Z-333                 _______________________________________________

 

                                                    HOUSE BILL NO. 324

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Belcher, Sanders, P. King, Taylor and Isaacson; by Attorney General request

 

 

Read first time 1/30/85 and referred to Committee on State Government.

 

 


AN ACT Relating to state officers and employees; amending RCW 28B.50.060, 35.21.418, 42.20.010, 43.33A.110, 66.08.080, 67.16.160, 74.09.290, and 86.09.286; reenacting and amending RCW 80.50.030; adding a new chapter to Title 42 RCW; and repealing RCW 42.18.010, 42.18.020, 42.18.030, 42.18.040, 42.18.050, 42.18.060, 42.18.070, 42.18.080, 42.18.090, 42.18.100, 42.18.110, 42.18.120, 42.18.130, 42.18.140, 42.18.150, 42.18.160, 42.18.170, 42.18.180, 42.18.190, 42.18.200, 42.18.210, 42.18.220, 42.18.230, 42.18.240, 42.18.250, 42.18.260, 42.18.270, 42.18.280, 42.18.290, 42.18.300, 42.18.310, 42.18.320, 42.18.330, 42.18.900, 42.21.010, 42.21.020, 42.21.030, 42.21.040, 42.21.050, 42.21.080, 42.21.090, 42.22.010, 42.22.020, 42.22.030, 42.22.040, 42.22.050, 42.22.060, 42.22.070, and 42.22.120.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     It is the policy and purpose of this chapter to promote and balance dual objectives in protecting the integrity of the government of the state of Washington and of facilitating the recruitment and retention of officers and employees by the state, by prescribing essential restrictions against conflicts of interests in the state government without creating unnecessary barriers to public service.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter.

          (1) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state government.  The term "agency" includes the state legislature, those institutions of higher education created and supported by the state government, and those courts that are parts of state government, except where otherwise provided by law.

          (2) "Agency head" and "head of agency" mean the chief executive officer of an agency.  In the case of an agency headed by a commission, board, committee, or other body consisting of more than one natural person, "agency head" means the person or board authorized to appoint agency employees and regulate their conduct.  For the purposes of this chapter, the legislature is the "agency head" of all agencies in the legislative branch of state government, and the supreme court is the "agency head" of all agencies in the judicial branch of state government.

          (3) "State officer" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state and includes judges of the superior court, the court of appeals, and justices of the supreme court, members of the legislature together with the secretary and sergeant-at-arms of the senate and the clerk and sergeant-at-arms of the house of representatives, the holders of elective offices in the executive branch of state government, the chief executive officers of state agencies, members of boards, commissions, or committees with authority over one or more state agencies or institutions, and such employees of the state as are engaged in supervisory, policy-making, or policy-enforcing work.  For the purposes of this chapter, "state officer" also includes any person exercising or undertaking to exercise any of the powers or functions of a state officer.

          (4) "State employee" means any individual who is appointed by an agency head, or his designee, and serves under the supervision and authority of an agency.

 

          NEW SECTION.  Sec. 3.     No state officer or state employee may ask or receive, directly or indirectly, any compensation, gratuity, or reward, or promise thereof, for performing or for omitting or deferring the performance of any official duty, other than the compensation, costs, or fees provided by law.

 

          NEW SECTION.  Sec. 4.     No state officer or state employee may be beneficially interested, directly or indirectly, in any contract, sale, lease, or purchase that may be made by, through, or under the supervision of the officer or employee, in whole or in part, or that may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested therein.

 

          NEW SECTION.  Sec. 5.     No state officer or state employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the private benefit or gain of the officer or employee or another.

 

          NEW SECTION.  Sec. 6.     No state officer or state employee may use his or her position to secure special privileges or exemptions for the officer or employee, his or her spouse, child, parent, or other persons standing in the first degree of relationship.

 

          NEW SECTION.  Sec. 7.     No state officer or state employee may have any interest, financial or otherwise, direct or indirect, that is in conflict with the proper discharge of his or her duties in the public interest.  No state officer or employee may engage in any business or transaction or professional activity, or may incur any obligation of any nature, that is in conflict with the proper discharge of his or her duties in the public interest.

 

          NEW SECTION.  Sec. 8.     (1) No state officer or state employee may receive, accept, take, seek, or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from any person if the state officer or employee has reason to believe the donor would not give the gift, gratuity, or favor but for the employee's office or position with the state.

          (2) No state employee may receive, accept, take, seek, or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from any person, or from any officer or director of the person, if the state employee has reason to believe the person:

          (a) Has or is seeking to obtain contractual or other business or financial relationships with the employee's agency; or

          (b) Conducts operations or activities that are regulated by the employee's agency; or

          (c) Has interests that may be substantially affected by the employee's performance or nonperformance of official duty.

 

          NEW SECTION.  Sec. 9.     No state officer or state employee may solicit or accept any offer of employment if the state officer or state employee has reason to believe the offer has been made or would be made for the purpose of influencing the state employee's performance of his or her official duties and obligations.

 

          NEW SECTION.  Sec. 10.    No state officer or state employee may accept employment or engage in any business or professional activity that he or she might reasonably expect would require or induce him or her to disclose confidential information acquired by him or her by reason of his or her official position.

 

          NEW SECTION.  Sec. 11.    No state officer or state employee may disclose confidential information gained by reason of his or her official position nor may he or she otherwise use that information for his or her personal gain or benefit or for the personal gain or benefit of another person.

 

          NEW SECTION.  Sec. 12.    (1) No former state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the former state employee at any time participated during state employment.

          (2) No former state employee may share in any compensation received by another person for assistance which the former state employee is prohibited from rendering under subsection (1) of this section.

 

          NEW SECTION.  Sec. 13.    (1) No person may give, pay, loan, transfer, deliver, or promise, directly or indirectly, to any state officer or state employee any thing of economic value, believing or having reason to believe that the receipt thereof would be a violation of this chapter.

          (2) No person may give, transfer, deliver, or promise, directly or indirectly, to any state officer or employee or to any former state officer or employee, any thing of economic value if either:

          (a) The offer, gift, transfer, or promise is intended to influence the performance of public duties by a state officer or state employee; or

          (b) The offer, gift, transfer, or promise is intended as reward or compensation to a state officer or employee or to a former state officer or employee for the performance or nonperformance of public duties.

          (3) Nothing in this section shall be construed to prevent a state officer or employee or a former state officer or employee from accepting additional compensation or rewards, to the extent that such compensation or reward may be specifically provided for by the laws of this state or of the United States.

 

          NEW SECTION.  Sec. 14.    Notwithstanding any other provision of this chapter, an agency may contract with a former agency employee to continue or complete a transaction in which the former employee participated during the course of agency employment, if the agency head reasonably and in writing makes each of the following findings:

          (1) That the public interest would be served by continuation or completion of the transaction in question; and

          (2) That the compensation to be received by the former employee under the contract is reasonable and not excessive under the circumstances.

 

          NEW SECTION.  Sec. 15.    The senate and the house of representatives may adopt rules governing conflicts of interests among their respective employees, and the legislature may adopt joint rules governing conflicts of interests among other employees in the legislative branch of state government.  To the extent those rules are inconsistent with this chapter, the rules adopted by the legislature or the appropriate branch thereof shall control.

 

          NEW SECTION.  Sec. 16.    The state supreme court may adopt rules governing conflicts of interests among employees in the judicial branch of state government.  To the extent those rules are in conflict with this chapter, the rules adopted by the state supreme court shall control.

 

          NEW SECTION.  Sec. 17.    The governor may establish appropriate standards to protect against actual or potential conflicts of interests on the part of state employees in the executive branch of state government and may issue regulations carrying out the policies and purposes of this chapter.  The governor has particular responsibility for the enforcement of this chapter as applied to employees of the office of the governor and to agency heads, and for this purpose the governor has all the powers of an agency head.

 

          NEW SECTION.  Sec. 18.    The governing bodies of the state's institutions of higher education may adopt written policies, consistent with this chapter, governing conflicts of interests in their respective institutions.

 

          NEW SECTION.  Sec. 19.    (1) Each agency head shall establish appropriate standards within his or her agency to protect against actual or potential conflicts of interest on the part of employees of his or her agency, and for the administration and enforcement within his or her agency of this chapter and the regulations and orders issued hereunder.

          (2) Each agency head may, subject to any regulations issued by the governor under section 17 of this act, issue regulations carrying out the policies and purposes of this chapter as applied to his or her agency.  He or she shall file copies of all such regulations with the office of the governor.

 

          NEW SECTION.  Sec. 20.    (1) The head of an agency may dismiss, suspend, or take such other action as may be appropriate in the circumstances in respect to any state employee of his or her agency upon finding that the employee has violated this chapter or regulations issued hereunder.  Such action may include the imposition of conditions of the nature described in section 21 of this act.

          (2) The procedures for any such action shall correspond to those applicable for disciplinary action for the employee in question.  Any action against the employee is subject to judicial review to the extent provided by law for disciplinary action for misconduct of employees of the same category and grade.

 

          NEW SECTION.  Sec. 21.    (1) The head of an agency, upon finding that any former employee of the agency or any other person has violated any provision of this chapter, may, in addition to any other powers the head of that agency may have, bar or impose reasonable conditions upon:

          (a) The appearance before the agency of the former employee or other person; and

          (b) The conduct of, or negotiation or competition for, business with the agency by the former employee or other person, for such period of time as may  reasonably be necessary or appropriate to carry out the purposes of this chapter.

          (2) Findings of violations referred to in subsection (1)(b) of this section shall be made on the record after notice and hearing conducted in accordance with the Administrative Procedure Act, chapter 34.04 RCW.  Those findings and orders are subject to judicial review.

 

          NEW SECTION.  Sec. 22.    The attorney general may, on request of the governor, and in addition to any other available rights of rescission, bring an action in the superior court of Thurston county to cancel or rescind any state action without contractual liability to the state of Washington where the governor:  (1) Believes that a violation of this chapter has substantially influenced the state action, and (2) believes the interest of the state requires the cancellation or rescission.  The governor may suspend state action pending the determination of the merits of the controversy under this section.  The court may permit persons affected by the governor's actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final judgment, decree, or other order of the court.

 

          NEW SECTION.  Sec. 23.    The attorney general may bring a civil action in the superior court of the county in which the violation was alleged to have occurred against any state officer, state employee, former state officer, former state employee, or other person who has violated or knowingly assisted any other person in violating any other provision of this chapter.  In such action the attorney general may recover the following damages on behalf of the state of Washington:

          (1) Any damages sustained by the state that are caused by the conduct constituting the violation; and

          (2) From each such person a civil penalty of either one thousand dollars or an amount not exceeding three times  the amount of the economic value of any thing received or sought in violation of this chapter.

 

          NEW SECTION.  Sec. 24.    Nothing in this chapter may be interpreted to prevent a member of a board, committee, advisory commission, or other body required or permitted by statute to be appointed from any identifiable group or interest, from serving on such body in accordance with the intent of the legislature in establishing such body.

 

          NEW SECTION.  Sec. 25.    The conflict of interest rules and regulations adopted or issued under sections 15 through 19 of this act are not rules within the definition of the Administrative Procedure Act.

 

          NEW SECTION.  Sec. 26.    No action taken to enforce any provision of this chapter may be commenced after the expiration of five years following the occurrence of the alleged violation.

 

          NEW SECTION.  Sec. 27.    Sections 1 through 26 of this act may be known and cited as the Conflict of Interest Act for State Officers and Employees.

 

          NEW SECTION.  Sec. 28.    Sections 1 through 27 of this act shall constitute a new chapter in Title 42 RCW.

 

        Sec. 29.  Section 28B.50.060, chapter 223, Laws of 1969 ex. sess. as last amended by section 75, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 28B.50.060 are each amended to read as follows:

          A director of the state system of community colleges shall be appointed by the college board and shall serve at the pleasure of the college board.  He shall be appointed with due regard to his fitness and background in education, by his knowledge of and recent practical experience in the field of educational administration particularly in institutions beyond the high school level.  The college board may also take into consideration an applicant's proven management background even though not particularly in the field of education.

          The director shall devote his time to the duties of his office and shall not have any direct pecuniary interest in or any stock or bonds of any business connected with or selling supplies to the field of education within this state, in keeping with chapter ((42.18)) 42.--!sc ,1RCW (sections 1 through 27 of this 1985 act), the ((executive)) conflict of interest act for state officers and employees.

          He shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses incurred by him in the discharge of his official duties in accordance with RCW 43.03.050 and 43.03.060, as now existing or hereafter amended.

          He shall be the executive officer of the college board and serve as its secretary and under its supervision shall administer the provisions of this chapter and the rules, regulations and orders established thereunder and all other laws of the state.  He shall attend, but not vote at, all meetings of the college board.  He shall be in charge of offices of the college board and responsible to the college board for the preparation of reports and the collection and dissemination of data and other public information relating to the state system of community colleges.  At the direction of the college board, he shall, together with the chairman of the college board, execute all contracts entered into by the college board.

          The director shall, with the approval of the college board:  (1) Employ necessary assistant directors of major staff divisions who shall serve at his pleasure on such terms and conditions as he determines, and (2) subject to the provisions of chapter 28B.16 RCW, the higher education personnel law, the director shall, with the approval of the college board, appoint and employ such field and office assistants, clerks and other employees as may be required and authorized for the proper discharge of the functions of the college board and for whose services funds have been appropriated.

          The board may, by written order filed in its office, delegate to the director any of the powers and duties vested in or imposed upon it by this chapter.  Such delegated powers and duties may be exercised by the director in the name of the college board.

 

        Sec. 30.  Section 2, chapter 1, Laws of 1984 and RCW 35.21.418 are each amended to read as follows:

          A commission, established by an agreement between a Washington municipality and the Province of British Columbia to carry out a treaty between the United States of America and Canada as authorized in RCW 35.21.417, shall be public and shall have all powers and capacity necessary and appropriate for the purposes of performing its functions under the agreement, including, but not limited to, the following powers and capacity:  To acquire and dispose of real property other than by condemnation; to enter into contracts; to sue and be sued in either Canada or the United States; to establish an endowment fund in either or both the United States and Canada and to invest the endowment fund in either or both countries; to solicit, accept, and use donations, grants, bequests, or devises intended for furthering the functions of the endowment; to adopt such rules or procedures as it deems desirable for performing its functions; to engage advisors and consultants; to establish committees and subcommittees; to adopt rules for its governance; to enter into agreements with public and private entities; and to engage in activities necessary and appropriate for implementing the agreement and the treaty.

          The endowment fund and commission may not be subject to state or local taxation.  A commission, so established, may not be subject to statutes and laws governing Washington cities and municipalities in the conduct of its internal affairs:  PROVIDED, That all commission members appointed by the municipality shall comply with chapter ((42.22 RCW)) 42.-- RCW (sections 1 through 27 of this 1985 act), and:  PROVIDED FURTHER, That all commission meetings held within the state of Washington shall be held in compliance with chapter 42.30 RCW.  All obligations or liabilities incurred by the commission shall be satisfied exclusively from its own assets and insurance.

 

        Sec. 31.  Section 82, chapter 249, Laws of 1909 as amended by section 34, chapter 234, Laws of 1969 ex. sess. and RCW 42.20.010 are each amended to read as follows:

          Every public officer who shall‑-

          (1) Ask or receive, directly or indirectly, any compensation, gratuity, or reward, or promise thereof, for omitting or deferring the performance of any official duty; or for any official service which has not been actually rendered, except in case of charges for prospective costs or fees demandable in advance in a case allowed by law; or

          (2) Be beneficially interested, directly or indirectly, in any contract, sale, lease, or purchase which may be made by, through or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested therein; or

          (3) Employ or use any person, money, or property under his official control or direction, or in his official custody, for the private benefit or gain of himself or another;

          Shall be guilty of a gross misdemeanor, and any contract, sale, lease or purchase mentioned in subdivision (2) hereof shall be void:  PROVIDED, That this section shall have no application to any person who is a state employee as defined in ((RCW 42.18.130)) section 2 of this 1985 act.

 

        Sec. 32.  Section 11, chapter 3, Laws of 1981 as amended by section 4, chapter 219, Laws of 1981 and RCW 43.33A.110 are each amended to read as follows:

          The state investment board may make appropriate rules and regulations for the performance of its duties.  The board shall establish investment policies and procedures designed exclusively to maximize return at a prudent level of risk.  The board shall adopt rules to ensure that its members perform their functions in compliance with chapter ((42.18)) 42.--!sc ,1RCW (sections 1 through 27 of this 1985 act).  Rules adopted by the board shall be adopted pursuant to chapter 34.04 RCW.

 

        Sec. 33.  Section 68, chapter 62, Laws of 1933 ex. sess. as amended by section 3, chapter 5, Laws of 1981 1st ex. sess. and RCW 66.08.080 are each amended to read as follows:

          Except as provided by chapter ((42.18)) 42.--!sc ,1RCW (sections 1 through 27 of this 1985 act), no member of the board and no employee of the board shall have any interest, directly or indirectly, in the manufacture of liquor or in any liquor sold under this title, or derive any profit or remuneration from the sale of liquor, other than the salary or wages payable to him in respect of his office or position, and shall receive no gratuity from any person in connection with such business.

 

        Sec. 34.  Section 5, chapter 216, Laws of 1973 1st ex. sess. and RCW 67.16.160 are each amended to read as follows:

          No later than ninety days after July 16, 1973 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 chapter((s 42.18, 42.21 and 42.22 RCW)) 42.-- (sections 1 through 27 of this 1985 act).

 

        Sec. 35.  Section 10, chapter 152, Laws of 1979 ex. sess. as amended by section 23, chapter 41, Laws of 1983 1st ex. sess. and RCW 74.09.290 are each amended to read as follows:

          The secretary of the department of social and health services or his authorized representative shall have the authority to:

          (1) Conduct audits and investigations of providers of medical and other services furnished pursuant to this chapter, except that the Washington state medical disciplinary board shall generally serve in an advisory capacity to the secretary in the conduct of audits or investigations of physicians.  In the conduct of such audits or investigations, the secretary may examine only those records or portions thereof, including patient records, for which services were rendered by a health care provider and reimbursed by the department, notwithstanding the provisions of RCW 5.60.060, 18.53.200, 18.83.110, or any other statute which may make or purport to make such records privileged or confidential:  PROVIDED, That no original patient records shall be removed from the premises of the health care provider, and that the disclosure of any records or information by the department of social and health services is prohibited and constitutes a violation of ((RCW 42.22.040)) section 11 of this 1985 act, unless such disclosure is directly connected to the official purpose for which the records or information were obtained:  PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not  subject any physician or other health services provider to any liability for breach of any confidential relationship between the provider and the patient, but no evidence resulting from such disclosure may be used in any civil, administrative, or criminal proceeding against the patient unless a waiver of the applicable evidentiary privilege is obtained:  PROVIDED FURTHER, That the secretary shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation or proceedings;

          (2) Approve or deny applications to participate as a provider of services furnished pursuant to this chapter;

          (3) Terminate or suspend eligibility to participate as a provider of services furnished pursuant to this chapter; and

          (4) Adopt, promulgate, amend, and rescind administrative rules and regulations, in accordance with the administrative procedure act, chapter 34.04 RCW, to carry out the policies and purposes of RCW 74.09.200 through 74.09.290.

 

        Sec. 36.  Section 3, chapter 45, Laws of 1970 ex. sess. as last amended by section 372, chapter 7, Laws of 1984 and by section 18, chapter 125, Laws of 1984 and RCW 80.50.030 are each reenacted and amended to read as follows:

          (1) There is created and established the energy facility site evaluation council.

          (2) The chairman of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause.  The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence.  The salary of the chairman shall be determined under RCW 43.03.040.  The chairman is a "state employee" for the purposes of chapter ((42.18)) 42.--!sc ,1RCW (sections 1 through 27 of this 1985 act).

          (3) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

          (a) Department of ecology;

          (b) Department of fisheries;

          (c) Department of game;

          (d) Department of parks and recreation;

          (e) Department of  social and health services;

          (f) State energy office;

          (g) Department of commerce and economic development;

          (h) Utilities and transportation commission;

          (i) Office of financial management;

          (j) Department of natural resources;

          (k) Department of community development;

          (l) Department of emergency ((services)) management;

          (m) Department of agriculture;

          (n) Department of transportation.

          (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site;

          (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

          (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.  The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

 

        Sec. 37.  Section 96, chapter 72, Laws of 1937 as amended by section 35, chapter 234, Laws of 1969 ex. sess. and RCW 86.09.286 are each amended to read as follows:

          No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment:  PROVIDED, That nothing in this section contained shall be construed to prevent any district officer from being employed by the district as foreman or as a day laborer:  PROVIDED FURTHER, That this section shall have no application to any person who is a state employee as defined in ((RCW 42.18.130)) section 2 of this 1985 act.

 

          NEW SECTION.  Sec. 38.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.010;

          (2) Section 2, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.020;

          (3) Section 3, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.030;

          (4) Section 4, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.040;

          (5) Section 5, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.050;

          (6) Section 6, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.060;

          (7) Section 7, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.070;

          (8) Section 8, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.080;

          (9) Section 9, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.090;

          (10) Section 10, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.100;

          (11) Section 11, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.110;

          (12) Section 12, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.120;

          (13) Section 13, chapter 234, Laws of 1969 ex. sess., section 1, chapter 137, Laws of 1973 and RCW 42.18.130;

          (14) Section 14, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.140;

          (15) Section 15, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.150;

          (16) Section 16, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.160;

          (17) Section 17, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.170;

          (18) Section 18, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.180;

          (19) Section 19, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.190;

          (20) Section 20, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.200;

          (21) Section 21, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.210;

          (22) Section 22, chapter 234, Laws of 1969 ex. sess., section 1, chapter 85, Laws of 1984 and RCW 42.18.220;

          (23) Section 23, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.230;

          (24) Section 24, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.240;

          (25) Section 25, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.250;

          (26) Section 26, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.260;

          (27) Section 27, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.270;

          (28) Section 28, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.280;

          (29) Section 29, chapter 234, Laws of 1969 ex. sess., section 2, chapter 137, Laws of 1973 and RCW 42.18.290;

          (30) Section 30, chapter 234, Laws of 1969 ex. sess., section 3, chapter 137, Laws of 1973 and RCW 42.18.300;

          (31) Section 31, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.310;

          (32) Section 32, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.320;

          (33) Section 33, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.330;

          (34) Section 40, chapter 234, Laws of 1969 ex. sess. and RCW 42.18.900;

          (35) Section 1, chapter 150, Laws of 1965 ex. sess. and RCW 42.21.010;

          (36) Section 2, chapter 150, Laws of 1965 ex. sess., section 106, chapter 81, Laws of 1971 and RCW 42.21.020;

          (37) Section 3, chapter 150, Laws of 1965 ex. sess. and RCW 42.21.030;

          (38) Section 4, chapter 150, Laws of 1965 ex. sess. and RCW 42.21.040;

          (39) Section 5, chapter 150, Laws of 1965 ex. sess. and RCW 42.21.050;

          (40) Section 8, chapter 150, Laws of 1965 ex. sess. and RCW 42.21.080;

          (41) Section 36, chapter 234, Laws of 1969 ex. sess. and RCW 42.21.090;

          (42) Section 1, chapter 320, Laws of 1959 and RCW 42.22.010;

          (43) Section 2, chapter 320, Laws of 1959 and RCW 42.22.020;

          (44) Section 3, chapter 320, Laws of 1959, section 8, chapter 268, Laws of 1961 and RCW 42.22.030;

          (45) Section 4, chapter 320, Laws of 1959 and RCW 42.22.040;

          (46) Section 5, chapter 320, Laws of 1959 and RCW 42.22.050;

          (47) Section 6, chapter 320, Laws of 1959 and RCW 42.22.060;

          (48) Section 7, chapter 320, Laws of 1959 and RCW 42.22.070; and

          (49) Section 37, chapter 234, Laws of 1969 ex. sess. and RCW 42.22.120.

 

          NEW SECTION.  Sec. 39.    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.