Z-449                 _______________________________________________

                                                   SENATE BILL NO. 3077

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                                                                            C 010 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Halsan, Newhouse, Talmadge and Moore

Read first time 1/16/85 and referred to Committee on Judiciary.

AN ACT Relating to joint tenancies; making technical corrections to the Washington Trust Act of 1984; reenacting and amending RCW 64.28.040; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution.

        Sec. 2.  Section 174, chapter 149, Laws of 1984 and RCW 64.28.040 are each reenacted and amended to read as follows:

(1) Joint tenancy interests held in the names of a husband and wife, whether or not in conjunction with others, are presumed to be their community property, the same as other property held in the name of both husband and wife.  Any such interest passes to the survivor of the husband and wife as provided for property held in joint tenancy, but in all other respects the interest is treated as community property.

(2) This section applies as of January 1, 1985, to all existing or subsequently created joint tenancies.

NEW SECTION. Sec. 3.     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.

NEW SECTION. Sec. 4.     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 immediately.