. c 14 8 § 3; 1 96 7 c 17 4 § 8 i
1965 c 137 § 2.]
~6. 44.095
~R,ECIAL PERMIT.§. FOR QVE!l§.lH
OR QYERWEI2li! MOVEMENTS--ADDITIONAL GROSS
I&AD--n~2.!..
when- fuHÂ¥1IC"Eil:Sea: tO"the
maximum qross weight permitted under RCW
46.44.040, a two-axle truck or a three·
axle truck operated as a solo unit and not
in combination shall be eligible to carry
gross weight in excess of that permitted
fox such a vehicle in RCW 46.44.04C upon
the payment to the state highway commis·
sion of a fee of thirty dollars for each
one thousand pounds of excess weight:
PROVIDED, That the axle loads of such
vehicles shall not exceed the
limits
specified in RCW 46.44.040 and the tire
limits specified in RCW 46.44.042 or the
wheelbase requirements specified in RCW
46.44.044.
When fully licensed to a minimum gross
weight of seventy-two thousand pounds a
three or more axle truck tractor and a
three or more axle dromedary truck tractor,
and a three or more axle truck, when
operating in combination with
another
vehicle or vehicles (the licensed gross
weight of which, if any, shall be included
when computing the minimum gross weights
set forth above) , shall be eligible under
special permits to be issued by the state
highway commission to carry additional
gross loads beyond the licensed capacity
of the combination of vehicles upon the
payment of a fee based upon thirty dollars
]
46.44.095
SIZE, WEIGHT, LOAD
--------------------------------------------------------------------------------------per year for each one thousand pounds of
such additional gross weight but not to
exceed one hundred and twenty dollars for
the total additional weight:
PROVIDED,
That the axle loads of such vehicles shall
not exceed th~ limits specified iL RCW
46.44.040 and the tire limits specified in
RCW 46.44.C42:
AND PROVIDED FURTHER, That
the gross weight of a three or more axle
truck operated in combination with a two
or thret-axle trailer shall not exceed
seventy-six thousand pounds, and the gross
weight for a three or more axle truck
tractor operated in combination with a
semitrailer shall not exceed seventy-three
thousand two hundred eighty pounds except
where the semitrailer is eligible to carry
a gross load of thirty-six thousand pounds
pursuant to the provisions of RCW 46.44.040, in which event the maximum gross
weight of the combination shall not exceed
seventy-six thousand pounds.
The minimum
additional tonnage to be purchased pursuant to this paragraph for a three or more
axle tractor to be operated in combination
Distance
in feet
between
the extremes
of any
group
of 2
or more
consecutive
axles
4
5
6
7
8
9
10
11
12
13
111
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
with a semitrailer shall be not less than
one
thousand
two hundred and eighty
pounds.
The permits provided for in the
two preceding paragraphs shall be known as
class A additional tonnage permits.
Ir- addition
to the gross weight purchased pursuant to RCW 46.16.070,
46.16.115,
46.44.037,
and
the
foregoing
provisions of this section and where,
in
the case of combinations of vehicles, the
maximum gross weight permitted by law,
including the preceding provisions of this
section, has been purchased,
a
special
permit for additional gross weight may be
issued by the state highway commission
upon the payment of thirty-seven dollars
and fifty cents per year
for each one
thousand pounds of such additional gross
weight:
PROVIDED, The tire limits specified in RCW 46.44.042 shall apply, and the
gross weight on any single axle shall not
exceed twenty thousand pounds and the
gross load on any group of axles shall not
exceed the following table:
Maximum load in pounds
carried on any group of 2
or more consecutive axles
--2--------3------4------s------6-----=;------g-------g-----axles
34,000
34,000
34,000
34,0 00
34,000
39,000
40,000
1 973 RCW SUPP.
axles
42,000
42,500
43,500
44,000
45,000
45,500
46,500
47,000
48,000
48,500
49 1500
50,0 00
51,0 00
51,500
52, 500
53,000
54,0 00
54,500
55,500
56,000
57,0 00
57,500
58,500
59,000
60,000
axles
axles
axles
axles
axles
axles
50,000
50,500
51,500
52,000
52,500
53,500
54,0 00
54,500
55,500
56,0 00
56,500
57,500
58,000
58,500
59,500
60,000
60,500
61,500
62,000
62,500
63,500
64,000
64,500
58,000
58,500
59,000
60,000
60, 500
61,000
61,500
62,500
63,000
64,500
65,000
65,000
65,500
66,000
66,500
67,500
68,000
68, 50(.
69,000
66,000
66,500
67,000
68,000
68,500
69,000
69,500
70,000
71,000
71,500
72,000
72,500
73,000
74,000
74,500
74,000
74,500
75,000
75,500
76,500
77,000
77,500
78,000
'78,500
79,000
80,000
82,000
82,500
83,000
83,500
84,50C
85,000
85,500
90,000
90,500
91,000
[
455 ]
46.44.095
MOTOR VEHICLES
-------------------Distance
in feet
between
the extremes
of any
group
of 2
or more
consecutive
axles
--2
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
5.5
56
57
58
59
60
axles
Maximum load in pounds
carried on any group of 2
or more consecutive axles
_4_____5 _____6 _ _ _ 7 ___ 8 _____9
____
3
axles
axles
axles
axles
axles
axles
axles
65,500
66,000
66,500
67,500
68,000
68,500
69,500
70,0 00
70,500
71,500
72,000
72,500
73,500
74,000
74,500
75,500
76,0 00
76,500
77,500
78,000
78,500
79,500
80,000
70,000
70,500
71,000
72,000
72,500
73,000
73,500
74,000
75,000
75,500
76,000
76,500
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,500
83,000
83,500
84,000
85,000
85,500
75,000
75,500
76,000
77,000
77,500
78,000
78,500
79,000
80,500
81 ,000
81,500
82,000
82,500
83,5 00
84,000
84,500
85,000
85,500
86,000
87,000
87,500
88,000
88,500
89,000
89 ;500
90,50C
91,000
91,500
92,000
92,500
93,000
94,000
94,500
95,000
86,000
86,500
87,000
87,500
88,500
89,000
89,500
90,000
90,500
91,000
91,500
92,500
93,000
93,5 00
94,000
94,500
95,000
95,500
96,500
97,000
97,500
98,000
98,500
99,000
99,500
100,500
91,500
92,000
93,000
93,500
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
99,500
100,000
100,500
101,000
102,000
102,500
103,000
103,500
Permits is~ued pursuant to the foregoing
paragraph shall be known as class
B
additional tonnage permits.
The special permits provided for in this
section shall be issued under such rules
and regulations and upon such terms and
conditions as may be prescribed by the
state highway commission.
Such special
permits shall entitle the permittee to
carry such additional load in such an
amount and upon such highways or sections
of highways as may be determined by the
state highway commission to be capable of
withstanding such increased gross load
without
undue injury to the highway:
PROVIDED, That the permits shall not be
valid on any highway where the use of such
permits would deprive this state of federal funds for highway purposes.
The annual additional tonnage permits
provided for in this section shall commence on the first of January of each
year. The permits may be purchased at any
time, and if they are purchased for less
than a full year, the fee shall be one
twelfth of the full fee multiplied by the
number of months, including any fraction
thereof, covered by the permit. When the
(
456
sc,ooo
80,500
8,, 000
8'1,500
82,000
83,000
83,500
84,000
84,500
85,000
86,000
86,500
87,500
87,500
88,000
89,000
89,500
90,000
10~,000
104,500
105,COO
105,500
department issues a duplicate permit to
replace a lost or destroyed permit and
where the department transfers a permit
from one vehicle to another a fee of five
dollars shall be charged for each such
duplicate issued or each such transfer.
The state highway commission shall issue
such special permits on a temporary basis
for periods not less than ten days at a
fee of one dollar per day in the case of
class A permits and not less than fivP.
days at two dollars per day in the case of
class B permits.
The fees levied in RCW 46.44.C9~ and
this
section shall not apply to any
vehicles owned and operated by the state
of Washington, any county within the state
or any city or town within the state, or
by the federal government.
In the case of fleets prorating license
fees under the provisions of chapter 46.85
the fees provided for in RCW 46.~4.037 and
46.44.095 shall be computed by the state
highway commission by applying the proportion of the Washington mileage of the
fleet in question to the total mileage of
the fleet as reported pursuant to chapter
46.85 to the fees that would be required
]
ACCIDENTS--REPORTS--ABANDONED VEHICLES
46.52.130
--------------------------------~------------------------------------------------------
to purchase the additional weight allowance for all eligible vehicles or combinations of vehicles for which the extra
weight allowance is requested.
The state highway commission shall prorate the fees provided in RCW 46.44.037
and 46.44.095 only if the name of the
operator or owner is submitted on official
listings of authorized fleet
operators
furnished
by the department of motor
vehicles. Listings furnished shall also
include the percentage of mileage operated
in Washington, which shall be the same
percentage as determined by the department
of motor vehicles, for purposes of prorating license fees.
[1973 1st ex.s. c 150 §
3; 1969 ex.s. c 281 § 55; 1967 ex.s. c 94
§ 15;
1967 c 32 § 51; 1965 ex.s. c 170 §
38; 1961 ex.s. c 7 § 15; 1961 c
12 §
46.44.095.
Prior: 1959 c 319 § 31; 1957
c 273 § 18; 1955 c 185 § 1; 1953 c 254 §
13; 1951 c 269 § 39; prior:
1949 c 221 §
3, part; 1947 c 200 § 7, part; 1945 c
177
§ 1, part;
1937 c 189 §55, part; Rem.
supp. 1949 § 6360-55, part.}
46.44.130
fARH
IMP1tHtNTS-=GROS2
WEIGHT LIMITATION EXCEPTION--PENALTY.
The
1imitatio;s--o~-Rcw--46:44.o1o;-~44.o2o
and 46.44.040 shall not apply to the
movement of farm implements of less than
forty-five thousand pounds gross weight
and a total outside width of fourteen feet
or less when being moved while patrolled,
flagged, lighted, signed and at a time of
day in accordance with rules hereby authorized to be a-dopted by the highway commis~ion and the
s~atutes.
Violation of a
rule adopted by the highway commission as
authorized by this section or a term of
this section is a misdemeanor.
[1973 1st
ex. s. c 1 § 1 • ]
46.44.140
FARM
IMPLEMt!I~==§~EC1A1
PERH!I2=-P~NA~Y:- In addition to
any
other special permits authorized by law,
special permits may be issued by the
highway commission for a quarterly or
annual period upon such terms and conditions as it shall find proper for the
movement of (1) farm implements used for
the cutting or threshing of mature crops;
or {2) other farm implements as may be
identified by rule of the highway commission. Any farm implement moved under this
section must have a gross weight less than
forty-five thousand pounds and a total
outside width of less than twenty feet
while being moved and such movement must
be patrolled, flagged, lighted, signed, at
a time of day and otherwise in accordance
with rules hereby authorized to be adopted
by the highway commission for the control
of such movements.
Applications for and permits issued under this section shall provide for a
description of the farm implements to be
moved, the approximate dates of movement
and the routes of movement so far as they
are reasonably known to the applicant at
1973 RCW SUPP.
the time of application,
but the permit
shall not be limited to these circumstances but shall be general in its application
except as limited by the statutes and
rules adopted by the highway commission.
A copy of the governing permit shall be
carried on the farm implement being moved
during the period of its movement. The
highway commission shall collect a fee as
provided in RCW 46.44.0941.
Violation of a term or condition under
which a permit was issued, or a rule
adopted by the highway commission
as
authorized by this section or a term of
this section is a misdemeanor. [1973 1st
ex. s. c 1 § 2. ]
Chapter 46.52
ACCIDENTS--REPORTS--ABANDONED VEHICLES
46.52. 130
ABSTRACT OF DRI!INQ BECQEQ
IQ !1~ FURNI2.!!t.!2 INSURANC~ COH~ANIL ~k!PLQI::
ERS--CONFI~ENTIALITY--FEES--PENALTY.
The
director--shalluponrequesttiirii:Ish any
insurance company or its agent, having or
con?idering the issuance of a policy of
insurance and any employer or prospec~ive
employer of persons who drive commercial
motor vehicles or school buses a certified
abstract of the driving record of any
person, covering a period of not more than
three years last past, whenever possible,
which abstract shall include an enumeration of motor vehicle accidents in which
such person has been involved.
Such
abstract shall indicate the total number
of vehicles involved; whether the vehicles
were legally parked or moving; whether
such vehicles were occupied at the time of
the accident; and any reported convictions
or forfeitures of bail of such person upon
a charge of violating any motor vehicle
law. Such enumeration shall include any
reports of failure to appear in response
to a traffic citation served upon such
person by an arresting officer.
In addition thereto the director shall furnish
such record to the person whose driving
record is involved, upon such person's
request:
PROVIDED, That the abstract
herein provided to the insurance company
shall have excluded therefrom any information pertaining to any occupational driver's license when the same is issued to
any person employed by another or selfemployed as a motor vehicle driver who
during the five years preceding the re~
quest has been issued such a license by
reason of a conviction of a motor vehicle
offense outside the scope of his principal
employment, and who has during such period
been
principally employed as a motor
vehicle driver deriving the major portion
of his income therefrom.
The director shall collect for each such
abstract the sum of one dollar fifty cents
which shall be deposited in the highway
safety fund.
Any insurance company or its agent receiving such certified abstract shall use
( 457 ]
46.52.130
!WTOR VEHICLES
--------------------------------------------------------------------------------------it exclusively for its own underwriting
purposes and shall not divulge any of the
information therein contained to a third
party:
PROVIDED, That no policy of insurance shall be canceled on the basis of
such information unless the policyholder
was determined to be at fault:
PROVIDED
FURTHER, That no insurance company or its
agent for underwriting purposes relating
to
the operation of commercial motor
vehicles shall use any information contained in the abstract relative to any
person's operation of motor vehicles while
not engaged in such employment.
Any employer or prospective employer receiving such certified abstract shall use
it exclusively for his own purpose to
determine whether the licensee should be
permitted to operate a commercial vehicle
or school bus upon the public highways of
this state and shall not divulge any
information therein contained to a third
party.
Any violation of this section shall be a
gross misdemeanor. (1973 1st ex.s. c 37 §
1; 1969 ex. s.
c 40 § 3; 1967 c 174 § 2;
1967 c 32 § 63; 1963 c
169 § 65;
1961
ex.s. c 21 § 27.]
Chapter 46.61
RULES OF THE ROAD
!]]lf1E IQ RQ11
on a two-lane highway where
passing is unsafe because of traffic in
the opposite direction or other conditions, a slow moving vehicle, behind which
five or more vehicles are formed in a
line, shall turn off the roadway wherever
sufficient area for a safe turn-out exists, in order to permit the vehicles
following to proceed.
As used in this
section a slow moving vehicle is one which
is proceeding at a rate of speed less than
the normal flow of traffic at the particular time and place. [1973 c 88 § 1.]
46.61.427
Qlf
~] ~!I!Q
~QADWAY.
46.61.520
NEGLI~!I liQ~Q~ BY
MOTO]
!EHIC.1E::=gENALTL..
(1)
When the death of
any person shall ensue within three years
as a proximate result of injury received
by the driving of any vehicle by any
person while under the influence of or
affected by intoxicating liquor or narcotic drugs as defined in chapter 69.50 RCW,
Uniform Controlled Substances Act, or by
the operation of any vehicle in a reckless
manner or with disregard for the safety of
others,
the person so operating such
vehicle shall be guilty of
negligent
homicide by means of a motor vehicle.
(2)
Any person convicted of negligent
homicide by means of a motor vehicle shall
be punished by imprisonment in the state
penitentiary for not more than ten years,
or by imprisonment in the county jail for
not more than one year, or by fine of not
more than one thousand dollars, or by both
fine. and imprisonment. [1973 2nd ex.s. c
[ 458
38 § 2; 1970 ex.s. c 49 § 5; 1965 ex.s. c
155 § 63; 1961 c 12 § ,6.56.040. Prior:
1937 c 189 § 120; RRS § 6360-120. Former·
ly RCW 46.56.040.]
Chapter 46.64
ENFORCEMENT
46.64.040
NQNRES!DENE~ !!§.~
QI HIGH·
WAX.2, !.2. AS.2,ENI IQ BEING §QED _AND .2-ill~ !1!
ST!TE-REguNI ~EA!llQ .2.IATk:::.2.~CRETARY
Qf .2.l:AT~ AS ATTORNEY IN fACT. The accep•
tance by a nonresident of the rights and
privileges conferred by law in the use of
the public highways of this state, as
evidenced by his operation of a vehicle
thereon, or the operation thereon of his
vehicle
with his consent, express or
implied, shall be deemed equivalent to and
construed to be an appointment by such
nonresident of the secretary of state of
the state of washington to be his true and
lawful attorney upon whom may be served
all lawful summons and processes against
him growing out of any accident, colli·
sion, or liability in which such nonresi·
dent may be involved while operating a
vehicle upon the public highways, or while
his vehicle is being operated thereon with
his consent, express or implied, and such
operation and acceptance shall be a signi·
fication of his agreement that any summons
or process against him which is so served
shall be of the same legal fox:ce and
validity as if served on him personally
within the state of Washington. Likewise
each resident of this state who, while
operating a motor vehicle on the public
highways of this state, is involved in any
acccident,
collision or liability and
thereafter within three years departs from
this state appoints the secretary of state
of the state of washington as his lawful
attorney for service of summons as provided in this section for
nonresidents.
Service of such summons or process shall
be made by leaving two copies thereof with
a fee of five dollars with the secretary
of state of the state of washington, ox: at
his office,
and such service shall be
sufficient and valid personal service upon
said resident or nonresident: PROVIDED,
That notice of such service and a copy of
the summons or process is forthwith sent
by registered mail with retux:n receipt
requested, by plaintiff to the defendant
at the last known address of the said
defendant, and the plaintiff's affidavit
of compliance herewith are appended to the
process,
together with the affidavit of
the plaintiff's attorney that he has with
due diligence attempted to serve personal
process upon the defendant at all addresses known to him of defendant and further
listing in his affidavit the addresses at
which he attempted to have process served.
However, if process is forwarded by regis·
tered mail and defendant's endorsed re·
ceipt is received and entered as a part of
the return of process then the foregoing
]
DISPOSITION OF REVENUE
46.68.030
--------------------------------------------------------------------------------------affidavit of plaintiff's attorney need
only show that the defendant received
personal delivery by mail: PROVIDED FURTHER, That personal service outside of
this state in accordance with the provisions of law relating to personal service
of summons outside of this state shall
relieve the plaintiff from mailing a copy
of the summons or process by registered
mail as hereinbefore provided. The secretary of state shall forthwith send one of
such copies by mail, postage prepaid,
addressed to the defendant at his address,
if known to the secretary of state.
The
court in which the action is brought may
order such continuances as may be necessary to afford the defendant reasonable
opportunity to defend the action. The fee
of five dollars paid by the plaintiff to
the secretary of state shall be taxed as
part of his costs if he prevails in the
action. The secretary of state shall keep
a record of all such summons and processes, which shall show the day of service.
[1973 c 91 § 1; 1971 ex.s. c 69 § 1;
1961
c 12 § 46.64.040. Prior:
1959 c 121 § 1;
1957 c 75 § 1; 1937 c 189 § 129; RRS §
6360-129.]
46.64.070
~TOPPINg &QTOB !~~.!~]~
FOB
LICE]g CH,E~ ... !m£1~ INS,tlCT.IQ.!i
.!H!IV-Eli!,.~
A.!m
TE~.L:=!QTHOR.I~,n=PO,H~~
AD~l!.lQ.!i!h.
To carry out the purpose of RCW 46.64.060
and 46.64.070, officers of the washington
state patrol are hereby empowered during
daylight hours and while using plainly
marked state patrol vehicles to require
the driver of any motor vehicle being
operated on any highway of this state to
stop and display his or her driver's
license and/or to submit the motor vehicle
being driven by such person to an inspection and test to ascertain whether such
vehicle complies with the m1n1mum equipment requirements prescribed by chapter
46.37 RCW, as now or hereafter amended.
No criminal citation shall be issued for a
period of ten days after giving a warning
ticket pointing out the defect.
The powers conferred by RCW 46.64.060
and 46.64.070 are in addition to all other
po~ers conferred by la~
upon such officers, including but not limited to powers
conferred upon them as police officers
pursuant
to RCW 46.20.430 and powers
conferred by chapter 46.32 RCW.
[1973 2nd
ex.s. c 22 § 1; 1967 c 144 § 2.]
Chapter 46.65
WASHINGTON HABITUAL TRAFFIC OFFENDERS ACT
46.65.060
§ 8.
1
Chapter 46.68
DISPOSITION OF REVENUE
46.68.030
DISPOSITIQlJ. Q.£:. VEHIC1~ ;biCENSE FEES.
All fees received by the
director--for vehicle licenses under the
provisions of chapter 46.16 RCW shall be
forwarded to the state treasurer, accompanied by a proper identifying detailed
report, and be by him deposited to the
credit of the motor vehicle fund. [ 1973 c
103 § 3; 1971 ex.s. c 231 § 11; 1971 ex.s.
c 91 § 1; 1969 ex. s. c 281 § 25; 1969 c 99
§ 8;
1965 c 25 § 2; 1961 ex.s. c 7 § 17;
1961 c 12 § 46.68.030.
Prior:
1957 c 105
§ 2; 1955 c 259 § 4; 1947 c 164 § 15; 1937
c 188 § 40; Rem. Supp. 1947 § 6312-40.]
COURT ORDER--FILING WITH DE-
g~IH~I- RE!QCATIO!--op--oF~i!lQR's - 11=
£LN§!i=~I.!.I
finds that such person is the same person
named
in the aforesaid transcript or
abstract and that such person is
an
habitual offender, the court shall so find
and by appropriate order direct
such
person not to operate a motor vehicle on
the highways of the state of Washington
and to surrender to the court all licenses
or permits to operate a motor vehicle on
the highways of this state for disposal.
The clerk of the court shall file with the
department of motor vehicles a copy of
such order which shall become a part of
the permanent records of the department.
Upon receipt of the court order finding
such person to be an habitual offender the
department of motor vehicles shall revoke
the operator's license for a period of
five years:
PROVIDED, That a judge may
stay the effective date of the order
declaring the person to be a habitual
traffic offender if he finds that the
traffic offenses upon which it is based
were caused by or are the result of the
alcoholism of the person, as defined in
RCW 70.96!.020, as now or hereafter amended and that since his last offense he has
undertaken and followed a course of treatment for alcoholism on a program approved
by the department of social and health
services; notice of such stay shall be
entered on the copy of the order filed
with the department of motor vehicles.
Said stay shall continue as long as there
is no further conviction for any of the
offenses listed in RCW 46.65.020
(1).
Upon a subsequent conviction for
any
offense listed in RCW 46.65.020 (1), the
stay shall be removed and the department
of motor vehicles shall revoke the operator's license for a period of five years.
(1973 1st ex.s. c 83 § 1; 1971 ex.s. c 284
BY COU!!I ORD.&;.!h
If the court
finds that such person is not the same
person named in the aforesaid transcript
or abstract or that he is not an habitual
offender under this chapter, the proceeding shall be dismissed but if the court
1973 RCW SUPP.
Bgty~ 2! mQEi~ h2ID~ identifi£g1i2n 1gg
fe~§.&.
"The department of motor vehicles
shall refund all moneys collected in 1973
for mobile home identification tags.
Such
refunds shall be made to those persons who
have purchased such tags. The department
shall adopt rules pursuant to chapter
[ 459 ]
46.68.030
MOTOR VEHICLES
-----------------------------------------------------------------34.04 RCW to comply with the provisions of
this section. (1973 c 103 § 4.]
Q! !~! !!! !~QY!l
FUHQ..:. From the net tax
amount in the motor vehicle fund there
shall be paid sums as follows:
(1)
There shall be paid to the cities
and towns of the state sums equal to ten
and forty-four hundredths percent of the
net tax amount to be paid monthly as the
same accrues;
(2)
To the counties of the state there
shall be paid sums equal to thirty-two and
sixty-one hundredths percent of the net
tax amount to be paid monthly as the same
accrues;
(3)
To the state there shall be paid to
be expended as provided by RCW 46.68.130,
sums equal to fifty-five and five-tenths
percent of the net tax amount to be paid
monthly as the same accrues.
(4)
There shall be paid to the Puget
sound ferry operations account sums equal
to one and forty-five hundredths percent
of the net tax amount to be paid monthly
as the same accrues.
Nothing in this section or in RCW 46.68.090 or 46.68.130 shall be construed so as
to violate any terms or conditions contained in any highway construction bond
issues now or hereafter authorized by
statute and whose payment is by such
statute pledged to be paid from any excise
taxes on motor vehicle fuels.
(1973 1st
ex.s. c 124 § 1; 1972 ex.s. c 24 § 2; 1970
ex.s. c 85 § 4; 1967 ex.s. c 145 § 79;
1967 ex.s. c 83 § 8; 1961 ex.s. c 7 § 6;
1961 c 12 § 46.68.100. Prior: 1959 ex.s.
c 4 § 1i 1957 c 271 § 3; 1957 c 175 § 10i
1943 c 83 § 1; 1939 c 181 § 3; Rem. Supp.
1943 § 6600-1e; 1937 c 208 §§ 2, part, 3,
part. ]
46.68.100
1~
11QIQ!!
ALL~!IIO!
VEJllfl~
46.68.120
QISTRIBUT!Qli Qf !~QQlii AL1Q=
fATED TO fOUMTIE~~
Funds to be paid to
the counties of the state shall be subject
to deduction and distribution as follows:
(1)
Three-fourths of one percent of
such sums shall be deducted monthly as
such sums accrue and set aside for the use
of the state highway commission and the
county road administration board for the
supervision of work and expenditures of
such counties on the county roads thereof:
PROVIDED, That any moneys so retained and
not expended shall be credited in the
succee~ing
biennium to the counties in
proportion to deductions herein made;
(2)
All sums required to be repaid to
counties composed entirely of
islands
shall be deducted;
(3)
The balance rema~n~ng to the credit
of counties after such deductions shall be
paid to the several counties monthly, as
such funds accrue, upon the basis of the
following formula:
(a)
Ten percent oi such sum shall be
divided
equally
among
the
several
counties.
(b)
Thirty percent shall be paid to
each county in direct proportion that the
sum of the total number of private automobiles and trucks licensed by registered
owners residing in unincorporated areas
and seven percent of the number of private
automobiles and trucks licensed by registered
owners residing in incorporated
areas within each county bears to the
total of such sums for all counties. The
number of registered vehicles so used
shall be as certified by the director of
the department of motor vehicles for the
year next preceding the date of calculation of the allocation amounts.
The
director of the department shall first
supply such information not later than the
fifteenth day of February, 1956, and on
the fifteenth of February each two years
thereafter.
(c)
Thirty percent shall be paid to
each county in direct proportion that the
product of the county's trunk highway
mileage and its prorated estimated annual
cost per trunk mile as provided in subsection
(e)
is to the sum of such products
for all counties. County trunk highways
are defined as county roads regularly used
by school buses and/or rural free delivery
mail carriers of the United states post
office department, but not foot carriers.
Determination of the number of miles of
county roads used in each county by school
buses shall be based solely upon information supplied by the superintendent of
public instruction who shall on october 1,
1955 and on October 1st of each oddnumbered year thereafter furnish the state
highway commission with a map of each
county upon which is indicated the county
roads used by school buses at the close of
the preceding school year. together with a
detailed statement showing the total number of miles of county highway over which
school buses operated in each
county
during such year.
De-termination of the
number of miles of county roads used in
each county by rural mail carriers on
routes serviced by vehicles during the
year shall be based solely upon information supplied by the United States postal
department as of January 1st of the evennumbered years.
(d)
Thirty percent of such sum shall be
paid to each of the several counties in
the direct proportion that the product of
the trunk highway mileage of the county
and its "money need factor" as defined in
subsection (f) is to the total of such
products for all counties.
(e)
Every four years, beginning with
the 1958 allocation, the highway commission and the legislative transportation
committee shall reexamine or cause to be
reexamined all the factors on which the
estimated annual costs per trunk mile for
the several counties have been based and
shall make such adjustments as may be
necessary. The following formula shall be
used:
One twenty-fifth of the estimated
total county road replacement cost, plus
the total annual maintenance cost, divided
[ 460 J
DISPOSITION OF REVENUE
46.68.120
--------------------------------------------------------------------------------------by the total miles of county road in
such
county,
and multiplied by the result
obtained from dividing the total miles of
county road in said county by the total
trunk road mileage in said county.
For
the purpose of allocating funds from the
motor vehicle fund, a county road shall be
defined as one established as such by
resolution or order of establishment of
the board of county commissioners. The
first allocation of funds shall be based
on the following prorated estimated annual
costs per trunk mile for the several
counties as follows:
Adams •••••••••••••••••••••••• $1,227.00
Asotin •••••••••••••••••••••.• 1,629.00
Benton ••••••••••••••••••••••• 1,644.00
Chelan •••••••••••••••••.••••• 2,224.00
clallam •••••••••••••••••••••. 2,059.00
Clark ••••••••••••••.•••.••••• 1,710.00
Columbia ••••••••••••••••••••. 1,391.00
Cowlitz •..••••...•..••.•••••• 1,696.00
Douglas •••••••••••••••••••••• 1,603.00
Ferry •.••.•••••.••.•.•....... 1,333.00
Franklin ••••••••••••••••••••• 1,612.00
Garfield ••••••••••••••••••••. 1,223.00
Grant •.••.•.•••..•..••....... 1,714.00
Grays Harbor ••••••••••••••••• 2,430.00
Island ••••••••••••••••••••••• 1,153.00
Jefferson •••••••••••••••••••• 2,453.00
King •••••.••••••••••••••••••• 2,843.00
Kitsap ••••••••••••••••••••••• 1,938.00
Kittitas ••••••••••••••••••••• 1,565.00
Klickitat •••••••••••••••••••• 1,376.00
Lewis •••••••••••••••••••••••• 1,758.00
Lincoln ....................... 1,038.00
Mason ••••••••••••••••••••••••
1,748.00
Oka~o<!an •••••••••••••••••••••
Pac~f1c ...•..•••...•••. ......
Spokane ....••...••...•..•..•.
1,260.00
2,607.00
1,753.00
2,276.00
1,295.00
1,966.00
2,023.00
2, 26 9. CO
1,482.00
Pend Oreille •••••••••••••••.•
Pierce ..•.•••...••.•••.......
San Juan ..••.•...•..••.......
Skagit ••••••••••••••••••••.••
Skamania ....••.•.•..•.•.•.••.
Snohomish. • • • • • • • • • • • • • • • • • • •
Stevens ..•.••••••••••••••..•.
1,068.00
Thurston •..•••••••••••••••.•.
Wahkiakum ••••••••••••••••••••
Walla Walla ••••••••••••••••••
Whatcom .••..••.•.•..•••••••••
1,870.00
2,123.00
1,729.00
1,738.00
Whitman •.•••••••••.••••••.••.
Yakima •••••••••••••••••••••••
1,454.00
1,584.00
PROVIDED, HOWEVER, That the prorated estimated annual costs per trunk mile in this
subsection shall be adjusted every four
years, beginning with the 1958 allocation
by the highway commission on the basis of
changes in the trunk and total county road
mileage based on information supplied by
the superintendent of public instruction,
the United States postal department and
the annual reports of the county road
departments.
(f) The "money need factor" for each of
the several counties shall be the difference between the prorated estimated annual
costs as listed above and the sum of the
following three amounts divided by the
county trunk highway mileage:
1973 RCW SUPP.
(1)
The equivaler.t of a two dollar and
twenty-five cents per thousand dollars of
assessed value tax levy on the valuation,
as equalized by the state department of
revenue for state purposes, of all taxable
property in the county road districts;
(2)
One-fourth the sum of all funds
received by the cour.ty from the federal
forest reserve fund during the two caler.dar years next preceding the date of the
adjustment of the allocation amounts as
certified by the state treasurer; and
(3)
One-half the sum of motor vehicle
license fees and motor vehicle fuel tax
refunded to the county during the two
calendar years next preceding the date of
the adjustment of the allocation amounts
as provided in RCW 46.68.080. These shall
be as supplied to the highway commission
by the state treasurer for that purpose.
The department of revenue and the state
treasurer shall supply the information
herein request~d on or before January 1,
1956 and on said date each two years
thereafter.
The following formula shall be used for
the purpose of obtaining the "money need
fa9tor" of the several counties:
The
prorated estimated annual cost per trunk
mile multiplied by the trunk miles will
equal the total need of the individual
county.
The total need minus the sum of
the three resources set forth in subsection (f) shall equal the net need. The net
need of the individual county divided by
the total net needs for all counties shall
equal the "money need factor" for that
county.
(g)
The state highway commission shall
adjust the allocations of the several
counties on March 1st of every evennumbered year based solely upon the sources of information hereinbefore requir€d:
PROVIDED, That the total allocation factor
composed of the sum of the four factors
defined in subsections (a), (b), (c) and
(d) shall be held to a level not more than
five percent above or five percent below
the total allocation factor in use during
the previous two year period.
(h)
The highway commission and the legislative transportation committee shall
relog or cause to be relogged the total
road mileages upon which the prorated
estimated annual costs per trunk mile are
based and shall recalculate such costs on
the basis of such relogging and shall
report their findings and recommendations
to the legislature at its next regular
session.
(i)
The highway commission and the legislative transportation committee shall
study and report their findings and recommendations to the legislature concerning
the following problems as they affect the
allocation of "motor vehicle fund" funds
to counties:
(1)
Comparative costs per trunk mile
based on federal aid contracts versus
those herein advocated.
(2)
Average costs per trunk mile.
( 461 ]
46.68.120
MOTOR VEHICLES
--------------------------------------------------------------------------------------(3)
The advisability of using either
"trunk mileage" or "county road" mileage
exclusively as the criterion instead of
both as in this plan adopted.
(4)
Reassessment of bridge costs based
on current information and relogging of
bridges.
(5)
The it~ms in the list of resources
used in determining the "need factor"(6)
The development of a uniform accounting system for counties with regard
to road and bridge construction and maintenance costs.
(7)
A redefinition of rural and urban
vehicles which better reflects the use of
said vehicles on county roads.
(1973 1st
ex.s. c 195 § 47; 1972 ex.s. c 103 § 1;
1967 c 32 § 75; 1965 ex.s. c 120 § 12;
1961 c 12 § 46.68.120. Prior:
1957 c 109
§ 1; 1955 c 243 § 1; 1949 c 143 § 2; 1945
c 260 § 1; 1943 c 83 § 3; 1939 c 181 § 5;
Rem. Supp. 19•49 § 6600-2a.]
~gy~~~iliti
na!;io.n
£
195~
]ii~!iyg ~!~§ ~nd ~2~i~
£.s.~C.Qll.§!rU£~j.Qn--1.2.1l
jst 2.h.§~
See notes following RCW 84.52.043.
Chapter 46.70
UNFAIR VEHICLE BUSINESS PRACTICESDEALERS, SALESMEN AND MANUFACTURERS
46.70.005
DECLARATION OF PURPOSE. The
legislature find5-and--aeciares--~t the
distribution and sale of vehicles in the
state of washington vitally affects the
general economy of the state and the
public inte:est and the public welfare,
and that ~n order to promote the public
interest and the public welfare, and in
the exercise of its police power, it is
necessary to regulate and license vehicle
manufacturers, distributors or wholesalers
and factory or distributor representatives,
and
to
regulate and license
dealers, and salesmen of vehicles doing
business in Washington, in order to prevent frauds, impositions and other abuses
upon its citizens and to p~otect and
preserve the investments and prope~ties of
the citizens of this state.
[1973 1st
ex.s. c 132 § 1; 1967 ex.s. c 74 § 1.]
q6.70.011
DEFINITJQ~~
As used in
this chapter:
11 Vehicle"
( 1)
means and includes every
device capable of being moved upon a
public highway and in, upon, or by which
any persons or property is or may be
transported or drawn upon a public highway, excepting devices moved by human or
animal power or used exclusively upon
stationary rails o~ tracks.
(2)
"Motor vehicle"
shall mean every
vehicle which is self-propelled and every
vehicle which is propelled by electric
p~wer
obtained from
overhead
trolley
w~res,
but not operated upon rails, and
which is required to be registered and
titled under Title 46, Motor Vehicles.
"Vehicle dealer 11 means any person
firm,
association, corporation o~ trust'
not excluded by subsection (4)
of thi;
section, engaged in the business of buying, selling, exchanging, offering, brolce~ing,
leasing
with
an
option to
purchase, auctioning, soliciting, or adve~tising
the sale of new, or used vehicles:
PROVIDED, That vehicle
dealers
shall be classified as follows:
(a)
A "motor vehicle dealer" shall be a
vehicle dealer that deals in new and used
moto~ vehicles;
(b)
A "mobile home and travel trailer
dealer" shall be a vehicle dealer that
deals in mobile homes or travel trailers,
or both;
(c)
A "miscellaneous vehicle dealer"
shall be a vehicle dealer that deals in
motorcycles and/or vehicles other than
motor vehicles or mobile homes and travel
trailers.
(4)
The term "vehicle dealer" does not
include:
(a)
Receivers, trustees,
administrators, executors, guardians, or other persons appointed by, or acting under a
judgment or order of any court; or
(b)
Public officers while performing
their official duties; or
(c)
Employees of vehicle dealers who
are engaged in the specific performance of
their duties as such employees; or
(d)
Any person engaged in an isolated
sale of a vehicle in which he is the
registered
or
legal owner, or both,
thereof.
(e)
Any person, firm, association, corporation or trust, engaged in the selling
of equipment other than vehicles, used for
agricultural or industrial purposes.
(5)
"Vehicle salesman" means any person
who for any form of compensation sells,
auctions, leases with an option to purchase, or offers to sell or to so lease
vehicles on behalf of a vehicle dealer.
(6)
The term "department" means the
department of motor vehicles which shall
administer and enforce the provisions of
this chapter.
(7)
"Director" means the director of
the department of motor vehicles.
(8)
"Manufacturer" means any person,
firm,
association, corporation or trust,
resident or nonresident, who manufactures
or assembles new and unused vehiclP.s and
shall further include the terms:
(a)
"Distributor" which means any person, firm,
association, corporation or
trust,
resident or nonresident, who in
whole or in part offers for sale, sells or
distributes any new and unused vehicle to
vehicle dealers or who maintains factory
representatives.
(b)
"Factory branch" which means
a
branch office maintained by a manufacturer
for the purpose of selling or offering for
sale,
vehicles to a distributor, wholesaler or vehicle dealer, or for directing
or supervising in whole or in part factory
or distributor representatives, and shall
( 462 )
(3)
UNFAIR VEHICLE BUSINESS PRACTICES--DEALERS, SALESMEN AND MANUFACTURERS46.70.041
-----~--------------------------------------------------------------------------------
further include any sales pr~motion organization, whether the same be a person,
firm or corporation, which is engaged in
promoting. the. sale of new and ~nused
vehicles ~n th~s state of a part~cular
brand or make to vehicle dealers.
(~
"Factory
representative"
which
means
a re~resentative employed by a
manufacturer, distributor,
or
factory
branch
for the purpose of making or
promoting for the sale of his,
its, or
their
vehicles or for supervising or
contracting with his, its,
or
their
dealers or prospective dealers.
(9)
"Established place of
business"
means a permanent, enclosed commercial
building located within the state
of
washington easily accessible and open to
the public, at all reasonable times, with
an improved display area of not less than
three thousand square feet in or immediately adjoining said building, and at
which the business of a vehicle dealer,
including the display and repair of vehicles, may be lawfully car~ied on
in
accordance with the terms of all applicable building code, zoning and other land•
use regulatory ordinances and in which
such building the public may contact the
vehicle dealer or his vehicle salesman, at
all reasonable times and at which place of
business shall be kept and maintained the
books, records and files necessary to
conduct the business at such place. The
established place of business shall display an exterior sign permanently affixed
to the land or building, with letters
clearly visible to the major avenue of
traffic.
(10) "Subagency" means any place of
business of a vehicl~ dealer within the
same county as the principal place of
business of the firm which is physically
and
geographically separated from the
principal place of business of the firm or
any place of business of a vehicle dealer
within the same county as the principal
place of business of the firm under which
he does business under a name other than
the principal name of the firm, or both.
(1973 1st ex.s. c 132 § 2; 1969 ex.s. c 63
§ 1; 1967 e.x.s. c 74 § 3.]
46.70.021
1IC]]SE
REQYIB]]
IQ]
lliMll.H QB !1!WAC,!!!giDl~~ It
shall be unlawful for any vehicle dealer,
vehicle salesman or vehicle manufacturer
to engage in business as such, act as
such, serve in the capacity of such,
advertise himself, itself, or themselves
as such or distribute or transfer vehicles
for resale in this state, without first
obtaining and holding a current license as
provided in this chapter: PROVIDED, That
a vehicle dealer shall not be required to
have a vehicle salesman's license:
PROVIDED, FURTHER, That a distributor~ factory branch, or factory representative shall
not be required to have a vehicle manufacturer license so long as the vehicle
manufacturer so represented is properly
.Qll.tliM.L
1973 RCW SUPP.
licensed pursuant to this chapter.
(1973
1st ex.s. c 132 § 3; 1967 ex.s. c 74 § 4.]
46.70.031
APPLICATION IQg
bl~]NS]==
FOID1.:.
A vehicle-deai;er, salesman, or
manufacturer may apply for a license by
filing with the department an application
in such form as the department may prescribe.
(1973 1st ex.s. c 132 § 2; 1967
ex. s. c 7 4 § 5. ]
46.70.041
ARRblf!.!IO.H
IQg 11~]~]==
CONTENTS.
(1)
Every application for a
vehicre--dealer or a vehicle salesman's
license shall contain the following information to the extent the same is applicable to the applicant:
(a)
Proof as the department may require
concerning the applicant's identity, including but not limited to his fingerprints, the honesty, truthfulness, and
good
reputation of the applicant for
license, or of the officers of a corporation making the application;
(b)
The applicant's form and place of
organization;
(c)
The qualification and business history of the applicant, and in the case of
a vehicle dealer, any partner, officer or
director;
(d)
Whether the applicant has been convicted of any crime within the preceding
five years involving fraud,
misrepresentation, or conversion, or has suffered any
judgment within the preceding five years
in
any civil action involving fraud,
misrepresentation or conversion and in the
case of a corporation or partnership, all
directors, officers or partners;
(e)
Any other information the de~artÂ
ment may reasonably require.
(2)
If
the applicant is a vehicle
dealer:
(a)
Name or names of new vehicles the
vehicle dealer wishes to sell;
(b)
The names and addresses of each
manufacturer ~rom whom the applicant has
received a franchise;
(c)
Whether the applicant intends to
sell used vehicles, and if so, whether he
has space available for servicing and
repairs;
(d)
A certificate by the chief of police or his deputy, or a member of the
washington state patrol or a representative of the department of motor vehicles
that the applicant has an established
place of business at each business location in the state of Washington:
PROVIDED,
That
in
no
event
shall such
certificate ~be issued by a member of the
washington state patrol if the dealership
is located in a city which has a population in excess of five thousand persons;
(e)
A copy of a current service agreement with a manufacturer, or distributor
for a foreign manufacturer, requiring the
applicant, upon demand of any customer
receiving a new vehicle warranty to perform or arrange for, within a reasonable
[ 463 ]
46.70.041
MOTOR VEHICLES
----------------------------------------------------------------------------- --distance of his established place
of
business, the service repair and replacement work required of the manufacturer or
distributor
by such vehicle warranty:
PROVIDED, That this requirement shall only
apply to applicants seeking to sell, to
exchange, to offer, to broker, to auction,
to solicit or to advertise new or currentmodel vehicles with factory or distributor
warranties;
(f)
The class of vehicles the vehicle
dealer will be buying, selling, exchanging, offering, brokering, leasing with an
option to purchase, auctioning, solicit~
ing, or advertising and which classification or classifications the dealer wishes
to be designated as;
(g)
The applicant's financial condition
or history including whether the applicant
or any partner, officer or director has
ever been adjudged bankrupt er has any
unsatisfied
judgment in any federal or
state court.
(3)
If
the applicant is a vehicle
salesman, such application shall contain,
in addition, a certification by the vehicle dealer for whom he is going to work
that he has examined the background of the
applicant and to the best of his knowledge
is of good moral character;
(4)
If the applicant is a manufacturer
such application shall contain the following information to the extent it
is
applicable to the applicant:
(a)
The name and address of the principal place of business of the applicant
and, if different, the name and address of
the Washington state representative of the
applicant;
(b)
The name or names under which the
applicant will do business in the state of
il as hi ngton;
(c)
Evidence that th€ applicant is authorized to do business in the state of
washington;
(d)
The name or names of the vehicles
that the licensee manufactures;
(e)
The name or names and address or
addresses of each and every distributor,
factory
branch,
and
factory
representative;
(f)
The name or names and address or
addresses of resident employees or agents
to provide service or repairs to vehicles
located in the state of Washington only
under the terms of any warranty attached
to new or unused vehicles manufactur€d,
unless such manufacturer requires warranty
service to be performed by all of its
dealers pursuant to a current service
agreement on file with the department;
(g)
Any other information the department may reasonably require.
( 1973 1st
ex.s. c 132 § 5; 1971 ex.s. c 74 § 1; 1969
ex.s. c 63 § 2; 1967 ex.s. c 74 § 6.)
46.70.051
JSSUA]f~
OF b!£~~~ After
the application has been filed,
the fee
paid, and bond posted, if required the
department shall, if no denia1 order is in
effect and no proceeding is pending under
( 464
RCW 46.70.180 or 46.70.200, issne the
appropriate license, which license, in the
case of a vehicle dealer, shall designate
the classification of the dealer: PROVIDED, That nothing shall prohibit a vehicle
dealer from obtaining licenses for more
than one classification, and:
PROVIDED
FURTHER, That nothing shall prevent any
vehicle dealer from dealing in
other
classes of vehicles on an isolated basis.
( 1973 1st ex.s. c 132 § 6; 1971 ex.s. c 74
§ 2; 1967 ex.s. c 74 § 7-J
46.70. 060
DE.ll,M!..§.
LICEJ!~g
FEEMAl&!!~ f!tAIM~
[ 1972 ex.s. c 99T57
1971 ex.s. c 74 § 3; 1967 ex.s. c 74 § 26;
1967 c 32 § 77; 1961 c 12 § 46.70.060.
Prior:
1959 c 166 § 18; 1951 c 150 § 1. J
Repealed by 1973 1st ex.s. c 132 § 25.
46.70.061
f~~:=QllfOS!TIQh
(1)
The
fees for original licenses issued for a
calendar year or any portion
thereof
pursuant to this chapter shall be:
(a)
Vehicle dealers, principal place of
business for each and every license classification: Fifty dollars;
(b)
Vehicle dealers, each and every
subagency: Ten dollars;
(c)
Vehicle salesman: Ten dollars;
(d)
Vehicle
manufacturers:
Fifty
dollars.
(2)
The fee for renewal of any license
issued pursuant to this chapter shall be:
(a)
Vehicle dealers, principal place of
business for each and every license classification: Twenty-five dollars;
(b)
Vehicle dealer, each and every subagency: Ten dollars;
(c)
Vehicle salesman: Ten dollars;
(d)
Vehicle manufacturers: Twenty-five
dollars.
PROVIDED, That if any licensee shall
fail or neglect to apply for such renewal
prior to February 1st in each year, his
license shall be declared canceled by the
director, in which case the licensee will
be required to apply for an original
license and pay the fee required for such
original license.
(3)
The fee for the transfer to another
location of any license issued pursuant to
this chapter shall be:
(a)
Vehicle dealer, principal place of
business of each and every license classification,
provided that such change is
within the same county: Ten dollars:
(b)
There shall be no transfer of any
vehicle dealer subagency license;
(c)
Vehicle salesman, provided that no
such fee shall be required in a transfer
from one location of any one dealer to any
other location: Five dollars.
(4)
The fee for vehicle dealer license
plates and manufacturer license plates
shall be the amount required by law for
vehicle license plates exclusive of excise
tax, except those specified in RCW 82.44.030, and gross weight and tonnage fees:
PROVIDED, That the fee for an original
J
UNFAIR VEHICLE BUSINESS PRACTICES--DEALERS, SALESMEN AND MANUFACTURERS46.70.081
---~-----------------------------------------------------------------------------------
vehicle dealer's license or any renewal
thereof shall include one set, or one
plate, dependent upon the license classification of the dealer, of vehicle dealer
license plates for each classification of
the dealer.
PROVIDED, FURTHER, That the maximum number of sets of vehicle dealer plates the
department may issue to a dealer shall not
exceed the greater of ten sets or a figure
which represents four
percent of
the
dealer's
total vehicle sales for the
previous year, except that the department
may issue what it determines to be a
reasonable number of sets in those cases
where the dealer has not been previously
licensed or where he can satisf~ the
department that the previous year's sales
were unnaturally low for reasons beyond
his control:
PROVIDED, FURTHER, That the
department may, in its discretion, issue a
reasonable number of additional plates in
those cases where a dealer sells motor
homes,
mobile homes or travel trailers:
AND PROVIDED FURTHER, That no dealer who
sold
less than twenty passenger cars
and/or pickup trucks during the previous
year shall be entitled to rece~ve any
additional sets, unless he can satisfy the
department that additional sets are necessary for the purposes indicated in RCW
46.70.090, excepting
subsections (2) (b)
and (4) (b).
(5) All
fees collected under this chapter shall be turned into the state
treasury and credited to the motor vehicle
fund.
(6)
The fees prescribed herein shall be
in addition to any excise taxes imposed by
chapter 82.44 RCW.
( 1973 1st ex.s. c 132
§ 7; 1967 ex.s. c 74 § 13.]
46. 70.070
..QEALERS=BO,l!l:l
£H;:QQIRE.J2==!f=
(1)
Before issuing a vehicle dealer's license,
the department shall require the applicant
to file with said departm~nt a surety bond
in the amount of:
(a)
Ten thousand dollars for motor vehicle dealers;
(b)
Twenty thousand dollars for mobile
home and travel trailer deale~s:
PROVIDED, That if such dealer does not deal in
mobile homes such bond shall be
ten
thousand dollars;
(c)
Five thousand dollars for miscellaneous dealers,
running to the state, and executed by a
surety company authorized to do business
in the state.
Such bond shall be approved
by the attorney general as to form and
conditioned that the dealer shall conduct
his business in conformity with the provisions of this chapter.
Any retail purchaser who shall hav~ suffered any loss or
damage by reason of breach of warranty or
by any act by a dealer which constitutes a
violation of this chapter shall have the
right to institute an action for recovery
against such dealer and the surety upon
such bond.
successive recoveries against
1IQNS--CANf~1LATION
197 3 RCW SUPP •
Qf
1I~EN~~~
[
said bond shall be permitted but the
aggregate liability of the surety to all
persons shall in no event exceed the
amount of the bond.
Upon exhaustion of
the penalty of said bond or cancellation
of the bond
by the surety the vehicle
dealer license shall automatically
be
deemed canceled.
(2)
The bond for any vehicle dealer
licensed or to be licensed under more than
one classification shall be the highest
bond required for any such classification.
(1973 1st ex.s. c 132 § 8; 1971 ex.s. c 74
§ 4; 1967 ex.s. c 74 § 27; 1961 c 239 § 1;
1961 c 12 § 46,70.070.
Prior:
1959 c 166
§ 1 9 ; 19 5 1 c 1 50 § 8 • ]
46.70.075
~!NUf!CTQli~RS~ONQ
:QY.IJ!ED==!CTIO.!i~=-CANCE11ATIQ!i
RE-
QI LI£ENSi~
Before issuing a manufacturer license to a
manufacturer of
mobile homes or travel
trailers, the department shall require the
applicant to file with said d~partment a
surety bond in the amount of
twenty
thousand dollars in the case of a mobile
home manufacturer and ten thousand dollars
in the case of a travel trailer manufacturer running to the state,
and executed
by a
surety company authorized to do
business in the state. such bond shall be
approved by the attorney general as to
form and conditioned that the manufacturer
shall conduct his business in conformity
with the provisions of this chapter and
with all standards set by the state of
Washington or the federal government
pertaining to the construction or safety of
such vehicles.
Any retail purchaser or
vehicle dealer who shall have suffered any
loss or damage
by reason of breach of
warranty or by any act by a manufacturer
which constitutes a violation of this
chapter or a
violation of any standards
set by the state of Washington or the
federal goverDment pertaining to construction or safety of such vehicles shall have
the right to institute an action for
recovery against such manufacturer and the
surety upon such bond.
successive recoveries against said bond shall be permitted
but the aggregate liability of the surety
to all persons shall in no event exceed
the amount of the bond.
Upon exh~ustion
of the penalty of said bond or cancellation
of the
bond by the surety the
manufacturer license shall automatically
be deemed canceled. [1973 1st ex.s. c 132
§ 9. ]
46.70.081
DEALER TO ADVISE OF BUSINESS
LOCATIQ!iL Q!!l!GE- !ULQQIREM~NTS rQ!i--~.!!1I'I::
PL] LOCAllQ!~=~ll 11Q!.I.!.!§..'.. CO],Il!QATJON Q]
DEAitl Q!! IH£!~!£ITI QI .!.!~DEg~
Every
vehicle dealer shall advise the department
of the location of each and every place of
business of the firm and the name or names
under which the firm is doing business at
such location or locations.
In the event
that any name or location is changed,
the
dealer shall notify the department of such
465 ]
46.70.081
MOTOR VEHICLES
--------------------------------------------------------------------------------------change within ten days. The license issued
by the department shall reflect the name
and location of the firm and shall be
posted in a conspicuous place at that
location by the dealer.
If a dealer does business in more than
one county, separate licenses shall be
required for each county.
If a dealer maintains a place of business at more than one location or under
more than one name in any one county, he
shall designate one location as the principal place of business of the firm,
one
name as the principal name of the firm,
and all other locations or names
as
subagencies.
A subagency license shall be
require~ for each and every subagency.
A vehicle dealer's license shall upon
the death, or incapacity of an individual
vehicle
dealer authorize the personal
representative of such dealer, subject to
payment of license fees, to continue the
business for a period of six months from
the date of said death or incapacity.
[ 1973 1st ex. s. c 132 § 10; 1967 ex. s.
c
74 § 8.]
46.70.082
SALESMAN'S
LICENSE--ISSUANC~gQSTINg_ PR~EDQ!ij ON TEi!1INATION Qf
~~gLOYMENT.
The license issued to the
vehicle salesman shall be sent to the
salesman by the department and shall be
posted in a conspicuous place on the
premises of the dealer by whom the salesman is employed during the period of the
salesman's employment.
when a salesman begins or terminates a
connection with a vehicle dealer, the
salesman and dealer shall promptly notify
the department, in writing, in the form
prescribed by the department. In addition
to other information required by
the
department, the vehicle dealer with whom
the salesman is beginning a connection
shall certify that he has examined the
background of the salesman and, to the
best of his knowledge, the salesman is of
good moral character. (1973 1st ex.s. c
132 § 11; 1971 ex.s. c 74 § 5; 1967 ex.s.
c 74 § 9.]
OF 1lCEN~~ Q]
IQ!i
REN~~
The license of a vehicle dealer or a
vehicle manufacturer shall be effective
until December 31 and may be renewed by
filing with the department prior to the
expiration thereof an application containing such information as the department may
require to indicate any material change in
the information contained in the original
application.
Registration of a vehicle salesman shall
be effective until June 30 and may be
renewed by filing with the department
prior to the expiration thereof an application containing such information as the
department may require to indicate any
material change in the information contained in the original application. [1973
46.70.083
EXPIR!IJQ~
]~J~TRAIION--APP1~II2!
1st ex.s. c 132 § 12; 1971 ex.s. c 74 § 6;
1967 ex.s. c 74 § 10.]
46.70.090
DEA1]] !!Q ~ANQ1!£IQ~ LI9.!!~~ RUTE§::::!!~~
{1 >
The department
shall issue vehicle dealer license plates,
which are capable of distinguishing the
classification of the dealer, to vehicle
dealers properly licensed pursuant to this
chapter and shall, upon application, issue
manufacturer's license plates to manufacturers properly licensed pursuant to this
chapter.
(2)
Motor vehicle dealer license plates
may be used:
(a)
To demonstrate motor vehicles held
for sale when operated by an individual
holding a valid operator's license, provided that a dated demonstration permit,
valid for no more than seventy-two hours,
is carried in the vehicle at all times it
is operated by any such individual.
(b) On motor vehicles owned, held for
sale and which are in fact available for
sale by the firm when operated by an
officer of the corporation,
partnership,
or proprietorship or by a bona fide full
time employee of the firm, provided that a
card so identifying any such individual is
carried in the vehicle at all times it is
operated by him.
Any such vehicle so
operated may be used to transport the
dealer's own tools, parts and equipment to
a total weight not to exceed five hundred
pounds.
(c)
on motor vehicles being tested for
repair.
(d)
On motor vehicles being moved to or
from a motor vehicle dealer's place of
business for sale.
(e)
On motor vehicles being moved to or
from motor vehicle serv1ce and repair
facilities before sale.
(f)
on motor vehicles being moved to or
from motor vehicle exhibitions within the
state of Washington, provided that any
such exhibition does not exceed a period
of twenty days.
(3)
Mobile
home and travel trailer
dealer license plates may be used:
(a)
On units hauled to or from the
place of business of the manufacturer and
the place of business of the dealer or to
and from places of business of the dealer.
(b)
On
mobile
homes
hauled to a
customer's location for set-up after sale.
{c)
On travel "':railers held for sale to
demonstrate the towing capability of ttte
vehicle provided that a dated demonstration permit, valid for not more than
seventy-two hours, is carried with the
vehicle at all times.
(d)
On mobile homes being hauled from a
customer • s location provided that
the
requirements of RCW 46.16.105 and 46.16• 106 are met.
(e)
On any motor vehicle owned by the
dealer which is used only to move vehicles
legally bearing mobile home and travel
trailer dealer license plates of
the
dealer so owning any such motor vehicle.
[ 466 ]
UNFAIR VEHICLE BUSINESS PRACTICES--DEALERS, SALESMEN AND MANUFACTURERS46.70.101
--------------------------------------------------------------------------------------(f) On vehicles being moved to or from
vehicle exhibitions within the state of
washington, provided that any such exhibition does not exceed a period of twenty
days.
(4) Miscellaneous vehicle dealer license plates may be used:
(a) To demonstrate any miscellaneous
vehicle: PROVIDED, That:
(i) No such vehicle shall be demonstrated on a public highway unless the
customer has an appropriate endorsement on
his driver's license, if such endorsement
is required to operate such vehicle; and
(ii) A dated demonstration permit, valid for no more than seventy-two hours, is
carried with the vehicle at all times it
is operated by any such individual.
(b)
On vehicles owned, held for sale
and which are, in fact, available for
sale, by the firm when operated by an
officer of the corporation, partnership or
proprietorship or by a bona fide full time
employee of the firm, provided that a card
so identifying such individual is carried
in the vehicle at all times it is operated
by him.
(c) on
vehicles
being
tested for
repair.
(d)
On vehicles being transported to or
from the place of business of the manufacturer and the place of business of the
dealer or to and from places of business
of the dealer.
(e) On vehicles on which any other item
sold or to be sold by the dealer is
transported from the place of business of
the manufacturer to the place of business
of the dealer or to and from places of
business of the dealer: PROVIDED, That
such vehicle and such item are purchased
or sold as one package.
(5) Manufacturers
properly
licensed
pursuant to this chapter may apply for and
obtain manufacturer license plates and may
be used:
{a)
To transport vehicles to or from
the place of business of a manufacturer to
a vehicle dealer within this state who is
properly
licensed
pursuant
to
this
chapter.
(b)
To test vehicles for repair.
(6) Vehicle dealer license plates and
manufacturer license plates shall not be
used for any purpose other than set forth
in this section and specifically shall not
be:
(a)
Used on any vehicle not within the
class for which the vehicle dealer license
plates
are issued unless specifically
provided for in this section.
(b) Loaned to any person for any reason
not specifically provided for in this
section.
(c)
Used on any vehicles for the transportation of any person, produce, freight,
or commodities unless specifically provided for in this section, except there shall
be permitted the use of such vehicle
dealer license plates on a vehicle transporting commodities in the course of a
demonstration over a period not to exceed
1973 RCW SUPP.
seventy-two consecutive hours from the
commencement of such demonstration, if a
representative of the dealer is present
and accompan~es such vehicle during the
course of the demonstration.
(d)
Used on any vehicle sold to a
resident of another state to transport
such vehicle to that other state in lieu
of a trip permit or in lieu of vehicle
license plates obtained from that other
state.
(7}
In addition to or in lieu of any
sanction imposed by the director pursuant
to RCW 46.70.101 for unauthorized use of
vehicle dealer license plates or manufacturer license plates, the director may
order that any or all vehicle dealer
license plates or manufacturer license
plates issued pursuant to this chapter be
confiscated for such period as he deems
appropriate. [1973 1st ex.s. c 132 § 13;
1971
ex.s. c 74 § 7; 1969 ex.s .• c 63 § 3;
1961 c 12 § 46.70.090. Prior: 1955 c 283
§ 1; 1951 c 150 § 10. J
46.70.101
DEli!.liL SUSPID!.§.l.Q!i QB REVOf!!lQN Ql ~£~N2~2==QROU~Q~ The director
may by order deny, suspend or revoke the
license of any vehicle dealer, vehicle
manufacturer, or vehicle salesman or, in
lieu thereof or in addition thereto, may
by order assess monetary penalties of a
civil nature not to exceed one thousand
dollars per violation, i f he finds that
the order is in the public interest and
that the applicant, or licensee:
{1)
In the case of a vehicle dealer:
(a) The applicant or licensee, or any
partner, officer, director, owner of ten
percent or more of the assets of the firm.
or managing employee:
(i)
was the holder of a license issued
pursuant to this chapter, which was revoked for cause and never reissued by the
department, or which license was suspended
for cause and the terms of the suspension
have not been fulfilled;
(ii)
Has been convicted of any crime
within the preceding five years involving
fraud, misrepresentation, or conversion,
or
suffering any judgment within the
preceding five years in any civil action
involving
fraud,
misrepresentation or
conversion;
(iii)
Has knowingly or with reason to
know made a false statement of a material
fact in his application for license or any
data attached thereto, or in any matter
under investigation by the department;
(iv)
Does not have an established place
of business as defined in this chapter;
{v) Employs an unlicensed salesman or
one whose license has been denied, revoked
within the last year, or is currently
suspended, the terms of which have not
been fulfilled:
(vi)
Refuses to allow representatives
or agents of the department to inspect
during normal business hours all books,
records and files maintained within this
state;
[ 467 ]
46.70.101
-----------
MOTOR VEHICLES
-------------------------------------------------------------------
(vii)
Sells, exchanges, offers,
brokers, auctions, solicits or advertises a
new or current aodel vehicle to which a
factory nev vehicle warranty attaches and
fails to have a valid, written service
agreeaent as required by this chapter, or
having such agreement refuses to honor or
repudiates the same;
(viii)
Is insolvent, either in
the
sense that his liabilities exceed his
assets, or in the sense that he cannot
meet his obligations as they mature;
(ix)
Fails to pay any civil monetary
penalty assessed by the director pursuant
to this section within ten days after such
assessment becomes final.
(b)
The applicant or licensee, or any
partner, officer, director, owner of ten
percent of the assets of the firm, or any
eaployee or agent:
(i)
Has failed to comply vi th the applicable provisions of chapter 46.12 RCW
or this chapter or any rules and regulations adopted thereunder;
(ii)
Has defrauded or attempted to defraud the state, or a political subdivision thereof of any taxes or fees in
connection with the sale or transfer of a
vehicle;
(iii)
Has forged the signature of the
regist~red or legal owner on a certificate
of title;
(iv)
Has purchased, sold, d~sposed of,
or has in his possession any vehicle which
he knows or has reason to know has been
stolen or appropriated without the consent
of the owner;
(v)
Has wilfully failed to deliver to a
purchaser a certificate of ownership to a
vehicle which he has sold;
(vi)
Has committed any act in violation
of
RCW 46.70.090 relating to vehicle
dealer license plates and manufacturer
license plates;
(vii)
Has committed any act in violation of RCW 46.70.180 relating to unlawful
acts and practices;
(c)
The licensee or any partner, officer, director, owner of ten percent or
more of the assets of the firm holds or
has held any such position in any other
vehicle dealership licensed pursuant to
this chapter which is subject to final
proceedings under this section.
(2)
In the case of a vehicle salesman:
(a)
Was the holder of, or was a partner
in a partnership, or was an officer,
director, or owner involved in the management of a corporation which was
the
holder,
of a license issued pursuant to
this chapter which was revoked for cause
and never reissued or vas suspended and
the terms of the suspension had not been
fulfilled;
(b)
Has been convicted of any crime
within the preceding five years involving
fraud, misrepresentation, or conversion,
or
suffering any judgment within the
preceding fiye years in any civil action
involving
fraud, misrepresentation, or
conversion;
(c)
Has knowingly or with reason to
know made a false statement of a material
fact in his application for license or any
data attached thereto or in any matter
under investigation by the department;
(d)
Has failed to comply with the applicable provisions of chapter 46.12 Rcw
or this chapter and any rules and regulations adopted thereunder;
(e)
Has defrauded or attempted to de·
fraud the state, or a political subdivision thereof, of any taxes or fees in
connection with the sale or transfer of a
vehicle;
(f)
Has forged the signature of the
registered or legal owner on a certificate
of title;
(g)
Has purchased, sold, or disposed
of, or has in his possession, any vehicle
which he knows or has reason to know has
been stolen or appropriated without the
consent of the owner;
(h)
Has wilfully failed to deliv~r to a
purchaser a certificate of ownership to a
vehicle which he has sold;
(i)
Has committed any act in violation
of RCW 46.70.180 relating to unlawful acts
and practices;
(j)
Fails to pay any civil monetary
penalty assessed by the director pursuant
to this section within ten days after such
assessment becomes final.
(3)
In the case of a manufacturer, or
any partner, officer, director, or majority shareholder:
(a)
Was or is the holder of a license
issued pursuant to this chapter which was
revoked for cause and never reissued by
the department,
or which license
was
suspended for cause and the terms of the
suspension have not been fulfilled;
(h)
Has knowingly or with reason to
know, made a false statement of a material
fact in his application for license, or
any data attached thereto, or in any
matter
under
investigation
by
the
departlllent;
(c)
Has failed to comply with applicable provisions of chapter 46.12 RCW or
this chapter and any rules and regulations
adopted thereunder;
(d)
Has defrauded or attempted to defraud the state, or political subdivision
thereof, of any taxes or fees in connection with the sale or transfer of a
vehicle;
(e)
Has purchased, sold, or disposed
of, or has in his possession, any vehicle
which he knows or has reason to know has
been stolen or appropriated without the
consent of the owner;
(f)
Has committed any act in violation
vehicle
of RCW 46.70.090 relating to
dealer license plates and manufacturer
license plates;
(g)
Has committed any act in violation
of RCW 46.7G.l80 relating to unlawful acts
and practices;
(h)
Sells or distributes in this state
or transfers into this state for resale,
any new or unused vehicle to which a
warranty attaches or has attached and
[ 468 ]
UNFAIR VEHICLE BUSINESS PRACTICES--DEALERS, SALESMEN AND MANUFACTURERS46.70.180
--------------------------------------------------------------------------------------c 132 § 16; 1961 c 12 § 46.7C.130.
1951 c 150 § 16.]
refuses to honor the terms of such warranty within a reasonable time or repudiates
the same;
(i)
Fails to maintain one or more resideDt employees or agents to provide service or repairs to vehicles located within
the state of Washington only under the
terms of any warranty attached to new or
unused vehicles manufactured and which are
or have been sold or distributed in this
state or transferred into this state for
resale unless such manufacturer requires
warranty service to be performed by all of
its dealers pursuant to a current service
agreement on file with the department.
(j)
Fails to reimburse within a reasonable time any vehicle dealer within the
state of washington who in good faith
incurs reasonable obligations in giving
effect to warranties that attach or have
attached to any new or unused vehicle sold
or distributed in this state or transferred into this state for resale by any
such manufacturer.
(k)
Engaged in practices inimical to
the health and safety of the citizens of
the state of Washington including but not
limited to failure to comply with standards set by the state of Washington or the
federal government pertaining to the construction and safety of vehicles.
(1973
1st ex.s. c 132 § 14; 1969 ex.s. c 63 § 4;
1967 ex.s. c 74 § 11.]
46.70.140
tl!EQ~ING ~liQI~ !~HI£~~~~Qli=
REPORTED
MO'IOR 11 SWITCHES"~UNAUTHOlUZED
usi OF DEA~I£!CPLATES--PENALTY. Any--vehi=
cle dealer who shall knowingly or with
reason to know, buy or receive,
sell or
dispose of, conceal or have in his possession, any vehicle from which the motor or
serial number has been removed, defaced,
covered. altered, or destroyed,
or any
dealer,
who shall remove from or install
in any motor vehicle a new or used motor
block without
immediately notifying the
department of such fact
upon a
form
provided by the department, or any vehicle
dealer who shall loan or permit the use of
vehicle
dealer license plates
by any
person not entitled to the use thereof,
shall be guilty of a gross misdemeanor.
[1973 1st ex.s. c 132 § 17; 1971 ex.s. c
74 § 8;
1967 c
32 § 79; 1961 c 12 §
46.70.1qO.
Prior:
1951 c 150 § 11.]
46.70.120
BECOR~
Qf TRANSACTIONS.
A
dealer shall complete and maintain~or a
period of at least five years a record of
the purchase and sale of all vehicles
purchased or sold by him which records
shall consist of:
(1)
The license and title numbers of
the state in which the last license was
issued;
(2)
A description of the vehicle; and
(3)
The name and address of person from
whom purchased; and
(4)
The name of legal owner, if any;
and
(5)
The name and address of purchaser;
and
(6)
Any additional information the department may require.
Such record shall be maintained separate
and apart from all other business records
of the dealer and shall at all times be
available for inspection by the director
or his duly authorized agent.
[1973 1st
ex.s. c 132 § 15; 1961 c 12 § 46.70.120.
Prior:
1951 c 150 § 15.]
46.70.130
DETAILS OF CHARGES MU~! BE
IQBNISH~~ BUXER-OR ~Q~IQAGOR.--Before the
execution of a contract or chattel mortgage or the consummation of the sale of
any vehicle, the seller must furnish the
buyer an itemization in writing signed by
the seller separately disclosing to the
buyer the finance charge, insurance costs,
taxes, and other charges which are paid or
to be paid by the buyer.
(1973 1st ex.s.
1 97 3 RCW SUPP.
[
Prior:
46.70.180
Qli1!!£Q1 !~!~AN~ £li!CTif~~
Each of the following acts or practices is
hereby declared unlawful:
(1)
To cause or permit to be advertised, printed, displayed,
published,
dis•
tributed,
broadcasted,
televised,
or
disseminated in any manner whatsoever, any
statement or representation with regard to
the sale or financing of a
vehicle which
is false, deceptive or misleading, including but not limited to the following:
(a)
That no down payment is required in
connection with the sale of a vehicle when
a down payment
is in fact required, or
that a vehicle may be purchased for less
down payment than is actually required;
(b)
That a certain percentage of the
sale price of a vehicle may be financed
when such financing is not off~red in a
single
document evidencing the entire
security transaction;
(c)
That a
certain percentage is the
amount of the service charge to be charged
for financing,
without stating whether
this pe~centage charge is a monthly amount
or an amount to be charged per year;
(d)
That a new vehicle will be sold for
a certain amount above or below cost
without computing cost as the exact amount
of the factory invoice on the specific
vehicle to be sold;
(e)
That a vehicle will be sold upon a
monthly payment of a certain
amount,
without including in the statement the
number of payments of that same amount
which are required to liquidate the unpaid
purchase price.
(2)
To incorporate within the terms of
any purchase and sale agreement any statement or representation with regard to the
sale or financing of a
vehicle which is
false, deceptive, or misleading, including
but not limited to terms that include as
an added cost to the selling price of a
469 ]
46.70.180
MOTOR VEHICLES
--------------------------------------------------------------------------------------vehicle an amount for licensing or transfer of title of that vehicle which is not
ac~ually due to
the state, unless such
amount has in fact been paid by the dealer
prior to such sale.
(3)
To set up, promote, or aid in the
promotion of a plan by which vehicles are
to be sold to a person for a consideration
and upon further consideration that the
purchaser agrees to secure one or more
persons to participate in the plan by
respectively making a similar purchase and
in turn agreeing to secure one or more
persons likewise to join in said plan,
each purchaser being given the right to
secure money, credits, goods or something
of value, depending upon the number of
persons joining the plan.
(4)
To commit, allow, or ratify any act
of "bushing" which is defined as follows:
Taking from a prospective buyer of a
vehicle
a written order or offer to
purchase, or a contract document signed by
the buyer, which:
(a)
Is subject to the dealer's, or his
authorized representative's future acceptance, and the dealer fails or refuses
within forty-eight hours, exclusive of
Saturday, sunday or legal holiday, and
prior to any further negotiations with
said buyer, to deliver to the buyer either
the dealer's signed acceptance or all
copies of the order,
offer or contract
document together with any initial payment
or security made or given by the buyer,
including but not limited to money, check,
promissory note, vehicle keys, a trade-in
or certificate of title to a trade-in; or
(b)
Permits the dealer to renegotiate a
dollar amount specified as trade-in allowance on a vehicle, delivered or to be
delivered by the buyer as part of the
purchase price, because of depreciation,
obsolescence, or any other reason 9xcept
substantial and latent mechanical defect
that could not have been reasonably discovered at the time of the taking of said
order, offer or contract: PROVIDED, That
said physical damage or mechanical defect
shall have occurred before the dealer took
possession of the vehicle; or
(C)
Fails to comply with the obligation
of any written warranty or guarantee given
by the dealer requiring the furnishing of
services or repairs.
(5)
To commit any offense relating to
odometers, as such offenses are defined in
RCW 46.37.540, 46.37.550, 46.37.560 and
46.37.570;
(6)
For any vehicle deal~r or vehicle
salesman to refuse to furnish,
upon request of a prospective purchaser, the name
and address of the previous registered
owner of any used vehicle offered for
sale.
(7)
Being a manufacturer to:
(a)
coerce or attempt to coerce any
vehicle dealer to order or accept delivery
of any vohicle or vehicles,
parts or
accessories,
or any other commodities
which shall not have been voluntarily
[
ordered by the said vehicle dealer:
PROVIDED, That recommendation, endorsement
exposition, persuasion, urging, or argu:
ment shall not be deemed to constitute
coercion;
(b)
Cancel, or, fail to renew the franchise or selling agreement of any vehicle
dealer doing business in this state without fairly compensating the dealer at a
fair going business value for his capital
investment which shall include but not be
limited to tools, equipment, and parts
inventory, possessed by the dealer on the
day he is notified of such cancellation or
termination and which are still within the
dealer's possession on the day the cancellation or termination is effective, if:
(1)
The capital investment shall have
been entered into with reasonable and
prudent business judgment for the purpose
of fulfilling the franchise; and (2) Said
cancellation or nonrenewal was not done in
good faith.
Good faith shall be defined
as the duty of each party to any franchise
to act in a fair and equitable manner
towards each other, so as to guarantee one
party freedom from coercion, intimidation,
or threats of coercion or intimidation
from the other party:
PROVIDED, That
recommendation, endorsement, exposition,
persuasion, urging or argument shall not
be deemed to constitute a lack of good
faith.
(c)
Encourage, aid, abet or teach a
vehicle dealer to sell vehicles through
any false,
deceptive or misleading sales
or financing practices including but not
limited to those practices declared unlawful in this section;
(d)
Coerce or attempt to coerce a vehicle dealer to engage in any practice
forbidden
in
this section by either
threats of actual cancellation or failure
to renew the dealer's franchise agreement;
(e)
Refuse to deliver any vehicle pub·
licly advertised for immediate delivery to
any duly licensed vehicle dealer having a
franchise or contractual agreement for the
retail sale of new and unused vehicles
sold or distributed by such manufacturer
within sixty days after such dealer's
order shall have been received in writing
unless caused by inability to deliver
because of shortage or curtailment of
material, labor, transportation or utility
services, or to any labor or production
difficulty, or to any cause beyond the
reasonable control of the manufacturer.
(f)
To provide under the terms of any
warranty that a purchaser of any new or
unused vehicle that has been sold, distributed for sale, or transferred into
this state for resale by the vehicle
manufacturer that any warranty claim on
any item included as an integral part of
the vehicle may only be made against the
manufacturer of that item.
(8)
Nothing in this section shall be
construed to impair the obligations of a
contract or to prevent a manufacturer,
distributor, representative or any other
person, whether or not licensed under ~his
470 J
TRANSPORTATION OF PASSENGERS IN FOR HIRE VEHICLES
46.72.040
--------------------------------------------------------------------------------------chapter, from requiring performance of a
written contract entered into with any
licensee hereunder, nor shall the requirement of such performance constitute a
violation of any of the provisions of this
section:
PROVIDED,
HOWEVER,
Any such
contract, or the terms thereof,
requiring
performance, shall have been theretofore
freely entered into and executed between
the contracting parties. [1973 1st ex.s.
c 132 § 18; 1969 c 112 § 1; 1967 ex.s.
c
74 § 16.]
46.70.19C
CIVJ1
!£1JQ!§
11Q~==IM~M~TION~~1Aln~
fQli
!lOLA=
Y~Q~g
f~~1
!£I==ID~ 11tt=
A.!!IOi'l!rnii& Qll1ER I.B!M£.!ilg
1ll1ION FO] .fiL.ll!,!i !£liQJl1 Any person who
is injured in his business or property by
a violation of this chapter, or any person
so injured because he rafuses to accede to
a proposal for an arrangement which, if
consummated, would be in violation of this
chapter, may bring a civil action in the
superior court to enjoin further violations,
to recover the actual damages
sustained by him together with the costs
of the suit, including a reasonable attorney's fee.
Any person recovering judgment or whose
claim has been dismissed with prejudice
against a manufacturer pursuant to RCW
46.70.180 (7) (b) and this section shall,
upon full payment of said judgment, or
upon the dismissal of such claim, execute
a waiver in favor of the judgment debtor
or defendant of any claim arising prior to
the date of said judgment or dismissal
under the Federal Automobile Dealer Franchise Act, 15 United States Code sections
1221-1225. Any person having recovered
full payment for any
judgment or whose
claim has been dismissed with prejudice
under said Federal Automobile Dealer Franchise Act shall have no cause of action
under this section for alleged violation
of RCli 46. 70. 180 (7) (b), with respect to
matters arising prior to the date of said
judgment.
A civil action brought in the superior
court pursuant to the provisions of this
section must be filed no later than one
year following the alleged violation of
this chapter. (1973 1st ex.s. c 132 § 19;
1967 ex.s. c 74 § 21.]
46.70.280
LICENSE RENEWAL PERIOD UNDER
[1971 ex:5.--c~4
-;967
ex. s. c 74 § 29. ] Repealed by 197 3 1st
ex.s. c 132 § 25.
1211 A~!~
-§--g;
46.70.900
1~!1
CONSTRUCTION--1967
A~~ All provisions of this ch~pter-~l
be liberally construed to the end that
deceptive practices or commission of fraud
or misrepresentation in the sale, barter,
or disposition of vehicles in this state
may
be prohibited and prevented,
and
1973 RCW SUPP.
irresponsible,
unreliable, or dishonest
persons may be prevented from engaging in
the business of selling,
bartering, or
otherwise dealing in vehicles in this
state and reliable persons may be encouraged to engage in the business of selling,
bartering and otherwise dealing in vehicles in this state: PROVIDED, That this
chapter shall not apply to
printers,
publishers, or broadcasters who in good
faith print, publish or broadcast material
without knowledge of its deceptive character.
( 1973 1st ex.s. c
132 § 20;
1967
ex. s. c 7 4 § 2. )
[ 471
46.70.920
~~VERA~I1ITY--J21J 1~! ~!~~~
1Jl~
If any prov~s1on of this 1973
amendatory act is declared unconstitutional, or the applicability thereof to any
person or circumstance is held invalid,
the constitutionality of the remainder of
this 1973 amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby.
(1973
1st ex.s. c 132 § 21.]
~
Chapter 46. 7 2
TRANSPORTATION OF PASSENGERS IN FOR HIRE
VEHICLES
46.72.040
SURETY ~QND~ Before a permit is issued--ev~y for hire operator
shall be required to deposit and thereafter keep on file with the director a
surety
bond running to the state of
washington covering each and every for
hire vehicle as may be owned or leased by
him and used in the conduct of
his
business as a for hire operator.
Such
bond shall be in the sum of one hundred
thousand dollars for any recovery for
death or personal injury by one person,
and three hundred thousand dollars for all
persons killed or receiving personal injury by reason of one act of negligence, and
twenty-five thousand dollars for damage to
property of any person other than the
assured, with a good and sufficient surety
company licensed to do business in this
state as surety and to be approved by the
director, conditioned for the faithful
compliance by the principal of said bond
with the provisions of this chapter, and
to pay all damages which may be sustained
by any pers~n injured by reason of any
careless negligence or unlawful act on the
part of said principal,
his agents or
employees in the conduct of said business
or in the operation of any motor propelled
vehicle used in transporting passengers
for compensation on any public highway of
this state. [1973 c 15 § 1; 1967 c 32 §
82; 1961 c 12 § 46.72.040,
Prior:
1947 c
253 § 4; Rem. supp. 1947 § 6386-4;
prior:
1933 c 73 § 1, part; 1915 c 57 § 2, part;
RRS
§
6383,
part.
Formerly
RCW
81,72.040.]
J
46.72.050
MOTOR VEHICLES
--------------------------------------------------------------------------------------46.72.050
LIABILITY COVERAGE--RIGHT OF
!CTioM ~!!kQ~--rn-li~
the-suieti~ond
as provided in this chapter, there may be
deposited and kept on file and in force
with the director a public
liability
insurance policy covering each and every
motor vehicle operated or intended to be
so operated,
executed by an insurance
company licensed and authorized to write
such insurance policies in the state of
Washington, assuring the applicant for a
permit against property damage and personal liability to the public,
with the
premiums paid and payment noted thereon.
Said policy of insurance shall provide a
minimum coverage equal and identical to
the coverage required by the aforesaid
surety bond,
specified under the provision$ of RCW 46.72.040. No provisions of
this chapter shall be construed to limit
the right of any injured person to any
private right of action against a for hire
operator as herein defined. [1973 c 15 §
2;
, 96 7 c 3 2 § 8 3; 19 6 1 c 12 § 4 6. 72. 0 50.
Prior:
1947 c 253 § 5; Rem. Supp. 1947 §
6386-5.
Formerly RC~ 81.72.050.]
ot
which registration is requested, based on
the regular annual fees or applicable fees
for the unexpired portion of the registration year.
(c)
Multiply the sum obtained under
subsection
(2) (b) hereof by the fraction
obtained under subsection (2) (a) hereof.
(3)
The applicant for proportional registration of any fleet,
the
nonmotor
vehicles of which are operated in jurisdictions in addition to those in which the
applicant's fleet motor vehicles are operated, may state such nonmotor vehicles
separ~tely
in his application and compute
and pay the fees therefor in accordance
with such separate statement, as to which
"total miles" shall be the total miles
operated in all jurisdictions during the
preceding year.
(4)
:r:n no event shall the total tee
payment be less than a minimum of five
dollars per motor truck, truck tractor or
auto stage, and three dollars per vehicle
of any other type. [ 1973 c 115 § 1; 1971
c 51§ 1; 1963 c 106 § 12.]
TITLE 47
PUBLIC HIGHWAYS
Chapter 46.85
RECIPROCAL OR PROPORTIONAL REGISTRATION OF
VEHICLES
Sections added, amended, or repealed:
46.85.120
.rJ&n
AND
gROPOR!1Q]A1
Y~.!i.I£;U~
gjXMEN~
B~21~!B!I10N Q1
n;~
FQRMUL.!
A.E.E11£;;A:llON,
(1)
Any owner engaged in
operating one or more fleets may, in lieu
of registration of vehicles under the
provisions of chapter 46.16 RCW and payment of excise taxes and fees imposed by
chapter 82.44 RCW,
register and license
each fleet for operation in this state by
filing an application with the department
which shall contain the following information and such other information pertinent
to vehicle registration as the department
may require:
{a)
Total flee~ miles. This shall be
the total number of miles operated in all
jurisdictions during the preceding year by
the motor vehicles in such fleet during
said year.
(b)
In-state miles. This shall be the
total number of miles operated in this
state during the preceding year by the
motor vehicles in such fleet during said
year.
(c)
A description and identification of
each vehicle of such fleet which is to be
operated in this state during the registration year for which proportional fleet
registration is requested.
(2)
The application for each
fleet
shall, at the time and in the manner
required by the depa~tment, be supported
by fee payment computed as follows:
(a)
Divide the sum of the in-state
miles by total fleet miles.
(b)
Determine the total amount necessary under the provisions referred to in
subsection (1) of this section to register
each and every vehicle in the fleet for
47.01.140
47.01.141
47.01.160
47.01.220
47.04.080
47.04.100
Commission's report to
legislature.
Commission's report to legislature and governor--Budget.
commission--Specific powers
enumerated.
Commission--Report to legislature on highway needs through
legislative transportation committee and senate and house
transportation and utilities
committees.
State may cooperate with other
governments and agencies.
Temporary route pending construction of new highway-Streets, roads not to be main-tained as.
~hgQ~ 47~Q~
High,!g.Y
R~i!Y
££Qg;gmming !2f
De~lO.E.!arulh
47.05.030
Long range plan for improve-
47.05.040
Six year comprehensive highway
construction program and financial plan--Adoption--Biennial
revision--Apportionment.
Six year comprehensive highway
construction program--Composition--Criteria for selection of
ments--Objectives~Priorities.
47.05.050
[ 472 ]
projects--Revision--Bien~ial
extension.
TITLE 47
DIGEST OF TITLE
--------------------------------------------------------------------------------------47.05.060
47.05.070
47.05.080
47.08.080
47.08.090
47.08.100
Summary of proposed program to
be presented to governor and
legislature--Contents.
Budget recommendation to be
presented to governor and legislature--Contents.
Biennial report to joint committee on highways.
Funds wh-en commission
charge of county road
improvements.
Funds when commission
charge of city street
improvements.
Illegal use of county
road funds--Procedure
correct.
is in
is in
or city
to
47.12.100
47.12.105
47.12.110
47.12.270
47.12.280
47.12.290
47.12.300
47.12.301
47.12.302
47.12.310
'n. 12.320
State
state
State
State
State
State
state
State
State
State
State
State
State
State
State
State
State
Sale of state highway land used
for administrative purposes
authorized.
Sale of state highway land used
for administrative purposes authorized--Rejection and acceptance of bids--Governor's
approval before acceptance.
Sale of state highway land used
for administrative purposes authorized--Conveyance.
Sale of state highway land used
for administrative purposes authorized--Disposition of
proceeds.
Acquisition of property for
parking facilities for motorists using urban public transportation facilities or private
car pool vehicles.
Sale of real property--Authorized--Procedure--Disposition
of proceeds.
Sale of real property--Certification to governor--Execution,
delivery of deed.
Sale of unneeded property--Toll
bridge authority--Authorized-Rules.
Sale of unneeded property--Toll
bridge authority--Certification
to governor--Execution, delivery of deed.
Toll bridge authority--Sale of
unneeded property.
Sale of real property--Advertisement of sale terms required
before sale becomes final--Sale
to second purchaser, when.
Sale of property~Listing of
available properties with broker authorized.
47.24.010
ch~ter ~l.:..l§.
1973 RCW SUPP.
30.
31.
97.
108.
115.
113.
124.
143.
197.
213.
215.
276.
294.
410.
525.
536.
821.
Q,gyel.QE!!2ll
~n
!n:&a.n
~£~9§=-U~Qan A£1~f~al§~
47.26.042
47.26.043
47.26.190
47.26. 26 0
47.26.400
47.26.401
47.26.404
47.26.420
47.26.421
47.26.424
47.26.450
"Preliminary proposal" defined.
"Construction project" defined.
Apportionment of funds in urban
arterial. trust account a•ong
regions--Date.
Vouchers for payment from urban
arterial trust account--Completion of preliminary proposal-Completion of project--During
wor.k progress.
Issuance and sale of general
obligation bonds--Authorized-Amount--Declaration of purpose.
Bonds--Term--Terms and conditions--Signatures--Registration--Where payable--Negotiable
instruments.
Bonds--Statement describing nature of obligation--Pledge of
excise taxes.
Issuance and sale of general
obligation bonds--Authorized-Amount--Declaration of purpose.
Bonds--Term-Terms and conditions--Signatures--Registration--Where payable--Negotiable
instruments.
Bonds--Statement describing nature of obligation--Pledge of
excise taxes.
Inclusion of portion of construction program for next biennial period in budget-Approval of urban arterial
trust funds to be expended-Additional projects.
1!all£~
State route No. 16.
State route No. 20.
State route No. 20 north.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
Designation of street as part
of highway--Construction, maintenance--Return of street to
city or town.
chsEte£ ~l.:..l~
47. 17.065
47.17.080
4 7. 17.081
route
route
route
route
route
route
route
route
route
route
route
route
route
route
route
route
route
~haEte£ ~1~1~ ~i!Y ~~I~~!~ ~ ~!£i Qf
.2:.S~2 !ii.si.h.B.Y§~
~hs£1~ ~~ll
!£g~~~~Qn ~gg QispQ§itiQn
2! ~~at~ ~ish~aY grop~f~~
47.12.090
47.17.125
47.17.130
47.17.155
47.17.195
47.17.217
47.17.220
47.17.235
47.17.281
47.17.382
47.17.417
47.17.419
47.17.502
47.17.535
47.17.610
47.17.735
47.17.770
47.17.823
47.28.030
( 473 ]
~2~st£Y£i~n ~~ ~a~.ni2=
o t !!isl!u!sYh
Contracts--Day labor--Monetary
limits--Small businesses and
TITLE 47
PUBLIC HIGHWAYS
--------------------------------------------------------------------------------------47,28.050
47.39.020
4 7. o1. 141
f.Q.!UH12.§1:Qli~ l!M.Q.!!I .IQ UQ:
IS.il!!l.!ili !!iQ gQ VERNQ.B=.ffi!QQ ET. T h~ highway commission shall submit reports to the
governor and legislature at the time each
regular session of the legislature convenes,
including but not limited to the
following information:
(1)
The amount of money expended by or
under its direction during the preceding
two fiscal years including data and information as shall show a strict accounting
of sums expended;
(2)
Projects constructed or under construction in the preceding two fiscal
years;
(3)
such operational activities of the
preceding two fiscal years as the commission may deem important and recommendations for the future operations of the
commission;
(4)
A summary of the proposed construction program by functional classification
of highways including the national system
of interstate and defense highways for the
ensuing six years with the portion thereof
to be accomplished during the ensuing
biennium shown in detail with estimated
costs therefor.
In addition,
the
highway
commission
shall submit a budget in accordance with
RCW 47.05.070.
[ 197 3 2nd ex. s. c 12 § 1. )
minority contractors-Rules and
regulations.
Call for bids.
Designation of portions of existing highways as part of
system.
£hapte£ ll..t2§. State !Qll Brid~2..c. !ynn~1§
Sl!Q fertl~.:.
47,56.050
47.56.180
47.56.254
47.56.255
47.56.370
47.56.371
47.56.372
47.56.720
Purchase of bridges and ferries
authorized--Provisions
applicable.
Toll bridges--Payments made by
warrants on vouchers--Interest
on deposits.
sale of unne€ded property--Authorized--Rules.
sale of unneeded property--Certification to governor--Execution, delivery of deed.
Longview bridge--Agreements
with Oregon.
Longview bridge to become toll
free--Maintenance of Washington
portion and approaches.
Longview bridge to become toll
free-Maintenance of portion
lying within boundaries of
Oregon.
Puget Island-Westport ferry-Payments for operation and
maintenance to Wahkiakum
county.
£hapt~ ~hl§
Exi§S:iM
Bridg~
47.58.040
£ha.E:t~
RQ~.t ~Q.!!l!sl
Brigg~ ~ystgj!!.:.
47.60.130
llt.:.
Fe£.u and !Qli
!1sil~ ].!!!E.l~ug,g fommissiofu
Unemployment compensation.
Chapter 47.01
HIGHWAY COMMISSION
47.01.140
o,. 160
£2MM1~llQH=sP,g;.II!f
COMMISSION'S REPORT TO
LEG-
JStATURE.:. [19~13~~.01.140.--Prlor:
1951 c 247 § 14.
Formerly RCW 43.27.190.)
Repealed by 1973 2nd ex.s. c 12 § 8.
[
121] f
on
EQn.R~
106
§
The state highway commission shall
have the power and i t shall be its duty:
(1)
To conduct, control and supervise
the state department of highways, and to
designate and establish such department of
highway district or branch offices as may
be necessary and convenient, and, subject
to the provisions of chaptet 41.06 RCW, to
appoint and employ and to determine the
powers and duties together with the salaries and other expenses of such engineering, clerical, mechanical, and any and all
other assistants as may be necessary or
convenient in the exercise of the powers
and in the discharge of its duties as the
state highway commission: PROVIDED, That
the highway commission may delegate to the
director of highways the authority to
employ, appoint, discipline, or discharge
employees of the department of highways:
PROVIDED FURTHER, That the director may
delegate, by order, this authority to his
subordinates as he deems appropriate, but
the director shall be responsible for the
official acts of such subordinates.
(2)
To keep at the office of the commission in the highway building at the
state capitol a record of all proceedings
and orders pertaining to the matters under
its direction and copies of all maps,
plans and specifications prepared by it,
and to prepare and submit ~o the governor
thirty days before each regular session of
!slslllion.s1
Revenue bonds authorized--Issuance--conditions--Negotiability~Interim bonds.
Unit or combined operation-Continuous project--Rental,
charter, lease, of system property--Sale of unneeded
property.
4 7&
47.64.050
47.
]liQ11ER,!!.@ 1!~ ,AMEJm].Q ~.!
Revenue bonds--Form-Sale-Interim bonds-Deposit of
proceeds.
4 7. 6Q
47.60.060
ch.a~.ti
.sm'!
cross Reference:
Commission's report to legislature
highway needs:
RCW 47.01.220.
474
]
HIGHWAY COMMISSION
47.01.160
-----------------------------------------------~--------------------------------------
the legislature of the state of Washington
a report of work constructed or under
construction and to make recommendations
as to needed state highways and improvements of the state highway system, together with estimated cost thereof.
(3) To acquire property as authorized
by law and to construct and maintain
thereon any buildings or structures necessary and convenient for the exercise of
the powers and the discharge of the duties
of the commission and to construct and
maintain any buildings or structures and
appbrtenances and facilities necessary or
convenient to the health and safety and
for the accommodation of persons traveling
upon the state highways.
(4)
To employ such qualified engineers
who shall be registered professional engineers under the laws of the state of
washington,
assistants and such
other
services and to provide such superintendents of construction,
repair or maintenance work on any state highways as may be
necessary to accomplish the completion
thereof,
and the expense so incurred
together with the cost of any right of way
necessary therefor,
or land incidental
thereto, shall be charged against the
funds appropriated for the construction,
repair or maintenance of state highways.
(5)
To exercise all the powers and
perform all the duties necessary, convenient, or incidental to the laying out,
locating, relocating,
surveying,
constructing, alt€ring, repairing, im~roving,
and maintaining of any state highway,
and
of any bridges, culverts and embankments
necessary or important therefor or for the
protection or preservation thereof, and
channel changes therefor and to examine
and allow or disallow bills for any work
done or materials furnished and to certify
all claims allowed to the state treasurer.
(6) To publish biennially and before
the end of each even numbered year a
report of the commission with such cumulative information as may be deemed important and such recommendations as may be
deemed desirable for the future operation
of the commission.
(7)
To collect and compil~ and to publish, if it is deemed advisable,
statistics
relative
to
public
highways
throughout the state;
to collect such
information in regard thereto as is deemed
expedient; to investigate and determine
upon various methods of highway construction adaptable to different sections of
the state; to investigate and determine
the best methods of construction
and
maintenance
of
highways,
roads
and
bridges; to gather and compile such other
information relating thereto as shall be
deemed appropriate, and to employ highway
funds for the purpose of constructing test
roads within the state of Washington and
conducting
investigations and research
thereof in the state of Washington or
elsewhere; to conduct on any highways,
roads, or streets of this state, physical,
traffic or other nature of inventory or
1973 RCW SUPP.
[ 475
survey considered of value in determining
highway, road or street uses and needs.
(8)
To exercise all powers and to perform all duties by any law granted to or
imposed upon the state highway board,
the
state highway commission, the state highway committee, the director of public
works by and through the division of
highways, the supervisor of highways,
and
the state highway engineer.
(9)
To exercise all other powers and
perform all oth~r duties now or hereafter
provided by law.
[1973 c 106 § 21;
1971
ex.s. c
115 § 1; 1965 ex.s. c 170 § 29;
1961 c 13 § 47.01.160. Prior:
1937 c 53 §
3; RRS § 6400-3.
Formerly RCW 43.27.020.]
~~Yi§g~ nQte~
RCW
47.01.160
was
amended during the 1973 regular session
and also during the 1973 second extraordinary session of the legislature,
each
without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
47.01.160
COMMISSION--SPECIFIC RQli~~2
ENU,t1ERATEQ il~ ,AMENDED ~! 1973-~MQ ~!~.:. ~
Jl § ~L.:.
The state highway commission
shall have the power and it shall be its
duty:
(1)
To conduct, control and supervise
the state department of highways, and to
designate and establish such department of
highway district or branch offices as may
be nec9ssary and convenient, and,
subject
to the provisions of chapter 41.06 RCW, to
appoint and employ and to determine the
powers and duties together with the salaries and other expenses of such engineering, clerical, mechanical, and any and all
other assis~ants as may be necessary or
convenient in the exercise of the powers
and in the discharge of its duties as the
state highway commission: PROVIDED, That
the highway commission may delegate to the
director of highways the authority to
employ, appoint, discipline, or discharge
employees of the department of highways:
PROVIDED FURTHER, That the director may
delegate, by order, this authority to his
subordinates as he deems appropriate,
but
the director shall be responsible for the
official acts of such subordinates.
(2)
To keep at the office of the commission in the highway building at the
state capitol a record of all proceedings
and orders pertaining to the matters under
its direction and copies of all maps,
plans and specifications prepared by it.
(3)
To acquire property as authorized
by law and to construct and maintain
thereon any buildings or structures necessary and convenient for the exercise of
the powers and the discharge of the duties
of the commission and to construct and
maintain any buildings or structures and
appurtenances and facilities necessary or
convenient to the health and safety and
for the accommodation of persons traveling
upon the state highways.
]
47.01.160
PUBLIC HIGHWAYS
--------------------------------------------------------------------------------------(4)
To employ such qualified engineers
who shall be registered professional engineers under the laws of the state of
washington,
assistants and such other
services and to provide such superintendents of construction, repair or maintenance work on any state highways as may be
necessary to accomplish the completion
thereof, and the expense so
incurred
together with the cost of any right of way
necessary therefor, or land incidental
thereto, shall be charged against the
funds appropriated for the construction,
repair or maintenance of state highways.
(5)
To exercise all the powers and
perform all the duties necessary, convenient, or incidental to the laying out,
locating,
relocating,
surveying, constructing, altering, repairing, improving,
and maintaining of any state highway, and
of any bridges, culverts and embankments
necessary or important therefor or for the
protection or preservation thereof, and
channel changes therefor and to examine
and allow or disallow bills for any work
done or materials furnished and to certify
all claims allowed to the state auditor.
(6)
To collect and compile and to publish, if it is deemed advisable, statistics
relative
to
public
highways
throughout the state; to collect such
information in regard thereto as is deemed
expedient; to investigate and determine
upon various methods of highway construction adaptable to different sections of
the state;
to investigate and determine
the best methods of construction
and
maintenance
of
highways,
roads
and
bridges; to gather and compile such other
information relating thereto as shall be
deemed appropriate, and to employ highway
funds for the purpose of constructing test
roads within the state of Washington and
conducting
investigations and research
thereof in the state of Washington or
elsewhere; to conduct on any highways,
roads, or streets of this state, physical,
traffic or other nature of inventory or
survey considered of value in determining
highway, road or street uses and needs.
(7)
To exercise all powers and to perform all duties by any law granted to or
imposed upon the state highway board, the
state highway commission, the state highway committee, the director of public
works by and through the division of
highways, the supervisor of highways, and
the state highway engineer.
(8)
To exercise all other powers and
perform all ether duties now or hereafter
provided by law. [1973 2nd ex.s. c
12 §
2;
1971 ex.s. c 115 § 1; 1965 ex.s. c 170
§ 29; 1961 c 13 § 47.01.160.
Prior:
1937
c 53 § 3;
RRS § 6400-3. Formerly RCW
43.27.020.]
Reviser!§ Q~
amended during the
RCW
1973
47.01.160
was
regular session
and also during the 1973 second extraordinary session of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
47.01.220
COM!HSSIQli=:REPORT !Q 1~!~:
LA!QRE Q.li !!JGHWAX NEll~ !!!]QUG!! 1EGllt!:
.ll!E TRAillQ.!iiA!lQ!! ~lilli.U AND SENATE
Ali~ nousE I.RA!SPQgiA!l~ !HQ--UTILITIES
C01111!ITE~~
The state highway commission
shall report to the legislature through
the legislative transportation committee
and senate and house transportation and
utilities committees on the highway needs
of the state. [ 1973 2nd ex. s. c 12 § 3;
1961 c 13 § 47.01.220.
Prior: 1957 c 172
§ 30.
Formerly RCW 43.27.192.]
-------
cross Reference:
Commission's report to legislature
governor: RCW 47.01.141.
and
Chapt~r 47.04
GENERAL PROVISIONS
47.04.080
ST~!~
~A!
~Q~]EA!E
HITti
OTB]] GOYE.!i.!i11E~!~ ~NQ A2EN£IE~~ The highway commission is empowered to join financially or otherwise with any other state
or any county, city, or town of any other
state, or with any foreign country, or any
province or district of any foreign country, or with the federal government or any
agency thereof, or with any or all thereof, for the erecting, constructing, opera·
ting, or maintaining of
any
bridge,
trestle, or any other structure, for the
continuation or connection of any state
highway across any stream, body of water,
gulch, navigable water, swamp, or other
topographical formation requiring any such
structure and forming a boundary between
the state of washington and any other
state or foreign country, and for the
purchase or condemnation of right of way
therefor. (1973 1st ex.s. c 151 § 11;
1961 c 13 § 47.04.080. Prior: 1937 c 53
§ 47 1/2; RRS § 6400-47 1/2.]
47.04. 100
TEMPORARY: ROUTE PENDING CONSTBQCTION Ql EEW--HIQHWAI--~TR~i!§:--ROA2§
NOT TO BE MAINTAINED AS.
Unless otherwise
provided; whenever by-statute a new highway or extension is added to the state
highway system, no existing city street or
county road shall be maintained or improved by the state highway commission as
a temporary route of such new highway or
extension pending the construction of the
new highway or extension on the location
adopted by the state highway commission.
[1973 1st ex.s. c 151 § 12; 1965 ex.s. c
17 0 § 34. ]
( 476 ]
PRIORITY PROGRAMMING FOR HIGHWAY DEVELOPMENT
47.05.050
--------------------------------------------------------------------------------------chapter 47.05
PRIORITY PROGRAMMING FOR HIGHWAY
DEVELOPMENT
1QEQ
BAHQ] PLAN IQR l~ERO!~=
The state
highway commission shall adopt and periodically revise after consultation with th€
legislative transportation committee and
senate and house transportation and utilities committees a long range plan for
highway improvements,
specifying highway
planning objectives to be accomplished
within a fourteen year advance planning
period,
and within the framework of revenue estimates for such period.
The plan
shall be based upon the construction needs
for state highways as determined
and
segregated according to functional class
by the highway commission from time to
47.05.030
n!N!a==Q]~]~!IVES--RS1QS!!1]2~
time.
with such reasonable deviations as may
be required to effectively utilize the
available funds and to adjust to unanticipated delays in programmed projects, the
highway commission shall allocate
the
estimated available funds, so as to carry
out such rates of completion within a
fourteen year advance planning period on
that part of the national system
of
interstate and defense highways on which
the federal government participates financially at the interstate rate under federal law and regulations, on the parts of
the national system of interstate and
defense highways on which federal aid
participation is less than the regular
interstate rate under federal law and
regulations;
and on the remaining four
functional classes as the highway commission, acting pursuant to reasonable rules
and regulations adopted by the commission,
shall determine to be necessary in order
to maintain a balanced development of the
state's highway system, considering primarily the following factors:
(a)
The relative remaining needs of
each functional class of highways;
(b)
The estimated available funds;
(c)
Continuity of future developments
with those previously programmed; and
(d) Graduation of rates of completion
according to functional class importance.
[ 1973 2nd ex.s. c 12 § 4; 1969 ex.s. c 39
§ 3;
1965 ex. s. c 170 § 33; 1963 c 173 §
3. ]
47.05.040
SIX YEAR COMPREHENSIVE HIGHCON2I].l!~Tioji -PROSJRA:H-AND--FINANC!!b
gbAN--ADQf%1QH=-B!~NNI!1
REV!2!QN--!gf0R=
IIONMENI~
Prior to October 1 of each
even-numbered year, the state
high~ay
commission
shall adopt and thereafter
shall biennially revise after consultation
with the legislative transportation committee and senate and house transportation
and utilities committees a comprehensive
six-year program and financial plan for
highway
construction,
maintenance,
and
!!ll
1973 RCW SIJPP.
[ 477
planning activities.
The highway construction program for the ensuing six
years shall apply to each of the five
functional classes of state highways that
percentage of the ~stimated
available
construction funds as will be necessary to
accomplish the commission's long range
plan for highway improvements.
The commission shall apportion the
av~ilable
construction funds, according to functional class, among the several highway districts
in
the
proportion
that the
estimated remaining needs for each functional class of highway within each highway district bears to the total estimated
needs for each functional class remaining
unsatisfied throughout the state.
[1973
2nd ex.s.
c 12 § 5; 1969 ex.s. c 39 § 4;
1963 c 173 § 4 0]
47.05.050
SI~ YEAR ~QnRR~fiENSIY~ HIGH=
W·A.I ~ONSTRQ~I!Q!i
PROGRAJl=-COMfQ2UION _
CR!I]RIA !Q!i SELECTION OF fROJECI,L-::RE.Y!=
SIQ!i==.§ll!fNI!1 ~XTENSION~
The six year
comprehensive highway construction program
shall contain a priority
construction
program
for each functional class of
highways, including the national system of
interstate and defense highways, within
the budget limits established for each
class.
Selection of specific projects for
the six year program shall be based on the
rating of each highway section proposed to
be improved or constructed in relation to
other highway sections within the same
functional class within the respective
highway district, taking into account the
following:
(1)
Its structural ability to carry
loads imposed upoc it;
(2)
Its capacity to move traffic at
reasonable
speeds
without
undue
congestion;
(3)
Its adequacy of alignment and related geometries;
(4) Its accident experience;
(5)
Its fatal accident experience;
(6)
In the case of designated but unconstructed highways, its economic importance measured by a cost-benefit analysis,
the effect on the state's economy and
benefit
to
the
geographical
area
concerned.
The commission in selecting any project
for improvement or construction may depart
from the priority of projects so established
(a)
to the extent that otherwise
funds cannot be utilized feasibly within
the budget,
(b)
as may be required by a
court judgment or legally binding agree•
ment,
(c)
to take advantage of some
substantial financial benefit that may be
available, or (d) for continuity of route
development.
The commission shall identi~
fy in its summary of the six-year construction program the extent to which the
commission has departed from the established priority of projects.
The six year construction program shall
be revised biennially in accordance with
revisions in functional classification or
]
47.05.050
PUBLIC
HIGHWAYS
-~-------------------------------------------------------------------------------------
priority ratings within each functional
class resulting from changed conditions.
The program shall be extended for an
additional two years, to six years in the
future, on July 1st of each odd-numbered
year.
[ 1973 2nd ex.s. c 12 § 6; 1969
ex.s. c 39 § 5; 1963 c 173 § 5.]
the county road construction, alteration,
repair or improvement to be performed in
such county and the same is found to
conform in all respects to the requirements necessary for the use of such funds
of the federal government. [1973 c 106 §
22; 1961 c 13 § 47.08.080.
Prior: 1937 c
187 § 59; RRS § 6450-59.)
,!!HEN ~~.§19] la !!!
§IB]ET InPRQY]~~!!~~
In
the event that any funds should become
available from the federal government or
otherwise for expenditure in conjunction
with funds accruing to any incorporated
city or town for the construction, alteration, repair or improvement of its city
streets designated as forming a part of
the route of any state highway through
such incorporated city or town and the
same is to be performed by the highway
commission, the state treasurer shall,
upon notice from the highway commission
thereof, set aside from any moneys in the
motor vehicle fund credited to such incorporated city or town, the cost thereof or
so much money in the state treasury to the
credit of such incorporated city or tovn
as may be necessary in con junction with
such funds from the federal government or
otherwise to accomplish such work, the
same to be paid by the state auditor from
the money so set aside upon vouchers
approved and submitted by the highway
commission in the same manner as payment
is made for work on state highways. In
the event that any such incorporated city
or town shall have agreed with the state
of Washington or the federal government as
a condition precedent to the acquiring of
federal funds for construction on any city
street of such incorporated city or town
designated as forming a part of the route
of any state highways, that the same will
be maintained to a standard and such
incorporated city or town fails to so
maintain such city street, then the highway commission may perform such maintenance and the state auditor is authorized
to deduct the cost thereof from any funds
credited or to be credited to such incorporated city or town and pay the same on
vouchers approved and submitted by th9
highway commission in the same manner as
payment is made for work performed on
state highways. [ 1973 c 106 § 23; 1961 c
13 § 47.08.090. Prior: 1937 c 187 § 65;
RRS § 6450-65.J
47. 08.090
FUNDS
£tl!BGE OF £l!I
47.05.070
BUDGET RECOMMENDATION TO BE
fRESENTED !Q GOVERNOR-AND-1.~GI~LA~UR~-=
~ONTE~~
The state highway comm~ss~on
shall prepare and present to the governor
and to the legislature at the time of its
convening, a recommended budget for the
ensuing biennium. The biennial
budget
shall include details of proposed expenditures, performance and public
service
criteria for construction, maintenance,
and planning activities in consonance with
the six-year comprehensive program and
financial plan adopted under provisions of
RCW 47.05.040. [1973 2nd ex.s. c 12 § 7;
, 96.3 c 17 3 § 7 • ]
47.05.080
BIENNIA1.
REPORT TO JOI]l
.Q1f 1!l.ill! W
A.!2~
( 1 9 6 9 eX , S , c 3 9 §
6;
1963 c 173 § 8.1 Repealed by 1973 2nd
ex.s. c 12 § 8.
~.ill!.Hli!ll
Chapter 4 7. 08
HIGHWAY FUNDS
47.08.080
FUN]§ ]~!H COMM~!Q! !a J]
QI £QYNTY ~Q!~ l~PRQ!~~]l~~
In
the event that any funds should become
available from the federal government, or
otherwise, for expenditure in conjunction
with county funds, for the construction,
alteration, repair or improvement of any
county road of any county and the same is
to be performed by the highway commission,
the state treasurer shall, upon notice
from the highway commission thereof, set
aside from any moneys in the motor vehicle
fund credited to any such county, the cost
thereof, together with the cost of engineering, supervision, and other proper
items, or so much of the money in the
state treasury to the credit of such
county as may be necessary for use in
conjunction with funds from the federal
government to accomplish such work, the
same
to be performed by the highway
commission and paid from the money so set
aside upon vouchers approved and submitted
by the highway commission in the same
manner as payment is made for such work on
state highways: PROVIDED, That the board
of county commissioners of any such county
shall have, hy proper resolution, filed in
duplicate in the office of the highway
commission and approved by it, determined
~HA~§~
[
47.08,100
CI!X
ROAD
lb1~~!1 Q~~ Ql ~QQ!!I QS
FUNDs--PROCEDURE TO
CORREC!~
The highway coiiission i;-authorized~om
time to time to inves~igate expenditures
from the county road fund and the city
street fund; and if it determines that
unauthorized, illegal or wrongful expenditures are being or have been made from
said fund it is authorized to proceed as
follows:
If the county road fund is
involved it shall notify in writing the
4 78
]
ACQUISITION AND DISPOSITION OF STATE PROPERTY
47.12.280
--------------------------------~---------------------------------
board of county commissioners and the
county treasurer of its determination; and
if the city street fund is involved it
shall notify the city council or commission and the mayor and city treasurer of
the city or town of its determination. In
its determination the highway commission
is authorized to demand of said officials
that the wrongful or illegal expenditures
shall be stopped, adjusted, or remedied
and that restitution of any wrongful or
illegal diversion or use shall be made;
and it may notify said officials that if
the wrong is not stopped, remedied, or
adjusted, or restitution made to
its
satisfaction within a specified period
fixed by it, it will direct the withholding of further payments to the county or
city from the motor vehicle fund.
The
county or city shall have ten days after
such notice is given within which to
correct or remedy the wrong, or wrongful
and illegal practices, to make restitution
or to adjust the matter to the satisfaction of the highway commission.
If no correction, remedy, adjustment or
restitution is made within said ten days
to the satisfaction of the commission it
shall have power to request in writing
that the state treasurer withhold further
payments from the motor vehicle fund to
such county or city; and it shall be the
duty of the state treasurer upon being so
notified to withheld further payments from
the motor vehicle fund to the county or
city involved until such officials are
notified in writing by the commission that
payments may be resumed.
The commission is also authorized to
notify in writing the prosecuting attorney
of the county in which such violation
occurs of the facts, and it shall be the
duty of the prosecuting attorney to file
charges and to criminally prosecute any
and all persons guilty of any such violation.
( 1973 c 106 § 24;
1961 c 13 §
47.08.100. Prior: 1943 c 82 § 13, part;
1937 c 187 § 66, part; Rem. Supp. 1943 §
6450-66, part. ]
Chapter 47.12
ACQUISITION AND DISPOSITION OF STATE HIGHWAY PROPERTY
47.12.090
~ALJ Qf ~£!~
liiQli]AY LA]Q
!!§]~
I~
AQ~NIST!AIJVE
PUli£Q2ES AUTliQ=
RIZ]~~
[1961 c 13 § 47.12.090.
Prior:
1937 c 185 § 1; RRS § 6400-111.]
by 1973 1st ex.s. c 177 § 8.
Repealed
~LE
Ql ~I!It fiiQHWAX LA]Q
AQI'IINISTR!IIVE £Q,fQ32 !UTHO=
l!llE~=!!t!!~ION
ill ACC];PT!]£]; Ql 12~
GOVERNO.B!.~
!PPRO.lll ll!Ql!E
,ACCEP,I!]Q;~
(1961 c 13 § 47.12.100. Prior: 1937 c
Repealed by
185 § 2; RRS § 6400-112. ]
1973 1st ex.s. c 177 § 8.
47.12.100
Q.§l;Q
lQ.B
197 3 RCW SUPP.
47.12.105
2!1E Ql 2IAT] tl!Qli]AY 1AliQ
Q2l!Q FOR A!U!Ili12TRATI!]; !:,URPOSt2 !UT!!Q::
RI~];.J2=-CQ]VEYANCb_
( 1961 c 13 § 47.12.105. Prior: 1937 c 185 § 3; RRS § 6400113.] Repealed by 1973 1st ex.s. c 177 9
8.
47.12.110
SA1t Q! 2!AT] tli2fi~AY LA]Q
US£!Q FOli !Q11INISTR!!I!.] !:,URPOSE2 !UTHO=
RIZED--DISPOSITION OF PROCEEDS.
[1961 c
u-§--47:-12:-110:- P'rior:-,-m c 1ss § 4.
RRS § 6400-114.]
Repealed by 1973 1st
ex. s. c 177 § 8.
47.12.270
ACQ!!ISITIQ] QK £ROPERTY KQ!
PABKI]Q l!£ILITIE2 fOR 11QTOSI2I2 ~Q
!l.li12!li PU12LIC IRANS£QRTATIO!i f!CI1II!t2 Q.E
PRIVATE CAR POOL VEHICLES.
The state
highway commission may-acquire real property or interests in real property by
gift, purchase, lease, or condemnation and
may construct and maintain ther~on fringe
and transportation corridor parking facilities to serve motorists transferring to
or from urban public transportation vehicles or private car pool vehicles. The
state highway commission may obtain and
exercise
options for the purchase of
property to be used for purposes described
in this section. The state highway commission shall not expend any funds for
acquisition or construction costs of any
parking facility to be operated as a part
of a transit system by a metropolitan
municipal corporation unless such facility
has been approved by the state highway
commission in advance of its acquisition
or construction.
(1973 2nd ex.s. c 18 §
1• ]
47.12.280
~!1t
OF RE]k £]Q£E]Il--A!!=
THORIZED---PROCEDURE--DISPOSITION OF PROCEjQS.--~---real--pi:operty
(including
lands, improvements thereon, and any inter€sts or estates) held by the department
of highways other than that acquired under
RCW 47.12.020 may be sold in accordance
with the following procedure:
(1) Detarmination that the real property
is unnecessary for the purposes of the
department of highways;
(2) Determination of the fair market
value of the real property;
(3) Offering of the real property
for
sale
by auction after notice to the
general public of the proposed auction
sale in the following manner: By notice
of the proposed sale published in
a
display advertisement of no less than two
column by two inch or one column by four
inch size in any daily or weekly legal
newspaper of general circulation published
in the county in which the real property
to be sold is situated.
This advertisement shall appear in the legal notices
section and the real estate classified
section.
This publication shall appear
for a period of not less than four weeks
prior to the proposed sale and the notice
[ 479 1
47.12.280
PUBLIC HIGHWAYS
--------------------------------------------------------------------------------------shall particularly describe the property
to be sold and the time and place of the
proposed sale: PROVIDED, That if there is
no
legal newspaper published in this
county, then such notice shall be published in the legal newspaper published in
this state nearest to the place of sale.
(4) Offering of the real property for
sale by advertisement and negotiation if
the real property was offered, but not
sold at auction.
No real property shall be sold for less
than the fair market value at the time of
the auction if sold at auction or the fair
market value at the date of the agreement
to sell if sold by advertisement a~d
negotiation.
Any offer to purchase real
property may be rejected at any time prior
to written acceptance of the offer by the
depart~ent of highways and approval of the
terms of the t~ansaction by the highway
commission.
The highway commission shall approve the
terms of each sale, either individually or
by general rule, so that payment is made
or safely secured to the state.
The
highway commission may adopt rules further
implementing this section.
All funds received under this section
shall be forwarded to the state treasurer
and by him credited to the motor vehicle
fund.
( 1973 1st ex.s. c 177 § 1.]
and such other advertisement as the commission
shall deem advisable, setting
forth the legal description of the property,
the commonly known address, the name
of the purchaser, the purchase price, the
name of the agent, attorney, or real
estate broker handling the transaction
the terms of the sale including the pric~
and interest rate on any deferred payments,
in
three consecutive editions
thereof. Any individual may within thirty
days after the first publication of such
advertisement offer subject to the same
terms or conditions a purchase price of
ten percent more than the offer advertised
and the commission shall make such sale to
the second purchaser. [ 1973 1st ex.s. c
177§6.]
47.12.290
SAL~ OF R~1
fROPERTY=-CER~
TIF.l9IIQ] !Q QQVERN2.H=:l:XECUTIOl!.&. .QELll=
~EX QI DE~.Q~
When full payment for real
property agreed to be sold as authorized
by RCW 47.12.280 has been received the
direct.or of the department of highways
shall certify this fact to the governor
with a description of the land and the
terms of the sale and the governor may
execute and the secretary of state shall
attest the deed and deliver it to the
grantee. ( 1973 1st ex. s. c 177 § 2.]
47.17.065
~AT] BQQI~ ]Q~ 12~
A state
highway to be known as state route number
16 is established as follows:
Beginning at a junction with state route
number 5 at Tacoma, thence northwesterly
by way of the Tacoma Narrows Bridge and a
junction with state route number 160 in
the vicinity west of Port Orchard to a
junction with state route number 3 in the
vicinity of Bremerton. ( 1973 1st ex.s. c
151 § 1; 1970 ex.s. c 51 § 14.]
47.12.300
IOLb
~!]~
See RCW
Qt
QliliEEDE.Q PRQPERTY--
AU!HQ~1!1
AQ!flORIZED--~~~
~
47.56.25~.
47.12.302
lOLL
~J.Q~
Qf UN.IaEDED gRoPERTY.
4 7. 12. 3 10
VERTI~JUii
~All
OF
see
AUTHORITY--SALE
Bc'i47:6o: 13o:-
Mll
fl!.QE.]ll~~
47.12.320
.§.ALE Ql f]QfERTY--LISTIB§ Q!
AVAILABLE PROPERTIES WITH BROKER AUTHORIZED:--The~ighway commission--may list
any available properties with any licensed
real estate broker at a commission rate
otherwise charged in the geographic area
for such services. [1973 1st ex.s. c 177
§ 7.]
Chapter 47.17
STATE HIGHWAY ROUTES
47.17.080
STAT] ]QQ!~ ]Q~ 20. A state
highway to be known as state route number
20 is established as follows:
Beginning at a junction with state route
number 101 in the vicinity of Discovery
Bay, thence northeasterly via the most
feasible route to Port Townsend; also
From the Keystone ferry dock on Whidbey
Island, thence northeasterly by the most
feasible route by way of Deception Pass,
Burlington,
Sedro
Woolley,
Concrete,
Newhalem,
Winthrop,
Twisp,
Okanogan,
Tonasket,
Republic,
Kettle
Falls,
Colville, and Tiger; thence southerly and
southeasterly to a junction with state
route number 2 at Newport.
(1973 1st
ex.s. c 151 § 13; 1970 ex.s. c 51§ 17.]
OF .§.]!il :llll.§. REQ!!I!!.~ illOR~
SAL]; BECO~ FirfAL--.§.!LE
CHASE~
j]]]~
Before
TO ~.Qlill RQ]~
any such sale involving a sum in excess of ten thousand
dollars shall be final, the commission
shall cause to be repo~ted in a legal
newspaper of the county in which the
property is located a legal advertisement,
[ 480
47.17.081
STA'rE ROUTE NO. 20 !ORI!h A
state highway--to-be-known-as state route
number 20 north is established as follows:
Beginning at Anacort~s, thence easte~ly
via the most feasible route to a junct~on
]
STATE HIGHWAY ROUTES
47.17.382
--------------------------------------------------------------------------------------with state route number 20 southeast of
Anacortes. [ 1973 1st ex.s. c 151 § 17.]
47.17,125
STATE ROUTE NO. 1Q~
(1970
ex.s. c 51 §~6:]--Repealed by 1973 1st
ex.s. c 151 § 20.
47,17.130
~!ATE RQYTE NO£ J~
A state
highway to be known as state route number
~1 is established as follows:
Beginning at a junction with state route
number 20 at Tiger, thence northerly by
way of Metaline Falls to the international
boundary. [ 1973 1st ex.s. c 151 § 14;
1970 ex.s. c 51 § 27.]
47.17.155
~TE RQQTE NO. 97.
A state
highway to be known as state route number
97 is established as follows:
Beginning at
the
washington-oregon
boundary on the interstate bridge across
the columbia river at Biggs Rapids, thence
in a northerly direction to the junction
with state route number 14 in the vicinity
of Maryhill, thence in a northerly direction by way of Goldendale, thence northeasterly by way of Satus Pass to
a
junction with state route number 22 at
Toppenish, thence northwesterly south of
the Yakima river to a junction with state
route number 82 at Union Gap; also
Beginning at a junction with state route
number 90 in the vicinity east of Cle
Elum, thence northeasterly by the most
feasible route by way of Blewett Pass to a
junction with state route number 2 in the
vicinity of Peshastin; also
Beginning at a junction with state route
number 2 in the
vicinity
north
of
Wenatchee, thence northerly by the most
feasible route by way of the vicinities of
Chelan, Pateros, Brewster, Okanogan, and
orovill~
to the international boundary
line:
PROVIDED, That until such times as
the watergrade route between Chelan Station and Azwell, as designated by the
highway commission, is constructed and
opened to traffic the existing route on
the west side of the Columbia river shall
remain the traveled way of state route
number 97. ( 1973 1st ex.s. c 151 § 2;
1970 ex.s. c 51 § 32.]
47.17.195
STATE RQQI~ li~ 108~
A
state highway~o-be known as state route
number 108 is established as follows:
Beginning at a junction with state route
number 8 in the vicinity west of McCleary,
thence northeasterly to a junction with
state route number 101 south of Shelton.
(1973 1st ex.s. c 151 § 3; 1970 ex.s. c 51
§ 4 0. ]
1973 RCW SUPP.
[ 481
47.17.217
STATE RQYTE ]Q~ 112~
A
state highway--to-be known as state route
number 115 is established as follows:
Beginning at Ocean Shores thence in an
easterly and northerly direction by the
most feasible route to a junction with
state route number 109 in the vicinity
south of Ocean City. (1973 c 60 § 1.]
47.17.220
STA!~
ROQ~ li£L 11J~
[1970
ex.s. c 51 § 45.] Repealed by 1973 1st
ex.s. c 151 § 20.
47.17.235
STATE RQgTE NO~ 12~~
A
state highway--tO-be known as state route
number 124 is established as follows:
Beginning at a junction with state route
number 12 in the vicinity of Burbank,
thence northeasterly by the most feasible
route to a point in the vicinity of
E-ureka, thence easterly by the most feasible route to a junction with state route
number 125 in the vicinity of Prescott,
thence easterly to a junction with state
route number 12 in the vicinity northeast
of Waitsburg.
That portion of state route number 124
lying between the junction with state
route number 12 and the county road to Ice
Harbor Dam to be known as "Ice Harbor
Drive".
[1973 1st ex.s. c 151 § 4; 1970
ex • s • c 51 § 4 8. ]
47.17.281
ST!I~
ROQI~
liQ~
143.
A
state highway to be known as state route
number 143 is established as follows:
Beginning at
the
washington-oregon
boundary on the interstate bridge across
the Columbia river in the vicinity of
McNary Dam, thence northerly by the most
feasible route to a junction with state
route number 14 in the vicinity of Plymouth:
PROVIDED, That this section shall
not become effective until tolls are no
longer charged on this bridge and until
the highway commission has entered into an
agreement with the state of Oregon or a
political subdivision or municipal corporation of the state of Oregon or an
instrumentality thereof providing for the
maintenance and operation of this bridge.
[1973 1st ex.s. c 151 § 5.]
47.17.382
STAI~
ROUTE liQ~ 197.
A
state highway to be known as state route
number 197 is established as follows:
Beginning at
the
washington-Oregon
boundary on the interstate bridge ac~oss
the Columbia river in the vicinity of The
Dalles, thence northerly by the
most
feasible route to a junction with state
route number 14:
PROVIDED, That this
section shall not become effective until
tolls are no longer charged on this bridge
and
until the highway commission has
entered into an agreement with the state
of Oregon or a political subdivision or
municipal corporation of the state of
]
47.17.382
PUBLIC HIGHWAYS
----------------------------------------------------- ------------------------------Oregan or ~n instrumentality thereof providing for the maintenance and operation
of this bridge. [1973 1st ex.s. c 151 §
6.
J
47.17.417
~
ROYI~ !~
ll~
A
state highway to be known as state route
number 213 is established as follows:
Beginning at a junction with state route
number 97 in the vicinity of Malott,
thence northeasterly to a junction with
state
route
number
20 southwest of
Okanogan: PROVIDED, That until such time
as this route is actually constructed on
the location adopted by the highway commission, no county roads shall be maintained or
improved
by
the
highway
commission as a temporary route. (1973
1st ex. s • c 151 § 1 8. )
47.17.419
STATE ROQ!~ !~ 215.
A
state highway~-be known as state route
number 215 is established as follows:
Beginning at a junction with state route
number 20 in the vicinity of Okanogan,
thence northeasterly on the west side of
the Okanagan river to a junction with
state route number 97 north of Omak.
( 1973 1st ex.s. c 151 § 19.]
!+7.17.735
STATE £m!ll !~ ~~.L
1
state highway--to-be known as state route
number 525 is established as follows:
Beginning at a junction with state route
number 5 in the vicinity south of Everett
thence northwesterly to Mukilteo; also
'
Beginning at the vicinity of Columbia
Beach in the southern portion of ilhidbey
Island, thence northwesterly to a junction
with state route number 20 in the vicinity
east of Keystone. [ 1973 1st ex.s. c 151 §
15; 1970 ex.s. c 51 § 148.]
47.17. 770
STATE RO!lU NO.L 236.!.
A
state highway--to-be known as state route
number 536 is established as follows:
Beginning at a junction with state route
number 20 at Fredonia, thence easterly to
a junction with state route number 5 at
Mt. Vernon. ( 1973 1st ex.s. c 151 § 16;
1970 ex.s. c 51 § 155.]
47. 17.823
gATE ROQTE NO~ §21.
A
state highway to be known as state route
number 821 is established as follows:
Beginning at a junction with state route
number 82 in the vicinity north of Yakima,
thence northerly to a junction with state
route number 82 south of
Ellensburg.
(1973 1st ex.s. c 151 § 9.]
Chapter 47.24
CITY STREETS AS PART OF STATE HIGHWAYS
47.17.502
STAI~
]QQI] !Q~ 27~~
A
state highway to be known as state route
number 276 is established as follows:
Beginning at a junction with state route
number 195 west of Pullman, thence easterly and southeasterly to a junction with
state route number 270 east of Pullman.
[1973 1st ex.s. c 151 § 7.]
47.17.535
~] ]OUI] ~ ~94~
[1970
ex.s. c 51 § 108.) Repealed by 1973 1st
ex.s. c 151 § 20.
47.17.610
~I]
]QQTE NQ~ ~Q~
A
state highway to be known as state route
number 410 is established as follows:
Beginning at a junction with state route
number 167 at sumner, thence in an easterly direction by way of Buckley, Enumclaw_
and Chinook Pass, to a junction with state
route number 12 northwest of
Yakima:
PROVIDED, That until such time as state
reate number 167 is constructed and opened
to traffic an an anticipated ultimate
alignment from a junction with state route
number 5 near Tacoma easterly to Sumner on
the north side of the Puyallup river, the
public highway between state route number
5 in Tacoma and state route number 161 in
sumner, on the south side of the Puyallup
river, shall remain on the state highway
system.
[ 1973 1st ex.s. c 151 § 8; 1970
ex.s. c 51 § 123.]
[
482
47.24.010
QEgQNATIO!
OF .§%!lUI j~
PA£! Ql !!I§.!!!!X=£.Q!ST,ill!£!1Q.li.c.
M:Aill£!:
BA!~E==!!I!!BB
Ql .§!£~! !Q £1II OR IQ!!.L
The state highway commission shall determine what streets, together with bridges
thereon and wharves necessary for use for
ferriage
of motor vehicle traffic in
connection with such streets, if any, in
any incorporated cities and towns shall
form a part of the route of state highways
and between the first and fifteenth days
of July of any year the state highway
commission shall certify to the clerk of
each city or town, by brief description,
the streets, together with the bridges
thereon and wharves, if any, in such city
or town which are designated as forming a
part of the route of any state highway;
and all such streets, including curbs and
gutters and street intersections and such
bridges and wharves, shall thereafter be a
part of the state highway system and as
such shall be constructed and maintained
by the state highway commission from any
state funds available therefor: PROVIDED,
That the responsibility for the construction and maintenance of any such street
together with its appurtenances may be
returned to a city or a town upon certification by the state highway commission to
the state auditor and to the clerk of any
city or town that such street, or portion
thereof, is no longer required as a part
of the state highway system:
PROVIDED
l
DEVELOPMENT IN UREAN AREAS--URBAN ARTERIALS
47.26.401
--------------------------------------------------------------------------------------FURTHER, That any such certification that
a street, or portion thereof, is no longer
required as a part of the state highway
system shall be made between the first and
fifteenth of July following the determination by the state highway commission that
such street or portion thereof is no
longer required as a part of the state
highway system, but this shall not prevent
the state highway commission and any city
or town from entering into an agreement
that a city or town will accept responsibility for such a street or
portion
thereof at some time other than between
the rirst and fifteenth of July of any
year.
( 1973 c 95 § 3;
1961 c
13 §
47.24.010. Prior: 1959 c 160 § 1; 1957 c
83 § 2;
1955 c 179 § 2; 1949 c 220 § 5,
part; 1945 c 250 § 1, part; 1943 c 82 §
10, part;
1937 c 187 § 61, part; Rem.
supp. 1949 § 6450-61, part.]
Chap-ter 47.26
DEVELOPMENT IN URBAN AREAS--URBAN
ARTERIALS
county or city submitting said proposal
shall submit to the urban arterial board
its voucher for payment of the trust
account share of the cost.
Upon the
completion of an approved urban arterial
construction project, the county or city
constructing the project shall submit to
the urban arterial board its voucher for
the payment of the trust account share of
the cost.
The chairman of the urban
arterial board or his designated agent
shall approve such voucher when proper to
do so, for payment from the urban arterial
trust
account to the county or city
submitting the voucher.
(2) The urban arterial board may adopt
regulations providing for the approval of
payments of funds in the urban arterial
trust account to a county or city for
costs of preliminary proposal, and costs
of construction of an approved project
from time to time as work progresses.
These payments shall at no time exceed the
urban arterial trust account share of the
costs of construction incurred to the date
of the voucher covering such payment.
(1973 1st ex.s. c 126 § 1; 1967 ex.s. c 83
§ 32
0
47.26.042
~PRELIH!N!]!
gRQROSAL~
DE=
IINID!.:. The term "preliminary proposal" as
used in this chapter means the preliminary
engineering, right of way appraisal and
the data collection, analysis and reporting of the environmental impact of a
project. ( 1973 1st ex. s. c 126 § 4.]
11
47.26.043
CONSTRUCTIQ!f f!iQ!l~ DE=
The term "construction project" as
used in this chapter shall mean all work
and necessaries subsequent to the preliminary proposal and through to completion.
(1973 1st ex.s. c 126 § 5.]
£:IN~.!2.:.
47.26.190
!fgORTIQ!f]]NT QK FU!f.Q~ !!
!IiTERI.U ,IRUll .M;m!!!.I AMON,!l !~=
G!ONS-:.!2!1!.:.
Once each calendar quarter,
the urban arterial board shall apportion
funds credited to the urban arterial trust
account, including the proceeds from motor
vehicle fuel tax revenues, bond sales,
anticipatory notes and interfund loans,
which are available for the construction
and improvement of urban arterials among
the five regions defined in RCW 47.26.050
in the manner prescribed in RCW 47.26.060
relating to the apportionment of state
urban funds except calculation of needs
shall be based upon a projection of needs
for the ensuing six year period as determined by the state highway commission.
[1973 1st ex.s. c 126 § 2;
1971 ex.s. c
291 § 3; 1969 ex.s. c 171 § 4; 1967 ex.s.
c 83 § 25 1
URBAJi
0
VOUCHER~
47.26.260
Q~!H AE~!!
Ql
RS~IMI!!]l
~RQJEQ-DIJRING
completion
TRUST
lOR £!I~ENT I]Q~
j&COUNT--£0MPLETIO!f
f~QfQ~!1==fQMPL].I!Q!
Ql
!Q!! f~ESS..:.
(1)
Upon
of a preliminary proposal, the
1973 RCW SIJPP.
]
47.26.400
~SU!!fCE !ND ~!1~ OF Q~!f!Ii!1
OBLIGATION BONDS-AUTHORIZED--AMOUNT~DECÂ
LAiiATION oF PuRPOSi:"rnorder to provide
funds necessary to meet the urgent needs
for highway construction on state highways
within urban areas, there shall be issued
and sold general obligation bonds of the
state of Washington in the sum of two
hundred million dollars or such amount
thereof and at such times as determined to
be necessary by the state highway commission. The amount of such bonds issued and
sold under the provisions of RCW 47.26.400
through 47.26.407 in any biennium shall
not exceed the amount of a
specific
appropriation therefor from the proceeds
of such bonds, for the construction of
state highways in urban areas. The issuance, sale and retirement of said bonds
shall be under the supervision and control
of the state finance committee which, upon
request being made by the state highway
commission, shall provide for the issuance, sale and retirement of coupon or
registered bonds to be dated, issued, and
sold from time to time in such amounts as
shall be requested by the state highway
commission.
(1973 1st ex.s. c 169 § 1;
1967 ex.s. c 83 § 36.]
47.26.401
BONDS--TERM--TERMS AND CONDITIONS--SIGNATURES~EGIS!RATION-=WHERE-Â
PAYABLE--NEGOTIABLE INSTRUMENTS.
Each of
such bondsShall be made --payable at any
time not exceeding thirty years from the
date of its issuance, with such reserved
rights of prior redemption, bearing such
interest, and such terms and conditions,
as the state finance committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the
[ 483 ]
47.26.401
PUBLIC HIGHWAYS
--------------------------------------------------------------------------------------state treasurer 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
attached to such bonds shall be signed by
the same officers whose signatures thereon
may be in printed facsimile.
Any bonds
may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal agency of the state
of Washington in New York City, as to
principal alone, or as to both principal
and interest under such regulations as the
state treasurer may prescribe.
Such bonds
shall be payable at such places as the
state finance committee may provide.
All
bonds issued hereunder shall be fully
negotiable instruments.
(1973 1st ex.s. c
169 § 2; 1967 ex.s. c 83 § 37.]
47.26.404
~ONDS==~!!!g~
~liSCgiBIN~
NATURE OF OBLIGATION--PLEDGE Ql liXCISli
!!xEs~ -sands issuea-unaer-the prov~s~ons
of RCW 47.26.400 through 47.26.407 shall
distinctly state t~at they are a general
obligation of the state of Washington,
shall pledge the full faith and credit of
the state to the payment of the principal
thereof and the interest thereon and shall
contain an unconditional promise to pay
such principal and interest as the same
shall become due.
The principal of and
interest on such bonds shall be first
payable in the
manner provided in RCW
47.26.400 through 47.26.407 from the proceeds of state excise taxes on motor
vehicle fuels imposed by chapter 82.36 RCW
and chapter 82.40 RCW.
The proceeds of
such excise taxes are hereby pledged to
the payment of any bonds and the interest
thereon issued under the provisions of RCW
47.26.400 through 47.26.407, and the legislature hereby agrees to continue to
impose the same excise taxes on motor
vehicle fuels in amount.s sufficient to
pay, when due, the principal and interest
on all bonds issued under the provisions
of RCW 47.26.400 through 47.26.407.
(1973
1st ex.s. c
169 § 3; 1967 ex.s. c 83 §
40.]
47.26.420
ISSUA~~~ !li] ~!1~ QI GEN~]!1
Q]11QATIQ~ ~Q~DS--AUTHQ]l~A~Q]!~~=
1ARAT1Q~
OF RQBgQ~~~ In order to provide
funds necessary to meet the urgent construction needs on county and city arterials within urban areas, there shall be
issued and sold general obligation bonds
of the state of washington in the sum of
two hundred million dollars or such amount
thereof and at such times as determined to
be necessary by the state highway commission. The amount of such bonds issued and
sold under the provisions of RCW 47.26.420
through 47.26.427 in any biennium shall
not
exceed the amount of a specific
appropriation therefor, from the proceeds
of such bonds, for the construction of
county and city arterials in urban areas.
The issuance, sale and retirement of said
(
bonds shall be under the supervision and
control of the state finance committee
which, upon request being made by the
state highway commiss1on, shall provide
for the issuance, sale and retirement of
coupon or registered bonds to be dated,
issued, and sold from time to time in such
amounts as shall be requested by the state
highway commission. (1973 1st ex.s. c 169
§ 4; 1967 ex.s. c 83 § 45.)
47.26.421
BOl!Q~M-J].fin.§.
!.@
~Ql!:
QXTIONS-SJ&!i!!!!RE~QISTRATIO!!=WHER,£;
g!J:!]1.~N];;~Q!il]1£!
INSTRUMENTS.
Each of
such bonds shall be made payable at any
time not exceeding thirty years from the
date of its issuance, with such reserved
rights of prior redemption, bearing such
interest, and such terms and conditions,
as the state finance committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the
state treasurer 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
attached to such bonds shall be signed by
the same officers whose signatures thereon
may be in printed facsimile. Any bends
may be registered in the name of the
holder on prese~tation to the state treasurer or at the fiscal agency of the state
of Washington in New York Ci~y, as to
principal alone, or as to both principal
and interest under such regulations as the
state treasurer may prescribe. such bonds
shall be payable at such places as the
state finance committee may provide.
All
bonds issued hereunder shall be fully
negotiable instruments. (1973 1st ex.s. c
169 § 5; 1967 ex .s. c 83 § 46.]
47.26.424
BONDS--STATEMENT Q~.§.~.fil]ll!Q
.NAI!!RE Q.E Q~LIGATION--PL~~GE OF EXCISE
TAXES.
Bonds issued under the provisions
Of--RCW 47.26.420 through 47.26.427 shall
distinctly state that they are a general
obligation of the state of washington,
shall pledge the full faith and credit of
the state to the payment of the principal
thereof and the interest thereon and shall
contain an unconditional promise to pay
such principal and interest as the same
shall
become due.
The principal and
interest on such bonds shall be first
payable in the manner provided in RCW
47.26.420 through 47.26.427 from the proceeds of state excise taxes on motor
vehicle fuels imposed by chapter 82.36 RCW
and chapter 82.40 RCW. The proceeds of
such excise taxes are hereby pledged to
the payment of any bonds and the interest
thereon issued under the provisions of RCW
47.26.420 through 47.26.427, and the leg·
islature hereby agrees to continue to
impose the same excise taxes on motor
vehicle fuels in amounts sufficient to
pay.
when due, the principal and interest
on all bonds issued under the provisions
of RCW 47.26.420 through 47.26.427- [1973
484
]
CONSTRUCTION AND MAINTENANCE OF HIGHWAYS
47.28.050
--------------------------------------------------------------------------------------1st ex.s. c 169 § 6; 1967
4 9. ]
47.26.450
ex.s.
c
~!!DGET-AllllQ!AL
TRUg FU,B~ Ig !ll!
iRo~~I~
§
INCLQ§IQ! Ql PORTION Ql £Q!=
~TRUC,IIO.N PROSiRAM lOR !EXI ]l~.IDi!Ab
u
83
Ql
UR!lA!
Rlli.Q!?
ARIERIU
~XP!jNDED=!Jml.IJQ!!b
At the time the urban arterial
boa~d reviews the six-year program of each
county and city each even-numbered year,
it shall consider and shall approve for
inclusion in its recommended budget, as
required by RCW 47.26.440, the portion of
the urban arterial construction program
scheduled
to be performed during the
biennial period beginning the following
July 1st.
Subject to the appropriations
actually approv~d by the legislature, the
board shall as soon as feasible approve
urban arterial trust account funds to be
spent during the ensuing biennium for
preliminary proposals in priority sequence
as established pursuant to RCW 47.26.240.
The board shall authorize urban arterial
trust account funds for the construction
project portion of a project previously
authorized for a preliminary proposal in
the sequence in which the preliminary
proposal has been completed and the construction project is to be placed under
contract.
At such time the board may
reserve urban arterial trust account funds
for expenditure in future years as may be
necessary for completion of preliminary
proposals and construction projects to be
commenced in the ensuing biennium.
The urban arterial board may, within the
constraints of available urban arterial
trust funds, consider additional projects
for authorization upon a clear and conclusive
showing by the submitting local
government that the proposed project is of
an emergent nature and that its need was
unable to be anticipated at the time the
six-year program of the local government
was developed.
such proposed projects
shall be evaluated on the basis of the
priority rating factors specified in RCW
47.26.220.
[1973 1st ex.s. c 126 § 3;
1969 ex. s. c 111 § 6. 1
Chapter 47.28
CONSTRUCTION AND MAINTENANCE OF HIGHWAYS
~7.28.030
CONTRACTS--DAY ~OR--MO!£;=
IAR! li.!1ITS-::SMAb1 BU~INESSE~ AND MI!!Q!Uil
CONTRACTORS--RULES
AND REGULATIONS.
A
State highway~hall be-constrUcted, altered, repaired, or improved by contract or
day labor. The work may be done by day
labor when the estimated cost thereof is
less than fifteen thousand dollars:
PROVIDED, When delay of performance of such
work would jeopardize a state highway or
constitute
a danger to the traveling
public, thP. work may be done by day labor
when the estimated cost thereof is less
than twenty-five thousand dollars.
When
the state highway commission determines to
1973 RCW SUPP.
[ 485
do the wo~k by day labor, it shall enter a
resolution upon its records to that effect, stating the reasons therefor.
To
enable a larger number of small businesses
and minority contractors to effectively
compete for highway department contracts,
the state highway commission may adopt
rules and regulations providing for bids
and award of contracts for the performance
of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the
engineer's estimate indicates the cost of
the work would not exceed twenty-five
thousand dollars. The rules and regulations adopted under this section:
(1)
Shall provide for competitive bids
to the extent that competitive sources are
available except when delay of perf~rmance
would
jeopardize life or property or
inconvenience the traveling public; and
(2)
Need not require the furnishing of
a bid deposit nor a performance bond, but
in the event such a performance bond is
not required then progress payments to the
contractor may be required to be made
based on submittal of paid invoices to
substantiate proof that disbursements have
been made to laborers, materialmen, mechanics and subcontractors from the previous partial payment; and
(3)
May
establish
prequalification
standards and procedu~es as an alternative
to those set forth in RCW 47.28.070, but
the prequalification standards and procedures under RCW 47.28.070 shall always b~
sufficient. [1973 c 116 § 1; 1971 ex.s. c
78 § 1; 1969 ex.s. c 180 § 2; 1967 ex.s. c
145 § 40; 1961 c 233 § 1;
1961 c 13 §
47.28.03-0.
Prior: 1953 c 29 § 1; 1949 c
70 § 1, part; 1943 c 132 § 1, part; 1937 c
53 § 41, part; Rem. Supp. 1949 § 6400~41,
part.]
47.28.050
CALL !QR !l~
Except as
may be providea-by rules and regulations
adopted under RCW 47.28.030 as now or
hereafter amended the washington state
highway commission shall publish a call
for bids for the construction of the
highway according to the maps, plans, and
specifications, once a week for at least
two consecutive weeks, next preceding the
day set for receiving and opening the
bids, in not less than one trade paper and
one other paper, both of general circulation in the state. The call shall state
the time, place, and date for rece~v~ng
and opening the bids,
give a brief description of the location and extent of
the work, and contain such special provisions or specifications as the commission
deems necessary: PROVIDED, That when the
estimated cost of any contract to be
awarded is less than twenty-five thousand
dollars, the call for bids need only be
published in one paper of general circulation in the county where the major part of
the work is to be performed:
PROVIDED
FURTHER, That when the estimated cost of a
contract to be awarded is seven thousand
J
47.28.050
PUBLIC HIGHWAYS
---------------------------------------------five hundred dollars or less,
including
the cost of materials, supplies, engineering,
and equipment,
the state highway
commission need not
publish a call for
bids.
[ 1973 c 116 § 2; 1969 ex.s. c 180 §
1;
1961 c 13 § 47.28.050. Prior:
1959 c
319 § 33; 1955 c 147 § 1; 1937 c 53 § 33;
RRS § 6400-33.]
Chapter 4 7. 39
SCENIC AND RECREATIONAL HIGHWAY ACT OF
1967
47.39.~20
DESIGNATION QI PORTIQ]] Qf
.tlia!INg ]IG!!iiAYS !~-fiRT OF 2YSTM.:.
The
following
portions of highways are designated as part of the scenic and recreational highway system:
( 1)
State route number 2, beginning at
the crossing of Woods creek at the east
city limits of Monroe,
thence in
an
easterly direction by way of Stevens pass
to a junction with state route number 97
in the vicinity of Peshastin;
(2)
State route number 3, beginning at
a
junction with state route number 106 in
the vicinity of Belfair, thence in a
northeasterly direction to a junction with
Arsenal Way south Qf Bremerton; also
Beginning at a
junction of Carr Boulevard north of Bremerton thence northeasterly to a junction with state route number
104 in the vicinity of Port Gamble;
(3)
State route number 8, beginning at
a junction with state route number 12 in
the vicinity of Elma, thence easterly to a
junction with state route number 101
near
Tumwater;
(4)
State route number 10, beginning at
Teanaway
junction,
thence easterly to a
junction with state route number 131
west
of Ellensburg;
(5)
State route number 12, beginning at
a junction with a county road approximately 2.8 miles west of the crossing of the
wynooche river which is approximately 1.2
miles west of Montesano, thence in an
easterly direction to a
junction with
state route number 8 in the vicinity of
Elma; also
Beginning at the Burlington
Northern
Railroad bridge approximately
3.4 miles
west of Dixie, thence in a northerly and
easterly
direction by way of Dayton,
Dodge, and Pomeroy to a
junction with a
county road approximately 2.4 miles west
of a junction with state route number 129
at Clarltston;
(6)
State route number 14, beginning at
the crossing ~f Gibbons creek approximately 0.9 miles east of Washougal, thence in
an easterly direction by way of Stevenson
to a westerly junction with state route
number 97 in the vicinity of ~aryhill;
also
Beginning at the easterly junction with
state route number 97 in the vicinity of
Maryhill,
thence easterly along the north
bank of the columbia river to a
point in
the vicinity of Plymouth;
·------·------------------
(7)
State route number 17. beginning at
a
junction with state route number 395 in
the vicinity of Eltopia, thence in a
northwesterly direction to the south end
of the overcrossing of state route number
90, in the vicinity of Moses Lake; also
Beginning at a junction with Grape Drive
in the vicinity of Moses Lake, thence
northwesterly and northerly by way of Soap
Lake to a junction with state route number
2 west of Coulee City;
(8)
State route number 20, beginning at
the Keystone ferry slip on Whidbey Island,
thence easterly and northerly to a junction with Rhododendron road in the vicinity east of coupeville; also
Beginning at
a junction with Sherman
road
in the vicinity west of Coupeville,
generally northerly to a
junction with
Miller road in the vicinity southwest of
Oak Harbor; also
Beginning at a junction with Torpedo
road in the vicinity northeast of Oak
Harbor,
thence northerly by way of Decep~
tion Pass to a junction with state route
number
20 north in the vicinity southeast
of Anacortes; also
Beginning at
the crossing of Hanson
creek approximately 6.0 miles west of
Lyman, thence easterly by way of Concrete,
Marblemount, Diablo Dam, and Twisp to a
junction
with state route number 153
southeast of Twisp; also
Beginning at a junction with state route
number 21 approximately three miles east
of Republic, thence in an easterly direction to a junction with state route number
395 at the west end of the crossing over
the Columbia river at Kettle Falls; also
Beginning at a
junction with a county
road 2.76 miles east of the junction with
state route number 395 in Colville, thence
in a northeasterly direction to a junction
with state route number 31 at Tiger;
thence in a southerly direction to a
junction with state route number 2 at
Nevport:
(9)
State route number 21, beginning at
the Keller ferry slip on the north side of
Roosevelt lake,
thence in a northerly
direction to the crossing of Granite creek
approximately fifty-four miles north of
the Keller ferry;
(10)
State route number 90, beginning
at the CHSTPP railroad overcrossing approximately 2.3
miles southeast of North
Bend, thence in an easterly direction by
way of snoqualmie pass to the crossing of
the cle Elum river approximately 2.6 miles
west of Cle Elum;
(11)
State route number 97, beginning
at the crossing of the Columbia river at
Biggs Rapids, thence in a northerly direction to the westerly junction with state
route number 14 in the
vicinity
of
Maryhill;
( 12)
state route number 101, beginning
at a junction with state route number 109
in the vicin~ty of Queets, thence in a
northerly,
northeasterly, and easterly
direction by way of Forks to the west
[ 486 ]
STATE TOLL BRIDGES, TUNNELS AND FERRIES
47.56.050
-----------------------------------------------------------------------------boundary of the Olympic national park in
the vicinity of Lake Crescent; also
Beginning at Seguim Bay state park,
thence in a southeasterly and southerly
direction to a junction with the Airport
road north of Shelton; also
Beginning at a junction with a county
road 2.64 miles south of the junction with
state route number 3 in Shelton, thence in
a southerly and southeasterly direction to
the west end of the Black Lake road
overcrossing in the vicinity northeast of
Tumwater;
(13)
State route number 104, beginning
at a junction with state route number 101
in the vicinity south of Discovery bay.
thence in a southeasterly direction to the
vicinity of Shine on Hood Canal; also
Beginning at a junction with state route
number 3 east of the Hood canal crossing,
thence northeasterly to Port Ga•ble;
(14)
State r~ute number 105, beginning
at a junction with state route number 101
at Raymond, thence westerly and northerly
by way of Tokeland and North cove to the
shore of Grays Harbor north of Westport;
also
Beginning at a junction with state route
number 105 in the vicinity south
of
westport, thence northeasterly to a jur.ction with state route number 101
at
Aberdeen;
(15)
state route number 106,
beginning
at a junction with state route number 101
in the vicinity of Union, thence northeasterly to a junction with state route
number 3 in the vicinity of Belfair;
(16)
State route number 109, beginning
at a junction with a county road approximately 3.0 miles northwest of the junction
with state route number 101 in Hoguiam,
thence in a northwesterly direction by way
of Ocean City, Copalis, Pacific Beach, and
~oclips
to a junction with state route
number 101 in the vicinity of Queets;
(17)
State route number 112, beginning
at the easterly boundary of the Makah
Indian reservation, thence in an easterly
direction to the vicinity of
Laird's
corner on state route number 101;
(18)
State route number 126,
beginning
at a junction with state route number 12
in the vicinity of Dayton, thence in a
northeasterly direction to a junction with
state route number 12 in the vicinity vest
of Pomeroy;
(19)
State route number 153, beginning
at a junction with state route number 97
in the vicinity of Pateros, thence in a
northerly direction to a junction with
state route number 20 in the vicinity
south of Twisp;
(20)
State route number 155,
beginning
at a junction with state route number 2 in
the vicinity north of Coulee City, thence
in a northeasterly direction to the boundary of the federal reservation at the
Grand Coulee dam; also
Beginning at a junction with a county
road 2.07 miles north of the junction with
12th street in Elmer City, thence in a
197 3 RCW SUPP.
[ 487
northwesterly direction to the west end of
the crossing of OLak creek east of Omak;
(21)
State route
number
206,
Mt.
Spokane Park Drive, beginning at a junction with state route number 2 near the
north line of section 3, township 26 N,
range 43 E,
thence northeasterly to a
point in section 28, township 28 N, range
45 E at the entrance to Mt. Spokane state
park;
(22)
State route number 395, beginning
at a
point approximately 2.6 miles north
of Pasco thence in a northerly direction
to a
junction with state route number 17
in the vicinity of Eltopia; also
Beginning at the north end of the crossing of Mill creek in the vicinity of
colville, thence in a northwesterly direction to a junction with state route number
30 at the west end of the crossing over
the columbia river at Kettle Falls;
(23)
State route number 401, beginning
at a junction with state route number 101
at
Point Ellice, thence easterly and
northerly to a junction with state route
number ~ in the vicinity north of Naselle;
(24)
State route number 504, beginning
at a junction with state route number 5 in
the vicinity north of Castle Rock,
thence
in an easterly direction by way of St.
Helens and Spirit lake to Mt. St. Helens;
(25) State route number 525, beginning
at a junction with Maxwellton road in the
southern portion of Whidbey Island, thence
northwesterly to a junction with state
route number 20 east of the Keystone ferry
slip;
(26)
State route number 542, beginning
at the Nugent crossing over the Nooksack
river approximately 7.7 miles northeast of
Bellingham, thence easterly to the vicinity of Austin pass in Whatcom county;
(27)
State route number 821, beginning
at a
junction with state route number 82
at the Yakima firing center interchang-e,
thence in a northerly direction to a
junction with state route number 82 at the
Thrall road interchange. (1973 1st ex.s.
c 151 § 10; 1973 ex.s. c 73 § 29;
1970
ex.s. c
51
§ 177; 1969 ex.s. c 281 § 6;
1967 ex.s. c 85 § 2.]
Chapter 47.56
STATE TOLL BRIDGES, TUNNELS AND FERRIES
47.56.050
fQli~tl!SE QI BRID~ !lig FER=
RIES AUTHORIZED--PROVISIONS
APPLICABLE.
(1) Thewas'hingtoiltoil-l>ridgeauthorit~
whenever it is considered necessary or
advantageous and practicable, is empowered
to provide for the acquisition by purchase
of,
and to acquire by purchase, (a) any
bridge or bridges or ferries which connect
with or may be connected with the public
highways of this state, and
(~
together
with approaches thereto.
(2)
In connection with the acquisition
by purchase of any bridge or bridges or
ferries pursuant to the provisions of
subsection
{1)
of this section,
the
]
47.56.050
PUBLIC HIGHWAYS
-----------------------------------------------------------------------Washing~on
toll bridge authority,
the
state highway commission, the state treasurer, any city, county or other political
subdivision of this state, and all said
officers( a)
are empowered and required to do
all acts and things as in this chapter
provided for the establishing and constructing of toll bridges and operating,
financing and maintaining such bridges
insofar as such powers and requirements
are applicable to the purchase of any
bridge or bridges or ferries and their
op~ration, financing and maintenance; and
(b)
in purchasing, operating, financing
and maintaining any bridge or bridges or
ferries acquired or to be acquired by
purchase pursuant to the provisions of
this section, shall act in the same manner
and under the same procedures as are
provided in this chapter for the establishing,
constructing, operating, financing and maintaining of
toll
bridges
insofar as such manner and procedure are
applicable to the purchase of any bridge
or bridges or ferries and their operation,
financing and maintenance.
(~
Without limiting the generality of
the provisions contained in subsections
(1)
and
(2)
hereof, the washington toll
bridge authority is empowered (a) to cause
surveys to be made for the purpose of
investigating the propriety of acquiring
by purchase any such bridge or bridges or
ferries and th~ right of way necessary or
proper for said bridge or bridges or
ferries, and other facilities necessary to
carry out the provisions of this chapter;
(bt to issue, sell and redeem bonds and to
deposit and pay out the proceeds of said
bonds for the financing thereof;
(c)
to
collect, deposit, and expend toll therefrom; (d) to secure and remit
financial
and
other assistance in the purchase
thereof;
and
(e)
to
carry
insurance
thereon.
(4)
The prov1s1ons of RCW 47.56.220
shall
apply when any such bridge or
bridges or ferries are acquired by purchase pursuant to this section. (1973 c
106 § 25; 1961 c 13 § 47.56.050.
Prior:
19ij5 c
266 § 1; Rem. Supp. 1945 § 65243a. ]
All interest received or earned on money
deposited in each and every fund herein
provided for shall be credited to and
become a part of the particular fund upon
which said interest accrues. [1973 c 106
§ 26; 1961 c 13 § 47 .56.180. Prior: 1937
c 173 § 14, part; RRS § 6524-14, part.]
OF ~!NEEDED fgOPEgiY==
If the authority determines that any real property (including
lands, improvements thereon, and any interests or estates) held by the authority
is no longer required for purposes of the
authority, the authority shall offer it
for sale as authorized by RCW 47.56.252 or
in the manner and with the authority
authorized to the state highway commission
by RCW 47.12.280. The authority may adopt
rules further implementing this section as
granted to the highway commission by RCW
47.12.280. [1973 1st ex.s. c
177 § 3;
1961 c 251 § 3.)
47.56.254
47.56.255
SA~ Q! QH~~~
£BQ£!£Il--=
CERTll:ICATJ;ON !Q GOVE.ftliQ.E=EX~.!!IlQ!.c. Qk
LI!~Bl Q1 ~~~~~
When full payment for
real property agreed to be sold as authorized by RCW 47.56.254 has been received
the authority may certify this fact to the
governor, with a description of the land
and terms of the sale and the governor may
execute and the secretary of state shall
attest the deed and deliver it to the
grantee.
[1973 1st ex.s. c 117 § 4; 1961
c 257 § 4.]
BRIDGE--AGREEMENTS
47.56.370
~NGVI~
WITH OREGON.
( 1961 c 13 § 47.56.370.
Prior7~53 c .272 § 1.] Repealed by 1973
1st ex.s. c 151 § 20.
4 7. 56.371
1Ql!Qllll BRI~§] IQ ~]&Q~~
!Q11 .ll!ll=!1Uli! EN ANQ OF WASHINGTON PORTION AND APPROACHES. (19 65 -e-x:-~:~ 1?0§
iepeaiea~y-1973 1 st ex. s. c 1 51 §
20.
10:1
47.56.372
1QJN.YIEW BRIDg !Q ~ECO~~
TOLL FREE--MAINTENANCE OF PORTION LYI~~
WI!JiiN BOUl!~ARIES Q! OREGON~[196s ex. s.
c 170 § 11. ] Repealed by 1973 1st ex. s. c
151 § 20.
1Q11 BRID~~A!]~~ ~!Q~
1H !i!RRAH~ ON VOU~HERS:=-INTEJiEST Ql! 12!::
gosiTS.
Warrants for payments to be made
on account of such bonds shall be duly
drawn by the state treasurer on vouchers
approved by the Washington toll bridge
authority.
Moneys required to
meet the costs of
construction and all expenses and costs
incidental to the construction of any
particular toll bridge or toll bridges or
to meet the costs of operating, maintaining and repairing the same, shall be paid
from the proper fund therefor by the state
treasurer upon voucher submitted by the
highway
commission
approved
by
the
washington toll bridge authority.
47.56.180
[
SALE
!Q![Qft~~~ULE~
47.56.720
PUGE!
l~!HQ=!!§!fQRT
FERRY--PAYMENTS tQR QPEft!!lQli !HQ MAINTEJi!NC~ !Q !!.!iliAKUM COJ!.!i!L.
(1)
The
legislature finds that the ferry operated
by Wahkiakum county between Puget Island
and Westport on the Columbia river provides service which is primarily local in
nature with secondary benefits to the
sta~e highway system in providing a bypass
for state route 4 and providing the only
crossing of the Columbia river between the
488
]
PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM
47.58.040
--------------------------------------------------------------------------------------Astoria-Megler bridge and the Longview
bridge.
(2) The washington state highway commission is hereby authoriz€d to enter into
a continuing agreement with
Wahkiakum
county pursuant to which the state highway
commission shall pay to Wahkiakum county
from mon€ys appropriated for such purpose
the sum of one thousand dollars per month
to be used i~ the operation and mai~teÂ
nance of the Puget Island ferry,
commencing July 1, 1971:
PROVIDED, That from
october 1, 1973 through June 30, 1975 the
state
highway
commission
shall
pay
wahkiakum county one thousand one hundred
forty-two dollars and eighty-six cents per
month.
Additionally, the Washington state highway commission is authorized to include in
the continuing agreement a provision to
reimburse Wahkiakum county for sixty percent of the deficit incurred during each
previous fiscal year in the operation and
maintenance of the ferry, commencing with
the fiscal year ending June 30, 1972. The
state's sixty percent share of the annual
operating and maintenance deficit shall
include the one thousand dollars per month
authorized in this subsection and the one
thousand one hundred forty-two dollars and
eighty-six cents per month authorized to
be paid from October 1, 1973 through June
30, 1975.
(3) The annual deficit, if any. incurred in the operation and maintenance of
the ferry shall be determined by Wahkiakum
county subject to the approval of the
Washington state highway commission. If
sixty percent of the deficit for the
preceding fiscal year exceeds the total
amount paid to the county for that year,
the additional amount shall be paid to the
county by the Washington state highway
commission upon the receipt of a properly
executed voucher:
PROVIDED, That
the
total of all payments to the county in any
biennium shall not exceed the
amount
appropriated for that biennium.
(1973 2nd
ex.s. c 26 § 1; 1971 ex.s. c 254 § 1.]
Effective date--1973 2nd ~~2~ £ 26:
This1973 ame'iidatory-act-Is necessary
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
October 1, 1973." [1973 2nd ex.s. c 26 §
3.]
for
11
Chapter 47.58
EXISTING AND ADDITIONAL BRIDGES
47.58.040
g~~
~Qli~Fog~~!1~
INTERIM BONDS--DEPOSIT OF PROCEEDS,
For
the-purpose-o£-paying-the-cost Of--ail or
any part of such improvement and reconstruction work and the construction of ant
such additional bridge, approaches thereto
and connecting highways, the authority is
hereby authorized by resolution to issue
1973 RCW SUPP.
its revenue bonds which shall constitute
obligations only of the authority and
shall be payable from any funds available,
except that portion of the motor vehicle
fund allocated by law to the Washington
state highway commission, and except revenue from the general fund,
including but
not limited to the revenues and income
from the operation of the bridge
or
bridges constituting the project as may be
pr~vided in ar~ by such resolution.
Each
such revenue bond shall contain a recital
that payment or redemption of the bond and
payment of t~e interest thereon is secured
by a direct charge and lien upon the tolls
and revenues pledged for that purpose and
that such bond does not constitute an
indebtedness of the state of Washington.
Such revenue bonds may bear such date or
dates, may mature at such time or times as
the authority shall determine, may bear
interest at such rate or rates, may be in
such denomination or denominations, may be
in such form# either coupon or registered,
may carry such registration and conversion
privileges,
may be made subject to such
terms of redemption with or without premium, and may contain such other terms and
covenants not inconsistent with this chapter as may be provided in such resolution.
Notwithstanding the form or tenor thereof,
and in the absence of an express recital
on the face thereof that the bond is
nonnegotiable each such revenue bond shall
at all times be and shall be treated as a
negotiable instrument for all purposes.
All such bonds shall be signed by the
state treasurer and countersigned by the
governor and any interest coupons appertaining ther€tO shall bear the signature
of the state treasurer:
PROVIDED, That
the countersignature of the governor on
such bonds and the signature of the state
treasurer on such coupons may be their
printed or lithographed facsimile signatures.
Pending the issuance of definitive
bonds, temporary or interim bonds, certificates or receipts of any denomination and
with or without coupons attached may be
issued as may be provided by said resolution.
All bonds issued under or
by
authority of this chapter shall be sold to
the highest and best bidder at such price
or prices, at such rate or rates of
interest and after such advertising for
bids as the authority may deem proper:
PROVIDED, That the authority may reject
any and all bids so submitted and thereafter sell such bonds so advertised under
such terms and conditions as the authority
may deem advantageous. The purchase price
of all bonds issued hereunder shall be
paid to the state treasurer consistent
with the prov~s~ons of the resolution
pursuant to which such bonds have been
issued or to the trustee designated in the
bond resolu~ion and held as a separate
trust fund to be disbursed on the orders
of the authority. ( 1973 c 106 § 27;
1970
ex.s. c 56 § 64; 1969 ex.s. c 232 § 78;
1961 c 102 § 1; 1961 c 13 § 47.58.040.
Prior: 1955 c 208 § 4.]
[ 489 ]
Ch. 47.60
PUBLIC HIGHiiAYS
Chapter 4 7. 60
PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM
47.60.060
REVENUE BONDS AUTHORIZED-ISSUANCE--CONDITIONS _!EGOTIABiiiTY IN- l!BID BONDS. For the purpose of paying
the cost of acquiring by lease, charter,
contract, purchase, condemnation or construction all or any part of such Puget
sound
ferry
system,
including
toll
bridges, approaches and roadways incidental thereto, and for rehabilitating, rebuilding, enlarging or improving all or
any part of said system, the authority is
hereby authorized by resolution to issue
its revenue bonds which shall constitute
obligations only of the authority and
shall be payable solely and only from all
or such part of the revenues from the
operation of the system as may be provided
in and by such resolution.
Each such revenue bond shall contain a
recital that payment or redemption of the
bond and payment of the interest thereon
is secured by a direct charge and lien
upon the tolls and revenues pledged for
that purpose and that such bond does not
constitute an indebtedness of the state of
Washington.
The authority is hereby empowered to
include in any resolution authorizing the
issuance of the bonds such covenants,
stipulations and conditions as may be
deemed
necessary with respect to the
continued use and application of
the
income and revenues from the undertaking.
such revenue bonds may bear such date or
dates, may mature at such time or times as
the authority shall determine,
may bear
interest at such rate or rates, may be in
such denomination or denominations, may be
in such form, either coupon or registered,
may carry such registration and conversion
privileges,
may be made subject to such
terms of redemption with or without premium, and may contain such other terms and
covenants not inconsistent with this chapter as may be provided in such resolution.
Notwithstanding the form or tenor thereof,
and in the absence of an express recital
on the face thereof that the bond is
nonnegotiable each such revenue bond shall
at all times be and shall be treated as a
negotiable instrument for all purposes.
All such bonds shall be signed by the
state treasurer and countersigned by the
governor and any interest coupons appertaining thereto shall bear the signature
of the state treasurer:
PROVIDED, That
the countersignature of the governor on
such bonds and the signature of the state
treasurer on such coupons may be their
printed
or
lithographed
facsimile
signatures.
Pending the
issuance
of
definitive
bonds, temporary or interim bonds, certificates or receipts of any denomination and
with or without coupons attached may be
issued as may be provided by said resolution. [ 1973 c 106 § 28; 1970 ex.s. c 56 §
65; 1969 ex.s. c 232 § 34;
1961 c 13 §
47.60.060.
Prior: 1949 c 179 § 4, part;
Rem. Supp. 1949 § 6584-33, part.]
UNll Qli CO!WU~ Qfn!IIO~
47.60.130
COjTINUOUS
~~]£T--RENT!~
LE~ Q1 ~!~I~ PROPERTY--SAL]
~ g]Q~~
Such ferry system,
CHART~~£
QI QBNEEQ:
including
any toll bridges, approaches, and roadways
incidental thereto, may be financed and
operated in combination or separately as
one or more units as the authority may
determine, and such ferry system together
with any toll bridge hereafter constructed
by the authority upon or across the waters
of Puget Sound or Hood Canal, or any part
of either, replacing one or more presently
operated ferry routes, is declared to be a
continuous project within the meaning of
RCW 47.56.070.
The authority is empowered
to rent, lease, or charter any property
acquired under this chapter. If the authority determines that any real property
(including lands, improvements thereon,
and any interests or estates) held by the
authority is no longer required for the
purposes of the ferry system, the authority shall offer it for sale in the manner
and with the authority authorized to the
state highway commission by RCW 47.12.280.
The authority may adopt rules further
implementing this section as granted to
the highway commission by RCW ~7.12.280.
The proceeds of all such sales shall be
paid into the separate trust fund of the
state treasury established pursuant to BCW
47 .60.150.
( 1973 1st ex.s. c 177 § 5;
1961 c 13 § 4 7.6 0.130.
Prior: 19 55 c 22
§ 1; 1953 c 32 § 1; 1949 c 179 § 3, part;
Rem. Supp. 1949 § 6584~32, part.]
Chapter 47.64
MARINE EMPLOYEE COMMISSION
ij7.64.050
UNEMPLOYMENT
COMPENSATION.
( 1961 c , 3 § 4~6u:Oso:--Prior:-19s1C82
§ 1;
1949 c
148 § 4; Rem. Supp. 1949 §
6524-25.) Repealed by 1973 1st ex.s. c
158 § 20.
jffe£iive il.~~==12.73 1§1 ~§:..
See note following RCW 50.08.020.
£ 158:
TITLE 48
INSURANCE
Sections added, amended, or repealed:
48.0~.040
48.04.090
Notice of hearing.
Order on hearing.
Ch~E~ 48.02
[ 490 ]
!ents.:.
Insurers--General Require=
DIGEST OF TITLE
TITLE 48
--------------------------------------------------------------------------------------48.05.140
Certificate of authority--Discretionary refusal, revocation,
suspension.
48.20.411
Benefits for services performed
by registered nurses.
£!!SEll!: 48.:..11 Q£Q.J.!.E a,nd
u !li2!!£S.!!£g.:..
48.12.030
48.12.040
48.12.060
48.12.150
Liabilities.
Unearned premium reserve, property, casualty, and surety
insurance.
Reserve--Disability insurance.
standard valuation law--Life
insurance.
Valuation of stocks.
48.21.141
C~aPllt
Disabili=.
Benefits performed by registered nurses.
48 • 23
iti~§~
1.H.g I!liD!U.!l£2 i l l !lUll!.:.
48.23.360
48.12.180
£hapte~
48.:..11
48.13.010
48.13.160
48.13.220
48.13.290
48.23.350
~lag!et
Standard nonforfeiture law-Life insurance.
Calculation of nonforfeiture
benefits under annuities.
48.24.010
48.24.060
48.24.070
Group requirements must be met.
Public employee associations.
Trustee groups.
.Inygst~nt§.:..
Scope of chapter--Eligible
investments.
Real property owned--Home office building.
common stocks--Investment--Acquisition--Engaging in certain
businesses.
Disposal of ineligible property
or securities.
£hapte£ i8.3Q. !!l!fai£ .fta£ll£g2
Fr.s!!Q§.:.
48.30.010
~haJ2.tg
.!iL.ll
to~
48.17.330
48.17.530
48.17.540
,!g§.l!!il.L ~.Qg£il.L Soli_giand !ru.Y.§~.I;:il.:..
Ch.§.1!tet
Nonresident agents and brokers--Reciprocity.
Refusal, suspension, revocation
of licenses.
Procedure to suspend, revoke or
refuse--Effect of conviction of
felony.
The
In§.!!gg~
48.36.230
Conj:ract.:.
48.36.440
48.18.020
48.18.030
48.18.292
48.18.298
48.18.299
48.18.375
48.18.380
Power to contract.
Insurable interest--Personal
insurances.
Refusal to renew private automobile insurance by insurer.
Disability insurance--Refusal
to renew by insurer.
Disability insurance--Cancellation by insurer.
Assignment of interests under
group insurance policy.
Minor may give acquittance-Life insurance.
48.44.020
48.44.160
48.44.162
~.hg,Eter ~W~A
!aria!!!~
.£.2!ll£s£i A£1.:..
48.44.230
48.18!.020 Separate accounts authorized-Allocations--Benefits--Limitations--Valuation--Sale, transfer or exchange of assets.
48.18A.030 Statements required in contracts--Payment on death, incidental benefit provision.
48.18!.050 Applicability of other code
provisions--Contract
requirements.
48.18!.060 Licensing requirement.
~bapter i~~Q
48.20.052
Di~1i1I In§.!!£~
Standard provision No. 2--Time
limit on certain defenses.
1973 RCW SUPP.
Merger or consolidation.
48.36
48.36.360
£Mng£ 48 • .lll,
Unfair practices in general.
~.:..J1 f!erge!:§.L l!§Mbilii.sti.QJ!.L
1igyidation.
48.31.010
Ch~ptet
.S!!.~
£:gtegal.:..
Annual reports--Valuation of
certificates.
Valuation--Modification of contributions--Returns.
Application of chapter 48.18A
RCW.
Agreement for services--Submission of contract forms to commissioner--Grounds for
disapproval.
Revocation, suspension, refusal
of registration--Notice and
hearing required--Cease and desist orders, injuncti~e action--Grounds.
Revocation, suspension, refusal
of agent's license--Grounds.
Individual health service plan
contract--Return within ten
days of purpose--Void ab
initio.
Cross Referenc~s:
Liability insurance for officials and
employees
cities: RCW 35.21.205.
fire districts: RCW 52.08.090.
irrigation districts: RCW 87.03.162.
port districts: RCW 53.08.205.
public utility districts: RCW
54.16.095.
school districts: RCW 28!.58.423.
sewer districts: RCW 56.08.105.
towns: RCW 35.21.205.
( 491 l
TITLE 48
INSURANCE
------------------------------------------------------water districts:
RCW 57.08.105.
Chapter 48.04
HEARINGS AND APPEALS
--------------------
final determination, whichever date is the
later.
(8)
Is found by the commissioner, after
investigation or upon receipt of reliable
information, to be managed by persons
whether by its directors, officers, or
any other means, who are incompetent or
untrustworthy or so lacking in insurance
company managerial experience as to make a
proposed operation hazardous to the insurance-buying public; or that there is good
reason to believe it is affiliated directly or indirectly through ownership, control, reinsurance or other insurance or
business relations, with any person or
persons whose business operations are or
have been marked,
to the detriment of
policyholders or stockholders or investors
or creditors or of the public, by bad
faith or by manipulation of assets, or of
accounts, or of reinsurance.
(9)
Does business through agents or
brokers in this state or in any other
state who are not properly licensed under
applicable laws and duly enacted regulations adopted pursuant thereto. ( 1973 1st
ex.s. c 152 § 1; 1969 ex.s. c 241 § 3;
1967 c 150 § 4; 1947 c 79 § .05. 14; Rem.
Supp. 1947 § 45.04 .14.]
b;
48.04.040
NOTICE QI !!EARl!!~ [1967 c
237 § 17; 1947-c 79-§ .04.04; Rem.
Supp.
1947 § 45.04.04.]
Repealed by 1973 1st
ex.s. c 107 § 4.
48.04.090
ORDER QH !!illiN~ [1967 c
237 § 18; 1947-c-79 § .04.09;
Rem.
supp.
1947 § 45.04.09.]
Repealed by 1973 1st
ex.s. c 107 § 4.
Chapter 48. OS
INSURERS--GENERAL REQUIREMENTS
48.05.140
~!III£!~
QI !QTHORITY==
DISCRETIQ]AB! EEFUSj~L REVOCATIO]L ~Q~=
~!!~
The commissioner may refuse, suspend, or revoke an insurer's certificate
of authority, in addition to other grounds
therefor in this code, if the insurer:
(1)
Fails to comply with any provision
of this code other than those for violation of which refusal, suspension, or
revocation is mandatory, or fails
tc
comply with any proper order or regulation
of the commissioner.
(2)
Is found by the commissioner to be
in such condition that its further transaction of insurance in this state would be
hazardous to policyholders and the people
in this state.
(3)
Refuses to remove or discharge a
director or o-fficer who has been convicted
o$ any crime involving fraud,
dishonesty,
or like moral turpitude.
(4)
Usually compels claimants under policies either to accept less than the
amount due them or to bring suit against
it to secure full payment of the amount
due.
(5)
Is affiliated with and under the
same general management, or interlocking
directorate,
or ownership as another insurer which transacts insurance in this
state without having a certificate of
authority therefor, except as is permitted
by this code.
(6)
Refuses to be examined, or if its
directors, officers,
employees or represectatives refuse to submit to examination
or to produce its accounts, records, and
files for examination by the commissioner
when required, or refuse to perform any
legal
obligation
relative
to
the
examination.
(7)
Fails to pay any final
judgment
rendered against it in this state upon any
policy, bond, recognizance, or undertaking
issued or guaranteed by it, within thirty
days after the judgment became final or
within thirty days after time for taking
an appeal has expired, or wlthin thirty
days after dismissal of an appeal before
[ 492
~~.!~ll.Qili!.Y==1273 1§.! g!~!... £ 1521, "If
any provision of this 1973 amendatory 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." [ 1973 1st ex.s. c
152 § 7.]
Chapter 48.12
ASSETS AND LIABILITIES
In any deterU8.12.030
1J!~ILITIE~
mination of the financial condition of an
insurer, liabilities to be charged against
its assets shall include:
(1)
The amount of its capital stock
outstanding, if any; and
(2)
The amount, estimated consistent
with
the prov~s~ons of this chapter,
necessary to pay all of its unpaid losses
and claims incurred on or prior to the
date of statement, whether reported or
unreported, together with the expense of
adjustment or settlement thereof; and
(3)
With reference to life and disability insurance, and annuity contracts,
(a)
the amount of reserves on life
insurance policies and annuity contracts
in force
(including disability benefits
for both active and disabled lives, and
accidental death benefits, in or supplementary thereto) and disability insurance,
valued according to the tables of mortality, tables of morbidity, rates of interest,
and methods adopted pursuant to this
chapter which are applicable thereto; and
(b)
any additional reserves which may
be required by the commissioner, consistent with practice formulated or a~proved
l
ASSETS AND LIABILITIES
48. 12. 150
--------------------------------------------------------------------------------------by the National Association of Insurance
commissioners, on account of such insurances; and
(4)
With rP.ference to insurances other
than those specified in subdivision (3) of
this section, and other than title insurance, the amount of reserves equal to the
unea,ned portions of the gross premiums
charged on policies in force, computed in
accordance with this chapter; and
(5)
Taxes, expenses, and other obligations accrued at the date of the statement; and
(6) Any additional reserve set up by
the insurer for a specific
liability
purpose or required by the commissioner
consistent with practices adopted or approved by the National Association of
Insurance Commissioners. [1973 1st ex.s.
c 162 § 1; 1947 c 79 § .12.03; Rem. Supp.
1947 § 45.12. 03.]
48.12.040
UNEARNE~
~IQ~
j~~~~
fROf~RT!.L il~.!lll!L A!!~ ~ORE!!
l]~ANCE.:.
(1)
With reference to insurances against
damage to property, except as
provided in RCW 48.12.050, and with reference to all general casualty insurances,
and surety insurances, every insurer shall
maintain an unearned premium reserve on
all policies in ·force.
(2)
The commissioner may require that
such reserve shall be equal to the unearned portions of the gross premiums in
force after deducting authorized reinsurance, as computed on each respective risk
from the policy's date of issue. If the
commissioner does not so require, the
portions of the gross premiums in force,
less authorized reinsurance, to be held as
a
premium reserve,
shall be computed
according to the following table:
loss or
Term for which policy
was written
Reserve for
unearned premium
One year, or less ••••••••
Two years •••••••••••••••. First year
Second year
Three years ............ , •. First year
Second year
Third year
Four years ••••••••••••••• First year
Second year
Third year
Fourth year
Five years •••••••••••••.. First year
Second year
Third year
Fourth year
Fifth year
Over five years •••••••••• Pro rata
1/2
3/4
1/4
5/6
1/2
1/6
1/8
5/8
3/8
1/8
9/10
7;10
1/2
3/10
1/10
(3)
In lieu of computation according to
such table, all of such reserves may be
computed, at the insurer's option, on a
monthly pro rata basis.
(4)
After adopting any one of the methods for computing such reserve an insurer
shall not change methods without
the
commissioner's approval. [1973 1st ex.s.
1973 RCW SUPP.
[
c 162 § 2; 1947 c 79 § .12.04; Rem.
1947 § 45.12.04.]
Supp.
48.12.060
B~~~RVE-=~I~!~ILIT!
INSUR=
For all disability insurance policies the insurer shall maintain an active
life reserve which shall place a sound
value on its liabilities under such policies and be not less than the reserve
according to appropriate standards set
forth in regulations issued by the commissioner and,
in no event, less in the
aggregate than the pro rata gross unearned
premiums for such policies.
[1973 1st
ex.s.
c 162 § 3; 1947 c 79 § .12.06; Rem.
supp. 1947 § 45.12.06.]
!N~~
48.12.150
STANDARD VALUATION LA~--LIFE
IN~Q]!~
(1)-~is
shalr--b~
known as the standard valuation law.
(2)
Annual valuation:
The commissioner
shall annually value, or cause to be
valued, the reserve liabilities (hereinafter called reserves) for all outstanding
life insurance policies and annuity and
pure endowment contracts of every life
insurer doing business in this state,
except that in the case of an alien
insurer such valuation shall be limited to
its insurance transactions in the United
States, and may certify the amount of any
such reserves, specifying the mortality
table or tables, rate or rates of interest
and methods
(net level premium method or
others) used in the calculation of such
reserves, In calculating such reserves,
the commissioner may use group methods and
approximate averages for fractions of a
year or otherwise.
He may accept, in his
discretion,
the insurer's calculation of
such reserves.
In lieu of the valuation
of the reserves herein required of any
foreign or alien insurer, he may accept
any valuation made, or caused to be made,
by the insurance supervisory official of
any state or other jurisdiction when such
valuation complies with the minimum standard herein provided and if the official of
such state or jurisdiction accepts as
sufficient and valid for all legal purposes the certificate of valuation of the
commissioner when such certificate states
the valuation to have been made in a
specified manner according to which the
aggregate reserves would be at least as
large as if they had been computed in the
manner prescribed by the law of that state
or jurisdiction.
(3)
Minimum valuation standard:
(a)
The minimum standard for the valuation of all such policies and contracts
issued prior to the operative date of RCW
48.23.350 shall be as follows:
For policies issued prior to the operative date no standard of valuation for
ordinary policies, whether on the net
level premium, preliminary term, or select
and ultimate reserve basis, shall be less
than that determined upon such
basis
according to the American Experience Table
-section-
493 ]
48.12.150
INSURANCE
------------------------------------------------------------------------------------of Mortality vith three and
one-half
percent interesti except, that when the
preliminary term basis is used it shall
not exceed one year. The commissioner may
vary the standard of valuation in particular cases of invalid lives and other extra
hazards, provided, that the interest rate
used is not greater than three and onehalf percent.
Except as otherwise provided in subsection (3) (b)
(ii)
of this section the
legal m1n1mum standard for the valuation
of annuities issued on or after January 1,
1912, and prior to the operative date of
RCW 48.23.350, shall be McClintock's Table
of Mortality Among Annuitants, with interest at three and one-half percent per
annum, but annuities deferred ten or more
years and written in connection with life
or term insurance may be valued on the
same mortality table from which the consideration or premiums were computed, with
interest not higher than three and one•
half percent per annum.
The legal minimum standard for the valuation of industrial policies issued on or
after the first day of January, 1912, and
prior to the operative date of RCW 48.23.350, shall be the American Experience
Table of Mortality with interest at three
and one-half percent per annum; except,
that any life insurer may voluntarily
value such industrial policies according
to th~ Standard Industrial Mortality Table
or the Substandard Industrial Mortality
Table.
The legal minimum standard for the valuation of group life insurance policies
under which premium rates are not guaranteed for a period in excess of five years
shall be, at the option of the life
insurer issuing such policies, either the
American Men Ultimate Table of Mortality,
the Commissioners 1941 Standard Ordinary
Mortality Table, or any other table appro~ed
by the commissioner, vith interest
at three and one-half percent per annum.
(b)
(i) Except as otherwise provided in
subsection (3) (b) (ii)
of this section
the minimum standard for the valuation of
all such policies and contracts issued on
or after the operative date of RCW 48.23.350 shall be the Commissioners Reserve
Valuation Method defined in subsection (4)
of this section, three and one-half percent interest or in the case of policies
and contracts, other than annuity and pure
endowment contracts,
issued on or after
July 16, 1973, four percent interest, and
the following tables:
(A)
For all ordinary policies of life
insurance issued on the standard basis,
excluding any disability and accidental
death
benefits in such policies,--the
commissioners 1941 Standard Ordinary Mortality Table for such policies issued
prior to the operative date of RCW 48.23• 350
(Sa), and the commissioners 1958
standard ordinary Mortality Table for such
policies issued on or after such operative
date: PROVIDED, That for any category of
such policies issued on female risks on or
[ 494
after July 1, 1957, modified net premiums
and present values, referred to in subsection (4) of this section, may be calculated according to an age not more than three
years younger than the actual age of the
insured.
(B)
For all industrial life insurance
policies issued on the standard basis,
excluding any disability and accidental
death benefits in such policies,--the 1941
Standard Industrial Mortality Table for
such policies issued prior to the operative date of RCW 48.23.350 (5b). and the
Commissioners
1961 Standard Industrial
Mortality Table for such policies issued
on or after such operative date.
(C)
For individual annuity and pure
endowment contracts, excluding any disability and accidental death benefits in
such policies,--the 1937 Standard Annuity
Mortality Table or, at the option of the
insurer, the Annuity Mortality Table for
1949, Ultimate, or any modification of
either of these tables approved by the
commissioner.
(D)
For group annuity and pure endowment contracts, excluding any disability
and accidental death benefits in such
policies,--the Group Annuity
Mortality
Table for 1951, any modification of such
table approved by the commissioner, or, at
the option of the insurer, any of the
tables or modifications of tables specified
for individual annuity and pure
endowment contracts.
(E)
For total and permanent disability
benefits in or supplementary to ordinary
policies or contracts,--for policies or
contracts issued on or after January 1,
1966, the tables of Period 2 disablement
rates and the 1930 to 1950 termination
rates of the 1952 Disability Study of the
Society of Actuaries, with due regard to
the type of benefit; for policies or
contracts issued on or after January 1,
1961, and prior to January 1, 1966, either
such tables or, at the option of the
insurer, the Class
(3) Disability Table
(1926) ; and for policies issued prior to
January 1, 1961, the Class (3) Disability
Table (1926). Any such table shall, for
active lives, be combined with a mortality
table permitted for calculating the reserves for life insurance policies.
(F)
For accidental death benefits in or
supplementary to policies,--for policies
issued on or after January 1, 1966, the
1959 Accidental Death Benefits Table; for
policies issued on or after January 1,
1961, and prior to January 1, 1966, either
such table or, at the option of the
insurer, the Inter-Company Double Indemnity Mortality Table; and for
policies
issued prior to January 1, 1961, the
Inter-Company Double Indemnity Mortality
Table.
Either table shall be combined
with a mortality table permitted
for
calculating the reservBs for life insurance policies.
(G)
For group life insurance, life insurance issued on the substandard basis
ASSETS AND LIABILITIES
48.12.150
--------------------------------------------------------------------------------------and other special benefits,--such tables
as may be approved by the commissioner.
(ii)
The minimum standard for
the
valuation of all individual annuity and
pure endowment contracts issued on or
after the operative date of this subsection and for all annuities and
pure
endowments purchased on or after such
operative date under group annuity and
pure endowment contracts, shall be the
commissioners reserve valuation
method
defined in subsection (4) of this section
and the following tables and interest
rates:
(A)
For individual annuity and pure
endowment contracts,
excluding any disability and accidental death benefits in
such contracts, the 1971 Individual Annuity Mortality Table, or any modification
of this table approved by the commissioner, and six percent interest for single
premium immediate annuity contracts, and
four percent interest for all other individual
annuity
and
pure
endowment
contracts.
(B)
For group annuity and pure endowment contracts, excluding any disability
and accidental death benefits in such
contracts the 1971 Group Mortality Table,
or any modification of this table approved
by the commissioner,
and six
percent
interest.
After July 16, 1973 any insurer may file
with the commissioner a written notice of
its election to comply with the provisions
of this section after a specified date
before January 1, 1979, which shall be the
operative date of this subsection for such
insurer, provided that an insurer may
elect
a different operative date for
individual annuity and pure
endowment
contracts from that elected for group
annuity and pure endowment contracts.
If
an insurer makes no such election, the
operative date of this subsection for such
insurer shall be January 1, 1979.
(4)
Commissioners
Reserve
Valuation
Method: Reserves according to the Commissioners Reserve Valuation Method, for the
life insurance and endowment benefits of
policies providing for a uniform amount of
insurance and requiring the payment of
uniform premiums shall be the excess, if
any, of the present value, at the date of
valuation, of such future guaranteed benefits provided for by such policies, over
the then present value of any future
modified net premiums therefor.
The modified net premiums for any such policy
shall be such uniform percentage of the
respective contract premiums for
such
benefits
(excluding extra premiums on a
substandard policy) that the present value, at the date of issue of the policy, of
all such modified net premiums shall be
equal to the sum of the then present value
of such benefits provided for by the
policy and the excess of (a) over (b) as
follows:
(a)
A net level annual premium equal to
the present value, at the date of issue,
of such benefits provided for after the
197 3 RCW SOPP.
first policy year, divided by the present
value, at the date of issue, of an annuity
of one per annum payable on the first and
each subsequent anniversary of such policy
on which a premium falls due;
provided,
however, that such net level annual premium shall not exceed the net level annual
premium on the nineteen-year premium whole
life plan for insurance of the same amount
at an age one year higher than the age at
issue of such policy.
(b)
A net one-year term premium for
such benefits provided for
in the first
policy year.
Reserves according to the commissioners
Reserve Valuation Method for
(1)
life
insurance policies providing for a varying
amount
of insurance or requiring the
payment of varying premiums, (2)
annuity
and pure endowment contracts, (3)
disability and accidental death benefits in
all policies and contracts, and (4)
all
other benefits, except life insurance and
endowment benefits in life insurance policies, shall be calculated by a
method
consistent with the principles of this
subsection.
(5)
Minimum aggregate reserves:
In no
event shall an insurer's aggregate reserves for all life insurance policies,
excluding disability and accidental death
benefits, issued on or after the operative
date of RCW 48.23.350, be less than the
aggregate reserves calculated in accordance with the method set forth in subsection (4) and the mortality table or tables
and rate or rates of interest used in
calculating
nonforfeiture benefits for
such policies.
(6)
Optional reserve bases:
Reserves
for all policies and contracts issued
prior to the operative date of RCW 48.23.350 may be calculated, at the option of
the insurer,
according to any standards
which produce greater aggregate reserv~s
for all such policies and contracts than
the minimum reserves required by the laws
in effect immediately prior to such date.
For any category of policies, contracts
or benefits specified in subsection (3) of
this section,
issued on or after the
operative date of RCW 48.23.350, reserves
may be calculated, at the option of the
insurer, according to any standard or
standards which produce greater aggregate
reserves for such category than those
calculated according to the minimum standard herein provided, but the rate or rates
of interest used shall not be higher than
the corresponding rate or rates of interest used in calculating any nonforfeiture
benefits provided for therein:
PROVIDED,
That reserves for participating life insurance policies issued on or after the
operative date of RCW 48.23.350 may,
with
the consent of the commissioner, be calculated according to a rate of interest
lower than the rate of interest used in
calculating the nonforfeiture benefits in
such policies, with the further proviso
that if such lower rate differs from the
rate
used in the calculation of the
[ 495 ]
48.12.150
INSURANCE
------------------------------------------nonforfeiture benefits by more than onehalf percent the insurer issuing such
policies shall file with the commissioner
a plan providing for such equitable increases, if any, in the cash surrender
values and nonforfeiture benefits in such
policies
as
the
commissioner
shall
approve.
Any such insurer which at any time had
adopted any standard of valuation producing greater aggregate reserves than those
calculated according to the minimum standard herein provided may, with the approval
of
the commissioner, adopt any lower
standard of valuation, but not lover than
the minimum herein provided.
(7)
Deficiency reserve: If the gross
premium charged by any life insurer on any
policy or contract is less than the net
premium for the policy or contract according to the mortality table, rate
of
interest and method used in calculating
the reserve thereon, there shall be maintained
on such policy or contract a
deficiency reserve in addition to all
other reserves required by law. For each
such policy or contract the deficiency
reserve shall be the present value, according to such standard, of an annuity of
the difference between such net premium
and the premium charged for such policy or
contract, running for the remainder of the
premium-paying period. (1973 1st ex.s. c
162 § 4; 1963 c 195 § 13; 1961 c 194 § 3;
1959 c 225 § 3; 1957 c 193 § 7; 1947 c 79
§ .12.15; Rem. Supp. 1947 § 45.12.15.]
48.12.180
VALUATION OF §I~KS.
(1)
securities, other-than-those referred to
in RCW 48.12.170, held by an insurer shall
be valued, in the discretion of
the
commissioner, at their market value, or at
their appraised value, or at prices determined by him as representing their fair
market value, all consistent with any
current method for the valuation of any
such security formulated or approved by
the
National Association of Insurance
commissioners.
(2)
Preferred or guaranteed stocks or
shares while paying full dividends may be
carried at a fixed value in lieu of market
value, at the discretion of the commissioner and in accordance with such method
of computation as he may approve.
(3)
The stock of a subsidiary of an
insurer shall be valued on the basis of
the greater of (a) the value of only such
of the assets of such subsidiary as would
constitute
lawful inv8stments for the
insurer if acquired or held directly by
the insurer or (b)
such other value
determined pursuant to rules and cumulative limitations which shall be promulgated by the commissioner to effectuate the
purposes of this chapter. (1973 c 151 §
1; 1947 c 79 § .12.18; Rem. S~pp. 1947 §
45.12.18.]
Chapter 48.13
INVESTMENTS
48.13.010
SCOPE Q! fHA£!ER==~11GIBLE
INVEST!!ENTS.
(1) Investments of domestic
insurers shall be eligible to be held as
assets only as prescribed in this chapter.
(2)
Any particular investment of a do·
mestic insurer held by it on the effective
date of this code and which was a legal
investment
immediately
prior thereto,
shall be deemed
a
legal
investment
hereunder.
(3)
The eligibility of an invesuent
shall be determined as of the date of its
malting or acquisition.
(4)
Except as to RCW 48.13.360, this
chapter applies only to domestic insurers.
(1973 c 151 § 2; 1947 c 79 § .13.01; Rem.
Supp. 1941 § 45. 13.01.]
48.13.160
m:n~
B~A&
RBQ~S!!
Q~!~Q~~
An insurer may own
and invest or have invested in its home
office and branch office buildings any of
its funds in aggregate amount not to
exceed ten percent of its assets unless
approved by the commissioner, or if a
mutual or reciprocal insurer not to exceed
ten percent of its assets nor such amount
as would reduce its surplus, exclusive of
such
investment, below fifty thousand
dollars
unless
approved
by
the
commissioner.
(2)
An insurer may own real property
acquired in satisfaction or on account cf
loans, mortgages, liens,
judgments, or
other debts previously owing to the insur~
er in the course of its business,
(3) An insurer may invest or have in~
vested in aggregate amount not exceeding
three percent of its assets in the following real property, and in the repair,
alteration,
furnishing, or improvement
thereof:
(a) Real property requisite for its
accommodation in the convenient transaction of its business if approved by the
commissioner.
(b) Real property acquired by gift or
devise.
(c)
Real property acquir~d in exchange
for real property owned by it. If neces~
sary
in order to consummate such an
exchange, the insurer may put up cash in
amount not to exceed twenty percent of the
fair value of its real property to be so
exchanged, in addition to such property.
(d)
Real property acquired through a
lawful merger or consolidation with it of
another insurer and not required for the
purposes specified in subsection (1) and
in paragraph (a) of subsection (2) of this
section.
(e)
Upon approval of the commissioner,
in real property and equipment incident to
real property, requisite or desirable for
the protection OL enhancement of the value
of other real property owned by
the
insurer.
[ 496 ]
BUllQI.N.§.:..
(1)
INVESTMENTS
48.13.220
-------------------------------------------------------------------------------------~
(3)
The limitations of subsection
(2)
of this section shall not apply to investment in the securities of any subsidiary
corporations of the insurer which are
engaged or organized to engage exclusively
in
one
or
more
of
the following
businesses:
(a)
Acting as an insurance agent for
its parent or for
any of its parent's
insurer subsidiaries or affiliates;
(b)
Investing, reinvesting, or trading
in securities or acting as a securities
broker or dealer for its own account, that
of its parent,
any subsidiary of its
parent, or any affiliate or subsidiary;
(c)
Rendering
management, sales, or
other related services to any investment
company subject to the Federal Investment
Company Act of 1940, as amended;
(d)
Rendering investment advice;
(e)
Rendering services related
to the
functions involved in the operation of an
insurance business including,
but
not
limited to,
actuarial,
loss prevention,
safety engineering, data proc~ssing,
accounting, claims appraisal, and collection
services;
(f)
Acting as administrator of employee
welfare benefit and pension plans for
governments, government agencies, corporations, or other organizations or groups;
(g)
Ownership and management of assets
which the parent could itself own and
manage:
PROVIDED, That the aggregate
investment by the insurer and its subsidiaries acquired pursuant to this paragraph
shall not exceed the limitations otherwise
applicable to such investments by the
parent;
(h)
Acting as administrative agent for
a government instrumentality which
is
performing an
insurance function or is
responsible for a health
or
welfare
program;
(i)
Financing of insurance premiums;
(j)
Any other business activity reasonably ancillary to an insurance business;
(k)
owning a corporation or corporations engaged or organized to
engage
exclusively in either, or both (i)
owning
an insurer or insurers to the extent
permitted by this chapter, or (ii)
one or
more of the businesses specified in paragraph
(a)
through (k) of this subsection
inclusive.
(4)
No acquisition of a majority of the
total outstanding common shares of any
corporation shall be made pursuant to this
section unless a notice of intention of
such proposed acquisition shall have been
filed with the commissioner not less than
ninety days, or such shorter period as may
be permitted by the commissioner,
in
advance of such proposed acquisition, nor
shall any such acquisition be made if the
commissioner at any time prior to ~he
expiration of the notice period finds that
the proposed acquisition is contrary to
law,
or determines that such- proposed
acquisition would be contrary to the best
interests of the parent insurer's pclicyholders or of the people of this s~ate.
(4) A domestic life insurer with assets
of at least twenty-five million dollars
and at least ten million dollars
in
capital and surplus, and a domestic property and casualty insurer with assets of
at least seventy-five million dollars and
at least thirty million dollars in capital
and surplus, or, if a mutual or reciprocal
property or casualty insurer,
at least
thirty million dollars in surplus, may, in
addition to the real property included in
subsections
(1),
(2)
and
(3)
of this
section, own such real property other than
property to be used primarily for agricultural, horticultural, ranch, mining,
recreational, amusement, or club purposes, as
may be acquired as an investment for the
production of income,
or as may be acquired to be improved or developed for
such investment purpose pursuant to an
existing program therefor, subject to the
following limitations and conditions:
{a)
The cost of each parcel of real
property so acquired under this subsection
(4), including the estimated cost to the
insurer of the improvement or development
thereof, when added to the book value of
all other real property under this subsection (4), together with the admitted value
of all common stock,
then held by it,
shall not exceed twenty percent of its
admitted assets or fifty percent of its
surplus over the minimum reguired surplus,
whichever is greater,
as of the thirtyfirst day of December next preceding; and
(b)
The cost of each parcel of real
property so acquired, including the estimated cost to the insurer of the improvement or 1evelopment thereof,
shall not
exceed as of the thirty-first day of
December next preceding, four
percent of
its admitted assets.
(c)
Indirect or proportionate interests
in real estate held by a domestic life
insurer through any subsidiary shall be
included in proportion to such insurer's
interest in the subsidiary in applying the
limits provided in subsection (4).
(1973
c 151 § 3; 1969 ex.s. c 241 § 7; 1967
ex.• s. c 95 § 13; 1949 c 190 § 17; 1947 c
7 9 § • 1 3 • 1 6; Be m. sup p. 1 9 4 9 § 4 5 • 13. 1 6. )
48.13.220
COM~QM
2TOCKS==!M!ESI~ENT==
A~YJSI!Jg]_-=ENGAGING
~ERI~IN ~1~2=
~~
1M
After satisfying the requirements of RCW 48.13.260, an insurer may
invest any of its funds in common shares
of stock in solvent United states corporations that qualify as a sound investment;
except,
that as to
life insurers such
investments shall further not aggregate an
amount in excess of fifty percent of the
insurer's surplus over its minimum required surplus.
(2)
The insurer shall not invest in or
loan upon the security of more than ten
percent of the outstanding common sh~res
of
any one such corporation, subject
further to the aggregate investment limitation of RCW 48.13.030.
(1}
1973 RCW SUPP.
[
497
)
48.13.220
INSURANCE
----------------------------48.13.290
Ql~!b Ql INELIGI~1] PROPOR SECY.llli~.!.
( 1)
Any ineligible
personal property or securities acquired
by an
insurer may be required to be
disposed of within the time not less than
six months specified by order of the
commissioner, unless before that time it
attains the standard of eligibility, if
retention of such property or securities
would he contrary to the policyholders or
public interest in that it tends
to
substantially lessen competition in thP.
insurance business or threatens impairment
of the financial condition of the insurer.
(2)
Any prohibited personal property or
securities acquired by an insurer shall be
disposed of forthwith or within any period
specified by order of the commissioner.
(3)
Any property or securities ineligible only because of being excess of the
amount permitted under this chapter to be
invested in the category to which it
belongs shall be ineligible only to the
extent of such excess. [1973 c 151 § 5;
1947 c 79 § .13.29;
Rem.
Supp.
1947 §
45.13.29.]
The following shall be the only factors to
be considered in making the foregoing
deter min at ion:
(a)
The availability of the funds or
assets required for such acquisition;
(b)
The fairness of any exchange of
stock, assets, cash,
or other consideration for the stock or assets to be
received;
(c)
The impact of the new operation on
the parent insurer's surplus and existing
insurance business and the risks inherent
in the parent insurer's investment portfolio and operations;
(d)
The fairness and adequacy of the
financing proposed for the subsidiary;
(e)
The likelihood of undue concentration of economic power;
(f)
Whether the effect of the acqul.Sl.tion may be substantially to lessen competition in any line
of
commerce
in
insurance or to tend to create a monopoly
therein; and
(g)
Whether the acquisition might result in an exc~ssive proliferation of
subsidiaries which would tend to unduly
dilute management effectiveness or weaken
financial strength or otherwise be contrary to the best interests of the parent
insurer's policyholders or of the people
of this state.
At any time after an
acquisition,
the commissioner may order
its disposition if he finds, after notice
and hearing, that its continued retention
is hazardous or prejudicial to the inter~
ests of the parent insurer's policyholders.
The contents of each notice of
intention of a proposed acquisition filed
hereunder
and
information
pertaining
thereto shall be kept confidential, shall
not be subject to subpoena, and shall not
be made public unless after notice and
hearing the commissioner determines that
the interests of policyholders, stockholders, or the public will be served by the
publication thereof.
(5)
A domestic insurance company may,
provided
that it maintains books and
records which separately account for such
business, engage directly in any business
referred to in paragraphs (d),
(e),
(h),
and
(j) of subsection (3) of this section
either to the extent necessarily or properly incidental to the insurance business
the insurer is authorized to do in this
state or to the extent approved by the
commissioner and subject to any limitations he may prescribe for the protection
of the interests of the policyholders of
the insurer after taking into account the
effect of such business on the insurer's
existing insurance business and its surplus. the proposed allocation of
the
estimated cost of such business, and the
risks inherent in such business as well as
the relative advantages to the insurer and
its policyholders of conducting such business directly instead of through a subsidiary.
[1973 c 151 § 4; 1949 c 190 § 18;
1947 c
79 § .13.22;
Rem. Supp. 1949 §
"5.13.22. J
[
ID!ll
Chapter 48. 17
AGENTS, BROKERS, SOLICITORS, AND ADJUSTERS
48. 17.330
NOlf!!~~IDIDii AGEB~ AND
~RO.:
KERS--RECIPRQ£11!.!.
(1)
The commissioner
may license as an agent or as a broker, a
person who is otherwise qualified therefor
under this code but who is not a resident
of or domiciled in this state, if by the
laws of the state or province of his
residence or domicile a similar privilege
is extended to residents of or corporations domiciled in this state.
(2)
Any such licensee shall be subject
to the same obligations and limitations,
and to the commissioner's supervision as
though
resident or domiciled in this
state, subject to RCW 48.14.040.
(3)
No such person shall be so licensed
unless he files
the power of attorney
provided for in RCW 48.17.340, and, if a
corporation, it must have complied with
the laws of this state governing the
admission of foreign corporations.
(1973
1st ex.s. c 107 § 1; 1955 c 303 § 28; 1947
c 79
§ .17.33; Rem.
supp.
1947
§
45.17.33.]
~gygubilbiY=1973 1.tl ~~ £ lQl.;. "If
any provision of this 1973 amendatory 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." [1973 1st ex.s. c
107 § 5.]
~FUSAkL ~~ggNS!QlfL Egy~!.:
LICE1fB;~.!.
( 1)
The commissioner
48.17.530
.Ilill! QK
may suspend, revoke, or refuse to issue or
renew any license which is issued or may
be
issued under this chapt,er or any
498
]
48.18.020
THE INSURANCE CONTRACT
--------------------------------------------------------------------------------------1st ex.s. c 152 § 2; 1969 ex.s. c
241 §
11;
1967 c 150 § 23; 1947 c 79 § .17.53;
Rem. Supp. 1947 § 45.17.53.]
surplus line broker's license for
any
cause specified in any other provision of
this code, or for any of the following
causes:
(a)
For any cause for which issuance of
the license could have been refused had it
then existed and been known
to
the
commissioner.
(b)
If the licensee or applicant wilfully violates or knowingly participates
in the violation of any provision of this
code or any proper order or regulation of
the commissioner.
(cF If the licensee or applicant has
obtained or attempted to obtain any such
license through wilful misrepresentation
or fraud,
or has failed to pass any
examination required under this chapter.
(d)
If the licensee or applicant has
misappropriated or converted to his own
use or has illegally withheld
moneys
required
to
be held in a fiduciary
capacity.
(e)
If the licensee or applicant has,
with intent to deceive, materially misrepresented
the terms or effect of any
insurance contract; or has engaged or is
about
to
engage
in
any fraudulent
transaction.
(f)
If the licensee or applicant has
been guilty of "twisting," as defined in
RCW 48.30.180, or of rebating, as defined
in chapter 48,30.
(g)
If the licensee or applicant has
been convicted, by final
judgment, of a
felony.
(h)
If the licensee or applicant has
shown himself to be, and is so d~emed by
the commissioner, incompetent, or untrustworthy,
or a source of injury and loss to
the public.
(i)
If the licensee has dealt with, or
attempted to deal with, insurances, or to
e~ercise
powers relative to insurance
outside the scope of his licenses.
(2)
If any natural person named under a
firm or corporate license, or application
therefor, commits or has committed any act
or fails or has failed to perform any duty
which is a ground for the commissioner to
revoke, suspend or refuse to issue or
renew
the license or application for
license, the commissioner may
revoke,
suspend,
refuse to renew, or refuse to
issue:
(a)
The license, or application therefor, of the corporation or firm; or
(b)
The right of the natural person to
act thereunder; or
(c)
Any other license held or applied
for by the natural person; or
(d)
He may take all such steps.
(3)
Any conduct of an applicant or
licensee
which constitutes ground for
disciplinary action under this code shall
be deemed such ground notwithstanding that
such conduct took place in another state.
(4)
The holder of any license which has
been revoked or suspended shall surrender
the license certificate to the commissioner at the commissioner's request.
[1973
1973 RCW SUPP.
[
~~y~gbili ty=-::.1211
note following RCW
1§.1
~!.=-~..:..
48.~5.140.
£ 152i,
See
48 • 17. 54 0 U oc ID2QM IQ 2.!!2R1Ui.QL !!nQ.!S~
Q~ !!lir.!!~~==~fi~~! OF ~ON!I~!lQ! Ql llbQ!!..:..
(1)
The commissioner shall revoke or
refuse to renew any such license immediately and without hearing, upon conviction
of the licensee of a
felony by final
judgment of any
court
of
competent
jurisdiction.
(2)
The commissioner may suspend, revoke, or refuse to renew any such license:
(a)
By order given to the licensee not
less
than fifteen days prior to the
effective date thereof,
subject to the
right of the licensee to have a hearing as
provided in RCW 48.04.010; or
(b)
by an order on hearing made as
provided in RCW 34.04.120 effective not
less than ten days after date of the
giving of the order, subject to the right
of the licensee to appeal to the superior
court.
(1973 1st ex.s. c 107 § 2; 1967 c
150 § 24; 1947 c 79 § .17.54; Rem. Supp.
1947 § 45.17.54.]
2~~rabi_l,ity~.121J
1§1
~x.s.
£
llli
See
note following RCW 48.17.330.
Chapter 48.18
THE INSURANCE CONTRACT
48.18.020
RQ~£ !Q ~ON!!!A&~
(1)
Any
person eighteen years or older shall be
considered of full legal age and may
contract for or with respect to insurance.
Any person seventeen years or younger
shall be considered a minor for purposes
of Title 48 RCW.
(2)
A minor not less than fifteen years
of age as at nearest birthday may,
notwithstanding such minority, contract for
life or disability insurance on his own
life or body, for his own benefi~ or for
the benefit of his father, mother, spouse,
child,
brother, sister, or grandparent,
and may exercise all rights and powers
with respect to or under the contract as
though of full legal age, and may surrender his interest therein and give a valid
discharge for any benefit accruing or
money payable thereunder. The minor shall
not, by reason of his minority,
be entitled to rescind, avoid, or repudiate the
contract, or any exercise of a right or
privilege thereunder,
except, that such
minor, not otherwise emancipated, shall
not be bound by any unperformed agreement
to pay, by promissory note or otherwise
any premium on any such insurance contract.
( 1973 1st ex.s. c 163 § 2;
1970
ex.s. c
17 § q· 1947 c 79 § .18.02; Rem.
Supp. 1947 § 45.18.02.]
499
J
48.18.030
INSURANCE
--------------------------------~ORAB1£; Jlli.!!E21=-PERSON!k
(1)
Any individual of competent legal capacity may procure or effect
an insurance contract upon his own life or
body for the benefit of any person.
But
no person shall procure or cause to be
procured any insurance contract
upon the
life or body of another individual unless
the benefits under such contract
are
payable to the individual insured or his
personal representatives, or to a person
having, at the time when such contract was
made, an insurable interest in the individual insured.
(2)
If the beneficiary, assignee or
other payee under any contract made in
violation of this section receives from
the insurer any benefits thereunder accruing upon the death, disablement or injury
of the individual insured, the individual
insured or his executor or administrator,
as the case may be, may maintain an action
to recover such benefits from the person
so receiving them.
(3)
"Insurable interest" as used in
this section and in RCW 48.18.060 includes
only interests as follows:
(a)
In the case of ~ndividuals related
closely by blood or by law, a substantial
interest engendered by love and affection;
and
(b)
in the case of other persons, a
lawful and substantial economic interest
in having the life, health or bodily
safety of the individual insured continue,
as distinguished from an interest which
would arise only by, or would be enhanced
in value by, the death, disablement or
injury of the individual insured.
(c)
An individual heretofore or hereafter party to a contract or option for the
purchase or sale of an interest in a
business partnership or firm, or of shares
of stock of a close corporation or of an
interest in such shares, has an insurable
interest in the life of each individual
party to such contract and for the purposes of such contract only, in addition to
any insurable interest which may otherwise
exist as to the life of such individual.
(d)
A guardian, trustee or other fiduciary has an insurable interest in the
life of any person for whose benefit the
fiduciary holds property, and in the life
of any other individual in whose life such
person has an insurable interest.
(1973
1st ex.s. c 89 § 3; 19q7 c 79 § .18.03;
Rem. Supp. 1947 § 45.18.03.]
48.16.030
!~URAIS;ES:
----------------------------(a)
The insurer gives the named ibsured
at least twenty days• notice in writing as
provided for in RCW 48.18.291 (1), that it
proposes to refuse to renew the insurance
contract upon its expiration date; and
sets forth therein the actual reason for
refusing to renew; or
(b)
The insurer has communicated its
willingness to renew in writing to the
named insured, and has included therein a
statement of the amount of the premium or
portion thereof required to be paid by the
insured to renew the policy and the date
by which such payment must be made, and
the insured fails to discharge when due
his obligation in connection with the
payment of such premium or portion thereof; or
(c) The insured's agent or broker has
procured other coverage acceptable to the
insu~ed at least twenty days prior to
the
expiration of the policy period.
(2)
Renewal of a policy shall not constitute a waiver or ~stoppel with respect
to grounds for cancellation which existed
before the effective date of such renewal.
11 Renewal 11 or 11 to renew"
(3)
means the
issuance and delivery by an insurer of a
policy replacing at the end of the policy
period a policy previously issued and
delivered by the same insurer, or the
issuance and delivery of a certificate or
notice extending the term of a policy
beyond its policy period or term: PROVIDED, HOWEVER, That any policy with a policy
period or term of six months or less
whether or not made continuous for succes·
sive terms upon the payment of additional
premiums shall for the purpose of RCW
48.18.291 through 48.18.297 be considered
as if written for a policy period or term
of six months:
PROVIDED, FURTHER, That
any policy written for a term longer than
one year or any policy with no fixed
expiration date~ shall, for the purpose of
RCW 48.18.291
through 48.18.297, be considered as if written for
successivP.
policy periods or terms of one year.
[1973 1st ex.s. c 152 § 3;
1969 ex.s. c
24 1 § 2 0. ]
~evgrab!.ll:t.Y::_J273 1st 2.!~2~ £ 152:
note following RCW 48.05.140.
48.18.298
AL
cross Reference:
Investments by guardians, trustees or
other fiduciaries in policies of life
insurance:
RCW 30.24.120.
48.18.292
REFUSAL TO SENEW gli!Y!!~ AU=
.IQHDBJLE 11'!2UR!]~J; ~ I~RER.
( 1)
Each
insurer shall be required to renew any
contract of insurance subject to
RCW
48.18.291
unless one of the following
situations exists:
( 500
1Q
REN~~
See
QI~LITY IliSUB!NfE==BEIQ~:
BY INSURER.
No insurer shall
refuse to renew-iny-policy of individual
disability insurance issued after July 1,
1973 b~cause of a change in the physical
or mental condition or health of any
person covered thereunder: PROVIDED, That
after approval of the insurance commissioner,
an insurer may discharge its
obligation to renew the contract by obtaining for the insured coverage with
another insurer which is comparable in
terms of premiums and benefits. ( 1973 1st
ex.s. c 188 § 1.)
]
VARIABLE CONTRACT ACT
48.18A.020
--------------------------------------------------------------------------------------S~§£.9.!!.ili ty
1lli jst ex. s.:. £ ill.:. "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."
[1973 1st ex.s. c 188 § 5.]
48.18.299
DI~~IIX
INSUg!~~E--CAN=
CELLATIO! ~X INSURE~
No contract of
insurance
enumerated in RCW 48.18.298
shall be terminated by cancellation by the
insurer during the period of contract
except for nonpayment of premium.
This
section shall not be deemed to affect the
right of the insurer to rescind the policy
as limited and defined in RCW 48.18.090.
[ 1973 1st ex.s. c 188 § 2.]
severabilit): 197.J 1.21 g~ £
note following RCW 48.18.298.
~
See
48.18.375
~~n]NT Qf I!I]~~
QB=
DER GROUP .!~Slli]g .f.QLICX.:_
A person
WhOse--IIte ~s insured under a
group
insurance policy may, subject and pursuant
to the terms of the policy, or pursuant to
an arrangement between the insured, the
group policyholder and the insurer, assign
to
any or all his spouse, children,
parents, or a trust for the benefit of any
or all of them, all or any part of his
incidents of ownership, rights, title, and
interests, both present and future, under
such policy including specifically,
but
not by way of limitation, the right to
designate a beneficiary or beneficiaries
thereunder
and the right to have an
individ~al policy issued to him in case of
termination of employment or of said group
insurance policy.
such an assignment by
the. insured, made either before or after
July 16, 1973, is valid for the purpose of
vesting in the assignee, in accordance
with any provisions included therein as to
the time at which it is to be effective,
all of such incidents
of
ownership,
rights,
title, and interests so assigned,
but without prejudice to the insurer on
account of any payment it may make or
individual policy it may issue prior to
receipt of notice of the assignment.
This
section acknowledges, declares, and codifies the existing right of assignment of
interests under group insurance policies.
(1973 1st ex.s. c 163 § 3.]
n!l QIVE !~QQ!IIANC~
(1947 c 79 § .18.38; Rem.
Supp. 1947 § 45.18.38.] Repealed by 1973
1st ex.s. c 163 § 11.
48.18.380
~OR
111~ .!]~RANf~
1973 RCW SUPP.
[ 501
Chapter 48.18A
VARIABLE CONTRACT ACT
48.1&!.020
~~!1~
!CCOU~!~
!QiliQ=
RI~ED--A11Q~!IJQNS==]~~~FII~==LittJI!=
IBAB~!~B
IIQMS-=!!1Q!I.ION==SALEL
OR
A dcmest ic life
insurer may, by or pursuant to resolution
of its board of directors, establish one
or more separate accounts, and may allocate thereto amounts
(including without
limitation proceeds applied under optional
modes of settlement or under dividend
options) to provide for life insurance or
annuities
(and other benefits incidental
thereto), payable in fixed or variable
amounts or both, subject to the following:
(1)
The income, gains, and losses, realized or unrealized, from assets allocated to a separate account shall be credited
to or charged against the account, without
regard to other income, gains, or losses
of the insurer.
(2)
(a)
Except as hereinafter provided, amounts allocated to any separate
account and accumulations thereon may be
invested and reinvested without regard to
any r~quirements or limitations prescribed
by the laws of this state governing the
investments of life insurers:
PROVIDED,
That to the extent that the insurer's
reserve liability witt. regard to
(i)
benefits guaranteed as to dollar amount
and duration, and (ii)
funds guaranteed
as to principal amount or stated rate of
interest is maintained in any separate
account, a portion of the assets of such
separate account at least equal to such
reserve liability shall be invested under
such conditions as the commissioner may
prescribe.
The investments in such separate account or accounts shall not be
taken into account in applying the investment limitations applicable to the investments of the insurer.
(b)
With respect to seventy-five percent of the market value of th~ total
assets in a separate account nv insurer
shall purchase or otherwise acquire the
securities of any issuer, other
than
securities issued or guaranteed as to
principal or interest by
the
United
States, if immediately after such purchase
or acquisition the market value of such
investment,
together with prior investments of such separate account in such
security taken at market value,
would
exceed ten percent of the market value of
the
assets of such separate account:
PROVIDED, That the commissioner may waive
such limitation if, in his opinion, such
waiver will not render the operation of
such separate account hazardous to the
public or the policyholders in this state.
(c)
Unless otherwise permitted by law
or approved by the commissioner, no insurer s~Q~l purchase or otherwise acquire for
its separate accounts the voting securities of any issuer if as a tesult of such
acquisition the insurer and its separate
accounts, in thE aggregate, will own more
H~B!l!ml
]
Qf.
!~~
48.18A.020
INSURANCE
than ten percent of the total issued and
outstanding
voting securities of such
issue-r-:
PROVIDED, That the
foregoing
shall not apply with respect to securities
held in separate accounts,
the voting
rights in which are exercisable only in
accordance with instructions from persons
-laving interests in such accounts.
(d)
The limitations provided in parag~aphs
{b)
and
(q of this subsection
shall not apply to the investment with
respect to a separate account in the
securities of an investment company registered under the United States Investment
Company Act of 1940: PROVIDED,
That the
investments of such investment company
shall comply in substance therewith.
(3)
Unless otherwise approved by the
commissioner, assets allocated to a separate account shall be valued at their
market value on the date of valuation, or
if there is no readily available market,
then as provided under the terms of the
contract or the rules or other written
agreement applicable to such
separate
account:
PROVIDED, That unless otherwise
approved by the commissioner, the portion,
if any,
of the assets of such separate
account equal to the insurer's reserve
liability with regard to the guaranteed
benefits and funds referred to in subsection
(2)
of this section shall be valued
in accordance with the rules otherwise
applicable to the insurer's assets.
(4)
Amounts allocated to a separate
account in the exercise of the power
granted by this chapter shall be owned by
the insurer and the insurer shall not be,
nor hold itself out to be, a trustee with
respect to such amounts.
If and to the
extent so provided under the applicable
contracts, that portion of the assets of
any such separate account egual to the
reserves and other contract liabilities
with respect to such account shall not be
chargeable with liabilities arising out of
any other business
the
insurer
may
conduct.
(5)
No sale, exchange or other transfer
of assets may be made by an insurer
between any of its separate accounts or
between any other investment account and
one or more of its separate accounts
unless,
in case of a transfer into a
separate account, such transfer is made
solely to establish the account or to
support the operation of the contracts
with respect to the separate account to
which the transfer is made,
and unl.ess
such transfer,
whether into or from a
separate account, is made
(a)
by
a
transfer of cash, or (b)
by a transfer of
securities having a readily determinable
market value: PROVIDED, That such transfer of securities is approved by the
commissioner.
The commissioner may approve other transfers among such accounts,
if,
in his opinion, such transfers would
not be inequitable.
(6)
To the extent such insurer deems it
necessary to comply with any applicable
federal or state law, such insurer, with
[
respect to any separate account, including
without limitation any separate account
which is a management investment company
or a
unit investment trust, may provide
for persons having interest therein, as
may
be appropriate, voting and other
rights and special procedures for thQ
conduct of the business of such account,
including without
limitation,
special
rights and procedures relating to investment policy, investment advisory services,
selection of independent public accountants, and the selection of a committee,
the members of which need not be otherwise
affiliated with such insurer, to manage
the business of such account. (1973 1st
ex.s. c 163 § 4; 1969 c 104 § 2.]
48 .18A.030
~fiTEME.HI~ ill!.Q!U.R~Q !! £Q.l!,:
TR~-PAY,!1£;NT ill! QEAT!!L ll!Cill!!IM ill.t.:
lli
PRQYI~I.Qfu.
(1)
Every variable
contract providing benefits payable in
variable amounts delivered or issued for
delivery in this state shall contain a
statement of the essential features of the
procedures to be followed by the insurer
in determining the dollar amount of such
variable benefits.
Any such
contract
under which the benefits vary to reflect
investment experience, including a group
contract and any certificate in evidence
of variable benefits issued thereunder,
shall state that such dollar amount will
so vary and shall contain on its first
page a statement to the effect that the
benefits thereunder are on a variable
basis.
(2)
Variable annuity contracts delivered or issued for delivery in this state
may include as an incidental
benefit
provision for payment on death during the
deferred period of an amount not in excess
of the greater of the sum of the premiums
or stipulated payments paid under the
contract or the value of the contract at
time of death.
For this purpose such
benefit shall not be deemed to be life
insurance and therefore not subject to any
statutory provisions governing life insurance contracts.
A provision for any other
benefits on death during the deferred
period vill be subject to such insurance
law provisions.
[1973 1st ex.s. c 163 §
5; 1969 c 104 § 3.)
48.18!.050
APPLICABILITY OF OTHER CODE
PROVISIO.H.§.=;:£0NTRACT-REQUIEiMENTS:-- The
provisions of RCW 48.23.020, 48.23.03C,
48.23.080 through 48.23.120, 48.23.140,
48.23.150,
48.23.200 through 48.23.240,
48.23.310,
48.23.350,
and 48.23.360, and
the provisions of chapter 48.24 RCW shall
be inapplicable to variable contracts; nor
shall any provision in the code requiring
contracts to be participating be deemed
applicable to variable contracts.
Except
as otherwise provided in this chapter, all
pertinent provisions of the insurance code
shall
apply to separate accounts and
502
]
DISABILITY INSURANCE
48.20.411
--------------------------------------------------------~------------------------------
contracts relating thereto. Any individual variable life insurance or individual
variable annuity contract delivered or
issued for delivery in this state shall
contain grace, reinstatement, and nonforfeiture provisions appropriate to such
contracts, and any such variable life
insurance contract shall provide that the
investment experience of the
separate
account shall in no event operate to
reduce the death benefit below an amount
equal to the face amount of the contract
at the time the contract was issued.
Any
individual variable life insurance contract may contain a provision for deduction from the death proceeds of amounts of
due and unpaid premiums or of indebtedness
which are appropriate to such contracts.
The reserve liability for variable annuities shall be established in accordance
with actuarial procedures that recognize
the variable nature of the benefits provided and any mortality guarantees. (1973
1st ex.s. c 163 § 6; 1969 c 104 § 5.]
48.18A.060
LI~~]§IN2 ]!2QIREM]]I~
No
person shall be or act as an agent for the
solicitation or sale of variable contracts
except while duly appointed and licensed
under the insurance code as a life insurance agent with respect to the insurer,
and while duly licensed as a security
salesman or securities broker under a
license issued by the administrator of
securit~es
pursuant to the securities act
of this state; except that any person who
participates only in the sale or offering
for sale of variable contracts which fund
corporate plans meeting the requirements
for qualification under sections 401 or
403 of the United states internal revenue
code need not be licensed pursuant to the
securities act of this state. [1973 1st
ex.s. c 163 § 7; 1969 c 104 § 6.]
Chapter 48.20
DISABILITY INSURANCE
cross Reference:
Refusal to renew or cancellation of disability
insurance:
RCW
48.18.298,
48.18.299.
48.20.052
~I!!Q!RQ PRQ!!§IQ]
NO~
l==
LI!tll Q] g!IT,A!.] .Q]£:,£;NS£;~ There
shall be a provision as follows:
TIME LIMIT
ON CERTAIN DEFENSES:
(a)
After two years from the date of issue of
this policy no misstatements except fraudulent misstatements, made by the applicant
in the application for such policy shall
be used to void the policy or to deny a
claim for loss incurred or disability (as
defined in the policy)
commencing after
the expiration of such two year period.
(The foregoing policy provision shall
not be so construed as to affect any legal
!.ill~
1973 RCW SUPP.
requirement for avoidance of a policy or
denial of a claim during such initial two
year period, nor to limit the application
of RCW 48.20.172,
48.20.182, 48.20.192,
48.20.202, and 48.20.212 in the event of
misstatement with respect to age or occupation or other insurance.)
(A policy
which the insured has the
right to continue in force subject to its
terms by the timely payment of premium (1)
until at least age 50 or, (2)
in the case
of a policy issued after age 44, for at
least five years from its date of issue,
may contain in lieu of the foregoing the
following provision (from which the clause
in parentheses may be omitted at the
insurer's option)
under
the
caption
"INCONTESTABLE":
"After this policy has been in force for
a period of two years during the lifetime
of the insured
(excluding any
period
during which the insured is disabled), it
shall become incontestable as to
the
statements contained in the application.")
(b)
No claim for loss incurred or disability (as defined in the policy) commencing after two years from the date of issue
of this policy shall be reduced or denied
on the ground that a disease or physical
condition not excluded from coverage by
name or specific description effective on
the date of loss had existed prior to the
effective date of coverage of this policy.
(More stringent provisions may be required
by the commissioner in connection with
individual disability policies spld without any application or with minimal applications).
[ 1973 1st ex.s. c
152 § 4;
1969 ex.s. c 241 § 12; 1951 c 229 § 6.]
~g~,U.QjJ,it.Y==l273 l§i ,g,!~ f. 152,i.
note following RCW 48.05.140.
See
48.20.411
BENEFII§ EQR §~RV!.£~2 R~£=
FOJH1!Q BY REQISTERED NU!i.§.ES.:..
Not withstanding any provision of any disability
insurance contract as provided for in this
chapter,
benefits shall not be denied
thereunder for any health care service
performed by a holder of a license issued
pursuant to chapter 18.88 RCW if (1) the
service performed was within the lawful
scope of such person•s license, and (2)
such contract would have provided benefits
if such service had been performed by a
holder of a license issued pursuant to
chapter 18.71 RCW:
PROVIDE"D,
HOWEVER,
That no provision of chapter 18.71 RCW
shall be asserted to deny benefits under
this section.
The p~ovisions of this section are intended to be remedial and procedural to
the extent they do not impair the obligation of any existing contract. (1973 1st
ex • s. c 18 8 § 3. ]
2g.Y~!:~lili ty==~73 1st g,!.:,.2.:.. f.
110te following RCW 48.18.298.
[ 503 ]
l.§.l!l.
See
Ch. 48.21
INSURANCE
-------------------------------------------------------------~-------------------------
Chapter 48.21
GROUP AND BLANKET DISABILITY INSURANCE
Cross Reference:
Refusal to renew or
disability
insurance:
48.18.299.
cancellation of
RCW 48.18,298,
48.21.141
~EFIT~ ~]IQR~ED BY REGISTERED NURSES.
Notwithstanding any provisiongroup disability insurance
contract or blanket disability insurance
contract as provided for in this chapter,
benefits shall not be denied thereunder
for any health service performed by a
holder of a license issued pursuant to
chapter
18.88 RCW if
(1) the service
performed was within the lawful scope of
such person's license, and (2) such contract would have provided benefits if such
service had been performed by a holder of
a license issued pursuant to chapter 18.?1
RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to
deny benefits under this section.
The provisions of this section are intended to be remedial and procedural to
tne extent they do not impair the obligation of any existing contract. [1973 1st
ex.s. c 188 § 4.]
or--any
~g:!.!lla£ili.1J=.12.:U 1.g ex.s. £ 188.;_
note following RCW 48.18.298.
See
Chapter 48. 21A
DISABILITY INSURANCE--EXTENDED HEALTH
Cross Reference:
Refusal to renew or cancellation of disability
insurance:
RCW
48.18.298,
48.18.299.
Chapter 48.23
LIFE INSURANCE AND ANNUITIES
48.23.350
~I!NDARQ NO!FOgFEIIQRE ~
1IF~ INSUR!H~~
(1}
This section shall
be known as the standard nonforfeiture
law.
(2)
Nonforfeiture provisions-Life: In
the case of policies issued on or after
the operative date of this section as
defir.ed in subsection (8), no policy of
life insurance, except as stated in subsection (7) , shall be delivered or is~~ed
for delivery in this state unless it shall
contain in substance the following provisions, or corresponding provisions which
in the opinion of the commissioner are at
least as favorable to the defaulting or
surrendering policyholder:
(a)
That, in the event of default in
any premium payment, the insurer will
grant, upon prope~ request not later than
sixty days after the due date of the
premium in default, a paid-up nonforfeiture benefit on a plan stip~lated in the
policy, effective as of such due date, of
[ 504
such
value
as
may
be
hereinafter
specified.
(b)
That, upon surrender of the policy
within sixty days after the due date of
any premium payment in default
after
premiums have been paid for at least three
full years in the case of ordinary insurance or five full years in the case of
industrial insurance,
the insurer will
pay, in lieu of any paid-up nonforfeiture
benefit, a cash surrender value of such
amount as may be hereinafter specified.
(c)
That a specified paid-up nonforfeiture benefit shall become effective as
specified in the policy unless the person
entitled to maKe such election elects
another available option not later than
sixty days after the du~ date of the
premium in default.
(d)
That, i f the policy shall have
become paid-up by completion of all premium payments or if it is continued under
any paid-up nonforfeiture benefits which
become effective on or after the third
policy anniversary in the case of ordinary
insurance or the fifth policy anniversary
in the case of industrial insurance, the
insurer will pay, upon surrender of the
policy within thirty days after any policy
anniversary,
a cash surrender value of
such amount
as
may
be
hereinafter
specified.
{e)
A statement of the mortality table
and interest rate used in calculating the
cash surrender valQes and the paid-up
nonforfeiture benefits available under the
policy, together with a table showing the
cash surrender value, if any, and paid-up
nonforfeiture benefit, if any, available
under the policy on each policy anniversary either during the first twenty policy
years or during the term of the policy,
whichever is shorter, such values and
benefits to be calculated upon the assumption that th~re are no dividends or paid•
up additions credited to the policy and
that there is no indebtedness to the
insurer on the policy.
(f)
A statement that the cash surrender
values and the paid-up nonforfeiture benefits available under the policy are not
less than the minimum values and benefits
required by or pursuant to the insurance
law of this state; an explanation of the
manner in which the cash surrender values
and the paid-up nonforfeiture benefits are
altered by the existence of any paid-up
additions credited to the policy or any
indebtedness to the insurer on the policy;
if a detailed statement of the method of
computation of the values and benefits
shown in the policy is not s~ated therein,
a statement that such method of computation has been filed with the insurance
supervisory official of the state in which
the policy is delivered; and a statement
of the method to be used in calculating
the
cash surrender value and paid-up
nonforfeiture benefit available under the
policy on any policy anniversary beyond
the last anniversary for which such values
LIFE INSURANCE AND ANNUITIES
48.23.350
-----------------------------------------------------------------------------~---------
and benefits are consecutively shown iR
the policy.
Any of the foregoing provisions
or
portions thereof not applicable by reason
of the plan of insurance may,
to the
extent inapplicable,
be omitted from the
policy.
The insurer shall reserve the right to
defer the payment of any cash surrender
value for a period of six months after
demand therefor with surrender of the
policy.
(3)
cash surrender value--Life:
Any
cash surrender value available under the
policy in the event of default in a
premium payment due on any policy anniversary, whether or not required by subsection (2)
of this section, shall be an
amount not less than the excess,
if any.
of the present value, on such anniversary,
of the future guaranteed benefits which
would have been provided for by the policy
including any existing paid-up additions,
if there had been no default, over the sum
of (a)
the then present value of the
adjusted premiums as defined in subsections {5), {Sa) and {Sb) of this section
corresponding to premiums which would have
fallen due on and after such anniversary,
and (b)
the amount of any indebtedness to
the insurer on account of or secured by
the policy.
Any cash surrender value
available within thirty days after any
policy anniversary under any policy paidup by completion of all premium payments
or any policy continued under any paid-up
nonforfeiture benefits whether or
not
required by such subsection (2), shall be
an amount not less than the present value,
on such anniversary, of the future guaranteed benefits provided for by the policy
including any existing paid-up additions,
decreased by any indebtedness to
the
insurer on account of or secured by the
policy.
(4}
Paid-up
nonforfeiture
benefit-Life:
Any paid-up nonforfeiture benefit
available under the policy in the event of
default in a premium payment due on any
~olicy
anniversary shall be such that its
present value as of such anniversary shall
be at least equal to the cash surrender
value then provided for by the policy or,
if none is provided for, that cash surrender value which would have been required
by this section in the absence of the
condition that premiums shall have been
paid for at least a specified period.
(5)
The adjusted premium--Life:
Except
as provided in the third paragraph of this
subsection, the adjusted premiums for any
policy shall be calculated on an annual
basis and shall be such uniform percentage
of the respective premiums specified in
the policy for each policy year, excluding
extra premiums on a substandard policy,
that the present value,
at the date of
issue of the policy, of all such adjusted
premiums shall be equal to the sum of
(a)
the then present value of the future
guaranteed benefits provided for by the
policy;
(b)
two percent of the amount of
1973 RCW SUPP.
[
insurance, if the insurance be uniform in
amount,
or of the equivalent uniform
amount, as hereinafter defined,
if the
amount of insurance varies with duration
of the policy; (c)
forty percent of the
adjusted premium for
the first
policy
year; (d)
twenty-five percent of either
the adjusted premium for the first policy
year or the adjusted premium for
a whole
life policy of the same uniform or equivalent uniform amount with uniform
premiums
for the whole of life issued at the same
age for the same amount of insurance,
whichever is less:
PROVIDED,
That in
applying the percentages specified in
(c)
and
(d)
above, no adjusted premium shall
be deemed to exceed four percent of the
amount of insurance or unifo~m amount
equivalent thereto.
Whenever the plan or
term of a policy has been changed, either
by request of the insured or automatically
in accordance with the provisions of the
policy, the date of inception of the
changed policy for the purposes of determining a nonforfeiture benefit or cash
surrender value shall be the date as of
which the age of the insured is determined
for the purpose of the changed policy.
in the case of a policy providing an
amount of insurance varying with duration
of the policy,
the equivalent uniform
amount thereof for the purpose of this
subsection shall be deemed to be the
uniform amount of insurance provided by an
otherwise similar policy, containing the
same endowment benefit or benefits, if
any, issued at the same age and for the
same term,
the amount of which does not
vary with duration and the benefits under
which have the same present value at the
date of issue as the benefits under the
policy,
provided,
however, that in the
case of a policy,
providing a varying
amount of insurance issued on the life of
a child under age ten, the equivalent
uniform amount may be computed as though
the amount of insurance provided by the
policy prior to the attainment of age ten
were the amount provided by such policy at
age ten.
The adjusted premiums for any policy
providing term insurance benefits by rider
or supplemental policy provision shall be
equal to (i)
the adjusted premiums for an
otherwise similar policy issued at the
same
age without such term insurance
benefits, increased, during the period for
which premiums for such term insurance
benefits are payable, by (ii)
the adjusted premiums for such t_erm insurance, the
foregoing items (i) and (ii) being calculated separately and as specified in the
first two paragraphs of this subsection
except that, for the purposes of (b), (c)
and (d) of the first such paragraph, the
amount of insurance or equivalent uniform
amount of insurance used in the calculation of the adjusted premiums referred to
in (ii)
shall be equal to the excess of
the corresponding amount determined for
the entire policy over the amount used in
505 ]
48.23.350
INSURANCE
-----------------------------------------------------------------------------the calculation of the adjusted premiums
in (i) •
Except as otherwise provided in subsections
(Sa)
and (5b) of this section, all
adjusted premiums and present values referred to in this section shall for all
policies of ordinary insurance be calculated on the basis of the Commissioners
1941 Standard ordinary ftortality Table:
PROVIDED, That for any category of ordinary insurance issued on female risks on
or after July 1, 1957, adjusted premiums
and present values may be
calculated
according to an age not more than three
years younger than the actual age of the
insured, and such calculations for all
policies of industrial insurance shall be
made on the basis of the 1941 Standard
Industrial Kortality Table. All calculations shall be made on the basis of the
rate of interest, not exceeding three and
one-half percent per annum, specified in
the policy for calculating cash surrender
values and paid-up nonforfeiture benefits:
PROVIDED, That in calculating tbe present
value of any paid-up term insurance with
accompanying pure endowment, if any, offered as a nonforfeiture benefit, the
rates of mortality assumed may be not more
than one nundred and thirty percent of the
rates of mortality according to
such
applicable table: PROVIDED FURTHER, That
for insurance issued on a substandard
basis, the calculation of any such adjusted premiums and present values may be
based on such other table of mortality as
may be specified by the insurer
and
approved by the commissioner.
(Sa)
In the case of ordinary policies
issued on or after the operative date of
this subsection (Sa}
as defined herein,
all adjusted premiums and present values
referred to in this section shall be
calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table
and the rate of interest, not exceeding
three and one-half percent per annum,
specified in the policy for calculating
cash surrender values and paid-up nonforfeiture benefits,
provided, that such
rate of interest shall not exceed three
and one-half percent per annum except that
a rate of interest not exceeding four
percent per annum may be used for policies
issued on or after July 16, 1973, and
provided that for any category of ordinary
insurance issued on female risks, adjusted
premiums and present values may be calculated according to an age not more tpan
three years younger than the actual age of
the insured. Provided~ however, that in
calculating the present value of any paidup term insurance with accompanying pure
endowment, if any, offered as a nonforfeiture benefit, the rates of mortality
assumed may be not more than those shown
in the Commissioners 1958 Extended Term
Insurance Table.
Provided, further, That
for insurance issued on a substandard
basis, the calculation of any such adjusted premiums and present values may be
based on such other table of mortality as
may be specified by the insurer
and
approved by the commissioner.
On or after June 11, 1959, any insurer
may file with the commissioner a written
notice of its election to comply with the
provisions of this subsection, either as
to designated ordinary policies or as to
all ordinary policies issued by it, after
a specified date before January 1, 1966.
After the filing of such notice, then upon
such specified date (which shall be the
operative date of this subsection as to
such policies for such insurer), this
subsection shall become operative with
respect to such policies thereafter issued
by such insurer. If an insurer makes no
such election, or so elects to have this
subsection apply as to certain of its
ordinary policies only, the operative date
of this subsection as to all of the
ordinary policies issued by such insurer
(other than those policies as to which the
insurer has elected an earlier operative
date as hereinabove provided)
shall be
January 1, 1966.
(5b)
In the case of industrial policies
issued on or after the operative date of
this subsection
(Sb)
as defined herein,
all adjusted premiums and present values
referred to in this section shall be
calculated on the basis of the Commissioners 1961 Standard Industrial Mortality
Table and the rate of interest,
not
exceeding three and one-half percent per
annum, specified in the policy for calculating cash surrender values and paid-up
nonforfeiture benefits:
PROVIDED,
That
such rate of interest shall not exceed
three and one-half percent per
annum
except that a rate of interest not exceeding four percent per annum may be used for
policies
on or after July 16, 1973:
PROVIDED, That in calculating the present
value of any paid-up term insurance with
accompanying pure endowment, if any, offered as a nonforfeiture benefit, the
rates of mortality assumed may be not more
than those shown in the Commissioners 1961
Industrial Extended Term Insurance Table:
PROVIDED FURTHER, That for insurance issued on a substandard basis, the calculation of any such adjusted premiums and
present values may be based on such other
table of mortality as may be specified by
the
insurer
and
approved
by
the
commissioner.
After the effective date of this amendatory act of 1963, any insurer may file
wi~h the commissioner a written notice
of
its ~lection to comply with the provisions
of this subsection after a specified date
before January 1, 1968. After the filing
of such notice, then upon such specified
date (which shall be the operative date of
this subsection for such insurer). this
subsection shall become operative with
respect to the industrial policies thereafter issued by such insurer.
If an
insurer makes no such election, the operative date of this subsection for such
insurer shall be January 1, 1968.
[ 506 )
LIFE INSURANCE AND ANNUITIES
48.23.360
-------~------------------------------------------------------------------------------
(6)
Calculation of values--Life:
Any
cash
surrender value and any paid-up
nonforfeiture benefit, available under the
policy in the event of default in a
premium payment due at any time other than
on the policy an·niversary, shall be calculated with allowance for the lapse of time
and the payment of fractional premiums
beyond the last preceding policy anniversary.
All values referred to in subsections (3), (4). (5), (Sa) and (5b) of this
section may be calculated upon the assumption that any death benefit is payable at
the end of the policy year of death.
The
net value of any paid-up additions,
other
than paid-up term additions, shall be not
less than the dividends used to provide
such additions. Notwithstanding the provisions of subsection (3) of this section,
additional benefits payable
(a)
in the
event of death or dismemberment by accident or accidental means,
(b)
in the
event of total and permanent disability,
(c)
as reversionary annuity or deferred
reversionary annuity benefits,
(d)
as
term insurance benefits provided by a
rider or supplemental policy provision to
which, if issued as a separate policy,
this section would not apply, (e)
as term
insurance on the life of a child or on the
lives of children provided in a policy on
the life of a parent of the child, if such
term insurance expires before the child's
age is twenty-six, is uniform in amount
after the child's age is one, and has not
become Raid-up by reason of the death of a
parent of the child, and
(f)
as other
pplicy benefits additional to life insurance and endowment benefits, and premiums
for all such additional benefits, shall be
disregarded in ascertaining cash surrender
values and nonforfeiture benefits required
by this section, and no such additional
benefits shall be required to be included
in any paid-up nonforfeiture benefits.
(7)
Exceptions: This section shall not
apply to any reinsurance, group insurance,
pure endowment, annuity or reversionary
annuity contract, nor to any term policy
of uniform amount, or renewal thereof, of
fifteen years or less expiring before age
sixty-six, for which uniform premiums are
payable during the entire term of the
policy, nor to any term policy of decreasing amount on which each adjusted premium,
calculated as specified in subsections
(5), (Sa) and (5b)
of this section, is
less than the adjusted premium so calculated, on such fifteen year term policy
issued at the same age and for the same
initial amount of insurance, nor to any
policy which shall be delivered outside
this state through an agent or otner
representative of the insurer issuing the
policy.
(8)
Operative date:
After the effective date of this section, any insurer may
file
with the commissioner a written
notice of its election to comply with the
provisions o£ this section after a specified date before July 1, 1948. After the
1973 RCW SUPP.
filing of such notice,
then upon such
specified date (which shall be the operative date for such insurer), this section
shall become operative with respect to the
policies thereafter issued by such insurer.
If an insurer makes no such election,
the operative date of this section for
such insurer shall be July 1, 1948. [1973
1st ex.s. c 162 § 5; 1963 c 195 § 20; 1961
c
194 § 7; 1959 c 225 § 8; 1957 c 193 §
15; 1947 c 79 § .23.35; Rem. Supp. 1947 §
45. 23. 35. ]
48.23.360
£A1£ULAIIoB gr NQ!rQaF~ITua~
UN!HH! AID!!!U.IE~.:.
(1)
Nonforfeiture benefits: Any paid-up nonforfeiture benefit available under any annuity or
pure endowment contract pursuant to RCW
48.23.200, in the event of default in a
consideration due on any contract anniversary shall be such that its present value
as of such anniversary shall be not less
than the excess, if any, of the present
value, on such anniversary, of the future
guaranteed benefits
(excluding any total
disability benefits attached to such contracts) which would have been provided for
by the contract including any existing
paid-up additions, if there had been no
default, over the sum of
(a)
the then
present value of the net consideration
defined in subsection (2) of this section
corresponding
to
considerations which
would have fallen due on and after such
anniversary,
and (b)
the amount of any
indebtedness to the company on the contract,
including interest due or accrued.
In determining the benefits referred to in
this section and in calculating the net
consideration referred to in such subsection (2), in the case of annuity contracts
under which an election may be made to
have annuity payments commence at optional
dates,
the annuity payments shall
be
deemed to commence at ~he lat~st date
permitted by the contract for the commencement of such payments and the considerations shall be deemed to be payable
until such date, which, however, shall no~
be later than ~he contract anniversary
nearest
the
annuitant's
seventieth
birthday.
(2)
Net considerations:
The net considerations for any annuity or pure endowment contract referred to in subsection
(1) of this section shall be calculated on
an annual basis, shall be such that the
present value thereof at date of issue of
the annuity shall equal the then present
value of the future benefits thereunder
(excluding any total disability benefits
attached to such contracts) and shall be
not less than the following percentages of
the respective considerations specified in
the contracts for the respective contract
years:
BEJiUII~
First year ••••••••••••••••••• fifty percent
Second and subsequent
years ••••••••••••••••••••• ninety percent
[ 507 ]
48.23.360
INSURANCE
-------------------------------------------------------------------------PROVIDED, That in the case of participating annuity contracts the percentages
hereinbefore specified may be decreased by
five.
(3) Basis of calculation: All net considerations and present values for such
contracts referred to in this section
shall be calculated on the basis of the
1937 Standard Annuity Mortality Table or,
at the option of the insurer, the Annuity
Mortality Table for 1949, Ultimate, or any
modification of either of these tables
approved by the commissioner, and the rate
of interest, not exc~eding three and onehalf percent per annum, specified in the
contract for calculating cash surrender
values, if any, and paid-up non!orfeiture
benefits; except that with respect to
annuity and pure endowment contracts issued on or after the operative date of RCW
48.12.150 (3) (b) (ii) for such contracts,
such rate of interest may be as high as
four percent per annum: PROVIDED, That if
such rate of interest exceeds three and
one-half percent per annum, all net considerations and present values for such
contracts referred to in this section
shal~ be calculated on the 1971 Individual
Annuity Mortality Table, or any modification
of
this table approved by the
commissioner.
(4)
Calculations on default: Any cash
surrender value and any paid-up nonforfeiture benefit, available under any such
contract in the event of default in the
payment of any consideration due at any
time other than on the contract anniversary, shall be calculated with allowance for
the lapse of time and the payment of
fractional considerations beyond the last
preceding contract anniversary. All values herein referred to may be calculated
upon the assumption that any death benefit
is payable at the end of the contract year
of death.
(5)
Deferment of payment: If an insurer provides for the payment of a cash
surrender value, it shall reserve the
right to defer the payment of such value
for a period of six months after demand
therefor with surrender of the contract.
(6)
Lump sum in lieu: Notwithstanding
the requirements of this section, any
deferred annuity contract may provide that
if the annuity allowed under any paid-up
nonforfeiture benefit would be less than
one hundred twenty dollars annually, the
insurer may at its option grant a cash
surrender value in lieu of such paid-up
nonforfeiture benefit of such amount as
may be required by subsection (3) of this
section.
(7) Operative date: If no election is
made by an insurer for an operative date
prior to July 1, 1948, such date shall be
the
operative date for this section.
[ 1973 1st ex.s. c 162 § 6; 1951 c 190 § 1;
1947 c
79 § .23.36;
Rem. Supp. 1947 §
45.23.36.]
Chapter 48.24
GROUP LIFE AND ANNUITIES
48.24.01-0
ME!~
GRQ.Q..R REQUIRIDI!ti~
.ru!ST
~];
No contract of life insurance
shall hereafter be delivered or issued for
delivery in this state insuring the lives
of more than one individual unless to one
of the groups as provided for in this
chapter, and unless in compliance with the
other provisions of this chapter.
(2)
Subsection (1) of this
section
shall not apply to contracts of life
insurance
(a) insuring only individuals relate~
by marriage, by blood, or by legal adoption; or
(b)
insuring only individuals having a
common interest through ownership of a
business enterprise, or of a substantial
legal interest or equity therein, and vho
are actively engaged in the management
thereof; or
(c) insuring the lives of employees and
retirees under contracts executed with the
state employees insurance board under the
provisions of chapter 41.05 RCW. (1973
1st ex.s. c 147 § 11; 1947 c 79 § .24.01;
Rem. Sup p. 19 47 § 4 5 • 2 4. 0 1 • ]
(1)
48.24.060
gQBLIC ~~gLOl~] ~§QfiA!J~
.AME1i12ID! lH 1273 1.§.!. .J;;!~~ ~ 1.2§. .§ .21.~
The lives of a group of public employees
may be insured under a policy issued to
the departmental head or to a trustee, or
issued to an association of public employees formed for purposes other than obtain·
ing insurance and having, when the policy
is placed in force, a membership in the
classes eligible for insurance of not less
than seventyptive percent of the number of
employees elig~ble for membership in such
classes, which department head or trustee
or association shall be deemed the policyholder, to insure such employees for the
benefit of persons other than the policyholder or any of its officials, subject to
the following requirements:
(1)
The persons eligible for insurance
under the policy shall be all of the
employees of the department or members of
the association, or all of any class or
classes thereof determined by conditions
pertaining to their employment, or to
membership in the association, or both.
(2)
The prcmi urn for the policy shall be
paid by the policyholder, in whole or in
part either from salary deductions authorized by, or charges collected from, the
insured employees or members specifically
for the insurance, or from the association's own funds, or from both. Any such
deductions from salary may be paid by the
employer to the association or direc~ly to
the insurer. No policy may be placed in
force unless and until at least seventyfive percent of the then eligible employees or association members, excluding any
1!.2
( 508 J
GROUP LIFE AND ANNUITIES
48.24.070
--------------------------------------------------------------------------------------as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered and have
authorized their employer to make any
required deductions from salary.
(3) The rate of charges to the insured
employees or members specifically for the
insurance, and the dues of the association
if they include the cost of insurance,
shall be determined according to each
attained age or in not less than four
reasonably spaced attained age groups. In
no event shall the rate of such dues or
charges be level for all members regardless of attained age.
(4)
The policy must cover at least
twenty-five persons at date of issue.
(5) The amounts of insurance under the
policy must be based upon some
plan
precluding individual selection either by
the employees or members or
by
the
association.
As used herein, "public employees" means
employees of the United States government,
or of any state, or of any political
subdivision or instrumentality of any of
them. [ 1973 1st ex.s. c 152 § 5; 1963 c
195 § 21; 1955 c 303 § 20; 1953 c 197 §
11; 1947 c 79 § .24.06; Rem. Supp. 1947 §
45.24.06.]
~~~ili!l-197 J. ~1 g,h!h,. £ 152,i
note following RCW 48.05.140.
Reviser's note:
See
RCW
48.24.060
was
the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
amended--twiee-~uring
48.24.060
gUBLI~ ~PLQYE~ ~2Q£I!TION~
i l l A.HID!DED l l 197J. 1ST l;X,S.:.. £ 163 ..§ ID..~
The lives of a group of public employees
may be insured under a policy issued to
the departmental head or to a trustee, or
issued to an association of public employees formed for purposes other than obtaining insurance and having, when the policy
is placed in force, a membership in the
classes eligible for insurance of not less
than seventy-five percent of the number of
employees eligible for membership in such
classes, which department head or trustee
or association shall be deemed the policyholder, to insure such employees for the
benefit of persons other than the policyholder or any of its officials, subject to
the following requirements:
(1) The persons eligible for insurance
under the policy shall be all of the
employees of the department or members of
the association, or all of any class or
classes thereof determined by conditions
pertaining to their employment, or to
membership in the association, or both.
(2) The premium for the policy shall be
paid by the policyholder, in whole or in
part either from salary deductions authorized by, or charges collected from, the
197 3 RCW SUPP.
insured employees or members specifically
for the insurance, or from the association's own funds, or from both. Any such
deductions from salary may be paid by the
employer to the association or directly to
the insurer.
No policy may be placed in
force unless and until at least seventyfive percent of the then eligible employees or association members, excluding any
as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered and have
authorized their employer to make any
required deductions from salary.
(3)
The rate of charges to the insured
employees or members specifically for the
insurance, and the dues of the association
if they include the cost of insurance,
shall be determined according to each
attained age or in not less than four
reasonably spaced attained age groups. In
no event shall the rate of such dues or
charges be level for all members regardless of attained age.
(4) The policy must cover at least
twenty-five persons at date of issue.
(5)
The amounts of insurance under the
policy
must be based upon some plan
precluding individual selection either by
the employees or members or by the association. Such amounts shall in no event
exceed fifteen thousand dollars of life
insurance in the case of any employee or
member, and the amount of life insurance
shall not exceed one thousand five hundred
dollars in the case of retired employees
or members and persons over age sixtyfive.
As used herein, "public employees" means
employees of the United States government,
or of any state, or of any political
subdivision or instrumentality of any of
them. [ 1973 1st ex.s. c 163 § 8; 1963 c
195 § 21; 1955 c 303 § 20; 1953 c 197 §
11; 1947 c 79 § .24. 06; Rem. Supp. 1947 §
45.24. 06.]
Reviser's note:
RCW
48.24.060
was
amendea-twice-auring the 1973 first extraordinary session of the legislature,
each without r~ference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
48.24.070
~~Illli liROU£~~
The lives
of a group of individuals may be insured
under a policy issued to the trustees of a
fund established by two or more employers
or by two or more employer members of an
employers• association, or by one or more
labor unions, or by one or more employers
and one or more labor unionsy or by one or
more employers and one or more labor
unions whose members are in the same or
related occupations or
trades,
which
trustees shall be deemed the policyholder,
to insure employees or members for the
benefit of persons other than the employers or the unions, subject to the following requirements:
( 509 ]
48.24.070
lNSORANCE
--------------------------------------------------------------------------------------(1)
If the policy is issued to two or
employer members of an employers•
association, such policy may be issued
only if (a)
the association has been in
existence for at least five years and was
formed for purposes other than obtaining
insurance and (b)
the participating em•
ployers, meaning such employer members
whose employees are to be insured, constitute at date of issue at least fifty
percent of the total employers eligible to
participate, unless the number of persons
covered at date of issue exceeds six
hundred, in which event such participating
employers must constitute at least twentyfive percent of such total employers in
either case omitting from consideration
any employer whose employees are already
covered for group life insurance.
(2) The persons eligible for insurance
shall be all of the employees of the
employers or all of the members of the
unions, or all of any class or classes
thereof determined by conditions pertaining to their employment, or to membership
in the unions, or to both. The policy may
provide that the term "employees" shall
include the individual proprietor or partners if an employer is an individual
proprietor or a partnership. The policy
may provide that the term "employees"
shall include the trustees or their employees, or both, if their duties are
connected
with such trusteeship.
The
policy may provide that the term "employ~
ees" shall include retired employees.
(3)
The premium for the policy shall be
pa~a
by the trustees wholly from funds
contributed by the employer or employers
of the insured persons, or by the union or
unions, or by both, or, partly from such
funds and partly from funds contributed by
the insured persons. A policy on which
part of the premium is to be derived from
funds contributed by the insured persons
specifically for their insurance may be
placed in force only if at least seventyfive percent of the then eligible persons,
excluding any as to whom evidence of
insurability is not satisfactory to the
insurer, elect to make the required contributions.
A policy on which no part of
the premium is to be derived from funds
contributed by the insured persons specifically for th~ir insurance must insure all
eligible persons, or all except any as to
whom evidence of individual insurability
is not satisfactory to the insurer.
(4)
The policy must cover at least
fifty persons at date of issue.
(5)
The amounts of insurance under the
policy
must be based upon some plan
precluding individual selection either by
the insured persons or by the policyholder, employers, or unions. [1973 1st ex.s.
c 163 § 9; 1963 c 86 § 1; 1959 c 225 § 9;
1955 c 303 § 21; 1953 c 197 § 12;
1947 c
79 § .24.07; Rem. Supp. 1947 § 45.24.07.)
Chapter 48.30
UNFAIR PRACTICES AND FRAUDS
mor~
48.30.010
Q!l!IS RB!~CE~ lB Q~!ESAL.
No person engaged in the business of
insurance shall engage in unfair methods
of competition or in unfair or deceptive
acts or practices in the conduct of such
business as such methods, acts, or practices are defined pursuant to subsection
(2) of this section.
(2) In addition to such unfair methods
and unfair or deceptive acts or practices
as are expressly defined and prohibited by
this code, the commissioner may from time
to time by regulation promulgated pursuant
to chapter 34.04 RCW, define other methods
of competition and other acts and practices in the conduct of such busiRess reasonably found by him to be
unfair
or
deceptive.
(3)
No such regulation shall be made
effective
prior to the expiration of
thirty days after the date of the order by
which it is promulgated.
{4)
If the commissioner has cause to
believe that any person is violating any
such regulation he may order such person
to cease and desist therefrom. The commissioner shall deliver such order to such
person direct or mail it to the person by
registered mail with return receipt requested. If th~ person violates the order
after expiration of ten days after the
cease and desist order has been received
by him, he may be fined by the commissioner a sum not to exceed two hundred and
fifty dollars for each violation committed
thereafter, or the commissioner may take
such other action independently, or in
addition, as is permitted under the insurance code for the violation of the regulation.
[ 1973 1st ex.s. c 152 § 6; 1965
ex.s. c 70 § 24; 1947 c 79 § .30.01; Rem.
supp. 1947 § 45, 30.01.]
(1)
~§..llll.Q~l.i!..I_J.ill
12!
§.h.2.:. £
note following RCW 48.05.140.
1.2l.i. See
cross Reference:
Unfair practices with respect to
ance transactions: RCW 49.60.178.
insur-
Chapter 48.31
MERGERS, REHABILITATION, LIQUIDATION
48.31,010
MEBQ~B
QB
CONSOLIDATION.
subject to the proviS~ns-o~cw
48.08.080, relating to the mutualization
of stock insurers, RCW 48.09.350, relating
to the conversion or reinsurance of mutual
insurers, and RCW 48.10.330, relating to
the consolidation or conversion of reciprocal insurers, a domestic insurer may
(1)
[ 510 )
48.36.230
FRATERNAL
------------------------------------------------------------------------------merge or consolidate with another insurer,
subject to the following conditions:
(a)
The plan of merger or consolidation
must be submitted to and be approved by
the commissioner in advance of the merger
or consolidation.
(b)
The commissioner shall not approve
any such plan unless, after a hearing,
pursuant to such notice as the commissioner may require, he finds that it is fair,
equitable, consistent with law,
and that
no reasonable objection exists. If the
commissioner fails to approve the plan, he
shall state his reasons for such failure
in his order made on such hearing.
The
insurers involved in the merger shall hear
the expense of the mailing of the notice
of hearing and of the order on hearing.
(c)
No director, officer,
member, or
subscriber of any such insurer, except as
is expressly provided by the plan of
merger or consolidation, shall receive any
fee, commission, other compensation or
valuable consideration whatsoever, for in
any manner aiding, promoting or assisting
in the merger or consolidation.
(d) Any merger or consolidation as to
an incorporated domestic insurer shall in
other respects be governed by the general
laws of this state relating to business
corporations.
Except, that as to domestic
mutual insurers, approval by two-thirds of
its members who vote thereoQ pursuant to
such notice and procedure as was approved
by the commissioner shall constitute ap•
proval of the merger or consolidation as
respects the insurer's members.
(2) Reinsurance of all or substantially
all of the insurance in force of
a
domestic insurer by another insurer shall
be deemed a consolidation for the purposes
of this section. [1973 1st ex.s. c 107 §
3; 1961 c 194 § 11; 1947 c 79 §
.31.01;
Rem. Supp. 1947 § 45. 31.01.]
~~~IgbiJ.ity--1973 1.2! ex.s. £ 107.:._
note following RCW 48.17.330.
See
Chapter 48.36
FRATERNAL
48. 36.230
~ERTIFICATE~
AJiliOAb .ugQ]TS;-_llb.QilJON Q,!
Every society transacting
business in this state shall annually, on
or before the fifteenth day of March, file
with the commissioner in such form as he
may require, a statement under oath of its
president and secretary, or corresponding
officers, of its condition and standing on
the thirty-first day of December next
preceding, and of its transactions for one
year ending on that date, and also shall
furnish such other information as the
commissioner may deem necessary to
a
proper exhibit of its business and plan of
working. The commissioner may at other
times require any further statement he may
deem necessary to be made relating to such
society. ·
197 3 RCW SUPP.
In addition to the annual report herein
required,
each society shall annually
report to the commissioner in valuation of
its certificates in force on the thirtyfirst day of December last
preceding
excluding those issued within the year for
which the report is filed, in cases where
the contributions for the first year in
whole or in part are used for current
mortality and expenses: PROVIDED, That the
first report of valuation shall be made as
of December 31, 1931.
such report of
valuation shall show, as contingent liabilities, the present midyear value of the
promised benefits provided in the constitution and laws of such society under
certificates then subject to valuation;
and as contingent assets,
the present
midyear value of the future net contributions provided in the constitution and
laws as the same are in practice actually
collected.
At the option of any society
in lieu of the above, the valuation may
show the net value of the certificates
subject to valuation hereinbefore provided, and said net value, when computed in
case of monthly contributions, may be the
mean of the terminal values for the end of
the preceding and of the current insurance
years.
Such valuation shall be certified
by a competent accountant or actuary, or,
at the request and expense of the society,
verified by the actuary of the department
of insurance of the home state of the
society, and shall be filed with the
commissioner within ninety days after the
submission of the last preceding annual
report.
The legal minimum standard of
valuation shall be according to tables of
reliable experience and in such case a
separation of the funds shall not be
required.
The minimum standard of valuation for
all certificates issued on or after June
7, 1973 shall be four percent interest and
the following tables:
(a} For certificates of life
insurance,
American men ultimate table of mortality,
with Bowerman's or Davis• extension thereof, the commissioners 1941 standard industrial mortality table, the commissioners
1961 standard industrial mortality table,
the commissioners 1941 standard ordinary
mortality table, or the commissioners 1958
standard ordinary mortality table using an
age not more than three years younger than
the actual age of the insured for female
risks;
(b) For annuity certificates, including
life annuities provided or available under
optional modes of settlement in
such
certificates, the 1937 standard annuity
mortality table; annuity mortality table
for 1949 ultimate, or the 1971 individual
annuity mortality table, or any modification of these tables approved by the
commissioner;
(c) For disability benefits issued in
connection with life benefit certificate,
Hunter's disability table or class III
disability table (1926), modified to conform to the contractual waiting period, or
[ 51 1 ]
48.36.230
INSURANCE
-------~------------------------------------------------------
the tables of period 2 disablement rates
and the 1930 to 1950 termination rates of
the 1952 disability study of the society
of actuaries with due regard to the typ~
of benefit, any tables of which for active
lives shall be combined with a mortality
table permitted for calculating the reserves on life insurance certificates;
(d) For accidental death benefits issued
in connection with life benefit certificate, the intercompany double indemnity
mortality table or the 1959 accidental
death benefits table combined with
a
mortality table permitted for calculating
the reserves for life insurance certifi•
cates: and
(e) For accident and sickness benefits,
the society shall maintain an active life
reserve which shall place a sound value on
its liabilities under such certificates
and which shall not be less,
in the
aggregate than the reserve according to
the standards set forth in the regulations
issued by the commissioner and,
in no
event, less than the pro rata
gross
unearned
premium
reserve
for
such
certificates.
An annual report of such valuation and
an ~xplanation of the facts concerning the
condition of the society thereby disclosed
shall be printed and mailed to
each
beneficiary member of the society not
later than June 1st of each year, or, in
lieu thereof, such report of valuation and
showing of the society's condition as
thereby disclosed may be published in the
society's official paper and the issue
containing the same mailed to each beneficiary member of the society.
The laws of
such society shall provide that if the
stated periodical contributions of its
members,
together with the admitted assets, are insufficient to mature
its
certificates in full, and to provide for
the creation and maintenance of the funds
required by its laws,
additional,
increased or extra rates of contribution
shall be collected from the members to
meet such deficiency; and such laws may
provide that, upon the written application
or consent of the member, his certificate
may be charged with its proportion of any
deficiency disclosed by valuation,
with
interest not exceeding five percent per
annum. [1973 c 79 § 1;
1947 c
79 §
.32.23; Rem. Supp. 1947 § 45.32.23.]
48.36.360
Y!~UATION--~FIC!!!Qli
OF
fQ!!RJBUTIONS-=£ETURN~ [1953 c 197 § 1s:
1947 c 79 § .32.36; Rem.
Supp.
1947 §
45.32.36.] Repealed by 1913 c 79 § 2.
48.36.440
APPLICAT!Q] Qf ffl!RTEg ~=
.18A RCW.
Chapter 48.18A RCW, as from
time to time amended, shall also apply as
to domestic fiaternal benefit societies
operating on the legal reserve basis,
and
such a
society shall be deemed to be a
"life insurer" for the
purpose of such
chapter.
[ 1973 ist ex. s. c 163 § 10.]
(
Chapter 48.44
HEALTH CARE SERVICES
48.44.020
MI~~.!QJ!
Q!
~-GRQQ]!~
!Q]~~ENT fQ] ~i!!~~~Q]:
fQlilJi~.I .!QRMS TO ~Q!1llSSIONÂ
I~ DI§!fiROVAb,
(1)
A~y
health care service contractor may enter
into agreements with or for the benefit of
persons or groups of persons which require
prepayment for health care services by or
for such persons in consideration of such
health care service contractor providing
one or more health care services to such
persons and such activity shall not be
subject to the laws relating to insurance
if the health care services are rendered
by the health care service contractor or
by a participant.
(2)
The commissioner may require the
submission of contract forms for
his
examination and may on examination, subject to the right of the health care
service contractor to demand and receive a
hearing under chapters 48.04 and 34.04
RCW,
disapprove any contract for• for any
of the following grounds:
(a)
If it contains or incorporates by
reference any inconsistent, ambiguous or
misleading
clauses, or exceptions and
conditions which unreasonably or deceptively affect the risk purported to be
assumed in the general coverage of the
contract; or
(b)
If it has any title, heading or
other indication of its provisions which
is misleading; or
(c)
If purchase of health care services
thereunder is being solicited by deceptive
advertising; or
(d)
If, the benefits provided therein
are unreasonable in relation to the amount
charged for the contract;
(e)
If it contains unreasonable restrictions on the treatment of patients;
or
{f)
If it fails to conform to minimum
provisions or standards required by regulation made by the commissioner pursuant
to chapter 34.04 RCW. (1973 1st ex.a. c
65 § 1; 1969 c 115 § 1; 1961 c 197 § 2;
1947 c 268
§ 2; Rem. Supp. 1947 § 613111 • )
48.44.160
REVOQllQ!f.L ~USill§.IO!fL SEFUSAL OF REGISTRATION--NOTICE AND HEARING
REQQIJlED f~a~i-!iQ oEsr~x o'RQER~.L !!Ju!if=
TIVE ACTION--GROUNDS. The insurance commissioner--iay;--a£ter notice and hearing,
pursuant to chapters 48.04 and 34.04 RCW,
revoke, suspend, or refuse to accept or
renew registration from any health care
service contractor, or he may issue a
cease and desist order, or bring an action
in any court of competent jurisdiction to
enjoin a health care service contractor
from doing further business in this state,
if such health care service contractor:
(1)
Fails to comply with any provision
of chapter 48.44 RCW or any proper order
or regulation of the commissioner.
512 )
TITLE 49
DIGEST OF TITLE
------------------ -------------------------------------------------------------------(2)
Is found by the commissioner to be
in
such financial condition that its
further transaction of business in this
state would jeopardize the payment of
claims and refunds to subscribers.
(3) Has refused to remove or discharge
a director or officer who has been convicted
of any crime involving fraud,
dishonesty, or like moral turpitude, after
written request by the commissioner for
such removal, and expiration of a reasonable time therefor as specified in such
request.
(4)
Usually
compels claimants under
contracts either to accept less than the
amount due them or to bring suit against
it to secure full payment of the amount
due.
(5) Is affiliated with and under the
same general management, or interlocking
directorate, or ownership
as
another
health care contractor which operates in
this state without
having
registered
therefor, except as is permitted by this
chapter.
(6)
Refuses to ba examined, or if its
directors, officers, employees or representatives refuse to submit to examination
or to produce its accounts, records,
and
files for examination by the commissioner
when required, or refuse to perform any
legal
obligation
relative
to
the
examination.
{7) Fails to pay any final judgment
rendered against it in this state upon any
contract, bond, recognizance, or undertaking issued or guaranttaed by it, within
thirty days after the judgment b~came
final or within thirty days after time for
taking an appeal has expired, or within
thirty days after dismissal of an appeal
before final determination, whichever date
is the later.
(8)
Is found by the commissioner, after
investigation or upon receipt of reliable
information, to be managed by fersons,
whether by its directors, officers, or by
any other means, who are incompetent or
untrustworthy or so lacking in health care
contracting or related managerial experience as to make the ~peration hazardous to
the subscribing p~blic; or that there is
good reason to believe it is affiliated
directly or indirectly through ownership,
control, or other business relations, with
any
person or persons whose business
operations are or have been marked, to the
detriment of policyholders or stockholders, or investors or creditors or subscribers or of the public, by bad faith or
by manipulation of assets, or of accounts,
or of reinsurance. ( 1973 1st ex.s. c 65 §
2; 1969 c 115 § 3; 1961 c 197 § 13. J
48.44.162
~Q£!IIQ!£ SUSPE!~IO!L
RE=
lliAL Q.f AG]NT 1 ~ 1I£EN2]=GRO!!NDS~ The
commissioner may suspend, revoke or refuse
to issue or renew any agent•s license
which is issued or may be issued under
this chapter, subject to the right of the
1973 RCW SUPP.
[ 513
licensee or applicant to demand and receive a hearing pursuant to chapters 48.04
and 34.04 RCW, in accordance with the
procedure set forth in BCW 48.17.540, for
any of the following causes if the licensee or applicant:
(1)
Wilfully violates or knowingly participates in the violation of any provision of this chapter, or any proper order
or regulation of the commissioner.
(2)
Has attempted to obtain a license
through misrepresentation or fraud.
(3)
Has misappropriated or converted to
his own use or has illegally withheld
moneys paid to him in connection with a
health care service contract.
(4)
Has been convicted by final
judgment of a felony.
(5)
Has, with intent to deceive,
materially misrepresented the terms or effect
of any health care service contract, or
has engaged or is about to engage in any
fraudulent transaction.
(6)
Has represented a health care service contractor unlawfully doing business
here without being licensed therefor.
(7)
Has shown himself to be incompetent~.
untrustworthy,
or an actual or
potential source of loss or injury to the
public.
[ 1973 1st ex.s. c 65 § 3; 1969 c
115 § 9.}
48.44.230
INQI!IDUAL
YEA1!H SEliY!f]
PLAN CONTRACT--RETURN WITHIN TEN DAYS OF
PURPosE voio-AB INITio.-Ev"erysuii5criber
of an individual health care service plan
contract issued after Sep~ember 1, 1973,
may return the contract to the health care
service contractor or the agent through
whom it was purchased within ten days of
its delivery to the subscriber if, after
examination of the contract, he is no~
satisfied with it for any reason, and the
health care service contractor shall refund
promptly any fee paid for such
contract- Upon such return of the contract i t shall be void from the beginning
and the parties shall be in the same
pos1~1on
as if no policy had been issued.
Notice of the substance of this section
shall be printed on the face of each such
contract or be attached thereto.
(1973
1st ex.s. c 65 § 4.]
TITLE 49
LABOR REGULATIONS
sections added,
49.12.005
49.12.010
49.12.020
49.12.030
49.12.031
]
amended, or repealed:
Definitions.
Declaration.
Conditions of employment-Wages.
Industrial welfare commission.
Industrial welfare committee.
LABOR REGULATIONS
TITLE 49
----------------------------------------------------49.12.033
49.12.035
49.12.040
49.12.041
49.12.050
49.12.060
49.12.070
49.12.080
49.12.090
49.12.091
49.12.100
49.12.101
49.12.105
49.12.110
49.12.120
49.12.121
Administration and enforcement
of chapter by director of labor
and industries.
Meetings of industrial welfare
committee.
Duties of committee.
Investigation of wages, hours
and working conditions--statements, inspections and examinations authorized.
Employer's record of employees.
Minors defined--1913 Act.
Hearings--Oaths and witnesses~
Fees.
Conference to investigate conditions--Minimum wage may be
set.
Committee to fix minimum wages
for women.
Investigation information to be
furnished committee--Findings-Rules prescribing minimum
wages, working conditions.
Reopening of hearing.
Hearings.
Variance orders-Application-Issuance--ContentsTermination.
Exceptions to minimum scale-Special certificate or permit.
Wages and conditions for minors--Order.
Wages and working conditions of
minor~Special rule~Work
49. 12.123
49.12.160
49.12.161
49.12.170
49.12.185
49.12.187
49.12.190
49.12.215
49.12.217
49.12.220
49.12.230
49.12.900
permits.
Work permits for minors
required.
Appeal-Scope of review.
Appeals.
Penalty.
Exemptions from chapter.
Collective bargaining rights
not affected.
Women and minors in telephone
industry.
Seats to be provided--1890 Act.
Seats to be provided~Penalty.
Seats to be provided--1911 Act.
Seats to be provided--Penalty.
Severability--1973 2nd ex.s. c
16.
Cha.e!g 4 9, 16 ~ll=]!~l!sllr do us ID!=
Eloyment.
49.17.070
49.17.080
49.17. 090
49.17.100
49.17.110
49.17.120
49.17.130
49.17.140
49.17.150
49.17.160
49.17.170
49.17.180
49.17.190
49.17.200
49.17.210
49.17.220
49.17.230
49.17.240
49.17.250
49. 17. 260
49.17.270
49.17.900
49.17.910
5;,h_spter
-----
Right of entry--Inspections and
investigations--Subpoenas-Contempt.
Variances from safety and
health standards~Application-Â
Con tents--Procedure.
Variances from safety and
health standards--Notice--Hearing--Order--Modification or
revocation.
Inspections--Employer and employee representatives.
Compliance by employees--Violations--Notice--Review.
Vio~ation~Citations.
Violations--Dangerous conditions--Citations and orders of
immediate restraint--Restraints--Restraining orders.
Appeal to board--Citation or
notification of assessment of
penalty--Final order--Procedure--Redetermination--Hearing.
Appeal to superior court--Review or enforcement of orders.
Discrimination against employee
filing complaint, instituting
proceedings or testifying prohibited--Procedure-Remedy.
Injunctions--Temporary restraining orders.
Violations--Civil penalties.
Viola tion~Criminal penal ties.
Confidentiality--Trade secrets.
Research, experiments and demonstrations for safety purposes--Variances.
Records--Reports--Notice to employee exposed to harmful
materials.
Compliance with federal act-Agreements and acceptance of
grants authorized.
Safety and health standards.
Voluntary compliance program-Consultation and advisory
services.
Statistics--Investigations-Reports.
Administration of chapter.
Short title.
Severability--1973 c 80.
49.:.~Q
H.till.h
rie.§.t. Mills,
49.16.010 through 49.16.160.
~£ ~_sfeli==I~iQ:.
]IQ~!,§l!Q..Ea.:.
49.20.010 through 49.20.110
5;h~!~£
49.17.010
49.17.020
49.17.030
49.17.040
Purpose.
Definitions.
Application of chapter--Fees
and charges.
Rules and regulations--Authori-
ii.:.24 H~lt.h .sn.£
groyg£ ,H.m;:ke!§.:.
49.24.070
49.24.080
49.24.110
Saf~ty==gggerÂ
Enforcement.
Requirements for underground
labor.
Exhaust valves.
ty~Procedure.
49.17.050
49.17.060
Rules and regulations--Guidelines--Standards.
Employers--General safety
standard--Compliance.
Ch,S£te£
~26
.!!§.Sll.h sD.£ ggty
Asbestos
tJse.
49.26.010
49.26.020
[ 514 ]
Leg~slative declaration.
Asbestos use standards.
49.12.010
INDUSTRIAL WELFARE
------------------------------------------------------49.26.030
49.26.040
49.26.900
~M.E!~!:
!L2. 28
49.28.070
~hapt~
Cross Reference:
License to
practice
final
examination
not
18.15.045.
l!Q~ of ~.1.
Eight hour day for femalesCommission established--Defense
production permits.
49.44
Violations--Prohibited
Requiring lie detector tests.
Cha£1g£ !!.h!!.§.
49.46.020
Minimum hourly wage.
49,60
49.60.010
49.60.020
49.60.030
49.60.040
49.60.120
49.60.130
49.60.175
4 9. 60. 17 6
49.60.178
49.60.180
49.60.190
49.60.200
49.60.222
49.60.225
49.66.070
49.66.080
49.66,090
49.66.120
~~ !9si~§! Qi§££imination~
Purpose of chapter.
Construction of chapter-Election of other remedies.
Freedom from discrimination-Declaration of civil rights.
Definitions.
Certain powers and duties of
board.
May create advisory agencies
and conciliation councils.
Unfair practices~£ financial
institutions.
Unfair practices with respect
to cr~dit transactions.
Qnfair practices with respect
to insurance transactions.
Unfair practices of employer
defined.
Unfair practices of labor unions defined.
Unfair practices of emFloyment
agencies.
Unfair practices with respect
to real estate transactions,
facilities or services.
Award to complainant for loss
of rights secured.
!;haptg£ !!.h66
49.66.010
49.66.020
49.66.030
49.66.050
I'Jinil!l!!!!! Wag~ !.£:!.!.
Hesill
~ll~ Actj.vi:tig~h
Purpose--Policy--Declaration.
Definitions.
Bargaining units.
Unfair labor practices by employee organizations or agents.
Relief from unfair labor practices--Actions--Remedial
orders.
Rules and regulations-Procedures.
Board of arbitration--Members-Selection--Chairman.
Arbitra~ors--compensation-Â
barbering....-When
required:
RCW
Chapter 49.12
INDUSTRIAL WELFARE
(FORMERLY:
FEMALE AND CHILD LABOR]
Practic~~------------------
49.44.120
~ha£!~
Chapter 49.04
APPRENTICESHIP
Containers for asbestos
products.
Regulations--Enforcement.
Severability-1973 c 30.
For the pur49.12.005
Q!FINITIONS.
poses of this chapter:
(1)
The term "department" means the
department of labor and industries.
(2)
The term "director" means the director of the department of labor and
industries,
or
his
designated
representative.
(3)
The term "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other
business entity which engages in
any
business, industry, profession, or activity in this state and employs one or more
employees.
(4)
The term "employee" means an employee who is employed in the business of
his employer whether by way of manual
labor or otherwise.
(5)
The term "conditions of
labor"
shall mean and include the conditions of
rest and meal periods for employees including provisions for personal privacy,
practices, methods and means by or through
which labor or services are performed by
employees and includes bona fide physical
qualifications in employment, but shall
not include conditions of labor otherwise
governed by statutes and rules and regulations relating to industrial safety and
health administered by the department.
(6)
For the purpose of *this 1973 amendatory act a minor is defined to be a
person of either sex un·der the age of
eighteen years.
(7)
The term "committee" shall mean the
industrial welfare committee. [1973 2nd
ex • s • c 16 § 1 • )
*Reviser's note:
"this 1973 amendatory
act" [1973 2nd--ex.s. c 16] consists of
amendments to RCW 43.22.260, 43.22.270,
43.22.280, 49.12.010,
49.12.020,
49.12.oso, 49.12.110 and 49.12.170, to new
sections codified as RCW 49.12.005, 49.12.035, 49.12.041, 49.12.091,
49.12.101,
49.12.105, 49.12.121,
49.12.161,
49.12:185, 49.12.187, and 4g.12.900, and to the
repeal of RCW 4~.12.030, 49.12.040, 49.12.060-49.12.100, 49.12.120, 49.12.160, 49.12.190 and 49.12.215-49.12.230.
Ex:penses.
49.1~.010
Q]CLA]J11~
The welfare of
the state of washington demands that all
employees be p4ote~ted from conditions of
labor whicn have a pernicious effect on
their health.
The state of Washington,
1973 RCW SUPl?.
[ 515 ]
49.12.010
LABOR REGULATIONS
~------------~--------------
therefore, exercising herein its police
and sovereign power declares that inadequate wages and unsanitary conditions of
labor exert such pernicious effect. (1973
2nd ex.s. c 16 § 2; 1913 c 174 § 1; RRS §
7623.]
*this 1973 amendatory act. Such examina·
tions
shall take place within normal
working hours, within reasonable limits
and in a reasonable manner. ( 1973 2nd
ex. s. c 16 § 5. ]
!Bm!is~ !!.21~
"this 1973 amendatory
act", see note following RCW 49.12.005.
49.12.020
CONDITIONS OF EMPLOYMENT-WAGES. It shall-~lawfUl to employ any
person in any industry or
occupation
within
the state of washington under
conditions of labor detrimental to their
health; and it shall be unlawful to employ
workers in any industry within the state
of Washington at wages which are not
adequate for their maintenance. (1973 2nd
ex.s. c 16 § 3;
1913 c 174 § 2; RRS §
7624.]
49.12.030
IND~I!b
WELFARE £Q~=
§.IQL.
( 1913 c 174 § 3; RRS § 7624 1/2. 1
Repealed by 1973 2nd ex.s. c 16 § 19.
49.12.050
EMfbQIER 1 S gECORD Ql EMPLOY·
Every employer shall keep a record
of the names of all employees employed by
him, and shall on request permit the
committee or any of its members or authorized
representatives to inspect such
record. [ 197 3 2nd ex. s. c 16 § 14; 1913 c
174 § 7; RRS § 7626. J
~~
49.12.060
MINORS
DEFINED-1913 ACT.
[1913 c 174 § 8; RRS § 7627.] Repeale~by
1973 2nd ex.s. c 16 § 19.
.@!!!IN~.QAru ,!!]2 !fiTNESS.:
[1913 c 174 § 9; RRS § 7628.]
Repealed by 1973 2nd ex.s. c 16 § 19.
49.12.070
49.12.031
INDUSTR!!1
~~
See RCW 43.22.280.
WEL!AR~
£Q~=
~==FEES.
49.12.080
CONFERENC~
CO~DITIONS--~INIMU~
]}~
IQ
!!!~~ll§!l]
MAY
[1913 c 174 § 10; RRS § 7629:]1
by 1973 2nd ex.s. c 16 § 19.
49.12.035
~EETINGS OF INDUSTRIAL
!B=
!ARE COML\ITTEE.
The lndustrialVel:fare
committee shall meet at least annually and
at su¢h other times as may be reasonably
necessary for the purpose of reviewing
rules and regulations fixing minimum wages
and standards, conditions and hours of
labor and for the purpose of proposing the
amendment, repeal or adoption of new rules
and regulations.
[1973 2nd ex.s. c 16 §
10. ]
49.12.040
DUTIES Q! COMMITT~~ [1913
c 174 § 6; RRS~625.
FORMER PART OF
SECTION:
1913 c 174 § 15; RRS § 7634 now
codified as4,fies,fied RCW
49.12.125.1
Repealed by 1973 2nd ex.s. 16 § 19.
49.12.041
INVESTIGATION
QK
!AGES£
HOURS AND WORKING CONDITIONS-STATEMENTS.£
INSPECTIONS AND EXAMINATIONS AUTHORIZED.
It shall betherespoilSibilityof the
industrial welfare committee, with the aid
and assistance of the director, to investigate the wages, hours and conditions of
employment of all employees, including
minors, except as may otherwise be provided in *this 1973 amendatory act. The
director, or his authorized representative, shall have full authority to require
statements from all employers, relative to
wages, hours and working conditions and to
inspect the books, records and physical
facilities of all employers subject to
BE §~l~
Repealed
49.12.090
COMMITTEE
TO FIX MINIMU!
WA@§ £:Q..R WOMEN.-('iffi c 174 ~1; RRS §
7630.]
Repealed by 1973 2nd ex.s. c 16 §
19.
IQ
49.12.091
!HVEST!Q!IIQM INFOS~ATION
~
FU]HISH~Q
COMMITTEE--FJNDI!§S--B]kE§
PR~§CRIBING
HIN]]UM !AGES, ~IB2 £2]~!.:
TIQ!b After an investigation has been
conducted by the director of labor and
industries of wages, hours and conditions
of labor subject to *this 1973 amendatory
act, the industrial welfare
committee
shall be furnished with all information
relative to such investigation of wages,
hours and working conditions, including
current statistics on wage rates in all
occupations subject to the provisions of
*this 1973 amendatory act.
Within
a
reasonable time thereafter, if the commit·
tee finds that in any occupation, trade or
industry. subject to *this 1973 amendatory
act, the wages paid to employees are
inadequate to supply the necessary cost of
living, but not to exceed the
state
minimum wage as prescribed in RCW 49.46•
.020, as now or hereafter amended, or that
the conditions of labor are detrimental to
the health of employees, the committee
shall have authority to prescribe rules
and regulations for the purpose of adopt·
ing minimum wages for occupations not
otherwise governed by minimum wage requirements
fixed by state or federal
[ 516 ]
INDUSTRIAL WELFARE
-------------------
--------------------------------------------------------------
statute, or a rule or regulation promulgated pursuant to such statute, and, at
the same time have the authority
to
prescribe rules and regulations fixing
standards, conditions and hours of labor
for the protection of the safety, health
and welfare of employees for all
or
specified occupations subject to *this
1973 amendatory act.
Thereafter,
the
committee shall conduct a public hearing
in accordance with the procedures of the
administrative procedure act, chapter 34.04 RCW, for the purpose of the adoption
of rules and regulations fixing minimum
wages and standards, conditions and hours
of labor subject to the provisions of
*this act. After such rules become effective, copies thereof shall be supplied to
employers who may be affected by such
rules and such employers shall post such
rules, where possible, in such place or
places, reasonably accessible to all employees of such employer.
After
the
effective date of such rules, it shall be
unlawful for any employer in any occupation subject to *this 1973 amendatory act
to employ any person for less than the
rate of wages specified in such rules or
under conditions·and hours of labor prohibited for any occupation specified in
such rules: PROVIPED, That this section
shall not apply to sheltered workshops.
[1973 2nd ex.s. c 16 § 6.]
*Reviser's !!2te1_ "this 1973 amendatory
act", "this act", see note following RCW
4'9.12.005.
49.12.100
REOPENING Ql ~AB!B~ (1943
c 192 § 1; 1913 c 174 § 12; Rem. Supp.
1943 § 7631.] Repealed by 1973 2nd ex.s.
c16§19.
49.12.101
HEARINGS~
Whenever wages,
standards, conditions and hours of labor
have been established by rule and regulation of the committee, the committee may
upon application of either employers or
employees conduct a public hearing for the
purpose of the adoption, amendment or
repeal of rules and regulations promulgated under the authority of *this 197~
amendatory act.
(1973 2nd ex.s. c 16 §
7.]
!Revise~ note;
"this 1973 amendatory
act", see note following RCW 49.12.005.
49.12.105
!ARIA~~
~RS--APPLICA=
!ION--ISSUANC~CONTENTS--TERMINATION~
An
employer may apply to the committee for an
order for a variance from any rule or
regulation establishing a standard for
wages,
hours, or conditions of labor
promulgated by the committee under this
chapter.
The committee shall issue an
order granting a variance if it determines
or decides that the applicant for the
variance has shown good cause for the lack
1973 RCW SUPP.
49. 12.121
of eompliance.
Any order so issued shall
prescribe the conditions the employer must
maintain, and the practices, means, methods, operations, standards and processes
which he must adopt and utilize to the
extent they differ from the standard in
question. At any time the committee may
terminate and revoke such order, provided
the employer was notified by the committee
of the termination at least thirty days
prior to said termination.
(1973 2nd
ex.s. c 16 § 8.]
!Q
~IHI~Q~
OR ~~II~ For
any occupation in which a minimum wage has
been established, the committee through
its secretary may issue to an employer, a
special
certificate or permit for an
employee who is physically or mentally
defective or crippled by age or otherwise,
or to a trainee or learner not otherwise
subject to the jurisdiction of the apprenticeship council, a special certificate or
permit authorizing the employment of such
employee for a wage less than the legal
minimum wage; and the committee shall fix
the minimum wage for said person, such
special certificate or permit to be issued
only in such cases as the committee may
decide the same is applied for in good
faith and that such certificate or permit
shall be in force for such length of time
as the said committee shall decide and
determine is proper. [1973 2nd ex.s. c 16
§ 13; 1913 c 174 § 13; RRS § 7632.]
49.12.110
~£!l!IONS
SCA~~--SPECIAL ~ERTill£ATE
~9.12.120
WAGES !!D
MI.!fQM--ORD~~
( 1949 c
COND!TIQNS
lQ~
195 § 1; 1913 c
174 § 14; Rem. supp.
1949 §
7633.]
Repealed by 1973 2nd ex.s. c 16 § 19.
49.12.121
ll~ Alf!2 WORKIN(! ~Q.!fQ!llQfi
OF MINORS--SPECIA1 RULES--WORK R!B!I~
The committee, or the director, may at any
time inquire into wages, hours, and conditions of labor of minors employed in any
trade, business or occupation in the state
of washington and may adopt special rules
for the protection of the safety, health
and
welfare of minor employees, such
minimum wages not to exceed the state
m~n1mum
wage as prescribed in RCW 49.46.020, as now or hereafter amended.
The
committee shall issue work permits to
employers for the employment of minors,
after being assured the proposed employment of a minor meets the standards set
forth concerning the health, safety and
welfare of minors as set forth in the
rules and regulations promulgated by the
committee.
No minor person shall
be
employed
in any occupation, trade or
industry subject to *this 1973 amendatory
act, unless a work permit has been properly issued, with the consent of the parent,
guardian or other person having legal
custody of the minor and with the approval
[ 517 ]
49.12.121
LABOR REGULATIONS
---------------------------------------------------------------------------------of the school which such minor may then be
attending. (1973 2nd ex.s. c 16 § 15.]
*Relisei!§ pote; "this 1973 amendatory
act", see note following RCW 49.12.005.
49.12.123
WORK PERMITS FOR MINORS REQUIREJ4 In implementing State policy
assure the attendance of children in the
public schools it shall be required of any
person, firm or corporation employing any
minor under the age of eighteen years to
obtain a work permit as set forth in RCW
49.12.120 and keep such permit on file
during the employment of such minor, and
upon termination of such employment of
such minor to return such permit to the
industrial welfare committee of the department of labor and industries. [1973 c
51 § 3.]
to
~~g.~ilitx-. 1973
c
lowing RCW 28A.27.010.
2.11
See note fol-
49.12.160
APPEAk-=SCOPE
Q!
[1913 c 174 § 19; RRS § 7639.]
by 1973 2nd ex.s. c 16 § 19.
the committee: or yiolating any other of
the provisions of *this 1973 amendatory
act, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than
tventy~five
dollars nor more than one
thousand dollars. (1973 2nd ex.s. c 16 §
16; 1913 c 174 § 17; RRS § 7636.]
_!Revis~ not~
"this 1973 amendatory
act", see note following RCW 49.12.005.
49.12.185
EXEMPTIONS
FROM
CHAPTERL
*This 1973 amendatory act shall not apply
to
newspaper vendors or carriers and
domestic or casual labor in or about
private residences and agricultural labor
as defined in RCi 50.04.150, as now or
hereafter amended. [1973 2nd ex.s. c 16 §
17.)
~iser•s llill~
"This 1973 amendatory
act 11 • see note following RCW 49.12.005.
S~VIEW.~,
Repealed
49.12.161
~~~
Any person, firm,
or corporation feeling aggrieved of any
action taken or decision made by
an
officer or employee of the department in
the enforcement of *this act may appeal
such action or decision to the industrial
welfare committee by filing notice of such
appeal with the industrial welfare committee within thirty days of such action or
decision.
Such appeal shall be done in
accordance with the rules of procedure for
the process of appeals, such rules to be
promulgated by t~~ industrial
welfare
committee.
The notice of appeal shall
suspend such action or decision pending
the determination of the appeal by the
industrial welfare committee.
The said
committee shall review the record, accept
and consider written briefs and may hear
oral arguments regarding the appeal.
The
said committee shall decide the questions
raised by the appeal on the merits and
shall notify all parties in writing of its
decision, which shall be final and binding
upon all parties, subject to judicial
review at the instance of a losing party
pursuant to chapter 34.04 RCW, the administrative procedure act. [1973 2nd ex.s.
c-16§9.]
49.12.187
!91
This chapter shall not be
construed to interfere with, impede, or in
any way diminish the right of employees to
bargain collectively with their employers
through representatives of
their
own
choosing concerning wages or standards or
conditions of employment. (1973 2nd ex.s.
c 16 § 18.]
49.12.190
iQ~E]
!liQ !l!Q]2 I! !]1~=
£nONE INDUSTRY~ [1917 c 29 § 1; 1915 c 68
§ 1; RRS § 7641.] Repealed by 1973 2nd
ex • s. c 16 § 1 9.
49.12.215
~1!2
!Q BE PROVIDED--1890
~!.:.. [ 1890 p 104 § 1; RRS§ 7615, part.]
Repealed by 1973 2nd ex.s. c 16 § 19.
49.12.217
SE!I~ TO~~ RSQ!lQ~~!BAb=
[1890 p 104 § 2; RRS § 7615, part.]
Repealed by 1973 2nd ex~s. c 16 § 19.
!!~
49.12.220
SEATS TO BE PROVIDED--1911
AC!.:_ ( 1911 c 37-§-2;RRSJ617. ct:--1901
c 68 § 2.] Repealed by 1973 2nd ex.s. c
16 § 19.
[ ,9,,
49.12.230
~~~
note,& "this act",
following RCW 49.12.005.
see
note
49.12.170
PENALTY.~,
Any employer employing any person for whom a minimum wage
or standards, conditions, and hours of
labor have been specified, at less than
said •~n~mum wage, or under standards, or
conditions of labor or at hours of labor
prohibited by the rules and regulations of
COLLECll!~ ~SGAINJ!2 ~IGMl~
A!~Q~
gm
!Q ~~ PROY.!Q~R=.fiD!U.:
c 37 § 3; RRS § 7619.
Cf.
1901 c 68 § 3.)
Repealed by 1973 2nd
ex.s. c 16 § 19.
n~
49.12.900
~,Ell.BI~I~Y=:1973 2ND EX.S.
1&.!.
If any prov~s~on of this-;973
amendatory act, or its application to any
person or circumstances is held invalid,
the remainder of the act, or the application of the provision to other persons or
£
( 518 ]
WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT 49.17.020
--------------------------------------------------------------------------------------circumstances is not affected.
ex.s. c 16 § 20.]
[ 1973
2nd
49.16.120
DUTY Q!: DEPARTMENT--INSPEC1923 c 136 § 13;1919-c-;30-§ so:
RRS § 7774.] Repealed by 1973 c 80 § 28.
!IQ.@.:..
r
49.16.130
RRS § 7788.]
Chapter 49.16
SAFETY--EXTRAHAZARDOUS EMPLOYMENT
REVI]j~
(1919 c 130 § 67;
Repealed by 1973 c 80 § 28.
49.16.150
MDNICIPA1 SEQ]1!I19]2L ~!=
FEg Qf £1!!ETES Q.fON~ [1919 c 130 § 73;
RRS § 7794.] Repealed by 1973 c 80 § 28.
49.16.010
DEFINITIONS.
(1957 c 70 §
2. Prior:
(i}1939 c 41-§ 2, part:
1929
c 132 § 1, part: 1927 c 310 § 2, part;
1921 c 182 § 2, part:
1919 c 131 § 2,
part; 1917 c 120 § 1, part; 1911 c 74 § 3,
part; RRS § 7675, part.
(ii) 1919 c 130 §
2; RRS § 7728.
(iii) 1919 c 130 § 3; RRS
§ 7729.
(iv) 1919 c
130 § 22; RRS §
7748.] Repealed by 1973 c 80 § 28.
49.16.020
APPLICATION
OF
CHAPTER.
[1919 c 130 § 1;-RRS § 7727.]- Repealed by
1973 c 80 § 28.
49.16.030
WORKMEN TO BE SAFEGDARDED-.QUTY OF ~MPLQYER. [1919c130 § 4;
RRS
7730.] Repealed by 1973 c 80 § 28.
49.16.040
QYI! Q!:
WOR~~M=-PENALTJ~
[1919 c 130 § 5; RRS 7731.] Repealed by
1973 c 80 § 28.
49.16.050
SAFj!l ~l!NDASQ§ TO BE PROMDLGATEQ~ [1919 c 130 § 8; RRS § 7734.J
Repealed by 1973 c 80 § 28.
49.16.060
!l!!I!:QMITl
IN
STANDARDS.
[1919 c 130 § 20; RRS § 7746. ]-~pealed
by 1973 c 80 § 28.
49.16.070
Q]
RECOMMENDATIONS BY EMPLOYER§
(1919 c
130 § 21; RRS §
Repealed by 1973 c 80 § 28.
!Q!K~
7747.]
49.16. 080
IU;ARI~§ ON ~!!~~~!I Q!:
STANDARDS. [1919 c 130 § 23; RRS § 7749.]
Repealed by 1973 c 80 § 28.
49.16.090
WRITTEN
NOTICE--POSTING.
[1923 c 136 § 12; 1919 c 130 § 25; RRS-§
7751.] Repealed by 1973 c 80 § 28.
49.16.100
INFORMALITIES
!§
§ 26;
Repealed by 1973 c 80 § 28.
!J1!QA~~~UIREMENT§
§TAND!R~~
[ 1919 c 130
49.16.110
.HQ mngiON !:EE, [1919 c
130 § 37; RRS § 7763.] Repealed by 1973 c
80 § 28.
1973 RCW SOPP.
49.16.151
~!!!YL.
[ 1943 c 186 § 1:
1923 c 136 § 14; 1921 c 182 § 13;
Rem.
Supp. 1943 § 7775. ] Repealed by 1973 c 80
§ 28.
49.16.160
SAFEGUARD £!§Q1!I1QNS R£~=
_gnM~ [ 191 1-c74§-30; RRS § 7709.]
Repealed by 1973 c 80 § 28.
Chapter 49.17
WASHINGTON INDUSTRIAL SAFETY AND HEALTH
ACT
49.17.010
EQ~~
The legislature
finds that personal injuries and illnesses
arising out of conditions of employment
impose a substantial burden upon employers
and employees in terms of lost production,
wage loss, medical expenses, and payment
of benefits under the industrial insurance
act. Therefore, in the public interest
for the welfare of the people of the state
of Washington and in order to assure,
insofar as may reasonably be possible,
safe and healthful working conditions for
every man and woman working in the state
of Washington, the legislature in the
exercise of its police power, and in
keeping with the mandates of Article II,
section 35 of the state Constitution,
declares its purpose by the provisions of
this chapter to create, maintain, continue, and enhance the industrial safety and
health program of the state, which program
shall equal or exceed the standards pre~
scribed by the Occupational Safety and
Health Act of 1970 (Public Law 91-596,
84
Stat. 1590). (1973 c 80 § 1.]
49.17.020
DEFINITIONS.
For the purposes of this chapte;:-(1)
The term "director" means the director of the department of labor and
industries,
or
his
designated
representative.
(2)
The term "department" means the
department of labor and industries.
(3)
The term "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other
business entity which engages in
any
business, industry, profession, or activity in this state and employs one or more
employees or who contracts with one or
[ 519 ]
49.17.020
LABOR REGULATIONS
---------
----------------------------more persons, the essence of which is the
personal labor of such person or persons
and includes the state, counties, cities,
and all municipal corporations, public
corporations, political subdivisions of
the state, and charitable organizations:
PROVIDED, That any person, partnership, or
business entity not having employees, and
who is covered by the industrial insurance
act shall be considered both an employer
and an emfloyee.
(4)
The term "employee" means an employee of an employer who is employed in
the business of his employer whether by
way of manual labor or otherwise and every
person in this state who is engaged in the
employment of or who is working under an
independent contract the essence of which
is his personal labor for an employer
under this chapter whether by way of
manual labor or otherwise.
(5)
The term "person" means one or more
individuals,
partnerships, associations,
corporations, business trusts, legal representatives, or any organized group of
persons.
(6}
The term "safety and health standard" means a standard which requires the
adoption or use of one or more practices,
means,
methods, operations, or processes
reasonably necessary or appropriate to
provide safe or healthful employment and
places of employment.
(7)
The term "work place" means any
plant,
yard,
premises, room,
or other
place where an employee or employees are
employed for the performance of labor or
service over which the employer has the
right of access or control, and includes,
but is not limi~ed to, all work places
covered by industrial insurance
under
Title 51 RCW, as now or hereafter amended.
(8)
The term "working day" means a
calendar day, except saturdays, Sundays,
and all legal holidays as set forth in RCW
,.16.050, as now or hereafter amended, and
for the p~rposes of the computation of
time within which an act is to be done
under the prov~s~ons of this chapter,
shall be computed by excluding the first
working day and including the last working
day. [1973c80§2.]
~9.17.030
APPLICATION OF CHAPTER-FEES
AND S:;HARGJ;,h
This-chapter shau-apply
with respect to employment performed in
any work place within the state.
The
department of labor and industries shall
provide by rule for a schedule of fees and
charges
to be paid by each employer
subject to this chapter who is not subject
to or obtaining coverage under the industrial insurance laws and who is not a
self-insurer.
The fees and charges collected shall be for the purpose of defraying such employer's pro rata share of the
expenses of enforcing and administering
this chapter.
(1973 c 80 § 3.]
49.17.040
RU~~ !ND
~~gy~!I~--A[:
THORITY--PROCEDURE.
The director shall
make, adopt, -modify, and repeal rules and
regulations governing safety and health
standards for conditions of employment as
authorized by this chapter after a public
hearing in conformance with the administrative procedure act and the pro~isions
of this chapter.
At least thirty days
prior to such public hearing, the director
shall cause public notice of such hearing
to
be made in newspapers of general
circulation in this sta~e, of the date,
time, and place of such public hearing,
along with a general description of the
subject matter ot the proposed rules and
information as to where copies of any
rules and regulations proposed for adop~
tion may be obtained and with a solicitation for recommendations in writing or
suggestions for inclusion or changes in
such rules to be submitted not later than
five days prior to such public hearing.
Any
preexisting rules adopted by the
department of labor and industries relating to health and safety standards in work
places subject to the jurisdiction of the
department shall remain effective insofar
as such rules are not inconsistent with
the prov1s1ons of this chapter. [1973 c
80 § 4. ]
ANQ
REGQ~ATIQ!~==
In the adoption of
rules and regulations under the authority
of this chapter, the director shall:
(1)
Provide for the preparation, adoption, amendment, o~ repeal of rules and
regulations of safety and health standards
governing the conditions of employment of
general and special application in all
work places;
(2)
Provide for the adoption of occupational health and safety standards which
are at least as effective as those adopted
or recognized by the United States secretary of labor under the authority of the
occupational Safety and Health Act of 1970
(Public Law 91-596; 84 Stat. 1590);
(3)
Provide a method of encouraging
employers and employees in their efforts
to reduce the number of safety and health
hazards
at their work places and to
stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful
working conditions;
(4)
Provide for the promulgation of
health and safety standards and the control of conditions in all work places
concerning gases, vapors, dust, or other
airborne particles, toxic materials, or
harmful physical agents which shall set a
standard which most adequately assures, to
the extent feasible, on the basis of the
best available evidence, that no employee
will suffer material impairment of health
or functional capacity even if such em~
ployee has regular exposure to the hazard
dealt with by such standard for the period
of his working life; any such standards
49.17.050
RU~~
GU.IQELll!~=g!l!DA!!Qh
[ 520 ]
RASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT
49.17.080
--------------------------------------------------------------------------------------his employees:
PROVIDED, That no citation
or order assessing a penalty shall be
issued to any employer solely under the
authority of this subsection except where
no applicable rule or regulation has been
adopted by the department covering the
unsafe or unhealthful condition of employment at the work place; and
(2)
Shall comply vi th the rules, regulations, and orders promulgated under this
chapter.
(1973 c 80 § 6.]
shall require where appropriate the use of
protective devices or equipment and for
monitoring or measuring any such gases,
vapors, dust, or other airborne particles,
toxic materials, or
harmful
physical
agents;
(5)
Provide for appropriate reporting
procedures by employers with respect to
such information relating to conditions of
employment which will assist in achieving
the objectives of this chapter;
(6)
Provide for the frequency, method,
and manner of the making of inspections of
work places without advance notice; and,
(7)
Provide for the publication and
dissemination to employers, employees, and
labor organizations and the posting where
appropriate by employers of informational,
education, or training materials calculated to aid and assist in achieving the
objectives of this chapter;
(8)
Provide for the establishment of
new and the perfection and expansion of
existing programs for occupational safety
and health education for employers and
employees,
and,
in addition institute
methods and procedures for the establishment of a program for voluntary compliance
solely through the use of advice and
consultation with employers and employees
with recommendations including recommendations
of methods to abate violations
relating to the requirements of
this
chapter and all applicable safety and
health standards and rules and regulations
promulgated pursuant to the authority of
this chapter;
(9) Provide for the adoption of safety
and health standards requiring the use of
safeguards in trenches and excavations and
around openings of hoistways,
hatchways,
elevators,
stairways,
and
similar
openings;
(10)
Provide for the promulgation of
health and safety standards requiring the
use of safeguards for all vats, pans,
trimmers, cut off, gang edger, and other
saws, planers, presses, formers,
cogs,
gearing, bel~ing, shafting, coupling, set
screws, live rollers, conveyors, mangles
in laundries,
and machinery of similar
description,
which can be effectively
guarded with due regard to the ordinary
use of such machinery and appliances and
the danger to employees therefrom, and
with which the employees of any such work
place may come in contact while in the
performance of their duties and prescribe
methods, practices,
or processes to be
followed by employers which will enhance
the health and safety of employees in the
performance of their duties when in proximity to machinery or appliances mentioned
in this subsection.
( 197 3 c 80 § 5. ]
49.17.070
Riglii Qt ENTRY __ l!~R~£TIQ!~
!liQ
IRVE~TIQATIONS==~Q]fQ~!!~==fQNT~RI~
The director, or his authorized representative, in carrying out his duties under
this chapter,
upon the presentation of
appropriate credentials to the
owner,
manager,
operator, or agent in charge, is
authorized:
(1)
To enter without delay and at all
reasonable times the factory,
plant, establishment,
construction site, or other
area, work place, or environment where
work is performed by an employee of an
employer; and
(2)
ro inspect, survey, and investigate
during regular working hours and at other
reasonable times,
and within reasonable
limits and in a reasonable mar.ner, any
such work place and all pertinent conditions,
structures, machines, apparatus,
devices, equipment, and materials therein,
and to question privately any such employer, owner, operator, agent, or employee;
(3)
In making inspections and making
investigations
under this chapter the
dir€ctor may require the attendance and
testimony of witnesses and the production
of evidence under oath.
Witnesses shall
be paid the same fees and mileage that are
paid witnesses in the superior courts. In
the case of contumacy, failure, or refusal
of any person to obey such an order, any
superior court within the jurisdiction of
which such person is found, or resides, or
transacts business, upon the application
of the director, shall have jurisdiction
to issue to such person an order requiring
such person to appear to produce evidence
if,
as,
and when so ordered, and to give
testimony relating to the matter under
investigation or in question,
and any
failure to obey such order of the court
may
be punished by said court as a
contempt thereof. [ 1973 c 80 § 7. ]
49.17.080
VARIAN~~~
I£~
~!I~I!
bNQ
HE!1TH ST!ND!RD5--APPLICAIION~Q.!IT]NT~=
,EEQ£~URE.
( 1)
Any employer may apply to
the director for a temporary order granting a variance from any safety and health
standard promulgated by rule or regulation
under the authority of this chapter.
such
temporary order shall be granted only if
the employer files an application which
meets the requirements of subsection (2)
of this section and establishes that the
employer is unable to comply with a safety
49.17.060
EMPLOYERS--GENERAL
~AFET!
~!!ND!RD-=COMPLIANCE:- Each employer:
(1)
Shall furnish to each of his employees a place of employment free from
recognized hazards that are causing or
likely to cause serious injury or death to
1973 RCW SOPP.
[
521
49.17.080
LABOR REGULATIONS
--------------------------------------------------------------------------------------or health standard because of the unavailability of professional or technical personnel or of materials and
equipment
needed to come into compliance with the
safety and health standard or because
necessary construction or alteration of
facilities cannot be completed by the
effective date of such safety and health
standard, that he is taking all available
steps to safeguard his employees against
the hazards covered by the safety and
health standard, and he has an effective
program for coming into compliance with
such safety and health standard as quickly
as practicable. Any temporary order issued under the authority of this subsection shall prescribe the practices, means,
methods, operations, and processes which
the employer must adopt and use while the
order is in effect and state in detail his
program for co111ing into compliance with
the safety and health standard. ~uch a
temporary order may be granted only after
notice to employees and an opportunity for
a hearing upon request of the employer or
any affected employee.
The name of any
affected employee requesting a hearing
under the provisions of this subsection
shall be confidential and shall not be
disclosed without the consent of such
employee.
The director may issue one
interim order to be effective until a
determination is made or a decision rendered
if a hearing is demanded.
No
temporary order may be in effect for
longer than the period needed by the
employer to achieve compliance with the
standard, or one year, whichever is shorter, except that such an order may be
renewed not more than twice, so long as
the requirements of this subsection are
met and if an application for renewal is
filed at least ninety days prior to the
expiration date of the order. No renewal
of a temporary order may remain in effect
for longer than one hundred eighty days.
(2) An application for a
temporary
order under this section shall contain:
(a) A specification of the safety and
health standard or portion thereof from
which the employer seeks a variance;
(b) A representation by the employer,
supported by representations from qualified persons having first hand knowledge
of the facts repr~sented, that he is
unable to comply with the safety and
health standard or portion thereof and a
detailed
statement
of
the
reasons
therefor;
(c) A statement of the steps the emplayer has taken and will take, with
specific
dates,
to protect employees
covered
by
the
against the
hazard
standard;
(d) A statement as to when the employer
expects to be able to comply with the
standard or portion thereof and what steps
he has taken and will take, with dates
specified, to come into compliance with
the standard; and
(e) A certification that the employer,
by the date of mailing or delivery of the
[
application to the director, has informed
his employees of the application by proV1ding a copy thereof to his employees or
their authorized representative by posting
a copy of such application in a place or
places reasonably accessible to all employees or by other appropriate means of
notification and by mailing a copy to the
authorized representative of such employees; the application shall set forth the
manner in which the employees have been so
informed.
The application shall also
advise employees and their employee representatives of their right to apply to the
director to conduct a hearing upon the
application for a variance. (1973 c 80 §
1
8.
VA,llllf£!~
.f_gg,!! illETY !!Q
~ TA NQ!B.DS::=!{Q!J.g=!!g.AR~::Q.Rill=::
49. 17.090
HEUI!!
MODIFICATIO!{ OR J!EVOCAT!Qfu. Any employer
may apply to the director for an order for
a variance from any rule or regulation
establishing a safety and health standard
promulgated under this chapter. Affected
employees shall be given notice of each
such application and in the manner prescribed by RCW 49.17.080 shall be informed
of their right to request a hearing on any
such application.
The director
shall
issue such order granting a variance,
after opportunity for an inspection. if he
determines or decides after a hearing has
been held, if request for hearing has been
made, that the applicant for the variance
has demonstrated by a preponderance of the
evidence that the conditions, practices,
means, methods 1 operations, or processes
used or proposed to be used by such
applicant employer will provide employment
and places of employment to his employees
which are as safe and healthful as those
which would prevail if he complied with
the safety and health standard or stand·
ards from which the variance is sought.
The order so issued shall prescribe the
conditions the employer must maintain, and
the practices, means, methods, operations,
and processes which he must adopt and
utilize to the extent they differ from the
standard in question. At any time after
six months has elapsed from the date of
the issuance of the order granting a
variance upon application of an employ~r,
employee, or the director on his own
motion, after notice has been given in the
manner prescribed for the issuance of such
order may modify or revoke the order
granting the variance from any standard
promulgated under the authority of this
chapter. [1973 c 80 § 9.]
49.17.100
ID1R1&!ll
llgECllQ!i.§=-Jt1tlQYE£1
REP.R~.IDIT!I.Ill~
!ND
A representative of the employer and a representative
employee authorized by the employees of
such employer shall be given an opportunity to accompany the director, or his
authorized representative,
during
the
physical inspection of any work place for
522
J
WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT
49.17.130
--------------------------------------------------------------------------------------reason to believe exists in such work
place.
The director shall,
by rule,
establish procedures for informal review
of any refusal by a representative of the
director to issue a citation with respect
to any such alleged violation, and shall
furnish the employee or representative of
employees requesting such review a written
statement of the reasons for the director's
final disposition of the case.
[1973 c 80 § 11.]
the purpose of aiding such inspection.
where there is no authorized employee
representative, the director or his authorized representative shall consult with a
reasonable number of employees concerning
matters of health and safety in the work
place. The director may adopt procedural
rules and regulations to implement the
provisions of this section:
PROVIDED,
That neither this section, nor any other
provision of this chapter, shall be construed to interfere with, impede, or in
any way diminish the right of employees to
bargain collectively with their employers
through representatives of
their
own
choosing concerning wages or standards or
conditions of employment which equal or
exceed those established under the authority of this chapter. [ 1973 c 80 § 10.]
49.17.110
£Q~PLIANC]
QLATIQ!~=-NOTICE--REV!]~
BY
49.17.120
I~Q1!1IO]~==£JI!1IQ]~~
If
upon inspection or investigation the director or his authorized representative
believes that an employer has violated a
requirement
of RCW 49.17.060,
or any
safety or health standard promulgated by
rule adopted by the director, or the
conditions of any order granting a
variance pursuant to this chapter, he shall
with reasonable promptness issue a citation to the employer. Each citation shall
be in writing and shall describe with
particularity the nature of the violation,
including a reference to the provisions of
the statute, standard, rule, regulation,
or order alleged to have been violated.
In addition, the citation shall fix a
reasonable time for the abatement of the
violation.
The director may prescribe
procedures for the issuance of a notice in
lieu of a citation with respect to de
minimis violations which have no direct or
immediate
relationship
to
safety or
health.
Each citation, or a copy or
copies thereof, issued under the authority
of this section and RCW 49.17.130 shall be
prominently posted, at or near each place
a violation referred to in the citation
occurred or as may otherwise be prescribed
in regu1ations issued by the director.
The director shall provide by rule for
procedures to be followed by an employee
representative upon written application to
receive copies of citations and notices
issued to any employer having employees
who are represented by such
employee
representative.
such rule may prescribe
the form of such application, the time fo~
renewal of applications, and the eligibility of the applicant to receive copies of
citations and notices.
No citation may be
issued under this section or RCW 49.17.130
after the expiration of six months following a compliance inspection,
investigation,
or
survey
revealing any such
violation. [1973 c 80 § 12.]
!Hf1Q~~=:!!=
Each employee
shall comply with the provisions of this
chapter and all rules,
regulations,
and
orders issued pursuant to the authority of
this chapter which are applicable to his
own actions and conduct in the course of
his employment.
Any employee or representative of employees who in good faith
believes that a violation of a safety or
health standard, promulgated by rule under
the authority of this chapt~r exists that
threatens physical harm to employees, or
that an imminent danger to such employees
exists, may request an inspection of the
work pla~e by giving notice to the director or his authorized representative of
such violation or danger.
Any such notice
shall be reduced to writing, shall set
forth with reasonable particularity the
grounds for the notice, and shall be
signed by the employee or representative
of employees. A copy of the not ice shall
be provided the employer or his agent no
later than at the time of inspection,
except that,
upon the request of the
person giving such notice, his name and
the names of individual employees referred
to therein shall not appear in such copy
or on any record published, released, or
made available pursuant to any provision
of this chapter. If upon receipt of such
notification the director determines that
there are reasonable grounds to believe
that such violation or danger exists, he
shall make a special inspection as soon as
practicable, to determine if such violation or danger exists.
If the director
determines there are no reasonable grounds
to believe that a violation or danger
exists, he shall notify the employer and
the employee or representative of the
employees
in
writing
of
such
determination.
Prior to or during any inspection of a
work place, any employee or representative
of employees employed in such work place
may notify the director or any representative
of the director responsible for
conducting the inspection, in writing, of
any violation of this chapter which he has
1973 RCW SOPP.
(
49.17.130
!!OLAT!ONS==~!NG]ROU~ fOND!=
TIONbCIT!IIQli§. !ND Q!illER~ OF I!1!1~Q.lli~
RESTRAINT--RESTRAINTS--RESTRAINING ORDERS.
Ti)rtupon inspection-or-investigation-;
the director, or his authorized representative,
believes that an employer has
violated a requirement of RCW 49.17.060,
or any safety or health standard promulgated by rules of the department, or any
conditions of an order granting a variance,
which violation is such that a
523
]
ll9.17.130
LABOR REGULATIONS
·-----------------------------------danger exists from which there is
a
substantial
probability that death or
serious physical harm could result to any
employee,
the director or his authorized
representative shall issue a citation and
may issue an order immediately restraining
any such condition,
practice,
method,
process,
or means in the work place.
Any
order issu~d under this section may require such steps to be taken as may be
necessary to avoid, correct, or remove
such danger and prohibit the employment or
presence of any individual in loca~ions or
under conditions where such danger exists,
except individuals whose presence is necessary to avoid, correct, or remove such
danger or to maintain the capacity of a
continuous process operation in order that
the resumption of normal operations may be
had without a complete cessation of operations, or where a cessation of operations
is necessary, to permit such to be accomplished in a safe and orderly manner. In
addition,
if any machine or equipment, or
any part thereof, is in violation of a
requirement of RCW 49.17.060 or any safety
or health standard promulgated by rules of
the department, and the operation of such
machine or equipment gives rise to a
substantial
probability that death or
serious physical harm could result to any
employee, and an order of immediate restraint of the use of such machine or
equipment
has been issued under this
subsection, the use of such machine or
equipment is prohibited, and a notice to
that effect shall be attached thereto by
the
director
or
his
authorized
representative.
(2)
Whenever the director, or his authorized representative, concludes that a
condition of employment described in subsection (1) of this section exists in any
work place,
he shall promptly inform the
affected employees and employers of the
danger.
(3)
At any time that a citation or a
citation and order restraining any condition of employment or practice described
in subs~ction ( 1)
of this section is
issued by the director, or his authorized
representative, he may in addition request
the attorney general to mak~ an application to the superior court of the county
wherein such condition of employment or
practice exists for a temporary restraining order or such other re~ief as appears
to be appropriate under the circumstances.
(1973 c 80 § 13.]
49.17.140
!fg!Ab IQ ~~~=-CITATION Q]
tfOTIF!£ATION .QI .A~SE~!Wl!I QX PENAbiYFIN!1 ORDER--PROCEDUR~~Q~IERMJl!!IION==
HEARING~
(1)
If after an inspection or
investigation the director or his authorized representative issues a citation
under the authority of RCW 49.17.120 or
49.17.130, the department, within a reasonable time after the termination of such
inspection or investigation, sh~ll notify
the employer by certified mail of the
[
penalty to be assessed under the authority
of RCW 49.17.180 and shall state that the
employer has fifteen working days within
which to notify the director that he
wishes to appeal the citation or assessment
of penalty.
If,
within fifteen
working days from the communication of the
notice issued by the director the employer
fails to notify the director that he
intends to appeal the citation or assessment penalty, and no notice is filed by
any employee or representative of employees under subsection (3) of this section
within such time, the citation and the
assessment shall be deemed a final order
of the department and not subject to
review by any court or agency.
(2)
If the director has reason to believe that an employer has failed to
correct a violation for which a citation
has been issued within the period permitted in the citation for its correction,
which period shall not begin to run until
the entry of a final order in the case of
any appeal proceedings under this section
initiated by the employer in good faith
and not solely for delay or avoidance of
penalties, the director shall notify the
employer by certified mail of such failure
to
correct the violation and of the
penalty to be assessed under RCW 49.17.180
by reason of such failure, and shall state
that the employer has fifteen working days
from the communication of such notifica•
tion and assessment of penalty to notify
the director that he wishes to appeal the
director's notification of the assessment
of penalty.
If,
within fifteen working
days from the receipt of notification
issued by the director the employer fails
to notify the director that he intends to
appeal the notification of assessment of
penalty, the notification and assessment
of penalty shall be deemed a final order
of the department and not subject to
review by any court or agency.
(3)
If any employer notifies the director that he intends to appeal the citation
issued under either RCW
49.17.120
or
49.17.130 or notification of the assessment of a penalty issued under subsections
(1)
or (2) of this section, or if, with.in
fifteen working days from the issuance of
a citation under either RCW 49.17.120 or
49.17.130 any employee or representative
of employees files a notice with the
director alleging that the period of time
fixed in the citation for the abatement of
the violation is unreasonable, the director may reassume
jurisdiction over the
entire matter, or ~ny portion thereof upon
which notice of intention to appeal has
been filed with the director pursuant to
this
subsection.
If
the
director
reassumes jurisdiction of all or
any
portion of the matter upon which notice of
appeal has been filed with the director,
any redetermination shall be completed and
corrective notices of assessment of penalty,
citations,
or revised periods of
abatement completed within a period of
524
J
WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT
49.17.150
--------------------------------------------------------------------------------------fifteen working days,
which redetermination shall then become final subject to
direct appeal to the board of industrial
insurance appeals within fifteen working
days of such redetermination with service
of notice of appeal upon the director.
In
the event that the director does not
reassume jurisdiction as provided in this
subsection, he shall promptly notify the
state board of industrial insurance appeals of all notifications of intention to
appeal any such citations, any such notices of assessment of penalty and
any
employee or representative of employees
notice of intention to appeal the period
of time fixed for abatement of a violation
and in addition certify a full copy of the
record in such appeal matters to the
board. The director shall adopt rules of
procedure for the reassumption of jurisdiction under this subsection affording
employers, employees, and employee representatives notice of the reassumption of
jurisdiction
by the director, and an
opportunity to object or support
the
reassumption of jurisdiction, either in
writing or orally at an informal conference to be held prior to the expiration of
the fifteen day period. A notice of appeal
filed under this section shall stay the
effectiveness of any citation or notice of
the assessment of a penalty pending review
by the board of industrial
insurance
appeals,
but such appeal shall not stay
the effectiveness of any order of immediate restraint issued by the director under
the authority of RCW 49.17.130.
The board
of
industrial insurance appeals shall
afford an opportunity for a hearing in the
ca~e
of each such appellant and the
department shall b~ represented in such
hearing by the attorney general and the
board shall in addition provide affected
employees or authorized representatives of
affected employees an opportunity to participate as parties to hearings under this
subsection. The board shall thereafter
make disposition of the issues in accordance with procedures relative to contested cases appealed to the state board of
industrial insurance appeals.
Opon application by an employer showing
that a good faith effort to comply with
the abatement requirements of a citation
has been made and that the abatement has
not been completed because of factors
beyond his control, the director after
affording an opportunity for a hearing
shall issue an order affirming or modifying the abatement requirements in such
citation. [1973 c BD § 14.)
49.17.150
APPEAL IQ SUPERIQB COURT-=
_!!EVill OR EN£:0RCEMENT Ql ~RS.
(1) Any
person aggrieved by an order of the board
of industrial insurdnce appeals issued
under subsection (3) of RCW 49.17.140 may
obtain a review of such order in the
superior court for the county in which the
violation is alleged to have occurred, by
filing in such court within thirty days
1973 RCW SUPP.
following the communication cf the board's
order or den~al of any petition or petitions for rev~ew,
a written notice of
appeal praying that the order be modified
or set aside.
A copy of such notice of
appeal shall be forthwith transmitted by
the clerk of the court to the board of
industrial insurance ~ppeals and to all
parties to the proceedings before the
board,
and thereupon the board shall file
in the court the complete record of the
proceedings.
Upon such filing the court
shall have jurisdiction of the proceeding
and of the question determined therein,
and shall have power to grant such temporary relief or restraining order as it
deems just and proper,
and to make and
enter upon the pleadings and the record of
proceedings a decree affirming, modifying,
or setting aside in all or in part, the
decision of the board of industrial insurance appeals and enforcing the same to the
extent that such order is affirmed or
modified.
The commencement of appellate
proceedings under this subsection shall
not,
unless ordered by the court, operate
as a stay of the order of the board of
industrial insurance appeals. No objection that has not been urged before the
board shall be considered by the court,
unless the failure or neglect to urge such
objection shall be excused because of
extraordinary circumstances. The findings
of the board or hearing examiner where the
board has denied a petition or petitions
for review with respect to questions of
fact, if supported by substantial evidence
on the record considered as a whole, shall
be conclusive.
If any party shall apply
to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional
evidence is material and that there were
reasonable grounds for the failure to
adduce such evidence in the hearing before
the
board,
the court may order such
additional evidence to be taken before the
board and to be made a part of the record.
The board may modify its findings as to
the facts, or make new findings, by reason
of additional evidence so taken and filed,
and it shall file such modified or new
findings, which findings with respect to
questions of fact are supported by substantial evidence on the record considered
as a whole, shall be conclusive, and its
recommendations, if any, for the modification or setting aside of its original
order.
Upon the filing of the record with
it, the jurisdiction of the court shall be
exclusive and the judgment and decree
shall be final, except as the same shall
be subject to review by the supreme court.
Appeals filed under this subsection shall
be heard expeditiously.
(2}
The director may also obtain review
or enforcement of any final order of the
board by filing a petition for such relief
in the superior court for the county in
which the alleged violation occurred. The
provisions of subsection
(1)
of
this
section shall govern such proceeding to
[ 525 ]
~9.
LABOR REGULATIONS
17.150
---------the extent applicable.
If a notice of
appeal,
as
provided in subsection {1) of
this section, is not filed within thirty
days after service of the board's order,
the board's findings of fact,
decision,
and order or the examiner's findings of
fact, decision, and order when a petition
or petitions for review have been denied
shall be conclusive in connection with any
petition for enforcement which is filed by
the director after the expiration of such
thirty day period. In any such case, as
well as in the case of an unappealed
citation or a notification of the assessment of a penalty by the director,
which
has become a final order under subsection
(1) or (2) of RCW ~9.17.140 upon application of the director, the clerk of the
court, unless otherwise ordered by the
court, shall forthwith enter a decree
enforcing the citation and notice
of
assessment of penalty and shall transmit a
copy of such decree to the director and
the
employer named in the director's
petition.
In any
contempt
proceeding
brought to enforce a decree of the superior court entered pursuant to this subsection or subsection (1) of this section the
superior court may assess the penalties
provided in Rca 49.17.180, in addition to
invoking any othBr available remedies.
[1973 c 80 § 15.1
QI~CRitliHATIQ!
49.17.160
.fJ;,OYE~
~_EDING~
£:.!lil!2
Q!!
COl!PLAIN!,.
IESTI.UIH2
!Q!INST
INSTII!!Tili2
violations of subsection
(1)
of
this
section and order all appropriate relief
including rehiring or reinstatement of the
employee to his former position with back
pay.
(3)
Within ninety days of the receipt
of the complaint filed under this section
the director shall notify the complainant
of his determination under subsection (2)
of this section.
[ 1973 c 80 § 16.]
49.17.170
INJUNC!lQN~~EQBARY
B]=
STRAIHINQ QRDERS.!. (1)
In addition to and
after having invoked the powers of restraint vested in the director as provided
in RCW 49.17.130 the superior courts of
the state of Washington shall have jurisdiction upon petition of the director,
through the attorney general, to enjoin
any condition or practice in any work
place from which there is a substantial
probability that death or serious physical
harm could result to any employee immediately or before the imminBnce of such
danger
can be eliminated through the
enforcement procedures otherwise provided
by this chapter.
Any order issued under
this section may require such steps to be
taken
as may be necessary to avoid,
correct, or remove such danger and prohib·
it the employment or presence of any
individual in locations or under conditions where such danger exists, except
individuals whose presence is necessary to
avoid,
correct,
or remove such danger or
to maintain the capacity of a continuous
process operation to resume normal operation without a complete cessation
of
operations, or where a cessation of opera•
tions is necessary, to permit such to be
accomplished in a safe and orderly manner.
(2)
Upon the filing of any such petition the superior courts of the state of
Washington shall have jurisdiction
to
grant such injunctive relief or temporary
restrain~ng order pending the
outcome of
enforcement proceedings pursuant to this
chapter, except that no temporary restraining
order issued without notice
shall be effective for a period longer
than five working days.
{3)
Whenever and as soon as any authorized representative of the director con·
cludes that a condition
or
practice
described in subsection (1) exists in any
work place, he shall inform the affected
employees and employers of the danger and
may recommend to the director that relief
be sought under this section.
(4)
If the director arbitrarily or capriciously fails to invoke his restraining
authority under RCW 49.17.130 or fails to
seek relief under this section, any em·
ployee who may be injured by reason of
such failure,
or the representative of
such employees,
may bring
an
action
against the director in the superior court
for the county in which the danger is
alleged to exist for a writ of mandamus to
compel the director to seek such an order
and for such further relief as may be
EM=
~=
f!!Ql!IBITE~
l'!!QCEDURE--REMEDY.!.
(1)
No per son shall
discharge or in any manner discriminate
against any employee because such employee
has filed any complaint or instituted or
caused to be instituted any proceeding
under or related to this chapter, or has
testified or is about to testify in any
such proceeding or because of the exercise
by such employee on behalf of himself or
others of any right afforded by this
chapter.
(2)
Any employee who believ~s that he
has been discharged or otherwise discriminated against by any person in violation
of this section may, within thirty days
after such violation occurs, file a complaint with the director alleging such
discrimination.
Upon receipt of
such
complaint, the director shall cause such
investigation to be made as he deems
appropriate.
If upon such investigation,
the director determines that the provisions of this section have been violated,
he shall bring an action in the superior
court of the county wherein the violation
is alleged to have occurred against the
person or persons who is alleged to have
violated the provisions of this section.
If the director determines that the provisions of this section have not
been
violated,
the employee may institute the
action on his own behalf within thirty
days of such determination.
In any such
action the superior court shall
have
jurisdiction, for cause shown, to restrain
(
526
J
WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT
49.17.190
---------- -------------------------------------------------------------------violation.
Any employer who violates any
of the posting requirements for the posting of informational, educational,
or
training materials under the authority of
RCW 49.17.050
(7),
may be assessed a
penalty of not
to exceed five hundred
dollars for each such violation.
(6)
For the purposes of this section, a
serious violation shall be deemed to exist
in a work place if there is a substantial
probability that death or serious physical
harm could result from a condition which
exists, or from one or more practices,
means,
methods,
operations, or processes
which have been adopted or are in use in
such work place, unless the employer did
not, and could not with the exercise of
reasonable diligence, know of the presence
of the violation.
(7)
The director, or his authorized
representatives, shall have authority to
assess all civil penalties provided in
this section, giving due consideration to
the appropriateness of the penalty with
respect to the number of affected employees of the employer being charged, the
gravity of the violation, the size of the
employer's business, the good faith of the
employer,
and the history of previous
violations.
(8)
Civil penalties imposed under this
chapter shall be paid to the director for
deposit in the supplemental pension fund
established by RCW 51.44.033. Civil penalties may be recovered in a civil action in
the name of the department brought in the
superior court of the county where the
violation is alleged to have occurred, or
the department may utilize the procedures
for collection of civil penalties as set
forth in RCW 51.48.120 through 51.48.150.
[1973 c 80 § 18.]
appropriate or seek the director to exercise his restraining authority under RCW
49.17.130. [1973 c 80 § 17.]
49.17.180
1IQ1A11Q~~£1!!1 PENA11~~
Any employer who wilfully or repeatedly violates the requirements of RCW
49.17.060, or any safety and health standard promulgated under the authority of
this chapter, of any existing rule or
regulation governing the conditions of
employment promulgated by the department,
or of any order issued granting a variance
under RCW 49.17.080 or 49.17.090 may be
assessed a civil penalty not to exceed ten
thousand dollars for each violation.
(2) Any employer who has received a
citation for a serious violation of the
requirements of RCW 49.17.060, of any
safety or health standard
promulgated
under the authority of this chapter, of
any existing rule or regulation governing
the conditions of employment promulgated
by the department, or of any order issued
granting a variance under RCW 49.17.080 or
49.17.090 as determined in accordance with
subsection
(6)
of this section, shall be
assessed a civil penalty not to exceed one
thousand dollars for each such violation.
(3)
Any employer who has received a
citation for a violation of the requirements of RCW 49.17.060, of any safety and
health standard promulgated under this
chapter, or any existing rule or regulation governing the conditions of employment promulgat~d by the department, or of
any order issued granting a variance under
RCW 49.17.080 or 49.17.090,
where such
violation is specifically determined not
to he of a serious nature as provided in
subsection
(6)
of this section, may be
assessed a civil penalty not to exceed one
thousand dollars for each such violation,
unless such violation is determined to be
de minimus.
(4)
Any employer who fails to correct a
violation for which a citation has been
issued under RCW 49.17.120 or 49.17.130
within the period permitted for its correction, which period shall not begin to
run until the date of the final order of
the board of industrial insurance appeals
in the case of any review proceedings
under this chapter initiated by the employer in good faith and not solely for
delay or avoidance of penalties,
may be
assessed a civil penalty of not more than
one thousand dollars for each day during
which such failure or violation continues,
(5)
Any employer who violates any of
the posting requirements of this chapter,
or any of the posting requirements of
rules promulgated by the department pursuant to this chapter related to employee or
employee representative's rights to notice, including but not limited to those
employee rights to notice set forth in RCW
49.17.080,
49.17.090,
49.17.120, 49.17.130, 49.17.220
(1)
and 49.11.240 (2),
shall be assessed a penalty of not to
exceed one thousand dollars for each such
(1)
1973 RCW SUPP.
[
49.17.190
VIOLATIONS--CRIMINAL g~NA1=
TIES.
{1)
Anypersonwhogiv;s advance
notice of any inspection to be conducted
under
the authority of this chapter,
without the consent of the director or his
authorized
representative,
shall,
upon
conviction be guilty of a gross misdemean~
or and be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months, or by
both.
(2)
Whoever knowingly makes any false
statement, representation,
or certification in any application, record, report,
plan, or other document filed or required
to be maintained pursuant to this chapter
shall, upon conviction be guilty of a
gross mtsdemeanor and be punished by a
fine of not more than ten thousand dollars, or by imprisonment for not more than
six months or by both.
(3)
Any employer who wilfully and knowingly violates the requirements of RCW
49.17.060, any safety and health standard
promulgated under this chapter, any existing
rule or regulation governing the
safety and health conditions of employment
and adopted by the director, or any order
527
J
49.17.190
LABOR REGULATIONS
--------------------------------------------------------------------------------------issued
granting a variance under
RCW
or 49.17.090 and that violation
caused death to any employee shall, upon
conviction be guilty of a gross aisdemeanor and be punished by a fine of not more
than ten thousand dollars or by imprisonment for not more than six months or by
both; except, that if the conviction is
for a violation committed after a first
conviction
of such person, punishment
shall be a fine of not more than twenty
thousand dollars or by imprisonment for
not more than one year, or by both.
(4)
Any employer who has been issued an
order immediately restraining a conditionf
practice, method, process, or means in the
work place, pursuant to RCW 49.17.130 or
49. 17.170, and who nevertheless continues
such condition, practice, method, process,
or means, or who continues to use a
machine or equipment or part thereof to
which a notice prohibiting such use has
been attached, shall be guilty of a gross
misdemeanor, and upon conviction shall be
punished by a fine of not more than one
thousand dollars or by imprisonment for
not more than six months, or by both.
(5)
Any employer who shall knowingly
remove, displace, damage, or destroy, or
cause to be removed, displaced, damaged,
or destroyed any safety device or safeguard required to be present and maintained by any safety or health standard,
rule, or order promulgated pursuant to
this chapter, or pursuant to the authority
vested in the director under RCW 43.22.050
shall, upon conviction, be guilty of a
misdemeanor and be punished by a fine of
not more than two hundred fifty dollars or
by imprisonment for not more than ninety
days, or by both.
(6)
Whenever the director has reasonable cause to believe that any prov1s1on
of this section defining a crime has been
violated by an amployer, the director
shall cause a record of such alleged
violation to be prepared, a copy of which
shall
be referred to the prosecuting
attorney of the county wherein such alleged violation occurred, and the prosecuting attorney of such county shall in
writing advise the director of the disposition he shall make of the
alleged
violation. [ 1973 c 80 § 19.)
49.17.080
4 9. 17 • 2 oo
fQl!ll,gJIT.lllliX=IEill
SECRETS.
All information reported to or
otherwise obtained by the director, or his
authorized representative, in connection
with any inspection or proceeding under
the
authority of this chapter, which
contains or which might reveal a trade
secret shall be considered confidential,
except that such information may be disclosed to other officers or employees
concerned with carrying out this chapter,
or when relevant in any proceeding under
this chapter. In any such proceeding the
director, the board of industrial insurance appeals, or the court shall issue
such orders as may be appropriate to
[
protect the confidentiality
secrets. [1973 c 80 § 20.1
4 9. 17. 210
gg~Q~TR!I!Q!~
@SEARCH 1
lQ]
of
t!f.M.I!tENTS
trade
AND
~!~TY f.QjPOSE2==VARf:
ANCES.
The director is authorize~
conduct, either directly or by grant or
contract, research, experiments, and demonstrations as may be of aid and assistance in the furtherance of the objects
and purposes of this chapter. The director, in his discretion, is authorized to
grant a variance from any rule or regulation or portion thereof, whenever
he
determines that such variance is necessary
to permit an employer to participate in an
experiment approved by the director, which
experiment is designed to demonstrate or
validate new and improved techniques to
safeguard the health or safety of employees. Any such variance shall require that
all due regard be given to the health and
safety of all employees participating in
any experiment. (1973 c 80 § 21.]
49.17.220
ll~S--RHOR~=liQll~~ IQ
EMllQ!EE ~!fQSEJ2 IQ .!!AR~l!!1 ~!Il!!IA!dh
(1)
Each employer shall make, keep, and
preserve, and make available to the director such records regarding his activities
relating to this chapter as the director
may prescribe by regulation as necessary
or appropriate for the enforcement of this
chapter
or for developing information
regarding the causes and prevention of
occupational accidents and illnesses. In
order to carry out the provisions of this
section such regulations may include provisions requiring employers to conduct
periodic inspections. The director shall
also issue regulations regu~r~ng
that
employers, through posting of notices or
other appropriate means, keep their em·
ployees informed of their protections and
obligations under this chapter, including
the provisions of applicable safety and
health standards.
(2)
The director shall prescribe regulations requiring employers to maintain
accurate records, and to make periodic
reports of work-related deaths, and of
injuries and illnesses other than minor
injuries requiring only first aid treatment and which do not involve medical
treatm~nt, loss of consciousness, restriction of work or motion, or transfer to
another job.
(3) The director shall issue regulations requiring employers to
maintain
accurate records of employee exposures to
potentially toxic materials or harmful
physical agents which are required to be
monitored or measured. such regulations
shall provide employees or their representatives with an opportunity to observe
such monitoring or measuring, and to have
access to the records thereof.
such
regulations shall also make appropriate
provisions for each employee or former
employee to have access to such records as
528 ]
WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT
49.17.250
--------------------------------------------------------------------------------------type and frequency of medical examinations
or other tests which shall be made available, by the employer or at his cost, to
employees exposed to such hazards in order
to most effectively determine whether the
health of such employees is adversely
affected by such exposure.
In the event
that such medical examinations are in the
nature of research, as determined by the
director, such examinations may be furnished at the expense of the department.
The results of such examinations or tests
shall be furnished only to the director,
other appropriate agencies of government,
and at the request of the employee to his
physician.
(3)
Whenever the director adopts by
rule any safety and health standard he may
at the same time provide by rule the
effective date of such standard which
shall not be less than thirty
days,
excepting emergency rules, but may be made
effective at such time in excess of thirty
days from the date of adoption as specified in any rule adopting a safety and
health standard.
Any rule not made effective thirty days after adoption, having a
delayed effectiveness in excess of thirty
days, may only be made upon a finding made
by the director that such delayed effectiveness of the rule is reasonably necessary to afford the affected employers a
reasonable opportunity to make changes in
methods,
means, or practices to meet the
requirements of the adopted rule.
Temporary orders granting a variance may be
utilized by the director in lieu of the
delayed effectiveness in the adoption of
any rule. [1973 c 80 § 24.)
will indicate his own exposure to toxic
materials
or harmful physical agents.
Each employer shall promptly notify any
employee who has been or is being exposed
to toxic materials or harmful physical
agents in concentrations or at levels
which exc~ed those prescribed by
any
applicable
safety and health standard
promulgated under this chapter and shall
inform any employee who is being thus
exposed of the corrective action being
taken. [1973c80§22.]
49.17.230
~Q]g1JAB~~
~1Ifi
!.fT=,AgllEMENI~
AN.Q A£f~R!,ANC]
FEDE]!1
OF gRAN.!~
AUTHORIZED. The director is authorized to
adopt by--rule any provision reasonably
necessary to enable this state to qualify
a state plan under section 18 of the
occupational Safety and Health Act of 1970
{Public Law 91-596,
84 Stat.
1590) to
enable this ~tate to assume the responsibility for the development and enforcement
of occupational safety and health standards in all work places within this state
subject to the legislative jurisdiction of
the state of Washington. The director is
authorized to enter into agreement with
the United States and to accept on behalf
of the state of Washington grants of funds
to implement the development and enforcement of this chapter and the Occupational
safety and Health Act of 1970. [ 1973 c 80
§ 23. J
49.17.240
SAFETY AND HEALTH STANDARDS.
<1) The director -Iii t:'h~ - proiiiulgatioilo£
rules under the authority of this chapter
shall establish safety and health standards
for conditions of employment of
general and/or specific applicability for
all industries, businesses, occupations,
crafts, trades, and employments subject to
the provisions of this chapter, or those
that are a national or accepted federal
standard. In adopting safety and health
standards for conditions of employment,
the director shall solicit and give due
regard to all recommendations by
any
employer, employee, or labor representative of employees.
(2)
Any
safety and health standard
adopted by rule of the director shall,
where appropriate,
prescribe the use of
labels or ether forms of warning to insure
that employees are apprised of all hazards
to which they may be exposed, relevant
symptoms, and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure.
Where
appropriate, such rules shall so prescribe
suitable protective equipment and control
or technological procedures to be used in
connection with such hazards and shall
provide for monitoring or measuring employee exposure at such locations and
intervals, and in such manner as may be
reasonably necessary for the protection of
employees. In addition,
where appropriate, any such rule shall prescribe the
1973 RCW SUPP.
[
49.17.250
YQbQNTAE!
conPLIA!~~
PRO=
GRAM--CONSULTATION AND ADVISORY SERVICES.
71)---rn-carrying-ou~his-responsihi1ities
for the development of a voluntary compliance program under the authority of RCW
49.17.050 (8) and the rendering of advisory and consultative services to employers,
the director may grant an
employer's
application for advice and consultation,
and for the purpose of affording such
consultation and advice visit the employer's work place.
Such consultation and
advice shall be limited to the matters
specified in the request affecting the
interpretation and applicability of safety
and health standards to the conditions,
structures, machines,
equipment, apparatus, devices, materials,
methods,
means,
and
practices in the employer's work
place.
The director in granting
any
requests
for consultative or advisory
service may provide for an alternative
means of affording consultation and advice
other than on-site consultation.
(2)
The director, or his authorized
representative, may make recommendations
regarding the elimination of any hazards
disclosed within the scope of the on-site
consultation.
No visit to an employer's
work place shall be regarded as an inspection or investigatio~_under the authority
529
]
49.17.250
LABOR REGULATIONS
--------------------------------------------------------------------------------------of this chapter, and no notices or citations shall be issued, nor,
shall any
civil penalties be assessed upon such
visit,
nor shall any authorized representative of the director designated
to
render advice and consult with employers
under the voluntary compliance program
have any enforcement authority:
PROVIDED,
That in the event an on-site visit discloses a serious violation of a health and
safety standard as defined in RCW 49.17.180 (6), and the hazard of such violation
is either not abated by the cooperative
action of the employer, or, is not subject
to being satisfactorily abated by the
cooperative action of the employer, the
director shall either invoke the administrative restraining authority provided in
RCW 49.17.130 or seek the issuance of
injunctive process under the authority of
RCW 49.17.170
or
invoke
both
such
remedies.
(3)
Nothing in this section shall be
construed as providing immunity to any
employer who has made application for
consultative services during the pendency
of the granting of such application from
inspections or investigations conducted
under RCW 49.17.070 or any inspection
conducted as a result of a complaint, nor
immunity from inspections under RCW 49.17.070
or inspections resulting from a
complaint subsequent to the conclusion of
the consultative period.
This section
shall not be construed as requiring an
inspection under RCW 49.17.070 of any work
place which has been visited for consultative purposes. However, in the event of a
subsequent inspection, the director, or
his authorized representative, may in his
discretion take into consideration any
information obtained during the consultation visit of that work place in determining the nature of an alleged violation and
the amount of penalties to be assessed, if
any.
Such rules and regulations to be
promulgated pursuant to this section shall
provide that in all instances of serious
violations as defined in RCW 49.17.180 (6)
which are disclosed in any consultative
period, shall be corrected within a specified period of time at the expiration of
which an inspection will be conducted
under the authority of RCW 49.17.070.
All
employers requesting consultative services
sha]l be advised of the provisions of this
section and the rules adopted by the
director relating to the voluntary compliance program.
The director may provide by
rule for the frequency, manner, and method
of the rendering of consultative services
to employers, and for the scheduling and
priorities in granting applications consistent with the availability of personnel, and in such a
manner as not to
jeopardize the enforcement requirements of
this chapter.
(1973 c 80 § 25.]
(
49.17.260
§1ATISTICS==J!l]§IJ2ATIQ]S-REPORTS.
In furtherance of the obje~ts
and purposes of this chapter, the director
shall develop and maintain an effective
program of collection, compilation, and
analysis of industrial safety and health
statistics. The director, or his authorized representative,
shall investigate
and analyze industrial catastrophes, serious injuries, and fatalities occurring in
any work place subject to this chapter, in
an effort to ascertain whether such injury
or fatality occurred as the result of a
violation of this chapter, or any safety
and health standard, rule, or order promulgated pursuant to this chapter, or if
not, whether a safety and health standard
or rule should be promulgated for applica·
tion to such circumstances. The director
shall adopt rules relating to the conducting and reporting of such investigations.
Such investigative report shall be deemed
confidential and only available upon order
of the superior court after notice to the
director and an opportunity for hearing:
PROVIDED, That such investigative reports
shall be made available without the necessity
of obtaining a court order, to
employees of governmental agencies in the
performance of their official duties, to
the injured workman or his legal representative or his labor organization representative, or to the legal representative or
labor organization representative of a
deceased workman who was the subject of an
investigation,
or to the employer of the
injured or deceased workman or any other
employer or person whose actions or business operation is the subject of the
report of investigation, or any attorney
representing a party in any pending legal
action in which an investigative report
constitutes relevant and material evidence
in such legal action. ( 1973 c 80 § 26.]
49.17.270
ADMINISTRATION Qf CHAPTER.
The department--shall--be--the sole--and
paramount administrative agency responsi~
ble for the administration of the provisions of this chapter, and any other
agency of the state or any municipal
corporation or political subdivision of
the state having administrative authority
over the inspection, survey, investigation,
or any regulatory or enforcement
authority of safety and health standards
related
to the health and safety of
employees in any work place subject to
this chapter, shall be required, notwithstanding any statute to the contrary, to
exercise such authority as provided in
this chapter and subject to interagency
agreement or agreements with the department made under the ~uthority of the
interlocal cooperation act (chapter 39.34
RCW) relative to the procedures to be
followed in the enforcement of this chapter:
PROVIDED, That in relation to employers using or possessing sources of
ionizing radiation the department of labor
and
industries and the department of
530
J
HEALTH AND SAFETY--UNDERGROUND WORKERS
49.24.080
--------------------------------------------------------------------------------------social and health services shall agree
upon mutual policies, rules, and regulations compatible with policies, rules, and
regulations adopted pursuant to chapter
70.98 RCW insofar as such policies, rules,
and regulations are not inconsistent with
the provisions of this chapter.
(1973 c
80§21.]
49.17.900
§HORT !II~~ This act shall
be known and cited as the Washington
Industrial Safety and Health Act of 1973.
(1973 c 80 § 29.]
49,17.910
~~!ER~!11IX==1211 £ ~Q~
If
any prov~s~on of this act, or i~s 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.
[1973 c 80 § 30.]
Chapter 49.20
HEALTH AND SAFETY-FACTORIES, MILLS, WORKSHOPS
49.20.010
SAFEGUARD.§ !.Q ~~ g.BQ.ll.@D-=
Q.!! .Q~.fECTIV~ £;QUig11ENT TO BE ll:t:ME.:
QIE~g~!b!!~
(1959 c 98 ~ 1; 1943 c 17
§ 1; 1907 c 205 § 1; 1905 c 84 § 1; Rem.
supp. 1943 c 7658. Prior: 1903 c 37 §
1.] Repealed by 1973 c 80 § 28.
!!NSAF~
49.20.020
!EN!!LATION !].Q SANITATION.
(1963 c 62 § 1; 1959 c 98 § 2; 19os:-ca4§
2; RRS § 7659. Prior:
1903 c 37 § 3.]
Repealed by 1973 c 80 § 28.
49.20.030
SAFEGUARDS fQ!
liATCHWAY§L
STAIR,ll!.§L .§HAFT~ETc. [1905 c 84 § 3;
RRS § 7660.
Prior:
1903 c 37 § 2. )
Repealed by 1973 c 80 § 28.
49.20.040
~ll.!1INATION
OF
£:ACTORIESL
(1959 c 98 § 3; 1907 c 205 § 2; 1905
c 84 § 4; RRS § 7661. ] Repealed by 197 3 c
80 § 28.
~~.!..
49.20.050
REQUEST~
f~
IN§PE~TION.!..
[ 1959 c 98 § ~. 1907 c 205 § 3; 1905 c 84
§ 5; RRS § 7662.] Repealed by 1973 c 80 §
28.
49.20.060
EMPLOYEE MAY NOTIFY SUPERVI§Q!! Q.f DEFECTs:-fi959 c98_§_5; -190Sc84
§ 6; RRS § 7663.] Repealed by 1973 c 80 §
28.
49.20.110
g]!!bii~
[1959 c 98 § 6;
1907 c 205 § 5; 1905 c 84 § 11; RRS §
7665. Prior: 19Q3 c 37 § 4.]
Repealed
by 1973 c 80 § 28.
1973 RCW SUPP.
[ 531
Chapter 49.24
HEALTH AND SAFETY--UNDERGROUND WORKERS
49.24.070
&NlQ~!H~
The director
of labor and industries through and by
means of the division of industrial safety
and health shall have the power and it
shall be his duty to enforce the provisions of RCW 49.24.010 through 49.24.070.
Any authorized inspector or agent of the
division of industrial safety and health
may issue and serve upon the employer or
person in charge of such work, an order
requiring compliance with a special provision or specific provisions of RCW 49.24.010 through 49.24.070 and directing the
discontinuance of any employment of persons in compressed air in connection with
such work until such specific provision or
provisions hav€ been complied with by such
employer to the satisfaction of the division of industrial safety and health.
( 1 9 73
1st ex. s. c 52 § 7; 1 9 3 7 c 1 31 § 8;
RRS § 7666-8. ]
]ff2£!iY2 Qgte==J273 12! 2!~§.!..
See note following RCW 43.22.010.
£
22~
49.24.080
REQUIBEMENTS f~ Q!Q~BQROQ!Q
LA]QB.!..
Every person, firm or corporation
constructing, building or operating
a
tunnel, quarry, caisson or subway. excepting in connection with mines,
with or
without
compressed air, shall in the
employment of any labor comply with the
following safety provisions:
(1)
A safety miner shall be selected by
the crew on each shift who shall check the
conditions necessary to make the working
place safe; such as loose rock, faulty
timbers, poor rails, lights,
ladders,
scaffolds, fan pipes and firing lines.
(2)
Ventilating fans shall be installed
from
twenty-five to one hundred feet
outside the portal.
(3).
No employee shall be allowed to
"bar down« without the assistance
of
another employee.
(4)
No employee shall be permitted to
return to the heading until at least
thirty minutes after blasting.
(5)
Whenever persons are employed in
wet places, the employer shall furnish
such persons with rubbers, boots, coats
and hats. All boots if worn previously by
an employee shall be sterilized before
being furnished to another:
PROVIDED,
That RCW 49.24.080 through 49.24.380 shall
not apply to the operation of a railroad
except that new construction of tunnels,
caissons or subways in connection there~
with shall be subject to the provisions of
RCW 49.24.080 through 49.24.380:
PROVIDED, FURTHER, That in the event of repair
work being done in a railroad tunnel, no
person shall be compelled to perform labor
until the air has been cleared of smoke,
gas and fumes.
[1973 1st ex.s. c 154 §
89; 1965 c 144 § 1; 1941 c 194 § 1; Rem.
Supp. 1941 § 7666-9.)
]
49.24.080
LABOB REGULATIONS
-----------------------------------------------------------------------~--------------~~~rabilit!==1211
121
~~~
note following RCW 2.12.030.
£ ~
See
49.2q.110
!!fi!Q§I
J!LVE~~
Exhaust
valves shall be provided, having risers
extending to the upper part of chamber, if
necessary, and shall be operated at such
times as may be required and especially
after a blast, and persons shall not be
required to resume work after a blast
until the gas and smoke have cleared, for
at least thirty minutes. (1973 1st ex.s.
c 154 § 90; 1941 c 194 § 4; Rem. Supp.
1941 § 7666-12.]
~~~.£S.Jlllitl
.J.21J jst ex.~ £ 154.;_
note following RCW 2.12.030.
See
49.26.040
REGULATIONS--ENFORCEMENT
The asbestos usestandardsrequir:ed- u~der
RCW 49.26.020 and the list of approved
container types required under RCW 49.25.030 shall be adopted as regulations of
the department of labor and industries.
The department shall have the power to
implement and enforce such regulations.
( 197 3 c 30 § 4. ]
49. 26.900
gllMBIL!.I!=:llll ~ 30.:. If
any prov~s~on of this 1973 act, or its
application to a~y person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstar.ces is not
affected. (1973c30§5.]
Chapter 49.28
HOURS OF LABOR
Chapter 49.26
HEALTH AND SAFETY--ASBESTOS USE
49.26.010
bEG!~b!%!1]
DECLARATION.
kir-borne asbestos dust and--particles:
such as those from
sprayed
asbestos
slurry, asbestos-coated ventilating ducts,
and certain other applications of asbestos
are known to produce irreversible lung
damage and bronchogenic carcinoma.
one
American of every four dying in urban
areas of the United states has asbestos
particles or dust in his lungs.
The
nature of this problem is such as to
constitute a hazard to the public health
and safety, and should be brought under
appropriate regulation.
[1973 c 30 § 1.]
49.26.020
ASB]~!Q~
~~
~!!!~ARDS~
standards regulating the use of asbestos
in construction or manufacxuring shall be
established by the director of the department of labor and industries, with the
advice of the state health officer and the
department of ecology.
Standards to be
adopted shall describe the types of asbestos that may be used in construction and
manufacturing, the methods and procedures
for their use, and such other requirements
as may be needed to protect the public
health and saf~ty with respect to airborne asbestos particles and
asbestos
dust. (1973 c 30 § 2.]
49.28.070
EIGHT HOUR DAY FOR FEMALES-COMMISSION ESTABLISHED::DEFENS~PRODUCTION
PEiMi!s:-- f196s--c-4,-§-;;-19s1_c_a4~-;:
Formerly (i) 1911 c 37 § 1; RRS § 7651.
cf.
1901 c 68 § 1.
(ii) 1911 c 37 § 3;
RRS § 7619 (concerning 1911 c 37 § 1 see
note following RCW 49.12.230) .] Repealed
by 1973 1st ex.s. c 154 § 121.
Chapter 49.44
VIOLATIONS--PROHIBITED PRACTICES
49.44.120
g~QQigiliQ
~!~
Q~IEC!QB
It shall be unlawful for any
person,
firm, corporation or the state of
Washington, its political subdivisions or
municipal
corporations to require any
employee or prospective employee to take
or be subjected to any lie detector or
similar tests as a condition of employment
or continued employment:
PROVIDED, That
this section shall not apply to persons
making initial application for employment
with any law enforcement agency:
PROVIDED
FURTHER, That this section shall not apply
to either the initial application for
employment
or continued employment of
persons who dispense controlled substances
as defined in chapter 69.50 RCW, or to
persons in sensitive positions directly
involving national security, or to persons
in the field of public law enforcement who
are seeking promotion to a rank of captain
or higher.
( 1973 c 145 § 1; 1965 c 152 §
I~~~
1• ]
49.26.030
CONTAINERS FOB ASBESTOS PRODUCTS. Products ~aining-asbestos shall
~ored in containers of types approved
by the director of the department of labor
and industries, with the advice of the
state health officer and the department of
ecology.
Containers of asbestos shall be
plainly marked "Asbestos-do not inhale"
or other words to the same effect.
(1973
c30§3.]
Chapter 49.46
MINIMUM WAGE ACT
49.46.020
Mili!HgH liQ[gb! WAGE.:. Every
employer shall pay to each of his employees who have reached the age of eighteen
years wages at a rate of not less than one
dollar and sixty cents per hour except as
( 532 ]
LAW AGAINST DISCRIMINATION
49.60.040
--------------------------------------------------------------------------------------may be otherwise provided under
this
chapter:
PROVIDED, That beginning the
calendar year 1974, the applicable rate
under this section shall be one dollar and
eighty cents per hour, and beginning the
calendar year 1975 the applicable rate
under this section shall be two dollars an
hour. [1973 2nd ex.s. c 9 § 1; 1967 ex.s.
c 80 § 1; 1961 ex.s. c 18 § 3; 1959 c 2-94
§ 2. J
Chapter 49.60
LAW AGAINST DISCRIMINATION
cross Reference:
Sex equality:
Amendment 61.
State
Constitution,
49.60.010
PUl!f.Qg OF CHAPTER.
This
chapter shall be known as the "law-against
discrimination". It is an exercise of the
police power of the state for the protection of the public welfare, health,
and
peace of the people of this state, and in
fulfillment of the provisions of
the
constitution
of this state concerning
civil rights.
The legislature
hereby
finds
and declares that practices of
discrimination against any of its inhabitants becaus~ of race, creed, color, national origin, sex, marital status, age,
or the presence of any sensory, mental, or
physical handicap are a matter of state
concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the
institutions and foundation of a free
democratic
state.
A state agency is
herein created with powers with respect to
elimination and prevention of discrimination in employment, in credit and insurance transactions, in places of public
resort, accommodation, or amusement,
and
in real property transactions because of
race, creed, color, national origin,
sex,
marital status, age, or the presence of
any sensory, mental, or physical handicap;
and the board established hereunder is
hereby given general jurisdiction
and
power for such purposes. (1973 1st ex.s.
c 214 § 1 ; 19 7 3 c 1 41 § 1 ;
19 6 9 ex. s.
c
1957 c 37 § 1; 1949 c 183 § 1;
167 § 1;
Rem. Supp. 1949 § 7614-20.]
49.60.020
CONSI!Q£I!Q! Qf
CHAPTER-~~E£IION Q! OTHER REMEDIES. T~rovi:
s~ons of this ~hapter-shalr--be construed
liberally for the accomplishment of the
purposes thereof. Nothing contained in
this chapter shall be deemed to repeal any
of the provisions of any other law of this
state relating to discrimination because
of race, color,
creed,
national or~g~n,
sex, marital status, age, or the presence
of any sensory, mental, or physical handicap, o~her than a law which purports to
require or permit doing any act which is
an unfair practice under this chapter.
Nor shall anything herein contained be
1973 RCW SUPP.
[ 533
construed to deny the right to any person
to institute any action or pursue any
civil or criminal remedy based upon an
alleged violation of his civil rights.
[ 1973 1st ex.s. c 214 § 2; 1973 c 141 § 2;
1957 c 37 § 2; 1949 c 183 § 12; Rem. Supp.
1949 § 7614-30.)
.49.60.030
FREEDO~
IIQN--~~CLAR!IIO~ OF
I]Q~
QI2~~I~~AÂ
£IY1b giGtli~
(1)
The right to be free from discrimination
because of race,
creed, color,
national
origin,
sex,
or the presence of any
sensory, mental, or physical handicap is
recognized as and declared to be a civil
right.
This right shall include, but not
be limited to:
(a)
The right to obtain and hold employment without discrimination;
(b)
The right to the full enjoyment of
any of the accommodations, advantages,
facilities, or privileges of any place of
public resort, accommodation, assemblage,
or amusement;
(c)
The right to engage in real estate
transactions without discrimination;
(d)
The right to engage in credit or
~nsurance
transactions
without
discrimination.
(2)
Any person deeming himself injured
by any act in violation of this chapter
shall have a civil action in a court of
competent jurisdiction to enjoin fur~her
violations, to recover the actual damages
sustained by him, or both, together with
the cost of suit including a reasonable
attorney's fees or any other remedy authorized by this chapter or the United States
Civil Rights Act of 1964; and
(3)
Notwithstanding any other provisions of this chapter, any act proh~bited
by this chapter related to sex discrimination which is committed in the course of
trade or commerce in
the
state
of
Washington as defined in the Consumer
Protection Act, chapter 19.86 RCW, shall
be deemed an unfair practice within the
meaning of RCW 19.86.020 and subject to
all the provisions of chapter 19.86 RCW as
now or hereafter amended. (1973 1st ex.s.
c 214 § 3; 1973 c 141 § 3; 1969 ex.s. c
167 § 2; 1957 c 37 § 3; 1949 c 183 § 2;
Rem. Supp. 1949 § 7614-21.]
As used in
49.60.040
this chapter:
"Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal
representatives, trustees and receivers or
any group of persons;
it includes any
owner, lessee, proprietor, manager, agent
or employee,
whether one or more natural
persons; and further includes any political or civil subdivisions of the state and
any agency or instrumentality of the sta~e
or of any political or civil subdivision
thereof;
"Employer" includes any person acting in
the interest of an employer, directly, or
J
49.60.040
LABOR REGULATIONS
-------------------------indirectly, who has eight or more persons
in his employ,
and does not include any
religious or sectarian organization,
not
organized for private profit;
"Employee" does not include any individual employed by his parents, spouse or
child, or in the domestic service of any
person;
"Labor organization" includes any organization which exists for the purpose, in
whole or in part, of dealing with employers concerning grievances or terms or
conditions of employment, or for other
mutual aid or protection in connection
with employment;
"Employment agency" includes any person
undertaking with or without compensation
to
recruit,
procure,
refer,
or place
employees for an employer;
"National origin" includes "ancestry";
"Full enjoyment of" includes the right
to purchase any service, commodity or
article of personal property offered or
sold on,
or by, any establishment to the
public, and the admission of any person to
accommodations, advantages, facilities or
privileges of any place of public resort,
accommodation, assemblage or amusement,
without acts directly or indirectly causing persons of any particular race, creed
or color, to be treated as not welcome,
accepted, desired or solicited;
"Any place of public resort,
accommodation,
assemblage or amusement" includes,
but is not limited to, any place, licensed
or unlicensed,
kept for gain,
hire or
reward, or where charges are made for
admission,
service, occupancy or use of
any property or facilities,
whether conducted for the entertainment, housing or
lodging of transient guests, or for the
benefit,
use or accommodation of those
seeking health, recreation or rest, or for
the burial or other disposition of human
remains, or for the sale of goods,
merchandise,
services, or personal property,
or for the rendering of personal services,
or for public conveyance or transportation
on land, water, or in the air,
including
the stations and terminals thereof and the
garaging of vehicles,
or where food or
beverages of any kind are sold for consumption on the premises, or where public
amusement, entertainment, sports or recreation of any kind is offered with or
without charge, or where medical service
or care is made available, or where the
public gathers, congregates, or assembles
for amusement, recreation or public purposes,
or public halls, public elevators
and public washrooms of buildings and
structures occupied by two or more tenants, or by the owner and one or more
tenants,
or any public library or educational institution, or schools of special
instruction,
or nursery schools, or day
care centers or children's camps:
PROVIDED, That nothing herein contained shall be
construed to include or apply to any
institute,
bona fide club, or place of
accommodation,
which
is by its nature
distinctly private, including fraternal
(
organizations, though where public use is
permitted that use shall be covered by
this chapter; nor shall anything herein
contained apply to any educational facility, columbarium, crematory, mausoleum, or
cemetery operated or maintained by a bona
fide religious or sectarian institution·
"Real property"
includes
buildin~s,
structures, real estate, lanas, tenements
leaseholds, interests in real estate coop:
eratives, condominiums, and hereditaments
corporeal and incorporeal, or any interes~
therein;
"Real estate transaction" includes the
sale, exchange, purchase, rental or lease
of real property.
"Credit transaction" includes any open
or closed end credit transaction, whether
in the nature of a loan,
retail installment transaction, credit card issue or
charge,
or otherwise, and whether for
personal or for business purposes, in
which a
service,
finance,
or interest
charge is imposed, or which provides for
repayment in scheduled payments, when such
credit is extended in the course of the
regular course of any trade or commerce,
including but not limited to transactions
by hanks~ savings and loan associations or
other financial lending institutions of
whatever nature, stock brokers, or by a
merchant or mercantile establishment which
as part of its ordinary business permits
or provides that payment for purchases of
property or service therefrom may
be
deferred.
( 1973 c 141 § 4; 1969 ex.s. c
167 § 3; 1961 c 103 § 1; 1957 c 37 § 4;
1949 c
183 § 3; Rem. Supp. 1949 § 761422. ]
4 9. 6 0. 120
QRTAI,H fQ WERS AND !?QI.!b1 Qf
The board shall have the functions, powers and duties:
(1)
To appoint an executive secretary
and chief examiner,
and such investigators, examiners, clerks, and other employees and agents as it may deem necessary,
fix their compensation within the limitations provided by law, and prescribe their
duties.
(2)
To obtain upon request and utilize
the services of all governmental departments and agencies.
(3)
To adopt, promulgate,
amend, and
rescind suitable rules and regulations to
carry out the provisions of this chapter,
and the policies and
practices of ,the
board in connection therewith.
(4)
To receive, investigate, and pass
upon complaints alleging unfair practices
as defined in this chapter because of sex,
race,
creed, color, national origin, or
the presence of any sensory, mental, or
physical handicap.
(5)
To issue such publications and such
results of investigations and research as
in its judgment will tend to promote good
will and minimize or eliminate discrimination because of sex, race,
creed,
color,
national origin, marital status, age, or
]QARD~
534
J
LAW AGAINST DISCRIMINATION
49.60.180
--------------------------------------------------------------------------------------the presence of any sensory, mental, or
physical handicap.
.
(6) To make such techn~cal studies as
are appropriate to effectuate the purposes
and policies of this chapter and
to
publish and distribute the reports of such
studies. [1973 1st ex.s. c 214 § 4;
1973
c 141 § 7; 1971 ex.s. c 81 § 1; 1957 c 37
§ 7; 1955 c 270 § 8. Prior:
1949 c 183 §
6, part; Rem. supp. 1949 § 7614-25, part.]
49.60.130
!!2
~~!I] !]ii~Q]l !Q~NCJ]]
CQN~~Ll!TION £QQM~lb~~
The board has
power to create such advisory agencies and
conciliation councils, local, regional, or
state-wide, as in its judgment will aid in
effectuating the purposes of this chapter.
The board may empower them to study the
problems
of discrimination in all or
specific fields of human relationships or
in specific instances of discrimination
because of sex, race, creed, color, national origin, marital status, or the
presence of any sensory, mental, or physical handicap: to fos~er through community
effort or otherwise good will, cooperation, and conciliation among the groups
and elements of the population of the
state, and to make recommendations to the
board for the development of policies and
procedures in general and in specific
instan.ces, and for programs of formal and
informal education which the board may
recommend to the appropriate state a9ency.
such advisory agencies and conciliation·
councils shall be composed of representative citizens, serving without pay, but
with reimbursement for actual and necessary traveling expenses, and the boa~d may
make provision for technical and clerical
assistance to such agencies and councils
and for the expenses of such assistance.
The board may use organizations specifically experienced in dealing with questions of discrimination. [1973 1st ex.s.
c 214 § 5; 1973 c 141 § 8; 1971 ex.s. c 81
§ 2; 1955 c 270 § 9. Prior:
1949 c 183 §
6, part; Rem. Supp. 1949 § 7614-25, part.]
~RACTIC~~
OF riNAN=
It shall be an unfair
practice to use or require designation of
the sex, race, creed, color or national
origin of any person on any document
concerning an application for credit in
any credit transaction. (1973 c 141 § 9;
49.60.175
UNr!IE
~!!~ IN~Il!Y!~
1959 c 6 8 § 1. ]
49.60.176
UNFAIR PRACTICES ll!l! RE=
~ll£! IQ illQIT TRANSACTIQNS~-- (1)
It is
an unfair practice for any person whether
acting for himself or another in connection with any credit transaction because
of race, creed, color, national origin,
sex or marital status:
(a) To deny credit to any person;
(b) To increase the charges or fees for
or collateral required to secure
any
credit extended to any person;
1973 RCW SUPP.
(c)
To restrict the amount or use of
credit extended or to impose different
terms or conditions with respect to the
credit extended to any person or any item
or service related thereto;
(d)
To attempt to do any of the unfair
practices defined in this section.
(2)
Nothing in this section shall prohibit any party to a credit transaction
from considering the credit history of any
individual applicant.
(3)
Further, nothing in this section
shall prohibit any party to a credit
transaction from considering the application of the community property law to the
individual case or from taking reasonable
action thereon. [ 1973 c 141 § 5.]
49.60.178
UNFAIR PRACTICES li1I1! ~~=
SPECT TO INSURANCE TRANSACTIONS.
It is an
~fair--pr;ctice--for--iny--person whether
acting for himself or another in connection with an insurance transaction to fail
or refuse to issue or renew insurance to
any person because of sex, marital status,
race, creed, color or national origin. For
the purposes of this section, "insurance
transaction" is defined in RCW 48.01.060.
The fact that rates charged may have
been filed and approved pursuant to Title
48 RCW does not constitute a defense to an
action under this section and the fact
that such unfair practice may also be a
violation of chapter 48.30 RCW does not
constitute a defense to an action brought
under this section. (1973 c 141 § 6.]
Cross Reference:
Cancellation or failure to renew insurance based upon sex or marital status
deemed unfair practice:
RCW 48.30.280,
48.30.290.
49. 60. 180
.Ylfl!.!B PR,!CTIC~ OF ~MPLO.l~~
It is an unfair practice for any
employer:
(1)
To refuse to hire any person because of such person's age, sex, ~arital
status, race, creed, color, national origin, or the presence of any sensory,
mental, or physical handicap, unless based
upon a bona fide occupational qualification:
PROVIDED, That
the
prohibition
a~ainst
discrimination because of such
handicap shall not apply if the particular
disability prevents the proper performance
6£ the particular worker involved.
(2)
To discharge or bar any person from
employment because of such person's age,
sex, marital status, race, creed, color,
national origin,_ or the presence of any
sensory, mental, or physical handicap.
(3)
To discriminate against any person
in compensation or in other terms or
conditions of employment because of such
person's age, sex, marital status, race,
creed, color, national origin, or the
presence
of
any sensory, mental, or
physicial handicap: PROVIDED, That
it
shall not be an unfair practice for an
DEfiN~~
[ 535 ]
49.60.180
LABOR REGULATIONS
-----------------------~-----------------------.~-
employer to segregate washrooms or locker
facilities on the basis of sex, or to base
other terms and conditions of employment
on the sex of employees where the board by
regulation or ruling in a
particular
instance has found the employment practice
to be appropriate for the practical realization of equality of opportunity between
the sexes.
(ij)
To print, or circulate, or cause to
be printed or circulated any statement,
advertisement, or publication, or to use
any form of application for employment, or
to make any inquiry in connection with
prospective employment,
which expresses
any limitation, specification, or discrimination as to age, sex,
marital status,
race,
creed, color,
national origin, or
the presence of any sensory,
mental, or
physical handicap,
or any intent to make
any such limitation,
specification, or
discrimination, unless based upon a bona
fide occupational qualification:
PROVIDED, Nothing contained herein shall prohibit advertising in a foreign
language.
( 1973 1st ex.s.
c 214 § 6; 1973 c 141 §
10; 1971 ex.s. c 81 § 3; 1961 c 100 § 1;
1957 c
37 § 9.
Prior:
1949 c 183 § 7,
part; nem. Supp. 1949 § 7614-26, part.)
limitation, specification or discrimination as to age, sex, race, creed, color
or national origin, or the presence of
sensory,
mental, or physical handicap, or
any intent to make any such limitation
specification,
or discrimination, unles;
based upon a bona fide occupational qualification:
PROVIDED,
Nothing contained
herein shall prohibit advertising in a
foreign language. [1973 1st ex.s. c 214 §
9; 1973 c 141 § 12; 1971 ex.s. c 81 § 5;
1961 c
100 § 3; 1957 c 37 § 11. Prior:
1949 c 183 § 7, part; Rem.
Supp.
1949 §
7614-26, part.]
any
49 .60. 222
QHFAIR .f!i.!£!192 !!II.!! .M=
SPEC! TO REA!£ ESTATE TRAN~A£!19!i~L llfl1!=
TIES OR SERVICES.
It is
an
unfair
practice for any person, whether acting
for himself or ano~her, because of sex,
marital status,
race, creed, color or
national origin:
(1)
To refuse to engage in a real
estate transaction with a person;
(2)
To discriminate against a person in
the terms, conditions or privileges of a
real estate transaction or in the furnishing of facilities or services in connection therewith;
(3)
To refuse to receive or to fail to
transmit a bona fide offer to engage in a
real estate transaction from a person;
(4)
To refuse to negotiate for a real
estate transaction with a person;
(5)
To represent to a person that real
property is not available for inspection,
sale, rental, or lease when in fact it is
so available,
or to fail to bring a
property listing to his attention, or to
refuse to permit him to inspect real
property;
(6)
To print, circulate, post or mail
or cause to be so published a statement,
advertisement or sign, or to use a form of
application for a real estate transaction,
or to make a record or inquiry in connection with a prospective real estate transaction,
which indicates,
directly
or
indirectly, an intent to make a limitation,
specification, or
discrimination
with respect thereto;
(7)
To offer, solicit, accept, use or
retain a listing of real property with the
understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities
or services in connection therewith;
(8)
To expel a person from occupancy of
real property; or
(9)
To discriminate in the course of
negotiating, executing of [or] financing a
real estate transaction whether by mortgage,
deed of trust, contract or other
instrument imposing a lien or other security in real property or in negotiating or
executing any item or service related
thereto including issuance of title insurance, mortgage insurance, loan guarantee,
or other aspect of the transac~ion.
Nothing in this section shall limit the effect
49.60.190
UNFAIR RRACTIC~ OF 1b]QS
UNIQl!§ DEFiliED-:-Itis an unfair practice
for any labor union or labor organization:
(1)
To deny membership and full membership rights and privileges to any person
because of age, sex, marital status, race,
creed, color, national origin, or the
presence of any sensory, mental, or physical handicap.
(2)
To expel from membership any person
because of age, sex, marital status, race,
creed, color, national origin, or the
presence of any sensory, mental, or physical handicap.
(3)
To discriminate against any member,
employer, or employee because of age, sex,
marital status, race,
creed, color, national origin, or the presence of any
sensory,
mental,
or physical handicap.
[1973 1st ex.s. c 214 § 8; 1973 c 141 §
11;
1971 ex.s. c 81 § 4; 1961 c 100 § 2;
1957 c 37 § 10. Prior:
1949 c 183 § 7,
part; Rem. Supp. 1949 § 7614-26, part.]
49.60.200
UNFAIS PRACTICES OF li~E1Q!=
MENT AGE!£IE~
It is-an-unfair practice
any employment agency to fail or
refuse to classify properly or refer for
employment, or otherwise to discriminate
against,
an individual because of age,
sex, marital status, race, creed, color,
national origin,
or the presence of any
sensory, mental, or physical handicap, or
to print or circulate, or cause to be
printed or circul~ted any statement,
advertisement, or publication, or to use any
form of application for employment, or to
make any inquiry in connection with prospective employment, which expresses any
for-
(
536
1
HEALTH CARE ACTIVITIES
49.66.020
------------------------------------------------------------------------------~--------
of RCW 49.60.176 relating to unfair practices in credit transactions.
(10)
To attempt to do any of the unfair
practices defined in this section. ( 1973
c 141 § 13; 1969 ex.s. c 167 § 4.]
49.60.225
AWARD
IQ
QQnf~!INAlii
LO§~ OF ~~ §]~~RE£~
49.66.020
As used
in
this chapter:
(1)
"Health care activity" includes any
hospital, nursing hom~, institution, agency or establishment, exclusive of those
operated by the state, its municipalities,
or political subdivisions, haTing for one
of its principal purposes the preservation
of health or the care of sick, aged or
infirm persons.
(2)
"Bargaining unit"
includes
any
group
of employees of a health care
activity having substantially common interests with respect to working conditions.
The composition of a bargaining
unit may be determined by common consent
between an employer and its employees, or,
in the event either party shall apply to
the director of labor and industries for a
determination of the composition of a
bargaining unit, it shall be determined by
the director of labor and industries or
his delegated representative.
No bargaining unit shall be found appropriate if it
includes guards
together
with
other
employees.
(3)
"Employee" includes any registered
nurse
or licensed practical nurse or
service personnel performing services for
wages for a health c~re activity.
The
term shall not apply to a meaber of a
religious order assigned to a health care
activity by the order as a part of his
obligations to it; nor shall it apply to
persons performing services in connection
with healing by prayer or spiritual means
alone in accordance with the tenets and
practices of recognized church or religious denominations by adherents thereof;
nor shall it apply to supervisors.
(4)
"Employer" includes any
person,
agency,
corporation,
company or other
organization engaged in the operation of a
health care activity, whether for profitable or charitable purposes.
(5)
"Supervisor" means any individual
having authority, in the interest of the
employer, to hire, transfer, suspend, lay
off, recall, promote, discharge,
assign,
reward,
or discipline other employees, or
responsibly to direct them, or to adjust
their grievances, or effectively to recommend such action, if in connection with
the foregoing the exercise of such authority is not of a merely routine or clerical
nature,
but requires the use of independent judgment. supervisor includes registered
nurses
only
if administrative
supervision is his or her primary duty and
activity.
(6)
"Guard" means any individual employed as a guard to enforce against
to
employees and o~her persons rules
protect property of the employer or to
protect the safety of persons on the
employer's premises.
(7)
"Director" means the director of
the department of labor and industries.
(8)
"Department" means the department
of labor and industries. [1973 2nd ex.s.
c 3 § 2; 1972 ex.s. c 156 § 2.]
FOB
When a determination has been made under RCW 49.60.250
that an unfair practice involving real
property has been committed, the board or
its successor may, in addition to other
relief authorized by RCW 49.60.250, award
the complainant up to one thousand dollars
for loss of the right secured by RCW
49.60.010, 49.60.030. 49.6C.C40 and 49.60.222 through 49.60.226 as now or hereafter
amended to be free from discrimination in
real property transactions because of sex,
marital status, race,
creed,
color or
national origin. Enforcement of the order
and appeal therefrom by the complainant or
respondent shall be
made as provided in
RCW 49.60.260 and 49.60.270. (1973 c 141
§ 14; 1 96 9 ex. s. c 16 7 § 7. ]
Chapter 49.66
HEALTH CARE ACTIVITIES
49.66.010
PU]gQ§]:-F01I~!=-DECLAB!=
It is the public policy of the
state to exp-adite the settlement of labor
disputes arising in connection with health
cara activities, in order that there may
be no lessening, however temporary, in the
quality of the care given to patients. It
is the legislative purpose by this chapter
to promote collective bargaining between
health care activities and their employees, to protect the right of employees of
health care activities to organize and
select collective bargaining units
of
their own choosing.
It is further determined that any agreements involving union security including
an all-union agreement or agency agreement
must safeguard the rights of nonassociation of employees, based on bona fide
religious tenets or teachings of a church
or religious body of which such employee
is a member.
such employee must pay an
amount of money equivalent to regular
union dues and initiation fees and assessments, if any, to a nonreligious charity
or
to another charitable organization
mutually agreed upon by the
employee
affected and the representative of the
labor organization to which such employee
would otherwise pay dues.
The employee
shall furnish ~ritten proof that this has
been done.
If the employee and representative of the labor organization do not
reach agreement on the matter, the department shall designate such organization.
[1973 2nd ex.s. c 3 § 1; 1972 ex.s. c 156
§ 1. ]
IIO!~
1973 RCW SUPP.
[
537
J
1+9.66.030
LABOR REGULATIONS
--------------------------------------------------------------------------------------49.66.030
BARGAJ!J!§ Q!JI~~
An employee association shall be deemed the
properly designated representative of a
bargaining unit when it can show evidence
that bargaining rights have been assigned
to it by a majority of the employees in
the bargaining unit.
Should questions
arise concerning the representative status
of any employee organization claiming to
represent a bargaining unit of employees,
upon petition by such an organization, it
shall be the duty of the director, acting
by himself
or through a designee
to
investigate and determine the composition
of the organization.
Any organization
found authorized by not less than thirty
percent of the employees of a bargaining
unit shall be eligible to apply for an
election to determine its rights to represent the unit. If more than one organization shall claim to represent any unit,
the director, or his designee, may conduct
an election by secret ballot to determine
which organization shall be authorized to
represent the unit.
In order to
be
certified as a bargaining representative,
an employee organization must receive,
in
a secret ballot election, votes from a
majority of the employees who vote in the
election, except that nothing in this
section shall prohibit the voluntary recognition of a labor organization as a
bargaining representative by an employer
upon a showing of reasonable proof of
majority.
In any election held pursuant
to this section, there shall be a choice
on the ballot for employees to designate
that they do not wish to be represented by
any bargaining representative.
No representation election shall be directed in
any bargaining unit or any subdivision
thereof
within which,
in the preceding
twelve-month period, a valid election has
been held.
Thirty percent of the employees of an employer may file a petition for
a secret ballot election to ascertain
whether the employee organization which
has been certified or is currently recognized by their employer as their bargaining representative is no longer their
bargaining representative.
No employee organization shall be certified as the representa~ive of employees in
a bargaining unit of guards, if such
organization admits to membership, or is
affiliated directly or indirectly with an
organization which admits to membership,
employees other than guards. The determina~ion shall be based upon a plurality
of
votes cast in such election, and shall
remain in effect for a period of not less
than one year. In determining appropriate
bargaining units, the director shall limit
such units to groups consisting of registered nurses, licensed practical nurses or
service
personnel:
PROVIDED,
HOWEVER,
That if a majority of each such classification desires inclusion within a single
bargaining unit. they may combine into a
single unit.
[1973 2nd ex.s. c 3 § 3;
1972 ex.s. c 156 § 3.]
[
49.66.050
Q!llJ£ 1!]9~ E~!filf]~ BJ
EMPLOYEE
ORGANIZATIONS OR ill!L1~
It
shall-be an--unfair-labor practice and
unlawful, for any employee organization or
its agent to:
(1)
Restrain or coerce (a)
employees
in the exercise of their right to refrain
from self-organization, or (b)
an employer in the selection of its representatives
for purposes of collective bargaining or
the adjustment of grievances;
(2)
Cause or attempt to cause an employer to discriminate against an employee
in violation of subsection (3)
of RCW
49.66.040 or to discriminate against an
employee with respect to whom membership
in such organization has been denied or
terminated on some ground other than his
failure to tender the periodic dues and
initiation fees
uniformly required as a
condition of
acquiring
or
retaining
membership;
(3)
Refuse to meet and bargain in good
faith with an employer, provided it is the
duly designated representative of
the
employer's employees for purposes of collective bargaining;
(4)
Require of employees covered by a
union security agreement the payment, as a
condition precedent to becoming a member
of such organization,
of a fee in an
amount which the director finds excessive
or discriminatory under all the circumstances.
In making such a finding, the
director shall consider, among other relevant factors, the practices and customs of
labor organizations in the
particular
industry, and the wages currently paid to
the employees affected;
(5)
Cause or attempt to cause an employer to pay or deliver or agree to pay
or deliver any money or other thing of
value, in the nature of an exaction, for
services which are not performed or not to
be performed;
(6)
Enter into any contract or agreement,
express or implied,
whereby
an
employer or other person ceases or refrains, or agrees to cease or refrain,
from handling, using, selling, transporting or otherwise dealing in any of the
products or services of any other employer
or person, or to cease doing business with
any other employer or person, and any such
contract or agreement shall be unenforceable and void; or
{7)
Engage in, or induce or encourage
any individual employed by any employer or
to engage in, an activity prohibited by
RCW 49.66.060.
[1973 2nd ex.s. c 3 § 4;
1972 ex.s. c 156 § 5.]
49.66.070
RELIEF
FROK ~!f!Ig ~OR
PRACTICES--ACTIONS::REKEDIAL ORDERS.
The
director--or--any-employee -organization
qualified to apply for an election under
RCW 49.66.030 as now or hereafter amended
or any employer may maintain in its name
or in the name of its members legal action
in any county in which jurisdiction of the
employer or employee organization may be
538
J
----
DIGEST OF TITLE
TITLE 50
-------~-------~----------------------------------------------------------
obtained, to seek relief from the commission of an unfair labor practice: PROVIDED
That such
employer
or
employee
organization exhausts the admi~istrative
remedies under rules and regulat~ons promulgated by th~ department prior to seeking such court action.
The department is empowered and directed
to prevent any unfair labor practice and
to issue appropriate remedial orders.
Any
party aggrieved by any remedial order is
entitled to the judicial review thereof in
acco~dance with the provisions of
chapter
34.04 RCW. [1973 2nd ex.s. c 3 § 5; 1972
ex.s. c 156 § 7.]
TITLE 50
UNEMPLOYMENT COMPENSATION
Sections added, amended, or repealed:
50.04.030
50.04.180
50.04.310
50.04.323
50.04.355
49.66.080
RULES AND REGULATIONS--PROCEDURES.
The--airector -shaii--have~he
p~er---to make such rules and regulations
not inconsistent with this chapter. including the establishment of procedures
for the hearing and determination
of
charges alleging unfair labor practices,
and for a determination on application by
either party when an impasse has arisen,
and as he shall determine are necessary to
effectuate its purpose and to enable him
to carry out its provisions.
[ 1973 2nd
ex.s. c 3 § 6; 1972 ex.s. c 156 § 8.]
Ch_sQter
.2Q..t.Q~
]Q!E~
QI
~stabli§hment
.Q.f
Q.~EutÂ
~.h
50.08.020
Ch.sE~~
Divisions established.
50 d.£
50.12.020
50.12.040
50.12.180
49.66.090
Benefit year.
Family employment.
Unemployed individual.
Wages, remuneration--Government
or private retirement pension
plan payments--Effect upon eligibility--Reduction in benefits--Exceptions.
Wages, remuneration~Average
annual wage--Average weekly
wage--Qualifying annual wage-Qualifying weekly wage.
!dministratio.!!.:.
Personnel appointed by
commissioner.
Rules and regulations.
State-federal cooperation.
!B]l!B!II2B==~]~=
.!jERb=SliECTI2.!!=-_9!.blMAN~
In the event
that a health care activity and an employees' bargaining unit shall reach an impasse, the matters in dispute shall be
submitted to a board of arbitration composed of three arbitrators for final and
binding resolution. The board shall be
selected in the following manner:
Within
ten days, the employer shall appoint one
arbitrator and the employees shall appoint
one arbitrator.
The two arbitrators so
selected and named shall within ten days
agree upon and select the name of a third
arbitrator who shall act as chairman.
If,
upon the expiration of the period allowed
therefor the arbitrators are unable to
agree on the selection of a third arbitrator, such arbitrator shall be appointed at
the request of either party in accordance
with the provisions of RCW 7.04.050 and he
shall act as chairman of the arbitration
board. [1973 2nd ex.s.
c 3 § 7;
1972
ex.s. c 156 § 9.]
50.16.010
50.16.030
50.20.010
50.20.030
50.20.070
50.20 •. 100
50.20.130
50.20.190
50.22.010
50.22.070
50.22.080
49.66.120
ARBITRATORS--COMPENSATION-_!;XPID!SE.§.:. The
selectedby
the parties shall be paid at the daily
rate or rates not to exceed the usual or
customary rates paid to arbitrators in
addition to travel expenses and subsistence at the rates by law provided for
state employees generally.
Such
sums
together with all expenses of the hearing
shall be borne equally by the parties to
the arbitration proceedings.
[1973 2nd
ex.s. c 3 § 8; 1972 ex.s. c 156 § 12.]
arbitratarso-
1973 RC'il SUPP.
Ch.s£!g~
Benefit eligibility conditions.
Pregnancy limitation.
Disqualification for
misrepresentation.
suitable work factors.
Deducti9n from weekly benefit
amount.
Recovery of benefit payments.
Definitions.
Effect of benefits paid under
RCW 50.20.127.
(Repeal effective March 8, 1973.)
Temporary emergency benefit
program--Qualification for
emergency benefits--Amount of
benefits--Application of title
provisions and commissioner's
regulations.
(Repeal effective
March 8, 1973.)
50. 24
50 • .24.015
50.24.040
[ 539 ]
Unemployment compensatio~
fund--Administrative contingency fund.
Withdrawals from federal unem~
ployment trust fund.
£.Q.1!1£ibutio.D.§
121:
~.!!l.Elflfer§~
Wages-Deemed paid when contractually due.
Interest on delinquent
contributions.
TITLE 50
UNEMPLOYMENT COMPENSATION
---------------------------------
---------~-------------------
50.24.050
50.2~.130
50.29.010
50.29.040
50.29.060
50.29.070
Lien for contributions
generally.
Contractor's and principal's
liability for contributions.
the expiration of fifty-two weeks the
establishment of a new benefit year would
result in the use of a quarter of wages in
the new base year that had been included
in the individual's prior base year.
No benefit year will be established unless it is determined that the individual
earned wages in "employment" during his
base year of not less than the "qualifying
annual wage" computed for the calendar
year preceding the last June 30th immedi·
at ely
preceding his benefit year and
either had "employment" in not less than
sixteen weeks of his base year in each of
which he earned the "qualifying weekly
wage" computed for the second calendar
year preceding the calendar year in which
each such week ends or had "employment" in
not less than six hundred hours of his
base year:
PROVIDED, HOWEVER, That a
benefit year cannot be established if the
base year wages include wages earned prior
to the establishment of a prior benefit
year unless the individual earned wages in
"employment" during the last two quarters
of the new base year of not less than six
times the weekly benefit amount computed
for his new benefit year.
As the change contained in the third
paragraph of this section relating to the
weeks worked qualification would invalidate
basic data upon which benefit qualification determinatLons must be made the
satisfaction of the weeks worked requir~·
ment will require as to base year weeks
ending in the second two quarters of 1972
that the individual will have earned not
less than the "qualifying weekly wage"
computed for the calendar year
1971.
Nothing
in this paragraph or in the
preceding paragraph shall be deemed to
justify or support the redetermination of
any monetary determination denying the
establishment of a benefit year made prior
to the *effect~ve date of this
1973
amendatory act.
If the wages of an individual are not
based upon a fixed duration of time or if
the individual's wages are paid at irregular intervals or in such manner as not to
extend regularly over the period of employment, the wages for any week shall be
determined in such manner as the commissioner may by regulation prescribe. such
regulation shall,
so far as possible,
secure results reasonably similar to those
which would prevail if the individual were
paid
his wages at regular intervals.
[1973 c 73 § 1; 1970 ex.s. c 2 § 2; 1949 c
214 § 1: 1945 c 35 § 4; Rem. Supp. 1949 §
9998-143. Prior:
1943 c 127 § 13; 1939 c
214 § 19; 1937 c 162 § 19.]
Definitions.
Employer's average annual de~
crease quotient factor and benefit charge-back factor.
Predecessor and successor employer contribution rates.
Notice of employer benefit
charges and rate of contribution--Request for review and
redetermination--Petition for
hearing upon denia.:l-F·urther
appeal.
~hapt~ .2.Q.:.1~
Review~ He~rings ~M
!.E=
:e~la..;.
50.32.040
50.32.090
50.32.120
"50. 32.130
50.32.140
~hapte£
Benefit appeals procedure.
Finality of commissioner's
decision.
Procedure for judicial review.
Undertakings on seeking judicial review.
Interstate petitions to
Thurston county.
50.44
Spec~al £Qy~age
f£Q!i::
~i.QlHh
50.~1.040
50.44.050
50.44.07C
Services excluded under "employment" as used in BCW 50.44.010, 50.44.020 and 50.44.030.
Benefits payable, terms and
conditions.
surety bond or deposit of money
or securities when election to
make payments in lieu of
contributions.
Chapter 50.04
DEFINITIONS
50.04.030
~EN~fiT
.!ill.:.
"Benefit
year" with respect to each individual,
means the fifty-two consecutive week period beginning with the first day of the
calendar week with respect to which the
individual files an application for an
initial determination and thereafter the
fifty-two consecutive week period beginning with the first day of the calendar
week with respect to which the individual
next files an application for an initial
determination after the expiration of his
last preceding benefit year:
PROVIDED,
HOWEVER,
That the foregoing limitation
shall not be deemed to preclude
the
establishment of a new benefit year under
the laws of another state pursuant to any
agreement providing for the interstate
combining of employment and wages and the
interstate payment of benefits.
An individual's benefit year ~hall be
extended to be fifty-three weeks when at
[
*Effective date--1973 c 73: "Sections
7,
8,
10;- 11;--a;d--12 of--this
1973
amendatory
act are 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
immediately.
sections 1, 2, 3, 4,
5, 6,
and 9 of this 1973 amendatory act shall
540
1
DEFINITIONS
50.04.355
--------------------------------------------------------------------------------------take effect on July 1, 1973."
§ 13. 1
[1973 c
73
~~ise£!§ not.21
The effective date of
sections 7, 8, 10, 11, and 12 was March 8,
1973.
The effective date of sections 1,
2, 3, 4, 6 and 9 was July 1,
1973.
section 5 referred to above was vetoed.
50.04.180
FAMibY ~~R12!n~MI~ The term
nemployment" shall not include service
performed by an individual in the employ
of his or her spouse, nor shall it include
service performed by an unmarried individual under the age of eighteen years in the
employ of his or her parent or stepparent.
[ 1973 c 73 § 2; 1951 c 265 § 6;
1945 c 35 § 19; Rem. Supp. 1945 § 9998158.
Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.)
See
note
50.04.310
UNEMPLOYED INDIVIDUAL.
An
individual shall~--deemed-to~l.unemÂ
ployed" in any week during which
he
performs no services and with respect to
which no remuneration is payable to him,
or in any week o~ less than full time
work, if the remuneration payable to him
with respect to such week is less than one
and one-third times his weekly benefit
amount plus five dollars. The commissioner
shall prescribe regulations applicable to
unemployed indi-v-iduals making such distinctions in the procedures as to such
types of unemployment as the commissioner
deems necessary. b1973 2nd ex.s. c 7 § 1;
1945 c 35 § 32; Rem. supp. 1945 § 9998170. Prior:
1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1939 c 162 § 19.]
!I!.£licatiQn Q~ !£!.:..
"This act shall
apply to weeks of unemployment commencing
on or after January 6, 1974." (1973 2nd
ex.s. c 7 § 4.] "This act" consists of
amendments to RCW 50.04.310, 50.04.323 and
50.20.130 by 1973 2nd ex.s. c 7.
which he would normally be entitled on the
basis of this title and regulations enacted pursuant thereto,
his weekly benefit
amount shall be reduced by the amount
which his prorated weekly pension amount
exceeds twelve dollars. The reduced benefit amount so computed, if not a multiple
of one dollar, shall be raised to the next
higher multiple of one dollar.
Any amounts deducted by reason of this
section shall not be available for the
payment of future benefits, that is, the
individual's total benefit
entitlement
shall be reduced by the amount of benefits
paid plus any amounts deducted pursuant to
this section.
Payments received ur.der the old age and
survivors insurance program contained in
Title II of the federal social security
act, as amended,
payments received on
account of disability rather than
on
account of age or length of service and,
commencing with benefit years beginning on
and after July 1, 1973, payments attributable to retirement pensions which are
based in full on wages earned prior to the
individual's base year shall not operate
to reduce an individual's weekly benefit
amount.
Payments claimed or received under a
government or a private pension plan shall
not be considered wages subject to contri~
butions under this title nor shall such
payments be conside~ed in ~etermining base
year wages.
..
/
.
In the evelit that a retroac~~ve pens~on
or retirement plan covers a period in
which
an individual received benefits
under the provisions of this title, the
amouRt in excess of the amount to which
such individual would have been entitled
had such retirement or pension plan b~en
considered as provided in this section
shall be recoverable under RCW 5C.20.190.
[ 1973 2nd ex.s. c 7 § 2; 1973 1st ex.s. c
167 § 1; 1970 ex.s. c 2 § 19.]
!£plicat1Qll 2! 121J l~ ~~§~ f 1~
note following RCW 50.04.310.
50.04.355
WAGES,
See
g~~RAIIOH=-A!E]AG~
ANNUAL !AGE==.hn.B!GE lil;EKL! WAGE __ .Q.!!!LifJ.:
50.04.323
WAG~ RE]ill~!IIQ!__§QV~BB=
UMI illi R.!lilll] RETIREME!I PE~.I.Ql! Rli]
R.llllt!ii~
EHECT .QRQB giQ!~lL.lll=,!lEDUC=
IIQB I! BEN!IJI~~EX£EPTIONS~
Any payments which an individual has claimed, is
receiving or has received under a government or private retirement pension plan to
which a base year employer has contrib~ted
on behalf of such individual shall reduce
the unemployment compensation payable to
him on the following basis:
(1)
If such payment, prorated weekly,
equals
or exceeds the weekly benefit
amount to which he would normally be
entitled on the basis of his base year
earnings then
he
shall
be
totally
ineligible;
(2)
If such payment, prorated weekly,
is less than the weekly benefit amount to
1973 RCW SUPP.
IH2 !Blli.Q!1 liAG~.!!!1IFY1B2 li~]~1I WAg]~
on or before the fifteenth day of June of
each year an "average annual wage", an
"average weekly wage", a "qualifying annual wage", and a "qualifying weekly wage"
shall be computed from information for the
preceding calendar year reported by all
employers as defined in RCW 50.04.080 on
employers' contribution reports (including
corrections thereof)
filed within three
months after the close of that year. The
"average annual wage" is the quotient
derived by dividing total remuneration
reported by all employers by the average
number of workers reported for all months
if the result is not a multiple of one
dollar, and rounding the result to the
next lower multiple of one dollar.
The
"average annual wage" thus obtained shall
[ 541 ]
50.01J.355
UNEMPLOYMENT COMPENSATION
--------------------~------------------------------------------
be aivided by fifty-two and if the result
is not a multiple of one dollar, rounding
the result to the next lower multiple of
one
dollar to determine the "average
weekly wage".
The "qualifying
annual
wage" shall be computed by multiplying the
"average annual wage" by fifteen percent
and if the result is not a multiple of
fifty dollars, rounding the result to the
next lower multiple of fifty dollars. The
"qualifying weekly wage" shall be computed
by multiplying the "average weekly wage"
by fifteen percent and if the result is
not a multiple of one dollar, rounding the
result to the next lower multiple of one
dollar.
[1973 c 73 § 3; 1970 ex.s. c 2 §
6.
J
Eff~ti~ date-.-197,J
~
following RCW 50.04.030.
_....
73·
See
note
Chapter 50.08
ESTABLISHMENT OF DEPARTMENT
50.08.020
DIVISIONS
~ST~~~
There are hereby established ~n the employment security department two coordinate divisions to be
known
as
the
unemployment compensation division, and
the Washington state employment service
division, each of which shall be administered by a full time salaried supervisor
who shall be an assistant to the commissioner and shall be appointed by him.
Each division shall be responsible to the
commissioner for the dispatch of
its
distinctive functions. Each division shall
be a separate administrative unit with
respect to personnel, budget, and duties,
except insofar as the commissioner may
find
that
such
separation
is
impracticable.
It is hereby further provided that the
governor in his discretion may delegate
any or all of the organization, administration and
functions
of
the
said
washington state employment service divi•
sion to any federal agency.
[ 1973 1st
ex.s. c 158 § 1; 1947 c 215 § 9; 1945 c 35
§ 39; Rem. Supp. 1947 § 9998-177.
Prior:
1943 c 127 § 9; 1939 c 214 § 7; 1937 c 162
§ 9. ]
~-H~1i.!~ Q.st e=1.21J 1§1 ~~&~ ~ 15 8.:_
"This 1973 amendatory 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
on July 1, 1973." [1973 1st ex.s. c 158 §
21.] This applies to the amendments to
RCW 50.08.020,
50.12.020, 50.12.040, 50.12.180, 50.20.070, 50.20.100, 50.20.190,
50.24.040, 50.24.050, 50.24.130, 50.29.010, 50.29.040, 50.29.060,
50.29.070,
50.32.090 and 50.32.120-50.32.140 by 1973
1st ex.s. c 158, to RCW 50.24.015 and to
the repeal of RCW IJ7.64.050.
[ 542
Chapter 50.12
ADMINISTRATION
50.12.020
~RSONNEL !fPOIJI~Q ~!
MISSIQ~ER,
coa-
The commissioner is authorized
to appoint and fix the compensation of
such officers, accountants, experts, and
other personnel as may be necessary to
carry out the provisions of this title:
PROVIDED, That such appointment shall be
made on a nonpartisan merit basis in
accordance with the provisions of this
title relating to the selection of personnel. The c_ommissioner may delegate to any
person appointed such power and authority
as he deems reasonable and proper for the
effective administration of this title,
including the right to decide matters
placed in his discretion under this title,
and may in his discretion bond any person
handling
moneys
or
signing
checks
hereunder.
The commissioner shall not appoint or
employ any person who is an officer or
committee member of any political party
organization or who holds or is a candi·
date for any partisan elective public
office. [1973 1st ex.s. c 158 § 2; 191+5 c
35 § 41; Rem.
Supp.
1945 § 9998-179.
Prior:
1943 c 127 § 8; 1941 c 253 § 8;
1939 c 214 § 9; 1937 c 162 § 11.]
50.12.040
RUb~~ !NQ REGULATIQB~
Regular and emergency rules and regulations
shall be adopted, amended, or repealed by
the commissioner in accordance with the
provisions of Title 34 RCW and the rules
or regulations adopted pursuant thereto.
[1973 1st ex.s. c 158 § 3; 1945 c 35 § 1+3;
Rem. supp. 1945 § 9998~181. Prior:
191+3
c 127 § B; 1941 c 253 § 8; 1939 c 214 § 9;
1937 c 162 § 11.]
Effective date--1973 1st ex.s.
see-note-foliowing~cw s~os:o2o:
£
12~l
50.12.180
STAT~FE]~RA1
COOPERATION.
The commissioner, through the-Washington
state employment service division, shall
establish and maintain free public employment offices in such places as may be
necessary for the proper administration of
this title and for the purpose of performing such duties as are within the purview
of the act of congress entitled "An Act to
provide for the establishment of a national employment system and for other purposes," approved June 6, 1933 (48 Stat. 113;
u. S.C. Title 29, Sec. 49 (c), as amended).
In the administration of this title the
commissioner shall cooperate to the fullest extent consistent with ~he provisions
of this title, with any official or agency
of the United States having powers or
duties under the provisions of the said
act of congress, as amended, and to do and
J
FUNDS
50.16.010
--------------------------------------------------------------------------------------perform all things necessary to secure to
this state the benefits of the said act of
congress, as amended, in the promotion and
maintenance of a system of public employment offices. The provisions of the said
act of congress, as amended, are hereby
accepted by this state, in conformity with
section 4 of said act and there shall be
observance of and compliance with the
requirements thereof.
The commissioner
may cooperate with or enter into agreements with the railroad retirement board
with respect to the establishment, maintenance, and use of free employment service
facilities, and make available to said
board the state's records relating to the
administration of this title, and furnish
such copies thereof, at the expense of the
board, as it may deem necessary for its
purposes.
The commissioner shall comply with such
provisions as the social security board,
created by the social security act, approved August 14,
1935, as amended, may
from time to time require,
regarding
reports and the correctness and verification thereof, and shall comply with the
regulations of the social security board
governing the expenditures of such sums as
may be allotted and paid to this state
under Title III of the social security act
for the purpose of assisting the administration of this title.
The commissioner
may afford reasonable cooperation with
every agency of the United States charged
with the administration of any unemployment insurance law.
The governor is authorized to apply for
an advance to the state unemployment fund
and to accept the responsibility for the
repayment of such advance in accordance
with the conditions specified in Title XII
of the social security act, as amended, in
order to secure to this state and its
citizens the advantages available under
the provisions of such title.
The commissioner is also authorized and
empowered to take such steps, not inconsistent with law, as may be necessary for
the purpose of procuring for the people of
this state all of the benefits and assistance, financial and otherwise, provided,
or to be provided for, by or pursuant to
any act of congress.
Upon request therefor the commissioner
shall furnish to any agency of the United
states charged with the administration of
public works or assistance through public
employment, the name, address, ordinary
occupation, and employment status of each
recipient of benefits and such recipient's
rights to further benefits under this
title. [1973 1st ex.s. c 158 § 4; 1959 c
266 § 2; 1945 c 35 § 57; Rem. s.upp. 1945 §
9998-195. Prior:
1943 c 127 •§ 8; 1941 c
253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
]ff~!i~ ~~~11 jst ~!~~
See note following RCW 50.08.020.
1973 RCW SUPP.
£
12~~
[
Chapter 50.16
FUNDS
50.16.010
Q~]~PLOY~~!I
CO~g]~~!!!Q~
FU.HJ1=.AQ11Ilfl.§llATI.I£!
~ON.IlNG]]CY
FU~J1~
There shall be maintained as
special
funds,
separate and apart from all public
moneys or funds of this state an unemployment compensation fund and an administrative contingency fund,
which shall be
administered by the commissioner exclusively for the purposes of this title, and
to
which RCW 43.01.050 shall not be
applicable. The unemployment compensation
fund shall consist of
(1}
all contributions and payments in
lieu of contributions collected pursuant
to the provisions of this title,
(2}
interest earned upon any moneys in
the fund,
(3}
any property or securities acquired
through the use of moneys belonging to the
fund,
(4}
all earnings of such property or
securities,
(5)
any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title
XII
of
the social security act, as
amended,
(6)
all money recovered on official
bonds for losses sustained by the fund,
(7}
all money credited to this state• s
account in the unemployment trust fund
pursuant to section 903 of the social
security act, as amended,
(8}
all money received from the federal
government as reimbursement pursuant to
section 204 of the federal-state extended
compensation act of 1970
(84 Stat. 708712; 26 U.s.c. Sec. 3304), and
(9}
all moneys received for the fund
from any other source.
All moneys in the unemployment compensation
fund
shall
be
commingled and
undivided.
The administrative
contingency
fund
shall consist of all interest on delinquent contributions collected pursuant to
this title after June 20, 1953, all fines
and penalties collected pursuant to the
provisions of this title,
and all sums
recovered on official bonds for losses
sustained by the fund:
PROVIDED, That all
fe~s,
fines,
forfeitures and penalties
collected or assessed by a
justice court
because of the violation of a state law
shall be remitted as provided in chapter
3.62
RCW as nov exists or is later
amended.
The amount in this fund in
excess of one hundred thousand dollars on
the close of business of the last day of
each calendar quarter shall be immediately
transferred to this state's account in the
unemployment trust fund.
Moneys available
in the administrative contingency fund
shall be expended upon the direction of
the commissioner, with the approval of the
governor, whenever it appears to him that
such expenditure is necessary for:
543 ]
so. 16.010
UNEMPLOYMENT COMPENSATION
--------------------------------------------------------------------------------------(a)
The proper administration of this
title and no federal funds are available
for the specific purpose to which such
expenditure is to be made, provided, the
moneys are not substituted for appropriations from federal funds which, in the
absence of such moneys,
would be made
available.
{b)
The proper administration of this
title for which purpose appropriations
from federal funds have been requested but
not yet received, provided, the administrative contingency fund will be reimbursed
upon receipt of the requested
federal appropriation. [1973 c 73 § 4;
1969 ex.s. c 199 § 27; 1959 c 170 § 1;
1955 c 286 § 2; 1953 ex.s. c 8 § 5; 1945 c
35 § 60; Rem. Supp.
1945 §" 9998-198.
Prior:
1943 c 127 § 6; 1941 c 253 §§ 7,
10; 1939 c 214 § 11; 1937 c 162 § 13.]
Effective date--1973 c
fo'iiOWiilg RcwSO. 04 :03o.
1J~
See
treasury of the United States of America
to the credit of this state's account in
the unemployment trust fund.
(4)
Money credited to the account of
this state in the unemployment trust fund
by the secretary of the treasury of the
United States of America pursuant
to
section 903 of the social security act, as
amended, may be requisitioned and used for
the payment of expenses incurred for the
administration of this title pursuant to a
specific appropriation by the legislature,
provided that the expenses are incurred
and the money is requisitioned after the
enactment of an appropriation law which:
(a)
specifies the purposes for which
such money is appropriated and the amounts
appropriated therefor,
(b)
limits the period within which such
money may be obligated to a period ending
not more than two years after the date of
the enactment of the appropriation law,
and
{c)
limits the amount which may be
obligated during a twelve-month period
beginning on July 1st and ending on the
next June 30th to an amount which does not
exceed the amount by which (i) the aggregate of the amounts credited to
the
account of this state pursuant to section
903 of the social security act, as amended, during the same twelve-month period
and the twenty-fouE preceding twelve-month
periods, exceeds (ii) the aggregate of the
amounts obligated pursuant to RCW 50.16.030
(4), (5) and (6) and charged against
the amounts credited to the account of
this state during any of such twenty-five
twelve-month periods. For the purposes of
RCW 50.16.030
(4),
(5) and (6), amounts
obligated during any such twelve-month
period shall be charged against equivalent
amounts which were first credited and
which are not already so charged; except
that no amount obligated for administration during any such twelve-month period
may be charged against any amount credited
during such a twelve-month period earlier
than the twenty-fourth tw~lve-month period
preceding such period:
PROVIDED, That any
amount credited to this state's account
under section 903 of the social security
act, as amended, which has been appropri•
ated
for
expenses of administration,
whether or not withdrawn from the trust
fund shall be excluded from the unemployment compensation fund balance for the
purpose
of
experience
rating credit
determination.
(5)
Money credited to the account of
this state pursuant to section 903 of th~
social security act, as amended, may not
be withdrawn or used except for
the
payment of benefits and for the payment of
expenses of administration and of public
employment offices pursuant to RCW 50.16.o 30 (4), (5) and (6).
(6)
Money requisitioned as provided in
RCW 50.16.030 (4), (5)
and (6)
for the
payment
of expenses of administration
shall be deposit9d in the unemployment
compensation fund, but until expended,
note
50.16.030
WITHDRAWALS FROM FEDERAL UNjMPLO.!J2ID!.I TR]g FUND.!. ( 1)Moneys -shall
be requisitioned from this state's account
in tne unemployment trust fund solely for
the payment of benefits and repayment of
loans from the federal government
to
guarantee solvency of the unemployment
compensation fund in accordance with regulations prescribed by the commissioner,
except that money credited to this state's
account pursuant to section 903 of the
social security act, as amended, shall be
used exclusively as provided in RCW 50.16.030 (5).
The commissioner shall from
time to time requisition from the unemployment trust fund such amounts,
not
exceeding the amounts standing to its
account therein, as he deems necessary for
the payment of benefits for a reasonable
future period. Opon receipt thereof the
treasurer shall deposit such moneys in the
benefit account and shall issue his warrants for the payment of benefits solely
from such benefits account.
(2)
Expenditures of such moneys in the
benefit account and refunds from
the
clearing account shall not be subject to
any provisions of law requiring specific
appropriations or other formal release by
state officers of money in their custodJ,
and RCW 43.01.050, as amended, shall not
apply.
All warrants issued by the treasurer for the payment of benefits and
refunds shall bear the signature of the
treasurer and the countersignature of the
commissioner, or his duly authorized agent
for that purpose.
(3)
Any balance of moneys requisitioned
from the unemployment trust fund which
remains unclaimed or unpaid in the benefit
account after the expiration of the period
for which sums were requisitioned shall
either be deducted from estimates for, and
may be utilized for the payment
of,
benefits during succeeding periods, or in
the discretion of the commissioner, shall
be redeposited with the secretary of the
[
544
]
BENEFITS AND CLAIMS
50.20.100
-------------------------------~--------------------------------------------------~--
shall remain a part of the unemployment
compensation fund. The commissioner shall
maintain a separate record of the deposit,
obligation,
expenditure and return of
funds so deposited.
Any money so deposited which either will not be obligated
within the period specified by the appropriation law or remains unobligated at the
end of the period, and any mor.ey which has
been obligated within the period but will
not be expended, shall be returned promptly to the account of this state in the
unemployment trust fund. [1973 c 6 § 1;
1969 ex.s. c 201 § 1; 1959 c 170 § 2; 1945
c 35 § 62; Rem. Supp.
1945 § 9998-200.
Prior: 1943 c 127 § 6; 1941 c 253 § 7.]
Chapter 50.20
BENEFITS AND CLAIMS
50.20.010
BE!~fl!
~I§~lbl!!
fQNDI=
An unemployed individual shall be
eligible to receive waiting period credits
or benefits with respect to any week in
his eligibility period only if the commissioner finds that (1)
he has registered
for wo~k at, and thereafter has continued
to repor~ at, an employment office in
accordance with such regulation as the
commissioner may prescribe, except that
the comm~ssioner may by regulation waive
or alter either or both of the requirements of this subdivision as to individuals attached to regular jobs and as to
such other ~ypes of cases or situations
with respect to which he finds that the
compliance with such requirements would be
oppressive, or would be inconsistent with
the purposes of this title;
(2)
he has filed an application for an
initial determination and made a claim for
waiting period credit or for benefits in
accordance with the provisions of this
title;
(3)
he is able to work, and is available for work in any trade, occupation,
professio~,
or business for which he is
reasonably fitted. To be available for
work an individual must be ready, able,
and willing, immediately to accept any
suitable work which may be offered to him
and must be actively seeking work pursuant
to customary trade practices and through
other methods when so directed by the
commissioner or his agents; and
(4)
he has been unemployed for a waiting period of one week.
An indiviqual's eligibility period for
regular benefits shall be coincident to
his established benefit year.
An individual's eligibility period for additional or
extended benefits shall be the periods
prescribed elsewhere in this title for
such benefits. [1973 c 73 § 6; 1970 ex.s.
c 2 § 4; 1959 c 266 § 3; 1953 ex.s. c 8 §
7; 1951 c 265 § 9; 1951 c 215 § 11; 1949 c
214 § 9; 1945 c 35 § 68; Rem. Supp. 1949 §
9998-206. Prior:
1943 c 127 § 2; 1941 c
253 §§ 1, 2; 1939 c 214 § 2; 1937 c 162 §
IIONS~
4. ]
1973 RCW SUPP.
See
note
50.20.03C
PR~NANCj
1I~Il!!IQ!~
A
woman vho voluntarily quits work because
of pregnancy shall be disqualified from
benefits for the week in which she quits
and thereafter through the terminal week
of her pregnancy: PROVIDED, HOWEVER, That
in any event a p=egnant woman shall be
disqualified from receiving benefits for
any calendar week either preceding or
subsequent
to childbirth when she is
precluded from engaging in her particular
category of employment by reason of a
pregnancy related federal or state statute
or
administrativ8 rule or regulation.
(1973 1st ex.s. c 167 § 2; 1970 ex.s. c 2
§ 20; 1955 c 286 § 3.
Prior: 1945 c 35 §
70; Rem. Supp. 1945 § 9998-208.]
50.20.070
DI2QQALIFI£!!ION IQli ttiSREPRESENTATION.
Irrespective of any other
provisions of this title an individual
shall be disqualified for benefits for any
week with respect to which he has knowingly made a false statement or representation involving
a
material
fact
or
knowingly failed to report a material fact
and has thereby obtained or attempted to
obtain any benefits under the provisions
of this title,
and for an additional
twenty-six weeks commencing with the first
week for which he completes an otherwise
compensable
claim
for waiting period
credit or benefits following the date of
the delivery or mailing of the determination of disqualification under this section: PROVIDED, That such disqualification
shall not be applied after two years have
elapsed from the date of the delivery or
mailing of the determination of disqualification
under this section, but all
overpayments established by such determination of disqualification shall be collected as otherwise provided by
this
title.
( 1973 1st ex.s. c 158 § 5; 1953
ex.s. c 8 § 10; 1951 c 265 § 10;
1949 c
214 § 14; 1947 c 215 § 17; 1945 c 35 § 75;
Rem. Supp. 1949 § 9998-213. Prior:
1943
c 127 § 3; 1941 c 253 § 3; 1939 c 214 § 3;
1937 c 162 § 5.]
~_lgctJ.~ date=ll73 1st
ex.s.
See note following RCW 50:os:O~
£
.128:
50.20.100
SU~LE ROR~
fACTO~~
In
determining whether work is suitable for
an individual or whether an individual has
left work voluntarily without good cause,
the commissioner shall consider the degree
of risk involved to his health safety and
morals, his physical fitness and prior
training, his experience and prior earnings, his length of unemployment
and
prospects for securing local work in his
customary occupation, the distance of the
available work from his residence, and
such other factors as the commissioner may
[ 545 ]
50.20.100
UNEMPLOYMENT COMPENSATION
----------------·--------------------------------------------deem pertinent, including state and national emergencies. [1973 1st ex.s. c 158
§ 6; 1945 c 35 § 18; Rem. Supp.
1945 §
9998-216.]
~ll~!lli date _197]. Jg ~!~.§~
See note following RCW 50.08.020.
£
lli.i.
50.20.130
DEDUCTION FROM WEEKLY BENEFIT AMOUNT.
If an eligible individuay-~s
avaiiable--for work for less than a full
week, he shall be paid his weekly benefit
amount reduced by one-seventh of such
amount for each day that he is unavailable
for work:
PROVIDED, That if he is unavailable for work for three days or more
of a week, he shall be considered unavailable for the entire week.
Each eligible individual who is unemployed in any week shall be paid with
respect to such week ~ benefit in an
amount equal to his weekly benefit amount
less seventy-five percent of that part of
the remuneration (if any) payable to him
with respect to such week which is in
excess of five dollars. such benefit, if
not a multiple of one dollar, shall be
computed to the next higher multiple of
one dollar. (1973 2nd ex.s. c 7 § 3; 1959
c 321 § 3; 1951 c 215 § 15; 1949 c 214 §
17;
1945 c 35 § B1; Rem. Supp. 1949 §
9998-219. Prior:
1943 c 127 § 1; 1941 c
253 § 1; 1939 c 214 § 1; 1937 c 162 § 3.]
!£Eli£s:ti.21l-191:l ln£ ~!..:..2.:..
note following RCW 50.04.310.
£ 1~
see
50.20.190
RECOVERY OF BENEFIT
PAYl1ENTS.:.
An indiVIdual -whoispaid-any
amount as benefits under this title to
which he is not entitled shall, unless
otherwise relieved pursuant to this section,
be liable for repayment of the
amount overpaid.
The department shall
issue an overpayment assessment setting
forth the reasons for and the amount of
the overpayment.
The amount assessed, to
the extent not collected, shall be deducted from any future benefits payable to
the individual.
The commissioner may waive an overpayment if he finds that said overpayment was
not the result of fraud, misrepresentation, wilful nondisclosure, or fault attributable to the individual and that the
recovery thereof would be against equi~y
and good conscience: PROVIDED, HOWEVER,
That the overpayment so waived shall be
charged against the individual's applicable entitlement for the eligibility period
containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.
Any assessment herein provided
shall
constitute a determination of liability
from which an appeal may be had in the
same manner and to the same extent as
provided for appeals relating to determinations in respect to claims for benefits:
[ 546
PROVIDED, That an appeal trom any determi·
nation covering overpayment only, shall be
deemed to be an appeal from the detarmina·
tion which was the basis for establishing
the overpayment unless the merits involved
in the issue set forth in such determina·
tion have already been heard and passed
upon by the appeal tribunal. If no such
appeal is taken to the appeal tribunal by
the individual within ten days of the
delivery of the notice of determination of
liability, or within ten days of the
mailing of the notice of determination,
whichever is the earlier, said determination of liability shall be deemed conclu·
sive and final, and the court shall, upon
application of the commissioner, enter a
judgment in the amount provided by the
notice of determination, which judgment
shall have and be given the same effect as
if entered pursuant to civil action.
On request of any agency which adminis·
ters an employment security law of another
state, the United states or a foreign
government and which has found in accordance with the provisions of such law that
a claimant is liable to repay benefits
received under such law by reason of
having knowingly made a false statement or
misrepresentation of a material fact with
respect to a claim taken in this state as
an agent for such agency, the commissioner
may collect the amount of such benefits
from such claimant to be refunded to such
agency. In any case in which under this
section a claimant is liable to repay any
amount to the agency of another state, the
United states or a foreign government,
such amounts may be collected without
interest by civil action in the name of
the commissioner acting as agent for such
agency if the other state, the United
States or the foreign government extends
such collection rights tp the employment
security department of the
state
of
washington, and provided that the court
costs be paid by the governmental agency
benefiting from such collection. (1973
1st ex.s. c 158 § 7; 1953 ex.s. c 8 § 14;
1951 c 215 § 8; 1947 c 215 § 18; 1945 c 35
§ 87; Rem. Supp. 1947 § 9998-225.
Prior:
1943 c 127 § 12; 1941 c 253 § 13; 1939 c
21& § 14; 1937 c 162 § 16.]
Effective date--1973 1st ex.s.
see-note~ollo;Tng RCW so:os:C20:
£
158:
Chapter 50.22
EXTENDED BENEFITS
50.22.010
MITliiTIONh
As used
in
this chapter,
unless the context clearly
indicates otherwise:
(1)
"Extended benefit period" means a
period which:
(a)
BBgins with the third week after
whichever of the following weeks occurs
first:
(i)
a week for which there is a national "on" indicator, or
)
EXTENDED BENEFITS
50.22.010
--------------------------------------------------------------------------------------(6)
"Rate of insured unemployment", for
purposes of subsections (4)
and (5) of
this section, means the percentage derived
by dividing the average weekly number of
individuals filing claims in this sta~e
for weeks of unemployment with respect to
the most recent thirteen-consecutive-week
period, as determined by the commissioner
on the basis of his reports to the United
States secretary of labor; by the average
monthly employment covered under
this
title for the first four of the most
recent six completed calendar quarters
ending before the end of such thirteenweek period.
(7)
"Regular benefits" means benefits
payable to an individual under this title
or, under any state law (including benefits payable to federal civilian employees
and to ex-servicemen pursuant to 5 u.s.c.
chapter 85) other than extended benefits
or additional benefits.
(8}
"Extended benefits" means benefits
(including benefits payable to federal
civilian employees and to ex-servicemen
pursuant to 5 u.s.c. chapter 85) other
than emergency benefits payable to an
individual under the provisions of this
chapter for weeks of unemployment in his
eligibility period.
(9)
"Additional benefits" are benefits
other than regular benefits or extended
benefits.
(10)
"Eligibility period" of an individual means the period consisting of the
weeks in his benefit year which begin in
an extended benefit period that is in
effect in this state and, if his benefit
year ends within such extended benefit
period, any weeks thereafter which begin
in such period.
(11)
"Exhaustee" means an individual
who, with respect to any week of unemploy•
ment in his eligibility period:
(a)
Has received, prior to such week,
all of the regular benefits that were
payable to him under this title or any
other state law (including dependents•
allowances and regular benefits payable to
federal civilian employees and ex-servicemen under 5 u.s.c. chapter 85)
in his
current benefit year that includes such
week; or
(b)
Has received, prior to such week,
all of the regular benefits that were
av~~lable
to him under this title or any
other state law (including dependents•
allowances and regular benefits available
to federal civilian employees and exservicemen under 5 u.s.c. cha~ter 85) in
his current benefit year th~t includes
such week, after the cancellation of some
or all of his wage credits or the total or
partial reduction of his rights to regular
benefits: PROVIDED, That, for the purposes
of
(a)
and
(b), an individual shall be
deemed to have received in his current
benefit year all of the regular benefits
that were payable to him, or available to
him, as the case may be, even though (i)
as a result of a pending appeal with
respect to wages or emfloyment, or both,
(ii) a week for which there is a state
non" indicator: PROVIDED, That, as there
was a state "on" indicator for the week
which was three weeks prior to October 11 ,
1970, an extended benefit period began on
that date.
(b) Ends with the third week after the
first week for which there is both a
national "off" indicator and a state "off"
indicator:
PROVIDED, That no extended
benefit period shall last for a period of
less than thirteen consecutive weeks, and
further that no extended benefit period
may begin by reason of a state "on"
indicator before the fourteenth week after
the close of a prior extended benefit
period which was in effect with respect to
this state:
AND PROVIDED FURTHER, That
prior to January 1,
1972, an extended
benefit period may become effective and be
terminated in this state solely by reason
of a state "on" and a state "off" indicator, respectively.
(2) There is a "national 'on• indicator" for a week if the United States
secretary of labor determines that for
each of the three most recent calendar
months ending before such week, the rate
of insured unemployment
(seasonally ad~
justed) for all states equaled or exceeded
four and five-tenths percent.
(3) There is a "national 'off• indicator" for a week if the United States
secretary of labor determines that for
each of the three most recent calendar
months ending before such week, the rate
of insured unemployment (seasonally adjuste~
for all states was less than four
and five-tenths percent.
(4) There is a "state •on• indicator"
for this state for a week if the commissioner determines, in accordance with the
regulations of the United States secretary
of labor, that for the period consisting
of such week and the immediately preceding
twelve weeks, the rate of insured unemployment
(not seasonally adjusted)
as
determined under the provisions of subsection (6) of this section:
(a) equaled or exceeded one hundred
twenty percent of the average of such
rates for the corresponding thirteen-week
period ending in each of the preceding two
calendar years, and
(b)
equaled or exceeded four percent.
(5)
There is a "state 'off' indicator"
for this state for a week if the commissioner determines, in accordance with the
regulations of the United States secretary
of labor, that for the period consisting
of such week and the immediately preceding
twelve weeks, the rate of insured unemployment
(not seasonally adjusted)
as
determined under the provisions of subsection (6) of this section was either:
(a)
Less than one hundred twenty percent of the average of such rates for the
corresponding thirteen-week period ending
in each of the preceding two calendar
years; or
(b)
Less than four percent.
197 3 RCiii SUPP.
[
547
]
UNEMPLOYMENT COMPENSATION
50.22.010
--------------------------------------------------------------------------------------that were not included in the original
monetary determinatiou with respect to his
current benefit year, he may subsequently
be determined to be entitled to more
+egular benefits; or (ii) by reason of the
seasonal provisions of another state law,
he is not entitled to regular benefits
with respect to such week of unemployment
(although he may be entitled to regular
benefits with respect to future weeks of
unemployment in the next season, as the
case may be, in his current benefit year),
and he is otherwise an exhaustee within
the meaning of this section with respect
to his right to regular benefits under
such state law seasonal provisions during
the season or off season in which that
week of unemployment occurs;
or
(iii)
having established a benefit year, no
regular benefits are payable to him during
such year because his wage credits were
canceled or his right to regular benefits
was totally reduced as the result of the
application of a disqualification; or
(c) His benefit year having ended prior
to such week, he has insufficient wages or
employment, or both, on the basis of which
he could establish in any state a new
benefit year that would include such week,
or having established a new benefit year
that includes such week, he is precluded
from receiving regular benefits by reason
of the provision in RCW 50.C4.030 which
meets the requirement of section 3304 (a)
(7) of the Federal Unemployment Tax Act,
or the similar provision in any other
state law; and
(d) (i)
Has no right for such week to
unemployment benefits or allowances, as
the
case may be,
under the Railroad
unemployment Insurance Act, the
Trade
Expansion Act of 1962, and such other
federal laws as are specified in regulations issued by the United States secretary of labor; and
(ii) has not received and is not seeking
for such week unemployment benefits under
the unemFloyment compensation law of the
virgin Islands or Canada, unless
the
appropriate agency finally determines that
he is not entitled to unemployment benefits under such law for such week.
(12)
"State law" means the unemployment
insurance law of any state, approved by
the United States secretary of labor under
section 3304 of the internal revenue code
of 1g-54. ( 1973 c 73 § 7; 1971 c 1 § 2.]
Effective date--1973 c
following~ci-sQ:o4:03o.
11~
See
note
50.22.070
EFFECT OF BENEFITS f!!Q Q!=
RCW 50.20.127. -(1971c 1 § 8.]
Repealed by1973
73 § 1~,
effective
March 8, 1973.
DER
Chapter 50.24
CONTRIBUTIONS BY EMPLOYERS
50.24.015
WAGES--DEEMED PAID WHEN CONTR!£TUAL11
QUE~---For-~he--purposes--o£
liability for, collection of, and assessment of contributions, wages shall be
deemed paid when such wages are contractually due but are unpaid because of the
refusal or inability of the employer to
make such payment. [ 1973 1st ex.s. c 158
§ 19. )
u.~tlive da~:::;J.2ll 1st
ex.s.
see note following RCW 50:os:02o:
50.24.0UO
lli!EREST QH DE~l!QQliH! CONTRIBUTIONS.
If contributions are not
on the date on which they are due and
payable as prescribed by the commissioner,
the whole or part thereof remaining unpaid
shall bear interest at the rate of one
percent per month or fraction thereof from
and after such date until payment plus
accrued interest is received by
him.
Interest shall not accrue in excess of
twenty-four percent for delinquent contributions for any one contributions period.
The date as of which payment of contributions,
if mailed, is deemed to have been
received may be determined by such regulations as the commissioner may prescribe.
Interest collected pursuant to this section shall be paid into the administrative
contingency fund.
Interest shall
not
accrue on contributions from any €State in
the bands of a receiver, executor, administrator, trustee in bankruptcy, com~on
law assignee or other liquidating officer
subsequent to the date when such receiver,
executor, administrator, trustee in bankruptcy,
common law assignee or other
liquidating officer qualifies as such, but
contributions accruing with respect to
employment of persons by any receiver,
executor, administrator, trustee in bankruptcy, common law assignee or
other
liquidating officer shall become due and
shall draw interest in the same manner as
contributions due from other employers.
Where adequate information has been furnished the department and the department
has failed to act or has advised the
employer of no liability or inability to
decide the issue, interest may be waived.
[1973 1st ex.s. c 158 § 8; 1953 ex.s. c 8
§ 16; 1945 c 35 § 92; Rem.
supp.
1945 §
9998-230.
Prior:
1943 c 127 § 10; 1941 c
253 § 1 1. ]
paid
c-
(
15 8·
--...a.
548
1
50.29.010
EMPLOYER EXPERIENCE RATING
-----------------------~------------------------------------------------~------------
50.24.050
LIEN FOR CONTRIBUTIONS GENERALLY.
The -ciaim--o~~~-un~mploym~t
compensation division for any contributions, including interest thereon, not
paid when due, shall be a lien prior to
all other liens or claims and on a parity
with prior tax liens against all property
and rights to property, whether real or
personal, belonging to the employer.
In
order to avail itself of the lien hereby
created, the unemployment
compensation
division shall file with any county auditor a statement and claim of lien specifying the amount of delinquent contributions
and interest claimed by the division.
From the time of filing for record, the
amount required to be paid shall constitute a lien upon all property and rights
to property, whether real or personal, in
the county, owned by the employer or
acguired by him. The lien shall not be
valid against any purchaser, holder of a
security interest, mechanic's lien, or
judgment lien creditor until notice thereof has been filed with the county auditor.
This lien shall be separate and apart
from, and in addition to, any other lien
or claim created by, or provided for in,
this title.
When any such notice of lien
has been so filed, the commissioner may
release the same by filing a certificate
of release when it shall appear that the
amount of delinquent contributions together with all interest thereon have been
paid, or when such assurance of payment
shall be made as the commissioner may deem
to be adequate.
Any lien filed as provided in this section may also be filed in
the office of the secretary of state.
Filing in the office of the secretary of
state shall be of no effect, however,
until the lien or copy thereof shall have
been filed with the county auditor in the
county where the property is located.
When a lien is filed in compliance herewith and with the secretary of state, such
filing shall have the same effect as if
the lien had been duly filed for record in
the office of the auditor in each county
of this state. Fees for filing and releasing the lien provided herein may
he
charged to the employe~ and may be collected from the employer utilizing the
remedies provided in this title for the
collection of contributions.
[1973 1st
ex.s. c 158 § 9; 1947 c 215 § 19; 1945 c
35 § 93; Rem. Supp.
1947 § 9998-231.
Prior:
1943 c 127 § 10; 1941 c 253 § 11;
1939 c 214 § 12: 1937 c 162 § 14.]
Eff~ii!S2 ~~-1221 j g
~~.:..fu.
See note following RCW 50.08.020.
~
.12.§..:_
50.24.130
CONTRACTOR'S AND PRINCIPAL'S
11ABI1JI! FOR fONTRI~UTIONs:--No-eiploying
unit which contracts with or has under it
any contractor or subcontractor who is an
employer under the provisions of this
title shall make any payment or advance
to, or secure any credit for, such contractor or subcontractor or on account of
1973 RCW SUPP.
any contract or contracts to which said
employing unit is a party unless such
contractor or subcontractor has paid contributions, due or to become due for wages
paid or to be paid by such contractor or
subcontractor for personal services performed pursuant to such contract or subcontract, or has furnished a good and
sufficient bond acceptable to the commissioner for payment of contributions, including interest. Failure to comply with
the
provisions of this section shall
render said employing unit directly liable
for such contributions and interest and
the commissioner shall have all of the
remedies of collection against said employing unit under the provisions of this
title as though the services in question
were performed directly for said employing
unit.
[1973 1st ex.s. c 158 § 10; 1949 c
214 § .21; 1945 c 35 § 101; Rem. Supp. 1949
.§ 9998-239.]
Effective ·date--1973
see-note~olioWing
Rcw
1st
ex.s.
5o~oa.o2o~
£
12Q~
Chapter 50.29
EMPLOYER EXPERIENCE RATING
50.29.010
Q!FINITIQli~.:..
As used in
this chapter:
"Computation date" means July 1st of any
year;
11 Cut-off date" means September 30th next
following the computation date;
"Rate year" means the calendar year immediately following the computation date;
"Experience rating year" is the twelvemonth period beginning with July 1st of
one calendar year and ending on June 30th
of the following calendar year;
"Payroll" means all wages (as defir..ed
for contribution purpose~
paid by an
employer to individuals in his employment;
"Acquire" means the right to occupy or
use the operating assets formerly in the
possession of a
predecessor
employer
whether that acquisition be by purchase,
lease, gift, or by any legal process;
"Qualified employer" means: (1) Any employer as of the computation date who had
some employment in the twelve-month period
immediately preceding April 1st of the
first of the three consecutive calendar
years immediately preceding the computation date and who had no period of four or
more consecutive calendar quarters in such
three years for which he reported no
employment, except that no employer shall
be deemed a gualified employer unless all
contributions required under this title
from him or his predecessors for the
thirty-six month period immediately preceding the computation date have been paid
by the cut-off date or within twenty days
of mailing of special delinquency notice
as provided in RCW 50.29.070;' or
(2)
Any
employer as of the computation date who
has not been subject to this title for a
period of time sufficient to be classified
[ 549 ]
50.29.010
UNEMPLOYMENT COMPENSATION
-----------------------------------------------------------------------~--------------
as a qualified employer under the provision of subdivision (1) of this paragraph
but who had some employment in the twelvemonth period immediately preceding April
1st of the first of the two consecutive
calendar years immediately preceding the
computation date and who had no period of
four or more consecutive calendar quarters
in such two years for which he reported no
employment, except that no employer shall
be deemed a qualified employer unless all
contributions required under this title
from him or his predecessors for the
twenty-four month period immediately preceding the computation date have been paid
by the cut-off date or within twenty days
of mailing of special delinquency notice
as provided in RCW 50.29.070: PROVIDED,
That for the purpose of this section,
unpaid contributions of twenty-five dollars or less or unpaid contributions of
one-half of one percent of the employer's
total tax reported for the twelve-month
period immediately preceding the computation date may be disregarded if showing is
made to the satisfaction of the commissioner that an otherwise qualified employer acted in good faith and that forfeiture
of qualification for a reduced contribution rate because of such delinquency
would be inequitable:
PROVIDED, FURTHER,
That
when an employer or prospective
employer has acquired all or substantially
all of the operating assets of an employer, or has acquired an operating department,
section,
division,
or
any
substantial portion of the business or
assets of any employer, which is clearly
segregable and identifiable for experience
rating purposes, the payroll record and
benefit charges of the transferring employer shall be divided between the transferring
and
acquiring
employers
in
proportion to the payrolls for the four
preceding completed calendar quarters attributable to the operating assets retained and
conveyed.
The
successor
employer shall be liable for contributions
on the acquired business from the date the
transfer of the business occurred. The
separate account of a predecessor or that
part thereof which is transferred shall
become the separate account or part of
separate account as the case may be of the
successor employer.
"Surplus" is an amour.t of moneys in the
unemployment compensation fund deemed in
excess of the amount needed to insure the
solvency of the fund.
The "surplus" is
determined in the following manner:
(1)
For computations prior to January
1,
1974, the total remuneration paid
during the calendar year preceding the
computation date shall be multiplied by
four percent and the product shall be
subtracted from the amount in the fund as
of the June 30th immediately preceding the
computation date.
If that balance is a~
least one-tenth of one percent of the
total remuneratio~ paid during the calendar year, that portion of the balance not
(
exceeding forty one-hundredths of
one
percent of the total remuneration paid
during the preceding calendar year shall
be deemed "surplus". Total remuneration
paid in this computation is limited to
remuneration paid during the calendar year
preceding the computation date and reported to the department of employment security on or before the March 31st immediately
preceding the computation date.
{2)
For computations subsequent to January
1,
1974, the allowable "surplus"
shall be computed by use of the following
table.
Column A represents the ratio of
the unemployment compensation fund as of
the June 30th preceding the computation
date to total remuneration for the preceding calendar year. The percentage figures
in Column B represent the maximum percent·
age
of total remuneration during the
preceding calendar year which may
be
deemed as "surplus" in view of the corresponding figures in Column A.
No amount
of the fund shall be declared surplus if
the balance in the fund as of the Jun,e
30th immediately preceding the computation
date is not at least one-tenth of one
percent of total remuneration paid during
the preceding calendar year in excess of
four percent of total remuneration paid
during the preceding calendar year.
The
percentage amount of total remuneration
during the preceding calendar year, Column
B, may be deemed surplus only to the
extent that the balance remaining in the
unemployment
compensation fijnd exceeds
four percent of the total remuneration
paid during the preceding calendar year.
Total remuneration paid in this computation
is limited to remuneration paid
during the calendar year preceding the
computation
date and reported to the
department of employment security on or
before the March 31st immediately preceding the computation date.
£2l!!lllL!
4.1% but less than 4.8%
4.8% but less than 5. 2%
5.2~ or more
~Ql.!!.!!!lL~
0.40%
0.55%
0. 70%
(3) In all computations of "surplus"
moneys
paid from the fund,
based on
services performed for employers who make
payments in lieu of contributions, which
have not been reimbursed to the fund as of
any June 30 shall be deemed an asset of
the unemployment compensation fund, to the
extent that such moneys exceed the amount
of payments in lieu of contributions which
the commissioner has previously determined
to be uncollectible: PROVIDED,
FURTHER,
That the amount attributable to employment
with the state shall also include interest
as provided for in RCW 50.44.020. [1973
1st ex.s. c 158 § 11; 1971 c 3 § 16; 1970
ex • s . c 2 § 1 0 • )
~1_llctive £\ate-1973
.1.§~ ex •.h
See note following RCW 50.08.020.
550 ]
£ l~.i.
EMPLOYER EXPERIENCE RATING
50.29.060
--------------------------------------------------------------------------------------]~1Ql]]~~
50.29.040
~~B~!§~
~QQ11~]!
ill.E2k].b£S l.A£IQ.&.
A!]B~Q~
~]]Q~1
~!Q
~~NEF1I
fAf!Qli
For the rate year
1971 and each rate year thereafter an
annual decrease quotient factor and a
benefit charge-back factor shall be computed for each qualified employer, each to
be determined as provided in subsections
(1) and (2) hereof respectively:
(1)
To determine a qualified employer's
average annual decrease quotient his payroll for the three experience rating years
immediately preceding the computation date
shall ,be listed in chronological order.
The first annual decrease quotient shall
be obtained by dividing any decrease in
his payroll between the first and second
of his experience rating years by the
payroll for the first of such years, the
division
being carried to the fourth
decimal place, with the rema1n1ng fraction, if any,
disregarded.
The second
annual decrease quotient shall be obtained
by dividing any decrease in his payroll
between the second and third of the listed
experience rating years by the payroll for
the second listed year, the division being
carried to the fourth decimal place, with
the remaining fraction, if any, disregarded.
The employer's average annual decrease quotient shall be obtained
by
adding
his first and second decrease
guotie~ts, if any, and
dividing by two.
The employer's average annual decrease
quotient shall determine the point value
to be a~signed to such employer as his
annual decrease quotient factor in accordance with the following schedule.
The annual decrease quotient of a qualified employer who has payrolls for fewer
than three experience rating years shall
be obtained by dividing any decrease of
the employer's payroll in the experience
rating
year immediately preceding the
computation date from the payroll in the
preceding experience rating year by the
amount of the payroll in such preceding
experience
rating year, such division
being carried to the fourth decimal place,
with
the remaining fraction, if any,
disregarded. This annual decrease quotient
shall be deemed to be his average annual
decrease quotient and shall determine the
point value to be assigned to such employer as his annual decrease quotient factor
in accordance with the following schedule:
!!ill~l
Q.f£~-f-l:l.YQtient
0.0000-0.0124 •••••••••••• 10
0.0125~0 .0249 ••••••••••••• 9
o. 0250-0.0374 ••••••••••••• 8
0.0375-0.0499 ••••••••••••• 7
0.0500-0.0749 ••••••••••••• 6
0. 0750-0.0999 ••••••••••••• 5
0.1000-0.1499 ••••••••••••• 4
0 • 1 50 0- 0 • 1 9 9 9 ••••••••••••• 3
0.2000-0.2499 ••••••••••••• 2
0.2500 ot more •••••••••••• 1
1973 RCW SUPP.
( 551
(2)
The charge-back ratio for a qualified employer shall be the quotient obtained by dividing the total benefits
charged to his account during the thirtysix consecutive month period immediately
preceding the . computation date by his
payroll for the same thirty-six month
period as reported by the cut-off date,
except that the charge-back ratio of any
qualified employer whose account has been
chargeable for a period of fewer than
thirty-six months immediately prior to the
computation date shall be the quotient
obtained
by
dividing
total benefits
charged to his account, prior to the
computation date, by his payroll set forth
as follows:
The payroll shall be that
reported by the cut-off date,
for the
period beginning with the first day of the
second
calendar quarter following the
calendar quarter in which he became liable, and through the end of the calendar
quarter immediately preceding the computation date.
The charge-back ratios shall
be extended to four decimal places, with
the remaining fraction, if any, disregarded.
The charge-back ratios so obtained
shall determine the point value to be
assigned each employer as his charge-back
factor in accordance with the following
schedule:
Less than 0 • 0010 ••••••••• 10
0.0010-0.0039 ••••••••••••• 9
0.0040-0.0079 ••••••••••••• 8
0.0080-0.0119 ••••••••••••• 7
0.0120-0.0159 ••••••••••••• 6
0. 0160-0. 0199 ••••••••••••• 5
0.0200-0.0219 .•••••••••••• 4
0. 0220-0.0239 ••••••••••••. 3
0.0240-0.0269 ••••••••••••• 2
0.0270 and over ••.•••••••• 1
[1973 1st ex.s. c 158 § 12; 1970 ex.s. c 2
§ 13. ]
.&;!fe:Qj:ivg 9&!£==.1273 1st ex.s.
see note following RCW 50:o8:02o:
£
1~.§1
50.29.060
PREDECESSOR !NQ
2Q££~2Q£
E~PLQXER ~Qli!RIBUTION--RA!~~
Effective
January 1, 1971, predecessor and successor
em~loyer
contribution rates shall be computed in the following manner:
. (1)
If the successor is an employer at
the time of the transfer, his contribution
rate shall remain unchanged for the remainder of the rate year in which the
transfer occurs.
(2)
The contribution rate on any payroll retained by a predecessor employer
shall remain unchanged for the remainder
of the rate year in which the tiansfer
occurs.
(3)
It the successor is not an employer
at the time of the transfer, he shall pay
contributions for the remainder of the
rate year in which the transfer occurs at
]
50.29.060
UNEMPLOYMENT COMPENSATION
-------------------------------------------------the rate assigned to the
predecessor
employer.
(4)
If the successor is not an employer
at the time of the transfer and simultaneously acquires the business or a portion
of the business of two or more employers
in different rate classes, his rate from
the date the transfer occurred until the
end of the rate year in which
such
transfer occurred shall be a recomputed
rate based on the combined experience of
his predecessors as of the cut-off date
for that rate year.
(5)
In all cases, from and after January 1p following the transfer, the successor's contribution rate for each rate year
shall be based on his experience with
payrolls and benefits combined with the
experience of his predecessor or predecessors,
as of the regular computation date
for that rate year.
(6)
In all cases, from and after January 1 following the transfer, the predecessor's contribution rate for each rate
year shall be based on his experience with
payrolls and benefits, as of the regular
computation date for that rate
year,
exc,luding therefrom such experience as was
credrted to the successor or successors
under other provisions of this title:
PROVIDED, That if all of the predecessor's
experienc~
with payrolls and benefits is
transferred to a successor or successors
the predecessor shall not be a qualified
employer within the meaning of RCW 50.29.010 until his account following the date
of the transfer has been chargeable with
benefits throughout not less than thirtysix consecutive months immediately preceding the computation date. [1973 1st ex.s.
c 158 § 13; 1970 ex.s. c 2 § 15.]
Effecti.!~ date---.-1211 1st
ex.s.
See note following RCW so:oa:020.
g
158;
50.29.070
NOTIC~ OF
~~ER
BE~!!l
CHARGES A@ £ATE QJ; CONTWUTIO.N:;:-RE~~~!
FOR REVIEW AND REDETERMINATION--PETITION
.foR HEARING--_ygQ.N DENIAL~FURT.!!~l! APPEAL::;:
within a reasonable time after the computation date, each employer shall be notified of the total amount of benefits
charged to his account during the twelvemonth period immediately preceding the
computation date and,
upon request, the
amount of such charges with respect to
each
individual receiving unemploymen~
benefits charged to his account.
Within a reasonable time after the computation date each employer shall
be
n~ified
of his rat~ of contribution as
determined for the succeeding rate year.
At the time of mailing rate notices any
employer who, prior to the cut-off date
has acquired all or substar.tially all of
the operating assets, or has acquired an
operating depar~ment, section, division,
or any substantial portion of the business
or assets, of any employer who was not a
qualified employer as defined in
RCW
50.29.010 because of having failed to pay
( 552
all contributions required under
this
title
by the cut-off date, shall be
furnished a special delinquency statement
showing the amount unpaid and the rate of
contribution to which such successor em~
player will be entitled if the amount is
paid within twenty days.
Any employer dissatisfied with the benefit charges made to his account or · with
his determined rate may file a request for
review and redetermination with the commissioner within thirty days of the mailing of the notice to the employer, shoving
the reason for such request. Should such
request for review and redetermination be
denied, the employer may, within ten days
of the mailing of such notice of denial,
file
with the appeal tribunal a petition
for hearing which shall be heard in the
same manner as a petition for denial of
refund.
The appellate procedure
prescribed by this title for further appeal
shall apply to all denials of review and
redetermination under this section. [1973
1st ex.s. c 158 § 14; 1970 ex.s. c 2 §
16. ]
Chapter 50.32
REVIEi, HEARINGS AND APPEALS
50.32.040
BENEFII !PP]!LS f!l.QQillJll..h
In any proceeding before an appeal tribunal involving a dispute of an individual's
initial determination, all matters covered
by such initial determination shall be
deemed to be in issue irrespective of the
particular ground or grounds set forth in
the notice of appeal.
In any proceeding before an appeal tribunal involving a dispute of an individual's claim for waiting period credit or
claim for benefits, all matters and provisions
of this title relating to the
individual's right to receive such credit
or benefits for the period in question
shall be deemed to be in issue irrespective of the particular ground or grounds
set forth in the notice of appeal.
In any proceeding before an appeal tribunal involving an individual's right to
benefits, all parties shall be afforded an
opportunity for hearing after not less
than seven days• notice.
This provision
supersedes the twenty-day notice provision
of RCW 34.04.090 as to such cases.
In any proceeding involving an appeal
relating
to benefit determinations or
benefit claims, the appe3l tribunal, after
affording the parties reasonable opportunity for fair hearing, shall render its
decision affirming, modifying, or setting
aside the determination or decisions of
the un~mployment compensation division.
The parties shall be duly notified of such
appeal tribunal's decision together with
its reasons therefor,
which shall
be
deemed to be the final decision on the
SPECIAL COVERAGE PROVISIONS
50.44.040
--------------------------------------------------------------------------------------initial determination or the claim for
waiting period credit or the claim for
benefits unless, within ten days after the
date of notification or mailing, whichever
is the earlier, of such decision, further
appeal is perfected pursuant to the provisions of this title relating to review by
the commissioner. [1973 c 73 § 8; 1945 c
35 § 120; Rem.
supp. 1945 § 9998-258.
Prior:
1943 c 127 § 4; 1941 c 253 § 4;
1939 c 2111 § 4; 1937 c 162 § 6.]
Effective date--1973 c
toiiOWTng-acw-so.o4:03o.
50.32.090
QECIS!Qli~
ll]~1111
Ql
See
73~
note
fQ~~ISSIQNE~~~
Any decision of the commissioner involving a review of an appeal tribunal decision, in the abs~nce of a petition
therefrom as provided in RCW 34.04.130,
shall
become final thirty days after
service. The commissioner shall be deemed
to be a party to any judicial action
involving any such decision and shall be
represented in any such judicial action by
the attorney general.
[1973 1st ex.s. c
158 § 15; 1945 c 35 § 125; Rem. supp. 1945
§ 9998-263.]
.I;ff~.!;ive
4ste _1.212 1§.1 ,g,!~~
See note following RCW 50.08.020.
£
50.32,120
PROCEDURg fQB ~UDICIAL RE=
Judicial review of a decision of
the commissioner involving the review of
an appeals tribunal decision may be had
only in accordance with the procedural
requirements of RCW 34.04.130. [1973 1st
ex.s. c 158 § 16; 1971 c 81 § 119; 1945 c
35 § 128;
Rem.
Supp.
1945 § 9998-266.
Prior: 1943 c 127 § 4; 1941 c 253 § 4;
1939 c 214 § 4; 1937 c 162 § 6.]
UNDERTAKINGS
Qli
~EEKiflQ ~Q=
]l&IA1 B~!l~R~~o-bond-of any kind
shall
be required of any individual seeking
judicial review from a
commissioner's
decision affecting such individual's application for initial determination or
claim for waiting period credit or for
benefits.
No commissioner's
decision
shall be
stayed by a petition for
judicial review
unless
the petitioning employer shall
first deposit an undertaking in an amount
theretofore deemed by the commissioner to
be due, if any. from the petitioning
employer,
tog~ther with interest thereon,
if any, with the commissioner or in the
registry of the court: PROVIDED, HOWEVER,
That this section shall not be deemed to
authorize a stay in the payment of benefits to an individual when such individual
has
been held entitled thereto by a
decision of the commissioner which decision either affirms, reverses, or modifies
197 3 RCW SUPP.
4. ]
]!!~£!~ g~.1~==1~11 1st
ex.s.
see note following RCW sO:oa:02o:
[ 553
£
12~.:.
50.32.140
INTERS!~!~
PETITIONS
IQ
THURSTON COUNTY.
RCW 34:04:130--to the
~ntrary notwithstanding, petitions to the
superior
court from decisions of the
commissioner dealing with the applications
or claims relating to benefi~ payments
which were filed outside of this state
with an authorized representative of the
commissioner shall be filed with
the
superior court of Thurston county which
shall have the original venue of such
appeals. ( 197 3 1st ex. s. c 158 § 18; 1945
c 35 § 130; Rem. Supp. 1945 § 9998-268.]
Chap~er 50.44
SPECIAL COVERAGE PROVISIONS
ill.:.
VIE~
50.32.130
a decision of an appeals ~ribunal.
[1973
1st ex.s. c
158 § 17; 1971 c 81 § 120;
1945 c 35 § 129; Rem. supp. 1945 § 9998267.
Prior:
1943 c 127 § 4; 1941 c 253 §
50.44.040
SERVICES EXCLUDED UNDER "EMPLQ!MEfl1:~ A§ Q§];Il IN-RCW 20.44:0lQ::-~o:~4:
.020 AND 50.44.030. The term "employmentn
a;--u~ed -rn--Rew-50.44.010, 50.44.020 and
50.44.030 shall
not
include
service
performed:
(1)
In the employ of (a)
a church or
convention or association of churches, or
(b)
an organization which is operated
primarily for religious purposes and which
is operated, supervised, controlled, or
principally
supported by a church or
convention or association of churches; or
(2)
By a duly ordained, commissioned,
or licensed minister of a church in the
exercise of his ministry or by a member of
a religious order in the exercise of
duties required by such order; or
(3)
In the employ of a nongovernmental
educational institution, approved or accredited by the state board of education,
which is not an "institution of higher
education"; or
(4)
In a facility conducted for the
purpose of carrying out a program of
(a)
rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or (b)
providing remunerative work for individuals who because of their impaired physical
or mental capacity cannot be
readily
absorbed in the competitive labor market,
by an individual receiving such rehabilitation or remunerative work; or
(5)
As part of an unemployment workrelief or work-training program assisted
or financed in whole or in part by a
federal agency or an agency of a state or
J
50.44.040
UNEMPLOYMENT COMPENSATION
------~----------------------------------------------------------
political subdivision thereof, by an individual receiving such work-relief or worktraining; or
(6) For a hospital in a state prison or
other state correctional institution by an
inmate
of the prison or correctional
institution; or
(7)
In the employ of a hospital, if
such service is performed by a patient of
such hospital; or
(8)
In the employ of a school, college,
or university, if such serv1ce is performed (a) by a student who is enrolled
and is regularly attending classes at such
school, college, or university, or (b) by
the spouse of such a student, if such
spouse is advised, at the time such spouse
commences to perform such service, that
(i) the employment of such spouse to
perfor~
such service is provided under a
program to provide financial assistance to
such student by such school, college, or
university, and (ii) such employment will
not be covered by any program of unemployment insurance; or
(9)
By an individual under the age of
twenty•two who is enrolled at a nonprofit
or public educational institution which
normally maintains a regular faculty and
curriculum and normally has a regularly
organized body of students in attendance
at the place where its educational activities are carried on as a student in a full
time program, taken for credit at such
institution, which combines academic instruction with work experience, if such
service is an integral part of
such
program,
anu such institution has so
certified to the employee, except that
this subsection shall net apply to service
performed in a program established for or
on behalf of an employer or group of
employers.
(10)
In the employ of the state or one
of its instrumentalities or a political
subdivision or one of its instrumentalities by an individual who is (a) occupying
an elective office, or (b) who is compensated solely on a fee or per diem basis.
[1973 c 73 § 9; 1971 c 3 § 21.]
See
so.44.o5o
~!H]XJia
note
~Al!~LEL IER~§ A~~
Benefits based on services in
employment covered by or pursuant to this
chapter shall be payable on the same terms
and subject to the same conditions as
compensation payable on the basis of other
service subject to this title: PROVIDED,
HOWEVER, That benefits based on service in
an instructional, research or principal
administrative capacity in an institution
of higher education shall not be paid to
an individual for any week of unemployment
which begins during the period between two
successive academic years, or during a
similar period between two regular terms,
whether or not successive, or during a
period of paid sabbatical leave provided
~illiQ.IllQ~
[
for in the individual's contract, if the
individual has a contract or contracts to
perform services in any such capacity for
an institution or institutions of higher
education for both such academic years or
both such terms: PROVIDED, FURTHER, That
benefits based on service in an instructional, research, or principal administrative
capacity
in
an
educational
institution other than an institution of
higher education shall not be paid to an
individual for any week of unemployment
which begins during the period between two
successive academic years, or during a
similar period between two regular terms,
whether or not successive, or during a
period of paid sabbatical leave provided
for in the individual's contract, if the
individual has a contract or contracts to
perform services in any such capacity in
an educational institution or institutions
other than an institution of higher education for both such academic years or both
such terms: PROVIDED, FURTHER, That any
employee of a common school district who
~s
conclusively presumed to have b~en
reemployed pursuant to RCW
28A.67.070
shall be deemed to have a contract for the
ensuing term. [ 1973 c 7 3 § 10; 1971 c 3 §
22. ]
]_t_t~ct.ll~ g~:t,g=-1211
following RCW 50.04.030.
c
_......,.
7 3·
See
note
50.44.070
SORE!! §QliQ OR Q~gQ2II Qf
Q!l 2~~!HiiiiES .!tl!]l! ~I&CTIQ!i IQ !1AU
PA!!1ID!TS .IE biEU .Ql CO]IRil!!!lim!§.:. In the
11Q.N~I
discretion of the commissioner, any nonprofit organization that elects to become
liable for payments in lieu of contributions shall be required within thirty days
after the effective date of its election,
to execute and file with the commissioner
a surety bond approved by the commissioner
or it may elect instead to deposit with
the commissioner money or securities. The
amount of such bond or deposit shall be
determined in accordance with the provisions of this section.
(1) The amount of the
bond or deposit
required by this subsection shall be an
amount deemed by the commissioner to be
sufficient
to cover any reimburseme~t
payments which may be required from the
employer attributable to employment during
any year for which the election is in
effect but in no event shall such amount
be in excess of the amount which said
employer would pay for such year if he
were subject to the contribution provisions of this title. The determination
made pursuant to this subsection shall be
based on payroll information, employment
experience, and such other factors as the
commissioner deems pertinent.
(2) Any bond deposited under this section shall be in force for a period of not
less than two taxable years and shall be
renewed with the approval of the commissioner, at such times as the commissioner
may prescribe, but not less frequently
554 ]
TITLE 51
DIGEST OF TITLE
----.---------------------------------------------------------------------------------than at tvo•year intervals as long as the
otganization continues to be liable for
payments in lieu of contributions.
The
commissioner shall require adjustments to
be made in a previously filed bond as he
deems appropriate.
If the bond is to be
increased, the adjusted bond shall be
filed by the organization within thirty
days of the date notice of the required
adjustment was mailed or otherwise delivered to it.
Failure by any organization
covered by such bond to pay the full
amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in
this title, shall render the surety liable
on said bond to the extent of the bond, as
though the surety was such organization.
(3) Any deposit of money or securities
in accordance with this section shall be
retained by the commissioner in an escrow
account until liability under the election
is terminated, at which time it shall be
returned to the organization, less any
deductions as hereinafter provided.
The
commissioner may deduct from the money
deposited under this section by a nonprofit organization or sell the securities it
has so deposited to the extent necessary
to satisfy any due and unpaid payments in
lieu of contributions and any applicable
interest and penalties provided for in
this act. The commissioner shall require
the or'ganization within thirty days following any deduction from a money deposit
or sale of deposited securities under the
provisions· of this subsection to deposit
sufficient additional money or securities
to make whole the organization's deposit
at the prior level.
Any cash remaining
from the sale of such securities shall be
a part of the organization's escrow account. The commissioner may, at any time
review the adequacy of the deposit made by
any organization. If, as a result of such
review, he determines that an adjustment
is necessary he shall require the organization
to make an additional deposit
within thirty days of written notice of
his determination or shall return to it
such portion of the deposit as he no
lon9er considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall
be governed by the applicable provisions
of the state law.
(4) If any nonprofit organization fails
to file a bond or make a deposit, or to
file a bond in an increased amount or to
increase or make whole the amount of a
previously made deposit, as provided under
this section the commissioner may terminate such organization's election to make
payments in lieu of contributions and such
termination shall continue for not less
than the four-consecutive-calendar-quarter
period beginning with the quarter in which
termination becom-es effective: PROVIDED,
That the commissioner may extend for good
cause the applicable filing, deposit or
adjustment period by not more than thirty
days. (1973 c 73 § 11; 1971 c 3 § 24.]
197 3 RCW SUPP.
~!iQ£11~ da!~--1273
c
following RCW 50.04.030.
7 3·
-~
See
note
TITLE 51
INDUSTRIAL INSURANCE
Sections added, amended, or repealed:
51.08.020
"Beneficiary".
Ch.a£ll!'. 2.1~11.
~!_ElOY!!lQ!l!§. ~n§. Q££Upatio~
Cover~h
51.12.020
51.12.080
51.12.130
51.16.060
51.16. 105
51.16.140
Employments excluded.
foreign and intrastate railway employees.
Registered apprentices or
trainees.
Interstat~,
Quarterly report of payrolls.
Expenses of safety division,
how financed.
Premium liability of workman.
ChS£te!'. _2b_24 !.£tiO.n§ a.! ,!.§,! JQ!'. .Injury
Q!'. Death.!.
51.24.010
51.24.020
Right of action against third
party--Intervention and subrogation rights of department or
self-insurer-~compromise and
settlement.
Action against employer for intentional injury.
f.h~t~r 11~11
fm!!EQ~ioll.::""'Rig!lt
!.Q and
AmOY!li.!..
51 • 3 2. 04 0
51.32.050
51.32.060
51.32.070
51.32.073
51.32.135
51.32.160
51.40.040
[ 555 ]
Exemption of awards-Payment of
awards after death--Time limitations for filing--Confinement
in institution under conviction
and sentence.
Death benefits.
Permanent total disability compensation--Personal attendant.
Additional payments for prior
pensioners--Personal attendant.
Additional payments for prior
pensioners--Premium liability
of workman and employer for
additional payments.
Closing of claim conclusive in
pension cases--Consent of
spouse may be required.
Aggravation, diminution, or
termination.
Provision for medical aid when
contract service ended.
TITLE 51
INDUSTRIAL INSURANCE
--------------------------------------------------------------------------------------51.44.100
51.44.110
Investment of accident, medical
aid, reserve funds.
Disbursements of funds.
~hapt~~ 51.~~
51.52.110
!£~al§.!.
Court appeal--Taking the
appeal.
cross Reference:
Victims of crimes, rights to benefits:
Chapter 7.68 RCW.
Chapter 51.04
GENERAL PROVISIONS
cross Reference:
Public assistance recipient
rece~v~ng
industrial insurance compensation, recovery
by
department:
RCW
74.04.53074.04.580.
Chapter 51.08
DEFINITIONS
51.08.020
"BEUTif.!!S.!~
"Beneficiary" means a husband, wife, child, or
dependent of a workman in whom shall vest
a right to receive payment under this
title:
PROVIDED, That a husband or wife
of an injured workman, living separate and
apart in a state of abandonment,
regardless of the party responsible therefor,
for more than one year at the time of the
injury or subseguently, shall not be a
beneficiary.
A spouse who has
lived
separate and apart from the other spouse
for the period of two years and who has
not, during that time, received, or attempted by process of law to collect,
funds for maintenance, shall be deemed
living in a state of abandonment.
[1973
1st ex.s. c
154 § 91;
1961 c
23 §
51.08.020. Prior:
1957 c 70 § 6; prior:
{i)
1939 c 41 § 2, part; 1929 c 132 § 1,
part; 1927 c 310 § 2, part; 1921 c 182 §
2, part; 1919 c 131 § 2, part; 1917 c 120
§ 1, part; 1911 c 74 § 3, part; RRS §
7675, part.
(ii)
1949 c 219 § 1, part;
1947 c 246 § 1, part;
1929 c
132 § 2,
part;
1927 c 310 § 4, part; 1923 c 136 §
2, part; 1919 c 131 § 4, part; 1917 c 28 §
1, part; 1913 c 148 § 1, part; 1911 c 74 §
5, part; Rem. Supp. 1949 § 7679, part.]
~,tlm;:~bi:!it y
1 973 12! .§.!JJa.s. f. 154:
note following RCW 2.12.030.
See
Chapter 51.12
EMPLOYMENTS AND OCCUPATIONS COVERED
51.12.020
~~]E~
EXCLUD]~
The
following are the only employments which
shall not be included within the mandatory
coverage of this title:
(1) Any person employed
as a domestic
servant in a private home by an employer
[
who has less than two employees regularly
employed forty or more hours a week in
such employment.
(2) Any person employed to do g~rdening
maintenance, repair, remodeling, or simi:
lar work in or about the private home of
the employer which does not exceed ten
consecutive work days.
(3) A person whose work is casual and
the employment is not in the course of the
trade,
business, or profession of his
employer.
(4) Any person
performing services in
return for aid or sustenance only, received from any religious or charitable
organization.
(5) Sole proprietors and partners.
(6)(diny employee, not regularly and continuously employed by the employer in
agricultural labor,
whose cash remuneration paid by or due from any one employer
in that calendar year for agricultural
labor is less than one hundred fifty
dollars.
Employees not regularly and
continuously employed
in
agricultural
labor by any one employer but who are
employed in agricultural labor on a seasonal basis shall come under the coverage
of this title only when their cash remuneration paid or due in that calendar year
exceeds one hundred fifty dollars but only
as of the occurrence of that event and
only as to their work for that employer.!l
(7)~)ny
child under eighteen years of
age e~ployed by his parent or parents in
agricultural
activities on the family
farm.
(1973 c 124 § 1; 1972 ex.s. c 43 §
7;
1971 ex.s. c 289 § 3; 1961 c 23 §
51.12.020. Prior:
1955 c 74 § 3; prior:
1947 c
281
§ 1, part; 1943 c 210 § 1,
part; 1939 c 41 § 1, part; 1937 c 211 § 1,
part;
1927 c 310 § 1, part; 1921 c 182 §
1, part; 1919 c 131 § 1, part; 1911 c 74 §
2, part; Rem. Supp. 194 7 § 7674, part.]
51.12.080
!li1gg2TAigL fQREIGM !!Q lli=
TRASTATE RAILWAY EMPLOYEES. Inasmuch as
it has-proved-impossible-in--the case of
employees of common carriers by railroad,
engaged in maintenance and operation of
railways doing interstate,
foreign and
intrastate commerce,
and in maintenance
and construction of their equipment, to
separate and distinguish the connection of
such employees with interstate or foreign
commerce from their connection with intrastate commerce,
and such employees have,
in fact, received no compensation under
this title,
the provisions of this title
shall not apply to work performed by such
employees in the maintenance and operation
of such railroads or performed in t~e
maintenance
or
construction of the~r
equipment, or to the employees of such
common carriers by railroad engaged therein, but nothing herein shall be constru:d
as excluding from the operation of th~s
title railroad construction work, or the
employees engaged thereon:
PROVIDED, Th~t
common carriers by railroad engaged 7n
such interstate or foreign commerce and ~n
556 ]
ASSESSMENT AND COLLECTION OF PREMIUMS
51.16.060
---------------------------------------------------------------------------------------intrastate commerce shall, in all cases
where liability does not exist under the
laws of the United States, be liable in
damages to any person suffering injury
while employed by such carrier, or in case
of the death of such employee, to the
surviving spouse and child, or children,
and if no surviving spouse or child or
children, then to the parents,
minor
sisters, or minor brothers, residents of
the united States at the time of such
death, and who were dependent upon such
deceased for support, to the same extent
and subject to the same limitations as the
liability now existing, or hereafter created, by the laws of the United states
governing recoveries by railroad employees
injured while engaged in interstate commerce: PROVIDED FURTHER, That if
any
interstate
common carrier by railroad
shall also be engaged in one or more
intrastate enterprises or industries (including street railways and power plants)
other than its railroad, the foregoing
prov1s1ons of this section shall
not
exclude from the operation of the other
sections of this title or bring under the
foregoing proviso of this section any work
of such other enterprise or industry, ~he
payroll of which may be clearly separable
and distinguishable from the payroll of
the
maintenance or operation of such
railroad, or of the maintenance or construction
of its equipment:
PROVIDED
FURTHER, That nothing in this section
shall be construed as relieving an independent contraGtor engaged through or by
his employees in performing work for a
common carrier by railroad, from the duty
of complying with the terms of this title,
nor as depriving any employee of such
independent contractor of the benefits of
this title. (1973 1st ex.s. c 154 § 92;
1972
ex.s. c
43 § 9;
1961 c
23 §
51.12.080. Prior:
1925 ex.s. c 84 § 1;
1919 c 67 § 1; 1917 c 29 § 19; 1911 c 74 §
1 8 ; RRS § 76 9 3 • ]
~~eral!!lity
1lli jst ~2.:. g 154.s_
note following RCW 2.12.030.
See
51.12.130
REGISTERED APPRENTICES
QB
!E!IH~
(1)--iiy-persons-iegistered as
apprentices or trainees with the state
apprenticeship council and participating
in supplemental and related instruction
classes conducted by a school district, a
community college,.a vocational school, or
a local joint apprenticeship committee,
shall be considered as workmen of the
state apprenticeship council and subject
to the provisions of Title 51 RCW, for the
time spent in actual attendance at such
supplemental
and
related
instruction
classes.
(2)
The assumed wage rate for all apprentices or trainees during the hours
they are participating in supplemental and
related
instruction classes,
shall be
three dollars per hour.
This amount shall
be used for purposes of computations of
1973 RCW SUPP.
[
premiums, and for purposes of computations
of disability compensation payments.
(3)
Only those apprentices or trainees
who are registered with the state apprenticeship council prior to their injury or
death and who incur such injury or death
while participating in supplemental and
related instruction classes shall be entitled to benefits under the provisions of
Title 51 RCW.
(4)
The filing of claims for
benefits
under the authority of this section shall
be the exclusive remedy of apprentices or
trainees and their beneficiaries for injuries or death compensable under ~he provisions of Title 51 RCW against the state,
its political subdivisions, the school
district, community college, or vocational
school and their members,
officers or
employees or any employer regardless of
negligence.
(5)
This section shall not apply to any
apprentice or trainee who has earned wages
for the time spent in participating in
supplemental
and
related
instruction
classes.
(1973 c 110 § 1.1
Chapter 51.16
ASSESSMENT AND COLLECTION OF PREMIUMS-PAYROLLS AND RECORDS
51.16.060
2!!~RLY
B£IgQRT QE gAY=
Every employer not qualifying as a
self-insurer shall insure with the state
and shall, on or before the last day of
January, April, July and October of each
year thereafter,
furnish the department
with a true and accurate payroll for the
period in which workmen were employed by
him during the preceding calendar quarter,
the total amount paid to such workmen
during such preceding calendar quarter,
and a segregation of employment 1n the
different classes established pursuant to
this title, and shall pay his premium
thereon to the appropriate fund.
The
sufficiency of such statement shall be
subject to the approval of the director:
PROVIDED, That the director may in his
discretion and for the effective administration of this title require an employer
in
individual instances to furnish a
supplementary report containing the name
of each individual workman, his hours
worked, his rate of pay and the class or
classes in which such work was performed:
PROVIDED, FURTHER, That in the event an
employer shall furnish the department with
four consecutive quarterly reports wherein
each such quarterly report indicates that
no premium is due the department may close
the account:
AND, PROVIDED FURTHER, That
the depart•ent may promulgate rules and
regulations in accordance with chapter
34.04 RCW to establish other reporting
periods and payment due dates in lieu of
reports and payments following each calendar quarter, and may also establish terms
and conditions for payment of premiums and
assessments based on estimated payrolls,
liQ11§~
557 ]
51.16.060
INDUSTRIAL INSURANCE
---------------------
----------------------------------
with such payments being subject to approval as to sufficiency of the estimated
payroll by the department, and also subject to appropriate periodic adjustments
made by the department based on actual
payroll.
[1973 1st ex.s. c 32 § 1; 1971
e:x:.s. c 281,} § 76; 1965 e:x:.s. c 80 § 1;
1961 c 23 § 51.16.060.
Prior:
1959 c 308
§ 14; 1957 c 70 § 47; prior:
1947 c 247 §
1, part; Rem. supp. 1947 § 7676c, part.]
EX~~~~
§!!ETY Y!YI§IQ!L
All expenses of the industrial safety and health division of the
department pertaining to workmen's compensation shall be paid by the department and
financed by premiums and by assessments
collected from a self-insurer as provided
in this title.
(1973 1st ex.s. c 52 § 8;
1971 ex.s. c 289 § 86;
1961 c 23 §
51.16.105.
Prior: 1953 c 218 § 2.]
51.16.105
f!!!!~~Q~
fiQR
~~!_~j.y~ me-1:J.1} ,lll g!,S.
see note following RCW 43.22.010.
£
.21:.L
51.16.140
PREMIUM LIABILITY Qr WORK=
~AN~ Every employer-who-is--not a self1nsurer shall deduct from the pay of each
of his workmen one-half of the amount he
is required to pay, for medical benefits
within each risk classification.
Such
amount shall be periodically determined by
the director and reported by him to all
employers under this title:
PROVIDED,
That the state governmental unit shall pay
the entire amount into the medical aid
fund for volunteers, as defined in RCW
51.12.035, and the state apprenticeship
council shall pay the entire amount into
the medical aid fund for registered apprentices or trainees, for the purposes of
RCW 51.12.130.
It shall be unlawful for
the employer, unless specifically a uthorized by this title, to deduct or obtain
any part of the premium or other costs
required to be by him paid from the wages
or earnings of any of his workmen, and the
making of or attempt to make any such
deduction shall be a gross misdemeanor.
[1973 c 110 § 2; 1971 ex.s. c 289 § 77;
1971 c 20 § 2; 1961 c
23 § 51.16.140.
Prior:
(i)
1923 c 136 § 8, part; 1919 c
129 § 1, part; 1917 c 29 § 4, part; RRS §
7713,
part.
(ii)
1947 c 247 § 1, part;
Rem. Supp. 1947 § 7676e, part.]
Chapter 51. 24
ACTIONS AT LAW FOR INJURY OR DEATH
51.24.010
RIGHT
QI ACTJQli AG!1]~1
f!RTY--INTERVENIJQ! AND SUBROGATIO!
IBJ~
glQgi~
Qf
DEPA~~!I
Qg
~~LF=IE~Â¥R~B:=
CO.MRJ!OMJ§.] !!Jl g.I1,1~ME.M1.!. I f the 1n]ury
to a workman is due to negligence or wrong
of another not in the same employ, the
injured workman or, if death results from
the injury, the surviving spouse, chil~
4ren, or dependents, as the case may be.
[ 558
shall elect whether to take under this
title or seek a remedy against such other,
such election to be in advance of any suit
under this section and, if he takes under
this title, the cause of action against
such
other shall be assigned to the
department or self-insurer; if the other
choice is made, the department or selfinsurer shall contribute only the deficiency, if any, between the amount of
recovery against such third person actually collected and the compensation provided
or estimated by this title for such case:
PROVIDED, That the injured workman or if
death results from the injury, the surviving spouse, children or dependents as the
case may be, electing to seek a remedy
against such other person, shall receive
benefits payable under this title as if
such election had not been made, and the
department or self-insurer to the extent
of such payments having been made by the
department or self-insurer to the injured
workman or if death results from the
injury, the surviving spouse, children or
dependents as the case may be shall be
subrogated to the rights of such person or
persons against the recovery had from such
third party and shall have a lien thereupon.
Any such cause of action assigned to
the department or self-insurer may be
prosecuted or compromised by the department or self-insurer in its discretion in
the name of the workman, beneficiaries, or
legal representative. Any compromise by
the workman of any such suit, which would
leave a deficiency to be made good by the
department or self-insurer may be made
only with the written approval of the
department or self-insurer. If such approval is not obtained, claim for the
deficiency will be deemed to have been
waived.
Any third party action brought under
this title by such workman or beneficiary
must be duly prosecuted; if the action is
not filed or settled within one year of
the notice of election, the cause of
act~on shall be
deemed assigned to the
departm~nt or self-insurer if after thirty
days notice the action is neither filed
nor settled.
If a cause of action which
has been filed is not diligently prosecuted, the department or self-insuter shall
have the right to petition the court in
which the action is pending for an order
assigning the cause of action to the
department or self-insurer. Upon sufficient showing in the court's discretion of
a lack of diligent prosecution, such an
order shall issue.
In any action brought under this section
wherein recovery is made by compromise and
settlement or otherwise, the department or
self-insurer, to the extent of the benefits paid or payable under this title,
shall bear its proportionate share of
attorney's fees and costs incurred by the
injured workman or surviving spouse, children,
or dependents, as the case may be,
and the court shall approve the amount of
attorney's fees. [ 1973 1st ex.s. c 154 §
)
COMPENSATION-RIGHT TO AND AMOUNT
93; 1971 ex.s. c 289 § 37; 1961 c 274 § 7;
1961 c 23 § 51.24.010.
Prior:
1957 c 70
§ 23; prior:
1939 c 41 § 2, part; 1929 c
132 § 1, part; 1927 c 310 § 2, part: 1921
c 182 § 2, part; 1919 c 131 § 2, part;
1917 c 120 § 1, part; 1911 c 74 § 3, part:
RRS § 76 75, part. ]
~&!~sbi!ity
1111 1§! ~§~ £ 12~i
note following RCW 2.12.030.
see
51.24.020
ACTION AGAINST EMPLOYER FOR
IB!ENTI~HA~ INJURY: ~-If--rnjury-or-death
results to a
from the deliberate
intention of his employer to produce such
injury or death, the workman,
surviving
spouse, child, or dependent of the workman
shall have the privilege to take under
this title and also have cause of action
against the employer as if this title had
not
been enacted, for any excess of
damages over the amount received or receivable under this title.
[ 197~ 1st
ex.s. c 1Sq § 94; 1961 c 23 § 51.24.020.
Prior: 1957 c 70 § 24; prior:
1927 c 310
§ 5, part; 1919 c 131 § 5, part; 1911 c 74
§ 6, part: RRS § 7680, part.)
workman
~&!~s~!liii=-12ll
1§!
~z~
note following RCW 2.12.030.
£
~~
see
Chapter 51.32
COMPENSATION--RIGHT TO AND AMOUNT
cross References:
Public assistance
recipient rece~v~ng
industrial insurance compensation, recovery
by
department:
RCW
74.04.53074.04.580.
Victims of crimes, rights to benefits:
Chapter 7.68 RCW.
51.32.040
Q!
!!ARQ~
EX~~TION
Qf
AW!liQ~==f!l]~]I
AFTER Q]!TH==!J~~ bl~ITA!IQ]~
FOR
FILING--CONFINEMENT IN J]STITUTIQ]
UND~ ~ONVICTION AN~-~ENTENC~
No money
paid or payable under this title shall,
except as provided for in RCW 74.20A.090
and 74.20A.100, prior to the issuance and
delivery of the check or warrant therefor,
be capable of being assigned, charged, or
ever be taken in execution or attached or
garnished, nor shall the same pass, or be
paid, to any other person by operation of
law, or by any form of voluntary assignment, or power of attorney.
Any such
assignment or charge shall be void: PROVIDED, That if any workman suffers a
permanent partial injury, and dies froiD
some other cause than the accident whic~
produced such injury before he shall have
received payment of his award for such
permanent partial injury, or if any workman suffers any other injury before he
shall have received paymeht of any monthly
installment covering any period of time
prior to his death, the amount of such
permanent partial award, or
of
such
monthly payment or both, shall be paid to
1973 RCW SUPP.
51.32.050
there is no surviving spouse:
PROVIDED
FURTHER, That, if any workman suffers an
injury and dies therefrom before he shall
have
received payment of any monthly
installment covering time loss for any
period of time prior to his death, the
amount of such monthly payment shall be
paid to the surviving spouse, or to the
child or children if there is no surviving
spouse: PROVIDED FURTHER 1 That any application for compensation under the foregoing provisos of this section shall be
filed with the department or self-insuring
employer within one year of the date of
death:
PROVIDED FURTHER, That if the
injured workman resided in the United
States as long as three years prior to the
date of injury, such payment shall not be
made to any surviving spouse or child who
was at the time of the injury a nonresident of the United States:
PROVIDED
FURTHER, That any workman receiving benefits under this title who is subsequently
confined in, or who subsequently becomes
eligible therefor while confined in any
institution under conviction and sentence
shall have all payments of such compensation canceled during the period of confinement but after discharge from the
institution payment of benefits thereafter
due shall be paid if such workman would,
but for the provisions of this proviso,
otherwise be entitled thereto:
PROVIDED
FURTHER, That if such incarcerated workman
has during such confinement period, any
beneficiaries, they shall be paid directly
the monthly bene~its which would have been
paid to him for himself and his benefi~
ciaries had he not been so confined.
Any
lump sum benefits to which the workman
would otherwise be entitled but for the
prov~s~ons
of this proviso shall be paid
on a monthly basis to his beneficiaries.
(1973 1st ex.s. c 154 § 95; 1972 ex.s. c
43 § 18; 1971 ex.s. c 289 § 43; 1965 ex.s.
c 165 § 2; 1961 c 23 § 51.32.040.
Prior:
1957 c 70 § 29; prior:
1947 c 56 § 1,
part;
1927 c 310 § 7, part; 1923 c 136 §
4, part; 1921 c 182 § 6, part; 1919 c 131
§ 6,
part;
1911 c 74 § 10, part; Rem.
supp. 1947 § 7684, part.]
_g,Erabili!;.Y~.12.73 1§1 ~L.~ £ 12-i..i.
note following RCW 2.12.030.
See
51.32.050
DEATH BENEIJ!§~ (1)
Where
death results from the injury the expenses
of burial not to exceed eight hundred
dollars shall be paid.
(2)
A surviving spouse of a deceased
workman shall receive monthly throughout
his or her life th_e following sums:
(a)
If there are no children of the deceased
workman, sixty percent of the wages of the
deceased workman but not less than one
hundred eighty-five dollars.
{b)
If
there is one child of the deceased workman, sixty~two percent of the wages of the
deceased workman but not less than two
hundred twenty-two dollars.
(c)
If there
are two children of the deceased workman,
( 559 ]
51.32.050
INDUSTRIAL INSURANCE
--------------------------------------------------------------------------------------sixty-four percent of the wages of the
deceased workman but not less than two
hundred fifty-three dollars.
(d)
If
there are three children of the deceased
workman, sixty-six percent of the wages of
the deceased workman but not less than two
hundred seventy-six dollars.
(e)
If
there are four children of the deceased
workman, sixty-eight percent of the wages
of the deceased workman but not less than
two hundred ninety-nine dollars.
(f)
If
there are five or more children of the
deceased workman, seventy percent of the
wages of the deceased workman but not less
than three hundred twenty-two dollars.
Payments to the surviving spouse of the
deceased workman shall cease at the end of
the month in which remarriage occurs:
PROVIDED, That the portion of the monthly
payment
made for the benefit of the
children shall not be affected by such
remarriage. In no event shall the monthly
payments provided in this subsection exceed seventy-five percent of the average
monthly wage in the state as computed
under RCW 51.08.018.
In addition to the monthly
payments
above provided for, a surviving spouse, or
dep~ndent parent or parents, if
there 1s
no surviving spouse of any such deceased
workman shall be forthwith paid the sum of
eight hundred dollars.
Upon remarriage the surviving
spouse
shall receive, once and for all, a lump
sum of seven~y-five hundred dollars or
fifty percent of the then remaining annuity value of the pension, whichever is the
lesser, and the monthly payments to such
surviving spouse shall cease at the end of
the month in which remarriage occurs, but
the monthly payments for the child or
children shall continue as before.
(3) If there is a child or children and
no surviving spouse of the deceased workman, a sum equal to thirty-five percent of
the average monthly wage of the deceased
workman shall be paid monthly for one
child and a sum equivalent to fifteen
percent of such wage shall be paid monthly
for each additional child, the total of
such sum to be divided among such children, sha~e and share alike: PROVIDED,
That benefi~s under this subsection or
subsection (4) shall not exceed sixty-five
percent of the monthly wages of
the
deceased workman at the time of his death
or seventy-five percent of the average
monthly wage in the state as defined ir.
RCW 51.08.018, whichever is the lesser of
the two sums.
(4) In the event a surv1v1ng spouse
receiving monthly payments dies, leaving a
child or children, each shall receive the
same payment as provided in subsection (3)
of this section.
(5) If the workman leaves no surviving
spouse or chil~, but leaves a dependent or
dependents, a monthly payment shall be
made to each dependent equal to fifty
percent of the average monthly support
actually received by such dependent from
the workman during the twelve months next
preceding the occurrence of the injury,
but the total payment to all dependents in
any case shall not exceed
sixty-five
percent
of the monthly wages of the
deceased workman at the time of the death
or seventy-five percent of the average
monthly wage in the state as defined in
RCW 51.08.018, whichever is the lesser of
the two sums. If any dependent is under
th,e age of eighteen years at the time of
the occurrence of the injury, the payment
to such dependent shall cease when such
dependent reaches the age of eighteen
years except such payments shall contihue
until the dependent reaches age twenty-one
while permanently enrolled at a full time
course in an accredited school. The payment to any dependent shall cease if and
when, under the same circumstances, the
necessity creating the dependency would
have ceased if the
injury
had
not
happened.
(6)
If the in jured workman dies during
the period of perman~nt total disability,
whatever the cause of death, leaving a
surviving spouse, or child, or children,
the surviving spouse shall receive benefits as if death resulted from the injury
as provided in subsections (2) through (5)
of this section.
Upon remarriage the
payments on account of the child
or
children shall continue as before to such
child or children .. (1973 1st ex.s. c 154
§ 96;
1972 ex.s. c 43 § 19; 1971 ex.s. c
289 § 7; 1965 ex.s. c 122 § 1; 1961 c 274
§
1; 1961 c 23 § 51.32.050.
Prior: 1957
c 70 § 30; prior: 1949 c 219 § 1, part;
1947 c
246
§ 1, part; 1929 c 132 § 2,
part; 1927 c 310 § 4, part; 1923 c 136 §
2, part; 1919 c 131 § 4, part; 1917 c 28 §
1, part; 1913 c 148 § 1, part; 1911 c 74 §
5, part; Rem. Supp. 1949 § 7679, part.]
~.!~bi1i1Y=.1.2.D
.1.§1
~h~ £ j54_;_
note following RCW 2.12.030.
51.32.060
PERMANENT
!OT!k
See
DISABILITY
COMPENSATION--PERSONAL~ ATTENDANT~----when
th;--suo;r;rsor-~-r~au;triar--Tnsurance
shall determine that permanent total disability results from the injury, the workman shall receive month~y during
the
period of such disability:
(1) If married at the time of injury,
sixty-five percent of his wages but not
less than two hundred fifteen dollars per
month.
(2) If married with one child at the
time of injury, sixty-seven percent of his
wages but not less than two hundred fiftytwo dollars per month.
(3) If married with two children at the
time of injury, sixty-nine percent of his
wages but not less than two
hundred
eighty-three dollars.
(~)
If married with three children at
the time of injury, seventy-one percent of
his wages but not less than three hundred
six dollars per month.
(5)
If married with four children at
the time of injury, seventy-three percent
[ 560 ]
51.32.070
COMPENSATION--BIGHT TO AND AMOUNT
--------------------------------------------------------------------------------------2, part; 1927 c
§ 2, part; 1919
§ 1, part; 1913
§ 5, part; Rem.
of his wages but not less than three
hundred twenty-nine dollars per month.
(6)
If married with five or more children at the time of injury, seventy-five
percent of his wages but not less than
three hundred fifty-two dollars per month.
(7)
If unmarried at the time of the
injury, sixty percent of his wages but not
less than one hundred eighty-five dollars
per month.
(8) If unmarried with one child at the
time of injury, sixty-two percent of his
wages but not less than two
hundred
twenty-two dollars per month.
(9)
If unmarried with two children at
the time of injury, sixty-four percent of
his wages but not less than two hundred
fifty-three dollars per month.
(10)
If unmarried with three children
at the time of injury, sixty-six percent
of his wages but not less than two hundred
seventy•six dollars per month.
(11)
If unmarried with four children at
the time of injury, sixty-eight percent of
his wages but not less than two hundred
ninety-nine dollars per month.
(12)
If unmarried with five or more
children at the time of injury, seventy
percent of his wages but not less than
three
hundred
twenty-two dollars per
month.
(13)
For any p~riod of time where both
husband and wit~ are entitled to compensation as temporarily or totally disabled
workmen,
only that spouse having
the
higher wages of the two shall be €ntitled
to claim th~ir child or children for
compensation purposes.
(14)
In case of permanent total disability,
if the character of the injury is
such as to render the workman so physically helpless as to require the hiring of
the services of an attendant, the monthly
payment by the department to such attendant for such services shall be an amount
not to exceed forty percent of the average
monthly wage in the state as computed in
RCW 51.08.018 per month as long as such
requirement continues, but such payments
shall not obtain or be op€rative while the
workman is receiving care under or pursuant to the provisions of chapters 51.36
and 51.4 0.
(15)
Should any further accident result
in the pe~manent total disability of an
injured workman,
he shall receive the
pension to which he would be entitled,
notwithstanding the payment of a lump sum
for his prior injury.
(16)
In no event shall the monthly
payments provided in this section exceed
seventy-five
percent
of
the average
monthly wage in the state as computed
under the prov~s~ons of BCW 51.08.018,
except that this limitation shall not
apply to the payments provided for in
subsection (14) of this section.
[1973 c
1~7
§ 1; 1972 ex.s. c 43 § 20; 1971 ex.s.
c 289 § 8; 1965 ex.s. c 122 § 2; 1961 c
274 § 2;
1961 c 23 § 51.32.060. Prior:
1957 c 70 § 3,; prior:
1949 c 219 § 1,
part;
1947 c 246 § 1, part; 1929 c 132 §
1973 RCW SUPP.
(
310 §
c 131
c 148
Supp.
4, part; 1923 c
136
§ 4, part; 1917 c 28
§ 1, part; 1911 c 74
1949 § 7679, part.]
51.32.070
AQDITIQ!!b f!IMENT~ fQB fR1=
PENSIONERS--PERSONAL
!ITEEQh~!
j!~
AM~liDEQ ii-l~Il-£ 141 §-li~ Notwithstanding any other provision of law, every
surviving spouse receiving a pension under
this title and every permanently totally
disabled workman or temporarily totally
disabled workman receiving a pension or
compensation for temporary total disability under this title, pursuant to compensation schedules in effect prior to July 1,
1971, shall, after March 20, 1973, be paid
fifty percent of ~he average monthly wag~
of the state as computed under RCW 51.08.018 per month, and an amount equal to
five
percent of such average monthly wage
per month if married, and an additional
two percent of such average monthly wage
for each child.
If the character of the injury is such
as to render the workman so physically
helpless as to require the hiring of the
services of an attendant,
the monthly
payment by ~he department to such attendant for such services shall not exceed
forty percent of the average monthly wage
in the state as computed pursuant to RCW
51.08.018
per month as long as such
requirement continues but such payments
shall not obtain or be operative while the
workman is rece~ving care under or pursuant to the provisions of chapte~s 51.36
and 51.~0 RCW:
PROVIDED, That such payments shall not be considered compensation
nor shall they be subject to any limitation upon total compensation payments.
No part of such additional
payments
shall be payable from the accident fund or
be charged against any class under the
industrial insurance law.
The director shall pay monthly to every
such surviving spouse and totally disabled
workman from the supplemental pension fund
such an amount as will, when added to the
pensions or temporary total disability
compensation they are presently receiving,
equal the amounts hereinabove specified.
In cases where money has been or shall
be advanced to any such person from the
pension reserve, the additional amount to
be paid to him or her under this section
shall be reduced by the amount of monthly
pension which was or is predicated upon
such
advanced portion of the pension
reserve.
( 1973 c 147 § 2;
1971 ex.s.
c
289 § 9; 1965 ex.s. c 166 § 1; 1961 c 108
§ 1; 1961 c 23 § 51.32.070. Prior:
1957
c 196 § 1; 1947 c 233 § 1; Rem. supp. 1947
§ 7679b. 1
OR
~vi~r's n21~~
RCW
51.32.070
was
amended twice during the 1973 regular and
first extraordinary sessions of the legislature, each without reference to the
other.
561
]
51.32.070
INDUSTRIAL INSURANCE
-----------------------------------------------------------------------------For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
FOR Ell.=
ATTENDANT J!~
AMENJ2~ ].! .1211 la! !.l~.:.b C--154 .2- ill.:.
Notwithstanding any other provision of
law, every surviving spouse rece1v1ng a
pension under this title shall, after July
1, 1971, be paid one hundred eighty-five
dollars per month, and every permanently
totally disabled workman or temporarily
totally disabled workman receiving a pension or compensation for temporary total
disability under this title shall, after
such date, be paid one hundred eighty-five
dollars per month and one hundred fifteen
dollars per month additional in cases
requiring the services of an attendant, if
unmarried at the time the injury occurred;
two hundred fifteen dollars per month, and
one hundred fifteen dollars per month
additional in cases requiring the services
of an attendant, if the totally disabled
workman has an invalid spouse; and one
hundred seventy-five dollars per month, in
addition to any amount now or hereafter
allowed in cases re~uiring the services of
an attendant, if neither spouse is an
invalid and the husband and wife are
living together as such.
No part of such additional
payments
shall be payable from the accident fund.
The director shall pay monthly to every
such surviving spouse, and totally disabled workman from the supplemental pension fund such an amount as will, when
added to the pensions or temporary total
disability compensation they are presently
receiving, exclusive of amounts received
for children or dependents or attendants,
equal the amounts hereinabove specified.
In cases where money has been or shall
be advanced to any such person from the
pension reserve, the additional amount to
be paid to him or her under this section
shall be reduced by the amount of monthly
pension which was or is predicated upon
such
advanced portion of the pension
reserve. (1973 1st ex.s. c 154 § 97; 1971
ex.s. c 289 § 9; 1965 ex.s. c 166 § 1;
1961 c 108 § 1; 1961 c 23 § 51.32.070.
Prior:
1957 c 196 § 1; 1947 c 233 § 1;
Rem. Supp. 1947 § 7679b.]
51.32.070
Q]
ADQITIQ.!!Ak
Ell~tNTS
,U.,HSIONER~n]~Qlfll
~§!vera.Qi.!i:!.Y
12ZJ 12.! gk~ £ .124:
note following RCW 2.12.030.
!QS
P~IÂ
Qt WORK:
!:Q] AQQITIONA!- fill~
Each employer shall retain from the earnings of each workman that amount as shall
be fixed from time to time by the director, the basis for measuring said amount
to be determined by the director. The
money so retained shall be matched in an
equal amount by each employer, and all
such moneys shall be remitted to the
department in such manner and at such
intervals as the department directs ar.d
shall be placed in the supplemental pension fund:
PROVID£D, That the
state
apprenticeship council shall pay the entire amount into the supplemental pension
fund for registered apprentices or trainees during their participation in supplemental and related instruction classes.
The moneys so collected shall be used
exclusively for the additional payments
prescribed in RCW 51.32.070 and shall be
no
more than necessary to make such
payments on a current basis. [1973 c 110
§ 3;
1972 ex.s. c 43 § 24; 1971 ex.s. c
289 § n. J
!i!!i ANQ illkQlli
~Q§.llHi
QI
~IDi,llON .(;;!~=,gJ.N~£:1!!
CL.ll.!1 £Q.ti£illiY~
ill: aEQ!l~~ 12.!! ~]
B]~IQ.:.
In pension cases when a workman
or beneficiary closes his claim by full
conversion to a lump sum or in any other
manner as provided in RCW 51.32.130 and
51.32.150, such action shall be conclusive
and effective to bar any subsequent application or claim relative thereto by the
workman or any beneficiary which would
otherwise
exist
had such person not
elected to close the claim: PROVIDED, The
director may require the spouse of such
workman to consent in writing as a prerequisite to conversion and/or the closing of
such claim. [1973 1st ex.s. c 154 § 98;
1961 c 23 § 51.32.135. Prior: 1953 c 143
51. 32. 135
IN
§ 1.]
~~yg,t:.s£1.lity=1973
lei
,g.!.:.§.:. ~
note following RCW 2.12.030.
1.2.!!1 See
DIMINUTIONL QB
If aggravation, diminution,
or termination of disability takes place
or be discovered after the rate of compensation shall have been established or
compensation terminated, in any case the
director, through and by means of the
division of industrial insurance, may,
upon the application of the beneficiary,
made within seven years after the establishment or termination of such compensa~
tion, or upon his own motion, readjust for
further application the rate of compensation in accordance with the rules in this
section provided for the same, or in a
proper case terminate the payment: PROVIDED, That the time limitation of this
section shall be ten years in claims
involving loss of vision or function of
the eyes.
51.32.160
TE.RMINAT~
See
£gv ig_;:!.§ !!2.!§.:..
RC W 51 • 3 2. 070
was
amended twice during the 1973 regular and
first extraordinary sessions of the legislature, each without reference to the
other.
For ~ule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
[
!QQ1TIQli.!1 g.!!]]]!~
~!QNERS--PREMIUM 1!~!b!TY
51.32.073
OR
562
]
.!~~RAV!IIQ!iL
51.44.100
FUNDS
--------------------------------------------------------------------------------------No act done or ordered to be done by the
director, or the department prior to the
signing and filing in the matter of a
written order for such readjustment shall
be ground for such readjustment.
[1973
1st
ex • s • c
192 § 1 ;
19 6 1 c
23 §
51.32.160. Prior: 1957 c 70 § 38; prior:
1951 c 115 § 5; 1949 c 219 § 1, part; 1947
c 246 § 1, part; 1929 c
132 § 2, part;
1927 c 310 § 4,
part; 1923 c 136 § 2,
part; 1919 c 131 § 4, part; 1917 c 28 § 1,
part; 1913 c 148 § 1, part; 1911 c 7 4 § 5,
part; Rem. Supp. 1949 § 7679, part.]
Chapter 51.40
MEDICAL AID CONTRACTS
51.40.040
PROVISIO! fOR
WHEN CONTRACT SERVICE ENDED.
MEDICAL AID
The-eiployer
shall--pay--monthly--into-~he medical aid
fund ten percent of the amount he would
have been required to pay in that month if
such contract had not been made,
and of
that ten percent he shall collect one-half
from his said workmen by proper deduction
from the daily wage of each and, in
addition thereto, every classification and
subclassification of industries whose employer and employees are under medical aid
contract, shall pay into the surplus fund
hereby Greated a further sum to be determined by the director, through the division
of
industrial
insurance,
not
exceeding ten percent of the amount that
would have been required to be paid into
the medical aid fund if such contract had
not been made and the employer shall
collect such sum £rom the party agreeing
to furnish such medical aid and hospital
service.
The surplus fund shall be used
by the director only for the purpose of
furnishing medical aid to workmen included
in the contract provided for in this
section,
where the necessity therefor
arises after the expiration or cancellation of such medical aid contract, in
those instances where the medical aid
contractor has become deceased, insolvent,
dissolved or, in the op~n~on of
the
director, otherwise incapable of rendering
the required medical aid to the injured
workmen. The amount at which such surplus
fund shall be maintained in each classification
and subclassification shall be
determined by the director, through the
division of industrial insurance, based
upon the estimated costs of such future
medical t~eatment required to be furnished
after the expiration or cancellation of
the medical aid contract, except as in
this chapter provided. When adequate reserves for such purpose have been accumulated to the credit of any classification
and subclassification the levy therefor
may be suspended in the discretion of the
director.
Disbursements from said surplus
fund shall be made by warrants drawn
against the same by the department upon
certificate thereof, or requisition therefor through the division of industrial
1973 RCW SUPP.
insurance.
Payment into the surplus fund
shall not relievE the party agreeing to
furnish such medical aid and hospital
service from his obligation so to do at
any time during or after the expiration of
his medical aid con~ract except as in this
section provided: PROVIDED, That if,
upon
the expiration of any medical aid contract the medical aid contractor does not
renew it and forthwith and thereafter
ceases the performance of all medical aid
contracts as in this chapter provided, he
shall be relieved from all liability to
furnish future medical aid to the injured
workman arising after the expiration of
such contract or contracts, if he has paid
all levies theretofore made during the
existence of such contract or con~racts
into the surplus fund.
[ 1973 c 106 § 29;
1961 c 23 § 51.40.040. Prior: 1939 c 50
§ 1, part; 1927 c 310 § 9,
part;
1921 c
182 § 12, part; 1919 c 129 § 5, part; 1917
c 28 § 15, part; RRS § 7724, part.]
Chapter 51.44
FUNDS
51.44.100
l]VESI~~!I Ql A££IQ~MIL ~~~=
IC!1 !1QL B~2~BY~ FU!Q2~ Whenever, in the
judgment of the state finance committee,
there shall be in the accident fund,
medical aid fund, or in the reserve fund,
funds in excess of that amount deemed by
such committee to be sufficient to meet
the current expenditures properly payable
therefrom, the committee may invest and
reinvest such excess funds in the ~anner
prescribed
by RCW 43.84.150,
and not
otherwise.
The state finance committee may give
consideration to the investment of excess
funds in federally insured student loans
made to persons in vocational training or
retraining or reeducation programs. The
state finance committee may make such
investments by purchasing from savinge and
loan associations, c,ommercial banks, mutual savings banks, credit unions and other
institutions authorized to be
lenders
under the federally insured student loan
act, organized under federal or state law
an~
operating in this state loans made by
such institutions to residents of the
sta~e
of Washing~on particularly for the
purpose of vocational training or reeducation:
PROVIDED, That the state finance
committee shall purchase only that portion
of any loan which is guaranteed or insured
by the United States of Ame.r ica, or by any
agency or inst~umentality of the United
States of America: PROVIDED FURTHER, That
the state finance committee is authorized
to enter into contracts with such savings
and loan associations, commercial banks,
mutual savings banks, credit unions,
and
other institutions authorized to be lenders under the federally insured student
loan act to service loans purchased pursuant to this section at an agreed upon
contract price.
[1973 1st ex.s. c 103 §
[ 563 ]
51.44.100
INDUSTRIAL INSURANCE
--------------------------------------------------------------------------------------6; 1972 ex.s. c 92 § 2; 1965 ex.s. c 41
§
1; 1961 c 281 § 10; 1961 c 23 § 51.44.100.
Prior:
1959 c 244 § 1; 1935 c 90 § 1; RRS
§ 7705-1.]
~tllls.l2illi.I=_1.21112! ex,§.!. £
note following RCW 2.10.080.
llil.
See
51.44.110
DISBURSEI'IENTS
OF
f~.!.
Disbursement out- of--~ several funds
shall be made only upon warrants drawn by
the department.
The state treasurer shall
pay every warrant out of the fund upon
which it is drawn. If, at any time, there
shall not he sufficient money in the fund
on which any such warrant is drawn wherewith to pay the same, the employer on
account of whose workman it was that the
warrant wa.s drawn shall pay the same, and
he shall be credited upon his next following contribution to such fund the amount
so paid with interest thereon at the legal
rate froa the date of such payment to the
date such next following
contribution
became payable and, if the amount of the
credit shall exceed the amount of the
contribution, he shall have a warrant upon
the same fund for the excess and,
if any
sttch warran~ shall not be so paid, it
shall remain, nevertheless, payable out of
the fund.
( 1973 c 106 § 30; 1961 c 23 §
51.44.110.
Prior: 1911 c 74 § 26,
part;
RRS § 1705, part. )
Chapter 51.52
APPEALS
51.52.110
COQBI AR1§!1==I!~J!Q Ill~ AP=
£EA1.!. Within thirty days after a decision
of the board to deny the petition or
petitions for review upon such appeal has
been comaunicated to such workman, beneficiary, emfloyer or other person, or within
thirty days after the final decision and
order of the board upon such appeal has
been communicated to such workman, beneficiary, emfloyer or other person, or within
thirty days after the appeal is deemed
denied as herein provided, such workman,
beneficiary,
employer or other
person
aggrieved by the decision and order of the
board may appeal to the superior court.
In cases involving injured workmen such
appeal shall be to the superior court of
the county of residence of the workman or
beneficiary, as shown by the department's
records,
or to the superior court of the
county wherein the injury occurred or
where neither the county of residence nor
the county wherein the injury occurred are
in the state of Washington then the appeal
may be directed to the superior court for
Thurston county.
In all other cases the
appeal shall be to the superior court of
Thurston county.
Such appeal shall be
perfected by filing with the clerk of the
court a notice of appeal and by serving a
copy thereof by mail,
cr personally, on
the director and on the board.
If the
case is one involving a self-ins~ter a
copy of the notice of appeal shall also'be
served by mail, or peraonally, on such
self-insurer.
The department shall, in
all cases not involving a self-insurer
within twenty days after the receipt of
such notice of appeal, serve and file its
notice of appearance and such appeal shall
thereupon be deemed at issue. If the case
is one involving a self-insurer, such
self-insurer shall,
within twenty days
after receipt of such notice of appeal,
serve and file
its notice of appearance
and such appeal shall thereupon be deemed
to
be at issue.
In such cases the
department may appear and take part in any
proceedings.
The board shall serve upon
the appealing party, the director, the
self-insurer if the case involves a selfinsurer, and any other party appearing at
the board's proceeding, and file with the
clerk of the court before trial, a certified copy of the board's official record
which shall include the notice of appeal
and other pleadings, testimony and exhibits, and the board's decision and order,
which shall become the record in such
case.
No bond shall be required
on
appeals
to the superior court or on
appeals to the supreme court or the court
of appeals,
except that an appeal by the
employer from a decision and order of the
board under RCW 51.48.070, shall be ineffectual unless, within five days following
the service of notice thereof, a bond,
with surety satisfactory to the court,
shall be filed, conditioned to perform the
judgment of the court.
Except in the case
last named an appeal shall not be a stay:
PROVIDED, HOWEVER, That whenever the board
has made any decision and order reversing
an order of the supervisor of industrial
insurance on questions of law or mandatory
administrative actions of the director,
the department shall have the right of
appeal to the superior court. [ 1973 c 40
§ 1.
Prior:
1972 ex.s. c 50 § 1; 1972
ex.s. c 43 § 36; 197-1 ex.s. c 289 § 24;
1971 c
81
§ 122; 1961 c 23 § 51.52.110;
prior:
1957 c 10 § 61; 1951 c 225 § 14;
prior:
1949 c 219 § 6, part; 1943 c 280 §
1, part; 1931 c 90 § 1, part; 1929 c 132 §
6, part; 1927 c 310 § 8, part; 1911 c 74 §
20, part; Rem. Supp. 1949 § 7697, part.]
TITLE 52
FIRE PROTECTION DISTRICTS
Sections added, amended, or repealed:
52.08.030
( 564 ]
Specific powers--Equipment-Property--Service agreements-Joint operations--AssociationGeneral authority--Life
insurance.
52.08.030
POWERS
--------------------------------------------------------------------------~----------
52.08.060
52.08~090
~£!~ 2~.:.1~
52.12.010
£M~il~
52.16.120
52.16.130
52.16.140
52.16.160
£~~!.:
£;~§i.Ql!~.t2.:.
.tiM!l£~.2.:.
Bonds may be issued for capital
purposes--Limitation.
Annual levy to meet bond
payments.
General levy authorized-Limit--Excess levy at special
election.
General levy may exceed limit-When.
Tax levy by district when township disorganized and no longer
making a levy.
llil.§
52.36.020
city,
Number--Qualifications--Insurance--Compensation--Service as
volunteer fireman--Waiver of
compensation--Terms of first
commissioners.
.21.:.1§.
52.16.080
protection and prevention purposes.
Any
town, municipal corporation or governm~ntal
agency may contract with
a
county fire protection district established and maintained under the provisions
of this act for the purpose of affording
such district fire fighting and protection
equipment and service or fire prevention
facilities,
and in so contracting the
district, city,
town, municipal corporation or other governmental agency shall be
deemed for all purposes to act within its
governmental capacity.
Any county fire
protection district established and maintained under the provisions of this act,
or any city, town, municipal corporation
or other governmental agency is hereby
authorized to contract with any person,
firm or corporation for the purpose of
affording fire fighting,
protection or
fire prevention facilities to such person,
firm or corporation and such contractual
relati~n shall be deemed for all
purposes
to be within the governme~tal power of
such rural fire protection district, c~ty,
town,
municipal corporation or oth~r governmental agency;
(4)
Fire protection districts situated
in different counties may contract to
operate jointly in carrying out the ob~
jects of their creation.
Contracts for
joint operation may provide for
joint
ownership of property and equipment, and
may
authorize a
joint board of fire
commissioners of the contracting districts
to manage the affairs of the joint operations; to employ and discharge the necessary agents and employees and fix their
respective wages and salaries; to provide
and designate a suitable place in any
county in which any of the contracting
districts is situated, as a regular meeting place for the joint board; to incur
the necessary expenses and direct the
payment therefor from the funds of th~
contracting districts in such proportion
as the joint boards shall determine; and
to do all things as may in the judgment of
the joint board be required to carry out
the joint operations of the contracting
districts.
The joint board shall consist of the
members of the boards of the contracting
districts and a majority of the membership
of each district board shall constitute a
quorum for the transaction of the business
of the joint board. The members of the
boards of fire commissioners of the contracting districts shall organize as a
joint board annually in January after the
second Monday thereof, elect a chairman
and appoint a secretary for the ensuing
year.
Any member of the board of any
contracting district may act as secretary
of the joint board or the joint board may
appoint such other person as the joint
board may determine.
The
joint board
shall prepare the annual budget for the
joint operation of the contracting districts and shall determine the share of
revenues for the
joint operation to be
raised by each district and the share of
Annexation of territory by
election method--Procedure--Indebtedness--Hearing and election dispensed with, when.
Liability insurance for officials and employees.
Mi§£U1&!l~.Q.!!§
f£.Q]:isiO.!l§.:.
Property of ~ublic agency included within district--Contracts for services. (Effective
July 1, 1974.)
Chapter 52.08
POWERS
52.08.030
SPECIFIC POWERS--!QUIPMENT~
!!.!!.Qg].!ITiz::ill!I~E ,AGRny.Nfs __ Jo_!_NI QPERA.:
I:tONS--ASSOCI.u!Q.!i=-G~_liERli
!Y.I!!.Q!l!IL-=:
1IF~
.!!!SURA!~
Any fire protection dis-
trict organized under this act shall have
authority:
(1)
To lease, own,
maintain, operate
and provide fire engines and all other
necessary or proper apparatus, facilities,
machinery and equipment for the prevention
and extinguishment of fires, and protection of life and property;
(2) To lease, own, maintain and operate
real property,
improvements and fixtures
thereon suitable and convenient for housing, repairing and caring for fire fighting equipment;
(3) To enter into contract with any
incorporated city or town whereby such
city or town shall furnish fire prevention
and fire extinguishment service to the
districts
and the inhabitants thereof
under the provisions of this act upon such
terms as the board of directors of the
district shall determine.
To contract
with another county fire protection district, or with any town, city or municipal
corporation
or governmental agency or
private person or persons to consolidate
or cooperate for mutual fire fighting
197 3 RCW SUPP.
[
565
]
52.08.030
FIRE PROTECTION DISTRICTS
-------------------------~-----------------------------------------------------------
the expense of joint operation to be paid
by each district in the ensuing year, and
the secretary of the
joint board shall
certify and deliver within the time required by law, to the county auditor of
each county involved,
the part of the
budget to be raised by the district in
that county and the tax officials of that
county shall levy and collect th€ tax, and
the county treasurer shall pay vouchers
drawn by the joint board on the funds of
the district in that county upon warrants
issued by the county auditor of that
county.
Contracts for joint operation of fire
districts, as herein authorized shall run
from year to year and as of January
1st
may be terminated by written notice of the
board of fire commissioners of any contracting district to the other contracting
district or districts on or before July
1st and the contract for joint operations
shall terminate on January 1st following:
PROVIDED, That all obligations of the
joint operations must be paid or definitely arranged for before contract termination and no notice of termination shall
relieve any contracting district of its
unpaid obligation incurred under the contract for joint operation;
(5)
To encourage uniformity and coordination of fire protection district operation programs, the fire commissioners of
two or more fire protection districts, may
form an association thereof,
for
the
purpose of securing data .and information
of value in fighting
and in preventing
fires;
hold and attend meetings thereof;
and promote more economical and efficient
operation of the associated fir·e protection districts.
The directors of fire
protection districts so associated shall
adopt articles of association,
select a
chairman and secretary, and such other
officers as they may determine, and may
employ
and discharge such agents and
employees as the officers deem convenient
to carry out the purposes of the association.
The expenses of the association may
be paid from fire protection district
expense funds upon vouchers of the respective associated districts: PROVIDED, That
the aggregate contributions made to the
association by any district in any calendar year shall not exceed two and one-half
cents per thousand dollars of assessed
valuation;
(6)
Two or more fire protection districts may contract with each other and
such a district may contract with a city
or county or the state supervisdr of
forestry or any association approved by
him for the
joint leasing,
ownership,
maintenance and operation of all necessary
and proper apparatus, facilities, machinery,
and equipment for the elimination of
fire hazards and for
the protection of
life and property within the contracting
districts, and of real property,
improvements and fixtures thereon suitable and
convenient for the housing, repairing, and
caring for such apparatus,
facilities,
[ 566
machinery, and equipment, and may contribute their agreed proportion of the cost
and expense thereof.
Such contracts shall be executed by the
commissioners of the contracting districts
and,
when the contract is between such
districts, the terms and conditions thereof shall be carried out by the boards of
commissioners acting jointly;
(7)
To do all things and perform all
acts not otherwise prohibited by law.
(8)
May enter into contract to provide
group life insurance for the benefit of
the personnel of the fire districts, but
not to exceed ten thousand dollars coverage per covered employee, and not more
than fifty percent of the cost of such
insurance shall be borne by the employer
fire district.
[1973 1st ex.s. c 195 §
48; 1963 c 101 § 1; 1959 c 237 § 2; 1947 c
254 § 6; 1941 c 70 § 4; 1939 c 34 § 20;
Rem. supp. 1947 § 5654-120.]
2gfill!!illiY=£!ifectiv§ ~tg2 ~n.~ 1tl!ing.!i~ dat~=£Q~tr,Y£ti.Q!!=191.J 121 U!.§.:.
£ 195:
See notes following RCW 84.52.043.
52.08.060
Ali~f!X!!IQli QI
!ERRIIQ~! ~!
ELECTION METHOD--PROCEDURE--INDEBTEDNESS-HE'A:RIN£ AND i~ECTION DISPENSrut UI!k. WHEN:
Any territory contiguous to a fire protection district and not within the boundaries of a city or town or other fire
protection district may be annexed to such
fire protection district, for the purpose
of obtaining fire fighting
protection or
prevention
facilities,
by petition of
fifteen percent of the qualified registered electors residing within the territory proposed to
be
annexed.
Such
petition shall be filed with the fire
commissioners of the fire protection dis·
trict and if the said fire commissioners
shall concur in the said petition they
shall then file such petition with the
county auditor who shall within thirty
days fro~ the date of filing such petition
examine the signatures thereof and certify
to the sufficiency or insufficiency thereof.
After the county auditor shall have
certified to the sufficiency of the petition, the proceedings thereafter 3y the
board of county commissioners and the
rights and powers and duties of the board
of county commissioners, petitioners and
objectors and the election and canvass
thereof shall be the same as in the
original proceedings to form a fire protection
district:
PROVIDED, That the
board of county commissioners shall have
authority and it shall be its duty to
determine on an equitable basis,
the
amount of obligation which the territorr
to be annexed to the district
shall
assume, if any, to place the taxpayers of
the existing district on a fair
and
equitable relationship with the taxpayers
of the territory to be annexed by reason
of the benefits of coming into a going
district previously supported by the taxpayers of the existing district, and such
]
52.16.080
FINANCES
--------------------------------------------------------------------------------------obligation may be paid to the district in
yearly installments to be fixed by the
county board if within the one dollar per
thousand dollars of assessed value annual
tax limit and included in the annual tax
levies against the property in such annexed territory until fully paid.
The
amount of the obligation and the plan of
payment thereof fixed by the county board
shall be set out in general terms in the
notice of election for annexation:
PROVIDED, HOWEVER, That the special election
shall be held only within the boundaries
of the territory proposed to be annexed to
said fire protection district.
Upon the
entry of the order of the board of county
commissioners incorporating such contiguous territory with such existing fire
protection districts, said territory shall
become subject to the indebtedness, bonded
or otherwise, of said existing district in
like manner as the territory of said
district. Should such petition be signed
by sixty percent of the qualified registered electors residing within the territory proposed to be annexed, and should
the fire commissioners concur therein, an
election in such territory and a hearing
on such petition shall be dispensed with
and the board of county commissioners
shall enter its order incorporating such
territory within the said existing fire
protection district. [1973 1st ex.s.
c
195 § 49; 1965 ex.s. c 18 § 1; 1959 c 237
§ 3; 1947 c 254 § 5; 1945 c 162 § 2;
1941
c 70 § 3; Rem. Supp. 1947 § 5654-116a.]
SeV§llQUili::-~ff~,!~~
da,!g§: and ,termi.=
Jst §lh.:h
See notes following RCW 84.52.043.
n~io,n da,t~~.Q!!.2!.£!!£.!ion==12I.J
~
195:
52.08.090
LIABILITY INSURANCE FOR OF~
ANJ2 EMPioYEEs:--The--board
commissioners o~ea~fire district may
purchase liability insurance with such
limits as they may deem reasonable for the
purpose of protecting their officials and
employees against liability for personal
or bodily injuries and property damage
arising from their acts or omissions while
performing or in good faith purporting to
perform their official duties.
[1973 c
, 25 § 3. ]
<>£
!I£n.t~
board meetings and for performance of
other services in behalf of the district.
In addition, they shall receive necessary
expenses incurred in attending meetings of
the board or when otherwise engaged iPdistrict business, and shall be entitled
to receive the same insurance available to
all firemen of the district: PROVIDED,
That the premiums for such insurance,
except liability insurance, shall be paid
by the individual commissioners who elect
to receive it. In any district which has
a fire department owning and operating
motor~powered
fire fighting equipment and
employing personnel on a full time,
fully
paid basis,
fire commissioners, in addition to expenses as aforesaid, shall each
receive twenty-five dollars per day, n~t
to exceed one hundred twenty-five dollars
per month, for attendance at board meetings and for performance of other services
on behalf of the district. Any commissioner may waive all or any portion of his
compensation payable under this section as
to any month or months during his term of
office, by a written waiver filed with the
secretary as provided in this section.
The waiver, to be effective, must be filed
any time after the commissioner's election
and prior to the date on which said
compensation would otherwise be paid. The
waiver shall specify the month or period
of months for which it is made.
The board shall fix the compensation to
be paid the secretary and all other agents
and employees of the district. The board
may, by resolution adopt~d by unanimous
vote, authorize any of its members to
serve as volunteer firemen without compensation.
A commissioner actually serving
as a volunteer fireman may enjoy the
rights and benefits of a volunteer fireman. The first commissioners shall serve
until after the next general election for
the selection of commissioners and until
their successors have been elected or
appointed and have qualified. [1973 c 86
§ 1; 1971 ex.s. c 242 § 2; 1~69 ex.s. c 67
§ 1 ; 1 9 6 7 c 5 1 § 1 ; ,19 6 5 c 112 §. 1 ; 19 59 c
237 § 4; 1957 c 238 § 1; 1945 c 162 § 3;
1939 c 34 § 22; Rem. Supp.
1945 § 565412 2. ]
chapter 52.16
FINANCES
Chapter 52. 12
COMMISSIONERS
52.1.2.010
.!ill11!!E==2.Y.llll:IC!~!Q!~==!!i.=
~URAN~f211RIDillTION==SEE.!IQ
!~ !Q.!&li.=
IEEJ! FIE!;MA!i=WAIVER OF
~OMf§:lli!ION-::
COmLligQ!~
The affairs
of the district shall be managed by a
board of fire commissioners composed of
three resident electors of the district.
The members of any district which owns or
operates
motor-powered
fire
fighting
equipment shall each receive twenty-five
dollars per day, not to exceed seventyfive dollars per month, for attendance at
ffiMS Qf. liEg
197 3 RCW SUPP.
52.16.080
BOMQ~ ~ BE ISSUED FO] fAR.=
ITAL PURPOSES--LIMITATION.
Fire protection districtsara-hereby- authorized to
incur general indebtedness for capital
purposes whic~ shall include replacements
of equipment which may be damaged or lost
and for the purpose of refunding outstanding coupon warrants issued for capital
purposes only, not to exceed an amount,
together
with any outstanding general
obligation indebtedness, equal to threefourths of one percent of the value of the
taxable property within such district, as
the term "value of the ta~able property"
( 567 ]
52.16.080
FIRE PROTECTION DISTRICTS
------------------------------------------------~-------
is defined in RCi 39.36.015, and to issue
general obligation bonds evidencing such
indebtedness on the terms and prov1s1ons
hereinafter set forth, the principal and
interest thereof to be payable from annual
tax levies to be made in excess of the
constitutional and/or statutory tax limitations • ( 1 9 7 3 1 st e x. s • c 1 9 5 § 50 ; 19 7 0
ex.s. c 42 § 30; 1953 c 176 § 4; 1951
2nd
ex.s. c 24 § 3.]
authorization of the board of fire commissioners of such district. [ 1973 1st e~.s.
c 195 § 52; 1971 ex.s. c
105 § 1;
1963
ex.s. c 13 § 2; 1951 2nd ex.s. c 2~ § 8.]
~~ygrabili ty-Effe£1iV§ daig§ s!lS j;ermi·
~1i2n dates-=construction--1973 l§t ex.S:
£ 1~5~
See notes following RCW 84.527043:
GENERAb LEV!
~!
EXCEED
Notwithstanding the
tion of dollar rates contained in RCii
52.16.130, the board of fire commissioners
of any such district is hereby authorized
to levy, in addition to any levy for the
payment of the principal and interest of
any outstanding general obligation bonds
and levies necessary to pay the principal
and interest of any coupon warrants here·
tofore issued and outstanding, an
ad
valorem tax on all property located in
such district of not to exceed fifty cents
per thousand dollars of assessed value
when such levy will not take dollar rates
which other taxing districts may lawfully
claim and which will not cause the combined levies to exceed the constitutional
and;or statutory limitations, and 511ch
additional levy, or any portion thereof,
may also be made when dollar rates of
other taxing .units is released therefor by
agreement with the other taxing units from
their authorized levies. [1973 1st ex.s.
c 195 § 53; 1951 2nd ex.s. c 2~ § 9.)
52.16.140
LI~~~~
!li!QAL 1EVI IQ ~]]! ~Q
An annual levy in excess of the
constitutional and/or statutory tax limitations shall be made upon all the taxable
property within such district,
except
those lands within the district which are
now or will hereafter be required to pay
forest protection assessment, by the officers or governing body thereof now or
hereafter charged by law with the duty of
levying taxes for such district sufficient
to meet the annual and semiannual payments
of principal and interest due on said
bonds.
(1973 1st ex.s. c 195 §51; 1951
2nd ex.s. c 24 § 7.]
52.16.120
RAI~~~~
~§X§£AEility
D.lliOl}
£
195~
Eff§£~i~ ~1~§
g.Q~~.§_-Const,&yct.i.gn
sng
~ermi=
j97J. 1§1 ~-£
See notes following RCW 84.52.043.
GENERA!! 1tll
AUTHORIZED=
1~IT--tXCESS
LE!1 !I ~~!!1 ]b]£TIO~-£
To carry out the purposes for which fire
protection
districts are created,
the
board of fire commissioners of any such
district is hereby authorized to levy each
year, in addition to the levy or levies
provided in this act for the payment of
the principal and interest of any outstanding general obligation bonds and the
levies necessary to pay the principal and
interest of any coupon warrants heretofore
issued and outstanding, an ad valorem tax
on all taxable property located in such
district not to exceed fifty cents per
thousand dollars of assessed value:
PROVIDED, That in no case may the total
general levy for all purposes, except
retirement of general obligation bonds,
exceed one dollar per thousand dollars of
assessed value.
Levies in excess of one
dollar per thousand dollars of assessed
value or in excess of aggregate dollar
rate limitations or both may be made for
any district purpose when so authorized at
a special election under the provisions of
RCW 84.52.052.
Any such tax when so
levied shall be certified to the proper
county officials for the collection of the
same as £or other general taxes.
such
taxes when collected shall be placed in
the appropriate district fund or funds as
provided by law, and shall be paid out on
warrants of the auditor of the county iu
which the district is situated,
upon
52. 16. 130
[
1TmTti=
~§X§f:sbiJ.itY=::Ef~£1iY~ dag§ ~.!lg 1g!!!i.:
ns:ti2n gat~e=~1!§tr.!!~i2n=ill1 1.2! $!.:.2.:.
£ J95i See notes following RCW 84.52.043.
52.16.160
TAX LEVY ~l ~IS!~!£!~~~!
TOWNSHIP DISORGANIZED AND NO ~§~.!! n!Il!Q
! 1Ev!~ Notwithstanai~g-the limitation ot
dollar rates contained in RCW 52.16.130,
and in addition to any levy for the
payment of the principal and interest of
any outstanding general obligation bonds
and levie~ necessary to pay the principal
and interest of any coupon warrants heretofore issued and outstanding and
in
addition to any levy authorized by RCW
52.16.130, 52.16.140 or any other statute,
if in any county where there are one or
more townships in existence making annual
tax levies and such township or townships
are disorganized as a result of a countywide disorganization procedure prescribed
by statute and is no longer making any tax
levy, or any township or townships for any
other reason no longer makes any tax levy,
the board of fire commissioners of any
fire
protection district
within
such
county is hereby authorized to levy each
year an ad valorem tax on all taxable
property within such district of not to
exceed fifty cents per thousand dollars of
assessed value,
which levy may be made
only if it will not cause the combined
levies to exceed the constitutional and/or
statutory limitations.
[1973 1st ~x.s. c
568 ]
POWERS
53.08.080
----,----------------------------------------------------------------------------------195 § 54; 1969 ex.s. c 243 § 2; 1961 c
§ 9. ]
53.08.170
53
53.08.205
53.36.020
53.36.070
Chapter 52.36
MISCELLANEOUS PROVISIONS
£RO~tg!I
QI PU~1!£ 1~!£1
!II~!!
DISilil£I=-CQ!IgACTS FOR
53.36.100
52.36,020
!!£~~Q
§ID!llCEh ~!!~£Ill~ ~!!1! 1.L 1ill.!J Wher:
ever a fire protection district has been
or~anized
which includes within its area
or is adjacent to, buildings and equipment, except those leased to a nontax
exempt person or organization,
owned by
the legislative or administrative authority of a state agency or institution or a
municipal corporation, the agency or institution or municipal corporation involved shall contract with such district for
fire protection services necessary for the
protection and safety of personnel and
property pursuant to the provisions of
chapter 39.34 RCW, as now or hereafter
amended: PROVIDED, That nothing in this
section shall be construed to require that
any state agency, institution, or municipal
corporation contract for services
which are performed by the staff and
equipment of such state agency, institution, or municipal corporation:
PROVIDED
FURTHER, T-hat nothing in this section
shall apply to state agencies or institutions or municipal corporations which are
receiving fire protection services
by
contract from another municipality, city,
town or other entities. [1973 1st ex.s. c
64 § 1; 1941 c 139 § 1; Rem. Supp. 1941 §
5654-143a.)
Employment--Wages--Benefits-Agent~Insurance for port district commissioners.
Liability insurance for offiT
cials and employees.
Tax levy--Limitation.
Levy for dredging, canal construction, or land leveling or
filling purposes.
Levy for industrial development
district purposes--Fund for future use.
fbsE!~I 21~~1
R.2I.1
53,47.040
Q.i2§2lu1i2n 21
Qistrj.~ts~
Ins£11!~
Hearing on petition--Notice,
publication--Creditor claims,
determination--Terms and conditions of court order if district to be dissolved.
cross Reference:
Pollution control--Municipal bonding authority: Chapter 70.95A RCW.
Chapter 53.06
COORDINATION OF ADMINISTRATIVE PROGRAMS
AND OPERATIONS
53.06.040
DUES AND !SS~E.lli~ ~!! BE
f!!Q AS~TIO!f Illill1 Q!~TRJ;CT fUNDS-::
LIMITATION ON AMOUNT. Each port district
whic~-aesignates--the Washington public
ports association as the agen~y through
which the duties imposed by RCW 53.06.020
may pe executed is authorized to pay dues
and/or assessments to said association
from port district funds in any calendar
year in an amount not exceeding a sum
equal to the amount which would be raised
by a levy of one cent per thousand dollars
of assessed value against the taxable
property within the port district. [1973
1st ex.s. c 195 § 55; 1970 ex.s. c 47 § 3;
1961 c 31 § 4.]
Effective date--1973 1§1 ex.2~ c 64:
This ---1973--ainendatory act shall t-ake
effect on July 1, 1974. 11 (1973 1st ex.s.
c 64 § 2.]
11
TITLE 5:3
PORT DISTRICTS
~gE.£.stti1i1Y
Hfi£1iv~ ~tes in£ 1~.Ui=
!!.S1i21! date§r.=COnStf~1i$=J273 121 _tl~§~
£ j25: See notes following RCW 84.52.043.
sections added, amended, or repealed:
~ha£1~ 2J~Q§
CoQX£1ns!i£n 2! !£~~~=
1iE Pr:gg:ra.J!!§ _gnd Opei__gti~~
53.06.040
Dues and assessments may be
paid association from district
funds--Limitation on amount.
£ha£1~ .2J.:.Q.§.
53.08.080
53.08.085
53,08.160
Chapter 53.08
POWERS
53.08.080
LEAS~
OF
PROPERTY--AUTHOA district-may-lease-all
RIZED--DURATION.
lands, wharves, docks and real and personal property owned and controlled by it,
upon such terms as the port comaission
deems proper:
PROVIDED, That no lease
shall be for a period longer than fifty
years, except where the property involved
is or is to be devoted to airport purposes
the port commission may lease said property for such period as may equal the
~I§~
Lease of property--Authorized-Duration.
Lease of property--Security for
rent.
Studies, investigations, surveys--Promotion of facilities.
1973 RCW SUPP.
r
s69
J
53.08.080
PORT DISTRICTS
-----------------------------------------------------------------estimated useful life of such work or
facilities, but not to exceed seventy-five
years: PROVIDED FURTHER, That where the
property is held by the district under
lease from the United States government or
the state of Washington, or any agency or
department thereof, the port commission
may sublease ~aid property, with option
for extensions, up to the total term and
extensions
thereof
permitted by such
lease, but in any event not to exceed
ninety years. [ 1973 c 87 § 1; 1961 ex.s.
c 8 § 1; 1959 c 157 § 1; 1955 c 65 § 9.
Prior:
1953 c 2q3 § 1; 19q3 c 166 § 2,
part; 1921 c 183 § 1, part; 1917 c 125 §
1, part; 1913 c 62 § 4, part; 1911 c 92 §
q, part; Rem. Supp. 1943 § 9692, part.]
53.08.085
LEASE OF PROPERTY--SECURITY
FOR RENT.
Every lease--of- alr--iandS;
;harve;;-- docks and real and personal
property of a port district for a term of
more than one year shall have the rent
secured by rental insurance,
bond, or
other security satisfactory to the port
commission, in an amount equal to onesixth the total rent, but in no case shall
such security be less than an amount equal
to one year's rent or more than an amount
equal to three years• rent. such security
shall be for the term of the lease:
PROVIDED, That nothing in this section
shall prevent the port commission from
requiring additional security on leases or
provisions thereof, or on other agreements
to use port facilities:
PROVIDED FURTHER,
That any security agreement may provide
for termination on the anniversary date of
such agreement on not less than one year's
written notice to the port if said lease
is not in default at the time of said
notice:
PROVIDED FURTHER, That if the
security as required herein is not maintained throughout the full term of the
lease, said lease shall be considered in
default. [ 1973 c 87 § 2. ]
53.08.160
STUDIESL
~QRVEYS=-PRO~OTIOE
~f
~!lQ!!!Q~L
fACILITI~~
All
port districts organized under the provisions of this act shall be, and they are
hereby, authorized and empowered to initiate and carry on the necessary studies,
investigations and surveys required for
the proper development, improvement and
utilization of all port properties, utilities and facilities, and for industrial
development within the district when such
agricultural and industrial development is
carried out by a public agency, institution, or body for a public purpose, and to
assemble and analyze the data thus obtained and to cooperate with the state of
washington, other port districts and other
operators of terminal and transportation
facilities for these purposes, and to make
such expenditures as are necessary for
said purposes, and for the proper promotion, advertising, improvement and development of such port properties, utilities
[ 570
and facilities:
PROVIDED HOWEVER, That
nothing in this section shall authorize a
port district to develop its properties as
an agricultural or dairy farm. ( 1973 1st
ex.s. c 55§ 1; 1947 c 24 § 2; Rem. supp.
1947 § 9692A.)
53.08.170
~PLOIMENT--WA2~S-=~H!=
FITS--AGENT~INSURA!£!
COMMISSIONER~~
IQ] fQgi
QI~I]I£T
The port commission shall
have authority to create and fill positions, to fix wages, salaries and bonds
thereof, to pay costs and assessments
involved in securing or arranging
to
secure employees, and to establish such
benefits for employees, including holiday
pay, vacations or vacation pay, retirement
and pension benefits, medical, surgical or
hospital care, life, accident, or health
disability insurance, and similar benefits, already established by other employers of similar employees, as the port
commissioner shall by resolution provide:
PROVIDED, That any district
providing
insurance benefits for its employees in
any manner whatsoever may provide business
related travel, liability, health, errors
and omissions and accident insurance, for
its commissioners, which insurance shall
not be considered to be compensation.
The port commission shall have authority
to provide or pay such benefits directly,
or to provide for such benefits by the
purchase of insurance policies or entering
into contracts with and compensating any
person, firm, agency or organization furnishing such benefits, or by making contributions to vacation plans or funds, or
health and welfare plans and funds, or
pension plans or funds, or similar plans
or funds,
already established by other
employers of similar employees and in
which the port district is permitted to
participate for particular classifications
of its employees by the trustees or other
persons r~sponsible for the administration
of such established plans or funds: PROVIDED FURTHER, That no port
district
employee shall be allowed to apply for
admission to or be accepted as a member of
the state employees' retirement system
after January 1, 1965 if admission to such
system would result in coverage under both
a private pension system and the state
employees• retirement system, it being the
purpose of this proviso that port districts shall not at the same time contribute for any employee to both a private
pension or retirement plan and to the
state employees• retirement system.
The
port commission shall have authority by
resolution to utilize
and
compensate
agents for the purpose of paying, in the
name and by the check of such agent or
agents or otherwise, wages, salaries and
other benefits to employees, or particular
classifications thereof, and for the purpose of withholding payroll taxes and
paying over tax moneys so withheld to
appropriate government agencies, on
a
combined basis with the wages, salaries,
1
FINANCES
53.36.100
--------------------------------------------------------------------------------------benefits, or taxes of other employers or
otherwise; to enter into such contracts
and arrangements with and to transfer by
warrant such funds from time to time to
any such agent or agents so appointed as
are necessary to accomplish such salary,
wage, benefit, or tax payments as though
the port district were a private employer,
notwithstanding any other provision of the
law to the contrary. The funds of a port
district transferred to such an agent or
agents for the payment of wages or salaries of its employees in the name or by
the check of such agent or agents shall be
subject to garnishment with respect to
salaries or wages so paid, notwithstanding
any provision of the law relating to
munic~pal
corporations to the contrary.
(1973 1st ex.s. c 6 § 1; 1965 c 20 § 1;
1955 c 64 § , • ]
53.08.205
LIA~TY INSURA~~~ lQR
OFFICIA~
AND EMPLOYEES.
The board
commissioners o~ea~port district may
purchase liability insurance with such
limits as they may deem reasonable for the
purpose of protecting their officials and
employees against liability for personal
or bodily injuries and property damage
arising from their acts or omissions while
performing or in good faith purporting to
perform their official duties.
(1973 c
125 § 4. ]
-of
53.)6.070
1~11
f2~~!1IT1Q~L
QJ1
X2] ]]]]gl!QL
1!@ b~!ELllQ Q!l
£A~!1
I.llbl~Q
PU!lgQ§~
Any port district organized
under the laws of this state shall, in
addition to the powers otherwise provided
by law, have the power to raise revenue by
the levy and collection of an annual tax
on all taxable property within such port
district of not to exceed forty-five cents
per thousand dollars cf assessed value
against the assessed valuation of the
taxable property in such port district,
for dredging, canal construction, or land
leveling or filling purposes, the proceeds
of any such levy to be used exclusively
for such dredging, canal construction, or
land leveling and filling purposes:
PROVIDED,
That no such levy for dredging,
canal construction, or land leveling or
filling purposes under the provisions of
RCW 53.36.070 and 53.36.080 shall be made
unless and until the question of authorizing the making of such additional levy
shall have been submitted to a vote of the
electors of the district in the manner
provided by law for the submission of the
guestion of making additional levies in
school districts of the first class at an
election held under the provisions of RCW
29.13.030 and shall have been authorized
by a majority of th~ electors voting
thereon. (1973 1st ex.s. c 195 §57; 1965
ex.s. c 22 § 1; 1925 c 29 § 1; RRS § 9692•
1. ]
Chapter 53.36
FI.NANCES
53.36.100
53.36.020
1!!
&EV~1IMJIATION~
A
district may raise revenue by levy of an
annual tax not to exceed forty-five cents
per thousand dollars of assessed value
against the assessed valuation of the
taxable property in such port district for
general port purposes, including the establishment of a capital improvement fund
for future capital improvements, except
that any levy for the payment of the
principal and interest of the general
bonded indebtedness of the port uistrict
shall be in.excess of •ny levy made by the
port district under the forty-five cents
per thousand dollars of assessed value
limitation.
The levy shall be made and
taxes collected in the manner provided for
the levy and collection of taxes in school
districts of the first class.
( 1973 1st
ex.s. c 195 §56; 1955 c 65 § 11. Prior:
1951 c 133 § 1; 1943 c 166 § 2, part; 1921
c 183 § 1, part; 1917 c 125 § 1, part;
1913 c 62 § 4, part; 1911 c 92 § 4, part;
Rem. Supp. 1943 § 9692, part.]
~rabili1Y=-Eff~ti~ ~te§ g_g~ 1~.::
D.S!io.n datg§-;-Constilctio.n-121J jst ~~~
£ 1951 See notes following RCW 84.52.043.
1973 RCW SUPP.
( 571
H~~I QISTRI~I
LEVY fOR INDUSTRIAL QEVELOP=
PURPOSES--FUND FOR FUTURE
us~~
A port -district~having-adopteda
comprehensive scheme of harbor improvements
and industrial developments may
thereafter raise revenue, for six successive years only, in addition to all other
revenues now authorized by law,
by a~
annual levy not to ~exceed forty-five cents
per thousand dollars of assessed value
against the assessed valuation of the
taxable property in such port district.
Said levy shall be used exclusively for
the exercise of the powers granted to port
districts under chapter 53.25 except as
provided in RCW 53.36.110.
The levy of
such taxes is herein authorized notwithstanding the provisions of RCW 84.52.050
arid 84.52.043. The r~venues derived from
levies made under RCW 53.36.100 and 53.36.110 not expended in the year in which the
levies ar.e· made may be paid into a fund
for future use in carrying out the powers
granted under chapter 53.25, which fund
may be accumulated and carried over from
year to year, with the right to co~tinue
to levy the taxe~ provided for in RCW
53.36.100 and 53.36.110 for the purposes
herein authorized. (1973 1st ex.s. c 195
§ 58; 1957 c 265 § 1.]
]
53.36.100
PORT DISTBICTS
--------------------------------------------------------------------------------------~~~£gbility~Effec!iyg ~!~ ~ iermi~.:.:2..:..
.ns!i2.!! da tes-~on§.t~£llin=1973 1st
£ 195,i.
See notes following RCW 84.52.043.
Chapter 53.4 7
DISSOLUTION OF INACTIVE PORT DISTRICTS
53.47.040
HEARING Q! fETIIlQ!==liQTICEL
gUB1J~!IlQ!==~RED1!QR
CLAIMS, Q~~R&!!AÂ
!lQN-::IllMS !!Q CON~ITIO~ Q! ~J!!I .Ql!ill
!~ ]] Q12~1!!Q.:..
The s~perior
court, upon the filing of such petition,
shall set such petition for hearing not
less than one hundred twenty days and not
more than one hundred eighty ~ays after
the date of filing said petition.
Further, the court shall order the clerk of
said court to give notice of the time and
place fixed for the hearing by publication
of
notice in a newspaper of general
circulation within such district, such
publication to be once each week for three
consecutive weeks, the date of
first
publication to be not less than thirty nor
more than seventy days prior to the date
fixed for the hearing upon such petition.
Said notice shall further provide that all
creditors
of said district,
including
holders of revenue or general obligation
bonds issued by said district, if any,
shall present their claims to the clerk of
said court within ninety days from the
date of first publication of said notice,
and that upon failure to do so all such
claims will be forever barred. The clerk
shall also mail a copy by ordinary mail of
such notice to all creditors of said
district, including holders of revenue or
general obligation bonds issued by said
district, if any, such mailing to be
mailed not later than thirty days after
the hearing date has been set.
No other
or further notices shall be required at
any stage of the proceedings for dissolution of an inactive port district pursuant
to this chapter.
The clerk, ten days prior to the date
set for the hearing, shall deliver to the
court the following:
(1)
A list of the liabilities of the
port district in detail with the names and
addresses of creditors as then known; and
(2)
A list of the assets of the port
district in detail as then known.
The court upon hearing the
petition
shall fix and determine all such claims
subject to proof being properly filed as
provided in this section; shall fix and
determine the financial condition of the
district as to its assets and liabilities,
and if it finds the port district to be
inactive in respect of any standard of
inactivity set forth by this chapt9r,
shall
order the port district to be
dissolved upon the following terms and
conditions:
(1)
If there be no outstanding debts,
or if the debts be less than the existing
assets, the court shall appoint the auditor of the county in which the port
!! DISTRICT
district is located to be trustee of the
port's
assets and shall empower such
person to wind up and liquidate
the
affairs of such district in such manner as
the court shall provide and to file his
accounting with the court within ninety
days from the date of his appointment.
Upon the filing of such account, the court
shall fix a date for hearing upon the same
and upon approval thereof, if such accounting b~ the final accounting, shall
enter its order approving the same and
declar·ing the port district dissolved.
At the request of the trustee the county
sheriff may sell, at public auction, all
real and personal property of the port
district. The county sheriff shall cause
a notice of such sale fixing the time and
place thereof which shall be at a suitable
place,
which will be noted in the advertisement for sale.
such notice shall
contain a descr~ption of the property to
be sold and shall be signed by the sheriff
or his deputy.
Such notice shall be
published at least once in an official
newspaper in said county at least ten days
prior to the date fixed for said sale.
The sheriff or his deputy shall conduct
said sale and sell the property described
in the notice at public auction to the
highest and best bidder for cash, and upon
payment of the amount of such bid shall
deliver the said property to such bidder.
The moneys arising from such sale shall be
turned over to the county auditor acting
as trustee:
PROVIDED, HOWEVER, That the
sheriff shall first deduct the costs and
expenses of the sale from the moneys and
shall apply such moneys to pay said costs
and expenses.
The court order shall provide that the
assets remaining in the hands of the
trustee shall be transferred to any school
district, districts, or portions of districts, lying within the dissolved port
district
boundaries.
The transfer of
assets shall be prorated to the districts
based on the assessed valuation of said
districts.
(2)
If the debts exceed the assets of
the port district, then the court shall
appoint the auditor of the county in which
a port district is located to be trustee
of the port's assets for the purpose of
conserving the same and of paying liability of the port district as funds become
available therefor. The trustee shall be
empowered to generally manage, wind up,
and liquidate the affairs of such district
in such manner as the court shall provide
and to file his accounting with the court
within ninety days from the date of his
appointment and as often thereafter as the
court shall provide. The board of county
commissioners, acting as pro tempore port
disc.rict commissioners under the authority
of RCW 53.36.020 shall levy an annual tax
not exceeding forty-five cents per thousand dollars of assessed value or such
lesser amount as may previously have been
voted by the taxpayers within said district,
together with an amount deemed
[ 572 ]
54.16.095
POWERS
--------------------------------------------------------------------------------------necessary for payment of the costs and
expenses attendant upon the dissolution of
said district, upon all the taxable property within said district, the amount of
such levy to be determined from time to
time by the court.
When, as shown by the
final accounting of the trustee, all of
the indebtedness of the district shall
have been satisfied, the cost and expense
of the proceeding paid or provided for,
and the affairs of the district wound up,
the
court shall declare the district
dissolved: PROVIDED, That if the indebtedness be composed in whole or in part of
bonded debt for which a regular program of
retirement has been provided, then the
board of county commissioners shall be
directed by the court to continue to make
such annual levies as are required for the
purpose of debt service upon said bonded
debt. ( 1973 1st ex.s. c 195 § 59;
1971
ex.s. c 162 § 4.]
~~~~~ility--Effec~i~ ~!g2 ~ng ~i=
.n.llio.n _g_g tes _ _£Qnstil£!J&.n==lill 1.§! ex. s.:.
£ 122~ See notes following RCW 84.52.043.
TITLE 54
PUBLIC UTILITY DISTRICTS
Sections added, amended, or repealed:
CME!~
54. 1.§.
5ij.16.080
54.16.095
~~.:.
Levy and collection of taxes-Tax anticipation warrants.
Liability insurance for officials and employees.
chaner 54.36
Li~i:u
Distt~.:.
54.36.010
1.2
oth~£
Taxins
Definitions.
~.JlgE~er ~~!!!t
!!!£lea~.&. !lli!'!~l Power
£ilitie~~2iQ1 Q~J.opm~n!.:.
54.44.010
54.44.020
54.44.030
Ls=
Declaration of pu~lic purpose.
Authority to participate in and
enter into agreements for operation of common facilities-Percentage of ownership--Expenses--Taxes.
Liability of city, joint operating agency or public utility
district~Extent--Limitations.
54.44.040
54.44~050
54.44.060
54.44.901
Authority to provide money
and;or property, issue revenue
bonds--Declaration of public
purpose.
Depositories--Disbursement of
funds.
Agreements to conform to applicable laws.
Severability-1973 1st ex.s. c
7.
Cross Reference:
1973 RCW SUPP.
water districts, disposition of property
to public utility district: Chapter 57.42
RCW.
Chapter 54.16
POWERS
AND C01kEC:J:IQ! QI !!~=
HlJiRAlfi,h A district
may raise revenue by the levy of an annual
tax on all taxable property within the
district, not exceeding forty-five cents
per thousand dollars of assessed value in
any one year, exclusive of interest and
redemption for general obligation bonds.
The commission shall prepare a proposed
budget of the
contemplated
financial
transactions for the ensuing year and file
it in its records, on or before the {irs~
Monday in September.
Notice of the filing
of the proposed budget and the date and
place of hear1ng thereon shall be published for at least two consecutive weeks
in a newspaper printed and of general
circulation in the county. On the first
Monday in october, the commission shall
hold a public hearing on the proposed
budget at which any taxpayer may appear
and be heard against the whole or any part
thereof.
Upon the conclusion of the
hearing, the commission shall, by resolution, adopt the budget as fin~lly determined,
and fix the final
amount
of
expenditures for the ensuing year. Taxes
levied by the commission shall be certified
to and collected by the proper
officer of the county in which the district is located in the same manner as
provided for the certification and collection of port district taxes. The commission may, prior to the receipt of taxes
raised by levy, borrow money or issue
warrants of the district in anticipation
of the revenue to be derived from the levy
or taxes for district purposes,
and the
warrants shall be redeemed from the first
money available from such taxes.
The
warrants shall not exceed the anticipated
revenue of one year, and shall
bear
interest at a rate of not to exceed six
percent per annum. [1973 1st ex.s. c 195
§ 60; 1955 c 390 § 9.
Prior:
1945 c 143
§ 1 (g); 1931 c 1 § 6 (g); Rem. Supp.
1945
§ 11 61 0 (g) • J
54.16.080
kEVY
M.==I!~ ANTI~JPA!.!Q!
~~~~~.Qility-;=:.J;;!.fe£!iY~
Mll21!
£ ~
date§. and termi=
!l~::::£2~ tr !!£t i Q!l::-..12ll l§.i ~§..:.
See notes following RCW 84.52.043.
54.16.095
Qf=
of
commissioners of-each public utility district may purchase liability insurance
with such limits as they may deem reasonable for the purpose of protecting their
officials and employees against liability
for personal or bodily injuries and property damage arising from their acts or
omissions while performing or in good
ngAL.§
( 573 ]
LIABILITY INSURANCE FOR
ANQ EHPLorns:-~e--board
54.16.095
PUBLIC UTILITY DISTRICTS
-----------------
-----------------------------------
faith purporting to perform their official
duties.
( 1973 c 125 § 5.]
sections
through 6 of this 1973 amendatory act is a public necessity to meet the
power requirements of the public utility
districts, cities,
joint operating agencies and regulated utilities referred to
in sections 1 through 6 of this 1973
amendatory act and the inhabitants of this
state;
further that such public utility
districts, cities, joint operating agencies and regulated utilities are ready,
willing and able to undertake such planning, financing, acquisition and construction of said electric generating
and
transmission facilities immediately upon
the passage of sections 1 through 6 of
this
1973 amendatory act.
This 1973
amendatory 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 immediately." (1973 1st ex.s. c 7 § 7.] This
applies to the amendments to RCW 54.44.010-54.44.060 by 1973 1st ex.s. c 7.
Chapter 54.36
LIABILITY TO OTHER TAXING DISTRICTS
-----....--
54.36.010
DEFINITIONS.
As used
in
this chapter:
"Public utility district" means public
utility district or districts or a joint
operating agency or agencies.
"Construction project" means the con•
struction of hydroelectric generating facilities by a public utility district.
It
includes the relocation of highways and
railroads. by whomever done, to the extent
that it is occasioned by the overflowing
of their former locations, or by destruction
or
burying
incident
to
the
construction.
"Base-year enrollment" means the number
of pupils enrolled in a school district on
the first of May next preceding the date
construction was commenced.
"Subsequent-year enrollment" means the
number of pupils enrolled in a school
district on any first of May after construction was commenced.
"Construction pupils" means pupils who
have a parent who is a full-time employee
on the construction project and who moved
into the school district subsequent to the
first day of May next
preceding the day
the construction was commenced.
"Nonconstruction pupils" means other pupils.
(1973 1st ex.s. c 154 § 99; 1957 c
137 § 1. ]
~~era~.Hity
1ill }st ~h§~ £ 154l_
note following RCW 2.12.030.
54.4 4. 020
AU!Jl.QBlli IQ f.ARliCI.f!!] IN
AND ENT!£ INTO AGREEMENTS FOR OPERATION OF
COMM$!- FACI!;'.ITIES- PERCENTAGE -Qf--QWNER:
SHif=gPENS~~==!!Y~
In addition to the
powers heretofore conferred upon cities of
the first class, public utility districts
organized under chapter 54.0 B RCW, and
joint operating agencies organized under
chapter 43.52 RCW,
any such cities and
public utility districts which operate
electric generating facilities or distribution systems and any joint operating
agency shall have power and authority to
participate and enter into agreements with
each other and with electrical compani&s
which are subject to the jurisdiction of
the Washington utilities and transportation commission or the public utility
commissioner of Oregon, hereinafter called
"regulated utilities". for the undivided
ownership of nuclear and other thermal
power generating plants and facilities,
and transmission facilities including, but
not limited to, related transmission facilities, hereinafter called "common facilities",
and
for
the
planning,
financing, acquisition, construction, operation and maintenance thereof.
It shall
be provided in such agreements that each
city,
public utility district, or joint
operating agency shall own a percentage of
any common facility equal to the percentage of the money furnished or the value of
property supplied by it for the acquisition and construction thereof and shall
own and control a like percentage of the
electrical output thereof.
Each participant shall defray its own
interest and other payments required to be
made or deposited in connection with any
financing undertaken by it to pay its
percentage of the money furnished or value
of property supplied by it for the planning,
acquisition and construction of any
common facility, or any additions
or
betterments thereto. The agreement shall
See
Chapter 54.44
NUCLEAR, THERMAL POWER FACTLITIES--JOINT
DEVELOPMENT
54.44.010
DE~1}R!TIQ!
OF PO]~ gyB=
POSE.
It is declared to be in the public
Interest and for a
public purpose that
cities of the first class, public utility
districts,
joint operating agencies organized under chapter 43.52 RCW,
and regulated electrical companies be permitted to
participate together in the development of
nuclear and other thermal power facilities
and transmission facilities as hereinafter
provided as one means of achieving economies of scale and thereby promoting the
economic development of the state and its
natural resources to meet the future power
needs of the state and all its inhabitants.
[1973 1st ex.s. c 7 § 1; 1967 c 159
§ 1.)
bgsislat_ll~ _findi.llil.L g!!!ergen£.Y=-J2.11 ~!
ex.s. c 7: "The legislature finds that the
Immediate-planning, financing, acquisition
and construction of electric generating
and transmission facilities as provided in
(
574
J
'I'ITLE 56
DIGEST OF TITLE
--------------------------------------------------------------------------------------provide a uniform method of determining
and allocating operation and maintenance
expenses of the common facility.
Each city,
public
utility district,
joint operating agency and regulated utility participating in the ownership or
operation of a common facility shall pay
all taxes chargeable to its share of the
common facility and the electric energy
generated thereby under applicable statutes as now or hereafter in effect. [1973
1st ex. s. c 7 § 2 ; 1 9 6 7 c 1 59 § 2. )
54.44.030
LIA§ILIIJ Q1 CI!X~ ~! 2R=
,AGEN£;X .QB R!!lll!lf !!!.UITY J2IS.:
!Bl~==~TENT--L!MIT,AIION~
In carrying
out the powers granted in this chapter,
each such city, public utility district,
or joint operating agency shall be severally liable only for its own acts and not
jointly or severally liable for the acts,
pmissions or obligations of others.
No
money or property supplied by any such
city, public utility district,
or joint
operating agency for the planning, financing, acquisition, construction, operation
or maintenance of any common facility
shall be credited or otherwise applied to
the
account of any other participant
therein, nor shall the undivided share of
any city, public utility district, or
joint operating agency in any
common
facility be charged, directly~or indirectly, with any debt or obligation of any
other participant or be subject to any
lien as a result thereof.
No action in
connection with a common facility shall be
binding upon any public utility district,
city, or joint operating agency unless
authorized or approved by resolution or
ordinance of its governing body. (1973
1st ex.s. c 7 § 3; 1967 c 159 § 3.]
,glllllill
54.44.040
AUT!!.QlU!! !.Q R.!!Q!ill MONE!
A!QL.Q] £ROllRTYL IS§UE REYii!H!.£; BONDS-
U~illlilON
.9!
R.Y.BLI~ R.Y£RQ§~..:.
54.44.050
DEPOSITORIES--DISBURSEMENT
All-moneySbelongingto cities,
public utility districts, and joint operating agencies in connection with common
facilities shall be deposited in such
depositories as qualify for the deposit of
public funds and shall be accounted for
and disbursed in accordance with applicable law. ( 1973 1st ex.s. c 7 § 5; 1967 c
159§5.]
.Qf .EQ!DS..:.
IQ CO!XQB~ TO !g=
Any agreement with respect
to work to be done or material furnished
by any such city, public utility district,
or joint operating agency in connection
with the construction,
maintanance and
operation of the common facilities, and
any
additions and betterments thereto
shall be in conformity, as near as may be,
with applicable laws now or hereafter in
effect relating to public utility districts or cities of the first class.
(1973 1st ex.s. c 7 § 6; 1967 c 159 § 6.)
AG~ENTS
54.44.060
PL!£!~LE ~§..:.
54.44.901
§~JE]!BILITY==1211 1§! ~
£ 1..:.
If any provision of this 1973
amendatory 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. ( 1973 1st
ex.s. c 7 § 8.]
TITLE 56
SEWER DISTRICTS
sections added, amended, or repealed:
Anysuc'h
city, public utility district, or joint
operating agency participating in common
facilities und~r this chapter, without an
election, may furnish money and provide
property, both real and personal; issue
and sell revenue bonds pledging revenues
of its electric system and its interest or
share of the revenues derived from the
common facilities and any additions and
betterments thereto in order to pay its
respective sha~e of the ~osts of the
planning, financing, acquisition and construction thereof. Such bonds shall be
issued under the provisions of applicable
laws authorizing the issuance of revenue
bonds for the acquisition and construction
of electric public utility properties by
cities, public utility districts, or joint
operating agencies as the case may be.
All moneys paid or property supplied by
any such city, public utility district, or
joint operating agency for the purpose of
carrying out the powers conferred herein
1973 RCW SUPP.
are declared to be for a public purpose.
(1973 1st ex.s. c 7 § 4; 1967 c 159 § 4.]
56.04.050
Election--Time--Notice--Ballots--Excess tax levy.
56.08.100
56.08.110
Health care, group and life
insurance contracts for employees' benefit~oint action with
water district.
Liability insurance for officials and employees.
Association of district commissioners--Purpose--Expenses-Personnel--Limitation on district's contribution--Audit by
state division of municipal
corporations.
56.16.010
56.16.030
General indebtedness.
Additions and betterments.
56.08.105
[ 575 ]
TITLE 56
SEWER DISTRICTS
--------------------------------------------------------------------------------------56.16.040
56.16.115
56.16.160
General bond~Issuance, form,
etc.
Refunding bonds.
Maintenance or gene+al fund and
special funds--Deposits and
investments.
Chapter 56. 04
FORMATION AND DISSOLUTION
56. 04. 0 50
t;LECTIQN--TI~.@!ICE-J!k
LOTS--EXCESS !A! 1]!~ Upon entry of the
findings--of the final hearing on the
petition, if the commissioners find the
proposed sewer system will be conducive to
the public health,
welfare,
and convenience and be of special benefit to the
land within the boundaries of the said
proposed or reorganized district,
they
shall by resolution call a special election to be held not less than thirty days
and not more than sixty days from the date
thereof, and shall cause to be published a
notice of such election at least once a
week for four successive weeks in
a
newspaper of general circulation in the
county, setting forth the hours during
which the polls will be open, the boundaries of the proposed or reorganized district as finally adopted, and the object
of the election, and the notice shall also
be posted for
ten days in ten public
places in the proposed or reorganized
district.
The propositioB shall be expressed on the ballots in the following
terms:
sewer District •••••••••.••••••••• YES o
sewer District ••••••••••••••••••• NO o
or in the reorganization of a
district,
the proposition shall be expressed on the
ballot in the following terms:
sewer District Reorganization •••• YES o
sewer District Reorganization •••• NO o
giving in each instance the name of the
district as decided by the board.
At the same election the county commissioners shall submit a proposition to the
voters,
for their approval or rejection,
authorizing the sewer district, if formed,
to levy at the earliast time permitted by
law on all property located in the district a general tax for one year, ip
excess of the tax limitations provided by
law, of not to exceed one dollar and
twenty-five cents per thousand dollars of
assessed value,
for
general preliminary
expenses of the district, said proposition
to be expressed on the ballots in the
following terms:
one year
one
dollar and
twenty-five
cents
per
thousand dollars of assessed value tax ••••••••••••••• YES
On8 year
one
dollar and
twenty-five
cents
per
thousand dollars of assessed value tax •••••••••.••••• NO
o
such proposition to be effective must be
approved by a majority of at least threefifths of the electors thereof voting on
the proposition in the manner set forth in
Article VII, section 2 (a) of the Constitution of this state,
as amended
by
Amendment 59 and as thereafter amended.
[1973 1st ex.s. c 195 § 61; 1953 c 250 §
1;
1945 c
140 § 4; 1941 c 210 § 4; Rem.
Supp. 1945 § 9425-13.)
Chapter 56.08
POWERS--COMPREHENSIVE PLAN
n.nn £A!!!L Q!!QJlg !l!Q 11.n
£Q!i!Mill lQ] EMPLOYEES' ru;u.:
U:L J.Qilf! A~:ll.Qli .Hll!! _HATE!! .QI~!!!!ll:. A
s6. o8. 1oo
J!i~QM~~
sewer district, by a majority vote of its
board of commissioners,
may enter into
contracts to provide health care services
and/or group insurance and/or term life
insurance, for the benefit of its employees and may pay all or any part of the
cost thereof:
PROVIDED, That ~erm life
insurance shall be limited to a five
thousand dollar coverage or ten thousand
dollars for double indemnity benefits. Any
two or more sever districts or one or more
sewer districts and one or more water
districts, by a majority vote of their
respective boards of commissioners, may,
if deemed expedient, join in the procuring
of such health care services and/or group
insurance and/or term life insurance, and
the board of commissioners of each participatin-g sever and/or water district may by
appropriate
resolution authorize their
respective district to pay all or any
portion of the cost thereof.
(1973 c 24 9
1; 1961 c 261 § 1.]
56 • 0 8 • 1 0 5
1!ll IL IT! .!.Nillll~~ !.Ql! Q!:.:
FICIALS AND EMPLQ!EES~
The board
of
commissioners of each sewer district may
purchase liability insurance with such
limits as they may deem reasonable for the
purpose of protecting their officials and
employees against liability for personal
or bodily injuries and
property damage
arising from their acts or omissions while
performing or in good faith purporting to
perform their
official duties.
(1973 c
125 § 6. ]
56.08.110
ASSOCIATIOJ! Q! ~.!§.!!!£! £211=
MISSIONERS--PURPOSE--EXPENSES--PERSONN~k==
LIMITATIWONDISTRICTts--CONTRIBUTIO!:=
A!(DII
o
.U ~IATE-DIVISJ;ON
CORPORATIONS~
and
[ 576
)
OF--~.YNI£!.tl1
To improve the organization
operation of sewer districts, the
FINANCES
56.16.040
--------------------------------------------------------------------------------------commissioners of two or more such districts may form an association thereof~
for the purpose of securing and disseminating information of value to the members
of the association and for the purpose of
promoting the more economical and efficient operation of the comprehensive plans
of
sewer systems in their respective
districts.
The commissioners of sewer
districts so associated shall adopt articles of association, select such officers
as they may determine, and employ and
discharge such agents and employees as
shall be deemed convenient to carry out
the purposes of the association.
sewer
district commissioners and their employees
are authorized to attend meetings of the
association.
The expense of the association may be paid from the maintenance or
general funds of the associated districts
in such manner as shall be provided in the
articles of association: PROVIDED, That
the aggregate contributions made to the
association by the district in any calendar year shall not exceed the amount which
would be raised by a levy of two and onehal£ cents per thousand dollars of assessed value against th8 taxable property
of the district. The financial records of
such association shall be subject to audit
by the washington state division of municipal corporations of the state auditor.
[1973 1st ex.s. c 195 § 62; 1970 ex.s.
c
47 § 4; 1961 c 267 § 1.]
~~~£abili1Y
natiQD
£
195~
~£!g£1ive g~1g§
snd 1ermi=
~tes---Construction--122l
1§1
~§~
See notes following RCW 84.52.043.
~~~£gQ!li1Y==]!fe£!i!g g~te~ ~ng 1~!i~
Ds!l:Qll £.a!~§=£2.D§YJ!ill.QI!::-121J. 1g gz.:.§.:.
£ 195; See notes following RCW 84.52.043.
56.16.030
AQDI!JQN~
~EQ
]~IIER~]El~~
In the same manner as herein provided for
the adoption of the general comprehensive
plan, and after the adoption of
the
general comprehensive plan, a plan providing for additions and betterments to the
general comprehensive plan, or reorganiZ€d
district may be adopted. Without limiting
its generality "additions and betterments"
shall include any necessary change in,
amendment of,
or addition to the comprehensive plan.
The sewer district may
incur a general indebtedness payable from
annual tax levies to be made in excess of
the constitutional and/or statutory tax
limitations for the construction of the
additions and betterments in the same way
the general indebtedness may be incurred
for the construction of the general comprehensive plan.
Upon ratification by the
voters of the entire district, of the
proposition to incur such indebtedness,
the
additions and betterments may be
carried out by the sewer commissioners to
the extent specified in the proposition to
incur such general indebtedness.
The
sewer district may issue revenue bonds to
pay for the construction of the additions
and betterments by resolution of the board
of sewer commissioners without submitting
a proposition therefor to the voters.
( 1973 1st ex.s. c 195 § 64; 1959 c
103 §
6;
1953 c 250 § 12; 1951 2nd ex.s. c 26 §
2; 1951 c 129 § 3; 1945 c 140 § 11; 1941 c
210 § 17; Rem. Supp. 1945 § 9425-26.]
Chapter 56. 16
FINANCES
~~~~.Qi.H!Y=Effect.ll~
naiiQll
£ 125:
56.16.010
GENERAL l]DEB~Q]~SS.
The
sewer commiss~~~ may submit at any
general or special electian, a proposition
that said sewer district incur a general
indebtedness payablB from annual ta~ levies to be made in excess of the constitutional and/or statutory tax limitations
for the construction of a'ny part or all of
the comprehensive plan for the district.
If such general indebtedness is to be
incurred, the amount of such indebtedness
and the terms thereof shall be included in
the proposition submitted to the qualified
voters as aforesaid, and such proposition~
to be effective, shall be adopted and
assented to by three-fifths of the qualified voters of the said sewer district
voting on said proposition at said election in the manner set forth in Article
VII, section 2 (a) of the Constitution of
this state, as amended by Amendment 59 and
as thereafter amended. [1973 1st ex.s. c
195 § 63; 1953 c 250 § 10; 1951 2nd ex.s.
c 26 § 1; 1941 c 210 § 14; Rem. Supp. 1941
§ 9425-23. ]
197 3 RCW SUPP.
gs te§ s!!Q .!§.f!i=
dat~2.=-Co.D§tr.!!£.ti:Qn=1211 1§1 ~-!.§~
See notes following RCW 84.52.043.
56.16.040
Q!]ER!1
~Q]]S-=I~QAN~~L
ETC. Whenever any such sewer district shall hereafter adopt a plan for a
sewer system as herein provided, or any
additions
and betterments thereto, or
whenever any reorganized sewer district
shall hereafter adopt a plan for any
additions or betterments thereto, and the
qualified voters of any such sewer district or reorganized sewer district shall
hereafter authorize a general indebtedness
for all the said plan, or any
part
thereof, or any additions and b€tterments
thereto or for refunding in whole or in
part bonds theretofore issued, general
obligation bonds for the payment thereof
may be issued as hereinafter provided.
The bonds shall be serial in form and
maturity and numbered from one up consecutively. The bonds shall bear interest at
such rate or rates as authorized by the
board of sewer commissioners,
payable
semiannually from date of said bonds until
principal thereof is paid, with interest
1Q]~L
[ 577 ]
56.16.0~0
SEWER DISTRICTS
--------------------------------------------------------------------------------------coupons, evidencing such interest to maturity, attached. The various annual maturities shall commence with the second year
after the date of issue of the bonds, and
shall as nearly as practicable be in such
amounts as will, together with the interest on all outstanding bonds, be met by an
equal annual tax levy for the payment of
said bonds and interest:
PROVIDED, That
only the bond numbered one of any issue
shall be of a denomination other than a
multiple of one hundred dollars.
Such bonds shall never be issued to run
for a longer period than thirty years from
the date of the issue and shall as nearly
as practicable be issued for a period
which will be equivalent to the life of
the improvement to be acquired by the
issue of the bonds.
The bonds shall be signed by the presiding officer of the board of sewer commissioners and shall be attested by the
secretary of such board under the seal of
the
sewer district, and the interest
coupons shall be signed by the facsimile
signature of the presiding officer of the
board of sewer commissioners and shall be
attested by the facsimile signature of the
secretary of such board.
There shall be levied by the officers or
governing body now or hereafter charged by
law with the duty of levying taxes in the
manner provided by law an annual levy in
excess of the constitutional and/or statutory tax limitations sufficient to meet
the
annual or semiannual payments of
principal and interest on the said bonds
maturing
as herein provided upon all
taxable
property
within
such
sewer
district.
Said bonds shall be sold in such manner
as the sewer commissioners shall deem for
the best interest of the sewer district,
and at a price not less than par and
accrued interest. (1973 1st ex.s. c 195 §
65.; 1970 ex.s. c 56 § 80; 1969 ex.s. c 232
§ &5; 1953 c 250 § 13; 1951 2nd ex.s. c 26
§ 3;
1945 c 140 § 12; 1941 c 210 § 18;
Rem. Supp. 1945 § 9425-27.]
2~grability
E!i~!iyg dates ~nQ termi=
nation dates--construction--1973 1st ex.s.
£ 195~ -s~e-notes following RCW 84.52.043:
56.16.115
RElUNQ!]Q ~ONDS~ The board
of sever commissioners may by resolution,
without
submitting the matter to the
voters of the district, authorize the
issuance of refunding gen~ral obligation
bonds to refund any outstanding general
obligation bonds, or any part thereof, at
maturity thereof, or before the maturity
thereof, if they are subject to call for
prior redemption, or if all of the holders
thereof consent thereto. The total cos~
to the district over the life of the
refunding bonds shall not exceed the total
cost, which the dis~rict would have incurred but for such refunding, over the
remainder of the life of the bonds being
refupded. The provisions of RCW 56.16.040
specifying the form and maturities of
general obligation bonds and providing for
annual tax levies in excess of the constitutional and/or statutory tax limitations
shall apply to the refunding
general
obligation bonds issued under this title.
The board of sewer commissioners may by
resolution, without submitting the matter
to the voters of the district, provide for
the issuance of refunding revenue bonds to
refund outstanding
general
obligation
bonds and/or revenue bonds, or any part
thereof, at maturity thereof, or before
maturity thereof, if they are subject to
call for prior redemption, or if all of
the holders thereof consent thereto. The
total cost to the district over the life
of said refunding revenue bonds shall not
exceed the total cost, which the district
would have incurred but for such refunding, over the remainder of the life of the
bonds being refunded. Uncollected assessments originally payable into the revenue
bond fund of a refunded revenue bond issue
shall be paid into the revenue bond fund
of the refunding issue. The provisions of
RCW 56. 16.060 specifying the form and
maturities of revenue bonds shall apply to
the refunding revenue bonds issued under
this title.
Refunding general obligation bonds or
refunding revenue bonds may be exchanged
for the bonds being refunded or may be
sold in such manner as the sewer commissioners shall deem for the best interest
of the sewer district. ( 1973 1st ex.s. c
195 § 66; 1959 c 103 § 12; 1953 c 250 §
16. ]
~g!:gg.QiJ:.Hy_Effe£11.!~
da!gs
~:!14.
termi:.
~~~ion 4.~!§§~~~n~truction==J273 1st ~~
£ 122~ See notes following RCW 84.52.043.
56.16.160
MAIN~!£~
Q~ ~~RA1 lY]Q
AND SPECIAL FUNDS-DEPOSITS AND INVESTMENTS:---wiienever there5hill hive accUniii:
lated-in any general or special fund of a
sewer district moneys, the disbursement of
which is not yet due, the board
of
commissioners may, by resolution, authorize the county treasurer to deposit or
invest such moneys in banks, mutual savings banks, or savings and loan associations in an amount in each institution no
greater than the amount insured by any
department or agency of the United States
government, the federal deposit insurance
corporation, or the federal savings and
loan insurance corporation, or to invest
such moneys in direct obligations of the
United States government: PROVIDED, That
the county treasurer may refuse to invest
any district moneys for a period shorter
than ninety days, or in an amount less
than five thousand dollars, or any moneys
~he disbursement of which will be required
during the period of investment to meet
outstanding obligations of the district.
(1973 1st ex.s. c 140 § 2; 1959 c 103 §
15. 1
[ 578 ]
POWERS
57.08.100
--------------------------------------------------------------------------------------adopted and the object of the election,
and the notice shall also be posted ten
days in ten public places in the proposed
district.
In submitting the proposition
to the voters, it shall be expressed on
the ballots in the following terms:
TITLE 57
WATER DISTRICTS
sections added, amended, or repealed:
~~~t~ 21~Qi
57.04.050
Form~ti2n 3nd Ql§§olutJ.on~
Election--Notice--Ballots~ExÂ
C'3ss
~l!Srt~
2 7. 08
57.08.100
57.08.105
57.08.110
~~apt~
tax levy.
~~~
Health care, group and life
insurance contracts for employees• benefit--Joint action with
sewer district.
Liability insurance for offi•
cials and employees.
Association of commissionersTPurposes--Powers--Expenses--Records audited by state division
of municipal corporations.
57.16 £Qmpr~,hg]!,§j.,Yg Pl,S!!.::::1Q£-Sl
!J!!liQ~J!!~nt )2istr~ct§..!..
57.16.020
57.16.040
Vote on general indebtedness.
Additions and betterments.
57.20.010
General obligation bonds-Form--Issuance, etc:
Refunding general obligation
bonds.
Annual tax levy.
Maintenance or general fund and
special funds--Deposits and
investments.
57.20.015
57.20.100
57.20.160
~.M.P!~ 2~~
Ql2£22i.tion ~ fiopert~ 1Q
fub!i.£ !!1llity Distnch
57.42.010
57.42.020
57.42.030
water District •••••••••••••.••••• YES o
Water District •••••••••••••••••.• NO 0
Authorized.
Disposition must be in public
interest--FilingsIndebtedness.
Hearing--Notice--Decree.
giving the name of the district as may be
decided by the board.
At the same election the county commissioners shall submit a proposition to the
voters, for their approval or rejection,
authorizing the water district, if formed,
to levy at the earliest time permitted by
law on all property located in the district a general tax for one year, in
excess of the limitations provided by law,
of not to exceed one dollar and twentyfive cents per thousand dollars of assessed value, for general
preliminary
expenses of the district, said proposition
to be expressed on the ballots in the
following terms:
one year one
dollar
and
twenty-five
cents
per
thousand dollars of assessed value tax •••••••••••.••• YES o
one year one
dollar
and
twenty-five
cents
per
thousand dollars of assessed value tax ••••••••••••••• NO o
Such proposition to be effective must be
approved by a majority of at least threefifths of the electors thereof voting on
the proposition in the manner set forth in
Article VII, section 2 (a) of the Constitution of this sta~e,
as amended
by
Amendment 59 and as thereafter amended.
(1973 1st ex.s. c 195 § 67; 1953 c 251 §
1;
1931 c 72 § 4; 1929 c 114 § 3; RRS §
11581. Cf. 1927 c 230 § 1; 1915 c 24 § 2;
1913 c 161 § 3. J
Chapter 57.04
FORMATION AND DISSOLUTION
Chapter 57.08
POWERS
57.04.050
ELECTION--NOTICE--BALLOTS-EXCES§
lAX U!Y.
entry
findings of the final hearing on the
petition if the commiss1oners find the
proposed district will be conducive to the
public health, welfare, and convenience
and be of special benefit to the land
therein, they shall by resolution call a
special election to be held not less than
thirty days from the date of the resolution, and cause to be published a notice
of the election for four successive weeks
in a newspaper of general circulation in
the county in which the proposed district
is located, which notice shall state the
hours during which the polls will be open,
the boundaries of the district as finally
--upc;n-
1973 RCW SUPP.
-ot-ue
[ 579
57.08.100
INSUR!~
~ALTH CAR~ GROgf !ND
£Q!!TR~£TS
~QS. MfiOY~£;~
~f~
BENEFIT--JOINT ACTION WITH SEWER DISTRICT.
A
;a~-district;-by-a-majority-vote of its
board of commissioners,
may enter into
contracts to provide health care services
and;or group insurance and/or term life
insurance, for the benefit of its employees and may pay all or any part of the
cost thereof:
PROVIDED, That term life
insurance shall be limited to five thousand doliars coverage or ten thousand
dollars for a double indemnity
death
benefit.
Any two or more water districts
or any one or more water districts and one
1
57. 08.100
WATER DISTRICTS
-------------------------------------------------------------------------------------or more sewer districts, by a majority
vote of their respective boards of commissioners, may, if deemed expedient, join in
the procuring of such health care services
and/or group insurance and/or term life
insurance, and the board of commissioners
of each participating sewer and/or water
district may by appropriate resolution
authorize their respective district to pay
all or any portion of the cost thereof.
[1973 c 24 § 2; 1961 c 261 § 2.]
57.08.105
LIABII,J;I.X .!~Y!!!NC.§ !:Ql! Ql.::
FICIALS AND ~LOYEES~ The board of water
co;mission~rs of each water district may
purchase liability insurance with such
limits as they may deem reasonable for the
purpose of protecting their officials and
employees against liability for personal
or bodily injuries and property damage
arising from their acts or omissions while
performing or in good faith purporting to
perform their official duties.
(1973 c
125 § 7. ]
57.08.110
AS~OCIA!JON
OF ~QMMISSION.::
]BS .f.!l,S.fOSES=-POfi.!§=]l.fE,NS]~==RECORD~
AUDITED BY ~TAl] ]1!1~Q! OF ~~1.f!1
~Ql!PORAT~~
To improve the organization
and operation of water districts, the
commiss~oners
of two or more such dis~
tricts may form an association thereof,
for the purpose of securing and disseminating information of value to the members
of the association and for the purpose of
promoting the more economical and efficient operation of the comprehensive plans
of water supply in their respective districts.
The commissioners of water districts so associated shall adopt articles
of association, select such officers as
they may determine, and employ and discharge such agents and employees as shall
be deemed convenient to carry out the
purposes of the association.
Water district commissioners and employees
are
authorized
to attend meetings of the
association.
The expense of the association may be paid from the maintenance or
general funds of the associated districts
in such manner as shall be provided in the
articles of association:
PROVIDED, That
the aggregate contributions made to the
association by the district in any calen~
dar year shall not exceed the amount which
~ould be raised by a levy of two and
onehalf cents per thousand dollars of assessed value against the taxable property
of the district. The financial records of
such association shall be subject to audit
by the washington state division of municipal corporations of the state auditor.
[ 1973 1st ~:x.s. c 195 § 68; 1970 ex.s. c
4-7 § 5; 1961 c 24 2 § 1. }
( 580
Chapter 57. 16
COMPREHENSIVE PLAN--LOCAL IMPROVEMENT DISTRICTS
57.16.020
VO£~
ON QtNEB!1 IMQ]BTEDThe commissioners may submit to-th;
voters of the district at any general or
special election, a proposition that the
district
incur a general indebtedness
payable from annual tax levies to be made
in excess of the constitutional and/or
statutory tax limitations for the construction of any part or all of the
general comprehensive plan. The amount of
the indebtedness and the terms thereof
shall be included in the
proposition
submitted to the voters, and the proposition shall be adopted by three-fifths of
the voters voting thereon in the manner
set forth in Article VII, section 2 (a) of
the constitution of this state, as amended
by Amendment 59 and as thereafter amended.
[When the general comprehensive plan] has
been adopted the commissioners shall carry
it out to the extent specified in the
proposition to incur general indebtedness.
( 1 9 7 3 1 st e x . s . c 1 9 5 § 6 9 ; 19 59 c 10 8 §
7; 1959 c 18 § 7. Prior: 1953 c 251 § 5;
1951 2nd ex.s. c 25 § 1; 1939 c 128 § 2,
part; 1937 c 177 § 1, part; 1929 c 114 §
10, part;
RRS § 11588, part. Cf. 1913 c
161 § 10, part.)
NE~
R§Yi~r•s llQ!g~
The bracketed material
in
this section was omitted but not
indicated as deleted in the amendment to
this section by 1973 1st ex.s. c 195 § 69.
.§gygrability__ ~f~ctivg datg§. ~n.~ ill.!!!i:.
sl~ te s-::<:&!!~ tr Y.£liQn.==llll 1§.!. ghh
See notes following RCW 84.52.043.
.ns!i2n
£ ~
57.16.040
AQDIIJON~
!ND ~I!~li~~~
In the same manner as provided for the
adoption of the original general comprehensive plan,
a plan providing for additions and betterments to the o~iginal
general plan may be adopted.
Without
limiting its generality "additions and
betterments" shall include any necessary
change in, am~ndment of or addition to the
general comprehensive plan.
The district may incur a general indebtedness payable from annual tax levies to
be made in excess of the constitutional
andjor statutory tax limitations for the
construction of the additions and bett~r·
ments in the same way that general indebtedness
may
be
incurred
for
the
construction of the original general plan
after submission to the voters of the
entire district in the manner the original
proposition to incur indebtedness
was
submitted.
Upon ratification the additions and betterments may be carried out
by the commissioners to the extent specified in the proposition to incur the
general indebtedness.
The district may issue revenue bonds to
pay for the construction of the additions
]
57.20.100
FINANCES
--------------------------------------------------------------------------------------and the betterments pursuant to resolution
of the board of water commissioners withou~ submitting a proposition
therefor to
the voters of the district.
(1973 1st
ex.s. c 195 § 70; 1959 c 108 § 9;
1959 c
18 § 9. Prior: 1953 c 251 § 7; 1951 2nd
ex.s. c 25 § 2; 1951 c 112 § 2; 1939 c 128
§ 2, part:
1937 c 177 § 1, part; 1929 c
114 § 10, part; RRS § 1158ff, part. Cf.
1913 c 161 § 10, part.)
~~§£~bility __ ~!!g£1!yg g~ ~gg i~rm!=
n.nion 2..$i~2=~QllllrU£tion--1211 jst tl~.:..
f 122~ See notes following RCW 84.52.043.
Chapter 57.20
FINANCES
OB1IGATIQ! ~QNDS:=
When general district indebtedness payable from annual tax
levies
to be made in excess of the
constitutional and/or statutory tax limi•
tations has been authorized, the district
may issue its general obligation bonds in
payment
thereof.
The bonds shall be
serial in form and maturity and numbered
from one up consecutively and shall bear
interest at such r-ate or rates as authorized by the board of water commissioners
payable semiannually, with interest coupons attached. The various annual maturities shall commence with the second year
after the date of the issue, and shall as
nearly as practicable be in such amounts
as will, together with the interest on all
outstanding bonds, be met by an equal
annual tax levy for the payment of the
bonds and interest. Only the bond numbered one of any issue shall be of a
denomination other than a multiple of one
hundred dollars.
Bonds shall not be issued to run for a
longer ~eriod than twenty years from the
date of issue and shall as nearly as
practicable be issued for a period which
will be equivalent ~o the life of the
improvement to be acquired by the issuance
of the bonds.
The bonds shall be signed by the president of the board and attested by the
secretary, under the seal of the district.
The interest coupons shall be signed by
the facsimile signature of the president
and attested by the facsimile signature of
the secretary.
There shall be levied by the officers or
governing body charged with the duty of
levying taxes. an annual levy in excess of
the constitutional and/or statutory tax
limitations sufficient to meet the annual
or semiannual payments of principal and
interest on the bonds upon all taxable
property within the district.
The bonds shall be sold in such manner
as the commissioners deem for the.best
interest of the district, and at a price
not less than par and accrued interest.
[1973 1st ex.s. c 195 § 71; 1970 ex.s. c
56 § 83; 1969 ex.s. c 232 § 87; 1953 c 251
57.20.010
~NER!b
lQR~I~~~L
1973 RCW SUPP.
g!f.:..
[ 581
§ 12; 1951 2nd ex.s. c 25 § 3; 1931 c 72 §
2; 1929 c 114 § 11; RRS § 11589. Cf. 1913
c 161 § 11.)
2gY~Igbil!1~~EffestiY~ date~ ~Qg !grmi=
DS1i2n g~~~~=~nstructiori=-1211 1~i ~L~L
£ 1221 See notes following RCW 84.52.043.
57.20.015
REIQ.@IN,2 GENE,g,g Q~1~AT.IQ!
BONDS.
The board of water comm~ss~oners
of--any water district may by resolution,
without submitting the matter to
the
voters of the district, provide for the
issuance of refunding general obligation
bonds to refund any outstanding general
obligation bonds, or any part thereof, at
maturity thereof, or before the maturity
thereof if they are subject to call for
prior redemption or all of the holders
thereof consent thereto. The totar cost
t'o the district over the life of the
refunding bonds shall not exceed the total
cost to the district which the district
would have incurred but for such refunding
over the remainder of the life of the
bonds to be refunded thereby. The refunding bonds may be exchanged for the bonds
to be refunded thereby, or may be sold in
such manner as the board of water commissioners deems to be for the best interest
of the district, and the proceeds of such
sale used exclusively for the purpose of
paying, retiring, and canceling the bonds
to be refunded and interest thereon.
The provisions of RCW 57.20.01C, specifying the form and maturities of general
obligation bonds and providing for annual
tax levies in excess of the constitutional
and/or statutory tax limitations shall
apply to the refunding general obligation
bonds issued under this section. [1973
1s"t ex.s. c 195 § 72; 1953 c 251 § 16.)
~~ygraQil!iY=Efg~ivg date~ ~n.£ !tl!!!ina,U.Q!!. S~tes -~!l~truct!.Q!l==1273 1§.i ~~L
£ 122~ See notes following RCW 84.52.043.
57.20.100
ANNUAL TAX LEVY. A district
may, in addition~o-the-levies mentioned
in RCW 57.16.020, 57.16.040 and 57.20.010,
levy a general tax on all property located
in the district each year not to exceed
fifty cents per thousand dollars of assessed value against the assessed valuation of the property where such water
district maintains a fire department as
authorized by RCW 57.16.010 to 57.16.040,
inclusive, but such levy shall not be made
where
any property within such water
district lies within the boundaries of any
fire protection district created under RCW
52.04.010 to 52.04.160, inclusive.
The
taxes so levied shall be certified for
collection as other general taxes, and the
proceeds, when collected, shall be placed
in such water district funds as
the
commissioners may direct and paid out on
warrants issued fot water district purposes.
(1973 1st ex.s. c 195 § 73; 1951 2nd
)
57 .. 20.100
WATER DISTRICTS
--------------------------------------------------------------------------------------ex.s. c 25 § 4; 1951 c 62 § 1; 1929 c
111:1
§ 18; RRS § 11595. Cf. 1913 c 161 § 17.]
§.gy~abilitv
E.Uecti~ dates aM !,ermi::.
nstti.Qn da1gs ~gJ!St£!!£il&.!!=ll11 ~ ~~
~ 195~
See notes following RCW 84.52.043.
57.20.160
MAINTENANCE QR GENE~AL IY!]
SPECIAL 1.!U!!1~R.Q~ !l!Q l!.Y~::.
~TS~
Whenever there shall have accumulated in any general or special fund of a
water district moneys, the disbursement of
which is not yet due, the board of water
commissioners may, by resolution, authorize the county treasurer to deposit or
invest such moneys in banks, mutual savings banks, or savings and loan associations in an amount in each institution no
greater than the amount insured by any
department or agency of the United States
government, the federal deposit insurance
corporation, or the federal savings and
loan insurance corporation, or to invest
such moneys in direct obligations of the
United States government: PROVIDED, That
the county treasurer may refuse to invest
any district moneys for a period shorter
than ninety days, or in an amount less
than five thousand dollars, or any moneys,
the disbursement of which will be required
during the period of investment to meet
outstanding obligations of the district.
( 1973 1st ex.s. c 140 § 3; 1959 c 108 §
16. ]
indebtedness of any form, owed by the
water district, shall remain the obligation of the area of the water district and
the public utility district commissioners
shall be empowered to make such levies,
assessments or charges upon that area or
the water users therein as shall pay off
the indebtedness at maturity. [ 1973 1st
ex. s. c 56 § 2 • ]
57.42.030
HEARING--NOTICE--DECREE.
Within ninety days-after--the--resOlUtions
and proposed agreement have been filed
with the court, the court shall fix a date
for a hearing and shall direct that notice
of the hearing be given by publication.
Aftet reviewing the proposed agreement and
considering other evidence presented at
the hearing, the court may determine by
decree that the propesed disposition is in
the public interest and conducive to the
public health,
welfare and convenience.
In addition, the decree shall authorize
the payment of all or a portion of the
indebtedness of the water district relating to property disposed of under such
decree. Pursuant to the court decree, the
water district shall dispose of its prop-erty under the terms of the disposition
agreement with the public utility district. [1973 1st ex.s. c 56§ 3.]
Chapter 57.42
DISPOSITION OF PROPERTY TO PUBLIC UTILITY
DISTRICT
sections added, amended, or repealed:
A~
57.42.010
!]!liQ~~!~
Subject to the
provisions of RCW 57.42.020 and 57.42.030,
any water district created under
the
prov~s~ons
of this title may sell, transfer, exchange, lease or otherwise dispose
of any property, real or personal, or
property rights, including but not limited
to the title to real property, to a public
utility district in the same county on
such terms as may be mutually agreed upon
by the commissioners of each district.
[1973 1st ex.s. c 56§ 1.]
TITLE 58
BOUNDARIES AND PLATS
58.08.040
Deposit to cover anticipated
taxes.
58.09.010
58.09.020
58.09.030
Purpose--Short title.
Definitions.
Compliance with chapter
required.
Records of survey--contents-Filing--Replacing corner, filing record.
Records of survey--Processing.
Records of survey, contents-Record of corner, information.
Coordinates--Map showing control scheme required.
certificates--Required--Forms.
When record of survey not
required.
Filing fee.
Duties of county auditor.
Monuments--Requirements.
Monuments disturbed by construction activities--Procedure--Requirements.
Noncompliance grounds for revocation of land surveyor's
license.
Severability--1973 c 50.
58.09.040
58.09.050
58.09.060
57.42.020
QISPOSITION ~ ~ IN fY~=
LIC INTEREST--FILINGS--INDEBTEDNESS.
No
waterdistrictshalldiSPose of its-property to a public utility district unless
the respective commissioners of each district shall determine by resolution that
such disposition is in the public interest
and conducive to the public health, welfare and convenience.
Copies of each
resolution together with copies of the
proposed disposition agreement shall be
filed with the legislative authority of
the county in which the water district is
located,
and with the superior court of
that county. Unless the proposed agreement provides otherwise, any outstanding
58.09.070
58.09.080
58.09.090
58.09.100
58.09.110
58.09.120
58.09.130
58.09.140
58.09.900
[ 582 ]
58.09.010
SURVEYS--RECORDING
--------------------------------------------------------------------------------------Qla~,tl
.2b.J.1
lill§=::.§J!~di.!l§iO.ll2=]~di=
58.19.900
.s.;.stiQM.:.
58.17.310
Approval of plat within irrigation district without provision
for irrigation water right of
way prohibited.
£h!ES~£ 58,12.
58.19.010
58.19.020
58.19.030
58.19.(140
58.19.050
58.19.060
58.19.070
58.19.080
58.19.090
58.19.100
58.19.110
58.19.120
58.19.130
58.19.140
58.19.150
58.19.160
58. 19. 170
58.19.180
58.19.190
58.19.200
58.19.210
58.19.220
58.19.230
58.19.240
58.19.250
58.19.260
58.19.270
58.19.280
58.19.290
58.19.300
~nd !1.!i!e1Q.E!!ill _!ct.
Purpose.
Definitions.
Exemptions from chapter.
Waiver.
Registration required--Revocation of purchase contract.
Application for registration-Contents.
Public offering statement-Contents.
Requirements enumerated-Examination.
Registration or rejection-Order--Procedure.
Registration under federal act.
Consolidation of registrations.
Report of changes required-Amendments.
Public offering statement
form--Type and style
restriction.
Public offering statement~ProÂ
motional use, distr~bution restriction--Holding out that
state or employees, etc. approve development prohibited.
Public offering statement-False, misleading or deceptive--Suspension--Procedure.
Public offering statement--Copies available to public.
Public offering statement--Copies to be given prospective
purchasers.
Unlawful to sell lots or parcels subject to blanket encumbrance which does not provide
purchaser can obtain clear title--Alternatives.
False advertising--Finding-Notice--Order--Hearing.
Investigations of viola~ions-Â
Procedure.
Violations--Cease and desist
orders--Injunctions.
Revocation of registration-Grounds~cease and desist order
as alternative.
Suits by or against developer-Notice to director.
Judicial review.
Rules and regulations.
Additional powers and duties of
director.
Violations deemed unfair practice subject to chapter 19.86
RCW.
Jurisdiction of superior
courts.
Application fees.
Hazardous conditions--Notice.
1973 RCW SUPP.
58.19.910
58.19.920
58.19.930
58.19.940
58.19.950
[
58.22.010
58.n.o2o
58.22.030
58.22.040
58.22.050
Persons selling land on effective date--Grace period for
compliance.
Prior developments--Exemptions.
Liberal construction.
Effective date.
Short title.
Severability--1973 1st ex.s. c
12.
Legislative intent.
Establishment and maintenance-Standards.
United States geological survey
quadrangle map separates--Acquisition by state agencies.
United States geological survey
quadrangle map separates--State
depository.
Availability of map separates~
Powers and duties of
department.
Chapter 58,08
PLATS--RECORDING
58.08.040
DEPO.§II IQ £Q!ER !MII~1E!I~I1.
Any person filing a plat subsequent to May 31st in any year and prior to
the date of the collection of taxes, shall
deposit with the county treasurer a sum
equal to the product of the county assessor's latest valuation on the unimproved
property in such subdivision multiplied by
the current year's dollar rate increased
by twenty-five percent on the property
platted. The treasurer's receipt for said
amount shall be taken by the auditor as
evidence of the payment of the tax. The
treasurer shall appropriate so much of
said deposit as will pay the taxes on the
said property when the tax rolls are
placed in his hands for collection, and in
case the sum deposited is in excess of the
amount necessary for the paymeint of the
said taxes, the treasurer shall return, to
the party depositing, the amount of said
excess, taking his receipt therefor, which
receipt shall be accepted for its face
value on the treasurer's quarterly settlement with the county auditor. [1973 1st
ex.s. c 195 § 74; 1969 ex.s. c 271
§ 34;
1963 c 66 §.. 1; 1909 c 200 § 1; 1907 c 44 §
1; 1893 c 129 § 2; RRS § 9291.]
TAl]~.:.
severabilii~==Effectiy~ ~te§ ~llQ !~mi=
aatiQ.n
£ 195:
dat~e=-Construction--1973
1§i ~.:.§.:.
See notes following RCW 84.52.043.
Chapter 58.09
SURVEYS--RECORDING
58.09.010
PURP~E-=.§liQRT
TITLE.
The
purpose of this chapter is to--provide a
method for preserving evidence of land
surveys by establishing standards
and
583 )
BOUNDARIES AND PLATS
58.09.010
-------------------------------------------------------------------------------procedures for monumenting and for recording a public record of the surveys.
Its
provisions shall be deemed supplementary
to existing laws relating to surveys,
subdivisions, platting, and boundaries.
This chapter shall be known and may be
cited as the "SurveJ Recording
Act".
[ 1973 c 50 § 1. ]
58.09.020
DEFI.!!lllQ..H§~
As used
in
this chapter:
(1)
"Land surveyor" shall mean every
person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW,
as now or
hereafter amended.
(2)
"Washington
coordinate
system 11
shall mean that system of plane coordinates as established and designated by
chapter 58.20 RCW.
(3)
"Survey" shall mean the locating
and monumenting in accordance with sound
principles of land surveying by or under
the supervision of a licensed land surveyor, of points or lines which define the
exterior boundary or boundaries common to
two or more ownerships or which reestablish or restore general land office corners. (1973 c 50§ 2.]
58.09.030
~R1l!NCE !Jlli ~tl~
RE2UI~
lny land surveyor engaged in the
practice of land surveying may prepare
maps,
plats, reports,
descriptions, or
other documentary evidence in connection
therewith.
Every map, plat, report, description, or
other document issued by a licensed land
surveyor shall comply with the provisions
of this chapter whenever such map, plat,
report, description, or other documen~ is
filed as a public record.
It shall be unlawful for any person to
sign,
stamp, or seal any map, report,
plat, description~ or other document for
filing under this chapter unless he be a
land surveyor. (1973 c 50§ 3.]
58.09.040
]]£Q]Q§
I!B~I11I!Q--REPLACJ.!!2
OF
aQRVEY--CON=
£QRHE£~
FILINQ
After making a survey in C·onformity with sound principles of lana surv~yÂ
ing, a land surveyor may file a record of
survey with the county auditor in the
county or counties wherein the
lands
surveyed are situated.
(1)
It shall be
mandatory,
within
ninety days after the establishment, reestablishment or restoration of a corner on
the boundary of two or more ownerships or
general land office corner by survey that
a land surveyor shall file with the county
auditor in the county or counties wherein
the lands surveyed are situated a record
of such survey, in such form as to meet
the requirem€nts of this chapter, which
through accepted survey procedures, shall
disclose:
]ECO~Q.:.
( 584
(a)
The establishment of a corner which
materially varies from the description of
record;
(b)
The establishment of one or more
property corners not previously existing;
(c)
Evidence that reasonable analysis
might result in alternate positions of
lines or points as a result of an ambiguity in the description;
(d)
The reestablishment of lost gov~rnÂ
ment land office corners.
(2)
When
a licensed land surveyor,
while conducting work of a preliminary
nature or other activity that does not
constitute a survey required by law to be
recorded, replaces or restores an existing
or obliterated general land office corner,
it is mandatory that, within ninety days
thereafter, he shall file with the county
auditor in the county in which said corner
is located a record of the monuments and
accessories found or placed at the corner
location, in such form as to meet the
requirements of this chapter. [1973 c 50
§ 4. ]
58.09.050
g~co~~a
QI aYR!~==gftQCE~~=
ING.
The records of survey to be filed
under authority of this chapter shall be
processed as follows:
(1)
Surveys which qualify under RCII
58.09.040 (1)
shall be a map, legibly
drawn,
printed or reproduced by a process
guaranteeing a permanent record in black
on tracing cloth, or equivalent, eighteen
by twenty-four inches, or of a size as
required by the county auditor. If ink is
used on polyester base film, the ink shall
be coated with a suitable substance to
assure permanent legibility. A two inch
margin shall be provided on the left edge
and a one-half inch margin shall
be
provided at the other edges of the map.
{2)
Information required by RCW 58.09.040
(2)
shall be recorded on a standard
form eight and one-half inches by fourteen
inches which shall be designed and prescribed by the bureau of surveys a~d maps.
(3)
Two legible prints of each record
of survey and records of monuments and
accessories as required under the provisions of this chapter shall be furnished
to the county auditor in the county in
which the survey is to be recorded. The
auditor
shall keep one copy for his
records and shall send the second to the
bureau of surveys and maps at Olympia,
Washington,
with the auditor's
record
number thereon. (1973 c 50§ 5.]
58.09.060
]E£QRD~
QI
~]!~!~
TE,NIS-::.RECORD OF COR]I,&. INFOR.t!!Tl.Qlh.
The record of survey as required by
58.09.040 (1) shall show:
~
(1)
RCW
(a)
All monuments found,
set, reset,
replaced, or removed, describing their
kind, size, and location and giving other
data relating thereto;
(b)
Bearing trees, corner accessories
or witness monuments, basis of bearings,
]
SURVEYS--RECORDING
58.09.120
--------------------------------------------------------------------------------------bearing and length of lines, scale of map,
and north arrow;
(c)
Name and legal description of tract
in which the survey is located and ties to
adjoining surveys of record;
(d)
certificates
required
by
RCW
58.09.080;
(e)
Any other data necessary for the
intelligent interpretation of the various
items and locations of the points, lines
and areas shown.
(2}
The record of corner information as
required by RCW 58.09.040 (2) shall be on
a standard form showing:
(a)
An accurate description and location, in reference to the corner position,
of all monuments and accessories found at
the corner;
(b)
An accurate description and location, in reference to the corner position,
of all monuments and accessories placed or
replaced at the corner;
(c)
Basis of bea~ings used to describe
or locate such monuments or accessories;
(d)
corollary information that may be
helpful to relocate or identify the corner
position;
(e)
Certificate required by RCW 58.09.08 0. [ 197 3 c 50 § 6. 1
58.09.070
£QQRDlli!IES==]!f
SHOWING
~~1 2~tl~H~ REQUIR~~ When coordinates
in the Washington coordinate system are
shown for points on a record of survey
map, the map may not be recorded unless it
also shows, o-r i.s accompanied by a map
showing, the control scheme through which
the
coordinates
were d€termined from
points of known coordinates. [1973 c 50§
7.
J
58.09.080
fERIJFI£!1~2==S~QQ!]~D-=
Certificates shall appear on the
record of survey map as follows:
!OR~~
SURVEYOR'S CERTIFICATE
This map correctly represents a survey
made by me or under my direction in
conformance with the requirements of the
survey Recording Act at th~ request of
- - - - - - - - - - in - - - - - - - , 19 _ .
Name of Person
(Signed and Sealed) .••.•.••
Certificate No. • •••••••••••
AUDITOR'S CERTIFICATE
________ ,
Filed for
of
o_f_____
record this
19
at
at page_ at
(Signed)
day
of
M. in book
the request
.....................
County Auditor
[ 1973 c 50 § 8. ]
1973 RCW SUPP.
[ 585
~B]E ]]fQB~
OF 2YB1~! EQI
(1)
A record of survey is not
required of any survey:
(a)
When it has been made by a public
officer in his official capacity and a
reproducible copy thereof has been filed
with the county engin~er of th~ county in
which the land is located.
A map so filed
shall be indexed and kept available for
public inspection.
A record of survey
shall not be required of a survey made by
the United States bureau of land management.
A state agency conducting surveys
to carry out the program of the agency
shall not be required to use a land
surveyor as defined by this chapter;
(b)
When it is of a preliminary nature;
(c)
When a map is in preparation for
recording or shall have been recorded in
the county under any local subdivision or
platting law or ordinance.
(2) Surveys exempted by foregoing subsections of this section shall require
filing of a re~ord of corner information
pursuant to RCW 58.09.QijQ (2).
[1973 c 50
§ 9. J
58.09.090
REQQ!]ED~
58.09.100
f!1J]Q f~~ The charge for
filing any record of survey and/or record
of corner information shall be fixed by
the board of county commissioners. [1973
c 50 § 10. J
58.09.110
~QTI]~
OF fQQEI! hQ~ITQ]~
The record of survey and/or record of
corner information filed with the county
auditor of any county shall be securely
fastened by him into suitable books provided for that purpose.
He shall keep proper indexes of such
record of survey by the name of owner and
by section,
township, and range,
with
reference to other legal subdivisions.
He shall keep proper indexes of the
record of corner information by section,
township and range.
The original survey map shall be stored
for safekeeping in a reproducible condition.
It shall be proper for the auditor
to maintain for public reference a set of
counter maps that are prints of
the
original maps.
The original maps shall be
produced for comparison
upon
demand.
[ 1 973 c 50 § 11. ]
58.09. 120
MONUMENTS--RE2UI]!~~NTS~
Any monument set by a land surveyor to
mark or reference a point on a property or
land line shall be permanently marked or
tagged with the certificate number of the
land surveyor setting it. If the monument
is set by a
public officer it shall be
marked
by
an
appropriate
official
designation.
Monuments set by a land surveyor shall
be sufficient in number and durability and
shall be efficiently placed so as not to
be readily disturbed in order to assure,
together with monuments already existing,
]
58.09.120
BOUNDARIES AND PLATS
--------------------------------------------------------------------------------------the perpetuation or reestablishment of any
point or line of a survey. (1973 c 50§
12. ]
58.09.130
~ONUMENTS DISTURBED BY
CONSTR~llQ.li ACTIVITIES-PROCEDURL. REQ!Iffi=
~~~
When adequate records exist as to
the
location
of
s~bdivision,
tract,
street, or highway monuments, such monuments shall be located and referenced by
or under the direction of a land surveyor
at the time when streets or highways are
reconstructed or relocated, or when other
construction or activity affects their
perpetuation. Whenever practical a suitable
monument shall be reset in the
surface of the new construction.
In all
other cases permanent witness monuments
shall be set to perpetuate the location of
preexisting monuments. Additionally, sufficient controlling monuments shall be
retained or replaced in their original
positions to enable land lines, property
corners, elevations and tract boundaries
to be reestablished without
requiring
surveys originating from monuments other
than the ones disturbed by the current
construction or activity.
It shall be the responsibility of the
governmental agency or others performing
construction work or other activity to
provide for the monumentation required by
this section. It shall be the duty of
every land surveyor to cooperate with such
governmental agency or other person in
matters of maps, f_ield notes, and othet
pertinent records. Monuments set to mark
the limiting lines of highways, roads, or
streets shall not be deemed adequate for
this purpose unless specifically noted on
the records of the improvement works with
direct ties in bearing or azimuth and
distance between those and other monuments
of record. (1973 c 50§ 13.]
58.09.140
REV~!IJQ]
]QN£Q~11J~~
§l!QQNDS
lQ~
kA~D
SURVEYOR'~
LIC~~
Ql
Noncompliance with any provision of this
chapter, as it now exists or may hereafter
be amended, shall constitute grounds for
revocation of a land surveyor's authorization to practic~ the profession of land
surveying and as further set forth under
RCW 18.43.105 and 18.43.110. (1973 c 50§
14. ]
58.09.900
SEVERABILIT!=:l2I1 £ ~~ If
any prov1s1on 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.
( 1973 c 50 § 15.]
Chapter 58.17
PLATS--SUBDIVISIONS--DEDICATIONS
58.17.310
APPROVAL OF PLAT WITHIN IB·
RI§ATION Q.!2!!1IC~ITHOUT -R!lOVISION- FOR
llUil§!liQ! Ji.ATEJ! RIGHT OF RAY ~ROHIJlllED:"
In addition to any other requirements
imposed by the provisions of this chapter,
the legislative authority of any city,
town, or county shall not approve a short
plat or final plat, as defined in RCW
58.17.020,
for any subdivision, short
subdivision, lot, tract, parcel, or site
which lies in whole or in part in an
irrigation district organized pursuant to
chapter 87.03 RCW unless there has been
provided an irrigation water right of way
for each parcel of land in such district
and such rights of way shall be evidenced
by the respective plats submitted for
final approval to the appropriate legislative authority.
Compliance with the requirements of this section togethe'r with
all other applicable provisions of this
chapter shall be a prerequisite, within
the expressed purpose of this chapter, to
a~y sale, lease, or development of land in
this state. [1973 c 150 § 2.}
Chapter 58.19
LAND DEVELOP~ENT ACT
58.19.010
gy]RQ§~
The
legislature
finds and declares that the sale and
offering for sale of land or of interests
in associations which provide for the use
or occupancy of land touch@s and affects a
great number of the citizens of this state
and that full and complete disclosure to
prospective purchasers of pertinent infor·
mation concerning land developments, in·
eluding any encumbrances or liens which
might attach to the land and the physical
characteristics of the development as well
as the surrounding land, is essential.
The legislature further finds and declares
that a program of state registration and
of publication and delivery to prospective
purchasers of a complete and accurate
public offering statement is necessary in
order to adequately protect both
the
economic
and physical welfare of the
citizens of this state. It is the purpose
of this chapter to provide for a reasonable program of state registration and
regulation of the sale and offering fer
sale of any interest in significant land
developments within or without the state
of Washington, so that the prospective
purchasers of such interests might be
provided with full, complete, and accurate
information of all pertinent circunstances
affecting their purchase. [1973 1st ex.s.
c 12 § 1.]
58.19.020
DEFINITIONS.
When used in
this chapter,-unleSS~he-context otherwise
requires:
[ 586 ]
LAND
DEVELOP~ENT
ACT
58.19.040
--------------------------------------------------------------------------------------(1)
"Blanket encumbrance" shall mean a
trust deed, mortgage, mechanic's lien, or
any other lien or encumbrance, securing or
evidencing the payment of money and affecting the land to be developed
or
affecting more than one lot or parcel of
developed land, or an agreement affecting
more than one such lot or parcel by which
the developer holds said development under
option,
contract, sale, or trust agreement. The term shall not include taxes
and
assessments
levied
by a public
authority.
(2} "Director" means the director of
the department of motor vehicles or his
authorized designee.
(3) "Developer" means any owner of a
development who offers it for disposition,
or the principal agent of an inactive
owner.
(4) "Development" or "developed lands"
means land which is divided or is proposed
to be divided for the purpose of disposition into ten or more lots, parcelst or
units
(excluding interests in
camping
clubs regulated under chapter 19.105 RCW)
and any other land whether contiguous or
not, if ten or more lots, parcels, units,
or interests are offered as a
part of a
common promotional plan of advertising and
sale.
(5) "Disposition"
includes any sale,
lease, assignment,
or exchange of any
interest in any real property which is a
part of or included within a development,
and also includes the offering of property
as a prize or gift when a monetary charge
or consideration for whatever purpose is
required in conjunction therewith, and any
other transaction concerning a development
if undertaken for gain or profit.
(6) "Offer" includes every inducement,
solicitation, or media advertisement which
has as a principal aim to encourage a
person to acquire an interest in land.
(7) "Hazard" means all existing or proposed unusual conditions relating to the
location of the development, noise, safety, or other nuisance which affect or
might affect the development.
(8) "Person" means an individual, corporation, government or governmental subdivision or agency~ business trust, estate,
trust, partnership, unincorporated association, two or more of any of the foregoing
having a joint or common interest, or any
other legal or commercial entity.
(9) "Purchaser" means a person who acquires or attempts to acquire or succeeds
to any interest in land.
(10~ "Residential buildings" shall
mean
premises that are actually intended or
used as permanent residences of th~ purchasers and that are not devoted exclusively to any other purpose.
( 1973 1st
ex.s. c 12 § 2.]
1973 RCW SUPP.
[
58.19.030
li!EMi!lQ!a !]Q] £H!E!]2~
(1)
Unless the method of disposition is
adopted for the purpose of evasion of this
chapter,
the provisions of this chapter
shall not apply to land and offers or
dispositions:
(a) By a purchaser of developed lands
for
his own account in a single or
isolated transaction;
(b) If fewer than ten separate lots,
parcels, units, or interests in developed
lands are offered by a person in a period
of twelve months;
(c) If each lot offered in the development is five acres or more;
(d) On which there is a residential,
comruercial, or industrial building, or as
to which there is a legal obligation on
the part of the seller to construct such a
building within two years from date of
disposition;
(e) To any person who acquires such lot,
parcel, unit or interest therein for the
purpose of engaging in the business of
constructing residential, commercial, or
industrial buildings or for the purpose of
resale or lease or other disposition of
such lots to persons engaged in such
business or businesses;
(f) Any lot, parcel, unit or interest if
the development is located within an area
incorporated prior to January 1, 1974;
(g) Pursuant to court order; or
(h) As cemetery lots or interests.
(2) Unless the method of disposition is
adopted for the purpose of evasion of this
chapter, the provisions of this chapter
shall not apply to~
(a) Offers or dispositions of evidence
of indebtedness secured by a mortgage or
deed of trust of real estate;
(b) Offers or dispositions of securities
or units of interest issued by a real
estate investment trust regulated under
any state or federal statute;
(c) A development as to which the director has waived the pro~isions of this
chapter as provided in RCW 58.19.040;
(d) Offers or dispositions of securities
currently registered with the division of
securities of the department of motor
vehicles;
(e) Offers or dispositions of any interest in oil, gas, or other minerals o~ any
royalty interest therein if the offers or
dispositions of such interests are regulated as securities by the United states
or by the division Of securities of the
department of motor vehicles.
(1973 1st
ex • s. c 12 § 3. ]
58.19.040
l!:!IVER~
The director may
waive the provisions of this chapter for a
development of twenty-five or fewer ~ots,
parcels,
units, or interests if he determines that the plan of promotion and
disposition is primarily directed to persons in the local community in which the
development is situated. [1973 1st ex.s.
c12§4.]
587 ]
58.19.050
BOUNDARIES AND PLATS
--~----------------------------------------------------------------------
58.19. 050
~ATIOJi
~IillATIQ] Bru2UI!!ED~REVO.::
Qf
PURCHASE CONTRACT.
Unless the
development or~transaetiOn is exempt
by RCW 58.19.030:
(1) No person may offer
or dispose of
any interest in a development located in
this state, nor offer or dispose of in
this state any interest in a development
located without this state prior to the
time the development is registered in
accordance with this chapter.
(2) Any contract or agreement for the
purchase of an interest in a development,
where the current public offering statement has not been given to the purchaser
in advance or at the time of his signing,
shall be voidable at the option of the
purchaser.
A purchaser may revoke such
contract or agreement within forty-eight
hours,
where he has received the public
offering statement less than forty•eight
hours before he signed the contract or
agreement, and the contract or agreement
shall so provide.
Notice of revocation
shall be made by written notice delivered
to the seller or his agent.
The time
period of forty-eight hours shall not
include all or any portion of a saturday,
Sunday, or legal holiday.
[1973 1st ex.s.
c 12 § 5.]
58.19.060
APPLICATION !QS
REGJ~.::
IlQ]=_COJi!l]IS.
An-application for registration of a development shall be filed as
prescribed by rules and regulations adopted by the director and shall contain the
following documents and information:
(1) An irrevocable
appointment of the
director to receive service of any lawful
process in any noncriminal
proceeding
ar~s~ng
under this chapter against the
applicant or his personal representative;
(2) A legal description of the development offered for registration,
together
with a
map showing the division proposed
or made, and the dimensions of the lots,
parcels,
units, or interests, and the
relation of the development to existing
streets,
roads,
and
other
off-site
improvements;
(3) The states or jurisdictions in which
an application for registration or similar
document has been filed, and any adverse
order,
judgment,
or decree entered in
connection with the development by the
regulator authorities in each jurisdiction
or by any court;
(4) The name and address of each person
having
an ownership interest of five
percent or more in the development together with the names, principal occupations,
and addresses of every officer,
director,
partner, or trustee of the developer;
(5) A statement of the
existing provisions for access, sewage disposal, potable
water, and other public utilities in the
development;
a s~atement of the improvements to be installed, how they are going
to be financed,
the schedule for their
completion; and a statement as to the
provision
for improvement maintenance.
The statements required in this subsection
shall include certificates from the appro•
priate governmental authorities certifying
that the applicant has complied with all
local health and planning and state and
local subdivision requirements;
(6) A statement, in a form acceptable to
the director,
of the condition of the
title to the development including easements of record, encumbrances, liens of
record,
blanket encumbrances, and
the
existence of partial release clauses, if
any, as of a specified date within twenty
days of the date of application, by title
opinion of a title insurance company or
licensed attorney, not a salaried employee, officer, or director of the applicant
or owner, or by other evidence of title
acceptable to the agency;
(7) Copies of the instruments which will
be delivered to a purchaser to evidence
his interest in the development and of the
contracts and other agreements which a
purchaser will be required to agree to or
sign;
(8) A statement, where the development
is encumbered by a blanket encumbrance
which does not contain an unconditional
release clause, as to which alternative
condition provided for in RCW 58.19.180
the developer shall adopt;
(9) Copies of. instruments creating easements, restrictions, or other encumbrances
affecting the development;
(10)
A statement of the zoning and
other governmental regulations affecting
the use of the development and also of any
existing or proposed special taxes or
assessments which affect the development;
(11) A narrative description of the promotional plan for the disposition of the
development,
together with copies of all
advertising material which has been prepared for public distribution by any means
of communication;
(12) A statement of any hazard on or
around the development;
(13) The
proposed
public
offering
statement;
(14) Any
other information, including
any currant financial statement, which the
director by its rules and regulations
requires for the protection of purchasers.
(1973 1st ex.s. c 12 § 6.)
58.19.070
COliiEli%2~
PU~I£ oFr~Ili2
~TAI~~ENT==
1he proposed public offering
statement, required to be submitted as
part of the application for registration,
shall be on a form prescribed by rules and
regulations adopted by the director and
shall include the following:
(1) The name and principal address of
the developer;
(2) A general description of the development stating the total number of lots,
parcels,
units,
or interests in the
offering;
(3) The significant ~erms of any encumbrances, easements, liens, and restrictions,
including
zoning
and
other
( 588 ]
LAND DEVELOPMENT ACT
58.19.100
---------------------------------~--------------------------------------------------
regulations affecting the development and
each unit or lot, and a statement of all
existing taxes and existing or proposed
special taxes or assessments which affect
the development;
(4) A statement of the use for which the
property is offered;
(5) Information concerning improvements,
including streets, potable water supply,
levees, drainage control systems, irrigation systems, sewage disposal facilities,
customary utilities, and recreational facilities, and the estimated cost, means of
financing, date of completion, and responsibility for construction and maintenance
of
existing and proposed improvements
which are referred to in connection
with
the offering or disposition of any interest in a development;
{6) A statement of any hazard on or
around the development;
(7) Additional information required by
the director to assure full
and fair
disclosure
to
prospective purchasers.
[1973 1st ex.s. c 12 § 7.]
58.19.080
REQUI.M_!WNT~ ENQJ.1~!iATE~.;
AMINAIION~
Upon receipt of an application
for registration in proper form,
the
director shall immediately initiate an
examination to determine that the following requirements are satisfied:
(1) The developer can convey or cause to
be conveyed the interest in a development
offered for disposition if the purchaser
complies with the terms of the offer, and
when appropriate,
that release clauses,
conveyances in trust, or other safeguards
have been provided;
(2) The developer has complied with all
local health and planning, an1 state and
local subdivision requirements;
(3) The advertising material and the
general promotional plan are not false,
misleading, or deceptive, afford full
and
fair
disclosure, and comply with the
standards prescribed by the director in
its rules and regulations;
(4) The developer has not, or if a
corporation,
its officers, directors, and
principals have not, been convicted of a
crime involving land dispositions or any
aspect of the land sales business in this
state, the United States, or any other
state or foreign country within the past
ten years and has or have not been subject
to any injunction or administrative order
or judgment entered under the provisions
of RCW 19.86.080 or 19.86.090 involving a
violation or violations of the provisions
of RCW 19.86.020 within the past ten years
restraining a false or misleading promotional plan involving land dispositions;
(5) The public offering statement requirements of this chapter have
been
satisfied. [1973 1st ex.s. c 12 §B.]
1973 RCW SUPP.
[
58.19.090
REGISTRATION OR
REJECTION--
ORQ~~_fE~URE~-c1)-upon-receipt o~h~
application for
registration ~n
proper
form, the director shall issue a notice of
filing to the applicant.
Within thirty
days from the date of notice of filing for
an in-state development or sixty days for
an out-of-state development, the director
shall enter an order registering
the
development or rejecting the registration.
If no order of rejection is entered within
thirty days from
the date of notice of
filing for
an in-state development or
sixty days for an out-of-state development, the land shall be deemed registered
unless the applicant has consented in
writing to a delay.
(2) If the director affirmatively determines, upon inquiry and examination that
the requirements of RCW 58.19.080 have
been met, he shall enter an order ·registering the development and shall designate
the form of the public offering statement.
(3) If
the director determines upon inquiry and examination that any of the
requirements of RCW 58.19.080 have not
been met, the director shall notify the
applicant that the application for registration must be corrected in the deficiencies specified.
If the requirements for
correction are not met, the director shall
enter an order rejecting the registration
which shall include the findings of fact
upon which the order is based. The order
rejecting the registration shall not become effective for twenty days during
which time the applicant may petition for
reconsideration and shall be entitled to a
hearing. (1973 1st ex.s. c 12 § 9. J
58.19.100
!lli~RAT!ON
,!lliDE!i FE~Jib1
(1) Any development registered under
the Interstate Land Sales Full Disclosure
Act (82 Stat.
590-599;
15 u.s.c.
Sec.
1701-1720)
shall,
at the developer's request, be registered under this chapter if
the developer:
(a) Files with the director a
copy of
his federal statement of record and property report and copies of all papers,
documents,
exhibits, and certificates he
has filed with or received from
the
federal government in regard to his federal registration; and
(b) complies with the provisions of RCW
58.19.180,
dealing
with
blanket
encumbrances.
Where a developer satisfies items
(a)
and (b) above, the federal property report
for the development shall qualify and be
accepted as the public offering statement
under this chapter.
(2) State registration under this section shall only be valid and current so
long as:
(a) The developer's federal registration
is valid and current; and
(b) The director is promptly advised
of
any change in the developer's federal
registration and is promptly provided with
copies of all papers, documents, exhibits
!£!~
589 ]
58.19.100
-------------------
BOUNDARIES AND PLATS
----------------------------------------------------------------
and certificates relating to the development which the developer has filed with or
received from the federal government subsequent to the date on which his federal
registration was granted.
(3) Except as provided otherwise in this
subsection, the provisions of this chapter
shall apply to developments registered
under this section.
RCW 58.19.060 through
58.19.090 and 58.19.110 through 58.19.130
shall not apply to deve_lopments having a
valid and current registration under this
section.
[1973 1st ex.s. c 12 § 10.1
58.19.110
CONSOLIDATION OF ~~TR!=
llQ]a~
If the-develOper registers an
additional development to be offered for
disposition, he may consolidate the subsequent registration with any earlier regis~
tration
offering
a
development
for
disposition under the same promotional
plan. [1973 1st ex.s. c 12 § 11.]
~RT OF ~fiAN2ES BEQUl~==
The developer shall immediately report to the director any material
changes in the information contained in
his
application for registration.
No
change in the substance of the promotional
plan or plan of disposition or completion
of the development may be made after
registration without notifying the director and without making appropriate amendment of the public offering statement. A
public offering stat~ment is not current
unless it incorporates all amendments.
[1973 1st ex.s. d 12 § 12.]
58.19.120
!~!Q~ENia~
58.19.130
gy]11£ OFFERING
STATEMENT
FoRM--TYPE
ANn sTYLE BEsriicTioN~---io
portion-of the-public--offering statement
form may be underscored, italicized, or
printed in larger or heavier or different
color type than the remainder of the
statement unless the director so requires.
[1973 1st ex.s. c 12 § 13.)
PUBLIC OFFERING STATE~ENT-Â
~SE~--QISTRJBUTIO! RESTRl~=
llo!_:EQLDI!Q QQI _!HA! g l l ] .QB ~.!rn&!];ES.t.
.E~~
!ggROVE QE.ELOPM~NT nQfiiB~ The
public offering statement shall not be
used for any promotional purposes. It may
not be distributed to prospective purchasers before registration of the development
and may be distributed afterwards only
when it is used in its entirety. No
person may advertise or represent that the
state of Washington or the director, the
department, or any employee thereof approves or recommends the development or
disposition thereof. [ 1973 1st ex.s. c 12
§ 14. ]
58.19.140
PROMOTIONAL
58.19.150
lA1~~
gQBL~ Q!l~l]§
~!!!~~EN!==
~~!]!NG
Q£ QECEfiiYE==~~ENÂ
.§!Q!=fll.QgQ!lB.!.:..
(1) I f it appears to the
director at any time that a public offering statement currently in effect includes
any statement that is false, misleading
or deceptive,
the director may, afte;
notice and after opportunity for hearing
(at a time fixed by the director)
within
fifteen days after such notice, issue an
order suspending the
public
offering
statement.
When such statement has be>en
amended i~ accordance with such order, the
director shall so declare and thereupon
the order of suspension shall cease to be
effective.
(2) The director is hereby empowered to
make an examination in any case to determine whether an order should issue under
subsection (1) of this section. In making
such examination, the director or anyone
designated by the director shall have
access to, and may demand the production
of any books and papers of, and may
administer oaths and affirmations to, and
may examine, the developer, any agents, or
any other person, in respect to any matter
relevant
to the examination.
If the
developer or any agents shall fail to
cooperate, or shall obstruct or refuse to
permit the making of an examination, such
conduct shal.l be proper ground f.or the
issuance of an order suspending the developer's public offering statement. (1973
1st ex.s. c 12 § 15.]
58.19.160
gQ]1!£ OFFE]l~ ~!~~NT==
COfiES !VAIL!Qll IQ PUBLIC~ A copy of the
public offering statement issued on lana
within a development covered by
this
chapter shall be given by the director,
upon ~ral or written request, to any
member of the public. [1973 1st ex.s. c
12 § 16.]
58.19.170
£Y~~
Qf!~BJ]g ~!!!~~~!!==
COPIES TO BE 2IVEN gRO~g~:rlll gQBf.J!!SEB.§.:.
~-~opy--of- the publ~c offering statement
issued on land within a development covered by this chapter shall be given by the
developer or his agents or salesmen, upon
oral or written request, to every adult or
head of a family who visits the site of a
development as a prospective purchaser.
[1973 1st ex.s. c 12 § 17.]
58.19.180
UNLAWFUL
IQ
SELL
LOTS
OR
PARC~b~ ~~~CT--TO--BLANKE~~NCOMBRANCE
WHl~li
DOES NOT PROVIDE--pURCHASER--cAN
OBTAIN CLEAR --TITLE--ALTERNATIVE~- -rt
shall- be--unlawfur-~or--the developer to
make a sale of lots or parcels within a
development which is subject to a blanket
encumbrance which does not contain, within
its terms or by supplementary agreement, a
provision which shall unconditionally provide that the purchaser of a lot or parcel
encumbered thereby can obtain the legal
title, or other interest contracted for,
[ 590 )
LAND DEVELOPMENT ACT
58.19.210
----------------~-------------------------~------------------------------------------
free and clear of the lien of such blanket
encumbrance upon compliance with the terms
and conditions of the purchase, unless the
developer shall elect and comply with one
of the followiQg alternative conditions:
(1) The
developer shall deposit in an
escrow depository acceptable to the director:
In cases where the blanket encumbrance does not provide
for
partial
release, all or such portions of the money
paid or advanced by the purchaser on any
such lot or parcel within said development
as the director shall determine to be
sufficient to protect the interest of the
purchaser; or in cases where the blanket
encumbrance provides for partial releases
thereof which are not uncondi tiona!,
the
developer shall deposit, at such time as
the balance due to the developer from such
purchasers is equal to the sum necessary
to procure a release of such lots or
parcels contracted for from the lien of
such blanket encumbrance, all of the sums
thereafter received from such purchasers
until either:
(a) A proper release is obtained from
such blanket encumbrance;
(b) Either the developer or the purchaser defaults under the sales contract and
there is a forfeiture of the interest of
the purchaser or there is a determination
as to the disposition of such moneys, as
the case may be; or
(c) The developer orders a return of
such moneys to such purchaser.
(2) The title to the development is held
in trust under an agreement of trust
acceptable
to the director until the
proper release of such blanket encumbrance
is obtained.
(3) A bond to the state of Washington or
such other proof of financial responsibility is furnished to the director for the
benefit and protection of purchasers of
such lots or parcels in such an amount and
subject to such terms, as may be approved
by the director, which shall provide for
the return of moneys paid or advanced by
any purchaser on account of a sale of any
such lot or parcel if a proper release
from such blanket encumbrance is
not
obtained:
PROVIDED, That if it should be
determined that such purchaser, by reason
of default, or otherwise, is not entitled
to the return of such moneys or any
portion thereof, such bond or other proof
of financial responsibility shall be exonerated to the extent and in the amount
thereof.
The amount of the bond or other
proof of financial responsibility may be
increased or decreased or a bond may be
waived from time to time as the director
shall determine. [1973 1st ex.s. c
12 §
18. ]
58.19.190
FALSE
58.19.200
INVESTIGATIO~
Qf
!!Qli§_-=R]Qf~~.:.
(1) The director
!lQbA=
may:
(a) Make necessary public or private
investigations within or outside of this
state to determine whether any person has
violated or is about to violate this
chapter or any rule, regulation, or order
hereunder, or to aid in the enforcement of
this chapter or in the prescribing of
rules and forms hereunder;
(b) Require or permit any person to file
a statement in
writing,
under oath or
otherwise as the director determines, as
to all facts and circumstances concerning
the matter to be investigated.
(2) For the purpose of any investigation
or proceeding under this chapter, the
director or any officer designated by rule
may administer oaths or affirmations, and
upon his own motion or upon request of any
party may subpoena witnesses, compel their
attendance, take evidence, and require the
production of any matter which is relevant
to the investigation, including the existence, description, nature, custody, condition,
and
location
of any books,
docu111ents, or other tangible things and
the
identity and location of persons
having knowledge or relevant facts, or any
other matter reasonably calculated to lead
to the discovery of material evidence.
(3) Upon failure to obey a subpoena or
to answer questions propounded by the
investigating officer and upon reasonable
notice to all persons affected thereby,
the director may apply to the superior
court for an order compelling compliance.
(4) Except as otherwise provided in this
chapter, all proceeaings under this chapter
shall be in accordance with the
Administrative Procedure Act, chapter 34.04 RCW. [ 1973 1st ex.s. c 12 § 20. 1
ADVERTISING--FINDIN~
lf.QI~];~RDER=HEARIN2.:.-~,..p;;go;-shall
publish in this state any advertisement
concerning a development subject to the
registration requirements of this chapter
1973 RCW SUPP.
after the director finds that the advertisement contains any statements that are
false, misleading,
or deceptive and so
notifies the person in writing.
Such
notification may be given summarily without notice or hearing.
At any time after
the issuance of a notification under this
section the person desiring to use the
advertisement may in writing request the
order be rescinded.
Upon receipt of such
a written request, the matter shall be set
down for hearing to commence within fourteen days after such receipt unless the
person making the request consents to a
~ater date.
After such hearing,
which
shall be conducted in accordance with the
provisions of the Administrative Procedure
Act, chapter 34.04 RCW, the director shall
determine whether to affirm and to continue or to rescind such order and shall have
all powers granted under such act.
(1973
1st ex.s. c 12 § 19.]
[ 591
VIOLATIQlill=Q!!a] A!!Q QESI~!
(1) I f the
director
determines after notice and hearin9 that a
person has:
58.19.210
QBQERS==llhlQ.lffliQR~.:.
]
58.19.210
BOUNDARIES AND PLATS
--------------------------------------------------------------------------------------(a) Violated any provision
of
this
chapter;
(b) Directly or through an agent or
employee engaged in any false, deceptive,
or misleading advertising, promotional, or
sales methods to offer or dispose of an
interest in developed lands;
(c) Made any substantial change in the
plan of disposition and completion of the
development subsequent to the order of
registration without obtaining prior written apptoval from the director;
(d) Disposed of any interest in a development required to be registered under
this chapter which has not been so registered with the director;
(e) Violated any lawful order; rule or
regulation of the director; he may issue
an order requiring the person to cease and
desist from the unlawful practice and to
take such affirmative action as in the
judgment of the director will carry out
the purposes of this chapter.
(2) If the director makes a finding of
fact in writing that the public interest
will be irreparably harmed by delay in
issuing an order, he may issue a temporary
cease and desist order.
Prior to issuing
the temporary cease and desist order, the
director whenever possible by telephone or
otherwise shall give notice of the proposal to issue a temporary cease and desist
order to the person.
Every temporary
cease and desist order shall include in
its terms a provision that upon request a
hearing will be held to determine whether
or not the order becomes permanent.
(3} If
it appears that a person has
engaged or is about to engage in an act or
practice constituting a violation of a
provision of this chapter, or a rule or
order hereunder,
the director,
with or
without prior administrative proceedings,
may bring an action in the superior court
to enjoin the acts or practices and to
enforce compliance with this chapter or
any rule, regulation, or order hereunder.
Upon proper showing, injunctive relief or
temporary restraining orders shall
be
granted, and a receiver or conservator may
be appointed.
The director shall not be
required to post a
bond in any court
proceedings. [1973 1st ex.s. c 12 § 21.]
58.19.220
REVOQ.I,!Q.N .Q1: MQ~~
§.B.Q!l.!fDS_ C.&;~] M.Q DE~.!~ .Q!lQER A~ !11M.::
H!IIY~
(1) A registration may be revoked
after notice and hearing upon a written
finding of fact that the developer has:
(a) Failed to comply with the terms of a
cease and desist order;
(b) Been convicted in any court subsequent to the filing of the application for
registration for a crime involving fraud,
deception, false pretense, misrepresentation,
false advertising, or
dishonest
dealing in real estate transactions;
(c) Disposed of, concealed, or diverted
any funds or assets of any person so as to
defeat
the
rights
of
development
purchasers;
[
(d) Repeatedly failed to perform any
stipulation or agreement made with the
dir~ctor ~s an
induc7ment to grant any
reg~strat~on,
to re~nstate any registration, or to approve any promotional plan
or public offering statement;
(e) Made intentional misrepresentations
or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a
concise and explicit statement of the
underlying facts supporting the findings.
(2) If the director finds after notice
and hearing that the developer has been
guilty of a violation for which revocation
could be ordered, he may issue a cease and
desist order instead of ordering revocation.
[ 1973 1st ex.s. c 12 § 22.]
58.19.230
2!ITS BY Q.\1 !2li~! DEVELOfER::=liQllCE !Q QI~~CTOR~ In any suit by or
against a developer involving his develop•
ment, the developer promptly shall furnish
the director notice of the suit and copies
of all pleadings. This section shall not
apply where the director is a party to the
suit.. (1973 1st ex.s. c 12 § 23.]
58.19.240
JUDICIAL ~!1]!~
Proceedings for judicial--review shall be in
accordance with the prov~s2ons of the
Administrative Procedure Act, chapter 34.04 RCW.
[ 1973 1st ex.s. c 12 § 24.]
58.19.250
RU~~
AND li~~ULAT!QNS. The
director shall prescribe reasonable rules
and regulations in order to implement this
chapter and such rules and regulations
shall be adopted, amended, or repealed in
compliance with the Administrative Procedure Act, chapter 34.04 RCW. ( 1973 1st
ex • s • c 1 2 § 2 5 • )
58.19.260
AQDITIONAL ~OW.rui~ !HQ QUTIES
OF DIRECTOR.
In addition to the powers
grante~~irector under other sections
of this chapter, the director may:
(1) Intervene
in a suit involving a
development registered under this chapter;
(2) Accept information contained in registrations filed in other states;
(3) Contract with similar
agencies in
this state,
any other state, or with the
federal government to perform investigative functions;
(4) Accept
grants in aid
from
any
source;
(5) Cooperate with similar agencies in
other states and with the federal government to establish, insofar as practical,
uniform filing procedures and forms, uniform public offering statements, advertising
standards
and rules, and common
administrative practices. [1973 1st ex.s.
c 12 § 26.]
592 ]
LAND DEVELOPMENT ACT
58.19.900
-------------~---------------~------------------------------------------------------
201-250....... .• • • . . • • •• • • •• • • • •
58.19.280
JURISDICTION
QI
2QgERIO~
~OURT2~ Dispositions-o~an interest in a
development are subject to this chapter,
and the superior courts of this state have
jurisdiction in claims or causes of action
arising under this chapter, if:
(1) The interest in a development offered for disposition is located in this
state;
(2) The developer maintains an office in
this state; or
(3) Any offer or disposition of an interest in a development is made in this
state, whether or not the offeror or
offeree is then present in this state, if
the offer originates within this state or
is directed by the offeror to a person or
place in this state and rec~ived by the
person or at the place to which it is
directed. ( 1973 1st ex.s. c 12 § 28.]
58.19.290
bigbJ~I!QB
FEES. The fees
for applications required under-this chapter shall be as prescribed under this
section.
(1) Except as provided in subsection (3)
of this section, the fee which shall
accompany each application for registration shall be computed according to the
number of units (meaning lots, parcels, or
interests) in the development as provided
in the following schedule:
, . . so .•.•.•••.•..•.....•...•..••• $
51-100 .••.....•..•.....•....••••
101-150.........................
151-200 .•.••.•..•...•••••...•••.
1973 RCW SUPP.
250
300
350
400
500
301-350.........................
351-400............... •••••••.••
401-450.........................
451-500........... .• . . . . . . .. . . . .
501-550................... •• •• • •
551-600.........................
601-650 ••••••••••••••• ••••••••••
651-700 .•.••.•••..• - . . . . . . . . . . . .
701-750....... .• . . . . . . .. . . .. .. . .
751-800 .•.•••• •••.•.•.•..••.•.••
801-850 •...•.. .•..........•.....
851-900 . . . . . . . •.••.•.•..........
901-950 •••••••••••••••••••••••••
951•1,00C ••••.•••.••••••.••••••.
1,001-1,050 ••. •••••••• •.••••••..
1,051-1,100 .•••••••••••...•••••.
1,101-1,150 •••••.•••••..••••••••
1,151-1,200 •••••••••••••••••••••
1,201-1,250 •••••••••••.•••••••••
1 ,· 2 5 1- 1 , 3 0 0 • • • • • • • • • • • • • • • • • • • • •
1,301-1,350 •••••••••••••••••.•••
1,351-1,400 ••• •••••••• ••••.•••••
1,4C1-.:!,45G ••.•.•••••••.•••••••.
1,451-1,500 ••.•••.•••• ••••·••·•·
1,501-1,550 •••••••••••••••••••••
1,551-1,600 ••• •••••••• ••••••••••
1,601-1,650 ••• ··•·•••• ••••••.•••
1,651-1,700 •.•••••••••••••••••••
1,701-1,750 •••••••••••••••••••••
1,751-or more ••.•••••••••.••••••
2Q~~~CT
450
251-300 •.•.••......•.. ···•·•·•·•
!IQ1!TIQ!2
~~~Q
QB1AJ~
IQ ftlAgr~~ 12~§ ~f~~
(1) The commission by any person of an act
or practice prohibited by this chapter is
hereby declared to be an unfair act or
practice or unfair method of competition
in the conduct of trade or commerce for
the purpose of the application of the
consumer Protection Act, chapter 19.86
RCW, as now or hereafter amended.
(2) The director may refer such evidence
as may be available to him concerning
violations of this chapter or of any rule
or regulation adopted hereunder to the
attorney general or the prosecuting attorney of the county wherein the alleged
violation arose, who may, in their discretion, with or without such a reference, in
addition to any other action they might
commence, bring an action in the name of
the state against any person to restrain
and prevent the ~oing of any act or
practice prohibited by this chapter: PROVIDED, That this chapter shall b~ considered in conjunction with chapters 9.04 and
19.86 RCW, as nov or hereafter amended,
and the powers and duties of the attorney
general and the prosecuting attorney as
they may appear in the aforementioned
chapters, shall apply against all persons
subject to this chapt€r. [1973 1st ex.s.
c 12 § 27. ]
58.19.270
PRAfiiC~
550
600
650
700
750
800
850
900
950
1,COO
1,025
1,050
1,075
1,100
1,125
1,150
1,175
1,200
1,225
1 ' 2 50
1,275
1,300
1,325
1,350
1,375
1,400
1,425
1,450
1,475
1,500
(2) The fee which shall accompany each
application for a waiver of the provisions
of this chapter shall be fifty dollars.
(3) The fee which shall accompany each
application for registration of a development already registered under the federal
Interstate Land Sales Full Disclosure Act
(82 Stat. 590-599;
15 u.s.c. Sec. 17011720)
shall be two hundred and fifty
dollars. [ 1973 1st ex.s. c 12 § 29.]
58.19.300
HAZA~QQ2
£Q!DITIQ!2--NQ=
If, after disposition of all or any
portion of a development which is covered
by this chapter, a condition constituting
a hazard is discovered on or around the
development, the developer or government
agency discovering such condition shall
n.otify the director immediately- After
recei~ing such notice, the director
shall
forthwith take all steps necessary to
notify the owners of the affected lands
~ither
by transmitting notice through the
appropriate county assessor's office or
such other steps as might reasonably give
actual notice to the owners.
[1973 1st
ex.s. c 12 § 30.)
~!£~
58.19.900
PERSONS SELLING LAND ON EFFECTIVE DATE--GRACe-PERroo-FcR-coMPLIANc£:
Any-person-s€lling-lan~or other-Interests
in a development prior to January 1, 1974,
and who intends to continue selling such
land or interests, shall have until March
1, 1974, to perfect his registration under
this chapter.
During the period from
January 1, 1974 to March 1, 1974, he may
[ 593 ]
58.19.900
BOUNDARIES AND PLATS
--------------------------------------------------------------------------------------c0ntinue selling such land or other interest in the development without having
procured registration under this chapter.
[1973 1st ex.s. c 12 § 31.]
58.19.910
fRIOR
Qll.llQ~MENTS-EIEMPThe ptovisions of RCW 58.19.180
shall not apply to any development where
either:
(1) Each lot contained in
the development is included in a final plat approved
prior to January 1,
1974, pursuant to
chapter 58.17 RCW or any platting and
subdivision ordinance of any Washington
county, city, or town; or
(2) The development is
registered with
the federRl government pursuant to the
Interstate Land Sales Full Disclosure Act
(82 Stat.
590-599;
15 u.s.c. Sec. 17011720) and such registration was granted
prior to January 1, 1974. (1973 1st ex.s.
c12§32.]
11QM§~
58.19.920
b~!b
fQ!STliQ£I!ON.
The
provisions of this chapter shall be construed liberally so as to give effect to
the purposes stated in RCW 58.19.010.
[1973 1st ex.s. c 12 § 33.]
58.19.930
EFFECTIVE DATE. This chapter shall become- effective January 1,
1974:
PROVIDED, That prior to January 1,
1974,
the director is authorized and
empowered to undertake and perform duties
and conduct activities necessary for the
implementation of this chapter upon its
becomin9 effective. [1973 1st ex.s. c 12
§ 34. )
58.19.940
§HO]I III1b
This chapter
may be cited as the Land Development Act
of 1973. ( 1973 1st ex.s. c 12 § 35.]
It is further the legislature's intent
to eliminate duplication, to insure compatibility, and to create coordination
through a uniform base which all agencies
will use.
It is in the interest of all citizens in
the state of Washington that a state base
mapping system be established to make
essential base maps available at cost to
all users, both public and private. (1973
1st ex.s. c 159 § 1.]
58.22.020
~I!BLISHMEN!
AND
NA!~E-=§I!NDAliQ2~
The department
~!INTEÂ
of natural resources shall establish and maintain
a state base mapping system.
The standards for the state base mapping system
shall be:
(1)
A series
of fifteen minute United
states geological survey quadrangle map
separates at a scale of one to 48,000 (one
inch equals 4,000 feet)
covering
the
entire state;
(2)
A series of seven and one-half
minute United States geological survey
quadrangle map separates at a scale of on9
to 24,000 (one inch equals 2,000 feet) for
urban areas; including but not limited to
those identified as urban by the state
highway department for the United States
department of commerce, bureau of public
roads.
All features and symbols added to the
quadrangle separates shall meet as nearly
as is practical national map accuracy
standards and specifications as defined by
the United States geological survey for
their fifteen minute and seven and onehalf minute quadrangle map separates.
Each quadrangle shall be revised by the
department of natural resources as necessary to reflect current cor.ditions. (1973
1st ex.s. c 159 § 2.]
58.22.030
UNITED
§TA~§
~gQbQGIC!1
Q!!!Q!i!JlliLE !1!f §.gMM,g§=.:ACQUI§.l:,
TION ~! ST!I~ ~gNCIES.
Any state agency
purchasing
or acquiring United States
geological survey quadrangle map separates
shall do so through the department of
natural resources. [1973 1st ex.s. c 159
§ 3. ]
~.E!.U.
58.19.950
SEVERABILITY--1973 1ST EX.S.
~ .1l~
I f anyprovisionOfthis-1973-act
or the application thereof to any person
or
circumstance is held invalid, the
invalidity shall not affect other provisions or applications of the act which can
be given effect without the invalid provisions or application, and to this end the
provisions of this 1973 act are severable.
( 1973 1st ex.s. c 12 § 36.)
Chapter 58.22
STATE BASE MAPPING SYSTEM
58.22.010
LEGISLATIVE INTENT.
It is
the intent of the-regisiature-ro-establish
a coordinated system of state base maps to
assist all levels of government to more
effectively provide the information to
meet their responsibilities for resource
planning and management.
[
58.22.040
Y!l!!Q §!Alga ~OL~CA~
SURVEY
QUADRANGLE MAP SEPARATES--STAT~
DEPOSITOR~ --Ihe--department_-of_ natural
resources shall be the primary depository
of all United States geological survey
quadrangle map separates for state agencies: PROVIDED, That any state agency may
maintain
duplicate copies.
(1973 1st
ex • s • c 1 59 § 4 • ]
58.22.050
AVAILABILITY QE MAP SEP!RAlES--POWEH§ ANQ QUTii§ QI Q~fiRTME!I~
Ti> All United States geological survey
quadrangle map separates shall be available at cost to all state agencies, local
594 ]
TITLE 59
DIGEST- OF TITLE
--------------------------------------------------------------------------------------agencies, the federal government, and any
private
individual or company through
duplication and purchase.
The department shall coordinate all requests for the use of United
States
geological survey quadrangle map separates
and shall provide advice on how to best
use the system.
(2) The department shall maintain a
catalogue showing all united States geological survey quadrangle map separates
available.
The department shall also
catalogue information describing additional separates cr products created by users.
copies of maps made for any state or local
agency shall be available to any other
state or local agency. (1973 1st ex.s.
c
159 § ~. J
59.18.110
59.18.120
59.18.130
59.18.140
59.18.150
59.18.160
TITLE 59
LANDLORD AND TENANT
59.18.170
sections added, amended, or repealed:
£M~~
59.0,!!
59,04.900
£.hsl21~£
59.18.180
TeM.!!£i,g~
Chapter inapplicable to rental
agreements under landlord-t~nÂ
ant act.
.2.2.:.QQ
Qill.Y.H. in
,!1ol],g£§ Q.I
Le.§.§~
~!
59.18.190
59.18.200
59.18.210
2!: Fo£.ll
59.18.220
59.08.900
Chapter inapplicable to rental
agreements under landlord-tenant act.
C~aEtg£ .22~1~
Forcible ~ntry ag~
and !!lli~.!Y! Q~tainer.!..
59.12.091
59.18.230
tQ,Icibl~
Writ of restitution under landlord-tenant act--RCW 59.12.090,
59.12.100, 59.12.121 and 59.12.170 inapplicable.
59.18.240
Regden!ial b2.DiU,ord-I~sl!!
59.18.260
£M.E!:g£ .2.2..:..1§
59.18.250
A£b
59.18.010
59.18.020
59.18.030
59.18.040
59.18.050
59.18.060
59.18.070
59.18.080
59.18.090
59.18.100
Short title.
Rights and remedies--Obl±gat~on
of good faith imposed.
Definitions.
Living arrangements exempted
from chapter.
Jurisdiction of district and
supe~ior courts.
Landlord--Duties.
Landlord--Failure to perform
duties--Notice from tenant-Contents-T.ime limits for landlord's remedial action.
Payment of rent condition to
exercising remedies-Exceptions.
Landlord's failure to remedy
defective condition--Tenant's
ch'oice of actions.
Landlord's failure to carry out
duties--Repairs effected by
197 3 RCW SUPP •
( 595
59.18.270
59.18.280
59.18.290
59.18.300
59.18.310
J
tenant--Bids--Notice--Deduction
of cost from rent--Limitations.
Failure of landlord to carry
out duties--Determination by
court or arbitrator--Judgment
against landlord for diminished
rental value and repair costs-Enforcement of judgment--Reduction in rent under certain
conditions.
Defective condition--Unfeasible
to remedy defect--Termination
of tenancy.
Duties of tenant.
Reasonable obligations or restrictions--Tenant's duty to
conform.
Landlord's right of entry--Purposes--Conditions.
Landlord's remedies if tenant
fails to remedy defective
condition.
Landlord to give notice if tenant fails to carry out duties.
Tenant's failure to comply with
statutory duties--Landlord to
give tenant written notice of
noncompliance--Landlord's
remedies.
Notice to tenant to remedy
nonconformance.
Tenancy from month to month or
for rental period--Termination.
Tenancies from year to year
except under written contract.
Termination of tenancy for a
specified time.
Waiver of chapter provisions
prohibited~Provisions prohibited from rental agreement-Distress for rent abolished-Detention of personal property
for rent prohibited--Remedies.
Reprisals or retaliatory actions by landlord--Prohibited.
Reprisals or retaliatory actions by landlord--Presumptions--Rebuttal--Costs.
Moneys paid as deposit or security for perfcrmance by tenant--Rental agreement to
specify terms and conditions
for retention by landlord.
Moneys paid as deposit or security for perfcrmance by tenant--Deposit by landlord in
trust account--Receipt--Claims.
Moneys paid as deposit or security for perfcrmance by tenant--Statement and notice of
basis for retention--Costs.
Removal or exclusion of tenant
from preiDises--Holding over or
excluding landlord from premises after termination date.
Termination of tenant's utility
services--Tenant causing loss
of landlord provided utility
services.
Default in rent--Abandonment-Liability of tenant--Landlord's
remedies.
TITLE 59
LANDLORt AND TENANT
-------------------59.18.320
59.18.330
59.18.340
59.18.350
59.18.360
59.18.370
59.18.380
59.18.390
59.18.400
59.18.420
59.18.900
Arbitration--Authorized~ExcepÂ
tions.-Notice--Procedure.
Arbitration--Application--Hearings--Decisions.
Arbitration--Fee.
Arbitration--Completion of arbitration after giving notice.
Exemptions.
Forcible entry or detainer or
unlawful detainer actions--Writ
of restitution--Application-Order--Hearing.
Forcible entry or detainer or
unlawful detainer actions--Writ
of restitution--Answer--Order-Stay-Bond.
Forcible entry or qetainer or
unlawful detainer actions--Writ
of restitution--Service--Defl3ndant•s bond.
Forcible entry or detainer or
unlawful detainer actions--Writ
of restitution--Answer of
defendant.
Forcible entry or detainer or
unlawful detain~r actions--Writ
of restitution--Judgment-Execution.
RCW 59.12.090, 59.12.100, 59.12.121 and 59.12.170
inapplicable.
Severability--1973 1st ex.s. c
207.
~1~
Chapter 59.18
RESIDENTIAL LANDLORD-TENANT ACT
59.18.010
SHQRI IIT~~ RCW 59.18.010
through 59.18.420 and 59.18.900 shall be
known and may be cited as the "Residential
Landiord•Tenant Act of 1973", and shall
constitute a new chapter in Title 59 RCW,
( 1973 1st ex.s. c 207 § 1.]
59. 18.020
BJGHT~ b]Q ~El'EDH.§==Q1}1JQ.k
1JQ.E Q.I GOQQ fAI.Tij 11U~Qg]h
Every duty
under this chapter and every act which
must be performed as a condition precedent
to the exercise of a right or remedy under
this chapter imposes an obligation of good
faith in its performance or enforcement.
[1973 1st ex.s. c 207 § 2.]
Chapter 59.04
TENANCIES
59.04.900
~ENI!1
fli!RI]B
!~~]!§
Y]~]£
1NAff1I£!f1]
See RCW 59.18.420.
IQ
1AN~1Q~!]]!]l
This chapter does not apply to ~ny
rental agreement included under the provisions of chapter 59.18 RCW. (1973 1st
ex.s. c 207 § 45.]
ACT~
Chapter 59. 08
DEFAULT IN RENT OF FORTY DOLLARS OR LESS
59.08.900
~IER
l]!ff1ICA]b~
IQ
AGREEMENTS UNDER 1!!~1Q!Q=1]]!]1
This chapter does not apply to any
rental agreement included under the provisions of chapter 59.18 RCW. [1973 1st
ex.s. c 207 § 46.]
~!A1
bCT~
Chapter 59.12
FORCIBLE ENTRY AND FORCIBLE AND UNLAWFUL
DETAINER
Cross Reference:
Tenant's violation of duty under landlord-tenant act grounds for unlawful detainer action: RCW 59.18.180.
[ 596
59.18.030
DEFI!ITIQH.h
As used in
this chapter:
(1} "Dwelling unit" is a structure or
that part of a s~ructure which is used as
a home, residence, or sleeping place by
one person or by two or more persons
maintaining a common household, including
but not limited to single family residences and units of multiplexes, apartment
buildings, and mobile homes.
"Landlord" means the owner, lessor,
(2)
or sublessor of the dwelling unit or the
property of which it is a part, and in
addition means any person designated as
representative of the landlord.
(3)
"Person" means an individual, group
of individuals, corporation, government,
or governmental agency, business trust,
estate, trust, partnership, or association, two or· more persons having a jo:.nt
or common interest, or any other legal or
commercial entity.
(4)
"Owner" means one or more persons,
jointly or severally, in whom is vested:
(a)
All or any part of the legal title
to p~operty; or
(b)
All or part of the beneficial own9rship, and a right to present use and
enjoyment of the property.
(5)
"Premises 11 means a dwelling unit,
appurtenances thereto, grounds, and facilities held out for the use of tenants
generally and any other area or facility
which is held out for use by the tenant.
(6)
"Rental agreement" means all agreements which establish or modify the termst
conditions, rules, regulations, or any
other provisions concerning the use and
occupancy of a dwelling unit.
(7)
A "single family residence" is a
structure maintained and used as a single
dwelling unit. Notwithstanding that
a
dwelling uni~ shares one or more walls
with another dwelling unit, it shall be
deemed a single family residence if it has
direct access to a street and shares
neither heating facilities nor hot water
RESIDENTIAL LANDLORD-TENANT ACT
59.18.060
--------------------------------------------------------------------------------------equipment, nor any other essential facility or service, with any other dwelling
unit.
(8)
A "tenant" is any person who is
entitled to occupy a dwelling unit primarily for living or dwelling purposes under
a rental agreement.
(9)
"Reasonable attorney's fees", where
authorized in this chapter, means
an
amount to be determined including the
following factors:
The time and labor
required, the novelty and difficulty of
the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the
locality for similar legal services, the
amount involved and the results obtained,
and the expe~ience, reputation and ability
of the lawyer or lawyers performing the
services, ( 1973 1st ex.s. c 207 § 3.]
59.18,040
fRO~
£li!~~
LI~Ili2 !R~~GEK~!TS
EX~MPTEQ
The following living arrangements are not intended to be governed
by the provisions of this chapter, unless
established primarily to avoid its application, in which event the provisions of
this chapter shall control:
(1)
Residence at an institution, whether public or private, where residence is
merely incidental to detention or the
provision of medical, religious, educational, recreational, or similar services,
including but not limited to correctional
facilities,
licensed
nursing
homes,
monasteries and convents, and hospitals;
(2)
Occupancy under a bona fide earnest
money agreement to purchase, bona fide
option to purchase, or contract of sale of
the dwelling unit or the property of which
it is a part, where the tenant is, or
stands in the place of, the purchaser;
(3)
Residence in a hotel, motel, or
other transient lodging whose operation is
defined in RCW 19.48.010;
(4)
Rental agreements entered into pursuant to the provisions of chapter 47.12
RCW where occupancy is by an owner-condemnee and where such agreement does not
violate the public policy of this state of
ensuring decent, safe, and sanitary housing and is so certified ty the consumer
protection division of the attorney general's office;
(5)
Rental agreements for the use of
any single family residence which are
incidental to leases or rentals entered
into in connection with a lease of land to
be
used
primarily
for
agricultural
purposes;
(6)
Rental agreements providing housing
for seasonal agricultural employees while
provided
in
conjunction
with
such
employment;
(7)
Rental agreements with the state of
Washington, department of natural resources,
on public lands governed by Title 79
RCW;
(8)
occupancy by an employee of a landlord whose right to occupy is conditioned
1973 RCW SUPP.
upon employment in or about the
[ 1973 1st ex.s. c 207 § 4.]
premises.
59.18.050
JURISDICTION OF DISTRICT AND
sugER!QR COUg!S~--rhe-district-or-superior
courts of this state may exercise juris•
diction over any landlord or tenant with
respect to any conduct in this state
governed by this chapter or with respect
to any claim arising from a transaction
subject to this chapter within the respective jurisdictions of the district or
superior courts as provided in Article IV,
section 6 of the Constitution of the state
of Washington.
(1973 1st ex.s. c 207 §
5. ]
59.18.060
LANDLORD--DUTIES. The landlord will at all times(i'iiring~he tenancy
keep the premises fit for human habitation, and shall in particular:
(1)
Kaintain the premises to substantially comply with any applicable code,
statute, ordinance, or regulation governing their maintenance or operation,
which
the legislative body enacting the applicable code, statute, ordinance or regulation
could enforce as to the premises rented;
(2)
Maintain the roofs, floors,
walls,
chimneys, fireplaces, foundations, and all
other structural components in reasonably
good repair so as to be usable and capable
of resisting any and all normal forces and
loads to which they may be subjected;
(3)
Keep any shared or common areas
reasonably clean, sanitary, and safe from
defects increasing the hazards of fire or
accident;
(4)
Provide a reasonable program for
the control of infestation by insects,
rodents, and other pests at the initiation
of the tenancy and, control infestation
during tenancy except where such infestation is caused by the tenant;
(5)
Except wher~ the condition is attributable to normal wear and tear, make
repairs and arrangements necessary to put
and keep the premises in as good condition
as it by law or rental agreement should
have been, at the commencement of the
tenancy;
(6)
Provide reasonably adequate locks
and furnish keys to the tenant;
(7)
Maintain all electrical, plumbing,
heating, and other facilities and appliances supplied by him in reasonably good
working orde;:;
(8)
Maintain the dwelling unit in reasonably weathertight condition;
(9)
Except in the case of a single
family residence,
provide and maintain
appropriate receptacles in common areas
for the removal of ashes, rubbish, and
garbage, incidental to the occupancy and
arrange for the reasonable and regular
removal of such waste;
(10)
Except ~here the building is not
equipped for the purpose, provide facilities adequate to supply heat and water and
[ 597 ]
59.18.060
LANDLORD AND TENANT
-----------------
--------------------------------------------------
hot water as reasonably required by the
tenant;
(11)
Designate to the tenant the name
and address of the person who is the
landlord by a statement on the rental
agreement or by a notice conspicuously
posted on the premises. The tenant shall
be notified immediately of any changes by
certified mail or by an updated posting.
If the person designated in this section
does not reside in the state where the
premises are located, there shall also be
designated a person who resides in the
county who is authorized to act as an
agent for the purposes of service of
notices and process, and if no designation
is made of a person to act as agent, then
the person to whom rental payments are to
be made shall be considered such agent.
No duty shall devolve upon the landlord
to repair a defective condition under this
section, nor shall any defense or remedy
be available to the tenant under this
chapter,
where the defective condition
complained of was caused by the conduct of
such tenant, his family, invitee, br other
person acting under his control, or where
a tenant unreasonably fails to allow the
landlord access to the property for purposes of repair.
When the duty imposed by
subsection (1) of this section is incompatible with and greater than the duty
imposed by any other prov~s~ons of this
section,
the landlord's duty shall be
determined pursuant to subsection
(1)
of
this section.
[ 1973 1st ex.s. c 207 § 6.]
under this section is completed
with
reasonable promptness. [ 1973 1st ex.s. c
207 § 7.]
PAYM!li! Ql £ENT fQ!QITIQR TO
The ten:
ant shall be current in the payment of
rent before exercising any of the remedies
accorded him under the provisions of this
chapter:
PROVIDED, That this
section
shall not be construed as limiting the
tenant's civil remedies for negligent or
intentional
damages:
PROVIDED FURTHER.
That this section shall not be construed
as limiting the tenant's right in an
unlawful detainer proceeding to raise the
defense that there is no rent due and
owing.
( 1973 1st ex.s. c 207 § 8.]
59.18.080
~~]CISI]Q ~EDIES--EXCEPTIONS.
59.18.090
IQ
~~~Q!
CONDITION--TENANT'S CHOICE OF
A&!~
ri:--~r--receipt ~i-vritt~n
notice, and expiration of the applicable
period of time, as provided in RCW 59.18.070, the landlord fails to remedy the
defective condition within a reasonable
time the tenant may:
(1)
Terminate the rental agreement and
quit the premises upon written notice to
the landlord without further obligation
under the rental agreement, in which case
he shall be discharged from payment of
rent for any period following the quitting
date, and shall be entitled to a pro rata
refund of any prepaid rent, and shall
receive a full and specific statement of
the basis for retaining any of the deposit
together with any refund due in accordance
with RCW 59.18.280;
(2)
Bring an action in an appropriate
court, or at arbitration if so agreed, for
any remedy provided under this chapter or
otherwise provided by law; or
(3)
Pursue other remedies available under this chapter. [1973 1st ex.s. c 207 §
59.18.070
LANDLORD--FAILURE TO PERFORM
!2JIT.IE.L_NOTJ&&! FROM IENANT CQNT]NTS= Til!~
11]IT~ fQE LANDLORD'S ]~EDIA1 !fliQ]~
If
at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060, the tenant may,
in additicn to pursuit of remedies otherwise provided him by law, deliver written
notice to the person designated in subsection
(11)
of RCW 59.18.060,
or t:o the
person who collects the rent, which notice
shall specify the premises involved, the
name of the owner, if known,
and the
nature of the defective condition.
For
the purposes of this chapter, a reasonabl€
time for the landlord to commence remedial
action after =eceipt of such notice by the
tenant shall be, except where circumstances are beyond the landlord's control;
(1)
Not more than twenty-four hours,
where the defective condition deprives the
tenant of water or heat or is imminently
hazardous to life;
(2)
Not more than forty-eight hours,
where the landlord fails to provide hot
water or electricity;
(3)
Subject to the provisions of subsections
(1) and (~ of this section, not
more than seven days in the case of a
repair under RCW 59.18.100 (3);
(4)
Not more than thirty days in all
other cases.
In each instance the burden shall be on
the landlord to see that remedial work
[
LANDLQ~ fAI1Q~
~l~£IlY~
9. ]
59. 1 8. 10 0
LA..@1Q]~2 FAILURE !Q
£ill!
OUT DUTIES--REPAIRS EFFECTED BY TENANT--
BIDS_:NOTll::DEDUCTION __OF_ COSTFROM
--c-:1)
REl{T =LI!UTAIIONS.
I f atany time
during the tenancy, the landlord fails to
carry out any of the duties imposed by RCW
59.18.060, and notice of the defect is
given to the landlor-d pursuant to RCW
59.18.070, the tenant may submit to the
landlord or his designated agent by certified mail or in person at least two bids
to p~rform the repairs necessary to correct the defective condition from licensed
or registered persons, or if no licensing
or registration requirement applies to the
type of work to be performed, from responsible persons capable of performing such
repairs.
Such bids may be submitted to
the landlord at the same time as notice is
given pursuant to RCW 59.18.070:
PROVIDED,
That the remedy provided in this
section shall not be available for a
598
]
RESIDENTIAL LANDLORD-TENANT ACT
59.18.120
--------------------------------------------------------------------------------------landlord to undertake the repairs himself
in return for cash payment or a reasonabl~
reduction in rent, the agreement thereof
to be agreed upon between the p~rties, and
such agreement does not alter the landlord's obligations under this chapter.
(1973 1st ex.s. c 207 § 10.]
landlo~d's
failure to carry out the duties
in subsections (6) 1 (9) 1 and (11) of RCW
59.18.060.
(2) If the landlord fails to commence
repair of the defective condition within a
reasonable time after receipt of notice
from the tenant, the tenant may contract
with the person submitting the lowest bid
to make the repair, and upon the completion of the repair and an opportunity for
inspection by the landlord or his designated agent, the tenant may deduct the
cost of repair from the rent in an amount
not to exceed the sum expressed in dollars
representing one month's rental of the
tenant's unit in any twelve-month period:
PROVIDED, That when the landlord must
commen~e to remedy the defective condition
within thirty days as provided in subsection (4)
of RCW 59.18.070, the tenant
cannot contract for repairs for at least
fifteen days following receipt of said
bids by the landlord: PROVIDED FURTHER,
That the total costs of repairs deducted
in any twelve-month period under this
subsection shall not exceed the sum expressed in
dollars
representing
one
month's rental of the tenant's unit.
(3)
If the landlord fails to carry out
the duties imposed by RCW 59.18.060 within
a reasonable time, and if the cost of
repair does not exceed one-half month's
rent, including the cost of materials and
labor, which shall be computed at the
prevailing rate in the community for the
performance of such work, and if repair of
the condition need not by law be performed
only by licensed or registered persons,
the tenant may repair the defective condi~
tion in a workmanlike manner and upon
completion of the repair and an opportunity for inspection, the tenant may deduct
the cost of repair from the rent:
PROVIDED, That repairs under this subsection are
limited to defects within the
leased
premises:
PROVIDED FURTHER, That the
total costs of repairs deducted in any
twelve-month period under this subsection
shall not exceed one-half month's rent of
the unit or seventy-five dollars in any
twelve-month period,
whichever is
the
lesser.
(4)
The provisions of this
section
shall not:
(a)
Create a relationship of employer
and employee between landlord and tenant;
or
(b)
Create liability under the workmen's compensation act; or
(c)
Constitute the tenant as an agent
of the landlord for the purposes of RCW
60.04.010 and 60.04.040.
(5)
Any repair work performed under the
provisions of this section shall comply
with the requirements imposed by
any
applicable code, statute, ordinance, or
regulation.
A landlord whose property is
damaged because of repairs performed in a
negligent manner may recover the actual
damages in an action against the tenant.
(6)
Nothing in this section shall prevent the tenant from agreeing with the
1 97 3 RCW SUPP.
59. 18. 110
FA IL!lli~ OF 1!!!DLOR~ !Q CAE~!
OUT
DUTIES--DETERMINATION BY COURT Q~
AE~I!liA!QR-=~UDQMENT AGAIN~! bANDLQgQ- IQg
Q!.Jll!!ISHED REJ!!!1 VALUE; AN~ ID!PAig £QSTS==
ENFORCEMENT OF JUDGMENT--REDUCTION IN RENT
Uioia-cERTAIN-CONDITIONs:--(1)--rf a-court
or-an arbitrator-determines that:
(a)
A landlord has failed to carry out
a duty or duties imposed by RCW 59.18.06C;
and
(b)
A reasonable time has passed for
the
landlord to remedy the defective
condition following notice to the landlord
in accordance with RCW 59.18.070 or such
other time as may be allotted by the court
or arbitrator; the court or arbitrator may
determine the diminution in rental value
of the premises due to the defective
condition and
shall
render
judgment
against the landlord for the rent paid in
excess of such diminished rental value
from the time of notice of such defect to
the time of decision and any costs of
repair done pursuant to RCW 59.18.100 for
which no deduction has been previously
made.
Such decisions may be enfor-ced as
other judgments at law and shall
be
available to the tenant as a set-off
against any existing or subsequent claims
of the landlord.
The court or arbitrator may also authorize the tenant to make or contract to
make further corrective repairs:
PROVIDED, That the court specifies a time period
in which the landlord may make
such
repairs before the tenant may commence or
contract for such repairs.
(2)
The tenant shall not be obligated
to pay rent in excess of the diminished
rental value of the premises until such
defect or defects are corrected by the
landlord or until the court or arbitrator
determines otherwise. ( 1973 1st ex.s. c
207 § 11.]
( 599
59.18.120
DEFECTIVE CONDITION--UNFEASIB1~ TO ~H~DY DEf~£!--!~RMiliAIIOJ!---QI
~NA~
If a court or arbitrator deter•
mines a defective condition as described
in RCW 59.18.060 to be so substantial that
it is unfeasible for the landlord to
remedy the defect within the time allotted
by RCW 59.18.070, and that the tenant
should not remain in the dwelling unit in
its defective condition, the court or
arbitrator may authorize the termination
of the tenancy: PROVIDED, That the court
or arbitrator shall set a reasonable time
for the tenant to vacate the premises.
(1973 1st ex.s. c 207 § 12.]
J
59.18.130
LANDLORD AND TENANT
--------~----------------
59.18.130
DUTIE~ OF!~~
Each tenant shall pay the rental amount at such
times and in such amounts as provided for
in the rental agreement or as otherwise
provided by law and comply with
all
obligations imposed upon tenants bt applicable provisions of all municipal, county,
and s~ate codes 6 statutes, ordinances, and
regulations, and in addition shall:
(1)
Keep that part of the premises
which he occupies and uses as clean and
sanitary as the conditions of the premises
permit;
(2)
Properly dispose from his dwelling
unit all rubbish,
garbage,
and
other
organic or flammable waste, in a clean and
sanitary manner at reasonable a~d regular
intervals, and assume all costs of extermination and fumigation for infestation
caused by the tenant;
(3)
Properly use and operate all electrical,
gas,
heating, plumbing and other
fixtures and appliances supplied by the
landlord;
(4)
Not intentionally or negligently
destroy, deface, damage, impair, or remove
any part of the structure or dwelling,
with the appurtenances thereto, including
the facilities, equipment, furniture, furnishings, and appliances, or permit any
member of his family,
invitee,
licensee,
or any person acting under his control to
do so;
(5)
Not permit a
nuisance or common
waste; and
(6)
Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear
or conditions caused by failure of the
landlord to comply with his obligations
under this chapter:
PROVIDED, That the
tenant shall not be charged for normal
cleaning if he has paid a nonrefundable
cleaning fee.
(197.3 1st ex.s. c 207 §
13. ]
59.18.140
REASONABLE
OBLIGATIONS Q~
,RES!.RE!IQNS=-TENAN'r•a -Q!ITl !Q- SQ!FORlL.
The tenant shall conform to all reasonable
obligations or restrictions, whether denominated by the landlord as rules, rental
agreement, rent, or otherwise, concerning
the use,
occupation, and maintenance of
his dwelling unit, appurtenances thereto,
and the property of which the dwelling
unit is a part if such obligations and
restrictions are not in violation of any
of the terms of this chapter and are not
otherwise contrary to law,
and if such
obligations and restrictions are brought
to the attention of the tenant at the time
of his initial occupancy of the dwelling
unit and thus b8come part of the rental
agreement.
Except for termination
of
tenancy,
after thirty days written notice
to each tenant, a new rule of tenancy may
become effective upon completion of the
term of the rental agreement or sooner
upon mutual consent.
(1973 1st ex.s. c
207~14.]
59. 18. 150
1!NDLORD~ .RI§l!I Qf ~.HTRYÂ
PURPOSES-CONQIT~.:..
( 1)
The tenant
shall not unreasonably withhold consent tc
th~
~and1ord
to 7nter into the dwelling
un~t ~n order
to ~nspect the premises,
make necessary or agreed repairs, alterations, or improvements, supply necessary
or agreed services, or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen, or
contractors.
p> . The landlord may enter the dwelling
un~t w1thout consent of the tenant in case
of emergency or abandonment.
(3)
The landlord shall not abuse the
right of access or use it to harass the
tenant. Except in the case of emergency or
if it is impracticable to do so, the
landlord shall give the tenant at least
two days• notice of his intent to enter
and shall enter only at reasonable times.
(4~
The landlord has no other right of
access except by court order, arbitrator
or by consent of the tenant. [1973 1st
ex.s. c 207 § 15.]
59.18.160
k!NDLORD~
REMEQ!~2 If !!B=
AN! FAILS !Q REMEDY QEF~!.Ill ~Q@.I.liQ!.L
If, after receipt of written notice, as
provided in RCW 59.18.170, the tenant
fails to remedy the defective condition
within a reasona~le time, the landlord
may:
(1)
Bring an action in an appropriate
court,
or at arbitration if so agreed for
any remedy provided under this chapter or
otherwise provid~d by law; or
(2)
Pursue other remedies available unde~ this chapter.
(1973 1st ex.s. c 207 §
16. ]
59.18.170
_LAlffi1QRD TO GIVE NOTICE IF
TENANT FAILS TO CARRY OUT DUTIES.---I~
anytimeduringthe tenancy the tenant
fails to carry out the duties required by
RCW 59.18.130 or 59.18.140, the landlord
may, in addition to pursuit of remedies
otherwise provided by law, give written
notice to the tenant of said failure,
which notice shall specify the nature of
the failure.
[ 1973 1st ex. s. c 207 § 17.]
at
59 .18. 180
TENANT~
llliUR] TO COMPLY
!ITH 2TATUTQ.RI ~ES=-LANDLORD -To--§iy]
l]!!!I
~~III]!
MQIIC] Qf
]ONCO~g1l!]~~==
LANDLORD'S REMEDIES.
If the tenant fails
to--comply -with any portion of RCW 59.18.130 or 59.18.140, and such noncompliance
can substantially affect the health and
safety of the tenant or other tenants, or
substantially increase the hazards of fire
or accident that can be remedied
by
repair, replacement of a damaged item, or
cleaning, the tenant shall comply within
thirty days after written notice by the
landlord specifying the noncompliance, or,
in the case of emergency as promptly as
conditions require. If the tenant fails to
( 600 ]
59.18.230
RESIDENTtAL LANDLORD-TENANT ACT
----------------------~----------------------------------------------------------------
remedy the noncompliance within that period the landlord may enter the dwelling
unit and cause the work to be done and
submit an itemized bill of the actual and
reasonable cost of repair, to be payable
on the next date when periodic rent is
due, or on terms mutually agreed to by the
landlord and tenant, or immediately if the
rental agreement has terminated.
Any
substantial noncompliance by the tenant of
RCW 59.18.130 or 59.18.140 shall constitute a ground for commencing an action in
unlawful detainer in accordance with the
prov~s~ons
of chapter 59.12 RCW, and a
landlord may commence such action at any
time after written notice pursuant to such
chapter. The tenant shall have a defense
to
an unlawful detainer action filed
solely on this ground if it is determined
at the hearing authorized under the provisions of chapter 59.12 RCW that the tenant
is in substantial compliance with the
provisions of this section, or if the
tenant remedies the noncomplying condition
within the thirty day period provided for
above or any shorter period determined at
the hearing to have been required because
of an emergency:
PROVIDED, That if the
defective condition is remedied after the
commencement of an unlawful detainer action, the tenant may be liable to the
landlord for statutory costs and reasonable attorney's fees.
[ 1973 1st ex.s. c
207 § 18.]
59.18.190
BQII£] !Q I]NAli!
TO REMEDY
Whenever the--la;dlord
learns of a breach of RCW 59.18.130, he
may immediately give notice to the tenant
to remedy the nonconformance. Said notice
shall expir9 after sixty days unless the
landlord pursues any remedy under this
chapter. ( 1973 1st ex.s. c 207 § 19.]
~O]CO]fQRMA]~~
59.18.2co
IENAN~x fRo~ nQNTH !Q
n2N!~
OR fOR !!].!f!-!1. !!,lliO~-=I~!HUN!UQ.L. When
premises are rented for an indefinite
time,
with monthly or other periodic rent
reserved, such tenancy shall be construed
to be a tenancy from month to month, or
from pericd to period on which rent is
payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of said months or
periods, given by either party to the
other. (1973 1st ex.s. c 207 § 20.]
59.18.210
!~]!li£I~~
FROM~!] 1Q YEA]
]XCg!!! UNQER ~Bl!TEN ~~NT]ACT~
Tenancies
from year to year are hereby abolished
except when the same are created
by
express written contract. Leases may be
in writing or print, or partly in writing
and partly in print, and shall be legal
and valid for any term or period not
exceeding one year,
without acknowledgment,
witnesses or seals.
( 1973 1st
ex.s. c 201 § 21.]
1973 RCW SUPP.
[ 601
59.18.220
TERMINATION OF TENANCY FOR A
sP~£IFI]Q !InE.-~In~II-cases-wh;r; pr;m:
ises are rented for a specified time, by
express or implied contrac~, the tenancy
shall be deemed terminated at the end of
such specified time.
( 1973 1st ex.s. c
207 § 22. ]
59.18.230
!!EQYISIQN~
g]OHIBI!~]
fBQn
H!IVER QK ftl!fTEg
f]QfiiBJ!]Q==!!BQ!ISlQ]~
,fOR !!~NT ABOL::
Qf ~ONAL gRog~]!! fQ]
] ] ] ! f.!!OHII!IIED=]]]l;;QIES.!.
( 1)
Any provision of a lease or other agreement,
whether
oral or written, whereby any
section or subsection of ~his chapter is
waived except as provided in RCW 59.18.360
and shall be deemed against public policy
and
shall
be
unenforceable.
Such
unenforceability shall not affect other
provisions of the agreement which can be
given effect without them.
(2)
No rental agreement may provide
that the tenant:
(a)
Agrees to waive or- to forego rights
or remedie3 under this chapter; or
(b}
Authorizes any person to confess
judgment on a claim arising out of the
rental agreement; or
(c)
Agrees to pay the landlord's attorney's fees,
except as authorized in this
chapter: or
(d)
Agrees to the exculpation or limitation of any liability of the landlord
arising under law or to indemnify the
landlord for that liability or the costs
connected therBwith; or
(e)
And landlord have agreed to a particular arbitrator at the time the rental
agreement is entered into.
(3)
A provision prohibited by subsection (2} of this sectlon included in a
rental agreement is unenforceable.
If a
landlord deliberately uses a rental agreement containing provisions known by him ~o
be prohibited, the tenant may recover
actual damages sustained by him and reasonable attorney's fees.
(4)
The common law right of the landlord of distrBss for rent is
hereby
abolished for property covered by this
chapter. Any provision in a rental agreement creating a lien upon the personal
property of the tenant or autho=izing a
distress for rent is null and void and of
no force and effect.
Any landlord who
takes or detains the personal property of
a tenant, unless the property has been
abandoned as described in RCW 59.12.310
shall be liable to the tenant for the
value of the property retained, and the
prevailing party may recover his costs of
suit and a reasonable attorney's fee.
In any action, incluQing actions pursuant to chapters 7.64 or 12.28 RCW, brought
by a tenant or other person to recover
possession of his personal property taken
or detained by a landlord in violation of
this section,
the court, upon motion and
after notice to the opposing parties, may
waive or reduce any bond requirements
RE]!AL
.AQB~~nEN!=-DISTRES~
l~ll]~Q~!]]!lQ]
]
59.18.230
LANDLORD AND TENANT
--------------------------------------------------------~~-----------
where it appears to be to the satisfaction
of the court that the moving party is
proceeding in good faith and has,
prima
facie,
a meritorious claim for immediate
delivery or redelivery of said property.
( 1973 1st ex.s. c 207 § 23.]
REPRISALS QS ~~TA1IAIQ!I !£=
So long as
the tenant is in compiiance with this
chapter, the landlord shall not take or
threaten to take reprisals or retaliatory
action against the tenant because of any
good faith and lawful:
(1)
Complaints or reports by the tenant
to a governmental authority concerning the
failure of the landlord to substantially
comply with any code, statute, ordinance,
or regulation governing the maintenance or
operation of the premises;
(2)
Assertions or enforcement by the
tenant of his rights and remedies under
this chapter.
"Reprisal or retaliatory action" shall
mean and include but not be limited to any
of the following actions by the landlord
when such actions are intended primarily
to retaliate against a tenant because of
the tenant's good faith and lawful act:
(1)
Eviction of the tenant;
(2)
Increasing the rent required of the
tenant;
(3}
Reduction of
services
to
the
tenant;
(4)
Increasing the obligations of the
tenant.
( 197 3 1st ex. s. c 207 § 24. ]
he shall be entitled to reco~er his costs
of suit or arbitration, including a reasonable attorney's fee:
PROVIDED FURTHER
That neither party may recover attorney'~
fees to the extent that their
legal
services are provided at no cost to them.
(1973 1st ex.s. c 207 § 25.]
59.18.240
IIQ.@ BY
LANQ10RD=PROHIBIUQ~
59.18.250
TJ:O.li.a
BY
REPRI§!LS QE REI!1!!IQg1
!£=
1!].Q10R~ID,; SUMfTIQli 5--R~ OT=
IAL~~.ai~
Initiation by the landlord of
any action listen in RCW 59.18.240 within
ninety days afte~ a good faith and lawful
act
by the tenant as enumerated in RCW
59.18.240, or within ninety days after any
inspection or proceeding of a governmental
agency resulting from such act,
shall
create a rebuttable presumption affecting
the burden of proof, that the action is a
~eprisal or retaliatory action against the
tenant:
PROVIDED,
That no presumption
against the landlord shall arise under
this section, with respect to an increase
in rent,
if the landlord, in a notice to
the tenant of increase in rent,
specifies
reasonable
grounds for said increase,
whi~h grounds may
include a substantial
increase in market value due to remedial
action under this chapter: PROVIDED FURTHER, That the presumption of retaliation,
with respect to an eviction,
m~y
be
rebutted
by evidence that it ~s net
practical to make necessary repairs while
the tenant remains in occupancy. In any
action or eviction proceeding where the
tenant prevails upon his claim or defense
that the landlord has violated this section,
the tenant shall be entitled to
recover his costs of suit or arbitration,
including a reasonable attorney's fee, and
where the landlord prevails upon his claim
[ 602
59. 18.260
MOllll fli.Q !~ Q!fQll! OR
~~gB!I! FOR fERfORM~ ~I TENA!I=-RENTAL
AGREEMENT IQ SPEs;!FY IERllli !ND £QNDITIQNS
FOB RETENTION ~I il.@LORD~ I f any moneys
are paid to the landlord by the tenant as
a deposit or as security for performance
of the tenant's obligations in a lease or
rental agreement, such lease or rental
agreement shall include the terms and
conditions under which the deposit or
portion thereof may be withheld by the
landlord upon termination of the lease or
rental agreement. If all or part of the
deposit may be withheld to indemnify the
landlord for damages to the premises for
which the tenant is responsible, or if all
or part thereof may be retained by the
landlord as a nonreturnable cleaning fee,
the rental agreement shall so specify. No
such deposit shall be withheld on account
of normal wear and tear resulting from
ordinary use of the premises. [ 1973 1st
ex.s. c 207 § 26.]
59. 18. 270
MONEYS PAID AS DEPOSIT OR \
SEfURI.'ll FOR f.tl!FORM!Nq ~X TENAli!=~::
IT BY LANDLORD IN TRUST ACCOUNT--RECEIPT-CLAIMS~ All moneys paid
the --landlord
by the tenant as a deposit as security for
performance of the tenant's obligations in
a lease or rental agreement shall promptly
be deposited by the landlord in a trust
account
in a bank,
savings and loan
association, mutual savings bank, or licensed escrow agent located in washington.
The landlord shall provide the tenant with,
a written receipt for the deposit and/
shall provide written notice of the name,
and address and location of the depositorl
and any subsequent change thereof. The
tenant's claim to any moneys paid under
this section shall be prior to that of any
creditor of the landlord,
including a
trustee in bankruptcy or receiver, even if
such moneys are commingled.
( 1973 1st
ex.s. c 207 § 27.]
to
59.18.280
MONEYS f!!Q AS DEP02I! Q]
Fog fERFORMANQ ~X U!ANI=-S~
~~!IT
AND NOTICE OF BASIS FOR RETENTION==
cesTs.--within--fourteen--days -aiter~he
termination of the rental agreement and
vacation of the premises the landlord
shall give a full and specific statement
of the basis for retaining any of the
deposit together with the payment of any
refund due the tenant under the terms and
conditions of the rental agreement. No
portion of any deposit shall be withheld
on account of wear resulting from ordinary
use of the premises.
~~fYRITY
]
59. 18.320
RESIDENTIAL LANDLORD-TENANT ACT
--------------------------------------------------------------------------------------The notice shall he delivered to the
tenant personally or by mail to his last
known address. If the landlord fails to
give such statement together with any
refund due the tenant within the time
limits specified above he shall be liable
to the tenant for the amount of refund
due.
In any action brought by the tenant
to recover the deposit, the prevailing
party shall additionally be entitled to
the cost of suit or arbitration including
a reasonable attorney's fee.
Nothing in this chapter shall preclude
the landlord from proceeding against, and
the landlord shall have the right to
proceed against a tenant to recover sums
exceeding the amount of the
tenant's
damage ,or security deposit for damage to
the property for which the tenant is
responsible together wittr reasonable attorney's fees. (1973 1st ex.s. c 207 §
28. ]
59.18.290
~AL QE E~£1Q~!ON Ql TEN~
!ID: I.S.Ql! .f.SE.!11~E.§.==H01QINQ Q.YEB Qll llCL.!ill.:
1]2
1A~OR~
1B.Qn
R!El!l.§.~
!11]E
J:ERMI]All.Ql! ..!2jTE.
(1)
It shall be unlawful for the landlord to remove or exclude
from
the premises the tenant thereof
except under a court order so authorizing.
Any tenant so removed or excluded in
violation of this section may recover
possession of the property or terminat€
the rental agreement and, in either case,
may recover the actual damages sustained.
The prevailing party may recover the costs
of suit or arbitration and reasonable
attorney's fees.
(2)
It shall be unlawful for the tenant
to hold over in the premises or exclude
the landlord therefrom after the termination of the rental agreement except under
a valid court order so authorizing.
Any
landlord so deprived of possession of
premises in violation of this section may
recover possession of the property and
damages sustained by him, and the prevailing party may recover his costs of suit or
arbitration
and
reasonable attorney's
fees. [1973 1st ex.s. c 207 § 29.)
59.18.300
TERMI]!J:JQN
Qf
TE~AN~.§.
Q!I1ITY .§.!BY!~-=1E~A~1 ~AUSJNG LO~~ Q1
1!lfDL.Q.!i!2 .fROliDEp QI!Yli .§.~.!i.!ill~~ It
shall be unlawful for a landlord
to
intentionally cause termination of any of
his tenant's utility services,
including
water, heat, electricity, or gas, except
for an interruption of utility services
for a reasonable time in order to make
necessary repairs. Any landlord who violates this section may be liable to such
tenant for his actual damages sustained by
him, and up to one hundred dollars for
each day or part thereof the tenant is
thereby deprived of any utility service,
and the prevailing party may recover his
costs of suit or arbitration and a reasonable attorney's fee. It shall be unlawful
for a tenant to intentionally cause the
1 97 3 RCii SUPP.
[
loss ot utility services provided by the
landlord, including water, heat, electricity or gas, excepting as resulting from
the normal occupancy of the premises.
(1913 1st ex.s. c 207 § 30. J
59.18.310
EQIE2~
IN .!iE~I==A~ANDQ~.:
!ENAliT-=1~E~1Qg~~~ ~~fi~
DEFAQ1I
~t~l==1IABI1ITY
OF
If the tenant defaults in the
payment of rent and reasonably indicates
by words or actions his intention not to
resume tenancy, he shall be liable for the
following for such abandonment~ PROVIDED,
That upon learning of such abandonment of
tHe premises the landlord shall make a
reasonable effort to mitigate the damages
resulting from such abandonment:
(1)
When the tenancy is month-to-month,
the tenant shall be liable for the rent
for the thirty days following either the
date the landlord learns of the abandonment, or the date the next regular rental
payment would have become due, whichever
first occurs.
(2)
When the tenancy is for a term
greater than month-to-month, the tenant
shall be liable for the lesser of the
following:
(a)
The entire rent due for the remainder of the term; or
(b)
All rent accrued during the period
reasonably necessary to rerent the premis~
es at a fair rental. plus the difference
between such fair rental and the rent
agreed to in the prior agreement.
In the event of such abandonment of
tenancy and an accompanying default in the
payment of rent by the tenant, the land•
lord may immediately enter and take possession of any property of the tenant
found on the premises and may store the
same in a secure place. A notice containing the name and address of landlord and
the place where the property is stored
must be mailed promptly by the landlord to
the last known address of the tenant.
After sixty days from the date of default
in rent, and after prior notice of such
sale is mailed to the last known address
of the tenant, the landlord may sell such
property and may apply any income derived
therefrom against moneys due the landlord,
including drayage and storage.
Any excess
income derived from the sale of such
property shall be held by the landlord for
the benefit of the tenant for a period of
one year from the date of sale, and if no
claim is made or action commenced by the
tenant for the recovery thereof prior to
the expiration of that peLiod of time, the
balan~e
shall be the property of the
landlord. ( 1973 1st- ex.s. c 207 § 31.]
59.18.320
ARBITRATION-AUTHORIZED~EXÂ
CEPTIONS HOTICE PROCEDQjE:----(1)----The
landlord and tenant may agree, in writing,
except as provided in RCW 59.18.230 (2)
(e), to submit to arbitration, in conformity with the provisions of this section,
603
)
LANDLORD AND TENANT
59.18.320
--------------------------------------------any controversy arising under the provisions
of
this
chapter,
except the
following:
(a)
controversies regarding the existence of defects covered in subsections
(1)
and
(2) of RCil 59.18.070:
PROVIDED,
That this exception shall apply
only
before the implementation of any remedy by
the tenant;
(b)
Any situation where court action
has been started by either landlord or
tenant to enforce rights under this chapter; when the court action substantially
affects the controversy. including but not
limited to:
(i)
Court action pursuant to subsections (2) and (3)
of RCW 59 •. 18.090 and
subsections
(1) and (2) of RCil 59.18.160;
and
(ii)
Any u~lawful detainer action filed
by the landlord pursuant to chapter 59.12
RCW.
(2)
The party initiating arbitration
under subsection (1) of this section shall
give reasonable notice to the other party
or parties.
(3)
Except as otherwise provided in
thi$
section, the arbitration process
shall be administered by any arbitrator
agreed upon by the parties at the time the
dispute arises:
PROVIDED, That the procedures shall comply with the requirements
of chapter 7.04 RCW (relating to arbitration)
and of this chapter.
( 1973 1st
ex.s. c 207 § 32. J
59.18.330
!~!!!IQN-=!RfLICA!!Q!==
-------------------------
contempt while in attendance at any hearing held hereunder, the arbitrator may
invoke the jurisdiction of any superior
court, and such court shall have jurisdiction to issue an appropriate order.
A
failure to obey such order may be punished
by the court as a contempt thereof.
(4)
Within five days after conclusion
of the hearing, the arbitrator shall make
a written decision upon the issues present~d~ a cop¥ of which sh~ll be mailed by
cert~f~ed
ma~l
or otherw~se delivered to
the parties or their designated representatives.
The determination of the dispute
made by the arbitrator shall be final and
binding upon both parties.
(5)
If a defective condition exists
which affects more than one dwelling unit
in a similar manner, the arbitrator may
consolidate the issues of fact common to
those
dwelling
units
in
a
single
proceeding.
(6)
Decisions of the arbitrator shall
be enforced or appealed according to the
provisions of chapter 7.04 RCW. ( 1973 1st
ex.s. c 207 § 33.]
59.18. 340
ARBITRATION--FEE.
The administrative ~ee--for -this -arbitration
procedure shall be seventy dollars, and,
unless otherwise allocated by the arbitrator,
shall be shared equally by
the
parties:
PROVIDED, That upon either party
signing an affidavit to the effect that he
is unable to pay his share of the fee,
that portion of the fee may be waived or
deferred. (1973 1st ex.s. c 207 § 34.]
HEARI]Q.§.~]~IS_!ONS.:.
(1)
Unless otherwise mutually agreed to, in the event a
controversy arises under RCW 59.18.320 the
landlord or tenant,
or both, shall complete an application for arbitration and
deliver it to the selected arbitrator.
(2)
The arbitrator so designated shall
schedule a hearing to be held no later
than ten days following receipt of notice
of the controversy, except as provided in
RCW 59.18.350.
(3)
The arbitrator shall conduct public
or private hearings.
Reasonable notice of
such
hearings shall be given to the
parties, who shall appear and be heard
either in person or by counsel or other
representative.
Hearings shall be informal and the rules of evidence prevailing
in judicial proceedings shall not
be
binding.
A recording of the proceedings
may be taken.
Any oral or documentary
evidence and other data deemed relevant by
the arbitrator may be received in evidence.
The arbitrator shall have the
power to administer oaths, to issue subpoenas,
to require the attendance of
witnesses and the production of
such
books,
papers, contracts, agreements, and
documents as may be deemed by the arbitrator material to a just determination of
the issues in dispu~e.
If any person
refuses to obey such subpoena or refuses
to be sworn to testify,
or any witness,
party,
or attorney is guilty of any
[ 604
59.18.350
ARBITRATION--COMPLETION
QI
!$BITRATION AFTER~GiviNG !fOT~E:--when a
party gives notice pursuant to subsection
(2) of RCW 59.18.320, he must, at the same
time,
arrange for arbitration of
the
grievance in the manner provided for in
this chapter. The arbitration shall be
completed before the rental due date next
occurring after the giving of
notice
pursuant to RCW 59.18.320:
PROVIDED, That
in no event shall the arbitrator have less
than ten days to complete the ~rbitration
process.
[1973 1st ex.s. c 207 § 35.]
59. 18.360
EXEMPTIONS.
A landlord and
tenant may agree;-rn--writing, to exempt
themselves from the provisions of RCW
59.18.060,
59.18.100,
59.18.110,
59.18.120,
59.18.130, and 59.18.190 if the
following conditions have been met:
(1)
The agreement may not appear in a
standard form lease or rental agreement;
(2)
There is no substantial inequality
in the bargaining position of the two
parties;
(3)
The exemption does not violate the
public policy of this state in favor of
the ensuring safe, and sanitary housing;
and
(4)
Either the local county prosecutor's office or the consumer protection
RESIDENTIAL LANDLORD-TENANT ACT
59.18.390
----------~---~--------------------------------------------~--~---~------------
division of the attorney general's office
or the attorney for the tenant has approved in writing the application for
exemption as complying with subsections
(1) through (3) of this section.
[1973
1st ex. s. c 207 § 36. )
59.18.370
lORClBLj
~1~
Q~
]!!!1!£;]
.Q]
UNLAWl.Q.t M!.AINER ACTIQ.ll§==!B.l1 Qf
m!lTUilON )PPL!~!IlQN-_Q!U?.~=lm!ItiNG..:.
The plaintiff, at the time of commencing
an action of fo~cible entry or detainer or
unlawful detainer, or at any time afterwards, upon filing the complaint, may
apply to the superior court in which the
action is pending for an order directing
the defendant to appear and show cause, if
any he has, why a writ of restitution
should not issue restoring to the plaintiff possession of the property in the
complaint described,
and the judge shall
by order fix a time and place for a
hearing of said motion, which shall not be
less than six nor more than twelve days
from the date of service of said order
upon defendant.
A copy of said order,
together with a copy of the summons and
complaint if not previously served upon
the defendant, shall be served upon the
defendant. Said order shall notify the
defendant that if he fails to appear and
show cause at the time and place specified
by the order the court may order the
sheriff to restore possession of
the
property to the plaintiff and may grant
such other relief as may be prayed for in
the complaint and provided by this chapt-er. [1973 1st ex.s. c 207 § 38.)
59.18.380
lQ]CIBL£; JNIB! QR ~!1]]]
QNLAW1UL Dj1AJN~~ A£I!QN§==!BJ1
Q1
!!~llTUT I ON-=: AN SW £!!t=Q!!.J2J!i=§T AL-=.ru2ND..:,.
At the time and place fixed for the
hearing of plaintiff's motion for a writ
of restitution, the defend~nt, or any
person in possession or claiming possession of the property, may answer, orally
or in writjng, and assert any legal or
equitable defense or set-off arising out
of the tenancy. If the answer is oral the
substance thereof shall be endorsed on the
complaint by the court. The court shall
examine the parties and witnesses orally
to ascertain the merits of the complaint
and answer, and if it shall appear that
the plaintiff has the right to be restored
to possession of the property, the court
shall enter an order directing the i~suÂ
ance of a writ of restitution, returnable
ten days after its date, restoring to the
plaintiff possession of the property and
if it shall appear to the court that there
is no substantial issue of material fact
of the right of the plaintiff to be
granted other relief as prayed for in the
complaint and provided for in this chapter, the court may enter an order ~nd
judgment granting so much of such relief
as may be sustained by the proof, and the
court may grant such other relief as may
Ql!
1973 RCW SUPP.
be prayed for in the plaintiff's complaint
and provided for in this chapter, then the
court shall enter an order denying any
relief sought by the plaintiff for which
the court has determined that the plaintiff has no right as a matter of law:
PROVIDED, That within three days after the
service of the writ of restitution the
defendant, or person in possession of the
property, may, in any action for the
recovery of possession of the property for
failure to pay rent, stay the execution of
the writ pendihg final judgment by paying
into court or to the plaintiff, as the
court directs, all reat found to be due
and all the costs of the action, and in
addition by paying, on a monthly basis
pending final judgment, an amount equal to
the monthly rent called for by the lease
or
rental agreement at the time the
complaint was filed:
PROVIDED FURTHER,
That befor~ any writ shall issue prior to
final judgment the plaintiff shall execute
to the defendant and file in the court a
bond in such sum as the court may order,
with sufficient surety to be approved by
the clerk, conditioned that the plaintiff
will prosecute his action without delay,
and will pay all costs that may
be
adjudged to the defendant, and all damages
which he may sustain by reason of the writ
of restitution having been issued, should
the same be wrongfully sued out.
The
court shall also enter an order directing
the parties to proceed to trial on the
complaint and answer in the usual manner.
If it appears to the court that the
plaintiff should not be restored to possession of the property, the court shall
deny plaintiff's motion for a writ of
restitution and enter an order directing
the parties to proceed to trial within
thirty days on the complaint and answer.
If it appears to the court that there is a
substantial issue of material fact as to
whether or not the plaintiff is entitl'eil
to other relief as is prayed for in
plaintiff's complaint and provided for in
this chapter, or that there is a genuine
issue of a material fact pertaining to a
legal or equitable defense or set-off
raised in the defendant's answer, the
court shall grant or deny so much of
p~aintiff•s
other relief sought and so
much of defendant's defenses or set-off
claimed, as may be proper.
[ 1973 1st
ex. s. c 207 § 39. ]
OR
59.18.390
UNLAWFUL
1QRCIBLE
DETAINER
ENTRX OR Q£;!~
ACTIONS--WRIT
OF
RESTITUTION--SERVICE::DEFENDAN~---BOND.
Thesh:eriffshall;uPoilreceiving thewrit
of restitution,
forthwith serve a copy
thereof upon the defendant, his agent, or
attorney. or a person in possession of the
premises, and shall not execute the same
for three days thereafter, and the defendant, or person in possession of the
premises
within three days after the
service of the writ of restitution may
execute to the plaintiff a bond to be
( 605 ]
LANDLORD AND TENANT
59.18.390
--------------------------------------------------------------------------------------filed with and approved by the clerk of
the court in such sum as may be fixed by
the judge, with sufficient surety to be
approved by the clerk of said court,
conditioned that they will pay to the
plaintiff such sum as the plaintiff may
recover for the use and occupation of the
said premises, ' or any rent found due,
together with all damages the plaintiff
may sustain by reason of the defendant
occupying or keeping possession of said
premises, together with all damages vhich
the court theretofore has awarded to the
plaintiff as provided in this chapter, and
also all the costs of the action.
The
plaintiff, his agent or attorneys, shall
have notice of the time and place where
the court or judge thereof shall fix the
amount of the defendant's bond, and shall
have notice and a reasonable opportunity
to examine into the qualification and
sufficiency of the sureties upon said bond
before said bond shall be approved by the
clerk. The writ may be served by the
sheriff, in the event he shall be unable
to find the defendant, an agent or attorney, or a person in possession of the
premises, by affixing a copy of said writ
in a conspicuous place upon the premises.
[ 1973 1st ex. s. c 207 § 40.]
forcible detainer or unlawful detainer for
the amount of damages thus assessed and
for the rent, if any. fou.nd due, and the
court may award statutory costs and reasona~le a~torney•s ~ees.
When the proceed~ng
1s for an unlawful detainer after
default in the payment of rent, and the
lease or agreement under which the rent is
payabl~ has
not by its terms expired,
execut~on
upon the judgment shall not be
issued until the expiration of five days
after the entry of the judgment, within
which time the tenant or any subtenant, or
any mortgagee of the term, or other party
interested in the continuance of
the
tenancy,
may pay into court for the
landlord the amount of the judgment and
costs, and thereupon the judgment shall be
satisfied and the tenant restored to his
tenancy; but if payment, as herein provided, be not made within five days the
judgment may be enforced for its full
amount and for the possession of the
premises. In all other cases the judgment
may be enforced immediately. If writ of
restitution shall have been executed prior
to judgment no further vrit or execution
for the premises shall be required, [1973
1st ex.s. c 207 § 42.)
59.18.400
FOR~]b]
~]1]!
Q] ~!AI]~]
OR QNLAWFQL Q]TAI!]] !£liONS--WRIT
Q!
RESTITUTION--ANSWER OF DEFENDANT. On or
day fixed -for~Is--appearance
the defendant may appear and answer. The
defendant in his answer may assert any
legal or equitable defense or set-off
ar1s1ng out of the tenancy.
[1973 1st
ex.s. c 207 § 41.)
22~12~1l1
betore-the
QB ~I~]
ACT£Qli.L-=.RB£I Ql
]~TITUTION--JUDGMENT--]!]£Q!£Q~~
If upon
the trial the verdict of the jury or, if
the case be tried without a jury, the
finding of the court be in favor of the
plaintiff and against the defendant, judgment shall be entered tor the restitution
of the premises: and if the proceeding be
for unlawful detainer after neglect or
failure to perform any condition or covenant of a lease or agreement under which
the property is held, or after default in
the payment of rent, the judgment shall
also declare the forfeiture of the lease,
agreement or tenancy.
The jury, or· the
court, if the proceedings be tried without
a
jury, shall also assess the damages
arising out of the tenancy occasioned to
the plaintiff by any forcible entry, or by
any forcible or unlawful detainer, alleged
in the complaint and proved on the trial,
and, if the alleged unlawful detainer be
after default in the payment of rent, find
the amount of any rent due, and the
judgment shall be rendered against the
defendant guilty of the forcible entry,
Q]
59.18.410
.!!]1AWFUL
IQBCI~] ~Ili!
Q]TAlN]]
[ 606
59.18.420
B£! 2~1l~Q90~ 22~1~~QQ~
!NQ 22-12.1]Q INAPPLI£!~1~~ The
provisions of RCW 59.12.090, 59.12.100,
59.12.121, and 59.12.170 shall not apply
to any rental agreement included under the
provisions of chapter 59.18 RCW. [1973
1st ex.s. c 207 § 44.)
59.18.900
~VE]!Bl1II!==J273 12! EX~~~
If any provision of this chapter,
or
its application to any person or
circumstance is held invalid, the remainder of the act, or its application to
other persons or circumstances, is not
affected. [1973 1st ex.s. c 207 § 37.)
£
20~
TITLE 60
LIENS
sections added, amended, or repealed:
ChgE!~£ §Q~Qi ~echgnic2~
~!!!.2 .Uill12.:..
60.04.200
60.04.210
60.04.220
~s!~!is1=
Interim or construction financing--Definitions.
Interim or construction financing--Notice of lien--Duty of
lender to withhold from dis•
bursements--Liabilities of
lender and lien claimant.
Interim or construction financing--Priorities.
£hsE!~£ §Q~~.§
,tie.n I.QI 1s£.2h ~tg:ial2.£
Public ~rk.§.:.
~ Q!!
]
sn£
MECHANICS' AND MATERIALMEN'S LIENS
60.04.210
--------------------------------------------------------------------------------------60.28.080
Delay due to litigation--Change
order or force account directive--Costs--Arbitration-Termination.
Chapter 60.04
MECHANICS' AND MATERIALMEN'S LIENS
FI60.04.200
fliiER!H Q~ fQ!~I~Q~TION -..l!!i:!CI NG _J2llili.ll.Ql!~.
As us:d in this
shall
chapter,
the follow~ng mean~ngs
apply:
(1)
"iender" means any person or entity
regularly providing interim or construction financing.
(2) ~Interim or construction financing"
means that portion of money secured by
mortgage, deed of trust, or other encumbrance to finance construction of improvements
on,
or
development
of,
real
property, but does not include:
(a)
Funds to acquire real property:
(b)
Funds to pay interest, insurance
premiums, lease deposits, taxes, assessments, or prior encumbrances;
(c)
Funds to pay loan, commitment, title, legal, closing, recording or appraisal fees:
(d)
Funds to pay other customary fees:
which pursuant to agreement with the owner
or borrower are to be paid by the lender
from time to time:
(e)
Funds to acquire personal property
for which the potential lien claimant may
not claim a lien pursuant to chapter 60.04
RCii.
(3)
"Owner" means the record holder of
the legal or beneficial title to the real
property to be improved or developed.
(4)
"Potential lien claimant" means any
person or entity entitled to assert lien
rights pursuant to this chapter and has
otherwise complied with the provisions of
this
chapter and the requirements of
chapter 18.27 RCii if required by the
provisions thereof.
(5)
"Diaws" means periodic disbursements of interim or construction financing
by a lender. [1973 1st ex.s. c 47 § 1.1
.§~g,g.Qj.lity
1973 1§! ~§.:. £
47i "If
any provision of this 1973 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." [1973 1st ex.s. c 47 § 4.] This
applies to RCW 60.04.200-60.04.220.
60.04.210
INTERIM OR CONSTRUCTIOF FIlf.A!iCING::-NOT,ICE OF LI~M- jiUTI-OF LENJ2ER .IQ
lli!lliOL.Q fiOl'l .QliBU~~EM£!ID==1l!BI1ITIE.§
Qf 1EN~~] !ND 1~ £1AIMANI.:. Any lender
providing interim or construction financing where there is not a payment bond of
at least fifty percent of the amount of
construction financing shall observe the
following procedures:
1973 RCW SUPP.
(1}
Draws against construction financing shall be made only after certification
of job progress by the general contractor
and the owner or his agent in such form as
may be prescribed by the lender.
(2)
Any potential lien claimant who has
not received a payment within twenty days
after the date required by his contract or
purchase order may within twenty days
thereafter
file a
noti~e
as provided
herein of the sums due and to become due,
for which a
potential lien claimant may
claim a lien under chapter 60.04 FCW.
(3)
The notice must be filed in writing
with the lender at the office administering the interim or construction financing,
with a copy furnished to the owner and
appropriate general contractor.
The no•
tice shall state in substance and effect
that such person, firm or corporation has
furnished labor, materials and supplies,
or supplied equipment for which right of
lien is given by this chapter, with the
name of the general contractor, agent or
person ordering the same, a common or
street address of the real property being
improved or developed, or if there be none
the legal description of said real proper~
ty, description of the labor, or material
furnished,
or equipment leased, the name,
business address and telephone number of
said lien claimant which notice shall be
given by mailing the same by registered or
certified mail, return receipt requested.
(4)
After the receipt of such notice,
the lender shall withhold from tke next
and subsequent draws
such
percentage
thereof as is equal to that percentage of
completion as certified in subsection
(1)
of this section, which is attributable to
the potential lien claimant as of the date
of the certification of job progress for
the draw in question less
contracted
retainage.
The percentage of completion
attributable to the lien claimant shall be
calculated from said certification Jf job
progress, and shall be reduced to reflect
any sums paid to or withheld for the
potential lien claimant.
Alterna~ively,
the lender may obtain from the general
contractor or borrower a payment bond for
the benefit of the potential lien claimant
in such sum.
(5)
Sums so withheld shall not be disbursed by the lender except by the written
agreement of the potential lien claimant,
owner and general contractor in such form
as may be prescribed by the lender, or the
order
of
a
court
of
competent
jurisdiction.
(6}
In the event a lender fails to
abide by the ~revisions of subsections (4)
or (5) of this secti:on, then the mortgage,
deed of trust or other encumbrance securing the lender will be subordinated to the
lien pf the potential lien claimant to the
extent of the interim or construction
financing wrongfully disbursed, but in no
event in an amount greater than the sums
ultimately determined to be due the potential lien claimant by a court of competent
[ 607 ]
60.04.210
LIENS
-----------------------------------------------------------------------------------jurisdiction, or more than the sum stated
in the notice, whichever is less.
(7)
Any potential lien claimant shall
be liable for any loss, cost or expense,
including reasonable attorney fees, to the
party injured thereby arising out of any
unjust. excessive or premature notice of
claim. [ 1973 1st ex. s. c 47 § 2.]
of the delay.
Amounts retained and accumulaxed under RCW 60.28.010 shall be held
for a period of thirty days following the
election of the contractor to terminate
Election not to terminate the contract
the contractor shall not affect the accumulation of costs incurred as a result of
the delay provided above.
(2)
This section shall not apply to any
contract awarded pursuant to an invitation
for bid issued on or before July 16, 1973.
[1973 1st ex.s. c 62 § 3.]
b;
60.04.220
INTERIM OR CONSTRUCTION FI]A!iCING=.fRIORITIES~ -Except as provided
in RCW 60.04.050 or in RCW 60.04.200
through 60.04.220 any mortgage or deed of
trust shall be prior to all liens,
mortgages, deeds of trust and other encumbrances which have not been recorded prior
to the recording of such mortgage or deed
of trust to the extent of all sums secured
by such mortgage or deed of trust regardless of when the same are disbursed or
whether such disbursements are obligatory.
[1973 1st ex.s. c 47 § 3.]
~gllg£ili!Y=.ll11
121
.§!~.!. £ §.ll
note following RCW 39.04.120.
See
cross Reference:
Pollution and preservation of natural
resources laws to be included in hid
invitations, change orders, costs: RCW
39.04.120.
TITLE 62A
UNIFORM COMMERCIAL CODE
Chapter 60. 28
LIEN FOR LABOR, MATERIALS, TAXES ON PUBLIC
Sections added, amended, or repealed:
WORKS
60.28.080
DELAY .!l!!l TO LITIGATION-:
CHA.lffilj .Q!illll OR L@CE ,ACCOUNT QIRECTll.k=
~OSTS-p.RBITR.A!IQJL-::!l!!l!U!!llQ!!.:..
( 1)
Part I
SHORT TITLE AND GENERAL MATTERS
If
any delay in issuance of notice to proceed
or in construction following an award of
any public construction contract is primarily caused by acts or omissions of
persons or agencies other than the contractor and a preliminary, special or
permanent restraining order of a court of
competent jurisdiction is issued pursuant
to litigation and the appropriate public
contracting body does not elect to delete
the completion of the contract or order
funds reserved paid to the contractor as
provided by RCW 60.28.010 (3)
and 60.28.070 respectively, the appropriate contracting body will issue a change order or
force account directive to cover reasonable costs incurred by the contractor as a
~esult
of such delay.
These costs shall
include but not be limited to contractor's
costs for wages, labor costs other than
wages, wage taxes,
materials, equipment
rentals, insurance, bonds, professional
fees, and subcontracts, attributable to
such delay plus a reasonable sum for
overhead and profit.
In the event of a dispute between the
contracting body and the contractor, arbitration procedures may be commenced under
the applicable terms of the construction
contract, or, if the contract contains no
such provision for arbitration, under the
then
obtaining rules of the American
Arbitration Association.
If the delay caused by litigation exceeds six months, the contractor may then
elect to terminate the contract and to
delete the completion of the contract and
receive
payment in proportion to the
amount of the work comrleted plus the cost
[
62A.8-102
Definitions
definitions.
and
index
of
Article 8
INVESTMENT SECURITIES
Part I
SHORT TITLE AND GENERAL MATTERS
62A.8-102
~EFINITIO!!§
Ali~
INDEX Q!
Q!fllil!IQ!~.!.
(1)
In this Articre-unless
the context otherwise requires
(a) A "security 11 is an instrument which
(i) is issued in bearer or registered
form; and
(ii) is of a type commonly dealt in upon
securities exchanges or markets or commonly recognized in any area in which it is
issued
or dealt in as a medium for
investment; and
(iii) is either one of a class or series
or by its terms is divisible into a class
or series of instruments; and
(iv) evidences a share, participation or
o~her
interest in property or in an
enterprise or evidences an obligation of
the issuer.
(b) A writing which is a security is
governed
by this Article and not by
Uniform Commercial Code-Commercial Paper
even though it also meets the requirements
of that Article. This Article does not
apply to money.
(c) A security is in 11 registered form"
when it specifies a person entitled to the
security or to the rights it evidences and
608
]
UNCLAIMED PROPERTY IN HANDS OF CITY OR TOWN
63.36.010
-------------------------~---------~--------------------------~----------------------
when its transfer may be registered upon
books maintained for that purpose by or on
behalf of an issuer or the security so
states.
(~ A security is in "bearer form"
when
it runs to bearer according to its terms
and not by reason of any indorsement.
(2) A "subsequent purchaser" is a person
who takes other than by original issue.
(3) A "clearing corporation"
(a) At least ninety percent of the capital stock of which is held by or for one
or more persons (other than individuals),
each of whom
(i) is subject to supervision or regulation pursuant to the provisions of federal
or state banking laws or state insurance
laws, or
{ii) is a broker or dealer or investment
company registered under the Securities
Exchange Act of 1934 or the Investment
company Act of 1940, or
(iii) is a national securities exchange
or associaticn registered under a statute
of the United State~ such as the Securities Exchange Act of 1934; and none of
wnom, other than a national securities
exchange or association, holds in excess
of twenty percent of the capital stock of
such corporation; and
(b) Any remaining capital stock of which
is held by individuals who have purchased
such capital stock at or prior to the time
of their taking office as directors of
such corporation and who have purchased
only so much of such capital stock as may
be necessary to permit them to qualify as
such directors.
(4) A "custodian bank" is any bank or
trust company which is supervised and
examined by state or federal authority
having supervision over banks and which is
acting as custodian
for
a
clearing
corporation.
(5) Other definitions applying to this
Article or to specified Parts thereof and
the sections in which they appear are:
"Adverse claim". RCW 62A.8-301.
"Bona fide purchaser". RCW 62A.8-302.
"Broker". RCW 62A.8-3U3.
"Guarantee of the signature". RCW 62A.8402.
"Intermediary bank". RCW 62A.U-105.
"Issuer". RCW 62A.8-201.
"Overissue". RCW 62A.8-104.
(6) In addition Article 1 contains general definitions and principles of construction and interpretation applicable
throughout this Article. [1973 c 98 § 1;
1965 ex.s. c 157 § 8-102. ct. former RCW
62.01.001; 1955 c 35 § &2.01.001; prior:
1899 c 149 § 1; RRS § 3392.]
TITLE 63
PERSONAL PROPERTY
Sections added, amended, or repealed:
,S;;ha~~I
63.31
QnclaiJ!!~.Q g~E§Ill
Qt .fd.li g.QliCS1.:.
197 3 RCW SUPP.
in Ha.n.Q§
63.32.010
fha£1§£
Sale authorized.
&1~12
QI
63.36.010
63.36.020
YD£1siJ!!§g fiQE§f!Y in
~ill QI
I.Qwn.
Publication and contents of notice of unclaimed personal
property or moneys.
Sale authorized--Notice.
~s£1§£ ~~Q. !!!!£12iJ!l§g f.IQ~
QI ~hgritl.:.
63.10.010
~!!Q§
in Hand§
Sale authorized--Exception~
Time limitation before sale.
Chapter 63.32
UNCLAIMED PROPERTY IN HANDS OF CITY POLICE
63.32.010
~!1~
AQ!llQRIZ~.:.
Whenever
any personal property shall come into the
possess~on
of the police authorities of
any city in connection with the official
performance
of their duties and said
personal property shall remain unclaimed
or not take~ away for a period of sixty
days from date of written notice to the
owner thereof, if known, and in all other
cases for a period of sixty days from the
time said property came into the possession of the police department, unless said
property has been held as evidence in any
court, then, in that event, after sixty
days from date when said case has been
finally disposed of and said proper~y
released as evidence by order of the
court, said city may at any time thereafter sell said personal property at public
auction to the highest and best bidder for
cash in the manner hereinafter provided.
[1973 1st ex.s. c 44 § 1; 1939 c 148 § 1;
1925 ex.s. c 100 § 1; RRS § 8999-1.]
Chapter 63.36
UNCLAIMED PROPERTY IN HANDS OF CITY OR
TOWN
63.36.010
PUBLIC!IIQ! !ND fQ!TE!TS QI
NOTICE OF UNCLAIMED PERSONAL PROPERTY OR
MoNEY~.:.-afiy-Ufic1aiied-persona1
property or moneys in the possession of
the governing authority of any city or
town, or department or agency thereof,
have not been claimed for a period of
sixty days or more from the date the
property first came into such possession
or from the date the moneys first
became
payable or returnable, the governing authority shall cause a notice to be published at least once a week for two
successive weeks in a newspaper of general
circulation in the county in which such
city or town is located.
The notice shall
set forth the name, if known, and the
last known address, if a.ny, of each person
appearing from the records of the governing authority to be the owner of any such
unclaimed money or personal property; a
[ 609 ]
whenever-
63.36.010
PERSONAL PROPERTY
----------------~------------------------------------------------
brief statement concerning the amount of
money or a description of the personal
property; and the name and address of the
gove~ning
authority, department or agency
possessing the money or personal property
and the place where it may be claimed.
[1973 1st ex.s. c "4 § 2; 1959 c 289 § 2.]
63. 36.020
~li] lJ!IJjQBIZED=l!~L.
If
the owner of, or other person having a
claim to, any such personal property or
money does not claim the property or money
within ten days after the last date the
notice was published, such governing authority shall cause any such personal
property to be sold at public auction
pursuant to a public notice published in a
newspaper of 9eneral circulation within
the city or town at least ten daJS prior
thereto.
The notice shall state the day,
time, and place of sale and contain a
description of the personal•property to be
sold. ( 1973 1st ex.s. c 44 § 3; 1959 c
289 § 3. J
Chapter 63.40
UNCLAIMED PROPERTY IN HANDS OF SHERIFF
63.40.010
SAL.£; !QllQBIZED-,!;!illiiON::
BEFOD.£; §A~ Whenever any
personal property, other than vehicles
governed by chapter 46.52, shall come into
the possession of the sheriff of any
county in connection with the official
performance of his duties and said personal property shall remain unclaimed or not
taken away for a period of sixty days from
date
of written notice to the owner
thereof, if known, and in all other cases
for a period of sixty days from the time
said property came into the possession of
the sheriff's office, unless said property
has been held as evidence in any court,
then, in that event, after sixty days from
date when said case has been finally
disposed of and said property released as
evidence by order of the court, said
county sheriff may at any time thereafter
sell said personal property at public
auction to the highest and best bidder for
cash in the manner hereinafter provided.
( 19 73 1st ex. s. c 4" § 4; 1961 c 104 § 1. ]
IlnE
~I!IIQ]
TITLE 65
RECORDING, REGISTRATION, AND LEGAL PUBLICATION
Sections added, amended, or repealed:
f~~~ s2~
Registrs1i£~
litl~§~
(T9r£~Q2
of
A£1l
65.12.235
65.12.660
65.12.790
1~~
ChA£ill
65~
65.16.090
1~al Publi,ation~
Publication fees.
Chapter 65. 12
REGISTRATION OF LAND TITLES
(TORRENS ACT)
65.12.235
f!]!Ill&!Il Ql ~!IHRD!!A~·
Upon the filing of such application and
the payment of a fee of five dollars. the
registrar of titles, if it shall appear
that the application is signed and acknowledged by all the registered owners of
said land, shall issue to the [applicant]
a certificate in substantially the following form:
This is
to
certify,
That
- - - - - - - - - - - - - - - - - - the owner (or
ow-ners) 1n fee simple of the following
described lands situated in the county of
---------------' state of Washington, the
title to which has been heretofore registered under the laws of the state of
Washington, to wit: (here insert description of the property) , having heretofore
filed his (or their) application for the
withdrawal of the title to said lands from
the registry system; NOW, THEREFORE, The
title to said above described lands has
been withdrawn from the effect and opera•
tion of the title registry system of the
state of Washington and the owner (or
owners) of said lands is (or are) by law
authorized to contract concerning, convey,
encumber or otherwise deal with the title
to said lands in the same manner and to
the same extent as though said title had
never been registered.
Witness my hand and seal this
day
of _ _ _ _ _ , 19__
---Regi5ter~Ities-ior
- - - - - - - - - county.
[1973 c 121 §
10660.)
1;
1917
c
62
§
4;
RRS
65.12.660
ASSURANCE FUND.
Upon the
original registration of
under this
chapter, and also upon the entry of the
certificate showing title as registered
owners in heirs or devisees, there shall
be paid to the registrar of titles, one~
fortieth of one percent of the assessed
value of the real estate on the basis of
the last assessment for general taxation,
as an assurance fund. ( 1973 1st ex.s. c
195 § 75; 1907 c 250 § 82; RRS § 10711.]
Certificate of withdrawal.
Assurance fund.
Fees of registrar.
( 610 ]
rana-
TITLE 66
DIGEST OF TITLE
---------------------------------------------------~---------------------
65.12.790
11]~ Ql ]EQ1~B!~~
The fees
to be paid to the registrar of titles
shall be as follows:
(1) At or before the time of filing of
the certified copy of the application with
the registrar, the applicant shall pay, to
the registrar, on all land having an
assessed value, exclusive of improvements,
of one thousand dollars or less, thirtyone and one~quarter cents on each one
thousand dollars, or major fraction thereof, of the assessed value of said land,
additional.
(2)
For granting certificates of title,
upon eacti applicant, and registering the
same, two dollars.
(3)
For registering each transfer, including the filing of all instruments
connected therewith, and the issuance and
registration of the instruments connected
therewith, and the issuance and registration of the new certificate of title, ten
dollars.
(4)
When the land transferred is held
upon any trust, condition, or limitation,
an additional fee of three dollars.
(5) For entry of each memorial on the
register, including the filing of all
instruments and papers connected therewith,
and endorsements upon duplicate
certificates, three dollars.
(6)
For issuing each additional owner's
duplicate certificate, mortgagee's duplicate certificate, or lessee'S duplicate
certificate, three dollars.
(7) For filing copy of will, with letters testamentary, or filing copy
of
letters of administration, and entering
memorial thereof, two dollars and fifty
cents.
(8} For the cancellation of each memorial, or charge, one dollar.
(9)
For each certificate shoving the
condition of the registerp one dollar.
(10)
For any certified copy of any
instrument or writing on file in his
office, the same fees nov allowed by law
to county clerks and county auditors for
like service.
(11)
For any other service required, or
necessary to carry out this chapter, and
not hereinbefore itemized, such fee or
fees as the court shall determine and
establish.
(12)
For registration of each mortgage
and issuance of duplicate of title a fee
of five dollars; for each deed of trust
and issuance of duplicate of title a fe~
of eight dollars. (1973 1st ex.s. c 195 ~
76; 1973 c 121 § 2; 1907 c 250 § 95; RRS §
10724.]
Chapter 65.16
LEGAL PUBLICATIONS
65.16.090
fQBLlf!IIO!
~~~~
Where
publication of legal notices is required
or allowed by law, the person or officer
desiring the publication shall pay on a
basis of four dollars and twenty cents per
folio of one hundred words for the first
insertion and three dollars and fifteen
cents per folio of one hundred words for
each subsequent insertion, or its equivalent in number of words:
PROVIDED, That a
newspaper having a circulation of over
fi£teen thousand copies each issue may
charge such additional rate as it deems
necessary and
just and any person or
officer authorizing the publication of a
legal notice in such newspaper may legally
pay such rate as is charged by
it:
PROVIDED FURTHER, That this section shall
not apply to the amount to be charged for
the publication of a legal notice or
advertisement for a school district, city,
town, county,
state, municipal, or quasi
municipal corporation or the United States
government.
(1973 1st ex.s. c 28 § 2;
1967 ex.s. c 57 § 1; 1955 c 186 § 1;
1947
c 140 § 1; 1921 c 99 § 4; Rem. Supp. 1947
§ 253-4. J
TITLE 66
ALCOHOLIC BEVERAGE CONTROL
Sections added, amended, or repealed:
£hg,£ter
§.§.£.~
66.08.070
termi=
gstes--· Constru£tion 1211 1§1 ~~
See notes following RCW 84.52.043.
1973 RCW SUPP.
[ 611
~Q~rd--Gen.:.
Purchase of liquor by board-Consignment not prohibited.
ch~.E.Ur .2.2~12
66.16.040
66.20.160
66.20.170
66,20.180
66.20.2~0
]
~ta~
Lig.Y.QJ;:
.§!Qr~§..!..
Sales of liquor by employees-Identification cards--Permit
holders--sales for cash.
£h~tgr 2~20
66.20.200
~ever~~ilitv--Effecti~ gg!~§ ~DS
1llill!r Co.ni!:Ql
eraJ. R!:Qvisions.
66.20.190
~ig~
£ 122~
-----
t.i!IJ!Q!: Permith
"Card of identification", "licensee", "store employee" defined for certain purposes.
Card of identification may be
accepted as identification card
and evidence of legal age.
Card of identification to be
presented on request of
licensee.
Identification card holder must
sign certification card--Con•
tents--Procedure.
Unlawful acts relating to card
of identification and certification card--Penalty.
Licensee's immunity to prosecution or suit--Certification
card as evidence of good'faith.
ALCOHOLIC BEVERAGE CONTROL
TITLE 66
-------------------------------~------------------------------~jg,g1g£ &b.1~
66.24.010
66.24.025
66.24.120
66.24.206
66.24.210
66.24.270
66.44.330
li£~!!2~=~ll.!!ill ~..!.
Issuance, transferability, refusal, suspension, cancellation, hearings, procedure-Duration--conditions and restrictions--Posting--Notice to
local authorities--Proximity to
churches, schools, etc.
Assignment of license--Fee-Exception.
Vacation of suspension on payment of penalty.
Certificate of approval required for out-of-state winery
or manufacturer of wine or
importer of wine produced outside United states--Reports-Agreement with board--Fee.
Imposition of tax on all wines
sold to wine who~esalers and
liquor control board.
Manufacturers• monthly report
to board of sales made to beer
wholesalers--Certificate of approval and report for out-ofstate or imported beer--Fee.
Beer retailer's license--Class
.§~~bili!y" J.273 1§! ~hh £ ~091, "If
any phrase, clause, subsection or section
of this 1973 amendatory act shall be
declared unconstitutional or invalid by
any court of competent jurisdiction, it
shall be conclusively presumed that the
legislature would have enacted this 1973
amendatory act without the phrase, clause
subsection or section so held unconstitu:
tional or invalid and the remainder of the
act shall not be affected as a result of
said part being held unconstitutional or
invalid." [1973 1st ex.s. c 209 § 21.]
~.t:~cti!~ gate--1973 12! ~.:.
g ~09,i.
"This 1973 amendatory 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 ~ffect
July 1, 1973. 11 ( 197 3 1st ex .s. c 209 §
22. ]
The foregoing annotations apply to RCW
66.08.070, 66.16.040, 66.20.160-66.20.210,
66.24.010, 66.24.025,
66.24.120, 66.24.206,
66.24.270,
66.24.330, 66.24.370,
66.24.380, 66.24.500, 66.44.320, and to
the repeal of RCW 66.44.230.
B.
66.24.370
66.24.380
66.24.500
Wine retailer's license--Class
F.
Special beer license--Class G.
Special occasion wine retailer's license--Class J--Fee.
£~~ ~~
66.44.230
66.44.316
66.44.320
Enf2~£~~z
Chapter 66.16
STATE LIQUOR STORES
66.16.040
~!1~ Qf 11QUOS ~!
~~R&QI=
EE.§_-=IQ~!Ill1~!I1Q!
~ABQ~~~~II
HOb~~
ER~=-S£1~ EQ] £ASll.:.
Except as otherwise
fgnsltie§..!.
provided by law,
an employee in a state
liquor store or agency may sell liquor to
any
person of legal age to purchase
alcoholic beverages as provided in chapter
100,
Laws of 1973 and may also sell to
holders of permits such liquor as may be
purchased unde~ such permits.
Where tb.ere may be a question of a
person• s
right to purchase liquor by
reason of his age, such person shall be
required to present any one of the following officially issued cards of identification which shows his correct age and bears
his signature and photograph:
(1)
Liquor control authority card of
identification of any state.
{2)
Driver's license of any state or
"identicard" issued by the
Washington
state department of motor vehicles pursuant to RCW 46.20.117.
(3)
Unitea_ States active duty military
identification.
(4)
Passport.
The board may adopt such regulations as it
deems proper covering the acceptance of
such cards of identification.
No liquor sold under this section sha~l
be delivered until the purchaser has pa~d
for the liquor in cash.
[1973 1st ex.s. c
209 § 3; 1971 ex.s. c 15 § 1; 1959 c 111 §
1; 1933 ex.s. c 62 § 7; RRS § 7306-7.]
Admitting, employing, or furnishing liquor to, previously
convicted or intoxicated person
or common drunkard.
Musicians eighteen years and
over permitted to enter and
remain upon licensed premises
during employment.
Sales of liquor to minors a
violation.
Chapter 66.08
LIQUOR CONTROL BOARD--GENERAL PROVISIONS
66.08.070
PURCHAS~
~OAR~NSIGNMENT
liQ!
Ql
L~QQOR
~~
fROli!]IT~
(1)
Every order for the purchase of liquor
shall be authorized by the board, and no
order for liquor shall be valid or binding
unless it is so authorized and signed by
the board or its authorized designee.
(2)
A duplicate of every such order
shall be kept on file in the office of the
board.
(3)
All cancellations of such orders
made by the board shall be signed in the
same manner and duplicates thereof kept on
file in the office of the board.
Nothing
in this title shall be construed
as
preventing the board from accepting liquor
on consignment.
[1973 1st ex.s. c
209 §
1; 1933 ex.s. c 62 § 67; RRS § 7306-67.)
(
~~verabill:::tY=Effe£11!~ date-1973
g..!.h £ 209;_
see notes -follOwing
66.08.070.
612
]
lli
RCW
66.20.200
LIQUOR PERMITS
-------------~-----------------~------------------------------------------------------igy~~ note:
Chapter 100, Laws of
1973 referred to in Lhe first paragraph
was referred to and rejected by the people
at the 1973 state general election (Referendum Measure No. 36) •
66.20.190
~Q~! ~IGj
Chapter 66.20
LIQUOR PERMITS
66.20.160
~CA~~
OF
~I!JCAIION 11 ~
~UCEID~~~ ~~ill!~ EM~1Q!£!~
Ql!!llll !QB
PURPOSES.
Words and phrases as
u~In Rcw-66:20:160 to 66.20.210, inclusive, shall have the following meaning:
ncard of identification" means any one
of those cards described in RC~ 66.16.040.
"Licensee" means the holder Df a retail
liquor license issued by the board, and
includes any employee or agent of the
licensee.
"Store employee 11 melns a person employed
in a state liquor store or agency to sell
liquor. (1973 1st ex.s. c 209 § 4;
1971
ex.s. c 15 § 2; 1959 c 111 § 4; 1949 c 67
§ 1; Rem. Supp. 1949 § 7306-19A.]
CERTAIN
~~ability
§~~
g
lQ~~
E!t~ii~§
See
notes
Qs!§--197J 1§!
following RCW
PRQ~liQYgE~
In addition to the presentation by the holder and verification by the
licensee or store employee of such card of
identification, the licensee or
store
employee shall require the person whose
age may be in question to sign a certification card and record an accurate description and serial number of his card of
identification thereon.
Such statement
shall be upon a five-inch by eight-inch
file card, which card shall be filed
alphabetically by the licensee or store
emp~oyee
at or before the close of business on the day on which the statement is
executed, in the file box containing a
suitable alphabetical index and the card
shall be subject to examination by any
peace officer or agent or employee of the
board at all times. [1973 1st ex.s. c 209
§ 7; 1971 ex.s. c 15 § 5; 1959 c 111 § 7;
1949 c 67 § 4; Rem. Supp. 1949 § 730619D. ]
seve~sBi1i!Y==£!ifect1~~
66.08.070.
ex.s.
c
209:
66:oa. o7o. --CARQ QI JQ]]!IFJ£!IIO! ~!!
~£! ACQ.f.I~Q
A.§ .IQf!!TIFICATION
CARD AN]
l!ll~NCE
.Ql: LE~A1 ~1L:.
A card of identification may for tne purpose of this title
and for the purpose of procuring liquor,
be accepted as an identification card by
any licensee or store employee and as
evidence of legal age of the
person
presenting such card, provided the licens•
ee or store employee complies with the
conditions and procedures prescribed herein and such regulations as may be made by
the board.
(1973 1st ex.s. c 209 § 5;
1971 ex.s. c 15 § 3; 1959 c 111 § 5;
1949
c 67 § 2; Rem. Supp. 1949 § 7306-19B.)
fAB~
noLQ~B
fARD==~Q]!~NT~==
IDENTIFIC!TIQ!
~£!liTIIICA!JON
See
notes
.Qs1~1211
1§!
following RCW
66.20.170
.§everability--Effec!i~
~1~ £
202~
See notes
Qg!g_--197 3
following
.1§1
RCW
66.08.070.
66.20.180
CARD OF IDENTIFICATION TO BE
.fllaJITED Q!f REQUEST QI bicE!i~n~ Acard
of identification shall be presented by
the holder thereof upon request of any
licensee, store employee, peace officer,
or enforcement officer of the board for
the purpose of aiding the licensee, store
employee, peace officer, or enforcement
officer of the board to determine whether
or not such person is of legal age to
purchase liquor when such person desires
to procure liquor from a licensed establishment or state liquor store or agency.
(1973 1st ex.s. c 209 § 6; 1971 ex.s. c 15
§ 4; 1959 c 111 § 6; 1949 c 67 § 3;
Rem.
Supp. 1949 § 7306-19C.]
1973 RCW SUPP.
66.20,200
UNLAW!Q1 ACTS RE1!II!~ IQ
Qf !Q£!!fTI~TION !]Q CERTIFICATION
CARD--PENALTY. It shall be unlawful--for
the--owner--of a card of identification to
transfer the card to any other person for
the purpose of aiding such person to
procure alcoholic beverages from any licensee or store employee.
Any person who
shall permit his card of identification to
be used by another or transfer such car&
to another for the purpose of aiding such
transferee to obtain alcoholic beverages
from a licensee or store employee, shall
be
guilty of a misdemeanor and upon
conviction thereof shalL be s~ntenced to
pay a fine of not more than one hundred
dollars or imprisonment for not more than
thirty days or both.
Any person not
entitled thereto who unlawfully procures
or has issued or transferred to him a card
of identification, and any person who
possesses a card of identification not
issued to him, and any person who makes
any false statement on any certification
card required by RCW 66.20.190, as now or
hereafter amended, to be signed by him,
shall be guilty of a misdemeanor and upon
conviction thereof shall be sentenced to
pay a fine of not more than one hundred
dollars or imprisonment for not more than
thirty days or both. (1973 1st ex.s. c
209 § 8; 1971 ex.s. c 15 § 6; 1969 ex.s. c
178 § 2; 1959 c 111 § 8; 1949 c 67 § 5;
Rem. supp. 1949 § 7306-19E.]
gA~Q
[ 613 ]
66.20.200
ALCOHOLIC BEVERAGE CONTROL
(f)
A corporation, unless all of the
officers
thereof are citizens of the
United States.
(3)
The board may, in its discretion
subject to the provisions of RCW 66.08:
.150, suspend or cancel any license; and
all rights of the licensee to keep or sell
liquor thereunder shall be suspended or
terminated, as the case may be. The board
may appoint examiners who shall have power
to administer oaths, issue subpoenas for
the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses,
and to receive testimony in any inquiry,
inqestigation, hearing, or proceeding in
any part of the state, under such rules
ana regulations as the board may adopt.
Witnesses shall be allowed fees at the
rate of four dollars per day, plus ten
cents per mile each way.
Fees need not be
paid in advance of appearance of witnesses
to testify or to produce books, records,
or other legal evidence.
In case of disobedience of any person to
comply with the order of the board or a
subpoena issued by the board, or any of
its members, or examiners, or on the
refusal of a witness to testify to any
matter regarding which he may be lawfully
interrogated, the judge of the super~or
court of the county in which the person
resides, on application of any member of
the board or examiner, shall compel obedi•
ence by contempt proceedings, as in the
case of disobedience of the requirements
of a subpoena issued from said court or a
refusal to testify therein.
(4)
Upon receipt of notice of the suspension or cancellation of a license, the
licensee shall forthwith deliver up the
license to the board. Where the license
has been suspended only, the board shall
return the license to the licensee at the
expiration or termination of the period of
suspension,
with a memorandum of the
suspension written or stamped upon the
face thereof in red ink. The board shall
notify all vendors in the city or place
where the licensee has its premises of the
suspension or cancellation of the license;
and no employee shall allow or cause any
liquor to be delivered to or for any
person at the premises of that licensee.
(5)
Unless sooner canceled, every license issued by the board shall expire at
midnight of the thirtieth day of June of
the fiscal year for which it was issued.
(6)
Every license issued under this
section shall be subject to all conditions
and restrictions imposed by this title or
by the regulations in force from time to
time.
(7)
Every licensee shall post and keep
posted its license, or licenses, in a
conspicuous place on the premises.
(8)
Before the board shall issue a
license to an applicant it shall give
notice of such application to the ch~ef
executive officer of the incorporated c~ty
or town, if the application be for a
license within an incorporated city or
c
6 6 • 20 • 2 10
Ll .IDi-2~ .I.ru11l.Nlll .I.Q .flill.§.:
~CUI!QB
~
SUis--£~Bl!l!CATION
f!B] A~
.&:lim!~~
QI GO D flllll~ No licensee or
the agent or employee of the licensee, or
store employee, shall be prosecuted criminally or be sued in any civil action for
serving liquor to a person under legal age
to purchase liquor if such person has
presented a card of identification in
accordance with RCW 66.20.180, and has
signed a certification card as provided in
RCW 66.20.190.
Such card in the possession of a licensee may be offered as a defense in any
hearing held by the board for serving
liquor to the person who signed the card
and may be considered by the board as
evidence that the licensee acted in good
faith.
[ 1973 1st ex.s. c 209 § 9; 1971
ex.s. c 15 § 7; 1959 c 111 § 9; 1949 c 67
§ 6; Rem. Supp. 1949 § 7306-19F.]
~gyg~J2ilU..Y:=-J!!g£ ti!g
da t e--197 3
ex.s. c 209:
see notes ~ollowing
66.08.070-.--
ss
1
RCW
Chapter 66.24
LICENSES--STAMP TAXES
~QAN~~~
TR!NSf~RABib!l!~
~QSPEN~lQ~
~!]CE11!l!ON, HEAR.:
66.24.010
]~USjk~
lBQ~ g~OCEDURE--QYB!I1QB==£QE~l~
AN~
]~TRICI10~S--POSTING:-NOI!f] IQ 1&£!1
IHORITIES:=-P!!OXJ:r!ill TO £1!URCH~~ ~QQb~~
AY.:
~TC~
(1)
Every license shall be issued
in the name of the applicant and the
holder thereof shall not allow any other
person to use the license.
(2)
For the purpose of considering any
application for a license, the board may
cause an inspection of the premises to be
made, and may inquire into all matters in
connection with the construction and operation of the premises. The board may, in
its discretion, grant or refuse the license applied for.
No retail license of
any kind shall be issued to:
(a)
A person who is not a citizen of
the United States, except when the privilege is granted by treaty;
(b)
A person who has not resided in the
state for at least one month prior to
making application, except in cases of
licenses issued to dining places on railroads, boats, or aircraft;
(c)
A person who has been convicted of
a felony within five years prior to filing
his application;
(d)
A copartnership, unless all of the
members thereof are qualified to obtain a
license, as provided in this section;
(e)
A person whose place of business is
conducted by a manager or agent, unless
such manager or agent possesses the same
qualifications required of the licensee;
[
------
614
]
LICENSES--STAMP TAXES
66.24.206
--------------------------------------------------------------------------------------town, or to the board of county commissioners, if the application be for a
license outside the boundaries of incorporated cities or towns; and such incorporated city or town, through the official
or employee selected by it, or the board
of county commissioners or the official or
employee, selected by it, shall have the
right to file with the board within twenty
days after date of transmittal of such
notice, written objections against the
applicant or against the premises for
which the license is asked, and shall
include with such objections a statement
of all facts upon which such objections
are based, and in case written objections
are filed,
may request and the liquor
control board may in its discretion hold a
formal hearing subject to the applicable
provisions of chapter 34.04 RCW, as now or
hereafter amended. Upon the granting of a
license under this title the board shall
cause a duplicate of the license to be
transmitted to the chief executive officer
of the incorporated city or town in which
the license is granted, or to the board of
county commissioners if the license is
granted outside the boundaries of incorporated cities or towns.
(9)
Before the board issues any license
to any applicant, it shall give
due
consideration
to the location of the
business to be conducted under such l i cense with respect to the proximity of
churches, schools and public institutions:
PROVIDED, That on and after the effective
date of this act, the board shal~ issue no
beer retailer license class A, B, or D or
wine retailer license class C covering any
premises not now licensed, if such premises are within five hundred feet of the
premises of any church, parochial or taxsupported public elementary or secondary
school measured along the most direct
route over or across established public
walks, streets or other public passageway
from the outer property line of the church
or school grounds to the nearest public
entrance of the premises proposed for
license, unless the board shall receive
written notice from an official representative or representatives of the schools
and/or churches within five hundred feet
of said proposed licensed premises, indicating to the board that there is no
objection to the issuance of such license
because of proximity to a school
or
church.
For the purpose of this section,
church shall mean a building erected for
and used exclusively for religious worship
and schooling or other activity in connection therewith.
(10)
The restrictions set forth in the
preceding subsection shall not prohibit
the board from authorizing the transfer of
existing licenses now located within the
~estricted area to other persons or
locations within the restricted area: PROVIDED, such transfer shall in no case result
in
establishing the licensed premises
closer to a church or school than it was
before the transfer.
[1973 1st ex.s. c
1973 RCW SUPP.
209 § 10; 1971 c 70 § 1; 1969 ex.s. c 178
3; 1947 c 144 § 1; 1955 c 17U § 3; 1933
ex.s. c 62 § 27; Rem. Supp. 1947 § 730627.
Formerly RCW 66.24.010, part and
66.24.020 through 66.24.100. Former part
of section:
1937 c 217 § 1 (23-U) now
codified as RCW 66. 2 4. 02 5. ]
§
66.24.025
ASSIQH~NT QI LI~~N2~FE~==
EXCEPTION. The holder of one or more
licenses--may assign and transfer the same
to any qualified person under such rules
and regulations as the board may prescribe: PROVIDED, HOWEVER, That no such
assignment and transfer shall be made
which will result in both a change of
licensee and change of location; the fee
for such assignment and transfer shall be
thirty-five dollars:
PROVIDED, FURTHER,
That no fee will be charged for transfer
to the surviving spouse only of a deceased
licensee if the parties were maintaining a
marital community and the license was
issued in the names of one or both of the
parties. [1973 1st ex.s. c 209 § 11; 1971
c 70 § 2; 1937 c 217 § 1 (23-U)
(adding
new section 23-U to 1933 ex.s. c 62); RRS
§ 7306-230.]
~~Eili!y---Effectiyg
~~§~ £ 20~~
66.08.070.
see
date--1973 1§!
notes~IoWTng Rcw
66.24.120
VACATION OF SUSPENSION ON
PA!~ENT OF f~!ALTY~~he~oard-rn-suspend:
ing any license may further provide in the
order of suspension that such suspension
shall be vacated upon payment to the board
by the licensee of a monetary penalty in
an amount then fixed by the board. [1973
1st ex.s. c 209 § 12;
1939 c 172 § 7
(adding new section 27-c to 1933 ex.s. c
62); RRS § 7306-27C.)
66.24.206
CERTIFICATE OF APPROVAL REQQIRED FOR OUT:oF-STATi:WINERY OR-MANUFAC:
TURER OFWINE-ORIMP.ORTEROF WINE PRODUCED
OUTSIQ~ UNITEDSTATES=REPORTS--AGREEMENT
WI~~OARD--F~E.--No wine-~holesaler~nor
wine importer shall purchase any wine not
manufactured
within
the
state
of
Washington by a winery holding a license
as a manufacturer of wine from the state
of Washington, and;or transport or cause
the same to be transported into the state
of Washington for resale therein, unless
the winery or manufacturer of such wine,
or the licensed importer of wine produced
outside the United States, has obtained
from the Washington state liquor control
[ 615 ]
66.24.206
ALCOHOLIC BEVERAGE CONTROL
-------------------------------------------board a certificate of apFroval, as hereinafter
provided.
The certificate of
approval herein provided for shall not be
granted unless and until such winery,
manufacturer, or licensed importer of wine
produced outside the United States, shall
have made a written agreement with the
board to furnish to the board, on or
before the tenth day of each month, a
report
under oath, on a form to be
prescribed by the board, showing
the
quantity of wine sold or delivered to each
licensed wine importer, or imported by the
licensed importer of wine produced outside
the United States, during the preceding
month, and shall further have agreed with
the board, that such vineries, manufacturers, or licensed importers of wine produced outside the United States, and all
general sales corporations or agencies
maintained by them, and all of their trade
representatives and agents, shall and will
faithfully comply with all laws of the
state of washington pertaining to the sale
of intoxicating liquors and all rules and
regulations of the Washington state liquor
con~rol board.
If any such winery, manufacturer, or licensed importer of wine
produced outside the United States, shall,
after obtaining such certificate, fail to
submit such report, or if such winery,
manufacturer, or licensed importer of wine
produced outside the United States, or
general sales corporations or agencies
maintained by them, or their trade representatives or agents, shall violate the
terms of such agreement, the board shall,
in its discretion, suspend or revoke such
certificate: PROVIDED, HOWEVER, That such
certificates of approval shall be issued
only for specifically named designated and
identified types of wine. The Washington
state liquor control board shall
not
certify vines labeled with names which may
be confused with other nonalcoholic beverages, whether manufactured or produced
from a domestic winery or imported, nor
wines which fail to meet quality standards
established by the board.
The fee for the certificate of approval,
issued pursuant to the provisions of this
title, shall be fifty dollars per annum,
which sum shall accompany the application
for such certificate. [1973 1st ex.s. c
209 § 13; 1969 ex.s. c 21 § 10.]
tax herein provided for may, if so pre·
scribed by the board, be collected ,by
means of stamps to be furnished by the
board, or by direct payments based on
gallonage purchased by wine wholesalers.
Every person purchasing wine under the
provisions of this section shall report
all sales to the board in such manner, at
such times and upon such forms as may be
prescribed by the board, and with such
report shall pay the tax due from the
purchases covered by such report unless
the same has previously been paid.
If
this tax be collected by means of stamps,
every such person shall procure from the
board revenue stamps representing the tax
in such form as the board shall prescribe
and shall affix the same to the package or
container in such manner and in such
denomination as required by the board and
shall cancel the same prior to the deliv·
ery of the package or container containing
the vine to the purchaser. If the tax is
not collected by means of stamps, the
board may require that every such person
shall execute to and file with the board a
bond to be approved by the board, in such
amount as the board may fix, securing the
payment of the tax. If any such person
fails to pay the tax when due, the board
may forthwith suspend or cancel his li·
cense until all taxes are paid. (1973 1st
ex.s. c 204 § 2; 1969 ex.s. c 21 § 3; 1943
c 216 § 2 i 19 39 c 17 2 § 3 : 19 35 c 15 8 § 3
(adding new section 24A to 1933 ex.s. c
62); Rem. Supp. 19~3 § 7306·24A. Formerly
RCW 66.04.120, 66.24.210, part, 66.24.220
and
66.2~.230,
part.
FORMER PART OF
SECTION: 1933 ex.s. c 62 § 25, part, nov
codified as RCW 66.21.1.230.]
[loor stoc~ ll!i "There is hereby imposed upon every licensed wine wholesaler
who possesses wine for resale upon which
the tax has not been paid under section 2
of this 1973 amendatory act, a floor
stocks tax of sixty-five cents per wine
gallon on wine in his possession or under
his control on June 30, 1973. Each such
wholesaler shall within twenty days after
June 30, 1973~ file a report with the
"Washington State liquor control board in
such form as the board may prescribe,
showing the wine products on hand July 1,
1973, converted to gallons thereof and tne
amount
of tax due thereon.
The tax
imposed by this section shall be due and
payable within twenty days after July 1,
1973, and thereafter bear interest at the
rate of one percent per month." (1973 1st
ex • s • c 20 4 § 3 • )
Effe,tliv~ Q~Yi=121J
J~OSITJQM
QI I!!
~ TO .!tlJHl !11Q1~SALERS !tfQ
~QNTRQ1
~~
There is hereby
ON !11
1lQUOj
imposed
upon all vines sold to wine wholesalers
and the Washington stat9 liquor control
board, within the state a tax of seventy•
five cents per wine gallon: PROVIDED,
HOWEVER, That vine sold or shipped in bulk
from one winery to another winery shall
not be subject to such gallonage tax. The
66.24.210
see note following
ill§
[
------------~---
616
]
RC~
121
~~
82.08.150.
£ ~Q!U.
LICENSES--STAMP TAXES
66.24.370
---------------------------------------·-----------------------------------------------malt
liquors
within
the
state
of
washington, shall, on or before the tenth
day of each month,
furnish
to
the
washington state liquor control board, on
a form to be prescribed by the board, a
statement showing the quantity of malt
liquors sold for resale during the preceding calendar month to each beer wholesaler
wi~hin the state of Washington;
(2)
No beer wholesaler nor beer importer shall purchase any beer not manufactured within the state of Washington by a
brewer holding a license as a manufacturer
of
malt
liquors
from the state of
washington, and/or transport or cause the
same to be transported into the state of
washington for resale therein, unless the
brewer or manufacturer of such beer or the
licensed importer of beer produced outside
the United States has obtained from the
washington state liquor control board a
certificate of approval, as hereinafter
provided.
The certificate of approval
herein provided for shall not be granted
unless and until such brewer or manufacturer of malt liquors or the licensed
importer of beer produced outside the
united States shall have made a written
agreement with the board to furnish to the
board, on or before the tenth day of each
month, a report under oatb, on a form to
be prescribed by the board, showing the
quantity of beer sold or delivered to each
licensed beer importer or imported by the
licensed importer of beer produced outside
the United States during the preceding
month, and shill further have agreed with
the board, that such brewer or manufacturer of malt liquors or the licensed importer of beer produced outside the United
States and all general sales corporations
or agencies maintained by such brewers or
manufacturers or importers, and all trade
representatives or agents of such brewer
or manufacturer of malt liquors or the
licensed impo~ter of beer produced outside
the United States, and of such general
sales corporations and agencies, shall and
will faithfully comply with all laws of
the state of Washington pertaining to the
sale of intoxicating liquors and all rules
and regulations of the washington state
liquor control board. If any such brewer
or manufacturer of malt liquors or the
licensed importer of beer produced outside
tpe United States shall, after obtaining
such certificate, fail to submit such
report, or if such brewer or manufacturer
of malt liquors or the licensed importer
of beer produced ou~side the United states
or general sales corporation or agency
maintained by such brewers or manufacturers or importers, or any representative or
agent thereof, shall violate the terms of
such agreement, the board shall, in its
discretion,
suspend
or
revoke
such
certificate;
(3)
The fee for the certificate- of
approval, issued pursuant to the provisions
of this title, shall be fifty
dollars per annum, which sum shall accompany the application for such certificate.
1973 RCW SUPP.
(1973 1st ex.s. c 209 § 14; 1969 ex.s. c
178 § 4; 1937 c 217 § 1 (23F) (adding new
section 23-F to 1933 ex.s. c 62);
RRS §
7306-23F.
Formerly RCW 66.24.270 and
66.24.280.]
66.24.330
~~ER
R~!!LEB~~
LICENSE-CLAS~ ~ There shall be a beer retailerts
license to be designated as a class B
license to sell beer by the individual
glass or opened bottle at retail, for
consumption on the premises and to sell
unpasteurized beer for consumption off the
premises: PROVIDED, HOWEVER, That unpasteurized beer so sold must be in original
sea~ed packages
of the manufacturer or
bottler of not less than seven and threefourths gallons:
AND PROVIDED FURTHER,
That unpasteurized beer may be sold to a
purchaser in a sanitary container brought
to the premises by the purchaser and
filled at the tap by the retailer at the
time of sale; such license to be issued
only to a person operating a tavern.
The
annual fee for said license, if issued in
cities and towns, shall be
graduated
according to the popu~ation thereof as
follows:
Cities and towns of less than 10,000;
fee $62.50;
Cities and towns of 10,000 and less than
100,000; fee $125.00;
Cities and towns of 100,000 or over; fee
$187.50;
The annual fee for such license, if
issued outside of cities and towns, shall
be sixty-two dollars and fifty cents:
PROVIDED, HOWEVER, That where dancing is
permitted on the premises, the fee shall
be one hundred eighty-seven dollars and
fifty cents.
[ 1973 1st ex.s. c 209 § 15;
1967 ex.s. c 75 § 3; 1941 c 220 § 2;
1937
c 217 § 1 (23N) (adding new section 23-N
to 1933 ex.s. c 62); Rem. Supp.
1941 §
7306-23N.]
66.24.370
WINE RETAILER'S
LICENSE-CL,A~~ L. There shallbea~Ine retailerts
license to be designated as class
F
license
to sell wine in bottles and
original packages, not to be consumed on
the premises where sold, at any store
other than the state liquor stores: PROVIDED, Such licensee shall pay to the
state liquor stores for wines purchased
from such stores the current retail price;
fee forty-three dollars and seventy-five
cents per annum: PROVIDED, FURTHER, That
a holder of a class A or class B license
shall be entitled to the privileges permitted in this section by paying an annual
fee of twelve dollars and fifty cents for
[ 617 ]
66.24.370
ALCOHOLIC BEVERAGE CONTROL
--------------------each store. (1973 1st ex.s. c 209 § 16;
1967 ex.s. c 75 § 7; 1937 c 217 § 1 (23R)
(adding new section 23-R to 1933 ex. s. c
62) ; RRS § 7306-23R.]
~~~bilitY--Etfe£!i~
ex.s, £ lQ1i
66.08.070.
See
g9,t~
-1211 .1§1
following
notes
RCW
66.24.380
SPECIAL]~]
~ICENSE--CLAS~
2A
There shall be a beer retailer's
license to be designated as class G; a
special license to a scciety or organization to sell beer at picnics or other
special occasions at a specified date and
place; fee ten dollars per day.
Sale,
service, and consumption of beer is to be
confined to specified premises or designated areas only. [1973 1st ex.s. c 209 §
17; 1969 ex.s. c 178 § 5; 1937 c 217 § 1
(adding new section 23-s to 1933
(235)
ex. s. c 62); RRS § 7306-23S. ]
~erability-Effe£ti~
£ 209&
66.08.070.
~
See
dat~=llll
following
notes
SPECIAL
~£!aiQ!
LJg]~~A~§
j!H~
2021
66.08.070.
£ 209j
66.08.070.
~
E!f~!i~
See
notes
lli~l21l
following
1st
See
date-1973
notes following
1§!
RCW
TITLE 67
ATHLETICS, SPORTS AND ENTERTAINMENT
Sections added, amended, or repealed:
67.08.015
Duties of Commission--Licensing--Exemption as to scholastic
organizations--Compliance
required.
fh.9.12!~r .21~1~ ~illisrg fibl~.L ~Q!.U!!.s
AJ.J.~.2 ~Jill .Hi.Sl~llaneo.\!§ 2ll~.2=
1flJ!£1A
67.14.040
Retail liquor license.
67.16.012
washington horse racing commission--Creation--Terms--Vacancies--Bonds--Oaths.
Application for meet-~Issuance
of license--Fee--Cancellation.
Employees .of commission-Employment restriction.
Employees of commission-Commissioners--Financial interest
restrictions.
Rules and regulations implementing conflict of interest
laws.
67.16.050
Severabili~y
[ 1973
~~~llliJ.ll~=Effectiv~
tl.:.§~ £
RCW
J=:It~
years.
66.44. 320
§All§ OF 1.lil!lQ~ IQ 11U.Q.!l~ A
VIOLATIQYA
Every person who shall sell
any intoxicating liquor to any minor shall
be guilty of a violation of Title 66 RCW.
[1973 1st ex.s. c 209 § 19; 1933 c 2 § 1;
1929 c 200 § 1; RRS § 7328-1.]
.1.§1
liE=
There
shall be a wine retailer's license to be
designated as class J; a special license
to a society or organization to sell wine
at special occasions at a specified date
and place; fee ten dollars per day. Sale,
service, and consumption of wine is to be
confined to specified premises or designated areas only. [1973 1st ex.s. c 209 §
18; 1969 ex.s. c 178 § 9.)
66.24.500
Ill~B!~
the age of nineteen
ex.s. c 96 § , • ]
1.21
RCW
67. 16.140
67.16.150
Chapter 66.44
ENFORCEMENT--PENALTIES
67-16.160
66.44. 230 . !Q!1il.IING.L
EMPLOI.,!NG,
.Q]
I!!.ruU§l!lNG liQUOR !~ PREVI.QQ~ll £Qli!ICTEJ2
Q~ IN!QZI~!I~J2 PERSON Q] COMMON
QRU~Q~
[1909 ex.s. c 27 § 2; 1909 c 249 § 437;
RRS § 2689.] Repealed by 1973 1st ex.s. c
209 § 20.
fh~ter
67.28 Public Stadium and convention-Iacilities. ---- - - -----
67.28.120
67.28.130
66.44.316
~SICI!~ E~I~t! XEA£~ ANJ2
Qll£ fERMIT,I.!Q !.Q rui.U£ !liQ !itlfAIN l!f.Q!
1l&L]~~ PREMISES QQgiN~ ~lfPLOYMtNT.
Notwithstanding the provisions of RCW 26.28.080 as now or hereafter amended, it is
lawful for professional musicians, eighteen years of age and older. to enter and
to remain in any premises licensed under
the provisions of Title 66 RCW, but only
during and in the course of their employment as musicians.
This section shall not be construed as
permitting the sale or distribution of any
alcoholic beverages to any pet:son under
( 618
67.28.160
67.28.170
67.28.180
67.28.210
Authorization to acquire, maintain, operate, etc. public stadium and convention facilities.
Conveyance or lease of lands,
properties or facilities authorized--Joint participation, use
of facilities.
Revenue bonds--Issuance, sale,
form, term, payment, reserves,
actions.
Power to lease all or part of
facilities~Disposition of
proceeds.
Special excise tax authorized-Hotel, motel, rooming house,
trailer camp, etc. charges.
Special excise tax authorizedProceeds credited to special
67.16.012
HORSE RACING
--------------~----------~----------------------------------------------------------
67.28.911
fund--Limitation on use-Investment.
severability--1973 2nd ex.s. c
34.
Chapter 6 7. 08
BOXING AND WRESTLING
67.08.015
RUTl!~
OF COMMISSION--LI£ENSI!Q~!~~£!!Q! AS To-scHOLASTIC oiGiN:
l!AI!Q!S-:COMPLIANC] -- jjQQIR~Q:- ---rhe
commission shall have power and it shall
be its duty to direct, supervise, and
control all boxing contests or sparring
and wrestling matches or exhibitions conducted within the state and no such boxing
contest, sparring or wrestling match or
exhibition shall be held or given within
this state except in accordance wi~b the
provisions of this chapter.
The commission may, in its discretion, issue and for
cause revoke a license to conduct, hold or
give boxing, sparring and;or wrestling
contests, matches, and exhibitions where
an admission fee is charged by any club,
corporation, organization, association, or
fraternal
society:
PROVIDED, HOWEVER,
That all boxing contests, sparring or
wrestling matches or exhibitions which:
(1) Are conducted by any high school,
college, or university, whether public or
private, or by the official student association thereof, whether on or off thg
school, college, or university grounds,
where all the participating contgstants
are bona fide students enrolled in any
high school, college, or university, with•
in or without this state; or
(2) Are entirely amateur events promoted on a nonprofit basis or for charitable
purposes and where the gross admissions
receipts are five hundred dollars or less;
shall not be subject to the provisions of
this chapter:
PROVIDED, FURTHER, That
every contestant in any boxing con~est,
sparring or wrestling match not conducted
under the provisions of this chapter shall
be examined within eight hours prior to
the contest by a practicing physician and
that the organizations exempted by this
section from the provisions of this chap•
ter shall be governed by RCW 67.08.080 as
said section applies to boxing contests,
sparring or wrestling matches or exhibitions conducted by organizations exempted
by this section from the general provisions of this chapter.
No boxing contest
or sparring or wrestling match or exhibition shall be conducted within the state
except pursuant to a license issued in
accordance with the prov~s~ons of this
chapter and the rules and regulations of
the commission except as hereinabove provided. [1973 c 53§ 1; 1951 c 48 § 2.]
1973 RCW SUPP.
Chapter 67 .14
BILLIARD TABLES, BOWLING ALLEYS AND MISCELLANEOUS GAMES--1873 ACT
67.14.040
RE!!IL ~~~UOli 1J~EN§~
The
legislative authorities of each county, in
their respective counties, shall have the
power to grant license to persons to keep
drinking houses or saloons therein, at
which spirituous, malt, or fermented liquors and wines may be sold in
less
quantities
than one gallon; and such
license shall be called a retail license
upon the payment, by the person applying
for such license, of the sum of three
hundred dollars a year into the county
treasury, and the execution of a good and
sufficient bond, executed to such county
in the sum of one thousand dollars, to be
approved by such legislative authority or
the county auditor of the county in which
such license is granted, conditioned that
he vill keep such drinking saloon or house
in a quiet, peaceable, and orderly manner:
PROVIDED, The foregoing shall not be so
construed as to prevent the leg.islati ve
authority of any county from granting
licenses to drinking saloons or houses
therein, when there is but little business
doing, for less than three hundred dollars, but in no case for less than one
hundred dollars per annum:
AND PROVIDED
FURTHER, That such license shall be used
only in the precinct to which it shall be
granted; PROVIDED FURTHER, that no license shall be used in more than one place
at the same time. AND FURTHER PROVIDED,
That no license shall be granted to any
person to retail spirituous liquors until
he shall furnish to the legislative authority satisfactory proof that he is a
person of good moral character. [ 1973 1st
ex.s. c 154 § 100; 1875 p 124 § 1; 1873 p
438 § 4; Code 1881, Bagley's Supp. p 26 §
4. ]
~rabili~y
]273 ~ ~§.:,. £ 154.;_
note following RCW 2.1-2.030.
see
Chapter 67.16
HORSE RACING
67.16.012
!A~QIQ! fiQliSE RA£ING COM=
MISSION--CREATION--TERMS--VACANCIES-BONDS oATHs. ThereiSilereby -created the
washington horse Lacing commission, to
consist of three commissioners, who shall
be
citizens, residents,
and qualified
elect6rs of the state of Washington, and
one of whom shall be a breeder of race
horses and he shall be of at least one
year's standing.
The first members of
said commission shall be appointed by the
governor within thirty days after March 3,
1933, one for a term to expire on the
Thursday following the second Monday in
January of 1935, one for a term to expire
on
the Thursday following the second
Monday in January of 1937, and one for a
[ 619 l
67.16.012
ATHLETICS, SPORTS AND ENTERTAINMENT
--------------------------------------------------------------------------------------term to expire on the Thursday
following
the second Monday in January of 1939, upon
which expiration of the term of
any
member,
the governor shall appoint a
successor for a term of six years.
Each
member shall hold office until his successor is appointed and qualified.
Vacancies
in the office of commissioner shall be
filled by appointment to be made by the
governor for the unexpired term.
Any
commissioner may be removed at any time at
the pleasure of the governor: PROVIDED,
That any member or successor that is
appointed or reappointed by the governor
after August 11, 1969, shall be confirmed
by the senate. Before entering upon the
duties of his office, each commissioner
shall enter into a surety compa~y bond, to
be approved by the governor and attorney
general,
payable
to
the
state
of
washington, in the penal sum of five
thousand dollars, conditioned upon the
faithful performance of his duties and the
correct accounting and payment of all sums
received and coming within his control
under this chapter, and in addition thereto each commissioner shall take and subscribe to an oath of office of the same
form as that prescribed by law for elective state officers.
(1973 1st ex.s. c
216 § 1; 1969 ex.s. c 233 § 1; 1933 c 55 §
2; RRS § 8312-2. Formerly RCW 43.50.010.]
67.16.050
!PPLICATI~ FOR
MEET-ISSJ!::
Ql 1ICENSE--FEE--CANCELLATION. Every
person making application for license to
hold a race meet, under the provisions of
this chapter shall file an application
with the commission which shall set forth
the time, the place, the number of days
such meet will continue, and such other
information as the commission may require.
The commission shall be the sole judge of
whether or not the race meet shall be
licensed and the number of days the meet
shall continue.
No person vho has been
convicted of any crime involving moral
turpitude shall he issued a license,
nor
shall any license be issued ~o any person
who has violated the terms or provisions
of this chapter, or any of the rules and
regulations of the commission made pursuant thereto, or who has failed to pay to
the commission any or all sums required
under the provisions of this chapter.
The
license shall specify the number of days
the race meet shall continue and the
number of races per day, which shall be
not less than six nor more than ten, and
for which a fee shall be paid in advance
of one hundred dollars for each day:
PROVIDED, That if unforeseen obstacles
arise,
which prevent the holding, or
completion of any race meet, the license
fee for the meet, or for a portion which
cannot be held may be refunded the licensee,
if the commission deems the reasons
for failure to hold or complete the race
meet sufficient.
Any unexpired license
held by any person who violates any of the
provisions of this chapter, or any of the
~
rules or regulations of the commission
made pursuant thereto, or who fails to pay
to the commission any and all sums required under the provisions of this chapter, shall be subject to cancellation and
revocation by the commission. such cancellation shall be made on~y after a
summary hearing before the commission, of
which three days' notice, in writing,
shall be given the licens~e, specifying
the grounds for the proposed cancellation,
and at which hearing the licensee shall be
given an opportunity to be h,eard
in
opposition to the proposed cancellation.
[ 1973 1st ex.s. c 39 § 1: 1933 c 55 § 6;
RRS § 8312-6.]
67.16.140
~RLQ!tES Ql ~Qtt]l2aiON==~~=
PLQ!11]ll E~.IB.Igm.&.. No employee of the
horse racing commission shall serve as an
employee
of any track at which that
individual will also serve as an employee
of the commission. (1973 1st ex.s. c 216
§ 3. ]
67.16.150
EMPLQX]]a
Qf
COHHIS2IQ!==
C0!1.t!ISSIQ!!~RS-F !J!.MCIAL !.!!~EST Et~TR!£::
n!H!a.!.
No employee nor any commissioner
of the horse racing commission shall have
any financial
interest whatsoever, other
than an ownership interest in a community
venture,
in any track at which said
employee serves as an agent or employee of
the
commission or at any track with
respect to a commissioner.
[ 1973 1st
ex.s. c 216 § 4. 1
67.16.160
@LE,2 ANQ Ji~ULATIQli2 JMPg::
MENTING CONFLICT OF INTEREST LAWS. No
days aitei~ly-16;-,973
the horse racing commission shall promulgate,
pursuant to chapter 34.04
RCW,
reasonable rules and regulations implementing to the extent applicable to the
circumstances of the horse racing commission the conflict of interest laws of the
state
of Washington as set forth in
chapters 44.18, 42.21 and 42.22
RCW.
[1973 l~t ex.s. c 216 § 5.J
Iater-than-nineti
( 620
Chapter 67.28
PUBLIC STADIUM AND CONVENTION FACILITIES
67.28.120
AQ!liQ£J!!IIO~ !Q
!fQYI,Rg~
MA!~!!IN, Qf]RA!~ ~~ RQ]11& .2!~Q~UM ~~~
CONVENTION FACILITIES.
Any mun~c~pal~ty
is--aut'horize'd--either individually or
jointly with any other municipality, or
person, or any combination thereof, to
acquire by purchase, gift or grant, .to
lease as lessee, and to construct, ~nÂ
stall, add to, improve, replace, repa1r,
maintain, operate and regulate the use of
public stadium facilities and/or convention center facilities whether located
within or without such municipality, including but not limited to buildings,
]
PUBLIC STADIUM AND CONVENTION FACILITIES
67.28.160
---~--~----------------------------------------------------------------------------~--
structures, concession and service facilities
roads, bridges, walks,
ramps and
othe~ access facilities, terminal
and
parking facilities for private vehicles
and public transportation vehicles and
systems, together with all lands, properties. property rights, equipment, utilities,
accessories
and
appurtenances
necessary for such public stadium facilities andjor convention center facilities,
and to pay for any engineering,
planning,
financial, legal and professional services
incident to the development and operation
of such public stadium facilities and/or
convention center facilities.
[ 1973 2nd
ex.s. c 34 § 1: 1967 c 236 § 5. J
67.28.130
U!~.a.
hQ!!!X!NC~
OR
b~~
!:RQREllll~
Qf
oR I!£illiiE~ !!!!.!.!Q.:
RllED=JOl1f! PARTICIPAIIQli.r. !!~! QI FACI.ll.:
TIES.
Any municipality, taxing district,
or-mllnicipal corporation is authorized to
convey or lease any lands, properties or
facilities to any other municipality for
the development by such other municipality
of public stadium facilities and/or convention center facilities or to provide
for the joint use of such lands, properties or facilities, or to participate in
the financing of all or any part of the
public stadium fac~lities and/or convention center facilities on such terms as
may be fixed by agreement between the
r~spective legislative bodies without submitting the matter to the voters of such
municipalities, unless the prov~s~ons of
general law applicable to the incurring of
municipal indebtedness shall require such
submission.
[1973 2nd ex.s.
c 34 § 2;
1967 c 236 § 6.]
67.28.160
REVENUE
llib IQ R M I.IDtiL.
I
TIO~~
pAY !1]1f!.r.
BON~~QANCE~
R Eg;,Rll2.r.
!h.::
To carry out the purposes of this
chapter the legislative body of any municipality shall have the power to issue
revenue bonds without submitting the matter to the voters of the municipality:
PROVIDED, That the legislative body shall
create a special fund or funds for the
sole purpose of paying the principal of
and interest on the bonds of each such
issue, into which fund or funds
the
legislative body may obligate the municipality to pay all or part of amounts
collected from the special taxes provided
for in RCW 67.28.180, and/or to pay such
amounts of the gross revenue of all or any
part of the facilities constructed, acquired,
improved, added to, repaired or
replaced pursuant to this chapter, as the
legislative body shall determine: PROVIDED, FURTHER, That the principal of and
interest on such bonds shall be payable
only out of such special fund or funds,
and the owners and holders of sqcb bonds
shall have a lien and charge against the
gross revenue pledged to such fund.
Such revenue bonds and the
interest
thereon issued against such fund or funds
1973 RCW SUPP.
[ 621
shall constitute a claim of the holders
thereof only as against such fund or funds
and the revenue pledged therefor, and
shall not constitute a general indebtedness of the municipality.
Each such revenue bond sh~ll state upon
its face that it is payable from such
special fund or funds, and all revenue
bonds issued under this chapter shall be
negotiable securities within the provisions of the law of this state.
Such
revenue bonds may be registered either as
to principal only or as to principal and
interest, or may be bearer bonds; shall be
in such denominations as the legislative
body shall deem proper; shall be payable
at such time or times and at such places
as shall be determined by the legislative
body; shall be executed in such manner and
bear interest at such rate or rates as
shall be determined by the legislatjve
body.
Such revenue bonds shall be sold in such
manner as the legislative body shall deem
to be for the best interests of the
municipality, either at public or private
sale.
T~e legislative
body may at the time of
the issuance of such revenue bonds make
such covenants with the purchasers and
holders of said bonds as it may deem
necessary
to secure and guaranty the
payment of the principal thereof and the
interest thereon, including but not being
limited to covenants to set aside adeguate
reserves to secure or guaranty the payment
of such principal and interest, to pledge
and apply thereto part or all of any
lawfully authorized s~ecial taxes provided
for in RCW 67.28.180, to maintain rates,
charges or rentals sufficient with other
available moneys to pay such principal and
interest and to maintain adequate coverage
over debt service, to appoint a trustee or
trustees for the bondholders, to safeguard
the expenditure of the proceeds of sale of
such bonds and to fix the powers and
duties of such trustee or trustees and to
make such other covenants as the legislative body may deem necessary to accomp~ish
the most advantageous sale of such bonds.
The legislative body may also provide that
revenue bonds payable out of the same
source may later be issued on a parity
with revenue bonds being issued and sold.
The legislative body may include in the
principal amount of any such revenue bond
issue an amount for engineering, architectural,
planning, financial, legal, and
other services and charges incident to the
acquisition or construction of
public
stadium facilities and/or convention center facilities, an amount to establish
necessary reserves, an amount for working
capital and an amount necessary for interest during the period of construction of
any facilities to be financed from the
proceeds of such issue plus six months.
The legislative body may, if it deems it
in the best interest of the municipality,
provide in any contract for the construction or acquisition of any facilities or
]
67.28.160
ATHLETICS, SPORTS AND
EN~ERTAINMENT
-----------------------------------------------~----------
additions or improvements thereto or replacements
or extensions thereof that
payment therefor shall be made only in
such revenQe bonds.
If the municipality shall fail to carry
out or perform any of its obligations or
covenants made in the authorization, issuance and sale of >such bonds, the holder of
any such bond may bring action against the
municipality and compel the performance of
any or all of such covenants.
[1973 2nd
ex.s. c 34 § 3; 1967 c 236 § 9.]
67.28.170
gg]~ IQ ~!a] !11
QB PAR!
Ql lACILITIES--DISPOSITION Ql PROCEEDS~
The legislative body of any municipality
owning or operating public stadium facilities and;or convention center facilities
acquired or developed pursuant to this
chapter shall have power to lease to any
municipality or person, or to contract for
the use or operation by any municipality
or person, of all or any part of the
stadium facilities and;or convention center facilities authorized by this cnapter,
including but not limited to
parking
facilities, concession facilities of all
kinds and any property or property rights
appurtenant to such stadium facilities
and;or convention center facilities, for
such period and under such terms and
conditions and upon such rentals, fees and
charges
as such legislative body may
determine, and may pledge all or any
port~on
of such rentals, fees and charges
and all other revenue derived from the
ownership
and;or operation of stadium
facilities and/or convention center facilities to pay and to secure the payment of
general obligation bonds and/or revenue
bonds of such municipality issued for
authorized public stadium and/or convention center facilities purposes. [1973
2nd ex.s. c 34 § 4; 1967 c 236 § 10.]
shall be credited to a special fund ~n the
treasury of the county or city imposing
such tax. Such taxes shall be levied only
for the purpose of paying all or any part
of the cost of acquisition, construction,
or operating of stadium facilities and/or
convention center facilities or to pay or
secure the payment of all or any portion
of general obligation bonds or revenue
bonds issued for such purpose or purposes
under this chapter, and until withdrawn
for use, the moneys accumulated in such
fund or funds may be invested in interest
bearing securities by the county or city
treasurer in any mann~r authorized by law.
[1973 2nd ex.s. c 34 § 6; 1970 ex.s. c 89
§ 3; 1967 c 236 § 14.]
67. 28.911
gfi!l!lill.I!=:.ll73 lND ll.:..§.:.
If any provision of this 1973
amendatory act, or its application to any
person or circumstance is held invalid,
the remainder of the act, or the applica·
tion of the provision to other persons or
circumstances is not affected. [ 1973 2nd
ex. s. c 34 § 7. ]
£ 1!.:.
TITLE 68
CEMETERIES, MORGUES AND HUMAN REMAINS
Sections added, amended, or repealed:
68.05.130
68.05.140
68.05.150
68.05.160
67.28.180
~CI!1
!!~
TA1
!QIHQ=
,HQTEL-' ROOM.I.!ill !!QQ~b, TRAIL~B ~g.L ~1~ cHARg~~ The legislative
body of any county, and of any city. is
authorized to levy and collect, a special
excise tax of not to exceed two percent on
the
sale of or charge made for the
furnishing of lodging by a hotel, rooming
house, tourist court, motel, trailer camp,
and the granting of any similar license to
use real property, as distinguished from
the renting or leasing of real property:
PROVIDED, That it shall be presumed that
the occupancy of real property for a
continuous period of one month or more
constitutes a rental or lease of real
property and not a mere license to use or
to enjoy the same. (1973 2nd ex.s. c 34 §
5; 1970 ex.s. c 89 § 1; 1967 c 236 § 11.]
lill~=l!Ql~.L
68.05.180
68.0?.255
£h.~E!~£
Examination of endovment funds
and prearrangement trust
funds-Expense.
Examination expense--Effect of
refusal to pay--Disposition.
Powers, duties, concerning examination of funds.
Action required when authority
fails to deposit minimum endowment amount or comply with
prearrangement contracts
provisions.
Annual report of authority-Contents--Verification-Certification.
Sale or transfer of cemetery
authority--Application for new
certificate of authority--Compliance required--Penalty.
&_1§.
£.2et~y
District§.:.
68.16.230
Limitation of indebtedness-Limitation of tax levy.
68.46.010
68.46.020
Definitions.
Prearrangement trust funds-Required.
Prearrangement trust funds--Deposits--Retention by cemetery
authority.
68.46.030
( 622 ]
CEMETERY BOARD
68.05.180
------------------------------------------~-------------------------------------------
68.46.040
68.46.050
68.46.060
68.46.070
Prearrangement trust funds--Deposit with qualified public
depository.
Withdrawals from trust funds.
Termination of contract by purchaser or beneficiary.
Involuntary termination of contract~Refund.
68.46.080
68.46.090
68.46.100
68.46.110
Other use of trust funds
prohibited.
Financial reports--Filing.
Information to be furnished
purchaser.
compliance required.
Chapter 68.05
CEMETERY BOARD
68.05.130
gxAMIN!IlON
QE
ENDO]]]MI
FUNDS AND PREARRAHGEMENT TRUST FUNDS-EXPENSE:-- The--boara--shall--eiamine--the
endowment care and prearrangement trust
fund or funds of a cemetery authority:
(1)
within one year after June 11, 1953
and whenever it deems necessary, but at
least once every three years after the
original examination;
(2)
Whenever the cemetery authority in
charge of endowment care or prearrangement
trust fund or funds fails to file the
reports required by this chapter; or
(3)
Whenever it is requested by verified petition signed by twenty-five lot
owners alleging that the endowment care
funds are not in compliance with this
title, or whenever it is requested by
verified petition signed by twenty-five
puichasers or beneficiaries of prearrangement merchandise or services alleging that
the prearrangement trust funds are not in
compliance with *this 1973 amendatory act,
in either of which cases, the examination
shall
be
at
the
expense
of
the
petitioners.
(4)
The expense of the endowment care
examination as provided in subdivisions
(1) and (2), not to exceed fifty dollars
per day for each examiner engaged in the
examination whenever the examination requires more than two days, or the expense
of the prearrangement trust examination as
provided in subdivisions (1) and (2) of
this section, not to exceed one hundred
dollars per day for each examiner engaged
in the examination shall be paid by the
cemetery
authority.
such examination
shall be privately conducted in the principal office of the cemetery aqthority.
[1973 1st ex.s. c 68 § 12; 1953 c 29p §
42. J
*Revisef's !!Q~.L
"this 1973 amendatory
act" [1973 1st ex.s. c 68] consists of
chapter 68.46 RCW and the amendments to
RCW 68.05.130-68.05.160, 68.05.180
and
68.05.255 by 1973 1st ex.s. c 68.
1973 RCW SUPP.
68.05.140
EXAMINATJQE E!EEN~E~]FFECT
OF !U!FUSAL !Q ill==.QlgOSU..IQl!!.. If any
cemetery authority refuses to pay any
examination expenses in advance, the board
shall refuse it a certificate of authority
and shall revoke any existing certificate
of authority.
All ~xamination expense
moneys collected by the board shall be
paid into the state treasury to the credit
of the cemetery fund.
(1973 1st ex.s. c
68 § 13; 1953 c 290 § 43.]
68.05.150
EQ~L
QY!l]~
£QNCERN!l!§
EXAMINATION Q! IQliDS.
In making such
examination the board:
(1)
Shall have free access to the books
and records relating to the endowment care
funds, their collection and investment,
and the number of graves, crypts ana
niches under endowment care.
(2} Shall inspect and examine the endowment care funds to determine their
condition
and
the
existence of the
investments.
{3)
Shall ascertain if the cemetery
authority has complied with all the laws
applicable to endowment care funds.
(4)
Shall have free access to all records required to be maintained pursuant
to *this 1973 amendatory act with respect
to prearrangement merchandise or services.
(5)
Shall ascertain if the cemetery
authority
has complied with the laws
applicable to prearrangement trust funds.
( 1 9 7 3 1 st ex • s • c 6 8 § 14 ; 19 53 c 2 9 0 §
44. ]
!]~yiser~ !lQ!,e:
"this 1973 amendatory
act", see note following RCW 68.05.130.
68. 05. 16 0
ACTION g~UI!ti!.Q ~ !!!I!!Q~
IT! EAIJ& !~ DEPOll,I !1INU!!11 gNDOWM.IDii
AMOUNT OR COMPLY WITH PREARRANGEMENT CONTRACTS -P'RovisroNs~- rt-anyexamination
made by the board, or any report filed
with it, shows that there has not been
collected and deposited in the endowment
care funds the minimum amounts required by
this title, or if the board finds that the
cemetery authority has failed to comply
with the requirements of *this 1973 amendatory act with respect to prearrangement
contracts, merchandise or services, and/or
prearrangement
trust funds,
the board
shall require such cemetery authority to
comply with chapter 68.40 or with *this
1973 amendatory act as the case may be.
[ 1973 1st ex.s. c 68 § 15; 1953 c 290 §
45.]
*Reviser 1 s !lQ!.~ "_this 1973 amendatory
act", see note following RCW 68.05.130.
68.05.180
ANNUAL REPORT OF AUTHORITY-CONTENTS--VERIFICATION::CERTIFICATION:---Each-cemet~ry--authorit'Yincharge of
cemetery endowment care funds shall file
with the board annually, on or before the
thirtieth day of June, a written report in
[ 623 ]
68.05. 180
CEMETERIES, MORGUES AND HUMAN REMAINS
---------------------------------
---~------------------------
form prescribed by the board
setting
forth:
(1)
The number of square feet of grave
space and the number of crypts and niches
sold or disposed of under endowment care:
(a)
From June 12, 1943, to the first
day of January of the year preceding the
filing of this report.
(b)
From the first day of
January
through the thirty-first day of December
of the preceding year.
(2)
The amount collected and deposited
in both the general and special endowment
care funds:
(a)
Prior to June 12, 1943.
(b)
From June 12, 1943, to the first
day of January preceding the filing of
this report.
(c)
From the first day of
January
through the thirty-first day of December
of the preceding year segregated as to the
amounts deposited for crypts, niches, and
grave space.
(3)
A
statement
showing the total
amount of the general and special endowment care funds invested in each of the
investments authorized by law and the
amount of cash on hand not invested, which
statement shall show the actual financial
condition of the funds.
(4)
A statement showing the information
required to be filed pursuant to RCW
68.46.090.
These reports shall be verified by the
president or vice president and one other
officer of the cemetery authority and
shall be certified by the accountant or
auditor preparing the same.
[ 197 3 1st
ex. s • c 6 8 § 16 ; 19 53 c 2 9 0 § 4 0 • ]
68.05.255
~!1~ QR tRANSFER Q[ fE~.E!
,!UTHOj!J;TY;:-Afll.!~ATJQl! 1Q.fi NE,! ~tl!!![IC!!]
Ql !JITHORITY-CO~!ID REQQ!.!!tD-!:ID!!l!=
Prior to the sale or transfer of
TY.
ownership
or control of any cemetery
authority, any person, corporation
or
other legal entity desiring to acquire
such ownership or control shall apply in
writing for a new certificate of authority
to operate a cemetery and shall comply
with
all provisions of Title 68 RCW
relating to applications for, and the
basis for granting, an original certificate of au-tho1:ity. The board s1lall, in
addition, enter any order deemed necessary
for the protection of all endowment care
funds and/or prearrangem-ent trust fund
during such transfer.
Persons and business entities selling and persons and
business entities purchasing ownership or
control of a cemetery authority shall each
file an endowment care fund report and/or
a prearrangement trust fund report showing
the status of such funds
immediately
before and immediately after such transfer
on a written report form prescribed by the
board.
Failure to comply with this section shall be a gross misdemeanor and any
sale or transfer in violation of this
section shall be void. ( 1973 1st ex.s. c
68 § 17; 1969 ex.s. c 99 § 5.]
[ 624
Chapter 68.16
CEMETERY DISTRICTS
68.16.230
LIMITA!IQ! OF J~~ItQI~=:
LilUUTIOH Q[ TA! LEY.!.:.
The board of
cemetery commissioners shall have no authority to contract indebtedness in any
year in excess of the aggregate amount of
the currently levied taxes, which annual
tax levy for cemetery district purposes
shall not exceed eleven and one-quarter
cents per thousand dollars of assessed
valuation.
[1973 1st ex.s. c 195 § 77;
1947 c 6 § 23; Rem. Supp.
1947 § 3778172. ]
Chapter 68.46
PREARRANGEMENT CONTRACTS
68. 46.010
DEFINITIONS.
Unless
the
context clearly--rndicates otherwise, the
words used in this chapter have
the
meaning given in this sect~on:
"Prearrangement contract" means a contract for purchasQ of cemetery merchandise
or services, to be furnished at a future
date for a specific consideration which is
paid in advance by one or more payments in
one sum or by installment payments.
"Cemetery merchandise or services" shall
mean and include monuments, markers, memorials, nameplates, liners, vaults, boxes,
urns, vases, interment services, or any
one or more of them.
"Prearrangement trust fund" means all
funds required to be maintained in one or
more funds for the benefit of beneficiaries by either this chapter or by the terms
of a prearrangement contract, as herein
defined.
"Depository" means a qualified public
depository as ~efined by RCW 39.58.050, a
credit union as governed by chapter 31.12
RCW, a mutual savings bank as governed by
Title 32 RCW, and a savings and loan
association as governed by Title 33 RCW,
in which prearrangement funds are deposited by any cemetery authority.
(1973 1st
ex. s. c 68 § 1. ]
PR,MB!llliill!! TRUg £:QND~=
Any cemetery authority selhng
by prearrangement contracts any merchandise
or services shall establish and
maintain one or more prearrangement funds
for the benefit of beneficiaries of prearrangement contracts. [1973 1st ex.s. c 68
§ 2. J
68.46.-020
!l£lQQllED~
68.46.030
f.REAR.RANGE~!! I!l!!~I £:Q!Q~==
QligQgTS=Bll~ll.!Q!i
n
~EMll]]l !QTHORII~~
Fifty percent of all funds collected 1n
payment of each prearrangement contract,
]
68.46.110
PREARRANGEMENT CONTRACTS
-~------------------------------------------------------------------------------------
excluding sales tax and endowment care if
such charge is made, may be retained by
the cemetery authority.
Deposits to the
prearrangement trust fund shall be made
not later than the twentieth day of each
month following receipt of each payment as
made on the last fifty perceQt of each
prearrangement contract, excluding sales
tax and endowment care, if such charge is
made. [ 1973 1st ex.s. c 68 § 3.]
68.46.040
PREARRANGEMENT TRUST FUNDS-JlEPOS~! .HI!! .Q!!ALIFIEQ PUBLI~--QEPOSITORY~
All prearrangement trust funds shall be
deposited in a qualified public depository
as defined by RCW 68.46.010. Such savings
accounts shall be designated as the prearrangement trust fund of the particular
cemetery authority for the benefit of the
beneficiaries named in any prearrangement
contract. [ 1973 1st ex.s. c 68 § 4.]
68.46.050
~ITHDRAWALS
f!OM
TROST
FUNDS.
A bank, trust company, or savings
ana-roan association designated as the
depository of prearrangement funds shall
permit withdrawal by a cemetery authority
of all funds deposited under any specific
prearrangement contract plus interest accrued thereon, under the foll6wing circumstances and conditions:
(1)
If the cemetery authority files a
verified statement with the depository
that the prearrangement merchandise and
sjrvices covered by a contract have been
furnished
and delivered in accordance
therewith; or
(2)
If the cemetery authority files a
verified statement that a specific prearrangement contract has been canceled in
accordance with its terms.
[ 1973 1st
ex. s. c 68 § S.]
!ERMINAIIQ! Ql
68.46.060
goRCHAS~]
Q]
~Q~~!
~1
I!1QkQ!IAR1
IERMI]!!IQ! QE
Prearrangement
contracts shall automatically terminate if
the cemetery authority shall go out of
business, become insolvent or bankrupt,
make an assignment for the benefit of
creditors, or for any other reason be
unable to fulfill the obligations under
the contract, in which event, and upon
demand by the purchaser or beneficiary or
beneficiaries of any prearrangement contract,
the depository of the prearrangement funds shall refund to purchasers of
prearrangement contracts all funds deposited in accordance with said contracts,
unless otherwise ordered by a court of
competent jurisdiction. [1973 1st ex.s. c
68 § 7. ]
68.46.n80
OTHER USE OF IliQ~! FUNDS
PROHIB£IED~
Prearrangement trust tunds
shall not be used in any way, directly or
indirectly, for the benefit of the cemetery authority or any director, officer,
agent or employee of any cemetery authority, including,
but not limited to any
encumbrance,
pledge, or other utilization
or prearrangement trust funds as collateral or other security. [1973 1st ex.s. c
68 § 8. ]
68.46.090
FINANCIAL
REPORTS--FILING.
Any cemetery authority-selling-prearrange=
ment merchandise or other prearrangement
services shall file in its office or
offices and with the cemetery board a
written report upon forms prepared by the
cemetery
board which shall state the
amount of the principle of the prearrangement trust fund or funds, the depository
of such fund or funds, and cash on hand
which is or may be due to such fund as
well as such other information the board
may deem appropriate.
All information
appearing on such written reports shall be
revised at least annually and shall be
verified by the president, and the secretary or auditor preparing the same. [1913
1st ex.s. c 68 § 9.]
~ENEfi~!S~
Any purchaser
or beneficiary or beneficiaries may, upon
written demand of any cemetery authority,
demand that any prearrangement contract
with such cemetery authority be terminated. In such event, the cemetery authority
shall within thirty days refund to such
purchaser or beneficiary or beneficiaries
all moneys which have been deposited by
such cemetery authority with any depository according to the provisions of this
chapter, along with such interest as may
have been earned by the deposit of such
moneys.
In any case, where, under a
prearrangement contract there is more than
one beneficiary, no written demand as
provided in this section shall be hono~ed
by any cemetery authority unless
the
wri~ten
demand provided for herein shall
bear the signatures of all of such beneficiaries. (1973 1st ex.s. c 68 § 6.]
1973 RCW SUPP.
68.46.070
£Q~I~A£l==li~fgNQ~
IlflQMATIOM IQ BE .fQl!..HIS!!ED
Every prearrangement contract
shall contain language which informs the
purchaser of the prearrangement trust fund
and the amount to be deposited in the
prearrangement trust fund, which shall not
be less than fifty percent of the cash
purchase price of the merchandise and
services in th~ contract and shall not
include charges for endowment care when
included in the purchase price. ( 1973 1st
ex.s. c 68 § 10.]
68.46.100
PO~~~
68.46.110
COMPLIANCE
liEQUIE~~
No
cemetery authority shall sell, offer to
sell or authorize the sale of cemetery
merchandise or services or accept funds in
payment of any prearrangement contract,
[ 625 ]
68.46.110
CEMETERIES, MORGUES AND HUMAN REMAINS
---------------------------either directly or indirectly, unless such
acts are performed in compliance with
*this act, and under the authority of a
valid, subsisting and unsuspended certificate of authority to operate a cemetery in
this state by the Washington state cemetery board. [1973 1st ex.s. c 68 § 11.]
69.50.101
Definitions.
ARTICLE IV-OFFENSES AND PENALTIES
69.50.401
69.50.410
Prohibited acts A-Penalties.
Prohibited acts D--Penalties.
'
*Revi~C§ ~
"this act" apparently
refers to 1973 1st ex.s. c 68, codified
herein
as chapter 68.46 RCW and the
amendments to RCW
68.05.130-68.05.160,
68.05.180 and 68.05.255 by 1973 1st ex.s.
c 68.
TITLE 69
FOOD, DRUGS, COSMETICS, AND POISONS
sections added, amended, or repealed:
~ME:t.m.: 6 9 • Q!l
IQQg.a.
!!I.!!S.L
~ £~.!~
!£L.
69.04.900
69.04.905
69.04.910
6 9. 04.915
69.04.920
£M.E1m.:
Perishable packaged food--Pull
date labeling--Definitions.
Perishable packaged food--Pull
date labeling--Required.
Perishable packaged food--Pull
date labeling--Selling or trading goods beyond pull date-Repackaging to substitute for
original date--Exception.
Perishable packaged food--Pull
date labeling--Storage-Rules
and regulations.
Perishable packaged food--Pull
date labeling--Penalties.
~
PoiSQll§
.eng
~nget,.QM
Qrug.§.!.
69.40.030
69.40.064
69.40.065
69.41.010
69.41.020
69.41.030
69.41.040
69.41.050
69.41.060
69.41.070
Placing poison or other harmful
object or substance in food,
drinks, medicine or water-Penalty.
Dangerous drugs--Prescriptions.
Drugs must be possessed in container in which sold or
dispensed.
Definitions.
Prohibited acts~Information
not privileged communication.
Sale, delivery or possession of
legend drug without prescription or order prohibited-Exceptions.
Prescription requirements.
Labeling requirements.
Search and seizure.
P<enal ties.
ARTICLE I-DEFINITIONS
[ 626
Chapter 69.04
FOOD, DRUG, AND COSMETIC ACT
69.04.900
g~RISHABLE
PA£K!2~Q
FOOD-f!!LL Q.fl~ bABlli~=QH!E!,TIONS.
For~
purpose
of
RCW
69.04.900
through
69.04.920:
( 1)
"Perishable packaged food goods"
means and includes all foods and beverages, except alcoholic beverages, frozen
foods, fresh meat, poultry ana fish and a
raw agricultural commodity as defined in
this chapter, in tended for human consump•
tion which are canned, bottled, or packaged other than at the time and point of
retail sale, which have a high risk of
spoilage within a period of thirty days,
and as determined by the director of the
department of agriculture by rule and
regulation to be perishable.
(2)
"Pull date" means the latest date a
packaged food product shall be offered for
sale to the public.
(3)
"Shelf life" means the length of
time during which a packaged food product
will retain its safe consumption quality
if stored under proper temperature conditions. (1973 1st ex.s. c 112 § 1.]
69.04.905
PERISHABLE PACKAGED IQQQ==
f!!bb Q}ll 1~1!£!LING-RE.Q!!ll.ID2.!. All perishable packaged food goods with a projected
shelf life of thirty days or less, which
are offered for sale to the public after
January 1, 1974 shall state on the package
the pull date.
The pull date must be
stated in day, and month and be in a style
and format that is readily decipherable by
consumers.
No perishable packaged food
goods shall be offered for sale after the
pull date,
except as provided in RCW
69.04.910. [ 1973 1st ex.s. c 112 § 2.]
69.04.910
~RISH!J!1£!
£!CK!§]~
!QQ~==
f!!lb DA!§ LABELING--SELLING OR TRADIN2
§QQQ§ ]!EYOEQ fUL1 QATE--REfAC~~glNG
SUBSTITUTE lQl! .QllGINA1 DATE--~!QRilQ!!..:.
No person shall sell, trade or barter any
perishable packaged food goods beyond the
pull date appearing thereon, nor shall any
person rewrap or repackage any packaged
perishable food goods with the intention
of placing a pull date thereon which is
different from the original:
PROVIDED,
HOWEVER, That those packaged perishable
food goods whose pull dates have expired
may be sold if they are still wholesome
and are without danger to health, and are
clearly identified as having passed the
pull date. [1973 1st ex.s. c 112 § 3.]
-IQ
]
69.41.010
LEGEND DRUGS
------~-~-~----------------------------------------------------------------------
69.04.915
gULL
JJ.AI~
£~Q1!IIONS.
PERISHABLE
PACKAGED
The director of the department of agriculture shall by rule and
regulation establish uniform standards for
pull date labeling,
and optimum storage
conditions of perishable packaged food
goods.
In addition to his other duties
the director, in consultation with the
director of the department of social and
health services where appropriate,
may
promulgate such other rules and regulations as may be nec~ssary to carry out the
purposes of RCW 69.04.900 through 69.04• 920. ( 1973 1st ex.s. c 112 § 4.]
69.04.920
PERISHABLE PACKAGED fQQQ_-:
gULL DATE U~!LING-PENALIIE2.!..--Any person
convicted of a violation of RCW 69.04.905
or 69.04.910 shall be punishable by: a f_ine
not to exceed five hundred dollars. (1973
1st ex.s. c 112 § 5.)
Chapter 69.40
POISONS AND DANGEROUS DRUGS
69.40.030
fLACING
f.Ql2Q.!i
Qli OTHEli
.QBJE,£I OR SUM.Illi£! !.!!
!QQ~L
DRINK2L MEDI~!!~ OR Jill!li:;-PElfALTY.!.. Every
person who shall wilfully mingle poison or
place any harmful object or substance,
including but not limited to pins, tacks,
needles, nails, razor blades, wire, or
glass in any food,
drink, medicine, or
other edible substance intended or prepared for the use of a human being or who
shall knowingly furnish, with intent to
harm another person, any food, drink,
medicine, or other edibl9 substance containing such poison or harmful object or
substance to another human being, and
every person who shall wilfully poison any
spring, well or reservoir of water, shall
be punished by imprisonment in the state
penitentiary for not l~ss than five years
or by a fine of not less than one thousand
dollars:
PROVIDED, HOWEVER, That *this
act shall not apply to the employer or
employers of a person who violates the
provisions contained herein without such
employer's knowledge.
(1973 c 11~ § 1;
1909 c 249 § 264; RRS § 2516.
Prior:
code 1881 § 802; 1873 p 185 § 27; 1869 p
202 § 25; 1854 p 79 § 25. ]
.Hll!tl:.Y1
!~vise£!§ ~.i
"this act" apparently,
refers to the amendment to this section by
1973 c 119 § 1.
69.40.064
DANGEROQ~
DRUGS--PBESCRIP!IQ!2.!.. [1967 c 71 § 3; 19~c-38~--z2:]
Repealed by 1973 1st ex.s. c 186 § 9.
69.40.065
Ili
QE.Y§§
~Q~ ~
fQ~SESSED
!]
WHlQ! ~.Q1~ Q!i ~.I§f~NS]Q~
[1970 ex.s. c 33 § 2.] Repealed by 1973
1st ex.s. c 186 § 9.
CON.!!llH
Chapter 69.41
LEGEND DRUGS
FOOD--
LABELING==STQRAGE-ftUL£!~-!1!~
197 3 RCW SUPP.
69.41.010
As used in
this chapter:
(1)
"Administer" means the direct application of a legend drug whether by
injection, inhalation, ingestion, or any
other means, to the body of a patient or
research subject by:
(a)
A practitioner; or
(b)
The patient or research subject at
the direction of the practitioner •
(2)
"Deliver" or "delivery" means the
actual, constructive, or attempted transfer from one person to another of a legend
d~ug, whether or not there
is an agency
relationship.
(3)
"Dispense" means to deliver a legend drug tp an ultimate user or research
subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging, labeling,
or compounding necessary to prepare the
substance for that delivery.
(4)
"Dispenser" means a practitioner
who dispenses.
(5)
"Distribute" means to deliver other
than by administering or dispensing a
legend drug.
{6)
"Distributor" means a perso~ who
distributes.
(7)
"Drug" means:
(a)
Substances recognized as drugs in
the official United States pharmacopoeia,
official homeopathic pharmacopoeia of the
United States, or official national formu·
lary, or any supplement to any of them:
(b)
Substances intended for use in the
diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals:
(c)
Substances (other than food) intended to affect the structure or any
function of the body of man or animals;
and
(d)
Substances intended for use as a
component of any article specified in
clause
(a),
(b),
or (c) of this subsec•
tion. It does not include devices or
their components, parts, or accessories.
(8)
"Legend drugs" means any
drugs
which
are required by any applicable
federal or state law or regulation to be
dispensed on prescription only or are
restricted to use by practitioners only.
(9)
"Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any
other legal entity.
(1 0)
"Practitioner-" means:
(a)
A physician under
chapter 18.71
RCW, an osteopathic physician and surgepn
under chapter 18.57 RCW, a dentist under
chapter 18.32 RCW, a podiatrist under
chapter 18,22 RCW, a veterinarian under
chapter 18.92 RCW, a registered nurse
under chapter 18.88 RCW, a licensed practical nurse under chapter 18.78 RCW, or a
pharmacist under chapter 1~.64 RC~.
[ 627 ]
69.41.010
FOOD, DRUGS, COS"ETICS, AND POISONS
-----------------------------------------------------------------~--------------------
(b) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to
administer a legend drug in the course of
professional practice or research in this
state. [ 1973 1st ex. s. c 186 § 1.]
69.41.020
~gQff!~IgQ A£I~==lMIQg~!!lQ!
NQT ggl!ILEG]]
~Qtl~Qli!CATIQli~
Legend
drugs shall not be sold, delivered, dispensed or administered except in accordance with this chapter.
(1)
No person shall obtain or attempt
to obtain a legend drug, or procure or
attempt to procure the administration of a
legend drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b)
By the forgery or alteration of a
prescription or of any written order; or
(c) By the concealment of a material
fact~ or
(d) By the use of a false name or the
giving of a false address.
(2)
Information communicated to a practitioner in an effort unlawfully to procure a legend drug, or unlawfully to
procure the administration of any such
drug, shall not be deemed a privileged
communication.
(3)
No person shall wilfully
make a
in any prescription,
false
statement
order, report, or record, required by this
chapter.
(4)
No person shall, for the purpose of
obtaining a legend drug, falsely assume
the title of, or represent himself to be,
a
manufacturer,
wholesaler,
or
a:ny
practitioner.
(5)
No person shall make or utter any
false or forged prescription or other
written order for legend drugs.
(6) No person shall affix any false or
forged label to a package or receptacle
containing legend drugs. (1973 1st ex.s.
c , 86 § 2.
J
~AL~ DELIYERY Qli £~g~!Qli
DRUG _!!ITHOQ! PR.~SCRIR!!ill!. Qg
Q.!!QER PROtl!N.!ED--J!fEPli..Qfu I t shall be
unlawful for any person to sell, deliver
or possess any legend drug except upon the
order or prescription of a physician under
chapter 18.71 RCW, an osteopathic physician and surgeon under chapter 18.57 RCW,
a dentist under chapter 18.32 RCW, a
podiatrist under chapter 18.22 RCW, or a
veterinarian under chapter 18.92
RCW:
PROVIDED, HOWEVER, That the above provisions shalL not apply to sale, delivery,
or possession by drug wholesalers or drug
manufacturers, or their agents or employees, or to any practitioner acting within
the scope of his license, or to a common
or contract carrier or warehouseman, or
any employee thereof, whose possession of
any legend drug is in the usual course of
business or employment. [1973 1st ex.s. c
186 § 3. J
69.41.030
Q! 1EGENQ
69.41.040
~~~ON
RE~U!REM~NTS.
A prescription, in order to be effective
in legalizing the possession of legend
drugs, must be issued for a legitimate
medical purpose by one authorized
to
prescribe the use of such legend drugs.
An order purporting to be a prescription
issued to a drug abuser or habitual user
of legend drugs, not in the course of
professional treatment, is not a prescription within the meaning and intent of this
section; and the person who knows or
should know that he is filling such an
order, as well as the person issuing it,
may be charged with violation of this
chapter.
A legitimate medical purpose
shall include use in the course of a bona
fide research program in conjunction with
a hospital or university. [ 1973 1st ex.s.
c 186 § 4. J
69.41.050
1!~1!]Q
]]QYI]]ME]~~
To
every box, bottle, jar, tube or other
container of a legend drug, which is
dispensed by a practitioner authorized to
prescribe legend drugs, there $hall be
affixed a label bearing the name of the
prescriber, complete directions for use,
the name of the drug and strength per unit
dose, name of patient and date: PROVIDED,
That the practitioner may omit the name
and dosage of the drug if he determine$
that his patient should not have this
information and that, if the drug dis·
pensed is a trial sampl~ in its original
package and which is labeled in accordance
with federal law or regulation, there need
be set forth additionally only the name of
the issuing practitioner and the name of
the patient. (1973 1st ex.s. c 186 § 5.]
69.41.060
~!SCH
AND SEI~UB~
If,
upon the sworn complaint of any person, it
shall be made to appear to any judge of
the superior court or justice of the peace
that there is probable cause to believe
that any legend drug is being
used,
manufactured, sold, bartered, exchanged,
given away, furnished or otherwise disposed of or kept in violation of the
provisions of this chapter, such justice
of the peace or judge shall, with or
without the approval of the prosecuting
attorney, issue a warrant directed to any
peace officer in the county, commanding
him to search the premises designated and
described in such complaint and warrant,
and to seize all legend drugs there found,
together with the vessels in which th7Y
are contained, and all implements, furn~Â
ture and fixtures used or kept for the
illegal manufacture, sale, barter, exchange, giving away, furnishing o~ otherwise disposing of such legend drugs and ~o
safely keep the same, and to make a return
of said warrant within three days, showing
all acts and things done thereund~r, with
a particular statement of all articles
seized and the name of the person or
persons - in whose possession the same were
[ 628 ]
UNIFORM CONTROLLED SUBSTANCES ACT
69.50.101
--------------------------------------------------------------------------------------found, if any, and if no person be found
in the possession of said articles, the
returns shall so state. A copy of said
warrant shall be served upon the person or
persons found in possession of any such
legend drugs, furniture or fixtures so
seized, and if no person be found in the
possession thereof, a copy of said warrant
shall be posted on the door of
the
bUilding or room wherein the same are
found, or, if there be no door, then in
any conspicuous place upon the premises.
[1973 1st ex.s. c 186 § 6.]
69.41.070
fEN!1!!!2~
Whoever violates
any provision of this chapter shall,
upon
conviction, be fined and imprisoned as
herein provided:
(1)
For a violation of RCW 69.41.020,
the offender shall be guilty of a felony.
(2) For a violation of RCW 69.41.030
involving the sale, d~livery or possession
with
intent to sell or deliver, the
offender shall be guilty of a felony.
(3) For a violation of RCW 69.41.030
involving possession, the offender shall
be guilty of a misdemeanor.
(4)
For a violation of RCW 69.41.040,
the offender shall be guilty of a felony.
(5) For a violation of RCW 69.41.050,
the
offender
shall
be guilty of a
misdemeanor.
(6)
Any offense which is a violation of
chapter 69.50 RCW shall not be charged
under this chapter. [ 1973 1st ex.s. c 186
§ 7. ]
Chapter 69.50
UNIFORM CONTROLLED SUBSTANCES ACT
ARTICLE I--DEFINITIONS
69.50.101
DEFINJIJQNS~
As used in
this chapter:
(a)
"Administer" means the direct application of a
controlled
substance,
whether by injection, inhalation, ingestion, or any other means, to the body of a
patient or research subject by:
(1)
a practitioner, or
(2)
the patient or research subject at
the direction and in the presence of the
practitioner.
(b)
"Agent" means an authorized person
who acts on behalf of or at the direction
of a manufacturer, distributor, or dispenser.
It does not include a common or
contract carrier, public warehouseman, or
employee of the carrier or warehouseman.
(c)
"Bureau" means the Bureau of Narcotics and Dangerous Drugs, United States
Department of Justice, or its successor
agency.
(d)
"Controlled substance"
means
a
drug, substance, or immediate precursor in
Schedules I through V of Article II.
(e)
"Counterfeit
substance" means a
controlled substance which, or the container
or labeling of which, without
1973 RCW SUPP.
authorization, bears the trademark, trade
name, or other identifying mark, imprint,
number or device, or any likeness thereof,
of a manufacturer, distributor, or dispenser other than the person who in fact
manufactured, distributed, or dispensed
the substance.
(f)
"Deliver" or "delivery" means the
actual, constructive, or attempted transfer from one person to another of a
controlled substance, whether or not there
is an agency relationship.
(g)
"Dispense" means to deliver a controlled substance to an ultimate user or
research subject by or pursuant to the
lawful order of a practitioner, including
the prescribing, administering, packaging,
labeling,
or compounding necessary to
prepare the substance for that delivery.
(h)
"Dispenser" means a practitioner
who dispenses.
{i) "Distribute" means to deliver other
than by administering or dispensing a
controlled substance.
(j)
"Distributor" means a person who
distributes.
(k)
"Drug" means {1) substances recognized as drugs in the official United
States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or
Official National Formulary, or any supplement to any of them; {2) substances
intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of
disease in man or animals; (3)
substances
(other than food) intended to affect the
structure or any function of the body of
man or animals; and {4) substances intended for use as a component of any article
specified in clause (1), (2), or (3) of
this subsection.
It does not include
devices or their components, parts, or
accessories.
(1)
"Immediate precursor" means a substance which the state board of pharmacy
has found to be and by rule designates as
being the principal compound commonly used
or produced primarily for use, and which
is an immediate chemical intermediary used
or likely to be used in the manufacture Of
a controlled substance, the control of
which is necessary to prevent, curtail, or
limit manufacture.
(m)
"Manufacture" means the production,
preparation,
propagation,
compounding,
conversion or processing of a controlled
substance, either directly or indirectly
by extraction from substances of natural
or1g1n, or independently by means
of
chemical synthesis, or by a combination of
extraction and chemical synthesis, and
includes any packaging or repackaging of
the substance or labeling or relabeling of
its container, except that this term does
not include the preparation cr compounding
of a controlled substance by an individual
for his own use or the
preparation,
compounding,
packaging, or labeling of a
controlled substance:
(1)
by a practitioner as an incident to
his administering or dispensing of
a
[ 629 ]
69.50.101
FOOD, DRUGS, COSMETICS, AND POISONS
--------------------------------------------------------------------------------------controlled substance in the course of his
professional practice, or
(2)
by a
practitioner,
or by
his
authorized agent
under his supervision,
for the purpose of, or as an incident to,
research,
teaching, or chemical analysis
and not for sale.
(n)
"Marihuana"' means al11parts of the
plant of the genus Cannabis L.,
whether
growing or not;
the seeds thereof; the
resin extracted from any part of the
plant;
and every compound, manufacture,
salt, derivative, mixture, or preparation
of the plant, its seeds or resin.
It does
not include the
mature stalks of the
plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant,
any other compound,
manufacture,
salt,
derivative, mixture, or preparation of the
mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is
incapable of germination.
(o)
"Narcotic drug"
means any of the
following, whether produced directly or
indirectly by extraction from substances
of vegetable origin, or independently by
means of chemical synthesis,
or by a
combination of extraction and chemical
synthesis:
{1)
Opium and opiate, and any salt,
compound,
derivative,
or preparation of
opium or opiate.
(2)
Any salt, compound, isomer, derivative,
or preparation thereof which is
chemically equivalent or identical with
any of the substances referred to in
clause
1,
but
not
including
the
isoquinoline alkaloids of opium.
(3)
Opium poppy and poppy straw.
(4)
Coca leaves and any salt, compound,
derivative, or preparation of coca leaves,
and any salt,
compound,
isomer,
derivative,
or preparation thereof which is
chemically equivalent or identical with
any of these substances, but not including
decocainized coca leaves or extractions of
coca leaves which do not contain cocaine
or ecgonine.
(p)
"Opiate" means any substance having
an addiction-forming or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having
addiction-forming or addiction-sustaining
liability.
It does not include,
unless
specifically designated as controlled under
RCW 69.50.201, the
dextrorotatory
isomer of 3-methoxy-n-methylmorphinan and
its salts
(dextromethorphan).
It does
include
its
racemic and levorotatory
forms.
(g)
"Opium poppy"
means the plant of
the genus Papaver L.,
except its seeds,
capable of producing an opiate.
(r)
"Person" means individual, corporation,
government or governmental subdivision or agency,
business trust,
estate,
trust,
partnership or association, or any
other legal entity.
11
(s)
Poppy straw" means all parts, except the seeds, of the opium poppy,
after
mowing.
(
(t)
"Practitioner" means:
(1)
A physician under chapter 18.71
RCW, an osteopathic physician and surgeon
under chapter
18.57 RCW, a dentist under
chapter 18.32 RCW,
a chiropodist under
chapter
18.22 RCW,
a veterinarian under
chapter 18.92 RCW,
a registered nurse
under chapter 18.88 RCW, a licensed practical nurse under chapter 18.78 RCW, a
pharmacist under chapter
18.64 RCW or a
scientific investigator under this chapter,
licensed, registered or otherwise
permitted insofar as is consistent with
those licensing laws to distribute, dispense, conduct research with respect to or
administer a controlled substance in the
course of their professional practice or
research in this state.
(2)
A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to
administer a controlled substance in the
course of professional practice or research in this state.
(u)
"Production" includes the manufacture, planting, cultivation,
growing, or
harvesting of a controlled substance.
(v)
"State", when applied to a part of
the United states,
includes any state,
district, commonwealth, territory, insular
possession thereof,
and any area subject
to the legal authority of the United
States of America.
(w)
"Ultimate user" means a person who
lawfully possesses a controlled substance
for his own use or for the use of a member
of his household or for administering to
an animal owned by him or by a member of
his household.
(X)
"Board" means the state board of
pharmacy.
(y)
"Executive officer" means the executive
officer of the state board of
pharmacy. (1973 2nd ex.s. c 38 § 1; 1971
ex. s. c 3 0 8 § 6 9 • 50. 101. 1
af.Y2llhili1Y=12ll l.ns St!.:...a.:. £ J§..;.
"If any of the provisions of this amendatory act,
or its application to any
person or circumstance is held invalid,
the remainder of the amendatory act, or
the application of the provision to other
persons or circumstances, or the act prior
to its amendment is not affected."
(1973
2nd ex.s. c 38 § 3. l This applies to the
amendments to RCW 69.50.101 and 46.61.520
by 1973 2nd ex.s. c 38.
ARTICLE IV--OFFENSES AND PENALTIES
6 9. 50. 401
PROHIBITED ACTS
A-PEN!b.:
(a)
Excep~-as-autherized by~his
chapter, it is unlawful for any person to
manufacture,
deliver, or possess with
intent to manufacture or deliver,
a controlled substance.
(1) Any person who violates this subsec~
tion with respect to:
. .
.
(i) a controlled substance class1f1ed 1n
Schedule I or II which is a narcotic drug,
Illi2.:..
630
]
UNIFORM CONTROLLED SUBSTANCES ACT
69.50.410
-------------------------------------------------~------------------------------------
is guilty of a crime and upon conviction
may be imprisoned for not more than ten
years, or fined not more than twenty-five
thousand dollars, or both;
(ii) any other
cont~olled
substance
classified in Schedule I, II, or III, is
guilty of a crime and upon conviction may
be imprisoned for not more than five
years, fined not more than ten thousand
dollars, or both;
(iii) a substance classified in Schedule
IV, is guilty of a crime and upon conviction may be imprisoned for not more than
five
years,
fined not more than ten
thousand ddllars, or both;
(iv) a substance classified in Schedule
v, is guilty of a crime and upon conviction may be imprisoned for not more than
five years,
fined not more than
ten
thousand dollars, or both.
(b) Except as authorized by this chapter, it is unlawful for any person to
create, deliver, or possess a counterfeit
substance.
(1) Any person who violates this subsection with respect to:
(i) a counterfeit substance classified
in Schedule I or II which is a narcotic
drug, is guilty of a crime and upon
conviction may be imprisoned for not more
than ten years,
fined not more
than
twenty-five thousand dollars, or both;
(ii) any other ~ounterfeit
substance
classified in Schedule I, II, o~ III, is
guilty of a crime and upon conviction may
be imprisoned for not more than five
years, fined not more than ten thousand
dollars, or both;
(iii) a counterfeit substance classified
in Schedule IV, is guilty of a crime and
upon conviction may be imprisoned for not
more than five years, fined not more than
ten thousand dollars, or both;
(iv) a counterfeit substance classified
in Schedule v, is guilty of a crime and
upon conviction may be imprisoned for not
more than five years, fined not more than
ten thousand dollars, or both.
(c) It is unlawful for any person to
possess a controlled substance unless the
substance was obtained directly from,
or
pursuant to, a valid prescription or order
of a practitioner while acting in th~
course of his professional practice, or
except as otherwise authorized by this
chapter.
Any person who violates this
subsection is guilty of a crime, and upon
conviction may be imprisoned for not more
than five years, fined not more than ten
thousand
dollars,
or both, except as
provided for in subsection (d)
of this
section.
(d) Except as provided for in subsection
(a)
( 1)
(ii)
of this section any person
found guilty of possessi0n of forty
grams
or less of marihuana shall be guilty of a
misdemeanor.
This section shall not apply to offenses
defined and punishable under the provisions of RCW 69.50.410.
[1973 2nd ex.s. c
2 § 1; 1971 ex.s. c 308 § 69.50.401.]
197 3 RCW SUPP.
[ 631
69.50.410
PROHIBITED ACTS
D--PENALTIES.
(1)
Exceptas authorized by this
chapter it shall be unlawful for any
person to sell for profit any controlled
substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except
leaves and flowering tops of marihuana.
For the purposes of this section only,
the following words and phrases shall have
the following meanings:
(a) "To sell" means the passing of title
and possession of a controlled substance
from the seller to the buyer for
a price
whether or not the price is paid immediately or at a future date.
(bi "For profit" means the obtaining of
anything of value in exchange for
a
controlled substance.
(c) "Price" means anything of value.
(2) Any person convicted of a violation
of subsection (1) of this section shall
receive a sentence of not more than five
years in a correctional facility of the
department of social and health services
for the first offense.
Any person convicted on a second or subsequent cause,
the sale having transpired after prosecution and conviction on the first cause, of
subsection
(1)
of this section
shall
receive a mandatory sentence of five years
in a correctional facility of the department of social and health services and no
judge of any court shall suspend or defer
the sentence imposed for the second or
subsequent violation of subsection (1)
of
this section.
(3) Any person convicted of a violation
of subsection
(1)
of this section by
selling heroin shall receive a mandatory
sentence of two years in a correctional
facility of the department of social and
health services and no judge of any court
shall suspend or defer the sentence im~
posed for such violation.
Any person
convicted on a second or s~bsequent sale
of heroin, the sale having transpired
after prosecution and conviction on the
first cause of the sale of heroin shall
receive a mandatory sentence of ten years
in a correctional facility of the department of social and health services and no
judge of any court shall suspend or defer
the sentence imposed for this second or
subseguent violation:
PROVIDED, That the
board of prison terms and paroles under
RCW 9.95.040 shall not reduce the minimum
term imposed for a violation under this
subsection.
(4)
In addition to the sentences provided in subsection (2) of this section,
any person convicted of a viola~ion of
subsection
(1}
of this section shall be
fined in an amount calculated to at least
eliminate any and all proceeds or profits
directly or indirectly gained by such
person as a result of sales of controlled
substances i~ violation of the laws of
this
or other states, or the United
States, up to the amount of five hundred
thousand dollars on each count.
(5)
Any person, addicted to the use of
controlled
substances,
who voluntarily
]
69.50.410
FOOD, DRUGS, COSMETICS, AND POISONS
---------
....------------
places himself in the custody of the
department of social and health services
for the purpose of participating in a
rehabilitation program of the department
for addicts of controlled substances shall
be immune from prosecution for subsection
(1) offenses unless a filing of an
information or indictment against such person
for a violation of subsection {1) of this
section is made prior to his voluntary
participation in the program of the department of social and health services.
All applications for immunity under this
section shall be sent to the department of
social and health services in Olympia. It
shall be the duty of the department to
stamp each application received pursuant
to this section with the date and time of
receipt.
This section shall not apply to offenses
defined and punishable under the provisions of RCW 69.50.401 as nov or hereafter
amended. [1973 2nd ex.s. c 2 § 2. ]
70.35.070
Tax levy directed--Disposition
of funds--Special fund in headquarters county.
70.39.010
70.39.020
70.39.030
Purpose.
Definitions.
Hospital commission--created-Membership.
Hospital commission--Terms-Vacancies.
Hospital commission--Officers-Meetings--Compensation.
Hospital commission--Director-Secretary---staff--services.
Technical advisory committee-Members--Terms--Officers--Meetings--Expenses.
Technical advisory committee-Duties.
Hospital commission~
Subcommittees.
Uniform system of hospital accounting and reporting.
Annual reports by hospitals.
Hospital cost$ and finances-Analyses and studies--Reports.
Report to governor and
legislature.
Hospi!-al rates-Review and investigation--costs--Establishment of rates--Recommendation.
Powers and duties of
commission.
Changes in rates--Procedure.
Budget--Expenses--Assessments-Hospital commission account.
Rules and regulations--Public
hearings--Investigations--Subpoena power.
Review.
P~nalties for violations.
Severability--1973 1st ex.s. c
70.39.040
70.39.050
70.39. 060
70.39.070
70.39.080
70.39.090
70.39.100
TITLE 70
PUBLIC HEALTH AND SAFETY
70.39.110
70.39.120
70.39.130
sections added, amended, or repealed;
70.39.140
~hs.Et.§!:
7 0~1~
70.12.010
~l!.!.tl
l.QdQ
70.39.160
70.39.170
.!.!!12..§.££.\!19§..!§ l!Q§.ej. tals and
Iscilitg~
§ll
70.32.090
70.39.180
Admissions to facility.
~.!illll
!.!!ll-2§~
70.32
70.32.010
~MlU~.£
70. 39. 150
County tax levy for public
heall:h.
70.30.061
~~lrt.tl
Ryblic !!..§sill £:.J!nd§.!.
§.nd
lli~ I.l!!2g££!!12.::
5.
Tax levy directed---Tuberculosis
fund.
Counties where tax levy more
than adequate-Surplus for general county or public hospital
distriCt purpose.
7 0. 3 3
io§I§
70.39.190
70.39.200
70.39.900
70.39.910
Ch~Pl~~ 70-!.~Q
70.40.150
.a! ate .Ail min is!~£~ I!!.Q~;;
Hospital fs£iliti~~
70.33.030
70.33.040
70.33.040
Secretary's administrative responsibility--Scope.
Medical director~QualificaÂ
tions--Powers and duties.
Tax l9VY directed--State
services.
Tax levy directed--Proceeds to
state-Surplus revenues
returned.
£;;M.E!:ll 1.Q~35
Es§!..§!:£
tal Districj;.!.
70.35.~40
.!J!~1Q§is
l!ospi.:
Hospital superintendent--Appointment---Compensation--Qualification--Duties.
tl22Pl!s1 SAQ
~Sl£s!
!S£11:
itig~ ~f:vey ~ ~~§tru£1lQD .Af!~
ChS,Ete,£
70.33.020
Liberal construction.
Hospital and medical facility
construction fund--Deposits,
use.
70 • ~,!!
70.44.060
70.87.010
70.87.030
~leygtor§~
tlQllllil
jialk~.!.
~Yi£~~~
Safet~ GlazinB ~g!grigl~
.fli£m~.dl.i. -§.~!
Gla2§ QQQ.£~1
[ 632 )
bi!!ing
Definitions.
Director of labor and industries to administer--Rules and
regulations.
~hs£.~.£ 70.89
70.89.005
H0§£.1!:~1 Qis,!,£]:£1§~
Powers and duties.
Chs£.~1: lQ.!.~l
~~
gubli£
Purpose.
ety§!g§~
I!! ~illiD.9
TITLE 70
DIGEST OF TITLE
--------------------------------------------------------------------------------------70.89.010
70.89.020
70.89.021
70.89.030
70.89.031
70.89.040
70.89.050
70.89.060
70.89.070
70.89.910
~.bs:e!g: 7
70.93.910
Safety glazing material defined--Types--Tests-Definitions.
Glass in sliding doors and assemblies to be of safety glazing material--Identification.
Safety glazing material for use
in hazardous locations--Labeling requirements.
Sales, installations of materials not meeting requirements of
RCW 70.89.010 declared
unlawful.
Sale, fabrication, assembly,
installation of other than
safety glazing materials in
hazardous locations unlawful.
Penalty.
Employees not liable.
Local ordinances superseded.
Enforcement of chapter.
Construction, effective date,
prospective application--1973
1st ex.s. c 2.
o. 91
~gg~l 1.ill~£ ~QD.ll.Ql !~~
Alternative to Initiative 40-Placement on ballot--Force and
effect of chapter. (Se~ note.)
~haEtg£ 1Q~2~
Wa§hingtQB Cle~ !i£ Act~
1fQ£~!YL Ai£ Po!lutign £2ui£ol.l
70.94.011
70.94.050
70.94.091
70.94.152
70.94.155
70.94.205
70.94.334
70.94.430
70.94.431
70.94.520
70.94.530
70.94.540
70.94.550
70.94.560
70.94.654
70.94.656
Declaration of public policies
and purpose--Division of state
into two major areas.
Tests and surveys--Hearing-Resolution of necessity.
Excess tax levy authorized-Election, procedure, expense.
Notice may be required of construction of new contaminant
source~submission of plans-Approval, disapproval--Emissian
control.
Control of emissions--Schedules
of compliance.
Confidentiality of records and
information.
Appointment of hearing officer--Powers and duties.
Penalties.
Additional or alternative penalty--Enforcement.
Purposes of RCW 70.94.53070.94.560.
Air pollution control districts
designated.
Divisions--Duties of district
offices.
First and second class dis•
tricts defined--Determination
of population.
Establishment of district
offices.
Delegation of permit issuance
and enforcement to counties.
Open burning of field and turf
grasses grown for seed--Alternatives--Studies--Funding--Procedures--Limitations.
1 97 3 RCW SUPP.
[ 633
70.94.770
70.94.775
70.94.780
70.94.785
Ch~£i~£
Burning wood by resident of
single family residence.
Outdoor burning--Fires
prohibited.
Outdoor burning--Regulation and
prohibition.
Plans approved pursuant to federal clean air act--Enforcement
authority.
70.95A
Pollution Control--Munici-
Eil-~gndins-A~thori!~------------
70.95A.010 Legislative declaration--Liberal construction.
70.95A.020 Definitions.
70.95A.030 Municipalities--Powers.
70.95A.040 Municipalities--Revenue bonds
for pollution control facilities--Authorized--Sale, condiJ.
tions--Form, terms.
70.95!.050 Revenue bonds--Security-scope~Default--Authorization
proceedings.
70.95A.060 Facilities--Leases authorized.
7C.95A.070 Facilities--Revenue bonds--Refunding provisions.
70.95A.080 Revenue bonds--Disposition of
proceeds.
70.95A.090 Facilities--Sale or lease--Certain restrictions on municipalities not applicable.
70.95A.100 Facilities--Department of ecology certification.
70.95A.910 construction~1973 c 132.
70.95A.920 Severability--1973 c 132.
70.95A.930 Acquisitions by port districts
under RCW 53.08.040--Prior
rights or obligations.
70.95B.010 Legislative declaration.
70.95B.020 Definitions.
70.95B.030 Waste treatment plant operatozs--Certification required.
70.95B.040 Administration of chapter-Rules and regulations--Director's duties.
70.958.050 Waste treatment plants-Classification.
70.95B.060 Criteria and guidelines.
70.95B.070 Board of examiners for
wastewater operator certification--Created--Members--Qualifications--Terms--Powers and
duties--Per diem and expenses.
70.958.080 Certificates--When examination
not required.
70.958.090 Certificates--Issuance and renewal conditions.
70.95B.100 Certificates--Revocation
procedures.
70.958.110 Administration of chapter--Powers and duties of director.
70.958.120 Violations.
70.958.130 Certificates~Reciprocity with
other states.
70.95B.140 Penalties for violations-Injunctions.
l
TITLE 70
PUBLIC HEALTH AND SAFETY
--------------------------------------------------------------------------------------70.95B.150 Administration of chapter--Receipts--Payment to general
hnd.
7J.95B.900 Eff~ctive date--1973 c 139.
70.96.010 through 70.96.080, 70.96.090
(See note) •
70.96.096 Cities and counties--Eligibility for liquor taxes and profits--Support of alcoholism
program required.
70.96.100 through 70.96.140 (See note).
70.96.160 county alcoholism administrative board--Members--Qualifications--Terms--Powers, duties-Executive director.
70.96.900 Severability. (See note.)
chs.E:t~ 1 o.
96A
.ll~n !l:£2ll2:!i~.!l! ~_g
;toxic~tion
~Slli!sil
h
!Iggtmen;t.
19 72~
111.=
~ffecti~
70.961.070 Citizens advisory council-~
Qualifications--Duties.
f.!ls.E:t~ 7 0. 9 .§.
,ID!£.!ggi En~~gy allQ !i~li.::
tion~
70.98.170
Prohibition--Fluoroscopic x-ray
shoefitting devices.
f~~£ 1 0~11Q
r!s.!!ll!!A£~ .ra£rics~-hild.::
I§~!§ ~l§gE~si~
70.110.010
70.110.020
70.110.030
70.110.0qO
70.110.050
70.110.060
70.110.070
70.110.080
70.110.900
70.110.910
Short title.
Legislative finding.
Definitions.
Compliance required.
Attorney general or prosecuting
attorneys authorized to bring
actions to restrain or prevent
violations.
Penalties.
strict liability.
Personal service of process-Jurisdiction of courts.
Provisions additional.
Severability--1973 1st ex.s. c
211.
cross Reference:
Asbestos, regulation of use:
49.26 RCW.
Chapter
Chapter 70.12
PUBLIC HEALTH FUNDS
70.12.010
£Q[HTY I!! bEVY fQS fUBLI£
Each board of county commissioners shall annually budget and levy as a
tax for public health work in its county a
sum egual to the amount which would be
raised by a levy of four and one-half
cents per thousand dollars of assessed
value against the taxable property in the
county, bu~ nothing herein contained shall
prohibit a county from obtaining said
public health funds from any other source
HEALT~
of county revenue or from budgeting addi·
tional sums for public health work. (1973
2nd ex.s. c 4 § I+; 1973 1st ex.s. c 195 §
78; 1970 ex.s. c 47 § 6; 1943 c 163 § 1;
1939 c 191 § 1; Rem. Supp. 1943 § 3997·
2a.]
~tl~ncy ~M ~!§£;tiv~
§X~~
£
~l
See
notes
Mll§=l211
following
.i!!~
RCW
84 .52.043.
~7veubi:!!:tY=Yfeg;ti~~ £sll§ s!!~ :tti!i:
~:tl.Qll Ssi§2=~illllllli:llsm=.l221 1st ~.!.§.:.
£ !22l
See notes following RCW 84.52.043.
Chapter 70.30
TUBERCULOSIS HOSPITALS AND FACILITIES
70.30.061
ADH~!QNS !Q Ufl!!!ll.:. Any
person residing in the state and needing
treatment for tuberculosis, may apply in
person to the local health officer or to
any licensed physician for examination and
if such physician has reasonable cause to
believe that said person is suffering from
tuberculosis in any form he may apply to
the local health officer or tuberculosis
hospital dir.::ctor for admission of said
person to an appropriate facility for the
care and treatment of tuberculosis. (1973
1st ex.s. c 213 § 1; 1972 ex.s. c 143 §
2. ]
Chapter 70.32
COUNTY AND STATE TUBERCULOSIS FUNDS
70.32.010
TAX LEVY DIRECTED--TUBERCU·
Tii'berciiiOSiSisa-corunica:
ble disease and tuberculosis control, case
finding, prevention and follow up of known
cases of tuberculosis represents the basic
step in the conquest of this major health
problem.
In order to carry on such work
effectively, the legislative authority of
each county enumerated in RCW 70.33.040
shall budget and shall levy annually a tax
in a sum equal to the amount which would
be raised by a levy of six and one-quarter
cents per thousand dollars of assessed
value against the taxable property in any
county enumerated in RCW 70.33.040, to be
used for the control of tuberculosis,
including case finding, prevention and
follow up of known cases of tuberculosis:
PROVIDED, That upon certification of the
secretary that any such county has an
unexpended balance from such levy, over
and above the amount required for adequate
tuberculosis control, including case find·
ing, prevention and follow up of known
cases of tuberculosis within such county,
the legislative authority may budget and
reappropriate the same for such tubercul~Â
sis control for the ensuing year, or lt
may
allocate from time to time such
unexpended balance, or any portion thereof, to the county health departme~t for
use in furtherance of other communlcable
tog~ fYND~
[ 634 )
STATE ADMINISTERED TUBERCULOSIS HOSPITAL FACILITIES 70.33.030
--------------------------------------------------------------------------------------disease prevention or control, or
as
provided
in RCW 70.32.090 as now or
hereafter amended. The sum herein provided for, and any income that may accrue
from miscellaneous receipts in connection
with the tuberculosis control program of
such county, shall be placed in the county
treasury in a special fund to be known as
the tuberculosis fund,
a~d
obligations
incurred
for the tuberculosis control
program shall be paid from said fund by
the county treasurer in the same manner as
general county obligations are paid.
The
county auditor shall furnish to the legislative authority and the department a
monthly report of receipts and disbursements in the tuberculosis fund,
which
report shall also show balances of cash on
hand. [1973 1st ex.s. c 195 § 79;
1971
ex.s. c 277 § 21; 1970 ex.s. c 47 § 7;
1967 ex.s. c 110 § 11; 1959 c 117 § 1;
1945 c 66 § 1; 1943 c 162 § 1; Rem. supp.
1945 § 6113-1.]
~g!~I~~ili1Y ]ff~!i~ da!~§ g~ ~=
nat~.D £.sj;~consti.J!~!!=1~1.1 1st ~~
£ Ji2A
See notes following RCW 84.52.043.
70.32.090
COUHIIt~ jli~~ I!! ~EVY MO!~
IHA! !~QUA!E--SUR~OS lQ! GE!E£!~ ~OUNT!
Q~ PUB~I~ ~OSEII!~ 2!~IRI£I PURP~~
In
any county enumerated in RCW 70.33.040
where the secretary has certified that the
proceeds of the six and one-quarter cents
per thousand dollars of assessed value tax
levy is more than adequate to provide for
tuberculosis control, including case finding, prevention, and follow-up of known
cases of tuberculosis in the county, the
legislative authority, after a special
public hearing conducted in accordance
with the procedures established for hearings on budgetary matters as delineated in
RCW
36.40.060 and 36.40.070 and upon
making a finding that an adequate general
public health program is being carried out
in the county, may budget and reappropriate such ~urplus funds from the six and
one-quarter cents per thousand dollars of
assessed value tax levy for the ensuing
year to the county treasury for gen~ral
purposes of the county, as authorized by
law~ or the legisiative authority
in its
discretion may budget, reappropriate and
transfer such surplus fund to any p~blic
hospital
district
within the county.
[1973 1st ex.s. c 195 § 80; 1971 ex.s. c
277 § 24;
1967 ex.s. c 110 § 15; 1961 c
101-§ 1; 1959 c 117 § 3.)
~~tl~J.!j,lity
Eff~ti~ ~!~§ g~ !ermi=
.!!.s!iO,D da~.Q!!.§!I.J!£!ion 191J 1st ~.:.
£ l~A See notes following RCi 84.52.043
197 3 RCW SUPP •
Chapter 70.33
STATE ADKINISTERED TUBERCULOSIS HOSPITAL
FACILITIES
70.33.020
~E~£ET!RX~~
ru;,gQ!§l.BILI!!=~~
!Q~!l~i!II!~
From and
after
August 9, 1971, the secretary shall have
respousibility for establishing standards
for the control, prevention and treatment
of tuberculosis and shall have administrative responsibility and control for all
tuberculosis hospital facilities in the
state operated pursuant to this chapter
and RCW 70.32.010, 70.32.050, 70.32.060
an~
70.32.090 and for providing, either
directly or through agreement, contract or
purchase, hospital, nursing home and other
appropriate facilities and services including laboratory services for persons
who are, or may be suffering from tuberculosis except as otherwise provided by RCW
70.30.061, 70.33.020, 70.33.030, 70.33.040
and 70.35.040.
Pursuant to that responsibility,
the
secretary shall have the following powers
and duties:
(1)
To develop and enter into such
agreements, contracts or purchase arrangements with counties and public and private
agencies or institutions to provide for
hospitalization, nursing home or other
appropriate facilities and services for
persons who are or may be suffering from
tuberculosis, or to provide for and maintain any tuberculosis hospital facility
which the secretary determines is necessary to meet the needs of the state, to
determine where such hospitals shall be
located
and to adequately staff such
hospitals to meet patient care needs;
(2)
To appoint a medical director for
each tuberculosis hospital facility oper•
ated pursuant to this chapter and RCW
70.32.010.
70.32.050,
70.32.060
and
70.32.090;
(3)
Adopt such rules and regulations as
are necessary to assure effective patient
care and treatment, an~ to provide for the
general
administration of tuberculosis
hospital facilities operated pursuant to
this chapter and RCW 70.32.010, 70.32.050,
70.32.060 and 70.32.090. (1973 1st ex.s.
c 213 § 2; 1971 ex.s. c 277 § 16.]
70.33.030
TIQ!§=-POWE~~
MEQI£!b DIRE£TOp __ QQ!1!FI£!=
!ND QQil~~
The medical
director of any tuberculosis
hospital
facility operated pursuant to this chapter
and RCW 70.32.010, 70.32.050, 70.32.060
and 70.32.090 and RCW 70.30.061, 70.33.020, 70.33.030, 70.33.040 and 70.35.0qo
shall be a qualified and licensed practitioner of medicine and shall have the
following powers and duties:
(1)
To provide for the administration
of the hospital according to the rules and
regulations adopted by the department;
(2)
To adopt and publish such rules and
regulations governing the administration
of the hospital as are deemed necessary:
[ 635 )
70.33.030
PUBLIC HEALTH AND SAFETY
·---------------~-----------~--------------~------------------------
PROVIDED, That such rules and regulations
are not in conflict with those adopted by
the department and have the written approval of the secretary. [1973 1st ex.s.
c 213 § 3; 1971 ex.s. c 277 § 17.]
70.33.040
TAX
LEVY
DIRECTED--STATE
SERVIQ!§ 1!§ l!t!&!N!t~D-BY-1~ll 1§!
~11
~
it~
EI.s:-£
In order to maintain adequate
tuberculosis hospital facilities and to
provide
for
adequate hospitalization,
nursing home and other appropriate facilities and servic~s for the residents of the
state of Washington who are or may be
suffering from tuberculosis and to assure
their proper care pursuant to .this chapter, the standards set by the secretary
pursuant to RCW 70.33.020 and RCW 70.32.010, 70.32.050, 70.32.060 and 70.32.090,
the legislative authority of
Clallam,
Jefferson
Kitsap, Mason, Grays Harbor,
Thurston,
Pacific,
Lewis,
Wahkiakum,
cowlitz,
Clark,
Skamania,
Klickitat,
Pierce, King, snohomish, Skagit, Whatcom,
san Juan and Island counties shall levy
annually a tax in the sum equal to the
am~unt
which would be raised by a levy of
one-sixteenth mill against the
actual
value of the taxable property in the
county.
If such counties desire to receive state
services, they may elect to utilize funds
collected pursuant to this section for the
purpose of contracting with the state upon
agreement by the state for the cost of
providing
tuberculosis
hospitalization
and/or outpatient treatment including laboratory services, or such funds may be
retained by the county for operating its
own services for the prevention and treatment of tuberculosis or any other community health purposes authorized by law.
None of such counties shall be required to
make any payments to the state or any
other agency from these funds except upon
the express consent of the county legislative authority: PROVIDED, That if the
counties do not comply with the promulgated standards of the department the secretary shall take action to provide such
required services and to charge the affected county directly for the provision
of these services by the state.
[1973 1st
ex.s. c 213 § 4; 1971 ex.s. c 277 § 18.)
E~r•s ~
RCW
70.33.040
was
amended twice during the 1973 first extraordinary session of the legislature,
each withcut reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
70.33.040
111 b]Y1 Q£]]£I~~PRQ£]]Q~
IQ §!!!E--SU]RbQ§ S]VENQ]~ BETURNED J!~
A_.MNDED ll.! .121] 1.§! ~~ £ j95 ~ !Ul~ In
order to maintain adequate tub~rculosis
hospital facilities for the residents of
the state of Washington and to assure
their proper care pursuant to this chapter
and RCW 70.32.010,
70.32.050, 70.32.060
and 70.32.090, the legislative authority
of Clallam, Jefferson,
Kitsap,
Mason,
Grays Harbor,
Thurston, Pacific, Levis
ilahkiakum,
Cowlitz,
Clark,
Skamania:
Klickitat,
Pierce,
King,
snohomish,
Skagit, Whatcom, San Juan and
Island
counties shall, levy annually a tax in the
sum equal to the amount which would be
raised by a levy of six and one-quarter
cents per thousand dollars of assessed
value against the taxable property in the
county. Upon collection such sum shall be
paid to the state to be used for the cost
of maintaining and operating tuberculosis
hospital facilities operated pursuant to
this chapter and RCW 70.32.010, 70.32.050,
70.32.060 and 70.32.090.
All other sources of revenue in tuberculosis hospital
facilities operated pursuant to this chapter and RCW 70.32.010, 70.32.050, 70.32.060 and 70.32.090 shall be collected by
such tuberculosis hospital facilities.
There is hereby appropriated to the department such revenue as is collected
resulting from the six and one-quarte~
cents per thousand dollars of assessed
value levy provided for herein, and the
collections made by the tuberculosis hospital facilities.
such appropriations to
the department shall be used for the cost
of maintaining and operating tuberculosis
hospital facilities pursuant to this chapter and RCW 70.32.010, 70.32.050, 70.32.060 and 70.32.090: PROVIDED, That in the
event that the revenues collected under
this section exceed the cost of hospitalization, surplus revenues will be returned
to the counties in proportion to the
property taxes collected from those counties. [ 1973 1st ex. s. c 195 § 81; 1971
ex.s. c 277 § 18.]
Seygg_eilii.Y=Ef!gctiv~ da!:~ ~!lQ
nation
£ 19s:
dates-~Construction--1973
--see-notes-
Reviser's note:
.1tl!i:.
1st ex.s.
touowirig"Rcw84:S2:043:
RCW
70.33.040
was
1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
amende~twice-dUring the
Chapter 70.35
EASTERN TUBERCULOSIS HOSPITAL DISTRICT
70.35.040
liQSPI!!b ~UPESl]!]MQlili!==!f=
POINTMENT-=CO~g~NSATION-=2UA1Jfi£!!!Q]==
DUTIES.
The district commission shall
appoint and determine the compensation of
a hospital superintendent for the distric~
who shall serve at the pleasure of the
commission and be a physician duly licensed in this state and qualified in
public health and/or specializing in the
care of tuberculosis. Such superintendent
shall act as administrative officer for
the commission, shall be the tuberculosis
[ 636 ]
HOSPITAL HEALTH CARE SERVICES--HOSPITAL COMMISSION
70.39.030
-----------------------~------------------------------------------------~----------
health care services that total hospital
costs are reasonably related to total
services, that hospital rates are reasonably Lelated to aggregate costs, and that
such rates are set equitably among all
purchasers of these services without undue
discrimination.
The legislature finds and declares that
rising hospital costs are a vital concern
to the people of this state because of the
danger which is posed that hospital and
health care services are fast becoming out
of the economic reach of the majority of
our population.
It is further declared
that health care is a right of the people
and one of the primary purposes for which
governments are established,
and it is,
therefore, essential that an effective
cost control program be established which
will both enable and motivate hospitals to
control their spiraling costs.
It is the
legislative intent,
in pursuance of this
declared public policy,
to provide for
uniform measures on a state-wide basis to
control hospital costs without the sacrifice of quality of service. ( 1973 1st
ex. s. c 5 § 2. ]
control officer for
the district,
and
shall be empowered to employ such technical and other personnel as approved by
such commission.
[1973 1st ex.s. c 213 §
5; 1971 ex.s. c 277 § 8.)
70.35.070
TAX
LEVY DIRECTED--DISPOSI-
IIQ!i ~ IYNDS :2fEc!!~ fYND
I~--!iU~QUAR=
TERS
COUNTY.
TuberculoSlS
lS
a
communicable-disease and tuberculosis control,
including
hospitalization, case
finding, prevention and follow-up of known
cases of tuberculosis represent the basic
step in the conquest of this major health
problem.
In order to carry on work
effectively in these fields there shall be
levied for tuberculosis hospital district
~urposes in the district annually a tax in
a sum equal to the amount which would be
raised by a levy of twelve and one-half
cents per thousand dollars of assessed
value against the taxable property in the
district, or the equivalent thereof, such
levy to be made by the board of county
commissioners in each county constituting
the district, fifty percent of the receipts therefrom to be forwarded quarterly
in January, April, July and October of
each
year by the treasurers of such
county, other than the headquarters county
where tuberculosis control activities will
be carried out by the hospital,
to the
treasurer of the headquarters district
county, who shall be treasurer for the
district.
The retained fifty percent of
the funds are to be used by the chief
health officers to carry out tuberculosis
control on a l~cal county level pursuant
to rules and regulations adopted by the
district commission. The sum herein provided for,
and any income that may occur
from miscellaneous receipts in connection
with
the aforesaid
programs shall be
placed in a special fund in the treasury
of the headquarters county and obligations
incurred for such programs shall be paid
from such fund upon order of the district
commissioners by the treasurer in the same
manner as general countJ obligations are
paid. ( 1973 1st ex.s. c 195 § 82;
1972
ex.s. c 143 § 1; 1971 ex.s. c 277 § 11.]
70.39.020
Q~II!l!!ON~
As used in
this chapter:
(1) "Commission" means the hospital commission of the state of Washington as
created by this chapter;
(2) "Consumer" means any person whose
occupation is other than the administration of health activities or the providing
Qf health services, 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) "Hospital" means any health care
institution which is required to qualify
for a license under RCW 70.41.020 (2);
or
as a psychiatric hospital under chapter
71.12 RCW,
but shall not include any
health
care institution conducted for
those who rely primarily upon treatment by
prayer or spiritual means in accordance
with the creed or tenets of any church or
denomination. [ 1973 1st ex.s. c 5 § 3.)
Sev~~~ility--EffeC!i~ ~~§ snd ~mi=
~i2.!l g,ates
Constru£1io.!!=1211 .1§i ~§~
£
195~
70.39.030
COMMISSION--CREThere is hereiiycreated
a hospital commission,
which shall be a
separate and independent commission of the
state.
The commission shall be composed
of five members appointed by the governor,
and generally representative of the public
as consumers, labor, business, and hospitals, and shall be individuals concerned
with the delivery of quality health care;
but in no event shall more than two
members have any fiduciary obligation to a
health facility or other health agency,
nor any direct financial interest in the
rendering of health services.
In cases
when proposed rate increases for
osteopathic hospitals are to be considered, the
represe~tative of osteopathic hospitals on
Chapter 70.39
HOSPITAL HEALTH CARE SERVICES--HOSPITAl
COMMISSION
70.39.010
PURPOSE.
The primary purpose of this--chapter is to promote the
economic delivery of high quality and
effective hospital health care services to
the people by establishing a
hospital
commission with authority over financial
disclosure and budget and prospective rate
review and other related matters, which
will assure all purchasers of hospital
1973 RCil SUPP.
[
liQ~AL
ll~Q=Ml!ll~~!!il.:.
See notes following RCW 84.52.043.
637
1
70.39.030
PUBLIC HEALTH AND SAFETY
---------.-
the technical advisory committee shall
replace a hospital representative on the
commission. ( 1973 1st ex. s. c 5 § 4. )
70.39.040
fiOSf!TAb £QnMISS!ON~ERMS-Â
VACANCIES.
Members of the
commission
sbiii--serve for four-year terms and shall
require senate confirmation.
No member
shall serve on the commission for more
than two consecutive terms.
A vacancy
shall be filled by appointment for the
remainder of the unexpired term and the
initial appointment~ and vacancies shall
not require s~mate confirmation until the
legislature
next convenes.
[ 1973 1st
ex.s. c 5 § 5.)
70.39.050
HOSPITAL
COMMISSION--OFFICERS--MEETINGS-TCOMPENSATION. The member
represeilting-consum~sof health care
services shall serve as chairman.
The
commission shall elect from its members a
vice-chairman biennially. Meetings of the
commission shall be held as frequently as
its duties require. The commission shall
keep minutes of its meetings and adopt
procedures for the governing of its meetings, minutes, and transactions.
Three members shall constitute a quorum,
but a vacancy on the commission shall not
impair its power to act. No action of the
commission shall be effective unless three
members concur therein.
The members of the commission shall receive no compensation but shall be reimbursed for their expenses while attending
meetings of the commission in the same
manner as legislators engaged in interim
committee business as in RCW 44.04.120.
[1973 1st ex.s. c 5 § 6.]
70.39.060
HOSPITAL
COMMISSION--DIREC-
!OR--S~CR~Y--STAFF:_SERVICES:-~e-coi=
mission shall
appoint
a
full
time
executive director and a deputy director
and confidential secretary who shall be
exempt from the civil service law, chapter
41.06 RCW and who shall perform the duties
delegated by the commission. The executive director shall be the chief administrative officer of the commission and
shall be subject to its direction.
The secretary of the department of social and health services shall employ and
furnish such other staff as are necessary
to fulfill the responsibilities and duties
of
the commission, such staff to be
subject to the civil service law, chapter
41.06 RCW, and under the supervision of
the commission and its executive director.
In addition, the commission may contract
with third parties for services necessary
to carry out its activities where this
will promote economy, avoid duplication of
effort, and make best use of available
expertise.
Any such contractor or consultant shall
be prohibited from releasing, publishing,
or otherwise using any information made
available to it under its contractual
Lesponsibility, without specific permission of the commission.
The commission may apply for and receive
and acce~t gra~ts, gifts, and other payments, 1.nclud1.ng property and service,
from any governmental or other public or
private entity or person, and may make
arrangements as to the use of
these
receipts, including the undertaking of
special studies and other projects relating to hospital health care costs. (1973
1st ex.s. c 5 § 7. l
70.39.070
I]~tl]!CAL
ADV!§QR! COMMI!=
TE,£;=::11.ID:1ID;B:1_ Tf)RMS-_Q!:fiCERS-M.UTI,H~~=
EXg!~~
In order to assist the commission in carrying out its duties, the
governor shall appoint a technical advisory committee, hereinafter referred to as
"committee", which shall consist of eleven
members as follows:
(1) One member who shall be a certified
public accountant licensed pursuant to
chapter 18.04 RCW and vho shall be knowledgeab~e
in the financial affairs
of
hospitals.
(2)
one member who shall be a health
care practitioner licensed under the laws
of this state and who shall be knowledgeable in hospital administration.
(3)
Five members vho shall be representative of the interest of investor-owned,
district, not-for-profit, osteopathic, and
university hospitals.
(4) one member who shall be representative of consumers of health care.
(5) One member who shall be the secretary of the department of social and
health services, or his designee,
to
provide continuing liaison, data and support from those functions of the department which may affect the responsibilities
of the commission.
(6) One member who shall be the director of the planning and community affairs
agency, or his designee, to provide continuing liaison with the planning efforts
of
the
comprehensive health planning
council.
(7) One
member
of the commission,
elected by the commission.
The members shall serve concurrently and
shall have four-year terms.
Any vacancy
shall be filled by appointment by the
governor and an appointee selected to fill
such vacancy shall hold office for the
balance of the term for which his predecessor vas appointed. The committee shall
elect from its members a chairman and a
vice-chairman to serve concurrently with
the chairman. The executive director of
the commission shall act as executive
secretary to the committee, and the commission shall otherwise offer suoh staff
services and supplies as the committee may
require to carry out its responsibilities.
The committee shall meet on call of the
chairman of the commission, or on request
of a majority of the commission.
Members
of
the committee shall serve without
[ 638 ]
70.39.120
HOSPITAL HEALTH CARE SERVICES--HOSPITAL COMMISSION
--------------------------------------------------------------------------------------compensation but shall be reimbursed for
their expens.:s in the same manner as
[ 1973 1st
members of the commission.
ex. s. c 5 § 8 • ]
70.39.080
IECHNIC!1 !~!I~Q~! COMMITTEE-DUTIES.
The committee shall have the
duty-upon-the request of the commission to
consult with and make recommendations to
the commission:
(1)
on matters of policy;
(2)
On rules and regulations proposed
by
the
commission to implement this
chapter;
(3)
on analyses and studies of hospital
health care costs and related matters
which may be undertaken by the commission;
and
(4)
on such other matters as the commission may refer. [1973 1st ex.s. c 5 §
9. ]
70.39.090
HOSPITAL COMMISSION--SUBCOMTo iii'rt'herthepurpose5Cit"hi5
chapter, the commission may create committees from its membership, and may create
such ad hoc advisory committees in specialized fields, related to the functions
of hospitals, as it deems necessary. to
supplement the resources provided by the
technical advisory committee.
[1973 1st
ex.s. c 5 "§ 10.]
illTEl;~~
70.39.100
UNIFORM SYSTEM Ql HOSPITA1
!~OUNTIN{! !!i~-~~.fQRTgG. (1) The commission, after study arid in consultation with
advisory committees, if any, shall establish by the promulgation of rules and
regulations pursuant to the Administrative
Procedure Act, chapter 34.04 RCW, a uniform system of accounting and financial
reporting,
including such cost allocation
methods as it may prescribe,
by which
hospitals shall record their revenues,
expenses, other income,
other outlays,
assets
and liabilities, and units of
service.
All hospitals shall adopt the
system for their fiscal year period to be
effective at such time and date as the
commission shall direct. In determining
the effective date for reporting requirements, the commission shall be mindful
both of the immediate need for uniform
hospital reporting information to effectuate the purposes of this chapter and the
administrative and economic difficulties
which hospitals may encounter in conversion, but in no event shall such effective
date be later than two and one-half years
from the date of the formation of the
commission.
(2) In establishing such accounting systems and uniform reporting procedures, th~
commission shall take into consideration:
(a) Existing systems of accounting and
reporting presently utilized by hospitals;
(b) Differehces among hospitals according to size; financial structure; ~ethods
1973 RCW SUPP.
of payment for services; and scope,
type,
and method of pro\iding services; and
(c) Other
pertinent
distinguishing
factors.
(3} The commission shall, where appro~
priate,
provide for modification, cons~sÂ
tent with the purposes of this chapter, of
reporting requirements to correctly reflect these differences among hospitals,
and to avoid otherwise unduly burdensome
costs in meeting the requirements of the
uniform system of accounting and financial
reporting.
(4} The accounting system, where appropriate, shall be structured so as to
establish and differentiate costs incurred
for patient-related services renderen by
hospitals,
as distinguished from
those
incurred with reference to educational
research and other nonpatient-related activities including but not limited to
charitable activities of such hospitals.
(1973 1st ex.s. c 5 § 11.]
70.39.110
!!iNU!1 RE~QB~ BY HOSPITALS.
(1) Each hospital shall file annually with
the commission after the close of the
fiscal year:
(a} A balance sheet detailing the assets, liabilities, and net worth of the
hospital;
(b) A statement of income and expenses;
(c) such other reports of the costs
incurred in rendering services as the
commission may prescribe.
(2) Where more than one licensed hospital is operated by the reporting organization, the information required by this
section shall be reported for each hospital separately.
(3) The commission shall require certification of specified financial reports by
the hospital's certified public accountant,
and may require attestation as ~o
such statements from responsible officials
of the hospital that such reports have to
the best of their knowledge and belief
been
prepared in accordance with the
prescribed system
of
accounting
and
reporting.
(4) All reports, except privileged medical information, filed under this chapter
shall be open to public inspection.
(5) The commission shall have the right
of inspection of hospital books,
audits,
and records as reasonably necessary to
verify hospital reports.
[1973 1st ex.s.
c5§12.]
70.39.120
~.§.:=-AN.!L YSi;.§.
HOSPITAL
!!i~
~Q§~
ANQ
FINAJ!~.::
.§.IUDIES=MPO!!I~
( 1)
The commission shall from time to time
undertake analyses and studies relating to
hospital health care costs and to the
financial status of any hospital or hospitals subject to the provisions of this
chapter,
and may publish and d~sseminate
such information as it deems desirable in
the public interest.
It· shall further
[ 639 ]
70.39.120
PUBLIC HEALTH AND SAFETY
--------------------------------------- ---------------------------------------------require the filing of information concerning the total financial needs of each
hospital and the resources available or
expected to become available to meet such
needs, including the effect of proposals
made by area-wide and state comprehensive
health planning agencies.
(2) The commission shall also prepare
and file such summaries and compilations
or other supplementary reports based on
the information filed with the commission
hereunder as will advance the purposes of
this chapter. (1973 1st ex.s. c 5 § 13.]
70.39.130
REPORT TO GOVERNOR AND LEGISLATURE. The--commission--sbaii -prepare
aid;--prior to each legislative session
beginning in January, transmit to the
governor and to members of the legislature
an annual report of commission operations
and activities for the preceding fiscal
year. This report shall include a compilation of all summaries and reports required by this chapter, together with such
findings and recommendations as the commission deems necessary. (1973 1st ex.s.
c 5 § 14.]
70.39.140
~~1
B~==~~!
J]!ESTIGATIQN-C0~.2==~_gll.il~.tl1itll
IiAI~-RECOMMJj;NDAli.Ql!.:.
From and after
!~Q
Q1
a
date not less than twelve months but not
more than twenty-four months after the
adoption of the uniform system of accounting and financial reporting required by
RCW
70.39.100, as the commission may
direct, the commission shall have the
power to initiate such reviews or inv.estigations as may be necessary to assure all
purchasers of hospital health care services that the total costs of a hospital
are reasonably related to the total services offered by that hospital, that the
hospital's aggregate revenues as expressed
by rates are reasonably related to the
hospital's aggregate costs; and that rates
are set equitably among all purchasers or
classes of purchasers of services without
undue discrimination or preference.
In order to properly discharge these
obligations, the commission shall have
full power to review projected annual
revenues and approve the reasonableness of
rates proposed to generate that revenue
established or requested by any hospital
subject to the provisions of this chapter.
No hospital shall charge for services at
rates other than those established in
accordance with the procedures established
hereund-er.
In the interest of promoting the most
efficient and effective use ~f ~ospital
health care service, the comm~ss~on may
promote and approve alternative methods of
rate determination and payment of
an
experimental nature that may be in the
public interest and consistent with the
purposes of this chapter.
For the purposes of the Federal Economic
stabilization Act of 1970, as now or
hereafter amended, the commission shall
serve as the ~tate agency responsible for
recommending increases in rates for hospital and related health care institutions
to the federal price commission or its
successor:
PROVIDED, HOWEVER, That in
cases where the rates of nursing homes or
similar health institutions are subject to
federal review the members of the commission representing hospitals shall not sit
in the proceedings nor vote, and the
governor shall appoint an ad hoc member
representing nursing homes or
similar
health institutions in lieu thereof, who
shall have the same powers as the other
members
with respect to such federal
review only. [1973 1st ex.s. c 5 § 15.]
70.39.150
POWERS AND DUTIES OF COMMISTo properly-carry o~s-authority
the commission shall:
(1) Immediately upon July 16, 1973 begin
to compile all relevant financial and
accounting data in order to have available
the statistical information necessary to
properly conduct rate review and approval.
such data shall include necessary operating expenses, appropriate expenses incurred for rendering services to patients
who cannot or do not pay, all properly
incurred interest charges, and reasonable
depreciation expenses based on the expected useful life of the property and equipment
involved.
The commission shall
define and prescribe by rule and regulation the types and classes of charges
which cannot be changed except as provided
by the procedure contained in RCW 70.39.160 and it shall also obtain from each
such hospital a current rate schedule as
well as any subsequent amendments
or
modifications of that schedule as it may
require.
(2) Permit
any nonprofit hospital subject to the provisions of this chapter to
charge reasonable rates which will permit
the hospital to render effective
and
efficient service in the public interest
and on a solvent basis.
(3) Permit any proprietary profit-making
hospital subject to the provisions of this
chapter to charge reasonable rates which
will permit the hospital to render effective and efficient service in the public
interest and which includes an allowance
for a fair return to stockholders based
upon actual investment or the fair value
of the investment, whichever is less.
(4) Take into account, in the determination of reasonable rates under this sec•
tion
for
each
hospital,
the
recommendations of appropriate area-wide
and state comprehensive health planning
agencies
to - ensure
compliance
with
washington comprehensive health planning
law, chapter 70.38 RCW.
(5) Permit, in considering a request for
change in or initiating a review of rate
schedules or other charges, any hospital
subject to the provisions of this chapter
SIQ!~
[ 640 J
HOSPITAL HEALTH CARE SERVICES--HOSPITAL COMMISSION
70.39.180
--------------------------------------------------------------------------------------to charge rates which will in the aggregate produce sufficient total revenue for
the hospital to meet all of the reasonable
obligations specified in this chapter.
[1973 1st ex.s. c 5 § 16.]
70.39.160
ftl!NGES IN ~AT~2==g]Q£~DURE~
From and after the date determined by the
commission pursuant to RCW 70.39.140, no
hospital subject to the provisions of this
chapter shall change or amend that schedule of rates and charges of the type and
class which cannot be changed without
prior approval of the commission, except
in
accordance
with
the
following
procedure:
(1) Any request for a change in rate
schedules or other cha=ges must be filed
in writing in the form and content prescribed by the commission and with such
supporting data as the hospital seeking
the change deems appropriate. Unless the
commission orders otherwise as provided
for in subsection (4) of this section, no
hospital
shall establish such changes
except after notice to the commission of
at least thirty days from the time the
rate is intended to go into effect.
Upon
receipt of notice, the commission may
suspend the effective date of any proposed
change.
In any such case a formal written
statement of the reasons for the suspension will be promptly submitted to the
hospital. Unless suspended, any proposed
change shall go into effect upon the date
specified in the application.
(2) In any case where such action is
deemed necessary, the commission shall
promptly, but in any event within thirty
days, institute proceedings as to the
reasonableness of the proposed changes.
The suspension may extend for a period of
not more than thirty days beyond the date
the change would otherwise go into effect:
PROVIDED, That should it be necessary. the
commission may extend the suspension for
an additional thirty days.
After the
expiration of ninety days from the date
the rate is intended to go into effect the
new rate will go into effect, if the
commission does not approve, disapprove,
or modify the request by that time.
(3)
such proposed changes shall be considered at a public hearing, the time and
place of which shall be determined by the
commission. The hearing shall be conducted by the commission. Evidence for and
against the requested change may be introduced at the time of the hearing by any
interested party and witnesses may be
heard.
The hearing may be conducted
without compliance with formal rules of
evidence.
(4) The commission may, in its discretion,
permit any hospital to make a
temporary change in rates which shall be
effective imm~diately upon filing and in
advance of any review procedure when it
deems it in the public interest to do so.
Notwithstanding such ~emporary change in
1973 RCW SUPP.
[ 641
rates, the review procedures set out in
this section shall be conducted by the
commission as soon thereafter
as
is
practicable.
(5) Every decision and order of the
commission in any contested proceeding
shall be in writing and shall state the
grounds for the commission's conclusions.
The effects of such orders shall
be
prospective in nature. ( 1973 1st ex.s. c
5 § 17.]
70.39.170
BUDGET--EXPENSES--ASSESSMENTS--HOSPITAL co~MfSsioi--a£90iliT. --The
commission---shall--biennially prepare a
budget which shall include its estimated
income and expenditures for administration
and operation for the biennium, to be
submitted to the governor for transmittal
to the l~gislature for approval.
Expenses of the commission shall be fi~
nanced by assessment against hospitals in
an amount to be determined biennially by
the commission, but not to exceed four
one-hundredths of one percent of each
hospital's gross operating costs to be
levied and collected from and after July
1, 1973 for the provision of hospital
services for its last fiscal year ending
on or before June 30th of the preceding
calendar year. Budgetary requirements in
excess of that limit may be financed by a
general fund appropriation by the legislature. All moneys collected are to be
deposited by the state treasurer in the
hospital commission account in the general
fund which is hereby created.
Any amounts raised by the collection of
assessments from hospitals provided for in
this section which are not required to
meet appropriations in the budget act for
the current fiscal year shall be available
to the commission in succeeding years~
[1973 1st ex.s. c 5 § 18.]
RULE~
!]Q B~2Q1AT!Q]§==gQ~=
H~!S!liGS==!N!!§I!QATIQNS==~Q~RQ~N!
70.39.180
1!~
PO~
In addition to the powers granted
to the commission elsewhere in this chapter, the commission may:
(1) Adopt, amend, and repeal rules and
regulations respecting the exercise of the
powers conferred by this chapter, subject
to the provisions of the Administrative
Procedure Act, chapter 34.04 RCW applicable to the promulgation of rules and
regulations.
(2) Hold public hearings, conduct investigations, and subpoena witnesses, papers,
records,
and
documents in connection
therewith. The commission may administer
oaths or affirmations in any hearing or
investigation.
(3) Exercise, subject to the limitations
and restrictions herein imposed, all other
powers which are reasonably necessary or
essential to carry out the
expressed
objects and purposes of this chapter.
[1973 1st ex.s. c 5 § 19.]
]
70.39.190
PUBLIC HEALTH AND SAFETY
------·-------70.39.190
REVJ]~
Any
person
aggrieved by a final determination of the
commission as to any rule, regulation, or
determination under the provisions of this
chapter shall be entitled to an administrative hearing and judicial review in
accordance with the Administrative Procedure Act, chap~er 34.04 RCW. (1973 1st
ex.s. c 5 § 20.]
70.39.200
PENALTIES
FOR !!OLATIONS~
Every person who shalr-violate or knowingly aid and abet the violation of this
chapter or any valid orders, rules, or
regulations thereunder, or who fails to
perform any act which it is herein made
his duty to perform shall be guilty of a
misdemeanor. Following official notice to
the accused by the commission of the
existence of an alleged violation, each
day upon which a violation occurs shall
constitute a separate violation.
Any
person violating the provisions of this
chapter may be enjoined from continuing
such violation.
[1973 1st ex.s. c 5 §
21. ]
70.39.900
~~~!LITX
1973 1ST~~~~
If any provision of this 1973 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. [1973 1st ex.s. c 5 §
22. ]
~ 2~
70.39.910
1I§!BAL £Q~CTION. Consistent with the purposes enumerated in
RCW 70.39.010, the provisions of this
chapter shall be liberally construed, and
shall not be limited by any rule of strict
construction. [1973 1st ex.s. c 5 § 23.]
Chapter 70.40
HOSPITAL AND MEDICAL FACILITIES SURVEY AND
CONSTRUCTION ACT
70.40.150
HOSPITAL AND MEDICAL FACILI1! ~.!§TRUCT1.Qlf FUND--DEPOSITh QSE:-Tiie
secretary is hereby authorized to receive
federal funds in behalf of, and transmit
them to, such applicants or to approve
applicants for federal funds and authorize
the payment of such funds directly to such
applicants as may be allowed by federal
law.
To achieve that end there is hereby
established, separate and apart from all
public moneys and funds of this state, a
trust fund to be known as the "hospital
and medical facility construction fund",
of which the state treasurer shall ex
officio be custodian.
Moneys received
from the federal government for construction projects approved by the surgeon
general shall be deposited to the credit
of this fund, shall be used solely for
payments due applicants for work performed, or purchases made, in carrying out
approved projects. Vouchers covering all
payments from the hospital and medical
facility construction fund shall be prepared by the department of social and
health services and shall bEar the signature of the secretary or his duly authorized agent for such purpose, and warrants
therefor shall be signed by the state
treasurer. [ 197 3 c 106 § 31; 1959 c 252 §
11; 1949 c 197 § 15; Rem. Supp. 1949 §
6090-74.]
Chapter 70.44
PUBLIC HOSPITAL DISTBICTS
70.44.060
RQllRS .!Jill QUTIEh All public hospital districts organized under the
provisions of this chapter shall have
power:
(1) To make a survey of existing hospital facilities within and without such
district.
(2)
To construct, condemn and purchase,
purchase,
acquire, lease, add to, maintain, operate, develop and regulate, sell
and convey all lands, property, property
rights, equipment, hospital facilities and
systems for the maintenance of hospitals,
buildings, structures and any and all
other facilities, and to exercise the
right of eminen~ domain to effectuate the
foregoing purposes or for the acquisition
and damaging of the same or property of
any kind appurtenant thereto, and such
right of eminent domain shall be exercised
and instituted pursuant to a resolution of
the commission and conducted in the same
manner and by the same procedure as in or
may be provided by law for the exercise of
the power of eminent domain by incorporated cities and towns of the state of
washington in the acquisition of property
rights: PROVIDED, That no public hospital
district shall have the right of eminent
domain and the power of
condemnation
against any hospital clinic or sanatorium
operated as a charitable, nonprofit establishment or against a hospital clinic or
sanatorium operated by a religious group
or organization:
AND PROVIDED, FURTHER,
That no hospital district organized and
existing in districts having more than
twenty-five thousand population have any
of the rights herein enumerated without
the prior written consent of all existing
hospital facilities within the boundaries
of such hospital district.
(3)
To
lease existing hospital and
equipment and/or other property used in
connection therewith, and to pay such
rental therefor as the commissioners shall
deem proper; to provide hospital servi~e
for residents of said district in hosp~Â
tals located outside the boundaries of
said district, by contract or in any oth7r
manner said commissioners may deem exped1ent or necessary under the existing conditions; and said hospital district shall
[ 642 )
PUBLIC HOSPITAL DISTRICTS
70.4q.060
--------------------------------------------------------------------------------------have the power to contract with other
communities, corporations or individuals
for the services provided by said hospital
district; and they may further receive in
said hospital and furnish proper
and
adequate
services to all persons not
residents of said district at such reasonable and fair compensation as may be
considered proper: PROVIDED, That it must
at all times make adequate provision for
the needs of the district and residents of
said district shall have prior rights to
the available facilities of said hospitals,
at
rates set by the district
commissioners.
(4)
For the purpose aforesaid, it shall
be lawful for any district so organized to
take, condemn and purchase, lease, or
acquire, any and all property, and property rights,
including state and county
lands, for any of the purposes aforesaid,
and any and all other facilities necessary
or convenient, and in connection with the
construction, maintenance, and operation
of any such hospital.
(5) To contract indebtedness or borrow
money for corporate purposes on the credit
of the corporation or the revenues of the
hospitals thereof, and to issue (a}
revenue bonds therefor payable solely out of a
special fund or funds into which the
district may pledge such amount of the
revenues of the hospitals thereof to pay
the same as the commissioners of the
district may determine,
such
revenue
bonds, to be issued in the same manner and
subject to the same provisions as provided
for the issuance of revenue bonds by
cities or towns under the Municipal Revenue Bond Act, chapter 35.41 RCW, as may
hereafter be amended or (b) general obligation bonds therefor in the manner an~
form as provided in RCW 70.44.1,0 to
70.44.130, inclusive, as may her~after be
amended; and to assign or sell hospital
accounts receivable for collection with or
without recourse.
(6~
To raise revenue by the levy of an
annual tax on all taxable property within
such
public hospital district not to
exceed seventy-five cents per thousand
dollars of assessed value or such further
amount as has been or shall be authorized
by a vote of the people: PROVIDED FURTHER, That the public hospital districts
are hereby authorized to levy such a
general tax in excess of said seventy-five
cents per thousand dollars of assessed
value when au~horized so to do at a
special election conducted in accordance
with and subject to all of the requirements of the Constitution and the laws of
the state of washington now in force or
hereafter enacted governing the limitation
of tax levies. The said board of district
commissioners is hereby authorized and
empowered to call a special election for
the purpose of submitting to the qualified
voters of the hospital district a proposition to levy a tax in excess of the
seventy-five cents per thousand dollars of
1973 RCW SUPP.
assessed value herein specifically authorized.
The commissioner shall prepare a
proposed budget of the contemplated financial transactions for the ensuing year and
file the same in the records of the
commission on or before the first Monday
in September.
Notice of the filing of
said proposed budget and the date and
place of hearing on the same shall be
published for at least two consecutive
weeks in a newspaper printed and
of
general circulation in said county. On
the first Monday in October the commission
shall
hold a public hearing on said
proposed budget at which any taxpayer may
appear and be heard against the whole or
any part of the proposed budget.
Upon ~he
conclusion of said hearing, the commission
shall. by resolution, adopt the budget as
finally
determined and fix the final
amount of expenditures for the e~su~ng
year.
Taxes levied by the comm~ss~on
shall be certified to and collected by the
proper county officer of the county in
which such public hospital district is
located in the same manner as is or may be
provided by law for the certification and
collection of port district taxes.
The
commission is authori.zed,
prior to the
receipt of taxes raised by levy, to borrow
money or issue warrants of the district in
anticipation of the revenue to be derived
by such district from the levy of taxes
for the purpose of such district, and such
warrants shall be redeemed from the first
money
available from such taxes when
collected, and such warrants shall not
exceed the anticipated revenues of one
year, and shall bear interest at a rate or
rates as authorized by the commission.
(7)
To enter into any contract with the
United States government or any state,
municipality or other hospital district,
or
any department of those governing
bodies, for carrying out any of the powers
authorized by this chapter.
(8)
To sue and be sued in any court of
competent jurisdiction:
PROVIDED, That
all suits against the public hospital
district shall be brought in the county in
which the public hospital district is
located.
(9)
To make contracts, employ superintendents, attorneys, and other technical
or professional assistants and all other
employees; to make contracts with private
or public institutions for employee retirement programs; to print and publish
information or literature and to do all
other things necessary to carry out the
provisions of this chapter.
(1973 1st
ex.s. c
195 § 83; 1971 ex.s. c 218 § 2;
1970 ex.s. c 56 § 85; 1969 ex.s. c 65 § 1;
1967 c 164 § 7; 1965 c 157 § 2; 1949 c 197
§ 18; 1945 c 264 § 6; Rem.
Supp.
1949 §
6090-35.)
:!till=.
Seygrabil,i:U-Effectiv~ dates ~nd
~~ion g:ates ~1!.2UUCtiQn-1973 1st ~.!..§.!.
Q 195:
[ 643 ]
See notes following RCW 84.52.043.
Ch. 70.87
PUBLIC HEALTH AND SAFETY
--------------------------------------------------------------------------------------Chapter 70.87
ELEVATORS, LIFTING DEVICES, AND MOVING
WALKS
~evice
ont? and off the elEva~or directly
spaces or cub1cles in line
with the elevator and where no persons ar~
normally stationed on any level except the
receiving level;
(8)
"Moving walk" means a type of passenger carrying device on which passengers
stand or walk and whose passenger carrying
surface remains parallel to its direction
of motion;
(9) "Belt manlift" means a device consisting of a power driven endless belt
provided with steps or platforms and hand
hold attached to it for the transportation
of personnel from floor to floor;
(10)
"Division" means the division of
industrial safety and health of the department of labor and industries;
(11)
"Supervisor" means the supervisor,
of the division of industrial safety and
health of the department of labor and
industries;
(12)
"Inspector" means any safety or
elevator inspector of the division including assistant and deputy inspectors, or
the mechanical or elevator inspectors of
the municipality having in effect
an
elevator
ordinance as hereinafter set
forth;
(13)
"Permit" means a permit issued by
the supervisor to construct, install or
operate a conveyance.
11 0ne m,an Capacity manlift 11 !Deans a
(14)
single passenger, hand powered counterweighted device, or electric powered device, vhich travels vertically in guides
and serves two or more landings.
(1973
1st ex.s. c 52 § 9; 1969 ex.s. c 108 § 1;
1963 c 26 § 1.)
~nto
70.87.010
~1!1Q!~~
For the purposes of this chapter, except where a
different interpretation is required by
the context:
11 0wner 11
(1)
means any person having
title to or control of a conveyance, as
guardian, trustee, lessee or otherwise;
11 Conveyance" means an elevator, es(2)
calator, dumbwaiter, belt manlift, automobile parking elevator and moving walk, all
as defined herein;
(3)
"Existing installations" means all
conveyances for which plans were completed
and accepted by the owner, or the plans
and specifications for which have been
filed with and approved by the department
of labor and industries before the effective date of this chapter and work on the
erection of which was begun not more than
twelve months thereafter;
(4) "Elevator" means a hoisting or lowering machine equipped with a car or
platform
which moves in guides in a
substantially vertical direction and which
serves two or more floors or landings of a
building or structure;
(a)
"Passenger elevator" means an elevator on which passengers are permitted to
ride and may be used to carry freight or
materials when the load carried does not
exceed the capacity of the elevator;
(b) "Freight elevator" means an elevator used primarily for carrying freight
and on which only the operator,
the
persons necessary for loading and unloading and such employees as may be approved
by the department of labor and industries
are permitted to ride;
(c) "Sidewalk elevator" means a freight
elevator which operates between a sidewalk
or other area exterior to the buildings
and floor levels inside the building below
such area, which has no landing opening
into the building at its upper limit of
travel and which is not used to carry
automobiles;
(5)
"Escalator" means a power driven,
inclined, continuous stairway used for
raising and lowering passengers;
(6)
"Dumbwaiter" means a hoisting and
lowering mechanism equipped with a car
which moves in guides in a substantially
vertical direction, the floor area ·Of
which does not exceed nine square feet,
whose total inside height, whether or not
provided with fixed or removable shelves,
does not exceed four feet, the capacity of
which does not exceed five hundred pounds
and
is used exclusively for carrying
materials;
(7)
"Automobile parking elevator" means
an elevator located in either a stationary
or horizontally moving hoistway and used
exclusively for parking automobiles where,
during the parking process, each automobile is moved either under its own power
or by means of a power driven transfer
park~ng
70.87.030
DIRECTOR OF LABOR AND INDUSTRili~ !Q ADtllNl~TER RUL~~--ANQ--li~GU1!=
TIONS.
The director of the department of
labOr-and industries shall administer this
chapter through the supe~visor of the
division of building and
construction
safety
inspection services:
PROVIDED,
That, except for the new construction
thereof, all handpowered elevators, belt
manlifts, and one-man capacity manlifts
installed in or on grain elevators shall
be the responsibility of the division of
industrial safety and health of the department of labor and industries.
The
supervisor shall promulgate and adopt such
rules and regulations governing the mechanical and electrical operation, erection,
installation,
alterations,
inspection, acceptance tests, and repair
of conveyances as may be necessary and
appropriate and shall also promulga~e ~nd
adopt minimum standards governing ex~st~ng
installations: PROVIDED, That in the execution of this rule making power and prior
to the promulgation and adoption of rules
and regulations by the supervisor, he
shall consider generally the rules and
[ 644 ]
70.89.010
SAFETY GLAZING MATERIAL
--------------------------------------------------------------------------------------Materials other than glass which have
properties supported by performance data
may be approved by the director for use as
glazing material.
(2)
"Hazardous locations" means those
structural
elements,
glazed or to be
glazed in industrial, commercial and public buildings, known as framed or unframed
glass entrance doors; and those structural
elements,
glazed or to be glazed in
residential buildings and other structures
used as dwellings, industrial buildings,
commercial buildings, and public buildings, known as sliding glass doors, storm
doors, shower doors, bathtub enclosures,
and those fixed glazed panels immediately
adjacent to entrance and exit doors which
may be mistaken for doors; and any other
structural elements, glazed or to
be
glazed, wherein the use of other than
safety glazing materials would constitute
an unreasonable hazard as the director of
the department of_ labor and industries may
determine after notice and hearings as
required by chapter 34.04 RCW (the administrative procedure act) ; whether or not
the glazing in such doors, panels, enclosures and other structural elements is
transparent:
PROVIDED, HOWEVER, That the
replacement of opaque, nontransparent panels in buildings which are completed prior
to the effective date of this amendatory
act shall not be subject to the provisions
of *the act.
(3)
"Commercial buildings" means buildings known as wholesale and retail stores
and storerooms, and office buildings.
(4)
"Public buildings" means buildings
known as
hotels,
hospitals,
motels,
sanitariums,
nursing
homes, theatres,
stadiums,
gymnasiums,
amusement
park
buildings, schools and other buildings
used for educational purposes,
museums,
restaurants, bars, and other buildings of
public assembly.
(5)
••Residential
buildings"
means
buildings, known as homes, apartments, and
dormitories used as dwellings for one or
more families or persons.
(6)
"Other structures used as dwellings" means mobile homes, manufactured or
industrialized housing and lodging homes.
(7)
"Industrial buildings" means build•
ings known as factories.
(8)
"Commercial entrance and exit door"
means a hinged, pivoting, revolving, or
sliding door which is glazed or to be
glazed and used alone or in combination
with other doors on the interior
or
exterior vall of a commercial or public
building as a means of ingress or egress.
(9)
"Primary residential entrance and
exit door" means a door (other than doors
covered by subsection
(10) of this section) which is glazed or to be glazed and
used in the exterior wall of a residential
building as a means of ingress or egress.
(10)
"Storm or combination door" means
a door which is glazed or to be glazed,
and used in tandem with a primary residential or commercial entrance and exit door
to protect the primary residential or
regulations for the safe mechanical operation, erection, installation, alteration,
inspection, and repair of conveyances,
including the American Standard Safety
code ror Elevators, Dumbwaiters and Escalators, and any amendatory or supplemental
provisions thereto, and he shall be guided
by the provisions thereof where pertinent
and consistent with the purposes of this
chapter.
The director of the department
of labor and industries by rule
and
regulation shall establish a schedule of
fees to pay the costs incurred by the
department for the work related to administration and enforcement of this chapter.
Nothing in this chapter shall limit the
authority of the division to prescribe or
enforce general or special safety orders
as provided by law. [1973 1st ex.s. c 52
§ 10; 1971 c 66 § 1; 1970 ex.s. c 22 § 1;
1963 c 26 § 3. ]
Chapter 7 0. 89
SAFETY GLAZING MATERIAL
(FORMERLY: SAFETY GLASS IN SLIDING GLASS
DOORS)
70.89.005
g]]fQ~~
The purpose
of
this chapter is to protect the consumer by
reducing the high incidence of accidental
injuries and deaths resulting from the use
of ordinary annealed glass or substitutes
therefor
in hazardous locations.
The
legislature intends to provide to the
homeowner, his family and guests, and to
the general public.
greater safety by
prescribing the labeling and use of safety
glazing material in hazardous locations in
residential, commercial, industrial, and
public buildings. (1973 1st ex.s. c 2 §
1• J
70.89.010
~AF]TY §~AZJNG ~AT~~
DE=
FINED--TYPES--TESTS--DEFINITIONS. As used
I~this-c'hapter,nnless t'hecoiitext othervise requires:
(1)
"Safety glazing material"
means
glazing materials, such as tempered glass,
laminated glass, or wire glass which meet
the test requirements of the American
national standards
institute
standard
ANSI-97.1-1972 and such additional requirements as may be prescribed by the
director of the department of labor and
industries after notice and hearing as
required by chapter 34.04 RCW (the administrative procedure act), and which are so
constructed,
treated or combined with
other materials as to minimize the likelihood of injury to persons by these safety
glazing materials when they may be cracked
or broken.
1973 RCW SUPP.
[
645
)
70.89.010
PUBLIC HE!LTH AND SAFETY
--------------------------------------------------------------------------------------commercial entrance or exit door against
weather elements and to improve indoor
climate control.
(11)
"Bathtub enclosure" means a sliding, pivoting, or hinged door and fixed
panels which are glazed or to be glazed
and used to form a barrier between the
bathtub and the r~st of the room areas.
(12)
"Shower enclosure" means a hinged,
pivoting, or sliding door and fixed panels
which are glaz~d or to be glazed and used
to form a barrier between the shower stall
and the rest of the room area.
(13)
"Sliding glass door units" means
an assembly of glazed or to be glazed
panels
contained in an overall frame
installed in residential, commercial or
public buildings, and which assembly is so
designed that one or more of the panels is
movable
in a horizontal direction to
produce or close off an opening for use as
a means of ingress or egress.
( 14)
"Fixed flat glazed panels immediately adjacent to entrance or exit doors"
means the first fixed flat glazed panel on
either
or both sides of interior or
exterior doors, between
eighteen
and
forty-eight inches in width, within six
feet horizontally of the nearest vertical
edge of the door, but shall not include
any glass panel more than eighteen inches
above the finished floor walking surface.
(15)
"Glazing" means the act of installing
and securing glass or other
glazing material into prepared openings in
structural elements such as doors, enclosures, and panels.
(16)
"Glazed" means the accomplished
act of glazing.
(17)
"Director" means the director of
the depar~~ent of labor and industries of
the state of Washington. [1973 1st ex.s.
c 2 § 2; 1963 c 128 § 1.)
!llilVi.§.§~ .BQtel
"the act" apparently
refers
to 1973 1st ex.s. c 2 which
consists of RCW 70.89.005,
70.89.021,
70.89.031, 79.89.050-70.89.070 and 70.89.910, the amendments to RCW 70.89.010 and
70.89.040,
and to the repeal of RCW
70.89.020 and 70.89.030.
die stamping, on the safety glazing material, or by other suitable means. Each
light of safety glazing material installed
in a hazardous location within the state,
shall have attached a transparent label
which shall identify the labeler, whether
the manufacturer or installer, and state
that "safety glazing material" has been
utilized in such installation. The label
shall be legible and visible from the
inside of the building after installation
and shall specify that the label shall not
be removed.
The label must be legible and visible
after installation.
(2)
Such safety glazing labeling shall
not be used on other than safety glazing
materials.
(3)
Permanent labeling of wire glass
shall not be required where the seller or
installer of such wire glass furnishes to
each buyer thereof a certificate stating
that such wire glass meets the
test
requirements set forth in RCW 70.89.010,
as now or hereafter amended, when such
alternate method is approved by the director of the department of labor and industries. [ 1973 1st ex.s. c 2 § 3.]
70.89.030
SALE2L lli~liLA:UQlf.§. Ql 11!.:
I~B.JAL.§. .!iQI UliiNQ
E1!2!!I!illMElfi.§. Ql g.!!
70.:-§.~Q.!Q Q~CLAEEQ !!lib,!.HFUh
( 1965 c 45 §
1; 1963 c 128 § 3. 1
ex.s. c 2 § 9.
Repealed by 197 3
1st
70.89.031
§!LE, FABRl£A!!Q!L ~.§.~1XL
INSTALLATION Q! OTH!B !HA.!i SAl!!! Q1AZING
ru!~RIALS !'N !!AZARDous 1Q£!TIQNS Yl!I:!.M!!.l!b..
It shall be unlawful within the state of
Washington to knowingly sell, fabricate,
assemble, glaze or install glazing materials other than safety glazing materials
in, or for use in, any hazardous location.
[1973 1st ex.s. c 2 § 4.]
70.89.040
PENALTY. The violation of
any provision--Of~his chapter shall constitute a misdemeanor. [1973 1st ex.s. c
2 § 8; 1 96 3 c 12 8 § 4. ]
~b!ll]Q MATERI!1 lQM
10C!!ION5--LABELING ~~=
All safety glazing material manufactured, distributed,
imported,
or sold for use in hazardous locations or
installed in such a location within the
state of Washington shall be permanently
labeled by such means as etching, sandblasting, firing of ceramic material, hot-
70.89.021
~AFETI
Y~ lli HAZARDOUS
~Yl]]~!§~
(1)
( 646
70.89.050
EM~LOY~~ J!Q!
LIABLE.
No
liability under this chapter--~hall be
created as to workmen who are employees of
a contractor,
subcontractor, or
other
employer responsible for compliance with
this chapter.
[1973 1st ex.s. c 2 § 5.]
£;.tl.gctive g,a1.§=:::1273
RCW 70.83.910.
1§! ex. s.
f. 2:
S€'e
70.94.050
WASHINGTON CLEAN AIR ACT
--------------------------------------------------------------------------------------70.89~060
1Q~!1 Q]QIN!]£~~ ~QgER~]Q]Q~
This chapter shall supers€de any local,
municipal or county ordinance or parts
thereof relating to the subject matter
hereof. [ 1973 1st ex.s. c 2 § 6.]
Eff~,!:ive
gate
197J
~1 ~~§~ ~
l.i.
See
RCii 70.89.910.
70.89.070
ENFOR~!I
OF
£HAPT~~~
Each city, county, or department, agency,
or other authority of the
state
of
washington which inspects the new construction or remodeling of residential,
commercial, industrial, or public structures shall in their respective jurisdictions be responsible for the enforcement
of this cfiapter and any regulations made
pursuant thereto.
[1973 1st ex.s. c 2 §
7. ]
70.89.910
CONSTRQCTIO~L
~rt]CTIV~
QATE, PROSP~CTIV~ APPLICATION--1973 1ST
Ex. s. c 2.
rt is -the-intent"Oi :tiie
legislature that the application of this
act shall be prospective only. The provisions of this 1973 amendatory act shall
not take effect until January 1, 1974, and
shall not apply to contracts awar~ed on or
before the effective date of this act:
PROVIDED, That except for replacement or
new installations of materials this 1973
amendatory act shall not apply to buildings or construction completed prior to
the effective date of this act.
(1973 1st
ex.s. c 2 § 10.]
Reviser's .!!Qj;e:
ameDdatory- act",
70.89.010.
"this act", "this 1973
see note following RCW
Chapter 70.93
MODEL LITTER CONTROL ACT
70.93.910
ALTER!!II!]
IQ
~0--Pb!CE~~NT Q~ BALLQT--fQli£~
Q!
INJ1IATIV~
~fFEC!
!liQ
CHAPT~li~
]§lis~~~~
Chapter 70.93 RCW (1971
ex.s. c 307] vas approved and validated at
the November 7, 1972 general election as
Alternative Measure 40B.
Chapter 70.94
WASHINGTON CLEAN AIR ACT
(FORMERLY: AIR POLLUTION CONTROL)
comply with the requirements of the federal clean air act, and, to the greatest
degree practicable, prevent injury
to
plant and animal life and property, foster
the comfort and convenience of its inhabitants,
promote the economic and social
development of the state, and facilitate
the enjoyment of the natural attractions
of the state. The problems and effects of
air pollution are frequently regional and
interjurisdictional in nature,
and are
dependent upon the existence of urbanization and industrialization in areas having
common topography and recurring weather
conditions conducive to the buildup of air
contaminants.
It is also declared as public policy
that regional air pollution control programs are to be encouraged and supported
to the extent practicable as essential
instruments for the securing and maintenance
of
appropriate
levels of air
quality.
It is also declared to be the public
policy of the state to provide for the
people of the populous metropolitan regions in the state the means of obtaining
air pollution control not adequately provided by existing agencies of local government.
For reasons of the present and
potential dramatic growth in population,
urbanization, and industrialization, the
special problem of air resource management, encompassing both corrective and
preventive measures for the control of air
pollution cannot be adequately met by the
individual towns, cities, and counties of
many metropolitan regions.
In addition, the state is divided into
two major areas, each having unique char·
acteristics as to natural climatic and
topographic features which may result in
the different potentials for the accumulation and buildup of air contaminant concentrations. These two major areas are
the area lying west of the Cascade Mountain crest and the area lying east of the
Cascade Mountain crest.
Within each of
these major areas ar~ regions
which,
because of the climate and topography and
present and potential urbanization and
industrial development may, through definitive evaluation be classed as regional
air pollution areas.
To these ends it is the purpose of this
chapter
to provide for a coordinated
state-wide program of air pollution prevention and control, for an appropriate
distribution of responsibilities betwesn
the state, regional,
and local units of
government, and for cooperation across
jurisdictional lines in dealing with problems of air pollution. (1973 1st ex.s. c
193 § 1; 1969 ex.s. c 168 § 1; 1967 c 238
§ 1.
70.94.011
DECLARA!IQ! Qf fQ~b!£ POL!~
CIES AND PURPOSE--DIVISION OF STATE INTO
!wo-~A!lOR ARE~~ !tis declaredto bethe
public policy of the state to secure and
maintain such levels of air quality as
will protect human health and safety and
1973 RCW STIPP.
1
70.94.050
RE~QLOTION QI
5.]
12.
[ 647 ]
Repealed
TESTS AND SURVEYS---HEARING---
'NECEssrn. --figs7--c232--§
by
1973 1st ex.s. c 193 §
7 o. 94.09,
PUBLIC HEALTH AND SAFETY
-----------------70.9q.091
EXCESS TAX LEVY AUTHORIZED-~1&£!IQ!i,. gRQCEDUBEL EXPENSE,:. An-actrvat:
ed authority shall have the power to levy
additional taxes in excess of the constitutional and/or statutory tax limitations
for any of the authorized purposes of such
activated authority, not in excess of
twenty-five cents per thousand dollars of
assessed value a year when authorized so
to do by the electors of such authority by
a three-fifths majority of those voting on
the proposition at a special election, to
be held in the year in which the levy is
made, in the manner set forth in Article
VII, section 2 (a) of the Constitution of
this state, as amended by Amendment 59 and
as thereafter amended.
Nothing herein
shall be construed to prevent holding the
foregoing special election at the same
time as that fixed for a general election.
The expense of all special elections held
pursuant to this section shall be paid by
the authority. [1973 1st ex.s. c 195 §
B4; 1969 ex.s. c 16B § 7; 1967 c 23B §
15. )
~~~rabil,i,!~J.U~!.i~ gs1~.2
.n5ii.2ll
£ 1~.i.
70.94
.SM _!ermi.::
dat~s-Constru~tio!L-.1211 .1§1
ex.s.
See notes following RCW 84.52.043.
.1~2
£Q!§I]Y~!ION
!f.Q.I.Is;.£;
11!!
g
.E~QUI,BED
Q!
OF !!;j ~Q]!A~!!!f! aQY~!_-:
~~.!Qli
Ql gLANii=!Ri].Q!!Jt.&. QISAPn.Q!.::
Ak:_!;~ION £Ql!IROb.
(1)
The department
of ecology or board of any authority may
require notice of the construction, installation, or establishment of any new
air contaminant sources except
single
family and duplex dwellings. The department of ecology or board may require such
notice to be accompanied by a fee and
determine the amount of such fee: PROVIDED, That the amount of the fee may not
exceed the cost of reviewing the plans,
specifications, and other information and
administering such notice: PROVIDED FURTHER, That any such notice given to either
the board or to the department of ecology
shall preclude a further notice to be
given to any other board or to
the
department of ecology. Within thirty days
of its receipt of such notice, the department of ecology or board may require, as a
condition precedent to the construction,
installation, or establishment of the air
contaminant source or sources
covered
thereby, the submission of plans, specifica~ions, and such other information as
it
deems necessary in order to determine
whether the proposed construction, installation, or establishment will be in accord
with applicable rules and regulations in
force pursuant to this chapter, and will
provide all known available and reasonable
methods of emission control. If on the
basis of plans, specifications, or other
information
required pursuant to this
section the department of ecology or board
determines that the proposed construction,
--------
installation, or establishment will not be
in accord with this chapter or the appli·
cable ordinances. resolutions, rules, and
regulations adopted pursuant thereto, or
will not provide all Known available and
reasonable means of emission control, it
shall issue an order for the prevention of
the construction, installation, or estab·
lishment of the air contaminant source or
sources. If on the basis of plans, speci·
fications, or other information required
pursuant to this section, the department
of ecology or board determines that the
proposed construction, installation, or
establishment will be in accord with this
chapter, and the applicable ordinanc~s,
resolutions, rules, and regulations adopted pursuant thereto and will provide all
known available and reasonable methods of
emission control, it shall issue an order
of approval of the construction, installa•
tion, and establishment of the air contaminant source or sources, which order may
provide such conditions of operation as
are reasonably necessary to assure the
maintenance of compliance with this chapter and the applicable ordinances, resolu•
tions,
rules, and regulations adopted
pursuant thereto.
(2) For the purposes of this chapter,
addition to or enlargement or replacement
of an air contaminant source, or any major
alteration therein, shall be construed as
construction or installation or establish·
ment of a new air contaminant source. The
determination, under subsection (1) of
this section, of whether a proposed con•
struction, installation, or establishment
will be in accord with this chapter and
the applicable ordinances, resolutions,
rules, and regulations adopted pursuant
thereto shall include a determination of
whether the operation of the new air
contaminant source at the location proposed will cause any ambient air quality
standard to be exceeded.
(3)
Nothing in this section shall be
construed to authorize the department of
ecology or board to require the use of
emission control equipment or other equip•
ment, machinery, or devices of any particular type, from any particular supplier,
or
produced
by
any
particular
manufacturer.
(4)
Any features, machines, and devices
consti~uting
parts of or called for by
plans, specifications, or other information submitted pursuant to subsection (1)
hereof shall be maintained in good working
order.
(5) The absence of an ordinance, reso~
lution, rule, or regulation, or the fail·
ure to issue an order pursuant to this
section shall not relieve any person from
his obligation to comply with any emission
control requirements or with any other
provision of law. [1973 1st ex.s. c 193 §
2;
1969 ex.s. c
168 § 20; 1967 c 238 §
29.]
( 648 ]
WASHINGTON CLEAN AIR ACT
70.94.431
--------------------------------------------------------------------------------------~QMIBOL
£Q]i11~£]~
70.94.155
o~§
Ql
~]!~~IQM~SCH]~~
Whenever any regula~
tion relating to emission standards or
other requirements for the control of
emissions is adopted which provides for
compliance with such standards or requirements no later than a specified time after
the date of adoption of the regulation,
the appropriate activated air pollution
control authority or, if there be none,
the department of ecology shall, by regulatory order, issue to air contaminant
sourGes subject to the standards or requirements, schedules of compliance setting forth timetables for the achievement
of compliance as expeditiously as practicable but in no case later than the time
specified
in the regula~ion.
Interim
dates in such schedules tor the completion
of steps of progress toward compliance
shall be as enforceable as the final date
for full compliance therein.
(1973 1st
ex.s. c 193 § 3.]
Qf
70.94.205
fQMEJDEH!IALIT! Ql g]CO£Q~
!ND JNFQ]~A1~QH~ Whenever any records or
other information, other than ambient air
quality data or emission data,
furnished
to
or obtained by the department of
ecology or the board of any authority
pursuant to any sections in chapter 70.94
RCW, relate to processes or production
unique to the own~r or operator, or is
likely to affect adversely the competitive
position of such owner or operator if
released to the public or to a competitor,
and the owner or operator of such processes or production so certifies, such records or information shall be only for the
confidential use of the department of
ecology or board.
Nothing herein shall be
construed to prevent the use of records or
information by the department of ecology
or board in compiling or publishing analyses or summaries relating to the general
condition of the outdoor atmosphere: PROVIDED, That such analyses or summaries do·
not reveal any information otherwise confidential under the provisions of this
section: PROVIDED FURTHER, That emission
data furnished to · or obtained by the
department of ecology or board shall be
correlated with applicable emission limitations and other control measures and
shall be available for public inspection
during normal business hours at offices of
the department of ecology or board. [1973
1st ex.s. c 193 § 4; 1969 ex.s.
c 168 §
23; 1967 c 238 § 33.]
70.94.334
APPOINTMENT OF HEARING OFFI£ER==POJi.£;~
!HQ DUTIES.!.- (T)!n-aii
instances where the department of ecology
or board of any authority is permitted or
required to hold hearings under the provisions of this chapter, such hearings shall
be held before the department of ecology
or board of any authority, or the state
board or board of any authority
may
appoint a hearing officer.
l973 RCW SUPP.
(2)
A duly appointed hearing officer
shall have all the powers, rights, and
duties of the department of ecology or
board of any authority relating to the
conduct of hearings. (1973 1st ex.s.
c
193 § 5; 1969 ex.s. c 168 § 35; 1967 c 238
§ 49. 1
70.94.430
i]!!1I~~
Any person who
violates any of the provisions of this
chapter, or any ordinance, resolution,
rule or regulation in force
pursuant
thereto, other than RCH 70.94.205, shall
be guilty of a misdemeanor and
upon
conviction thereof shall be punished by a
fine of not more than two hundred fifty
dollars, or by imprisonment for not more
than ninety days, or by both fine and
imprisonment for each separate violation.
Each day upon which such violation occurs
shall constiLute a separate violation.
Any person who wilfully violates any of
the provisions of this chapter or any
ordinance, resolution, rule or regulation
in force pursuant thereto shall be guilty
of a gross misdemeanor.
Each day upon
which such wilful violation occurs shall
constitute a separate offense.
Upon conviction the offender shall be punish€d by
a fine of not less than one hundred
dollars for each offense.
Any person who wilfully violates RCW
70.94.205 or any other provision of *this
act shall be guilty of a gross misdemeanor
and
upon conviction thereof shall be
punished by a fine of not less than one
hundred dollars nor more than one thousand
dollars, or by imprisonment for a term of
not more than one year or by both fine and
imprisonment. [ 1973 1st ex.s. c 176 § 1;
1967 c 238 § 61.)
~_geviser•s not~
"this act" apparently
consists of the amendment~ to RCW 70.94.430 and 70.94.431 by 1973 1st ex.s. c
176.
70.94.431
ADDITIONAL
OR ALTERNATIVE
PE!!ti.IY-ENFO!iCEHENT.:. In additlon-toor
as an alternate to any other penalty
provided by law, any person who violates
any of the provisions of chapter 70.94 RCW
or any of the rules and regulations of the
department or the board shall incur a
penalty in the form of a fine in an amount
not to exceed two hundred fifty dollars
per day for each violation.
Each such
violation shall be a separate and distinct
offense, and in case of a continuing
violation, each day's continuance shall be
a separate and distinct violation.
Each act of commission or omission which
procures, aids or abets in the violation
shall be considered a violation under the
provisions of this section and subject to
the
same penalty.
The penalty shall
become due and payable when the person
incurring the same receives a notice in
writing from the director or his designee
or the control officer of the authority or
( 649 )
PUBLIC HEALTH AND SAFETY
70.94.431
-------------------------------------------------his designee describing the violation with
reasonable particularity and advising such
person that the penalty is due unless a
request is made for a hearing to the
hearings board as provided for in chapter
43.21B RCi. When a request is made for a
hearing, the penalty shall become due and
payable only uporl completion of all review
proceedings and the issuance of a final
order affirming the penalty in whole or
part. If the amount of such penalty is not
paid to the department or the board within
thirty days after it becomes due and
payable, and a request for a hearing has
not been made, the attorney general, upon
the request of the director or his designee, or the attorney for the local authority, upon request of the board or control
officer, shall bring an action to recover
such penalty in the superior court of the
county in which the violation occurred.
All penalties recovered under this section
by the state board shall be paid into the
state treasury and credited to the general
fund or, if recovered by the authority,
shall be paid into the treasury of the
authority and credited to its funds.
To secure the penalty incurred under
this section, the state or the authority
shall have a lien on any vessel used or
operated in violation of this chapter
which shall be enforced as provided in RCW
60.36.050.
In all actions brought in the superior
court for the recovery of penalties hereunder, the procedure and rules of evidence
shall be the same as in an ordinary civil
action.
( 1973 1st ex.s. c 176 § 2; 1969
ex.s. c 168 § 53.]
PUggQSE~
Qf RCW 70.94.530'( 1969 ex.s. c-168§47.)
Repealed by 1973 1st ex.s. c 193 § 12.
70.94.520
1~94,560~
70.94.530
~IE fQ1LUTIQ]
fQB!£21 ~=
TRICT§ ~~~D~
(1969 ~x.s. c 168 §
48.] Repealed by 1973 1st ex.s. c 193 §
12.
OF
QI§=
(1969 ex.s. c 168 § 49.]
Repealed by 1973 1st ex.s. c 193 § 12.
70.94.540
~IQNS--QQ!l§§
1£1£! OFFICES.
70.94.550
FIRST AND SECOND CLASS DIS!RICTS DEFINI;D_ DI;l:ERHINA!ION-OF fQRQLA=
TIO~
(1969 ex.s. c 168 §50.] Repealed
by 1973 1st ex.s. c 193 § 12.
70.94.560
ESTABLI§~]l
Qf QI§TRI£!
(1969 ex.s. c 168 § 51.]
Repealed by 1973 1st ex.s. c 193 § 12.
Qf!If~
70.94.654
DELEGATION OF PERMIT l§§Q=
!!fE AND E!fQ]~EMEN!-!o fQUNTI~~~~WhenevÂ
er th~ department of ecology shall find
that any county which is outside the
jurisdictional boundaries of an activated
air pollution control authority is capable
of effectively administering the issuance
and enforcement of permits for any or all
of the kinds of burning identified in RCW
70.94.650 (1) and (3) and desirous of
doing so, the department of ecology may
delegate all powers necessary for the
issuance and enforcement of permits for
any or all of the kinds of burning to the
county: PROVIDED, That such delegation
may be withdrawn by the department of
ecology upon a finding that the county is
not effectively administering the permit
program. ( 1973 1st ex.s. c 193 § 6.]
70.94.656
OP~
BURN£NQ Ql fiEL] !!Q
GRASSES §RO!l! FO,!!
g.IDL,-::ALTERNA·
TIVES--STUDIES--FUNDING--PROeEDORES--LIKI•
TATIONS. I t ishrnby declaredto-bethe
policy of this state that strong efforts
should be made to minimize adverse effects
on air quality from the open burning of
field and turf grasses grown for seed. To
such end this section is intended to
promote the development of economical and
practical altern ate agricultural practices
to such burning, and to provide
for
interim regulation of such burning until
practical alternates are found.
(1) The department shall approve of a
study or studies for the exploration and
identification of economical and practical
alternate agricultural practices to the
open burning of field and turf grasses
grown for s~ed. Prior to the issuance of
any permit for such burning under RCW
70.94.650, there shall be collected a fee
not to exceed fifty cents per acre of crop
to be burned. Any such fees received by
any authority shall be transferred to the
department of ecology. The department of
ecology shall deposit all such acreage
fees in a special grass seed burning
research account, hereby created, in the
general fund. The department shall allocate moneys annually from this account for
the support of any approved study or
studies as provided for in this subsection. For the conduct of any such study
or studies, the department may contract
with public or private entities:
PROVIDED, That whenever the department of ecology
shall
conclude
that
sufficient
reasonably available alternates to open
burning have been developed, and at such
time as all costs of any studies have been
paid, the grass seed burning research
account shall be dissolved, and any money
rema~n~ng
therein shall revert to the
general fund.
(2) Whenever on the basis of information available to it, the department after
public hearings have been conducted whe~eÂ
in testimony will be received and cons~dÂ
ered from interested parties wishing to
testify shall conclude that any procedure,
program, technique, or device constitutes
a practical alternate agricultural practice to the open burning of field or turf
grasses grown for seed, the department
!QRF
( 650 ]
' POLLUTION CONTROL--MUNICIPAL BONDING AUTHORITY 70.95A.020
--------------------------------------------------------------------------------------shall, by order, certify approval of such
alternate.
Thereafter, in any case which
any such approved alternate is reasonably
available, the open burning of field and
turf grasses grown for seed shall be
disallowed
and no permit shall issue
therefor.
(3)
Until approved alternates become
available, the department or the authority
may limit the number of acres on a pro
rata basis among those affected for which
permits to burn will be issued in order to
effectively control emissions from this
source.
(4)
Permits issued for burning of field
and turf grasses may be conditioned to
minimize emissions insofar as practical,
including denial of permission to burn
during petiods of adverse meteorological
conditions. (1973 1st ex.s. c 193 § 7.]
70.94. 770
BOlliNG WOQQ BY RESIDENT Q,f
KAMILY RESIDENCE. Except as provided in RCw~o:94:775 and 70.94.780,
nothing in this chapter or in regulations
implementing this chapter shall prevent a
resident of a single family residence from
burning wood, so long as it has not been
treated by an application of prohibitive
material or substances, and natural vegetation in the course of maintaining or
improving -the grounds of such r~sidence:
PROVIDED, That the department of ecdlogy
or board of any authority may set conditions for such burning so as to reduce the
impact on air quality. (1973 1st ex.s. c
193 § 8. ]
~l]Qt~
70.94.775
OUTDOQg BURNING--FIRES PROn~II!Q~
No person shal~~-or allow
any outdoor fire:
(1) Containing garbage, dead animals,
asphalt, petroleum products, paints, rubber products, plastics, or any substance
other than natural vegetation which normally emits dense smoke or obnoxious odors
except as provided in RCW
70.94.650:
PROVIDED, That agricultural heating devices which otherwise meet the requirements
of
this chapter shall not be
considered outdoor
fires
under
this
section;
(2)
During a forecast, alert, warning
or emergency condition as defined in RCW
70.94.715;
(3)
In any area which has been designated by the department of ecology or
board of an activated authority as an area
exceeding or threatening to exceed state
or federal ambient air quality standards,
or after July 1, 1976, state ambient air
quality goals for particulates:
PROVIDED,
That the provisions of this subsection
shall not become effective in relation to
instructional fires permitted by RCW 70• 94.650
(2)
until September 20, 1974.
( 1973 2nd ex. s. c 11 § 1; 1973 1st ex.s. c
193 § 9. ]
1973 RCi SUPP.
[ 651
70.94.780
ANQ
QQ!QQQ]
~UR]1E§:=EEGU1!!1Q!
R]QHl]ITIQ!~
In addition to any other
powers granted to them by law, the fire
protection
agency authorized to issue
burning permits may regulate or prohibit
outdoor burning in order to prevent or
abate the nuisances caused by such burning. ( 1973 1st ex.s. c 193 § 10. J
70.94.785
g1!N~ APPROVEQ
PUg~UAH!
TO
FEDERAL CLEAN AIR ACT-ENFORCEMENT AUTHORITY:--Notwithstanding-anr-provision-o~the
law to the contrary, except RCW 70.94.660
through 70.94.690, the department of ecology, upon its approval of any plan (or
part thereof) required or permitted under
the federal clean air act, shall have the
authority to enforce all regulatory provisions within such plan (or part thereof):
PROVIDED, That departmental enforcement of
any such provision which is within the
power of an activated authority to enforce
shall be initiated only, when with respect
to any source,
the authority is
not
enforcing the provisions and then only
after written notice is given the authority. [1973 1st ex.s. c 193 § 11.]
Chapter 70.95A
POLLUTION CONTROL--MUNICIPAL BONDING AUTHORITY
70.95A.010
1EG~bATIVE
DECLARATION-LIBERAL CONSTRUCTION,
The ~egislature
finds!- - - - - - - (1)
That environmental damage seriously
endangers the public health and welfare;
(2)
That such environmental damage results from air, water, and other resources
pollution and from solid waste disposal,
noise and other environmental problems;
(3)
That to abate or control such environmental damage antipollution devices,
equipment, and facilities must be acquired, constructed and installed;
{4) That the method of financing provided in this chapter is in the public
interest and serves a public purpose in
protecting and promoting the health and
welfare of the citizens of the cities,
towns, counties, and port districts and of
this state by abating or controlling and
preventing environmental damage.
This chapter shall be liberally construed to accomplish the intentions expressed in this section. ( 1973 c
132 §
2. J
70.95A.020
DEFINITIONS.
As used in
this chapter, unless the context otherwise
requires:
{1)
"Municipality" shall mean any city,
town, county, or port district in the
state;
{2)
"Facility" or "facilities" shall
mean any land,
building, structure, machinery, system, fixture, appurtenance,
equipment or any combination thereof, or
]
70.951.020
PUBLIC HEALTH AND SAFETY
------------------------------------------------------------------------------any iQterest therein,
and all real and
personal properties deemed necessary in
connection therewith whether or not now in
existence,
which is used or to be used
any person, corporation or municipality LD
furtherance of the purpose of abating,
controlling or preventing pollution;
(3)
"Pollution" shall mean any form of
environmental pollution, including but not
limited to water pollution, air pollution,
land pollution, solid waste
disposal,
thermal pollution,
radiation contamination, or noise pollution;
(4)
"Governing body" shall mean the
body or bodies in which the legislative
powers of the municipality are vested;
(5)
"Mortgage" shall mean a mo~tgage or
a mortgage and deed of trust or other
security device; and
(6)
"Department" shall mean the state
department of ecology.
[1973 c 132 § 3.1
?Y
70.95A.030
~Cig!1JTIE~==gQ~B§~
In
addition to any other powers which it may
now have, each municipality shall have the
following powers:
(1)
To acquire,
whether by construction, purchase, devise, gift or lease, or
any one or more of such methods, one or
more facilities which shall be located
within,
or
partially
within
the
municipality;
(2)
To lease, lease with option to
purchase, sell or sell by installment
sale,
any or all of the facilities upon
such terms and conditions as the governing
body may deem advisable but which shall at
least fully reimburse the municipality fo~
all debt service on any bonds issued to
finance the facilities and for all costs
incurred by the municipality in financing
and operating the facilities and as shall
not conflict with the provisions of this
chapter;
(3)
To issue revenue bonds for the
purpose of defraying the cost of acquiring
or improving any facility or facilities or
refunding any bonds issued for such purpose and to secure the payment of such
bonds as provided in this chapter.
Revenue bonds may be issued in one or more
series or issues where deemed advisable,
and each such series or issue may have the
same or different maturity dates, interest
rates,
priorities on revenues available
for payment of such bonds and priorities
on security available for assuring payment
thereof, and such other differing terms
and conditions as are deemed necessary and
are not in conflict with the provisions of
this chapter.
[1973 c 132 § 4.]
70.95!.040
~Cif!LI!IES=-REVENUE
BONDS FOR POLLUTION CONTROL FACILITIES-!UTHORIZED-:;SALh fQ!{DITIQNS
rQ!UL. !ERMS~
(1)
All bonds issued by a municipality
under the authority of this chapter shall
be secured solely by revenues derived from
the lease or sale of the facility.
Bonds
and interest coupons issued under the
( 652
authority of this chapter shall not constitute nor give rise to a pecuniary
liability of the municipality or a charge
against
its general credit or taxing
powers.
Such limitation shall be plainly
stated upon the face of each of such
bonds.
(2)
The bonds referred to in subsection
(1) of this section, may (a)
be executed
and delivered at any time and from time to
time, (b) be in such form and denominations,
(c)
be of such tenor, (d) be in
registered or bearer form either as to
principal or interest or both, and may
provide for conversion between registered
and coupon bonds of varying denominations,
(el be payable in such installments and at
such time or times not exceeding forty
years from their date, (f) be payable at
such place or places, (g) bear interest at
such rate or rates as may be determined by
the governing body, payable at such place
or places within or without this state and
evidenced in such manner, (h) be redeemable prior to maturity,
with or without
premium,
and
(i) contain such provisions
not inconsistent herewith, as shall be
deemed
for
the best interest of the
municipality and provided for in
the
proceedings of the governing body whereunder the bonds shall be authorized to be
issued.
(3)
Any bonds issued under the authority of this chapter, may be sold at public
or private sale in such manner and at such
time or times as may be determined by the
governing body to be most advantageous.
The municipality may pay all expenses,
premiums and commissions which the governing body may deem necessary or advantageous
in
connection
with
the
authorization,
sale and issuance thereof
from the proceeds of the sale of said
bonds
or
from
the revenues of the
facilities.
{4)
All bonds issued under the authority of
this chapter,
and all interest
coupons applicable thereto shall be investment securities within the meaning of
the uniform commercial code and shall be
deemed to be issued by a political subdivision of the state.
[1973 c 132 § 5.)
70.95A.050
B~~M]
~~DS==§~fURII!=:
SCOPE-DEFAULT-AUTHORIZATION
PROCEEDINGS~
(1)~t;-principil-ot-an~Interest-on--any
bonds issued under the authority of this
chapter (a) shall be secured by a pledge
of the revenues derived from the sale or
lease of the facilities out of which such
bonds shall be made payable, (b) may be
secured by a mortgage covering all or any
part of the facilities, (c) may be secured
by a pledge or assignment of the lease of
such facilities, or (d) may be secured by
a trust agreement or such other security
device as may be deemed most advantageous
by the governing body.
(2)
The proceedings under which the
bonds are authorized to be issued under
the provisions of this chapter, and any
]
POLLUTION CONTROL--MUNICIPAL BONDING AUTHORITY
70.95A.070
--------------------------------------------------------------------------------------mortgage given to secure the same may
contain
any agreements and provisions
customarily contained in instruments securing .bonds, including, without limiting
the generality ot the foregoing,
provisions respecting
(a) the fixing and collection of rents for
any
facilities
covered by such proceedings or mortgage,
(~ the terms to be
incorporated in the
lease of such facilities, (c) the maintenance and insurance of such facilities,
(d) the creation and maintenance of special funds from the revenues of such
facilities,
and
(e) the rights and reme~
dies available in the event of a default
to the bondholders or to the trustee under
a mortgage or trust agreement, all as the
governing body shall deem advisable and as
shall not be in conflict with the provisions of this chapter:
PROVIDED, That in
making any such agreements or provisions a
municipality shall not have the power to
obligate its9lf except with respect to the
facilities and the application of the
revenues therefrom, and shall not have the
power to incur a pecuniary liability or a
charge upon its general credit or against
its taxing powers.
(3)
The proceedings authorizing
any
bonds under the provisions of this chapter
and any mortgage securing such bonds may
provide that, in the event of a default in
the payment of the principal of or the
interest on such bonds or in the performance of any agr8ement contained in such
proceedings or mortgage, such payment and
performance may be enforced by mandamus or
by the appointment of a receiver in equity
with power to charge and collect rents and
to apply the revenues from the facilities
in accordance with such proceedings or the
provisions of such mortgage.
(4} Any mortgage made under the provisions of this chapter, to secure bonds
issued thereunder, may also provide that,
in the event of a default in the payment
thereof or the violation of any agreement
contained in the mortgage, the mortgage
may be foreclosed and the mortgaged property sold under proceedings in equity or
in any other manner now or hereafter
permitted by law. Such mortgage may also
provide that any trustee under such mortgage or the holder of any of the bonds
secured thereby may become the purchaser
at any foreclosure sale if the highest
bidder therefor.
No breach of any such
agreement shall impose any pecuniary liability upon a municipality or any charge
upon their general credit or against their
taxing powers.
(5)
The proceedings authorizing the issuance of bonds hereunder may provide for
the appointment of a trustee or trustees
for the protection of the holders of the
bonds,
whether or not a mortgage is
entered into as security for such bonds.
Anv such trustee may be a bank with trust
powers or a trust company and shall be
located in the United States, within or
without the state of washington,
shall
have the immunities,
powers and duties
1973 RCW SUPP.
[
provided in said proceedings, and may,
to
the extent permitted by such proceedings,
hold and invest funds deposited with it in
direct obligations of the United States,
obligations guaranteed by
the
United
States or certificates of deposit of a
bank (including the trustee)
which are
continuously secured by such obligations
of or guaranteed by the United States.
Any bank acting as such trustee may, to
the extent permitted by such
proceedings,
buy bonds issued hereunder to the same
extent as if it were not such trustee.
Said proceedings may provide for one or
more co-trustees, and any co-trustee may
be any competent individual over the age
of twenty-one years or a bank having trust
powers or trust company within or without
the state.
The proceedings authorizing
the bonds may provide that some or all of
the proceeds of the sale of the bonds, the
revenues of any facilities, the proceeds
of the sale of any part of a facility,
of
any insurance policy or of any condemnation award be deposited with the trustee
or a co-trustee and applied as provided in
said proceedings. ( 1973 c 132 § 6.]
70.95A.060
FACILITIES--LEASES
AUTHO]l~!Q~ Prior to~he issuance of-the-bonds
authorized by this chapter, the municipality may lease the facilities to a
lessee
or lessees under an agreement providing
for payment to the municipality of such
rentals as will be sufficient (a) to pay
the principal of and interest on the bonds
issued to finance the facilities, (b) to
pay the taxes on the facilities,
(c)
to
build up and maintain any reserves deemed
by the governing body to be advisable in
connection therewith,
and (d) unless the
agreement of lease obligates the lessees
to pay for the maintenance and insurance
of the facilities, to pay the costs of
maintaining the facilities in good repair
and keeping the same properly insured.
subject to the limitations of this chapter, the lease or extensions or modifications thereof may contain such other terms
and conditions as may be mutually accept•
able to the parties, and notwithstanding
any other provisions of law relating to
the sale of property owned by municipalities, such lease may contain an option for
the lessees to purchase the facilities on
such terms and conditions with or without
consideration as may be mutually acceptable to the parties.
(1973 c 132 § 1.]
70.95!.070
FACILITIES--REVENUE BONDS-RE.EQNDING f!fQVISIONS.--Any~ndsiSsued
under the provisions of this chapter and
at any time outstanding may at any time
and from time to time be refunded by a
municipality by the issuance of its refunding bonds in such amount as
the
governing body may deem necessary but not
exceeding an amount sufficient to refund
the principal of the bonds to be so
653
]
70.95A.070
PUBLIC HEALTH AND SAFETY
-----------------------------------------------------refunded, togeth€r with any unpaid interest thereon ana any premiums and commissions necessary to be paid in connection
therewith:
PROVIDED, That an issue of
refunding bonds may be combined with an
issue of additional revenue bonds on any
facilities.
Any such refunding may be
effected whether the bonds to be refunded
shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the
proceeds thereof for the payment of the
bonds to be refunded thereby,
or
by
exchange of the refunding bonds for the
bonds to be refunded thereby:
PROVIDED
FURTHER, That the holders of any bonds to
be so refunded shall not be compelled
without their consent to surrender their
bonds for payment or exchange except on
the terms expressed on the face thereof.
Any refunding bonds issued under
the
authority of this chapter shall be subject
to the provisions contained in RCW 70.95A.040 and may be secured in accordance with
the provisions of RCW 70.95A.050. [1973 c
132 § 8. )
70.95A.080
~!~~
]QNDS-=DI~~ITIO!
PROCEEDS.
The proceeds from the sale
anr-bonds- issued under authority of
this chapter shall be applied only for the
purpose for which the bonds were issued:
PROVIDED, That any accrued interest and
premium received in any such sale shall be
applied to the payment of the principal of
or the interest on the bonds sold: AND
PROVIDED FURTHER, That if for any reason
any portion of such proceeds shall not be
needed for the purpose for which the bonds
were issued, then such unneeded portion of
said proceeds shall be applied to the
payment of the principal of or the interest on said bonds. The cost of acquiring
or improving any facilities shall
be
deemed to include the following:
The
actual cost of acquiring or improving real
estate for any facilities; the actual cost
of construction of all or any part of the
facilities which may be constructed, including architects• and engineers• fees,
all expenses in connection with the authorization, sale and issuance of the bonds
to finance such acquisition or improvements; and the interest on such bonds for
a reasonable time prior to construction,
during construction, and for a time not
exceeding six months after completion of
construction. [1973 c 132 § 9.]
OF
of
70.95!.090
!!fi1I1I~--S!1]
Q]
sale or other disposition of property of a
municipality is not applicable to any
action taken under authority of
this
chapter. [1973 c 132 § 10.]
70.95A.100
IA£ILI!l]S--D~A!lA~!
Q!
ECOJ,OG.X CE£ii!liCAT!.Qli~ Upon request by a
municipality or by a user of the facilities the department of ecology ma.y in
relation to chapter 5q, Laws of 1972 ex.
sess. and this chapter issue its certificate stating that the facilities
(1)
as
designed are in furtherance of the purpose
of abating, controlling or
preventing
pollution, and/or
(2)
as designed or as
operated meet state and local requirements
for the control of pollution. This section shall not be construed as modifying
the prov1s1ons of RCW 82.34.030; chapter
70.94 RCW; or chapter 90.48 RCW. [1973 c
132 § 11.]
70.95A.910
~Qli~RUCJ:!Qli==j973
£ JJl~
Nothing in this chapter shall be construed
as a restriction or limitation upon any
powers which a municipality might otherwise have under any laws of this state,
but shall be construed as cumulative.
(1973 c 132 § 12.)
70.95A.92C
SEVERABILITY--1973 £ 11~~
If any provisionof this 1973act" or the
application
thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions
or applications of this 1973 act which can
be given effect without the invalid provision or application, and to this end the
provisions of this act are declared to be
severable. [1973 c 132 § 13.]
!£.QQISITIONS lH. ~Qft! Q!S•
£iCW 53.08.040--PRIOR BIGHTS
OR OBLI~!TIQ!h
All acquisiTions by port
districts pursuant to RCW 53.08.040 may,
at the option of a port commission, be
deemed to be made under this chapter, or
under both:
PROVIDED, That nothing contained in this chapter shall impair rights
or obligations under contracts entered
into before March T9, 1973. [ 1973 c 132 §
70. 95A. 930
TRI£~ UND~li
, 4. )
Chapter 70.95B
DOMESTIC WASTE TREATMENT PLANTS--CERTIFICATION AND REGULATION OF OPERATORS
LE~==
~ER1.Uli ]j;ST_B.IQl.Q].§ ON l1lli~I£!1llll.§ liQ1
APE1~ABLE.
The facilities shall be con-
structed, reconstructed, and improved and
shall be leased, sold or otherwise disposed of in the manner determined by the
governing body in its sole discretion and
any requirement of competitive bidding,
lease performance bonds or other restriction imposed on the procedure for award of
contracts for such purpose or the lease,
[ 654
70. 95B. 010
1~1~1!!1!~
DECLARATIOtl.
The legislature declares tha~-competent
operation of waste treatment plants plays
an important part in the protection of t~e
environment of the state and therefore 1t
is of vital inter9st to the public.
In
order to protect the public health and to
conserve and protect the water resour~es
of the state, it is necessary to prov~de
)
70.95B.070
DOMESTIC WASTE TREATMENT PLANTS
----------------------------------------------------------------·---------------------for the classifying of
all
domestic
wastewater treatment plants;
to require
the examination and certification of the
persons responsible for the supervision
and operation of such systems; and to
provide for the promulgation of rules and
regulations to carry out this chapter.
( 1973 c 139 § 1. J
B~1~£!§ note:
Chapter 139, Laws of
1973 has been codified as chapter 70.95B
RCW which appears to be in accordance with
code organization. section 16 of chapter
139 had directed that the chapter be added
to Title 43· RCW. For other laws pertaining to environmental protection and pollution control, see chapters 70.93, 70.94,
70.95, 70.95A, and 90.48 RCW.
70.95B.020
DEFINITION~~
As used in
this chapter unless context requires another meaning:
(1)
"Director" means the director of
the department of ecology.
(2)
"Department" means the department
of ecology.
(3)
"Board"
means
the
water
and
wastewater operator certification board of
examiners established by RCW 70.95B.070.
(4)
"Certificate" maans a certificate
of competency issued by the
director
stating that the operator has' met the
requirements for the specified operator
classification
of
the
certification
program.
{5)
"Waste treatment plant" means a
facility used in the collection, transmission, storage, pumping, treatment or discharge of any liquid or waterborne waste,
whetner of domestic origin or a combination of domestic, commercial or industrial
waste, and which by its design requires
the presence of an operator for
its
operation.
It shall not include any
facility used exclusively by a single
family residence nor septic tanks with
subs.oil
absorption
nor
industrial
wastewater works.
(6)
"Operator« means an individual employed or appointed by any county, sewer
district, municipality, public or private
corporation, company, institution, person,
or the state of washington who is designated
by the employing or appointing
officials as the person on-site in responsible charge of the actual operation of a
waste treatment plant.
(7)
"Nationally recognized association
of certification authorities" shall mean
that
organization which serves as an
information center for certification activities, recommends minimum standards and
guidelines for classification of potable
water tr~atment plants, water distribution
systems and wastewater facilities
and
certification of operators, facilitates
reciprocity between state programs and
assists authorities in establishing new
certification programs and updating exist•
ing ones.
[ 1973 c 139 § 2.]
1 973 RCW SOPP.
[
70.95B.030
WASTE TREATMENT PLANT OPERllQ!1S-::£ill!£:l£A!ION i.!!2.!!IRED. -As-provided for in this chapter, the operator in
responsible charge of the day-to-day operation of a waste treatment plant shall be
certified.
When a waste treatment plant
is normally operated for more than one
shift, the man responsible for each shift
operation shall also be certified.
Operating personnel not required to be certified by this chapter are encouraged to
become certified hereunder on a voluntary
basis.
( 1973 c 139 § 3.]
70~95B.040
A~KINISTRATIQ] QI £HAP!]]==
RULES AND REGULATIONS--DIRECTOR'S DUTIES.
The--director-,--with--the--approval-ot the
board, shall adopt and enforce such rules
and regulations as may be necessary for
the administration of this chapter.
The
rules and regulations shall include, but
not be limited to,
provisions for the
qualification and certification of operators for different classifications
of
waste treatment plants.
(1973 c 139 § 4.]
WASTE IREATM!!!
£1!!!~==
The director shall classify all waste treatment plants
with
regard
to the size, type, and other
conditions affecting the complexity of
such
treatment plants and the skill,
knowledge, and experience required of an
operator to supervise the operation of
such facilities to protect the public
health and the state's water resources.
[1973 c 139 § 5.)
70.95B.050
£1!~~CATJQN~
70.95B.060
£BJI~]J!
!!~
GUIDELINES.
The director is authorized when--taking
action pursuant to RCW 70.95B.040 and
70.95B.050 to consider generally applicable criteria and guidelines developed by a
nationally recognized association of certification authorities.
[ 1973 c 139 § 6.]
70.95B.070
~QA]]
Q!
~XA~!~~
IQB
!A~TE!ATER
QPE]!lQ] £ER!IFIC!!I2!_--CR~=
ATED=lll'1BERS_:=Q.QA1!FI£!ll.Q~T~R!IS--PQ!=
ER~
!Jill ~!!li]~=fiB ~IE!~ AND ~!g~NS];~~
For the purpose of carrying- out
the
provisions of this chapter, a board of
examiners for wastewater operator certification shall be appointed. This board may
serve in a common capacity for the certification of both water and wastewater
plant and system operators.
One member
shall be named from the department of
ecology, by its director to serve at his
pleasure, and one member from the department of social and health services by its
secretary, to serve at his pleasure, and
one member who is required to employ a
certified
operator and who holds the
position of city manager, city engineer,
director of public works, superintendent
of utilities, or an equivalent position
who will be appointed by the governor.
655 ]
70.955.070
PUBLIC HEALTH AND SAFETY
--------------------------------------------------------------------------------------The governor shall also appoint two members who are operators holding a certificate of at least the second
highest
operator
classification for wastewater
plant operators established by regulation
of the director, and if authorized in a
water supply system operator certification
act, two members who are operators holding
a certificate of at least the second
highest classification for waterworks operators established pursuant to such act.
The employer representative shall be appointed for an initial one-year term and
the operators for initial terms of two and
three years respectively. Thereafter, the
members appointed by the governor shall
serve for a three-year period.
Vacancies
shall be filled for the remaihder for an
unexpired
term
by
the
appointing
authorities.
This board shall assist in the development
of rules and regulations, shall
prepare, administer and evaluate examinations of operator competency as required
in this chapter, and shall recommend the
issuance of (or] revocation of certificates. The board shall determine when and
where the examinations shall be held. The
examination shall be held at least three
times annually.
Each member appointed by the governor
shall
serve without compensation, but
shall be reimbursed twenty-five dollars
per diem for each day or portion thereof
he performs assigned services as a hoard
member, and shall be paid his necessary
traveling expenses while engaged in the
business of the board as prescribed in
chapter 43.03 RCW as now or hereafter
amended. (1973 c 139 § 7.)
70.95B.080
IIQ~
!Q!
70.95B.090
CERTIFICATES--ISSUANCE A!~
]!NEWA1
COND1liONS~--Th;--i;$uance and
renewal of a certificate shall be subject
to the following conditions:
( 1)
A certificate shall be issued if
the operator has satisfactorily passed a
written examination, or has met the requirements of RCW 70.95B.080, and has met
the requirements specified in the rules
and regulations as authorized by this
chapter, and has paid the department an
application fee of ten dollars.
(2)
The term for all certificates shall
be from the first of January of the year
of issuance until the thirty-first of
December of the same year.
Every certificate shall be renewed annually upon the
payment of a five dollar renewal fee and
satisfactory evidence presented to the
director that the operator demonstrates
continued professional growth
in
the
field.
(3)
An individual who fails to renew
the certificate before the end of certification year, upon notice by the director
shall have his certificate suspended for
thirty days.
If, during the suspension
period, the renewal is not completed, the
director shall give notice of revocation
to the employer and to the operator and
the certificate will be revoked ten days
after such notice is given. An operator
whose certificate .has been revoked must
reapply for certification and will be
requested to meet the requirements of a
new applicant.
[1973 c 139 § 9.)
70. 95B .100
CERTIFICATES--REVOCATION
PRQ£~QURES.
The--director--may;-with the
recommendation of the board and after a
hearing before the same, revoke a certificate found to have been obtained by fraud
or deceit, or for gross negligence in the
operation of a waste treatment plant, or
for violating the requirements of this
chapter or any lawful rule, order or
regulation of the department. No person
whose certificate is revoked under this
section shall be eligible to apply for a
certificate for one year from the effective date of this final order or revocation. ( 1973 c 139 § 10.]
CERI1!1£!!E~fi~ ~!!~!!A=
REQYJS~~
Certificates shall be
issued without examination under the following conditions:
(1)
Certificates, in appropriate classifications, shall be issued without application fee to operators who, on July 1,
1973, hold certificates of
competency
attained by examination under the voluntary
certification
program
sponsored
jointly by the state department of social
and health services, health services division, and the Pacific Northwest pollution
control association.
(2)
Certificates, in appropriate classifications, shall be issued to persons
certified by a governing body or owner to
have been the operator in responsible
charge of a waste treatment plant on July
1, 1973.
A certificate so issued will be
valid only for the exis~ing plant.
(3)
A nonrenewable certificate, temporary in nature, may be issued for a period
not to exceed twelve months, to an operator to fill a vacated position required to
have a certified operator. Only one such
certificate may be issued subsequent to
each instance of vacation of any such
position. (1973 c 139 § 8.]
[
70.958.110
ADKINISTRJ1IQ! Qf ~fi!fi!E==
POWERS AND DUTIES OF DIRECTOR.
To carry
Oiitthe-provisions andpurposes of this
chapter, the director is authorized and
empowered to:
(1)
Enter into agreements, contracts,
or cooperative arrangements, under su7h
terms and conditions as he deems appropr~Â
ate with other state, federal, or interstate agencies, municipalities, education
institutions, or other organizations or
individuals.
(2)
Receive financial and technical assistance from the federal government and
other public or private agencies.
(3)
Participate in related programs of
the
federal government, other states,
656
]
70.96.160
ALCOHOLISM
--------------------------------------------------------------------------------------hundred dollars for each offenst!l.
It
shall be the duty of the prosecuting
attorney or the attorney general,
as
appropriate,
to secure injunctions of
continuing violations of any provisions of
this chapter or the rules and regulations
adopted hereunder. [1973 c 139 § 14.1
interstate agencies, or other public or
private agencies or organizations.
(4)
Upon request, furnish reports,
information, and materials relating to the
certification program authorized by this
chapter to federal, state, or interstate
agencies, municipalities, education institutions,
and
other organizations and
individual$.
(5) Establish adequate fiscal controls
and accounting procedures to assure proper
disbursement of and accounting for funds
appropriated or otherwise provided for the
purpose of carrying out the provisions of
this chapter. [1973 c 139 § 11.]
70.95D.150
!DMINISTfib!lON OF £HAPTER==
TO GENERAL FUND.
All
receipts realized in the-administration of
this chapter shall be paid into
the
general fund.
( 1973 c 139 § 15. ]
RE~li~==PAYfiEN!
70.95B.900
]FFEC1J!] ~!!~1~11 f 11~~
This 1973 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 on
July 1, 1973. ( 1973 c 139 § 17.]
70.95B.120
VIOLATIONS. On and after
one year following~uiy-1, 1973, it shall
be unlawful for any person, firm, corporation,
municipal corporation,
or other
governmental subdivision or agency
to
operate a waste treatme.nt plant unless the
operator of the plant or system is duly
certified by the director under the provisions of this chapter or any lawful rule,
order, or regulation of the department. It
shall ~lso be unlawful for any person to
perform the duties of an operator as
defined in this chapter, or in any lawful
rule, order, or regulation o! the department, without being duiy certified under
the provisions of this chapter. (1973 c
139 § 12. ]
70. 95B.130
Chapter 70.96
ALCOHOLISM
70.96.010 through 70.96.080, 70.96.090 ••
~vi~£~ note:
The effective date of
the repeal -of--these sections by chapter
122, Laws of 1972 ex.
sess. has been
changed to January 1,
1975.
See note
following RCW 70.96A.010.
CE-RTIFICATES--RECIPROCITY
WITj! ,QIHE~ ST-ATEs:;_-on-orafter-
July 1,
1973, certification of operators by any
state which, as determined by the director, accepts certifications made or certification requirements deemed
satisfied
pursuant to the provisions of this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and
sufficient within the purview of this
chapter, if in the judgment of the director the certification requirements of such
state are substantially equivalent to the
requirements of this chapter or any rules
or regulations promulgated hereunder.
In making determinations pursuant
to
this section, the director shall consult
with the board and may consider
any
generally applicable criteria and guidelines developed by the nationally recognized
association
of
certification
authorities. [1973 c 139 § 13.]
70.96.096
£I1JES !~~ ~QUNTI~2==E11Q!=
BI1ITY .IQli 1~UO] ll!~ ANQ f.!!QKITS==
SUPPORT OF !1£0HOL!2~ fBQQR!H ~EQQl]~Q~
In-order
be eligible to receive its
share of liquor taxes and profits, each
city and county shall be required to
devote no less than two percent of such
shara of liquor taxes and profits to the
support of an alcoholism program approved
by the alcoholism administrative board
authorized by BCW 70.96.160 and the secretary of the state department of social and
health services. [1973 1st ex.s. c 155 §
3; 1972 ex.s. c 77 § 2.]
g]]ALTJ]2 !Q~ !JQLATIQ]~
Any person, including any
firm, corporation, municipal corporation,
or other governmental subdivision or agency violating any provisions of this chapter or the rules and regulations adopted
hereunder, is guilty of a misdemeanor.
Each day of operation in such violation of
this chapter or any rules or regulations
adopted hereunder shall constitute a sepa ..
rate offense. Upon conviction, violators
shall be fined an amount not exceeding one
70.95B.140
to
70.96.100 through 70.96.140 ••
Reviser•s note:
The effective date of
the-repeal o f these sections by chapter
122, Laws of 1972 ex. sess. has been
see not-e
changed to January 1, 1975.
following RCW 70.96A.010.
INJQ!f!IQE~
1973 BCW SUPP.
( 657
70.96.160
COUNTY ALCOHOLISM ADMINISTR!!!!]
BOARD-=i1EMBER2==QQALill£!TIONS_.,.
URI'IS-PQWE~L QOTIES
EXE£!!!1VE Q;tRECTOR.:..
Any county or combination of counties
acting jointly by agreement, hereinafter
referred to as "county", may create an
alcoholism administrative board.
Such
board shall be composed of not less than
se•en nor more than fifteen members, who
]
70.96.160
PUBLIC HEALTH AND SAFETY
-----------------------------------------------------------~------------------------
shall be representative of the community,
shall
include at least two recovered
alcoholics, and shall include consumer and
minority group representation.
No more
than four elected or appointed city or
county officials may serve on such board
at the same time. Members of the board
shall serve three year terms and until
their successors are appointed and qualified.
They shall not be compensated for
the performance of their duties as members
of the board, but may be paid subsistence
rates and mileage in the amoun~s prescribed by RCW 36.17.030 as now or hereafter amended.
The alcoholism
administrative
board,
the county and the department of social
and health services shall, in the area of
alcoholism prevention, treatment and education, and the administration, planning
and funding thereof, have the same duties,
responsibilities, powers, liabilities and
authorities as are provided by chapter
71.24 RCW with respect to the mental
health administra~ive board, the county
and the department of social and health
services.
An executive director of the board may
be appointed by the county commissioners
subject to the approval of the board.
Applicants for such position need not be
residents of the county, city or state,
and may be employed on a full or part time
basis. (1973 1st ex.s. c 155 § 2.]
70.96A.070
CITIZENS ADVISORY COUNCIL--
QJ!lliFICATIO~.._:DUTI~ --PUrSUanttothe
provisions of RCW 43.20A.360, there shall
be a citizens advisory council composed of
not less than seven nor more than fifteen
members, at least two of whom shall be
recovered alcoholics and two of whom shall
be members of recognized organizations
involved with problems of alcoholism. The
remaining members shall be broadly representative of the community, shall include
representation from business and industry,
organized labor, the judiciary, and minority groups, chosen for their demonstrated
concern with alcoholism problems. Members
shall be appointed by the secretary. In
addition to advising the department in
carrying out the purposes of this chapter,
the council shall develop and propose to
the secretary for his consideration the
rules and regulations for the implementation of the alcoholism programs of the
department. The secretary shall thereafter adopt such rules and regulations as
-shall, in his judgment properly implement
the alcoholism programs of the departmer.t
consistent with the welfare of those to be
served, the legislative intent and the
public good. (1973 1st ex.s. c 155 § 1;
1972 ex.s. c 122 § 7.]
Chapter 70.98
NUCLEAR ENERGY AND RADIATION
70.96.900
~gyisei!§ nQ!~
The effective date of
the repeal of this section by chapter 122,
Laws of 1972 ex. sess. has been changed to
January 1, 1975. See note following RCW
7 0. 96 A• 0 1 0 •
Chapter 7C. 96A
UNIFORM ALCOHOLISM AND INTOXICATION
TREATMENT
(EFFECTIVE JANUARY 1, 1975)
70. 98. 170
PROHIBfiiON--Fl&QliQ~CO_fi£ !=
RA! SHOEliTilNG QtVI~ The operation or
maintenance of any x-ray, fluoroscopic, or
other equipment or apparatus employing
roentgen rays, in the fitting of shoes or
other footwear or in the viewing of bones
in the feet is prohibited. This prohibition does not apply to any
licensed
physician, surgeon, podiatrist, or any
person practicing a licensed healing art,
or any technician working under the direct
and immediate supervision of such persons.
[1973 c 7? § 27; 1961 c 207 § 17.]
Chapter 70.110
FLAMMABLE FABRICS--CHILDREN'S SLEEPWEAR
70.96!.010
J;ffective date--197~ rut.:..§.:. £ lll.:. "Chapter 122, Laws of 1972 extraordinary session shall be effective January 1, 1975."
(1973 c 92 § 1; 1972 ex.s. c 122 § 31.]
70.110.010
~tlQRT
!l!b~
This chapter
may be known and cited as the "Flammable
Fabrics Act". ( 1973 1st ex.s. c 211 § 1.]
~rogrg~§ ~port.:_
"The department of social and health services shall make and
deliver a written progress report on the
implementation of the uniform alcoholism
and
intoxication
treatment act every
ninety days up to the effective date of
the act, January 1, 1975 to the appropriate committee of the legislative council,
or its successor." [1973 c 92 § 2.]
70.110.020
LEGISLATIVE FINDI!Q.:.
The
legislature herebyfinds~nd declares that
fabric
related
burns from childr~n's
sleepwear present an immediate and serious
danger to the infants and children of this
state. The legislature therefore declares
it to be in the public interest, and for
the protection of the health, property,
and welfare of the residents of this state
( 658 J
TITLE 71
DIGEST OF TITLE
--------------------------------------------------------------------------------------to herein provide for flammability standards for children's sleepwear. [1973 1st
ex.s. c 211 § 2.]
70.110.030
~FIElilQM~~
As used in
this chapter the following words
and
phrases shall have the following meanings
unless the
context
clearly
requires
otherwise:
(1)
"Person" means an individual, partnership, corporation, association, or any
other form .of business enterprise, and
every officer thereof.
(2)
"Children's sleep~ear" means any
product of wearing apparel from infant
size up to' and including size fourteen
which is sold or intended for sale for the
primary use of sleeping or activities
related to sleeping, such as nightgowns,
pajamas, and similar or related items such
as
robes,
but excluding diapers and
underwear.
(3)
"Fabric" means any material (except
fiber, filament, or yarn for other than
retail sale)
woven,
knitted, felted, or
otherwise produced from or in combination
with any material or synthetic fiber,
film, or substitute th~refor which is
intended for use, or which may reasonably
be expected to be used, in children's
sleepwear.
(4) The term "infant size up to and
including size six·x" means the sizes
defined as infant through and including
six-x in Department of Commerce Voluntary
Standards, Commercial Standard
151-50,
"Body
Heasurements for the Sizing of
Apparel for Infants, Babies, Toddlers, and
children", Commercial standard 153, "Body
Measurements for the sizing of Apparel for
Girls", and Commercial Standard 155, "Body
Measurements for the Sizing of
Boys•
Apparel".
(~
"Fabric related burns" means burns
that would not have been incurred but for
the .fact that sleepwear worn at the time
of the burns did not comply with commercial standards promulgated by the secretary of commerce of the United States in
March, 1971, identified as Standard ~or
the Flammability of Children's Sleepwear
(DOC FF 3-71) 36 F.R.
14062 and by the
Flammable Fabrics Act 15 u.s.c. 1193.
[ 1973 1st ex. s. c 211 § 3.)
70.110.050
!!IORNE1 ~E]B!1 Q~ f]Q§]=
CU.IJNG AT!QBEY~ !UT.!iQRIID IQ ~Mil& !f=
IJQN~ 1Q S]~.'!:SAI] OR
ESEV]!I VIOLATIONS.
The attorney general or the prosecuting
attorney of any county within the state
may bring an action in the name of the
state against any person to restrain and
prevent any violation of this chapter.
[1973 1st ex.s. c 211 § 5.]
70.110.060
f]M!bTI~~
Any violation
of this chap~er is punishable, upon conviction,
by a fine not exceeding five
thousand dollars or by confinement in the
counby jail for not exceeding one year, or
both. ( 1973 1st ex.s. c 211 § 6.]
70.110.070
STRICT LIABILITY.
Any person who violates-acw-7o:110:o4o- shall be
strictly liable for fabric-related, burns.
( 1973 1st ex.s. c 211 § 7.]
70.110.080
g~~NAL
SERVICE Ql ERQ=
CESS--JURIS~lf.IION OF COURTS~
Personal
service of any process in an action under
this chapter may be made upon any person
outside the state if such person has
violated any prov~s~on of this chapter.
Such
person shall be deemed to have
thereby submitted himself to the jurisdiction of the courts of this state within
the meaning Of RCW 4.28.180 and 4.28.185,
as now or hereafter amended. ( 1973 1st
ex.s. c 211 § 8.]
70.110.900
fRO!l~QM~ A~DI!!QMAk~
The
provisions of this chapter shall be in
addition to and not a substitution for or
limitation of any other law.
[1973 1st
ex. s. c 211 § 9. ]
70.110.910
EX~~
f
~~~ABI~ITY==J97J
1~1
111~
If any provision of this
chapter, or its application to any person
or circumstance is held invalid the remainder of the chapter, or the application
of the provision to other persons or
circumstances is not affected. (1973 1st
ex • s . c 211 § 1 0 • ]
TITLE 71
MENTAL ILLNESS AND INEBRIACY
Sections added, amended, or repealed:
70.110.040
COMPLI!~~
REQQl~~
It
shall be unlawful to manuf~ctu~e for sale,
sell, or offer for sale any new and unused
article of children's sleepwear which does
not comply with the standards established
in the Standard for the Flammability of
Children's Sleepwear
(DOC FF 3-71), 36
F.R. 14062 ana the Flammable Fabrics Act,
15 u.s.c. 1191-1204.
[1973 1st ex.s. c
211 § 4.]
1973 RCW SUPP.
f~~£te£ 11~Q£ ~en1s1 £11gg§§==£2~~i1~n!
f£2£~Q.Y£~
71.02.010
71.02.020
71.02.090
[ 659 ]
Definitions.
Construction of chapter--Criminal insane--"Insane" as used in
other statutes.
Involuntary patients--Application to court for
hospitalization.
TITLE 71
MENTAL ILLNESS AND INEBRIACY
-------------------------------------71.02.100
71.02.110
71.02.120
71.02.130
71.02.140
71.02.150
71.02.160
71.02.170
71.02.180
71.02.190
71.02.200
71.02.210
71.02.220
71.02.230
71.02.240
71.02.250
71.02.255
71.02.260
71.02.27<)
71.02.280
71.02.290
71.02.300
71.02.450
71.02.650
fM121~r
Involuntary patients--Liability
of applicant.
Involuntary patients--Probate
matter--court commissioners.
Involuntary patients--Hearing
date--Detention pending
hearing.
Hospital facilities--Examination and treatment of patient-Costs.
Notice of hearing--Service.
Property of patient-Safeguarding.
Hearings--Time and place-Privacy.
Hearings--~vidence.
Hearings--Subpoenas--Witness
fees.
Hearings--Representation for
patient.
Hearings--Order of
hospitalization.
Jury trial--Request for--Date,
detention pending.
Jury trial--Evidence--Order of
hospitalization.
Liability for detention charges
and court costs of persons
found mentally ill.
Order of hospitalization or
custody--Inventory of personal
effects.
Files confidential, exception-Record entries.
Examination of case data on
court order--Exception.
Alien patients--Report.
Orders and reports--For~s.
orders and reports--copies to
hospital-Inadequate reports.
Orders--Execution.
Jurisdiction of court to
continue.
State hospitals--Allocation of
patients.
Legal competency-Effect of application or discharge-Examination before discharge.
LL.QJ
~ntal ;UJ.ng§§.==Te.!!!Poryy
Qg~entiQn ~!ill Car.§~
71.03.010 through 71.03.900.
71.05.010
71.05.020
71.05.030
71.05.040
71.05.050
71.05.060
71.05.070
71.05.080
71.05.090
71.05.100
intent.
Definitions.
Commitment law applicable.
No judicial commitment--Epileptic--Mentally deficient or retarded--Senile.
Voluntary application for mental health services.
Rights of persons complained
against.
Prayer treatment.
Effect on pending proceedings
and on persons previously
committed.
Choice of physicians.
Financial responsibility.
Legisla~ive
71.05.110
Compensation of appointed
counsel.
71. 05. 120 Exemptions from liability.
71.05.130 Duty of prosecuting attorney.
71.05.140 Records maintained.
71.05.150 Detention of mentally disordered persons for evaluation
and treatment.
71.05.160 Application.
71.05.170 Acceptance of application.
71.05.180 Detention for evaluation--Serv·
ices provided.
71.05.190 Persons not admitted~
Transportation.
71.05.200 Notice and statement of
rights--Probable cause hearing.
71.05.210 Evaluation-Treatment and
care--Release or other
disposition.
71.05.220 Property of committed person.
71.05.230 Procedures for additional
treatment.
71.05.240 Probable cause hearing.
71.05.250 Probable cause hearing--netained person's rights.
71.05.260 Release--Exception.
71.05.270 Temporary release.
71. 05.280 Additional confinement-Grounds--Duration.
71. 05.290 Petition--Affidavit.
71.05.300 Filing of petition--Service-Advice of rights.
71.05.310 Time for hearing--Due process--Jury trial--continuation of
treatment.
71.05.320 Remand for additional treatment--Duration~New petition.
71.05.330 Early release--Notice to court.
71.05.340 Outpatient care--Conditional
release--Procedures for
re vocation.
71.05.350 Assistance to released persons.
71. 05. 360 Rights of involuntarily detained persons.
71. 05.370 Rights--Posting of list.
71.05.380 Rights of voluntarily committed
persons.
71.05.390 Confidential information and
records--Disclosure.
71.05.400 Release of information to patient's attorney, guardian,
f.amily, etc.-Notification of
patient's death.
71.05.410 Notice of disappearance of
patient.
71.05.420 Records of disclosure.
71.05.430 Statistical data.
71.05.440 Action for unauthorized release
of confidential information-Liquidated damages-Treble damages--Injunction.
71.05.450 competency--Effect--Statement
of Washington law.
71.05.460 Right to counsel.
71.05.470 Right to examination.
Request for release--Notice.
71.05.48~
71. 05.490 Present rights.
71.05.500 Liability of applicant.
71.05.510 Damages for excessive
detention.
71.C5.520 Protection of rights--Staff.
[ 660 ]
MENTAL ILLNESS--COMMITMENT PROCEDURE
71.02.180
--------------------------------------------------------------------------------------Facilities part of comprehensive mental health program.
standards for public and private evaluation and treatment
facilities, enforcement procedures--Penalties.
Recognition of county financial
necessities.
Adoption of rules and
regulations.
Rules of court.
Severability--1973 1st ex.s. c
142.
Construction.
Section headings not part of
the law.
Effective date--1973 1st ex.s.
c 142.
71.05.530
71.05.540
71.05.550
71.05.560
71.05.570
71.05.900
11.05.910
71.05.920
71.05.930
!;.!!apter 71.&~
IntQn£atigg ,and Q£.!!!lli.a~i2.!..
71.68.010 through 71.08.090 (See note.)
71.12.560
71.12.570
Voluntary patients--Report.
Communications by patients-Rights.
Proceedings as to mental condition of patient~Representation
of patient--Examination.
71.12.580
illlill
lh~Q
Stg~
f~ !1entally
71.20.110
~~~
.agg Local
Reta¥deg
.§.g~!i£eS
~§.Q!l§.!..
Tax levy directed--Allocation
of f~tids for federal matching
funds purposes.
71.24
Commun,il_y
Ac.b_
.H~ial
71.02.100
INVOLUNTARY
PATI~!!.§.=-LI!=
BI,l!lTY Ql A.fPLICANT:;:-[1959 c 25 § 71.02.100. Prior: 1951 c 139 § 31; 1949 c 198
§ 3; Rem. supp. 1949 § 6953-3.] Repealed
by 1973 1st ex.s. c 142 § 66.
71.02.110
INVOLUNTARY
PATIENTS--PROBAY MATTfjR-COURT ~OMMI.§:~IONERS~--(l959c
25 § 71.02.1 10.
Prior: 1951 c 139 § 39.]
Repealed by 1973 1st ex.s. c 142 § 66.
71.02.120
IN!QLUNTARX fATIE!!.§.==HEAB=
ING
DATE-DETENTION
PENDING
!!EARING.
(1959 ~196§-9; 1959 c 25§ 71 .02. 120.
Prior:
1951 c 139 § 18; 1949 c 198 § 8,
part; Rem. Supp.
1949 § 6953-8,
part.]
Repealed by 1973 1st ex.s. c 142 § 66.
71.02.130
liOSPITAL FAQ.LI!IE.§. EZ[l.MI~
NA.I.!Q! AND .IREATMENT .Qf PATU:l!!=-COSI~.!..
[1959 c 196 § 10; 1959 c 25 § 71.02.130.
Prior:
1957 c 49 § 1; 1951 c 139 § 28.]
Repealed by 1973 1st ex.s. c 142 § 66.
71.02.140
NOIICE Ql flEARI!Q:=SEJ!!J~~.!..
[1959 c 25 § 71.02.140. Prior: 1951 c 139
§ 19; 1949 c 198 § 5; Rem.
supp.
1949 §
6953-5.] Repealed by 1973 1st ex.s. c 142
§ 66.
Healj:.h
~ervices
71.24.030
71.02.090
INVOLUNT!!!l £!TIEN!~==h£g1J~
CATION
TO
COUR! fQ!! HQ~11A1l~ATIQ].!..
[1959-c 2s-§ 71.02.090.
Prior: 1957 c 28
§ 1; 1951 c 139 § 17; 1949 c 198 § 4; Rem.
supp. 1949 § 6953-4.]
Repealed by 1973
1st ex.s c 142 § 66.
Grants to counties--Programs
and services--Inservice
training.
71.02.150
PROPERTY OF PATIENT--SAFEQQARDING.!..
(1959 c 25 §71.02.150:-Prior:
1951 c 139 § 32; 1949 c
198 § 6;
Rem.
Supp.
1949 § 6953-6.] Repealed by 1973
1st ex.s. c 142 § 66.
Chapter 71.02
MENTAL ILLNESS-COMMITMENT PROCEDURE
(SUCCESSOR LAW: SEE CHAPTER 71.05 RCW)
cross References:
Criminally insane procedures, rights and
responsibilities: Chapter 10.77 RCW.
Mental illness: Chapter 71.05 RCW.
71.02.160
HEARINGS--TIME AND PLACE-PRIVACY. [195g-c-25_§ 71:02.160. -Prior:
__
1951 c 139 § 33;
1949 c 198 § 9; Rem.
Supp. 1949 § 6953-9.]
Repealed by 1973
1st ex.s. c 142 § 66.
71.02.010
Q!f!HITIO!~.!..
(1959 c 25 §
71.02.010.
t>rior:
1g51 c 139 §
2.]
Repealed by 1973 1st ex.s. ~ 142 § 66.
71.02.170
HEARINGS-EVIDENCE. (1959 c
25 § 71.02.17o:-Prior:1951~-,39 § 21;
1949 c 198 §§ 10, part, and 12; Rem. SUpp.
1949
§§ 6953-10, part, and 6953-12.]
Repealed by 1973 1st ex.s. c 142 § 66.
2f f]!gl!B==
AS !!.§.ED i l Q.I.!!t!!
~!!TUTES.!..
(1959 c 25 § 71.02.020. Prior:
1951 c 139 § 4; 1949 c 198 § 15; Rem.
Supp.
1949 § 6953-15.] Repealed by 1973
1st ex.s. c 142 § 66.
71.02.020
£ll!1.!1!!t
CONSTRUCTIO]
INS!NE--~.§.!l{E"
1973 RCW SUPP.
[ 661
71.02.180
HEARlliGS==.§.!!~POENA.§.==!l~~~
(1959 c 25 § 71.02.180.
Prior:
1951 c 139 § 34; 1949 c 198 § 10, part;
Rem.
Supp.
1949 § 6953-10, part.] Repealed by 1973 1st ex.s. c 142 § 66.
FE!~
]
71.02.190
MENTAL ILLNESS AND INEBRIACY
------------------------·
71.02.190
HEARI]Q~]lli§].!lll.ll.Q]
-----------------------------
!9]
71.02.290
QSDEB§==!!l&]TIO]~
(1959 c
25 § 71.02.290.
Prior: 1951 c 139 § 36.]
Repealed by 1973 1st ex.s. c 142 § 66.
g!!IENT~
[1959 c 25 § 71.02.190. Prior:
1951 c 139 § 22; 1949 c
198 § 11;
Rem.
Supp.
1949 § 6953-11.) Repealed by 1973
1st ex.s. c 142 § 66.
71 • 02.300
¥QRISD1£!!0N
OF COURT TO
£QB11MQ1~ [1959 c 25 § 11.o2:1oo~--Prior!
1951 c 139 § 27.] Repealed by 1973 1st
ex.s. c 142 § 66.
71.02.200
HENRINGS--ORDER QE HOSPITAL=
[1959 c 25 § 71.02.200.
Prior:
1951 c
139 § 20.] Repealed by 1973 1st
ex.s. c 142 § 66.
IZA!IQH~
71.02.380
HOSPITALIZATION
CRIMINALLY INSANE:_LIABILITY:
------ ----------
71.02.210
~URJ
!ftl!~QUE~
FOR-=
DAT,h DE:J;:tNTlQ.t! gtNDil!Q~
[1959 c
25 §
71.02.210. Prior: 1951 c 139 § 23: 1949 c
198 § 8, part; Rem. Supp. 1949 § 6953-8,
part.) Repealed by 1973 1st ex.s. c 142 §
66.
cross Reference:
Criminally insane,
reimbursement
costs:
RCW 10.77.250.
71.02.450
OF PATIENTS.
71.02.220
QE
~URJ
TRIAL--EVIDENCE--ORDER
Prior: 1951 c 139 § 24.
142 § 66.
J
~!!!]
l!Q§.PITALS-ALLOCATION
( 1967 c 24 § 1; 1959 c 25 §
7i. "02.450:- Prior: 1951 c 139 § 29.)
Repealed by 1973 1st ex.s. c 142 § 66.
HOgTIA11~!1IOlh_ -[,95~2s--~7~o2=
.220.
for
Repealed
by 1973 1st ex.s. c
71.02.230
CHARGES !]Q
1IA~IL1I!
l.QB
71.02.650
gGAL CO_tlPE.I].!i£!==11!:]£! Qf
APf1IC,UI..Q.t! Q!! QISCff!!i.@=l;XAtJllaiiQ] ~];
lQBt Ql~CHA_!!Q~
[1959 c 25 § 71.02.650,
Prior: 1951 c 139 § 3; 1949 c 198 § 16;
Rem.
Supp.
1949 § 6953-16.) Repealed by
1973 1st ex.s. c 142 § 66.
~BllQ.!l
~QRT £;OS!§.
IL1~
[1971
Q.f ft~QNS FO.Y]Q
~]HI!LL!
ex.s. c 292 § 63;
196 7 ex. s. c 127 § 3;
19 59 c 25 §
71.02.230.
Prior:
1957 c 24 § 1; 1951 c
139 § 51.] Repealed by 1973 1st ex.s. c
142 § 66.
Chapter 71.03
MENTAL ILLNESS--TEMPORARY
DETENTION AND CARE
(LATER ENACTMENT: SEE CHAPTER 71.05 RCW)
71.02.240
QRDER QE HO~~l~ATIOli Qli
£US.1Q].!:=--INVE1!1QRY .Qf PERSQ!AL EFF~CTS~
( 1959 c 25 § 71.02.240.
Prior: 1951 c 139
§ 25.] Repealed by 1973 1st ex.s. c 142 §
66.
71.02.250
FIL]§
£Q]I~!lA1L
71.03.010 through 71.03.900
(1959 c
196 §§ 2-8.) Repealed by 1973 1st ex.s. c
142 § 66.
Cross Reference:
Mental illness:
]]&]E=
[ 1959 c 51 § 1;
1959 c 25 § 71.02.250. Prior: 1951 c
139
§ 38 ;
1 9 4 9 c 1 9 8 § 13 ; Rem • s up p • 1 9 4 9 §
6953-13.] Repealed by 1973 1st ex.s. c
142 § 66.
J;IOlL-::Jl~Q
ENTRIES~
Chapter 71.05
MENTAL ILLNESS
71.02.255
EXAMINATION OF CASE DATA Ql!
_gouRT QRD]!!=-EXCEPTI~~2. ]
Repealed by 1973 1st ex.s. c 142 § 66.
f1gs9-c 51-§
71.05.010
!&~ll.llg
INTENT.
The
provisions of this chapter are intended by
the legislature:
(1)
To end inappropriate, indefinite
commitment of mentally disordered persons
and to eliminate legal disabilities that
arise from such commitment;
(2)
To provide prompt evaluation and
short
term treatment of persons with
serious mental disorders;
(3)
To safeguard individual rights;
(4)
To provide continuity of care for
persons with serious mental disorders;
(5)
To encourage the full use of all
existing agencies, professional personnel,
and public funds to prevent duplication of
services and unnecessary expenditures;
(6)
To encourage, whenever appropriate,
that
services be provided within the
community. (1973 1st ex.s. c 142 § 6.]
71.02.260
!LIEN
[1959 c 25 § 71.02.260.
§ 30. ] Repealed by 197 3
66.
71.02.270
ORD~RS
AND REPORTS--FORMS.
[ 1959 c 25 § 71.o2:27o~--Prior:-1951~c-;J9
§ 35.] Repeale-d by 1973 1st ex.s. c 142 §
66.
71.02.280
ORDERS AND REPORTS--COPIES
!Q .liQSPITAL INADEQUATE _!!~PORTS~-(1959--c
25 § 71.02.280.
Prior:
1951 c 139 § 37.)
Repealed by 1973 1st ex.s. c 142 § 66.
[
Chapter 71.05 RCW.
662
J
MENTAL ILLNESS
71.05.030
--------------------------------------------------------------------------------------71.05.026
~INIT!Q]]~
For the purposes of this chapter:
(1)
"Gravely disabled" means a condition in which a person, as a result of a
mental disorder is in danger of serious
physical harm resulting from a failure to
provide for his essential human needs;
(2)
"Mental disorder" means any organic, mental, or emotional impairment which
has substantial adverse effects on an
individual's
cognitive
or
volitional
functions;
(3)
"Likelihood of serious harm" means
either (a) a substantial risk that physical harm wi11 be inflicted by an individual upon his own person, as evidenced by
threats or attempts to commit suicide or
inflict physical harm on one's self, or
(b) a substantial risk that physical harm
will be inflicted by an individual upon
another, as evidenced by behavior which
has caused such harm or which places
another person or persons in reasonable
fear of sustaining such harm;
(4)
"Peace officer" means a law enforcement official of a public agency or
governmental unit, and includes persons
specifically given peace officer powers by
any state law, local ordinance, or judicial order of appointment;
(5)
"Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(6)
"Public agency" means ant evaluation and treatment facility of, or operated directly by, federal, state, county, or
municipal government, or a combination of
such governments;
(7)
"Private agency" means any person,
partnershlp, corporation, or association
not defined as a public agency, whether or
not tinanced in whole or in part by public
funds, which constitutes an evaluation and
treatment facility;
(8)
"Attending staff" means any person
on the staff of a public or private agency
having responsibility for the care and
treatment of a patient;
(9)
"Dep~rtment" means
the department
of social and health services of the state
of Washington;
(10)
"Secretary" means the secretary of
the department of social and health services, or his designee;
(11)
"Mental health professional" means
a psychiatrist, psychologist, psychiatric
nurse, or social worker, and such other
mental health professionals as may be
defined by rules and regulations adopted
by the secretary pursuant to the provisions o£ this chapter;
(12)
"Professional person" shall mean a
mental health professional, as above de~
fined,
and shall also m~an a physician,
registered nurse, and such others as may
be defined by rules and regulations adopted by the secretary pursuant to
the
provisions of this chapter;
(13)
"Psychiatrist" means a person having a license as a physician and surgeon
in this state who has in addition completed three years of graduate training in
1973 RCW SUPP.
[ 663
psychiatry in a program approved by the
American medical association or the American osteopathic association;
ptq "Psychologist" means a person with
an earned graduate degree in psychology or
a graduate degree deemed its equivalent
under rules and regulations adopted by the
secretary or who has been licensed as a
psychologist pursuant to chapter 18.83
RCW;
(15)
"Social worker" means a person
with a master's or further advanced degree
from an accredited school of social work
or a degree from a graduate school deemed
equivalent under rules and regulations
adopted by the secretary;
(16)
"Evaluation and treatment facility" means any facility which can provide
directly, or by direct arrangement with
other public or private agencies, emergency evaluation and treatment, outpatient
care, and short term inpatient care to
persons suffering from a mental disorder,
and which is certified as such by the
department of social and health services:
PROVIDED, That a physically separate and
separately operated portion of a state
hospital may be designated as an evaluation and treatment facility:
PROVIDED
FURTHER, That a facility ~hich is part of,
or operated by, the department of social
and health services or any federal agency
will not require certification: AND PROVIDED FURTHER, That no correctional institution or facility_ or jail, shall be an
evaluation and treatment facility within
the meaning of this chapter.
(1973 1st
ex • s. c 14 2 § 7 • )
71.05.030
COMMITMENT ~ !ff1IfA]1~~
Persons--suffering from a
mental
diso~der may not be involuntarily
committed for treatment of such disorder except
pursuant to provisions of this chapter,
chapter 10.76 RCW or its successor, chapter 71.06 RCW, transfer pursuant to RCW
72.68.031 through 72.68.037, or pursuant
to court ordered evaluation and treatment
not
to exceed ninety days pending a
criminal trial or sentencing.
Persons
impaired by chronic alcoholism or drug
abuse may receive services pursuant to
this chapter if they so elect, unless
proceedings have been initiated under the
provisions of the Washington Uniform Alcoholism and Intoxication Treatment Act,
*chapter 92, Laws of 1973 (chapter 70.96A
RCW).
(2}
No person under the age of eighteen
years shall be involuntarily
provided
with, detained,
certified, or committed
for evaluation or treatment pursuant to
the prov~sions of this. chapter unless
written authorization has been obtained
from such person's parent, parents, conservator, or legal guardian, or pursuant
to proceedings o£ the juvenile court under
chapter 13.04 RCW.
[1973 2nd ex.s. c 24 §
2; 1973 1st ex.s. c 142 § S.]
(1)
]
71.05.030
MENTAL ILLNESS AND INEBRIACY
---------------------------------~---
!~vis~~ note~
The washington Uniform
Alcoholism and Intoxication Treatment Act
was enacted into law by chapter 122, Laws
of 1972 ex.
sess.
Chapter 92, Laws of
1973 r~ferred to herein amended the 1972
act.
71.05.040
NO
1EPll~MENTALLY
~!!ill&.!.
Persons
71.05. 080
EFFECT ON ll]JU]§ n.QCEJi.!1:
AND Qli ~~ f,MVIOUgJ £QM!1II!.t;Q~
Except as herein provided, the p~ovisions
of this chapter shall not in themselves
impair any action taken in any proceeding
pending under statutes in effect prior to
January 1, 1974, nor shall they apply
retroactively to terminate the detention
of any person previously committed pursuant to statutes in effect prior to January
1, 1974. One hundred twenty days after
January 1, 1974, the provisions of RC~
71.05.320 (2) shall apply to all persons
previously committed pursuant to chapter
71.02 new. [ 1973 1st ex.s. c 142 § 13. J
I!~
JQ~~l!1 ~~!!MENT---EPI~
QU.!£1EN! .Q£
RETARJ2M=
who are epileptics, mentally deficient,
mentally retarded, or
senile shall not be detained for evaluation and treatment or judicially committed
solely by reason of that condition unless
such condition causes a per-son to be
gravely disabled or constitutes a likelihood of serious harm to others.
(1973 1st
ex.s. c 142 § 9.]
71.05.090
~QI~
Ql £HYSIC!l!~ Persons receiving evaluation or treatment
under
this chapter shall be given a
reasonable choice of an available physician or other professional person quali·
fied to provide such services. (1973 2nd
ex.s. c 24 § 3; 1973 1st ex.s. c 142 §
14. ]
71.05.050
!Q1Q!!!li!
APPLICATION fQli
MENTA1 E]!k!B SERVIf]~.!. Nothing in this
chapter shall be construed to limit the
right of any person to apply voluntarily
to any public or private agency or practitioner for treatment of a mental disorder,
either by direct application or by referral.
Any person voluntarily admitted for
inpatient
treatment to any public or
private agency shall be released immediately upon his request. Any person voluntarily admitted for inpatient treatment to
any public or private agency shall, orally
and in writing, be advised of such right
to release and such other rights as are
secured to them pursuant to this chap~er
and their rights of access to attorneys,
courts, and other legal redress.
Their
condition and status shall be reviewed at
least once each one hundred eigbty days
for evaluation as to the need for further
treatment and;or possible release,
at
which time they shall again be advised of
their right to release upon
request.
( 1973 1st ex.s. c 142 § 10.]
71. 05. 100
l1_NA,NfiA~
!l_ES~I§.IillL.
In addition to the responsibility provided
for by RCW 71.02.411, any person, or his
estate, or his spouse, or the parents of a
minor person who is involuntarily detained
pursuant to this chapter for the purpose
of treatment and evaluation outside of a
facility maintained and operated by the
department of social and health services
shall be responsible for the cost of such
care and treatment. In the event that an
individual is un·able to pay for such
treatment or in the event payment would
result in a substantial hardship upon the
individual or his family, then the county
of residence of such person shall be
responsible for such costs. If it is not
possible to determine the county of residence of the person, the cost shall be
borne by the county where the person was
originally detained.
The department of
social and health services shall, pursuant
to chapter 34.04 RCW, adopt standards as
to (1) inability to pay in whole or in
part,
(2)
a definition of substantial
hardship, and
(3)
appropriate
payme~t
schedules. such standards shall be appllcable to all county mental health adminis~
trative boards.
Financial responsibility
with respect to department services and
facilities shall continue to be as provided in chapter 71.02 RCW. (1973 2nd ex.s.
c 24 § 4; 1973 1st ex.s. c 142 § 15.)
71.05.060
RIGHTS OF PERSONS COMPLAINED
!§.!INST.!. A personsubjectto-confinement
resulting from any petition or proceeding
pursuant to the provisions of this chapter
shall not forfeit any legal right or
suffer any legal disability as a consequence of any actions taken or orders
made, other than as specifically provided
in this chapter. (1973 1st ex.s. c 142 §
11. J
71.05. 110
COMPENSATION
Qf: APPOINID
coUNSEL. Attor;;ys-appointed for--persons
pursuant to this chapter shall be compensated for their services as follows:
(11
The person for whom an attorney is appointed shall, if he is financially able
pursuant to standards as to financial
capability and indigency set by the superior court of the county in which the
proceeding is held, bear the costs of such
71.05.070
PRAYEB TREA~!1.!. The provisions of this chapter shall not be
construed to d-eny to any person treatment
by
spiritual means through prayer in
accordance with the tenets and practices
of a church or religious denomination.
( 1973 1st ex. s. c 142 § 12.]
664
J
MENTAL ILLNESS
71.05.150
--------------------------------------------------------------------------------------legal services;
(2)
If such person is
indigent pursuant to such standards, the
costs of such services shall be borne by
the county in which the proceeding is
held, subject however to the responsibility for costs provided in RCW 71.05.320
(2~.
[1973 1st ex.s. c 142 § 16.]
71.05.120
~l]~!IQN~
FRQ~
k~!LITY~
No officer of a public or private agency
initiating or providing treatment pursuant
to ~his chapter, nor the superintendent,
professional person in charge, his professional designee, or attending staff of any
such
agency, nor any public official
performing functions necessary to
the
administration of this chapter, nor peace
officer responsible for detaining a person
pursuant to this chap~er shall be civilly
or criminally ~iable for performing duties
prescribed by this chap.ter or releasing a
person at or before the end of the period
for which he was admitted or committed for
evaluation or treatment:
PROVIDED, Tha~
such duties were performed in good faith
and without negligence. [1973 2nd ex.s. c
24 § 5; 1973 1st ex.s. c 142 § 17.]
71.05.130
DUTY OF PROSECUTING ATTORNEY.
In any--judicial- proceeding-~oi
Involuntary commitment or detention, or in
any proceeding challenging such commitment
or detention, the prosecuting attorney for
the county in wh~ch the proceeding was
initiated shall_represent the individuals
or agencies petitioning for commitment or
detention ana shall defend all challenges
to such commitment or detention. (1973
1 st e x • s • c 1 4 2 § 1 8 • )
71.05.140
RECORDS MAINTAINED.
Arecord of all applications;- petitions, and
proceedings under this chapter shall be
maintained by th~ county clerk in which
the applicatioiT,
petition, or proceeding
was initiated. (1973 1st ex.s. c 142 §
19. ]
71.05.150
DETENTION OF MENTALLY QISQ~=
Q~ED R~]~N~--poR--~!ALUATIQN-AND !REAT=
11EN!~
( 1) (aJ
When a mental health
professional
designated by the county
receives information alleging that a person, as a result of a mental disorder,
presents a likelihood of serious harm to
others or himself, or is gravely disabled,
such mental health professional, after
investigation and evaluation of the specific facts alleged, and of the reliability
and credibility of the person or
persons, if any, providing information to
initiate detention, may summon such person
to appear at an evaluation and treatment
facility for not more than a seventy-two
hour evaluation and trea~ment period.
The
mental
health professional shall also
designate, from a list provided by the
court, an attorney who will be appointed,
1973 RCW SUPP.
(
if any is to be appointed, and state the
name of this attorney in the summons.
(b)
The summons shall state a date and
time to appear not less than twenty-four
hours after the summons, notice of rights,
and statement of specific facts required
by RCW 71.05.200 is serYed on such person.
The summons shall state the address of the
evaluation and treatment facility to which
such person is to report and the business
address and phone number of the mental
health
professional designated by the
county. The summons shall state that if
the person named in the summons fails to
appear at the evaluation and treatment
facility at or before the date and time
stated in the summons, such person may be
involuntarily taken into custody.
(c)
If such mental health professional
decides to summon such person for up to a
seventy•two hour evaluation and treatment
period, the mental health professional
must file in court the summons,
the
petition for initial detention, and all
documentary evidence. The mental health
professional shall then serve or cause to
be served on such person, his guardian,
and conservator, if any, a copy of the
summons together with a notice of rights
and a statement of specific facts as
required by RCW 71.05.200.
After service
on such person the mental health profess~onal shall file the
return of service
and statement ot specific facts in court
and provide copies of all papers in the
court file to the evaluation and treatment
facility. This shall constitute an application as required by RCW 71.05.160. The
mental health professional shall notify
the court and the prosecuting attorney
that a probable cause hearing will be held
within seventy-two hours of the date and
time specified on the summons if such
person
is not released prior to the
expiration of such period.
(d)
If the person summoned appears on
or before the date and time specified, the
evaluation and treatment facility shall
admit such person as required by RCW
71.05.170. If the person summoned fails to
appear on or before the date and time
specified, the evaluation and treatment
facility shall immediately notify
the
mental health professional designated by
the county who may notify a peace officer
to take such person or cause such person
to be taken into custody and placed in an
evaluation and treatment facility.
At the
time such person is taken into custody
there shall be served on such person, his
guardian, and conservator, if any, a copy
of the original summons together with a
copy of the notice and statement
of
specific facts required by RCW 71.05.200.
(2)
When a mental health professional
designated by the county receives information alleging that a person, as the result
of a mental disorder, presents an imminent
likelihood of serious harm to himself or
others, after investigation and evaluation
of the specific facts alleged and of the
reliability· and credibility of the person
665 ]
71.05.150
MENTAL ILLNESS AND INEBRIACY
--------------------------------------------------------------------------------------or persons providing the information if
any, the mental health professional may
take such person, or cause such person to
be taken itito emergency custody in an
evaluation and treatment facility for not
more than seventy-two hours as described
in RCW 71.05.180.
(3)
A peace officer may take such person or cause such person to be taken into
custody and placed in an evaluation and
treatment facility pursuant to subsection
( 1) (d) of this section.
A peace officer may, without prior notice of the proceedings provided for in
subsection (1) of this section, take or
cause such person to be taken into custody
and placed in an evaluation and treatment
facility only pursuant to subsections (1)
(d) and (2) of this section or
when such
person is subject to lawful arrest and as
a result of mental discrder presents an
imminent likelihood of serious harm to
others or himself. (1973 1st ex.s. c 142
§ 20. l
evaluate the person's condition and admit
or release such person in accordance with
RCW 71,05.210. The facility shall notify
the court of the date and time of the
initial detention of each person involuntarily detained iri order that a probable
cause hearing shall be held no later than
seventy-two hours after detention. [1973
1st ex.s. c 1~2 § 22.)
71.05.180
DETENTION FOR EVALOATION-SER!I£ES fROVID~D.--I~the-~valuation--and
treatment facility admits the person, it
may detain him for evaluation and treatment for a period not to exceed seventytwo hours, including Saturdays, sundays,
ana holidays.
[1973 1st ex.s. c 142 §
23. ]
71.05.190
71.05.160
APPLICATIQH.!.
Any facility
receiving a person pursuant to RCW 71.05• 150 shall require an application
in
writing stating the circumstances under
which the person's condition was made
known and stating that such officer or
person has evidence, as a result of his
personal
observation or investigation,
that ~he actions of the person for which
application is made constitute a likelihood of serious harm to himself or others,
or
that he is gravely disabled, and
stating the specific facts known to him as
a result of his personal observation or
investigation, upon which he bases the
belief that such person should be detained
for the purposes and under the authority
of this chapter.
If a person is involuntarily placed in
an evaluation and treatment facility pursuant to RCW 71.05.150, not later than
seventy-two hours after the initial detention, the professional staff of the facility or the mental health professional
designated by the county shall file with
th~
court either the application, a copy
of the notice required by RCW 71.05.200,
proof
of service of notice, and the
statement of specific facts, or a copy of
the second notice and statement of specific facts served on such person as required
by RCW 71.05.150 (1)
(d)
and proof of
service of the second notice, if proceedings are initiated under RCV 71.05.150 (1)
(d). [1973 1st ex.s. c 142 § 21.)
NO!
ll.!YI!l!~=l:llNS.:
71. 05.200
l!Q,llg
~.@
~!!nlrn!I QI
RI@TS=PRQBAljg
QJ!:~~
lliRI!2.!.
(1)
Whenever any person is detained for evaluation and treatment pursuant to
this
chapter, both he and, if possible, a
responsible member of his immediate family, guardian, and conservator, if any,
shall be immediately advised in writing
and orally, by the officer or person
taking him into custody, if any, and by
personnel of the evaluation and treatment
facility to which he is taken that unless
he is released within seventy•two hours of
the initial detention:
(a)
That a
judicial hearing in a district justice court or in a superior
court, either by a judge or court commissioner thereof, shall be held not more
than seventy-two hours after the initial
detention to determine whether there is
probable cause to detain him after the
seventy-two hours have expired for up to
an additional fourteen days without further automatic hearing for the reason that
he is a mentally ill person whose mental
disorder presents a likelihood of serious
harm to others or himself or that he is
gravely disabled;
(b)
That he has a right to communicate
immediately with an attorney; he has a
right to have an attorney appointed to
represent him before and at the probable
cause hearing if he is indigent; and he
has the right to be told the name and
addrtSS of the attorney the court has
designated pursuant to this chapter;
.
(c)
That he has the right to rema~n
silent and that any statement he makes may
be used against him;
71.05.170
ACCEPTA~CE
QI !RR1Jf!I1QB~
Whenever such an application is made for
admission of a person whose actions constitute a likelihood of serious harm to
himself or others, or who is gravely
disabled, the facility providing seventytwo hour evaluation and treatment must
immediately accept such application and
the
person.
The facility shall then
[
llM.Q!i~
If an application is
not
approved
for admission by a facility
providing seventy-two hour evaluation and
treatment,
the facility shall furnish
transportation, if not otherwise available, for the person to his place of
residence or other appropriate
place •
(1973 1st ex.s. c 142 § 24.)
POB!!I1~
666
]
MENTAL ILLNESS
71.05.230
--------------------------------------------------------------------------------------{d) That he has the right to present
evidence and to cross-examine witnesses
who testify against him at the probable
:ause hearing; and
(e)
That he has the right to refuse
medication
beginning twenty-four hours
prior to the probable cause hearing.
(2) When proceedings are initiated under RCW 71.05.150 (2)
or
(3),
no later
than twelve hours after such person is
admitted to the evaluation and treatment
facility the personnel of the evaluation
and treatment facility shall serve on such
person
a statement of specific facts
alleged to, have caused such
person's
present
detention and possible future
deten~ion.
This statement of specific
facts may be taken directly from the
application of the peace officer required
by RCW 71.05.160.
(3)
The judicial hearing described in
subsection
(1)
of this section is hereby
authorized, and shall be held according to
the provisions of subsection (1) of this
section and rules promulgated by
the
supreme court.
(1973 1st ex.s. c 142 §
25. ]
charge or his designee shall take reasonable precautions to inventory and safeguard the ~ersonal property of the person
detained. A copy of the inventory, signed
by the staff member making it, shall be
given to the person detained and shall, in
addition, be open to inspection to any
responsible relative,
subject to limitations, if any, specifically imposed by the
detained person.
For purposes of this
section, "responsible relative" includes
the
guardian,
conservator,
attorney,
spouse, parent,
adult child, or adult
brother or sister of the person. The
facility shall not disclose the contents
of the inventory to any other person
without the consent of the patient or
order of the court. (1973 1st ex.s. c 142
§ 27. J
71.05.230
.R!!~]Q.!lli~
!.QB ADDITIONAL
TREATKENT.
A person detained for seventytwo hour evaluation and treatment may be
detained for not more than fourteen additional days of either involuntary intensive treatment or of a less restrictive
alternative
to
involuntary
intensive
treatment if the following conditions are
met:
(1}
The professional staff of the agency or facility providing evaluation services has analyzed the person's condition
and finds that said condition is caused by
mental disorder and either results in a
likelihood of serious harm to the person
detained or to others, or results in the
detained person being gravely disabled;
and
(2}
The person has been advised of the
need for, but has not accepted,
voluntary
treatment; and
(3)
The facility providing intensive
treatment is certified to provide such
treatment by the department of social and
health services; and
(4)
The professional staff of the agency
or fa~ility or the mental health
professional designated by the county has
filed a petition for fourteen day involuntary treatment with the court. The petition
must
be
signed either by two
physicians or by one physician and a
licensed psychologist who have examined
the person, unless one of these persons is
not reas.onably available, in which case
another mental health professional who
participated in the examination may sign
the not~ce.
If involuntary detention is
sought_ the petition shall state facts that
support the finding that such person, as a
result of mental disorder, presents a
likelihood of serious harm to others or
himse~f,
or is gravely disabled and that
there are no less restrictive alternatives.
to detention in the best interest of such
person or others; and
(5} A copy qf the petition for fourteen
day involuntary treatment has been served
on the detained person, his attorney and
his guardian or conservator, if any, prior
to the probable cause hearing; and
71.05.210
!!ALUATIQN--TREATKENT
AND
CARE--RELEASE OR OTHER DISPOSITION.
Each
person involuntarily admit~to-an evaluation and treatment facility shall, within
twenty-four- hours of his admission, be
examined and evaluated by a
licensed
physician and licensed mental health pro•
fessional unless a licensed mental health
professional is not reasonably available,
and shall receive such treatment and care
as his ~ondition requires for the period
that he is detained, except that, beginning twenty-four hours prior to a court
proceeding, the individual may refuse all
but emergency life-saving treatment, and
the individual shall be informed at an
appropriate time of his right to such
refusal of treatment. such person shall be
detained up to seventy-two hours, if, in
the opinion of the professional person in
charge of the facility, or his professional designee, the person presents a likelihood of serious harm to himself or others,
or is gravely disabled.
A person who has
been detained for seventy-two hours shall
no later than the end of such period be
either released, referred for further care
on a voluntary basis, or certified fo~
intensive treatment.
An evaluation and treatment center admitting any person pursuant to this chapter whose physical condition reveals the
need for hospitalization shall assure that
such person is transferred to an appropri~
ate hospital for treatment.
[1973 1st
ex.s. c 142 § 26.]
71.05.220
PROPERTY OF COMMITTED PERSON.
At the time aperson is involuntarT:
ly admitted to an evaluation and treatment
facility,
the
professional person in
1973 RCW SUPP.
[
667
J
71.05.230
MENTAL ILLNESS AND INEBRIACY
---------------------------------------(6t The court at the time the petition
was filed and before the probable cause
hearing has appointed counsel to represent
such
person if no other counsel has
appeared; and
(7) The court has ordered a fourteen
day involuntary treatment after a probable
cause hearing has been held pursuant to
RCW 71.05.240. [1973 1st ex.s. c 142 §
2 B.
J
71.05. 240
PROBABLE CAUSE l!llilli.:.
If
petition is--tiled ~or- fourteen day
involuntary treatment, the court shall
hold
a probable cause hearing within
seventy-two hours of the initial detention
of such person.
If requested by the
detained person or his attorney,
the
hearing may be postponed for a period not
to exceed twenty-four hours.
At the conclusion of the probable cause
hea~ing, if the court finds by
a preponderance of the evidence that such person,
as the result of mental disorder, presents
a likelihood of serious harm to others or
himself, or is gravely disabled, and,
after considering less restrictive alternatives to involuntary
detention
and
treatment, finds that no such alternatives
are in the best interests of such person
or others, the court shall order that such
person be detained for involuntary treatment not to exceed fourteen days in a
facility certified to provide treatment by
the department of social and health services. If the court finds that such person,
as
the result of a mental disorder,
presents a likelihood of serious harm to
others or himself, or is gravely disabled,
but that treatment in a less restrictive
setting than detention is in the best
interest of such person or others, the
court shall order an appropriate less
restrictive course of treatment for not to
exceed fourteen days.
The court shall specifically state to
such person and give such person notice in
writing that if involuntary
treatment
beyond the fourteen day period is to be
sought, such person will have the right to
a full hearing or jury trial as required
by RCW 71.05.310 and that if such person
requests release from the evaluation and
treatment facility during the fourteen day
period he will be brought before a court
pursuant to RCW 71.05.480.
[1973 1st
ex.s. c 142 § 29.)
a
71.05.250
PROBABLE CAUSE HEARING--DETAINED PERSON'S RIGHT~.:.-At theprobable
cause-hearinq~he detained person shall
have the following rights in addition to
the rights previously specified:
(1) To presen~ evidence on his behalf;
(2) To cross-examine witnesses who testify against him;
(3) To be proceeded against by the
rules of evidence;
(4)
To remain silent;
To view and copy all petitions and
reports in the court file.
[ 1973 1st
ex.s. c 142 § 30.]
(5)
71.05.260
RELEAS&:::~!£~TION.
(1)
Involuntary treatment shall be for no more
than fourteen days, and shall terminate
sooner when, in the opinion of the profes·
sional person in charge of the facility or
his professional designee, (a) the person
no longer constitutes a likelihood of
serious harm to himself or others, or (b)
no longer is gravely disabled, or {ct
is
prepared to accept voluntary treatment
upon referral, or (d) is to remain in the
facility providing intensive treatment on
a voluntary basis.
(2)
A person who has been detained for
fourteen days of intensive treatment shall
be released at the end of the fourteen
days unless one of the following applies:
(a) Such person agrees to receive further
treatment on a voluntary basis; or (b)
such person is a patient to whom RCW
71.05.280 is applicable. [1973 1st ex.s.
c 142 § 31.]
71.05.270
TEMPQBARY g~~
Nothing
in this chapter shall prohibit the professional perRon in charge of a treatment
facility, or his professional designee,
from permitting a person detained for
intensive treatment to leave the facility
for prescribed periods during the term of
the person's detention, under such conditions as may be appropriate.
[1973 1st
ex.s. c 142 § 32.]
71.05.280
!QDITIQMAL
fQ!liNEMEN!==
At the expiration of
the
fourteen day period of intensive
treatment, a person may be confined for
further treatment pursuant ts RCW 71.05.320 for an additional period, not to
exceed ninety days if:
(1)
Such person has threatened, attempted, or inflicted physical harm upon
the person of another after having been
taken into custody for evaluation and
treatment, and, as a result of mental
disorder presents a likelihood of serious
harm; or
(2) Such person was taken into custody
as a result of conduct in which
he
attempted or inflicted physical harm upon
the person of another, and continues to
present, as a result of mental disorder, a
likelihood of serious harm.
For the purposes of this chapter "custody~ shall mean involuntary detention.under
the provisions of this chapter, u~l~terÂ
rupted by any period of uncond1t1onal
release from a facility providing involuntary care and treatment. [1973 1st ex.s.
c 142 § 33.)
2BQQHQ~==]QR!!IQ~
( 668 J
I'IENTAL ILLNESS
71.05.320
--------------------------------------------------------------------------------------judicial days of the filing of the petition for ninety day treatment. The court
may continue the hearing upon the written
request of the person named in the petition or his attorney,
which continuance
shall not exceed ten additional judicial
days. The burden of proof shall be by
clear, cogent, and convincing evidence and
shall be upon the petitioning facility.
The
person shall be present at such
proceeding, which shall in all respects
accord with the constitutional guarantees
of due process of law and the rules of
evidence.
During the proceeding, the person named
in the petition shall continue to be
treated until released by order of the
superior court. If no orde~ has been made
within thirty days after the filing of the
petition, not including extensions of time
requested by the detained person or his
attorney, the detained person shall be
released. ( 1973 1st ex. s. c 142 § 36.]
71.05.290
PETITION--AFFIDAVIT. At any
time during a personts~~~en-day intensive treatment period,
the professional
person in charge of a treatment facility
or his profes~ional designee may petition
the superior court for an order requiring
such person to undergo an
additional
period of treatment. such petition must
be based on one or more of the grounds set
forth in RCW 71.05.280. The petition shall
summarize the facts which support the need
for
further confinement and shall be
supported by affidavits signed by two
examining physicians, or by one examining
physician and examining licensed psychologist unless one of these persons is not
reasonably available, in which case anoth~
er mental health professional who participated in the examination may sign such
affidavits. The affidavits shall describe
in detail the behavior of the detained
person which supports the petition and
shall explain what, if any, less restrictive treatments which are alternatives to
detention are available to such person.
[1973 1st ex.s. c 142 § 34.]
71.05.320
Q£:
71.05.310
TII'IE FOR HEARING--DUE PROCESS-JU,R.! I.RIA~CONUNUATIQ!i--QfiREAT=
MENT.
The court shall conduct a heating
on the petition for ninety day
treatment
within four judicial days of the first
court appearance after the probable ~ause
hearing unless the person named in the
petition requests a jury trial,
in which
case
trial shall commence within ten
197 3 RCW SUPP.
[
r£t'he
court or jury finds that the person named
in the petition (a)
has thr~atened, attempted, or actually inflicted physical
harm upon the person of another after
having been taken into custody for evaluation and treatment, and as a result of
mental
disorder,
presents an imminent
threat of serious physical harm to others,
and that the best interests of the person
or others will not be served by a less
restrictive treatment which is an alternative to detention; or (b)
was taken into
custody as a result of attempting to
inflict or inflicting physical harm upon
the person of another, and as a result of
mental disorder presents
an
imminent
threat of serious physical harm to others,
and that the best interests of the person
or others will not be served by a less
restrictive treatment which is an alternative to detention, the court shall remand
him to the custody of the department of
social and health services or to a facility certified for ninety day treatment by
the department of social and health services for a further period of intensive
treatment not to exceed ninety days from
the date of judgment.
If the court or jury finds that the
respondent has committed acts
falling
within either subsection (1) (~ or (b) of
this section,
but finds that treatment
less restrictive than detention will be in
the best interest of the pers~n or others,
then the court shall remand him to the
custody of the department of social and
health services or to a facility certified
f.or ninety day treatment by the department
of
social and health services for a
further period of less restrictive treatment not to exceed ninety days from the
date of judgment.
(2)
Said person shall be released from
involuntary treatment at the expiration of
ninety days unless the superintendent or
1J1ING Ql
PETITION--SERVBIGH±-2.:.
!"Petitionior
ninety day treatment shall be flied with
the clerk of the superior court. At the
time of filing such petition, the clerk
shall set a time for the person to come
before the court on the next judicial day
after the day of filing, and shall notify
the prosecuting attorney.
The
person
filing
the petition shall immediately
notify the person detained, his attorney,
i f any,
and his guardian or conservator,
it any, and provide a c~py of the petition
to such persons.
At the time set for appearance the detained person shall be brought before the
court and the court shall advise him of
his right to be represented by an attorney
and of his right to a jury trial. If the
detained person is not represented by an
attorney, or is indigent or is unwilling
to retain an attorney, the court shall
immediately appoint an attorney to represent him. The court shall~ if requested,
appoint a reasonably available licensed
physician,
psychologist, or psychiatrist,
designated by the detained person
to
examine and testify on behalf of the
detained person. The court shall also set
a date for a full hearing on the petition
as provided in RCW 71.05.310.
[1973 1st
ex.s. c 142 § 35.]
71.05.300
ICE=!DVJ;~~
REMAND FOR ADDITIONAL TREAT-
,MNT-DURATlQN::NEJ! PETITro'N;-!1f-
669
1
71.05.320
MENTAL ILLNESS AND INEBRIACY
------------------------------------------------------------p~ofessional
person in charge of
the
facility in which he is confined files a
new petition for involuntary treatment on
the grounds that the committed person has
attempted or actually inflicted physical
harm on another during his period of
involuntary treatment, and he is a person
who, by reason of mental disorder, presents a liKelihood of serious harm, and
that the best interests of the person or
others will not be served by a less
restrictive treatment which is an alternative to detention. Such new petition for
involuntary treatment shall be filed and
heard either in the superior court of the
county of the facility which is filing the
new petition for involuntary treatment or
in
the superior court of the county
wherein the original petition for involuntary treatment was filed. The cost of the
proceedings shall be borne by the county
wherein the original petition for involuntary treatment was filed, when such proceedings are had in a county other than
the county wherein the petition for involuntary treatment was filed and arrangements shall be made and agreements reached
between involved counties for billing and
payment
arrangements
to
meet
said
responsibility.
The hearing shall be held as provided in
RCW 71.05.31C, and if the court or jury
finds that the grounds for additional
confinement as set forth in this subsection are present, the court may order the
committed person returned for an additional period of treatment not to exceed one
hundred eighty days from the date of
judgment. At the end of the one hundred
eighty
day period of commitment, the
committed person shall be released unless
a petition for another one hundred eighty
day period of continued treatment is filed
and heard in the same manner as provided
herein above.
successive one
hundred
eight! day commitments are permissible on
the same grounds and pursuant to the same
procedures as the original one hundred
eighty day commitment. No person committed
as herein provided may be detained unless
a valid order of commitment is in effect.
No order of commitment can exceed one
hundred eighty days in length. [ 1973 1st
ex. s. c 142 § 37. ]
prior to the expiration of ninety days,
the superintendent or professional person
in charge shall in writing notify the
court
which committed the person for
treatment. (1973 1st ex.s. c 142 § 38.]
71.05.340
QQ!f!IIEN! £ARE--CORQI!!QNAL
RE1EA~E-PR~E~O~ES
~
REVOC!!l.Q!.:.
(1)
When 1n the op~n1on of the superintendent
or the professional person in charge of
the hospital or facility providing involuntary treatment, the committed person can
be appropriately served by outpatient care
prior to the expiration of the period of
commitment, then such outpatient care may
be required as a condition for early
release for a period which, when added to
the inpatient treatment period, shall not
exceed the period of commitment.
If the
hospital or facility designated to provide
outpatient care is other than the facility
providing involuntary treatment, the outpatient facility so designated must agree
in writing to assume such responsibility.
(2) The hospital or facility designated
to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in
the best interest of the person.
(3) If the hospital or facility designated to provide outpatient care or the
secretary determines that a conditionally
released person is failing to adhere to
the terms and conditions of his release,
and because of that failure has become a
substantial danger to himself or other
persons, then, upon notification by the
hospital or facility designated to provide
outpatient care, or on his own motion, the
secretary may order that the conditionally
released person be apprehended and taken
into custody and temporarily detained in
an evaluation and treatment facility in or
near the county in which he is receiving
outpatient t~eatment until such time, not
exceeding five days, as a hearing can be
scheduled to determine whether or not the
person should be returned to the hospital
or facility from which he had been conditionally
released.
The secretary may
modify or rescind such order at any time
prior to commencement of the court hearing. The court shall be notified before
the close of the next judicial day of a
person's detention under the provisions of
this section, and the secretary shall file
his petition and order of apprehension and
detention with the court and serve them
upon the person detained, his attorney, ~f
any, and his guardian or conservator, ~f
any. Such person shall ha!e the ~ame
rights with respect to not~ce, hear~ng,
and counsel as for an involuntary treatment proceeding, except as specifically
set forth in this section and except that
there shall be no right to jury trial.
The issues to be determined shall be
whether the conditionally released person
did or did not adhere to the terms and
conditions of his release; and, if he
71.05.330
EARLY
REb~ASE==!Q!ICli
!Q
Nothing--rn this chapter shall
prohibit the superintendent or professional person in charge of the hospital or
facility in which the person is being
involuntarily treated from releasing him
prior to the expiration of the commitment
period when, in ~he opinion of the superintendent or
professional
person
in
charge, the person being involuntarily
treated no longer presents a likelihood of
serious harm to others.
Whenever the superintendent or professional person in charge of a hospital or
facility providing involuntary treatment
pursuant to this chapter releases a person
~OU£!~
[
------------------
670
MENTAL ILLNESS
71.05. 380
--------------------------------------------------------------------------------------failed to adhere to such terms and conditions,
(a) whether he is likely to injure
himself or other persons if not returned
for involuntary treatment on an inpatient
basis, or (b) w4ether the conditions of
release should be modified. Pursuant to
the deter~ination of the court upon such
hearing, the conditionally released person
shall either continue to be conditionally
released on the same or modified conditions or shall be returned for involuntary
treatment on an inpatient basis subject to
release at the end of the period for which
he was committed for involuntary treatment, or otherwise in accordance with the
provisions of this chapter. Such hearing
may be waived by the person and his
counsel and his guardian or conservator,
if any, but shall not be waivable unless
all such persons agree to waive, and upon
such waiver the person may be returned for
involuntary
treatment or continued on
conditional release on the same or modified conditions.
(4)
The proceedings set forth in subsection (3) of this section may be initiated by the secretary on the same basis
set forth therein without the secretary
requiring or ordering the apprehension and
detention of the conditionally released
person, in which case the court hearing
shall take place ir- not less than fifteen
days from the date of service of the
petition upon the conditionally released
person.
Upon expiration of the period of commitment, or when the person is released from
outpatient care, notice in writing to the
court which committed the person
for
treatment shall be provided.
(1973 1st
ex.s. c 142 § 39.]
71.05.350
!~SISTABf]
IQ REb~ASEQ E]B=
No indigent patient shall be conditionally
released
or discharged from
involuntary treatment without
suitable
clothing, and the superintendent of a
state hospital shall furnish the same,
together with such sum of money as he
shall deem necessary for the immediate
welfare of the patient. Such sum of money
shall be the same as the amount required
by RCW 72.02.100 to be provided to persons
in need being released from correctional
institutions. As funds are available, the
secretary may provide payment to indigent
persons conditionally released pursuant to
this chapter consistent with the optional
provisions of RCW 72.02.100 and 72.02.110,
and may adopt rules and regulations to do
so. (1973 1st ex.s. c 142 § 40.]
SOB~~
71.05.360
I.lll!ID2
~~HT~
~.!!§.:.
QI
l!!Q1Q!TARI~!
~=
Every person involuntarily detained, certified, or committed
under the provisions of this chapter shall
be entitled to all the rights set forth in
this chapter and shall retain all rights
not denied him under this chapter and
1973 RCW SUPP.
( 1)
[ 671
which follow from such denial by necessary
implication.
(2}
Each person involuntarily detained,
certified, or committed pursuant to this
chapter shall have the right to adequate
care and individualized treatment. [1973
1st ex.s. c 142 § 41.)
71.05.370
Big~~PO~Il!~
Qf
LIS!,:.
Insofar as imminent danger to the individual or others is not created, each person
involuntarily detained, certified, or committed for treatment and evaluation pursuant to this chapter shall
have,
in
addition to other rights not specifically
withheld by law, the following rights, a
list of which shall be prominently posted
in all facilities, institutions, and hospitals providing such services:
(1)
To wear his own clothes and to keep
and use his own personal possessions,
except when deprivation of same is essential to protect the safety of the resident
or other persons;
(2)
To keep and be allowed to spend a
reasonable sum of his own money
for
canteen expenses and small purchases;
(3)
To have access to individual storage space for his private use;
reasonable
(4)
To have visitors at
times;
(5) To have reasonable access to a
telephone, both to make and receive confidential calls;
(6)
To have ready access to letter
writing materials, including stamps, and
to send and receive uncensored correspondence through the mails;
(7)
Not to consent to the performance
of shock treatment or surgery,
except
emergency life-saving surgery, upon him,
and not to have shock treatment or nonemergency
surgery in such circumstance
unless ordered by a court pursuant to a
judicial hearing in w-hich the person is
present and represented by counsel, and
the court shall appoint a psychiatrist,
psychologist, or physician designated. by
such person or his counsel to testify on
behalf of such person;
(8)
To dispose of property and sign
contracts unless such person has been
adjudicated an incompetent in a court
proceeding directed to that particular
issue;
{9)
Not to have a lobotomy performed on
him under any circumstances. [1973 1st
ex.s. c 142 § 42.]
71.05.380
RIGHTS OF JQ1UNTABI1! fQ~=
MIIIliQ PEB~QBS.----All-persons voluntarily
entering or rema~n:..ng ~n any facility,
institution, or hospital providing evaluation and treatment for mental disorder
shall have no less than all rights secured
tv involuntarily detained persons by RCW
71.05.360 and 71.05.370. (1973 1st ex.s.
c142§43.]
J
71.05.390
MENTAL ILLNESS AND INEBRIACY
------------------------------------------------71.05.390
£Q!!FIDE-NTil1ll£:Ql!rniQ] .!!H~
RECORDS--DISCLOSURE.
The fact of admission--aid--a!I--rnformation and
records
compiled, obtained, or maintained in the
course of providing services to either
voluntary or involuntary recipients of
services at public or private agencies
shall be confidential.
Information and records may be disclosed
only:
(1)
In communications between qualified
professional persons in the provision of
services or appropriate referrals, or in
the course of guardianship proceedings.
The consent of the patient, or his guard~
ian, mus~ be obtained before information
or records may be disclosed by a professional person employed by a facility to a
professional person, not employed by the
facility, who does not have the medical
responsibility for the patient•s care;
(2) When the person receiving services,
or his guardian, designates persons to
whom information or records may be released, or if the person is a minor,
when
his parents make such designation;
(3)
To the extent necessary for a recipient to make a claim, or for a claim to
be made on behalf of a recipient for aid,
insurance, or medical assistance to which
he may be entitled;
(4)
For program evaluation and/or research:
PROVIDED, That the secretary of
social and health services adopts rules
for the conduct of such evaluation and;or
research.
such rules shall include, but
need not be limited to, the requirement
that all evaluators and researchers must
sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation
or research concerning persons who have
received services from (fill in the facility, agency, or person) I, ----------'
agree not to divulge, publish, or otherwise make known to unauthorized persons or
the public any information obtained in the
course of such evaluation or research
regarding persons who have received services such that the person who received
such services is identifiable.
I recognize that unauthorized release of
confidential information may subject me to
civil liability under the provisions of
state law.
/S/
-------
"
(5)
To the courts as necessary to the
administration this chapter.
The fact of admission, as well as all
records, files, evidence, findings, or
orders made, prepared, collected, or maintained pursuant to this chapter shall not
be admissible as evidence in any civil or
criminal proceeding without the written
consent of the person who was the subject
of the proceeding. The records and files
maintained in any court proceeding pursuant to this chapter shall be confidential
and available only to the person who was
[ 672
the subject of the proceeding or his
attorney.
In addition, the court may
order the release or use of such records
or files only upon good cause shown if the
court finds that appropriate safeguards
for strict confidentiality are and will be
maintained. [1973 1st ex.s. c 142 § 44.]
71. 05.400
PA!!EN~2
~LEAS~
AT!ORNEL.
ET~--NOTIFICATION
Qf
I.NFORM!TIQ!i
~UARDIANL
!Q
lll1UL.
OF fATIENT 1 S ~EA!~ A
public or private agency shall release to
a patient's attorney, his guardian, or
conservator, if any, or a member of the
patient's family the information that the
person is presently a patient in the
facility or that the person is seriously
physically ill, if the professional person
in charge of the facility determines that
the release of such information is in the
best interest of the person. Upon the
death of. a patient, his guardian
or
conservator, if any~ and a member of his
family ~hall be notified. [1973 2nd ex.s.
c 24 § 6; 1973 1st ex.s. c 142 § '45.]
71.05.410
NOTICE OF DISAPPEARANCE OF
When--a-patient.w?Uld oth;rvise
be sttbject to the prov~s~ons of
RCW
71.05.390 and disclosure is necessary for
the protection of the patient or others
due to his unauthoriz·ed disappearance from
the facility,
and his whereabouts
is
unknown, notice of such disappearance,
along with relevant information, may be
made to relatives and governmental lav
enforcement agencies designated by the
physician in charge of the patient or the
professional person in charge of
the
facility, or his professional designee.
[1973 2nd ex.s. c 24 § 1; 1973 1st ex.s. c
142 § 46. ]
PAX~!~
71.05.420
RECORDS OF DISCLOSURE. When
any disclosure- of~nfOrm~ion-or-records
is made as authorized by RCW 71.05.390
through 71.05.410, the physician in charge
of the patient or the professional person
in charge of the facility shall promptly
cause to be entered into the patient•s
medical record the date and circumstances
under which said disclosure was made, the
names and relationships to the patient, if
any, of the persons or agencies to whom
such disclosure was made, and the inform ation disclosed. [1973 1st ex.s. c 142 §
47.)
71.05.430
STATISTICAL DATA.
Nothing
in this chaptershall- beconstrued to
prohibit the compilation and publication
of statistical data for use by go~ernment
or researchers under standards, including
standards to assure maintenance of confidentiality, set forth by the secretary of
the department of social and health services. [ 1973 1st ex. s. c 142 § 48. ]
J
71.05. 510
MENTAL ILLNESS
--------------------------------------------------------------------------------------71.05.440
ACTJQ! !Q~ UNAYifig~l!EQ
~E-
Qf COlfiDE~!1!1 JNfOR~!I1Q~=--1IQUI=
DATED llAMA.!ili§=TR~!U:!~ QtlA@~==l!!llli!ION.!.
1]!SE
Any- person
may bring an action against an
individual who has wilfully and knowingly
released confidential information or records concerning him in violation of the
provisions
of
this chapter, fot the
greater of the following amounts:
(1) One thousand dollars; or
(2) Three times the amount of actual
damages sustained,
if any. It shall not
be a prerequisite to recovery under this
section that the plaintiff shall have
suffered or be threatened with special, as
contrasted with general, damages.
Any person may bring an action to enjoin
the release of confidential information or
records concerning him or his ward, in
violation of the provisions of this chapter, and may in the same action seek
damages as provided in this section.
The court may award to the plaintiff,
should he prevail in an action authorized
by this section, reasonable attorney fees
in addition to those otherwise provided by
lav. [ 1973 1st ex.s. c 142 § 49.)
71.05.450
~QttPEIENCJ==~ffECT
aTATE=
OF WASHINGTO] LA!.!. Competency shall
not be determined or withdrawn by operation of, or under the provisions of this
chapter.
No person shall be presumed
incompetent or lose any civil rights as a
consequence of receiving evaluation or
treatment for mental disorder,
either
voluntarily or involuntarily, or certification or commitment pursuant to this
chapter or any prior laws of this state
dealing with mental illness. Any person
who leaves a public or private agency
following evaluation or treatment
for
mental disorder shall be given a written
statement setting forth the substance of
this section.
(1973 1st ex.s. c 142 §
~ENI
of which examination may be used in the
proceeding.
The person shall, if he is
financially able, bear the cost of such
expert information, otherwise such expert
examination shall be at public expense.
[1973 1st ex.s. c 142 § 52.]
71. 05.480
REQYl2! FO~ ,Ub~ASE-=!iQllih
Any staff person of a facility for evalua•
tion and treatment to whom an objection to
detention or a request for release is
made, shall promptly provide the person
making the request with a copy of the form
provided for hereinafter in this section,
help him to fill out the form, and deliver
the completed form to the professional
person in charge of the facility, or his
professional designee.
Not later than the
next judicial day the professional person
in charge of the facility, or his designee, shall file with the clerk of the
superior court the request for release.
Not later ~han two days after filing such
request, the facility shall notify the
clerk as to whether or not such person has
been released.
If no notice is received
or the person has not been released, the
clerk shall notify a judge of the superior
court who shall immediately appoint an
attorney to represent the person who has
requested release.
A form for a request
for release shall be provided in accordance with rules and regulations adopted
by the secretary. [1973 1st ex.s. c 142 §
53. ]
71.05.490
PRESENT BIGH!a.!. Nothing in
this
chapter--shall prohibit a person
committed on or prior to January 1, 19?4
from exercising a right available to him
at or prior to January 1, 1974
for
obtaining release from confinement. (1973
1st ex.s. c 142 §54.)
so. ]
71.05.460
~IGYI
TO COUNSEL.
Every
person involuntarily detained-shall 1mmediately be informed of his right to a
hearing to review the legality of his
detention and of his right to counsel, by
the professional person in charge of the
facility providing evaluation and treatment, or his designee, and, when appropriate, by the court.
If the person so
elects, the court shall immediately appoint an attorney to assist him. [1973
1st ex. s • c 1 4 2 § 5 1. ]
71.05.470
~lQ[I
TO EXAMINATION.
A
person challenging his--detentiOn--or- his
attorney, shall have the right to designate and have the court appoint a ·reasonably available independent physician or
licensed mental health professional to
examine the person detained, the results
197 3 RCW SUPP.
71.05.500
LIABILITY OF APPLICANT. Any
person making
filingapplication
alleging that a person should be involuntarily detained, certified,
committed,
treated, or evaluated pursuant to this
chapter shall not be rendered civilly or
criminally liable where the making and
fili_ng of such application was in good
faith.
(1973 1st ex.s. c 142 §55.]
-or
an-
71.05.510
DAMAGES FOR EXCESSIVE DETEN!!ON.!.
Any indiVIdual--who negligently;
knowingly, or wilfully, in violation of
the provisions of this chapter, detains a
person for more than the allowable number
of days shall be liable to the person
detained in civil damages. It shall not
be
a prerequisite to an action under this
section that the plaintiff shall have
suffered or be threatened with special, as
contra~ted with
general damages.
[1973
1st ex.s. c 142 §56.]
( 673 ]
~ENTAL
71.05.520
ILLNESS AND INEBRIACY
--------------------------------------------------------------------------------------71,05.520
PROTECTION OF RIGHTS--STAFF.
The department-at-social-ana-health ;e~
ices shall have the responsibility to
determine whether all rights of individuals recognized and guaranteed by
the
provisions of this chapter and the Constitutions of the state of washington and the
Onited S.tates are in fact protected and
effectively secured.
To this end, t~e
department shall assign appropriate staff
who shall from time to time as may be
necessary have authority to examine records, inspect facilities, attend proceedings, and do whatever is necessary to
monitor, evaluate, and assure adherence to
such rights.
such persons shall also
recommend such additional safeguards or
procedures as may be appropriate to secure
individual rights set forth in this chapter and as guaranteed by the state and
federal Constitutions. [1973 1st ex.s. c
142 § 57. ]
71.05.530
l!ID!2!U
Ij&ILITJ~§
g!R!
QK
~Q~=
HEA1TH tlQ.2lllt:. Evaluation
and treatment facilities authorized pursuant to this chapter may be part of the
comprehensive community
mental
health
services program conducted in counties
pursuant to the Community Mental Health
services Act, chapter ,71.24 RCW, and may
r~ceive funding pursuant to the provisions
thereof.
[1973 1st ex.s. c 142 §58.)
11~!!.1
lQE RQ!bl~ ! ] ]
!Ell!11~.!fl
FAflli=
Elli2£E.!llill~§=R.£;NA.1TIES..:.
71.05.540
§l!NDAR~2
gl!I.!.ATE llAJ.,UAT.I.QJ! !1!12
.Illh
~J!FOgEMEU
(1)
The department shall establish standards to be met by a public or private
facility to be certified as an evaluation
and treatment facility, and shall fix the
fees to be paid by such facility to the
department for the required inspections.
(~)
The department shall periodically
inspect certified evaluation and treatment
facilities at reasonable times and in a
reasonable manner.
(3)· The department shall maintain an
updated list of certified evaluation and
treatment facilities.
(4)
Each
certified
evaluation
and
treatment facility shall file
with the
d~partment, on request, such data, statistics, schedules, and information as the
department reasonably requires. A certified evaluation and treatment facility
which,
without good cause, fails to furnish any data, statistics, schedules, or
information as requested, or files fraudulent reports thereof, may be removed from
the
list of certified evaluatioL and
treatment facilities and its certification
revoked or suspended.
(5)
The department may suspend, revoke,
limit, or restrict a certification, or
refuse to grant a certification for failure to conform to the law, applicable
rules and regulations,
or
applicable
standards.
(6)
~he superior court may restrain any
evaluat1on and treatment facility from
operating without certification or any
other violation of this section.
The
court may also review, pursuant to procedur~s
contained in chapter 34.04 RCW, any
den~al, suspension,
limitation, restriction, o~ revocation of certification, and
grant other relief required to enforce the
provisions of this chapter.
(7) Upon petition by the department,
and after hearing held upon reasonable
notice to the facility. the superior court
may issue a warrant to an officer or
employee of the department autho~izing him
to enter at reasonable times, and examine
the -records, books, and accounts of any
public or Frivate evaluation and treatment
facility refusing to consent to inspection
or examination by the department.
(8)
The standards for certification of
evaluation and treatment facilities shall
include standards relating to maintenance
of good physical and mental health and
other services to be afforded persons
pursuant to this chapter, and shall otherwise assure the effectuation of the purposes and intent of this chapter. [1973
1st. ex.s. c 142 §59.]
71.05.550
RECOGNITION OF COUNTY FINANCIAl NECESSITIES~~he-d~pirti~;t--of--so:
cial and health services, in planning and
providing funding to counties pursuant to
chapter 71.24 RCW, shall recognize the
financial necessities imposed upon counties by implementation of this chapter.and
shall consider needs, if any, for addi•
tional community mental health services
and facilities and reduction in commitments to state hospitals for the mentally
i l l accomplished by individual counti~s,
in planning and providing such funding.
The state shall provide financial assistance
to the counties to enable the
counties to meet all increased costs, if
any, to the counties resulting from their
administration of the provisions of *this
1973 amendatory act.
(1973 1st ex.s. c
142 § 60.]
*Reviser's note:
"this 1973
amendatory
act«--consists-o~this chapter, amendments
to RCW 71.12.560, 71.12.570, 72.23.01C,
72,23.070 and 72.23.100 by 1973 1st ex.s.
c 142, and to the repeal of RCW 71.02.01071.02.300, 71.02.450, 71.02.650, 71.03.010-71.03.900, 71.12.580, 72.01.390, 72.01.400, 72.08.110, 72.23.140, 72.23.150,
72.23.220, 72.23.270 and 72.25.040.
71.05.560
ADOP!ION OF EQb]§ !!Q ~Q~=
The department of social and
health services shall adopt such rules and
regulations as may be necessary to effe~Â
tuate the intent and purposes of th~s
chapter, which shall include but not be
limited to evaluation of the quality of
the program and facilities operating pur·
suant to this chapter, evaluation of the
1A!IQH~
[ 674 ]
71.12.580
PRIVATE ESTABLISHMENTS
--------------------------------------------------------------------------------------effectiveness and cost effectiveness of
such p~ograms and facilities, and procedures and standards for certification and
other action relevant to evaluation and
treatment facilities.
(1973 1st ex.s. c
142 § 61. ]
?1.05.570
RULES Qr cou~ The supreme
court of the state of Washington shall
adopt such rules as it shall deem necessary with respect to the court procedures
and proceedings provided for by
this
chapter. ( 1973 1st ex. s. c 142 § 62.]
?1.05.900
SEVERABILITY--1973 1ST EX.S.
~ ~b.
I f iny- provision of *this1973
amendatory act, or its application to any
person or circumstance is held invalid,
the remainder of this act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st
ex.s. c 142 § 63.)
!Revi~,£!2 ~l
"this 1973 amendatory
act", seQ note following RCW 71.05.550.
71.05.910
CONSTRUCTION.
Sections 6
through 63 of *thrs--1973--amendatory act
shall constitute a new chapter in Title 71
RCW, and shall be considered the successor
to those sections of chapter 71.02 RCW
repealed by *this 1973 amendatory act.
[1973 1st ex.s. c 142 § 64.]
Chapter 71.12
PRIVATE ESTABLISHMENTS
71.12.560
V01QNT!li! PATIENTS--REPORT~
The
person in charge
institution, hospital, or sanitarium which
is conducted for, or includes a department
or ward conducted for, the care
and
treatment of persons who are ment~lly ill
or deranged may receive therein as a
voluntary patient any person suffering
from mental illness or derangement who is
a suitable person for care and treatment
in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in
charge
for
admission into the institution, hospital
or sanitarium, and who is at the time of
making the application mentally competent
to make the application.
Upon the admission of a voluntary patient to a priva~e
institution, hospital, or sanitarium, the
person in charge shall immediately forward
to the office of the department of social
and
health services a record of the
voluntary patient showing the name, residence, age, sex, place of birth, occupation, marital status, date of admission to
the institution, hospital, or sanitarium,
and such other information as may be
required by rule of the department of
social and health services.
[1973 1st
ex.s. c 142 § 1; 1959 c 25 § 71.12.560.
Prior:
1949 c 198 § 65; Rem. Supp. 1949 §
6953-64.]
-of--any--private
!Revi~r's note1.
"this 1973 amendatory
act", see note following RCW 71.05.550.
2!fTION liEAQINGS !QI g!BI QX
Section headings as used in
sections
6 through 63 of *this 1973
amendatory act shall not constitute any
part of law. ( 1973 1st ex.s. c 142 § 65.]
71.05.920
IHE
1!!~
,!Revi~r's note..:.
"this 1973 amendatory
act", see note following RCW 71.05.550.
71.05.930
~FF~TIVE
MI~973
1.2!
EX.S. c 142. *This 1973 amendatory act
shall -tak~- effect on January 1, 1974.
[1973 1st ex.s. c 142 § 67.]
!l!SlVi§~~ l!Qte:
"This 1973 amendatory
act", see note following RCW 71.05.550.
Chapter 71. 08
INTOXICATION AND DRUNKARDS
71.12.570
COMMUNICATIONS BY PATIENTS-llill!Ih
No personin-an-estai>lishmeiit-as
defined in this chapter shall be restrained from sending written communications of the fact of his detention in such
establishment to a friend, relative, or
other person. The physician in charge of
such person and the person in charge of
such establishment shall send each such
communication to the person to whom it is
addressed. All persons in an establishment
as defined by chapter 71.12 RCW shall have
no less than all rights secured to involuntarily detained persons by RCW 71.05.360
and 71.05.370 and to voluntarily admitted
or
committed persons pursuant to RCW
71.05.050 and 71.05.380. [1973 1st ex.s.
c 142 § 2; 1959 c 25 § 71.12.570.
Prior:
1949 c 198 § 66; Rem. Supp. 1949 § 695365.]
71.08.010 through 71.08.090
Bgyi§g£~ ~gte:
The effective date of
the repeal of these sections by chapter
122, Laws of 1972 ex. sess. has been
changed to January 1, 1975.
See note
following RCW 70.96A.010.
197 3 RCW SUPP.
[
!~
IQ
~ENTAL
PATIENT--REPRESENTATION Qr
PATIEN!=-EXAnlNAIIQH~
[ 1959 c 25 § 71.12.580. Prior:
1949 c 198 § 67; Rem. Supp.
71.12.580
CO!DITIO! OF
675 ]
£liQ£EEQJ!Q~
71.12.580
~ENTAL
ILLNESS AND INEBRIACY
-------------------------------------------------------------------1949 § 6953-66.)
66.
Repealed by 1973 c 142 §
Chapter 71.20
STATE AND LOCAL SERVICES FOR MENTALLY RETARDED PERSONS
71.20.110
!AX 1]!! ~~I~D--ALLOCA=
Il.Ql! .Ql fJL@§ FOR £:~.!21;!1!1 l!!IQ!ING .K!lliQ.§
gygg~~
In order to provide additional
funds for the coordination of community
mental retardation services and to provide
community mental retardation or mental
health
services, the board of county
commissioners of each county in the state
shall budget and levy. annually a tax in a
sum equal to the amount which would be
raised by a levy of two and one-half cents
per thousand dollars of assessed value
against the taxable property in the county
to be used for such purposes:
PROVIDED,
That all or part of the funds collected
from the tax levied for the purposes of
this section may be transferred to the
state of Washington, department of social
and health services, for the purpose of
obtaining federal matching funds to provide and coordinate community mental retardation and mental health services.
In
the event a county elects to transfer such
tax funds to the state for this purpose,
the state shall grant these moneys and the
additional funds received as
matching
funds to service-providing community agencies in the county which has made such
transfer, pursuant to the plan approved by
the county, as provided by chapters 71.16,
71.20, 71.24, and 71.28 RCW.
[1973 1st
ex.s. c 195 § 85; 1971 ex.s.
c
84 § 1;
197 0 ex. s.
c 4 7 § 8; 1967 ex. s. c 110 §
16. )
personnel to schools, courts, health agencies, welfare agencies, probation departments and other appropriate public or
private agencies or groups.
(5)
Consultant services to public or
private agencies for the promotion and
coordination of services that preserve
mental health and for the early recognition and management of conditions that
might develop into psychiatric illnesses.
(6)
Inpatient
or
outpatient
care,
treatment or rehabilitation services of
persons using controlled substances in
violation of chapter 69.50 RCW.
(7)
such services as are set forth in
subsection (4) which pertain to the education and information about and prevention
of problems of drug abuse.
such inservice training as may be necessary in providing any of the foregoing
services shall be proper items of expenditure in connection therewith. (1973 1st
ex.s. c 155 § 5; 1972 ex.s. c 122 § 30:
1971 ex.s.
c 304 § 1; 1961 ex.s. c 111 §
3. J
~ffett!!~ S.ate:::::J.272 ~L..h £
note following RCW
ch~l~£
2bQ1
72.01.390
72.01.400
72.05.154
72.08.110
72.08.170
72. 19.080
1
!dminislr.s!ion.:..
Transfer of juvenile from correctional institution to state
hospital.
Transfer of juvenile from correctional institution to state
hospital--Terms defined.
72.LQ2
72.05.152
[ 676
See
Sections added, amended, or repealed:
ice§~
71.24.030
GRANTS IQ fQMll!!~~-:£RQQ]!~.§
Alm
gn:gg.§=.!l!.§ID!VIg TR!!!i!NG~
The
secretary is authorized, pursuant to the
provisions of this chapter and the rules
and regulations promulgated to effectuate
its purposes, to make grants to assist
counties or combinations of counties in
the establishment and operation of community mental health programs to provide one
or more of the following services:
(1)
Outpatient diagnostic and treatment
services.
(2)
Inpatient psychiatric services.
(3)
Rehabilitation
services for patients with psychiatric illnesses.
(4)
Informational services to the general public and educational services furnished
by
qualified
mental
health
11.£t
TITLE 72
STATE INSTITUTIONS
fhiu~t§lr
Chapter 71.24
COMMUNITY MENTAL HEALTH SERVICES ACT
70~96A.010.
£hi.1Qgn ,g.n.Q !2.!!.:th ~~n.:
Juvenile forest camps--Industrial insurance benefits prohibited--Exceptions.
Juvenile forest camps--Industrial insurance--Eligibility
for benefits--Exceptions.
Procedure as to insane
convicts.
Rewards.
General obligation bond issue
to provide buildings--Proceeds
from bond sale, grants, donations, etc.--Deposit in juvenile correctional institution
building construction account.
Ch. 72.04A
PROBATION AND PAROLE
--------------------------------------------------------------------------------------72.19.090
72.19.091
General obligation bond issue
to provide buildings--Appropriation from juvenile correctional institution building
construction account--Purpose.
General obligation bond issue
to provide buildings--Expenditures for purchase of
equipment.
,fhsE~~ 11~§~
72.64.040
72.66.010
72.66.012
Definitions.
Voluntary patients--Right to
receive--Application--Retention
of person reaching eighteen
years.
Voluntary patients--Detention.
Voluntary patients--Policy-Duration.
Parole or discharge--Revocation
of parole.
Parole--Revocation by court-Emergency detention.
Letters to or from patients.
Exclusions from state hospitals--Idiots, imbeciles, etc.
72.66.018
72.66.020
Nont:~§id~.! In§~!!~ ~eble.::
~in§~d--Sex~~l Psycho~th§L ~gg
72.66.036
72.66.038
72.23. 090
72.23.100
72.23.140
72.23.150
72.23.220
72.23.270
£haptm;. 12.22
g§!Ch2£g!hi~
72.66.022
72.66.024
72.66.026
72.66. 028
72.66.030
72.66.032
72.66.03~
Delinguents.
72.66.040
72.25.040
£ME.!~
Bringing committed person into
state without permission-Penalty.
72.:..1J
72.33.020
Stste
~sigential SchQQl§~
Definitions.
£~E.!~ 1l~l2
Soldie~§!
72 .. 66.042
72.66. 044
and
72.66.100
!g,!eran~!
Hom~..!.
72.36.040
72.36.050
72.36.080
72.41.010
72.41.020
72.41.030
72.41.040
72.41.050
72.41.060
72.41.070
72.41.080
Colony established--Who may be
admitted.
Regulations of home applicable--Rations, medical attendance, clothj,ng.
Who may be admitted to veterans• home.
Intention--Purpose.
Board of trustees--created-Membership--Terms--vacancies-Officers--Rules and
regulations.
Bylaws--Rules and regulations-Officers.
Powers and duties.
Eligibility and certification
of teachers--Rules and
regulations.
Per diem--Expenses.
Meetings.
Local advisory committees.
1973 RCW SUPP.
Crediting of earnings--Payment.
~~.!ti. 2~~2.2.
72.66.014
72.66.016
72.23.010
72.23.070
~~QQ£ ~ng !!PlOYmg!!.! Q~
Pri§Q!l~b.
!:.J!tiQughs !.2£ ~~£§~
Definitions.
Granting of furloughs
authorized.
Ineligibility grounds.
Mi~imum time served
requirement.
Grounds for granting furlough.
Furloughs authorized for certain prisoners--conditions-Time limitations.
Application--Contents.
Sponsor.
Furlough terms and conditions.
Furlough order--contents.
Application of prisoner for
furlough--Contents of application--Recommendation for approval or denial of application
by superintendent.
Furlough identification card.
Applicant's personality and
conduct--Examination.
Furlough duration--Extension.
Furlough infractions--Reporting--Regaining custody.
Final approval or denial of
application by secretary--Terms
and conditions of furlough-Multiple furloughs authorized-Prisoner's oath required.
Emergency furlough--ilaiver of
certain requirements.
Application proceeding not
deemed "contested case".
Liability of state for damages
to persons or property due to
criminal conduct of furloughed
prisoner--Limitation.
Chapter 72.01
ADMINISTRATION
72.01.390
TRANSFER OF JUVENILE FROM
CORRECTIONAL INSTITUTION IQ STATE-!!Q~fi-:
TAL.
[1959 c 145 § 1.] Repealed by 1973
1st ex.s. c 142 § 66.
JUVE!f!1~
ll~.Q~
~I.AI~
1JOS.f1.::
c 145§2.]
142 § 66.
Chapter 72.04A
PROBATION AND PAROLE
Cross Reference:
Victims of crimes, reimbursement by convicted person as condition of work release
or parole: BCW 7.68.120.
[ 677 ]
72.05.152
STATE INSTITUTIONS
--------------------------------------------------------------------------------------Chapter 72.05
CHILDREN AND YOUTH SERVICES
Chapter 72 .08
STATE PENITENTIARY
72.05.152
gQ!ENJ~~
lQ]]~!
£AM£~==1B=
DUSTRIAL INSURANCE BENEFITS PROHIBITED--
~XC~giJQ]S:---No-inmate-of-a juveniie~or=
est camp who is affected by this chapter
or receives benefits pursuant to RCW 72.05.152 and 72.05.154 shall be considered
as an employee or to be employed by the
state or the department of social and
health services or the department of natural resources, nor shall any such inmate,
except those provided for in RCW 72.05.154, come within any of the provisions of
the workmen's compensation act, or be
entitled to any
benefits
thereunder,
whether on behalf of himself or any other
person.
All moneys paid to inmates shall
be considered a gratuity. (1973 c 68 §
1• )
~ff~!:.i!~ g~~=l2.12.
~
68..;_ "This 1973
act shall take effect on July 1, 1973. 11
(1973 c 68 § 3.]
This applies to RCW
72.05.152 and 72.05.154.
72.08.110
PROCEDURE AS TO INSANE CON~
(19S9--c--2a-§ 72.58.115:--Pr~ar:
1955 c 94 § 3; 1891 c 147 § 19, part; RRS
§ 10222, part. )
Repealed by 197 3 1st
ex.s. c 142 § 66.
!I£!~~
72. 08. 170
REWARDS.
The secretary of
the department-o~social and health services or his designee shall have power to
offer rewards not exceeding two hundred
dollars, in the one case for the return of
escaped convicts, and to pay the expenses
of the apprehension, safekeeping and return of all escaped convicts by the officers
of
the penitentiary.
H~
shall
certify the amount of reward allowed and
expenses incurred and prepare a voucher
for the state treasurer, who shall draw
his warrant for the amount found due out
of any funds available therefor. [ 1973 c
106 § 32; 1959 c 28 § 72 .08.170. Prior:
1891 c 147 § 27; RRS § 10231.]
Chapter 72.19
JUVENILE CORRECTIONAL INSTITUTION IN KING
COUNTY
72.05.154
gQ!]]J~]
fQ]]~!
£!~£~==1!=
DUSTRIAL INSURANCE-ELIGIBILITY FOR BENEKIT~==~!£]giJON§~--From-ana-after-July--1:
1973, any inmate working in a juvenile
forest camp established and operated pursuant to RCW 72.05.150, pursuant to an
agreement between the department of social
and health services and the department of
natural resources shall be eligible for
the benefits provided by Title 51 RCW, as
now or hereafter amended, relating to
industrial insurance, with the exceptions
provided by this section.
No inmate as described in RCW 72.05.152,
until released upon an order of parole by
the department of social and health services, or discharged from custody upon
expiration of sentence, or discharged from
custody by order of a court of appropriate
jurisdiction, or his dependents or beneficiaries, shall be entitled to any payment
for temporary disability or permanent total disability as provided for in RCW
51.32.090 or 51.32.060 respectively, as
now or hereafter amended, or to the benefits of chapter 51.36 RCW relating to
medical aid:
PROVIDED, That RCW 72.05.152
and 72.05.154 shall not affect the eligibility, payment or distribution of benefits for any industrial injury to the
inmate which occurred prior to his existing commitment to the department of social
and health services.
Any and all premiums or assessments as
may arise under this section pursuant to
the provisions of Title 51 RCW shall be
the obligation of and be paid by the state
department of natural resources. (1973 c
68 § 2.]
( 678
72.19.090
GENERA~
Q~~JQATJQli
~QliQ
ISSUE TO PROVIDE BUILDINGS-APPROPRIATION
fRQ~- -~YY~RI~~
£ORRE£!IO!!~ -IR~TI!UTIQ~
BUILDING CONSTRUCTION
(1963-~x. :s:---c27§3.
1st ex.s. c 59 § 6.
72.19.091
I2~Y] TO
FOR
1c-§
GENERAL
J
ACCOUNT--PURPOSE.
-Repealea-iiy1973
OBLIGATION
BOND
RRQ!I~] ~UI1~IN2~==~!R~!Q1!~i~~
£UR£fi!~] Ql tQQIP~~NT~
1.]
[1965 ex.s. c
Repealed by 1973 1st ex.s. c 59
§ 6.
Chapter 72.23
STATE HOSPITALS FOR MENTALLY ILL
72.23.010
DEFINITIONS.
As used
in
this chapter,--the-~ollowing terms shall
have the following meanings:
"Mentally ill person" shall mean any
person who, pursuant to the definitions
contained in RCW 71.05.02C, as a result of
a mental disorder presents a likelihood ?f
serious harm to others or himself or lS
gravely disabled.
]
STATE HOSPITALS FOR MENTALLY ILL
72.23.220
--------------------------------------------------------------------------------------"Patient" shall mean a person under observation, care or treatment in a state
hospital, or a person found mentally ill
by the court, and not discharged from a
state hospital, or other facility, to
which
such
person
had been ordered
hospitalized.
"Licensed physician" shall mean an individual licensed as a physician under the
laws of the state, or a medical officer,
similarly qualified, of the government of
the United States while in this state in
performance of his official duties.
"State hospital" shall mean any hospital
operated and maintained by the state of
washington for the care of the mentally
upon reaching eighteen years of age,
may
apply for admission into a state hospital
as a voluntary patient;
(3)
In the case of a person eighteen
years of age or over for whom a conservator or guardian of the person has been
appointed, such application shall be made
by said conservator or guardian, when so
authorized by proper court order in the
conservatorship or guardianship proceedings. [1973 2nd ex.s. c 24 § 1; 1973 1st
ex.s.
c
142 § 4; 1971 ex.s. c 292 § 50;
1959 c 28 § 72.23.070.
Prior:
1951 c 139
§ 11;
1949 c 198 § 19, part; Rem. Supp.
1949 § 6953-19, part.
Formerly
RCW
71.02.030. J
ill.
"Superintendent" shall mean the superintendent of a state hospital.
"Court" shall mean the superior court of
the state of Washington.
"Resident" shall mean a resident of the
state of Washington.
Wherever used in this chapter, the masculine shall include the feminine and the
singular shall include the plural. [1973
1st ex.s. c 142 § 3; 1959 c 28 § 72.23.010. Prior:
1951 c 139 § 2.]
72.23.090
VOLUNTARY
PATIENTS--DETEN(1971 ex~S:-c-292 §-S;;-1959-c~-§
72.23.090.
Prior:
1951 c 139 § 13;
1949
c
198 § 19, part; Rem. Supp. 1949 § 695319, part.
Formerly RCW 71.02.050.]
Repealed by 1973 1st ex.s. c 142 § 66.
TIQ!~
72.23.100
VOLUNTARY PATIENTS--POLICY-rt shal1-be-the-po1Ic1--ai--the
department to permit liberal use of the
foregoing sections for the admission of
those cases that can be benefited by
treatment and returned to normal life and
mental condition, in the opinion of the
superintendent, within a period of six
months.
No person shall be carried as a
voluntary patient for a period of more
than one year.
(1973 1st ex.s. c 142 § 5;
1959 c 28 § 72.23.100.
Prior: 1951 c 139
§ 14;
1949 c 198 § 19, part; Rem. Supp.
1949 § 6953-19, part.
Formerly
RCW
71 • 0 2. 06 0. J
QQ]!IIQ!~
72.23.070
VOLUNTARY PATIENTS--RIGHT TO
]EC!J!~==AP~LICATJQM==BET~!IJQM-Q1 -fER~§!
REACHING
EIGHTEEN YEARS.
Pursuant to
rules-and regulations-established by the
department, a state hospital may receive
any person who is a suitable person for
care and treatment as mentally ill, or for
observation as to the existence of mental
illness, upon the receipt of a written
application of the person, or others on
his behalf, in accordance with the following requirements:
(1)
In the case of a person eighteen
years of ~ge or over, the application
shall be voluntarily made by the person,
at a time when he is in such condition of
mind as to render him aware of the significance of his act;
(2)
In the case of a person under
eighteen years of age, the application
shall be made by his parents, or by the
parent, conservator, guardian,
or other
person entitled to his custody.
All such
applications shall be reviewed by the
county mental health professionals, who
shall submit a written report and evaluation with recommendations to the superintendent of -the state hospital to which
such application is made stating whether
treatment is necessary and proper on a
voluntary basis and evaluating the reasons
for voluntary commitment.
A person under
eighteen years of age received into a
state hospital as a voluntary patient
shall not be retained after he reaches
eighteen years of age, but such person,
1973 RCW SUPP.
72.23.140
PAROLE OR DISCHARGE--REVOCAIIQ! QE fARQb~:--r1959-c-2s-§-72:23:14o:
Prior:
1951 c 139 § 41.
Formerly RCW
71.02.610.]
Repealed by 1973 1st ex.s. c
142 § 66.
72.23.150
PAROLE--REVOCATION
~Q~RT-=~~~R2~NCY DEIENTION~ -r19s9 c 28
~!
§
72.23.150.
Prior:
1951 c 139 § 42.
Formerly RCW 71.02.620.] Repealed by 1973
1st ex.s. c 142 § 66.
72.23.220
LETTERS TO OR FROM PATIENTS.
[1959 c 2a § 12:23:22o:- Prior:- 1957-c-54
§ 1;
1951 c 139 § 48.
Formerly RCW
71.02.590. J
Repealed by 1973 1st ex.s. c
142 § 66.
[ 679 )
72.23.270
STATE INSTITUTIONS
--------------------------------------------------------------------------------------72.23.270
!!1§_-:!RlQ!~~
~lf1~~IQ!~ fBQ~ ~!!TE ~Q§RJ~
IK]EC!b~SL ~£~
[ 1959 c 28
§ 72.23.270. Prior: 1951 c 139 § 66.
Formerly RCW 71.02.500.] Repealed by 1973
1st ex.s. c 142 § 66.
Chapter 72.25
NONRESIDENT INSANE, FEEBLE-MINDED--SEXUAL
PSYCHOPATHS, AND PSYCHOPATHIC DELINQUENTS
72.25.040
~gJ!QIN~
f~!!~~
~ERSO!
.I!!Q ~ATE ill!!@I ~ERMISS.IQ!:::-~!AL:U~
(1965 c 78 § 4; 1959 c 28 § 72.25.040.
Prior:
1957 c 29 § 4; 1953 c 232 § 4.
Formerly RCW 71.04.300.
Repealed by 1973
1st ex.s. c 142 § 66.
Chapter 7 2. 33
STATE RESIDENTIAL SCHOOLS
72.33.020
DEFINITIONS.
As used
in
this chapter,-unless-the-context requires
otherwise:
(1)
"Mental deficiency" is a state of
subnormal development of the human organism in consequence of which the individual affected is mentally incapable
of
assuming those responsibilities expected
of the socially adequate person such as
self-direction, self-support and social
participation.
(2)
''Physical deficiency'' is a state of
physical impairment of the human organism
in consequence of which the individual
affected is physically incapable of assuming those responsibilities expected of the
socially adequate person such as self•
direction,
self-support
and
social
participation.
(3)
"Parent" is the person or persons
having the legal right to custody of a
child by reason of kinship by birth or
adoption.
(4)
"State school" shall mean any residential school of the department established, operated and maintained by the
state of washington for the education,
guidance, care, treatment and rehabilitation of mentally and/or physically deficient persons as defined herein.
(5)
"Resident of a state school" shall
mean a person, whose mental andtor physical involvement requires the specialized
care, treatment and educational instruction therein provided, and who has been
admitted upon parental or guardian's application, or found in need of residential
care by proper court and duly received.
(6)
"Court" shall mean the superior
court of the state of Washington.
(7)
"Division" shall mean the division
of children and youth services of the
department
of
institutions
or
its
successor.
(8)
"Resident
of
the
state
of
Washington" shall mean a person who has
acquired his domicile in this state by
continuously residing within the state for
a period of not less than one year before
application for admission is made: PROVIDED, That the residence of an unemancipated minor shall be imputed from the
residence of the parents if they are
living together, or from the residence of
the parent with whom the child resides
and if the parental rights and responsi:
bilities regarding a minor have
been
transferred by the court, then the residence of such minor shall be imputed from
the person to whom such have been awarded.
(9)
"Superintendent" shall mean the superintendent of Lakeland Village, Rainier
school and other like residential schools
that may be hereafter established.
(10)
"Custody" shall mean the right of
immediate physical attendance, retention
and supervision.
(11)
"Placement" shall mean an extramural status for the resident's best interests granted by the superintendent after
reasonable notice and consultation with
the parents or guardian of such resident.
(12)
"Discharge" shall mean the relinquishment by a state school of all rights
and responsibilities it may have acquired
by reason of the acceptance for admission
of any resident.
[1973 1st ex.s. c 154 §
101;
1959 c 28 § 72.33.020. Prior: 1957
c 102 § 2. ]
~~~f.gbiJJ,1Y=.121J
1§1
~!.!.§.:.. £
note following RCW 2.12.030.
Chapter 72.36
SOLDIERS' AND VETERANS'
~~
72.36.040
11..!.
!Q~I!~R
C01QNY
1!~
1.2!!.i.
HO~ES
!;§IAB1ill~~=!!!Q
!~!Q!!Q ~I
See
.!1!.I
1211 f 1Q1
~
There is hereby established what
shall be known as the "Colony of the State
Soldiers• Home."
All of the following
persons who reside within the limits of
Orting school district and have been actual bona fide citizens of this state for a
period of three years at the time of their
application and who have personal property
of less than one thousand dollars and/or a
monthly income insufficient to meet their
needs as determined by the standards of
the department of social and health services, may be admitted to membership in
said colony under such rules and regulations as may be adopted by the department.
(1)
All honorably discharged veterans
who have served in the armed forces of the
United states during wartime, members of
the state militia disabled while in the
line of duty, and their respective spouses
with whom they have lived for three years
prior to application for membership in
said colony.
Also, the spouse of a ve~e:Â
an or disabled member of the state m~l~Â
tia, who is eligible for membership in
said colony, if such spouse is the widow
or widower of a veteran who was a member
of a soldiers• home or colony in this
state or entitled to admission thereto at
the time of death: PROVIDED, That such
[ 680 J
72.36.050
SOLDIERS' AND VETERANS' HOMES
--------------------------------------------------------------------------------------veterans and members of the state militia
shall, while they are members of said
colony, be living with their said spouses.
(2)
The widows or widowers of all veterans who were members of a soldiers• home
or colony in this state or entitled to
admission thereto at the time of death,
and the widows or widowers of all veterans
who would have been entitled to admission
to a soldiers' home or colony in this
state at the time of death but for the
fact that they were not indigent and
unable to support themselves and families,
which widows or widowers have since the
death of their said spouses become indigent and unable to earn a support for
themselves:
PROVIDED, That such widows or
widowers are not less than fifty years of
age and have not been married since the
decease of their said spouses to any
person not a member of a soldiers• home or
colony in this state or entitled to admission thereto. Any resident of said colony
may be admitted to the hospital at the
state soldiers' home for temporary care
when requiring hospital treatment, (1973
c 101 § 1; 1959 c 235 §.. 1; 1959 c 28 §
72.36.~40.
Prior:
1947 c 190 § 1; 1925
ex.s. c 74 § 1; 1915 c 106 § 2; Rem. supp.
1947 § 10730.]
marines and members of the state militia
shall,
while they are members of said
colony, be living with their said spouses.
(2)
The spouses of all soldiers who
were members of a soldiers• home or colony
in this state or entitled to admission
thereto at the time of death,
and the
spouses of all soldiers who would have
been entitled to admission to a soldiers•
home or colony in this state at the time
of death but for the fact that they were
not indigent and unable to support themselves and families, which spouses have
since the death of their said husbands or
wives become indigent and unable to earn a
support for themselves:
PROVIDED, That
such spouses are not less than fifty years
of age and have not been married since the
decease of their said husbands or wives to
any person not a member of a soldiers•
home or colony in this state or entitled
to admission thereto.
Any resident of
said colony may be admitted to the hospital at the state soldiers' home for temporary
care
when
requiring
hospital
treatment.
[1973 1st ex.s. c 154 § 102;
1959 c 235 § 1; 1959 c 28 § 72.36.040.
Prior:
1947 c 190 § 1; 1925 ex.s. c 74 §
1; 1915 c 106 § 2; Rem.
Supp.
1947 §
10730. ]
B~Yi§~!~§ notgl
RCW
72.36.040
was
amended twice during the 1973 regular and
first extraordinary sessions of the legislature, each without reference to the
other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
~gyggbi!iii=121J. 1§! gz~~ £
note following RCW 2.12.030.
72.36.040
b!H!ITIED
~QbON! ~~BLISfiED--WHO
~!!
AM EN DEQ ~! 197}. 1ST ~!~§.~
~ 1~ ~ 1Q£t~
There is hereby established
what shall be known as the "Colony of the
State Soldiers• Home." All of the following persons who reside within the limits
of Orting precinct and have been actual
bona fide citizens of this state for a
period of three years at the time of their
application and who have personal property
of less than one thousand dollars and/or a
monthly income insufficient to meet their
needs as determined by the standards of
the county welfare department,
may be
admitted to membership in said colony
under such rules and regulations as may be
adopted by the department.
(1)
All honorably discharged soldiers,
sailors and marines, who have served the
United states government in any of its
wars, and members of the state militia
disabled while in the line of duty, and
their spouses, who were married and living
with their spouses for five years prior to
application to membership in said colony
or who, since said date, have married
widows of soldiers or widowers of soldiers
who were members of a soldiers• home or
colony in this state or entitled to admission thereto at the time of death:
PRo~
VIDED, That such soldiers, sailors, and
£!.E
1.2!±1 See
Egvi§g~~ llQtel
RCW
72.36.040
was
amended twice during the 1973 regular and
first ex~raordinary sessions of the legislature, each without reference to the
other.
For rule of construction concerning sections amended twice at the same legislative session, see RCW 1.12.C25.
J!~
1973 RCW SUPP.
[ 68,
OF fiOM~ ,!PPll£!:.
MEDICA1 b.I!ID!DANCL_ ~LOTH:.
members
of
the
colony
established in RCW 72.36.040 as nov or
hereafter amended shall,
to all intents
and purposes, be members of the state
soldiers• home and subject to all the
rules and regulations thereof, except the
requirements of fatigue duty,
and each
member shall, in accordance with rules and
regulations adopted by the director, be
supplied with medical attendance and supplies from the home dispensary and rations
not exceeding thirty dollars per month in
value, and clothing not exceeding sixty
dollars per year in value for a member and
spouse, and thirty-five dollars per year
in value for a spouse admitted under RCW
72.36.040 as now or hereafter amended.
[1973 1st ex.s. c 154 § 103; 1967 c 112 §
1;
1959 c 28 § 72.36 .050. Prior:
1947 c
190 § 2; 1939 c 161 § 1; 1927 c 276 § 1;
1925 ex.s. c 74 § 1; 1915 c 106 § 3; Rem.
Supp. 1947 § 10731.]
72.36.050
REGULATION~
~1~RATI01fh
!H2~
The
~gveg!!lli.ty
12.73 .!§!. ~2.:.. £ 154:
note following RCW 2.12.030.
]
See
72.36.080
STATE INSTITUTIONS
----------------------------------------72.36.080
WHO MAY BE ADMITTED TO VET!ll~.!. HOME. ill of the following persons
who have been actual bona fide residents
of this state for a period of three years
at the time of their application and who
are indigent and unable to earn a support
for themselves and families may be admitted to the Washington veterans• home under
such rules and regulations as may be
adopted by the director:
(1)
All honorably discharged veterans
of the armed forces of the United States
who have served the United States in any
of its wars, and members of the state
militia disabled while in the line of
duty, and the spouses of such veterans,
and members of the state militia: PROVID•
ED, That such spouse was married to and
living with such veteran on or before
three years prior to the date of applica•
tion for admittance, or, if married to him
or her since that date, vas also a member
of a soldiers' home or colony in this
state or entitled to admission thereto.
(2)
The spouses of all soldiers, sailors, and marines and members of the state
militia disabled while in the line of
duty, who were members of a soldiers• home
or colony in this state or entitled to
admission thereto at the time of death,
and spouses of all such soldiers, sailors,
and marines and members of the state
militia, who would have been entitled to
admission to a soldiers' home or colony in
this state at the time of death but for
the fact that they were not indigent and
unable to earn a support for themselves
and families, which spouses have since the
death of their husbands or wives, become
indigent and unable to earn a support for
themselves: PROVIDED, That such spouses
are not less than fifty years of age and
were married and living with their husbands or wives on or before three years
prior to th".! date of their application,
and have not been married since the decease of their husbands or wives to any
person not a member of a soldiers• home or
colony in this state or entitled to admission thereto.
[1973 1st ex.s. c 154 §
104; 1959 c 28 § 72.36.080. Prior:
1955
c 104 § 1; 1927 c 276 § 2; 1915 c 106 § 4;
RRS § 10732.]
§.gy~rabil~ty-1973
12.!:
~
£ 1541
See
note following RCW 2.12.030.
Chapter 72.41
BOARD OF TRUSTEES--SCHOOL FOR THE BLIND.
72.41.010
I!!]~I!Q!==RURfQ~~~
It is
the intention of the legislature in creating a board of trustees for the state
school for the blind to perform the duties
set forth in this chapter, that the board
of trustees perform needed advisory services to the legislature and directly to
the secretary of the department of social
and health services, hereinafter denomin·
a ted the "secretary". in the development
( 682
of programs for the blind, and in the
operation of the washington state school
for the blind. (1973 c 118 § 1.)
72.41.020
BOARD OF TRUSTEES--CREATED-MEMBERSHIP--TERMS.::VACANCIES::OFFICERS::-RU~i~- A,ND--R,tGULATIONS.--There-iShereby
created a board of trustees for the state
school for the blind to be composed of
eleven trustees.
In making such appointments the governor shall give consideration to geographical exigencies and shall
appoint one trustee residing in each of
the state's congressional districts.
A
representative of the parent-teachers association of the Washington state school
for the blind, a representative of the
Washington council of the blind, a representative of the washington state association for the blind and one representative
designated by the teacher association,
Washington state school for the blind
shall each be ex officio and nonvoting
members of the board of trustees and shall
serve during their respective tenures in
such positions.
The initial appointees of the governor
to the board of trustees shall draw lots
at the first meeting thereof to determine
their respective initial
terms.
One
trustee shall serve for one year, one for
two years, two for three years, one for
four years, and two for five years.
Thereafter the successors of the trustees initially appointed shall be appointed
by the governor to serve for a term of
five years except that any person appointed to fill a vacancy occurring prior to
the expiration of any term shall be appointed only for the remainder of the
term.
One trustee shall be a resident and
qualified elector from each of the state's
seven congressional districts. No voting
trustee may be an employee of the state
school for the blind, a member of the
board of directors of any school district,
a member of the governing board of any
public or private educational institution,
or an elected officer or member of the
legislative authority or any municipal
corporation.
The board of trustees shall organize itself by electing a chairman from its
members. The board shall adopt a seal and
may adopt such bylaws, rules, and regulations as it deems necessary for its own
government. Four voting members of the
board shall constitute a quorum, but a
lesser number may adjourn from time to
time and may compel the attendance of
absent members in such manner as prescribed in its bylaws, rules, or regulations. The superintendent of the state
school for the blind shall serve as, or
may designate another person to serve as,
the secretary of the board, who shall not
be deemed to be a member of the board.
(1973 c 118 § 2.]
]
LABOR AND EMPLOYMENT OF PRISONERS
72.64.040
--------------------------------------------------------------------------------------72.41.030
]l1!]§==B~1!§
AND
REGULAwithin thirty days-o£
their appointment or July 1, 1973, whichever 1s sooner, the board of trustees
shall organize, adopt bylaws for its own
government, and make such rules and regulations not inconsistent with this chapter
as they deem necessary.
At such organizational meeting it shall elect from among
its members a chairman and a vice chairman, each to serve for one year, and
annually thereafter shall elect such officers to serve until their successors are
appointed or qualified. [ 197 3 c 118 § 3. ]
TIQ!§==Ql!~~§~
72.41.040
fQ!!RS !ND DUTIES.
Under
the general auspices of the-secretary of
the department of social and health services, the board of trustees of the state
school for the blind:
(1) Shall monitor and inspect all existing facilities of the state school for
the blind, and report its findings to the
secretary:
(2) Shall study and recommend comprehensive programs of education and training
and review the admission policy as set
forth in RCW 72.40.040 and 72.40.050, and
make appropriate recommendations to the
secretary;
(3) Shall advise the secretary in selection of qualified candidates for superintendent, members of the faculty and such
other administrative officers and other
employees, who shall all be subject to
chapter 41.06 RCW, the state civil service
law, unless specifically exempted by other
provisions of law.
All employees and
personnel classified under chapter 41.06
RCW shall continue, after June 7, 1973, 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 the state
civil service law;
(4)
May recommend to the secretary the
establishment of new facilities as needs
demand;
(5)
May recommend to the
secretary
rules and regulations for the government,
management, and operation of such housing
facilities deemed necessary or advisable;
(6)
May make recommendations to the
secretary concerning classrooms and other
facilities to be used for summer or night
schools, or for public meetings and for
any other uses consistent with the use of
such classrooms or facilities for the
school for the blind;
(7)
May make recommendations to the
secretary for adoption of rules and regulations for pedestrian and vehicular traffic on property owned,
operated,
or
maintained by the school for the blind;
(8)
Shall recommend to the secretary,
with the assistance of the faculty, the
course of study
including
vocational
training in the school for the blind, in
accordance with other applicable provisions of law and rules and regulations;
1973 RCW SUPP.
[ 683
(9)
May grant to every student, upon
graduation or completion of a program or
course of study, a suitable diploma,
nonbaccalaureate degree, or certificate;
(10)
Shall participate in the development of, and monitor the enforcement of
the rules and regulations pertaining to
the school for the blind;
(1 1)
Shall perform any other duties and
responsibilities prescribed by the secretary. [1973 c 118 § 4.]
72.41.050
ELIGIBiki!I !ND £~RTIFICAÂ
IIQ! Ql TEP&!!~RS==RUbt§ !!ill !l~2Y.1!IIONS~
The board of trustees shall recommend
rules and regulations determining eligibility for and certification of teachers
in the state school for the blind, including certification for emergency or temporary, substitute or provisional
duty.
[ 197 3 c 118 § 5. ]
72.41.060
F~B ~I~~- Elf!!§~§~
Each
member of the board of trustees shall
receive per diem as provided in RCW 43.03.050, and necessary expenses and other
actual mileage or transportation costs as
provided in RCW 43.03.060, and such payments shall be a proper charge to any
funds appropriated or allocated for the
support of the state school for the blind.
[1973 c 118 § 6.]
72.41.070
MEETIN~
The
board
of
trustees shall meet at least six times
each year. [1973 c 118 § 7.]
72.41.080
1Q£!1 !~!ISQ!l! £Q~~!!TEES~
The board of trustees shall appoint a
local advisory committee consisting of
five or more persons from the local community and surrounding areas to advise the
board on any matter relating to the development of vocational programs for the
blind or relating to the operation of the
state school for the blind. [1973 c 118 §
8. ]
Chapter 72.64
LABOR AND EMPLOYMENT OF PRISONERS
72.64.040
CREDITIH2 OF EARNINGS--PAYMENT. Where a prisoner is-employed-at-any
occupation for which pay is allowed or
permitted, or at any gainful occupation
from which the state derives an income,
the department shall credit the prisoner
with the total amount of his earnings.
The amount of earnings credited but unpaid to a prisoner may be paid to the
prisoner's spouse, children, mother, father, brother, or sister as the inmate may
direct upon approval of the superintendent. Upon release, parole, or discharge,
all unpaid earnings of the prisoner shall
be paid to him. [1973 1st ex.s. c 154 §
J
72.64.040
STATE INSTITUTIONS
--------------------------------------------------------------------------------------105; 1959 c 28 § 72.64. 040. Prior:
1957
c 19 § 1; 1927 c 305 § 3; RRS § 10223-3.
Formerly RCi 72.08.250.)
~~s~~lii.I=:-197]. ill ex.s.!. £
note following RCW 2.12.030.
~.:.
See
Chapter 72.65
WORK RELEASE PROGRAK
Cross Reference:
Victims of crimes, reimbursement by convicted person as condition of work release
or parole: RCW 7.68.120.
Chapter 72.66
FURLOUGHS FOR PRISONERS
72.66.010
DEF1!1IJQNS.!.
As used
in
this chapter the following words shall
have the following meanings:
(1) "Department" means the department
of social and health services.
(2) "Furlough"
means
an authorized
leave of absence for an eligible resident,
without any requirement that the resident
be accompanied by, or be in the custody
of, any law enforcement or corrections
official while on such leave.
(3)
"Emergency furlough" means a specially expedited furlough granted to a
resident to enable him to meet an emergency situation, such as the death or critical illness of a member of his family.
(4)
"Resident" means a person convicted
of a felony and serving a sentence for a
term of confinement in a state correctional institution or facility, or a state
approved
work
or
training
release
facility.
(5) "Secretary" means the secretary of
the department of social and health services, or his designee or designees. (1973
c 20 § 2; 1971 ex.s. c 58§ 2.]
Construction--Prior rules and ~~la=
i1QnS-197.J.-£ 20:--"Theprovislons of this
1973 amendatory act shall not affect the
validity of any rule or regulation adopted
prior to the effective date of this 1973
amendatory act, if such rule or regulation
is not in conflict with any provision of
this 1973 amendatory act." (1973 c 20 §
17.]
This applies to the 1973 amendment
to this section, to RCW 72.66.012 through
72.66.044, and to the repeal of RCW 72.66.020, 72.66.030 and 72.66.04C.
The effective date of 1973 c 20 was June
7, 1973.
72.66.012
§]!NTIN§ QI FUE1QQ§li§ !QiliQ=
The secretary may grant a furlough
but only if not precluded from doing so
under RCW 72.66.014, 72.66.016, 72.66.018,
72.66.024, 72.66.034, or 72.66.036. [1973
c 20 § 3. ]
BJZ]~.!.
72.66.014
1BELlQJD11!I! §]Q~!~§~
A
resident may apply for a furlough if he is
not precluded from doing so under this
section.
A resident shall be ineligible
to apply for a furlough if:
(1) He is not classified by the secretary as eligible for or on minimum security status; or
(2) His minimum term of imprisonment
has not been set; or
(3)
He has a valid detainer pending and
the agency holding the detainer has not
provided written approval for him to be
placed
on a furlough-eligible status.
Such written approval may include either
specific approval for a particular resident or general approval for a class or
group of residents. [1973 c 20 § 4.]
72.66.016
~I!I~Q~ II~ §]E!~Q ]~2YIS~:
A furlough shall not be granted to
a resident if the furlough would commence
prior to the time the resident has served
the minimum amounts of time provided under
this section:
(1)
If his minimum term of imprisonment
is longer than twelve months, he shall
have served at least six months of the
term;
(2) If his minimum term of imprisonment
is less than twelve months, he shall have
served at least ninety days and shall have
no longer than six months left to serve on
his minimum term;
(3) If he is serving a mandatory m~n~~
mum term of confinement, he shall have
served all but the last six months of such
term. [1973 c 20 § 5.]
~]~!~
72.66. 018
GROU!!JL~
£:OR @ANI!.!~ FUR::
J&!!2!!.!.
A furlough may only be granted to
enable the resident:
(1)
To meet an emergency situation,
such as death or critical illness of a
member of his family;
(2) To obtain medical care not available in a facility maintained by the
department;
{3) To seek employment or training opportunities, but only when:
(a) There are scheduled specific work
interviews to take place
during
the
furlough;
(b)
The resident has been approved for
work or training release but his work or
training placement has not occurred or
been concluded; or
(c)
When necessary for the resident . to
prepare a parole plan for a parole meet~ng
scheduled to take place within one hundred
and twenty days of the commencement of the
furlough;
(4)
To make residential plans for parole which require his personal appearance
in the community;
.
(5) To care for business affairs H
person when the inability to do so could
deplete the assets or resources of t~e
resident so seriously as to affect h~s
family or his future economic security;
[ 684 ]
FURLOUGHS FOR PRISONERS
72.66.030
--------------------------------------------------------------------------------------(6)
To visit his family for the purpose
of strengtheninq or preserving relationships, exercising parental responsibilities, or preventing family division or
disintegration; or
(7)
For any other purpose deemed to be
consistent with plans for rehabilitation
of the resident. [ 1973 c 20 § 6.]
72.66.020
rQR1QUGfi~
AUTfiQBIZEQ
FOB
~~IAIN
PRI~QN~!§::-CONDI!IQH§.=IIME LI11!=
I!!IQNS~
[1971 ex.s. c 58§ 3.] Repealed
by 1973 c 20 § 19.
72.66.022
!RR1I~A!IQ!:=£Q!!~H~~
Each
resident applying for a furlough shall
include in his
application
for
the
furlough:
(1)
A furlough plan which shall specify
in detail the purpose of the furlough and
how it is to be achieved, the address at
which the applicant would reside,
the
names of all persons residing at such
address and their relationships to the
applicant;
(2)
A statement from the applicant's
proposed sponsor that he agrees to undertake the responsibilities provided in RCW
72.66.024; and
(3)
Such other information as the secretary shall require in order to protect
the public or further the rehabilitation
of the applicant.
[ 197 3 c 20 § 7. ]
72.66.024
~PO!§OR~
No furlough shall
applicant for the
furlough has procured a person to act as
his sponsor.
No person shall qualify as a
sponsor unless he satisfies the secretary
that he knows the applicant's furlough
plan, is familiar with the furlough conditions prescribed pursuant to RCW 72.66.026, and submits a statement that he
agrees to:
(1)
See to it that the furloughed person is provided with appropriate living
quarters for the duration of the furlough;
{2)
Notify the secretary immediately if
the furloughed person does not appear as
scheduled, departs from the furlough plan
at any time, becomes involved in serious
difficulty during the furlough, or experiences problems that affect his ability to
function appropriately;
{3)
Assist the furloughed person in
other appropriate ways, such as discussing
problems and providing transportation to
job interviews; and
(4)
Take reasonable measures to assist
the resident to return from furlough.
[ 1973 c 20 § 8. ]
be granted unless the
72.66.026
FURLO~fi
!~~~
!HQ £0NDI=
TIONS.
The terms and conditions prescribed under this section shall apply to
each furlough, and each resident granted a
furlough shall agree to abide by them.
1973 RCW SUPP.
(1)
The furloughed person shall abide
by the terms of his furlough plan.
(2)
Upon arrival at the destination indicated in his furlough plan, the fur~
laughed person shall, when so required,
report to a state probation and parole
officer in accordance with instructions
given by the secretary prior to release on
furlough.
He shall report as frequently
as may be required by the state probation
and parole officer.
{3)
The furloughed
person shall abide
by all local, state and federal laws.
(4)
With approval of the state probation and parole officer designated by the
secretary, the furloughed person may accept temporary employment during a period
of furlough.
(5)
The furloughed person shall not
leave the state at any time while on
furlough.
(6)
other limitations on movement within the state may be imposed as a condition
of furlough.
(7)
The furloughed person shall not, in
any public place, drink intoxicating beverages or be in an intoxicated condition.
A furloughed person shall not enter any
tavern, bar, or cocktail lounge.
(8) A furloughed person who drives a
motor vehicle shall:
(a)
have a valid Washington driver's
license in his possession,
(b)
have the owner's written permission
to drive any vehicle not his own or his
spouse's,
(c)
have at least minimum personal injury and property damage liability coverage on the vehicle he is driving, and
(d)
observe all traffic laws.
(9) Each furloughed person shall carry
with him at all times while on furlough a
copy of his furlough order prescribed
pursuant to RCW 72.66.028 and a copy of
the identification card issued to him
pursuant to RCW 72.66.032.
(10)
The furloughed person shall comply
with any other terms or conditions which
the secretary may prescribe. (1973 c 20 §
9.]
72.66.028
FURLOU@li
ORDER--CONTENTS.
Whenever the secretary gra~a- furlOUgh,
he shall do so by a special order which
order shall contain each condition and
term of furlough prescribed pursuant to
RCW 72.66.026 and each additional condition and term which the secretary may
prescribe as being appropriate for the
particular person to be furloughed. (1973
c 20 § 10. ]
72.66.030
APPLICATION OF PRISONER FOR
FURLOUGH--CONTENTS--OF-APPLICATioN==iECOKMENDATIONFOR-APPROVAL OR DENIAL OF APPLI=
9IIQl!-BY--SUPERINTENDENT~(1971-ei:S:-c
58§ 4.] Repealed by 1973 c 20 § 19.
[ 685 ]
STATE INSTITUTIONS
72.66.032
--------------------------------------------------------------------------------------FURLO]§H
IQ~NT!!I£ATIO]
The secretary shall issue a furlough identification card to each resident
granted a furlough. The card shall contain the name of the resident and shall
disclose the fact that he has been granted
a furlough and the time period covered by
the furlough. [1973 c 20 § 11.]
72.66.032
~~
~~vi~~~§ n21~A
For the effective date
repeal of this section see RCW
7.68.900 and the footnote following that
section.
of
the
72.66.034
APPLICANT'S PERSONALITY ANQ
~Q!QQCT--EXA~INATION.--Prior-to-the grant-
ing of any furlough, the secretary shall
examine the applicant's personality and
past conduct and determine whether or not
he represents a satisfactory risk for
furlough. The secretary shall not grant a
furlough to any person whom he believes
represents an unsatisfactory risk.
[1973
c 20 § 12. ]
TITLE 73
VETERANS AND VETERANS' AFFAIRS
Sections added, amended, or repealed:
~hs£1§£ ll~Q~
73.04.010
72.66.036
~IO~
{1)
FURLOUGH
§gng£al ~£2Yi§i2n2~
Pension papers--Fees not to be
charged.
DURATION--EXTEN-
fhe~rloug~-or--furioughs
granted to any one resident may not exceed
thirty consecutive days or a total of
sixty days during any twelve-month period.
(2)
Absent unusual circumstances, each
first furlough and each second furlough
granted to a resident shall not exceed a
period of five days and each emergency
furlough
shall not exceed forty-eight
hours plus travel time.
(3)
A furlough may be extended within
the maximum time periods prescribed under
this section. (1973 c 20 § 13.]
72.66.036
fURLOUGfi
INFRACTIONS--RE~QlillNG-::REG!ININQ ~Q~TO~Y.--Anyemployee
of the department having knowledge of a
furlough infraction shall report the facts
to the secretary. Upon verification, the
secretary shall cause the custody of the
furloughed person to be regained, and for
this purpose may cause a warrant to be
issued. [1973 c 20 § 14.]
Cha£1§£
11~08
73.08.080
Cha£1g£
yetg£Sll~
!lglieL.
Tax levy authorized.
73~1§.
~!!illloymen1
s!Hl
~g!!!Elor:.
,!g!th
73.16.010
Preference in public
employment.
Chs£~§£ 11~12.
yetg£ans•
!l.2llJ!2=-19!!_~
!£h
73.32.130
Additional compensation authorized--Amount and to whom
payable.
Cigarette tax authorized for
bond interest and retirement-Segregation, transfer of
funds--Dealer's compensation.
73.33.010
73.33.020
Declaration of policy.
Compensation authorized--Amount
and to whom payable.
73.32.020
Chapter 73.04
GENERAL PROVISIONS
~
72.66.042
EM~RG~~X
FURLOUGH--WAIVER
QI ~mAIN RgQ!!!.REM!i!~ r;-tiieeveiito£
an emergency furlough, the secretary may
waive all or any portion of RCW 72.66.014
(2), 72.66.016, 72.66.022, 72.66.024, and
72.66.026.
[ 1973 c 20 § 15.)
72.66.044
!~CA!lQ!i
PRQ~EEDING
NO!
DEEMED "CONTESTED CASE". Any proceeding
Involving-an-application--for a furlough
shall not be deemed a "contested case"
under the provisions of chapter 34.04 RCW,
the Administrative Procedure Act. [1973 c
20 § 16. J
( 686
73.04.010
ffiARQ~Q~
PENSION PAPERS--FEES NOT TO
iO~udge;-or-clerk-ot-court,
county clerk, county auditor, or any other
county officer, shall be allowed to charge
any honorably discharged soldier or seaman, or the spouse, orphan, or legal
representative thereof, any fee for administering any oath, or giving any official
certificate for the procuring of any pension, bounty, or back pay, nor for administering any oath or oaths and giving the
certificate required upon any voucher for
collection of periodical dues from the
pension agent, nor any fee for services
rendered in perfecting any voucher. (1973
1st ex.s. c 154 § 106; 1891 c 14 § 1; RRS
§ 4232.]
]
73.32.020
VETERANS' BONUS--1949 ACT
--------------------------------------------------------------------------------------~u~abi.li!.y-1ll1 1~!. ~h~.:. £
note following RCW 2.12.030.
lli.i
Chapter 73.16
EMPLOYMENT AND REEMPLOYMENT
see
73.16.010
REEFER]]£~!] RY~1!£ ~~PLQI=
In every public departm~nt, and
upon all public works of the state, and of
any county thereof, honorably discharged
soldiers, sailors,
and marines who are
veterans of any war of the United states,
or of any military campaign for which a
campaign ribbon shall have been awarded,
and their spouses, shall be preferred for
appointment and employment.
Age, loss of
limb, or other physical impairment, which
does not in fact incapacitate, shall not
be deemed to disqualify them,
provided
they possess the capacity necessary to
discharge the duties of the position involved. ( 1973 1st ex.s. c 154 § 107; 1951
c 29 § 1; 1943 c 141 § , ; 1919 c 26 § 1;
1915 c 129 § 1; 1895 c 84 § 1; Rem. supp.
1943 § 10753.]
~~MI.:.
Chapter 73.08
VETERANS• RELIEF
73.08.080
1A1 1~!1 AU~fiQg!~]Q.:.
The
boards of county commiss1oners of the
several counties in this state shall levy,
in addition to the taxes now levied by
law, a tax in a sum equal to the amount
which would be raised by not less than one
and one-eighth cents per thousand dollars
of assessed value, and not greater than
twenty-seven cents per thousand dollars of
assessed value against the taxable property of their respective counties, to be
levied and collected as now prescribed by
law for the assessment and collection of
taxes, for the purpose of creating the
veteran's relief fund for the relief of
honorably discharged veterans who served
in the armed forces of the United States
in the Civil war, in the war of Mexico or
in any of the Indian wars, or the SpanishAmerican war or the Philippine insurrection, in the First World War, or Second
world war or Korean conflict, or Viet Nam
conflict, and the indigent wives,
husbands, widows, widowers and minor children
of such indigent or deceased veterans, to
be disbursed for such relief by such board
of county commissioners:
PROVIDED, That
if the funds on deposit, less outstanding
warrants, residing in the veteran's relief
fund on the first Tuesday in September
exceed the expected yield of one and oneeighth cents per thousand dollars of assessed value against the taxable property
of the county, the county commissioners
may levy a lesser amount:
PROVIDED FURTHER, That the costs incurred in the
administration of said veteran's relief
fund shall be computed by the county
treasurer not less than annually and such
amount may then be transferred from the
veteran's relief fund as herein provided
for to the county current expense fund.
[ 1973 2nd ex. s. c 4 § 5; 1973 1st ex. s. c
195 § 86; 1970 ex.s. c 47 § 9; 1969 c 57 §
1; 1945 c 144 § 7; 1921 c 41 § 7; 1919 c
83 § 7; 1907 c 64 § 7; 1893 c 37 § 2; 1888
p 210 § 7;
Rem. Supp. 1945 § 10742.
Formerly RCW 73.08.020.]
~m§.ugna
g,ng_
ex.2.:_ .£ 4:
84.52.043.
1973 RCW SUPP.
~fi£1ill
see
notes
dates--1973 ln£
follOwing- Rcw
~gyg£g,Qiliil.==1273
12!.
~!~
note following RCW 2.12.030.
£
12~.i
See
Chapter 73.32
VETERANS' BONUS--1949 ACT
73.32.020
!QDITIQl!!1 £Q11R]NS!I_IO!£ !UTHQ!i!ZED AMQQNT
!ND TO WHOM RllAB1].:.
There shall be paid to each person who was
on active federal service as a member of
the armed military or naval forces of the
United States between the seventh day of
December, 1941, and the second day of
September, 1945, who at the time of his or
her entry upon active federal service and
for a period of one year prior thereto was
a bona fide citizen or resident of the
state of washington, or who was a member
of one of the regular military services on
December 7, 1941, and on that date and for
one year prior thereto was a bona fide
citizen
or resident of the state of
Washington, for service
between
said
dates, the sum of ten dollars for each and
every month or major fraction thereof of
such duty performed within the continental
limits of the United States, and fifteen
dollars for each and every month or major
fraction thereof of such duty performed
outside the continental limits of the
United States:
PROVIDED, That persons who
have already received extra compensation
for such service from any other state or
territory shall not be entitled to the
compensation under this chapter,
unless
the amount of compensation so received is
less than they would be entitled to hereunder,
in which event they shall receive
the difference between the compensation
payable under this chapter and the extra
compensation already received from such
other state or territory.
In case of the
death of any such person prior to June 8,
1949, an equal amount shall be paid to his
surviving spouse if not remarried at the
time compensation is requested or in case
[ 687 ]
VETERANS AND VETERANS' AFFAIRS
73.32.020
--------------------------------------------------------------------------------------he left no spouse or in case his spouse
has remarried and he has left children,
then to his surviving children, or in the
event he left no spouse eligible for
payment hereunder or children surviving on
June 8, 1949, then to his surviving parent
or parents. (1973 1st ex.s. c 154 § 108;
1950 ex.s. c 13 § 1; 1949 c 180 § 1; Rem.
Supp. 1949 § 10747a.]
~gy~~Qili!I
1211 121 ~~ £
note following RCW 2.12.030.
73.32.130
!Hili~ IHI~I
154~
See
~liiTE I!! AUiflQ~~ FOB
Alill BniREM.rfNT==~.r;!iREGATroN.L
TRANSFER OF FUNDS--DEALER 1 S
COMPENSATION.
F~ the pur:Po5eo£creating the fun a for
the retirement of such bonds upon maturity
and the payment of interest thereon as it
falls due, all proceeds hereafter received
from the excise tax on cigarettes imposed
by chapter 82.24 as now or hereafter
amended, shall, so long as any part of
principal or interest of the bonds herein
provided for remains outstanding, be paid
into the war veterans• compensation bond
retirement fund hereinafter provided for.
In addition thereto, there is hereby
levied and there shall be collected by the
department of revenue from the persons
mentioned in and in the manner provided by
chapter 82.24, as now or hereafter amended, an excise tax upon the sale, use,
consumption, handling, possession or distribution of cigarettes in an amount equal
to the rate of one mill per cigarette, but
the provisions of RCW 82.24.070 allowing
dealers• compensation for affixing stamps
shall not apply to this additional tax.
Instead, wholesalers and retailers subject
to the provisions of chapter 82.24 shall
be allowed as compensation for their services in affixing the stamps for the additional tax required by this section a sum
equal to one percent of the value of the
stamps for such additional tax purchased
or affixed by them.
All money derived from such tax shall be
paid to the state treasurer and credited
to a special trust fund to be known as the
war veterans• compensation bond retirement
fund, which shall be kept segregated from
all money in the state treasury and shall,
while any of the bonds herein authorized
or any interest thereon remain unpaid, be
available solely for the payment thereof.
Whenever the receipts into the war veterans• compensation bond retirement fund
during any year exceed the annual amounts
required for debt service, the balance
shall be transferred by the state treasurer to the state general fund, and whenever
there has accumulated in the war veterans•
compensation bond retirement fund a sum in
excess of the amount required in any year,
as determined by the state finance committee, to meet obligations during that year
for bond retirement and interest, the
state treasurer shall transfer from such
fund to the state general fund all money
in excess of such amount.
When all bonds herein authorized and all
interest thereon have been fully paid, all
proceeds thereafter received from the excise tax on cigarettes imposed by chapter
82.24 RCW as now or hereafter amended
shall be paid into the war veterans:
compensation fund, herewith created, for
distribution to veterans who served during
the Viet Nam conflict as provided by this
1972
amendatory act:
PROVIDED, That,
whenever the receipts into the war veterans• compensation fund during any year
exceed four million five hundred thousand
dollars, all sums received above that
amount shall be transferred to the state
general fund.
The amounts directed to be paid into the
war veterans• compensation fund as provided by this 1972 amendatory act shall be a
first and prior charge, subject only to
amounts previously pledged for the payment
of interest on and retirement of bonds
heretofore issued, against all cigarette
tax revenues collected pursuant to RCil
82.24.020, 73.32.130,
and
28!.47.440.
(1973 c 41 § 1. Prior: 1972 ex.s. c 157 §
2; 1972 ex.s. c 154 § 7; 1971 ex.s. c 299
§ 2; 1959 c 272 § 2; prior:
1953 c 240 §
1; 1949 c 180 § 9, part; Rem. Supp. 1949 §
10 7 4 7i , part. 1
Chapter 73.33
VETERANS' BONUS--1955 ACT
73.33.010
DECLAR!IIQ!
QI
POLICY.
since
the
people
of
the state--of
washington have recognized the sacrifices
of its sons and daughters in the service
of their country during World War II, and
having desired to aid them in their return
to civil life, did authorize the payment
of certain compensation in recognition of
such services, and since problems arising
out of said conflict threatened to defeat
the ideals for which said war was waged
and made it necessary for many of our sons
to again bear arms for the preservation of
justice and peace, it is fitting and
proper that we again recognize that service and give that helping hand to those
who have given so much to us and have
brought so much honor to our great state.
[1973 1st ex.s. c 154 § 109; 1955 c 292 §
1. ]
~~y~gbi!i!Y=ll73 1.21 ex&~ !2 1.2~.i
note following RCW 2.12.03o-.
73.33.020
£QMPEN~!IQ!
AND TO WHOM PAYABLE.
A~OUNT
See
AU!HQ~l~R==
There shall
be--paia--to-eac~person-who was on active
federal service as a member of the armed
military or naval forces of the United
States between the twenty-seventh day of
June, 1950, and the twenty-sixth day of
July, 1953, and who for a period of o~e
year immediately prior to the date of ~~s
entry into such service, was a bona f~de
citizen
or resident of the state of
( 688 ]
TITLE 74
DIGEST OF TITLE
------------------------------------~--------------------------------------------------
washingtoq, for service
between
said
dates, the sum of one hundred dollars for
service in excess of eighty-nine days
within the continental United States, the
sum of one hundred fifty dollars for
service in excess of eighty-nine days and
less than three hundred sixty-five days
where any part of such service was outside
the continental limits of the
United
states, or the sum of two hundred dollars
for service in excess of three hundred
sixty-four days where any part of such
service was outside the continental limits
of the United States: PROVIDED, HOWEVER,
That persons otherwise eligible who have
been continuously in said armed services
for a period of five years or more immediately prior to June 27, 1950, shall not be
eligible to receive compensation under the
terms of this chapter:
PROVIDED FURTHER,
That persons who have already received
extra compensation or other benefits based
upon claimed residence at the time of
entry into such active service from any
other state or territory shall not be
entitled
to
compensation
under this
chapter •.
In case of the death of any such person
prior to June 10, 1955, an equal amount
shall be paid to his surviving spouse if
not remarried at the time compensation is
requested, or in case he left no spouse or
in case his spouse has remarried and he
has left children, then to his surviving
children, or in the event he left no
spouse eligible for payment hereunder, or
children surviving on June 10, 1955, then
to his surviving parent or parents:
PROVIDED, HOWEVER, That no such parent who
has been deprived of custody of such child
or children by a decree of a court of
competent jurisdiction shall be entitled
to any compensation under this chapter if
the husband of the surviving spouse was
either killed in action or died as a
result of wounds or disabilities incurred
in action during the period covered by
this chapter, such spouse, if not remarried at the time compensation is requested, shall be entitled to the largest
amount payable hereunder. [1973 1st ex.s.
c 154 § 110; 1955 c 292 § 2.]
74.04.062
74.C4.150
74.04.300
74.04.527
74.04.530
74.04.540
74.04.550
74.04.560
74.04.570
74.04.580
74.04.600
74.04.610
74.04.620
74.04.630
74.04.640
74.04.650
TITLE 74
PUBLIC ASSISTANCE
£hsE!gi ~~Q~ ~ligibili!Y ~gggrsllY==
§!snQsiQ§ of Aa2121sn£~==21£ !g~
l&2i2isnga~
sections added, amended, or repealed:
74.08.047
£haE!~I l~Q~
~ngisl
istration~
74.04.006
74.04.060
Proviai2n2--A£min-
Contract of sale of property-Availability as a resource or
income--Establishment.
Records, etc., confidential-Exceptions--Penalty.
1973 RCW SUPP.
Disclosure of information to
police officer or immigration
official.
State levy for public
assistance.
Recovery of payments improperly
received--Lien.
Food stamp program--Penalty for
reselling or purchasing resold
food stamps or food purchased
with food stamps.
Recipient receiving industrial
insurance compensation--Subrogation rights of department-Lien--Withhold and deliver
notice.
Recipient receiving industrial
insurance compensation--Form of
lien and notice to withhold and
deliver.
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-Hearing.
Recipient receiving industrial
insurance compensation-Application.
Supplemental security income
program--Purpose.
Supplemental security income
program--Termination of federal
financial assistance payments-Supersession by supplemental
security income program.
State supplementation to national program of supplemental
security income--Authorized.
State supplementation to national program of supplemental
security income--Contractual
agreements with federal government--Authorization and ratification required.
Acceptance of referrals for vocational rehabilitation-Reimbursement.
Individuals failing to comply
with federal drug abuse and
alcoholism treatment requirements--Reapplication for state
assistance required.
[ 689
74.08.048
74.08.370
J
General assistance for persons
attending high school or vocational or technical
institution.
Grants to be on uniform statewide basis.
Old age assistance grants
charged against general fund.
PUBLIC ASSISTANCE
TITLE 74
--------------------------------------------------------------------------------------74.08.530
74.08.540
74.08.550
74.08.560
74.09.160
Homemaker-home health, chore,
and personal and household
services-Legislative finding.
Homemaker-home health, chore,
and personal and household
services-Definitions--Purpose--Eligible persons.
Homemaker-home health, chore,
and personal and household
services--Department to develop
program.
Homemaker-home health, chore,
and personal and household
services-Employment of public
assistance recipients.
Presentment of charges by contractors--Revolving funds.
Cha,tlg 1.!..:.11
,Al,g to l:amifu§. .Hith ge{!en.=
74.20A.050
74.20A.055
74.20A.060
74.20A.070
74. 20A. (180
7q.20A.090
74.20A.100
g~ Chil~@:..
74.12.010
74.12.340
74.20!.130
Definitions.
Day care.
74.20A.140
cha]1g
1~1
74.13.031
74.13.106
74.13.142
~haptfi
£h114.
.H,g1!~
2gryicg§...:.
Duties of department--Establishment of child welfare and
day care advisory committee-Duty of juvenile court.
Adoption support account--Created--Source--Use--Pilot project--Federal funds-Gifts and
grants.
Termination of director's authority to provide adoption
support.
74.20
SUR£2£!. of
DeE~!l9&nt
£hil-
~mh
74.20.040
74.20.101
74.20.220
74.20.230
74.20.300
74.20A.150
74.20!.170
74.20!.180
74.20A.190
74 .20A.200
74.20A.210
74.20A.220
74.20!.230
Duty of department to enforce
child support--Support enforcement services.
Payment of support moneys collected to support enforcement
and collections unit--Notice.
Powers of department through
the attorney general.
Petition for support order by
married parent with minor or
legally adopted children who
are receiving public
assistance.
Department exempt from fees.
74.20A.240
74.20A.250
74.20A.260
mailing--Contents--Action on,
when.
Notice of support debt based
upon payment of public assistance--service--Contents--Collection warrant--Fair hearing-Filing and serving of liens-Bond to release liens.
Notice and finding of financial
responsibility of responsible
parent--Alternative procedure.
Assertion of lien--Effect.
Service of lien.
Order to vi thhold and deliver-Issue and service--Contents-Effect--Delivery of property-Bond to release.
Certain amount of earnings exempt from lien or
order...- 11 Earnings 11 and "disposable earnings" defined.
Civil liability upon failure to
comply with order or lien.
Distraint, seizure and sale of
property subject to liens under
RCW 74.20!.060, procedure.
Action for foreclosure of support lien--satisfaction.
Satisfaction of lien after
foreclosure proceedings instituted--Redemption.
Secretary may release lien or
order or return seized property-Effect.
Secretary may make demand, file
and serve liens, when payments
appear in jeopardy.
Interest on debts due--Waiver.
Judicial relief--Limitations.
Unidentifiable moneys held in
special account.
Charging off child support
debts as uncollectible.
Employee debtor rights protected--Limitation.
Assignment of earnings to be
honored-Effect.
Receipt of public assistance
for a child as assignment of
rights in support obligation-Secretary as attorney for endorsing drafts.
Industrial insurance disability
compensation payments subject
to lien ana order to withhold
and deliver.
Chapter 74.04
GENERAL PROVISIONS--ADMINISTRATION
£~£!.~£ ~Q! a~£Qrt 21 D~£~n~~i £hi1.=
£~=-A1!~rn~!iyg ~!h24.=-1211
!£!..:.
74.20A.030 Payment of public assistance
for child constitutes debt to
department by natural or adoptive parents--Limitations--Department subrogated to rights.
?q.20A.040 Notice of support debt based
upon subrogation to or assignment of judgment--Service or
74.04.006
£Q]!RA£I Qf 2!~ Q! R]QE~B=
TY--AVAILABILITY AS A RESOURCE QB !~~Qn!==
ESTABLISHMENT:--Th; department may establish;-~y--rule and regulation, the availability of a contract of sale of re~l or
personal property as a resource or 1ncome
as defined in RCW 74.04.005.
[1973 1st
ex.s. c 49 § 2.]
[ 690 J
74.04.300
GENERAL PROVISIONS--ADMINISTRATION
--------------------------------------------------------------------------------------.§g!~Isll.i!l!.Y=::-1.21J £ 1.211 "If any
provision of this 1973 act, or its application to any person or circumstance is held
invalid,
the remainder of the act, or the
application of the prov1s1on to other
persons or circumstances is not affected."
[1973 c 152 § 3.]
This applies to RCW
74.04.062 and
to the amendment to RCW
74.04.060 by 1973 c 152 § 1.
74.04.060
B]~ORQ~L
]l~~L
~Q~I!Q]~=
Tl!~-=]!£EPIIQNS-:F]!A1TY~
For the protection of applicants and recipients,
the
department and the county offices and
their respective officers and employees
are prohibited, except as hereinafter provided, from disclosing the contents of any
records, files, papers and communications,
except for purposes directly connected
with the administration of the programs of
this title.
In any judicial proceeding,
except such proceeding as is directly
concerned with the administration of these
programs, such records, files, papers and
communications, and their contents,
shall
be deemed privileged communications and
except for the right of any individual to
inquire of the office whether a named
individual is a recipient of welfare assistance and such person shall be entitled
to an affirmative or negative answer.
However, upon written request of a parent
who has been awarded visitation rights in
an action for divorce or separation, the
department shall disclose to him or her
the current address and location of his or
her natural or adopted children. Information supplied to a parent by the department shall be used only for purposes
directly related to the visitation provisions of the court order of separation or
decree of divorce.
No parent shall disclose such information to any other person
except for the purpose of enforcing visitation provisions of the said order or
decree.
The county
offices
shall
maintain
monthly at their offices a report showing
the names and addresses of all recipients
in the county receiving public assistance
under this title, together with the amount
paid to each during the pr8ceding month.
The provisions of this section shall not
apply to duly designated representatives
of approved private welfare agencies, public officials, members of legislative interim committees and advisory committees
when performing duties directly connected
with the administration of this title,
such as regulation and investigation directly connected therewith:
PROVIDED,
HOWEVER, That any information so obtained
by such persons or groups shall be treated
with such degree of confidentiality as is
required by the federal social security
law.
It shall be unlawful, except as provided
in this section, for any person, body,
association, firm,
corporation or other
agency to solicit, publish, disclose, receive,
make use of, or to authorize,
knowingly permit, participate in or acquiesce in the use of any lists or names for
commercial or political purposes of any
nature. The violation of this section
shall be a gross misdemeanor.
(1973 c 152
§ 1; 1959 c 26 § 74.04.060. Prior:
1953
c 174 § 7; 1950 ex.s. c 10 § 1; 1941 c 128
§ 5; Rem. Supp. 1941 § 10007-106b.]
1973 RCW SUPP.
J
74.04.062
Q1~1QSU~~ QI l!FOS~!!ION IQ
POLICE OFFICER OR IMMIGRATION Qff!CI!~~
up~n--written- request-~f-;-p;rson who has
been properly identified as an officer of
the law with a felony arrest warrant or a
properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to
such officer the current address and location of the person properly described in
the warrant.
[1973 c 152 § 2. J
.§gy~g_hil.i!.Y=:191J
£ 121.:.
see note fol-
lowing RCW 74.04.060.
74.04.150
~!TE LE!I fQR gQ~~I£ !.§.§!.§=
(1971 ex.s. c 281 § 17; 1970 ex.s.
c 92 § 3; 1969 ex.s. c 262 § 66; 1959 c 26
§ 74.04.150.
Prior:
1953 c 174 § 43;
1943 c 172 § 2, part; 1941 c 128 § 3; 1939
c 216 § 10, part; Rem. Supp. 1943 § 10007110a, part.] Repealed by 1973 1st ex.s. c
195 § 133.
TAN£~~
ggcoVE!! QI E!InEN!~ I~PRQg=
If a recipient receives public assistance for which he is
not eligible, or receives public assistance in an amount greater than that for
which he is eligible, the portion of the
payment to which he is not entitled shall
be a debt due the state:
PROVIDED,
That
if any part of any assistance payment is
obtained by a person as a result of a
wilfully false statement, or representation, or impersonation, or other fraudulent device, or wilful failure to reveal
resources or income, one hundred twentyfive percent of the amount of assistance
to which he was not entitled shall be a
debt due the state and shall become a lien
against the real and personal property of
such person from the time of filing by the
department with the county auditor of the
county in which the person resides or owns
property, and such lien claim shall have
preference to the claims of all unsecured
creditors. It shall be the duty of recipients of public assistance to notify the
department within twenty days of the receipt or possession of all income or
resources not previously declared to the
department,
and any failure to so report
shall be prima facie evidence of fraud:
PROVIDED FURTHER, That there shall be no
74.04.300
~~1I BEC!I!~~=~IE~
691
]
74.04.300
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------liability placed upon recipients for receipt of overpayments of public assistance
which result from error on the part of the
department and no fault on the part of the
recipient in obtaining or retaining the
assistance if the recovery thereof would
be inequitable as determined by the director or his designee.
Debts due the state pursuant to the provisions of this section, may be recovered
by the state by deduction from the · subsequent assistance payments to such persons
or may be recovered by a civil action
instituted by the attorney general. (1973
1 st ex. s • c 4 9 § 1 ; 1 9 6 9 ex. s • c 17 3 § 18 ;
1959 c 26 § 74.04.300. Prior:
1957 c 63
§ 3; 1953 c 174 § 35; 1939 c 216 § 27; RRS
§ 10007-127a. )
74.04.530
]ECIPl~MI
]EC~l!IMQ
INDQ~=
IBlAL l]~UR!NCE CO~R~li~!I1Qli==~YBRQ§AT1Qli
B!Qli!~ Ql
~~PARTME!I==1J]N-=!1!fiHObQ
!!Q
Q~l!~B
MQilCE~
Notwithstanding any provisions in Title 51 RCW to the contrary,
by accepting
public assistance from the
department of social and health services,
the recipient thereof shall be deemed to
have subrogated said department to the
recipient•s right to recover net time loss
compensation due to such recipient pursuant to the provisions of Title 51 RCW of
up to eighty percent of the extent of such
assistance or compensation, whichever is
less, furnished to the recipient for or
during the period for which time loss
compensation is payable:
PROVIDED, That
where public assistance has been furnished
to one or more persons to whom such a
recipient owes a duty of support, whether
such duty has been expressed by an order
of court or otherwise, the department•s
right to recover any time loss compensation shall be limited to that part of such
compensation allocated to such persons by
RCW 51.32.090:
PROVIDED, FURTHER, That
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 by the injured
workman or his dependents. The department
of social and health services may assert
and enforce a lien and notice to withhold
and deliver as hereinafter provided to
secure reimbursement of any public assistance paid for or during the period and
for the purposes expressed in this section:
PROVIDED, FURTHER, That no claim
for payment under chapter 73.34 RCW shall
be subject to garnishment, attachment,
levy, or execution. (1973 1st ex.s. c 102
§ 1. 1
[
74.04.540
RECIPIENT RECEIVING 1!QQ~;
!BI!b INSU~!!~j-co~fEN~!TIQl--fQi~ Q! 11EN
!!~ NO!ICE !Q !I1HHQ~ !~ ~11!~]~
The
form of lien and notice to withhold and
deliver in RCW 74.04.530 shall he signed
by the secretary or his authorized repre·
sentative and shall be substantially as
follows:
STATEMENT OF LIEN AND NOTICE
TO WITHHOLD AND DELIVER
TO:
State of Washington,
Labor and Industries
Department
of
NOTICE IS HEREBY GIVEN THAT DURING THE
PERIOD commencing ---------- and ending
----------' the department of social and
health services furnished public assistance to
in the amount of
$ _______:;-and-therefore it claims a
lien in the amount of $ __________ . upon
time loss compensation payable to said
recipient for or during said period in the
amount above stated.
You are therefore
commanded to withhold and deliver to the
department of social and health services,
to the extent of the amount claimed due,
any funds you now hold or which may come
into your possession on account of time
loss compensation payable to said recipient for or during the period mentioned.
STATE OF WASHINGTON, DEPARTMENT
OF SOCIAL AND HEALTH SERVICES
BY
____________ _
---~Tit19f
[1973 1st ex.s. c 102 § 2.]
74.04.550
@CIPIMI R!£EI!I!li IID2Y~::
TRI!b
IN~YR!!£~
COMPENSATION--EFFECTIVE
DATE oF LIEN AND -roTicE- sERv!£E. Tiie
etfective--aate--of the statement of lien
and notice to withhold and deliver provided in RCW 74.04.540, shall be the day that
i t is received
by the director of the
department of labor and industries or an
employee of his office of suitable discretion:
PROVIDED, That service of such
statement of lien and notice to withhold
and deliver may be made personally or by
regular mail, postage prepaid:
PROVIDED,
FURTHER, That a copy of the statement of
lien and notice to withhold and deliver
shall be mailed to the recipient at his
last known address by certified mail,
return receipt requested, no later than
three days after such statement of lien
and notice to withhold and deliver has
been mailed or delivered to the department
of labor and industries. [ 1973 1st ex.s.
c 102 § 3.)
74.04.560
RECIPIENT li]£El!I!2 IND~~::
TRIAL INSURANCE---cOMPENSATION--~Q!I
IQ
WITHHOLD--AND-DELIVER--AMOUN~ The director-of~he-departmen~-ribor and industries,
following receipt of the statem~nt
of lien and notice to withhold and del~vÂ
er, shall deliver to the secretary of the
692 )
74.04.630
GENERAL PROVISIONS--ADMINISTRATION
--------------------------------------------------------------------------------------department of social and health services
or his designee any funds up to the amount
claimed he may hold, or which may at any
time come into his possession, on account
of time loss compensation payable to said
recipient for or during the period stated,
immediately upon a final determination of
the recipient's entitlement to the time
loss compensation in accordance with the
provisions of Title 51 RCW. [1973 1st
ex.s. c 102 § 4.]
74.04.570
RECIPIENT gEC~I!I~~ INDUSINSURANCE---COMPENSATION--HEARING:
Any person--feeling--himself-aggrieved-by
the action of the department of social and
health services in impounding his time
loss compensation as provided in RCW 74.04.530 through 74.04.580 shall have the
right to an administrative hearing, which
hearing may be conducted by an examiner
designated by the secretary for
such
purpose.
Any such person who desires a hearing
shall, within thirty days after the notice
to withhold and deliver has been mailed to
or served upon the director of the department of labQr -and industries and said
appellant, file with the secretary a notice of appeal from said action.
The hearings conducted shall be in accordance with chapter 34.04 RCW
(Administrative Procedure Act). [1973 1st ex.s. c
102 § 5.]
I£1!1
74.04.580
RECIEI~!I
B~~EI!I!Q I!QQ~=
IB1A1 IH~YB!H~ ~Q~E~H~!IION:=!ff1lf!TIO!~
RCW 74.04.530 through 74.04.580 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. [1973 1st ex.s. c 102 § 6.]
74.04.600
SUPPL~H~HI!1 ~~~YRI!I I!£Q~~
E.!illGRAM=-~Q~b
The purpose of RCW 74•
.04.600 through 74.04.650 is to recognize
and accept that certain act of congress
known as Public Law 92-603 and Public Law
93-66, and to enable the department of
social and health services to take advantage of and implement the provisions of
that act. The state shall provide assistance to those individuals who were eligible or would have been eligible
for
benefits under this state's old age assistance, disability assistance, and aid to
the blind programs as they were in effect
in December, 1973 but who will no longer
be eligible for such program due to Title
XVI of the social Security Act. [1973 2nd
ex. s. c 10 § 1. ]
74.04.610
~YPPLEftEN!!1 ~t~YRITY I~~
PROGRAM--TERMINATION OF FEDERAL FINANCIAL
!ssrsTANct PAYMENIS- suPERSESSlQH BY- ~uP=:
filME.!!IAL SE~URITI IN~ f!ill~!!!~~ Effective January 1, 1974,
the
financial
assistance payments under the federal aid
1 973 RCW SUPP.
categories of old age assistance, disability assistance, and blind assistance pro•
vided in chapters 74.08, 74.10, and 74.16
RCW, respectively, and the corresponding
provisions of RCW 74.04.005, shall be
terminated and superseded by the national
program to provide supplemental security
income to individuals who have attained
age sixty•five or are blind or disabled as
established by Public Law 92-603 and Pub•
lic Law 93-66:
PROVIDED, That the agreements between the department of social and
health services and the United States
department of health, education and welfare receive such legislative authoriza·
tion and/or ratification as required by
RCW 74.04.630.
(1973 2nd ex.s. c 10 § 2.]
74.04.620
~!TE
TIQH.li gROGR!.li OF
SUff~~~NTATlQN
2QPPU~AL
!Q
~=
~~lli!I
IN~Qg=AUTHQgiZED.!..
The department is authorized to establish a program of state
supplementation to the national program of
supplemental security income consist~nt
with Public Law 92-603 and Public Law 9366 to those persons who are in need
thereof in accordance with eligibility
requirements
established
by
the
department.
The department is authorized to establish reasonable standards of assistance
and resource and income exemptions specifically for such program of state supplementation which shall be consistent with
the provisions of the social Security Act.
[1973 2nd ex.s. c 10 § 3.]
74.04.630
STATE
TIQH!1 g!!Q~g!~ OF
sugg~~!!!!!QN
SUEf1~~~fiAL
IH~Q~==CONIRA~I~A1 AG~~~!!2
IQ H!=
~~~Qgl!I
!!ID l~Q~B=
AL QQ!ERNM~~!==!UTllQRI~!!lQ~ A!Q g!IIFI~!=
!IQ! B]&UIB~Q~ The department shall enter
into contractual agreements with the United States department of health, education
and welfare, consistent with the provisions of Public Laws 92-603 and 93-66, and
to be effective January 1, 1974, for the
purpose of enabling the secretary of the
department of health, education and welfare to perform administrative functions
of state supplementation to the national
supplemental security income program and
the determination of medicaid eligibility
on behalf of the state. The department is
authorized to transfer and make payments
of state funds to the secretary of the
department of health, education and welfare as required by Public Laws 92-603 and
93-66:
PROVIDED, HOWEVER,
That
such
agreements shall be submitted for review
and comment to the social and health
services committees of the senate and
house of representatives, and shall be
subject to authorization and/or ratification by the legislative budget committee,
and such agreements shall not bind the
state unless and until such authorization
and/or ratification is given:
PROVIDED
FURTHER, HOWEVER, That if the authorization and ratification is not given, the
[ 693 ]
74.04.630
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------department of social and health services
shall administer the state supplemental
program as established in RCW 74.04.620.
( 1973 2nd ex.s. c 10 § 4.]
74.04.640
1~AIIQBA1
!£~]R1A~~]
OF
R~l]RRALS
fQ]
74.08.048
GRANTS IQ BE ON
UNIFORft
STATE-WIDE BASIS:--Grants shall-be
on-a-uniform-state-wide basis in accordance with standards of assistance established by the department for
general
assistance to unemployable persons. (1973
1st ex.s. c 35 § 2.]
awarded
g]MA]l11I!IlQ!==R~I~]URS~~~!~
Referrals to the state department of social and health services for vocational
rehabilitation made in accordance with
section 1615 of Title XVI of the Social
Security Act, as amended, shall be accepted by the state.
The department shall be reimbursed by
the secretary of the department of health,
education and welfare for the costs it
incurs in providing such vocational rehabilitation services. [1973 2nd ex.s. c 10
§ 5.)
74.04.650
INDIVIDQA~ I!I11!§ TO
~OM=
PLY WITH FEDERAL DRUG ABUSE AND ALCOHOLISM
IR~AT~t!! RE.QQIREMENTs::R]AP£"1ICA1ION FOB
~TA!]
ASSI~TA!ft ~!2Ql~~
Notwithstanding any other provisions of RCW 74.04.600
through 74.04.650 for those individuals
who have been receiving supplemental security income assistance and failed to comply with federal requirements relating to
drug abuse and alcoholism treatment and
rehabilitation shall be required to reapply for state assistance programs to be
eligible for state assistance. ( 1973 2nd
ex.s. c 10 § 6.)
74.08.370
!GE
ASSISTANCE
~RA~!~
assistance grants under this title shall
be a charge against and payable out of the
general fund of the state. Payment thereof shall be by warrant drawn upon vouchers
duly prepared and verified by the secretary of the department of social and
health services or his official representative. (1973 c 106 § 33;
1959 c 26 §
74.08.37ry. Prior:
1935 c 182 § 24; RRS §
9998-24.
FORMER PART OF SECTION: 1935 c
182 § 25; RRS § 9998-25, now codified as
RCW 74.08.375.]
74.08.530
HQMEMAKEg=HQME
tl~lBL
!liQ ~~R~QNA1 AliR liQ~Q1Q SER!=
~t~=LEGI~1!!llt
rrNDING.:..
The legislature finds that it is desirable to provide
certain services for certain citizens in
order that such persons may remain in
their own homes and maintain a closer
contact with the community. Such a program will seek to prevent mental and
psychological deterioration which our citizens might otherwise experience. ( 1973
1st ex.s. c 51§ 1.]
ftlQ]~
74.08.540
llQ~~~!~R-HO~~
BEA1l~L
~BQR~ !ND ~~RSONA1 !!R liQ~EfiQ1Q ~EB!=
lfE~==Qti1!II1Q~~==~Y!fQ~==ELI§Ig1~ fEE=
Chapter 74.08
ELIGIBILITY GENERALLY--STANDARDS OF
ASSISTANCE--OLD AGE ASSISTANCE
~Q!~.:..
74.08.047
GENERAL ASSISTANCE FOR PER~Qli~ !!IENQili2-lliGH-~~BQQ1 -QE--YQ~!!Ioi!1
Q] I~B~I~!1 ~1QIIQM~ The department
shall provide general assistance to any
person who meets the eligibility requirements of RCW 74.08.025 and who at the time
of attaining the age of eighteen years is
attending a state approved high school or
vocational or technical training institution and is a recipient or beneficiary of
"public assistance" as defined in RCW
74.04.005 (1): PROVIDED, That such general assistance shall continue so long as
the person continually attends school on a
full time basis in accordance with the
requirements of the appropriate school
authorities, through the end of the school
year immediately following the person's
eighteenth birthday:
PROVIDED FURTHER,
That the department of social and health
services is authorized to extend this
limitation for one additional year if in
the opinion of the department such extension will result in the completion of a
secondary education. [1973 1st ex.s. c 35
§ 1.
OLQ
CH!R§~Q AGAJJ!§.! ~]!!RAL FuND~Ail old age
J
[ 694
(1)
The term "services" shall
include homemaker-home health services,
chore services and personal and household
services.
(2)
The goal of the
homemaker-home
health service within the department of
social and health services shall he to
maintain, strengthen, improve and safeguard home and family life by augmenting
professional services in homes where there
are social and/or health needs which interfere with the independent functioning
of an individual or family.
The principal purpose of the homemaker·
home health service shall be:
(a)
To keep the family together while
the natural homemaker is incapacitated,
either in or out of the home; and to
prevent family breakdown for any other
reason, thus avoiding the shock of sep~Â
rating children from their parents, the~r
brothers and sisters, their schools, the~r
friends.
(b)
To enable the elderly, the chronically ill, the mentally ill, retarded~ ?r
otherwise disabled individual to rema~n ~n
or return to his own home among familiar
surroundings whenever possible in accordance with RCW 74.08.283.
]
MEDICAL CARE
74.09.160
--------------------------------------------------------------------------------------(c) To permit an individual to remain
at home, or, to return home sooner than he
otherwise could from an institution. This
will allow for more appropriate utilization of hospitals, nursing homes, and
other facilities.
It will help offset the
cost of expensive institutional care for
the
family,
the
individual and the
community.
{d) To keep the employed adult on the
job who otherwise must take unscheduled
time off to care for children, an elderly
parent, or an ill relative.
(e) To help individuals and families
learn better management of daily living,
including improved child-rearing practices
and self-care.
(3} Housekeeping
service shall mean
service primarily concerned with the performance of household tasks and the physical care of small children where required.
Housekeeping services do not include the
assumption of parental duties normally
associated with the direction and management of children.
Housekeeping service is an additional
requirement when the normal caretaker of
the children:
(a)
Is in the home (except for a temporary period)
and retains responsibility
for direction and management
of
the
children;
(b)
Is in the home but is physically
unable to perform the necessary household
services and/or physical care of children
without assistance; and
(c) Is not available and there is no
person available to render the service
without cost.
(4)
Chore services includes the provision of household and personal care as
needed to give attention and protection
for the client's safety and well-being.
Chore services means services in performing light work, household tasks or
personal care which eligible persons are
unable to do for themselves because of
frailty or other conditions. Chore services include, but are not limited to
assisting in keeping client and home neat
and clean, preparation of meals, help in
shopping, lawn care, simple household repairs, running errands, wood chopping, and
other tasks as required.
Eligible persons shall be recipients of
old age assistance,
aid to the blind,
disability assistance, and general assistance to the unemployable who are potential disability assistance
recipients,
nonrecipients sixty-five years old or over
released from a mental institution who are
eligible for medical assistance under the
state's Title XIX plan, and those potential recipients who would otherwise be
eligible for public assistance if the cost
of this service were an additional grant
requirement. (1973 1st ex.s. c 51§ 2.]
1973 RCW SUPP.
74.08.550
£HQ~~L
ANQ
BQ~E~!~E=BQ~E
R~~~NA1
A!Q
BE!b!BL
HQQ~~HQ1Q ~~BY=
ICES--DEPARTMENT TO DEVELOP PROGRAM.
The
department--of--social-and-health-services
is authorized to develop a program to
provide for those services enumerated in
RCW 74.08.540.
(1973 1st ex.s. c 51 § 3.]
74.08.560
CHQRIL ANQ
tiQMEMAK~B=liQ~
li]Ab!liL
~EB~NA1
ANQ fiQUS!fiQ1Q ~BY=
ICES--EMPLOYMENT
OF PUBLIC ASSISTANCE RE-
CifiENTS~--In-developlng-the--program- set
forth in RCW 74.08.550, the department
shallt to the extent possible, and consistent with federal law, enlist the services
of persons receiving grants under the
provisions of chapter 74.08 RCW and chapter 74.12 RCW to carry out the services
enumerated under RCW 74.08.540 herein. To
this end, the department shall establish
appropriate rules and regulations d~signed
to determine eligibility for employment
under this sectiont as well as regulations
designed to notify persons receiving such
grants of eligibility for such employment.
The department shall further establish a
system of compensation to persons employed
under the provisions of this section which
provides that any grants they receive
under chapter 74.08 RCW or chapter 74.12
RCW shall be diminished by such percentage
of the compensation received under this
section as the department shall establish
by rules and regulations. (1973 1st ex.s.
c51§4.]
Chapter 74.09
MEDICAL CARE
74.09.160
PRESENTMENT
OF
CONTRACTORS--REVOLVING~UNDS~
CHABg~~
~I
Each vendor
orgroup who -hasacontractand is rendering service to eligible persons as defined
in this chapter shall submit such charges
as agreed upon between the department and
the individual or group on a monthly basis
and shall present their final charges not
more than sixty days after the termination
of service.
If the final charges are not
presented within the sixty day period they
shall not be a charge against the state
unless previous extension in writing has
been given by the department. Said sixty
day period may also be extended by regulation, but only if required by applicable
federal law or regulation, and to no more
than the extension of time so required.
The department is authorized to set up a
medical prepayments revolving fund,
or
funds, to be used solely for the payment
of medical care. Deposits into this fund
or these funds shall be made from the
appropriation for medical care.
Such deposits shall be based upon a per capita
amount per beneficiary, said amounts to be
determined by the department from time to
time. The department may set up such fund
or funds to cover any one, several, or all
items of the medical care costs of one,
( 695 J
74.09.160
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------several, or all public assistance programs
as deemed most advantageous by the secretary for the best interests of the state:
PROVIDED, That in the event such fund, or
funds is, or are dissolved, the federal
government shall be reimbursed for its
proportionate share of contributions into
such fund or funds. [1973 1st ex.s. c 48
§ 1; 1959 c 26 § 74.09.160. Prior:
1955
c 273 § 17.)
Chapter 74.12
AID TO FAMILIES WITH DEPENDENT CHILDREN
74.12.010
DEFINITIONS. For the purposes of the-administration of aid to
families with dependent children assistance, the term "dependent child" means
any child in need under the age of eighteen years who has been deprived of parental support or care by reason of the
death, continued absence from the home, or
physical or mental incapacity of the parent, and who is with his father, mother,
grandmother, grandfather, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew,
or niece, in a place of residence maintained by one or more of such relatives as
his or their homes. The term a "dependent
child" shall, notwithstanding the foregoing, also include a child who would meet
such requirements except for his removal
after April 30, 1961, from the home of a
relative specified above as a result of a
judicial determination that continuation
therein would be contrary to the welfare
of such child, for whose placement and
care the state department of social and
health services or the county office is
responsible, and who has been placed in a
licensed or approved child care institution or foster home as a result of such
determination and who:
(1) Was receiving
an aid to families with dependent children
grant for the month in which court proceedings leading to such determination
were initiated; or (2) would have received
aid to families with dependent children
for such month if application had been
made therefor; or (3) in the case of a
child who had been living with a specified
relative within six months prior to the
month in which such proceedings were initiated, would have received aid to families with dependent children for such
month if in such month he had been living
with such a relative and application had
been made therefor, as authorized by the
social Security Act: PROVIDED, That the
director shall have discretion to provide
that aid to families with dependent children assistance shall be available to any
child in need who has been deprived of
parental support or care by reason of the
unemployment of a parent or stepparent
liable under this chapter for the support
of such child, to the extent that matching
funds are available from the
federal
government.
"Aid to families with dependent children" means money payments, services, and
remedial care with respect to a dependent
child or dependent children and the needy
parent or relative with whom the child
lives and may include the spouse of such
relative if living with him and if such
relative is the child's parent and the
child is a dependent child by reason of
the physical or mental incapacity or unemployment of a parent or stepparent liable
under this chapter for the support of such
child. [1973 2nd ex.s. c 31 § 1; 1969
ex.s. c
173 § 13; 1965 ex.s. c 37 § 1;
1963 c 228 § 18; 1961 c 265 § 1; 1959 c 26
§ 74.12.010.
Prior: 1957 c 63 § 10; 1953
c 174 § 24; 1941 c 242 § 1; 1937 c 114 §
1; Rem. Supp. 1941 § 9992-101.)
74.12.340
~X CARE~
The department is
authorized to promulgate rules and regula•
tions governing the provision of day care
as a part of child welfare services when
the secretary determines that a need exists for such day care and that it is in
the best interests of the child, the
parents, or the custodial parent and in
determining the need for such day care
priority shall be given to geographical
areas having the greatest need for such
care and to members of low income groups
in the population:
PROVIDED, That where
the family is financially able to pay part
or all of the costs of such care, fees
shall be imposed and paid according to the
financial ability of the family.
[1973
1st ex.s. c 154 § 111; 1963 c 228 § 30.)
~g~ggruJJ.1L-::J17 3 1.§!! gz.&.:.
note following RCW 2.12.030.
~
12f!1 see
Chapter 74.13
CHILD WELFARE SERVICES
74.13.031
DUTIES OF DEPARTMENT--ESTABOF CHILn- WELFA~iND-Di!-ciRE
ADVISORY -COMMITTEE--DUTY-- OF-- JUVENILE
coQRi~-The -aepartmefits"han "have t"hediit"Y
to provide child welfare services as defined in RCW 74.13.020, and shall:
(1)
Develop, administer, and supervise
a plan that establishes, extends aid to,
and strengthens services for the protection and care of homeless, dependent or
neglected children, or children in danger
of becoming delinquent.
(2)
Investigate complaints of neglect,
abuse,
or abandonment of children by parents, guardians, custodians, or perso~s
serving in loco parentis, and on the bas1s
of the findings of such investigation,
offer -child welfare services in relation
to the problem to such parents, guardians,
custodians or persons serving in loco
parentis, and/or bring the situation to
the attention of an appropriate court, or
another community agency. If the investigation reveals that a crime may have been
1I~fi~~!I
( 696 )
CHILD WELFARE SERVICES
74.13.142
--------------------------------------------------------------------------------------committed, notify the appropriate law enforcement agency.
(3)
Cooperake with other public and
voluntary agencies and organizations in
the development and coordination of programs
and
activities
in
behalf of
children.
(4)
Have authority to accept custody of
children from parents, guardians, and/or
juvenile courts, to provide child welfare
services including placement for adoption,
and to provide for the physical care of
such children and to make payment of
maintenance costs if needed. A child in
need of detention, whether alleged to be
dependent or delinquent, shall, prior to
findings and disposition by the court
pursuant to RCW 13.04.095, be the responsibility of and provided for by the juvenile court.
(5)
Have authority to purchase care for
children and shall follow in general the
policy of using properly approved private
agency services for the actual care and
supervision of such children insofar as
they are available,
paying for care of
such children as are accepted by the
department as eligible for support at
reasonable .rates
established
by
the
department.
(6)
Establish a child welfare and day
care advisory committee who shall act as
an advisory committee to the state advisory committee and to the secretary in the
development of policy on all matters pertaining to child welfare, day care, licensing of child care
agencies,
and
services related thereto. [1973 1st ex.s.
c 101 § 2; 1967 c 172 § 17.]
74.13.106
!QOPTIO! ~UPPORI ACCQUN!==
CREATED--SOURCE--USE--PILOT PROJECT--FEDERAL--ruNDS--GI~~ND--GRANTS:-~ fees
paid for-adoption-services-pursuant to Rcw
26.32.115 and 74.13.100 through 74.13.145
during the 1971-1973 and 1973-1975 fiscal
bienniums shall be credited to an adoption
support account, hereby created, in the
general fund.
Expenses incurred in connection with supporting the adoption of
hard to place children shall be paid by
warrants drawn against such account.
The
secretary may also from time to time
transfer to such account from appropriations available to him for care of children in foster acmes and child-caring
institutions such sums as in his judgment
will enable him to carry out a pilot
project to demonstrate the value of a
program of adoption support. In carrying
out such pilot project the secretary is
authorized to use the funds made available
to him pursuant to RCW 26.32.115 and
74.13.100 through 74.13.145, or, in his
discretion, any portion thereof, to formulate, approve, implement or otherwise act
pursuant to RCW 74.08.390, to develop and
1973 RCW SUPP.
set up a pilot adoption support project at
such level as he deems appropriate, consistent with the purposes set forth in RCW
74.13.100.
The secretary may develop and
approve such a project whether formulated
within or outside the department, and may
for such purposes, contract with any public agency or licensed child placing agency
and/or
adoptive
parent
and
is
authorized to accept funds from other
sources including federal, private and
other public funding sources to carry out
such project.
The secretary shall make a full report
to the legislature during the 1973 and
1975 legislative sessions concerning such
pilot project including an analysis by the
secretary of any savings in foster care
and institutional care for hard to place
children realized and estimated to be
realized in the future as a result of a
program of adoption support of the kind
provided for in RCW 26.32.115 and 74.13.100 through 74.13.145.
The secretary shall actively seek, where
consistent with the policies and programs
of the department, and shall make maximum
use of,
such federal funds as are or may
be made available to the department for
the purpose of supporting the adoption of
hard to place children.
The secretary
may, if permitted by federal law, deposit
federal funds for adoption support, aid to
adoptions, or subsidized adoption in the
adoption support account of the general
fund and may use such funds, subject to
such limitations as may be imposed by
federal law, to carry out the program of
adoption support authorized by RCW 26.32.115 and 74.13.100 through 74.13.145.
The secretary may also deposit in such
account and disburse therefrom all gifts
and grants from any nonfederal source,
including public and private foundations,
which may be used for the program of
adoption support authorized by RCW 26.32.115 and 74.13.100 through
74.13.145.
[1973 c 61 § 1; 1971 ex.s. c 63 § 3.]
74.13.142
!~RMINATIQ]
OF QIB~£IQR~~
AUTHORITY TO PROVIDE ADOPTION SUPPORT.
The--authority granted to-the-secretary-In
RCW 26.32.115
and
74.13.106
through
74.13.139 to provide adoption support to
prospective parents who adopt hard to
place children shall terminate on June 30,
1975 unless such authority is hereafter
extended by law: PROVIDED, That payments
shall be continued by the secretary subject to annual review as provided in RCW
26.32.115 and 74.13.106 through 74.13.139
for all hard to place children for whom
adoption support agreements have been entered into by the secretary on or before
June 30, 1975. (1973 c 61 § 2; 1971 ex.s.
c63§16.]
[ 697 ]
Ch. 74.15
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------Chapter 74.15
AGENCIES--CHILDREN, EXPECTANT "OTHERS,
ADULT RETARDED--CARE, PLACE~ENT
Cross Refe~ences:
Adoption: Chapter 26.32 RCW.
Filiation proceedings:
Chapter
RCW.
Infants: Chapter 26.28 RCW.
available to all applicants for support
enforcement services.
The secretary may,
on showing of necessity,
waive or defer
any such fee.
(1973 1st ex.s. c 183 § 1;
1971 ex.s. c 213 § 1; 1963 c 206 § 3; 1959
c 322 § 5. )
26.24
74.20.101
CO~&~~I~Q
~ER!ICE2~
~
Qr ~~R!RTMENI IQ ~=
~UPfQ!!.!==~J!ffQRI
ID!.!:.QR£EMENI
Whenever the department of social and health services receives an application for public assistance on behalf
of a child and it shall appear to the
satisfaction of the department that said
child has been abandoned by its parents or
that the child and one parent have been
abandoned by the other parent or that the
parent or other person who bas a responsibility for the care, support, or maintenance
of
such
child has failed or
neglected to give proper care or support
to such child, the department shall take
appropriate action under the provisions of
this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state to insure that such
parent or other person responsible shall
pay for the care, support, or maintenance
of said dependent child.
The secretary may accept applications
for support enforcement services on behalf
of persons who are not recipients of
public assistance and may take action as
he deems appropriate to establish or enforce support obligations against persons
owing a duty to pay support.
Action may
be taken under the provisions of chapter
74.20 RCW, the abandonment or nonsupport
statutes, or other appropriate statutes of
this state, including but not limited to
remedies established in chapter 74.20A
RCW, to establish and enforce said support
obligations. The secretary may establish
by regulation, such reasonable standards
as he deems necessary to limit applications for support enforcement services.
Said standards shall take into account the
income,
property, or other resources already available to support said person for
whom a support obligation exists.
The secretary may charge a fee to compensate the department for services rendered in establishment of or enforcement
of support obligations. This fee shall be
agreed on in writing with the custodian or
guardian of the person for whom a support
obligation is owed, or that person if no
custodian or guardian exists and shall be
limited to not more than ten percent of
any support money collected as a result of
action taken by the secretary. The secretary shall by regulation establish reasonable fees for support enforcement services
and said schedule of fees shall be made
(
Ql
~QREQBI
~lirQ~g!i!_
~QB~I]
ANI! COt_:,
!&£IIQNS !!liii=!QIT£!..:.
Whenever, as a
result of any action, support money is
paid by the person or persons responsible
for support, such payment shall be paid
through the support enforcement and collections unit of the state department of
social and health services upon written
notice by the department to the responsible person or to the clerk of the court,
if appropriate, that the children for whom
a support obligation exists are receiving
public assistance. [1973 1st ex.s. c 183
§ 2; 1969 ex.s. c 173 § 16.)
Chapter 74.20
SUPPORT OF DEPENDENT CHILDREN
74.20.o4o
rQl!CE ~l!Ill
~!~EB!
!Q SUfROR!
74.20.220
POURS Qr M£!!!.II'lEJi! THRO!!QJ!
THE ATTORNEY GENERAL. In order to carry
-rts--responsibilities imposed under
this chapter, the state department of
public assistance, through the attorney
general, is hereby authorized to:
(1)
Represent a dependent child or dependent children on whose behalf public
assistance is being provided in obtaining
any support order necessary to provide for
his or their needs or to enforce any such
order previously entered.
(2)
Appear as a friend of the court in
divorce and separate maintenance suits, or
proceedings supplemental thereto, when either or both of the parties thereto are
rece1v1ng public assistance, for the purpose of advising the court as to the
financial
interest
of
the state of
Washington therein.
(3)
Appear on behalf of the custodial
parent of a dependent child or children on
whose behalf public assistance is being
provided, when so requested by such par•
ent, for the purpose of assisting such
parent in securing a modification of a
divorce or separate maintenance decr~e
wherein no support, or inadequate support,
was given for such child or children:
PROVIDED, That the attorney general shall
be authorized to so appear only where it
appears to the satisfaction of the court
that the parent is without funds to employ
private counsel. If the parent does n~t
request such assistance, or refuses 1t
when offered, the attorney general may
nevertheless appear as a friend of the
court at any supplemental proceeding, ~nd
may advise the court of such facts as w1ll
show the financial interest of the state
of washington therein; but th7 ~ttorn7y
general shall not otherwise part1c1pate 1n
the proceeding.
(4)
If public assistance has been ~pÂ
plied for or granted on behalf of a ch1ld
of parents who are divorced or legally
separated, the attorney general may apply
out
698
J
SUPPORT OF DEPENDENT CHILDREN
74.20A.030
--------------------------------------------------------------------------------------to the superior court in such action for
an order directing either parent or both
to show cause:
(a)
Why an order of support for the
child should not be entered, or
(b)
Why the amount of support previously ordered should not be increased, or
(c)
Why the parent should not be held
in contempt for his failure to comply with
any order of support previously entered.
(5) Initiate any
civil
proceedings
deemed necessary by the department to
secure reimbursement from the parent or
parents of minor dependent children for
all moneys expended by the state in providing assistance or services to said
children. (1973 1st ex.s. c 154 § 112;
1969 ex.s. c 173 § 15; 1963 c 206 § 1.]
74.20.230
f~IIT!Qli
rQ~
~~ffQRT ORDE]
BY MARRIED PARENT WITH MINOR OR LEGALLY
ADOPTED--CHILDREN WHO-A]j-REC~l!ING-gUBLI£
!~!STANCE~
Any married parent with minor
children, natural or legally adopted children who is receiving public assistance
may apply to the superior court of the
county in which such parent resides or in
which the spouse may be found for an order
upon such spouse, if such spouse is the
natural or adoptive mother or father of
such children, to
provide
for
such
spouse•s support and the support of such
spouse's minor children by filing in such
county a petition setting forth the facts
and circumstances upon which such spouse
relies for such order. If it appears to
the satisfaction of the court that such
parent is without funds to employ counsel,
the state department of social and health
services through the attorney general may
file such petition on behalf of such
parent.
If satisfied that a just cause
exists, the court shall direct that a
citation issue to the other spouse requiring such spouse to appear at a time set by
the court to show cause why an order of
support should not be entered in the
matter. [1973 1st ex.s. c 154 § 113; 1963
c 206 § 8. ]
~g~~sBili!y_-=J97l 12! g~2~ £ 1~~~
note following RCW 2.12.030.
see
74.20.300
DEPARTM~!1 EXE~f! r~ FEES~
No filing or recording fees, court fees,
fees for making copies of documents or
fees for service of process shall be
required from the state department of
social and health services by any county
clerk, county auditor, sheriff or other
county officer for the filing of any
actions or documents authorized by this
chapter, or for the service of any summons
or other process in any action or proceeding authorized by this chapter. [1973 1st
ex.s. c 183 § 3; 1963 c 206 § 15.]
1973 RCW SUPP.
Chapter 74.20A
SUPPORT OF DEPENDENT CHILDREN--ALTERNATIVE
METHOD--1971 ACT
74.20A.030
PAYMENT
OF
IAN£~ lQB £H!1Q-CONSTII~TE~
R!B!~E!!
RQ]1!£
Q~~!
]! BA!URAL QB !]QPTJ!E
LIMITATIONS--DEPARTMENT
!~~!~=
!Q
Q~=
R!S~]!~==
SUBROGATED
TO
RI~flTS:---Except--as-proviaea-I~-this sec:
tion and in *section 27 of this 1973
amendatory act, any payment of public
assistance money made to or for the benefit of any dependent child or children
creates a debt due and owing to the
department by the natural or adoptive
parent or parents who are responsible for
support of such children in an amount
equal to the amount of public assistance
money so paid:
PROVIDED, That where there
has been a superior court order, the debt
shall be limited to the amount provided
for by said order.
The department shall
have the right to petition the appropriate
superior court for modification of a superior court order on the same grounds as a
party to said cause.
Where a child has
been placed in foster care, and a written
agreement for payment of support has been
entered into by the responsible parent or
parents and the department, the debt shall
be limited to the amount provided for in
said agreement: PROVIDED, That if a court
order for support is or has been entered,
the provisions of said order shall prevail
over the agreement. The department shall
adopt rules and regulations, based on
ability to pay, with respect to the level
of support to be provided for in such
agreements,
or
modifications of such
agreements based on changed circumstances.
The department shall be subrogated to
the right of said child or children or
person having the care, custody, and control of said child or children to prosecute or maintain any support action or
execute any administrative remedy existing
under the laws of the state of Washington
to obtain reimbursement of moneys thus
expended.
If a superior court order enters judgment for an amount of support to
be paid by an obligor parent, the department shall be subrogated to the debt
created by such order, and said money
judgment shall be deemed to be in favor of
the department. This subrogation shall
specifically be applicable to temporary
spouse support orders, family maintenance
orders and alimony orders up to the amount
paid by the department in public assistance moneys to or for the benefit of a
dependent child or children but allocated
to the benefit of said children on the
basis of providing necessaries for the
caretaker of said children.
Debt under this section shall not be
incurred by nor at any time be collected
from a parent or other person who is the
recipient of public assistance moneys for
the benefit of minor dependent children
for the period such person or persons are
[ 699 ]
7ij.20A.030
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------in such status. [1973 1st ex.s. c
4; 1971 ex.s. c 164 § 3.)
183
§
*Reviser's !lQ!~ "section 27 11 referred
to-herein-was vetoed and thus failed to
become law.
74.20A.040
~ASED
Qf.QH
!Q!ICE
~UBROGATIO:[
Qf
~Qff.QR!
~~!
IQ. OR AS§l.GNM~ll Qf
!J:UDGMEN.!::-SElliCE ~ ]1!JLlli2==£0NT~l!!L-=
ACTIQ] Qli~ li~ The secretary may issue
a notice of a support debt accrued and/or
accruing based upon subrogation to or
assignment of the judgment created by a
superior court order. Said notice may be
served upon the debtor in the manner
prescribed for the service of a summons in
a civil action or be mailed to the debtor
at his last known address by certified
mail, return receipt requested,
demanding
payment within twenty days of the date of
receipt. Said notice of debt shall include a statement of the support debt
accrued and/or accruing, computable on the
amount required to be paid under any
superior court order to which the department is subrogated or has an assigned
interest; a statement that the property of
the debtor is subject to collection action; a statement that the proper,ty is
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 support debt. Action
to collect said subrogated or assigned
support debt by lien and foreclosure, or
distraint, seizure and sale, or order to
withhold and deliver shall be lawful after
twenty days from the date of service upon
the debtor or twenty days from the receipt
or refusal by the debtor of said notice of
debt.
( 1973 1st ex.s. c 183 § 5; 1971
ex.s. c 164 § 4.]
74.20!.050
l!QII~
Q!
SUPPORT DEBT
BASED QfQ.H f.!YMENI .Qr f.!m1IC -_a~~IST!NCE
~ERVI CE==£0N!!!lcr2==£QLL]£I.Um
ill!lill_-::
fAIR flEAR!!2--FILING
!lig
~~li!!!Q
OF
11]NS--BQ~g lQ li~LEASE Ll~li~~
In the
absence of a superior court order the
secretary may issue a notice of a support
debt accrued and/or accruing based upon
payment of public assistance to or for the
benefit of any dependent child or children. Said notice of debt shall be served
upon the debtor in the manner prescribed
for the service of summons in a civil
action, including summons by publication
where appropriate and necessary. The notice of debt shall include a statement of
the support debt accrued and/or accruing,
computable on the basis of the amount of
public assistance previously paid and to
be paid in the future: a statement of the
amount of the monthly public assistance
payment; a statement of the name of the
recipient and the name of the child or
children for whom assistance is being
paid;
a demand for immediate payment of
=
the support debt or in the alternative, a
demand that the debtor make answer within
twenty days of the date of service to the
secretary stating defenses to liability
under RCW 71+.20A.030; a statement that if
no answer is made on or before twenty days
from the date of the service, the support
debt shall be assessed and determined
subject to computation, and is subject to
collection action; a statement that the
property of the debtor will be subject to
lien and foreclosure, distraint, seizure
and sale, or order to withhold and deliver.
If no answer is had by the secretary
to the notice of debt on or before twenty
days of the date of service, the support
debt shall be assessed and determined
subject to computation and the secretary
shall issue a collection warrant authorizing collection action under this chapter.
If the debtor, within twenty days of date
of service of the notice of debt, makes
answer to the secretary alleging defenses
to liability under RCW 74.20!.030, said
debtor shall have the right to a fair
hearing pursuant to RCW 74.08.070 and
74.08.090. The decision of the department
in the fair hearing shall establish the
liability of the debtor, if any, for
repayment of public assistance moneys expended to date as an assesse,d and determined
support
debt.
Action by the
secretary under the prov1s1ons of this
chapter to collect said support debt shall
be lawful from the date of issuance of the
decision in the fair hearing.
If the
secretary reasonably believes that the
debtor is not a resident of this state, or
is about to move from this state, or has
concealed
himself, absconded, absented
himself or has removed or is about to
remove, secrete, waste, or otherwise dispose of property which could be made
subject to collection action to satisfy
the support debt, the secretary may file
and serve liens pursuant to RCW 74.20A.060
and 74.20!.070 during pendency of the fair
hearing or thereafter,
whether or not
appealed: PROVIDED, That no further action under RCW 74.20!.080, 74.20!.130 and
74.20A.140 may be taken on such liens
until final determination after fair hearing and/or appeal. The secretary shall in
such cases, make and file in the record of
the fair hearing an affidavit stating the
reasons upon which said belief is founded:
PROVIDED, That the debtor may furnish a
good and sufficient bond satisfactory to
the secretary during pendency of the fair
hearing, or thereafter, and in such case
liens filed shall be released.
If the
decision of the fair hearing is in favor
of the debtor, all liens filed shall be
released. [1973 1st ex.s. c 183 § 6; 1971
ex.s. c 164 § 5.]
[ 700
74 .20A.055
!i.Q!IC~ AND
UND!li2 Ql U.:
NANCIAL RESPONSIBILITY OF RESPONSiill f.!RENT:_ALTERNATIVE--PROCEDflRE.-- As
an
alternilive--to the --hearing and appeal
procedures provided in RCW 74.20A.050, the
J
SUPPORT OF DEPENDENT CHILDREN
74.20A.055
--------------------------------------------------------------------~------------------
secretary may, in the absence of a superior court order, serve on the responsible
parent a notice and finding of financial
responsibility
requiring a responsible
parent to appear and show cause in a
hearing held by the department why the
finding of responsibility
and/or
the
amount thereof is incorrect, should not be
finally ordered, but should be rescinded
or modified.
This notice and finding
shall relate to the support debt accrued
and/or accruing under this chapter and;or
RCW 26.16.205, including periodic payments
to be made in the future for such period
of time as the child or children of said
responsible parent are in need.
Said
hearing shall be held pursuant to *this
1973 amendatory act, chapter 34.04 RCW,
and the rules and regulations of the
department, which shall provide for a fair
hearing.
The notice and finding of financial responsibility shall be served in the same
manner prescribed for the service of a
Any responsisummons in a civil action.
ble parent who objects to all or any part
of the notice and finding shall have the
right for not more than twenty days from
the date of service to request in writing
a hearing, which request shall be served
upon the secretary or his designee by
registered or certified mail or personally. If no such request is made, the
notice and finding of responsibility shall
become final.
If a request is made,
the
execution of notice and finding of responsibility shall be stayed pending the decision on such hearing, or any direct appeal
to the courts from that decision.
Hearings may be held in the county of residence or other place convenient to the
responsible parent. Any such hearing shall
be a "contested case" as defined in RCW
34.04.010.
The notice and finding of
financial responsibility shall set forth
the amount the department has determined
the responsible parent owes, the support
debt accrued and/or accruing, and, as
appropriate, the amount to be paid thereon
each month, all computable on the basis of
the amount of the monthly public assistance payment previously paid, or need
alleged, and the ability of the responsible parent to pay all, or any portion of
the amount so paid and/or being paid
and;or to be paid. The notice and finding
shall also include a statement of the name
of the recipient or custodian and the name
of the child or chilctren for whom assistance is being paid or need is alleged;
and/or a statement of the amount of periodic future support payments as to which
financial responsibility is found.
The notice and finding shall include a
statement that the responsible parent may
object to all or any part of the notice
and finding, request a
hearing to show
cause why said responsible parent should
not be determined to be liable for any or
all of the debt, past and future, determined, and the amount to be paid thereon.
1973 RCW SUPP.
( 701
The notice and finding shall also include a statement that if the responsible
parent fails to request a hearing that the
support debt and payments stated in the
notice and finding, including periodic
support payments in the future, shall be
assessed and determined and ordered by the
department and that this debt shall be
subject to collection action; a statement
that the property of the debtor, without
further advance notice or hearing, will be
subject to lien and foreclosure,
distraint, seizure and sale, or order to
withhold and deliver to satisfy the debt.
If a hearing is requested, it shall be
promptly scheduled, in no more than thirty
days. The hearing examiner shall determine
the liability and responsibility, if any,
of the alleged responsible parent under
RCW 74.20A.030,
and shall also determine
the amount of periodic payments to be made
to satisfy past, present or future liabil~
ity under RCW 74.20!.030 and/or 26.16.205.
In making these determinations, the hearing examiner shall include in his considerations
(1)
the
necessities
and
requirements of the child or children,
exclusive of any income of the custodian
of said child or children, (2) the amount
of support debt claimed, (3) the public
policy and intent of the legislature to
require that children be maintained from
the resources of
responsible
parents
thereby relieving to the greatest extent
possible the burden borne by the general
citizenry through welfare programs, and
(41 the abilities and resources of the
responsible parent.
If the responsible parent fails to appear at the hearing,
upon a showing of
valid service, the hearing examiner shall
enter a decision and order declaring the
support debt and payment provisions stated
in the notice and finding of financial
responsibility to be assessed and determined and subject to collection action.
Within fifteen days of entry of said
decision and order, the responsible parent
may petition the department to vacate said
decision and order upon a showing of any
of the grounds enumerated in RCW 4.72.010.
The hearing examiner shall, within twenty days of the hearing, enter findings,
conclusions and a final decision determining liability and responsibility and/or
future periodic support payments.
The
determination of the hearing examiner entered pursuant to this section shall be
entered as a decision and order and shall
limit the support debt under RCW 74.20A.030 to the amounts stated in said decision:
PROVIDED,
That
said
decision
establishing liability and/or future periodic support payments shall be superseded
upon entry of a superior court order for
support to the extent the superior court
order is inconsistent with the hearing
order or decision: PROVIDED FURTHER, That
in the absence of a superior court order
either the responsible parent or the department may petition the secretary or his
designee for issuance of an order to
]
7q. 20!. 055
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------appear and show cause based on a shoving
of good cause and material change of
circumstances, to require the other party
to appear and show cause why the decision
previously entered should not be prospectively modified, Said order to appear and
show cause together with a copy of the
affidavit upon which the order is based
shall be served in the manner of a summons
in a civil action on the other party by
the petitioning party. A hearing shall be
set not less than fifteen nor more than
thirty days from the date of service,
unless extended for good cause shown.
Prospective modification may be ordered,
but only upon a showing of good cause and
material change of circumstances.
The department, in its original determinations, and the hearing examiner in making determinations based on objections to
original determinations or on petitions to
modify, shall consider the standards promulgated pursuant to RCW 74.20.270 and any
standards for determination of support
payments used by the superior court of the
county of residence of the responsible
parent.
Debts determined pursuant to this section, accrued and not paid, are subject to
collection action under this chapter without further necessity of action by the
hearing examiner.
"Need" as used in this section shall
mean the necessary costs of food, clothing, shelter and medical attendance for
the support of a dependent child or children. [ 1973 1st ex.s. c 183 § 25.]
*Reviser's note: "this 1973 amendatory
act'ilconsistsof the amendments to RCW
74.20.040, 74.20.101,
7q,20.300, 74.20A.030-74.20A.100,
74.20A.130-74.20A.150,
and 74.20A.170-74.20A.250 by 1973
1st
ex.s. c 183, and to RCW 74.20!.055 and
74.20!.260.
74.20!.060
!§SERTIQ! OF 1IE!==!KE!~!~
Twenty-one days after receipt or refusal
of notice of debt under provisions of RCW
74.20!.040, or twenty-one days after service of notice of debt, or as otherwise
appropriate under the prov~s~ons of RCW
74.20!.050, or as appropriate under the
provisions of *section 27 of this 1973
amendatory act a lien may be asserted by
the secretary upon the real or personal
property of the debtor. The claim of the
department for a support debt, not paid
when due, shall be a lien against all
property of the debtor with priority of a
secured creditor.
This lien shall be
separate and apart from, and in addition
to, any other lien created by, or provided
for, in this title. The lien shall attach
to all real and personal property of the
debtor on the date of filing of such
statement with the county auditor of the
county in which such property is located.
A lien against earnings shall attach and
be effective subject to service requirements of RCW 74.20!.070 upon filing with
the county auditor of the county in which
the employer does business or maintains an
office or agent for the purpose of doing
business.
Whenever a support lien has been filed
and there is in the possession of any
person, firm, corporation, association
political subdivision or department of th~
state having notice of said lien any
property which may be subject to the
support lien, such property shall not be
paid over, released, sold, transferred,
encumbered or conveyed, except as provide,d
for by the exemptions contained in RCII
74.20!.090 and 74.20!.130, unless a writ·
ten release or waiver signed by the secretary has been delivered to said person,
firm, corporation, association, political
subdivision or department of the state or
unless a determination has been made in a
fair hearing pursuant to RCW 74.201.050 or
by a superior court ordering release of
said support lien on the basis that no
debt exists or that the debt has been
satisfied. [ 1973 1st ex.s. c 183 § 7;
1971 ex.s. c 164 § 6.]
*Reviser's note:
"section 27" referred
to-herein-was-vetoed and thus failed to
become law.
74.20A.070
SERVICE OF LIEN. The sec•
retary may at-any-time-after-filing of a
support lien serve a copy of said lien
upon any person, firm, corporation, asso•
ciation, political subdivision or department
of
the state in possession of
earnings, or deposits or balances held in
any bank account of any nature which are
due, owing, or belonging to said debtor.
Said support lien shall be served upon the
person, firm,
corporation, association,
political subdivision or department of the
state either in the manner prescribed for
the service of summons in a civil action
or by certified mail, return receipt requested.
No lien filed under RCW 74.20A•
.060 shall have
any
effect
against
earnings or bank deposits or balances
unless it states the amount of the support
debt accrued and unless service upon said
person, firm,
corporation, association,
political subdivision or department of the
state in possession of earnings or bank
accounts, deposits or balances is accomplished pursuant to this section.
[1973
1st ex.s. c 183 § 8; 1971 ex.s. c 164 §
7.
l
74. 20A. 080
LI!tR ~2Q]
ORDER
TO
WITHHOLD AND
~:.
ANR --SERVIcE=-cDNTENTS:_EF:.
FECT--DELIVERY
OF---pROPERTY-=BONQ---IQ
RELEA§::E. -After service --ora-notice of
debt as provided for in RCW 1~.20A.C40
stating a support debt accrued and/or
accru~ng
based upon subrogation to or
assignment of the amount required to be
paid under any superior court order or
whenever a support lien has been filed
pursuant to RCW 74.20!.060, the secretary
( 702 )
SUPPORT OF DEPENDENT CHILDREN
74.20A.100
--------------------------------------------------------------------------------------is hereby authorized to 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 possession of such person,
firm, corporation, association, political
subdivision or department of the state
property which is due, owing, or belonging
to said debtor. The order to withhold and
deliver which shall also be served upon
the debtor, shall state the amount of the
support debt accrued, and shall state in
summary the terms of RCW 74.20A.090 and
74.20A.100.
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 is hereby
required to answer said 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. In the
event there is in the possession of any
such person, firm, corporation, association, political subdivision or department
of the state 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 said
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
oving under any contract of employment,
express or implied,
or is held by any
person, firm, corporation, or 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 of the
money or other property held or claimed
shall satisfy the requirement of the order
to withhold and deliver. Delivery to the
secretary shall serve 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 foregoing is subject to the
exemptions contained in RCW 74.20A.090 and
1973 RCW SUPP.
74.20A.130. [1973 1st ex.s. c
1971 ex.s. c 164 § 8.)
74.20A.090
~X~~R!
183
§
9;
~bB!l~22
QB~ER==~~bB!I~22~ b!~
£ER!biN AMOQ!! Qr
lBQ~ 11~~
QB
"DISPOSABLE EARNINGS" DEFINED. Whenever a
supportlien--o:r--o:raer-to--withhold and
deliver is served upon any person, firm,
corporation, association, political subdivision or department of the state asserting a support debt against earnings and
there is in the possession of such person,
firm, corporation, association, political
subdivision, or department of the state,
any such earnings, RCW 7.33.280 shall not
apply, but fifty percent of the disposable
earnings shall be exempt and may be disbursed to the debtor whether such earnings
are paid, or to be paid weekly, monthly,
or at other regular intervals and whether
there be due the debtor earnings for one
week or for a longer period. The lien or
order to withhold and deliver shall continue to operate and require said person,
firm,
corporation, association, political
subdivision, or department of the state to
withhold the nonexempt portion of earnings
at each succeeding earnings disbursement
interval until the entire amount of the
support debt stated in the lien or order
to withhold and deliver has been withheld.
As used in this chapter, the term "earnings" means compensation paid or payable
for personal services, whether denominated
as wages, salary, commission, bonus, or
otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies
of any type, but does not include payments
by any department or division of the state
based upon inability to work or obtain
employment. Earnings shall specifically
include all gain derived from capital,
from labor, or from both combined, including profit gained through sale or conversion of
capital
assets.
The
term
"disposable earnings" means that part of
the earnings of any individual remaining
after the deduction from those earnings of
any amount be required by law to be
withheld.
(1973 1st ex.s. c 183 § 10;
1971 ex.s. c 164 § 9.]
74.20A.100
~l!IL 1IABILI!! ggQ!
FAILURE TO COMPLY WITH ORDER OR LIEN.
Should
any person;--firiD;- corporation,--association, political subdivision or department
of the state fail to make answer to an
order to withhold and deliver within the
time prescribed herein; or fail or refuse
to
deliver property pursuant to said
order; or after actual notice of filing of
a support lien, pay over, release, sell,
transfer, or convey real or personal property subject to a support lien to or for
the benefit of the debtor or any other
person; or fail or refuse to surrender
upon demand property distrained under RCW
74.20A.130 or fail or refuse to honor an
( 703 ]
74.20A.100
PUBLIC ASSISTANCE
--------------------------------------------------------------------------------------assignment of wages presented by the secretary, said person, firm, corporation,
association, political subdivision or department of the state shall be 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.
[1973 1st ex.s. c 183 § 11; 1971 ex.s. c
, 64 § 10. ]
74.20A.13C
~ISTRAlN!L ~l~QB~ ANQ ~!1~
OF PROPERTY SUBJECT IQ 1l~N~ QE~~~ RC!
7u.~QA~26o:-gROCEDU~~~ Whenever a support
lien has been filed pursuant to RCW 74.20A.060, the secretary may collect the
support debt stated in said lien by the
distraint, seizure, and sale of the property subject to said lien. The secretary
shall give notice to the debtor and any
person known to have or claim an interest
therein of the general description of the
property to be sold and the time and place
of sale of said property.
Said notice
shall be given to such persons by certified mail, return receipt requested or by
service in the manner prescribed for the
service of a summons in a civil action.
A
notice specifying the property to be sold
shall be posted in at least two public
places in the county wherein the distraint
has been made. The time of sale shall not
be less than ten nor more than twenty days
from the date of posting of such notices.
said sale shall be conducted by the secretary, who shall proceed to sell such
property by parcel or by lot at a public
auction, and who may set a minimum reasonable price to include the expenses of
making a levy and of advertising the sale,
and if the amount bid for such property at
the sale is not equal to the price so
fixed, the secretary may declare such
property to be purchased by the department
for such price, or may conduct another
sale of such property pursuant to the
prov~s~ons
of this section. In the event
of sale, the debtor's account shall be
credited with the amount for which the
property has been sold. Property acquired
by the department as herein prescribed may
be sold by the secretary at public or
private sale, and the amount realized
shall be placed in the state general fund
to the credit of the department of social
and health services.
In all cases of
sale, as aforesaid, the secretary shall
issue a bill of sale or a deed to the
purchaser and said bill of sale or deed
shall be prima facie evidence of the right
of the secretary to make such sale and
conclusive evidence of the regularity of
his proceeding in making the sale, and
shall transfer to the purchaser all right,
title, and interest of the debtor in said
property. The proceeds of any such sale,
except in those cases wherein the property
has been acquired by the department, shall
be first applied by the secretary to
reimbursement of the costs of distraint
and sale, and thereafter in satisfaction
of the delinquent account.
Any excess
which shall thereafter remain in the hands
of the secretary shall be refunded to the
debtor.
Sums so refundable to a debtor
may be subject to seizure or distraint by
any taxing authority of the state or its
political subdivisions or by the secretary
for new sums due and owing subsequent to
the subject proceeding. Except as specifically provided in this chapter, there
shall be exempt from distraint, seizure,
and sale under this chapter such property
as is exempt therefrom under the laws of
this state.
(1973 1st ex.s. c 183 § 12;
1971 ex.s. c 164 § 13.]
74.20A.140
ACTION FOR FORECLOSURE OF
1l~H-SATISFA£tio~--Whenever
support lien has been filed, an action in
foreclosure of lien upon real or personal
property may be brought in the superior
court of the county where real or personal
property is or was located and the lien
vas filed and judgment shall be rendered
in favor of the department for the amount
due, with costs, and the court shall
allow, as part of the costs, the moneys
paid for making and filing the claim of
lien, and a reasonable attorney's fee, and
the court shall order any property upon
which any lien provided for by this chap~
ter is established, to be sold by the
sheriff of the proper county to satisfy
the lien and costs. The payment of the
lien debt, costs and reasonable attorney
fees, at any time before sale, shall
satisfy
the
judgment of foreclosure.
Where the net proceeds of sale upon application to the debt claimed do not satisfy
the debt in full,
the department shall
have judgment over for any deficiency
remaining unsatisfied and further levy and
sales upon other property of the judgment
debtor may be made under the same execution.
In all sales contemplated under
this section, advertising of notice shall
only be necessary for two weeks in a
newspaper published in the county where
said property is located, and if there be
no newspaper therein, then in the most
convenient newspaper having a circulation
in such county.
Remedies provided for
herein are alternatives to remedies provided for in other sections of this chapter.
[ 1973 1st ex.s. c 183 § 13; 1971
ex • s. c 16 4 § 14 • ]
-a
ru!RfQR!
[ 704
74.20A.150
SATISFACTION
OF LIEN !I!~!
EQB~£105~ PROCEEDINGs--INSTITUTED==ll:.
~nf!IQ!~
Any-person-owning-real-property, or any interest in real property,
against which a support lien has been
filed and foreclosure instituted, shall
have the right to pay the amount ~ue,
together vi th expenses of the proceed~ngs
and reasonable attorney fees to the secretary and upon such payment the .secretary
shall restore said property to h~m and all
]
SUPPORT OF DEPENDENT CHILDREN
74. 20A. 230
--------------------------------------------------------------------------------------further proceedings in the said foreclosure action shall cease. Said person shall
also have the right within two hundred
forty days after sale of property foreclosed under RCW 74.20A.140 to redeem said
property by making payment to the purchaser in the amount paid by the purchaser
plus interest thereon at the rate of six
percent per annum. [1973 1st ex.s. c 183
§ 14; 1971 ex.s. c 164 § 15.)
74.20!.170
2~fB~IAB1 ~AY B~1~!~
1!~!
OR ORDER OR B~!QBH ~EIZE~ ~BQ~!li!I==~I=
FECT:---The--secretary may at any time
release a support lien, or order to withhold and deliver, on all or part of the
property of the debtor, or return seized
property without liability, if assurance
of payment is deemed adequate by the
secretary, or if said action will facilitate the collection of the debt, but said
release or return shall not operate to
prevent future action to collect from the
same or other property. [1973 1st ex.s. c
183 § 15; 1971 ex.s. c 164 § 17.]
.2~CR]I!Bl
MAX~!~] Q~~A]~~
!H~ ~EB!J LI~H~L ~D~H ~A!H~HTS APP]!B
JEO~!BDI~
If the secretary finds that
shall not be granted except as provided
for in RCW 74.08.080 whenever a fair
hearing has been requested pursuant to RCW
74.20A.050. Liens filed during pendency of
fair hearing or court review shall be
reviewed pursuant to RCW 74.08.080. It is
the intent of this chapter that jurisdictional and constitutional issues, if any,
shall be subject to review, but that
administrative remedies be exhausted prior
to judicial review. [1973 1st ex.s. c 183
§ 18; 1971 ex.s. c 164 § 20.]
IN
74.20A.21o
Y!IQ~NTir!!BL] ~Q!~I~
n~1~
~~~£!!1 !ffQU]~.
All moneys collected
in fees, costs, attorney fees,
interest
payments, or other funds received by the
secretary which are unidentifiable as to
the support account against which they
should be credited, shall be held in a
special fund from which the secretary may
make disbursement for any costs or expenses incurred in the administration or
enforcement of the prov1s1ons of this
chapter. (1973 1st ex.s. c 183 § 19; 1971
ex.s. c 164 § 21.]
74.20!.180
Il1g
!H
the collection of any support debt based
upon subrogation to or assignment of the
amount of support ordered by any superior
court order is in jeopardy, he may make
demand under RCW 74.20A.040 for immediate
payment of the support debt, and upon
failure or refusal immediately to pay said
support debt, he may file and serve liens
pursuant to RCW 74.20A.060 and 74.20!.070,
without regard to the twenty day period
provided for in RCW 74.20A.040:
PROVIDED,
That no further action under RCW 74.20A.080, 74.20A.130 and 74.20A.140 may be
taken until the notice requirements of RCW
74.20A.040 are met. (1973 1st ex.s. c 183
§ 16; 1971 ex.s. c 164 § 18.]
74.20A.190
!HTE~ST
QH DE~I~
DU]==
Interest of six percent per annum
on any support debt due and owing to the
department under RCW 74.20A.Q30 may be
collected by the secretary. No provision
of this chapter shall be construed to
require the secretary to maintain interest
balance due accounts and said interest may
be waived by the secretary, if said waiver
would facilitate the collection of the
debt. [ 1973 1st ex.s. c 183 § 17;
1971
ex.s. c 164 § 19.]
~AIVE~
74.20A.200
JUDICIAL
RELIEF---LIMITAIIOH~~
Any person-against-whose-property
a support lien has been filed or an order
to withhold and deliver has been served
pursuant to this chapter may apply for
relief to the superior court of the county
wherein the property is located on the
basis that no support debt is due and
owing: PROVIDED, That judicial
relief
1973 RCW SUPP.
74.20A.220
fHAB2IHQ OFI fn!1~ ~QffQBI
DEBTS AS UNCOLLECTIBLE.
Any support debt
due--the- department--from a responsible
parent which the secretary deems uncollectible may be transferred from accounts
receivable to a suspense account and cease
to be accounted as an asset: PROVIDED,
That at any time after six years from the
date a support debt was incurred, the
secretary may charge off as uncollectible
any support debt upon which the secretary
finds there is no available, practical, or
lawful means by which said debt may be
collected: PROVIDED FURTHER, That no proceedings or action under the provisions of
this chapter may be begun after expiration
of said six year period to institute
collection of a support debt. Nothing
herein shall be construed to render invalid or nonactionable a support lien filed
prior to the expiration of said six year
period or an assignment of earnings or
order to withhold and deliver executed
prior to the expiration of said six year
period. [1973 1st ex.s. c 183 § 20;
1971
ex.s. c 164 § 22.]
74.20!.230
EMPLOYEE DEBTOR RIGHTS PROTEfiED==LI~!I!TION:-~o--employer---shall
discharge an employee for reason that an
assignment of earnings has been presented
in settlement of a support debt or that a
support lien or order to withhold and
deliver has been served against said employee's earnings:
PROVIDED, That this
provision shall not apply if more than
three support liens or orders to withhold
and deliver are served upon the same
employer within any period of twelve consecutive months. [1973 1st ex.s. c 183 §
21; 1971 ex.s. c 164 § 23.]
[ 705 ]
1LJ.
20A. 240
PUBLIC ASSISTANCE
---------------------------------------------------------------------------------1Q
firm,
corporation, association, political subdivision or department of the state employing a person owing a support debt or
obligation, shall honor, according to its
terms, a duly executed assignment of earnings presented by the secretary as a plan
to satisfy or retire a support debt or
obligation. This requirement to honor the
assignment of earnings and the assignment
of earnings itself shall be applicable
whether said earnings are to be paid
presently or in the future and shall
continue in force and effect until released in writing by the secretary. Payment of moneys pursuant to an assignment
of earnings presented by the secretary
shall serve 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 said assignment of earnings.
The
secretary shall be released from liability
for improper receipt of moneys under an
assignment of earnings upon return of any
moneys so received. (1973 1st ex.s. c 183
§ 22; 1971 ex.s. c 164 § 24.]
"earnings" but shall be subject to lien or
order to withhold and deliver and said
lien or order to withhold and deliver
shall continue to operate and require any
political subdivision or department of the
state to withhold the above stated portions at each subsequent disbursement or
receipt interval until the entire amount
of the support debt stated in the lien or
order to withhold and deliver has been
withheld. [,973 1st ex.s. c 183 § 2~.]
74.20A.250
REC~Jgi Ql
RY~b!f !~~=
I!!!CE lQ.R ! £MILD !~ ASll§NM~!fi. Ql .RIQ!!I.~
I!f SUPPQ.RI Q~li§ATION=gf_RETAg! l l !~
!~ IQ.R ~!fQQRSI!f§
DRAF!a~
By accepting
public assistance for or on behalf of a
child or children, the recipient shall be
deemed to have made assignment to the
department of any and all right, title,
and interest in any support obligation
owed to or for said child or children up
to the amount of public assistance money
paid for or on behalf of said child or
children for such term of time as such
public assistance moneys are paid,
The
recipient shall also be deemed, without
the necessity of signing any document, to
have appointed the secretary as his or her
true and lawful attorney in fact to act in
his or her name, place, and stead to
perform the specific act of endorsing any
and all drafts, checks, money orders or
other negotiable instruments representing
support payments which are received on
behalf of said child or children as reimbursement for the public assistance moneys
previously paid to said recipient.
[1973
1st ex.s. c 183 § 23; 1971 ex.s. c 164 §
25. ]
.fhs£.1.§~
~~
74.20A.240
ASSIGNMENT OF
~!]]!]§~
liONQB~EFFECT~ --Any--person,
TITLE 75
FOOD FISH AND SHELLFISH
Sections added, amended, or repealed:
£!!.a£te~
~!liQ.I£~.:
!.@inissr.atiQ!! s!lQ
75.:.08
)!g!l!.,:.
75.08.090
75.08.240
75.08.250
Rules and regulations--Adoption, promulgation.
Payment of appropriations and
claims--Remittances and statements by director.
Auditing of expenses--Preparing
vouchers.
Iaking 2!
75.:.1-f
fig!!.:_
75.12.010
75.28.400
75.28.410
75.28.420
75.28.430
~!!.a£.1.§1:
74.20A.260
INQQ~.RIAL
IM§QB!NC~ DIS!=
COMPENSAIJQ! R!~ENT~ ~BJ~~1 IQ
LIEN AND ORDER TO WITHHOLD AND DELIVER.
~lbiTl
1ic.§D.2.§2..:.
Commercial herring fishingLegislative finding.
Commercial herring fishing--Additional finding--Purpose.
Commercial herring fishing-Validation of licenses
required.
Commercial herring fishing-Validated licenses--Limitation--Required--Additional
licenses.
Commercial herring fishing~
Elimination of units as alternative measure.
12.:.1..f
!.QQ~
75.32.070
!i2!!L §heU.:
Commercial fishing for salmon
in certain waters unlawful--Odd
years.
fhs£!.§£ 75.28
75.28. 390
IQQ~
gri.tllegg .a.nQ ~.a!~h
Ii2!! .al!Q ~!!ellfi§!!~
f.~~ Q!l
Catch fees required--Exception--Privilege, catch, fees
when Oregon fees already paid.
one-hundred-percent-of-the~emporary-totai
Chapter 75. 0 8
ADMINISTRATION AND ENFORCE~ENT
disability payments and permanent total
disability compensation to a workman allocated by RCW 51.32.090 and 51.32.060 respectively to the spouse and children of a
workman, and forty percent of the net
proceeds of payments to a workman for
permanent partial disability under RCW
51.32.080 shall not be classified
as
75.08.090
RU~~ !!Q REGUb!TIQH~~=!QQ~
TIQ!fL gg.Q11UL2,illON~ All rules and regulations of the director, acting director or
such person designated by the director,
and all amendments to, or modifications or
[ 706 ]
TAKING OF FOOD FISH, SHELLFISH
75.12.010
--------------------------------------------------------------------------------------revocations of existing rules and regulations shall be made and adopted by the
director and shall be promulgated in accordance with the provisions of chapter
34,04 RCW. (1973 c 93 § 1; 1955 c 12 §
75.08.090.
Prior: 1949 c 112 § 6, part;
Rem. Supp. 1949 § 5780-205, part. 1
75.08.240
PAYMENT
OF APPROPRIATIONS
A!n ~LAin~~EMIT!i!£~~ AND ~Iii~ME!!~ -~1
DIRECTOR.
All appropriations for the deand the fisheries division of
the state treasurer and all claims against
those departments, shall be paid from the
general fund.
The director shall make weekly remittances to the state treasurer of all
moneys collected by him from any source
whatever, together with a statement showing from whence the moneys are derived.
[1973 c 95 § 4; 1955 c 12 § 75.08.240.
Prior: 1949 c 112 § 26; Rem. Supp. 1949 §
5780-224.]
partment;
75.08.250
AUQITI!~
OF EXPENSES-rPREPARING VOUCHERS.
All -expenses-Incurred
under-th;-provisions of this title shall
be audited by the state auditor, upon
bills presented, properly certified by the
director, or his duly authorized assistant
and vouchers shall be prepared by the
department and forwarded to the state
treasurer for payment. (1973 c 106 § 34;
1955 c 12 § 75.08.250. Prior: 1949 c 112
§ 27; Rem. Supp. 1949 § 5780-225. )
Chapter 75.12
TAKING OF FOOD FISH, SHELLFISH
75.12.010
COM~~!!1 ~tl!!~ FOR §ALM=
ON IN CERTAIN !!!ERS ~!LA!lY1_-=QQQ !!!~
shai1lie unlawful to fish for, catch,
or take any species of salmon for commercial purposes, except as hereinafter provided, within the waters of the Straits of
Juan de Fuca, Puget sound and waters
connected therewith within the state of
Washington
described as lying to the
southerly, easterly and southeasterly of a
line described as follows:
Commencing at a concrete monument on Angeles Point in Clallam county, state of
Washington, near the mouth of the Elwha
River on which is inscribed "Angeles Point
Monument" in the latitude 48° 9 1 3" (north,
longitude 123o 33 1 01" west of Greenwich
Meridian: thence running east on a line
81°] 30 1 true from said point across the
flashlight and bell buoy off Partridge
Point and thence continued to where said
line intersects longitude 1220 40•
west;
thence north on said line to where said
line intersects the southerly shore of
Sinclair Island at high tide; thence along
the southerly shore of said island to the
most easterly point thereof; thence north
46° east true to the line of high tide at
carter Point, the most southerly point of
rt
1973 RCW SUPP.
Lummi Island; thence northwesterly along
the westerly shore line at high tide of
said Lummi Island to where said shore line
at high tide intersects line of longitude
122° 40• west; thence north on said line
to where said line intersects the mainland
at the line of high tide; including within
said area the southerly portion of Hale
Passage, Bellingham Bay, Padilla
Bay,
Fidalgo Bay, Guemes Channel, Skagit Bay,
Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet,
Hood Canal, Puget Sound, and all inlets,
passages, waters, waterways, and the tributaries thereof:
PROVIDED, That, subject
to such seasons and regulations as may be
established from time to time by the
director, it shall be lawful to fish for
commercial purposes within the above described waters with any lawful gear for
sockeye salmon during the period extending
from the tenth day of June to the twentyfifth day of the following July and for
other legal salmon from the second Monday
of September to and including the thirtieth day of the following November, except
during the hours beginning 4:00 o'clock
p.m. of Friday and ending at 4:00 o•clock
p.m. of the Sunday following: AND PROVIDED, That it shall be lawful to fish for
salmon for commercial purposes with gill
net gear subject to such regulations and
to such shorter seasons as the director
may establish from time to time prior to
the second Monday in September within the
waters of Hale Passage, Bellingham Bay,
Samish Bay, Padilla Bay, Fidalgo Bay,
Guemes Channel, Skagit Bay, and Similk
Bay, to wit: Those waters northerly and
easterly of a line commencing at Stanwood,
thence along the south shore of Skagit Bay
to Rocky Point on camano Island; thence
northerly to Polnell Point on Whidbey
Island.
AND PROVIDED, That whenever the director
determines that a stock or run of salmon
cannot be feasibly and properly harvested
in the usual manner, and that such stock
or run of salmon may be in danger of being
wasted and surplus to natural or artificial spawning requirements, the director
may maneuver units of lawful gill net and
purse seine gear in any number or equivalents at his discretion, by time and area,
to fully utilize such harvestable portions
of these salmon runs for the economic well
being of the citizens of this state,
except that gill net and purse seine gear
other than emergency and test gear authorized by the fisheries department shall
not be used in Lake Washington.
AND PROVIDED, That subject to such regulations and to such shorter seasons as the
director may establish from time to time,
it shall be lawful to fish for pink salmon
for commercial purposes with any lawful
gear in each odd year during the period
running from the first day of August to
the first day of September, both dates
inclusive, in the waters lying inside of
the following described line:
A line
( 707 ]
75.12.010
FOOD FISH AND SHELLFISH
--------------------------------------------------------------------------------------commencing at a red wooden monument located on the most easterly point of Dungeness
spit and thence projected to a similar
monument located at Point Partridge on
Whidbey Island and a line commencing at a
red wooden monument located on Olele Point
and thence projected easterly to a similar
monument located at Bush Point on Whidbey
Island. [1973 1st ex.s. c 220 § 2;
1971
ex.s. c 283 § 13; 1955 c 12 § 75.12.010.
Prior: 1949 c 112 § 28; Rem. Supp. 1949 §
578<.'-30 1. ]
1ggi§J:stiy~ Q~£lag_!1.QD.:.
"The preservation of the fishing industry and food fish
and shellfish resources of the state of
washington is vital to the state's economy, and effective measures and remedies
are necessary to prevent the depletion of
these resources." (1973 1st ex.s. c 220 §
1.]
Chapter 75. 28
LICENSES
75.28.390
~Q~~~]&1AL ]~gB1!Q FI~fiiNG-=
LEGISLATIVE FIBQINQ~
The
legislature
finds--that a significant commercial herring fishing industry is presently developing in the state of washington under the
careful guidance of the department of
fisheries.
The legislature further finds
that the stocks of herring within the
waters of this state are limited in extent
and are in need of strict preservation.
[ 1973 1st ex. s. c 173 § 1.]
75.28.400
~Q~MEB~1!1 ~~B1~Q FISHING-ADDITIONAL FINDING--PURPOSE. In addltion:
the~egisiatur~-finds-tha~he number of
commercial fishermen engaged in fishing
for herring has steadily increased.
This
factor,
combined with advances made in
fishing and marketing techniques, has resulted in strong pressures on the supply
of herring, unnecessary waste in one of
washington's valuable resources, and economic loss to the citizens of this state.
Therefore, it is the purpose of RCW 75.28.390 through 75.28.430 to establish reasonable procedures for controlling the
extent of commercial herring
fishing.
[ 1973 1st ex. s. c 173 § 2.]
75.28.410
COMMERCIAL HERRING FISHING-!AL1Q!!1QH Qf--~ICEN~~~ -RE2QilitD~-Aft~r
April 25, 1973, only those persons who
have obtained a validated license to fish
for herring issued by the department of
fisheries of the state of Washington shall
engage in the commercial taking or catching of herring. Licenses issued under this
section shall be valid for one year,
from
January 1 through December 31.
Any food
fish license as stipulated in chapter
75.28 RCW intended for use in fishing for
herring in the Puget Sound district must
be validated for these species by the
department of fisheries after proving compliance with the provisions of RCW 75.28.420. ( 1973 1st ex. s. c 173 § 3.]
75.28.420
COMMllCIAL f!ERRI!Q K!SHING!!l!IDATEQ 1ICtl!.§.~=LigTATION=l!t.QY1REDÂ
ADQl!lQ!AL ~lQ.NS~~ For the 1973 season
and subsequent seasons, the department
shall limit the number of licenses validated under RCW 75.28.410 to those individuals who held valid commercial fishing
licenses and can prove that they landed
herring as documented by a washington
department of fisheries landing ticket for
that type of fishing gear during the
period January 1, 1971, through April 1,
1973. The validated herring license shall
be required for commercial herring fishing
in
Puget Sound as set forth in the
Washington Administrative Code under section 220~16-210. Additional licenses may
be granted after the 1976 season by the
department only upon a showing that the
stocks of herring will not be jeopardized
by the granting of such additional licenses. ( 1973 1st ex. s. c 173 § 4.)
75.28.430
£QM~ECI!~ !!t!!.El!@ I1~fi!!l2=
ELIMINATION OF UNITS AS ALTERNATIVE MEASURE~ I~ubsequent court-action-requires
that additional validated licenses must be
permitted for the 1973 season and if such
increases in a particular gear result in
placing an excessive strain on herring
stocks, the department shall reduce the
number of validated licenses for such gear
by eliminating units with the shortest
history of landings as established and
documented by Washington department of
fisheries' landing tickets for the herring
fishery.
If two or more units have a
similar history of landings, then such
reduction for those vessels shall be by
lot. [1973 1st ex.s. c 173 § 5.]
Chapter 75.32
PRIVILEGE AND CATCH FEES ON FOOD FISH AND
SHELLFISH
75.32.070
CA!ffl
FEt~ !!EQUI!!~R==tXC~f=
!1QN==fRIVI~~2~L ~ATCH, lt~~
~H~li
Q~§Q!
FEES ALREADY PAID.
A catch fee shall be
paid by-ev~ry p~rson taking food fish or
shellfish, or parts thereof, from the
waters or beaches of this state for commercial purposes, and the fee shall be
equal to two percent of the primary market
value of all fresh or frozen chinook and
silver salmon so taken, and one percent of
the primary market value of all other
species of food fish and shellfish, or
parts thereof:
PROVIDED, That catch taxes
shall not be paid by those taking shellfish from licensed oyster or clam farms or
by those taking food fish or shellfish, or
parts thereof, from fish farms licensed
pursuant to RCW 75.16.110: PROVIDED FURTHER, That it is not the intent of the
[ 708 )
76.04.256
FOREST PROTECTION
--------------------------------------------------------------------------------------state of Washington to collect privilege
tees or catch fees on fish and shellfish
previously landed from the Columbia River
district in oregon,
on which privilege
fees have already been paid, and which are
transshipped to this state. An official
certification of payment of oregon pr~ v~Â
lege fees must be furnished the Washington
department of fisheries in these instances. [ 1973 1st ex.s. c 63 § 1; 1963 ex.s.
c 10 § 2; 1955 c 12 § 75.32.070.
Prior:
1951 c 271 § 35; 1949 c 107 § 1 (5), part;
Rem. supp. 1949 § 5780-60 (5), part.)
TITLE 76
FORESTS AND FOREST PRODUCTS
sections added, amended, or repealed:
76.04.251
Steam, internal combustion or
electric engines and other
spark emitting equipment
76.04.253
76.04.254
76.04.255
76.C4.256
76.04.257
Location of fire equipment.
Substitution of fire tools.
Reduction of requirements.
Water requirements.
Equipment to be kept in serviceable condition--Tool box
requirements.
Locomotives, steam logging engines or boilers--Speeder
patrols.
Penalty for violations--work
stoppage notice.
Spark emitting, electric engines~Watchman--Removal of
snags.
Fire patrol assessments--Lien-Supervisor's bond.
Reimbursement for costs of suppression action.
Landowner contingency forest
fire suppression account.
reg~lated.
76.04.260
76.04.270
76.04.320
76.04.360
76.04.385
76.04.515
76.12.050
76.42.010
76.42.020
76.42.030
76.42.040
76.42.050
Exchange of lands to consolidate, block up holdings or obtain lands having commercial
recreational leasing potential.
Removal of debris authorized-Enforcement of chapter--Department of natural resources.
Definitions.
Removal of wood debris-Authorized.
Debris removal account~reÂ
ated--Disbursements authorized.
Debris removal account--Transfer of funds from log patrol
revolving fund, authorized.
1973 RCW SUPP.
[ 709
76.42.060
76.42.070
Navigable waters--Unlawful to
deposit wood debris into-Exception.
Rules and regulations--Administration of chapter--Authority
to adopt and enforce,
Chapter 76.04
FOREST PROTECTION
76.04.251
~!]!nL
!HTE]!!1 £QMBQST!Q!
OR ELECTRIC ENGINES !ND QTHER ~~!RK EM!!=
TIH2 ~Q~I~MEHI--B~GULA!~~
It shall be
unlawful for anyone to operate during the
closed season as defined in RCW 76.04.252,
any steam, internal combustion, or electric engines, or any other spark emitting
equipment or devices on any forest land or
in any place where, in the opinion of the
department, within reason, fire could be
communicated to forest land, without first
complying with the requirements as may be
established by the department by rule or
regulation pursuant to *this 1973 amendatory act.
The department of natural resources is
authorized to promulgate rules and regulations relating to forest fire prevention
and suppression preparedness, including
the type, number, location and condition
of fire equipment; the provision of water
or other fire suppression agent, spark
arresters, watchmen and/or patrols; the
felling of snags; the clearing of flammable material from proximity to ignition
sources; and the curtailment of operations
during periods of critical fire danger.
The department may further provide for
reasonable reductions of requirements so
promulgated where operating conditions including, but not limited to,
location or
weather,
would justify the same. [1973
1st ex.s. c 24 § 1; 1971 ex.s. c 134 § 1;
1965 ex.s. c 12 § 2.)
!!!~Yi§~!:~§ !!21~
"this 1973 amendatory
act" consists of amendments to RCW 76.04.251, 76.04.270, 76.04.385 and 76.04.515
ana to the repeal of RCW 76.04.253-76.04.260 and 76.04.320 by 1973 1st ex.s. c 24.
76.04.253
LOCATION
[1965 ex.s. c 12~-4:]
1st ex.s. c 24 § 5.
OF I!!!] ~QQ!~~~Hl~
Repealed by 1973
76.04.254
SUBSTITUTION OF FIRE TOOLS.
[1965 ex.s. c 12~5:]--Repealed--by1973
1st ex.s. c 24 § 5.
76.04.255
!!EDUfilQ!
[1965 ex.s.
c 12 § 6. J
1st ex.s. c 24 § 5.
Q!
]~Q~I!!~~~!I~~
Repealed by 1973
76.04.256
!!I~!!
REQ~~~
[1965
ex.s. c 12 § 7.]
Repealed by 1973 1st
ex.s. c 24 § 5.
J
76.04.257
FORESTS AND FOREST PRODUCTS
--------------------------------------------------------------------------------------IQ ]~ !~fl lB ~]]~
TQQ1 ~Q! S~Q~IR]~~l~~
( 1965 ex.s. c 12 § 8.] Repealed by 1973
1st ex.s. c 24 § 5.
76.04.257
]~lR~~BI
!l&]bBL~ ~Q]]lllQN
76.04.260
LOCOMQil!~~~
~!~!~
1Q§§1!Q
ENGINES
OR
]Q11]S~=-SPE~~~R
R!IBQ1~~
[1965-~x.s:-c 12 § 9; 1955 c
142 § 11.
Prior:
1953 c 24 § ?; 1951 c 58 § 5; 1941
c 63 § 1, part; 193? c 152 § 1, part; 1923
c 184 § 6, part; 1911 c 125 § 14, part;
1905 c 164 § 1C, part; Rem. Supp.
1941 §
5794, part.] Repealed by 1973 1st ex.s. c
24 § 5.
76.04.270
~!1!!
!QB
!lQ1!I1Qli~==]QB!
Every person upon re ....
ceipt of written notice issued by the
department that such person has or is
violating any of the provisions of RCW
76.04.240, 76.~4.245, 76.04.251, and 76.04.310,
as amended, and/or any rule or
regulation issued by the department concerning fire prevention and fire suppression
preparedness
shall
cease
such
operations until the provisions of the
sections or regulation specified in such
notice have been complied with.
The department may specify in the notice of
violation the special conditions and precautions under which the operation would
be allowed to continue until the end of
that working day.
Any person violating
the statutory provisions above referenced,
and as amended, or the rules or regulations issued by the department, or the
written notice provided for herein, shall
upon conviction be punished by a fine of
not less than twenty-five dollars nor more
than five hundred dollars.
( 1973 1st
ex.s. c 24 § 2; 1965 ex.s. c 12 § 10; 1959
c 151 § 2; 1955 c 142 § 12. Prior: 1953
c 24 § 5; 1951 c 58§ 6; 1941 c 63 § 1,
part;
1937 c 152 § 1, part; 1923 c 184 §
6, part; 1911 c 125 § 14, part; 1905 c 164
§§ 6,
10, part; Rem. Supp. 1941 § 5794,
part.)
~!QPP~
l!QI19~
76.04.320
SPARK ~MITTING, EL~£ EN=
Ql!i~=-_!.b!f1!.!1AN=REMO.Y!1 OF ~li!GS~
[ 1959
c 151 § 4; 1955 c 142 § 13; 1951 c 58 § 7;
1923 c 184 § 8; 1911 c 125 § 17; RRS §
5797.
Prior: 1905 c 164 § 10; 1903 c 114
§ 11.] Repealed by 1973 1st ex.s. c 24 §
5.
76.04.360
fiR~
1llN--SUPERV~~
RATgQ1
!~SESS.!1~!!S-=
]Q!.Q .1!2. !.!1ENDEQ !!I
1.21.J. 1~! EX.~..t. £ J.§J 1l...t. If any owner
of forest land neglects or fails to provide adequate fire protection therefor as
required by RCW 76.04.350, the department
shall provide such protection therefor,
notwithstanding the provisions of RCW 76.04.520, at a cost to the owner of not to
exceed nine cents an acre per year on
lands vest of the summit of the Cascade
mountains and seven cents an acre per year
s
( 710
on lands east of the summit of the Cascade
mountains:
PROVIDED, That for the calendar years 1973 and 1974 the cost to the
owner for such protection shall be eighteen cents an acre per year on lands vest
of the summit of the Cascade mountains and
fourteen cents an acre per year on lands
east of the summit of the Cascade mountains.
During said calendar years the
legislative committees on natural resources shall study the costs of forest fire
protection to determine the ratio of financial support to be borne by the state
to that of the forest land owner.
The findings of the legislative committees on natural resources shall be considered when establishing the forest patrol
assessment for the ensuing biennium.
For the purpose of this act, the supervisor may divide the forest lands of the
state, or any part thereof, into districts, for patrol and assessment purposes, may classify lands according to the
character of timber prevailing, and the
fire hazard existing, and place unprotected lands under the administration of the
proper district.
Such cost must be justified by a shoving of budgets on demand of
twenty-five owners of forest land in the
county concerned at public hearing. Any
amounts paid or contracted to be paid by
the supervisor of natural resources for
this purpose from any funds at his disposal shall be a lien upon the property
patrolled and protected, and unless reimbursed by the owner within ten days after
october 1st of the year in which they were
incurred, on which date the supervisor of
natural resources shall be prepared to
make statement thereof upon request to any
forest owner whose own protection has not
been previously approved by him as adequate, shall be reported by the supervisor
of natural resources to the assessor of
the county in which the property is situated who shall extend the amounts upon the
tax rolls covering the property, or the
county assessor may upon authorization
from the supervisor of natural resources
levy the forest patrol assessment against
the amounts of unimproved land as shown in
each ownership on the county assessor's
records and the assessor may then segregate on his records to provide that the
improved land and improvements thereon
carry the millage levy designed to support
the rural fire protection districts as
provided for in chapter 52.04 RCW.
The amounts assessed shall be collected
at the time, in the same manner, by the
same procedure, and with the same penalties attached that the next general state
and county taxes on the same property are
collected, except that errors in assessments may be corrected at any time by the
supervisor of natural resources certifyi~g
them to the treasurer of the county ~n
which the land involved is situated. Upon
the collection of such assessments the
county treasurer shall transmit them to
the supervisor of natural resources to be
FOREST PROTECTION
76.04.360
--------------------------------------------------------------------------------------applied against expenses incurred in carrying out the provisions of this section.
The supervisor of natural
resources
shall include in the assessment a sum not
to exceed one-half of one cent per acre,
to cover the necessary and reasonable cost
of office and clerical work incurred in
the enforcement of these provisions. He
may also expend any sums collected from
owners of forest lands or received from
any other source for necessary office and
clerical expense in connection with the
enforcement of RCW 76.04.370.
When land against which fire patrol assessments are outstanding is acquired for
delinquent taxes and sold at public auction, the state shall have a prior lien on
the proceeds of sale over and above the
amount necessary to satisfy the county's
delinquent tax judgment, and the county
treasurer in case the proceeds of sale
exceed the amount of the delinquent tax
judgment shall forthwith remit to the
supervisor of natural resources the amount
of the outstanding patrol assessments.
The supervisor
of
natural resources
shall furnish a good and sufficient surety
company bond running to the state, in a
sum as great as the probable amount of
money annually coming into his hands under
the provisions of this chapter, conditioned for the faithful performance of his
duties and for a faithful accounting for
all sums received and expended thereunder,
which bond shall be approved by the attorney general.
[1973 1st ex.s. c 182 § 1;
1971 ex.s. c 207 § 14; 1959 c 123 § 1:
1955 c 142 § 14; 1951 c 58§ 8; 1925 ex.s.
c 43 § 6; 1923 c 184 § 10; 1921 c 64 § 1:
1917 c 105 § 2; RRS § 5805.]
Reviser's note:
RCW
76.04.360
was
amended-twice-auring the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
76.04.360
!IR~
~ATR01
ASSE~~NTS-=
!:IEJi=-5 !!,R~RVI SO!!.!_~ .!2Qli12 .ll~ !~mill~Q .!2!
197l 1~I EX~~ ~ 12.2 § 871~ I f any owner
of forest land neglects or fails to provide adequate fire protection therefor as
required by RCW 76.04.350, the department
shall provide such protection therefor,
notwithstanding the provisions of RCW 76.04.520, at a cost to the owner of not to
exceed eighteen cents an acre per year on
lands west of the summit of the cascade
mountains and fourteen cents an acre per
year on lands east of the summit of the
cascade mountains.
For the purpose of this act, the supervisor may divide the forest lands of the
state, or any part thereof, into districts, for patrol and assessment purposes, may classify lands according to the
character of timber prevailing, and the
fire hazard existing, and place unprotected lands under the administration of the
1973 RCW SUPP.
proper district.
Such cost must be justified by a showing of budgets on demand of
twenty-five owners of forest land in the
county concerned at public hearing.
Any
amounts paid or contracted to be paid by
the supervisor of natural resources for
this purpose from any funds at his disposal shall be a lien upon the property
patrolled and protected, and unless reimbursed by the owner within ten days after
October 1st of the year in which they were
incurred, on which date the supervisor of
natural resources shall be prepared to
make statement thereof upon request to any
forest owner whose own protection has not
been previously approved by him as adequate, shall be reported by the supervisor
of natural resources to the assessor of
the county in which the property is situated who shall extend the amounts upon the
tax rolls covering the property, or the
county assessor may upon authorization
from the supervisor of natural resources
levy the forest patrol assessment against
the amounts of unimproved land as shown in
each ownership on the county assessor's
records and the assessor may then segregate on his records to provide that the
improved land and improvements thereon
carry the dollar rate levy designed to
support the rural fire protection districts as provided for in chapter 52.04
RCW.
The amounts assessed shall be collected
at the time, in the same manner,
by the
same procedure,
and with the same penalties attached that the next general state
and county taxes on the same property are
collected, except that errors in assessments may be corrected at any time by the
supervisor of natural resources certifying
them to the treasurer of the county in
which the land involved is situated. Upon
the collection of such assessments the
county treasurer shall transmit them to
the supervisor of natural resources to be
applied against expenses incurred in carrying out the provisions of this section.
The supervisor of
natural
resources
shall include in the assessment a sum not
to exceed one-half of one cent per acre,
to cover the necessary and reasonable cost
of office and clerical work incurred in
the enforcement of these provisions. He
may also expend any sums collected from
owners of forest lands or received from
any other source for necessary office and
clerical expense in connection with the
enforcement of RCW 76.C4.370.
When land against which fire patrol assessments are outstanding is acquired for
delinquent taxes and sold at public auction, the state shall have a prior lien on
the proceeds of sale over and above the
amount necessary to satisfy the county's
delinquent tax judgment, and the county
treasurer in case the proceeds of sale
exceed the amount of the delinquent tax
judgment shall forthwith remit to the
supervisor of natural resources the amount
of the outstanding patrol assessments.
( 711 ]
76.04.360
FORESTS AND FOREST PRODUCTS
--------------------------------------------------------------------------------------The supervisor of
natural
resources
shall furnish a good and sufficient surety
company bond running to the state, ~n a
sum as great as the probable amount of
money annually coming into his hands under
the provisions of this chapter, conditioned for the faithful performance of his
duties and for a faithful accounting for
all sums received and expended thereunder,
which bond shall be approved by the attorney general. [1973 1st ex.s. c 195 § 87;
1971 ex.s. c 207 § 14; 1959 c 123 § 1;
1955 c 142 § 14; 1951 c 58 § 8; 1925 ex.s.
c 43 § 6; 1923 c 184 § 10; 1921 c 64 § 1;
1917 c 105 § 2; RRS § 5805.]
~gy§~s£ili!Y=_Ei!§£!i~ £s!g§ sn£ !~~i=
gg!~==£Qn§trg£!ion_-=1~11 jst ~~§~
ns!i2n
£
1~2~
See notes following RCW 84.52.043.
Reviser's note:
RCW
76.04.360
was
amended--twice--auring the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
76.04.385
BEIMBQg~~~E!!
fQg £Q~!~ Ql
SUPPRESSION ACTIO~ Any person, firm, or
corporition, public or private, obligated
to take suppression action on any forest
fire shall, under the provisions of this
section, be entitled to reimbursement for
reasonable costs incurred thereby, subject
to the following:
(1)
If the fire is started in the
course of or as a result of a land
clearing, right of way clearing, or landowner's operation, the person,
firm, or
corporation
conducting
such operation
shall supply at his expense the manpower
and equipment under his control and reasonably available until midnight on the
day on which the fire started, after which
time he shall supply, at his expense, only
the manpower and equipment which were
within a one-half mile radius of the point
of origin of such fire, but in any case
never less than five men and one suitable
bulldozer, or other equipment accepted by
the department as equivalent, unless, in
the opinion of the department, less is
needed for the purpose of suppressing the
same.
If he has no men or equipment
within the said one-half mile he shall pay
to the dep~rtment the equivalent of the
minimum requirement. If after midnight of
the day on which the fire started, additional manpower and equipment are necessary, in the opinion of the department, he
shall supply the manpower and equipment
under his control outside such one-half
mile radius, if reasonably available, but
he shall be reimbursed for such manpower
and equipment as provided herein;
{2)
Where a fire, which occurred in the
course of or as a result of a land
clearing, right of way clearing, or landowners operation, and which fire had previously been suppressed, rekindles, the
[ 712
operator shall be required to supply at
his expense the same manpower and equip·
ment which were required of him at the
time of the original fire.
{3)
Claims for reimbursement shall be
submitted within a reasonable time to the
department which shall, upon verifying the
amounts therein and the necessity there·
for, authorize payment at such rates as
established by the department for wages
and equipment rental;
(4)
No reimbursement provided herein
shall be allowed to a person, firm, or
corporation negligently responsible for
the starting or existence of any fire for
which costs may be recoverable by the
department pursuant to law.
Reimbursement of emergency fire costs
incurred or approved by the department in
suppressing a forest fire may be paid from
the appropriate contingency account as
provided therein.
Such payment shall be
without restriction to the right of the
department to recover costs pursuant to
the provisions of RCW 76.04.390 as now or
hereafter amended or other laws but any
such recovery by the department shall be
returned into the account from which it
was spent, less reasonable costs of col·
lection.
[1973 1st ex.s. c 24 § 3; 1971
ex.s. c 207 § 5. 1
76,04.515
liB~
CO!IIH~!£! fOR~~!
A££QQ!!~
There is ere•
1!NDOWNEB
~ffB~~~lQ!
ated a landowner contingency forest fire
suppression account which shall be a sepa·
rate account in the general fund.
This
account shall be for the purpose of paying
emergency fire costs incurred or approved
by the department in the suppression of
forest fires.
When a determination is
made that the fire was started by other
than a participating landowner operation,
moneys expended from this account in the
suppression of such fire shall be recovered from the general contingency forest
fire suppression account.
Moneys spent
from this account shall be by appropriation. The department shall transmit to
the state treasurer for deposit in the
landowner contingency forest fire suppression account any moneys paid out of said
account which are later recovered, less
reasonable costs of recovery, which moneys
may be expended for purposes set forth
herein during the current biennium, without reappropriation.
This account shall be established and
renewed by a special forest fire suppres·
sion account assessment paid by participating forest landowners at rates to be
established by the department, but not to
exceed five cents per acre per year for
such period of years as may be necessary
to establish and thereafter re~stablish a
balance in said account of one million
dollars. The assessments with respect to
forest
lands
in western and eastern
washington may differ to equitably distribute the assessment based on emergency
1
WOOD DEBRIS
76.42.040
--------------------------------~------------------------------------------------------
fire suppression cost experience necessitated by participating landowner operations. Amounts assessed for this account
shall be a lien upon the forest lands with
respect to which the assessment is made,
and may be collected as directed by the
department in the same manner as forest
patrol assessments. This account shall be
held by the state treasurer who is authorized to invest so much of said account as
is not necessary to meet current needs.
Any interest earned on moneys from said
account shall be deposited in and remain a
part of the account, and shall be computed
as part of the same in determining the
balance thereof.
Interfund loans to and
from this account are authorized at the
then current rate of interest as determined by the state treasurer, provided
that the effect of the loan is considered
for purposes of determining the assessments.
Payment of emergency costs from
this account shall in no way restrict the
right of the department to recover costs
pursuant to RCW 76.04.390 as now or hereafter amended, or other laws.
When the department determines that a
forest fire was started in the course of
or as a result of a participating landowner operation, it shall notify the forest
fire advisory board of such determination.
such determination shall be final, unless,
within ninety days of such notification,
the forest fire advisory board or any
interested party, serves a request for a
hearing b~fore the department.
such hearing shall constitute a contested case
under chapter 34.04 RCW and any appeal
therefrom shall be to the superior court
of Thurston county. [1973 1st ex.s. c 24
§ 4; 1971 ex.s. c 207 § 8.]
Chapter 76. 12
REFORESTATION
76.12.050
n£HANG~ Qr LA!Q§. !.Q £QNSOL.:
J.DATEL J210CK Qf !!OLQJ.J!GS Q!! Q~!AIN LAND~
HAVING COMMERCIAL RECREATIONAL LEASING POTENTIA~~--The-board-of-county- commission=
ers of any county and/or the mayor and
city council or city commission of any
city or town and/or the board of natural
resources shall have authority to exchange, each with the other, or with the
federal forest serviGe, the federal government
or any proper agency thereof
and/or with any private landowner, county
land of any character, land owned by
municipalities of any character, and land
owned by the state under the jurisdiction
of the department of natural resources,
for real property of equal value for the
purpose of consolidating and blocking up
the
respective
land holdings of any
county, municipality, the federal government, or the state of Washington or for
the purpose of obtaining lands having
commercial recreational leasing potential.
1973 RCW SUPP.
[1973 1st ex.s. c 50§ 1; 1961 c 77
1937 c 77 § 1; RRS § 5812-3e.]
§
1;
Chapter 76.42
WOOD DEBRIS--REMOVAL FROM NAVIGABLE WATERS
Cross Reference:
Navigation and harbor improvements:
tle 88 RCW.
Ti-
Q! Q~~BJ.§.
AQI!!Q=
OF CHAPTER~DEPARTMENT
Q! !A!!!EA1 E~~Q!!]&~~~ -ThiS--chapter--au=
thorizes the removal of wood debris from
navigable
waters
of
the
state
of
Washington.
It shall be the duty of the
department of natural resources to administer and enforce the provisions of this
chapter. (1973 c 136 § 2.]
76.42.010
!!~]Q!A1
li!~~D-=~l!!Qli~~ME]I
76.42.020
DEFINITIONS.
"Wood debris"
as used in this-chapter-is wood that is
adrift on navigable waters or has been
adrift thereon and stranded on beaches,
marshes, or navigable and shorelands and
which is not merchantable or economically
salvageable under the Log Patrol Act,
chapte~ 76.40 RCW.
"Removal" as used in this chapter shall
include all activities necessary for the
collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris
from private property without written consent of the owner. [1973 c 136 § 3.]
76.42.030
REMOVAL OF WOOD DEBRIS--AUTHQBJ.~]Q~
The--aepartment-of naturai-re=
sources may by contract, license,
or
permit, or other arrangements, cause such
wood debris to be removed by licensed log
patrolmen, other private contractors, department of natural resources employees,
or by other public bodies. Nothing contained in this chapter shall prohibit any
individual from using any nonmerchantable
wood debris for his own personal use.
[1973 c 136 § 4.]
76.42.040
DEBRIS REMOVAL ACCOUNT--CREATED--DISBURSEMENTs- AUTHORIZED:--~ae=
partme~-o£---naturar---resources
shall
create, maintain,
and administer within
the log patrol revolving fund a separate
account to be known as the debris removal
account. This account shall consist of
moneys recovered from the sale of debris
as defined in RCW 76.42.020, and the
moneys transferred from the log patrol
revolving fund as provided in RCW 76.42.050.
This account shall be used to pay
for removal of wood debris, and for salaries, wages, and other operating expenses
arising under the administration of this
chapter. [1973 c 136 § 5.]
[ 713 1
76.42.050
FORESTS AND FOREST PRODUCTS
--------------------------------------------------------------------------------------76.~2.050
!B!!~!~R
~RI~
Q!
1~
]~~Q!A1
~Q]]!==
!Q!Q£ AUTHORIZEQ~
Moneys may
be
transferred within the log patrol revolving fund to the debris removal account not
to exceed fifty percent of the total
revenue of the log patrol revolving fund
during each bimonthly period. The debris
removal account balance shall not exceed
ten thousand dollars and shall be in
addition to the amount specified in RCW
76.~0.015.
[1973 c 136 § 6.]
76.42.060
NAVIGABb~
!!!~R~=-UN1AW!q1
!Q DEfQg! !QQQ !lngJ~ Ill.Q==~!illllQl!~
It shall be unlawful to dispose of wood
debris by depositing such material into
any of the navigable waters of this state,
except as authorized by law including any
discharge or deposit allowed to be made
under and in compliance with chapter 90.48
RCW and any rules or regulations duly
promulgated thereunder. Violation of this
section shall be a misdemeanor. [1973 c
136 § 7. ]
gy1~~ !!] ~2Y1AIIQ!~==AQ=
~!
~H!g!~R==!YIHQRII!
76.42.070
IQ
~~1~IR!IIQ!
!QQPT !!Q ~!!QB~~~
The department of
natural resources shall adopt and enforce
such rules and regulations as may be
deemed necessary for administering this
chapter. [1973 c 136 § 8.]
TITLE 77
GAME AND GAME FISH
Sections added, amended, or repealed:
77.04.070
~hapt~
77.12.175
77.12.390
~l!apt~
Official bond--Oaths.
17.1J_ PO.!tl§
J!kSSi2fu_
77.12.170
~nQ DU1l~§
.Q1
~Q,!t
State game fund--Composition-Disposition of fines, forfeitures, penalties.
Personalized license plates-Use of fees for support and aid
of wildlife resources--Purpose
of act.
Warrant to be drawn in favor of
fund for which lands were held.
77.32
77.32.230
Chapter 77.04
DEPARTKENT OF GAME
IY~~ ~Q~ 1Q~ f!IgQ1 R~!Qb!=
1i.£:ru!§~§~
Free licenses--Certain veterans-Blind persons.
( 714
77.04.070
OFFICIAL BOND-OATHS.
(,955
c 36 § 77.04.o70:--Prior!1947c-275 § 7:
Rem. Supp. 1947 § 5992-17. J
Repealed by
1973 c 95 § 12.
Chapter 77.12
POWERS AND DUTIES OF COMMISSION
77.12.170
2!ATE GAME
FUND--COMPOSITIQ!==QI~gQ~I!IO! Q!--fiN~;-Fogr~IIUR~~
PENALTIES. There is established in the
State--treasury a fund to be known as the
state game fund which shall consist of all
moneys received from fees for the sale of
licenses and permits provided in this
title, from the personalized vehicle license plate fees provided in chapter 46.16
RCW, and from fines, forfeitures, and
costs collected for violations of this
title, or any other statute for the protection of wild animals and birds and game
fish, or any rule or regulation of the
commission relating thereto:
PROVIDED,
That fifty percent of all fines and bail
forfeitures shall not become part of the
state game fund and shall be retained by
the county in which collected:
PROVIDED
FURTHER, That all fees, fines, forfeitures
and penalties collected or assessed by a
justice court because of the violation of
a state law shall be remitted as provided
in chapter 3.62 RCW as now exists or is
later amended.
All state and county officers receiving
any moneys in payment of fees for licenses
under this title or from fees for the
personalized vehicle license plates provided in chapter 46.16 RCW, or in payment
of fines, penalties, or costs imposed for
violations of this title, or any other
statute for the protection of wild animals
and birds and game fish, or any rule or
regulation of the commission; from rentals
or concessions, and from the sale of real
or personal property held for game department purposes, shall pay them into the
state treasury to be placed to the credit
of the state game fund: PROVIDED, That
county officers shall remit only fifty
percent of all fines and bail forfeitures:
PROVIDED FURTHER, That all fees, fines,
forfeitures and penalties collected or
assessed by a justice court because of the
violation of a state law shall be remitted
as provided in chapter 3.62 RCW as now
exists or is later amended. (1973 1st
ex.s. c 200 § 12; 1969 ex.s. c 199 § 33;
1955 c 36 § 77. 12.110. Prior: 1947 c 275
§ 27; Rem. Supp. 194 7 § 5992-37. ]
to this
g~vi~~~ !!Qll.i The amendment
section by 197 3 1st ex.s. c 200 was
RCW
See
referendum.
a
subject to
The amendment was adopted and
46.16.610.
ratified by the people at the November 6,
J
TITLE 78
DIGEST OF TITLE
--------------------------------------------------------------------------------------1973 general election (Referendum Bill No.
3 3) •
77.12.175
g~~2Q!!11~~Q
11~]2]
Ql 1]].§ J:Q,E .§]PPQ!!I AND All Q.!
Wl1Q1Il~ ,EESO!!]~~.§_-f!!BEQ~] Ql A~1~ It is
declared to be the public policy of the
state of Washington to direct financial
resources of this state toward the support
and aid of the wildlife resources existing
within the state of washington in order
that the general welfare of these inhabitants of the state be served.
For the
purposes of this chapter, wildlife resources are understood to be those species
of wildlife other than that managed by the
department of fisheries under their existing jurisdiction as well as all unclassified marine fish,
shellfish, and marine
invertebrates which shall remain under the
jurisdiction of the director of fisheries.
The legislature further finds that the
preservation,
protection, perpetuation,
and enhancement of such wildlife resources
of the state is of major concern to it,
and that aid for a satisfactory environment and ecological balance in this state
for such wildlife resources serves a public interest, purpose, and desire.
It is further declared that such preservation,
protection, perpetuation, and enhancement
can
be
fostered
through
financial support derived on a voluntary
basis from those citizens of the state of
Washington who wish to assist in such
objectives; that a desirable manner of
accomplishing this is through offering
personalized license plates for motor vehicles, the fees for which are to be
directed to the state treasury to the
credit of the state game fund for the
furtherance of the programs, policies, and
activities of the state game department in
preservation,
protection,
perpetuation,
and enhancement of the wildlife resources
that abound within the geographical limits
of the state of Washington.
In particular, the legislature recognizes the benefit of this program to be
specifically directed toward those species
of wildlife including but not limited to
songbirds, protected wildlife, rare and
endangered wildlife,
aguatic life,
and
specialized-habitat types, both terrestrial and aq~atic, as well as all unclassified marine fish,
shellfish, and marine
invertebrates which shall remain under the
jurisdiction of the director of fisheries
that exist within the limits of the state
of Washington. [ 1973 1st ex.s.
c 200 §
Pb\.U~JlSE
Q!!!!] lN l!!QB
~ARRAN! TO~]
LA]Q~ !~!!~ tl~1Q~
77.12.390
Ql I!!liQ lQR !tl!ftl
Upon
receipt of any voucher, the commissioner
of public lands shall immediately execute
the same and cause such lands to be
withdrawn from lease.
The said commissioner shall thereupon forward to the
state treasurer the said voucher and the
state treasurer shall thereupon draw a
warrant against the state game fund and in
favor of the particular fund for which the
withdrawn
lands have been theretofore
held.
[ 1973 c 106 § 35;
1955 c 36 §
77.12.390.
Prior:
1947 c 130 § 4; Rem.
Supp. 194 7 § 8136-13. J
Chapter 77.32
LICENSES
77.32.230
FREE LICENSES--CERTAIN VETERANS--BLIND fERSONS~-Any~ona fiae-resi=
dentofthis state who is a veteran of the
spanish-American War, or any person sixtyfive or more years of age who is an
honorably discharged veteran of the United
states military or naval forces having a
service-connected disability and who has
been a resident of this state for five
years, upon the making of an affidavit to
such effect, shall be given a state hunting and fishing license free of charge
upon application therefor:
PROVIDED, That
the applicant pays the statutory agent's
fee for such license.
Any person who is blind shall be issued
a fishing license free of charge except
for the statutory agent's fee.
Such license shall be renewable annually under
the same conditions.
Any separate tags or
punch cards which may be required by law
shall not be deemed to be included with
the free fishing license and must be
purchased separately by any person receiving a license pursuant to this section.
[1973 1st ex.s. c 58 § 1; 1961 c 94 § 2;
1959 c 245 § 2; 1955 c 36 § 77.32.230.
Prior:
1947 c 275 § 112; Rem. Supp.
1947
§ 5992·121.]
TITLE 78
MINES, MINERALS, AND PETROLEUM
Sections added, amended, or repealed:
~h.s..Ete£ 18.:..!!.Q
~2A1 MiniM ~~
1.)
78.40.606
Bgxi§g£~2
n£!gl
The enactment of this
section was subject to a referendum.
See
RCW 46.16.610.
The section was adopted
and ratified by the people at the November
6,
1973 general election {Referendum Bill
No. 33).
1973 RCW SUPP.
Employment of persons under
eighteen, when--Penalty.
Chg.,Eter 78.:...9.!!
78.48.080
[ 715 )
~ling
to 11~1£et ~Qg.g§~
Funds and contributions-Expenditure.
Ch. 78.40
MINES, MINERALS, AND PETROLEUM
--------------------------------------------------------------------------------------Chapter 78.40
COAL MINING CODE
78.40.606
~MPLOYMM..I Q!'. R§R~NS
UN~§R
.].Ig!IT.ll!L !HEN=--lll!!1!.!:.. No person under
eighteen years of age shall be employed or
permitted to be in any mine for the
purpose of employment therein.
No person
under the age of sixteen years shall be
employed or permitted to be in or about
the surface workings of any mine for the
purpose of employment:
PROVIDED,
That
this prohibition shall not affect the
employment of boys or girls for clerical
or messenger duty about the surface workings as permitted under the state and
federal laws.
When an employer is in doubt as to the
age of any person applying for employment
in or about the mine, he shall demand and
receive proof of the age of such person by
certificate from the parents or guardian
of such person before such person shall be
employed.
Said certificate shall consist
of an affidavit, sworn and subscribed to
before a justice of the peace or notary
public, that the person making such affidavit, is of the prescribed age
for
employment.
Any person swearing falsely in regard to
the age of a person shall be guilty of
perjury and shall be punished as provided
in the statutes of the state.
(1973 1st
ex.s. c 154 § 114; 1943 c 211 § 11; 1917 c
36 § 165; Rem. Supp. 1943 § 8800. Prior:
1909 c 117 § 4; 1891 c 81 § 12; 1887 c 21
§ 6, part; 1885 p 132 § 24, part. Formerly RCW 78.34.040.)
§~~~~~ility--1211 le! ~§~ £ ~~
note following RCW 2.12.030.
78.48.080
TITLE 7 9
PUBLIC LANDS
Sections added, amended, or repealed:
79.08.180
see
79.08.220
Chapter 78. 48
MINE TO MARKET ROADS
fEN~~~
deposited to the credit of the motor
vehicle fund for the use of the director
of highways to defray the cost of establishment, location and construction of the
mine to market road or trail,
or that
portion thereof for which such contribution was made.
Whenever, upon completion of a mine to
market road or trail, there shall be an
unexpended balance of a contribution received from a private individual, firm,
corporation or association in aid of the
construction of such mine to market road
or trail the director of highways shall
prepare a voucher to the state treasurer
for the issuance of a warrant in favor of
the donor against the motor vehicle fund
in the amount of such unexpended balance.
In the event that any private individual, firm, corporation or association de•
sires to donate labor,
machinery
or
equipment in aid of the location or construction of a
mine to market road or
trail the director of highways is authorized to accept and use the same. (1973 c
106 § 36; 1951 c 49 § 1; 1945 c 222 § 5;
1943 c 146 § 4; 1939 c 175 § 6; Rem. Supp.
1945 § 6450-2 Sf. ]
FUN~§~!~ £Q!!li!~[I!Q!§==!!=
In the event that any funds
are made available from the federal government or from any department, division
or agency thereof for the purpose of
paying the cost of the establishment,
location and construction of any mine to
market road or trail, such funds shall be
received by the state treasurer of the
state of washington and deposited by him
in the motor vehicle fund:
PROVIDED, That
the director of highways and all officers,
departments, boards or commissions of the
state of Washington shall have the power
to receive and use such federal
funds in
such manner as the federal agency making
such contributions shall provide.
In the
event that any private individual, firm,
corporation or association may desire to
make any contribution to aid in the cost
of construction of any mine to market road
or trail, such contribution shall be made
in lawful money of the United States by
delivery to the state treasurer and by him
79.08.230
79.08.240
Exchange of lands to facilitate
marketing of forest products,
to consolidate and block up
state lands or to obtain lands
having commercial recreational
leasing potential.
State school lands used by cities and counties for park and
recreational purposes--Such
purposes deemed highest and
best use.
State school lands leased to
cities and towns as open space
land--Registration--Classification under chapter 8~.34 RCW.
State school lands leased to
cities and towns as open space
land--Cost of lease to be
equivalent to property taxes
levied on similar private land
classified under chapter 84.34
RCW.
~hsE!~~ 12~~~
79.24.030
£S£itQl ~ui~ing 1~n~2~
Employment of assistants--Payment of expenses.
~h~E!g~ 12~~~
B~1sms!i£n
una~r ~~1 Act~
79.~8.130
( 716 ]
2!
Ari~ ~nds
Application for entry--Certificate of location--Minimum
price.
RECLAMATION OF ARID LANDS
79.48.130
--------------------------------------------------------------------------------------of the state in carrying out the provisions of this act, and all expenses incurred by the board and committee, and all
claims against the general fund--capitol
building construction account shall be
audited by the state capitol committee and
presented in vouchers to the state treasurer,
who shall draw a warrant therefor
against the general fund--capitol building
construction account as herein provided or
out of any appropriation made for such
purpose.
[1973 c 106 § 37; 1959 c 257 §
43; 1911 c 59 § 12; 1909 c 69 § 7;
RRS §
7903.]
SUBJECT INDEX--PUBLIC LAND ACTS
OF SPECIAL OR HISTORICAL NATURE
NOT CODIFIED IN RCW
(Supplementing the table on
page [Digest--p 3] of Title 79,
white pages and on page [T79-11]
of green supplement)
Year
Chapter
Mason county, exchange
of forest trust land ••• 1973
26
Chapter 79.08
GENERAL PROVISIONS
OF ~!Q~ !Q l!CILI::
Q! !Q~~! fRQQUC!~L !Q
CONSOLIDATE AND BLOCK UP STATE LANDS OR TO
OBTAI~LANDS-HAVING-cOMMERCIAL RECREATION~
1 iiis!ii~ PoiENTiu:---For
facilitating the marketing of forest products of state lands, or consolidating and
blocking up of state lands, or the acquisition of lands having commercial recreational leasing potential, the commissioner
of public lands may, with the advice and
approval of such state board, commission,
committee, or agency exercising control
over the disposal of the land involved,
exchange any state lands with any timber
thereon for any other land of equal value,
including other state lands, lands of the
united States, county or municipal lands
of any character, and privately owned
lands.
[ 1973 1st ex.s. c 50 § 2; 1961 c
77 § 4; 1957 c 290 § 1.)
79.08.180
!!!~
Chapter 79. 4 8
RECLAMATION OF ARID LANDS UNDER CAREY ACT
EX~HANG~
H!RKETI]~
the 'Purpose-of'
4
Chapter 79.24
CAPITOL BUILDING LANDS
79.24.030
EMPLOYMENT Ql !~~IST!NTS-=
fAYH~NT Q! ~!PENSES~The board of natural
resources and the state capitol committee
may employ such cruisers, draughtsmen,
engineers, architects or other assistants
as may be necessary for the best interests
1973 RCW SUPP.
79.48.130
APPLICATIQ! !QR EN!RY=-C~R::
TIFICATE OF kOC!TION-~MIN~UM RR!£~~ Any
citizen- of- the United States, or any
person having declared his intention to
become a citizen of the United States
eighteen years of age or over, may make
application under oath, to the commissioner of public lands, to enter any of said
lands in any amount not to exceed one
hundred and sixty acres for any one person; such application shall set forth that
the person desiring to make such entry
does so for the purpose of actual reclamation, cultivation and settlement in accordance with the act of congress and the
laws of this state relating thereto, and
the applicant has never received the benefit of the provisions of this chapter, to
an amount greater than one hundred and
sixty acres, including the number of acres
specified in the application under consideration.
Such application must be accompanied by a certified copy of a contract
for a perpetual water right,
made and
entered into by the party making application with the person, company or association of persons, or incorporated company
who have been authorized by the commissioner of public lands to furnish water
for the reclamation of said land; and if
said applicant has at any previous time
entered land under the provisions of this
chapter, he shall so state in his application, together with the description, date
of entry and location of said lands.
The
commissioner of public lands shall thereupon file in his office the application
and papers relating thereto, and, if allowed, issue a certificate of location to
the applicant. All applications for entry
shall be accompanied by a payment of one
dollar per acre, which shall be paid as a
partial payment on the land if the application is allowed, and all certificates
when issued shall be recorded in a book to
be kept for that purpose. If the application is not allowed, or the contractor
fails to complete the work according to
contract the one dollar per acre accompanying the application shall be returned to
the applicant. The commissioner of public
lands shall dispose of all lands accepted
[ 717
)
79.48.130
PUBLIC LANDS
--------------------------------------------------------------------------------------by the state under the provisions of this
chapter at a uniform price of not less
than ten dollars per acre, one-tenth to be
paid at the time of entry and the remainder fn nine equal annual installments,
with interest at six percent per annum
payable annually, provided a settler may
make payme.nt in full at any time upon or
after making final proof. [1973 1st ex.s.
c 154 § 115; 1971 ex.s. c 292 §55; 1903 c
152 § 12; RRS § 7934.]
~fifi~ility _1971 1§! ~§~ £ lli.i.
note following RCW 2.12.030.
state, or for any project in which the
state is interested.
No gas company, electrical company or
water company shall extend to any person
or corporation any form of contract or
agreement or any rule or regulation or any
privilege or facility except such as are
regularly and uniformly extended to all
persons and corporations under like circumstances.
(1973 1st ex.s. c 154 § 116;
1961 c 14 § 80.28.080. Prior: 1911 c 117
§ 29; RRS § 10365.)
See
~g:!gn.Qil:i1I=J273 1ll g.!.:.§.:. £ 1.2!ti
note following RCW 2.12.030.
TITLE 80
PUBLIC UTILITIES
Chapter 80.50
THERMAL POWER PLANTS--SITE LOCATIONS
Sections added, amended, or repealed:
£haE.tfi ~Q~1~
§s§L
Com~nie§~
80.28.080
~1g£!£i£s1
see
Cross Reference:
water pollution control, thermal power
plants, permits, etc., duties of thermal
power plant site evaluation council: RC'il
90.48.262.
sn£ !aig£
Published rates to be charged-Exceptions.
TITLE 81
TRANSPORTATION
Chapter 80.28
GAS, ELECTRICAL AND WATER COMPANIES
Sections added, amended, or repealed;
RA!~~
TO
~~
No
gas company,
electrical company or water company shall
charge,
demand, collect or receive a
greater or less or different compensation
for any service rendered or to be rendered
than the rates and charges applicable to
such service as specified in its schedule
filed and in effect at the time, nor shall
any such company directly or indirectly
refund or remit in any manner or by any
device any portion of the rates or charges
so specified, or furnish its product at
free or reduced rates except to its employees and their families, and its officers, attorneys, and agents; to hospitals,
charitable and eleemosynary institutions
and persons engaged in charitabl€ and
eleemosynary work; to indigent and destitute persons; to national homes or state
homes for disabled volunteer soldiers and
soldiers• and sailors• homes: PROVIDED,
That the term "employees" as used in this
paragraph shall include furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in
the service of any such company; and the
term "families," as used in this paragraph, shall include the families of those
persons named in this proviso, the families of persons killed or dying in the
service, also the families of persons
killed, and the surviving spouse prior to
remarriage, and the minor children during
mino7ity of persons who died while in the
serv~ce
of any of the companies named in
this paragraph:
AND PROVIDED, FURTHER,
That water companies may furnish free or
at reduced rates water for the use of the
80.28.080
RY~11~H~~
£HAE§~Q==El£~IQNS~
£hsQter
~.:.~
81.04.405
81.04.510
chs£!g£
£hs£!gr
Additional penalties--Violations by public service companies and officers, agents, and
employees thereof.
Engaging in business or operating without approval or authority--Procedure.
ll.:.~.!!.
81.28.080
~Q]!!]!Q!!
£srrieu i!!
Published rates to be charged-Exceptions.
~1.:.~.!!.
.!!~
Eailr.QSQ§=QEgll.ing
Speed within cities and at
grade crossings may be
regulated.
£hsE!gr .!!.1:..21
81.53.271
81.53.281
Hsil£22Q§=££22§i!!g2:..
Crossing signals, warning devices-Petition, contents-Apportionment of installation and
maintenance costs.
crossing signals, warning devices--Grade crossing protective fund-Created--Allocations
from, procedure-Recov,ery of
costs.
~~§
!llQ !llnsporllii.Q!l.
nie§:..
81.68.050
[ 718 ]
2~ngul:..
iD!irgmgn!§ sn£ sggulttiQ!Hl.:.
81.48.030
ChsEter
Eegu],atiQl12==~ngH!:..
Filing fees.
Comp~Â
REGULATIONS--GENERAL
81.04.510
--------------------------------------------------------------------------------------~M£i~
81.70.060
81.70.095
81.70.100
Applications for certificatesAnnual renewal fee-Initial
filing fee.
Temporary certificates--Duration--Terms and conditions.
Certificate not to be transferred or encumbered unless
authorized.
£h~2S~ ~1
!i2n
81.77.050
~ha£1fi
.fa22ngtl £hart~£ £llrieil.:.
ll.:.1Q
81.80.150
81.80.180
81.80.270
81.80.272
Motor Ueiqht
£~££ier§..L
Form of application--Filing
fees.
Tariffs to be compiled and sold
by commission.
Hearing to determine carrier's
classification.
Transfer, assignment of P7rmits--Acquisition of carr1er
holding permit, commission approval-Duties on cessation of
operation.
Transfer of decedent's interest-Temporary continuance of
operations.
fhallfi 81.U
81.84.040
snQ Eg!y§~ £Qllec=
Filing fees.
ll-:.80
81.80.090
2s~sg~
Col!!~ni~§.:.
Steambg_g!_
£2!!lpani~h
Filing fees.
£ha2t~ ~1~2~
!har!ing~r§
sng
Bs~hQ~§~=
.!!!~
81.94.060
the violation shall be considered a violation under the provisions of this section
and subject to the penalty herein provided
for.
The penalty herein provided for shall
become due and payable when the person
incurring the same receives a notice in
writing from the commission describing
such violation with reasonable particularity and advising such person that the
penalty is due. The commission may, upon
written
application therefor, received
within fifteen days, remit or mitigate any
penalty provided for in this section or
discontinue any prosecution to recover the
same upon such terms as it in its discretion shall deem proper and shall have
authority to ascertain the facts upon all
such applications in such manner and under
such regulations as it may deem proper.
If the amount of such penalty is not paid
to the commission within fifteen days
after receipt of notice imposing the same
or application for remission or mitigation
has not been made within fifteen days
after violator has received notice of the
disposition of such application the attorney general shall bring an action in the
name of the state of washington in the
superior court of Thurston county or of
some other county in which such violator
may do business, to recover such penalty.
In all such actions the procedure and
rules of evidence shall be the same as an
ordinary civil action except as otherwise
herein provided. All penal ties recovered
under this title shall be paid into the
state treasury and credited to the public
service revolving fund. [1973 c 115 § 2;
1963 c 59§ 3.]
Published rates to be charged-Exceptions.
~!2!QING I! §USI!~~.§: QE
QR=
~IIHQQ! !.fREQ!AL
OR !Q!HQEIII==
81.04.510
~E!!I!2
Chapter 81. 04
REGULATIONS--GENERAL
ADDITI0!!1 R!]!LT!!2==J!Q1!=
SE,!!!IC~
£Q!1PAll~a
AN]
!lill EMRLO.!~~.§: llill.Ql.L
In addition to all other penalties provided by law every public service company
subject to the provisions of this title
and every officer, agent or employee of
any such public service company who violates or who procures, aids or abets in
the violation of any provision of this
title or any order, rule, regulation or
decision of the commission, and every
person or corporation violating the provisions o.f any cease and desist order issued
pursuant to RCW 81.04.510, shall incur a
penalty of one hundred dollars for every
such violation. Each and every such violation shall be a separate and distinct
offense and in case of a continuing violation every day's continuance shall be and
be deemed to be a separate and distinct
violation.
Every act of commission or
omission which procures, aids or abets in
81.04.405
llQ~
ll. .fUBLIC
QU~~ ~NTSL
1973 RCW SUPP.
Whether or not any person or
corporation is conducting business requiring operating authority, or has performed
or is performing any act requiring approval of the commission without securing such
approval, shall be a question of fact to
be determined by the commission. Whenever
the commission believes that any person or
corporation is engaged in operations without the necessary approval or authority
required by any provision of this title,
it may institute a special proceeding
requiring such person or corporation to
appear before the commission at a location
convenient for witnesses and the production of evidence and bring with him books,
records, accounts and other memoranda, and
give testimony under oath as to his operations or acts, and the burden shall rest
upon such person or corporation of proving
that his operations or acts are not subject to the provisions of this chapter.
The commission may consider any and all
facts that may indicate the true nature
and extent of the operations or acts and
may subpoena such witnesses and documents
as it deems necessary.
REQ£~~~~
[ 719 ]
81.04.510
TRANSPORTATION
----------------------------------------After having made
the
investigation
herein described, the commission is authorized and directed to issue the necessary
order or orders declaring the operations
or acts to be subject to, or not subject
to, the provisions of this title. In the
event the operations or acts are found to
be subject to the provisions of this
title, the commission is authorized and
directed to issue cease and des.ist orders
to all parties involved in the operations
or acts.
In proceedings under this section no
person or corporation shall be excused
from testifying or from producing any
book, waybill, document, paper or account
before the commission when ordered to do
so, on the ground that the testimony or
evidence, book, waybill, document, paper
or account required of him may tend to
incriminate him or subject him to penalty
or forfeiture;
but no person or corporation shall be prosecuted, punished or
subjected to any penalty or forfeiture for
or on account of any account, transaction,
matter or thing concerning which he shall
under oath have testified or produced
documentary evidence in proceedings under
this section: PROVIDED, That no person so
testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. (1973 c 115
§ 15.
and eleemosynary work; to indigent, destitute and homeless persons and to such
persons when transported by charitable
societies or hospitals, and the necessary
~gents employed in such transportation; to
~nmates
of the national homes or state
homes for disabled volunteer soldiers and
of soldiers• and sailors • homes, including
those about to enter and those returning
home after discharge; to necessary caretakers of livestock, poultry, milk and
fruit; to employees of sleeping car companies, express companies, and to linemen of
telegraph
and telephone companies; to
railway mail service employees, post office inspectors, customs inspectors and
immigration inspectors; to newsboys on
trains; baggage agents, witnesses attend•
ing any legal investigation in which the
common carrier is interested; to persons
injured in accidents or wrecks and physicians and nurses attending such persons;
to the National Guard of Washington when
on official duty, and students ,going to
and returning from state institutions of
learning:
PROVIDED, That this provision
shall not be construed to prohibit the
interchange of passes for the officers,
attorneys, agents and employees and their
families, of railroad companies, steamboat
companies, express companies and sleeping
car companies with other railroad compa•
nies, steamboat companies, express companies and sleeping car companies, nor to
prohibit any common carrier from carrying
passengers free with the object of providing relief in cases of general epidemic,
pestilence, or other calamitous visitation: AND PROVIDED, FUBTHER, That this
prov~s~on
shall not be construed to prohibit the exchange of passes or franks for
the officers, attorneys, agents, employ•
ees, and their families of such telegraph,
telephone and cable lines, and the officers, attorneys, agents, employees, and
their families of other telegraph, tele·
phone or cable lines, or with railroad
companies, express companies or sleeping
car companies:
PROVIDED, FURTHER, That
the term "employee" as used in this section shall include furloughed, pensioned,
and superannuated employees, persons who
have become disabled or infirm in the
service of any such common carrier, and
the remains of a person killed or dying in
the employment of a carrier, those enter ..
ing or leaving its service and ex-employees traveling for the purpose of entering
the service of any such common carrier;
and the term "families" as used in this
section shall include the families of
those persons named in this proviso, also
the families of persons killed and the
surv~v~ng spouses prior to remarriage and
minor children during minority, of persons
who died while in the service of any such
common carrier:
AND PROVIDED, FURTHER,
That nothing herein contained shall p:event the issuance of mileage, commutat~on
tickets or excursion passenger tickets:
AND PROVIDED,
FURTHER, That nothing in
this section shall be construed to prevent
J
Chapter 81.28
COMMON CARRIERS IN GENERAL
!Q
BE
common carrier
shallcharge, demand, collect or receive a
greater or less or different compensation
for transportation of persons or property,
or for any service in connection therewith, than the rates,
fares and charges
applicable to such transportation as specified in its schedules filed and in effect
at the time; nor shall any such carrier
refund or remit in any manner or by any
device any portion of the rates, fares, or
charges so specified excepting upon order
of the commission as hereinafter provided,
nor extend to any shipper or person any
privileges or facilities in the transportation of passengers or property except
such as are regularly and uniformly ex~
tended to all persons and corporations
under like circumstances. No common carrier shall, directly or indirectly, issue
or give any free ticket, free pass or free
or reduced transportation for passengers
between points within this state, except
its employees and their families, surgeons
and physicians and their families, its
officers, agents and attorneys at law; to
ministers of religion, traveling secretaries of railroad Young Men's Christian
Associations, inmates of hospitals, charitable and eleemosynary institutions and
persons exclusively engaged in charitable
81.28.080
PUBLISHED
CHARGED--EXCEPTIO~--No
R!!~~
[
-----~
720
]
RAILROADS--CROSSINGS
81.53.281
---------------------------------------------------~----------------------------------
the issuance of free or reduced transportation by any street railroad company for
mail carriers, ·or policemen or members of
fire departments, city officers, and employees when engaged in the performance of
their duties as such city employees.
common carriers subject to the provisions of this title may carry, store or
handle, free or at reduced rates, property
for the United States, state, county or
municipal governments, or for charitable
purposes, or to or from fairs and exhibitions for exhibition thereat, and may
carry, store or handle, free or at reduced
rates, the household goods and personal
effects of its employees and those entering or leaving its service and those
killed or dying while in its service.
Nothing in this title shall be construed
to prohibit the making of a special contract providing for the mutual exchange of
service between any railroad company and
any telegraph or telephone company, where
the line of such telegraph or telephone
company is situated upon or along the
railroad right of way and used by both of
such companies. (1973 1st ex.s. c 154 §
117; 1961 c 14 § 81.28.080. Prior:
1929
c 96 § 1; 19.11-c 117 § 18~ RRS § 10354.
Formerly RCW 81.28.080 through 81.28.130,
81.28.150
through
81.28.170,
and
80.36.130.]
Chapter 81.48
REQUIREMENTS AND REGULATIONS
RAILROADS~OPERATING
81.48.030
~g~ED !I!M!N £!!!~~ !NQ !1
GRADE CROSSINGS ~!X ~ REGULATED. The
right to-fix-and regulate -the--speed of
railway trains within the limits of code
cities, cities of the second class, third
class, towns, and at grade crossings as
defined in RCW 81.53.010 where such grade
crossings are outside the limits of cities
and towns, is vested exclusively in the
commission: PROVIDED, That RCW 81.48.030
and 81.48.040 shall not apply to street
railways which may be operating or hereafter operated within the limits of said
cities and towns. [1973 c 115 § 3; 1971
ex.s. c 143 § 1; 19~1 c 14 § 81.48.030.
Prior:
1943 c 228 § 1; Rem. Supp. 1943 §
10547-1. J
Chapter 81. 53
RAILROADS-CROSSINGS
81.53.271
£ROSS!!2 ~I2!!1~L
WAi!IN§
Q~J£ES=-P~!ITIQNL ~QMTE!T~!fgQRTIQN]]N!
Q! IN~I!1b!IJQN !!Q ~JNT~BA!~~ £OS~~
The petition shall set forth by description the location of the crossing or
crossings, the type of signal or other
1973 RCW SUPP.
[
warning device to be installed, the necessity from the standpoint of public safety
for such installation, the approximate
cost of installation, and the approximate
annual cost of maintenance. If installation is directed by the commission, it
shall apportion the cost of installation
and
maintenance
as provided in this
section:
Installation: (1)
Sixty percent to the
grade crossing protective fund, created by
RCW 81.53.281;
(2)
Thirty percent to the city, town,
county or state; and
(3)
Ten percent to the railroad:
PROVIDED, That, if the proposed installation is located at a new crossing requested by a city, town, county or state,
forty percent of the cost shall be apportioned to the city, town, county or state,
and none to the railroad. If the proposed
installation is located at a new crossing
requested by a railroad, then the entire
cost shall be apportioned to the railroad.
In the event the city, town, county, or
state should concurrently petition the
commission and secure an order authorizing
the closure of an existing crossing or
crossings in proximity to the crossing for
which installation of signals or other
warning devices shall have been directed,
the apportionment to the petitioning city,
town, county, or state shall be reduced by
ten percent of the total cost for each
crossing ordered closed and the apportionment from the grade crossing protective
fund increased accordingly.
This exception shall not be construed to permit a
charge to the grade crossing protective
fund in an amount greater than the total
cost otherwise apportionable to the city,
town, county, or state.
No reduction
shall be applied where one crossing is
closed and another opened in lieu thereof,
nor to crossings of a private nature.
Maintenance: (1)
Twenty-five percent to
the grade crossing protective fund, created by RCW 81.53.281; and
(2) seventy-five
percent
to
the
railroad:
PROVIDED, That if the proposed installation is located at a new crossing requested by a railroad, then the entire cost
shall be apportioned to the railroad.
[1973 1st ex.s. c 77 § 1; 1969 c 134 § 2.]
81.53.281
fli~~JNG
~IG~L
!!RNI!~
DE!IgS-:=Q!!!Q~ £ROSSIN§ PRQ.!.K!I!~
I!U!Q=
CR~!!]D =!11Q£ATIQ!§
!!!OML ~Q£]~QI!E--RE=
£Q!~RY Ql £Q~!~
There is hereby created
in the state treasury a "grade crossing
protective fund," to which shall be transferred all moneys appropriated for the
purpose of carrying out the provisions of
RCW 81.53.261, 81.53.271, 81.53.281 and
81.53.291. At the time the commission
makes each allocation of cost to said
grade crossing protective fund, it shall
certify that such cost shall be payable
out of said fund. Upon completion of the
installation of any such signal or other
721 ]
TRANSPORTATION
81.53.281
--------------------------------------------------------------------------------------protective device, the railroad
shall
present its claim for reimbursement for
the cost of installation from said fund of
the amount allocated thereto by the commission. The annual cost of maintenance
shall be presented and paid in a like
manner. The commission is hereby authorized to recover administrative costs from
said fund in an amount not to exceed three
percent of the direct appropriation provided for any biennium, and in the event
administrative costs exceed three percent
of the appropriation, the excess shall be
chargeable to regulatory fees paid by
railroads pursuant to
RCW
81.24.010.
[1973 c 115 § 4; 1969 c 134 § 3.]
Chapter 81.68
AUTO TRANSPORTATION COMPANIES
temporary certificate may be issued for a
period not to exceed one hundred twenty
days. The commission may prescribe such
special rules and regulations and impose
such special terms and conditions with
reference thereto as in its judgment are
reasonable and necessary in carrying out
the provisions of this chapter. (1973 c
115 § 7; 1969 c 132 § a. J
s1. 1o.1oo QRTIF:Is;ll] w !2 It~ T~.ua:
FERRED OR ENCUMBERED UNLESS AUTHORIZED.
"N;--c-ert:Ificatei'Ssiied-"Piirsuant:--rot:his
chapter or rights to conduct any of the
services
therein
authorized shall be
leased, assigned or otherwise transferred
or encumbered, unless authorized by the
commission. [1973 c 115 § 8; 1969 c 132 §
9; 1965 c 150 § 11.]
81.68.050
FILINQ l]~~
Any application for a certificate of public convenience and necessity or amendment thereof,
or application to sell, lease, mortgage,
or transfer a certificate of public convenience
and necessity or any interest
therein, shall be accompanied by such
filing fees as the commission may prescribe by rule: PROVIDED, That such fee
shall not exceed two hundred dollars.
(1973 c 115 § 5; 1961 c
14 § 81.68.050.
Prior: 1955 c 125 § 9; prior: 1937 c 158
§ 2, part; RRS § 10417-1, part. J
Chapter 81.77
GARBAGE AND REFUSE COLLECTION COMPANIES
81.77.050
!!1!.!1Q K]E~
Any application for a certificate of public convenience and necessity or amendment thereof,
or application to sell, lease, mortgage,
or transfer a certificate of public convenience
and necessity or any interest
therein, shall be accompanied by such
filing fee as the commission may prescribe
by rule: PROVIDED, That such fee shall
not exceed two hundred dollars. [1973 c
115 § 9; 1961 c 295 § 6.]
Chapter 81.70
PASSENGER CHARTER CARRIERS
Chapter 81 .80
MOTOR FREIGHT CARRIERS
81.70.060
}gg1J~!!l~~
s;ll~=!.!B!ll1 ~IDl]!AL
!OR
CE~TIFI=
Kll=ll1!!!!1 fiLIN§
Each annual application for a certificate to act as a charter party carrier
of passengers pursuant to the provisions
of this chapter shall be accompanied by an
annual renewal fee of twenty-five dollars.
Each initial application for a permanent
or temporary certificate, or transfer or
encumbrance of a certificate shall be
accompanied by such filing fee as the
commission may prescribe by rule: PROVIDED, That such fee shall not exceed two
hundred dollars. [1973 c 115 § 6; 1969 c
132 § 4; 1965 c 150 § 7.]
fEE~
81.70.095
TEMPORARY CERTIFICATES-DUBATION-TER!S ANn-coiDiTI0~~b;-cOmmiS:
sion may with or-withou~hearing issue
temporary certificates to engage in the
business of operating a passenger charter
carrier company, but only after it finds
that the issuance of such temporary certificate is consistent with the public
interest. such temporary certificate may
be issued for a period up to one hundred
eighty days where the territory covered
thereby is not contained in the certificate of any other passenger charter carrier company.
In all other cases such
81.80.090
FE~§~
.fQR~
?F !ff1!~!!Q!==l1b!!§
The comm1ss1on shall
prescribe
forms of application for permits and for
extensions thereof for the use of prospective applicants, and for transfer of permits and for acquisition of control of
carriers holding permits, and shall make
regulations for the filing thereof.
Any
such application shall be accompanied by
such filing fee as the commission may
prescribe by rule:
PROVIDED, That such
fee shall not exceed two hundred dollars.
[1973
c
115 § 10; 1961 c 14 § 81.80.090.
166 § 7;
Prior: 1941 c 163 § 2; 1937 c
1935 c 184 § 7; RRS § 6382-7.]
ll!!IFF2 TO~~ £0MP!1~J:! !!Q
BY COMMISSION. The commission shall
fix;-construet, compile, promulgate,
publish, and distribute tariffs contai~i~g
compilations of rates, charges, class1f1cations, rules and regulations to be used
by all common carriers. In compiling such
tariffs it shall include within any given
tariff compilation such carriers, gr~ups
of carriers, commodities, or geograph1cal
areas as it determines shall be in the
public interest.
Such compilations and
81.80.150
SOLD
make,
( 722 ]
81.80. 270
MOTOR FREIGHT CARRIERS
--------------------------------------------------------------------------------------publications may be made by the commission
by compiling the rates, charges, classifications, rules, and regulations now in
effect, and as they may be amended and
altered from time to time after notice and
hearing, by issuing and distributing revised pages or supplements to such tariffs
or reissues thereof in accordance with the
orders of the commission: PROVIDED, That
the commission, upon good cause shown, may
establish temporary rates, charges, or
classification changes which may be made
permanent only after publication in an
applicable tariff for not less than sixty
days, and determination by the commission
thereafter that the rates, charges or
classifications are just, fair and reasonable:
PROVIDED FURTHER, That temporary
rates shall not be made permanent except
upon notice and hearing if within sixty
days from ,date of publication, a shipper
or common carrier, or representative of
either, shall file with the commission a
protest alleging such temporary rates to
be unjust, unfair or unreasonable.
For
purposes of this proviso, the publication
of temporary rates in the tariff shall be
deemed adequate public notice. Nothing
herein shall be construed to prevent the
commission from proceeding on its own
motion, upon notice and hearing, to fix
and determine just, fair and reasonable
rates, charges and classifications. The
proper tariff, or tariffs, applicable to a
carrier's operations shall be available to
the public at each agency and office of
all common carriers operating within this
state. such compilations and publications
shall be sold by the commission for not to
exceed ten dollars for each tariff. corrections to such publications shall be
furnished to all subscribers to tariffs in
the form of corrected pages to the tariffs, supplements or reissues thereof. In
addition to the initial charge for each
tariff, the commission shall charge an
annual maintenance fee of not to exceed
ten dollars per tariff to cover the cost
of issuing corrections or supplements and
mailing them to subscribers:
PROVIDED,
That copies may be furnished free to other
regulatory bodies and departments of government and to colleges, schools, and
libraries.
All copies of the compilations, whether sold or given free, shall
be issued and distributed under rules and
regulations to be fixed by the commission:
PROVIDED FURTHER, That the commission may
by order authorize common carriers to
publish and file tariffs with the commission and be governed thereby in respect to
certain designated commodities and services when, in. the opinion of the commission, it is impractical for the commission
to make, fix, construct, compile, publish
and distribute tariffs covering such commodities and services. (1973 c 115 § 11;
1961 c 14 § 81.80.150. Prior:
1959 c 248
§ 5; 1957 c 205 § 6; 1947 c 264 § 4;
1941
c 163 § 3;
1937 c 166 § 10; Rem. Supp.
1947 § 6382-11a.]
1973 RCW SUPP.
81.80.180
HEARING TO DETERMINE f!EB!=
ER'S CL~~IfifA!IQH~ -[1961-c-;4-§ 81.80Prior: 1941 c 163 § 4; 1937 c 166
§ 13;
1935 c 184 § 15; RRS § 6382-15.]
Repealed by 1973 c 115 § 16.
:;so.
81.80.270
ISAN~ERL AS~!Q!~~N!
OF
g~S=
~!~==AC~Y!~I!!Q] Ql ~ABRI~ nQ1~!!Q
g~B=
~!!L
~Q~~I~~IQN
!ggROVAb==QY!!~~
Q!
CESSATION OF OPERATION.
No permit
issued
under-~he-authority-of this chapter shall
be construed to be irrevocable. Nor shall
such permit be subject to transfer or
assignment except upon a proper showing
that property rights might be affected
thereby, and then in the discretion of the
commission.
No person, partnership or corporation,
singly or in combination with any other
person, partnership or corporation, whether a carrier holding a permit or otherwise, or any combination of such, shall
acquire control or enter into any agreement or arrangement to acquire control of
a common or contract carrier holding a
permit through ownership of its stock or
through purchase,
lease or contract to
manage the business, or otherwise except
after and with the approval and authorization of the commission:
PROVIDED, That
upon the dissolution of a partnership,
which holds a permit,
because of the
death, bankruptcy. or withdrawal of a
partner where such partner's interest is
transferred to his spouse or to one or
more remaining partners, or in the case of
a corporation which holds a permit, in the
case of the death of a shareholder where a
shareholder's
interest
upon death is
transferred to his spouse or to one or
more of the remaining shareholders, the
commission shall transfer the permit to
the newly organized partnership which is
substantially composed of the remaining
partners, or continue the corporation's
permit without making the proceeding subject to hearing and protest. In all other
cases any such transaction either directly
or indirectly entered into without approval of the commission shall be void and of
no effect, and it shall be unlawful for
any person seeking to acquire or divest
control of such permit to be a party to
any such transaction without approval of
the commission.
Every carrier who shall cease operation
and abandon his rights under the permits
issued him shall notify the commission
within thirty days of such cessation or
abandonment, and return to the commission
the identification cards issued to him.
(1973 c 115 § 12; 1969 ex.s. c 210 § 12;
1965 ex.s. c 134 § 1; 1963 c 59 § 6; 1961
c 14 § 81.80.270. Prior: 1959 c 248 §
24; 1937 c 166 § 18; 1935 c 184 § 23; RRS
§ 6382-23.]
[ 723 ]
81.80.272
TRANSPORTATION
--------------------------------------------------------------------------------------81.80.272
IR!NSFEE Qf DECliDENT'~ !!~
TEREST--TEKPORARY CONT!!QA!£~ Ql QPERA~
!IQNS~~xcept-as otherwise provided in
RCW 81.80.270 any permit granted to any
person under this chapter and held by that
person alone or in conjunction with others
other ~han as stockholders in a corporation at the time of his death shall be
transferable the same as any other right
or interest of the person's estate subject
to the following:
(1) Application for transfer shall be
made to the commission in such form and
contain such information as the commission
shall prescribe. The transfer described in
any such application shall be approved if
it appears from the application or from
any hearing held thereon or from any
investigation thereof that the proposed
transferee is fit, willing and able properly to perform the services authorized by
the permit to be transferred and to conform to the provisions of this chapter and
the requirements, rules and regulations of
the commission thereunder, otherwise the
application shall be denied.
(2) Temporary continuance of motor carrier operations without prior compliance
with the provisions of this section will
be recognized as justified by the public
interest in cases in which the personal
representatives,
heirs
or
surviving
spouses of deceased persons desire to
continue the operations of the carriers
whom they succeed in interest subject to
such reasonable rules and regulations as
the commission may prescribe.
In case of temporary continuance under
this section the successor shall immediately procur~ insurance or deposit security as required by RCW 81.80.190.
Immediately upon any such temporary continuance of motor carrier operations and
in any event not more than thirty days
thereafter the successor shall give notice
of the succession by written notice to the
commission containing such information as
the commission shall prescribe. (1973 c
115 § 13; 1965 ex.s. c 134 § 2.]
Chapter 81.84
COMPANIES
Chapter 81.94
WHARFINGERS AND WAREHOUSEMEN
81.94.060
PUBLISHED
RATES
TO
~
CHARGED--EXCEPTIONS:--- No--wharfinger or
warehousemanshirr-charge, demand, collect, or receive a greater, less or different compensation
for
any
service
rendered or to be rendered, than the rates
charged applicable to such service as
specified in its schedule filed and in
effect at the time. Nor shall any such
wharfinger or warehouseman directly or
indirectly refund or remit in any manner
or by any device, any portion of the rate
or charge so specified, or furnish dock·
age, wharfage or storage or free or re·
duced rates except to its employees and
their families and its officers, attorneys
and agents; to hospitals, charitable and
eleemosynary institutions and persons en·
gaged in charitable and eleemosynary work;
to indigent and destitute persons; to
national homes or state homes for disabled
volunteer soldiers and soldiers• and sail•
ors' homes: PROVIDED, That the term "em·
ployees," as used in this section shall
include furloughed, pensioned and superan•
nuated employees, persons who have become
disabled or infirm in the service of such
wharfinger or warehouseman, and the term
"families," as used in this section, shall
include the families of those persons
named in this proviso, also the families
of persons killed or dying in the service,
also the families of persons killed, and
the surviving spouses prior to remarriage,
and the minor children during minority of
persons who died while in the service of
any such wharfinger or warehouseman.
No wharfinger or warehouseman shall ex·
tend to any person or corporation any form
of contract or agreement, or any rule or
regulation or any privilege or facility
except as are regularly and uniformly
extended to all persons and corporations
under like circumstances. (1973 1st ex.s.
c 154 § 118; 1961 c 14 § 81.94.060.
Prior:
1911 c 117 § 49; RRS § 10385,
Formerly RCW 22.24.050.1
~Sl.Eli1li.H.!Y=ll73 1s! g~ £ 1.2.:..
note following RCW 2.12.030.
STEAMBOA~
81.84.040
fiL!NQ f~]~~
Any application for a certificate of public convenience and necessity or amendment thereof,
or application to sell, lease, mortgage,
or transfer a certificate of public convenience
and necessity or any interest
therein, shall be accompanied by such
filing fee as the commission may prescribe
by rule: PROVIDED, That such fee shall
not exceed two hundred dollars. [1973 c
115 § 14; 1961 c 14 § 81.84.040.
Prior:
1955 c 125 § 10; prior: 1939 c 123 § 3,
part; 1937 c 158 § 4, part; RRS § 10417-3,
part. J
[ 724
TITLE 82
EXCISE TAXES
sections added, amended, or repealed:
ch~!.!l£
g.!.Q.g_
Ta!.!.
82.04.050
J
!!.!!sin~§
@..d Oc£!!J?.atiQ.!!
"Sale at retail", "retail
sale".
See
BUSINESS AND OCCUPATION TAX
82.04.050
--------------------------------~------------------------------------------------------
82.08.150
Tax on certain sales of intoxicating liquors.
£Ds£1g£ ~l~~
Ta~ 2n £g£1ain ~~£~s!
~evic~
82.28.010
82.28.020
82.28.030
82.28.040
82.28.050
82.28.060
Definitions.
Tax imposed--Rate.
Records to be preserved by
owner of premises.
Monthly, estimated, annual,
etc., returns~Remittances.
Tax additional--Field not preempted by state.
Administration.
£ha£1~~ ~~12
!sL.
82.29.010
82.29.020
82.29.030
82.29.040
82.29.050
82.29.060
82.29.070
82.29.080
82.29.090
1~S§~h21£
ln
1i~Y ~1§~
82.38.120
82.38.150
82.38.170
82.38.190
fha£1~~ ~~~~
82.44.150
chs£ig~
82.36.020
82.36.060
82.36.070
82.36.270
82.36.306
82.36.410
~212~ !~hi£12 lY~! Is!~
Tax imposed--Rate--Allocation
of proceeds.
Application for distributor's
license--Bond or security.
Issuance of license--Display-Bulk storage plant license
cards--Refusal of issuance of
license.
Refund permit.
Remedies for violation of RCW
82.36.305--Rules--Coloring of
fuel exclusively for marine
use, samples may be taken.
Revenue to motor vehicle fund.
£h~U?.1g£ ~l~ll
MolQI. Vehicle lY.~ !!!l£~te!:
IS! A~
82.37.190
Disposition of revenues.
82.38.030
82.38.040
Tax imposed--Collection.
Authorization of purchase without payment to bonded dealer.
Exemptions.
Trip permits.
Application for license and
bond--Requirements.
82.38.080
82.38.100
82.38.110
1973 RCW SUPP.
Distribution of motor vehicle
excise fund generally.
(Amendment effective June 30, 1981.)
Application of chapter to mobile homes.
Cross Reference:
Higher education assistance authority,
holders of bonds and notes of as exempt
from taxation on under Title 82 RCW: RCW
28B.17.130.
Chapter 82.01
DEPARTMENT OF REVENUE
Cross Reference:
Gambling activities,
reports to department of revenue:
RCW 9.46.130.
Chapter 82.04
BUSINESS AND OCCUPATION TAX
82.04.050
~A!~ AI
~ETAI1~~
~~ETA!1
"Sale at retail 11 or "retail sale"
means every sale of tangible personal
property
(including articles
produced,
fabricated, or imprinted) to all persons
irrespective of the nature of their business and including, among others, without
limiting the scope hereof, persons who
install, repair, clean, alter, improve,
construct, or decorate real or personal
property of or for consumers other than a
sale to a person who
(a)
purchases for
the purpose of resale as tangible personal
property in the regular course of business
without intervening use by such person, or
(b)
installs,
repairs,
cleans,
alters,
imprints, improves, constructs, or decorates real or personal property of or for
consumers, if such tangible personal property becomes an ingredient or component of
such real or personal property without
intervening use by such person, or (c)
purchases for the purpose of consuming the
property purchased in producing for sale a
new article of tangible personal property
or substance, of which such property becomes an ingredient or component or is a
chemical used in processing, when the
primary purpose of such chemical is to
create a
chemical
reaction
directly
through contact with an ingredient of a
new article being produced for sale.
The
term shall include every sale of tangible
SA1.&!~..:.
£hsB1~~ ~l~l~
~otQ£ ~aiel~ Exci§~~
.§l..:..50 ~~il~ Ho~§L Ir.a!g! .I£E11=
~ aJl1 CaJ!Bg£§ Exci~~
82.50,902
legislative findings and
recognition.
Definitions.
Tax imposed--Rate--Exemptions.
State departments, agencies and
political subdivisions to supply assessor with accounting of
leasehold estates.
listing and information to be
furnishe~ eounty treasurer.
Notice of amount of tax
payable.
leasehold in lieu tax fund-Created--Disbursements and payments to political subdivisions
and taxing districts.
Valuation of leasehold estates
in operating proper·ties of public utilities.
Rules and regulations~Â
Administration.
Issuance of license--Refusal~
Posting--Display--Duration-Transferability.
Monthly reports.
Civil and statutory penalties.
Procedures for claiming refunds
or credits.
[ 725 ]
82.04.050
EXCISE TAXES
--------------------------------------------------------------------------------------personal property which is used or consumed or to be used or consumed in the
performance of any activity classified as
a "sale at retail" or "retail sale" even
though such property is resold or utilized
as provided in
(~,
(b), or (c) above
following such use. The term also means
every sale of tangible personal property
to persons engaged in any business which
is taxable under RCW 82.04.280, subsection
(2), and 82.04.290.
The term "sale at retail" or "retail
sale 11 shall include the sale of or charge
made for tangible personal property consumed and;or for labor and services rendered in respect to the following:
{a)
The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers,
including charges made for the mere use of
facilities in respect thereto, but excluding charges made for the use of coin
operated laundry facilities when such facilities are situated in an apartment
house, hotel, motel, rooming house, trailer camp or tourist camp for the exclusive
use of the tenants thereof,
and also
excluding sales of laundry service to
members by nonprofit associations composed
exclusively of nonprofit hospitals, and
excluding services rendered in respect to
live animals, birds and insects;
(b)
the
constructing, repaJ.rJ.ng, decorating, or
improving of new or existing buildings or
other structures under, upon, or above
real property of or for consumers, including the installing or attaching of any
article
of tangible personal property
therein or thereto, whether or not such
personal property becomes a part of the
realty by virtue of installation, and
shall also include the sale of services or
charges made for the clearing of land and
the moving of earth excepting the mere
leveling of land used in commercial farming or agriculture;
(c)
the sale of or
charge made for labor and services rendered in respect to the cleaning, fumigating, razing
or
moving
of
existing
buildings or structures, but shall not
include the charge made for janitorial
services; and for purposes of this section
the term "janitorial services" shall mean
those cleaning and caretaking services
ordinarily performed by commercial janitor
service businesses including, but not limited to, wall and window washing, floor
cleaning and waxing, and the cleaning in
place of rugs, drapes and upholstery. The
term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal
or sandblasting;
(d)
the sale of or
charge made for labor and services rendered in respect to automobile towing and
similar automotive transportation services, but not in respect to those required
to report and pay taxes under chapter
82.16; (e) the sale of and charge made for
the furnishing of lodging and all other
services by a hotel, rooming house, tourist court,
motel,
trailer camp, and the
[ 726
granting of any similar license to use
real property, as distinguished from the
renting or leasing of real property, and
it shall be presumed that the occupancy of
real property for a continuous period of
one month or more constitutes a rental or
lease of real property and not a mere
license to use or enjoy the same; (f) the
sale of or charge made for tangible personal property,
labor and services to
persons taxable under (a), (b), (c),
(d),
and (e)
above when such sales or charges
are for property, labor and services which
are used or consumed in whole or in part
by such persons in the performance of any
activity defined as a "sale at retail" or
"retail sale" even though such property,
labor and services may be resold after
such use or consumption.
Nothing contained in this paragraph shall be construed to modify the first paragraph of
this section and nothing contained in the
first paragraph of this section shall be
construed to modify this paragraph.
The term "sale at retail" or "retail
sale" shall include the sale of or charge
made for personal business or professional
services, including amounts designated as
interest, rents, fees, admission, and other service emoluments however designated,
received by persons engaging in the following business activities; (a) amusement
and recreation businesses including but
not limited to golf, pool, billiards,
skating, bowling, ski lifts and tows and
others; (b)
abstract, title insurance and
escrow businesses; (c)
credit bureau businesses:
(d) automobile parking and stor ..
age garage businesses.
The term shall also include the renting
or leasing of tangible personal property
to consumers.
The term shall not include the sale of
or charge made for labor and services
rendered in respect to the building, repairing,
or improving of any street,
place, road, highway, easement, right of
way, mass public transportation terminal
or parking facility, bridge, tunnel, or
trestle which is owned by a municipal
corporation or political subdivision of
the state or by the United states and
which is used or to be used primarily for
foot or vehicular traffic including mass
transportation vehicles of any kind, nor
shall it include sales of feed, seed,
fertilizer, and spray materials to persons
for the purpose of producing for sale any
agricultural product whatsoever, including
milk, eggs, wool, fur, meat, honey, or
other substances obtained from animals,
birds, or insects but only when such
production and subsequent sale are exempt
from tax under RCW 82.04.330, nor shall it
include sales of chemical sprays or washes
to persons for the purpose of post-harvest
treatment of fruit for the prevention of
scald,
fungus, mold, or decay. [ 1973 1st
ex.s. c 145 § 1; 1971 ex.s. c 299 § 3;
1971 ex.s. c 281 § 1; 1970 ex.s. c 8 § 1.
Prior :
19 6 9 ex . s • c 2 6 2 § 3 0 ; 19 6 9 ex • s •
c 255 § 3;
1967 ex.s. c 149 § 4; 1965
J
TAX ON CERTAIN MECHANICAL DEVICES
82.28.030
--------------------------------------------------------------------------------------ex.s.c173§1;1963 c 7 § 1; prior:
1961 ex.s. c 24 § 1; 1961 c 293 § 1; 1961
c 15 § 82.04.050; prior:
1959 ex.s. c 5 §
2; 1957 c 279 § 1; 1955 c 389 § 6; 1953 c
91 § 3; 1951 2nd ex.s. c 28 § 3;
1949 c
228 § 2, part; 1945 c 249 § 1, part; 1943
c 156 § 2, part; 1941 c 178 § 2, part;
1939 c 225 § 2, part; 1937 c 227 § 2,
part; 1935 c 180 § 5, part; Rem. Supp.
1949 § 8370-5, part.]
Eff~!i.ll ~lit-1971 121 g~~§.:. £ 145,1.
"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,
1973." ( 1973 1st ex. s. c 145 § 2.]
Chapter 82.08
RETAIL SALES TAX
!!! Ql!
~~E.XAIN
.§!!&.§ OF .!!.::
(1)
There is levied
and shall be collected a tax upon each
retail sale of spirits, or strong beer in
the original package at the rate of ten
percent of the selling price, and the term
"retail sale" as used herein shall include, in addition to the meaning ascribed
thereto in chapter 82.04, any sale for
resale to the holder of a class c, class
F, class H or combined class C and class F
license issued by the Washington state
liquor control board. The tax imposed in
this section shall apply to all sales of
spirits, or strong beer by the Washington
state liquor stores and agencies, including sales to licensees. The tax imposed in
RCW 82.08.020 as now or hereafter amended
shall not apply to sales by the Washington
state liquor control board stores and
agencies of products subject to the tax
imposed by this section.
(2)
There is levied and shall be collected from and after the first day of
April, 1959, an additional tax upon each
retail sale of spirits, or strong beer in
the original package at the rate of five
percent of the selling price, and the term
"retail sale" as used herein shall include
the meaning ascribed thereto in chapter
82.04. The additional tax imposed in this
paragraph shall apply to the sale of
spirits, or strong beer by the Washington
state liquor stores and agencies, excluding sales to class H licensees.
The tax
imposed in RCW 82.08.020 as now or hereafter amended shall not apply to sales by
the Washington state liquor control board
stores and agencies of products subject to
the tax imposed by this paragraph.
(3)
There is levied and shall be collected from and after the first day of
July, 1971, an additional tax upon each
retail sale of spirits in the original
package at the rate of four cents per
fluid ounce or fraction thereof contained
in such original package, and the term
"retail sale" as used herein shall include
82.08.150
1Q!1~AXI!2
1~QUQ].§~
1973 RCW SUPP,
the meaning ascribed thereto in chapter
82.04. The additional tax imposed in this
paragraph shall apply to the sale of
spirits by the Washington state liquor
stores and agencies,
including sales to
class H licensees. The tax imposed in RCW
82.08.020 as now or hereafter amended
shall not apply to sales subject to the
tax imposed by this paragraph.
on or
before the twenty-fifth day of each month
beginning with the month of July,
1961,
the washington state liquor control board
shall remit to the state department of
revenue,
to be deposited with the state
treasurer, all moneys collected by it
under this paragraph during the preceding
month on sales made and subject to this
paragraph.
Upon receipt of such moneys
the state treasurer shall deposit them in
the state general fund and the provisions
of RCW 82.08.160 and 82.08.170, and the
prov1s1ons of chapter 66.08 relating to
deposits, apportionment and distribution,
shall have no application to the collections under this paragraph.
(4)
As used in this section, the terms,
"spirits," "wine," "strong beer,"
and
"package" shall have the meaning ascribed
to them in chapter 66.04. (1973 1st ex.s.
c 204 § 1;
1971 ex.s. c 299 § 9; 1969
ex. s. c 21 § 1 1; 196 5 ex. s. c 17 3 § 16;
1965 c 42 § 1; 1961 ex.s. c 24 § 2; 1961 c
15 § 82.08.150. Prior: 1959 ex.s. c 5 §
9;
1957 c 279 § 4; 1955 c 396 § 1; 1953 c
91 § 5; 1951 2nd ex.s. c 28 § 5.]
Effective date--1973 1st ex.s. c 204:
This i973aiii'eiidatoryact-isnecessary 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
the first day of July, 1973. 11
[1973 1st
ex.s. c 204 § 4.) This applies to the
amendments to RCW 66.24.210 and 82.08.150
by 1973 1st ex.s. c 204.
11
Chapter 82.28
TAX ON CERTAIN MECHANICAL DEVICES
82.28.010
DEilli!I!Ql!~
[1961 c 15 §
82.28.010,
Prior:
1955 c 389 § 31;
prior:
1941 c 118 § 1 (§ 97); Rem. Supp.
1941 § 8370-97.]
Repealed by 1973 1st
ex.s. c 218 § 29.
82.28.020
TAX IMPOSED--RATE, [1961 c
15 § 82.28.02~- Prior:
1955 c 389 § 32;
prior:
1949 c 228 § 18; 1947 c 248 § 1;
1941 c 118 § 1 (§ 96); Rem. supp. 1949 §
8370-96.] Repealed by 1973 1st ex.s. c
218 § 29.
82.28.030
RECORDS TO ~~ fRE~~RV~~ ~I
OW!~E Q! fREMISES.- [1961 c 15 § 82.28.030. Prior:
1955 c 389 § 33;
prior:
1941 c 118 § 1 (§ 98); Rem. supp. 1941 §
[ 727 ]
82.28.030
EXCISE TAXES
--------------------------------------------------------------------------------------8370-98.]
Repealed by 1973
1st
ex.s.
c
218 § 29.
82.28.040
MON!tl1I~ ~.!~!!~~
AN!Y!1~
.El;I!l.Bl!S-,R_Mll.I!llflli [ 19 61 c 15 §
82.28.040. Prior: 1959 c 197 § 11; 1955 c
389 § 34; prior:
1949 c 228 § 19; 1941 c
118 § 1 (§ 99); Rem. Supp. 1949 § 837099.]
Repealed by 1973 1st ex.s. c 218 §
29.
];.I~.:...a.
82.28.050
I!!
!QQ1I!QH!L==!IELQ !QI
PREEMPTED BY STATE. [1961 c 15 § 82.28:o5<i:"___ Prior:--1955 c 389 § 35; prior:
1941 c 118 § 1 (§ 100); Rem. supp. 1941 §
8370-100.]
Repealed by 1973 1st ex.s. c
218 § 29.
82.28.060
!~I!ISTRATION,
(1961 c 15
§ 82.28.060.
Prior: 1955 c 389 § 36;
prior: 1941 c 118 § 1 (§ 101); Rem. Supp.
1941 § 8370-101.] Repealed by 1973 1st
ex.s. c 218 § 29.
does hereby provi<'le authorization for payment thereof.
The legislature finds that
public properties subject to leasehold
estate taxation or to in lieu taxation are
entitled to those same governmental services provided comparable property in private ownership. [ 1973 1st ex.s. c 187 §
2. ]
.§~nn.ell!!:I=D2!l§ll.!!£ ti 2n=.12n
2&~ £ ~1.:.
1§!
"If any provision of this
1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of this 1973 amendatory
act, or the application of the provision
to other persons or circumstances is not
affected: PROVIDED, That if the leasehold
in lieu excise tax imposed by section 4 of
this 1973 amendatory act is held invalid,
the entirety of the act, except for section 3 and section 15, shall be null and
void." [1973 1st ex.s. c 187 § 13.) This
applies to chapter 82.29 RCW, to RCW
84.36.450, 84.36.455, 84.36.460, and to
the amendment to RCW 84.40.030 by 1973 1st
ex.s. c 187. Section 4 is codified as RCW
82.29.030, section 3 as RCW 82.29.020 and
section 15 as RCW 84.36.460.
Chapter 82.29
LEASEHOLD IN LIEU EXCISE TAX
Cross References:
Leasehold estates property tax exemptions: RCW 84.36.450, 84.36.455.
Valuation of leaseholds: RCW 84.40.030.
li!QI!Q~
!!Q
The legislature hereby recognizes that properties of the state of
Washington, counties, school districts,
and other municipal corporations are exempted by Article 7, section 1 of the
state Constitution from property tax obligations, but that such public properties
when under lease to private lessees receive substantial benefits from governmental services provided by the units of
local government.
The legislature further recognizes that
leases of such property entered into prior
to July 1, 1970, are often at a full and
fair market r~ntal predicated upon a tax
obligation which was considerably less
than established by the state supreme
court in May of 1970 when the lessee is a
nonexempt person or entity.
The legislature
therefore
recognizes
that equity requires that provision be
made to alleviate the impact of added tax
obligations upon the lessee of public
properties and does hereby provide certain
property tax exemptions for leasehold es~ates
contracted prior to July 1, 1970,
where the lessee is paying a contract rent
equal to or at least ninety percent of
economic rent as defined in RCW 82.29.020
and the legislature does hereby provide
for a leasehold in lieu tax to fairly
compensate local governmental units for
services rendered to such properties and
82.29.010
.B~Q§!I!lQ!~
1~2~1!!1!~
82.29.020
~!I!IIIQH~
As used
in
*this 1973 amendatory act, the following
terms shall be defined as follows,
unless
the context otherwise requires:
(1}
"Economic renttt means the rental
warranted to be paid in the open real
estate market based on rentals being paid
for comparable leases. In the determination of "economic rent" the private rate
of return and normal costs to be private
sector shall be considered.
(2)
ncontract rent" means the amount of
consideration conveyed according to the
leasehold instrument: PROVIDED, That any
prepaid rent shall be considered to have
been paid in the year due and not the year
when paid.
(3)
"Renegotiation" or "renegotiated"
means the process occasioned by any situation or circumstance which results in a
change in the consideration to be paid by
the lessee to the lessor for any extension
or renewal of a lease. (1973 1st ex.s. c
187 § 3. 1
11 this 1973 amendatory
*Reviser's note:
actii-f'i9731steX.s. c 187] consists of
this chapter, RCW 84.36.450, 84.36.455,
84.36.460, and to the amendment to RCW
84.40.030 by 1973 1st ex.s. c 187.
82.29.030
!!!
IMPOSED--RATE--EXEMR;
There is hereby-levied-and-shall
be collected an in lieu excise tax in 19711
and in each year thereafter from each
lessor of a leasehold estate which is
exempted from ad valorem property taxation
pursuant to RCW 84.36.450
(1).
The tax
shall be levied and collected in an amount
equal to the value of the annual leasehold
IIQNli~
[ 728 ]
LEASEHOLD IN LIEU EXCISE TAX
82.29.070
--------------------------------------------------------------------------------------rent collected the previous year multiplied by the rate of fourteen percent:
PROVIDED, That the tax hereby levied shall
not apply to teases of lands owned in fee
or held in trust by the government of the
United States: PROVIDED FURTHER, That the
tax hereby levied shall not apply to
(1)
the lessor of a leasehold estate where the
lessee is a body which were it to own the
property in fee, said property would be
exempt, (2)
lessors on those leasehold
estates exempted from property taxation
pursuant to subsection {2) through subsection (9) of RCW 84.36.4SC, and (3) all
leasehold estates of lands owned or held
by any Indian or Indian tribe where the
fee ownership of such property is vested
in the United States; and (5) all leasehold estates held by enrolled Indians of
lands owned or held by any Indian or
Indian tribe where the fee ownership of
such property is vested in or held in
trust by the United States.
( 1973 1st
ex.s. c 187 § 4.]
82.29.040
~!bTE Q~EbBTM~N!~L
!2~NC1~~
AND EQt1ll~A1 ~.!!.§.lll!1SIQ]2 !Q ~UPEb.I !~=
SESSOR WITH ACCOUNTING OF LEASEHOLD ESIAT~~~ -Each-state-department;-agency, and
political subdivision shall on or before
the fifteenth day of January of each year
supply an accounting of outstanding leasehold estates upon its property to the
county assessor of the county in which
such property is located. such accounting
shall include information describing the
location, legal description, and address,
if any, of the property, the name of the
lessee, the amount of the leasehold rent,
the date when the lease was entered, the
expiration date of the lease, restrictions, if any, which detract from the
value of the leasehold interest, renegotiation dates, if any, options to renew, and
information about reversion of improvements. ( 1973 1st ex. s. c 187 § 5.]
82.29.050
~NG !ND
INtQBn!!IQ! IQ
FUID!ISHED COUN!I !RtAS.liRE!!_.:.. The county
assessor shall determine and
identify
those properties which are subject to the
leasehold in lieu tax imposed by RCW
82.29.030 and shall furnish and deliver to
the county treasurer by the fifteenth day
of February a risting of such properties
with information describing the location,
legal description, and address, if any, of
the property, the name of the lessee, the
amount of the leasehold rent, the amount
of the true and fair economic rent, the
expiration
date
of
the
lease,
renegotiations dates, if any, and options
to renew. In addition, the assessor shall
provide information indicating that the
situs of such property is within the
unincorporated area of the county or within a particular city or town and/or within
a particular school district.
(1973 1st
ex.s. c 187 § 6.]
U
1 97 3 RCW SUPP.
82.29.060
NOTICE OF AMOUNT OF TAX PAYon or--before- the--rast -day--of
February of each calendar year,
each
county treasurer shall cause to be mailed
to the director of the department of
revenue and to the lessors of leasehold
estates subject to the in lieu tax in that
county, notice of the amount of tax payable for that year which shall be due and
payable to the director of the department
of revenue on or before the thirtieth day
of April. [ 1973 1st ex.s. c 187 § 7.]
!.§b~.:..
82.29.070
b~~EHQ1Q IN 11~.!! !!I fUNQ==
~~~A!~Q==Q1~~YRS]MERTS !!Q fAY~~N!~ !Q EQ=
1I!!CA1 ~.!I.§Q!Y1~IONS A!Q !!!INg Q1~!~IC!~~
(1)
Leasehold in lieu tax revenues received by the director of the department
of revenue pursuant to RCW 82.29.060 shall
be transmitted to the state treasurer,
together with such information required to
make the proper disbursements to counties
pursuant to subsection
(2) of this section, and placed in the leasehold in lieu
tax fund which is hereby created.
(2)
Moneys in the leasehold in lieu tax
fund shall be disbursed by the state
treasurer to the counties on or before the
first of June of each year. Each county
shall receive an amount equal to the total
moneys appropriated to the leasehold in
lieu tax fund for that year multiplied by
a fraction, the numerator of which is the
total amount of in lieu excise tax collected within that county pursuant to RCW
82.29.030 during that year, and the denominator of which is the total amount of
leasehold in lieu tax collected throughout
the state pursuant to RCW 82.29.030 during
that year.
(3)
From the amount received by each
county pursuant to subsection (2) of this
section
there shall be paid sums as
follows:
(a)
Sixty percent to the school districts within the county ratably, on the
basis of the amount of in lieu excise tax
collected pursuant to RCW 82.29.030 from
leased property situated in each school
district: PROVIDED, That only one-half of
such amount shall be considered as local
revenues where local revenues are a factor
in any formula for the determination of
state aid to schools under chapter 28A.41
RCW.
(b)
Twenty-five percent to each city
and town within the county ratably, on the
basis of the amount of in lieu excise tax
collected pursuant to RCW 82.29.030 from
leased property situated in each city or
town.
(c)
Forty percent to the county current
expense fund less any amount paid to a
city or town pursuant to subsection
(3)
(b) of this section which shall be considered a credit against the amount due the
county pursuant to this subsection: PROVIDED, That the county legislative authority
may
allocate
and deposit funds
received pursuant to this subsection to
the credit of the taxing districts in the
[ 729 J
EXCISE TAXES
82.29.070
----------------------------------------------------------~--------------------------
county in the manner it deems most equitable. [ 1973 1st ex.s. c 187 § 8.]
82.29.080
!AI~~
!1
VALUA!IQM
Q~!BAI112
Q!
1~!~EH01~
~=
OF fQ]11~
Y!11IXI~~
All leasehold estates in operating properties vested in any company
assessed and taxed as a public utility
pursuant to chapter sq.12 RCW shall be
valued by the department of revenue according to the valuation procedures set
forth by the provisions of chapter 84.12
RCW. [1973 1st ex.s. c 187 § 9.]
82.29.090
~!!!2!R!XIQ1~
liY1~
f]Q~~l~~
!M~
~2Y1!!IQM~~=
The department of revenue
shall adopt and amend reasonable rules and
regulations necessary for the administration, collection, and enforcement of the
leasehold in lieu tax imposed by RCW
82.29.030 and such reasonable rules and
regulations necessary to assure the uniform valuation of leasehold estates and
the subsequent tax levy thereon according
to the provisions of chapter 34.04 RCW
(the administrative procedure act). To
ensure such uniformity, the department of
revenue shall prescribe the forms and
methods for the determination of the assessed value of the leasehold assets which
shall be the sole process of such determination: PROVIDED, That lessors subject to
the tax imposed pursuant to RCW 82.29.030
shall be entitled to those remedies provided in Title 84. ( 1973 1st ex.s. c 187
§ 10. ]
Chapter 82.32
GENERAL ADMINISTRATIVE PROVISIONS
cross Reference:
Higher education assistance authority,
holders of bonds and notes of as exempt
from taxation on under Title 82 RCW:
RCW
28B. 17. 130.
Chapter 82.36
MOTOR VEHICLE FUEL TAX
82.36.020
1!1
!~RQ§~~-RAI~==!11QCA=
!1QN QI gROCEED§ 1!a j~END~Q ~! 1~11 1~!
~!~ £ ~ § l~
Every distributor shall
pay, in addition to any other taxes provid,ed by law, an excise tax to the director of nine cents for each gallon of motor
vehicle fuel sold, distributed, or used by
him in the state as well as on each gallon
upon which he has assumed liability for
payment of the tax under the provisions of
RCW 82.36.100: PROVIDED, That under such
regulations as the director may prescribe
sales or distribution of motor vehicle
fuel may be made by one licensed distributor to another licensed distributor free
of the tax. In the computation of the tax,
one-quarter of one percent of the net
gallonage otherwise taxable shall be de·
ducted by the distributor before computing
the tax due, on account of the losses
sustained through handling. The tax herein imposed shall be collected and paid to
the state but once in respect to any motor
vehicle fuel.
An invoice shall be rendered by a distributor to a purchaser for
each distribution of motor vehicle fuel.
The proceeds of the nine cents excise
tax collected on the net gallonage after
the deduction provided for herein shall be
distributed as follows:
(1)
Six and seven-eighths cents shall
be distributed between the state, cities,
counties, and Puget Sound ferry operations
account in the motor vehicle fund under
the provisions of RCW 46.68.090 and 46.68·
.100 as nov or hereafter amended.
(2)
Five-eighths of one cent shall be
distributed to the state and expended
pursuant to RCW 46.68.150.
(3)
Five-eighths of one cent shall be
paid into the motor vehicle fund and
credited to the urban arterial trust account created by RCW 47.26.080.
(4)
Three-eighths of one cent shall be
paid into the motor vehicle fund and
credited to the Puget Sound reserve account created by RCW 47.60.350.
(5)
One-half cent shall be distributed
to the cities and towns directly and
allocated between them as provided by RCW
46.68.110, subject to the provisions of
RCW 35.76.050: PROVIDED, That the funds
allocated to a city or town which are
attributable to such one-half cent of the
additional tax imposed by this 1961 amendatory act shall be used exclusively for
the construction, improvement and repair
of arterial highways as that term is
defined in RCW 46.04.030, or for the
payment of any municipal
indebtedness
which may be incurred after June 12, 1963
in the construction, improvement and repair of arterial highways as that term is
defined in RCW 46.04.030. All such sums
shall first be subject to proper deductions for refunds and costs of collection
as provided in RCW 46.68.090. [ 1973 1st
ex.s. c 124 § 2; 1972 ex.s. c 24 § 1; 1970
ex.s. c 85 § 3; 1967 ex.s. c 145 § 75;
1967 ex.s. c 83 § 2; 1965 ex.s. c 79 § 2;
1963 c 113 § 1; 1961 ex.s. c 7 § 1; 1961 c
15 § 82.36.020. Prior: 1957 c 247 § 1;
1955 c 207 § 1; 1951 c 269 § 43; 1949 c
220 § 7; 1939 c 117 § 2; 1933 c 58 § 5;
Rem. Supp. 1949 § 8327-5; prior: 1931 c
140 § 2; 1923 c 81 § 1; 1921 c 173 § 2.]
Reviser's note:
RCW
82.36.020
was
the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
amendea-~wice--during
[ 730 )
82.36.060
MOTOR VEHICLE FUEL TAX
--------------------------------------------------------------------------------------82.36.020
IIQ!
Qr
!A!
IMPOSED--RATE--ALLOCA-
g~~~a 1!~-jn]iniD-~!
1211 1s!
EX.S~ £ 12Q § j~
Every distributor shall
pay, in addition to any other taxes provided by law, an excise tax to the director of nine cents for each gallon of motor
vehicle fuel sold, distributed, or used by
him in the state as well as on each gallon
upon which he has assumed liability for
payment of the tax under the provisions of
RCW 82.36.100: PROVIDED, That under such
regulations as the director may prescribe
sales or distribution of motor vehicle
fuel may be made by one licensed distributor to another licensed distributor free
of the tax.
In the computation of the
tax, one-quarter of one percent of the net
gallonage otherwise taxable shall be deducted by the distributor before computing
the tax due, on account of the losses
sustained through handling. The tax herein imposed shall be collected and paid to
the state but once in respect to any motor
vehicle fuel.
An invoice shall be rendered by a distributor to a purchaser for
each distribution of motor vehicle fuel.
The proceeds of the nine cents excise
tax collected on the net gallonage after
the deduction provided for herein shall be
distributed as follows:
(1)
Seven cents shall be distributed
between the state, cities, counties, and
Puget Sound ferry operations account in
the motor vehicle fund under the provisions of RCW 46.68.090 and 46.68.100 as
now or hereafter amended: PROVIDED, That
from July 1, 1972 through June 30,
1976,
six and seven-eighths cents shall be distributed between the state, cities, counties, and Puget Sound ferry operations
account in the motor vehicle fund under
the provisions of RCW 46.68.090 and 46.68.100 as now or hereafter amended.
(2)
Five-eighths of one cent shall be
distributed to the state and expended
pursuant to RCW 46.68.150.
(3)
Five-eighths of one cent shall be
paid into the motor vehicle fund and
credited to the urban arterial trust account created by RCW 47.26.080.
(4)
One-quarter cent shall be paid into
the motor vehicle fund and credited to the
Puget Sound reserve account created by RCW
47.60.350:
PROVIDED, That from July 1,
1972 through June 30, 1976, three-eighths
of one cent shall be paid into the motor
vehicle fund and credited to the Puget
sound
reserve account created by RCW
47.60.350.
(5)
one-half cent shall be distributed
to the cities and towns directly and
alloc~ted
between them as provided by RCW
46.68.110, subject to the provisions of
RCW 35.76.050:
PROVIDED, That the funds
allocated to a city or town which are
attributable to such one-half cent of the
additional tax imposed by this 1961 amendatory act shall be used exclusively for
the construction, improvement and repair
of arterial highways and city streets as
those terms are defined in RCW 46.04.030
and 46.04.120, or for the payment of any
1973 RCW SUPP.
[ 731
municipal indebtedness which may be incurred after June 12,
1963 in the construction, improvement and
repair
of
arterial highways and city streets as
those terms are defined in RCW 46.04.030
and 46.04.120. All such sums shall first
be subject to proper deductions for refunds and costs of collection as provided
in RCW 46.68.090. [ 1973 1st ex.s. c 160 §
1;
1972 ex.s. c 24 § 1; 1970 ex.s. c 85 §
3; 1967 ex.s. c 145 § 75; 1967 ex. s. c 83
§ 2; 1965 ex.s. c 79 § 2; 1963 c 113 § 1;
1961 ex.s, c 7 § 1; 1961 c 15 § 82.36.020.
Prior:
1957 c 247 § 1; 1955 c 207 § 1;
1951 c 269 § 43; 1949 c 220 § 7;
1939 c
177 § 2; 1933 c 58 § 5; Rem. Supp. 1949 §
8327-5; prior:
1931 c 140 § 2; 1923 c 81
§ 1; 1921 c 173 § 2.]
Bgvi~£!2 llQ~~
RCW
82.36.020
was
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
82.36.060
!QB!~
AgPLICATIQ]
~£~NS~==BQND
Q~
l~
~!STRI~~
2~£2RI!!~
Every
person, before becoming a distributor or
continuing in business as a distributor,
shall make an application to the department for a license authorizing the applicant to
engage
in
business
as
a
distributor.
Applications for such licenses shall be made to the department on
forms to be furnished by the department,
and shall be accompanied by a fee of ten
dollars.
Before granting any license authorizing
any person to engage in business as a
distributor, the department shall require
applicant to file with the department, in
such form as shall be prescribed by the
department, a corporate surety bond duly
executed by the applicant as principal,
payable to the state and conditioned for
faithful performance of all the requirements of this chapter, including the payment of all taxes,
penalties, and other
obligations arising out of this chapter.
The total amount of the bond or bonds,
required of any distributor shall be fixed
by the department and may be increased or
reduced by the department at any time
subject to the limitations herein provided.
In fixing the total amount of the
bond or bonds required of any distributor,
the department shall require a bond or
bonds equivalent in total amount to twice
the estimated monthly excise tax determined in such manner as the department may
deem proper.
If at any time the estimated
excise tax to become due during the succeeding month amounts to more than fifty
percent of the established bond,
the de•
partment shall require additional bonds or
securities to maintain the marginal ratio
herein specified or shall demand excise
tax payments to be made weekly or semimonthly to meet the requirements hereof.
]
82.36.060
EXCISE TAXES
--------------------------------------------------------------------------------------In lieu of a bond in excess of five
thousand dollars the distributor may file
with the department a property statement
setting forth a complete description of
all his property and the values thereof,
and showing the amount of any indebtedness
or encumbrance thereon to the end that the
department may ascertain whether or not
the distributor can be compelled to respond in twice the amount of the ·taxes due
or to become due hereunder.
If the department determines that the distributor
can be compelled to respond in twice the
amount of the tax the department may
accept such statement in lieu of a bond in
excess of five thousand dollars.
The
department may at any time demand from the
distributor a new property statement and
may at any time if the department deems
the property of the distributor insufficient to secure the payment of twice the
amount of the taxes require the distributor to furnish a bond in such amount as
will secure the payment of twice the
amount of the taxes.
The total amount of the bond or bonds
required of any distributor shall never be
less than five thousand dollars nor more
than fifty thousand dollars.
No recoveries on any bond or the execution of any new bond shall invalidate any
bond and no revocation of any license
shall effect the validity of any bond but
the total recoveries under any one bond
shall not exceed the amount of the bond.
In lieu of any such bond or bonds in
total amount as herein fixed, a distributor may deposit with the state treasurer,
under such terms and conditions as the
department may prescribe, a like amount of
lawful money of the United States or bonds
or other obligations of the United States,
the state, or any county of the state, of
an actual market value not less than the
amount so fixed by the department.
Any surety on a bond furnished by a
distributor as provided herein shall be
released and discharged from any and all
liability to the state accruing on such
bond after the expiration of thilty days
from the date upon which such surety has
lodged with the department a written request to be released and discharged, but
this provision shall not operate to relieve, release, or discharge the surety
from any liability already accrued or
which shall accrue before the expiration
of the thirty day period. The department
shall promptly, upon receiving any such
request, notify the distributor who furnished the bond; and unless the distributor, on or before the expiration of the
thirty day period, files a new bond, or
makes a deposit in accordance with the
requirements of this section, the department shall forthwith cancel the distributor's license. Whenever a new bond is
furnished by a distributor, the department
shall cancel his old bond as soon as the
department and the attorney general are
satisfied that all liability under the old
bond has been fully discharged.
The department may require a distributor
to give a new or additional surety bond or
to deposit additional securities of the
character specified in this section if, in
its opinion, the security of the surety
bond theretofore filed by such distributor, or the market value of the properties
deposited as security by the distributor,
shall become impaired or inadequate; and
upon the failure of the distributor to
give such new or additional surety bond or
to deposit additional securities within
thirty days after being requested so to do
by the department, the department shall
forthwith cancel his license. (1973 c 96
§ 1; 1961 c 15 § 82.36.060. Prior: 1933
c 58§ 2; RRS § 8327-2.]
82.36.070
l[~!li~~
~!!==BULK ~!ORAGE
Qf
~IC~!~E
DIS~
fb!NT LICENSE CARDS-REf!!~!~ Qf !SSUANC~ Qt LicENSE~ The application in proper form having been accepted for filing, the filing fee paid,
and the bond or other security having been
accepted
and approved, the department
shall issue to the applicant a license to
transact business as a distributor in the
state, and such license shall be valid
until canceled or revoked.
The license so issued by the department
shall not be assignable, and shall be
valid only for the distributor in whose
name issued.
The department shall keep and file all
applications and bonds with an alphabetical index thereof, together with a record
of all licensed distributors.
Each distributor shall be assigned a license number upon qualifying for a license
hereunder, and the department shall issue
to each such licensee a license certificate which shall be displayed conspicuously by the distributor at his principal
place of business. The department shall
also issue separate license cards for each
bulk storage plant operated by such distributor.
such license cards shall indicate
the
number
so
assigned
the
distributor, the location of the storage
plant for which the card is used, and such
other information as the department may
prescribe.
The license card shall be
conspicuously displayed at each bulk storage plant to which it is assigned, and it
shall be unlawful for any distributor to
operate or maintain a bulk storage plant
in this state for the purpose of storing
motor fuel without displaying such license
card as herein provided. Bulk plant licenses shall be continuing until canceled
or revoked. The distributor shall report
on forms prescribed by the department any
change in the number or capacity of bulk
storage plants operated or maintained at
the time such change occurs.
In the event an application for a license to transact business as a distributor is filed by any person whose license
has heretofore been canceled for cause by
the department, or if the department is of
the opinion that the application is not
[ 732
MOTOR VEHICLE FUEL IMPORTER TAX ACT
82.37.190
--------------------------------------------------------------------------------------filed in good faith, or that the application is filed by some person as a subterfuge for the real person in interest whose
license has heretofore been canceled for
cause, tha department, after a hearing, of
which the applicant shall be given five
days' notice in writing and at which the
applicant may appear in person or by
counsel and present testimony, may refuse
to issue such a person a license to
transact business as a distributor. (1973
c 96 § 2; 1965 ex.s. c 79 § 3; 1961 c 15 §
82.36.070. Prior: 1957 c 247 § 5; 1955 c
207 § 4; prior: 1933 c 58 § 3, part; RRS
§ 8327-3, part.)
vehicle fuel. This shall include authority to require distributors and dealers to
color motor vehicle fuel so sold with a
coloring matter to be prescribed and furnished without cost by the department. It
shall be unlawful to use or to permit the
use of the fuel so colored for any purpose
other than that provided under RCW 82.36.305. The department, in order to ascertain whether the fuel so colored has been
unlawfully used, may take samples of fuel
from fuel tanks of motor vehicles and
conduct such other examinations as it may
deem necessary. [1973 c 96 § 4; 1961 c 15
§ 82.36.306.
Prior:
1957 c 218 § 17.]
82.36.270
B]l]!~
g~]II~
Any person
desiring to claim a refund shall obtain a
permit from the department by application
therefor on such form as the department
shall prescribe,
which application shall
contain, among other things, the name and
address of the applicant, the nature of
the business and a sufficient description
for identification of the machines or
equipment in which the motor vehicle fuel
is to be used, for which refund may be
claimed under the permit.
The permit
shall bear ~ permit number and all applications for refund shall bear the number
of the permit under which it is claimed.
The department shall keep a permanent
record of all permits issued and a cumulative record of the amount of
refund
claimed and paid thereunder.
Such permit
shall be obtained before or at the time
that the first application for refund is
made under the provisions of this chapter.
All permits shall expire on the thirtieth
day of November of every even-numbered
year.
[1973 c 96 § 3; 1967 c 153 § 4;
1961 c 15 § 82.36.270. Prior:
1957 c 218
§ 3; prior:
1945 c 38 § 1, part; 1943 c
84 § 5, part; 1937 c 219 § 2, part; 1935 c
109 § 2, part; 1933 c 58 § 18, part; Rem.
Supp. 1945 § 8327-18, part; prior:
1923 c
81 § 4, part. ]
82.36.410
REVENUE
TO ]QIQ~ !~M1~1~
FUNQ~ All moneys-collected by the director shall be transmitted forthwith to the
state treasurer, together with a statement
showing whence the moneys were derived,
and shall be by him credited to the motor
vehicle fund. [1973 c 95 § 5; 1961 c 15 §
82.36.410. Prior:
1933 c 58§ 20; RRS §
8327-20. ]
82.36.306
REMEDIE~
fOR !IQ1ATIQ! Q!
RCW 82.36.305--RULES--COLORING OF FUEL EX-
~LU~VEiX
!JKEN~
r2~
MARIN~-us~~!~R1Es ~AY-~~
If any person who purchases motor
vehicle fuel exclusive of tax under the
provisions of RCW. 82.36.305 uses or permits such fuel to be used for purposes
other than marine use as set forth in this
chapter, he shall immediately become liable for the motor vehicle fuel tax imposed
thereon and shall for a period of five
years thereafter become ineligible for any
permit under RCW 82.36.270. The foregoing
remedies shall be cumulative and no action
taken pursuant thereto shall relieve any
person from the penal provisions of this
chapter.
The department is hereby empowered with
full authority to promulgate rules and
regulations and to prescribe forms necessary for the enforcement of the provisions
relating to such sales and use of motor
1973 RCW SUPP.
Chapter 82.37
MOTOR VEHICLE FUEL IMPORTER TAX ACT
82.37.190
AM~N!!~Q
DISPOSITION OF REVENUES
!!I 12.13 4§4£i7SE£ 22
i a:;:
1~
All
moneys collected by the director shall be
transmitted forthwith to the state treasurer, together with a statement showing
whence the moneys were derived, and shall
be by him credited to the motor vehicle
fund.
The proceeds of the motor vehicle fuel
importer use tax imposed by chapter 82.37
RCW shall be distributed in the manner
provided for the distribution of the motor
vehicle fuel tax in RCW 82.36.020, as
amended in section 2 of chapter 83, Laws
of 1967 extraordinary session. [1973 c 95
§ 6; 1967 ex.s. c 83 § 5; 1963 ex.s. c 22
§ 19. ]
Reviser's note:
RCW
82.37.190
was
amendea-twice-during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
82.37.190
DISPOSITION OF REVENUES 1!~
AMHQED BY 12.73 1SI EX~~~ ~ 12.!!, ~-ll_.!.. All
moneys collected by the director shall be
transmitted forthwith to the state treasurer, together with a statement showing
whence the moneys were derived, and shall
be by him credited to the motor vehicle
fund.
A duplicate of such statement shall
be sent to the state auditor.
The proceeds of the motor vehicle fuel
importer use tax imposed by chapter 82.37
RCW shall be distributed in the manner
provided for the distribution of the motor
[ 733 ]
82.37-190
EXCISE TAXES
--------------------------------------------------------------------------------------vehicle fuel tax in RCW 82.36.020, as
amended in *section 2 of this 1973 amendatory act. [1973 1st ex.s. c 124 § 3; 1967
ex.IS. c 83 § 5; 1963 ex.s. c 22 § 19.]
,!Revi§~~ .!!Qll.l
"section 2 of this
1973 amendatory act" refers to 1973 1st
ex.s. c 124 § 2.
Revise~~ n21~
RCW
82.37.190
vas
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
Chapter 82.38
SPECIAL FUEL TAX ACT
,!AX
!KP.Qg~:=-.40LLECTION~
is hereby levied and impo7ed
upon special fuel users a tax of n~ne
cents per gallon or each one hundred cubic
feet of compressed natural gas measured at
standard pressure and temperature on the
use (within the meaning of the word use as
defined herein)
of special fuel in any
motor vehicle: PROVIDED, That in order to
encourage experimentation with nonpolluting fuels, no tax shall be imposed upon
the use of natural gas as herein defined
or on liquified petroleum gas, commonly
called propane, which is used in any motor
vehicle until July 1, 1975.
(2)
Said tax shall be collected by the
special fuel dealer and shall be paid over
to the department as hereinafter provided:
(a)
With respect to all special fuel
delivered by a special fuel dealer into
supply tanks of motor vehicles or into
storage facilities used for the fueling of
motor vehicles at unbonded service stations in this state; or (b) in all other
transactions where the purchaser indicates
in writing to the special fuel dealer
prior to or at the time of the delivery
that the entire quantity of the special
fuel covered by the delivery is for use by
him for a taxable purpose as a fuel in a
motor vehicle.
(3)
Said tax shall be paid over to the
department by the special fuel user as
hereinafter provided: (~
With respect to
special fuel upon which the tax has not
previously been imposed which vas acquired
in any manner other than by delivery by a
special fuel dealer into a fuel supply
tank of a motor vehicle in this state; or
(b)
in all transactions with a special
fuel dealer in this state where a written
statement has not been furnished to the
special fuel dealer as set forth in subsection (2) (b) of this section.
It is expressly provided that delivery
of special fuel may be made without collecting the tax otherwise imposed,
when
such deliveries are made by a bonded
special fuel dealer to special fuel users
who are authorized by the department as
82. 38. 0 30
(1)
There
hereinafter provided, to purchase fuel
without payaent of tax to the bonded
special fuel dealer. [1973 1st ex.s. c
156 § 1; 1972 ex.s. c 135 § 2; 1971 ex.s.
c175§4.]
82.38.040
AUTHORIZATION
OF
PURCHASE
WI!!!Q!!! .UI~~NT IQ BO,HDEQ QEAgR. The
department may issue written authorization
to a special fuel user to purchase fuel
from a bonded special fuel dealer designated by the special fuel user without
payment of the tax to the bonded special
fuel dealer when the department finds (1)
that the special fuel user consistently is
using the fuel in vehicles which are
operated partly without this state or off
the highways of this state;
(2)
that to
require collection of the tax from the
special fuel user by the bonded special
fuel dealer would cause consistently recurring overpayments of the tax; and (3)
that the revenue of the state with respect
to the tax liability of such a special
fuel user is adequately secured. Such
authorization may be revoked when any one
of the above conditions no longer obtains.
The delivery of special fuel may be made
without collecting the tax otherwise imposed when deliveries are made into vehicle refrigeration units, mixing units, or
other equipment powered by separate motors
from separate fuel tanks, on invoices
showing the vehicle unit or license number
and such other information as may be
prescribed by the department.
[1973 1st
ex.s. c 156 § 2; 1971 ex.s. c 175 § 5.]
82.38.080
EXEMPTIONS.
There is ex•
empted from the~ax-rmposed by this chapter, the use of fuel for: (1) street and
highway construction and maintenance purposes in motor vehicles owned and operated
by the state of Washington, or any county
or municipality; (2) publicly owned fire
fighting equipment;
(3) special mobile
equipment as defined in RCW 46.04.552; (4)
power pumping units or other power takeoff equipment of any motor vehicle which
is accurately measured by metering devices
that have been specifically approved by
the department or which is established by
either of the following formulae:
(a)
pumping propane, or fuel or heating oils
by a power take-off unit on a delivery
truck, at the rate of three-fourths of one
gallon for each one thousand gallons of
fuel delivered:
PROVIDED, That claimant
when presenting his claim to the department in accordance with the provisions of
this chapter, shall provide to said claim,
invoices of propane, or fuel or heating
oil delivered, or such other appropriate
information as may be required by the
department to substantiate his claim; or
(b)
operating a power take-off unit on a
cement mixer truck or a load compactor on
a garbage truck at the rate of twenty-five
percent of the total gallons of fuel used
in such a truck; (5) motor vehicles owned
[ 734 ]
SPECIAL FUEL TAX ACT
82.38.120
--------------------------------------------------------------------------------------and operated by the United States govern~
ment; and (6) notwithstanding any provision of law to the contrary, every urban
passenger transportation system shall be
exempt from the provisions of this chapter
requiring the payment of special fuel
taxes. For the purposes of this section
"urban passenger transportation system"
means every transportation system, publicly or privately owned, having as its
principal source of revenue the income
from transporting persons for compensation
by means of motor vehicles and/or trackless trolleys, each having a seating capacity for over fifteen persons
over
prescribed routes in such a manner that
the routes of such motor vehicles and/or
trackless trolleys, either alone or in
conjunction with routes of other such
motor vehicles and/or trackless trolleys
subject to routing by the same transportation system, shall not extend for a distance exceeding twenty-five road miles
beyond the corporate limits of the county
in which the original starting points of
such motor vehicles are located: PROVIDED, That no refunds or credits shall be
granted on fuel used by any urban transportation vehicle on any trip where any
portion of said trip is more than twentyfive road miles beyond the corporate limits of the county in which said trip
originated. [ 1973 c 42 § 1. Prior:
1972
ex.s. c 138 § 2; 1972 ex.s. c 49 § 1; 1971
ex.s. c 175 § 9.)
82.38.100
TRIP PERMITS.
(1)
Any special fuel user-operating
motor vehicle
into this state for commercial purposes
may make application for a trip permit in
lieu of a special fuel user's license
required in RCW 8 2. 38 • 0 90 which sha 11 be
good for a period of not more than twenty
consecutive days beginning and ending on
the dates specified on the face of the
permit issued. An administrative fee of
ten dollars shall be required for each
permit issued plus one dollar for each
consecutive day covered by such permit.
Such fees shall be in lieu of the special
fuel tax otherwise assessable against the
permit holder for importing and using
special fuel in a motor vehicle on the
public highways of this state and no
report of mileage shall be required with
respect to such vehicle. Trip permits may
be issued if the applicant does not operate motor vehicles into or from the state
of washington more than six times during
any calendar year.
(2)
Any special fuel user desiring to
operate a motor vehicle exclusively within
the state of Washington pending the receipt of a special fuel user's license as
required in RCW 82.38.090 may make application for a trip permit as provided in
subsection (1) of this section:
PROVIDED,
That only one trip permit shall be issued
for the same vehicle. All fees paid for
such trip permit shall be in lieu of any
special fuel tax otherwise due by the
a-
1973 RCW SUPP.
applicant for using special fuel in a
mo~or
vehicle on the public highways of
this state and no report of mileage shall
be required for the operation of the
vehicle for the period for which the trip
permit was issued.
(3)
All fees collected by the department under the provisions of subsections
(1) and (2)
of this section shall be
credited and deposited in the same manner
as the special fuel tax collected hereunder and shall not be subject to refund or
credit. (1973 1st ex.s. c 156 § 3;
1971
ex.s. c 175 § 11.]
82.38.110
APPLICATION lOR LI£~!~~ AND
BOH~==~QQlR~tlENTS~---~pplication for a
special fuel dealer's license, special
fuel supplier's license or a special fuel
user's license, shall be made to the
department.
The application shall be
filed upon a form prepared and furnished
by the department and shall contain such
information as
the
department
deems
necessary.
No special fuel dealer's license or spe•
cial fuel user's license shall be issued
to any person or continued in force unless
such person has furnished bond, as defined
in RCW 82.38.020, in such form as the
department may require, to secure his
compliance with this chapter, and the
payment of any and all taxes, interest and
penalties due and to become due hereunder.
The requirement of furnishing a bond shall
be waived provided all acquisitions of
special fuel by the licensee are on a tax
paid or a tax exempt basis.
The total amount of the bond or bonds
required of any special fuel dealer or
special fuel user shall be equivalent to
twice his estimated monthly license tax,
determined in such manner as the department may deem proper: PROVIDED, That the
total amount of the bond or bonds shall
never be less than five hundred dollars
nor more than fifty thousand dollars.
Any person who has filed with the department a bond as a motor vehicle fuel
distributor under the terms and conditions
provided for in RCW 82.36.060, may extend
the terms and conditions of said distributor's bond, by an approved rider or bond
form, to include coverage of all liabilities and conditions imposed by this chapter upon the special fuel dealer or to the
special fuel user to whom said extension
is made applicable. The amount of any new
bond that may be required of a dealer or
user shall not exceed the maximum amount
provided by RCW 82.36.060 for a motor
vehicle fuel distributor's license. (1973
1st ex.s. c 156 § 4; 1971 ex.s. c 175 §
12
0
)
82.38.120
ISSUANCE OF LICENSE--REFUSAL--POSTING--DISPLAY::DURATION::TRANSFERA~
Bit!TY~--upon--receipt-anaapproval
0!-aii
application and bond
(if required), the
department shall issue to the applicant a
[ 735 ]
82.38.120
EXCISE TAXES
--------------------------------------------------------------------------------------license to act as a special fuel dealer, a
special fuel supplier, or a special fuel
user:
PROVIDED, That the department may
refuse to issue a special fuel dealer's
license, special fuel supplier• s license,
or a special fuel user's license to any
person (1) who formerly held either type
of license which,
prior to the time of
filing for application, has been revoked
for cause; or (2) who is a subterfuge for
the real party in interest whose license
prior to the time of filing for application, has been revoked for cause; or
(3}
upon other sufficient cause being shown.
Before such refusal, the department shall
grant the applicant a hearing and shall
grant him at least five days written
notice of the time and place thereof.
The department shall determine from the
information shown in the application or
other investigation the kind and class of
license to be issued.
All licenses shall be posted in a conspicuous place or kept available for inspection at the
principal
place
of
business of the owner thereof. License
holders shall reproduce the license by
photostat or other method and keep a copy
on display for ready inspection at each
additional place of business or other
place of storage from which special fuel
is sold, delivered or used and in each
motor vehicle used by the license holder
to transport special fuel purchased by him
for resale, delivery or use.
Every special fuel user and consumer of special
fuel used to propel motor vehicles upon
the highways of this state shall reproduce
the license and carry a photocopy thereof
with each motor vehicle being operated
upon the highways of this state.
A special fuel dealer or a special fuel
supplier may use special fuel in motor
vehicles owned or operated by them without
securing a license as a special fuel user
but they shall be subject to all other
conditions, requirements and liabilities
imposed herein upon a special fuel user.
The department shall furnish to each licensed special fuel supplier a list showing the name and address of each bonded
special fuel dealer as of the beginning of
each fiscal year, and shall thereafter
during each year supplement such list
monthly.
Each special fuel dealer's license, special fuel supplier's license, and special
fuel user• s license shall be valid until
suspended or revo~ed for cause or otherwise canceled.
No special fuel dealer's license, special fuel supplier's license, or special
fuel user•s license shall be transferable.
[ 1973 1st ex.s. c 156 § 5; 1971 ex.s. c
175 § 13. ]
82.38.150
~LY
REPORTS.
For the
purpose of determining the amount of his
liability for the tax herein imposed each
special fuel dealer and each special fuel
user shall file with the department, on
[
forms prescribed by the department, a
monthly tax report.
A report shall be
filed with the department for each calendar month, even though no special fuel was
used, or tax is due, for the calendar
month.
Such report shall contain a declaration by the person making the same, to
the effect that the statements contained
therein are true and are made under penalties of perjury, which declaration shall
have the same force and effect as a
verification of the report and shall be in
lieu of such verification.
The report
shall show such information as the department may reasonably require for the proper
administration and enforcement of this
chapter: PROVIDED, That if a special fuel
dealer or special fuel user is also a
special fuel supplier at a location where
special fuel is delivered into the supply
tank of a motor vehicle, and if separate
storage is provided thereat from which
special fuel is delivered or placed into
fuel supply tanks of motor vehicles, the
monthly report to the department need not
include inventory control data covering
bulk storage from which wholesale distri·
bution of special fuel is made.
The
special fuel dealer or special fuel user
shall file the report on or before the
twenty-fifth day of the next succeeding
calendar month following the monthly peri•
od to which it relates.
If the final filing date falls on a
Saturday, Sunday or legal holiday the next
secular or business day shall be the final
filing date. Such reports shall be considered filed or received on the date
shown by the post office cancellation mark
stamped upon an envelope containing such
report properly addressed to the depart·
ment, or on the date it was mailed if
proof satisfactory to the department is
available to establish the date it was
mailed.
Any person whose sole use of special
fuel is for the propulsion of a privately
operated passenger automobile is exempt
from the filing of a special fuel tax
report on the condition that all fuel used
in this state, except fuel brought into
this state in the fuel tank of the vehicle, is purchased from a special fuel
dealer in this state who collects the tax
from the user when delivering the fuel
into the fuel tank of the user's automobile. For the purposes of this chapter,
"privately operated passenger automobil7"
includes passenger cars as that term 1s
defined in RCW 46.04.382, and such light
truc~s and other noncommercial vehicles as
may be defined as such by rules and
regulations adopted by the department.
A
special fuel user may be relieved of the
filing of the tax report even though he
operates more than one passenger automobile using special fuel,
whether or not
such automobiles are used for pleasure or
in a business or profession, providing
that the user is not also using such fuel
in other motor vehicles which are not
privately operated passenger automobiles.
736
]
SPECIAL FUEL TAX ACT
82.38.170
--------------------------------------------------------------------------------------Notwithstanding that a special fuel user•s
sole use of such special fuel is in a
privatelr operated automobile,
he shall
continue to file the tax report if he is
using such special fuels from bulk storage
of special fuel on which the tax has not
been paid at the time of purchase or
acquisition.
The department may relieve any holder of
a valid special fuel users license from
the requirement of filing returns under
this section when he has established to
its satisfaction
(1)
that such user's
vehicles are operated exclusively within
the boundaries of this state: (2) that his
purchases of special fuel are made exclusively from special fuel dealers holding
valid licenses under this chapter; (3)
that he does not acquire special fuel in
any manner or for any purpose whereby
payment of tax or undertaking therefor is
not made to a special fuel dealer at time
of purchase; and
(l.j.)
that he maintains
adequate records subject to audit.
The department, if it deems it necessary
in order to insure
payment of the tax
imposed by this chapter, or to facilitate
the administration of this chapter, shall
have the authority to require the filing
of reports and tax remittances at shorter
intervals than one month if, in its opinion,
an
existing
bond
has
become
insufficient.
The department may permit any special
fuel user whose sole use of special fuel
is in motor vehicles or equipment exempt
from tax as provided in RCW 82.38.030
(1)
and RCW 82.38.080 (1), (2), (3) and (6),
in lieu of the reports required in this
section, to submit reports annually or as
requested by the department, in such form
a3 the department may require.
[1973 1st
ex.s. c 156 § 6; 1971 ex.s. c 175 § 16.]
82.38.170
s;.n:11 !1!12 mAIQIQRY gENA1.=
(1)
If any special fuel dealer or
special fuel user fails to pay any taxes
collected or due the state of Washington
by said dealer or user within the time
prescribed by RCW 82.38.150, said dealer
or user shall pay in addition to such tax
a penalty of ten percent of the amount
thereof plus interest at the rate of one
percent per month, or fraction thereof,
from the date such tax was due until paid.
(2) If it be determined by the department that the tax reported by any special
fuel dealer or special fuel user is deficient it shall proceed to assess the
deficiency on the basis of information
available to it and there shall be added
to this deficiency a penalty of ten percent of the amount of the deficiency
together with interest at the rate of one
percent per month, or fraction thereof,
from the date the report was due until
paid.
(3)
If any special fuel dealer or special fuel user,
whether or not he is
licensed as such, fails, neglects, or
refuses to file a special fuel tax report,
I~~~
1973 RCW SUPP.
[ 737
the department shall,
on the basis of
information available to it, determine the
tax liability of the special fuel dealer
or the special fuel user for the period
during which no report was filed,
and to
the tax as thus determined, the department
shall add the penalty and interest provided in subsection (2) of this section. An
assessment made by the department pursuant
to this subsection or to subsection (2) of
this section shall be presumed to be
correct, and in any case where the validity of the assessment is drawn in question,
the burden shall be on the person who
challenges the assessment to establish by
a fair preponderance of the evidence that
it is erroneous or excessive as the case
may be.
(4)
If any special fuel dealer or special fuel user shall establish by a fair
preponderance of evidence that his failure
to file a report or pay the proper amount
of tax within the time prescribed was due
to reasonable cause and was not intentional or wilful, the department may waive the
penalty prescribed in subsections
(1),
(2), and (3) of this section.
(5)
If any special fuel dealer or special fuel user shall file a false or
fraudulent report with intent to evade the
tax imposed by this chapter,
there shall
be added to the amount of deficiency
determined by the department a penalty
equal to twenty-five percent of the deficiency together with interest at one percent per month, or fraction thereof, on
such deficiency from the date such tax was
due to the date of payment, in addition to
the penalty provided in subsection (2)
of
this section and all other penalties prescribed by law.
(6)
Except in the case of a fraudulent
report or of neglect or refusal to make a
report, every deficiency shall be assessed
under subsection (2) of this section within three years from the twenty-fifth day
of the next succeeding calendar month
following the monthly period for which the
amount is proposed to be .determined or
within three years after the return is
filed, whichever period expires the later.
(7)
Any special fuel dealer or special
fuel user against whom an assessment is
made under the provisions of subsections
(2) or (3) of this section may petition
for a reassessment thereof within thirty
days after service upon the special fuel
dealer or special fuel user of notice
thereof.
If such petition is not filed
within such thirty day period, the amount
of the assessment becomes final at the
expiration thereof.
If a petition for reassessment is filed
within the thirty day period, the department shall reconsider the assessment and,
if the special fuel dealer or special fuel
user has so requested in his petition,
shall grant such special fuel dealer or
special fuel user an oral hearing and give
the special fuel dealer or special fuel
user ten days•
notice of the time and
82.38.170
EXCISE TAXES
--------------------------------------------------------------------------------------place thereof. The department may continue the hearing from time to time. The
decision of the department upon a petition
for reassessment shall become final thirty
days after service upon the special fuel
dealer or special fuel user of notice
thereof.
Every assessment made by the department
shall become due and payable at the time
it becomes final and if not paid to the
department when due and payable, there
shall be added thereto a penalty of ten
percent of the amount of the tax.
(8) Any notice of asse.ssment required
by this section shall be served personally
or by mail; if by mail, service shall be
made by depositing such notice in the
United States mail, postage prepaid addressed to the special fuel dealer or
special fuel user at his address as the
same appears in the records of the depart.ment.
( 1973 1st ex.s. c 156 § 7; 1972
ex.s. c 138 § 3; 1971 ex.s. c 175 § 18.]
82.38.190
~~R~a
lQR £1!IMIN§ gg=
fUNQ§ Qg CREDITS.
(1)
Claims under RCW
82.38.180 shall be filed with the department on forms prescribed by the department
and shall show the date of filing and the
period covered in the claim, the number of
gallons of special fuel used for purposes
subject to tax refund, and such other
facts and information as may be required.
Every such claim shall be supported by an
invoice or invoices issued to or by the
claimant, as may be prescribed by the
department, and such other information as
the department may require.
(2) Any amount determined to be refundable by the department under RCW 82.38.180
shall first be credited on any amounts
then due and payable from the special fuel
dealer or special fuel user or to any
person to whom the refund is due, and the
department shall then certify the balance
thereof to the state treasurer, who shall
thereupon draw his warrant for such certified amount to such special fuel dealer or
special fuel user or any person: PROVIDED, HOWEVER, That the department shall
deduct fifty cents from all such refunds
as a filing fee, which fee shall be
deducted from the warrant issued in payment of such refund to defray expenses in
furnishing the claim forms and other forms
provided for in this chapter.
(3) No refund or credit shall be approved by the department unless a written
claim for refund or credit stating the
specific grounds upon which the claim is
founded is filed with the department:
(a) Within thirteen months from the
date of purchase or from the last day of
the month following the close of the
monthly period for which the refundable
amount or credit is due with respect to
refunds or credits allowable under RCW
82.38.180, subsections (1), (2),
(4)
and
(5), and if not filed within this period
the right to refund shall be forever
barred.
(b) Within three years from the last
day of the month following the close of
the monthly period for which the overpayment is due with respect to the refunds or
credits allowable under RCW 82.38.180 (3),
(4)
Within thirty days after disallowing any claim in whole or in part, th~
department shall serve written notice of
its action on the claimant.
(5) Interest shall be paid upon any
refundable amount or credit due under RCW
82.38.180 (3) at the rate of one percent
per month from the last day of the calendar month following the monthly period for
which the refundable amount or credit is
due.
The interest shall be paid:
(a) In the case of a refund, to the
last day of the calendar month following
the date upon which the person making the
overpayment, if he has not already filed a
claim, is notified by the department that
a claim may be filed or the date upon
which the claim is approved by the department, whichever date is earlier.
(b) In the case of a credit, to the
same date as that to which interest is
computed on the tax or amount against
which the credit is applied.
If the department determines that any
overpayment has been made intentionally or
by reason of carelessness, it shall not
allow any interest thereon.
(6)
No injunction or writ of mandate or
other legal or equitable process shall
issue in any suit, action or proceeding in
any court against this state or against
any officer of the state to prevent or
enjoin the collection under this chapter
of any tax or any amount of tax required
to be collected. [1973 1st ex.s. c 156 §
8; 1972 ex.s. c 138 § 5; 1971 ex.s. c 175
§ 20. ]
Chapter 82.44
MOTOR VEHICLE EXCISE
82.44.150
CL~
~~IS~
M:I~Il!~
Q1~]Y!1Q!
IYli.R
OF
SiENER!bLY~
~Q!Qli
ygEI-
1!~ENJllt~NT
!!Yl!~ 1~ ll!ll~
(1)
On the
first day of the months of January, April,
July, and October of each year, the state
treasurer shall make the following apportionment and distribution of all moneys
rema1n1ng in the motor vehicle excise
fund: PROVIDED, That the July apportionment shall be credited to the fiscal year
in which the collections are made: A sum
equal to seventeen percent thereof shall
be paid to cities and towns in the proportions and for the purposes hereinafter set
forth; a sum equal to eighty-one and
thirty-four one hundredths percent of all
motor vehicle excise tax receipts shall be
allocable to the state school equalization
fund and credited and transferred each
year in the following order of pri~r~ty:
(a) The amount required and cert1f1ed by
the state finance committee each year as
being necessary for payment of principal
[ 738 l
VALUATIONS, CREDITS, AND EXEMPI'IONS
83.16.025
--------------------------------------------------------------------------------------of and interest on bonds authorized by
chapter 26, Laws of 1963 extraordinary
session in the ensuing twelve months and
any additional amounts required by the
covenants of such bonds shall be transferred to the 1963 public school building
bond retirement fund.
(b) Any remaining amounts from the motor
vehicle excise taxes not required for debt
service on the above bond issues shall be
transferred and credited to the general
fund.
(2) Any amounts remaining in the motor
vehicle excise fund after making the distributions provided for in subsection (1)
of this section shall be transferred to
the general fund.
(3) The amount payable to cities and
towns shall be apportioned among the several cities and towns within the state
ratably, on the basis of the population as
last determined by the board.
(4) When so apportioned, the amount payable to each such city and town shall be
transmitted to the city treasurer thereof,
and shall be utilized by such city or town
for the purposes of police and fire protection and the preservation of the public
health therein, and not otherwise.
In
case it be adjudged that revenue derived
from the excise tax imposed by this chapter cannot lawfully be apportioned or
distributed to cities or towns, all moneys
directed by this section to be apportioned
and distributed to cities and towns shall
be credited and transferred to the state
general fund. (1973 1st ex.s. c 136 § 5;
1972 ex.s. c 87 § 1. Prior: 1971 ex.s. c
199 § 2; 1971 ex.s. c 80 § 1; 1969 ex.s. c
255 § 15; 1961 c 15 § 82.44.150; prior:
1957 c 175 § 12; 1945 c 152 § 5; 1943 c
144 § 14; Rem. Supp. 1945 § 6312-128.]
§~!~£ability __ gffecii~
1361
35.58.273.
~~ ~
See
notes
dat~=-1971
following
1si
RCW
Chapter 82.50
MOBILE HOMES, TRAVEL TRAILERS AND CAMPERS
EXCISE
82.50.902
APP~IIQ!
QE ftl!E!~E IQ
HOMES. The provisions of chapter
82.50 RCW shall remain applicable to mobile homes through December 31, 1972. All
mobile homes subject to the property tax
shall be listed and assessed for the first
time on January 1, 1972 and such tax shall
be paid during 1973 in accordance with the
laws of this state: PROVIDED, HOWEVER,
That no such mobile home shall be taxed
more than one time, whether excise or
property tax, in any one year by distraint, "quick-collect" or otherwise, unless the mobile home is to be moved to a
location
not
within
the
state
of
Washington: AND PROVIDED FURTHER, That
~Q§ll~
this 1973 amendment shall operate retroactively as if enacted originally with section 73, chapter 299, Laws
of
1971
extraordinary session.
[1973 c 103 § 5;
1971 ex.s. c 299 § 73.]
TITLE 83
INHERITANCE AND GIFT TAXES
Sections added, amended, or repealed:
£!!s.E~~ ~1.:.12 yalJ!S ti.Q!!& s,;~gi!2L
t!~!!.E!.iQ!!.§.~
83.16.025
.an£
Estate consisting of trust with
life estate and remainder--Invasion of corpus--Reduction of
deferred tax, security.
fha.E~~ ~~~Q
Itgg_s.£.~2.£
Iansfe£2.L
f~!!:.
l!~efit~n.J!l.Etions.:..
1!2~!!~.tl! Itgg,agi~ s_nd tts.nsf~
~!2.!!12.!. E£2.!! Inh~rig!!£g_ !.S.hl
eion
83.20.030
83.20.030
83.20.040
Cha£~~
Public pension b~nefits.
Public pension benefits.
(Effective July 1, 1974.)
Pension benefits qualified for
federal estate tax exemption.
§.hl§.
83.56.050
!iifi Taxe2..:,.
Annual exclusion of three thousand dollars.
Chapter 83.16
VALUATIONS, CREDITS, AND EXEMPTIONS
83.16.025
~TATE QQ!§I§!IN~
Q.f TRQST
HI!! 1Ill ~~TATE AND ggAINDER-=INVlliQH
Q! fQRPO§_-::g~~QfTION Ql: DEFERR~ IA!L ~~:.
CURITY.
When the estate consists of a
trust-with a life estate in the surv~v~ng
spouse and a remainder and the surviving
spouse has the power to invade the corpus
of the trust and where payment of a tax
has been deferred on the beneficial interest in a remainder pursuant to RCW 83.16.020, the surviving spouse shall pay tax
on the invasion within sixty days of the
receipt thereof and shall receive a reduction of the deferred tax and a reduction
of the bond or return of security filed to
the extent the surviving spouse by exercise of the power to invade the corpus
reduces
the
remainder. The surviving
spouse may not file a claim for such
reduction with the department more often
than once each calendar year. The amount
of the reduction shall be determined by
applying to the value of the remainder
interest at date of death a fraction the
numerator of which is the present amount
of the reduction of the remainder and
denominator of which is the present amount
of the remainder. [1973 1st ex.s. c 127 §
1• )
r 739 1
Ch. 83.20
INHERITANCE AND GIFT TAXES
--~-------------------------------------------------
Chapter 83.20
LEGACIES, TRANSFERS, PENSION
BENEFITS-EXEMPTIONS
(FORMERLY: LEGACIES AND TRANSFERS EXEMPT
FROM INHERITANCE TAX)
83.20.030
PUB1!~
~~~!QH ~~!JI!I~ j!~
!JrnNDll ]l 12.U jST ~1.:..a.:.. ~ ll1 ~ 11.:. The
right of a person to a pension, annuity or
retirement allowance, any optional benefit, any other right accrued or accruing
to any person under Title 41 RCW or under
any retirement or pension system established by city ordinance, or established
pursuant to RCW 54.04.050
(2) shall be
exempt from inheritance tax.
[1973 1st
ex.s. c 221 § 1; 1965 ex.s. c 8 § 1.]
ggyisg£!§ n21gi
RCW
83.20.030
was
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
83.20.030
!ll!JH;Q .Ill
gQ~1I~ g~]~lON ~~]~l!I~
.1.21J
JHr~gi:u; ~!!LY
1§.I
~!.:.§..:.
1L 121!bl
£ .1!2
J!~
~
21.:.
The right of· a
person to a pension, annuity or retirement
allowance, any optional benefit, any other
right accrued or accruing to any person
under Title 41 RCW or under any retirement
or pension system established or in effect
for faculty or employees at institutions
of higher education, includirig private
institutions of higher education, shall be
exempt from inheritance tax. [1973 1st
ex.s. c 149 § 6; 1965 ex.s. c 8 § 1.]
Chapter 83.56
GIFT TAXES
83.56.050
!!!!!!1 EXCLUSION OF THREE
THOUSAND DOLLARS.
(1}---zn--the-case-of
gifu;otherthanof future interests in
property, made to any person by the donor
during any calendar year, the first three
thousand dollars of such gifts to such
person or body politic or corporate shall
not, for the purpose of this chapter, be
included in the total amount of gifts made
during such year.
(2)
No part of a gift to an individual
who has not attained the age of twenty-one
years on the date of the transfer shall be
considered a gift of a future interest in
property for the purposes of subsection
(1)
of this section if the property and
the income therefrom:
(a)
May be expended by or for the benefit of, the donee before his attaining the
age of twenty-one years; and
(b)
Will to the extent not so expended:
(i)
pass to the donee on his attaining
the age of twenty-one years; and
(ii)
in the event the donee dies before
attaining the age of twenty-one years, be
payable to the estate of the donee, or as
he may appoint under a general power of
appointment.
[1973 1st ex.s. c 146 § 1;
1971 ex.s. c 292 § 69; 1965 ex.s. c 67 §
1;
1961 c 15 § 83.56.050. Prior: 1945 c
206 § 2, part; 1941 c 119 § 4, part; Rem.
supp. 1945 § 11218-14, part.]
TITLE 84
PROPERTY TAXES
Sections added, amended, or repealed:
Bgyisg£!§ not~
RCW
83.20.030
was
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amende~ more than once at the same
legislative session, see RCW 1.12.025.
83.20.040
~ON
~NEFII§.
QUA1I.fiEQ
£:OR rn~.R!:b ~TE I!1 ng~yoN.
The
right of a person (other than executor) to
a pension, annuity or retirement allowance, any optional benefit, or any other
right accrued or accruing to any person
under any pension plan, annuity, retirement allowance or benefit where such pension plan, annuity, retirement allowance
or benefit would qualify for exemption
from federal estate taxes pursuant to
section 2039 (c) or 2039(d) of the internal revenue code of 1954 shall be exempt
from inheritance tax. [1973 1st ex.s. c
221 § 2.]
84.04.140
"Regular property taxes", "regular property tax levies".
£h~££g£ ~~~Q~
21
84.08.050
Pu~i£
Access to books and records.
Pri!~!~
[ 740 ]
!§§~§!!gn!
car
ang
Tax~tion of
Comp~ies.
Access to books and records.
~~Ete£ ft~l~
84.28.090
Assessment and Taxation of
--- ------- -
:q tili tig§~
Ch~U?.!g£ ~.16
84.16.032
and Quties
of ggygn]lll.:..
Additional powers--Access t0
books and records--Hearings-Investigation of complaints.
£hg£!g£ 84.12
84.12.240
Qgng~~ ~Q!g£2
Q~partment
gefgr~tiQ!l !&!lg§.:.
Basis of assessment prescribed.
DIGEST OF TITLE
TITLE 84
--------------------------------------------------------------------------------------84.33.050
84.33.060
84.33.080
84.33.140
Valuation-Timber roll--Base
years--Calculation of assessed
valuation.
Calculation and fixing of dollar rates for regular and excess levies.
Schedule of value of timber on
timber roll, aggregate dollar
rates and "timber factor"Schedule of value of timber
harvested, aggregate dollar
rates and "harvest factor"Transfers between timber tax
funds--Payments.
Forest land valuation-Notation
of upon assessment and tax
rolls--Removal of designation-Compensating tax.
84.34.160
84.34.230
84.34.230
84.34.921
84.34.010
84.34.020
84. 34.030
84.34.035
84.34.037
84.34.040
84.34.050
84. 34.060
84.34.065
84.34.070
84.34.080
84.34.108
8 4. 34. 11 0
84.34.111
84.34.120
84.34.121
84.34.130
84.34.131
84.34.140
84.34.141
84.34.145
84.34.150
84.34.155
Legislative declaration.
Definitions.
Applications for current use
classification--Forms--Fee-Times. for making.
Applications for current use
classification--Approval or denial--Appeal--Duties of assessor upon approval.
Applications for current use
classification--To whom made-Factors--Review.
Referral of application to
proper legislative body--Approval or disapproval-Factors-Review.
Notice of approval or disapproval--Procedure when approval
granted.
Determination of true and fair
value of classified land-Computation of assessed value.
Determination of true and fair
value of farm and agricultural
land-Computation-Definitions.
Withdrawal from classification.
Change in use.
Removal of designation-Factors-Additional tax-Lien--Delinquencies--Exemptions.
Remedies available to owner liable for additional tax.
Remedies available to owner liable for additional tax.
Reports required.
Information required.
Valuation of timber not
affected.
Valuation of timber not
affected.
Rules and regulations.
Rules and regulations.
Advisory committee.
Reclassification of land classified under prior law which
meets definition of farm and
agricultural land.
Reclassification of land classified as timber land which
1973 RCW SUPP.
84.36.020
84.36.030
84.36.040
84.36.050
84.36.060
84.36.120
84.36.260
84.36. 262
84.36.264
84.36.270
84.36.300
84.36. 301
84.36.370
84.36.450
84.36.455
[ 741 ]
meets definition of forest land
under chapter 84.33 RCW,
Information on current use
classification-Publication and
dissemination.
Acquisition of open space,
etc., land or rights to future
development by counties, cities
or metropolitan municipal corporations--Property tax levy
authorized.
(Effective until
January 1, 1974.)
Acquisition of open space,
etc., land or rights to future
development by counties, cities
or metropolitan municipal corporations--Property tax levy
authorized.
Severability--1973 1st ex.s. c
212.
Cemeteries, churches, parsonages, convents and grounds.
Property used for character
building, benevolent, protective or rehabilitative social
services-camp facilities--Veteran or relief organization
owned property---Rental, effect.
Libraries, orphanages, day care
centers, nursing homes,
hospitals.
Schools and colleges.
Art, scientific and historical
collections and property used
to maintain, etc. such collections, fire companies, humane
societies.
Household goods and personal
effects--Definitions.
Property used for conservation
of ecological systems or natural resources, scientific
research.
Cessation of use giving rise to
exemption.
Application for exemption under
RCW 84.36.260.
Real property beneath air space
dedicated to public body for
stadium facilities.
Stocks of merchandise, goods,
wares or material--Aircraft
parts, etc.--When eligible for
exemption.
Legislative findinq and
declaration.
Residences-Exemption from percentage of taxes due to excess
levies, regular property tax
levies--Qualifications-Schedule.
Leasehold estates exemption.
Leasehold estates and educational facilities exemption--Effective in the event leasehold in lieu excise taxes held
invalid.
TITLE 84
PROPERTY TAXES
--------------------------------------------------------------------------------------84.36.460
Improvements owned or being acquired by sublessee taxable to
such sublessee.
GENERAL PROVISIONS
84.36.800
84.36.805
84.36.810
84.36.815
84.36.820
84.36.825
84.36.830
84.48.080
84.48.085
Definitions.
Conditions for obtaining exemptions by nonprofit organizations,
associations
or
corporations.
Cessation of use under which
exemption granted.
Application for exemption--Required--Filing--Renewal--Signature--Due date.
Application furms to be mailed
to owners of exempt property--Failure to file before
due
date, effect.
Application
fee---Applications
for
1974 considered initial
applications.
Review of applications for exemption--Procedure--Approval or
84.48.110
84.48.150
fhsPllr
~ . . 2£
84.52.010
84.52.010
84.52.042
84.52.043
denial~Notice.
84.36.835
84.36.840
84.36.845
84.36.850
84.36.855
84.36.860
84.36.865
94.36,900
84.36.905
List of exempt properties to be
prepared
and furnished each
county assessor.
Statements--Reports---Information--Filing--Requirements.
Revocation
of exemption approved or renewed due to inaccu~ate information.
Review---Appeals.
Property changing from exempt
to taxable status~Procedure.
Public notice of provisions of
act.
Rules and regulations.
Severability--1973 2nd ex.s. c
40.
Effective date---Construction--1973 2nd ex.s. c 4C.
84.52.050
84.52.052
84.52.052
84,52.054
84.52.056
84.52.056
84.52.061
84.52.061
84.40.020
84.40.030
84. 40.040
84.40.080
84.40.085
84.40.320
84.40.340
Assessment date---Average inventory basis may be used--Public
inspection of listing, documents and records.
Basis of valuation--Criterion
of
value---Factors--Growing
crops
excluded--Mines, quarries-Leasehold estates.
Time and manner of listing.
Listing omitted property
or
improvements.
Limitation period for assessment of omitted property or
value--Notification to taxpayer
of omission--Procedure.
Detail and assessment lists to
board of equalization.
Verification by assessor of any
list, statement, or schedule-Confidentiality, penalty.
~hapter ~~~i~
.mlli§~
~ualizatiQg
Qf
84.52.063
84.52.063
84.52.065
fh~Pig£
Equalization of assessments-Taxes for state purposes--Procedure-Levy
and
apportionment---Record.
Equalization of
valuations-Procedure.
Transcript of proceedings to
county
assessors~Delinquent
tax for seventh preceding year
included.
Valuation criteria
including
comparative sales to be made
available to taxpayers.
I!!l!.I
2!
Ill~§~
How levied--Effect of constitutional limitation.
(Effective
until January 1, 1974.)
How levied---Effect of constitutional limitation.
Limitations upon regular property tax levies.
(Effective
until January 1, 1974.)
Limitations upon regular property tax levies.
(Effective
January 1, 1974.)
Limitation of levies.
Excess
levies
authorized-When--Procedure.
(Effective
until January 1, 1974.)
Excess
levies
authorized-When--Procedure.
Excess
levies--Ballot
contents--Eventual dollar rate on
tax rolls.
Excess levies for capital purposes authorized.
(Effective
until January 1, 1974.)
Excess levies for capital purposes authorized.
Taxing district excess levies
authorized by prov~s~ons
of
other law.
(Effective until
January 1, 1974.)
Taxing district excess levies
authorized by prov1s~ons
of
other law.
(Repeal effective
January 1, 1974.)
Rural library district levies.
{Effective until January
1,
1974.)
Rural library district levies.
State levy for support of common schools.
84.54
Additional
Limitations
i~Ylsr-PrQ£erii-xai-sevg~ue§~
84.54.020
Limitations on regular
tax levy.
fh~Pigr fti~22
~imitgtiQnE
Qll
proper~y
YPQll
R~pgri! Tax~
84. 55.010
84.55.030
( 742 ]
Limitations prescribed--Restoration of regular levy.
(Expires December 31, 1978.)
Limitation upon first levy following annexation •
GENERAL POWERS AND DUTIES OF DEPARTMENT OF REVENUE
84.08.050
--------------------------------------------------------------------------------------84.55.040
84.55.040
84.55.050
Increase in statutory millage
limitation.
(Effective until
January 1, 1974.)
Increase in statutory dollar
rate limitation.
Election to authorize increase
in regular property tax levy-Procedure.
fha£1~£ ~~~22
84.56.180
84.56.230
84.56.300
£hapt~r
Transient trader, taxation of
merchandise of.
Monthly distribution of taxes
collected.
Annual report of collections to
county auditor.
84.6 9
84.69.050
84.69.060
84.69.070
84.69.100
£2!l~£1i2n of I~!~§~
R!ifund§.!..
Refund with respect to amounts
paid state.
Refunds with respect to county
and state taxes.
Refunds with respect to taxing
districts--Administrative
expenses--Disposition of
funds
upon
expiration
of
refund
orders.
Refunds shall include interest--Written
protests
not
required.
Chapter 84.04
DEFINITIONS
84.04.140
~REGUk!R
g]OP~RI!
l!!]~~L
PRQPERT! !A! 1~VI~2~~ The term
"regular property taxes" and the term
"regular property tax levy" shall mean a
property tax levy by or for a taxing
district which levy is subject to the
aggregate limitation set forth in RCW
84.52.043 and RCW 84.52.050, as now or
hereafter amended, or which is imposed by
or for a port district or a public utility
district. (1973 1st ex.s. c 195 § 88;
1971 ex.s. c 288 § 13.)
~REGU1!B
~~~!s~iliiY:~ff~£ii!~ dai~§ ~nd i~~i=
natio.n .Ss~~n§1!Y£ii2D .1221 .1§1 ~~
Q 121~ See notes following RCW 84.52.043.
chapter 84. 08
GENERAL POWERS AND DUTIES OF
DEPARTMENT OF REVENUE
84.08.050
ADDITIONAL POWERS--ACCESS TO
BOOKS AND RECORDS::HEARINGS::INVESTIGATIOi
oF -£oKPLJ1!!~ The aepartment-~revenue
shall:
(1)
Require individuals, partnerships,
companies, associations and corporations
to furnish information as to their capital, funded debts, investments, value of
property, earnings, taxes and all other
facts called for on these subjects so that
1973 RCW SUPP.
the department may determine the taxable
value of any property or any other fact it
may consider necessary to carry out any
duties now or hereafter imposed upon it,
or may ascertain the relative burdens
borne by all kinds and classes of property
within the state, and for these purposes
their records, books, accounts, papers and
memoranda shall be subject to production
and inspection, investigation and examination by said department, or any employee
thereof designated by said department for
such purpose, and any or all real and/or
personal property in this state shall be
subj€ct to visitation, investigation, examination and/or listing at any and all
times by the department or by any employee
thereof designated by said department.
(2)
summon witnesses to appear and testify on the subject of capital, funded
debts, investments, value of property,
earnings,
taxes, and all other facts
called for on these subjects, or upon any
matter deemed material to the proper assessment of property, or to the investigation of the system of taxation, or the
expenditure of public funds for state,
county, district and municipal purposes:
PROVIDED, HOWEVER, No person shall be
required to testify outside of the county
in which the taxpayer's residence,
office
or princj.pal place of business, as the
case may be,
is located.
Such summons
shall be served in like manner as a
subpoena issued out of the superior court
and be served by the sheriff of the proper
county, and such service certified by him
to said department without compensation
therefor. Persons appearing before said
department in obedience to a summons shall
in the discretion of the department receive the same compensation as witnesses
in the superior court.
Any member of the department or any employee thereof designated for that purpose
may administer oaths to witnesses.
In case any witness shall fail to obey
the summons to appear, or refuse to testify, or shall fail or refuse to comply with
any of the provisions of subsections (1)
and (2) of this section, such person, for
each separate or repeated offense, shall
be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in
any sum not less than fifty dollars, nor
more than five thousand dollars.
Any
person who shall testify falsely shall be
guilty
of and shall be punished for
perjury.
(3)
Thoroughly
investigate all complaints which may be made to it of illegal, unjust or excessive taxation, and
shall endeavor to ascertain to what extent
and in what manner, if at all, the present
system is inequal or oppressive. (1973 c
95 § 8; 1961 c 15 § 84.08.050. Prior:
1939 c 206 § 5, part; 1935 c 127 § 1,
part; 1921 c 7 §§ 50, 53; 1907 c 220 § 1,
part; 1905 c 115 § 2, part; RRS § 11091
(second) , part. )
[ 743 )
Ch. 84.12
PROPERTY TAXES
--------------------------------------------------------------------------------------Chapter 84.12
ASSESSMENT AND TAXATION OF PUBLIC
UTILITIES
84.12.240
!££![§TO~~~ !!Q RECORDS.
The department of revenue shall have access to all books, papers, documents,
statements and accounts on file or of
record in any of the departments of the
state; and it shall have the power to
issue subpoenas, signed by a member of the
department and served in a like manner as
a subpoena issued from courts of record,
to compel witnesses to appear and give
evidence and to produce books and papers.
Any member of the department, or the
secretary thereof, or any employee officially designated by the department is
authorized to administer oaths to witnesses. The attendance of any witness may be
compelled by attachment issued out of any
superior court upon application to said
court by any member of the department,
upon a proper showing that such witness
has been duly served with a subpoena and
has refused to appear before the said
department.
In case of the refusal of a
witness to produce books, papers, documents, or accounts, or to give evidence on
matters material to the hearing, the department or any member thereof may institute proceedings in the proper superior
court to compel such witness to testify or
to produce such books or papers, and to
punish him for such failure or refusal.
All process issued by the department shall
be served by the sheriff of the proper
county or by a duly authorized agent of
the department and such service, if made
by the sheriff, shall be certified by him
to the commission without any compensation
therefor. Persons appearing before the
department in obedience to a subpoena
shall receive the same compensation as
witnesses in the superior court.
The
records, books, accounts and papers of
each company shall be subject to visitation, investigation or examination by the
department, or any employee thereof officially designated by the department.
All
real and/or personal property of any company shall be subject to visitation, investigation, examination and/or listing at
any and all times by the department, or
any person officially designated by the
director. ( 1973 c 95 § 9; 1961 c 15 §
84.12.240.
Prior:
1935 c 123 § 4; 1925
ex.s. c 130 § 37; 1907 c 131 § 3; 1907 c
78 § 3; RRS § 11156-Lh
Formerly RCW
84.12.080.)
Chapter 84.16
ASSESSMENT AND TAXATION OF PRIVATE CAR
COMPANIES
84.16.032
Ac£~~§ IQ ~22!~ !!~ B~£Q]Qa~
The department of revenue shall have access to all books, papers, documents,
statements and accounts on file or of
record in any of the departments of th~
state; and shall have the power, by su•mons signed by director and served in a
like manner as a subpoena issued froa
courts of record, to compel witnesses to
appear and give evidence and to produce
books and papers. The director or any
employee officially designated by the director is authorized to administer oaths
to witnesses. The attendance of any witness may be compelled by attachment issued
out of any superior court upon application
to said court by the department, upon a
proper showing that such witness has been
duly served with a summons and has refused
to appear before the said department. In
case of the refusal of a witness to
produce books, papers, documents or accounts or to give evidence on matters
material to the hearing, the department
may institute proceedings in the proper
superior court to compel such witness to
testify, or to produce such books or
papers and tc punish him for the refusal.
All summons and process issued by the
department shall be served by the sheriff
of the proper county and such service
certified by him to the commission without
any compensation therefor.
Persons appearing before the department in obedience
to a summons, shall, in the discretion of
the department, receive the same compensation as witnesses in the superior court.
The records, books, accounts and papers of
each company shall be subject to visitation, investigation or examination by the
department, or any employee thereof officially desi9nated by the director. All
real and/or personal property of any company shall be subject to visitation, investigation, examination and/or listing at
any and all times by the department, or
any person employed by the department.
(1973 c 95 § 10; 1961 c 15 § 84.16.032.
Prior: 1933 c 146 § 4; RRS § 11172-4;
prior: 1907 c 36 § 6.
Formerly RCW
84.16.060.]
Chapter 84.28
REFORESTATION LANDS
84.28.090
BASI~
Ql ASSES~~~!! g~~=
All lands classified as reforestation lands as provided in this chapter
and lying west of the summit of the
cascade range of mountains in the state of
Washington shall, after the date of such
classification, be assessed for purposes
of taxation at sixteen dollars per acre,
which is hereby declared to be the assessed value thereof; and all lands so
classified lying east of the summit of the
cascade range of mountains shall be assessed for purposes of taxation at eight
dollars per acre, which is hereby declared
to be the assessed value thereof. The
above values shall apply as the actual
basis for taxation of such lands, without
regard to any percentages of value which
may apply for taxation of other classes of
~£E!§~
[ 744 J
TIMBER AND FOREST LANDS
84.33.060
--------------------------------------------------------------------------------------property; and the taxation of such lands
on the basis herein provided shall be
separate and distinct from and in addition
to the cost of protecting such lands fro~
fire as provided under the
laws
of
washington.
[ 1973 1st ex. s. c 195 § 89;
1971 ex.s. c 299 § 33; 1963 c 214 § 10;
1961 c 15 § 84.28.090.
Prior:
1931 c 40
§ 7; RRS § 11219-7.]
~~g£s£iliiY=-~ffg£!iY§
da!g§ snQ
!~£!i=
natio» 9.s1~=-C.Qnst£Y£iio»=ll1J. .1§i ~.!.§.!.
£ j95~ See notes following RCW 84.52.043.
Chapter 84.33
TIMBER AND FOREST LANDS
84.33.050
VA1UAIION=TIM~~li R~-B~~
YEARS--CALCULATION OF ASSESSED VALUATION.
(t;---rn--preparing~he-a5sessmen~oll-as
of January 1, 1971 for taxes payable in
1972, the assessor of each timber county
shall list all timber within such county
on January 1,
1971 at the 1970 timber
value.
For each year commencing with
1972, the assessor of each timber county
shall prepare a timber roll, which shall
be separate and apart from the assessment
roll, listing all timber within
such
county on January 1, 1972 at values determined as follows:
(a)
For the five years commencing with
1972, the value shall be the 1970 timber
value;
(b)
For each succeeding five year period, the first of which commences on January 1, 1977, the value shall be such 1970
timber value increased or decreased in
proportion to the percentage change, if
any, which has occurred between the last
year of the preceding five year period and
1973 in the average stumpage value per
unit of measure of all timber harvested in
such county. such percentage change shall
be determined by the department of revenue
on the basis of information contained in
the excise tax returns filed pursuant to
RCW 82.04.291.
(2)
As used in subsection (1)
of this
section, "1970 timber value" means the
value for timber calculated in the same
manner and using the same values and
valuation factors actually used by such
assessor in determining the value of timber for the January 1, 1970 assessment
roll, except that if a revised schedule of
such values and valuation factors was
applied to some but not all timber in a
county for the January 1, 1970 assessment
roll, such revised schedule shall be used
by the assessor for any timber revalued
for the 1971 or 1972 assessment rolls, and
except that if the value of timber in any
county on January 1, 1970 was not separately determined and shown on such assessment roll, 1970 timber value shall
mean the value reconstructed from available records and information in accordance
with rules to be prescribed by the department of revenue.
1973 RCW SUPP.
{3)
The assessor of each timber county
shall add to the assessment roll showing
values of property as of January 1 of the
years listed below, an "assessed valuation" of the portion, indicated below
opposite each such year, of the value of
timber as shown on the timber roll for
such year. Such assessed valuation shall
be calculated by multiplying such portion
of the timber roll by the assessment ratio
applied generally by such assessor in
computing the assessed valuation of other
property in his county. The dollar rates,
calculated pursuant to RCW 84.33.060 for
each taxing district within which there
was timber on January 1 of such year,
shall be extended against such "assessed
valuation" of timber within such district
as well as against the assessed value of
all other property within such district as
shown on such assessment roll.
YEAR
PORTION OF TIMBER ROLL
1972
1973
1974 and thereafter
75%
45%
None
(4)
Timber may be added to the timber
roll, at the value specified in subsection
(1) of
this section, commencing as of
January 1 following the designation of the
land upon which such timber stands pursuant to subsection (3) of RCW 84.33.120 or
84.33.130, but only if the value of such
timber was not separately determined and
shown on the assessment roll as of either
January 1, 1970 or January 1, 1972;
(5)
Timber may be added to the timber
roll, at the value specified in subsection
(1) of this section, commencing as of
January 1st following the sale or transfer
of the land upon which such timber stands
from an ownership in which such land was
exempt from ad valorem taxation to an
ownership in which such land is no longer
exempt.
(6)
The value of timber shall be deleted from the timber roll upon the sale or
transfer of the land upon which such
timber stands to an ownership in which
such land is exempt from ad valorem taxation. [1973 1st ex.s. c 195 § 90;
1972
ex.s. c 148 § 4; 1971 ex.s. c 294 § 5.]
~~Y~~s£ili~I==~1~ctiyg gg~§
ns~i2n dgi~--Con~truction--1973
£
1221
sng ~~ImiÂ
1§1 ~.!.
See notes following RCW 84.52.043.
84.33.060
CALCULATIO,H !ND ~IillSi OF
DOLL!!! UTE~ f:OR ,B~GUL AR !l!Q EXCESS LEV~~ In each year commencing -wi~ 1972
and ending with 1980, solely for the
purpose of determining, calculating and
fixing, pursuant to chapter 84.52 RCW, the
dollar rates for all regular and excess
levies for the state and each timber
county and taxing district lying wholly or
partially in such county within which
there was timber on January 1 of such
year, the assessor of such timber county
[ 745 ]
84.33.060
PROPERTY TAXES
--------------------------------------------------------------------------------------shall, for each such district, add to the
amount of the "assessed valuation of the
property" of all property other than timber the product of:
(a) The portion indicated below for
each year of the value of timber therein
as shown on the timber roll prepared in
accordance with RCW 84.33.050 for such
year; and
(b) The assessment ratio applied generally by such assessor in computing the
assessed value of other property in his
county:
YEAR
PORTION OF TIMBER ROLL
1972 through 1977
1978
1979
1980
1981 and thereafter
100%
75%
50%
25%
None
(1973 1st ex.s. c 195 § 91; 1971
294 § 6. 1
ex.s.
c
~tl~n.bili}.y
Eff~1in dat~§ a!!9. 1_ermi=
~tes
Con§1U!£:li2!!=.1973 .1§1 ex.s.!.
nation
£ 1~
See notes following RCW 84.52.043.
84.33.080
~~Y1~ Qf !ALU~ QI
!~B
Ql! TIM~ID! l!QLh !~Q!ll DOLl!!!! rug~ !J!]
~gR !ACTOR~SCHEQ!!!& OF !ALU~ OF !IM=
~]E
!!!!U~ll.L AGGllQffi QQbbAR RATE2 ANQ
!.H!.BUST FAC!~ TM_~lta ~~!.Hill !lKll.B
!!! !J!!lQS-::PAYMENTS.
(1)
On or before
December 15 of each year commencing with
1972 and ending with 1980, the assessor of
each timber county shall deliver to the
treasurer of such county and to the department of revenue a schedule setting
forth for each taxing district or portion
thereof lying within such county:
(a) The value of timber as shown on the
timber roll for such year;
(b) The aggregate dollar rate calculated pursuant to RCW 84.33.060 and actually
utilized the immediately preceding October
in extending property taxes upon the tax
rolls for collection in the following
year;
{c) A "timber factor" which is the product of such aggregate dollar rate, the
assessment ratio applied generally by such
assessor in computing the assessed value
of other property in his county and the
appropriate portion listed below of the
timber roll for such year ((a) above):
·rEAR
PORTION OF TIMBER ROLL
1972
1973
1974 through 1977
1978
1979
1980
25%
55%
100~
75%
50%
25%
on or before December 31 of each year
commencing with 1972 and ending with 1980,
the department of revenue shall determine
the proportion that each taxing district's
timber factor bears to the sum of the
timber factors for all taxing districts in
the state, and shall deliver a list to the
assessor and the treasurer of each timber
county and to the state treasurer shoving
the factor and proportion for each taxing
district.
(2) On the tenth day of the second
month of each calendar quarter, commencing
February 10, 1973 and ending November 10,
1981, the state treasurer shall pay to the
treasurer of each timber county for the
account of each taxing district such dis·
trict•s proportion (determined in December
of the preceding year pursuant to subsec·
tion {1) of this section) of the amount in
state timber tax fund A collected upon
timber harvested in the preceding calendar
quarter, but in no event shall any quar·
terly payment to a taxing district, when
added to the payments made to such district the previous quarters of the same
year, exceed the timber factor for such
district determined in December of the
preceding year.
The balance in state
timber tax fund A, if any, after the
distribution to taxing districts on November 10 each year commencing with 1973 and
ending with 1981, shall be transferred to
the state timber reserve fund.
{3) If the balance in state timber tax
fund A immediately prior to such November
10 distribution to taxing districts is not
sufficient to permit a payment which, when
added to the payments made to any taxing
district the previous quarters of the same
year, will equal the timber factor for
such district determined in December of
the preceding year, the necessary additional amount shall be transferred from
the state timber reserve fund to state
timber tax fund A.
(4) The balance, if any, in the state
timber reserve fund after the final trans·
fer, if any, to or from state timber tax
fund A in November of 1981, shall be
transferred to state timber tax fund B on
December 31, 1981, and one-fourth of such
balance shall be distributed in each quarter of 1982 in the manner set forth in
subsection (6) of this section.
(5)
On or before December 31 of each
year commencing with 1978, the department
of revenue shall deliver to the treasurer
of each timber county a schedule setting
forth for each taxing district or portion
thereof lying within such county:
(a) The average of the aggregate value
of all timber harvested within such dis·
trict in each of the immediately preceding
five years as determined from the excise
tax returns filed with the department of
revenue;
(b) The aggregate dollar rate calculated pursuant to RCW 84.33.060 and chapter
84.52 RCW and actually utilized the immediately preceding October in extending
property taxes upon the tax rolls for
collection the following year;
(c) A "harvest factor" which is the
product of such five year average and such
aggregate dollar rate;
[ 746 ]
TIMBER AND FOREST LANDS
81.1.33.140
--------------------------------------------------------------------------------------(d) The proportion that each taxing
district's harvest factor bears to the sum
of the harvest factors for all taxing
districts in the state.
(6)
On the tenth day of the second
month of each calendar quarter commencing
February 10, 1979, the state treasurer
shall pay to the treasurer of each timber
county for the account of each taxing
district such district's proportion (determined in December of the preceding year
pursuant to subsection
(5) of this section) of the amount in state timber tax
fund B collected upon timber harvested in
the preceding calendar quarter.
(1973 1st
ex.s. c 195 § 92; 1972 ex.s. c 148 § 2;
1971 ex.s. c 294 § 8.]
84.33.140
!QB~I t!~
l!tQAIIQ!__!Q!A=
!IQB Ql
2PON ~~~~~EB! A~ !!! RQ~==
REf!OVAL OF DESIGNATION-COMPENSATING TAX.
11f--ihen--lana--has--been--aesi9iated--as
forest land pursuant to subsection (3) of
RCW 84.33.120 or 84.33.130, a notation of
such designation shall be made each year
upon the assessment and tax rolls, a copy
of the notice of approval together with
the legal description or assessor's tax
lot numbers for such land shall, at the
expense of the applicant, be filed by the
assessor in the same manner as deeds are
recorded, and such land shall be graded
and valued pursuant to RCW 84.33.110 and
81.1.33.120 until removal of such designation by the assessor upon occurrence of
any of the following:
(a)
Receipt of notice from the owner to
remove such designation;
(b)
Passage of sixty days following the
sale or transfer of such land to a new
owner without receipt of an application
pursuant to RCW 84.33.130 from the new
owner;
(c)
Sale or transfer to an ownership
making such land exempt from ad valorem
taxation;
(d)
Determination
by
the assessor,
after giving the owner written notice and
an opportunity to be heard, that such land
is no longer primarily devoted to and used
for growing and harvesting timber.
Removal of designation upon occurrence of
any of subsections (a) through (c) above
shall apply only to the land affected, and
upon occurrence of subsection (d) shall
apply only to the actual area of land no
longer primarily devoted to and used for
growing and harvesting timber, without
regard to other land that may have been
included in the same application and approval for designation.
(2)
Within thirty days after such removal of designation of forest land, the
assessor shall notify the owner in writing, setting forth the reasons for such
removal. The owner may appeal such removal to the county board of equalization.
1973 RCW SUPP.
(3)
ITnless the removal is reversed on
appeal a copy of the notice of removal
with notation of the action, if any, upon
appeal, together with the legal description or assessor's tax lot numbers for the
land removed from designation shall, at
the expense of the applicant, be filed by
the assessor in the same manner as deeds
are recorded, and commencing on January 1
of the year following the year in which
the assessor mailed such notice, such land
shall be assessed on the same basis as
real property is assessed generally in
that county.
Except as provided in subsection (5) of this section, a compensating tax shall be imposed which shall be
due and payable to the county treasurer on
or before April 30 of the following year.
On or before May 31 following such assessment date, the assessor shall compute the
amount of such compensating tax and mail
notice to the owner of the amount thereof
and the date on which payment is due. The
amount of such compensating tax shall be
equal to:
(a)
The difference between the amount
of tax last levied on such land as forest
land and an amount equal to the new
assessed valuation of such land multiplied
by the dollar rate of the last levy
extended against such land, multiplied by
(b)
A number, in no event greater than
ten, equal to the number of years for
which such land was designated as forest
land.
(4)
Any compensating tax unpaid on its
due date shall thereupon become delinquent
and
together with applicable interest
thereon, shall as of said date become a
lien on such land which shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage,
judgment, debt, obligation or responsibility to or with which such land may become
charged or liable.
such lien may be
foreclosed upon expiration of the same
period after delinquency and in the same
manner provided by law for foreclosure of
liens for delinquent real property taxes
as provided in RCW 84.64.050. From the
date of delinquency until paid,
interest
shall be charged at the same rate applied
by law to delinquent ad valorem property
taxes.
(5)
The compensating tax specified in
subsection (3)
of this section shall not
be imposed if the removal of designation
pursuant to subsection (1) of this section
resulted solely from:
(a)
Transfer to a government entity in
exchange for other forest land located
within the state of Washington;
(b)
A taking through the exercise of
the power of eminent domain, or sale or
transfer to an entity having the power of
eminent domain in anticipation of the
exercise of such power;
(c)
Sale or transfer of land within two
years after the death of the owner of at
least a fifty percent interest in such
land. [ 1973 1st ex. s. c 195 § 93; 1972
ex.s. c 148 § 6; 1971 ex.s. c 294 § 14.]
[ 747 ]
84.33.140
PROPERTY TAXES
--------------------------------------------------------------------------------------~~!~gQili!Y=_]ff~!i~ da!~~ gnd 1~!1~
g5!io~ g~lg~==£2n~1~£!1Qn--1211 1st ex.s~
£1.22.1
See notes following RCW 84.52.,043.
Chapter 84.34
OPEN SPACE, AGRICULTURAL; AND TIMBER
LANDS--CURRENT USE
ASSESSMENT--CONSERVATION FUTURES
84.34.010
LEGISLATIVE
DECLARATION.
The legislature-hereby-declares-that-it-Is
in the best interest of the state to
maintain, preserve, conserve and otherwise
continue in existence adequate open space
lands for the production of food, fiber
and forest crops, and to assure the use
and enjoyment of natural resources and
scenic beauty for the economic and social
well-being of the state and its citizens.
The legislature further declares that assessment practices must be so designed as
to permit the continued availability of
open space lands for these purposes, and
it is the intent of this chapter so to
provide. The legislature further declares
its intent that farm and agricultural
lands shall be valued on the basis of
their value for use as authorized by
section 11 of Article VII of the Constitution of the state of washington. (1973
1st ex.s. c 212 § 1; 1970 ex.s. c 87 § 1.]
84.34.020
DEFINITIONS.
As used in
this chapter, unless-a--aifferent meaning
is required by the context:
( 1)
"Open space land 11 means (a) any
land area so designated by an official
comprehensive land use plan adopted by any
city or county and zoned accordingly or
(b) any land area, the preservation of
which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water
supply,
(iii) promote conservation
of
soils, wetlands, beaches or tidal marshes,
or (iv) enhance the value to the public of
abutting or neighboring parks, forests,
wildlife preserves, nature reservations or
sanctuaries or other open space, or {v)
enhance recreation opportunities, or (vi)
preserve historic sites, or (vii) retain
in its natural state tracts of land not
less than five acres situated in an urban
area and open to public use on such
conditions as may be reasonably required
by the legislative body granting the open
space classification.
(2)
"Farm and agricultural land" means
either (a) land in any contiguous ownership of twenty or more acres devoted
primarily to the production of livestock
or agricultural commodities for commercial
purposes; (b) any parcel of land five
acres or more but less than twenty acres
devoted primarily to agricultural uses,
which has produced a gross income from
agricultural uses equivalent to one hundred dollars or more per acre per year for
three of the five calendar years preceding
the date of application for classification
under this chapter; or (c) any parcel of
land of less than five acres devoted
primarily to agricultural uses which has
produced a gross income of one thousand
dollars or more per year for three of the
five calendar years preceding the date of
application for classification under this
chapter. Agricultural lands shall also
include farm woodlots of less than twenty
and more than five acres and the land on
which appurtenances necessary to the production, preparation or sale of the agricultural products exist in conjunction
with the lands producing such products.
Agricultural lands shall also include any
parcel of land of one to five acres, which
is not contiguous, but which otherwise
constitutes an integral part of farming
operations being conducted on land qualifying under this section as "farm and
agricultural lands".
(3)
"Timber land" means land in any
contigu,ous ownership of five or more acres
which is devoted primarily to the growth
and harvest of forest crops and which is
not classified as reforestation land pursuant to chapter 84.28 RCW, or as land
classified for deferred taxation under
chapter 84.32 RCW. Timber land means the
land only.
(4)
"Current" or "currently'' means as
of the date on which property is to be
listed and valued by the county assessor.
(5) "Owner" means the party or parties
having the fee interest in land, except
that where land is subject to real estate
contract "owner" shall mean the contract
vendee.
11 Contiguous 11
(6)
means land adjoining
and touching other property held by the
same ownership. Land divided by a public
road, but otherwise an integral part of a
farming operation, shall be considered
contiguous. [1973 1st ex.s. c 212 § 2;
1970 ex.s. c 87 § 2.]
84.34.030
.H.f1IC,ll.IQ.l§ I!lli ~!I.B.B~!I !!,g
CLASSIFICATION--FORMS--FEE--TIMES FOR MAK-
JHG:--in-owner-o~agrlcultural-land-desir:
ing
current
use classification under
subsection (2) of RCW 84.34.020 shall make
application to the county assessor upon
forms prepared by the state department of
revenue and supplied by the county assessor. An owner of open space or timber land
desiring current use classification under
subsections (1) and (3) of RCW 84.34.020
shall make application to the county legislative authority upon forms prepared by
the state department of revenue and supplied by the county assessor. The application
shall
be
accompanied
by
a
reasonable processing fee if such processing fee is established by the city at
county legislative authority but that such
fee may not exceed thirty dollars for ea<;=h
application: PROVIDED, That if the ap~l~Â
cation is not approved, then the appl1cation fee shall be
returned
to
the
applicant. Said application shall require
[ 748 ]
OPEN SPACE, AGRICULTURAL, AND TIMBER
84.34.037
--------------------------------------------------------------------------------------only such information reasonably necessary
to properly classify an area of land under
*this 1973 amendatory act with a notarized
verification of the truth thereof and
shall include a statement that the applicant is aware of the potential tax liability involved when such land ceases to be
designated as open space, farm and agricultural or timber land. Applications must
be made during the calendar year preceding
that in which such classification is to
begin.
The assessor shall make necessary
information,
including copies of
this
chapter and applicable regulations, readily available to interested parties,
and
shall render reasonable assistance to such
parties upon request. (1973 1st ex.s. c
212 § 3; 1970 ex.s. c 87 § 3.]
_!.Rgvi2~~ .!lQ~.L
"this 1973 amendatory
act" [1973 1st ex.s. c 212] consists of
RCW 84.34.035, 84.34.037, 84.34.065, 84.34.108, 84.34.111, 84.34.121, 84.34.131,
84.34.141, 8q.34.145, 84.34.150, 84.34.155, 84.34.160, and 84.34.921, to the
amendments to RCW 84.34.C10, 84.34.020,
84.34.030, 84.34.050, 84.34.060, 84.34.070
and 84.34.080 by 1973 1st ex.s. c 212, and
to the repeal of RCW 84.34.040, 84.34.110,
84.34.120, 84.34.130 and 84.34.140.
84.34.035
!fR1!£!!1QN~
~,llSSIF!~ATIQJ!::-_!PPRQY!l!
FOR ~g~I USE
Q!i Q~NIA!t~
gE!L DUTIM Ql ASgSSOR UPQJ! ill.BOVAL~
The assessor shall act upon the application for current use classification of
farm and agricultural lands under subsection (2) of RCW 84.34.020, with due regard
to all relevant evidence. The application
shall be deemed to have been approved
unless,
prior to the first day of May of
the year after such application was mailed
or delivered to the assessor, he shall
notify the applicant in writing of the
extent to which the application is denied.
An owner who receives notice that his
application has been denied may appeal
such denial to the county legislative
authority.
Within ten days following approval of the application, the assessor
shall submit notification of such approval
to the county auditor for recording in the
place and manner provided for the public
recording of state tax liens on real
property.
The assessor sh~ll, as to any such land,
make a notation each year on the assessment list and the tax roll of the assessed
value of such land for the use for which
it is classified in addition to the assessed value of such land were it not so
classified.
The assessor shall also file notice of
both such values with the county treasurer,
who shall record such notice in the
place and manner provided for recording
delinquent taxes. [1973 1st ex.s. c 212 §
4.]
1973 RCW SUPP.
[ 749
84.34.037
!Ff1IC!IIQ!2 fOR £QB.B~J!I Y~~
CLASSIFICATION--TO WHOM MADE--FACTORS--REvrii~--Appllcatlons-fOr
der RCW 84.34.020 subsection (1) or (3)
shall be made to the county legislative
authority.
An application made for classification of land under RCW 84.34.020
subsection (1) (b), or (3)
which is in an
area subject to a comprehensive plan shall
be acted upon in the same manner in which
an amendment to the comprehensive plan is
processed.
Application made for classification of land which is in an area not
subject to a comprehensive plan shall be
acted upon after a public hearing and
after notice of the hearing shall have
been given by one publication in a newspaper of general circulation in the area at
least ten days before the hearing:
PROVIDED,
That applications for classification of land in an incorporated area shall
be acted upon by a determining authority
composed of three members of the county
legislative body and three members of the
city legislative body in which the land is
located.
In determining whether an application
made for classification under RCW 84.34.020, subsection (1) (b), or
(3)
should
be approved
or disapproved, the granting
authority may take cognizance of the benefits to the general welfare of preserving
the current use of the property which is
the subject of application, and may consider whether or not preservation of current use of the land will (1) conserve or
enhance natural or scenic resources,
(2)
protect streams or water supplies, (3)
promote conservation of soils, wetlands,
beaches or tidal marshes, (4) enhance the
value of abutting or neighboring parks,
forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces,
(5) enhance recreation opportunities,
(6) preserve historic sites,
(7)
affect
any other factors relevant in weighing
benefits to the general welfare of preserving the current use of the property
against the potential loss in revenue
which may result from granting the application:
PROVIDED, That the granting authority may approve the application with
respect to only part of the land which is
the subject of the application:
PROVIDED
FURTHER, That if any part of the application is denied, the applicant may withdraw
the entire application: AND PROVIDED FURTHER, That the granting authority in approving in part or whole an application
for land classified pursuant to RCW 84.34.020 (1) or
(3)
may also require that
certain conditions be met, including but
not limited to the granting of easements:
AND PROVIDED FURTHER, That the granting or
denial of the application for current use
classification is a legislative determination and shall be reviewable only for
arbitrary and capricious actions. [1973
1st ex.s. c 212 § 5. l
classiiication-un:
l
84.34.040
PROPERTY TAXES
---------------------------------------------------------------------------------------
84.34.050
NOTICE OF APPROVAL OR DISAP-
~!Q!!1==~~Q£]DURE ~B]li
A~PR§!!b
QE!NTE~~
(1)
The granting authority shall immediately notify the county assessor and the
applicant of its approval or disapproval
which shall in no event be more than six
months from the receipt of said application. No land other than farm and agricultural land shall be considered qualified
under this chapter until an application in
regard thereto has been approved by the
appropriate legislative authority.
(2)
When the granting authority finds
that land qualifies under this chapter, it
shall file notice of the same with the
assessor within ten days.
The assessor
shall, as to any such land, make a notation each year on the assessment list and
the tax roll of the assessed value of such
land for the use for which it is classified in addition to the assessed value of
such land were it not so classified.
(3)
Within ten days following receipt
of the notice from the granting authority
that such land qualifies under this chapter, the assessor shall submit such notice
to the county auditor for recording in the
place and manner provided for the public
recording of state tax liens on real
property.
(4)
The assessor shall also file notice
of both such value with the county treasurer, who shall record such notice in the
place and manner provided for recording
delinquent taxes. [1973 1st ex.s. c 212 §
6; 1970 ex.s. c 87 § 5.]
84.34.060
~]TER~]!IlQ!
QI IEll~ !!~
!!1Y] QI CLASS!I!]~ 1A!~==£Q~PU!A!IO!
OF ASSESSED VAbQ]~
In determining the
true-and-fair value of open space land and
timber land, which has been classified as
such under the provisions of this chapter,
the assessor shall consider only the use
to which such property and improvements is
currently applied and shall not consider
potential uses of such property.
The
assessor shall compute the assessed value
of such property by using the same assessment ratio which he applies generally in
computing the assessed value of other
property: PROVIDED, That the assessed valuation of open space land with no current
use shall not be less than that which
would result if it were to be assessed for
agricultural uses. [1973 1st ex.s. c 212
§ 7; 1970 ex.s. c 87 § 6.]
l!lS
84.34.065
~ERMI!ATIQ!
OF TRUE !]]
FAIR VALUE OF PARK AND AGRICULTURAL LAND-COMPUTATION::DEFiiiTION5:---The--true--and
tarr-value-o~;-ana--agricultural land
shall be determined by consideration of
the earning or productive capacity of
comparable lands from crops grown most
typically in the area averaged over not
less than five years, capitalized at indicative rates. The earning or productive
capacity of farm and agricultural lands
shall be the "net cash rental", capitalized at a "rate of interest" charged on
long term loans secured by a mortgage on
farm or agricultural land plus a component
for property taxes.
For the
purposes
of
the
above
computation:
(1)
The term "net cash rental" shall
mean the average rental paid on an annual
basis, in cash or its equivalent, for the
land being appraised and other farm and
agricultural land of similar quality and
similarly situated that is available for
lease for a period of at least three years
to any reliable person without unreasonable restrictions on its use for production of agricultural crops.
There shall
be allowed as a deduction from the rental
received or computed any costs of crop
production charged against the landlord if
the costs are such as are customarily paid
by a landlord. If "net cash rental" data
is not available, the earning or productive capacity of farm and agricultural
lands shall be determined by the cash
value of typical or usual crops grown on
land of similar quality and similarly
situated averaged over not less than five
years. Standard costs of production shall
be allowed as a deduction from the cash
value of the crops.
The current "net cash rental" or "earning capacity 11 shall be determined by the
assessor with the advice of the advisory
committee as provided in RCW 84.34.145,
and through a continuing study within his
office, assisted by studies of the department of revenue.
This net cash rental
figure as it applies to any farm and
agricultural land may be challenged before
the same boards or authorities as would be
the case with regard to assessed values on
general property.
(2)
The term "rate of interest" shall
mean the rate of interest charged by the
farm credit administration and other large
financial institutions regularly making
loans secured by farm and agricultural
lands through mortgages or similar legal
instruments, averaged over the immediate
past five years.
The "rate of interest" shall be determined annually by the revenue department
of the state of Washington, and such
determination shall be published not later
than January 1 of each year for use in
that assessment year. The determination of
the revenue department may be appealed to
the state board of tax appeals by any
owner of farm or agricultural land or the
assessor of any county containing farm and
~qricultural land.
~3)
The "component for property taxes"
::..lall be a percentage equal to the estimated millage rate times the legal assessment ratio. (1973 1st ex.s. c 212 § 10.]
[ 750 ]
OPEN SPACE, AGRICULTURAL, AND TIMBER
84.34.108
--------------------------------------------------------------------------------------84.34.070
WIIHDRA!!1!Jill~
fbASSJ.FICA..:
TION.
When land has once been classified
~er this chapter, it shall remain
under
such classification and shall not be applied to other use for at least ten years
from the date of classification and shall
continue under such classification until
and unless withdrawn from classification
after notice of request for withdrawal
shall be made by the owner. During any
year after eight years of the initial tenyear classification period have elapsed,
notice of request for withdrawal of all or
a portion of the land, which shall be
irrevocable, may be given by the owner to
the county assessor or assessors of the
county or counties in which such land is
situated.
In the event that a portion of
a parcel is removed from classification,
the remaining portion must meet the same
requirements as did the entire parcel when
such land was originally granted classification pursuant to this chapter.
Within
seven
days the county assessor shall
transmit one copy of such notice to the
legislative body which originally approved
the application. The county assessor or
assessors, as the case may be, shall, when
two assessment years have elapsed following the date of receipt of such notice,
withdraw such land from such classification and the land shall be subject to the
additional tax due under RCW 84.34.108:
PROVIDED, That agreement to tax according
to use shall not be considered to be a
contract and can be abrogated at any time
by the legislature in which event no
additional tax or penalty shall be imposed. (1973 1st ex.s. c 212 § 8;
1970
ex. s. c 8 7 § 7. )
84.34.080
CHANGE IN USE.
When land
which has been-ciassified-uDder this chapter as open space land, farm and agricultural land, or timber land is applied to
some other use, except through compliance
with RCW 84.34.070, or except as a result
solely from any one of the conditions
listed in RCW 84.34.108 (5), the owner
shall within sixty days notify the county
assessor of such change in use and additional real property tax shall be imposed
upon such land in an amount equal to the
sum of the following:
(1) The total amount of the additional
tax due under RCW 84.34.108; plus
(2)
A penalty amounting to twenty percent of the amount determined in subsection (1) of this section. (1973 1st ex.s.
c 212 § 9; 1970 ex.s. c 87 § 8.]
84.34.108
REMOV!1 OF QESI2!!IION=:l!£=
TOR§_ ADQITIONA~
!A!==LI~!==Q~!QUEN=
CJES--EX~~~
(1)
When land has once
been classified under *this 1973 amendatory act, a notation of such designation
shall be made each year upon the assessment and tax rolls and such land shall be
valued pursuant to RCW 84.34.060 or 84.34.065 until removal of all or a portion of
1973 RCW SUPP.
[ 751
such designation by the assessor upon
occurrence of any of the following:
(a)
Receipt of notice from the owner to
remove
all
or
a
portion
of such
designation;
(b)
Passage of sixty days following the
sale or transfer of all or a portion of
such land to a new owner without receipt
of a notice of compliance from the new
owner.
Notice of compliance forms shall
be prepared by the state department of
revenue and supplied by the county assessor. Said notice shall contain a statement that the uew owner is aware of the
use classification of the land and of the
potential tax liability involved when such
land ceases to be designated as open
space, farm and agricultural or timber
land;
(c)
Sale or transfer to an ownership
making all or a portion of such land
exempt from ad valorem taxation;
(d)
Determination by
the
assessor,
after giving the owner written notice and
an opportunity to be heard, that all or a
portion of such land is no longer primarily devoted to and used for the purposes
under which it was granted classification.
(2)
Within thirty days after such removal of all or a portion of such land
from current use classification, the assessor shall notify the owner in writing,
setting forth the reasons for such removal.
The owner may appeal such removal to
the county board of equalization.
(3)
Unless the removal is reversed on
appeal, the assessor shall revalue the
affected land with reference to full market value on the date of removal from
classification.
Both the assessed valuation before and after the removal of
classification shall be listed and taxes
shall be allocated according to that part
of the year to which each assessed valuation applies. Except as provided in subsection {5) of this section, an additional
tax shall be imposed which shall be due
and payable to the county treasurer on or
before April 30 of the following year.
The assessor shall compute the amount of
such an additional tax and the treasurer
shall mail notice to the owner of the
amount thereof and the date on which
payment is due. The amount of such additional tax shall be equal to:
{a)
The difference between the property
tax paid as "open space land", "farm and
agricultural land", or "timber land" and
the amount of property tax otherwise due
and payable for the seven years last past
had the land not been so classified; plus
(b)
Interest upon the amounts of such
additional tax paid at the same statutory
rate charged on delinquent property taxes
from the dates on which such additional
tax could have been paid without penalty
if the land had been assessed at a value
without regard to this chapter.
(4)
Any additional tax unpaid on its
due date shall thereupon become delinquent
and together with applicable
interest
thereon, shall as of said date become a
]
8~.34.108
PROPERTY TAXES
--------------------------------------------------------------------------------------lien on such land which shall have priority to and shall be fully paid and satisfied before any recognizance,
mortgage,
judgment, debt, obligation or responsibility to or with which such land may become
charged or liable.
such lien may be
forecloded upon expiration of the same
period after delinquency and in the same
manner provided by law for foreclosure of
liens for delinquent real property taxes
as provided in RCW 84.64.050 now or as
hereafter amended. From the date of delinquency until paid, interest shall
be
charged at the same rate applied by law to
delinquent ad valorem property taxes.
(5)
The additional tax specified in
subsection (3) of this section shall not
be imposed if the removal of designation
pursuant to subsection (1) of this section
resulted solely from:
(a)
Transfer to a government entity in
exchange for other land located within the
state of washington;
(b)
A taking through the exercise of
the power of eminent domain, or sale or
transfer to an entity having the power of
eminent domain in anticipation of the
exercise of such power;
(c)
Sale or transfer of land within two
years after the death of the owner of at
least a fifty percent interest in such
land.
(d)
A natural disaster such as a flood,
windstorm, earthquake, or other such calamity rather than by virtue of the act of
the landowner changing the use of such
property.
{e) Official action by an agency of the
state of washington or by the county or
city within ~hich the land is located
which disallows the present use of such
land.
(f)
Transfer to a church and such land
would qualify for property tax exemption
pursuant to RCW 84.36.020.
(1973 1st
ex.s. c 212 § 12.]
84.34.120
~RQE!2
RE2Q!!U!Y~
[ 1970
ex.s. c 87 § 12. J Repealed by 1973 1st
ex.s. c 212 § 21.
84.34.121
INFO.B11ll!QI REQUIU~
The
assessor may require owners of land classified under this chapter to submit pertinent data regarding the use of the land,
productivity of typical crops, and such
similar information pertinent to continued
classification and appraisal of the land.
[1973 1st ex.s. c 212 § 14.]
84.34.130
!!1QATIQ! Q! TI~B~li NOT AF[1970 ex.s. c 87 § 13.] Repealed
by 1973 1st ex.s. c 212 § 21.
~~!~~
84.34.131
!!12!!12! OF !l~~B IQI !!=
Nothing in *this 1973 amendatory
act shall be construed as in any manner
affecting the method for valuation of
timber standing on timber land which has
been classified under the provisions of
*this 1973 amendatory act.
[1973 1st
ex.s. c 212 § 16.]
FE~I~Ih
!B§!i.§:gJ;:~§ !!Q!g.;
"this 1973 amendatory
act", see note following RCW 84.34.030.
84.34.140
RULES
AND
~2~1!IIO!a~
(1970 ex.s. c 87~-14. ]-~epealed by 1973
1st ex.s. c 212 § 21.
84.34.141
RQLE~ !!~ R~GUb!I!Q!~
The
department of revenue of the state of
washington shall make such rules and regulations consistent with the provisions of
*this 1973 amendatory act as shall be
necessary or desirable to permit its ef·
fective administration. [1973 1st ex.s. c
212§17.]
*Reviser's note:
!Egvisg£~2.
!!Qte.;
"this 1973 amendatory
act", see note following RCW 84.34.030.
84.34.110
REMEDIES AVAILABLE TO OWNER
1IA~1] !Q] ADDITIONA1-!AX~--f197o
87 § 11.]
Repealed by 1973 1st ex.s. c
212 § 21.
ex.S:--c
84.34.111
1IA~1]
E]~EDI~~
!Q] jDD!TIQ!Ab
AY!Ib!~1~ !Q Q!NER
!!!~
The owner of
any land as to which additional tax is
imposed as provided in *this 1973 amendatory act shall have with respect to valuation of the land and imposition of the
additional tax all remedies provided by
Title 84 RCi. (1973 1st ex.s. c 212 §
13. 1
"this 1973
amendatory
act;;-;ee-note~ollowing RCW 84.3~.030.
84.34.145
ADVISORY
COMMITTEE.
The
county legislative-authority-shall-appoint
a five member committee representing the
active farming community within the county
to serve in an advisory capacity to the
county assessor in implementing assessment
guidelines as established by the department of revenue for the assessment of open
space, f.arms and agricultural lands, and
timber lands classified pursuant to *this
1973 amendatory act.
[1973 1st ex.s. c
212§11.]
*Reviser's note: "this 1973 amendatory
actn-,-seenotefollowing RCW 8~.34.()30.
!Revisg~§. !!QE.;
"this 1973 amendatory
act", see note following RCW 84.34.030.
[ 752 J
EXEMPTIONS
84.36.020
--------------------------------------------------------------------------------------chapter 84.34 RCW prior to July 16,
1973
which meets the definition of farm and
agricultural lan~ under the provisions of
*this 1973 amendatory act, upon request
for such change made by the owner to the
county assessor, shall be reclassified by
the county assessor under the provisions
of *this 1973 amendatory act. This change
in classification shall be made without
additional tax, penalty, or other require~
ments: PROVIDED, That subsequent to such
reclassification, the land shall be fully
subject to the provisions of chapter 84.34
RCi, as now or hereafter amended. [1973
1st ex. s • c 2 1 2 § 1 5. ]
~~~vi~H~C§ .!1Qj&:.
"this 1973 amendatory
act", see note following RCW 84.34.030.
84.34.155
REC1!SS!EIC!!IQ!
Q!
1!!Q
CLASSIFIED AS TIMBER LAND WHICH MEETS
QEFI!ITIQj Ql-£:0RI;~1: -1ANQ-!ll{g~!!--CHAPTER
84.33 RCW.
Land classified under--the
provisions-of chapter 84.34 RCW as timber
land which meets the definition of forest
land under the provisions of chapter 84.33
RCW, upon request for such change made by
the owner to the county assessor, shall be
reclassified by the county assessor under
the provisions of chapter 84.33 RCW. This
change in classification shall be made
without additional tax, penalty, or other
requirements set forth in chapter 84.34
RCW: PROVIDED, That subsequent to such
reclassification, the land shall be fully
subject to the provisions of chapter 84.33
RCW, as now or hereafter amended, (1973
1st ex. s. c 2 12 § 19. ]
levy shall be in addition to that authorized by RCW 84.52.042. (1973 1st ex.s. c
195 § 145; 1971 ex.s. c 243 § 4.]
84.31.!.230
!£.QYlliT!Q.H Q! QR~N .§.PA£~L
~!£~L 1!NQ QR ~l2fiTS TO !!!!!!]~ ~~!]1QR~~!I
~! f.QQNTl.~.§.L £!Til§ Q,E f1ET.RQRQ1l!!N ~Y!Uf=
!RA1 £Q!iRQEAilQ.HS-=£.EQR~RT! !A! ~~!! AY=
IMQ.El.~]Q~
1A]]N~EN! EFl]~l!] J!B!!!.E!
1L
121~~1
For the purpose of acquiring conservation futures as well as other rights
and interests in real property pursuant to
RCW 84.34.210 and 84.34.220, a county may
levy an amount not to exceed six and onequarter cents per thousand dollars of
assessed valuation against the assessed
valuation of all taxable property within
the county, which levy shall be in addi~
tion to that authorized by RCW 84.52.050
and 84.52.043. (1973 1st ex.s. c 195 §
94; 1971 ex.s. c 243 § 4.]
84.34.921
SEVERABILITY--1973 1ST EX.S.
il£~
I f anyprovisiOil of this 1973
amendatory 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. [1973 1st
ex.s. c 212 § 20.]
£
84.34.160
INFOR~!!!QH ON
£Y!!RE!! !!§]
£LASSIFI£!!IQ!==RY~1I£!IIQN !!Q Q!SS~!I!!~
Chapter 84.36
EXEMPTIONS
IIQ!~
The department of revenue and each
local assessor is hereby directed to publicize the qualifications and manner of
making applications for current use classification. Whenever possible notice of
the qualifications, method of making applications, and availability of further
information on current use classification
shall be included with the second half
property tax statements for 1973, and
thereafter, shall be included with every
notice of change in valuation of unplatted
lands. (1973 1st e~.s. c 212 § 18.]
84.34.230
ACQUISI!IQH OF
QPEN
§PACEL
ll£~ 1!NQ QR RIGHT.§. TO !J!lli!i QJa.I;1QPMEN!
~! £QUNTI!;h CITIES Q!i MEIROPQ1IIM! ~UNIC~
lR!1 £~PORA'FION§--PBQMRTY ll! 1&!! AU~
!HORIZED~
1!i£:£:ECTI!~
~!Q!!i!
197~1
Q!!!1
1L
For the purpose of acquiring conservation futures as well as other rights
and interests in real property pursuant to
RCW 84.34.210 and 84.34.220, a county may
levy an amount not to exceed one-eighth of
one mill on the assessed valuation of all
taxable property within the county, which
1973 RCW SUPP.
Cross Reference:
Property leased to organization for agricultural fair exempt from property taxation: RCW 15.76.165.
84.36.020
CEMETERII;.§.L £HURCHESL
llQ GROU@h
The
property shall be exempt
SO.HAG!;~ £2H!~NT.§.
PARfolfrom
lowing
taxation:
All lands, and buildings required for
necessary administration and maintenance,
used, or to the extent used, exclusively
for public burying grounds or cemeteries
without discrimination as to race, color,
national origin or ancestry;
All churches and the ground, not exceeding five acres in area, upon which a
church of any nonprofit recognized religious denomination is or shall be built,
together with a parsonage and convent.
The area exempted shall in any case include all ground covered by the church,
parsonage and convent and the structures
and ground necessary for street access,
parking, light, and ventilation, but the
area of unoccupied ground exempted in such
[ 753 J
84.36.020
PROPERTY TAXES
--------------------------------------------------------------------------------------cases, in connection with church, parsonage, and convent, shall not exceed the
equivalent of one hundred twenty by one
hundred twenty feet except where additional unoccupied land may be required to
conform with state or local codes, zoning,
or licensing requirements. The parsonage
and convent need not be on land contiguous
to the church property. To be exempt the
property must be wholly used for church
purposes:
PROVIDED, That the loan or
rental of property otherwise exempt under
this paragraph to a nonprofit organization,
association, or corporation, or
school for use for an eleemosynary activity shall not nullify the exemption provided in this paragraph if the rental income,
if any, is reasonable and is devoted
solely to the operation and maintenance of
the property.
(1973 2nd ex.s. c 1.!0 § 1;
1971 ex.s. c 64 § 3; 1961 c 103 § 3; 1961
c 15 § 84.36.020. Prior: 1955 c 196 § 4;
prior: 1939 c 206 § a, part; 1933 ex.s. c
19 § 1, part; 1933 c 115 § 1, part; 1929 c
126 § 1, part; 1925 ex.s. c 130 § 7, part;
1915 c 131 § 1, part; 1903 c 178 § 1,
part; 1901 c 176 § 1, part; 1899 c 141 §
2, part; 1897 c 71 §§ 1, 5, part; H395 c
176 § 2, part; 1893 c 124 §§ 1, 5, part;
1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1,
5, part; 1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4, part; 1869 p
176 § 4, part; 1867 p 61 § 2, part; 1854 p
331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.)
84.36.030
PROPERTY
USED FOR CHARACTER
OR -REHA=
~Yl1Q1H2L ~~!EVOLENT,-PRO!ECIIY]
llflll=
~IL.ITATI!~
~OCJ.!b
~~RVICES-=:f!.ti,E
!llS-VET~ill QB RELI!f QRGA!IZ!IIQ! Q!!~~
gROfER!Y
!fl~£!~
The following
RE!!!!tL
real and personal property shall be exempt
from taxation:
Property owned by nonprofit, nonsectarian organizations or associations, organized and conducted
for
nonsectarian
purposes, which shall be solely used, or
to the extent used, for character-building, benevolent, protective or rehabilitative social services directed at persons
of all ages;
Property owned by any nonprofit church,
denomination, group of churches, or an
organization or association, the membership of which is comprised solely of
churches or their qualified representatives, which is utilized as a camp facility if exclusively and;or jointly used for
organized and supervised recreational activities and church purposes as related to
such camp facilities. The rental of property otherwise exempt under this paragraph
to another nonprofit church or a nonsectarian organization or association, nonprofit school or college exempt under this
chapter for the use by the lessee for the
purposes set forth in this paragraph shall
not nullify the exemption provided for in
this paragraph if the rental income is
devoted solely to the operation and maintenance of the property. The exemption
provided by this paragraph shall apply to
a maximum of two hundred acres of any such
camp as selected by the church, including
buildings and other improvements thereon.
Property, including buildings and im·
provements required for the maintenance
and safeguarding of such property, owned
by nonprofit organizations or associations
engaged in character building of boys and
girls under eighteen years of age, and
solely used, or to the extent used, for
such purposes and uses, provided such
purposes and uses are for the general
public good: PROVIDED, That if existing
charters provide that organizations or
associations, which would otherwise qualify under the provisions of this paragraph,
serve boys and girls up to the age of
twenty-one years, then such organizations
or associations shall be deemed qualified
pursuant to this section. The rental of
property otherwise exempt under this paragraph to another nonprofit organization or
association engaged in character building
of boys and girls under eighteen years of
age or to a nonprofit church organization,
a nonsectarian organization or association, or school or college exempt under
this chapter, or to a public school for
the use by the lessee for the purposes set
forth in this paragraph shall not nullify
the exemption provided for in this para·
graph if the rental income is devoted
solely to the operation and maintenance of
the property;
Property owned by all organizations and
societies of veterans of any war of the
United States, recognized as such by the
department of defense, which shall have
national charters, and which shall have
for their general purposes and objects the
preservation of the memories and associations incident to their war service and
the consecration of the efforts of their
members to mutual helpfulness and to patriotic and community service to state and
nation. To be exempt such property must
be primarily used in such manner as may be
reasonably necessary to carry out the
purposes and objects of such societies;
Property owned by all corporations, incorporated under any act of congress,
whose principal purposes are to furnish
volunteer aid to members of the armed
forces of the United States and also to
carry on a system of national and international relief and to apply the same in
mitigating the sufferings caused by pestilence, famine, fire, floods, and other
national calamities and to devise and
carry on measures for preventing ~he same.
(1973 2nd ex.s. c 40 § 2. Prior: 1971
ex.s. c 292 § 70; 1971 ex.s. c 64 § 1;
1969 c 137 § 1; 1961 c 15 § 84.36.030;
prior: 1955 c 196 § 5; prior: (i) 1939 c
206 § 8, part; 1933 ex.s. c 19 § 1, part;
19 3 3 c 115 § 1 , part; 1 92 9 c 12 6 § 1 ,
part; 1925 ex.s. c 130 § 7, part; 1915 c
131 § 1, part; 1903 c 178 § 1, part; 1901
c 176 § 1, part; 1899 c 141 § 2, part;
1897 c 71 §§ 1, 5, part; 1895 c 176 § 2,
part; 1893 c 124 §§ 1, 5, part; 1891 c 140
[ 754 ]
EXEMPTIONS
84.36.120
--------------------------------------------------------------------------------------§§ 1, 5, part; 1890 p 532 §§ 1,
5, part;
1886 p 47 § 1, part; Code 1881 § 2829,
part; 1871 p 37 § 4, part: 1869 p 176 § 4,
part; 1867 p 61 § 2, part: 1854 p 331 § 2,
part; RRS § 11111, part.
(ii) 1945 c
109
§ 1; Rem. Supp. 1945 § 11111a.]
84.36.040
~!]]
£t!TER~L
1I~RAB!]~L
QRfH!!!GE~L
~!1
!YB~l!~
fiOME~L flOSRITA1~~
The real and personal property to the
extent used by nonprofit (1)
day care
centers as defined pursuant to RCW 74.15.020 as now or hereafter amended; (2) free
public libraries; (3) orphanages and orphan asylums; (4) homes for the aged; (5)
homes for the sick or infirm;
and,
(6)
hospitals for the sick, which are exclusively used for the purposes of such
organizations shall be exempt from taxation: PROVIDED, That the benefit of the
exemption inures to the user.
(1973 2nd
ex.s. c 40 § 3; 1973 1st ex.s. c 154 §
119; 1969 ex.s. c 245 § 1; 1961 c 15 §
84.36.040. Prior: 1955 c 196 § 6; prior:
1939 c 206 § 8, part; 1933 ex.s. c 19 § 1,
part; 1933 c 115 § 1, part; 1929 c 126 §
1, part; 1925 ex.s. c 130 § 7, part; 1915
c 131 § 1, part; 1903 c 178 §
1, part;
1901 c 176 § 1, part; 1899 c 141 § 2,
part; 1897 c 71 §§ 1, 5, part; 1895 c
176
§ 2, part; 1893 c 124 §§ 1, 5, part; 1891
c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5,
part;
1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4, part;
1869 p
176 § 4, part; 1867 p 61 § 2, part; 1854 p
331 § 2, part; RRS § 11111, part.]
84.36.050
SCHOOLS AND £Q1LEGE~~ The
following property Shalr--be exempt from
taxation:
Property owned or used for any nonprofit
school or college in this state solely for
educational purposes or the revenue therefrom be devoted exclusively to the support
and maintenance of such institution.
Real
property so exempt shall not exceed four
hundred acres in extent and shall be used
exclusively for college or campus purposes
including but not limited to, buildings
and grounds designed for the educational,
athletic, or social programs of said institution, the housing of students, the
housing of religious faculty, the housing
of
the
chief administrator, athletic
buildings and all other school or college
facilities,
the need for which would be
nonexistent but for the presence of such
school or college and which are principally designed to further the educational
functions of such college or schools.
Real property owned or controlled by
such institution or leased or rented by it
for the purpose of deriving revenue therefrom shall not be exempt from taxation
under this section. [1973 2nd ex.s. c 40
§ 4;
1971 ex.s. c 206 § 2; 1970 ex.s. c
55 § 1; 1961 c 15 § 84.36.050.
Prior:
1955 c
196 § 7; prior:
1939 c 206 § 8,
part; 1933 ex.s. c 19 § 1, part;
1933 c
115 § 1, part; 1929 c 126 § 1, part; 1925
1973 RCW SUPP.
ex.s. c 130 § 7, part; 1915 c 131 § 1,
part;
1903 c 178 § 1, part; 1901 c 176 §
1, part; 1899 c 141 § 2, part; 1897 c 71
§§ 1, 5, part; 1895 c 176 § 2, part; 1893
c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5,
part;
1890 p 532 §§ 1, 5, part; 1886 p 47
§ 1, part; Code 1881 § 2829, part; 1871 p
37 § 4, part; 1869 p 176 § 4, part; 1867 p
61 § 2, part; 1854 p 331 § 2, part; RRS §
11111, part.
Formerly RCW 84.40.010.]
84.36.060
ARIL ~CI~!TI!I£ !!Q fiiS!QRI=
CA1 C011K!IQ.t!~ !.t!Q PROPERTY .\!SE)l !Q lli!i.=
I!I!L
]!£~
~ucg
£QLL~!!Q!~L
fig~
COltf!!I~~
li!!lt!NE ~OCIE!.IES~ The following property
shall
be
exempt
from
taxation:
All art, scientific, or historical collections of associations maintaining and
exhibiting such collections for the benefit of the general public and not for
profit, together with all real and personal property of such associations used
exclusively for the safekeeping, maintaining and exhibiting of such collections:
PROVIDED, That to qualify for this exemption an organization must be organized and
operated exclusively for artistic,
scientific, historical, literary or educational
purposes and receive a substantial part of
its support (exclusive of income received
in the exercise or performance by such
organization of its purpose or function)
from the United States or any state or any
political subdivision thereof or from direct or indirect contributions from the
general public;
All fire engines and other implements
used for the extinguishment of fire, with
the buildings used exclusively for the
safekeeping thereof, and for meetings of
fire companies, provided such properties
belong to any city or town or to a fire
company therein;
Property owned by humane societies in
this state in actual use by such societies. [ 1973 2nd ex.s. c 40 § 5; 1961 c 15
§ 84.36.060.
Prior:
1955 c 196 § 8;
prior:
1939 c 206 § 8, part; 1933 ex.s. c
19 § 1, part; 1933 c 115 § 1, part; 1929 c
126 § 1, part; 1925 ex.s. c 130 § 7, part;
1915 c 131 § 1, part; 1903 c 178 § 1,
part;
1901 c 176 § 1, part; 1899 c 141 §
2, part; 1897 c 71 §§ 1, 5, part;
1895 c
176 § 2, part; 1893 c 124 §§ 1, 5, part;
1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1,
5, part; 1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4,
part;
1869 p
176 § 4, part; 1867 p 61 § 2, part; 1854 p
331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.)
GOQQ~ ANQ REB~Q!!1
For the purposes of
RCW 84.36.110 "head of a family" shall be
construed to include a surviving spouse
not remarried, any person receiving an old
age pension under the laws of this state
and any citizen of the United States, over
the age of sixty-five years,
who has
84.36.120
HQUSEHQ1Q
Ef.U£I~~fiHII.IQNS~
[ 755 )
84.36.120
PROPERTY TAXES
--------------------------------------------------------------------------------------resided in the state of Washington continuously for ten years.
"Personal effects" shall be construed to
mean and include such tangible property as
usually and ordinarily attends the person
such as wearing apparel, jewelry, toilet
articles and the like.
"Private motor vehicle" shall be construed to mean and include all motor
vehicles used for the convenience or pleasure of the owner and carrying a licensing
classification other than motor vehicle
for hire, auto stage, auto stage trailer,
motor
truck,
motor truck trailer or
dealers' licenses.
"Mobile home" shall be construed to mean
and include all trailers of the type
designed as facilities for human habitation and which are capable of being moved
upon the public streets and highways and
which are more than thirty-five feet in
length or more than eight feet in width.
[1973 1st ex.s. c 154 § 120; 1971 ex.s. c
299 § 72; 1961 c 15 § 84.36.120. Prior:
1935 c 27 § 2; RRS § 11111-8.)
~gyeranilitY==1221 1st g~~ £ ~~
note following RCW 2.12.030.
see
84.36.260
RliQR~liii Q~ED ~Qli
CON~~!A=
TION OF ECOLOGICAL ~l~I~~~ OR N!!YB!1
BESQQRC~~L-~fiENIIEI£ g~~EAR£fl~ All real
property or leaseholds thereof used exclusively for the conservation of ecological
systems or natural resources, owned in fee
or by contract purchase by any nonprofit
corporation or association the primary
purpose of which is the conducting or
facilitating of scientific research or the
conserving of natural resources for the
general public, shall be exemp c from ad
valorem taxation if either of the following conditions are met:
{1)
Such property shall be used and
effectively dedicated primarily for the
purpose of providing scientific research
or educational opportunities for the general public or the preservation of native
plants or animals, or biotic communities,
or works of ancient man or geological or
geographical formations, of distinct scientific and educational interest, and not
for the pecuniary benefit of any person or
company, as defined in RCW 82.04.030; and
shall be open to the general public for
educational and scientific research purposes subject to reasonable restrictions
designed for its protection; or
(2)
Such property shall be subject to
an option, accepted in writing by the
state, a city or a county, or department
of the United States government, for the
purchase thereof by the state, a city or a
county, or the United States, at a price
not exceeding the lesser of the following
amounts:
(a)
the sum of the original
purchase cost to such nonprofit corporation or association plus interest from the
date of acquisition by such corporation or
association at the rate of six percent per
annum compounded annually to the date of
the exercise of the option; or (b) the
appraised value of the property at the
time of the granting of the option, as
determined by the department of revenue or
when the option is held by the United
states, or by an appropriate agency thereof.
(1973 c 112 § 1; 1967 ex.s. c 149 §
43.]
84.36.262
CESSATIO! Qf Q~~ 2!!ING SI~~
TO ~l]MPTIQN~ Upon cessation of the use
which has given rise to an exemption
hereunder, the county treasurer shall collect all taxes which would have been paid
had the property not been exempt during
the ten years preceding, or the life of
such exemption if such be less, together
with interest at the same rate and computed in the same way as that upon delinquent
property taxes. [1973 c 112 § 2.]
APPLIC!IIQ! ~OR
~!~MPT!Q!
owners of property
desiring tax exempt status pursuant to the
provisions of RCW 84. 36.260, as now or
hereafter amended, shall make an application therefor with the assessor of the
county wherein such property is located.
Prior to approval the assessor shall forward a copy of the initial application to
the department of revenue and a copy of
the option if such property qualifies
pursuant to RCW 84.36.260 (2), as now or
hereafter amended.
Such option
shall
clearly state the purchase price pursuant
to the option or the appraisal value as
determined by the department of revenue.
[1973 c 112 § 3.]
84.36.264
UNQ!li gcw
84.36. 270
~~~~26~
li~Al
ll~!tHifl Al!!
j}QDY fQE §._IAD!!!!l
.fBQRlli!
2!£~ _MDI£!!~Q !Q gUBll£
FAfibiTIES~
Subject to
the terms and
conditions set £orth in RCW 84.36.280,
whenever the owne~ of any real property
dedicates the perpetual right to use the
air space over his property to any county,
city or other political subdivision of
this state for the construction, operation
and maintenance of stadium facilities, or
for any parking facilities to be used in
connection therewith, pursuant to the provisions of chapter 67.28 RCW, such property shall be exempt from general property
taxation to such extent and as to such
dollar rate as shall be determined by the
county, city or other political subdivision, and subject to being used by a
public body for a public purpose and only
so long as the owner allows the use by the
public body of the dedicated air rights
free of rents or other charges. (1973 1st
ex.s. c 195 § 95; 1967 ex.s. c 117 § 1.]
[ 756 ]
EXEMPTIONS
84.36.370
--------------------------------------------------------------------------------------84.36.300
GOODS~
~Q~~~
OF
~~Rf]AN]l~~~
!!R~~ Q~ ~!!~~!!1--AIR~R!Il ~!RI~~
ETC:-_!~~! ~1tGI]1~ IQR ~J~H~IIQ!~
There
be exempt from taxation a portion of
each separately assessed stock of merchandise, as that word is defined in this
section, owned or held by any taxpayer on
the first day of January of any year
computed by first multiplying the total
amount of that stock of such merchandise,
as determined in accordance with RCW 84,40.020, by a percentage determined by
dividing the amount of such merchandise
brought into this state by the taxpayer
during the preceding year for that stock
by the total additions to that stock by
the taxpayer during that year, and then
multiplying the result of the latter computation by a percentage determined by
dividing the total out-of-state shipments
of such merchandise by the taxpayer during
the preceding year from that stock (and
regardless of whether or not any such
shipments involved a sale of, or a transfer of title to, the merchandise within
this state) by the total shipments of such
merchandise by the taxpayer during the
preceding ye~r from that stock. As used
in this section, the word "merchandise"
means goods, wares, merchandise or material which were not manufactured in this
state by the taxpayer and which were
acquired by him
(in any other manner
whatsoever, including manufacture by him
outside of this state} for the purpose of
sale or shipment in substantially the same
form in which they were acquired by him
within this state or were brought into
this state by him. Breaking of packages
or of bulk shipments, packaging, repackaging, labeling or relabeling shall not be
considered as a change in form within the
meaning of this section. A taxpayer who
has made no shipments of merchandise,
either out-of-state or in-state, during
the preceding year, may compute the percentage to be applied to the stock of
merchandise on the basis of his experience
from March 1 of the preceding year to the
last day of February of the current year,
in lieu of computing the percentage on the
basis of his experience during the preceding year. The rule of strict construction
shall not apply to this section.
All rights, title or interest in or to
any aircraft parts, equipment, furnishings, or accessorfes (but not engines or
major structural components)
which are
manufactured outside of the state
of
Washington and are owned by purchasers of
the aircraft constructed, under construction or to be constructed in the state of
washington, and are shipped into the state
of Washington for installation in or use
in connection with the operation of such
aircraft shall be exempt from taxation
prior to and during construction of such
aircraft and while held in this state for
periods preliminary to and during the
transportation of such aircraft from the
state of Washington. [1973 c
149 § 2;
1 96 9 ex. s • c 12 4 § 1 • ]
shall
1973 RCW SUPP.
k~GI~b!ll.Y~ liNDI!Q !!Q Q~~=
The legislature hereby finds
and declares that to promote the policy of
a free and uninhibited flow of commerce as
established by federal constitutional and
legislative dictate, it is desirable to
exempt from property taxation, according
to the provisions of RCW 84.36.300, certain parts and equipment coming into the
state of Washington to be placed in vehicles which are then transferred to the
possession of out-of-state owners. The
legislature further recognizes that the
temporary existence of these parts and
equipment within the state justifies a tax
exempt status which serves to encourage
the manufacture and assemblage of vehicles
within the state thereby promoting increased economic activity and jobs for our
residents. ( 197 3 c 149 § 1.]
84.36.301
k!R!!IQH~
84.36.370
R.~RCE!TAQI
~2Y~!R
RE~NC~~==EXEMPTIQ!
fRQ~
Q;E !~ Q!rn !Q EXCESS !&Yll~L
PRQ~~~!!
!!! t[!IES==QYAL!r!f!=
A person shall be exempt
from any legal obligation to pay a percentage of the amount of real property
taxes due and payable in 1972 and subsequent years as the result of the levy of
additional taxes in excess of regular
property tax levies as that term is defined in RCW 84.04.140, as now or hereafter amended, and/or from such regular
property tax levies in accordance with the
following conditions:
(1)
The property taxes must have been
imposed upon a residence which has been
regularly occupied by the person claiming
the exemption during the two calendar
years preceding the year in which the
exemption claim is filed; or the property
taxes must have been imposed upon a residence which was occupied by the person
claiming the exemption as a principal
place of residence as of January 1st of
the year for which the claim is filed and
the person claiming the exemption must
also have been a resident of the state of
Washington for the last three calend~r
years preceding the year in which the
claim is filed.
(2)
The person claiming the exemption
must have owned, at the time of filing, in
fee, or by contract purchase, the residence on which the property taxes have
been imposed, For purposes of this subsection, a residence owned by a marital
community shall be deemed to be owned by
each spouse.
(3)
The person claiming the exemption
must have been sixty-two years of age or
older on January 1st of the year in which
the exemption claim is filed, or must have
been, at the time of filing, retired from
regular gainful employment by reason of
physical disability, except for the purposes of chapters 84.56 and 84.60 RCW, the
term real property shall also include a
mobile home which has substantially lost
its identity as a mobile unit by virtue of
its being fixed in location upon land
TIQ!~=-S~HEDU~~
[ 757 ]
84.36.370
PROPERTY TAXES
-----------------------------------------------------------------owned or leased by the owner of the mobile
home and placed on a foundation (posts or
blocks} with fixed pipe connections with
sewer, water or other utilities.
(4) The amount that the person shall be
exempt from an obligation to pay shall be
calculated, on the basis of the combined
income, from all sources whatsoever, of
the person claiming the exemption and his
or her spouse for the preceding calendar
year, in accordance with the following
schedule:
Income
Range
$4,000 or less
$4,001 - $6,000
Percentage of Excess
Levies Exemption
One hundred percent
Fifty percent
PROVIDED, HOWEVER, That, solely with respect to a person within the income range
of $4,000 or less, in the event that taxes
due and payable include no excess levies
or include excess levies less than $50.00,
the amount of the exemption shall be
$50.00 and the difference shall be attributed pro rata to regular property tax
levies of each of the taxing districts:
AND PROVIDED FURTHER, That only two-thirds
of any social security benefits, federal
civil service retirement, or railroad retirement pension shall be considered as
income for the purposes of this section.
[ 1973 1st ex.s. c 98 § 1; 1972 ex.s. c 126
§ 1; 1971 ex.s. c 288 § 4.]
~11~£11~~ £A!~
£
.2~
£Qn21I~£1i2n==1211
121
"This 1973 amendatory act
shall be effective January 1, 1974: PROVIDED, That the exemption provisions of
RCW 84.36.370 as last amended by section
1, chapter 126, Laws of
1972 ex. sess.
shall
remain applicable for the year
1973. 11 (1973 1st ex.s. c 98 § 2.]
_g.!.:_§.!.
84.36. 450
LEASEHOLD ESTATES ~XEMPIIQ!~
The following--prQp~rty--shall be exempt
from taxation~
(1)
All leasehold estates in property
owned in fee or held ~n trust by the
government of the United States, or of the
state of Washington or any political subdivision thereof, negotiated prior to July
1, 1970, which have not been renegotiated,
extended, or renewed since July 1, 1970,
and which have a contract rent equal to at
least ninety percent of economic rent:
PROVIDED, That this exemption shall not
apply to leasehold estates in operating
properties vested in any company which is
assessed and taxed as a public utility
pursuant to chapter 84.12 RCW.
(2)
All leasehold estates which have a
total economic rent of less than one
hundred dollars per year.
(3)
All leasehold estates in facilities
owned or used by a school, college, or
university which leaseholds provide housing for students and which are otherwise
exempt from taxation under the provisions
of RCW 84.36.010 and 84.36.050.
(4)
All leasehold estates of subsidized
housing where the fee ownership of such
property is vested in the government of
the
United
States
or the state of
Washington or any political subdivision
thereof and where an income qualification
exists for such housing.
(5)
All leasehold estates used for fair
purposes of a nonprofit fair association
that sponsors or conducts a fair or fairs
which receive support from revenues collected pursuant to RCW 67.16.100 and allocated by the director of the department of
agriculture where the fee ownership of
such property is vested in the government
of the United States or the state of
washington or any political subdivision
thereof:
PROVIDED, That this exemption
shall not apply to the leasehold estate of
any
sublessee of such nonprofit fair
association.
(6)
All leasehold estates of state forest lands as defined in chapter 76.12 RCW.
(7)
All
leasehold estates in state
property used as a residence by state
employees who are required as a condition
of employment to live at a state facility
or station.
(8)
All leasehold estates on any real
property of any Indian or Indian tribe,
band, or community that is held in trust
by the United States or is subject to a
restriction against alienation imposed by
the United States.
(9)
All leasehold estates held by enrolled Indians of lands owned or held by
any Indian or Indian tribe where the fee
ownership of such property is vested in or
held in trust by the United States and
which are not subleased to other than to a
lessee which would qualify pursuant to
*this 1973 amendatory act.
(1973 1st
ex.s. c 187 § 11.]
*Reviser's note:
»this 1973 amendatory
actn;-&ee-iote fOllowing RCW 82.29.020.
84. 36. 455
!!~ASEHQ1Q ~TA.:rn.§ !!iQ ];QY£1:
TIONAL FACILITIES EXEMPTION--EFFECTIVE I!
THE-~viNT--1iiSiHoLn-1i~!iu-iicisi-1Ax~~
fi~1Q INVALIQ:--r~the provisions-of- *this
1973 amendatory act relative to leasehold
in lieu excise taxes are held invalid, the
following property shall be exempt from ad
valorem taxation:
{1)
All leasehold estates in property
of the state of Washington or any politi·
cal subdivision thereof, negotiated prior
to July 1, 1970, which have not ~een
renegotiated, extended or renewed s~nce
July 1, 1970, and which have a contract
rent egual to at least ninety percent of
economic rent, and where the lessor has
been authorized to make in lieu payments
to political subdivisions other than that
of the lessor.
[ 758 ]
EXEMPTIONS
84.36.805
--------------------------------------------------------------------------------------(2) All leasehold estates which have a
total economic rent of less than one
hundred dollars per year.
(3) All facilities owned or used by a
school, college, or university which facilities provide housing for students and
which are otherwise exempt from taxation
under the provisions of RCW 84.36.010 and
84.36.050.
(4}
All leasehold estates of subsidized
housing where the fee
ownership of such
property is vested in the government of
the united states or
the
state
of
washington or any political subdivision
thereof and where an income qualification
exists for such housing.
(5)
All leasehold estates of a nonprofit fair association that sponsors or conducts a fair or fairs which
receive
support from revenues collected pursuant
to RCW 67.16.100 and allocated by the
director of the department of agriculture
where the fee ownership of such property
is vested in the government of the United
states or the state of washington or any
political subdivision thereof: PROVIDED,
That this exemption shall not apply to the
leasehold estate of any sublessee of such
nonprofit fair association.
(6)
All leasehold estates of state forest lands as defined in chapter 76.12 RCW.
(7)
All
leasehold estates in state
property used as a residence by state
employees who are required as a condition
of employment to live at a state facility
or station.
(8)
All leasehold estates on any real
property of any Indian or Indian tribe,
band, or community that is held in trust
by the United states or is subject to a
restriction against alienation imposed by
the United States.
(9)
All leasehold estates held by enrolled Indians of lands owned as held by
any Indian or Indian tribe where the fee
ownership of such property is vested in or
held in trust by the United states and
which are not subleased to other than to a
lessee which would qualify pursuant to
*this 1973 amendatory act.
[1973 1st
ex.s. c 187 § 14.]
!~li~r•s .BQ!g.£
"this 1973 amendatory
act", see note following RCW 82.29.020.
§g~~Is~ilitJ:-£gn§!£Y£!iQD==1~11
e~~
£
1§1.£
See
note
following
12.1
RCW
OW!ED OR ~!;llQ
TO sue~
§~~§SE~~
Notwithstanding any other provision of *this 1973 amendatory act,
improvements owned or being acquired by
contract purchase. or otherwise by any
sublessee shall be taxable to such sublessee. [1973 1st ex.s. c 187 § 15.)
84.36.460
]I
IMPJ!Q!E.UNT§
SUBL,f;~~~
IA!A~1~
!!igviser•s ~.1
"this 1973 amendatory
act". see note following RCW 82.29.020.
1973 RCW SUPP.
~
1~1~
[ 759
See
note
following
12!
RCW
82.29.010.
GENERAL PROVISIONS
84.36.800
DEFINITIONS.
As used in
*this 1973 amendatory-act:
(1)
"Church purposes" means the use of
real and personal property owned by a
nonprofit religious organization for religious worship or related administrative,
educational,
eleemosynary, and social activities.
This definition is
to
be
broadly construed;
(2)
"Convent" means a house or set of
buildings occupied by a community of clergymen or nuns devoted to religious life
under a superior;
(3)
"Hospital" means any portion of a
hospital building, or other buildings in
connection therewith, used as a residence
for persons engaged or employed in the
operation of a hospital, or operated as a
portion of the hospital unit;
(4)
"Nonprofit" means an organization,
association or corporation no part of the
income of which is paid directly or indirectly to its members, stockholders, officers, directors or trustees except in the
form of services rendered by the organization, association, or corporation in accordance with its purposes and bylaws and
the salary or compensation paid to officers of such organization, association or
corporation is for actual services rendered and compares to the salary or compensation of like positions within the
public services of the state;
(5)
"Parsonage" means a residence occupied by a clergyman who is designated for
a particular congregation and who holds
regular
services therefor.
[1973 2nd
ex. s. c 40 § 6. ]
*Reviser's note:
"this 1973 amendatory
act;;---(1973- 2nd-ex.s. c 40] consists of
amendments to RCW 84.36.020, 84.36.030,
84.36.040 and 84.36.060, and to the enactment of RCW 84.36.800-84.36.905.
£QNDITJQ!2 IQE Q~I!!!!!Q ~!=
!Q!EjQ1!! QEGA!!!!I!Q!2L !2§Q=
~!AI!QNS QJ! CORPORATIONS.
In order to be
exempt pursuant--to~CW-84.36.030, 84.36.040, 84.36.050 and 84.36.060, said nonprofit
organizations,
associations or
corporations shall satisfy the following
conditions:
(a)
The property is used for the actual
operation of the activity for which exemption is granted and does not exceed an
amount
reasonably
necessary for that
purpose;
(b)
The property is irrevocably dedicated to the purpose for which exemption
has been granted, and on the liquidation,
dissolution, or abandonment by said organization,
association, or corporation,
said property will not inure directly or
84.36.805
.E;~E!!QNS ~I
82.29.010.
A£2Ql!!!;~
2gygis~i1i!Y==~Qns_1Ig£tiQn==121J
~~§~
J
84.36.805
PROPERTY TAXES
--------------------------------------------------------------------------------------indirectly to the benefit of any shareholder or individual, except a nonprofit
organization, association, or corporation
which too would be entitled to proper!y
tax exemption: PROVIDED, That the prov1sion of this subsection shall not apply to
those qualified for exemption pursuant to
RCW 84.36.040 if the property used for the
purpose stated is either leased or rented;
(c)
The facilities and services are
available to all regardless of
race,
color, national origin or ancestry;
(d)
The organization, association, or
corporation is duly licensed or certified
where such licensing or certification is
required by law or regulation;
(e)
Property sold to organizations, associations, or corporations with an option
to be repurchased by the seller shall not
qualify for exempt status.;
(f)
The director of the department of
revenue shall have access to its books in
order to determine whether such organization, association,
or corporation is exempt from taxes within the intent of RCW
84.36.030, 84.36.040, 84.36.050 and 84.36.060. ( 1973 2nd ex.s. c 40 § 7.]
84.36.815
!l!~PTION-Â
DA~
In order to qualify or requalify
for exempt status for real or personal
property pursuant to the provisions of
chapter 84.36 RCW, as now or hereafter
amended, all fore~gn national governments,
churches, cemeter1es, nongovernmental nonprofit corporations, organizations, and
associations, private schools or colleges,
and soil and water conservation districts
must file an annual renewal application
verifying the facts in the original claira
with the state department of revenue. All
application forms shall be signed by an
authorized agent of the applicant. Such
applications must be filed on forms prescribed by the department of revenue no
later than March 31 of each year.
The
department of revenue may provide by rule
that such applications may be available at
and filed with each county assessor and
forwarded to the department of revenue for
review. [1973 2nd ex.s. c 40 § 9.]
n
84.36.820
!fPLICATJ.Q! .tQR.t!§.
!Q
OF EXEMll f!tQtl!ITL-::
FAll!.!m~ TQ !!~~ BEFORE Q,!Zg
.Mll.a. lln£!.:.
on or before January 1 of each year, the
department of revenue shall mail application forms to owners of record of property
exempted from property taxation at their
last known address who 111ust make a renewal
application for continued exemption.
The
department of revenue shall notify the
assessor of the county in which the property is located who shall remove the tax
exemption from any property if an application has not been received for the exemption of such property as required by RCW
84.36.815 on or before the due date:
PROVIDED, That the department of revenue
shall allow a reasonable extension of time
for filing upon written request filed on
or before the due date, and for good cause
shown therein:
PROVIDED FURTHER, That
failure to file and subsequent removal of
exemption shall not be subject to review
as provided in RCW 84.36.850. [1973 2nd
ex.s. c 40 § 10.)
Mll!ED
84.36.810
CESSATION OF USE UNDER WHICH
EXEMPTION GRANTE~-upon--cessation- ~-a
use--under--which- an exemption has been
granted pursuant to RCW 84.36.030, 84.36.040, 84.36.050 and 84.36.060, the county
treasurer shall collect all taxes which
would have been paid had the property not
been exempt during the seven years preceding, or the life of such exemption, if
such be less, together with the interest
at the same rate and computed in the same
way as that upon delinquent
property
taxes: PROVIDED, That if the cessation of
use involves a portion of the total property exemptions the provisions of this
section shall apply only to that portion:
PROVIDED FURTHER, That such additional tax
shall not be imposed if the cessation of
use resulted solely from:
(1)
Transfer to an organization, association, or corporation for a use which
also qualifies and is granted exemption
under the provisions of chapter 84.36 RCW;
(2)
A taking through the exercise of
the power of eminent domain, or sale or
transfer to an entity having the power of
eminent domain in anticipation of the
exercise of such power;
(3)
Official action by an agency of the
state of Washington or by the county or
city within which the property is located
which disallows the present use of such
property;
(4)
A natural disaster such as a flood,
windstorm, earthquake, or other such calamity rather than by virtue of the act of
the organization, association, or corporation changing the use of such property;
(5)
Relocation of the activity and use
of another location .or site except for
undeveloped properties of camp facilities
exempted under RCW 84.36.030.
( 1973 2nd
ex.s. c 40 § a.)
APPLICAT!Q! FO!
!ili2!!IRIQ=FI~ING=-.JttNEJ!!c-~!!IQ.RB-DQEÂ
!Q
84.36.825
QillM
APPLIC!!J.Q!
~!fRLI£!=
TIONS FOR 1974 CONSIDERED INITIAL APPLI£!=
---- --An application fee of thirty-f1ve
---- --------- .
TIONS.
--~-
dOllars
for each annual application for
exemption shall be deposited within the
general fund. Applications made for assessment year 1974 will be considered
initial applications whether or not an
exemption has previously been approved.
[1973 2nd ex.s. c 40 § 11.]
84.36. 830
REllll Q.!
,!PPLI£!!IONS
W
EX~MPTION--PROCEDURE--APPROYAt Q~ Q!!IAL--
NOTICE~~epartment Of revenue shall
reView- each application for exempt~on and
make a determination thereon pr1or to
August 1st of the assessment year for
[ 760 ]
EXEMPTIONS
84.36.860
--------------------------------------------------------------------------------------\fhich such application is made.
The department of revenue may request such additional relevant itnforma tion as it deems
necessary.
The department of revenue
shall make a physical inspection of the
property and satisfy itself as to the use
of all parcels prior to approving or
denying the application, and thereafter at
least once each four years.
When the
department of revenue has examined the
application and the subject property, it
shall either approve or deny the request
and clearly state the reasons for approval
or denial in written notification by certified mail to the applicant. The department shall also notify the assessor of the
county in which the property is located.
The county assessor shall place such property on the assessment roll for the current year. ( 1973 2nd ex.s. c 40 § 12. J
84.36.835
1ISI OF tXE~PT ~gOPt!IIES !Q
R.MPAREQ A!m Fug!IS!!ED tA£!! f-OUNT!
!~~so~
on or before August 31st, the
department of revenue shall prepare a list
by county of those properties exempted
under *this 1973 amendatory act, and shall
forward a list.ta each county assessor of
the property exempt in that county. (1973
2nd ex.s. c 40 § 13.]
n
!ReVi§~~§ BQte.:.
"this 1973 amendatory
act", see note following RCW 84.36.800.
84.36.840
~IAI~~t!l~
Rt~Qgi2==l!!Qg=
~!IION-=fi1I~2==!liQQ!~~NTS~
In order to
determine whether organizations, associations, corporations or institutions except
those exempted under RCW 84.36.020 and
84.36.030 are exempt from taxes within the
intent of this chapter, and before the
exemption shall be allowed for any year,
the superintendent or manager or other
proper officer of the organization, association, corporation or institution claiming exemption from taxation shall file,
with the department of revenue on forms
furnished by the director, a signed statement made under oath that the income and
the receipts thereof, including donations
to it, have been applied to the actual
expenses of operating and maintaining it,
or for its capital expenditures, and to no
other purpose.
Such forms shall also
include a statement· of the receipts and
disbursements of said organization:
PROVIDED, That institutioni claiming exemption under RCW 84.36.050 shall file in
addition a list of all property claimed to
be exempt, the purpose for which it is
used, the revenue derived from it for the
preceding year, the use to which such
revenue was applied, the number of students in attendance at the school or
college, the total revenues of the institution with the source from which they
were derived, and the purposes to which
such revenues were applied, giving the
items of such revenues and expenditures in
detail.
1973 RCW SUPP.
[ 761
Such report shall be submitted on or
before April 1st following the close of
the accounting period for the fiscal year
ended during the previous calendar year.
The department of revenue shall remove the
tax exemption from the property and assets
of any organization, association, corporation, or institution which does not file
such report with the department of revenue
on or before the due date:
PROVIDED, That
the department of revenue shall allow a
reasonable extension of time for filing
upon written request filed on or before
the required filing date and for good
cause shown therein. [1973 2nd ex.s. c 40
§ 14. ]
84.36.845
~~!Q~!IIQ! Qf Ex~nEIIQ!
E~QY~Q Q~ B~NE~~R
!Q I!Af£QB!!~
QqE
!R=
l!fQB=
MA!ION~
If subsequent to the time that
the exemption of any property is initially
approved or renewed, it shall be determined that such exemption was approved or
renewed as the result of inaccurate information provided by the authorized agent of
the applicant, the exemption shall be
revoked and taxes shall be levied against
such property pursuant to the provisions
of RCW 84.36.810. (1973 2nd ex.s. c 40 §
15. J
84.36.850
RE!I!!=:!fPE~LS~
Any applicant aggrieved by the department of revenue's denial of an exemption application
may petition the state board of tax appeals to review an application for either
real or personal property tax exemption
and the board shall consider any appeals
to determine (1) if the property is entitled to an exemption, and (2)
the amount
or portion thereof.
A county assessor of the county in which
the exempted property is located shall be
empowered to appeal to the state board of
tax appeals to review any real or personal
property tax exemption approved by the
department of revenue which he feels is
not warranted.
Appeals from a department of revenue decision must be made within thirty days of
the notification of the approval or denial. [1973 2nd ex.s. c 40 § 16.]
84.36.855
g~QRERTY
£ll!!Q!NG FRO~~~=
EMgi !Q lAXA£!1~ ~!IUS=.tlQ£~UR~.!.
Property which changes from exempt to taxable
status shall be subject to the provisions
of RCW 84.36.810 and RCW 84.40.350 through
84.40.390, and the assessor shall also
place the property on the assessment roll
for taxes due and payable in the following
year. [1973 2nd ex.s. c 40 § 17.]
84.36.860
-pu~IC NO!~~ OF
PROVISIONS
OF ACT.
Each county assessor and the
director of the department of revenue
shall each issue public notice of the
provisions of *this 1973 amendatory act in
]
PROPERTY TAXES
84.36.860
-------------------------------------------------------such a manner as will give constructive
notice to all taxpayers of that county or
of the state, as the case may be, prior to
the first year in which an application for
exemption is required by RCW 84.36.815
through 84.36.845. [1973 2nd ex.s. c 40 §
18. ]
11 this 1973
!~vi~H~!.!§ .!!2~1.
amendatory
act", see note following BCi 84.36.800.
84.36.865
RU~ !!Q ~~~!!IQNSL
The
department of revenue of the state of
washington shall make such rules and regulations consistent with chapter 34.04 RCW
and the provisions of *this 1973 amendatory act as shall be necessary or desirable
to permit its effective administration.
( 1973 2nd ex.s. c 40 § 19.]
!~!i§g£!.§ 11Q1g.i.
"this 1973 amendatory
act", see note following RCW 84.36.800.
SEVERABILITY-1973 2ND EX.S.
any provisionof this 1973
amendatory 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. [1973 2nd
ex.s. c 40 § 22.]
~
84.36.900
40~
If
84.36.905
!XQ!==1~11
EFI~II!~
jj~~~
l!Q
Q!!~==£9!~1RY~=
f !Q~
This 1973
amendatory 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, shall take effect immediately and shall be effective for assessment
in 1973 for taxes due and payable in 1974.
(1973 2nd ex.s. c 40 § 23.)
Chapter 84.40
LISTING OF PROPERTY
84.40.020
illl!§.§:!~!.! ill~==!!JBAG£; 1!=
BA.§l.:i 11!1 ]£; !l.§~12=~.!H~1!.£ IB.§REC=
I1Q! Qf ~ISTI~G8 QQ£J1JjBI§ !l!Q g~£2£]§~
All real property in this state subject to
taxation shall be listed and assessed
every year, with reference to its value on
the first day of January of the year in
which it is assessed. Such listing and
all supporting documents and records shall
be open to public inspection during the
regular office hours of the assessor's
office:
PROVIDED, That confidential income data is exempted from public inspection
pursuant to RCW 42.17.310.
All
personal property in this state subject to
taxation shall be listed ana assessed
every year, with reference to its value
and ownership on the first day of ~anuary
of the year in which it is assessed:
PROVIDED, That if the stock of goods,
wares, merchandise or material, whether in
!H!QRY
a raw or finished state or in process of
manufacture, owned or held by any taxpayer
on January 1 of any year does not fairly
represent the average stock carried by
such taxpayer, such stock shall be listed
and assessed upon the basis of the monthly
average of stock owned or held by such
taxpayer during the preceding calendar
year or during such portion thereof as the
taxpayer was engaged in business. [1973 c
69 § 1; 1967 ex.s. c 149 § 35; 1961 c 15 §
84.40.020.
Prior:
(i) 1939 c 137 § 1;
1925 ex.s. c 130 § 8; 1897 c 71 § 6; 1895
c 176 § 3; 1893 c 124 § 6; 1891 c 140 §§
1, 6; 1890 p 532 § 6; Code 1881 § 2832;
1871 p 40 § 15; 1869 p 180 § 15; 1867 p 62
§ 6; 1854 p 332 § 4; RRS § 11112.
(ii)
1937 c 122 § 1; 1890 p 532 § 6; RRS 111121.)
Qli
84 .40. 030
lill§ Ql !li!l!fiON=~RITE!!I:.
Ql VA1UE==f.!f!QRS=GROWI]!Q ~!!Q~§ U:.
CLQQED==nl!~§L QQ!!!RIE§==1~!SEfiQ1Q ~§TA!~§
,AMENQ!Q BY ll73 1§! ~X~ ~ 1~1 ~ lL!.
.1!§
All property shall be assessed fifty per·
cent of its true and fair value in money.
Taxable leasehold estates shall be valued at such price as they would bring at a
fair, voluntary sale for cash without any
deductions for any indebtedness owed including rentals to be paid. Notwithstanding any other provisions of this section
or of any other statute, when the value of
any taxable leasehold estate created prior
to January 1, 1971 is being determined for
assessment years prior to the assessment
year 1973, there shall be deducted from
what would otherwise be the value thereof
the present worth of the rentals and other
consideration which may be required of the
lessee by the lessor for the unexpired
term thereof: PROVIDED, That the foregoing provisions of this sentence shall not
apply to any extension or renewal, made
after December 31, 1970 of the term of any
such estate, or to any such estate after
the date, if any, provided for in the
agreement for rental renegotiation.
The true and fair value of real property
for taxation purposes (including property
upon which there is a coal or other mine,
or stone or other quarry) shall be based
upon the following criteria:
(1) (a) Any sales of the property being
appraised or similar property with respect
to sales made within the past five years.
The appraisal shall take into consideration political restrictions such as zoning as w~ll as physical and environmental
influences. The appraisal shall also take
into account, (i) in the use of sales by
real estate contract as similar sales, the
extent, if any, to which the stated selling price has been increased by ~eason of
the down payment, interest rate, or other
financing terms; and (ii) the extent to
which the sale of a similar property
actually represents the general effective
market demand for property of such type,
in the geographical area .in wh~ch such
property is located. Sales ~nvolv~ng deed
[ 762 1
LISTING OF PROPERTY
84.40.030
--------------------------------------------------------------------------------------releases or similar seller-developer financing arrangements shall not be used as
sales of similar property.
(b)
In addition to sales as defined in
subsection (1) (a), consideration may be
given to cost, cost less depreciation,
reconstruction cost less depreciation, or
capitalization of income that would be
derived from prudent use of the property.
In the case of property of a complex
nature, or being used under terms of a
franchise from a public agency, or operating as a public utility, or property not
having a record of sale within five years
and not having a significant number of
sales of similar property in the general
area, the provisions of this subsection
(1)
(b)
shall be the dominant factors in
valuation. When provisions of this subsection (1) (b) are relied upon for establishing values the property owner shall be
advised upon request of the factors used
in arriving at such value.
(c) In valuing any tract or parcel of
real property, the value of the land,
exclusive of structures thereon shall be
determined; also the value of structures
thereon,
but the valuation shall not exceed the value of the total property as it
exists.
In valuing agricultural land,
growing crops shall be excluded.
PROVIDED, That the provisions of this
subsection (1) shall be applicable to all
values for use in computing property taxes
for the assessment year 1972 for taxes
payable in 1973 and subsequent years.
(1973 1st ex.s. c 187 § 1; 1912 ex.s. c
125 § 2; 1971 ex.s. c 288 § 1; 1971 ex.s.
c 43 § 1; 1961 c 15 § 84.40.030.
Prior:
1939 c 206 § 15; 1925 ex.s. c 130 § 52;
1919 c 142 § 4; 1913 c 140 § 1; 1897 c 71
§ 42; 1893 c 124 § 44; 1891 c 140 § 44;
1890 p 547 § 48; RRS § 11135. FORMER PART
OF SECTION:
1939 c 116 § 1, part, nov
codified in RCW 84.40.220.]
~ev~~ility--ConstructiQn=-_1973
ses~
£
~~
See
note
121
following
~~~
RCW
82.29.010.
Reviser's note:
RCW
84.40.030
was
amendea--twice--during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
84. 40.030
~~ Ql fiLUA!IQ!b-CRITE.ll.=
! . UUE_:=IACIQM=GRQ!I!Q £ROR~ EX.=
Q!f Ql
~1Q~D-=~l!~~L QQARRI~~==1]A~~fiQ1Q ~~!!!~~
1~! ~!~~ £ 1.22 § .2.ftt~
Jll !!1UDED .§I 1.2.73
All property shall be val~ed at one hundred percent of its true and fair value in
money and assessed on the same basis
unless specifically provided otherwise by
law.
Taxable leasehold estates shall be valued at such price as they would bring at a
fair, voluntary sale for cash without any
1973 RCW SUPP.
deductions for any indebtedness owed including rentals to be paid, Notwithstanding any other provisions of this section
or of any other statute, when the value of
any taxable leasehold estate created prior
to January 1, 1971 is being determined for
assessment years prior to the assessment
year 1973, there shall be deducted from
what would otherwise be the value thereof
the present worth of the rentals and other
consideration which may be required of the
lessee by the lessor for the unexpired
term thereof:
PROVIDED, That the foregoing provisions of this sentence shall not
apply to any extension or renewal,
made
after December 31, 1970 of the term of any
such estate, or to any such estate after
the date, if any, provided for in the
agreement for rental renegotiation.
The true and fair value of real property
for taxation purposes (including property
upon which there is a coal or other mine,
or stone or other quarry) shall be based
upon the following criteria:
(1)
(a)
Any sales of the property be~
ing appraised or similar property with
respect to sales made within the past five
years.
The appraisal shall take into consideration political restrictions such as
zoning as well as physical and environmental influences. The appraisal shall also
take into account,
(i)
in the use of
sales by real estate contract as similar
sales, the extent, if any, to which the
stated selling price has been increased by
reason of the down payment, interest rate,
or other financing terms; and (ii)
the
extent to which the sale of a similar
property actually represents the general
effective market demand for property of
such type, in the geographical area in
which such property is located. Sales
involving deed releases or similar sellerdeveloper financing arrangements shall not
be used as sales of similar property.
{b)
In addition to sales as defined in
subsection (1) (a), consideration may be
given to cost, cost less depreciation,
reconstruction cost less depreciation, or
capitalization of income that would be
derived from prudent use of the property.
In the case of property of a complex
nature, or being used under terms of a
franchise from a public agency, or operating as a public utility. or property not
having a record of sale within five years
and not having a significant number of
sales of similar property in the general
area, the provisions of this subsection
(1)
(b)
shall be the dominant factors in
valuation. When provisions of this subsection (1) (b) are relied upon for establishing values the property owner shall be
advised upon request of the factors used
in arriving at such value.
(c)
In valuing any tract or parcel of
real property, the value of the land,
exclusive of structures thereon shall be
determined; also the value of structures
thereon, but the valuation shall not exceed the value of the total property as it
[ 763 )
84.40.030
PROPERTY TAXES
--------------------------------------------------------------------------------------exists.
In valuing agricultural land,
growing crops shall be excluded.
PROVIDED, That the provisions of this
subsection (1) shall be applicable to all
values for use in computing property taxes
for the assessment year 1972 for taxes
~ayable
in 1973 and subsequent years.
[1973 1st ex.s. c 195 § 96; 1972 ex.s. c
125 § 2; 1971 ex.s. c 288 § 1; 1971 ex.s.
c 43 § 1; 1961 c 15 § 84.40.030. Prior:
1939 c 206 § 15; 1925 ex.s. c 130 § 52;
1919 c 142 § 4; 1913 c 140 § 1; 1897 c 71
§ 42; 1893 c 124 § 44; 1891 c 140 § 44;
1890 p 547 § 48; RRS § 11135. FORMER PART
OF SECTION:
1939 c 116 § 1, part, now
codified in RCW 84.40.220.]
2~!~£s~iliiY=-~it~iixg Qsi~2 snd igrmi=
nati£» gs!~§==££n~!AYg~ion:=121~ 1§! ~~§~
g 1221 see notes following RCW 84.52.043.
!1fiiser!_2 not§!.
RCW
84.40.030
was
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
cross References:
Improvements owned or being acquired by
to sublessee:
RCW
sublessee
taxable
84.36.460.
Leasehold estates
exemption:
RCW
84.36.450.
Leasehold in lieu excise tax: Chapter
82.29 RCW.
Valuation of leasehold estates in operating properties of public utilities:
RCW
82.29.080.
84.40.040
TIME AND MANNER OF LISTING.
The assessor -shalr-begin the-preliminary
work for each assessment not later than
the first day of December of each year in
all counties in the state. He shall also
complete the duties of listing and placing
valuations on all property by May 31st of
·each year, and in the following manner, to
wit:
He shall actually determine as nearly as
practicable the true and fair value of
each tract or lot of land listed for
taxation and of each improvement located
thereon and shall enter one hundred percent of the value of such land and of the
total value of such improvements, together
with the total of such one hundred percent
valuations, opposite each description of
property on his assessment list and tax
roll.
He shall make an alphabetical list of
the names of all persons in his county
liable to assessment of personal property,
and require each person to roake a correct
list and statement of such property according to the standard form prescribed by
the department of revenue, which statement
and list shall include, if required by the
form, the year of acquisition and total
original cost of personal property in each
category of the prescribed form, and shall
be signed and verified under penalty of
perjury by the person listing the property.
Such list and statement shall be
filed on or before the last day of !!arch,
but the assessor, upon written request
filed on or before such date and for good
cause shown therein, shall allow a reasonable extension of time for filing.
The
assessor shall on or before the 1st day of
January of each year mail a notice to all
such persons at their last known address
that such statement and list is required,
such notice to be accompanied by the form
on which the statement or list is to be
made: PROVIDED, That the notice mailed by
the assessor to each taxpayer each year
shall, if practicable, include the statement and list of personal property of the
taxpayer for the preceding year. Upon
receipt of such statement and list the
assessor shall thereupon determine the
true and fair value of the property included in such statement and enter one
hundred percent of the same in the assessment books opposite the name of the party
assessed; and in making such entry in his
assessment list, he shall give the name
and post office address of the party
listing the property, and if the party
resides in a city the assessor shall give
the street and number or other brief
description of his residence or place of
business.
The assessor may, after giving
written notice of his action to the person
to be assessed, add to the assessment list
any taxable property which, in his judgment, should he included in such list.
[1973 1st ex.s. c 195 § 91; 1967 ex.s. c
149 § 36; 1961 c 15 § 84.40.040. Prior:
1939 c 206 § 16, part; 1925 ex.s. c 130 §
57, part; 1897 c 71 § 46, part; 1895 c 176
§ 5, part; 1893 c 124 § 48, part;
1891 c
140 § 48, part; RRS § 11140, part.]
.2~!~rabi!iiY==Ef,llt£1i!~ date§ ~:n.g !:!ai:mi=
naiiQll gat~2=£Q~i£Y£1iQ!l=1971 1st ~~2~
£122.:. See notes following RCW 84.52.043.
84.40.080
LISTING O~ITTED PROPERTY Q~
I~fgQ!EKEN!~~ --The-assessor: upon-his own
motion, or upon the application of any
taxpayer, shall enter in the detail and
assessment list of the current year any
property shown to have been omitted from
the assessment list of any preceding year,
at the valuation of that year, or if not
then valued, at such valuation as the
assessor shall determine from the preceding year, and such valuation shall be
stated in a separate line from the valuation of the current year. Where improvements have not been valued and assessed as
a part of the real estate upon which the
same may be located, as evidenced by the
assessment rolls, they may be separately
valued and assessed as omitted property
under this section: PROVIDED, That no such
assessment shall be made in any case where
a bona fide purchaser, encumbrancer, or
contract buyer has acquired any interest
[ 764 ]
LISTING OF PROPERTY
84.40.340
--------------------------------------------------------------------------------------in said property prior to the time such
improvements are assessed. When such an
omitted assessme~t is made, the taxes
levied thereon may be paid within one year
of the due date of the taxes for the year
in which the assessment is made without
penalty or interest: AND PROVIDED FURTHER,
That in the assessment of personal property, the assessor shall assess the omitted
value not reported by the taxpayer as
evidenced by an inspection of either the
property or the books and records of said
taxpayer by the assessor. [1973 2nd ex.s.
c 8 § 1; 1961 c 15 § 84.40.080. Prior:
1951 1st ex.s. c 8 § 1; 1925 ex.s. c 13C §
59; 1897 c 71 § 48; RRS § 11142.]
84.40.085
~J§§~EBI 2r
!i2Illl~.UIQ!
1J]I!AIIQ! R]EIQQ KQE A§=
Q~III~Q
PRQE1gix Q~ !A1Yl==
!Q IMgA!~~ Qf QJ1I§§I01f=
No omitted property or omitted
value assessment shall be made for any
period more than three years preceding the
year in which the omission is discovered.
The assessor, upon discovery of such omission, shall forward a copy of the amended
personal property affidavit along with a
letter of particulars informing the taxpayer of the f'indings and of his right of
appeal to the county board of equalization. Upon request of either the taxpayer
or the assessor, the county board of
equalization may be reconvened to act on
subject omits. [1973 2nd ex.s. c 8 § 2.]
g£Q~]DUS]~
column, opposite the several kinds and
descriptions of property, is in each case
one hundred percent of the true and fair
value of such property, to the best of my
knowledge and belief, and that the footings of the several columns in said books,
and the tabular statement returned herewith, are correct, as I verily believe.
-----------' Assessor.
subscribed and sworn to before me this
----- day of ---------' 19__ •
(L. s.)
-----------'
Auditor
of
--------------- county.
PROVIDED, That the failure of the assessor
to attach his certificate shall in nowise
invalidate the assessment. After the same
has been duly equalized by the county and
state board of equalization, the same
shall be delivered to the county assessor,
who shall then extend the amount as levied
by the state and county boards upon the
said detail and assessment lists as by law
provided.
[1973 1st ex.s. c 195 § 98;
1961 c 15 § 84.40.320. Prior: 1937 c 121
§ 1;
1925 ex.s. c 130 § 65; 1897 c 71 §
54; 1893 c 124 § 55; 1891 c 140 § 55; 1890
p 552 § 60; RRS § 11148.]
84.40.340
84.40.320
1:2 BOllQ Qf.
DETAIL
AND ASSESSKENT LISTS
]QUALizATioN~-Th"eassessor
shall add up and note the amount of each
column in his detail and assessment lists,
which he shall have bound in book form in
such manner, to be prescribed or approved
by the state tax commission, as will
provide a convenient and permanent record
of assessment. He shall also make, under
proper headings, a tabular statement showing the footings of the several columns
upon each page, and shall add and set down
under the respective headings the total
amounts of each column, which he shall
attach to the highest numbered assessment
book, and on the first Monday of July he
shall file the same, properly indexed,
with the clerk of the county board of
equalization for the purpose of equalization by the said board.
Such returns
shall be verified by his affidavit, substantially in the followinq form:
State of
Washington,
county, ss.
I,
_,
Assessor
---------------• do solemnly swear that
the books No. 1 to No. _____ , to the last
of which this is attached, contain a
correct and full list of all the real
property (or personal property, as the
case may be) subject to taxation
in
county, so far as I have
been able to ascertain the same; and that
the assessed value set down in the proper
1 97 3 RCW SUPP.
!~liifiCAIION ~I A2~SSQ~
Qf
.afHEDUil=£2!!fi.=
DE!Illlli!.L E_ENAYL. For the purpose of
verifying any list, statement, or schedule
required to be furnished to the assessor
by any taxpayer, any assessor or his
trained and qualified deputy at any reasonable time may visit, investigate and
examine any personal property, and for
this purpose the records, accounts and
inventories also shall be subject to any
such visitation, investigation and examination which shall aid in determining the
amount and valuation of such property.
such powers and duties may be performed at
any office of the taxpayer in this state,
and the taxpayer shall furnish or make
available all such information pertaining
to property in this state to the assessor
although the records may be maintained at
any office outside this state.
Any information or facts obtained pursuant to this section shall be used by the
assessor only for the purpose of determining the assessed valuation of the taxpayer's
property:
PROVIDED,
That such
information or facts shall also be made
available to the department of revenue
upon request for the purpose of determining any sales or use tax liability with
respect to personal property, and except
in a court action pertaining to penalties
imposed pursuant to RCW 84.40.130, to such
sales or use taxes, or to the assessment
or valuation for tax purposes of the
property to which such information and
facts relate, shall not be disclosed without the permission of the taxpayer to any
ANI
[ 765 ]
b~!L
~IllM.ID!!.&. Q~
84.40.340
PROPERTY TAXES
--------------------------------------------------------------------------------------person other than public officers or employees whose duties relate to valuation
of property for tax purposes or to the
imposition and collection of sales and use
taxes, and any violation of this secrecy
provision shall constitute a gross misdemeanor. [1973 1st ex.s. c 74 § 1;
1967
ex.s. c 149 § 40; 1961 ex.s. c 24 § 6.]
Chapter 84.48
EQUALIZATION OF ASSESSMENTS
84.48.080
lfENI2=TA!,~2
section, the tax levies made for state
purposes and the apportionment thereof
among the counties, to the state auditor.
[1973 1st ex.s. c 195 § 99;
1971 ex.s. c
Prior :
2 a8 § 9 ; 19 6 1 c 15 § 8 4 • 4 8 • o8 o.
1949 c 66 § 1; 1939 c 206 § 36; 1925 ex.s.
c J30 § 70;
Rem. Supp. 1949 § 11222;
pnor:
1917 c 55§ 1; 1915 c 7 § 1; 1907
c 215 § 1; 1899 c 141 § 4; 1897 c 71 § 60;
1893 c 124 § 61; 1890 p 557 § 75.
Formerly RCW 84.48.080, 84.48.090
and
84 • 48. 100. ]
Ql
~~AL~!IIQ!
!~~=
a!AT~
gQllfQ.g,~.RBQg=
lQ!
DURE--LEVY
AND
APPORTIONMENT--RECORD.
Annually-during~he m~ntb of- August,--the
department of revenue shall examine and
compare the returns of the assessment of
the property in the several counties of
the state, and the assessment of the
property of railroad and other companies
assessed by the department, and proceed to
equalize the same, so that each county in
the state shall pay its due and just
proportion of the taxes for state purposes
for such assessment year, according to the
ratio the valuation of the property in
each county bears to the total valuation
of all property in the state.
First. The department shall classify
all property, real and personal, and shall
raise and lover the valuation of any class
of property in any county to a value that
shall be equal, so far as possible, to the
true and fair value of such class as of
January 1st of the current year for the
purpose of ascertaining the just amount of
tax due from each county for state purposes.
Such classification may be on the
basis of types of property, geographical
areas, or both.
Second. The department shall keep a
full record of its proceedings and the
same shall be published annually by the
department.
Third. The department shall have authority to adopt rules and regulations to
enforce obedience to its orders in all
matters in relation to the returns of
county assessments, and the equalization
of values by the department.
The department shall levy the
state
taxes authorized by law: PROVIDED, That
the amount levied in any one year for
general state purposes shall not exceed
the lawful dollar rate on the dollar of
the assessed value of the property of the
entire state, which assessed value shall
be one hundred percent of the true and
fair value of such property in money; and
shall apportion the amount of tax for
state purposes levied by the department,
among the several counties, in proportion
to the valuation of the taxable property
of the county for the year as equalized by
the department.
After the completion of the duties hereinabove prescribed, the director of the
department shall certify the record of the
proceedings of the department under this
84.48.085
~Q!biZATION Qf !!t~!IIQ~§==
PROCEDURE.
The board of equalization
shalr-reconvene on the first ~onday of
August for the purpose of equalizing valuations of real property within the county.
such equalization shall be accomplished in
the following manner:
(1)
The department of revenue shall
certify to the board the ratio of the
assessed valuation of locally assessed
property in the county to the true and
fair value of such property, based upon
assessed values established without regard
to equalization accomplished pursuant to
this section (hereinafter referred to as
the "tentative county indicated ratio»),
The department shall also certify the
ratio of the assessed valuation of locally
assessed property in those geographical
areas in the county which have been revalued during the year ending ~ay 31st prior
to the convening of the board to the true
and fair value of such property (hereinafter referred to as the "revaluation ratio").
If, pursuant to the revaluation
program, land alone or improvements alone
have been revalued for any assessment
year, the revaluation ratio shall be for
land alone, or improvements alone, as
appropriate, or such combination thereof
as is appropriate. The board shall review
the revaluation ratio so certified, and
may accept, reject, or modify the ratio.
(2)
If the revaluation ratio, as determined by the board, exceeds one hundred
and
fifteen percent of the tentative
county indicated ratio, the board shall
order the assessor, in accordance with the
provisions of RCW 84.41.040, to reduce by
a uniform percentage the true and fair
values of land, improvements, or both as
appropriate, within the geographical areas
covered by the revaluation ratio by a
uniform percentage such that the revaluation ratio shall equal the
tentative
county indicated ratio. The board shall
also order the assessor to make appropriate similar adjustments to properties valued in the same year. For the purpose of
administrative convenience, such =eductions may be accomplished, in li8u of
actual changes in the assessment rolls, by
the assessor certifying to the treasurer
[ 766 ]
LEVY OF TAXES
84.52.010
--------------------------------------------------------------------------------------the percentage adjustment for the geographical areas involved, on the basis of
which the treasurer shall adjust
the
amount of taxes otherwise payable. [1973
1st ex.s. c 195 § 100; 1971 ex.s. c 288 §
8. ]
IBAB~£BIRI Ql fBQ£~ED!BGS IQ
!SSE~So~~==Q~b1EQQ]B! !!! IQ~ ~]!=
RH~~E]ING
!B~tYQ~Q~
Within
84.48.110
~QQB!X
El!fi
XE!li
three days after the receipt of the record
of the proceedings of the state board of
equalization, the office of program planning and fiscal management shall transmit
to each county assessor a transcript of
the proceedings of the board, specifying
the amount to be levied and collected on
said assessment books for state purposes
for such year, and in addition thereto it
shall certify to each county assessor the
amount due to each state fund and unpaid
from such county for the seventh preceding
year, and such delinquent state taxes
shall be added to the amount levied for
the current year. The office of program
planning and fiscal management shall close
the account of each county for the seventh
preceding year and charge the amount of
such delinquency to the tax levy of the
current year.
All taxes collected on and
after the first day of July last preceding
such certificate, on account of delinquent
state taxes for the seventh preceding year
shall belong to the county and by the
county treasurer be credited to the current expense fund of the county in which
collected.
[1973 c 95 § 11; 1961 c 15 §
84.48.110. Prior: 1925 ex.s. c 130 § 71;
RRS § 11223; prior: 18q9 c 141 § 5; 1897
c 71 § 61; 1893 c 124 § 62; 1890 p 558 §
76. ]
!ALQAIIQB £~~BIA 1B£1QQIB2
IQ §] ~AD~ !!AIL!~LE IQ
The assessor shall, upon the
request of any taxpayer who petitions the
board of equalization for review of a tax
claim or valuation dispute, make available
to said taxpayer a compilation of comparable sales utilized by the assessor in
establishing such taxpayer's property valuation.
If valuation criteria other than
comparable sales were used, the assessor
shall furnish the taxpayer with such other
factors and the addresses of such other
property used in making the determination
of value.
The assessor shall within thirty days of
such request but at least ten business
days prior to such taxpayer's appearance
before the board of equalization make
available to the taxpayer the valuation
criteria and;or comparables which shall
not be subsequently changed or modified by
the assessor during review or appeal proceedings unless the assessor has found new
84.48.150
~.QlH~!RAIIll
I!!gAX]B~~
.§ALE~
1973 RCW SUPP.
evidence supporting the assessor's valuation, in which situation the assessor
shall provide such additional evidence to
the taxpayer at least ten business days
prior to the hearing on appeal or review
proceedings.
A taxpayer who lists comparable sales on his notice of appeal shall
not thereafter use other comparables during the review of appeal proceedings:
PROVIDED, That the taxpayer may change the
comparable sales he is using in proceedings subsequent to the county board of
equalization only if he provides a listing
of such different comparables to the assessor at least five business days prior
to such subsequent proceedings: PROVIDED
FURTHER, That the board of equalization
may waive the requirements contained in
the preceding proviso or allow the assessor a continuance of reasonable duration
to check the comparables furnished by the
taxpayer. [1973 1st ex.s. c 30 § 1.]
Chapter 84 .52
LEVY OF TAXES
84.52.010
HO~ ~VIED==EFFECT
OF £QB=
STI!UTIQNAL 1II'IJTATI01h. ,ilFFECIIVE UNIH.
JABg!B! 1L 1~74~
All taxes shall be
levied or voted in specific amounts, and
the rate percent of all taxes for state
and county purposes, and purposes of taxing districts coextensive with the county,
shall be determined, calculated and fixed
by the county assessors of the respective
counties, within the limitations provided
by law, upon the assessed valuation of the
property of the county, as shown by the
completed tax rolls of the county, and the
rate percent of all taxes levied for
purposes of taxing districts within any
county shall be determined, calculated and
fixed by the county assessors of the
respective counties, within the limitations provided by law, upon the assessed
valuation of the property of the taxing
districts respectively:
PROVIDED, That
when any such county assessor shall find
that the aggregate rate of levy on any
property will exceed the limitation set
forth in RCW 84.52.050 as now or hereafter
amended, he shall recompute and establish
a consolidated levy in the
following
manner:
{1)
He shall include for extension on
the tax rolls the full rates of levy
certified to him for state, county, county
road districts, city and school district
purposes in amounts not exceeding the
limitations established by law: PROVIDED,
That in the event of a levy made pursuant
to RCW 84.34.230, the rates of levy for
county, county road district, and school
district purposes shall be reduced in such
uniform percentages as will result in a
consolidated levy by such taxing districts
which will be no greater on any property
than a consolidated levy by such taxing
districts would be if the levy had not
been made pursuant to RCW 84.34.230, and
[ 767 ]
8ij.52.010
PROPERTY TAXES
--------------------------------------------------------------------------------------(2)
He shall include for extension on
the tax rolls the rates percent of the tax
levies certified to him by all other
taxing districts imposing taxes on such
property, other than port districts ana
public utility districts, reduced by him
in such uniform percentages as will bring
the consolidated tax levy on such property
within the provisions of such limitation.
[1973 1st ex.s. c 195 § 146; 1971 ex.s. c
243 § 6; 1970 ex.s. c 92 § 4; 1961 c 15 §
84.52.010.
Prior:
1947 c 270 § 1; 1925
ex.s. c 130 § 7q; Rem. supp. 1947 § 11235;
prior:
1920 ex.s. c 3 § 1; 1897 c 71 §
62; 1893 c 124 § 63.]
§.gy~g,.Qility
E.tlgQtiE da~ s!!Q ieninatio!l dat~s=-constru£tifm=122:! 1§i ~~
£ 195~ See notes following RCW 84.52.043.
84.52.010
tlOW ~VIED~f~£! Qf £Q!=
§.liTUliQlfAL LIMI1AT.IQ!h. (AMENDMENT ~~:.
!I!~ ~!!! 1L 197~t
All taxes shall be
levied or voted in specific amounts, and
the rate percent of all taxes for state
and county purposes, and purposes of taxing districts coextensive with the county,
shall be determined, calculated and fixed
by the county assessors of the respective
counties, within the limitations provided
by law, upon the assessed valuation of the
property of the county, as shown by the
completed tax rolls of the county, and the
rate percent of all taxes levied for
purposes ·Of taxing districts within any
county shall be determined, calculated and
fixed by the county assessors of the
respective counties, within the limitations provided by law, upon the assessed
valuation of the property of the taxing
districts respectively:
PROVIDED, That
when any such county assessor shall find
that the aggregate rate of levy on any
property will exceed the limitation set
forth in RCW 84.52.043 and RCW 84.52.050
as now or hereafter amended, he shall
recompute and establish a consolidated
levy in the following manner:
'(1)
He shall include for extension on
the tax rolls the full rates of levy
certified to him for state, county, county
road districts; city and school district
purposes in amounts not exceeding the
limitations established by law:
PROVIDED,
That in the event of a levy made pursuant
to RCW 84.34.230, the rates of levy for
county, county road district, and school
district purposes shall be reduced in such
uniform percentages as will result in a
consolidated levy by such taxing districts
which will be no greater on any property
than a consolidated levy by such taxing
districts would be if the levy had not
been made pursuant to RCW 84.34.230, and
(2)
He shall include for extension on
the tax rolls the rates percent of the tax
levies certified to him by all other
taxing districts imposing taxes on such
property, other than port districts and
public utility districts, reduced by him
in such uniform percentages as will bring
[ 768
the consolidated tax levy on such property
within the provisions of such limitation.
[1973 1st ex.s. c 195 § 101; 1971 ex.s. c
243 § 6; 1970 ex.s. c 92 § 4; 1961 c 15 §
84.52.010. Prior:
1947 c 270 § 1; 1925
ex.s. c 130 § 74; Rem. Supp. 1947 § 11235•
prior:
1920 ex. s. c 3 § 1; 1897 c 71 §
62; 1893 c 124 § 63.]
~~~illiliiY
Effe£ii!~ date! n~ !erming,tiQ!l date~==Qenstruction--1973 1~ ex.s.
£ 1221. See notes following RCW 84.52.043.
84.52.042
LIMITATIONS
UPON
REGULAR
fiQf~~TY l l ! :LEVIES. --ilffECT!!]-UNU1
!UNO!!!! h 121hl. Within and subject to
the limitations imposed by RCW 84.52.050
the regular ad valorem tax levies by the
taxing districts hereinafter named upon
real and personal property shall be as
follows: The levy by any county shall not
exceed four mills; the levy by or for any
school district shall not exceed eight
mills; the levy for any road district
shall not exceed five mills; and the levy
by or for any city or town shall not
exceed seven and one-half mills: PROVIDED
FURTHER, That counties of the fifth class
and under are hereby authorized to levy
from four to five and one-half mills for
general county purposes and from three and
one-half to five mills for county road
purposes if the total levy for both purposes does not exceed nine mills: PROVIDED FURTHER, That counties of the fourth
and the ninth class are hereby authorized
to levy four ana one-half mills until such
time as the junior taxing agencies are
utilizing all the millage available to
them.
Nothing herein shall prevent levies at
the rates provided by existing law by or
for any port or power district.
It is the intent of the legislature that
the provisions of this section shall supersede all conflicting provisions of law
including section 24, chapter 299, Laws of
1971 ex. sess. and section 8, chapter 124,
Laws of 1972 ex. sess. [1973 1st ex.s. c
195 § 135. J
REffiAR
sq.52.043
&IMITATIQ!§.
UPON
JANUARY
PRQfERTY !!! 1!!llh
1EFUQI!~
the
h
J974.)
Within and subject
limitations imposed by RCW 84.52.050 as
amended, the regular ad valorem tax levies
upon real and personal property by the
taxing districts hereafter named shall be
as follows: The levy by the state shall
not exceed three dollars and sixty cents
per thousand dollars of assessed value
adjusted to the state equalized value in
accordance with the indicated ratio fixed
by the state department of revenue to be
used exclusively for the support of the
common schools; the levy by any county
shall not exceed one dollar and eighty
cents per thousand dollars of assessed
value; the levy for any road district
shall not exceed two dollars and twenty-
to
)
LEVY OF TAXES
84.52.043
---------------------------------------------------------------five cents per thousand dollars of assessed value; and the levy by or for any
city or town shall not exceed three dollars and thirty-seven and one-half cents
per thousand dollars of assessed value:
PROVIDED FURTHER, That counties of the
fifth class and under are hereby authorized to levy from one dollar and eighty
cents to two dollars and forty-seven and
one-half cents per thousand dollars of
assessed value for general county purposes
and from one dollar and fifty-seven and
one-half cents to two dollars and twentyfive cents per thousand dollars of assessed value for county road purposes if
the total levy for both purposes does not
exceed four dollars and five cents per
thousand dollars of assessed value: PROVIDED FURTHER, That counties of the fourth
and the ninth class are hereby authorized
to levy two dollars and two and one-half
cents per thousand dollars of assessed
value until such time as the junior taxing
agencies are utilizing all the dollar
rates available to them: AND PROVIDED
FURTHER, That the total property tax levy
authorized by law without a vote of the
people shall not exceed nine dollars and
fifteen cents . per thousan~ dollars of
assessed value. Levies at the rates provided by existing law by or for any port
or public utility district shall not be
included in the limitation set forth by
this proviso.
Nothing herein shall prevent levies at
the rates provided by existing law by or
for any port or power district.
It is the intent of the legislature that
the provisions of this section shall supersede all conflicting provisions of law
including section 24, chapter 299, Laws of
1971 ex. sess. and section 8, chapter 124,
Laws of 1972 ex. sess. [ 1973 1st ex.s. c
195§134.]
2gxfin~ility _1.973 1§.! ~2.!.. £ lli.i.
"If
any provision of this 1973 amendatory 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." [1973 1st ex.s. c
1 95 § 153. )
~tiiDiyg
1~11
1§.!
dat.e§ and mmins1iQ!l
~~-s.
£
12~
li!§
~ID~n.~g~
gn~-:::
Q! 121J
£nd g~. d2.!.. £ .!l..:.l.i.
"This 1973 amendatory
act, chapter 195, Laws of 1973, 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 immediately:
PROVIDED, That
section 9 shall take effect January 1,
1975, and section 133 (3)
shall take
effect on January 31, 1974:
PROVIDED,
FURTHER, That section 137 shall not be
effective until July 1, 1973, at which
time section 136 shall be void and of no
effect:
PROVIDED, FURTHER, That section
138 shall not be effective until January
1973 RCW SUPP.
1, 1974, at which time section l37 shall
be void and of no effect:
PROVIDED,
FURTHER, That section 139 shall not be
effective until July 1, 1974 at which time
section 138 shall be void and of no
effect, and section 139 shall be null and
void and of no further effect on and after
January 1, 1975: PROVIDED, FURTHER, That
sections 1 through 8, sections 10 through
132, section 133 (1), (2), (4), and (5),
and section 134 shall not take effect
until January 1, 1974, at which time
sections 135,
136, and
sections
140
through 151 shall be void and of no
effect: PROVIDED, FURTHER, That section
152 shall be void and of no effect on and
after January 1, 1975. 11 [1973 2nd ex.s. c
4 § 3; 1973 1st ex.s. c 195 § 154.)
1st §~.!..2.!.. £ 195:
152 of this 1973
amendatory act shall apply to tax levies
made in 1973 for collection in 197q, and
sections 1 through 134 shall apply to tax
levies made in 1974 and each year thereafter for collection in 1975 and each year
thereafter." (1973 1st ex.s. c 195 §
155.]
construction--1973
11
Sections135- through
RgYi§gi~ note:
The foregoing annotations apply to the amendments by 1973 1st
ex.s. c 195 to RCW 14.08.290, 17.28.100,
17.28.252, 17.28.260, 27.12.050,
27.12.070, 27.12.150, 27.16.020, 28A.41.130,
285.20.394, 35.07.180, 35.10.240, 35.10.315, 35.13.172, 35.21.430, 35.23.470, 35.24.350, 35.30.020, 35.31.060, 35.32A.060,
35.33.145, 35.56.190, 35.58.090, 35.58.450, 35.61.210, 35!.14.220, 35A.31.070,
35A.33.145, 35A.40.090, 36.32.350, 36.33.140, 36.33.220, 36.40.090, 36.40.300, 36.47.040, 36.54.080, 36.62.090, 36.68.480,
36.68.520, 36.69.140, 36.82.040, 36.93.110, 41.16.060, 41.26.040. 45.72.050, 45.82.020, 46.68.120, 52.C8.030, 52.08.060,
52.16.080, 52.16.120-~2.16.140, 52.16.160,
53.C6.040, 53.36.020,
53.36.070,
53.36.100, 53.47.040, 54.16.080, 56.04.050, 56.08.110, 56.16.010, 56.16.030, 56.16.040,
56.16.115, 57.04.050, 57.08.110, 57.16.020, 57.16.040, 57.20.010, 57.20.015, 57.20.100, 58.08.040, 65.12.660, 65.12.790,
68.16.230, 70.12.010, 70.32.010, 70.32.090, 70.33.040, 70.35.070, 70.44.060, 70.94.091, 71.20.110, 73.08.080, 76.04.360,
84.04.140, 84.28.090, 84.33.050, 84.33.060, 84.33.080, 84.33.140, 84.34.230, 84.36.270, 84.40.030, 84.40.040, 84.40.320,
84.48.080,
84.48.085,
84.52.010#
84.54.052-84.52.056, 84.52.061, 84.52.063,
84.52.065, 84.55.030-84.55.050, 84.56.180,
85.15.030, 85.15.060, 85.15.070, 85.15.140, 85.18.010, 85.18.030, 85.18.080, 85.18.150, 85.24.250, 85.32.030-85.32.060,
85.32.100-85.32.120, 85.32.210, 85.36.030,
86.12.010, 86.13.010, 86.15.160 and 87.84.070, and to RCW 28!.41.210, 84.52.042 and
84.52.043, and to the repeal of RCW 17.12.070, 17.16.120, 28A.48.110, 74.04.150,
84.52.061 and 84.54.020.
[ 769 J
PROPERTY TAXES
--------------------------------------------------------------------------------------~ff~!i~ g.§!~2I.J llill ~!...:.~..:. £
.!l.i.
"Sections 4 through 6 of this 1973 amendatory act shall be effective on and after
January 1,
1974. 11 (1973 2nd ex.s. c 4 §
6.] Sections 4 and 5 are codified in RCW
70.12.010 and 73.08.080, section 6 being
set out above.
~nUI~!lCY
1973 lM !ah~ £ .!l.i.
"Except
as otherwise in this 1973 amendatory act
provided, this 1973 amendatory 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 immediately." [1973 2nd
ex.s. c 4 § 7.] This 1973 amendatory act
consists of RCW 28A.41.130 (as amended by
1973 2nd ex.s. c 4 § 1), 28A.41.210,
70.12.010, 73.08.080 and sections 3, 6 and
7 of 1973 2nd ex.s. c 4 set out above.
84.52.050
LIMITATION OF LEVIES.
Except as hereinafter-provided, the--aggregate of all tax levies upon real and
personal property by the state and all
taxing districts, now existing or hereafter created, shall not in any year exceed
one percentum of the true and fair value
of such property in money: PROVIDED, HOWEVER, That nothing herein shall prevent
levies at the rates now provided by law by
or for any port or public utility district. The term "taxing district" for the
purposes of this section shall mean any
political subdivision, municipal corporation,
district, or other governmental
agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port or public utility
district.
Such aggregate limitation or
any specific limitation imposed by law in
conformity therewith may be exceeded only
as authorized by law and in conformity
with the provisions of Article VII, section 2 (a), (b), or (c) of the Constitution of the state of Washington.
Nothing herein contained shall prohibit
the
legislature
from
allocating
or
reallocating the authority to levy taxes
between the taxing districts of the state
and its political subdivisions in a manner
which complies with the aggregate tax
limitation set forth in this section.
( 1973 1st ex.s. c 194 § 1; 1973 c 2 § 1
(Initiative Measure No. 44). Prior:
1972
ex.s. c 124 § 8; 1971 ex.s. c 299 § 24;
1970 ex.s. c 92 § 5; 1970 ex.s. c 8 § 4;
prior:
1969 ex.s. c 262 § 65; 1969 ex.s.
c 216 § 1; 1967 ex.s. c 133 § 3; 1961 c
143 § 1; 1961 c 15 § 84.52.050; prior:
1 9 57 c 2 6 2 § 1 ; 1 9 53 c 115 § 1 ;
19 51 2nd
ex.s. c 23 § 2; 1951 c 255 § 1, part; 1950
ex.s. c 11 § 1, part;
1945 c 253 § 1,
part; 1941 c 176 § 1, part; 1939 c 83 § 1,
part; 1939 c 2 (Init. Meas. No. 129); 1937
c 1 (Init. Meas. No. 114); 1935 c 2 (!nit.
Meas. No. 94) ; 1933 c 4 (Init.
Meas.
No.
64); cf. RRS § 11238, 11238-1a, 11238-lb,
11238-1c, 11238-1d; Rem. Supp. 1941 §
11238; Rem. Supp. 1945 § 11238-1e.]
84.52.052
]!fg~ 1~VI]~
AOTHORIZED-~~B==PRQ~!QYE!~ ~FF]£!1~ Yiiii-~jiuja!
1L 197~ The limitations imposed by Rei
84.52.050 through 84.52.056 and RCW 84.52.042, shall not prevent the levy of additional taxes by any taxing district in
which a larger levy is necessary in order
to prevent the impairment of the obligation of contracts.
Any county, school
district, metropolitan park district, park
and recreation district in class AA counties and counties of the second, eighth
and ninth class, sever district, water
district, public hospital district, rural
county library district, intercounty rural
library district, fire protection district, cemetery district, city or town may
levy taxes at a rate in excess of the rate
specified in RCW 84.52.050 through 84.52.056 and RCW 84.52.042, or RCW 84.55.010
through 84.55.050, when authorized so to
do by the electors of such county, school
district, metropolitan park district, park
and recreation district in class AA counties and counties of the second, eighth
and ninth class, sewer district, water
district, public hospital district, rural
county library district, intercounty rural
library district, fire protection dis+.rict, cemetery district, city or town in
the manner set forth in Article VII,
section 2 (a) of the Constitution of this
state, as amended by Amendment 59 and as
thereafter amended, at a special election
to be held in the year in which the levy
is made.
A special election may be called and the
time therefor fixed by the board of county
commissioners or other county legislative
authority, board of school directors, or
council, board of commissioners, or other
governing body of any metropolitan park
district, park and recreation district in
class AA counties and counties of the
second, eighth and ninth class, sewer
district, water district, public hospital
district, rural county library district,
intercounty rural library district, fire
protection district, cemetery district,
city or town, by giving notice thereof by
publication in the manner provided by law
for giving notices of general elections,
at which special election the proposition
authorizing such excess levy shall be
submitted in such form as to enable the
voters favoring the proposition to vote
"yes" and those opposed thereto to vote
"no". [1973 1st ex.s. c 195 § 147; 1973 c
3 § 1; 1971 ex.s. c 288 § 26; 1965 ex.s. c
113 § 1; 1963 c 112 § 1; 1961 c 15 §
84.52.052. Prior:
1959 c 304 § 8; 1959 c
290 § 1; 1957 c 58§ 15; 1957 c 32 § 1;
1955 c 93 § 1; 1953 c 189 § 1; 1951 2nd
ex.s. c 23 § 3; prior: 1951 c 255 § 1,
part; 1950 ex.s. c 11 § 1, part; 1945 c
253 § 1, part; 1941 c 176 § 1, part; 1939
c 83 § 1, part; 1939 c 2 (!nit. Meas. No.
129); 1937 c 1 (Init. !'leas. No. 114); 1935
(!nit.
c 2 (Ini t. Meas. No. 94) ; 1933 c 4
Meas. No. 64); Rem. supp. 1945 § 11238-1e,
part. }
[ 770 ]
84.52.056
LEVY OF TAXES
--------------------------------------------------------------------------------------§.!U§£a~UU.Y::-U.f~ti~ aat~ a!!~
t§£mi.:
129);
c 2
Meas.
part.
nM,iQ.n da!.~=~2.!l§J:.llQii21l=12D. 12!. ~§..!..
195~ See notes following RCW 84.52.043.
c
--
84.52.052
~~~§.§.
~~!!~§.
!QitlQR!~lQ==
WHEN--PROCEDURE.
J!~]~QME~I
!lflCT!!]
~!RQAix-1:-1974:t The limitations imposed
by RCW 84.52.050 through 84.52.056, and
RCW 84.52.043 shall not prevent the levy
of additional taxes by any taxing district
in which a larger levy is necessary in
order to prevent the impairment of the
obligation of con tracts.
Any
county,
school district, metropolitan park district, park and recreation district in
class AA counties and counties of the
second, eighth and ninth class, sewer
district, water district, public hospital
district, rural county library district,
intercounty rural library district, fire
protection district, cemetery district,
city or town may levy taxes at a rate in
excess of the rate specified in RCW 84.52.050 through 84.52.056 and RCW 84.52.043,
or RCW 84.55.010 through 84.55.050, when
authorized so to do by the electors of
such county, school district, metropolitan
park district,
park and recreation district in class AA counties and counties of
the second, eighth and ninth class, sewer
district, water district, public hospital
district, rural county library district,
intercounty rural library district, fire
protection district, cemetery district,
city or town in the manner set forth in
Article VII, section 2 {a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended, at a
spgcial election to be held in the year in
which the levy is made.
A special election may be called and the
time therefor fixed by the board of county
commissioners or other county legislative
authority, board of school directors, or
council, board of commissioners, or other
governing body of any metropolitan park
district, park and recreation district in
class AA counties and counties of the
second, eighth and ninth class, sewer
district, water district, public hospital
district, rural county library district,
intercounty rural library district, fire
protection district, cemetery district,
city or town, by giving notice thereof by
publication in the manner provided by law
for giving notices of general elections,
at which special election the proposition
authorizing such excess levy shall be
submitted in such form as to enable the
voters favoring the proposition to vote
"yes" and those opposed thereto to vote
"no". (1973 1st ex.s. c 195 § 102; 1973 c
3 § 1; 1971 ex.s. c 288 § 26; 1965 ex.s. c
113 § 1; 1963 c 112 § 1; 1961 c 15 §
84.52.052. Prior: 1959 c 304 § 8; 1959 c
290 § 1; 1957 c 58§ 15; 1957 c 32 § 1;
1955 c 93 § 1; 1953 c 189 § 1;
1951 2nd
ex.s. c 23 § 3; prior: 1951 c 255 § 1,
part; 1950 ex.s. c 11 § 1, part;
1945 c
253 § 1, part; 1941 c 176 § 1, part; 1939
c 83 § 1, part; 1939 c 2 (Init. Meas.
No.
1973 RCW SUPP.
[
1937 c 1 (Init. Meas. No. 114); 1935
(Init. Meas. No. 94); 1933 c 4 (Init.
No. 64); Rem. Supp. 1945 § 11238-1e,
]
84.52.054
EXCESS
LEVIES--BALLOT
~ON=
ll.!i!S-=~!ENI!!Ak-DOtbAR fiAT~ ON IAK--EQ1~§..!..
The additional tax provided for in subparagraph (a) of the seventeenth amendment to
the
state Constitution as amended by
Amendment 59 and specifically authorized
by RCW 84.52.052 shall be set forth in
terms of dollars on the ballot of the
proposition to be submitted to the voters,
together with an estimate of the dollar
rate of tax levy that will be required to
produce the dollar amount; and the county
assessor, in spreading this tax upon the
rolls, shall determine the eventual dollar
rate required to produce the amount of
dollars so voted upon, regardless of the
estimate of dollar rate of tax levy carried in said proposition. [1973 1st ex.s.
c 195 § 103; 1961 c
15 § 84.52.054.
Prior:
1955 c 105 § 1.]
84.52.056
f!!B~Q§.ES
liCE.§§.
A!!IHQRIZED~
1~VI~~
IQR
~!!~!!!~
£!.U!A1
YHII~
JA.!f!!!lli .L. lill.:.l Any municipal corporation otherwise authorized by law to issue
general obligation bonds for capital purposes may, at an election duly held after
giving notice thereof as required by law,
authorize the issuance of general obligation bonds for capital purposes only,
which shall not include the replacement of
equipment, and provide for the payment of
the principal and interest of such bonds
by annual levies in excess of the tax
limitations contained in RCW 84.52.050 to
84.52.056, inclusive and RCW 84.52.042.
Such an election shall not be held oftener
than twice a calendar year, and the proposition to issue any such bonds and to
exceed said tax limitation must receive
the affirmative vote of a three-fifths
majority of those voting on the proposition and the total number of persons
voting at such election must constitute
not less than forty percent of the voters
in said municipal corporation who voted at
the last preceding general state election.
Any taxing district shall have the right
by vote of its governing body to refund
any general obligation bonds of said district issued for capital purposes only,
and to provide for the interest thereon
and amortization thereof by annual levies
in excess of the tax limitations provided
for in RCW 84.52.050 to 84.52.056,
inclusive and RCW 84.52.042. [1973 1st ex.s. c
195 § 148; 1961 c 15 § 84.52.056.
Prior:
711
J
84.52.056
PROPERTY TAXES
-----~--------------------------------------------------------------------------------
1959 c 290 § 2; 1951 2nd ex.s. c 23 § 4;
prior: 1951 c 255 § 1, part; 1950 ex.s. c
11 § 1, part; 1945 c 253 § 1, part; 1941 c
176 § 1, part; 1939 c 83 § 1, part; 1939 c
2 (Init. !'leas. No. 129); 1937 c 1 (!nit.
Meas. No. 114); 1935 c 2 (Init. Meas. No.
94); 1933 c 4 (Init. Meas. No. 64); Rem.
supp. 1945 § 11238-1e, part.]
84.52.056
~£~~~
gY]POSE§ !QillORlZ~Q~
fQR £Ali!A1
1~!1~
J!~]]Q~~!! !rr~£!1!~
1L j174~l Any municipal corporation otherwise authorized by law to issue
general obligation bonds for capital purposes may, at an election duly held after
giving notice thereof as required by law,
authorize the issuance of general obligation bonds for capital purposes only,
which shall not include the replacement of
equipment, and provide for the payment of
the principal and interest of such bonds
by annual levies in excess of the tax
limitations contained in RCW 84.52.050 to
84.52.056, inclusive and RCW 84.52.043.
such an election shall not be held oftener
than twice a calendar year, and the proposition to issue any such bonds and to
exceed said tax limitation must receive
the affirmative vote of a three-fifths
majority of those voting on the proposition and the total number of persons
voting at such election muSt constitute
not less than forty percent of the voters
in said municipal corporation who voted at
the last preceding general state election.
Any taxing district shall have the right
by vote of its governing body to refund
any general obligation bonds of said district issued for capital purposes only,
and to provide for the interest thereon
and amortization thereof by annual levies
in excess of the tax limitations provided
for in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043. (1973 1st ex.s. c
195 § 104; 1961 c 15 § 84.52.056. Prior:
1959 c 290 § 2; 1951 2nd ex.s. c 23 § 4;
prior: 1951 c 255 § 1, part; 1950 ex.s. c
11 § 1, pat:t; 1945 c 253 § 1, part; 1941 c
176 § 1, part; 1939 c 83 § 1, part; 1939 c
2 (Init. Meas. No. 129); 1937 c 1 (Init.
Meas. No. 114); 1935 c 2 (Init. Meas. No.
94) ; 1933 c 4 (Init. !'leas. No. 64); Rem.
Supp. 1945 § 11238-1e, part.)
~ANY!RY
~tltl~Q~li:tY:=-Effec:t~E
da!§§ ~nd itlmi=
lllll&!! 9.s!es:=-Con.§i£Y£iion=1273 1st ~~~
£
195~
Se~
notes following RCW 84.52.043.
84.52.061
!!!IN~ DISI~I£I ~!£!§~
LE!=
IES AUTHORIZED BY PROVISIONS Qf Ql]]li 1!!~
{EFfiCTIIE YiTib-JANUARX--1~ 121~t
Any
taxing district, as defined in RCW 84.04.120, authorized by prov~s~ons of law
other than RCW 84.52.052 to levy taxes in
[ 772
excess of the limitation provided for in
Article VII, section 2 of the state Constitution, as amended, or in excess of a
statutory millage limitation specifically
applicable to such district, is hereby
authorized to levy taxes in any year in
excess of the applicable general limitation contained in RCW 84.52.050, as now or
hereafter amended, or in excess of onehalf of such specific statutory millage
limitation, under the same conditions applicable to a levy by such district in
excess of the limitation or in excess of
such specific statutory millage limitation. (1973 1st ex.s. c 195 § 149; 1970
ex.s. c 92 § 8.]
~§.~gbiJJ.. iY=Effecti!§ dates g_n_g. ter!!!k
ng_i12J! gate§=~nstr)!£ti.Q!l--12.73 12i ~1.!.2.!.
£ 195: See notes following RCW 84.52.043.
84.52.063
EQRA~
LI~RARY ~~IEICT ~EV=
!l!l!Q!RY 1L 12ll.!.l.
A rural library district may impose a
regular property tax levy in an amount
equal to that which would be produced by a
levy of one mill multiplied by an assessed
valuation equal to fifty percent of the
true and fair value of the taxable property in the rural library district, as
determined by the department of revenue• s
indicated county ratio:
PROVIDED, That
when any county assessor shall find that
the aggregate rate of levy on any property
will exceed the limitation set forth in
RCW 84.52.050, as now or hereafter amend·
ed, before recomputing and establishing a
consolidated levy in the manner set forth
in RCW 84.52.010, the assessor shall first
reduce the levy of any rural library
district, by such amount as may be necessary, but the levy of any rural library
district shall not be reduced to less than
one mill against the value of the taxable
property, as determined by the county,
prior to any further adjustments pursuant
to RCW 84.52.010. For purposes of this
section "regular property tax levy" shall
mean a l~vy subject to the one percentum
limitation provided for in Article VII,
section 2 of the state
Constitution.
[1973 1st ex.s. c 195 § 150; 1970 ex.s. c
92 § 9.]
U~~
J
_ilFFE~!IVE UNTil
LIMITATIONS UPON REGULAR PROPERTY TAXES
84.55.030
--------------------------------------------------------------------------------------84.52.063
rEs.
I97~~l
EQRA1 1!~]ARY Q!~IS!~I
JA~~BQ~EB1
~rrE~IlYE
1]!=
~!BY!EI
lL
A rural library district may impose a regular property tax levy in an
amount equal to that which would be produced by a levy of fifty cents per thousand dollars of assessed value multiplied
by an assessed valuation equal to one
hundred percent of the true and fair value
of the taxable property in the rural
library district,
as determined by the
department of revenue's indicated county
ratio: PROVIDED, That when any county
assessor shall find that the aggregate
rate of levy on any property will exceed
the limitation set forth in RCW 84.52.043
and RCW 84.52.050, as now or hereafter
amended, before recomputing and establishing a consolidated levy in the manner set
forth in RCW 84.52.010, the assessor shall
first reduce the levy of any rural library
district, by such amount as may be necessary, but the levy of any rural library
district shall not be reduced to less than
fifty cents per thousand dollars against
the value of the taxable property, as
determined by the county, prior to any
further adjustments pursuant to RCW 84.52.010. For pu,poses of this section "regular property tax levy" shall mean a levy
subject to the limitations provided for in
Article VII, section 2 of the state Constitution and/or by statute.
[1973 1st
ex.s. c 195 § 105; 1970 ex.s. c 92 § 9.]
§TAlE 1E!! IQR §~RI Q!
In each year the state
shall levy for collection in the following
year for the support of common schools of
the state a tax of three dollars and sixty
cents per thousand dollars of assessed
value upon the assessed valuation of all
taxable property within the state adjusted
to the state equalized value in accordance
with the indicated ratio fixed by the
state department of revenue.
[1973 1st
ex.s. c 195 § 106; 1971 ex.s. c 299 § 25;
1969 ex.s. c 216 § 2; 1967 ex.s. c 133 §
84.52.065
f~~QB
§CHOQ1~~
Chapter 84.55
LIMITATIONS UPON REGULAR PROPERTY TAXES
84.55.010
LIMITATIONS PRESCRIBED--RESTORATION OF
BEQUL!R---LEVY.----lEXPJRi~
Qg~g~~!R 1~ !97§.:.1 Except as provided in
RCW 84.55.020 through 84.55.050, the levy
in 1973 and years subsequent thereto for a
taxing district other than the state or a
school district in any year shall be set
so that the regular property taxes payable
in the following year shall not exceed one
hundred six percent of the amount of
regular property taxes lawfully levied for
such district in the highest of the three
most recent years in which such taxes were
levied for such district plus an additional dollar amount calculated by multiplying
the increase in assessed value in that
district resulting from new construction
and improvements to property by the regular property tax levy rate of that district for the preceding year: (PROVIDED,
That if a taxing district has not levied
in the three most recent years and elects
to restore a regular property tax levy
subject to applicable statutory limitations then such first restored levy shall
be set so that the regular property tax
payable shall not exceed the amount which
could have been lawfully levied in 1973,
plus an additional dollar amount calculated by multiplying the increase in assessed
value in the district since 1973 resulting
from new construction and improvements to
property by the property tax rate which is
proposed to be restored, or the maximum
amount which could be lawfully levied in
the year such a restored levy is proposed.')
(1973 1st ex.s. c 67 § 1; 1971 ex.s. c 288
§ 20. ]
E!.Eillii2!!.=::ll73 !st gL,.e.:. £ 67:
"The
provisions of this act shall-expire on ~
December 31, 1978." [1973 1st ex.s. c 67
§ 2. ]
1• ]
§tl~s,.f!ilj.ty
Ell~.tive ~.:!:.g§
g.nd !,ermi=
natiou g__ates=f2!!.llJJ!£tiou=1.973 1st ~.:.
£ 1~~ See notes"following RCW 84.52.043.
Chapter 84.54
ADDITIONAL LIMITATIONS ON REGULAR PROPERTY
TAX REVENUES
Q! Rg§yLAR lRQR=
[1970 ex.s. c 92 § 7; 1967
ex.s. c
146 § 2; 1965 ex.s. c 174 § 2.]
Repealed by 1973 1st ex.s. c 195 § 133,
effective January 1, 1974.
84.54.020
~RT!
!A!
1!!!~
1973 RCW SUPP.
11~!IA!!Q~
84.55.030
LIMITATION UPON FIRST ~~!!
FOLtOW!BQ !NBEXATION.--For-the-first levy
for a taxing district following annexation
of additional property. the limitation set
forth in RCW 84.55.010 shall be increased
by an amount equal to (1) the aggregate
assessed valuation of the newly annexed
property as shown by the current completed
and balanced tax rolls of the county or
counties within which such property lies,
multiplied by (2) the dollar rate that
would have been used by the annexing unit
in the absence of such annexation,
plus
(3) the additional dollar amount calculated by multiplying the increase in assessed
value in the annexing district resulting
from new constructions and improvements to
property by the regular property tax levy
[ 773 ]
84.55.030
PROPERTY TAXES
--------------------------------------------------------------------------------------rate of that annexing taxing district for
the preceding year. [1973 1st ex.s. c 195
§ 107; 1971 ex. s. c 288 § 22. J
84.55.040
INCB!~~ !! ~I!IYI~I MI11=
AGE l!IMITATIO!.:. Q;ITEllY~ !!!!!;& !!!!ill!!!!
1~
197~
If by reason of the operation
of RCW 84.52.050 and RCW 84.52.042, as now
or hereafter amended the statutory millage
limitation applicable to the levy by a
taxing district has been increased over
the statutory millage limitation applicable to such taxing district's levy in the
preceding year, the limitation on the
dollar amount of a levy provided for in
this chapter shall be increased by multiplying the otherwise dollar limitation by
a fraction, the numerator of which is the
increased millage limitation and the denominator of which is the millage limitation for the prior year. [1973 1st ex.s.
c 195 § 151; 1971 ex.s. c 288 § 23.]
~gig~s~ili1~-E1!~1i!g ~ig§
ns!i2n
£
122~
g~~~~2n~1~£1i2n==121J
snd
!~mi=
121
~2~
See notes following RCW 84.52.043.
84.55.040
!!~B]!§~ 1] ~!IY!QRY QQ11!£
J!AT£; l!!lUTA.II.Qh
1A~]l!DM.£;!I
ill~f!IV]
~ANY!!!!
1L 12~~t If by reason of the
operation of RCW 84.52.043 and RCW 84.52.050, as now or hereafter amended the
statutory dollar rate limitation applicable to the levy by a taxing district has
been increased over the statutory millage
limitation applicable to such taxing district's levy in the preceding year, the
limitation on the dollar rate amount of a
levy provided for in this chapter shall be
increased by multiplying the otherwise
dollar limitation by a fraction, the numerator of which is the increased dollar
limitation and the denominator of which is
the dollar limitation for the prior year.
( 1973 1st ex.s. c 195 § 108; 1971 ex.s. c
288 § 23.]
EL~CTIQ!
!Q AY.IBQBI~~ 1!=
REGULAR PROPERTY TAX LEVYgBQg,f;DUJ!~~ subject to-an¥--otherwise--ap=
plicable statutory dollar rate limitations, regular property taxes may
be
levied by or for a taxing district in an
amount exceeding the limitations provided
for in RCW 84.55.010 through 84.55.040 if
such levy is authorized by a proposition
approved by a majority of the voters of
the taxing district voting on the proposition at a general election held within the
district or at a special election within
84.55.050
~]!;.b~~
1]
the taxing district called by the district
for the purpose of submitting such proposition to the voters. Any election held
pursuant to this section shall be held not
more than twelve months prior to the date
on which the proposed levy is to be made.
The ballot of the proposition shall state
the dollar rate proposed. After a levy
authorized pursuant to this section is
made, the dollar amount of such levy shall
be used for the purpose of computing the
limitations for subsequent levies provided
for in this chapter. ( 1973 1st ex. s. c
195 § 109; 1971 ex.s. c 288 § 24.)
Chapter 84.56
COLLECTION OF TAXES
84.56.180
TRANSIENT IRAQ~J!L I!!!IIQH
QI ME]&ll!N~I2] QF.--Whenever any person,
firm or corporation, shall, subsequent to
the first day of January of any year,
bring or send into any county from outside
the state any stock of goods or merchandise to be sold or disposed of in a place
of business temporarily occupied for their
sale, without the intention of engaging in
permanent trade in such place, the owner,
consignee or person in charge of the said
goods or merchandise shall immediately
notify th~ county assessor, and thereupon
the assessor shall at once proceed to
value the said stock of goods and merchandise at its true value, and upon one
hundred percent of such valuation ~he said
owner, consignee or person in charge shall
pay to the collector of taxes a tax at the
rate assessed for state, county and local
purposes in the taxing district in the
year then current.
And it shall not be
lawful to sell or dispose of any such
goods or merchandise as aforesaid in such
taxing district until the assessor shall
have been so notified as aforesaid and the
tax assessed thereon paid to the collector.
Every person, firm or corporation
bringing into any county of this state
from outside the state any goods or merchandise after the first ·d.ay of January
shall be deemed subject to the provisions
of this section.
This section shall not apply to goods or
merchandise consigned to a person for sale
at such person's permanent place of business within this state, if ~uch person is
required to list such goods or merchandise
pursuant to RCW 84.40.185.
[1973 1st
ex.s. c 195 § 110; 1969 ex.s. c 124 § 5;
1961 c 15 § 84.56.180. Prior: 1939 c 206
§ 46; 1925 ex.s. c 130 § 105; RRS § 11266;
prior: 1899 c 141 § 12; 1897 c 71 § 84.]
( 174 ]
REFUNDS
84.69.070
--------------------------------------------------------------------------------------84.56.230
~Q~1~1X
~~!RI~Y!!Q~
TAX~ £Qb1EC!!Q~ On the first day of
Q!
each
month the county treasurer shall distribute pro rata, according to the rate of
levy for each fund, the amount collected
as consolidated tax during the preceding
month, and shall certify the same to the
county auditor:
PROVIDED, HOWEVER, That
the county treasurer, at his option,
may
distribute the total amount of such taxes
collected according to the ratio that the
levy of taxes made for each taxing district in the county bears to such total
amount collected. on or before the tenth
day of each month the county treasurer
shall turn over to the respective city
treasurers the cities• pro rata share of
all taxes collected for the previous month
and take receipts therefor in duplicate,
and shall certify to the city comptroller
or other accounting officer of each such
city the amount of such taxes so collected
and turned over, and shall deliver with
such certificate one copy of the receipt
of the city treasurer therefor. [1973 1st
ex.s. c 43 § 1; 1961 c 15 § 84.56.230.
Prior: 1925 ex.s. c
130 § 93;
RRS §
11254; prior: 1890 p 564 § 95.]
vide refund of tax funds pursuant to state
levies is required, the state auditor and
department of revenue shall authorize adjustment procedures whereby counties may
deduct from property tax remittances to
the state the amount required to cover the
state•s portion of the refunds. [ 1973 2nd
ex.s. c 5 § 1; 1961 c 15 § 84.69.050.
Prior:
1957 c 120 § 5.]
84.69.060
REFUNDS
]l!fl
H~~E~£!
!Q
COUNTY AND STATE~AXES.
Fefunds ordered
under- this-chapter-with respect to county
and state taxes shall be paid by checks
drawn upon the appropriate fund by the
county treasurer: PROVIDED, That in making refunds on a county or district wide
basis, the county treasurer may make an
adjustment on the next property tax payment due for the amount of the refund
unless the taxpayer requests immediate
refund. (1973 2nd ex.s. c 5 § 2;
1961 c
15 § 84.69.060. Prior: 1957 c 120 § 6.]
84.69.070
B~!Y!Q~ HI!fi R~~E~f! IQ I!!=
!~2
QISigif!2==!QMINI~IBAI1!~
~!E~N2~~==
QI2EQ~IT!Q~ QI I]]Q2
QEQ] ]!EIB!l!Q] Ql
REFUND
84.56.300
ANNUAL REPORT OF COLLECTIONS
IQ fQ!lli1! !UDITOR~Onthe-first-Monday of
January of each year the county treasurer
shall balance up the tax rolls in his
hands and with which he stands charged on
the roll accounts of the county auditor.
He shall then report to the county auditor
in full the amount of taxes he has collected and specify the amount collected on
each fund.
He shall also report the
amount of taxes that remain uncollected
and delinquent upon the tax rolls, which,
with his collection and credits on account
of errors and double assessments, should
balance his roll accounts as he stands
charged.
He shall then report the amount
of collections on account of interest
since the taxes became delinquent, and as
added by him to the original amounts when
making such collections, and with which he
is nov to be charged by the auditor, such
reports to be duly verified by affidavit.
[1973 1st ex.s. c 45 § 1; 1961 c 15 §
84.56.300. Prior: 1925 ex.s. c 130 § 98;
RRS § 11259; prior:
1899 c 141 § 10; 1897
c 71 § 77; 1895 c 176 § 18; 1893 c 124 §
78; 1890 p 565 § 99.]
Chapter 84.69
REFUNDS
84.69.050
E]!UN~
WITH
R~~~~!
!Q
!MOQ!!~ E!!Q ~]~ -The part of the
refund representing amounts paid to the
state shall be paid from the county general fund and the state auditor shall, upon
the next succeeding settlement with the
county, certify this amount refunded to
the county:
PROVIDED, That when a state-
1973 RCW SUPP.
ORDERS.
Refunds ordered with re-
spect-to~axing districts shall be paid by
checks drawn by the county treasurer upon
such available funds, if any, as the
taxing districts may have on deposit in
the county treasury, or in the event such
funds are insufficient, then out of funds
subsequently accruing to such taxing district and on deposit in the county treasury. When such refunds are made as a
result of taxes paid under levies or
statutes adjudicated to be illegal or
unconstitutional all administrative costs
including interest paid on the refunds
incurred by the county treasurer in making
such refunds shall be a charge against the
funds of such districts and/or the state
on a pro rata basis until the county
current expense fund is fully reimbursed
for the administrative expenses incurred
in making such refund:
PROVIDED, That
whenever orders for refunds of ad valorem
taxes promulgated by boards of county
commissioners and unpaid checks shall expire and become void as provided in RCW
84.69.110, then any moneys remaining in a
refund account established by the county
treasurer for any taxing district may be
transferred by the county treasurer from
such refund account to the county current
expense fund to reimburse the county for
the administrative expense incurred in
making refunds as prescribed herein.
Any
excess then remaining in the taxing district refund account may then be transferred by the county treasurer to the
current expense fund of the taxing district for which the tax vas originally
levied and collected. [ 1973 2nd ex.s. c 5
§ 3; 1963 c 114 § 1; 1961 c 270 § 2;
1961
c 15 § 84.69.070. Prior:
1957 c 120 §
7. ]
[ 775 )
84.69.100
PROPERTY TAXES
--------------------------------------------------------------------------------------84.69.100
~.§.!=.!UUlliD!
REf~!~~ ~M!bk IM~bQ~ INT~~
PROTE§I~
!HIT S~QQ1ID.:. Re-
funds of taxes made pursuant to
RCW
84.69.010 through 84.69.090 shall include
interest at the rate of five percent per
annum from the date of collection of the
portion refundable or from the date of
claim for refund,
whichever is later:
PROVIDED, That refunds on a state, county,
or district wide basis during 1973 shall
not commence to accrue interest until six
months following the date of the final
order of the court.
No written protest by
individual taxpayers need to be filed to
receive a refund pursuant to *this 1973
amendatory act. [1973 2nd ex.s. c 5 § 4;
1961 c 15 § 84.69.100. Prior:
1957 c 120
§ 1 o. )
*Reviser's note: "this 1973 amendatory
act-..--conSISts-~amendments to RCW 84.69.050, 84.69.060, 84.69.070 and 84.69.100
by 1973 2nd ex.s. c 5.
TITLE 85
DIKING AND DRAINAGE
85.15.070
85.15.140
85.18.010
85.18.030
85.18.080
85.18.150
85.32.120
85.32.210
£h~£1g£ ~2.:.J§
85.36.030
£2n§Q1ida!!Qn
Property roll--Basis and requisites--Separate levies for prior indebtedness.
Reexamination of properties on
roll--Adjustment, periodic revision, of valuations.
Roll constitutes valuations
against which levy made and
collected-Hearing on
adjustments.
Levy is for continuous benefits
to protected property.
Levy for continuous benefits
authorized-Base benefits.
Hearing on roll--Determining
continuous base benefit.
Roll to provide basis for levy.
Levy is for continuous benefits
only.
21
~i§!Ii£!§.:.
Assessment of benefits.
Chapter 85.15
DIKING, DRAINAGE, SEWERAGE IMPROVEMENT
DISTRICTS--MAINTENANCE AND EXPANSION--1967
ACT
85.15.030
~~Eig£ ~2.:.12 ~ikingL ~£~insg~ sewg£gg~
ImEr~~~nt ~i§S!ict§==~sint~]a££~
sn4 ~xpan§iQn==1222 !£!.:.
85.15.060
85.32.110
PROP!RTY
REQ!!I§IT~§EPA.Mll
Sections added, amended, or repealed:
85.15.030
85.32.060
85.32.100
correct--Separate levies for
prior indebtedness--Adjustment
of roll.
Notice of hearing--Contents.
Reexamination of properties-Supplemental roll-Certification and filing.
Roll is base for benefits
against which levy made.
Levy for outstanding
indebtedness.
Levies are for continuous
benefits.
RQ1t=-~!~~
!!Q
!&liES fOR fRIOB U=
~~I!QNESS.
To operate under this chapter, the board of commissioners of the
improvement district shall cause to be
prepared and filed with the board of
county commissioners a property roll. The
roll shall contain:
(1)
A description of
all properties benefited and improvements
thereon which receive protection and service from the systems of the district with
the name of the owner or the reputed owner
thereof and his address as shown en the
tax rolls of the assessor or treasurer of
the county wherein the property is located
and (2)
the determined value of such land
and improvements thereon as last assessed
and equalized by the assessor of such
county or counties.
Such assessed and
equalized values shall be deemed prima
facie to be just, fair and correct valuations against which annual taxes shall be
levied for the operation of the district
and the maintenance and expansion of its
facilities.
If property outside of the limits of the
original district are upon the roll as
adopted ultimately, and the original district has outstanding bonds or long-term
warrants, the board of county commissioners shall set up separate dollar rate
levies for the full retirement thereof.
[1973 1st ex.s. c 195 § 111; 1967 c 184 §
4. )
Cha£tg£ 85.24 Qik.ing gnd Drain_ggg .!2i~
irict§ in !!9. Q~ 11Qf.g £QYntie§~
85.24.250
~unicipality
may contribute.
Cha£ig£ 85 • .J~ QrAina~ J1.l.2!!:i£i ~gnue
!£i 0 f 12.§1.:.
85.32.030
85.32.040
85.32.050
Powers of board in general.
Initial determination--Roll-Resolution, contents.
contents of roll--Assessed,
equalized value prima facie
85.15.060
REEXAMINATION
OF PROPERTIES
Q! ~911= AQ~Y~!~EN!L gERIODI~-g~yi§IQ~-Ql
VALUATIONS.
The board of county commissioners-may at any time reexamine the
properties on any roll, and upon receipt
[ 176 ]
LEVY FOR CONTINUOUS BENEFITS--DIKING
85.18.030
--------------------------------------------------------------------------------------of a petition from the board of supervisors of the di£trict or the written re·
quest of a property owner shall do so. If
it is found that the condition of such
property or properties has changed so that
such property should be eliminated from
any rolls on file,
or the
valuation
against which dollar rate is levied should
be lowered, it shall so determine and
enter an order adjusting the valuation as
to such properties and shall certify and
file a copy thereof with the treasurer of
the county wherein the property is situated, and the treasurer shall alter and
change the existing rolls accordingly.
valuations may be revised periodically to
reflect changes in real property valuations by the county assessor. [1973 1st
ex.s. c 195 § 112; 1967 c 18q § 7.)
85.15.070
85.18.010
LEVY FOR CONTINUOUS BENEFITS
!YI!!QRI~~Q==~A§i ~~!EFITS~--ihen-any--aik:
ing district has been organized and the
improvements made afford protection to
land and buildings within such district
against damage or destruction from overflow waters in that the level of the land
and of the foundational structures of
buildings thereon is below the water level
at flood or high tide stages of the
waters, fresh or salt, against which such
district improvements furnished protection, the board of diking commissioners of
such district may, under the procedure
established in this chapter, determine
such fact and by resolution so declare;
and may provide that the cost of continued
functioning of the district shall be paid
through levies of dollar rates made and
collected according
to
this
chapter
against the land and buildings thus protected, based upon the determined base
benefits received by such land and buildings. (1973 1st ex.s. c 195 § 115; 1951 c
45 § 2. ]
fQ~IIQI~~ !ALU!TIQ!~
~A12li
£QLL~£TEJ2=
AJ2JU~~~!.I2~
The roll approved
RQ11
!§!Ill§! ill~!! 11!!!
l!l!!.HI!fi Qlf
Chapter 85.18
LEVY FOR CONTINUOUS BENEFITS--DIKING
DISTRICTS
Aim
and certified to the county officers by
the board of county commissioners as in
this chapter provided shall constitute the
valuations of land, buildings and improvements furnished protection and services by
the systems of the district against which
valuation taxes shall be levied and collected annually in the same mann9r as
general taxes for the continuing operations: of the district and its systems. The
valuations on said roll shall be subject
to adjustment from time to time in the
manner provided in RCW 85.15.060.
The board of county commissioners shall
hold a hearing on such adjustments at the
county seat at the time of equalization of
real property assessments for the purpose
of considering written objections to any
revision of valuations filed at least ten
days prior to the hearing and shall give
published notice only of such hearing as
provided in RCW 85.15.040.
( 1973 1st
ex.s. c 195 § 113; 1967 c 184 § 8.]
85. 18.030
!!~ARIN!a ON RQ1L--DM.IDU1ll!ING
CONTINUOUS BASE BENEFIT.
After the roll
is-prepared-the board shall give notice of
a time and place at which the board will
hold a public hearing to determine whether
the facts and conditions heretofore recited in this chapter as a prerequisite to
its application do or do not exist, and if
so found to exist by said board at said
hearing, then the board shall by resolution so declare. The notice shall also
state that at said hearing, or any continuance thereof, the board will sit to
consider said roll and to determine the
continuous base benefits which each of the
properties thereon are receiving and will
receive from the continued operation and
functioning of such district, which shall
in no instance exceed one hundred percent
of the true and fair value of such property in money, will consider all objections
made thereto or to any part thereof, and
will correct, revise, lower, change, or
modify such roll as shall appear just and
equitable; that when correct benefits are
fixed upon said roll by said board, it
will adopt said roll by resolution as
establishing, until modified as hereinafter provided, the continuous base benefit
to said protected lands and buildings
against which will be levied and collected
dollar rates to provide funds for the
continuous functioning of said district.
[1973 1st ex.s. c 195 § 116; 1951 c 45 §
~gy~£~~ili!Y=_E!!~~!iY~ £~!~§ ~nd 1~£~1=
DA!i2~ £s~==&Qnst~ycti2ll==121J 1s! ex.§~
£ 1221
See notes following RCW 84.52.043.
85.'15 .140
FITS To
LEVY IS FOR CONTINUOUS BENE-
PnoTEc"Ti'D- Pnoi?iRTY.___ "T'he-aoliar
rat~ -1e;Ies--c0ile~~a--ir0m time to time
under this chapter are solely assessments
for benefits received continuously by the
protected properties, calculated in the
manner specified in this chapter as a just
and equitable way for all protected property to share the expense of such required
protection and services. [1973 1st ex.s.
c 195 § 114; 1967 c 184 § 15.]
4. ]
1973 RCW SUPP.
[
777
]
85.18.030
DIKING AND DRAINAGE
---------------------------------------------------------------~~~aQility--Effecii!£ datg~ a~ termi=
dates--construction--1~11 1st ~
n91iQn
£ 195;
value of property. [1973 1st ex.s. c
§ 119; 1909 c 225 § 19; RRS § 4379.]
195
See notes following RCW 84.52.043.
85.18.080
BQLk !Q fBOVID~ ft!SI~ KQB
Until further modified, amended, or
changed by an additional or supplemental
roll certified to the county auditor after
the foregoing procedure is had, the original roll, as modified or supplemented, if
the same is done, shall serve as the base
of benefits to the land and buildings
protected by the improvement system of
said district against which dollar rate is
levied and collected from time to time for
the continued functioning of said diking
district.
[1973 1st ex.s. c 195 § 117;
1951c45§9.]
1~
Severabilit! Eff~tive £sig§ and termi=
A!!iOA da~s--const£Y£tion--197l 1st ~~
£ ill~ See notes following RCW 84.52.043.
1M! IS £:Qg £Q!f!!l!Y~ ~=
The dollar rate levy returns
collected from time to time under this
chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner
specified in this chapter as a just and
equitable way for all protected property
to share the expense of such required
protection. [1973 1st ex.s. c 195 § 118;
1951 c 45 § , 6. ]
8 5 • 18. 150
f!!~ ONL~
Chapter 85.24
DIKING AND DRAINAGE DISTRICTS IN TWO OR
MORE COUNTIES
85.24.250
~I£1RA1!!X ~AX CO!Ili!BOT~~
Whenever it shall appear to the city
council of any incorporated city or town
not included or not wholly included within
the limits of any diking or drainage
district established hereunder, which incorporated city or town may be within a
county in which a portion of such district
is located that the construction and maintenance of such diking and drainage system
will be beneficial to the health of the
inhabitants of said incorporated city and
to the general welfare of the said city,
then the city council of said city is
hereby empowered and authorized to appropriate such amount of money out of the
general funds of the city as may to the
city council seem proper and just to such
diking and drainage system, or the city
council may for such purpose levy an
assessment upon all the property in said
city subject to taxation by said city,
which shall not exceed twelve and one-half
cents per thousand dollars of assessed
( 778
Chapter 85.32
DRAINAGE DISTRICT REVENUE ACT OF 1961
85.32.030
fQWERS Q£: ~!B~ IN GENERAb~
The board may:
(1)
Make initial determination that the district's facilities furnish benefit to improvements upon land as
well as land alone within the district in
protecting against and furnishing run-off
for surface and/or flood waters; (2)
Make
initial determination that lands and improvements thereon outside of the territorial limits of the district are receiving
a service from the facilities of the
district, and are benefited thereby in
that waters from such
lands
through
ditches, drains, or other artificial methods, other than by natural flow or seepage, are so cast as to have outlet through
the district's facilities;
(3) Determine
that properties so found to be served
should pay a just proportion of the operational and maintenance costs of the district; (4) In connection with so finding,
cause a roll of property thus served and
benefited by the district's facilities to
be prepared and filed with it, and give
notice of a hearing thereon as provided in
this chapter; (5) Hold public hearings to
determine the ultimate facts and approve
an ultimate roll of properties served and
benefited by the facilities of the district and valuations thereof to serve as a
basis against which annual dollar rate
levy may be assessed for continuous benefits furnished such properties; make revision thereof as the facts warrant from
time to time; provide for the levying of
such dollar rate levy; and make return of
such roll finally adopted by certifying
and filing a copy thereof with the auditor, assessor and treasurer of the county
wherein the properties involved are located. [1973 1st ex.s. c 195 § 120; 1961 c
131 § 4.]
85.32.040
I!II!A1
ROli=RE~Jl!!Q!!.L
Q~~lli!!lQ!==
CONTENTS.
In the initial instance, when--the--board of any
district, desires to use the method and
procedure provided in this chapter, and in
order that uniformity may be had, it may
cause a roll of all properties within the
district claimed to be benefited by its
drainage system, and in addition or as a
part thereof,
a roll of all properties
outside of the territorial limits of said
)
DRAINAGE DISTRICT REVENUE ACT OF 1961
85.32.060
--------------------------------~------------------------------------------------------
district claimed to be served and benefited by the drainage systems of said district, to be prepared and filed with it.
Thereupon, the board shall by resolution
declare:
(1) That it has made initial determination that the district's facilities are
furnishing and will furnish service and
benefit to the properties, including improvements
thereon, described in such
roll:
(~
That such roll has been filed with
it and will remain so filed and open to
inspection by any party interested therein
at all reasonable times;
(3)
That a public hearing will be held
by the board at a time and place stated to
give consideration to the facts and make
ultimate determination of the same and to
said roll;
(4) That when said roll is finally
adopted, annual dollar rate levies will be
made by the district against said properties based upon the valuation thereof as
shown on said roll when ultimately adopted
to raise money based on benefit and service for the continuous operation and maintenance of said district;
(5) That at the time of hearing, it
will hear all objections filed and will
review, adopt, modify, or revise said roll
consistent with existing facts to the end
that property receiving service and benefit from the facilities of the district
shall pay justly and equitably therefor in
proportion to benefit received and;
(6) That upon said hearing or adjournments thereof, the board will determine
the ultimate facts concerning service and
benefit received by all properties ultimately contained in said roll and as to
such properties it will adopt the roll in
final form and proceed as in this chapter
provided.
[1973 1st ex.s. c 195 § 121;
1 96 1 c 131 § 5. ]
.§.gy~~.Qili:t_y
Eff~ii~ ,gg:t_g§ ~nd i~i=
ggj:~=-constnctiQ.!!=197J 1st ~§.:.
natio11
g ~~
See notes following RCW 84.52.043.
85.32.050
£QNTENT.§. Ql ROL1~ASS!SSEDL
VAltUE PRill FACll £Q!U!!CT-gPA.=
RAT! LEVIE.§. lOR .f!liQ.Ii INDEBT!~NESS=ADÂ
~~TM!NT OF RQ11.:.
The roll of properties
referred to in this chapter shall contain
(1) a description of all properties and
improvements thereon, with the name of the
owner or the reputed owner thereof and his
address as shown on the tax rolls of the
assessor or treasurer of the county wherein the property is located, and (2) the
determined value of such land and improvements thereon as last assessed and equalized by the taxing agencies of
such
county.
Such assessed and equalized values shall be deemed prima facie as a just,
fair and correct base of value for consideration by the board in its determination
ultimately of the just and correct base of
value in each instance against which annual dollar rates shall be levied by the
!Q!!ALI~ED
197 3 RCW SUPP.
district for the operation of the district
and the expansion and maintenance of its
facilities.
If property outside of the territorial
limits of the district are upon the roll
as adopted ultimately, and the district
has prior indebtedness existing, the board
shall set up separate dollar rate levies
for the retirement thereof until it is
extinguished, which levies shall be applied solely against the properties within
the territorial limits of the district.
Adjustments of the roll shall be made
before final adoption in such a manner
that the money raised through annual dollar rate levies for maintenance, expansion
and operational costs of the district in
no instance shall exceed the value of the
service rendered or to be rendered and the
benefit received and to be received by the
property involved. [1973 1st ex.s. c 195
§ 12 2; 1961 c 13 1 § 6. ]
85.32.060
NQTICE OF fi!!RINQ=-CONTENTS.
When the board causes a property roll to
be filed with it and a hearing to be held
thereon as provided in this chapter, it
shall give notice of such hearing in the
following manner:
The notice shall be published at least
three times in consecutive issues in a
weekly newspaper, or once a week for three
consecutive weeks in a daily newspaper,
published in or near said district, and if
there is more than one such paper, then in
some paper chosen by the board having
general circulation in the area involved.
The last publication shall be more than
fifteen days prior to date of hearing.
The board also shall cause a copy of such
notice to be mailed in regular course of
the federal mail at least thirty days
prior to the date of such hearing to the
owner or reputed owner of such property at
his address, all as shown on the tax rolls
or records of the county taxing agencies
of the county wherein the property is
situated, such notice being deemed adequate and sufficient. The sworn affidavit
of the one doing such mailing shall be
deemed conclusive of the fact that such
notice was mailed.
such notice shall state the following:
(1) That the board has tentatively determined that the property of the owner or
reputed owner named is receiving and will
receive service and benefit from the facilities of the district;
(2) That the board has caused a tentative roll of such properties with any
improvements thereon which are receiving
and will receive such service and benefit
to be filed with it; and that such roll
shows a base of valuation thereon for said
properties against which annual dollar
rates will be levied and collected in the
same manner as general taxes to pay the
[ 779 ]
85.32.060
DIKING AND DRAINAGE
--------------------------------------------------------------------------------------fair value of the benefit and service
received and to be received by such property through use of the facilities of the
district, and to pay the annual cost of
operation, development and maintenance of
the district and its facilities;
(3J That on a date, time and place
stated, the board will give consideration
to the facts and the roll, will hear all
objections filed, will review said roll
and alter, modify, or change the same
consistent with facts established and with
equity and fair dealing concerning the
properties involved to the end that just
levies will be made for service and benefits received and to be received against
each property for the purposes mentioned;
and at the hearing or continuance thereof,
it will adopt the roll in final form and
certify and file a copy thereof with the
assessor and treasurer of the
county
wherein the property is located; and will
cause annual millage to be levied against
such established valuations for the purposes stated;
(4) That all persons desiring to object
to the proceedings, to the proposed base
valuations, or to any other thing or
matter in connection with the proceedings,
must file written objections with the
board stating clearly the basis of such
objection before the time of the hearing,
or all objections will be deemed waived.
[1973 1st ex.s. c 195 § 123; 1961 c 131 §
7. ]
85.32.100
gEEXAMI!!IlQ!
QI
~goPER=
!ll~==~Qg£LE~!E1!1 R011==~~g!l!1£!I!Q! !!~
The board may at any time reexamine the properties on any roll, and upon
request of an owner shall do so, and if it
is found that the condition of such property or properties has changed so that
justly such property should be eliminated
from any rolls on file, or the base
against which dollar rate is levied should
be lowered, it shall so determine and make
a supplemental roll with reference to such
property or properties. When adopted by
it, the board shall certify and file a
copy thereof with the auditor, assessor
and treasurer of the county wherein the
property is situated, and such officer
shall alter and change the existing rolls
accordingly. (1973 1st ex.s. c 195 § 12q;
1 96, c 13 1 § 11 • )
!111!2~
85.32.110
EOL1 I~ ~!~ FOR BENEFITS
!2!1B21: !ill!! 1~11 MADE. The rofl--c:ert:r:
fied to the county--officers as in this
chapter provided, and any modification
thereof as provided, shall serve as the
base of benefits as to land, buildings and
improvements furnished service and benefit
by the systems of the district against
which valuations dollar rates shall be
levied and collected in the same manner as
general taxes from time to time for the
continuing functioning of the district and
its systems. The dollar rate shall be
levied in the manner required by law for
dollar rate levies by drainage districts.
[1973 1st ex.s. c 195 § 125; 1961 c 131 §
12. ]
85.32.120
1EVY fQg QQ!.§!!NY!!!§ I!Ql~1:
If any property outside of the
territorial limits of the district is
placed upon a roll as finally adopted, and
at the time such property becomes subject
to charge for service and benefit from the
district•s system, there is an existing
outstanding indebtedness owing by the district, the board shall make a separate
estimate of the revenue required to be
raised to pay or apply upon such indebtedness until it is extinguished, and it
shall proceed and certify the same as
hereinabove provided, and no dollar rate
for raising revenue to extinguish such
indebtedness shall be included in the
levies made against any properties lying
outside of the territorial limits of said
district.
When thus levied, the amount of assessment produced thereby shall be added by
the general taxing authorities to the
general taxes against said lands and collected therewith as a part thereof.
If
unpaid, any delinquencies in such assessments shall bear interest at the same rate
and in the same manner as general taxes
and they shall be included in and be made
a part of any general tax foreclosure
proceedings according to the provisions of
law with relation to such foreclosures.
As assessment collections are made, the
county treasurer shall credit same to the
funds of such district. (1973 1st ex.s. c
195 § 126; 1961 c 131 § 13.]
E~B!22~
85.32.210
1~!1~~
ARE FOR CONTINUOUS
BEli~FI!2~
The dollar--rate-levy-returns
collected from time to time under this
chapter are solely assessments for benefits received continuously by the benefited properties, calculated in the manner
specified in this chapter as a just and
equitable way for all benefited property
to share the expense of such required
service.
(1973 1st ex.s. c 195 § 127;
1961 c 131 § 22.]
[ 780 J
FLOOD CONTROL BY COUNTIES JOINTLY
86.13.010
--------------------------------------------------------------------------------------Chapter 86 • 1 2
FLOOD CONTROL BY COUNTIES
86.12.010
Chapter 85.36
CONSOLIDATION OF DISTRICTS
AS2~SM~!!
85.36.030
OF
£QQMTY
REQ!~~~MI l~MQ==!122Q
S!!~E
I~=
H!!M!~!!!£]
The county commissioners of any
county may annually levy a tax, beginning
with the year 1907, in such amount as, in
their judgment they may deem necessary or
advisable, but not to exceed twenty-five
cents per thousand dollars of assessed
value upon all taxable property in such
county, for the purpose of creating a fund
to be known as "river improvement fund."
There is hereby created in each such river
improvement fund an account to be known as
the "flood control maintenance account ••
(1973 1st ex.s. c 195 § 129; 1941 c 204 §
8; 1907 c 66 § 1; Rem. Supp. 1941 § 9625.
FORMER PART OF SECTION:
1907 c 66 § 4,
now codified as RCW 86.12.033.]
!££QQ!~
~~!~fi12~
I!! FOR
£Q!!B21
For
the purpose of proportionately assessing
the benefits of any project constructed,
maintained, or operated by any diking
district or drainage district, benefit
assessments proportioned in a direct relationship to the assessed valuation as last
equalized for general tax purposes of the
lands benefited shall be deemed prima
facie to be fair and correct valuations
against which annual dollar rates shall be
levied. ( 1973 1st ex.s. c 195 § 128; 1967
c 154 § 4. ]
Chapter 86. 13
FLOOD CONTROL BY COUNTIES JOINTLY
TITLE 86
FLOOD CONTROL
86.13.010
County tax for river improvement fund-Flood control maintenan.ce account.
£h.a.g1tl ftb1J
Fl.QQg_ Control hY f;QUn!ies
~oint!Y~
86.13.010
£.MEitl
86.15.160
£.ha£!;gi
Boundary line rivers--Contract
to control.
ftft~2
Fl.QQg_
!.tict~
£,ont.t.2l
~QD!l
Di2::
Additional levies and
assessmQnts.
ft£~§.
Fl.QQg_ f;Qnt.t.ol
~Q!!St.2
12Y
~tate.
86.16.085
86.16.160
86.16.170
Delegation of permit program.
Local programs not prevented.
"Supervisor of flood control"
defined.
£.ha£!tl 86.26 st~te ParticiEs!iQ1! in
Flood Co~!.£21 ~aintenanc~~
86.26.110
Vouchers for expenditures-Approval.
1973 RCW SUPP.
1I!~
S!!]B~=-CQ!::
river is or shall be the boundary line or
part of the boundary line between two
counties, or it, or its tributaries or
outlet or part thereof, flows through
parts of two counties, and the waters
thereof have in the past been the cause of
damage, by inundation or otherwise, to the
roads, bridges or other public property
situate in or to other public interests of
both such counties, or the flow of such
waters shall have alternated between the
said counties so at one time or times such
waters shall have caused damage to one
county and at another time or times to the
other county, and it shall be deemed by
the boards of county commissioners of both
counties to be for the public interests of
their respective counties that the flow of
such waters be definitely confined to a
particular channel, situate in whole or in
part in either county, in a manner calculated to prevent such alternation or to
prevent or lessen damage in the future, it
shall be lawful for the two counties, and
their boards of county commissioners are
hereby empowered, pursuant to resolution,
to enter into a contract in writing in the
names of the respective counties for the
purpose of settling all disputes in relation to any such situation, and providing
ways and means for the control and disposition of such waters. Any such contract
may provide:
(1) That it shall be operative in perpetuity, or only for a term of years or
other measure of time to be specified
therein.
sections added, amended, or repealed:
86.12.010
BOUNDARY
!ItA£! !Q £.2HIB21~Wherever and whenever a
[
781
]
86.13.010
FLOOD CONTROL
--------------------------------------------------------------------------------------(2)
The amount of money to be expended
by each county during each year of the
life of said contract, or such other
method of determining the amount of expenditure or dividing the financial burden as
may be agreed upon.
(3)
That an annual tax shall be levied,
at the same time and in the same manner as
other county taxes are levied, each year
during the life of the contract, by the
county commissioners of each county.
The
annual tax herein provided for need not be
levied at the same rate for each county,
but shall be at such rate in each county
as will produce annually the amount of
money for each county as is required for
the fulfillment of the contract on its
part:
PROVIDED, HOWEVER, That in no event
shall any such tax levy by either county
exceed twenty-five cents per thousand dollars of assessed value for any one year.
(4)
That the general scheme for the
improvement of such river shall be as
stated in such contract, but by consent of
the contracting parties, pursuant to resolution of each board of county commissioners, such scheme may be modified from time
to time during the life of the contract.
The contract may but need not provide the
details of such scheme, but must designate
the general purpose to be accomplished.
So far as details are not specified in the
contract, same shall be for future determination by joint action of the two boards
of county commissioners.
Any such contract may be subsequently modified or
abrogated by mutual consent evidenced by
separate resolution of both boards of
county commissioners.
(1973 1st ex.s. c
195 § 130;
1913 c
54 § 1; RRS § 9651.
Formerly RCW 86.12.040.]
Chapter 86. 15
FLOOD CONTROL ZONE DISTRICTS
86.15.160
~~SM,ID!!§.~
!QQITIQNAL
bli!Ili~
!!Q
!~=
For the purposes of this chapter the board may authorize:
(1)
A special annual ad valorem levy
within any zone or participating zones
when authorized by the voters of such zone
or participating zones pursuant to the
provisions of RCW 84.52.052 and RCW 84.52.054; and
(2)
An assessment upon property specially benefited by an improvement made
pursuant to the provisions of chapter
86.09; and
(3)
Within any zone or participating
zones an annual levy of not to exceed
fifty cents per thousand dollars of assessed value when such levy will not take
dollar rates which other taxing districts
may lawfully claim and which will not
cause the combined levies to exceed the
[ 782
constitutional and/or statutory limitations,
and such additional levy, or any
portion thereof, may also be made when
dollar rates of other taxing units is
released therefor by agreement with the
other taxing units from their authorized
levies. (1973 1st ex.s. c 195 § 131; 1961
c153§16.]
Chapter 86.16
FLOOD CONTROL ZONES BY STATE
Q~LEQ!TIQH Qf ~~B~!I ~BQ=
The department of ecology may,
when requested by the governing body of
any county, city or town, delegate to such
body the authority to administer the permit program authorized by RCW 86.16.080
for a flood control zone or portions
thereof within its jurisdiction if the
department determines the requestor has:
(a)
the resources, expertise and capability to administer such a program, and
(b)
indicated an intention to administer the program in accordance with the
provisions of this chapter and the general
guidelines contained in rules adopted by
the department pertaining to flood control
zones.
(2)
Any delegation authorized by *this
act shall take effect on the effective
date of an implementing ordinance in a
form approved by the department prior to
its adoption.
(3)
Any permit program delegated under
the provisions of *this act shall be
administered in accordance with this chapter,
the rules of the department implementing the act
and
its
ordinance.
Whenever the department determines, after
a public hearing, that a county, city or
town is not administering the proqram in
such manner, it shall notify said local
government and,
if corrective action is
not t~ken within a reasonable time not to
Exceed ninety days, the department shall
withdraw the delegation.
(4)
The department shall be furnished
with a copy of each permit issued under a
delegated program immediately upon issuance of the permit:
PROVIDED, That the
department may waive this requirement in
its entirety or by category of structure
or works.
(5)
Any person aggrieved by a ruling on
an application for a permit under a delegated program may obtain review thereof
before
the pollution control hearings
board in the same manner as review is
obtained for permits issued by the department pursuant to RCW 86.16.080.
[1973 c
75 § 1 • ]
86.16.085
~!~~
(1)
!Bg!.i.§~~.§ n2!!ll
"this act" apparently
refers to 1973 c 75, codified herein as
RCW 86.16.085, 86.16.160 and 86.16.170.
]
IRRIGATION DISTRICTS GENERALLY
87.03.820
--------------------------------------------------------------------------------------86.16.160
1Q~A1 EBQQBA~ MQ1
EB~VE]!~
ED. Nothing in this chapter shall prevent
any county, city or town from establishing, pursuant to any authority otherwise
available to them, flood control regulation programs and related land use control
measures in areas which are subject to
flooding or flood damages. (1973 c 75 §
Chapter 87. 0 3
IRRIGATION DISTRICTS GENERALLY
cross Reference:
Plats, approval of plat within irrigation districts prohibited without provision for irrigation water right of way:
RC W 58 • 1 7. 31 0 •
2.]
86.16.170
~QPERVI~QB
QE E1QOD £Q!=
!lillL" 12HllED~ For purposes of this chapter "supervisor of flood control" shall
mean "department of ecology"- [1973 c 75
§ 3. ]
Chapter 86.26
STATE PARTICIPATION IN FLOOD CONTROL MAINTENANCE
86.26.110
!OUCHER~ lQli
~!f~!DITU~S-=
APPROVAL.
No warrant shall be drawn to
the-credit of the flood control maintenance account of any participating local
agency except on vouchers for reimbursement of expenditures therefor made and
properly supported and approved by the
local flood control engineer and by the
supervisor of flood control. (1973 c 106
§ 38; 1951 c 240 § 13.]
TITLE 87
IRRIGATION
Sections added, amended, or repealed:
£M£1~
~rriga:tiM
81.03
Di.§i£i£ts
~~
ally~
87.03.162
87.03.820
Liability insurance for officials and employees.
Disposal of real property-Right of adjacent owners.
~hs!!~gJ;: .§1~~.§.
Reygggg
~nd2
!2£ Wa3&£.£
EQ!g~~ Q£s1!!2~ ~g~~2L ~~wag~ ~i§=
!!OSa,!~ ~.£.:.
87.28.010
87.28.020
87.28.030
Revenue bonds authorized.
Form and terms of bonds.
Bonds payable only from special
fund--Lien on revenues.
Irrigg!,,!.Qll ,ang ,Bg,hab.!.!.Hs.:
~M!!1~ .§.L..§.!i
!,ion
87.84.070
Di§.!:~i£1.§.£.
Special assessments-Notice and
election--Collection.
1973 RCW SUPP.
87.03.162
LI~I!I
lli§QS!!£~ rQB OFFICIALS AND ~~E10YEE~ The board of
rectors -of each irrigation district may
purchase liability insurance with such
limits as they may deem reasonable for the
purpose of protecting their officials and
employees against liability for personal
or bodily injuries and property damage
arising from their acts or omissions while
performing or in good faith purporting to
perform their official duties. [1973 c
125 § 8. ]
ai=
87.03.820
DISPOSAL OF REAL PROPERTY-RIGHT OF ADJACEN~OWNERs: -Wh~never-;g-the
result-of--abandonment--of an irrigation
district right of way real property held
by an irrigation district is to be sold or
otherwise disposed of, notice shall be
given to the owners of lands adjoining
that real property and such owners shall
have a right of first refusal to purchase
at the appraised price all or any part of
the real property to be sold or otherwise
disposed of which adjoins or is adjacent
to their land.
Real property to be sold or otherwise
disposed of under this section shall have
been first appraised by the county assessor or by a person designated by him.
Notice under this section shall be sufficient if sent by registered mail to the
owner, and at the address, as shown in the
tax records of the county in which the
land is situated. Notice under this section shall be in addition to any other
notice required by law.
After sixty days from the date of sending of notice, if no applications for
purchase have been received by the irrigation district or other person or entity
sending notice, the rights of first refusal of owners of adjoining lands shall be
deemed to have been waived, and the real
property may be sold or otherwise disposed
of.
If two or more owners of adjoining lands
apply to purchase the same real property,
or apply to purchase overlapping parts of
the real property, the respective rights
of the applicants may be determined in the
superior court of the county in which the
real property is situated; and the court
may divide the real property in question
between some or all of the applicants or
award the whole to one applicant, as
justice may require.
Any sale or other disposal of real property pursuant to chapters 87.52, 87.53,
and 87.56 RCW shall be made in accordance
[ 783 ]
87.03.820
IRRIGATION
--------------------------------------------------------------------------------------with the
requirements
of
this
section.
87.28.030
BONOS PAYABLE ONLY FRO! SPE-
£!.!1 FOND-_.1!~! ON REVE!OES. -rbe -bOardOf
( 1973 c 150 § 1; 1971 ex.s. c 125 § 2.]
Chapter 87.28
REVENUE BONDS FOR WATER, POWER, DRAINS,
SEWERS, SEWAGE DISPOSAL, ETC.
87.28.010
REVENgg
~Q!~~
!QTHOE~~~~
The board of directors of any irrigation
district in this state which is furnishing
or may furnish domestic water service,
electric
power
service, a system of
drains, or a system of sanitary sewer and
sewage disposal or treatment plants, or
any combination of such services, shall
have authority to issue and sell bonds of
the district payable from revenues derived
from district charges for such service or
services for the benefit of such service
and the facilities therefor, and the revenues from one or more of the services may
be pledged for the retirement of bonds
issued for water, sewer, and electric
improvements:
PROVIDED, That nothing in
this section shall authorize a district
which is not on March 8, 1973 engaged in
providing electrical service permission to
pledge revenue from water and sewer service to support the issuance of revenue
bonds for the acquisition or construction
of electrical power facilities.
(1973 c
74 § 1; 1949 c 57 § 1; Rem. supp. 1949 §
7434-10. ]
87.28.020
FORM AND TERMS Q! £!QJ!~~
said bonds shalr-be In-such -form as the
board of directors shall determine and
shall be payable to bearer, shall be in
denominations of not less than one hundred
dollars nor more than five thousand dollars, shall be numbered from one and up
consecutively; shall bear the date of
their issue,
shall be payable at such
time or times up to a maximum period of
not to exceed forty years; shall bear
interest at a rate or rates all as authorized by the board of directors payable
semiannually. evidenced by coupons attached to said bonds; shall be payable at
the office of the county treasurer of the
county in which the principal office of
the district is located or at such other
place as the board of directors shall
provide and specify in the bonds; shall be
executed by the president of the board of
directors and attested and sealed by the
secretary thereof and may have facsimile
signatures of the president and secretary
imprinted on the interest coupons in lieu
of original signatures. Said bonds may
provide that the same or any part thereof
at the option of the board of directors
may be redeemed in advance of maturity on
any interest payment date. (1973 c 74 §
2; 1970 ex.s. c 56 § 99; 1969 ex.s. c 232
§ 58; 1949 c 57 § 2;
Bem. Supp.
1949 §
7434-11. 1
directors of the issuing district shall
have authority and is required to create a
special fund to be designated revenue bond
fund to be carried in said county treasurer's office for the account of the district for the sole purpose of paying the
interest and principal of such bonds, into
which special fund said board of directors
shall obligate and bind the district to
set aside and pay a fixed proportion of
the gross revenues from the charges made
by the district for the domestic water
service and/or the electric power service,
and/or sewer service, as the case may be,
for which the bonds are issued and such
bonds and the interest thereon shall be
payable only out of such special fund but
shall be a lien and charge against all
revenues received for such service or
services superior to operating and maintenance expenses of such service.
(1973 c
74 § 3; 1949 c 57 § 3; Rem. Supp. 1949 §
7434-12. J
Chapter 87.84
IRRIGATION AND REHABILITATION DISTRICTS
87.84.070
~f~1
!SSES~!2--NQ!!£~
ANQ g1g£!!Qli==£QLLEC!!Q!~
The directors
shall be empowered to specially assess
land located in the district for benefits
thereto taking as a basis the last equalized ass~ssment for county purposes: PROVIDED, That such assessment shall not
exceed twenty-five cents per thousand dollars of assessed value upon such assessed
valuation without securing authorization
by vote of the electors of the district at
an election called for that purpose.
The board shall give notice of such an
election, for the time and in the manner
and form provided for irrigation district
elections. The manner of conducting and
voting at such an election, opening and
closing polls, canvassing the votes, certifying the returns, and declaring the
result shall be nearly as practicable the
same as in irrigation district elections.
The special assessment
provided
for
herein shall be due and payable at such
times and in such amounts as designated by
the district directors, which designation
shall be made to the county auditor in
writing, and the amount so designated
shall be added to the general taxes, and
entered upon the assessment rolls in his
office, and collected therewith.
[1973
1st ex.s. c 195 § 132; 1961 c 226 § 8.]
( 784 ]
CONSERVATION DISTRICTS
89.08.010
--------------------------------------------------------------------------------------TITLE 88
NAVIGATION AND HARBOR IMPROVEMENTS
£h~Eigr §2~1~
89.16.02')
cross Reference:
wood debris--Removal from navigable
ters: Chapter 76.42.
wa-
89.08.005
~tlOR! TITLE.
This chapter
shall be known and citea-as the conservation districts law. (1973 1st ex.s. c 184
§ 1; 1961 c 240 § 1; 1939 c 187 § 1; RRS §
10726-1.]
sections added, amended, or repealed:
89.08.050
89.08.060
89.08.070
89.08.080
89.08.090
89.08.100
89.08.110
89.08.120
89.08.130
89.08.140
89.08.150
89.08.160
89.08.170
89.08.180
89.08.190
89.08.200
89.08.210
89.08.220
89.08.340
89.08.341
89.08.350
89.08.360
89.08.370
89.C8.380
89.08.391
89.08.901
Short title.
Preamble.
Definitions.
Conservation commission.
Chairman--Expenses--Records,
rules, hearings, etc.
Employees--Delegation--Quorum.
Assistance of other state agencies and institutions.
Gener~l ·duties of commission.
Petition to form district-Contents.
Notice of hearing--Hearing.
Findings-Order.
Election--How conducted.
Ballots.
Notice of election.
Expense of hearing and
election.
Procedure after canvass.
Appointment of supervisors--Application to secretary of
state.
Secretary of state's certificate--Change of name.
Annexation of territory--Boundary change--Combining two or
more districts.
Nomination and election of supervisors--Annual meeting of
voters.
Supervisors--Term, vacancies,
removal, etc.--Compensation.
Powers and duties of
supervisors.
Corporate status and powers of
district.
Intergovernmental cooperation-Transfer, allocation, of funds,
Intergovernmental cooperation-Authority.
Petition to dissolve district-Election.
Result of election--Determination of practicability.
Disposition of affairs upon
dissolution.
Effect of dissolution--Committee substituted.
Water rights preserved,
Severability--1973 1st ex.s. c
184.
1973 RCW SUPP.
Reclamation account createdComposition.
Tax levy.
Chapter 89.08
CONSERVATION DISTRICTS
(Formerly: Soil and Water Conservation
Districts)
TITLE 89
RECLAMATION, SOIL CONSERVATION AND LAND
SETTLEMENT
89.C8.005
89.08.010
89.08.020
89.08.030
89.08.040
89.16.120
B~1~~iion ~Y 2i~ig~
89.08.010
RBEA~1~~
It is hereby dea
matter of legislative
clared,
as
determination:
(1)
That the lands of the state of
Washington are among the basic assets of
the state and that the preservation of
these lands is necessary to protect and
promote the health, safety, and general
welfare of its people; that improper landuse practices have caused and have contributed to, and are now causing and
contributing to, a progressively more serious erosion of the lands of this state
by
wind and water; that the breaking of
natural grass, plant and forest cover have
interfered with the natural factors of
soil stabilization, causing loosening of
soil and exhaustion of humus, and developing a soil condition that favors erosion;
that the topsoil is being blown and washed
off of lands;
that there has been an
accelerated washing of sloping lands; that
these processes of erosion by wind and
water speed up with removal of absorptive
topsoil, causing exposure of less absorptive and less protective but more erosive
subsoil; that failure by any land occupier
to conserve the soil and control erosion
upon his lands may cause a washing and
blowing of soil from his lands onto other
lands and makes the conservation of soil
and con~rol of erosion on such other lands
difficult or impossible, and that extensive denuding of land for development
creates critical erosion areas that are
difficult to effectively regenerate and
the resulting sediment causes extensive
pollution of streams, ponds, lakes and
othe:r waters.
(2)
That the consequences of such soil
erosion in the form of soil blowing and
soil washing are the silting and sedimentation of stream channels, reservoirs,
dams, ditches, and harbors, and loading
the air with soil particles; the loss of
fertile soil material in dust storms; the
piling up of soil on lower slopes and its
deposit over alluvial plains; the reduction in productivity or outright ruin of
rich bottom lands by overwash of poor
subsoil material, sand, and gravel swept
out of the hills; deterioration of soil
[ 785 ]
89.08.010
RECLAMATION,
SOIL CONSERVATION AND LAND SETTLEMENT
---------------------- ------·-------------------------------------------------and its fertility, deterioration of crops
grown thereon,
and declining acre yields
despite development of scientific processes for increasing such yields; loss of
soil and water which causes destruction of
food and cover for wildlife; a blowing and
washing of soil into streams which silts
over spawning beds, and destroys water
plants, diminishing the food supply of
fish;
a diminishing of the underground
water reserve, which causes water shortages, intensifies periods of drought, and
causes crop failures; an increase in the
speed and volume of rainfall run-off,
causing severe and increasing
floods,
which bring suffering, disease, and death;
impoverishment of families attempting to
farm eroding and eroded lands; damage to
roads, highways, railways, buildings, and
other property from floods and from dust
storms; and losses in navigation, hydroelectric power, municipal water supply,
irrigation
developments,
farming
and
grazing.
(3)
That to conserve soil resources and
control and prevent soil erosion and prevent flood water and sediment damages, and
further agricultural and nonagricultural
phases of the conservation, development,
utilization, and disposal of water, it is
necessary that land-use practices contributing to soil wastage and soil erosion be
discouraged and discontinued, and appropriate soil-conserving land-use practices,
and works of improvement for flood prevention of agricultural and nonagricultural
phases of the conservation, development,
utilization, and disposal of water he
adopted and carried out; that among the
procedures necessary for widespread adoption, are the carrying on of engineering
operations such as the construction of
terraces, terrace outlets, check-dams, desilting
basins, flood water retarding
structures, channel
floodways,
dikes,
ponds, ditches, and the like; the utilization of strip cropping, contour cultivating,
and
contour
furrowing;
land
irrigation; seeding and planting of waste,
sloping,
abandoned, or eroded lands to
water-conserving and
erosion-preventing
plants, trees, and grasses; forestation
and reforestation; rotation of crops; soil
stabilizations with trees, grasses, legumes, and other thick-growing, soil-holding
crops, retardation of run-off by
increasing absorption of rainfall; and
retirement
from cultivation of steep,
highly erosive areas and areas now badly
gullied or otherwise eroded.
(4)
Whereas, there is a pressing need
for the conservation of renewable resources in all areas of the state, whether
urban, suburban, or rural, and that the
benefits of resource practices,
programs,
and projects, as carried out by the state
conservation commission and by the conservation districts, should be available to
all such areas; therefore, it is hereby
declared to be the policy of the legislature to provide for the conservation of
the renewable resources of this state, and
for the control and prevention of soil
erosion, and for the prevention of flood
water and sediment damages, and for furthering agricultural and nonagricultural
phases of conservation, development, utilization, and disposal of water,
and
thereby to preserve natural resources,
control floods, prevent impait~ent of dams
and reservoirs, assist in maintaining the
navigability of rivers and harbors, preserve wildlife,
protect the tax base,
protect public lands, and protect and
promote the health, safety, and general
welfare of the people of this state.
To
this end all incorporated cities and towns
heretofore excluded from the boundaries of
a conservation district established pursuant to the provisions of the state conservation district law, as amended, may be
approved by the conservation commission as
being included in and deemed a part of the
district upon receiving a petition for
annexation signed by the governing authority of the city or town and the conservation
district
within
the
exterior
boundaries of which it lies in whole or in
part or to which it lies closest. [1973
1st ex.s. c 184 § 2; 1939 c 187 § 2; RRS §
10726-2. l
89.08.020
Q~FlNITIQN~
Unless
the
context clearly indicates otherwise, as
used in this chapter:
»Commission" and
»state
conservation
commission" means the agency created hereunder.
All
former references to "state
soil and water conservation committee",
"state committee" or "committee" shall be
deemed to be references to the "state
conservation commission";
"District", or "conservation district"
means a governmental subdivision of this
state and a public body corporate and
politic, organized in accordance with the
provisions of *this 1973 amendatory act,
for the purposes, with the powers, and
subject to the restrictions set forth in
this chapter. All districts created under
*this 1973 amendatory act shall be known
as conservation districts and shall have
all the powers and duties set out in *this
1973 amendatory act.
All references in
*this 1973 amendatory act to "districts",
or "soil and water conservation districts"
shall be deemed to be reference to "conservation districts";
"Board" and "supervisors" mean the board
of supervisors of a conservation district;
"Land occupier" or "occupier of land"
includes any person, firm, political subdivision, government agency, municipality,
public or private corporation, copartnership, association, or any other entity
whatsoever which holds title to, or is in
possession of, any lands lying within a
district organized under the provisions of
*this 1973 amendatory act, whether as
owner,
lessee,
renter,
tenant,
or
otherwise;
[ 786 ]
CONSERVATION DISTRICTS
89.08.040
--------------------------------------------------------------------------------------"District elector" means a
qualified
county elector occupying land within the
district boundary;
"Due notice" means a notice published at
least twice, with at least six days between publications, in a publication of
general circulation within the affected
area, or if there is no such publication,
by posting at a reasonable number of
public places within the area, where it is
customary to post
notices
concerning
county and municipal affairs.
Any hearing
held pursuant to due notice may be postponed from time to time without a new
notice;
"Renewable natural resources", "natural
resources" or "resources" includes land,
air, water, vegetation, fish, wildlife,
wild rivers, wilderness, natural beauty,
scenery and open space;
"Conservation" includes
conservation,
development,
improvement,
maintenance,
preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface
waters.
"Farm and agricultural land" means either (a) land in any contiguous ownership
of twenty or more acres devoted primarily
to agricultural uses;
(b) any parcel of
land five acres or more but less than
twenty acres devoted primarily to agricultural uses, which has produced a gross
income from agricultural uses equivalent
to one hundred dollars or more per acre
per year for three of the five calendar
years preceding the date of application
for classification under this chapter; or
(c) any parcel of land of less than five
acres devoted primarily to agricultural
uses which has produced a gross income of
one thousand dollars or more per year for
three of the five calendar years preceding
the date of application for classification
under this chapter.
Agricultural lands
shall also include farm woodlots of less
than twenty and more than five acres and
the land on which appurtenances necessary
to production, preparation or sale of the
agricultural products exist in conjunction
with the lands producing such products.
Agricultural lands shall also include any
parcel of land of one to five acres, which
is not contiguous, but which otherwise
constitutes an integral part of farming
operations being conducted on land qualifying under this section as "farm and
agricultural lands".
[ 1973 1st ex.s. c
184 § 3; 1961 c 240 § 2; 1955 c 304 § 1;
1939 c 187 § 3; RRS § 10726-3.]
89.08.030
CONSERVATION
~Q~~!~~lQ!~
There is hereby-established to serve as an
agency of the state and to perform the
functions conferred upon it in *this 1973
amendatory act,
the state conservation
commission, which shall succeed to all
powers, duties and property of the state
soil and water conservation committee.
The commission shall consist of seven
members, two of whom are ex officio. Two
members shall be appointed by the governor, one of whom shall be a landowner or
operator of a farm.
At least two of the
three elected members shall be landowners
or operators of a farm and shall be
elected as herein provided. The appointed
members shall serve for a term of four
years.
The three elected members
shall
be
elected for three-year terms, one shall be
elected each year by the district supervisors at their annual state-wide meeting.
one of the members shall reside in eastern
Washington, one in central ~ashington and
one in western Washington, the specific
boundaries to be determined by district
supervisors.
At the first such election,
the
term of the member from western
Washington shall be one year, central
Washington
two
years
and
eastern
Washington three years, and successors
shall be elected for three rears.
Unexpired term vacancies 1n the office
of appointed commission members shall be
filled by appointment by the governor in
the same manner as full-term appointments.
un~xpired terms of elected commission members shall be filled by the regional vice
president of the Washington association of
conservation districts who is serving that
part of the state where the vacancy occurs, such term to continue only until
district supervisors can fill the unexpired term by electing the commission
member.
The director of the department of ecology and the dean of the college of agriculture at Washington State University shall
be ex officio members of the commission.
An ex officio member of the commission
shall hold office so long as he retains
the office by virtue of which he is a
member of the commission.
Ex officio
members may delegate their authority.
The commission may invite appropriate
officers
of cooperating organizations,
state and federal agencies to serve as
advisers to the conservation commission.
(1973 1st ex.s. c 184 § 4; 1967 c 217 § 1;
1961 c 240 § 3; 1955 c 304 § 3. Prior:
1951 c 216 § 3; 1949 c 106 § 1, part; 1939
c 187 § 4, part; Rem. Supp. 1949 § 107264, part.]
.!Rgyisg~.§ note:
"this 1973 amendatory
act", see note following RCW 89.08.020.
!~Vi§~£..§ !l~.i
"this 1973 amendatory
act" or «this act" apparently consists of
amendments to RCW 89.08.005-89.08.220, 89.08.350-89.08.380 by 1973 1st ex.s. c 184,
to the repeal of RCW 89.08.340, and to RCW
89.08.341, 89.08.391 and 89.08.901.
1973 RCW SUPP.
89.08.040
CHAIRM!li==EXftNS~~==R~Q]~~L
RU~~~ fiEAR!!~~L ~If~
Members shall receive no compensation, but shall be entitled to expenses, including
traveling
( 787 )
89.08.040
RECLAMATION, SOIL CONSERVATION AND LAND SETTLEftENT
--------------------------------------------------------------------------------------expenses, necessarily incurred in the discharge of their duties.
The commission shall keep a record of
its official actions, shall adopt a seal,
which shall be judicially noticed, and may
perform such acts, hold such public hearings, and promulgate such rules and regulations
as may be necessa~y for the
execution of its functions under *this
1973 amendatory act. The state department
of ecology is empowered to pay the .necessary per diem and travel expenses of the
elected and ~ppointed members of the state
conservation commission, and the salaries,
wages and other expenses of such administrative officers or other employees as may
be required under the provisions of this
chapter.
( 1973 1st ex.s. c 184 § 5; 1961
c 240 § 4; 1955 c 304 § 4. Prior:
1951 c
216 § 4; 1949 c 106 § 1, part; 1939 c 187
§ 4, part; Rem. Supp.
1949 § 10726-4,
part. ]
*Reyi~~§. n.Qte.:_
"this 1973 amendatory
act", see note following RCW 89.08.020.
89-08.050
]~PLQX~~~==]~b~§!!IO!==QYQ=
The commission may employ an administrative
officer,
and such technical
experts and such other agents and employees,
permanent and temporary as it may
require, and shall determine their qualifications,
duties, and compensation.
The
commission may call upon the attorney
general for such legal services as it may
require.
It shall have authority to delegate to
its chairman, to one or more of its
members,
to one or more agents or employees such duties and powers as it deems
proper.
It shall be supplied with suitable office accommodations at the central
office of the department of ecology, and
shall be furnished the necessary supplies
and equipment.
The commission shall organize annually
and select a chairman from among its
members, who shall serve for one year from
the date of his selection. A majority of
the commission shall constitute a quorum
and all actions of the commission shall be
by a majority vote of the members present
and voting at a meeting at which a quorum
is present.
(1973 1st ex.s. c
184 § 6;
1961 c
240 § 5; 1955 c 304 § 5. Prior:
1949 c 106 § 1, part;
1939 c
187 § 4,
part; Rem. Supp. 1949 § 10726-4, part.]
~UM~
89.08.060
ASSISTA!£~
Qf QTH~g ST!!]
ANQ INSTIT!!!1Q!~ Upon request
of the commission,
for the purpose of
carrying out any of its functions, the
supervising officer of any state agency or
state institution of learning may, insofar
as may be possible under available appropriations and having due regard to the
needs of the agency to which the request
is directed,
assign or detail to the
commission, members of the staff or personnel of such agency or institution of
!GENC.U~
( 788
learning, and make such special reports,
surveys, or studies as the commission may
request. [1973 1st ex.s. c 184 § 7; 1955
c 304 § 6. Prior: 1949 c 106 § 1, part;
1939 c 187 § 4, part; Rem.
Supp.
1949 §
10726-4, part. 1
89.08.070
§~!~B!~ QYII~~ QE £QMM!§=
In addition to the duties and
powers hereinafter conferred upon the commission,
it shall have the following duties and powers:
(1)
To offer such assistance as may be
appropriate to the supervisors of conservation districts organized under the provisions of *this 1973 amendatory act, in
the carrying out of any of their powers
and programs:
(a)
to assist and guide districts in
the preparation and carrying out of programs for resource conservation authorized
under *this act:
(b)
to review district programs;
(c)
to coordinate the programs of the
several districts and resolve any conflicts in such programs;
(d)
to
facilitate,
promote, assist,
harmonize, coordinate, and guide the resource conservation programs and activities of districts as they relate to other
special purpose districts, counties, and
other public agencies.
(2)
To keep the supervisors of each of
the several conservation districts organized under the provisions of *this 1973
amendatory act informed of the activities
and experience of all other districts
organized hereunder, and to facilitate an
interchange of advice and experience between such districts and cooperation between th'3m.
(3) To review agreements, or forms of
agreements, proposed to be entered into by
districts with other districts or with any
state,
federal, interstate, or other public or private agency, organization, or
individual, and advise the districts concerning such agreements or
forms
of
agreements.
(4)
To secure the cooperation and assistance of the United states and any of
its agencies, and of agencies of this
state in the work of such districts.
(5)
To recommend the inclusion in annual and longer term budgets and appropriation
legislation
of
the
state
of
washington of funds necessary for appropriation by the legislature to finance the
activities of the commission and the conservation districts; to administer the
prov~s~ons
of any law hereinafter enacted
by the legislature appropriating funds for
expenditure in connection with the activities of conservation districts;
to distribute to conservation districts funds,
equipment, supplies and services received
by the commission for that purpose from
any source, subject to such conditions as
shall be made applicable thereto in any
SIQ!~
J
CONSERVATION DISTRICTS
89.08.100
--------------------------------------------------------------------------------------state or federal statute or local ordinance making available such funds, property or s~rvices;
to issue
regulations
establishing guidelines and suitable controls to govern the use by conservation
districts of such funds,
property and
services; and to review all budgets,
administrative procedures and operations of
such districts and advise the districts
concerning their conformance with applicable laws and regulations.
(6) To encourage the cooperation and
collaboration of state, federal, regional,
inters~ate
and local public and private
agencies with the conservation districts,
and facilitate arrangements under which
the conservation districts
may
serve
county governing bodies and other agencies
as their local operating agencies in the
administration of any activity concerned
with the conservation of renewable natural
resources.
(7)
To disseminate information throughout the state concerning the activities
and programs of the conservation districts
organized hereunder, and to encourage the
formation of such districts in areas where
their organization is desirable; to make
available information concerning the needs
and the work ef ~he conservation district
and the commission to the governor,
the
legislature, executive agenc~es of the
government of this state, political subdivisions of this state, cooperating federal
agencies, and the general public.
(8)
Pursuant to procedures developed
mutually by the commission and other state
and local agencies that are authorized to
plan or administer activities significantly affecting the conservation of renewable
natural resources, to receive from such
agencies for review and comment suitable
descriptions of their plans, programs and
activities for purposes of coordination
with district conservation programs; to
arrange for and participate in conferences
necessary to avoid conflict among such
plans and programs, to call attention to
omissions, and to avoid duplication of
effort.
(9)
To compile information and make
studies, summar~es and analysis of district programs in relation to each other
and to other resource conservation programs on a state-wide basis.
(10)
To assist conservation districts
in obtaining legal services from state and
local legal officers.·
(11)
To require annual reports from
conservation districts, the form and content of which shall be developed by the
commission.
(12)
To establish by regulations,
with
the assistance and advice of the state
auditor's office, adequate and reasonably
uniform accounting and auditing procedures
which shall be used by conservation districts. (1973 1st ex.s. c 184 § 8; 1961 c
240 § 6; 1955 c 304 § 7. Prior:
1949 c
106 § 1, part; 1939 c 187 § 4, part; Rem.
Supp. 1949 § 10726-4, part.]
197 3 RCW SUPP.
[ 789
*Reviser's note:
"this act" and "this
1973--aiiiendatory-act", see note following
RCW 89.08.020.
PETITION TO ,EOR."· ~!.§.!!!IC!=
To form a conservation district, twenty-five or more persons occupying land within the area to be affected
may file a
petition with the commission
asking that the area be organized into a
district.
The petition shall givB the name of the
proposed district, state that it is needed
in the interest of the public health,
safety, and welfare,
give a general description of the area proposed to be
organized and request that the commission
determine that it be created, and that it
define the boundaries thereof and call an
election on the question of creating the
district.
If more than one petition is filed covering parts of the same area, the commission may consolidate all or any of them.
[1973 1s't ex.s. c 184 § 9; 1961 c 240 § 7;
1961 c 17 § 1.
Prior:
1939 c 187 § 5,
part; RRS § 10726-5, part.]
89.08. 080
CO!!~!!§.~
89.08.090
NOTICE Q! g~]§==~!ARI]Q~
Within thirty--days after a petition is
filed, the commission shall give due notice of the time and place of a public
hearing thereon.
At the hearing all interested persons shall be heard.
If it appears to the commission that
additional land should be included in the
district, the hearing shall be adjourneG
and a new notice given covering the entire
area and a new date fixed for further
hearing, unless waiver of notice by the
owners of the additional land is filed
with the commission.
No district shall include any portion of
a railroad right of way, or another similar district.
The lands included in a
district need not be contiguous.
(1973
1st ex.s. c 184 § 10; 1955 c 304 § 9.
Prior:
1939 c 187 § 5, part; RRS § 107265, part.)
89.08.100
FI!~INGS--Qg~~~
After the
hearing, if the commission finds that the
public health, safety, and welfare warrant
the creation of the district, it shall
enter an order to that effect and define
the boundaries thereof by metes and bounds
or by legal subdivisions.
In making its findings the commission
shall consider the topography of the particular area and of the state generally;
the composition of the soil; the distribution of erosion; the prevailing land use
practices; the effects upon and benefits
to the land proposed to be included; the
relation of the area to existing watersheds and agricultural regions and to
other similar districts organized or proposed; and consider such other physical,
J
89.08.100
RECLAMATION, SOIL CONSERVATION AND LAND SETTLEMENT
--------------------------------------------------------------------------------------geographical, and economic factors as are
relevant.
If the commission finds there is no need
for the district, it shall enter an order
denying the petition, and no petition
covering the same or substantially the
same area may be filed within six months
thereafter.
(1973 1st ex.s. c 184 § 11;
1955 c 304 § 10. Prior: 1939 c 187 § 5,
part; RRS § 10726-5, part.]
89.08.110
ELECTION--HOW CONDUCTED. If
the commissionfinds-that-the-diStrict is
needed, it shall then determine whether it
is practicable. To assist the commission
in determining this question, it shall,
within a reasonable time, submit the proposition to a vote of the land occupiers in
the proposed district.
The commission shall fix the date of the
election, designate the polling places,
fix the hours for opening and closing the
polls, and appoint the election officials.
The election shall be conducted, the vote
counted and returns canvassed and the
results published by
the,
commission.
[ 1973 1st ex.s. c 184 § 12; 1955 c 304 §
11. Prior:
1939 c 187 § 5, part: RRS §
10726-5, part. 1
89.08.120
~!1LO!~~
The
commission
shall provide the ballots for the election
which shall contain the words
"o For creation of a conservation district of the lands below described and
lying in the county or
counties
of
,"
and
and
"o Against creation of a conservation
district of the lands below described and
lying
in
the county or counties of
--------,
and
n
The ballot shall-set-forth-the~oundaries
of the proposed district, and contain a
direction ~o insert an X in the square of
the voter's choice. [1973 1st ex.s. c 184
§ 13;
1961 c 240 § 8; 1955 c 304 § 12.
Prior:
1939 c 187 § 5, part; RRS § 107265, part.]
-------·
________
89.08.130
NOTICE
Q! ~1~£!!Q!~
The
commission shair-9ive due notice of the
election, which shall state generally the
purpose of the election, the date thereof,
the place and hours of voting, and set
forth the boundaries of the
proposed
district.
Only qualified electors within the proposed district as determined by the commission may vote at the election.
Each
voter shall vote in the polling place
nearest his residence.
If he resides
outside the district, he shall vote at the
nearest polling place of the district.
[ 1973 1st ex.s. c 184 § 14; 1955 c 304 §
13.
Prior:
1939 c 187 § 5, part; RRS §
10726-5, part.]
89.08.140
~l~!~~ Qf fl~!BI!~ !!~ EL~£=
The commission shall bear all expense of giving the notices and conducting
the hearings and election, and shall issue
regulations governing all hearings and
elections and supervise the conduct thereof. It shall provide for registration of
eligible voters or prescribe the procedure
to determine the eligible voters.
No informality in connection with the election
shall invalidate the results, if the notice thereof was substantially given, and
the election fairly conducted. (1973 1st
ex.s. c 184 § 15; 1955 c 304 § 14. Prior:
1939 c 187 § 5, part;
RRS § 10726-5,
part. 1
!IQ!~
89.08.150
PROCEDURE AFTER CANVASS. If
a majority o~~he--votes--cast--at- the
election are against the creation of the
district, the commission shall deny the
petition. If a majority favor the district, the commission shall determine the
practicability of the project.
In making such determination, the commission shall consider the attitude of the
land occupiers of the district; the number
of eligible voters who voted at the election; the size of the majority vote; the
wealth and income of the land occupiers;
the probable expense of carrying out the
project; and any other economic factors
relevant thereto.
If the commission finds that the project
is impracticable it shall enter an order
to that effect and deny the petition.
When the petition has been denied, no new
petition covering the same or substantially the same area may be filed within six
months therefrom. [ 1973 1st ex.s. c 184 §
16; 1955 c 304 § 15. Prior: 1939 c 187 §
5, part; RRS § 10726-5, part.]
89.08.160
APPOINTMENT OF SOPERVISORSAPf1~£A~IQ! To-sEciETiRt-oF-sTATE~--!~the
comm1SS10n finds the-project practicable,
it shall appoint two supervisors, one of
whom shall be a landowner or operator of a
farm, who shall be qualified by training
and experience to perform the specialized
skilled services required of them.
They,
with the three elected supervisors, two of
whom shall be landowners or operators of a
farm, shall constitute the governing board
of the district.
The two appointed supervisors shall file
with the secretary of state a sworn application, reciting that a petition was filed
with the commission for the creation of
the district; that all required proceedings were had thereon;
that they were
appointed by the commission as such supervisors; and that the application is being
filed to complete the organization of the
district. It shall contain the names and
residBnces of the applicants, a certified
copy of their appointments, the name of
the district, the location of the office
of the supervisors and the term of office
of each applicant.
[ 790 ]
CONSERVATION DISTRICTS
89.08.190
--------------------------------------------------------------------------------------The application shall be accompanied by
a statement of the commission, reciting
that a petition was filed, notice issued,
and hearing held thereon as required; that
it determined the need for the district
and defined the boundaries thereof; that
notice was given and an election held on
the question of creating the district;
that a majority vote favored the district,
and that the commission had determined the
district practicable; and shall set forth
the boundaries of the district. [1973 1st
ex.s. c 184 § 17; 1955 c 304 § 16. Prior:
1939 c 187 § 5, part; RRS § 10726-5,
part. 1
89.08.170
~B~!!BI OF STATE'S CERTIF!fAD=CH!NGE Ql ng~ !£ -th:e--secretar"Y
of state finds that the name of the
proposed district is such as will not be
confused with that of any other district,
he shall enter the application and statement in his records. If he finds the name
may be confusing, he shall certify that
fact to the commission, which shall submit
a new name free from such objections, and
he shall enter the application and statement as modified, in his records.
Thereupon the district shall be considered
organized into a body corporate.
The secretary of state shall then issue
to the supervisors a certificate of organization of the district under the seal of
the state, and shall record the certificate in his office. Proof of the issuance
of the certificate shall be evidence of
the establishment of the district, and a
certified copy of the certificate shall be
admissible as evidence and shall be proof
of the filing and contents thereof.
The
name of a conservation district may be
changed upon recommendation by the supervisors of a district and approval by the
state conservation commission and the secretary of state.
The new name shall be
recorded by the secretary of state following the same general procedure as for the
previous name. [1973 1st ex.s.
c 184 §
18; 1961 c 240 § 9;
1955 c 304 § 17.
Prior: 1951 c 216 § 1; 1939 c 187 § 5,
part; RRS § 10726-5, part.]
89.08.180
!]!EXAT!QN
OF
TERRI!QB!_-=
!l!Q OR MOR~
added to an
existing district upon filing a petition
as in the case of formation with the
commission by occupiers of the lands to be
included. The same procedure shall be
followed
as for the creation of the
district.
As an alternate procedure, the commission may upon the petition of a majority
of the land occupiers in any one or more
districts or in unorganized territory adjoining a conservation district change the
boundaries of a district, or districts, if
such action will promote the practical and
feasible administration of such district
or districts.
~.Q!!NDAR!
CHANG~~OMlillliQ
~~!RIC!~
Territory may be
1973 RCW SUPP.
Upon petition of the boards of supervisors of two or more districts, the commission may approve the combining of all or
parts of such districts and name the.
district, or districts, with the approval
of the name by the secretary of state.
A
public hearing and/or a referendum may be
held if deemed necessary or desirable by
the commission in order to de~ermine ~he
wishes of land occupiers.
When districts are combined, the joint
boards of supervisors will first selec~ a
chairman, secretary and other necessary
officers and select a regular date for
meetings. All elected supervisors will
continue to serve as members of the board
until the expiration of their current term
of office, and/or until the election date
nearest their expiration date.
All appointed supervisors will continue to serve
until the expiration of their current term
of office, at which time the commission
will make the necessary appointments.
In
the event that more than two districts are
combined, a similar procedure will be set
up and administered by the commission.
When districts are combined or territory
is moved from one district to another, the
property, records and accounts of the
districts involved shall be distributed to
the remaining district or districts as
approved by the commission. A new certificate of organization, naming and describing the new district or districts, shall
be issued by the secretary of state.
[1973 1st ex.s. c 184 § 19; 1961 c 240 §
10; 1955 c 304 § 18. Prior:
1951 c 216 §
2;
1939 c 187 § 5, part; RRS § 10726-5,
part. ]
89.08.190
NOMINATION !!g ~b~CTION Ql
SUPERVISORS--ANNUAL MEETING OF
VOTERS.
within--thirty--days a:fter~he-rssuance-oi
the certificate of organization,
unless
the time is extended by the commission,
petitions shall be filed with the commission to nominate candidates for the three
elected supervisors.
The petition shall
be signed by not less than twenty-five
district electors, and a district elector
may sign petitions nominating more than
one person.
In the case of a new district, the commission shall give due notice to elect the
three supervisors.
All provisions pertaining to elections on the creation of a
district shall govern this election so far
as applicable. The names of all nominees
shall appear on the ballot in alphabetical
order, together with instructions to vote
for three. The three candidates receiving
the most votes shall be declared elected
supervisors, the one receiving the most
being elected for a three-year term, the
next for two and the last for one year.
An alternate method of dividing the district into three zones may be used when
requested by the board of supervisors and
approved by the commission. In such case,
instructions will be to vote for one in
each zone.
The candidate receiving the
[ 791 )
89.08.190
RECLAMATION, SOIL CONSERVATION AND LAND
SETTLE~ENT
--------------------------------------------------------------------------------------most votes in a zone shall be declared
elected.
Each year after the creation of the
first board of supervisors, the board
shall by resolution and by giving due
notice, set a date during the first quarter of each calendar year at which time it
shall conduct an election. Names of candidates nominated by petition shall appear
in alphabetical order on the ballots,
together with an extra line wherein may be
written in the name of any other candidate. The commission shall establish procedures for elections, canvass the returns
and announce the official results thereof.
Election results may be announced by polling officials at the close of the election
subject to official canvass of ballots by
the commission. supervisors elected shall
take office at the first board meeting
following the election. (1973 1st ex.s. c
184 § 20; 1967 c 217 § 2; 1961 c 240 § 11;
1955 c 304 § 19; 1939 c 187 § 6; RRS §
10726-6.]
89.08.200
SU~ERVI~QRS=-T~Ii~L
!!£!!=
£IEh JiEMOV!h ET.4==COKPE!~!TIQ!h
The
term of office of each supervisor shall be
three years and until his successor is
appointed or elected and qualified, except
that the supervisors first appointed shall
serve for one and two years respectively
from the date of their appointments, as
designated in their appointments.
In the case of elected supervisors, the
term of office of each supervisor shall be
three years and until his successor is
elected and qualified, except that for the
first election, the one receiving the
largest number of votes shall be elected
for three years; the next largest two
years; and the third largest one year.
successors shall be elected for three-year
terms.
Vacancies in the office of appointed supervisors shall be filled by the state
conservation commission. Vacancies in the
office of elected supervisors shall be
filled by appointment made by the remaining supervisors for the unexpired term.
A majority of the supervisors shall constitute a quorum and the concurrence of a
majority is required for any official
action or determination.
supervisors shall serve without compensation, but they shall be entitled to
expenses, including traveling expenses,
necessarily incurred in discharge of their
duties.
A supervisor may be removed by
the state conservation commission upon
notice and hearing, for neglect of duty or
malfeasance in office, but for no other
reason.
The governing board shall designate a
chairman from time to time.
[1973 1st
ex.s. c 184 § 21; 1961 c 240 § 12; 1955 c
304 § 21. Prior:
1949 c 106 § 2, part;
1939 c 187 § 7, part; Rem. Supp.
1949 §
10726-7, part. ]
89.08.210
~Q]]~~ ~!~ ]]!1]~ OF SUPERThe supervisors may -employ--;
secretary, technical experts, and such
other officers, agents, and employees,
permanent and temporary, as they may requi:e, and determine their qualifications,
dut~es, and compensation. It may call upon
the attorney _general for legal services,
or may employ ~ts own counsel and legal
staff.
The supervisors may delegate to
their chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as it deems
proper.
The supervisors shall furnish to
the commission, upon request, copies of
such internal rules, regulations, orders,
contracts, forms, and other documents as
they shall adopt or employ, and such other
information concerning their activities as
the commission may require in the performance of its duties under *this 1973
amendatory act. The supervisors shall provide for the execution of surety bonds for
officers and all employees who shall be
entrusted with funds or property.
The supervisors shall provide for the
keeping of a full and accurate record of
all proceedings, resolutions, regulations,
and orders issued or adopted. The supervisors shall provide for an annual audit
of the accounts of receipts and disbursements in accordance with procedures prescribed by regulations of the commission.
The board may invite the legislative
body of any municipality or county near or
within the district, to designate a representative to advise and consult with it on
all questions of program and policy which
may affect the property, water supply, or
other interests of such municipality or
county. The governing body of a district
shall appoint such advisory committees as
may be needed to assure the availability
of appropriate channels of communication
to the board of supervisors, to persons
affected by district operations, and to
local, regional, state and interstate special-purpose districts and agencies responsible for community planning, zoning,
or other resource development activities.
The district shall keep such committees
informed of its work, and such advisory
committees shall submit recommendations
from time to time to the board of supervisors. [1973 1st ex.s. c 18ij § 22; 1955 c
304 § 22. Prior: 1949 c 106 § 2, part:
1939 c 187 § 7, part; Rem.
Supp. 1949 §
10726-7, part.)
!!~QJ!~.:.
,!Rgyiset~§ y_Qt.~
"this 1973 amendatory
act", see note following RCW 89.08.020.
89.08.220
Q! ~I~!RI£~
CORPORATE STATUS AND POWERS
~con;;rvation-aistrict--or:
ganized under the provisions of *this 1973
amendatory act shall constitute a governmental subdivision of this state, and a
public body corporate and politic exercising public powers, but shall not levy
taxes or issue bonds and such district,
and the supervisors thereof, shall have
[ 792 ]
CONSERVATION DISTRICTS
89.08.220
--------------------------------------------------------------------------------------the following powers, in addition to othgranted .in other sections of *this
1973 amendatory act:
(1) To
conduct surveys, investigations,
and research relating to the conservation
of renewable natural resources and the
preventive and control measures and works
of improvement needed, to publish the
results of such surveys,
investigations,
or research,
and to disseminate information concerning such preventive and control measures and works of improvement:
PROVIDED, That in order to avoid duplication of research activities, no district
shall initiate any research program except
in cooperation with the governmP.nt of this
state or any of its agencies, or with the
United States or any of its agencies;
(2) To conduct educational and demonstrational projects on any lands within
the district upon obtaining the consent of
the occupier of such lands and such necessary rights or interests in such lands as
may be required in order to demonstrate by
example the means, methods, measures,
and
works of improvement by which the conservation of renewable natural resources may
be carried ou.t;
(3)
To carry out preventative and control measures and works of improvement for
the conservation of renewable natural resources, within the district including,
but not limited to,
engineering operations, methods of cultivation, the growing
of vegetation, changes in use of lands,
and the measures listed in RCW 89.08.010,
on any lands within the district upon
obtaining the consent of the occupier of
such lands and such necessary rights or
interests
in
such
lands as may be
required;
(4)
To cooperate or enter into agreements with, and within the limits of
appropriations duly made available to it
by law, to furnish financial or other aid
to any agency, governmental or otherwise,
or any occupier of lands within the district in the carrying on of preventive and
control measures and works of improvement
for the conservation of renewable natural
resources within the district, subject to
such conditions as the supervisors may
deem necessary to advance the purposes of
*this 1973 amendatory act;
(5)
To obtain options upon and
to acquire in any m~nner, except by condemnation, by purchase, exchange, lease,
gift,
bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and
improve any properties acquired, to receive income from such properties and to
expend such income in carrying out the
purposes and provisions of *this 1973
amendatory act; and to sell, lease, or
otherwise dispose of any of its property
or interests therein in furtherance of the
purposes and the provisions of *this act;
(6) To make available, on such terms,
as it shall prescribe, to land occupiers
ers
1973 RCW SUPP.
within the district, agricultural and engineering machinery and equipment, fertilizer, seeds,
seedlings,
and such other
equipment and material as will assist them
to carry on operations upon their lands
for the conservation of renewable natural
resources;
(7) To prepare and keep current a comprehensive long-range program recommending
the conservation of all the renewable
natural resources of the district.
such
programs shall be directed toward the best
use of renewable natural resources and in
a manner that will best meet the needs of
the district and the state, taking into
consideration,
where appropriate, such
uses as farming, grazing, timber supply,
forest, parks, outdoor recreation, potable
water supplies for urban and rural areas,
water for agriculture, minimal flow, and
industrial uses, watershed stabilization,
control of soil erosion, retardation of
water run-off, flood prevention and control, reservoirs and other water storage,
restriction of developments
of
flood
plains,
protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, preservation
of wilderness areas and wild rivers, the
prevention or reduction of sedimentation
and other pollution in rivers and other
waters, and such location of highways,
schools, housing developments, industries,
airports and other facilities and structures as will fit the needs of the state
and be consistent with the best uses of
the renewable natural resources of the
state.
The program shall include an inventory of all renewable natural resources
in the district, a compilation of current
resource needs, projections of future resource requirements, priorities for various
resource
activities,
projected
timetables, descriptions of available alternatives, and provisions for coordination with other resource programs.
The district shall also prepare an annual work plan,
which shall describe the
action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of
the long-range programs that are of the
highest priorities.
The districts shall hold public hearings
at appropriate times in connection with
the preparation of programs and plans,
shall give careful consideration to the
views expressed and problems revealed in
hearings, and shall keep the public informed concerning their programs, plans,
and activities. Occupiers of land shall be
invited to submit proposals for consideration to such hearings. The districts may
supplement such hearings with meetings,
referenda and other suitable means to
determine the wishes of interested parties
and the general public in regard to current and proposed plans and programs of a
district. They shall confer with public
and private agencies, individually and in
groups, to give and obtain information and
understanding of the i_mpact of district
( 793 ]
89.08.220
RECLAMATION, SOIL CONSERVATION AND LAND SETTLEMENT
--------------------------------------------------------------------------------------.operations upon agriculture, forestry, water supply and quality, flood control,
particular industries, commercial concerns
and other public and private interests,
both,Iural and urban.
Each district shall submit to the comm'ission its proposed long-range program
and annual work plans for review and
comment.
The long-range
renewable natural resource program, together with the supplemental annual work plans, developed by
each district under the foregoing procedures shall have official status as the
authorized program of the district, and it
shall be published by the districts as its
"renewable resources program".
Copies
shall be made available by the districts
to the appropriate counties, municipalities, special purpose districts and state
agencies, and shall be made available in
convenient places for examination by public land occupier or private interest
concerned.
Summaries of the program and
selected material therefrom shall be distributed as widely as feasible for public
information;
(8) To administer any project or program
concerned with the conservation of renewable natural resources located within its
boundaries undertaken by any
federal,
state, or other public agency by entering
into a contract or other appropriate administrative arrangement with any agency
administering such project or program;
(9)
cooperate with other districts organized under *this 1973 amendatory act in
the exercise of any of its powers;
(10) To accept donations,
gifts, and
contributions in money, services, materials, or otherwise, from the United States
or any of its agencies, from this state or
any of its agencies, or from any other
source, and to use or expend such moneys,
services, materials, or any contributions
in carrying out the purposes of *this act;
(11)
To sue and be sued in the name of
the district; to have a seal which shall
be judicially noticed; have perpetual succession unless terminated as hereinafter
provided; to make and execute contracts
and other instruments, necessary or convenient to the exercise of its powers; to
borrow money and to pledge, mortgage and
assign the income of the district and its
real or personal property therefor; and to
make, amend rules and regulations not
inconsistent with *this 1973 amendatory
act and to carry into effect its purposes;
(12)
Any two or more districts may engage in joint activities by agreement
between or among them in planning, financing, constructing, operating, maintaining,
and administering any program or project
concerned with the conservation of renewable natural resources.
The districts
concerned may make available for purposes
of the agreement any funds,
property,
personnel, equipment, or services available to them under *this 1973 amendatory
act;
Any district may enter into such agreements with a district or districts in
adjoining states to carry out such purposes if the law in such other states
permits the districts in such states to
enter into such agreements.
The commission shall have authority to
propose, guide, and facilitate the establishment and carrying out of any such
agreement;
(13)
Every district shall, through public hearings, annual meetings, publications, or other means, keep the general
public, agencies and occupiers of land
within the district, informed of the works
and activities planned and administered by
the district, of the purposes these will
serve, of the income and expenditures of
the district, of the funds borrowed by the
district and the purposes for which such
funds are expended, and of the results
achieved annual! y by the district; and
(14)
The supervisors of conservation
districts may designate a~ area, state,
and national association of conservation
districts as a coordinating agency in the
execution of the duties imposed by this
chapter, and to make gifts in the form of
dues, quotas, or otherwise to such associations for costs of services rendered, and
may support and attend such meetings as
may be required to promote and perfect the
organization and to effect its purposes.
(1973 1st ex.s. c 184 § 23; 1963 c 110 §
1; 1961 c 240 § 13; 1955 c 304 § 23.
Prior:
(i} 1939 c 187 § 8; RRS § 10726-8.
(ii) 1939 c 187 § 13; RRS § 10726-13.)
*Reviser's note: "this act" and "this
1973-aiiiendatory-act", see note following
RCW 89.08.020.
89.08.340
INTERGOVERNMENI!1
!IQN-=TRANSf~liL
ALL~!IOHL
Qf
~QQPER!=
fQH~~~
[1961 c 240 § 14; 1939 c 187 § 14; RRS §
10726-14.] Repealed by 1973 1st ex.s. c
184 § 29.
89.08.341
Ili!ERGOVER~ENT!1
TIQH==!~THORIT~
Any agency of
COQPER!=
the government of this state and any
local
political subdivision of this state is
hereby authorized to make such arrangements with any district, through contract,
regulation or other appropriate means,
wherever it believes that such arrangements will promote administrative efficiency or economy.
In connection with any such arrangements, any state or local agency or political subdivision
of
this
state
is
authorized, within the limits of funds
available to it, to contribute funds,
equipment, property or services to any
district; and to collaborate with a district in jointly planning, constructing,
financing or operating any work or activity provided for in such arrangements and
in the joint acquisition, maintenance and
( 794 ]
RECLAMATION BY STATE
89.16.(120
--------------------------------------------------------------------------------------operation of equipment or facilities in
connection therewith.
state agencies, the districts, and other
local agencies are authorized to make
available to each other maps, reports and
data in their possession that are useful
in the preparation of their respective
programs and plans for resource conservation. The districts shall keep the state
and local agencies fully informed concerning the status and progress of the preparation
of their resource conservation
programs and plans.
The state conservation commission and
the counties of the state may provide
respective conservation districts such administrative funds as will be necessary to
carry out the purpose of *this 1973 amendatory act. [1973 1st ex.s. c 184 § 24.]
!!!~.lie~~§ .!lQj:~,i "this 1973 amendatory
act", see note following RCW 89.08.020.
89.08.350
PETITION !Q ~I~~QLVE DI~=
TRICT==!1~0N~
it- any time after five
years from the organization of a district,
one hundred land occupiers in the district
may file with the commission a petition,
praying that the district be dissolved.
The commission may hold public hearings
thereon, and within sixty days from receipt of the petition, shall give due
notice of an election on the question of
dissolution.
It shall provide appropriate
ballots, conduct the election, canvass the
returns, and declare the results in the
same manner as for elections to create a
district.
All district electors may vote at the
election. No informality relating to the
election shall invalidate it if notice is
substantially given and the election is
fairly conducted. [1973 1st ex.s. c 184 §
25; 1955 c 304 § 25. Prior: 1939 c 187 §
15, part; RRS § 10726-15, part.]
89.08.360
RESULT Qr ~b~ION-~~I=
]!!IQ! QI PRACT~ILI!~ If a majority
of the votes cast at the election are for
dissolution,
the district shall be dissolved.
If two-thirds of the votes are
against dissolution, the commission shall
determine whether the continuance of the
district is practicable.
In making the
determination it shall consider all the
factors considered by it in determining
that the district was practicable originally. If it finds that further operation
of the district is impracticable it shall
order it dissolved and certify its determination to the supervisors.
[1973 1st
ex.s. c 184 § 26; 1955 c 304 § 26. Prior:
1939 c 187 § 15, part;
RRS § 10726-15,
part. ]
89.08.370
~~SOLU!I~
Ql~RQ~IIIQ!
QI
Ari~
YEQB
If the district 1s ordered
dissolved, the supervisors shall forthwith
terminate the affairs of the district and
1973 RCW SUPP.
dispose of all district property at public
auction, and pay the proceeds therefrom to
the state treasurer.
They shall then file a verified application with the secretary of state for the
dissolution of the district, accompanied
by a certificate of the commission reciting the determination that further operation of the district is impracticable.
The application shall recite that the
property of the district has been disposed
of, that the proceeds therefrom have been
paid to the treasurer, and contain a full
accounting of the property and proceeds.
Thereupon the secretary shall issue to the
supervisors a certificate of dissolution
and file a copy thereof in his records.
[1973 1st ex.s. c 184 § 27; 1955 c 304 §
27. Prior:
1939 c 187 § 15, part; RRS §
10726-15, part.]
89.08.360
EFFECT QI g~§Q1Q!IQN--CQ~=
MITTEE SUBSTITOTED7
A dissolution of a
district-shiii-not-affect any contracts or
obligations of the district.
Upon the
issuance of the certificate of dissolution, the commission shall be substituted
for the supervisors and it shall assume
all the duties, liabilities, and powers of
the supervisors.
When a petition for the dissolution of a
district is rejected, no new petition may
be filed for a period of five years.
[1973 1st ex.s. c 184 § 28; 1955 c 304 §
28.
Prior:
1939 c 187 § 15, part; RRS §
10726-15, part.]
89.08.391
WATER RIGHTS PRESERVED.
Insofar as any ofthe -provfsions-of this
chapter are inconsistent with the provi~
sions of any other law, the provisions of
this chapter shall be controlling: PROVIDED, HOWEVER, That none of the provisions of this chapter shall be construed
so as to impair water rights appurtenant
to lands within or without the boundaries
of any district or districts organized
hereunder. [1973 1st ex.s. c 184 § 30.]
89.08.901
SEVERABILITY--1973 1ST EX.S,
1ft~~ If any-provision-of-this-chapter;
or the application of any provision to any
person or circumstances, is held invalid,
the remainder of the chapter and the
application of such provision to other
persons or circumstances shall not be
affected thereby. [1973 1st ex.s. c 184 §
£
31.]
Chapter 89.16
RECLAMATION BY STATE
ACfQg!I
£E~=
For the purpose of
carrying out the provisions of this chapter the state reclamation revolving account,
heretofore
established
and
89.16.020
~CLAH!!IQ!
!!~Q==CO~Q§I!IQ~
[ 795 )
89.16.020
RECLAMATION, SOIL CONSERVATION AND LAND SETTLEMENT
--------------------------------------------------------------------------------------hereinafter called the reclamation account, shall consist of all sums appropriated thereto by the legislature; all gifts
made to the state therefor and the proceeds of the sale thereof; the proceeds of
the sale or redemption of and the interest
earned by securities acquired with the
moneys thereof; and all reimbursements for
moneys advanced for the payment of assessments upon public lands of the state for
the improvement thereof. (1973 1st ex.s.
c 40 § 1; 1972 ex.s. c 51 § 2; 1959 c 104
§ 2.
Prior: 1919 c 158 § 4, part: RRS §
3007, part.]
90.48.262
Implementation of RCW 90.48.260--Permits for thermal power
plants--Rules and procedures.
90.58.030
90.58.140
Definitions and concepts.
Development permits--Grounds
for granting--Departmental appeal on issuance--Administration by local government,
conditions--Rescission--When
permits not required-Approval
when permit for variance or
conditional use.
Rules and regulations.
Appeals from granting, denying
or rescinding permits, procedure--Board to act, when--Local
government appeals to board-Grounds for declaring master
program invalid--Appeals to
court, procedure.
Referendum to the people--1971
act--Determining if act continues in force and effect. (See
note.)
90.58.175
90.58.180
89.16.120
!A! 1~11~ (1933 c 24 § 1;
1931 c 80 § 1; 1929 c 94 § 1; 1927 c 218 §
1; 1925 ex.s. c 151 § 1; 1919 c 158 § 12;
RRS § 3015.] Repealed by 1973 1st ex.s. c
40 § 2.
90.58.930
TITLE 90
WATER RIGHTS--ENVIRONMENT
(FORMERLY: WATER RIGHTS)
Sections added, amended, or repealed:
~haRtsu;.
90.62.010
90.62.020
90.62.030
90.1.!:!. Wate£ Righi§=::Reqist£~=
:t_ion=:-Waiyg£ g_Jag j_eli!l9:!!i2l!J!gJ'!L.
g:t_£!_
90.62.040
90.14.051
Statement of claim--contents-Short form.
90.62.050
90.16.090
90.62.060
Disposition of fees.
~gRtgi. ~
Regyla:ti.Qn of
~.!!121ic
!ii.Q.i!1lQ
!t~ter2.!.
90.44.035
90.62.070
90.62.080
"Ground waters", "natural
ground water" and "artificially
stored ground water" defined.
90.62.090
90.62.100
90.48.010
90.48.070
90.48.120
90.48.140
90.48.144
90.48.160
90.48.260
Policy enunciated.
Determination of polluting substances, conditions.
Notice of department's determination that violation has or
will occur--Report to department of compliance with determination--Order or directive to
be issued--Notice.
Penalty.
Violations--Civil penalty--Procedure-Appeals.
Waste disposal permit--Required--Exemptions.
Federal water pollution control
act--Department designated as
state agency, authority--Powers, duties and functions.
90.62.110
90.62. 120
90.62. 900
90.62. 901
90.62.904
90.62.905
90 .62. 906
90.62.907
[ 796 J
Legislative finding--Purposes.
Definitions.
Thermal power plants exempt
from chapter.
Master application for proposed
pro ject--Cont en ts--Requirements--Notice to state agencies--Forms.
Notice of proposed project-Publication--Contents--Public
hearing.
Public hearing--Procedure-Final decisions.
Withdrawal of agency from
participation.
Departmental review--Judicial
review.
Application, scope, construction of chapter-Continuation
of fee schedules.
compliance with local zoning
ordinances and plans--Certification--Other laws not
affected.
Rules--Authority--Cooperation
enjoined.
Permit requirements information
centers-Offices for environmental permit applications-Procedures.
Report to legislature.
conflicts with federal requirements-Compliance with federal
laws.
Liberal construction.
Short title.
Effective date--1973 1st ex.s.
c 185.
severability--1973 1st ex.s. c
185.
REGULATION OF PUBLIC GROUND WATERS
90.44.035
--------------------------------------------------------------------------------------Chapter 90. 14
WATER
RIGHT~--REGISTRATION--WAIVER
AND RE-
LINQUISHMENT, ETC.
90.14.051
STAIEM~!I
Ql ~1AI~==~Q!~
T!RTS==§liQ]I FO~~~ The statement of claim
for each right shall include substantially
the following:
(1) The name and mailing address of the
claimant.
(2) The name of the watercourse or water source from which the right to divert
or make use of water is claimed, if
available.
(3)
The quantities of water and times
of use claimed.
fQ)
The legal description, with reasonable certainty, of the point or points of
diversion and places of use of waters.
(5) The purpose of use, including, if
for
irrigation,
the number of acres
irrigated.
(6) The approximate dates of first putting water to beneficial use for the
various amounts and times claimed in subsection (3) .
(7) The legal doctrine or doctrines
upon which the right claimed is based,
including
if
statutory, the specific
statute.
(8)
The sworn statement that the claim
set forth is true and correct to the best
of claimant's knowledge and belief.
Except, however, that any claim for diversion or withdrawal of surface or ground
water for those uses described in the
exemption from the permit requirements of
RCW 90.44.050 may be filed on a short form
to be provided by the department.
such
short form shall only require inclusion of
sufficient data to identify the claimant,
source of water, purpose of use and legal
description of the land upon which the
water is used: PROVIDED, That the provisions of RCW 90.14.081 pertaining to evidentiary value of filed claims shall not
apply to claims submitted in short form:
AND PROVIDED FURTHER, That claimants for
such minimal uses may, at their option,
file statements of claim on the standard
form used by all other claimants. [1973
1st ex.s. c 113 § 1; 1969 ex.s. c 284 §
14. ]
Chapter 90.16
APPROPRIATION OF WATER FOR PUBLIC AND INDUSTRIAL PURPOSES
90.16.090
DISPOSITION OF FEES.
All
fees paid under-provisions
this- chapter, shall be credited by the state treasurer to the reclamation revolving fund
and subject to legislative appropriation,
be allocated and expended by the director
of the department of conservation for
investigations and surveys of natural resources in cooperation with the federal
of
1 97 3 RCW SUPP.
government, or independently thereof, including stream gaging, hydrographic, topographic, river, underground water, mineral
and geological surveys: PROVIDED, That in
any one biennium all said expenditures
shall not exceed total receipts from said
power license fees collected during said
biennium:
AND PROVIDED FURTHER, That the
portion of money allocated by said director to be expended in cooperation with the
federal government shall be contingent
upon the federal government making avail•
able equal amounts for such investigations
and surveys.
(1973 c 106 § 39; 1939 c 209
§ 1; 1929 c 105 § 3; RRS § 11575-3.]
Chapter 90.44
REGULATION OF PUBLIC GROUND WATERS
9C.44.035
ill\QY.ND
WATER~
"GROUNQ
ANQ
WA~~
"NA!QR!1
~!BTif!gAL11
STOBED
GROUND WATER" DEFINED.
All waters that
eiistbeneath-th~laiids,u:face or beneath
the bed of any stream, lake or reservoir,
or other body of surface water within the
boundaries of this state, whatever may be
the geological formation or structure in
which
such
water
stands
or flows,
percolates or otherwise moves, are defined
for
the purposes of this chapter as
"ground waters." There is recognized a
distinction between: (1) water that exists
in underground storage owing wholly to
natural processes; for the purposes of
this chapter such water is designated as
"natural ground water."
(2) Water that is
made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise
would have been dissipated by natural
waste; for the purposes of this chapter
such water is designated as "artificially
stored ground water •• [1973 c 94 § 2;
1945 c 263 § 3; RRS § 7400-3.
Formerly
RCW 90.44.010.]
f!!ll22~12.11
£ 94..:_ "It is the purpose
of this 1973 amendatory act to state as
well as reaffirm the intent of the legislature that "ground waters," as defined in
chapter 263, Laws of 1945, means all
waters within the state existing beneath
the land surface, and to remove any possible ambiguity which may exist as a result
of the dissenting opinion in State v.
Ponten, 77 in.2d 463 (1969), or otherwise,
with regard to the meaning of "ground
waters" in the present wording of RCW
90.44.035.
The definition set forth in
section 2 of this 1973 amendatory act
accords with the interpretation given by
all of the various administrative agencies
having responsibility for administration
of the act since its enactment in 1945."
[1973 c 94 § 1.]
This applies to the
amendment to RCW 90.44.035 by 1973 c 94 §
2.
[ 797 J
WATER RIGHTs--ENVIRONMENT
Ch. 90.48
--------------------------------------------------------------------------------------Chapter 90.48
WATER POLLUTION CONTROL
Cross Reference:
Domestic waste treatment
fication
and regulation
Chapter 70.95B RCW.
plant s--Certiof opera tors:
90.48.010 ~Q11£l ~!Q~CIAI~~~
It is
declared to be the public policy of the
state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent
with public health and public enjoyment
thereof, the propagation and protection of
wild life, birds, game, fish and other
aquatic life, and the industrial development of the state, and to that end require
the use of all known available and reasonable methods by industries and others to
prevent and control the pollution of the
waters of the state of washington.
Consistent with this policy, the state of
Washington will exercise its powers, as
fully and as effectively as possible, to
retain and secure high quality for all
waters
of
the state.
The state of
Washington in recognition of the federal
government's interest in the quality of
the navigable waters of the United states,
of which certain portions thereof are
within the jurisdictional limits of this
state, proclaims a public policy of working cooperatively with the federal government in a joint effort to extinguish the
sources of water quality
degradation,
while at the same tim~ preserving and
vigorously exercising state powers to insure that present and future standards of
water quality within the state shall be
determined by the citizenry, through and
by the efforts of state government, of the
state of Washington.
(1973 c 155 § 1;
1945 c 216 § 1; Rem. Supp. 1945 § 10964a.]
90.48.070
.§!lligANC~h
DETERMINATION OF POLLUTING
£Q!!DITIQ!fS. -f194Sc 216§13;
Rem. Supp.
1945
1973 c 155 § 10.
90.48.120
§ 10964m.]
NOTIC~
Qf
Repealed by
Qlif!liTMENT~~ ~=
IERMI.!!:AIIQ!! I_HAT Y.IQLATIQ!! 1!!~ OR !lib
QCCUR==REPOR! TO Q]£AR,Til~]1 QK £0M~1IANC]
.H.lll! ~TERMI}!ATIOJ!=::Q.!m.ll OR ~IRE!!!.~ !Q
~~
!~SU~Q==!!OTIC~
(1)
Whenever, in the
opinion of the department, any person
shall violate or is about to violate the
provisions of this chapter, or fails to
control the polluting content of waste
discharged or to be discharged into any
waters of the state, the department shall
notify such person of its determination by
registered mail. such determination shall
not constitute an order or directive under
RCW 90.48.135.
Within thirty days from
the receipt of notice of such determination,
such person shall file with the
department a full report stating what
steps have been and are being taken to
control such waste or pollution or to
otherwise comply with the determination of
the department. Whereupon the department
shall issue such order or directive as it
deems appropriate under the circumstances,
and shall notify such person thereof by
registered mail.
(2)
Whenever the department deems immediate action is necessary to accomplish
the purposes of chapter 90.48 RCW, it may
issue such order or directive, as appropriate under the circumstances, without
first issuing a notice or determination
pursuant to subsection
(1) of this section.
An order or directive issued pursuant to this subsection shall be served by
registered mail or personally upon any
person to whom it is directed. (1973 c
155 § 2; 1967 c 13 § 11; 1945 c 216 § 18;
Rem. supp. 1945 § 1C964r,]
90.48. 140
!:t.NALI.:h Any person found
guilty of wilfully violating any of the
provisions of this chapter, or any final
written orders or directive of the department or a court in pursuance thereof shall
be deemed guilty of a crime, and upon
conviction thereof shall be punished by a
fine of up to ten thousand dollars and
costs of prosecution, or by imprisonment
in the county jail for not more than one
year, or by both such fine and imprisonment in the discretion of the court. Each
day upon which a wilful violation of the
provisions of this chapter occurs may be
deemed a separate and additional violation.
[1973 c 155 § 8; 1945 c 216 § 20;
Rem. Supp. 1945 § 10964t.]
90.48.144
!!OLAilQl!~==£!!!1
!:~HAb!I==
RBQ£~DUR~==!ff~LS~
Every person who:
(1)
Violates the terms or conditions of
a waste discharge permit issued pursuant
to RCW 90.48.180 or *this amendatory act,
or
(2)
Conducts a commercial or industrial
operation or other point source discharge
operation without a waste discharge permit
as required by RCW 90.48.160 or *this
amendatory act, or
(3)
Violates the provisions of RCil 90.48.080, shall incur, in addition to any
other penalty as provided by law, a penalty in an amount of up to five thousand
dollars a day for every such violation.
Each and every such violation shall be a
separate and distinct offense, and in case
of a continuing violation, every day's
continuance shall be and be deemed to be a
separate and distinct violation.
Every
act of commission or omission which procures, aids or abets in the violation
shall be considered a violation under the
provisions of this section and subject to
the penalty herein provided for.
The
penalty herein provided for shall be imposed by a notice in writing, either by
certified mail with return receipt requested or by personal service, to the
[ 798 ]
WATER POLLUTION CONTROL
91).48.260
--------------------------------------------------------------------------------------person incurring the same from the director of the department or his authorized
delegate describing such violation with
reasonable particularity. The director or
his authorized delegate may, upon written
application therefor received within fifteen days after notice imposing any penalty is received by the person incurring the
penalty, and when deemed in the best
interest to carry out the purposes of this
chapter, remit or mitigate any penalty
provided for in this section upon such
terms as he in his discretion shall deem
proper, and shall have authority to ascertain the facts upon all such applications
in such manner and under such regulations
as he may deem proper. Any person incurring any penalty hereunder may appeal the
same to the hearings board as provided for
in chapter 43.21B RCW.
Such appeals shall
be filed within thirty days of receipt of
notice imposing any penalty unless an
application for remission or mitigation is
made to the department.
When an application for remission or mitigation is made,
such appeals shall be filed within thirty
days of receipt of notice from the director or his authorized delegate setting
forth the disposition of the application.
Any penalty imposed hereunder shall become
due and payable thirty days after receipt
of a notice imposing the same unless
application for remission or mitigation is
made or an appeal is filed.
When an
application for remission or mitigation is
made, any penalty incurred hereunder shall
become due and payable thirty days after
receipt of notice setting forth the disposition of the application unless an appeal
is filed from such disposition.
Whenever
an appeal of any penalty incurred hereunder is filed, the penalty shall become due
and payable only upon completion of all
review proceedings and the issuance of a
final order confirming the penalty in
whole or in part.
If the amount of any
penalty is not paid to the departm~nt
within thirty days after it becomes due
and payable, the attorney general,
upon
the request of the director, shall bring
an action in the name of the state of
washington
in
the superior court of
Thurston county or of any county in which
such violator may do business, to recover
such penalty.
In all such actions the
procedure and rules of evidence shall be
the same as an ordinary civil action
except as otherwise in this chapter provided.
All penalties recovered under this
section shall be paid into the state
treasury and credited to the general fund.
[1973 c 155 § 9; 1970 ex.s. c 88 § 13;
1967 ex.s. c 139 § 14.]
!Revi§!a£.!..2. ~te..:. "this amendatory act",
see note following RCW 90.48.262.
90.48.160
WASTE QI~f~1 R~R~I~==B~=
2YI~Q:-EXEMRTION~~
Any person who conducts a commercial or industrial operation
of any type which results in the disposal
1973 RCW SUPP.
[ 799
of solid or liquid waste material into the
waters of the state, including commercial
or industrial operators dicharging solid
or liquid waste material into sewerage
systems operated by municipalities or public entities which discharge into public
waters of the state,
shall procure a
permit from either the department or the
thermal power plant site evaluation council as provided in RCW 90.48.262
(2)
before disposing of such waste material:
PROVIDED, That this section shall not
apply to any person discharging domestic
sewage only into a sewerage system.
The department may, through the adoption
of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for:
(1)
Categories of or individual municipalities or public corporations operating
sewerage systems; or
(2)
Any category of waste disposer;
if the department determines such permit
requirements are no longer necessary for
the effective implementation of this chapter.
[ 1973 c 155 § 3; 1967 c 13 § 13;
1955 c 71 § 1.]
I~DE~!b HATER POLLYIIQ! ~Q!=
!~Q~RJR!~!! QEaiGNAl~Q
STATE
!§]!£!~
!Y~liQRITY--POWE~2L
QY~I~§
!!Q
90.48.260
!RQ1
FU!~TIQ!~
!2
The department of ecology is
hereby designated as the State Water Pollution Control Agency for all purposes of
the Federal Water Pollution Control Act as
it now exists and is hereby authorized to
participate fully in the programs of the
act as well as to take all action necessary to secure to the state the benefits
and to meet the requirements of that act.
The powers granted herein include, among
others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise,
the following:
(1)
Complete authority to establish and
administer a comprehensive state point
source waste discharge or pollution discharge elimination permit program which
will enable the department to qualify for
full participation in any national waste
discharge or pollution discharge elimination permit system and will allow the
department to be the sole agency issuing
permits required by such national system
operating in the state of Washington subject to the provisions of RCW 9Q.q8.262
(2). Program elements authorized herein
may include, but are not limited to:
(a)
Effluent treatment and limitation requirements together with timing requirements
related thereto; (b) applicable receiving
water quality standards requirements;
(c)
requirements of standards of performance
for new sources; (d) pretreatment requirements; (e) termination and modification of
permits for cause;
(f)
requirements for
public notices and opportunities for public hearings;
(g)
appropriate relationships with the secretary of the army in
the administration of his responsibilities
which relate to anchorage and navigation,
J
90.48.260
WATER RIGHT5-ENVIRONMENT
--------------------------------------------------------------------------------------vith the administrator of the environmental protection agency in the performance
of his duties, and with other governmental
officials under the Federal water Pollution Control Act;
(h)
requirements for
inspection, monitoring, entry, and reporting;
(i,
enforcement of
the
program
through penalties, emergency pavers, and
criminal sanctions; (j) a continuing planning process; and (k) user charges.
(2) The power to establish and administer state programs in a manner which will
insure the procurement of moneys, whether
in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water
pollution control facilities and works;
and the administering of various state
water pollution control management, regulatory, and enforcement programs.
{3) The power to develop and implement
appropriate programs pertaining to continuing planning processes, area-wide waste
treatment
management plans, and basin
planning.
The governor shall have authority to
perform those actions required of him by
the Federal Water Pollution Control Act.
(1973 c 155 § 4; 1967 c 13 § 24. J
of *this act including, but not limited
to, monitoring and enforcement of certification agreements, and in qualifying for
full participation in any such national
system. (1973 c 155 § 5.]
90.48.262
IMPb]ME!!A!ION QI ~£! 20.48=
.!.26Q::-PER,!1ITS FOR !HERM!1 fQ!~!! illlli=
,RQ1ES !!!! gROCEDURES.
(1)
The powers
established under RCW 90.48.260 shall be
implemented by the department through the
adoption of rules in every appropriate
situation. The permit program authorized
under RCW 90.48.260 (1) shall constitute a
continuation of the established permit
program of RCW 90.48.160 and other applicable sections within chapter 90.~8 RCW.
The appropriate modifications as authorized in *this 1973 amendatory act are
designed to avoi,d duplication and other
wasteful practices and to insure that the
state permit program contains all required
elements of and is compatible with the
requirements of
any
national
permit
system.
(2)
Permits for thermal power plants
subject to chapter 80.50 RCW shall be
issued by the thermal power plant site
evaluation council:
PROVIDED, That such
permits shall become effective only if the
governor approves an application for certification and executes a certification
agreement pursuant to said chapter. The
council shall have all powers necessary to
establish and administer a point source
discharge permit program pertaining to
such plants, consistent with applicable
receiving water quality standards established by the department, and to qualify
for full participation in any national
waste discharge or pollution discharge
elimination permit system.
The council
and the department shall each adopt, by
rules, procedures which will provide maximum coordination and avoid duplication
between the two agencies with respect to
permits in carrying out the requirements
90.58.030
DEFINITIONS
AND £.Q1!£EP!~..!.
As used in thischapter;-unless the context otherwise requires, the following
definitions and concepts apply:
( 1)
Administration:
(a)
"Department 11 means the department
of ecology;
{b)
"Director" means the director of
the department of ecology;
any
(c)
"Local
government"
means
county. incorporated city, or town which
contains within its boundaries any lands
or waters subject to this chapter;
(d)
"Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal
corporation, or agency of the state or
local
governmental
unit
however
designated;
(e)
"Hearing board" means the shoreline
hearings
board
established
by
this
chapter.
(2)
Geographical:
(a)
"Extreme low tide" means the lowest
line on the land reached by a receding
tide;
(b)
"Ordinary high va ter mark." on all
la~es, streams, and tidal
water is that
mark that will be found by examining the
bed and banks and ascertaining where the
presence and action of waters are so
common and usual, and so long continued in
all ordinary years, as to mart upon the
soil a character distinct from that of the
abutting upland, in respect to vegetation
as that condition exists on June 1, 1971
or as it may naturally change thereafter:
PROVIDED, That in any area where the
ordinary high water mark cannot be found,
the ordinary high water mart adjoining
salt water shall be the line of mean
!.Revis~!§ n21~
"this 1973 amendatory
act" and "this act" apparently refer to
1973 c 155, which consists of this section, amendments to RCW 90.48.010, 90.48.120, 90.48.140, 90.48.144,
90.~8.160,
90.48.260,
and
the
repeal
of
RCW
90.48.070.
cross Reference:
Marine oil
pollution--Baseline
study
program: RCW 43.21A.405-43.21A.420.
SHORELINE
Chapter 90.58
~ANAGEMENT ACT OF 1971
cross Reference:
Marine oil
pollution--Baseline
study
program: RCW 43.21A.405-43.21A.420.
[ 800 ]
SHORELINE MANAGEMENT ACT OF 1971
9(1.58.030
--------------------------------------------------------------------------------------higher high tide and the ordinary high
water mark adjoining fresh water shall be
the line of mean ·high water;
(~
"Shorelines of the state" are the
total of all "shorelines" and "shorelines
of state-wide significance" within the
state;
(~
"Shorelines" means all of the water
areas of the state, including reservoirs,
and their associated wetlands, together
with the lands underlying them: except (i)
shorelines
of state-wide significance;
(ii) shorelines on segments of streams
upstream of a point where the mean annual
flow is twenty cubic feet per second or
less and the wetlands associated with such
upstream segments; and (iii) shorelines on
lakes less than twenty acres in size and
wetlands associated with such small lakes;
(e)
"Shorelines of state-wide significance" means the following shorelines of
the state:
(i) The area between the ordinary high
water mark and the western boundary of the
state from Cape Disappointment on the
south to Cape Flattery on the north,
including harbors, bays, estuaries, and
inlets;
(ii) Those areas of Puget Sound and
adjacent salt waters and the Strait of
Juan de Fuca between the ordinary high
water mark and the line of extreme low
tide as follows:
(A)
Nisqually Delta--from DeWolf Bight
to Tatsolo Point,
(B)
Birch Bay--from Point Whitehorn to
Birch Point,
(C)
Hood
canal--from Tala Point to
Foulweather Bluff,
(D)
Skagit Bay and adjacent area--from
Brown Point to Yokeko Point, and
(E)
Padilla Bay--from March Point to
William Point;
(iii)
Those areas of Puget Sound and
the Strait of Juan de Fuca and adjacent
salt waters north to the Canadian line and
lying seaward from the line of extreme low
tide;
(iv)
Those lakes, whether natural, artificial or a combination thereof, with a
surface acreage of one thousand acres or
more measured at the ordinary high water
mark;
(v)
Those natural rivers or segments
thereof as follows:
(A)
Any west of the crest of the Cascade range downstream of a point where the
mean annual flow is measured at one thousand cubic feet per second or more,
(B)
Any east of the crest of the Cascade range downstream of a point where the
annual flow is measured at two hundred
cubic feet per second or more,
or those
portions of rivers east of the crest of
the Cascade range downstream from the
first three hundred square miles of drainage area, whichever is longer;
(vi)
Those
wetlands associated with
(i) , (ii) , (i v) , and (v) of this subsection (2) (e) ;
(f)
"Wetlands" or "wetland areas" means
those lands extending landward for two
1973 RCW SUPP.
[ 801
hundred feet in all directions as measured
on a horizontal plane from the ordinary
high water mark; and all marshes, bogs,
swamps, floodways, river deltas, and flood
plains associated with the streams, lakes
and tidal waters which are subject to the
provisions of this chapter; the same to be
designated as to location by the department of ecology.
(3)
Procedural terms:
(a)
"Guidelines" means those standards
adopted to implement the policy of this
chapter for regulation of use of the
shorelines of the state prior to adoption
of master programs. Such standards shall
also provide criteria to local governments
and the department in developing master
programs;
(b)
"Master program" shall mean the
comprehensive use plan for a described
area, and the use regulations together
with maps, diagrams, charts or other descriptive material and text, a statement
of desired goals and standards developed
in accordance with the policies enunciated
in RCW 90.58.020;
(c)
"State master program" is the cumulative total of all master programs approved or adopted by the department of
ecology;
(d)
"Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling;
dumping; filling;
removal of any sand,
gravel or minerals; bulkheading; driving
of piling; placing of obstructions; or any
project of a permanent or temporary nature
which interferes with the normal public
use of the surface of the waters overlying
lands subject to this chapter at any state
of water level;
(e)
"Substantial
development"
shall
mean any development of which the total
cost or fair market value exceeds one
thousand dollars, or any development which
materially interferes with the normal public use of the water or shorelines of the
state; except that the following shall not
be considered substantial developments for
the purpose of this chapter:
{i)
Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements;
(ii)
Construction of the normal protective bulkhead common to single family
residences;
(iii)
Emergency construction necessary
to protect property from damage by the
elements;
(iv)
Construction of a barn or similar
agricultural structure on wetlands;
(v)
Construction
or modification of
navigational aids such as channel markers
and anchor buoys;
(vi)
Construction on wetlands by an
owner, lessee or contract purchaser of a
single family residence for his own use or
for the use of his family, which residence
does not exceed a height of thirty-five
feet above average grade level and which
meets all requirements of the state agency
or local government having jurisdiction
]
90.58.030
WATER RIGHTS--ENVIRONMENT
-------------------------------------------------------thereof, other than requirements imposed
pursuant to this chapter;
(vii) Construction of a dock, designed
for pleasure craft only, for the private
no~commercial use of the owner, lessee
or
contract purchaser of a single family
residence, the cost of which does not
exceed two thousand five hundred dollars.
[1973 1st ex.s. c 203 § 1; 1971 ex.s. c
286 § 3.)
90.58.140
!:QR
DEVELQRtl~NT ~ITS
~i!NTIMG--pEPARTMEN!A1 APf~!1
!KL::AQ!1INISTRATIQ! !!!. 1QCAL
£QHDIT!ONS--RESCI~!==!Ht!
GRQQ!Q~
ON ISSU=
QQll.!U!ill!.L
PEE~!~
!QI
!:OR !!!!=
!K! Q!i CO!Q!!!Q1U1 Q~~.:.. (1) No development shall be undertaken on the shorelines
of the state except those which are consistent with the policy of this chapter
and, after adoption or approval, as appropriate, the applicable guidelines, regulations or master program.
(2)
No substantial development shall be
undertaken on shorelines of the state
without first obtaining a permit from the
government entity having administrative
jurisdiction under this chapter.
A permit shall be granted:
(a) From June 1, 1971 until such time
as an applicable master program has become
effective, only when the development proposed is consistent with: (i) The policy
of RCW 90.58.020; and (ii) after their
adoption, the guidelines and regulations
of the department; and (iii) so far as can
be ascertained, the master program being
developed for the area. In the event the
department is of the op1n1on that any
permit granted under this subsection is
inconsistent with the policy declared in
RCW 90.58.020 or is otherwise not authorized by this section, the department may
appeal the issuance of such permit within
thirty days to the hearings board upon
written notice to the local government and
the permittee;
(b) After adoption or approval, as appropriate, by the department of an applicable master program, only
when
the
development proposed is consistent with
the applicable master program and the
policy of RCW 90.58.020.
(3) Local government shall establish a
program, consistent with rules adopted by
the department, for the administration and
enforcement of the permit system provided
in this section. Any such system shall
include a requirement that all applications and permits shall be subject to the
same public notice procedures as provided
for applications for waste disposal permits for new operations under RCW 90.48.170. The administration of the system so
established shall be performed exclusively
by local government.
(4) Such system shall include provisions to assure that construction pursuant
to a permit will not begin or be authorized until forty-five days from the date
of final approval by the local government
~UD
Aff!illVAL !!!ID! fERMI!
( 802
or, except in the case of any permit
issued to the state of Washington, department of highways, for the construction and
modification of the SR 90 (I-90) bridges
across Lake Washington, until all review
proceedings are terminated if such proceedings were initiated within forty-five
days from the date of final approval by
the local government.
(5) Any ruling on an application for a
permit under authority of this section,
whether it be an approval or a denial,
shall, concurrently with the transmittal
of the ruling to the applicant, be filed
with the department and the
attorney
general.
(6)
Applicants for permits under this
section shall have the burden of proving
that a proposed substantial development is
consistent with the criteria which must be
met before a permit is granted.
In any
review of the granting or denial of an
application for a permit as provided in
RCW 90.58.160 (1), the person requesting
the review shall have the burden of proof.
(7}
Any permit may be rescinded by the
issuing authority upon the finding that a
permittee has not complied with conditions
of a permit. In the event the department
is of the opinion that such noncompliance
exists, the department may appeal within
thirty days to the hearings board for a
rescission of such permit upon written
notice to the local government and the
permittee.
(8)
The holder of a certification from
the governor pursuant to chapter 80.50 RCW
shall not be required to obtain a permit
under this section.
(9)
No permit shall be required for any
development on shorelines of the state
included within a preliminary or final
plat approved by the applicable state
agency or local government prior to April
1, 1971, if:
(a) The final plat was approved after
April 13, 1961, or the preliminary plat
was approved after April 30, 1969, or
(b) Sales of lots to purchasers with
reference to the plat, or substantial
development incident to platting or re•
quired by the plat, occurred prior to
April 1, 1971, and
(c) The development to be made without
a permit meets all requirements of the
applicable state agency or local government, other than requirements imposed pursuant to this chapter, and
(d) The development does not involve
construction of buildings, or involves
construction on wetlands of buildings to
serve only as community social or recreational facilities for the use of owners of
platted lots and the buildings do not
exceed a height of thirty-five feet above
average grade level, and
. .
(e) The development is completed w~th~n
two years after the effective date of this
chapter.
(10)
The applicable state agency or
local government is authorized to approve
a final plat with respect to shorelines of
SHORELINE MANAGEMENT ACT OF 1971
90.58.180
--------------------------------------------------------------------------------------the state included within a preliminary
plat approved after April 30, 1969, and
prior to April 1, 19 71 :
PROVIDED, That
any substantial development within the
platted shorelines of the state is authorized by a permit granted pursuant to this
section, or does not require a permit as
provided in subsection (9) of this section, or does not require a permit because
of substantial development occurred prior
to June 1, 1971.
(11)
Any permit for a variance or a
conditional use by local government under
approved master programs must be submitted
to the department for its approval or
disapproval.
( 197 3 2nd ex. s. c 19 § 1;
1971 ex.s. c 266 § 14.]
90.58.175
RULES !HQ EEG~1!TIQ!§~ The
shorelines hearings board may adopt rules
and regulations governing the administrative practice and procedure in and before
the board. [1973 1st ex.s. c 203 § 3.]
90.58.180
JNG
OB
]QAB] TO
!~!!~
E]Q! §]!!IJ!2L DE!I=
m~nm.l~
REM.l~L
!£!~ !~EB--=1Q£!b
ggocEDURE=
§9!EB!]E!I !R=
l!!~ IQ ]Q!R~~~QHQ~ !QB QE£1!EIM~ ~!~=
!~ R~Q§B~
rNIA&JQ==AERE!1a !2 £QQBI~
gROCEQQBl~
(1)
Any person aggrieved by
the granting or denying of a permit on
shorelines of the state, or rescinding a
permit pursuant to RCW 90.58.150 may seek
review from the shorelines hearings board
by filing a request for the same within
thirty days of receipt of the final order.
Concurrently with the filing of any request for review with the board as provided in this section pertaining to a final
order of a local government, the requestor
shall file a copy of his request with the
department and the attorney general. If it
appears to the department or the attorney
general that the requestor has valid reasons to seek review, either the department
or the attorney general may certify the
request within thirty days after its receipt to the shorelines hearings board
following which the board shall then. but
not otherwise, review the matter covered
by the requestor: PROVIDED, That the failure to obtain such certification shall not
preclude the requestor from obtaining a
review in the superior court under any
right to review otherwise available to the
requestor. The department and the attorney
general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at
any time within forty-five days from the
date ~f the filing of said copies by the
requestor.
(2)
The department or the attorney general may obtain review of any final order
granting a permit, or granting or denying
an application for a permit issued by a
local government by filing a written request with the shorelines appeals board
and the appropriate local government within forty-five days from the date the final
1973 RCW SUPP.
order was filed as provided in subsection
(5) of RCW 90.58.UO.
(3)
The review proceedings authorized
in subsections (1) and (2)
of this section are subject to the provisions of
chapter 34.04 RCW pertaining to procedures
in contested cases. Judicial review of
such proceedings of the shorelines hearings board may be had as provided in
chapter 34.04 RCW.
(4)
Local government may appeal to the
shorelines hearings board any rules, regulations, guidelines, designations, or master programs for shorelines of the state
adopted or approved by the department
within thirty days of the date of the
adoption or approval.
The board shall
make a final decision within sixty days
following the hearing held thereon.
(a)
In an appeal relating to a master
program for shorelines, the board, after
full consideration of the positions of th~
local government and the department, shall
determine the validity of the master program. If the board determines that said
program:
(i)
is clearly erroneous in light of
the policy of this chapter; or
(ii)
constitutes an implementation of
this chapter in violation of constitutional or statutory provisions; or
(iii)
is arbitrary and capricious; or
(iv)
was developed without fully considering and evaluating all proposed master programs submitted to the department
by the local government; or
(v)
was not adopted in accordance with
required procedures;
the board shall enter a final decision
declaring the program invalid, remanding
the master program to the department with
a statement of the reasons in support of
the determination, and directing the department to adopt, after a thorough consultation
with
the
affected
local
government, a new master program.
Unless
the board makes one or more of the determinations as hereinbefore provided, the
board shall find the master program to be
valid and enter a final decision to that
effect.
(b)
In an appeal relating to a master
program for shorelines of state-wide significance the board shall approve the
master program adopted by the department
unless a local government shall, by clear
and convincing evidence and argument, persuade the board that the master program
approved by the department is inconsistent
with the policy of RCW 90.58.020 and the
applicable guidelines.
(c)
In an appeal relating to rules,
regulations, guidelines, master programs
of state-wide significance, and designations, the standard of review provided in
RCW 34.04.070 shall apply.
(5)
Rules, regulations, designations,
master programs, and guidelines shall be
subject to review in superior court, if
authorized
pursuant to RCW 34.04.070:
PROVIDED, That no review shall be granted
by a superior court on petition from a
[ 803 )
90.58.180
WATER RIGHTS--ENVIRONMENT
--------------------------------------------------------------------------------------local government unless the local government shall first have obtained review
under subsection (4) of this section and
the petition for court review is filed
within three months after the date of
final decision by the shorelines hearings
board. (1973 1st ex.s. c 203 § 2; 1971
ex.s. c 286 § 18.)
programs relating to air, water, and land
resources.
(e) Establish the opportunity for members of the public to obtain information
pertaining to requirements of federal and
state law which must be satisfied prior to
undertaking a project in the state. (1973
1st ex.s. c 185 § 1.)
90.58.930
REFERENDUM TO THE PEOPLEm~~TERMININ§ u-A£:r-£oN:rrN!iEs x!
FORg !!'!Q RIECL..
90.62.020
DElJNITIQ!~
For purposes
of this chapter the following words mean,
unless the
context
clearly
dictates
otherwise:
(1)
"Board" means the pollution control
hearings board.
(2)
"Department" means the department
of ecology.
(3)
"Local government" means a county,
city or town.
11
(4)
Permit" means any license, permit,
certificate, certification, approval, compliance schedule, or other similar document
pertaining to any regulatory or
management program related to the protection, conservation, or use of, or interference with, the natural resources of
land, air or water in the state, which is
required to be obtained from a state
agency prior to constructing or operating
a project in the state of Washington.
Permit shall also mean a substantial de•
velopment permit under RCW
90.58.140.
Nothing in this chapter shall relate to a
permit issued by the department of labor
and industries or by the utilities and
transportation commission; nor to
the
granting of proprietary interests in publicly owned property such
as
sales,
leases,
easements,
use
permits
and
licenses.
(5)
"Person" means any individual, municipal, public, or private corporation,
or other entity however denominated, including a state agency and county.
(6) "Processing" and "processing of applications" mean the entire process to be
followed in relation to the making of
decisions on an application for a permit
and review thereof as provided in RCW
90.62.040 through 90.62.080.
(7) "Project" means any new activity or
any expansion of or addition to an existing activity, fixed in location, for which
permits are required from the department
of ecology and one or more other state
agencies prior to construction or operation, including, but not limited to industrial and
commercial
operations
and
developments.
(8) "State agency" means any state department, commission, board or other agency of the state however titled.
For the
limited purposes of this chapter only
"state agency" shall also mean (a)
any
local or regional air pollution control
authority established under chapter 70.94
RCW and (b) any local government when said
government is acting in its capacity as a
decision maker on an application for a
permit pursuant to RCW 90.58.140.
[1973
1st ex.s. c 185 § 2.]
1971
B~!ise~!§ nQ!~
Chapter 90.58 RCW [1971
ex.s. c 286] vas approved and validated at
the 1972 general election as Alternative
Measure 43B.
Chapter 90.62
ENVIRONMENTAL COORDINATION PROCEDURES ACT
LEG!2LATIY!
FINDING--PQB=
It is the sense of the
legislature that the heavy burdens placed
upon persons proposing to undertake certain types of projects in this state
through requirements to obtain numerous
permits and related documents from various
state and local agencies are undesirable
and should be alleviated. The legislature
further finds that present methods for
obtaining public views in relation to
applications to state and local agencies
pertaining to these projects are cumbersome and place undue hardships on members
of the public thereby thwarting the public's ability to present such views.
(2)
The purposes of this chapter are
to:
(a) Provide for an optional procedure
to assist those who, in the course of
satisfying the requirements of state government prior to undertaking a project
which contemplates the use of the state's
air, land, or water resources, must obtain
a number of permits, from the department
of ecology and one or more state or local
agencies by establishing a mechanism in
state government which will coordinate
administrative decision-making procedures,
and related quasi judicial and judicial
review, pertaining to such documents.
(b) Provide to members of the public a
better and easier opportunity to present
their views comprehensively on proposed
uses of natural resource and related environmental matters prior to the making of
decisions on such uses by state or local
agencies.
(c) Provide to members of the public
who desire to carry out the aforementioned
projects within the state of Washington a
greater degree of certainty in terms of
permit requirements of state and local
government.
(d) Provide better coordination and understanding between state and local agencies in the administration of the various
90.62.010
fQ§~~
(1)
[ 804 ]
ENVIRONMENTAL COORDINATION PROCEDURES ACT
90.62.050
--------------------------------------------------------------------------------------90.62.030
f.HQ!t
!M]]~!~ gg~ER R~!N!§
~XE~f!
(3) The department shall submit application forms relating to permit programs
identified in affirmative responses under
subsection (2) of this section to the
applicant with a direction to complete and
return them to the department within a
reasonable time as specified
by
the
department.
(4)
When such applications, properly
completed, have been returned to the department, each of the applications shall
be transmitted to the appropriate state
agency for the performance of its responsibilities of decision making in accordance with the procedures of this chapter.
(5) For the purpose of establishing
priority dates upon water right permits
and certificates issued pursuant to rulings on applications under chapters 90.03
and 90.44 RCW and processed under this
chapter, the priority date shall be the
date of submitting the master application
to the department or the county office as
provided in RCW 90.62.120 (2). ( 1973 1st
ex. s. c 18 5 § 4. ]
f!!!Rll!l~
Nothing ~n this chapter
shall apply to a plant or project which is
required to be the subject of a certification by the governor pursuant to chapter
ao.so ncw. [ 1973 1st ex.s. c 185 § 3. J
tQR
90.62.040
~~!!!l !~PL!f!I!QR
fRQ~
}!OS~ !!RQ!llii=CONTIDii§.=REQ!!IR~r!ENT§.=l!Q~
IICE !Q STATE AGENCIES--FQRM§.~
(1}
Any
person proposing a project may submit a
master application to the department requesting the issuance of all permits necessary prior to the construction
and
operation of the project in the state of
washington. The master application shall
be on a form furnished by the department
and shall contain precise information as
to the location of the project, and shall
describe the nature of the project including any discharges of wastes proposed
therefrom and any uses of, or interferences with, natural resources contemplated.
No master application shall be accepted
for processing by the department of ecology pursuant to this chapter unless it is
accompanied py the certification of local
government·provided for in RCW 90.62.100.
(2) Upon receipt of a properly completed master application, the
department
shall immediately notify in writing each
state agency having a possible interest in
the master application arising from requirements pertaining to a permit program
under its jurisdict~on. The notification
from the department shall be accompanied
by a copy of the master application together with the date by which the agency
shall respond to the notice. Each notified agency shall respond in writing to
the department within the specified date,
not exceeding fifteen days from receipt,
as determined by the department, advising
(a) (i) whether the agency
does or does
not have an interest in the master application, and (a) (ii) if the response to
(a) (i) of this subsection is affirmative,
the permit program or programs under the
agency's jurisdiction to which the project
described in the master application is
pertinent, and whether, in relation to the
master application, a public hearing as
provided in RCW 90.62.050 and 90.62.060
would or would not be of value taking into
consideration the overall public interest.
Each notified agency
which
(b)
(i)
responds within the specified date that it
does not have an interest in the master
application or (b) (ii) does not respond
as required above within the specified
date, shall not subsequently require a
permit of the applicant for the project
described in the master application; provided the bar to requiring a permit subsequently shall not be applicable if the
master application provided the notified
agency contained false, misleading, or
deceptive information, or other information, or lack thereof, which would reasonably lead an agency to misjudge
its
interest in a master application.
1973 RCW SUPP.
[
90.62.050
!Q!I~ QI g~QRQ~~~ !!RQ~I==
P0ll!£ATION==CONTENTS--PUB,t!£
J.!!!ll!Ui~
(1)
The department, within a reasonable
time after transmittal under RCW 90.62.040
(4), shall cause a notice to be published
at the applicant's expense once each week
on the same day of the week for three
consecutive weeks in a newspaper of general circulation within each county in which
the project is proposed to be constructed
or operated.
The notice shall describe
the nature of the master application including, with reasonable specificity, the
project proposed, its location, the various permits applied for, and the state
agency having jurisdiction over each such
permit. Except as provided in RCW 90.62.050 (2}, the notice shall also state the
time and place of the public hearing (to
be held not less than twenty days after
the date of last publication of the notice) • It shall further state that a copy
of the master application and a copy of
all permit applications for the project
are available for public inspection in the
office for environmental permit applications of each county in which the project
is proposed to be constructed or operated,
as well as at the Olympia office and
appropriate regional office of the department, together with such other locations
as the department may designate.
(2)
If the responses received by the
department from state agencies under RCW
90.62.040 (2) unanimously state the position tha,t a public hearing in relation to
a master application would not be of value
taking into consideration the overall public interest, and the department, after a
careful evaluation, taking into consideration all interests involved, including
the opportunities for members of the public to present views, concludes likewise,
the provisions of subsection (1)
of this
section pertaining to the time and place
805
]
90.62.050
WATER RIGHTS--ENVIRONMENT
--------------------------------------------------------------------------------------of a public hearing shall not be included
in the notice.
In place thereof the
notice shall state that members of the
public may present relevant views and
supporting materials in writing to the
department in relation to any of the
permits applied for within thirty days
after the last date of publication of the
notice in a newspaper. (1973 1st ex.s.
c
185 § 5. 1
(5)
In situations where a notice is
provided pursuant to RCW 90.62.050 (2) and
no public hearing is conducted,
the department shall, after thirty days after
the last notice publication in the newspaper, submit a copy of all views and
supporting material received by it to each
agency having an application for a permit
before it as described in the notice.
Concurrently
therewith, the department
shall notify each state agency, in writing,
of the date by which final decisions
on applications shall be forwarded to the
department:
PROVIDED, That this date may
be extended by the department for reasonable cause.
Each such final decision
shall consist of the same contents as
provided for final decisions in RCW 90.62.060 {4).
(6)
As soon as all final decisions are
received by the department from the various participating state agencies, as provided in RCil 90.62.060 (4)
and {5), the
department shall incorporate them, without
modification, into one document and transmit the same to the applicant either
personally or by registered mail.
(7)
Each state agency having jurisdiction to approve or deny an application for
a permit shall have continuing power as
vested in it prior to enactment of this
chapter
to
make such determinations.
Nothing in RCW 90.62.030 through 90.62.060
shall lessen or reduce such powers, and
such sections shall modify only the procedures to be followed in the carrying out
of such powers.
(8)
A state agency may in the performance of its responsibilities of decision
making under this chapter, request or
receive additional information from an
applicant and others prior or subsequent
to a public hearing as necessary to the
performance thereof.
[1973 1st ex.s. c
185§6.1
90. 62. 060
~UBLI£
1!EAlllffi=RliQ£EDill_-=
fl!AL QgfiSIONS.
(1)
Except as provided
in RCW ~0.62.050 (2), prior to any final
decision on any permit applications relating to a project subject to the procedures
of this chapter, a public hearing shall be
held in the county in which all or a major
part of the proposed project is to be
constructed or operated, such hearing to
be held pursuant to notice made under RCW
90.62.050
(1).
At any such hearing the
applicant may submit any relevant information and material in support of his applications, and members of the public may
present relevant views and supporting materials in relation to any or all of the
applications being considered.
(2)
Each state agency having an application for a permit before it as described
in the notice in RCW 90.62.050
(1)
shall
be represented at the public hearing by
its chief administrative officer or his
designee. The director of the department,
or a hearing officer duly appointed by
him, shall chair the hearing; however, the
representative of any state agency (other
than the department) within whose jurisdiction a specific application lies shall
conduct the portion of the hearing pertaining to submission of
information,
views, and supporting materials which are
relevant to that application. The chairman may,
when appropriate, continue a
hearing from time to time and place to
place. The hearing shall be recorded in
any manner suitable for transcription as
determined by the department.
(3)
No provisions of chapter 34.04 RCW
shall apply to the hearing provided for by
this section.
Said hearing shall be conducted for the purpose of obtaining information for the
assistance
of
state
agencies but shall not be considered a
trial or adversary proceeding.
(4)
Upon completion of the public hearing the chairman, after consultation with
the state agency representatives, shall
establish the date by which all state
agencies shall forward their final decisions on applications before them to the
department:
PROVIDED, That this date may
be extended by the chairman for reasonable
cause.
Every fin.al decision shall set
forth the basis for the conclusion reached
together with a
final order denying the
application for a permit or granting it,
subject to such conditions of approval as
the deciding agency may have power to
impose.
[
90.62.070
f!R!IfiPATIQN~
!JTHQR!!!~
Qf
~~EfX
fRQ~
A state agency
responding
affirmatively as provided in RCW 90.62.040
(2) may withdraw from further participation in the processing provided in RCW
90.62.040, 90.62.050, and 90.62.060 at any
time,
by written notification to the director, if it subsequently appears to such
state agency that it has no permit programs under its jurisdiction applicable to
the project.
(1973 1st ex.s. c 185 § 7.]
90.62. 080
DEPARTMENTAL
REV!EW--JUDICI!~ gEVI~!~ (1)-~ny-person-aggrieved-by
any final decision contained in the document issued by the department pursuant to
RCW 90.62.060 (6} may obtain review thereof by filing a request, with the board,
within thirty days of the transmittal
under RCW 90.62.060 {6) by the department
of ecology of the document, for all final
decisions other than a final decision
relating to the granting or denial of a
substantial development permit pursuant to
806
J
ENVIRONMENTAL COORDINATION PROCEDURES ACT
90.62.110
---------------------------------------------------------------------~----------------
RCW 90.58.140 in which case the filing of
such request shall be with the shorelines
hearings board. The board shall review
all final decisions other than a final
decision on a substantial development permit which shall be reviewed by the shorelines hearings board.
In the event a
request for review includes a final decision involving a substantial development
permit and other permits, there shall be
single staged hearing of the permits by
the boards.
The board shall be authorized
to adopt rules and regulations implementing such staged hearings and the filing of
requests so as to eliminate all unnecessary duplication. The scope of review by
the boards and the standards of reviews
used by the boards for determining the
validity of any final
decision shall be
those contained in RCW 34.04.130.
(2)
Judicial review of decisions of the
actions of boards shall be controlled by
RCW 43.21B.180 through 43.21B.200 except
as they relate to decisions pertaining to
substantial development permits under RCW
90.58.140 which shall be controlled by RCW
90.58.180. [1973 1st ex.s. c 185 § 8.]
90.62.090
APPLICAI!ONL
SCQf!L
£ON=
.§.!!U!£TION OF £HAPTER-=£Ql!l.I!!!l!!.!Ql! QI !];]
.§CHEDOL~§~
Notwithstanding
any other
statutes relating to the processing of
application for permits, the procedures,
including timing requirements and approval
requirements related thereto, set forth in
this chapter shall be exclusive in relation to applications for permits filed
pursuant to RCW 90.62.040. The procedures
of this chapter shall be in lieu of any
procedures otherwise provided by statute,
existing or hereafter enacted, to be followed by a state agency in ruling upon an
application for a permit for a project
under this chapter.
(2)
The procedures of this chapter are
applicable only to projects as defined in
RCW 90.62.020
{7)
and only through the
completion of final decisions under RCW
90.62.060 and of review proceedings of RCW
90.62.080 and any ancillary proceedings.
This chapter shall have no applicability
to any applications for permit renewals,
amendments, extensions, or other similar
documents, or for replacing permits which
are required subsequent to the completion
of the decisions and proceedings under RCW
90.62.060 and 90.62.080 and any ancillary
proceedings.
For purposes of this section
"ancillary proceedings" shall mean all
proceedings, quasi judicial and
judicial,
held pursuant to any order of remand or
similar order by the board or a court in
relation to a final decision of a state
agency made hereunder and held in response
to the order of remand or similar order.
(3)
Fee schedules previously and expressly established or authorized by statute in relation to any application for a
permit shall continue to be applicable
even though processed under this chapter.
The department shall collect such fees and
1973 RCW SUPP.
[ 807
forward
agency.
them to the appropriate state
[ 197 3 1st ex.s. c 185 § 9.)
90.62.100
COMPLIANCE WITH LOCAL ZONING
QBQili!!!£~2 AliQ-Rk!Ns--£~B!1r1~!!!9!_:oTBj~
1~~~
liQ.I !!r~£!~~
(1)
No master application pertaining to a project filed under
RCW 90.62.040 shall be processed under
this chapter unless it is accompanied by a
certification from the pertinent local
government that the project is in compliance with all zoning ordinances, and associated comprehensive plans, administered
by said local government relating to
the
location of the project:
PROVIDED, That
if the local government has no such ordinances or plans the certification from
local government shall so state and issue.
For purposes of this section master programs of chapter 90.58 RCW are not zoning
ordinances administered by local government. Local governments are authorized to
accept applications for certifications as
provided in this section and are directed
to rule upon the same expeditiously to
insure the purposes of this chapter are
accomplished fully.
Upon certification,
the local government may not change such
zoning ordinances so as to affect the
proposed project until the procedures of
this chapter, including any board or court
reviews, are completed.
The provisions of
the state environmental policy act relating to the preparation of detailed impact
statements shall not be applicable to the
action approving or denying certifications
authorized in this section.
(2)
Nothing in this chapter shall modify in any manner whatsoever the applicability or inapplicability of any land use
regulation statutes or local zoning ordinances to lands of any state agency.
(3)
Approval of an application for certification as provided in this section
shall not eliminate any requirements of
the Shoreline Management Act of 1971 or
any other statutes administered by a local
government.
A ruling by local government
denying an application for certification
shall not be appealable under this chapter:
PROVIDED, That the denial of an
application for certification pursuant to
subsection
(1)
of this section shall not
preclude the applicant from filing a permit application under any other available
statute or procedure. [ 1973 1st ex.s. c
185 § 10. J
90.62.110
RULES-=!!liflQRITY==£QQg~!=
IIQ! ENJOIN~Q~ (1)
The department shall
adopt such rules as are appropriate to
carry out the provisions of this chapter.
This authority includes, but is not limited to, the following subjects and sections
or subsections of this chapter:
(a)
Master application procedures under
RCW 90.62.040 (1) and (2).
(b)
Application procedures under RCW
90.62.040 (3).
]
90.62.110
WATER RIGHTS-ENVIRONMENT
--------------------------------------------------------------------------------------(c)
Notice
procedures
under
RCW
90.62.050.
(d)
Public hearing and final decision
procedures under RCW 90.62.060 (1), (2),
and (3).
(e)
A program, and procedures, including time requirements relating thereto, to
guide local governments in the implementation of RCW 90.62.100 (1).
(f)
A listing
of the various types of
permits covered by this chapter together
with the state agency issuing each such
permit, and the statutory authority providing for such issuance.
(2)
State agencies and local governments shall cooperate fully in the preparation implementation of rules authorized
under this section and in otherwise carrying out the provisions of this chapter.
(3)
Consistent with the procedural concepts for the processing of applications
for permits established in RCW 90.62.040
through 90.62.060, the department of ecology may, by rule, establish a permit
application processing procedure which may
be used, at the request of an applicant,
in relation to two or more permit programs
administered solely by the department of
ecology. [ 1973 1st ex. s. c 185 § 11. ]
90.62.120
~MIT B%QY!RE~~!!~ IN!Qli&!=
TIO! ~t!TEg~- OFFICE~ !Q] EN!!RON~ENTA1
f.lllli !RPLIC!IIONS=f.RQf~Dug,~~.!. (1) The
department shall establish permit requirements information centers in its office at
Olympia and in all of its re~ional offices
which shall provide information to th<9
public, in readily understandable form,
pertaining to the requirements of federal,
state, and local governments for permits
which must be acquired before initiating
various types of activities and projects
proposed in the state with special emphasis being given to those permits which
apply to the use of land, air, and water
resources.
(2)
There shall be designated by each
county, in a place convenient to members
of the general public an office or offices
for environmental permit applications. It
shall he the responsibility of said office
to provide a master application as provided in ~his chapter to any person requesting the same.
It shall further be the
responsibility of the office to provide
reasonable assistance in preparation of an
application to any person requesting the
same and to accept for transmission to the
department completed master applications.
All completed master applications received
by the county office shall be submitted to
the department for processing as provided
in RCW 90.62.040 through 90.62.060.
Filing of a master application with the
county office shall constitute a submission to the department of ecology within
the meaning of RCW 90.62.040 (1).
The
department shall provide full information,
forms, instructions, and other assistance
relating to master applications and the
other features of the program of this
chapter to each county office to insure
the provisions of this section are made
fully effective in serving those desiring
to file master applications under this
chapter. [1973 1st ex.s. c 185 § 12.)
90.62.900
REPORT TO LEGISLATURE. The
department, after-consUitation-vit~other
state
agencies and local governments,
shall submit to the legislature by January
1, 1975, a report setting forth the results of the experience under this chapter
together
with any recommendations and
views pertaining to ways and means of
improving the procedures and otherwise
satisfying the purposes of this chapter.
[1973 1st ex.s. c 185 § 13.]
90.62.901
CONFLICTS !ITH
Q!!I REMID{tl=-_£Q. MP illJ!g
!I.IIi
~li!1
REf.ID!~Rll LA!§..!.
(1)
If any part of this chapter shall be
found in conflict with federal requirements which are a condition precedent to
the allocation of federal funds authorized
to the state, such conflicting part of
this chapter is declared to he inoperative
to the limited extent of such conflict and
with respect to the agencies directly
affected, and such findings or determination shall not affect the operation of the
remainder of this chapter in its application to the agencies concerned.
(2)
The department of ecology, to the
limited extent necessary to comply with
procedural requirements of federal statutes relating to permit systems operated
by the state, may modify the notice,
timing, hearing and related procedural
matters provided in this chapter.
(1973
1st ex.s. c 185 § 14.)
90.62.904
LIBERAL CONSTRUCTION.
The
rule of stric~construction shall have no
application to this chapter and it shall
be liberally construed in order to carry
out its purposes. (1973 1st ex.s. c 185 §
15. 1
90.62.905
SHORT TITLE.
This 1973 act
shall be known-as-the Environmental Coordination Procedures Act of 1973.
( 1973
1st ex.s. c 185 § 16.)
90.62.906
~f.FE~Il!~
DATE--1973
1~!
EX.S. C 185.
This 1973 ac~-shall take
effect-on-January 1, 1974, except that the
department, state agencies, and local governments are authorized to take such steps
as are necessary prior to that date to
insure that this 1973 act is properly
implemented on its effective date.
(1973
1st ex.s. c 185 § 18.]
[ 808 ]
ENVIRONMENTAL COORDINATION PROCEDURES ACT
90.62.907
--------------------------------------------------------------------------------------c
90.62.907
185.
If
SEVERABILITY--1973 1ST EX.S.
any-provision- of-this1973act
or Its-application
to any person or circumstance is held invalid the remainder of
1973 RCW SUPP.
the act or the application of the provision to other persons or circumstances is
not affected. [ 1973 1st ex.s. c 185 §
19.
[ 809 1
J
PARALLEL TABLES:
1973 REGULAR SESSION LAWS--RCW
--------------------------------------------------------------------------------------chap.
Sec.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
2
3
4
5
6
50
1
1
2
1
2
3
4
5
6
7
8
9
10
1
2
1
1973 RCW SUPP.
Rev.Code
of wash.
42. 17 .o 10
42.17.020
42.17. 030
42.17.040
42.17.050
42.17.060
42.17.070
42.17.080
42.17.090
42.17.100
42.17.110
42.17.120
42.17.130
42.17.140
42.17.150
42.17.160
42.17.170
42.17.180
42.17.190
42.17.200
42.17.210
42.17.220
42. 17.230
42.17.240
42.17.250
42.17.260
42.17.270
42.17.280
42.17.290
42.17.300
42. 17.310
42.17.320
42.17.330
42. 17.340
42. 17.350
42.17.360
42.17.370
42.17.380
42.17.390
42.17.400
42.17.410
42.17.420
42.17.430
42.17.440
42.17.450
Sev.
42.17.910
Construction
42.17.920
42.17.930
Eff. date
42.17.900
42.17.940
84.52.050
84.52.052
Em.
29.13.010
29.13.047
29.13.075
29.39.030
29.42.030
29.42.040
29.42.050
29.80.010
29.81.100
Chap.
Rev.Code
of wash.
Sec.
2
1
2
3
4
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
7
8
9
10
1
1
1
2
1
1
2
1
2
1
1
10
11
12
13
14
15
16
17
2
3
4
5
6
7
8
9
10
11
1
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Em.
46.20.391
Em.
50. 16 .o 30
18
[
Em.
Approp.
Temporary
Temporary
Em.
Temporary
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Em.
43.75.200
43.75.205
43.75.215
43.75.220
43.75.225
43.75.230
43.75.235
Repealer
Sev.
43.75.900
43.75.910
43.08.120
15.28.010
43.77.020
43. 77.030
43.19.510
36.23.065
36.23.070
46.72.040
46. 72.050
36.18.020
24.44.010
24.44.020
24.44.030
24.44.040
24.44.050
24.44.060
Sev.
24.44.900
24.44.070
24.44.080
24.44.090
Leg. dir.
2.52.010
28A.57.357
43.43.745
72.66. 010
72.66.012
72.66.014
72.66.016
72.66.018
72.66.022
72.66.024
72.66.026
72.66. 028
72.66.032
72.66.034
72.66.036
72.66.038
72.66.042
72. 66.044
Savings
n72.66.010
Leg. dir.
811
)
Chap.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Sec.
19
1
2
3
4
5
6
1
2
3
4
5
6
1
1
2
1
1
1
2
3
1
1
1
2
3
4
5
6
1
1
2
1
2
3
1
1
2
1
1
2
1
2
1
2
1
2
1
2
1
2
1
2
3
4
5
6
1
1
2
3
1
2
3
4
5
Rev. Code
of Wash.
Repealer
Leg. dir.
9.95B.010
9.95B.020
9.955.030
9.95B.040
Eff. date
9.955.900
2.42.010
2.42.020
2.42.030
2.42.040
2.42.050
Leg. dir.
41.40.450
56.08.100
57.08.100
11.08.185
Special
43.85.241
43.08.190
43.08.200
23!.08.305
26.24.090
49.26.010
49.26.020
49.26.030
49.26.040
49.26.900
Leg. dir.
15.32.430
28!.02.061
Repealer
40.04.040
40.04.090
40.04.100
39.34.020
27. 32.010
27.32. 020
36.45.030
2.12.060
Em.
36.18.020
Em.
36.40.040
Em.
51.52.110
Em.
73.32.130
Em.
82.38.080
Em.
43.10.010
43.10.115
43.10.120
43.10. 1"25
43.10.130
Sev.
n43.10.010
4.92.010
28!.24.055
28!.24.110
28A.24.120
28A.31.050
28A. 41.130
Eff. date
Repealer
Sev.
n28A.31.050
PARALLEL TABLES:
1973 REGULAR SESSION LAWS--RCW
--------------------------------------------------------------------------------------Chap.
ij7
48
Sec.
6
1
2
3
4
5
6
1
2
3
4
5
6
7
49
1
2
3
4
50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
51
16
1
2
3
4
5
52
53
54
55
56
57
58
59
1
1
1
2
3
4
5
6
1
2
1
1
1
1
2
60
61
62
3
1
1
2
1
2
3
4
5
Rev.Code
of Wash.
Em.
28A.57.230
28A.57.240
28A.57.250
28A.57.255
28A.57.260
Sev.
n28A.57.230
18.53.165
18.53.170
18.53.175
18.53.180
18.53.185
18.53.190
Sev.
18.53.901
28A.58.450
28A.67.070
28A.58.515
Em.
58.09.010
58.09.020
58.09.030
58.09.040
58.09.050
58.09.060
58.09.070
58.09.080
58.09.090
58.09.100
58.09.110
58.09.120
58.09.130
58.09.140
Sev.
58.09.900
Leg. dir.
28A.27.010
28A.04.135
49.12.123
Repealer
Sev.
n28A.27.010
28A.S8.115
67.08.015
40. 10 .o 10
40.10.020
40.14.040
40.14.060
40. 14.070
Sev.
n40.10.010
Repealer
Construction
n36. 95.170
29.39.010
Repealer
Repealer
41. 56. 110
41.56.122
56. 12 5
47.17.217
74.13.106
74.13.142
288,10.200
288.1 o. 250
288.10.510
288.10.822
288.10.824
4,.
Chap.
Sec.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
63
1
2
3
64
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
65
19
1
2
66
1
2
3
4
67
1
2
1
2
3
68
69
70
1
1
2
3
71
72
73
1
1
1
2
[
Rev. Code
of Wash.
28B.16.230
28B.20.100
28B.20.412
28B.20.456
28B.30.100
28B.40.100
28B.50.030
28B.50.050
28B.50.060
28B.50.070
28B.50.090
28B.50.100
28B.50.130
28B.50.140
28B. 50.170
28B.50.200
28B.50,551
28B.50.570
28B.50.864
Repealer
Savings
n28B.10.200
Em.
Sev.
n28B.10.200
28A.09.200
28B.10.265
Eff. date
n28A.09.200
43.37.01()
43.37.030
43.37.040
43.37.050
43.37.060
43.37.080
43.37.090
43.37.100
43.37.110
43.37.120
43.37.140
43.37.150
43.37.160
43.37.110
43.37.180
43.37.190
43.37.900
Eft. date
43.37.910
Repealer
36.68.610
36.68.620
42.30.070
42.30.110
42.30.120
42. 30. 140
35A.33.060
35.33.061
72.05.152
72.05. 154
Eff. date
n72.05.152
84.40.020
24.06.290
24.06.450
24.06.455
23A.08.480
28!.66.050
50.04.030
50.04.180
812 ]
Chap.
Sec.
3
4
5
6
7
8
9
10
11
12
13
74
75
76
77
1
2
3
4
1
2
3
1
1
2
3
4
5
6
7
8
9
10
11
78
79
80
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
,
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Rev. Code
of wash.
50.04.355
50.16.010
Vetoed
50.20.010
50.22.010
50.32.040
50.44.040
50. 44.050
50.44.070
Repealer
Eff. date
n50.04.030
87.28.010
87.28.020
87.28.030
Em.
86.16.085
86.16.160
86.16.170
35.23.170
18.22.010
18.22.020
18.22.030
18.22.040
18.22.050
18.22.060
18.22.070
18.22.081
18.22.110
18.22.120
18.22.130
18.22.140
18. 22. 150
18.22.160
18.22.185
18.22.200
18.22.210
18.22.215
18.22.230
18.57A.060
18.71A.060
43.74.010
43.74.037
43.74.040
43.74.080
43.74.085
70.98.170
18.22.930
29.13.080
Em.
48.36.230
Repealer
49.17.010
49.17.020
49.17.030
49.17.040
49.17.050
49.17.060
49.17.070
49.17.080
49.17.090
49.17.100
49.17.110
49.17.120
49.17.130
49.17.140
49.17.150
49.17.160
49.17.170
PARALLEL TABLES:
1973 REGULAR SESSION LAiS--RCW
------
---------~--------------------------~-------
chap.
18
19
20
21
22
23
24
25
26
27
28
29
30
81
82
83
84
85
86
87
88
89
90
91
92
93
94
31
1
2
3
4
5
6
7
8
9
1
2
1
1
2
3
4
5
6
7
8
1
1
1
2
1
1
1
1
1
2
1
1
2
95
1
2
3
4
5
6
96
97
98
99
Rev.Code
of Wash.
sec.
7
8
9
10
11
12
1
2
3
4
1
,
1
49.17.180
49.17.190
49.11.200
49.17.210
49.17.220
49. 11.230
49.11.240
49.17.250
49.11.260
49.17.270
Repealer
49.17.900
Sev.
49.17.910
Leg. dir.
28A,04.137
28A.58.700
28!,58.701
28A.S8.703
28A.58.704
28A.58.706
28!.58.707
Leg. dir.
sev.
n28A.58.700
29.64.080
29.64.090
35.68.075
4.84.250
4. 84.26 0
4. 84.27 0
4.84.280
4.84.290
4.84.300
4.84.310
Leg. dir.
29.42.030
52.12.010
53.08.080
53.08.085
46.61.427
23A.32.060
24.03.400
46.64.040
Eff. date
n70.96A.010
n70.96A.010
75.08.090
n90.44.035
90.44.035
40.20.020
43.84.110
47.24.010
75.08.240
82.36.410
82.37.190
Vetoed
84.08.050
84.12.240
84.16.032
84.48.110
Repealer
82.36.060
82.36.070
82.36.270
82.36.306
36.40.100
62A.8-102
30.04.240
1973 RCi SUPP.
Chap.
sec.
Rev. Code
of wash.
2 Em.
1-13 Nonopera ti ve
1 72.36. 040
1 29.33.220
2 29.45.050
3 29.45.060
4 29.54.045
5 29.45.065
46.01.140
2 46.01.130
3 46.68.030
4 .n46.68.030
5 82.50.902
6 46.16.104
7 46.16.106
8 Repealer
9 Sev.
n46.01.130
1 43.88.160
2 43.19.1925
1 28B.50.092
2 28B.50.093
3 28B.50.094
4 Em.
1 2.04.031
2 2.04.090
3 2.06.060
4 2.12.010
5 2.12.020
6 2.12.060
7 8.04.090
8 8.04.160
9 10.85.025
10 15.65.490
11 17.12.080
12 27.08.010
13 28!.04.110
14 38.24.010
15 41.04.020
16 41.04.036
17 44.04. 04 0
18 44.04.050
19 44.04.060
20 44.04.090
21 47.01.160
22 47.08.080
23 47.08.090
24 47.08.100
25 47.56.050
26 47.56.180
27 47.58.040
28 47.6 0. 060
29 51.40.040
30 51.44.110
31 70.40.150
32 72.08.170
33 74.08.370
34 75.08.250
35 77.12.390
36 78.48.080
37 79.24. 030
38 86.26. 110
39 90.16.090
40 Repealer
1 28A.58.720
2 28!.58.136
3 28!.58.722
1 19.24.100
1 39.33.010
100
101
102
Chap.
110
111
,
103
104
105
106
107
108
109
(
813
]
112
113
114
115
116
117
118
119
120
121
122
123
124
125
sec.
1
2
3
4
1
2
3
4
5
6
1
2
3
1
1
2
1
2
3
4
5
6
1
8
9
10
11
12
13
14
15
16
1
2
1
2
1
2
3
4
5
6
7
8
9
10
1
1
1
2
1
2
3
1
2
3
4
5
6
7
1
1
2
3
4
5
6
Rev. code
of Wash.
51.12.130
51.16.140
51. 32.073
Approp.
28A.60.328
28!.66.010
28A.66.040
36.22.090
28A.58.730
Sev.
n28A.60.328
84.36.260
84.36.262
84.36.264
24.06.045
2.06.150
2.06.160
46.85.120
81. 04.405
81.48.030
81.53.281
81.68.050
81.70.060
81.70.095
81.70.100
81.77.050
81.80.090
81. 80. 15G
81.80.270
81.80.272
81.84.040
81.04. 510
Repealer
47.28.030
47.28.050
15.76.165
Em.
72.41.010
Par. vetoed
72. 41.020
72.41.030
72.41.040
72.41.050
72. 41.060
72.41.070
72.41.080
Vetoed
Leg. dir.
69.40.030
39.12.050
65.12.235
65.12.790
n29.79.015
29.79.015
Em.
43.86.010
43.86.020
43.86.030
43.86.040
43.86.050
Em.
Leg. dir.
51.12.020
28A.58.423
35.21.205
52.08.090
53.08.205
54.16.095
56.0 B. 105
PARALLEL TABLES:
1973 REGULAR SESSION LAWS-RCW
--------------------------------------------------------------------------------------Chap.
Sec.
7
8
126
127
128
129
130
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
1
2
1
2
1
1
2
3
4
5
6
7
8
9
131
Rev.Code
of Wash.
57.08.105
.87.03.162
35.38.010
35.38.030
35.38.040
35A.·40.030
36.48.010
36.48.020
36.48.080
36.48.090
39.58.010
39.58.020
39.58.050
39.58.060
39.58.070
41.48.060
43.85.010
43.85.030
35.38.041
Repealer
Em.
Approp.
Em.
12.1.10.010
12.40.110
288.50.095
33.24.350
33.24.360
33.24.370
33.24.380
33.48.180
33.48.150
33.48.160
33.48. 170
33.48.190
33.48.200
33.48.210
33.48.220
33.48.230
33.48.240
33.4.8.250
33.48.260
33.48.270
33.4.8.280
33.48.290
33.04.025
33.16.040
33.04.020
33.16.120
33.24.230
33.16.110
33.24.120
33.24.295
33.24.005
33.40.050
33.24.270
33.24.280
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 Sev.
32 n33.24.350
33 Em.
1 41. 56.430
2 41.56.030
3 41.56.440
4 41.56.450
5 41. 56.460
6 41.56. 4 70
7 41.56.480
8 41.56.490
41.56.420
9
Chap.
Sec.
10
11
132
1
2
3
45
6
7
8
9
10
11
12
13
14
15
16
1
2
3
4
5
133
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
134
1
2
3
4
5
6
7
8
9
10
11
12
13
135
1
2
(
Rev. Code
of Wash.
41.56.905
Sev.
41.56.910
Leg. dir.
70.95A.010
70.95A.020
70.95A.030
70.95A.040
70.95A.050
70.95A.060
70.95A.070
70.95A.080
70.95A.090
70.95A.100
70.95A.910
sev.
70.95A.920
70.95A.930
Repealer
Em.
18.88.010
18.88.020
18.88.030
18 • .88.050
Par. vetoed
18.88.060
18.88.070
18.88.080
18.88.090
18.88.100
18.88.110
18.88.120
18. 88. 130
18.88.140
18.88.150
18.88.160
18. 88. 170
18. 88. 180
18.88.190
18.88.200
18.88.220
18.88.230
18.88.240
18.88.250
18.88.260
18.88.265
18.88.270
18.88.280
18.88.285
18.88.300
Repealer
Sev.
n18.88.010
26.24.190
26.32.030
26.32.040
26.32.050
26.32.080
26.32.085
26.37.010
26.37.015
26. 28. 110
26.32.300
26.32.310
Em.
Sev.
n26.24.190
9.96A.010
9.96A.020
814
J
Chap.
Sec.
3
4
5
6
7
136
1
2
3
4
5
f
i
137
138
139
140
141
142
143
144
145
146
14 7
148
8
1
2
3
4
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
,
2
3
1
2
1
2
3
4
5
1
,
1
2
3
1
Rev. code
of Wash.
9.96A.030
9.96A.040
9.96A.C50
Leg. dir.
Eff. date
9.96A.900
Leg. dir.
76.42.010
76.42.020
76.42.030
76.42.040
76.42.050
76.42.060
76.42.070
42.18.130
42.18.290
42.18.300
Repealer
28A.58.247
70.95B.010
70.958.020
70.958.030
70.95B.C40
70.958.050
70.958.060
70.958.070
70.958.080
70.95B.090
70.95B.100
70.958.110
70.958.120
70.958.130
70.958.140
70.95B.150
Leg. dir.
Eff. date
70.95B.900
29.36.060
29.36.065
49.60.010
49.60.020
49.60.030
49.60.040
49.60.176
49. 60. 178
49.60.120
49.60.130
49.60.175
49.60.180
49.60.190
49.60.200
49.60.222
49.60.225
20.0 1. 130
20.01.570
16.65.235
41.20.030
41.20.170
43.79.260
43.79.270
43.79.280
43.79.282
Repealer
49.44.120
24.06.445
51.32.060
51.32.070
Em.
Leg. dir.
PARALLEL TABLES:
1973 REGULAR SESSION LAWS-RCW
------------------------------------------~-----------------------------------
Chap.
Sec.
2
3
4
5
6
7
8
9
,
10
149
2
150
1
2
151
1
2
3
4
152
153
5
1
2
Rev.Code
of Wash.
11.86.010
11.86.020
11.86.030
11.86.040
11.86.050
11.86.060
11.86.070
11.86.080
11.86.090
84.36.301
84.36.300
87.03.820
58. 17.310
48.12.180
48.13.010
48.13.160
48.13.220
48.13.290
74.04.060
74.04.062
3 Sev.
n74.04.C60
Vetoed
,
2
154
29.07.092
3
Vetoed
Par. vetoed
41.06. 150
Par. vetoed
28B.16.100
90.48.010
90.48.120
90.48.160
90.48.260
90.48.262
Vetoed
Temporary
90. 48 .140
90.48.144
Repealer
1
2
155
1
2
3
4
5
6
7
8
9
10
11
1973 RCW
SUPP.
Em.
[ 815 ]
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS..-RCW
-------~--------..---------
Chap.
1
2
Sec.
1
2
3
1
2
3
3
4
5
4
5
6
7
8
9
10
1
2
1
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
6
7
1
1
2
3
4
5
6
1
8
8
1
2
3
4
5
6
7
8
9
10
Rev.Code
of Wash.
46.44.130
46.44.140
46.44.0941
70.89.005
70.89.010
7\J. 89.021
70.89.031
70.89.050
70.89.060
70.89.070
70.89.040
Repealer
70.89.910
28A.41,180
Em.
18.71.095
18.71.096
Leg. dir.
70.39.010
70.39.020
70.39.030
70.39.040
70.39.050
70.39.060
70.39.070
70.39.080
70.39.090
70.39.100
70.39.110
70.39.120
70.39.130
70.39.140
70.39.150
70.39.160
70.39.17\l
70.39.180
70.39.190
70.39.200
sev.
70.39.900
Construction
70.39.910
53.08.170
54.44.010
54.44.020
54.44.030
54.44.040
54.44.050
54.LJ4.060
Em.
n54.44.010
sev.
54.44.901
31.12.020
31.12.160
31.12.180
31.1.2.205
31. 12 .190
31.12.210
31.12.220
31.12-240
31.12.245
31. 12-260
11
12
13
14
15
Sec.
17
18
19
9
1
2
,
10
2
3
1
11
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
1
13
2
3
4
5
6
7
8
9
10
11
12
13
14
3:.12.270
31.12.280
16
Chap.
15
Rev.Code
of wash.
31.12.460
31.12.470
Sev.
31.12.900
28!.58.420
28B.10.660
3.62.050
3.62.070
Em.
36.21.011
58.19.010
58.19.020
58.19.030
58.19.040
58.19.050
58.19.060
58.19.070
58.19.080
58.19.090
58,19.100
58.19.110
58.19.120
58.19.130
58.19.140
58.19. 150
58 ,19. 160
58,19.170
58.19.180
58.19.190
58.19.200
58.19.210
58,19.220
58.19.230
58.19.240
58.19.250
58.19.260
58.19.270
58.19.280
58.19.290
58.19.300
58.19.900
58.19.910
58.19.920
Eff. date
58.19.930
58.19.940
sev.
58.19.950
Leg. dir.
19.09.010
19.G9.020
19.09.030
19.09.040
19.09.050
19.09.060
19.09.070
19.09.080
19.09.090
19.(f9.100
19.09.110
19.09.120
19. 09. 130
19.09.140
19.C9.150
Y-1?.320
18
~g.os.1e.o
3"'".'<2.440
19
y.<2.450
20
19.09.190
1?.09.200
Chap.
3~
[
816
1
14
~
39
1
2
15
3
1
2
3
4
5
16
17
6
1
2
,
18
2
1
2
19
20
1
21
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
22
1
2
3
4
5
6
23
l
2
24
1
2
3
"
5
~?,09.170
,
Sec.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
19.09.160
.12-290
16
17
-------------..-.--------
25
1
2
3
Rev.Code
of Wash.
19.09.210
19.09.220
19.09.230
19.09.240
19.09.250
19.09.260
19.09.270
19.0 9. 2 80
19.09.290
19.09.300
19.09.310
19,09,320
19.09.330
19.09.340
,9,09.350
19.09.360
19.09.900
Sev.
19.09.910
Leg. dir.
3.34.010
3.34.020
3.34.065
43.79A.010
43.79A.020
43.79A.030
43. 79A. 040
Em.
Leg. dir.
41.20.010
41.20.020
46.04.552
46. 16. 010
18.64.001
18.64.005
41.16.020
19.16.120
19.16.160
19 .16. 230
19.16.360
19.16.400
19.16.430
19.16.440
19.16.351
19.16.245
Repealer
29.07.060
29.07.065
29.07.070
29.07.080
29.07.090
29.07.095
29.07.140
43.22.450
43.22.455
43.22.465
43.22.475
43. 22.480
43.22.485
18.04.290
18. 04.300
76.04.251
76. 04.270
76.04.385
7t.G4.515
R~p~aJ.er
39.53-010
3g.s3.C30
39.53.0LIO
PARALLEL TABLES:
1973 15'1' EX. SESS. LAWS-RCW
-------------------------------------------------------------------------------------Chap.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Sec.
4
5
6
7
8
1
1
2
3
1
2
1
,
1
2
3
4
5
6
7
8
1
1
2
3
4
5
1
2
3
1
2
1
2
1
1
2
1
1
2
1
1
1
1
2
3
4
1
,
2
3
4
5
6
7
8
9
10
11
47
48
49
50
1
2
3
4
1
1
2
1
Rev.Code
of Wash.
39.53.060
39.53.070
39.53.100
39.53.140
Em.
19.68.010
2.08.061
2.08.063
2.08.065
36.72.050
65.16.090
39.16.005
84. 48. 1 50
32.20.450
32.20.460
32.20.470
32.20.480
32.20.490
32.20.280
32. 20.330
32.20.500
51.16.060
19.102.010
19.102.020
19.100.010
19.100.180
Leg. dir.
Approp.
Approp.
Em.
74.08.047
74.08.048
46.20.311
Vetoed
46.52.130
36.33.060
36.33.065
67. 16.050
89.16.020
Repealer
15.44.080
18.85.120
84.56.230
63.32.010
63.36.010
63.36.020
63.40.010
84.56.300
28B.15.041
28B.15.600
28B.16.180
28B:'19.040
28B.19.110
28B.19.120
28B.50.040
28B.50.060
28B.10.704
Repeale;r:
Sev.
n28B.10.704
60.04.200
6C.04.210
60.04.220
Sev.
n60.04.200
74.09.160
74.04.300
74.04.006
76.12.050
1973 RCW SUPP.
Chap.
Sec.
2
1
2
3
4
5
1
2
3
4
5
6
7
8
9
10
11
12
51
52
53
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
54
1
55
56
2
3
4
1
1
2
3
4
57
58
1
1
[
Rev. Code
of Wash.
Chap.
79.08.180
74.08.530
74.08.540
74.08.550
74.08.560
Leg. dir.
18.71.200
43.22.010
43.22.040
43.22.050
43.22.200
43.22.210
49.24.070
51.16.105
70.87.010
70.87.030
Repealer
Em.
n43.22.010
30.42.010
30.42.020
30.42.030
30.42.040
30.42.050
30.42.060
30.42.070
30.42.080
30.42.090
30.42.100
30.42.110
30.42.120
30.42. 130
30.42.140
30.42.150
30.42.160
30.42.170
30.42.180
30.42.190
30.42.200
30.42.210
30.42.220
30.42.230
30.42.240
30.42.250
30.42. 260
30.42.270
30.42.280
30.42.290
30.42.300
30.42.310
30.42.320
30.42.330
30.42.340
30.40.020
30.04.290
Leg. dir.
Sev.
30.42.900
30.44.270
30.44.280
32.24.090
32.24.100
53.08.160
57.42.010
57.42.020
57.42.030
Leg. dir.
18.85.010
77.32.230
59
1
2
3
4
5
6
1
60
1
1
817
]
61
62
Sec.
1
2
3
4
63
64
1
1
2
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
1
2
3
4
1
1
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1
1
1
2
1
2
1
2
1
1
2
3
1
1
1
2
1
1
1
2
3
,
2
Rev.coae
of Wash.
1.20.071
13.07.020
43.79.420
43.79.421
43.79.422
Repealer
Eff. date
n43.79.420
18.85.410
29.36.097
39.04.120
39.04.130
60.28.080
Sev.
n39.04.120
75.32.070
52.36.020
Eff. date
n52. 36.020
48.44.020
48.44.160
48.44.162
48.44.230
19.09.370
84.55.010
Expir. date
n84.55.010
68.46.010
68.46.020
68.46.030
68.46.040
68.46.050
68.46.060
68.46.070
68.46.080
68.46.090
68.46.100
68.46.110
68.05.130
68.05.140
68.05.150
68.05.160
68.05.180
68.05.255
Leg. dir.
Repealer
29.34.160
18.51.180
18.51.185
43.120.920
Em.
Approp.
Em.
84.40.340
41.06.150
28B.16.100
Eff. date
n41.06.150
11.08.111
81.53.271
28A. 41.170
Em.
19. 105.200
43.43.020
35A.11.080
351.11.090
35A.11.100
43.01.090
Eff. date
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS-RCW
-----------------------------~----------------------------
Chap.
83
84
85
86
Sec.
1
1
1
2
3
1
2
87
88
89
1
2
1
2
1
2
3
90
1
,
2
91
92
93
94
95
96
1
1
1
1
1
,
2
97
2
3
4
5
6
7
a
98
1
2
99
100
1
2
1
2
3
4
5
6
7
8
9
10
101
,
2
102
1
2
3
4
5
6
7
103
1
2
3
4
5
6
7
8
9
10
Rev.Code
of Wash.
Chap.
sec.
n43.C1.090
46.65.060
Repealer
43.07.130
43.07.140
11
12
13
14
15
16
17
18
19
20
Em.
36. 27.060
Eff. date
n36.27.060
35.24.090
35. 27.130
36.16.032
36.17.020
30.24.120
30.24.130
48.18.030
31.24 .o 50
31. 24., 90
19.60.060
30.04.230
33.12.180
9.45.250
35.94.040
66.44.316
Em.
36.90.010
36.90.020
36.90.030
36.90.040
36.90.050
36.90.070
Repealer
sev.
n36.90.010
84.36.370
Eff, date
n84.36.370
41.04.250
21
1
2
104
13
18.35.120
18.35.130
18.35.140
18.35.150
18.35.160
18.35.170
18.35.180
18.35.190
18.35.200
Sev.
18.35.900
Leg. dir.
48.17.330
48.17.540
48.31.010
Repealer
Sev.
n48.17 •. 330
18.51. 010
Special
Special
18.71.030
18.71.230
29.04.095
29.04.100
29.04.110
29.04.120
69.04.900
69.04.905
69.01+.910
69.04.915
69.04.920
90.14.051
Em.
Approp.
1
1
2
3
4
5
6
7
8
9
22
1
2
3
4
5
108
109
,
1 10
2
1
2
1
,
11 1
2
3
4
1
2
112
3
4
113
,
114
2
1
5
[
9
10
11
12
18.35~110
9
10
107
2
3
4
5
6
7
8
14
15
16
12
13
14
15
16
17
18
19
20
21
7
8
Sec.
Em.
tO
6
sev.
43.88.901
13.04.053
74. 13.031
74.04.530
74.04.540
74.04.550
74.04.560
74.04.570
74.04.580
Leg. dir.
2.10.080
41. 26.070
41.32.201
41.32.202
43.84.031
51.44.100
43.33.050
43.33.060
43.33.070
43.33.080
43.33.090
43.84. 150
43.84.160
43.84.170
41.32.207
41.40.072
Repealer
Leg. dir.
Leg. dir.
Sev.
n2. 10.080
11
4
5
105
106
Chap.
30.04.120
30.04.210
30.08.010
30.08.020
30.08.030
30.08. 04 0
30.08.060
30.08.095
30.04.380
30.04.390
28A.01.130
18.35.010
18.35.020
18.35.030
18.35.040
18.35.050
18.35.060
18.35.070
18.35.080
18.35.090
18.35.100
3
Em.
43.88.010
43.88.020
43.88.030
43.88.060
43.88.080
43.88.090
43.88.120
43.88.180
43.88.035
Rev. Code
of Wash.
818 ]
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
115
116
33
34
35
36
37
38
39
1
,
2
3
4
5
6
7
8
9
10
117
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Rev.Code
of Wash.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Em.
28A.?2.100
43.966.200
43.96B.205
43.968.210
43.96B.215
43.965.220
43.968.225
43,96B.230
43.966.235
Approp.
43.96B,240
Sev.
43.966.245
Em.
10.77.010
10.77.020
10.77.030
10.77.040
10.77.050
10.77.060
10.77.070
10.77.080
10.77.090
10.77.100
10.77.110
10.77.120
10.77.130
10.77.140
10.77.150
10.77.160
10.77.170
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS-RCW
------------------------------------------------------------------------------------Chap.
Sec.
18
19
20
21
22
23
24
25
26
27
28
29
30
118
1
2
3
4
119
120
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
11
18
19
20
21
22
23
121
122
24
25
1
2
1
2
Rev.Code
of iiash.
10.71.180
10.17.190
10.77.200
10.77.210
10.77.220
10.77.230
10.77.240
10.77.250
10.77.900
sev.
10.77.910
Leg. dir.
10.77.920
Repealer
Eff. date
10.77.930
29.27.060
29.79.040
29.79.050
29.79.080
2.10.150
285.17.010
285.17.020
28B.17.030
28B.17.040
28B.17.050
28B.17.060
285.17.070
28B.17. 080
28B.17.090
28B.17. 100
285.17.110
28B.17.120
28B.17.130
28B.17.140
28B.17. 150
28B.17.160
28B.17.170
28B.17.180
28B.17.190
28B.11. 200
construction
28B.17.210
Sev.
n28B.17.010
Approp.
n28B.17.010
Leg. dir.
3
4
5
6
7
8
9
10
,1
12
13
14
15
16
17
1973 RCW SUPP.
Chap.
Sec.
18 Repealer
19 Leg. dir.
20 7.68.910
21 n7.68.900
1 9.95A.010
2 9.95A.020
3 9.95A.030
4 9.95A.040
5 9.95A.050
6 9.95A.060
7 9.95A.070
8 9.95!.080
9 9.95A.090
10 Leg. dir.
11 Eff. date
9. 95A. 900
1 46.68.100
2 82.36.020
3 82.37.190
1 16.52.020
1 47.26.260
2 47.26.190
3 47.26.450
4 47.26.042
5 47.26.043
6 Leg. dir.
1 83.16.025
1 46.10.040
2 46.10.070
3 46.10.080
4 46.10.150
5 46.10.210
6 Temporary
7 Em.
1 43.79.415
2 Em.
1 28B.10.300
2 28B.15.041
3 285.10.335
4 Em.
1 Approp.
2 Approp.
3 Approp.
4 Approp.
5 Approp.
6 Approp.
7 Approp.
8 Approp.
9 Approp.
10 Approp.
11 Approp.
12 Approp.
13 Approp.
14 Approp.
15 Approp.
16 Approp.
17 Approp.
18 Approp.
19 Approp.
20 Approp.
21 Approp.
22 Approp.
23 Approp.
24 Approp.
25 Approp.
26 Sev.
27 Em.
1 46.70.005
2 46.70.011
123
124
125
126
127
128
129
130
131
Em.
29.51.170
29.54.050
7.68.010
7.68.020
7,68.030
7.68.040
7.68.050
7.68.060
7.68.070
7.68.080
7.68.090
7.68.100
7.68.110
7.68.120
7.68.130
7.68.140
7.68.150
7.68.160
Eff. date
7.68.900
Rev. code
of Wash.
132
(
819 ]
Chap.
Sec.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
11
18
19
20
21
22
23
24
133
134
25
1
1
2
3
4
5
6
7
8
9
10
11
12
13
135
136
14
15
16
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
10
137
11
1
2
3
4
5
Rev. code
of Wash.
46.70.021
46.70.031
46.70.041
46.70.051
46.70.061
46.70.070
46.70.075
46.70.081
46.70.082
46.70.083
46.70.090
46.70.101
46.70.120
46.70.130
46.70.140
46.70.180
46.70.190
46.70.900
sev.
46.70.920
46.16.020
46.16.045
Sev.
46.16.900
Repealer
41.06.070
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Sev.
Em.
28B.10.850
285.10.851
285.10.852
28B. 10.853
285.10.854
28B.10. 855
Sev.
n28B.10.850
Em.
35.58.273
35.58.279
35.58.2791
35.58.2792
82.44.150
35.58.2793
35.58.2731
Repealer
Eff. dates
n35.58.273
Sev.
n35.58.273
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS-RC'ii
--------~---------------------------------------------------
Chap.
Sec.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
so
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
Rev.Code
of Wash.
Chap.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Par. vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Par. VEOtoed
Approp.
Approp.
Approp.
Par. vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
Approp~
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Sec.
130
131
132
133
134
138
1
2
3
(
Rev.code
of Wash.
Approp.
Approp.
Par. vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Par. vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
n43.03.010
Approp.
Approp.
Approp.
Approp.
Approp.
Vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Sev.
Em.
4.22.010
4. 22.020
Eff. date
820 )
Chap.
sec.
4.22.900
Sev.
4.22.910
5 Leg. dir.
1 Approp.
2 Par. vetoed
Approp.
3 Approp.
4 Approp.
5 Approp.
6 Approp.
7 Approp.
8
Approp.
9 Approp.
10 Approp.
11 Approp.
12 Approp.
13 Approp.
14 Approp.
15 Approp.
16 Approp.
17 Approp.
18 Sev.
19 Em.
36.29.020
2 56. 16. 160
3 57.20.160
1-60Nonoperative
1 71.12.560
2 71.12.570
3 72.23.010
4 72.23.070
5 72.23.100
71.05.010
6
7 71.05.020
8 71.05.030
9 71.05.040
10 71.C5.050
11 71.05.060
12 71.05.070
13 71.05.080
1~
71.05.090
15 71.05.100
16 71.05.110
11 71.05.120
18 71. C5. 130
19 71.05.140
20 71.05.150
21 71.05.160
22 71.05.170
23 11.05.180
24 71.05.190
25 71.05.200
26 71.05.210
27 71.05.220
28 71.05.230
29 71.05.240
30 71.05.250
31 71.05.260
32 71.05.270
33 71.05.280
34 71.05.290
35 71.05.300
36 71.05.310
37 71.05.320
38 71.05.330
39 71.05.340
40 71.05.350
41 71.05.360
4
139
140
141
142
Rev. Code
of Wash.
,
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS-RCW
--------------------------------------------------------------------------------------chap.
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
143
144
145
146
147
1
2
3
4
5
6
7
8
9
1
1
2
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
148
Rev.Code
of Wash.
sec.
1
2
3
4
5
6
7
8
9
71.05.370
71.05.380
71.05.390
71.05.400
71.05.410
71.05.420
71.05.430
71.05.440
71.05.450
71.05.460
71.05.470
71.05.480
71.05.490
71.05.500
71.05.510
71.05.520
71.05.530
71.05.540
71.05.550
71.05.560
71.05.570
Sev.
71.05.900
Leg. dir.
71.05.910
71.05.920
Repealer
Eff. date
71.05.930
29.81.010
29.81.020
29.81.030
29.81.040
29.81.050
29.81.042
29.81.043
29.81.052
29.81.053
35.80.030
82.04.050
Eff. date
n82.04.050
83. 56.050
41.05.020
41.05.030
41.05.050
28B.10.660
41.04.230
41. 04 .180
41.05.080
Repealer
Sev.
nLJ1.05.010
n41.05.010
48.24.010
41.05.010
savings
n41.05.010
Approp.
n41.05.010
18.15.010
18.15.050
18.15.045
18. 15.060
18. 15.065
18.15.090
18.15.097
18.15.100
18.15.110
1973 RCW SUPP.
Chap.
Sec.
10
11
12
13
14
15
16
11
18
19
20
21
22
23
24
25
26
27
28
29
30
1
2
3
4
5
6
7
8
9
149
10
11
150
1
2
3
4
5
1
2
3
4
5
6
1
8
9
10
11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
151
152
153
1
[
Rev.Code
of Wash.
18.15.200
18.15.210
18.15.220
18.15.230
18. 15.240
18.15.250
18.18.010
18.18.020
18.18.030
18.18.040
18.18.300
18.18.050
18.18.065
18.18.090
18.18.100
18.18.110
18.18.190
18.18.140
18.18.220
18.18.260
18.18.270
28B.10.400
28B.10.405
28B.10.410
28B.10.415
28B.10.420
83.20.030
Repealer
28B.10.423
sev.
n28B.10.400
Approp.
n28B.10.400
Eff. date
n28B.10.LJOO
46.44.040
46.44. 04 7
46.44.095
46.16.115
Temporary
47. 17.065
47.17.155
47.11.195
47.17.235
47.17.281
4 7. 17. 38 2
47.17.502
47.17.610
47.17.823
47.39.020
47.04.080
47.04.100
47. 17. 080
47.17.130
47-17.735
47.17.770
47.17.081
47.17.417
47.17.419
Repealer
48.05.140
48.17.530
48.18.292
48.20.052
48.24.060
48.30.010
Sev.
n48.05.140
18.27.010
821
]
Chap.
154
sec.
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
lf8
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Rev.Code
of Wash.
18.27.020
18.27.030
18.27.040
18.27.070
18.27.090
18.27.120
4~.22.010
2.12.030
4.20.020
4.20.060
4.24.010
4.24.020
6.12.020
6.12.030
6.12.040
6.12.060
6.12.260
6.12.290
6.16.010
6.16.020
6.16.070
6.16.090
7.12.020
7.36.020
7.48.240
10.16.150
15.24.086
18.18.010
19.72.030
23A.08.310
25.04.070
25.04.250
26.04.010
26.04.030
26.04.040
26.04.210
Vetoed
Vetoed
Vetoed
Vetoed
26.20.030
26.20.050
26.20.080
Vetoed
26.28.020
26.28.060
Vetoed
Vetoed
Vetoed
Vetoed
26.37.020
28A.3LJ.OSO
28A.60.210
285.30.150
30.08.150
30.20.030
33.20.050
35.24.370
35.27.500
35.66.050
36.28.100
38.04.030
38.20.010
38.44.010
38.52.030
38.52.300
41.08.040
41.16.010
41.16.100
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS-RCW
---------------------------------------------------------------Chap.
Sec.
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
Rev.Code
of Wash.
Chap.
41.16.120
41. 16.140
41. 16. 1 50
41.16.160
41. 16. 170
41.16.230
41.18.010
41.18 .• 040
41.18.045
41.18.080
41.18.100
41.24.160
41.24.180
41.32.520
41.33.020
41.44.170
41.44.210
43.22.160
43.22.170
43.22.260
43.22.270
43.22.280
43.51.570
43.78.150
46.20.100
46.20.322
49.24.080
49.24.110
51.08.020
51.12.080
51.24.010
51.24.020
51.32.040
51.32.050
51.32.070
51.32.135
54.36.010
67.14.040
72.33.020
72.36.040
72.36.050
72.36.080
72.64.040
73.04.010
73.16.010
73.32.020
73.33.010
73.33.020
74.12.340
74.20.220
74.20.230
78.40.6 06
79.48.130
80.28.080
81.28.080
81.94.060
84.36.040
84.36.120
Repealer
9.79.010 :
9.79.020 '
\
9.79.030
9. 7 9. 040
9.79.050
9. 7 9. 060
9. 7 9. 07 0
9.79.080
Sev.
n2.12.030
Sec.
155
1
2
3
4
5
1
156
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
157
158
1
2
3
4
5
6
1
8
9
10
11
12
13
14
15
16
17
18
19
20
21
I
,
159
2
3
[
Rev.Code
of wash.
70.96A.070
70.96.160
70.96.096
Vetoed
71.24.030
82.38.030
82.38.040
82.38.100
82.38.110
82.38.120
82.38.150
82.38.170
82.38.190
26.09.010
26.09.020
26.09.030
26.09.040
26.09.050
26.09.060
26.09.070
26.09.080
26.09.090
26.09.100
26.09.110
26.09.120
26.09.130
26.09.140
26.09.150
26.09.160
26.09.110
26.09.180
26.09. 190
26.09.200
26.09.210
26.09.220
26.09.230
26.09.240
26.09.250
26.09.260
26.09. 270
26.09.280
26.09.290
Repealer
Leg. dir.
50.08.020
50.12.020
50.12.040
50.12.180
50.20.070
50.20.100
50.20.190
50.24.040
50.24.050
50.24.130
50.29.010
50.29.040
50.29.060
50.29.070
50.32.090
50.32.120
50.32.130
50.32.140
50.24.015
Repeal,er
Eff. date
n50.08.020
58.22.010
58.22.020
58. 22.030
822
J
Chap.
160
161
162
163
164
165
166
167
168
Sec.
4
5
6
1
1
2
1
2
3
4
5
6
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1
1
2
3
1
2
1
2
3
4
5
6
7
8
9
10
11
12
169
1
2
3
4
5
170
6
7
1
Rev. code
of Wash.
58.22.040
58.22.050
Leg. dir.
82.36.020
18.27.090
18.27.140
48.12.030
48.12.040
48.12.060
48.12.150
48.23.350
48. 23. 360
18.44.230
48.18.020
48.18.375
48 .18A. 020
48.18A.030
48.18!.050
48.18A.060
48.24. 06 0
48.24.070
48.36.440
Repealer
35.02.150
35.13.015
35.13.020
35.13.040
35.13.050
35.13.060
35.13.080
35.13.090
35.13.100
35.13.110
35.13.125
35.13.130
35.13.160
35. 13. 171
35. 13.172
35. 13. 113
35. 13. 174
35.13.175
29.04.030
Temporary
Temporary
Em.
50.04.323
50.20.030
41.40.500
41.40.501
41.40.502
41.40.503
41.40.504
41.40.505
41.40.506
41.40.507
41.40.508
Approp.
n41.40.500
Em.
Sev.
n41.40.500
47.26.400
47.26.401
47.26.404
47.26.420
47.26.421
47. 26.424
Em.
41.24.030
PARALLEL TABLES:
1973 1ST EX. SESS. LAJiS-RClf
---------------------------------------------------------Chap.
s,ec.
2
3
4
5
171
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
172
173
174
175
176
177
16
1
2
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1
2
1
2
3
4
5
6
178
7
8
1
2
3
4
Rev.code
of Wash.
41- 2~ .110
41.24.180
41.24.200
Eff. date
n41. 24.030
21.20.210
21.20.370
21.20.550
21.20.560
21. 20.7 00
21.20. 7OS
21.20.710
21.20.715
21.20. 7 20
21.20.725
21.20.740
21.20.745
21.20. 750
21.20.805
Sev.
21.20.800
Leg. dir.
36.70.320
Em.
75.28.390
75.28.400
75.28.410
75.28.420
75.28.430
Vetoed
Em.
Approp.
Approp.
Approp.
Approp.
Approp.
Sev.
Em.
18.106.010
18.106.020
18.106.030
18.106.040
18.106.050
18.106.060
18.106.070
18.106.080
18.106.090
18.106.100
18.106.110
18.106.120
18.106. 130
18.106.140
18.106.150
18.106.160
Leg. dir.
70.94.430
70.94.431
47.12.280
47.12.290
4 7. 56.2 54
47.56.255
47.60.130
47.12.310
4 7. 12.320
Repealer
43.126.010
43.126.020
43.126.030
43.126.040
1973 RCW SUPP.
Chap.
sec.
5
6
7
8
9
1
2
3
4
179
180
1
2
3
4
5
1
2
3
4
5
6
7
1
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1
2
3
4
5
6
7
8
9
10
11
12
181
182
183
184
13
14
15
16
17
18
[
Rev. Code
of Wash.
43.126.050
43.126.060
43.126.070
43.126.080
Leg. dir.
43.21C.070
43.21C.080
43.21C.090
Eff. date
n43.21C.070
43.43.120
43.43.220
43.43.260
43.43.270
43.43.280
41.16.090
41.18.200
41.20.050
41.2 D. 06 0
41.20.080
41.20.085
Em.
76.04.360
Em.
74.20.040
74.20.101
74.20.300
74.20A.030
74.20A.040
74.20A.050
74.20!.060
74.20A.070
74.20A.080
74 .20A.090
74.20A.100
74.20A.130
74.20A.140
74.20A.150
74.20A.170
74.20A.180
74.20A.190
74.20A.200
74.20A.210
74.20A.220
74.20A.230
74.20A.240
74.20A.250
74.20A.260
74.20A.055
Em.
Vetoed
89.08.005
89.08.010
89.08.021)
89.C8.030
89.08.040
89.08.050
89.08.060
89.08.070
89.08.080
89.08.090
89.08.100
89.08.110
89.08.120
89.08.130
89.08.140
89.08.150
$9.08.160
89.08.110
823
1
Chap.
Sec.
19
20
21
22
23
24
25
26
27
28
29
30
31
185
,
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
186
187
188
189
20
1
2
3
4
5
6
7
8
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1
2
3
4
5
Rev.Code
of Wash.
89.08.180
89. oa. 190
89.08.200
89.08.210
89.08. 220
89.0 B. 341
89.08.350
89.08.360
89.08.370
89.08.380
Repealer
89.08.391
Sev.
89.08.901
90.62.010
90.62.020
90.62.030
90.62.040
90.62.050
90.62.060
90.62.070
90.62.080
90.62.090
90.62.100
90.62.110
90.62.120
90.62.900
90.62.901
Construction
90.62.904
90.62.905
Leg. dir.
Eft. date
90.62.906
Sev.
90.62.907
Temporary
69.41.010
69.41.020
69.41.030
69.41.040
69.41.050
69.41.060
69.41.070
Leg. dir.
Repealer
84.40.030
82.29.010
82.29.020
82.29.030
82.29.040
82.29.050
82.29.060
82.29.070
82.29.080
82.29.090
84.36.450
Leg. dir.
Sev.
n82.29.010
84.36.455
84.36.460
48.18.298
48.18.299
48.20.411
48.21.141
sev.
n48.18.298
1 41.32.260
PARALLEL TABLES:
-----Chap.
1973 1ST EX. SESS. LAWS-.RCW
-----------------------------------
Sec.
Rev.Code
Chap.
sec.
of Wash.
190
191
192
193
194
195
2 1.11.32.497
3 41.32.498
4 n41.32.498
5 41.32.4944
6 41.32.350
7 41. 32.190
8 41.32.405
9 41.32.499
10 41.32.4982
11 Em.
12 Sev.
n41.32.190
13 41. 32.245
1 41.32.565
2 41.40.010
3 41.40.030
4 41. 40.100
5 41.40.120
6 41.40.150
7 41.40.180
8 41.40.185
9 41.40.190
10 41.40.193
11 41.40.195
12 41.40.330
13 41.40.361
14 41. 40. 1 7C
15 Eff. date
41.40.011
16 Sev.
n41.40.010
17
Em.
1 28B.15.380
2 28B.15.520
3 28B.40.361
4 Eff. date
n28B.15.380
5 288.15.385
1 51.32.160
1 70.94.011
2 70.94.152
3 70.94.155
4 70.94.205
5 70.94.334
6 70.94.654
7 70.94.656
8 70.94.770
9 70.94.775
10 70.94.780
11 70.94.785
12 Repealer
1 84.52.050
2 Em.
1 14.08.290
2 17. 28.100
3
17 28.2 52
4 17.28.260
5 27.12.050
6 27.12.1)70
7 27.12.150
27.16.020
8
28A.41.130
9
10 288.20.394
11 35.07.180
12 35. 10.240
13 35.10.315
14 35.13.172
15 35.21.430
16
35.23.470
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
0
17
78
79
80
81
82
83
84
85
(
824
Rev.Code
of Wash.
35.24. 350
35.30.020
35.31.060
35.32A.060
35.33. 145
35.56.190
35.58.090
35.58.450
35.61.210
35A. 14. 220
35A.31.070
35A.33.145
35A.40.090
36.32.350
36.33.140
36.33.220
36.40.090
36.40.300
36.47.040
36.54.080
36.62.090
36.68.480
36. 68.520
36.69.140
36.82.040
36.93.110
41.16.060
41.26.040
45 72 050
45.82.020
46.68 120
52.08.030
52.08.060
52 .16. 080
52.16.120
52.16.130
52.16.140
52. 16. 16 0
53.06.040
53.36.020
53.36.070
53.36.100
53.47.040
54.16.080
56.04.050
56.08.110
56 • 16 010
56. 16.030
56.16.040
56. 16. 115
57.04.050
57.08.110
57.16.020
57.16.040
57.20.010
57.20.015
57.20.100
58.08.040
65.12.660
65.12.790
68.16.230
70.12.010
70.32.010
70.32.090
70.33.040
70.35.,070
70.44.060
70.94.091
71.20.110
0
0
0
0
]
Chap.
Sec.
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
, 39
140
141
142
143
144
145
146
147'
148
149
150
151
152
153
Rev. Co,de
of Wash.
73.08.080
76.04.360
84.04.140
84.28.090
84.33.050
84.33.060
84.33.080
84.33.140
84.34.230
84.36.270
84.40.030
84.40.040
84.40.320
84.48.080
84.4 8. 085
84.52.C'10
84.52.052
84.52.054
84.52.056
84.52.063
84.52.065
84.55.030
84.55.040
84.55.050
84.56.180
85.15.030
85.15.060
85.15.070
85.15.140
85.18.010
85.18.030
85.18.080
85.18.150
85.24.250
85.32.030
85.32.040
85.32.050
85.32.060
85.32.100
85. 32. 110
85.32.120
85.32.210
85.36.030
86.12.010
86.13.010
86.15.160
87.84.070
Repealer
84.5 2. 043
84. 52.042
28A.41.130
28A.41.130
28A.41.130
28A.41.130
288.20.394
35A.40.090
36.33.220
36.40.300
41.16.060
84.34.230
84.52.010
84.52.052
84.52.056
84.52.061
84.52.063
84.55.040
28A.41.210
Sev.
n84.52.043
PARALLEL TABLES:
197 3 1ST EX. SESS. LAWS-RCW
--------------------------------------------------------------------------------------·
Chap.
sec.
Rev.Code
of Wash.
Sec.
154
196
197
198
199
200
201
202
203
204
205
206
Eff. date
n84.52.043
155 Construction
n84.52.043
1 36.34.005
1 44.28.086
2 44.28.087
3 Leg. dir.
4 n44.04.120
5 44.04.120
1 13.06.050
2 Par. vetoed
35.82.285
3 Eff. date
n13.06.050
1-4 Nonoper a ti ve
77.12.175
2 46.16.560
3 46.16.565
4 46.16.570
5 46.16.575
6 46. 16.5 80
7 46.16.585
8 46.16.590
9 46.16.595
10 46.16.600
11 46.16.605
12 77. 12.170
13 Repealer
14 46.16.610
1 44.40.070
2 44.40.080
3 Leg. dir.
1 43.43.850
2 43.43.852
3 43.43.854
4 43.43.856
5 43.43.858
43.43.860
6
7 43.43.862
8 43.43.864
9 Sev.
43.43.911
10 Leg. dir.
11 Em.
1 90.58.030
2 90.58.180
3 90.58.115
1 82.08.150
2 66.24.210
3 n66.24.210
4 Eff. date
n82.08.150
1 28B.52.020
2 Par. vetoed
28B.52.030
3 288.52.060
4 28B.52.035
5 28B.52.080
6 288.52.200
7 Sev.
n28B.S2.020
8 Em.
1 18.37.010
2 18.37.020
3 18.37.030
4 18.37.040
5 18.37.050
6 18.37.060
Chap.
7
8
9
10
11
12
13
14
15
16
17
1
2
3
4
207
,
1973 RCW SUPP.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
1
208
(
Rev.Code
of wash.
18.37. 07 0
18.37.080
18.37.090
18.37.100
18.37.110
18.37.120
18.37.130
18.37.140
18.37. 150
Leg. dir.
Vetoed
59.18.010
59.18.020
59.18.030
59.18.040
59.18.050
Par. vetoed
59.18.060
Par. vetoed
59.18.070
Par. vetoed
59.18.080
59.18.090
59.18.100
Par. vetoed
59.18.110
59.18.120
59.18.130
59.18.140
59.18.150
59.18.160
59.18.171)
59.18.180
Par. vetoed
59.18.190
59.18.200
59.18.210
59.18.220
Par. vetoed
59.18.230
Par. vetoed
59.18.240
Par. vetoed
59.18.250
59.18.260
59.18.270
59.18.280
59.18.290
59.18.300
Par. vetoed
59.18.310
59.18.320
59.18.330
59.18.340
59.18.350
59.18.360
Sev.
59.18.900
59.18.370
59.18.380
59.18.390
59.18.400
59.18.410
Vetoed
59.18.420
59.04.900
59.08.900
Vetoed
18.73.010
825 ]
Chap.
Sec.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
209
23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
210
1
2
3
4
5
6
7
8
9
211
10
1
2
3
4
5
6
7
ReY.Code
of Wash.
18.73.020
18.73.030
Par. Yetoed
18.73.040
18.73.050
18.7 3. 060
18.73.070
18.73.080
18. 7 3. 090
18.73.100
Par. Yetoed
18.73.110
18.73.120
18.73.130
18.73.140
18.73.150
18.7 3. 160
18.73.170
18.73.180
18.7 3. 190
sev.
18.73.900
18.73.200
Eff. dates
18.73.910
Leg. dir.
66.08.070
Yetoed
66.16.040
66.20.160
66.20.170
66.20.180
66.20.190
66.20.200
66.20.210
66.24.010
66.24.025
66.24.120
66.24.206
66.24.270
66.24.330
66.24.370
66.24.380
66.24.500
66.44.320
Repealer
SeY.
n66. 08.070
Eff. date
n66.08.070
n44.40.020
44.40.090
Par. vetoed
44.40.100
44.40.110
n44.40.020
n44.40.020
Approp.
n44.40.020
n44.40.020
n44.40.020
Em.
70.110.010
70.110.020
70.110.030
70.110.040
70.110.050
70.110.060
70.110.070
PARALLEL TABLES:
1973 1ST EX. SESS. LAWS-RCW
---------------------------------------------------------------------·
Chap.
Sec.
8
7
8
9
1
2
3
70.110.080
70.110.900
Sev.
70.110.910
Leg. dir.
84.34.010
84.34.020
84.34.030
84.34 .o 35
84.34.037
84.34.050
84.3!1.060
84.34.070
84.34.080
Par. vetoed
84.34.065
Par. vetoed
84.34.145
84.34.108
84.34.111
84.34.121
84.34.150
84.34.131
Par. vetoed
84. 34. 1 41
84.34.160
84.34.155
Sev.
84.34.921
Repealer
70.30.061
Par. vetoed
70.33.020
70.33.030
70.33.040
Par. vetoed
70.35.040
49.60.010
49.60.020
49.60.030
49.60.120
49.60.130
Par. vetoed
49.60.180
Vetoed
49.60.190
49.60.200
Approp.
Approp.
Vetoed
9
10
212
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
213
21
1
2
3
4
5
214
1
2
3
4
5
6
215
Rev.Code
of wash.
~
1
217
2
3
4
5
6
7
1
Par. vetoed
67.16.012
Vetoed
67. 16.140
67.16.150
67.16.160
Vetoed
Vetoed
Par. vetoed
43.83.110
43.83.112
43.83.114
Par. vetoed
43.83.116
43.83.118
43.83.120
43.83.122
43.83.124
2
3
4
5
6
7
a
Rev.Code
of Wash.
Sec.
9
10
1
218
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
219
1
2
3
4
5
6
7
8
9
10
Em.
216
Chap.
11
12
1
2
220
221
2
1
222
2
3
4
5
6
7
8
[
Sev.
43.83.126
Em.
Par. vetoed
9.46.010
Par. vetoed
9.46.020
Par. vetoed
9 .• 46.030
9.46.040
9.46.050
9.46.060
Par. vetoed
9.46.070
9.46.080
9.46.090
9.46.100
9.46.110
9. 46. 120
9.46.130
9.46.140
9.46.150
9.46.160
9.46.170
9.46.180
9.46.190
9.46.200
9.46.210
9.46.220
9.46.230
9.46.240
9.46.250
9.46.260
9.46.270
9.46.280
Repealer
Leg. dir.
Sev.
9.46.900
43.105.010
43.105.016
43.105.021)
n43.105.032
Par. vetoed
43.105.032
43.105.041
43.105.043
43.105.045
43.105.060
Sev.
43.105.900
Em.
Repealer
n75.12.010
Par. vetoed
75.12.010
Par. vetoed
83.20.030
83.20.040
Par. vetoed
Approp.
Approp.
Par. vetoed
Approp.,
Approp.
Approp.
Approp.
Approp.
Approp.
826
J
Chap.
sec.
Rev. Code
of Wash.
9
Sev.
10
Em.
PARALLEL TABLES:
1973 2ND EX. SESS, LAWS-RCW
----------------------------------------------------------Chap.
2
3
4
1
2
1
2
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
5
6
7
8
9
10
1
2
3
4
4
1
1
2
3
4
1
2
1
1
2
3
11
4
5
6
7
1
~
12
2
-
Ll
13
14
15
16
Rev.Code
of Wash.
Sec.
5
6
7
8
1
2
1
2
3
4
5
1
1
2
3
4
5
6
7
B
9
1.16.050
42.04.060
69.50.401
69.50.410
49.66.010
49.66.020
49.66.030
49.66.050
49.66.070
4 9. 66.080
49.66.090
49.66.120
28A.41.130
28A.41.210
Eff. dates
n84.52.043
70.12.010
73.08.080
Eft. date
n84.52.043
Em.
n84.52.043
84.69.050
84.69.060
84.69.070
84.69.100
Em,
9.91.120
50.04.310
50.04.323
so. 20.130
n50.04.310
84.40.080
84.40.085
49.46.020
74.04.600
74.04.610
74.04.620
74.04.630
74.04.640
74.04.650
Em.
70.94.775
Em.
47.01.141
47.01.160
47.01.220
47.05.030
47.05.040
47.05.050
47.05.070
Repealer
2.36.063
2.36.093
41.40.195
41.40.280
43.43.270
Nonoperative
Em.
46.44.080
49.12.005
49.12.010
49.12.020
43.22.280
49.12.041
49.12.091
49.12.101
49.12.105
49.12.161
1973 RCW SUPP.
Chap.
Sec.
10
11
12
13
14
15
16
17
18
19
20
21
1
2
3
1
2
1
2
1
1
2
3
4
5
6
7
17
18
19
20
21
8
9
10
11
22
23
1
1
2
1
2
3
4
5
6
7
1
2
24
25
,
26
2
3
21
1
2
1
2
1
2
3
4
5
6
7
8
9
28
29
10
11
12
13
[
Rev. Code
of wash.
49.12.035
43.22. 26 0
43.22.270
49.12.110
49.12.050
49.12.121
49.12.170
49.12.185
49.12.187
Repealer
Sev.
49.12.900
Em.
43.06.130
43.06.140
43.88.205
47.12.270
Em.
90. 58. 14 0
Em.
43.43.040
28A.57.312
28A.57,342
28A. 57.344
28A.57.358
28A.57.425
28A.57.435
29.21.180
29.21.210
29.21.230
28A.57.357
Sev.
n28A.57.312
46.64.070
26.09.020
Em.
72.23.070
71.05.030
71.05.090
71. 05. 100
71.05.120
71.05.400
71.05.410
Temporary
Temporary
47.56.720
Temporary
Eff. date
n47.56.720
Nonoperative
Nonoperative
Approp.
Em.
43.21D.010
43.210.020
43.210.030
43.21D.040
43.210.050
43.210.060
43.21D.070
43.210.080
Expir. date
43.21D.900
Construction
43.21D.905
Leg. dir.
Sev.
43.210.910
Em.
827
]
Chap.
30
31
32
33
34
35
36
37
Sec.
1
2
3
4
1
2
1
2
3
4
5
6
Rev. code
of Wash.
43.21A.405
43.21A.410
43.21A.415
43.21A.420
74.12.010
Em.
41.32.499
41.32.310
41'.32.4931
41.32.520
41.32.580
Sev.
n41.32.310
7 Em.
n41.32.310
1-22Nonoperative
1 67.28.120
2 67.28.130
3 67.28.160
4 67.28.170
5 67.28.180
6 67.28.210
7 Sev.
67.28.911
8 Vetoed
1 No no per a ti ve
2 Nonoperative
3 Repealer
4 Nonoperative
5 Nonoperative
6 Nonoperative
7 Nonoperative
8 Nonoperative
9 Nonoperative
10 Nonoperative
1 1 Nonoperative
12 Nonoperative
13 Nonoperati ve
14 Nonoperative
15 Nonoperative
16 Nonoperative
17 Nonoperative
18 Nonoperative
19 Nonoperative
20 No no per ati ve
21 Temporary
22 Nonoperative
23 Nonoperative
24 Nonoperative
25 Nonoperative
26 Nonoperative
27 Nonoperative
28 Nonoperative
29 Nonoperative
1 29.13.010
2 Vetoed
3 29.68.080
4 29.68.090
5 29.68.100
6 29.68.110
7 29.68.120
1 43.130.010
2 Par. vetoed
43.130.020
3 43.130.030
4 Par. vetoed
43.130.040
5 43.130.050
6 43.130.060
PARALLEL TABLES:
Chap.
Sec.
7
8
9
38
39
1
2
3
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
40
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
41
,
2
3
4
Rev.Code
of Wash.
Chap.
1973 2ND EX. SESS. LAWS--RCW
Sec.
Leg. dir.
sev.
43. 130.900
Eff. date
43.130.910
69.50.101
46.61.520
Sev.
n69.50.101
5
6
7
8
9
10
11
Rev.Code
of Wash.
9.46.070
Vetoed
Vetoed
Vetoed
9.46.285
Vetoed
Vetoed
Em.
Em.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Approp.
Par. vetoed
Approp.
Vetoed
Vetoed
Par. vetoed
Approp.
Vetoed
Vetoed
Vetoed
Vetoed
Approp.
Approp.
Approp.
Approp.
Approp.
Temporary
Sev.
INITIATIVE NO. 282
1 n43.03.010
2 43.03.010
3 2.04.090
4 2.06.060
5 2.08.090
6 3.58.010
7 Sev.
n43.03.010
Em.
84.36.020
84.36.030
84.36.040
84.36.050
8~.36.060
84.36.800
84.36.805
84.36.810
84.36.815
84.36.820
84.36.825
84.36.830
84.36.835
81.1.36.840
84.36.845
84.36.850
84.36.855
84.36.860
84.36.865
Leg. dir.
Approp.
Sev.
84.36.900
Eff. date
84.36.905
Vetoed
Vetoed
Vetoed
Par. vetoed
(
828
]
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