BILL REQ. #: S-1128.3
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/28/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to further expanding the rights and responsibilities of state registered domestic partners; amending RCW 2.10.030, 6.27.140, 9A.44.010, 10.77.205, 11.88.030, 26.60.040, 26.60.090, 41.05.066, 41.16.010, 41.18.010, 49.78.020, 65.12.035, 71.05.425, 72.09.015, 72.09.712, 72.36.115, 77.36.010, 83.100.046, 83.100.047, and 84.04.050; adding a new section to chapter 26.60 RCW; adding a new section to chapter 34.05 RCW; adding a new section to chapter 2.10 RCW; adding a new section to chapter 2.12 RCW; adding a new section to chapter 2.14 RCW; adding a new section to chapter 2.56 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 4.28 RCW; adding a new section to chapter 5.44 RCW; adding a new section to chapter 6.15 RCW; adding a new section to chapter 6.27 RCW; adding a new section to chapter 7.08 RCW; adding a new section to chapter 7.68 RCW; adding a new section to chapter 9.58 RCW; adding a new section to chapter 9.68 RCW; adding a new section to chapter 9.68A RCW; adding a new section to chapter 9.94A RCW; adding a new section to chapter 9A.16 RCW; adding a new section to chapter 9A.40 RCW; adding a new section to chapter 9A.44 RCW; adding a new section to chapter 10.77 RCW; adding a new section to chapter 10.95 RCW; adding a new section to chapter 10.99 RCW; adding a new section to chapter 10.101 RCW; adding a new section to chapter 11.40 RCW; adding a new section to chapter 11.42 RCW; adding a new section to chapter 11.68 RCW; adding a new section to chapter 11.88 RCW; adding a new section to chapter 11.94 RCW; adding a new section to chapter 11.95 RCW; adding a new section to chapter 11.98 RCW; adding a new section to chapter 11.104A RCW; adding a new section to chapter 11.108 RCW; adding a new section to chapter 13.40 RCW; adding a new section to chapter 13.64 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.35 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.118 RCW; adding a new section to chapter 18.120 RCW; adding a new section to chapter 19.09 RCW; adding a new section to chapter 19.16 RCW; adding a new section to chapter 19.36 RCW; adding a new section to chapter 19.40 RCW; adding a new section to chapter 19.120 RCW; adding a new section to chapter 19.205 RCW; adding a new section to chapter 19.220 RCW; adding a new section to chapter 19.225 RCW; adding a new section to chapter 21.20 RCW; adding a new section to chapter 21.35 RCW; adding a new section to chapter 23B.08 RCW; adding a new section to chapter 23B.19 RCW; adding a new section to chapter 26.09 RCW; adding a new section to chapter 26.18 RCW; adding a new section to chapter 26.21A RCW; adding a new section to chapter 26.26 RCW; adding a new section to chapter 26.27 RCW; adding a new section to chapter 26.33 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28B.15 RCW; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 30.22 RCW; adding a new section to chapter 31.12 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.54 RCW; adding a new section to chapter 35A.01 RCW; adding a new section to chapter 36.17 RCW; adding a new section to chapter 36.88 RCW; adding a new section to chapter 38.42 RCW; adding a new section to chapter 38.52 RCW; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.05 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 41.16 RCW; adding a new section to chapter 41.18 RCW; adding a new section to chapter 41.20 RCW; adding a new section to chapter 41.24 RCW; adding a new section to chapter 41.26 RCW; adding a new section to chapter 41.28 RCW; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.34 RCW; adding a new section to chapter 41.35 RCW; adding a new section to chapter 41.37 RCW; adding a new section to chapter 41.40 RCW; adding a new section to chapter 41.44 RCW; adding a new section to chapter 41.50 RCW; adding a new section to chapter 41.54 RCW; adding a new section to chapter 41.68 RCW; adding a new section to chapter 42.23 RCW; adding a new section to chapter 42.52 RCW; adding a new section to chapter 43.20B RCW; adding a new section to chapter 43.43 RCW; adding a new section to chapter 43.56 RCW; adding a new section to chapter 43.180 RCW; adding a new section to chapter 43.215 RCW; adding a new section to chapter 43.235 RCW; adding a new section to chapter 46.04 RCW; adding a new section to chapter 48.17 RCW; adding a new section to chapter 48.18 RCW; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.21A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 48.23 RCW; adding a new section to chapter 48.24 RCW; adding a new section to chapter 48.25 RCW; adding a new section to chapter 48.29 RCW; adding a new section to chapter 48.30 RCW; adding a new section to chapter 48.41 RCW; adding a new section to chapter 48.43 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 48.66 RCW; adding a new section to chapter 48.76 RCW; adding a new section to chapter 49.12 RCW; adding a new section to chapter 49.48 RCW; adding a new section to chapter 49.74 RCW; adding a new section to chapter 49.77 RCW; adding a new section to chapter 49.78 RCW; adding a new section to chapter 49.86 RCW; adding a new section to chapter 50.04 RCW; adding a new section to chapter 51.08 RCW; adding a new section to chapter 59.18 RCW; adding a new section to chapter 59.20 RCW; adding a new section to chapter 59.21 RCW; adding a new section to chapter 59.22 RCW; adding a new section to chapter 62A.1 RCW; adding a new section to chapter 65.12 RCW; adding a new section to chapter 66.24 RCW; adding a new section to chapter 67.70 RCW; adding a new section to chapter 68.04 RCW; adding a new section to chapter 70.02 RCW; adding a new section to chapter 70.24 RCW; adding a new section to chapter 70.47 RCW; adding a new section to chapter 70.47A RCW; adding a new section to chapter 70.122 RCW; adding a new section to chapter 70.128 RCW; adding a new section to chapter 70.190 RCW; adding a new section to chapter 71.05 RCW; adding a new section to chapter 71.09 RCW; adding a new section to chapter 71.12 RCW; adding a new section to chapter 71.32 RCW; adding a new section to chapter 71A.20 RCW; adding a new section to chapter 72.01 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 72.23 RCW; adding a new section to chapter 72.36 RCW; adding a new section to chapter 72.64 RCW; adding a new section to chapter 73.16 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 74.08A RCW; adding a new section to chapter 74.09 RCW; adding a new section to chapter 74.09A RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 74.20 RCW; adding a new section to chapter 74.20A RCW; adding a new section to chapter 74.34 RCW; adding a new section to chapter 74.41 RCW; adding a new section to chapter 77.08 RCW; adding a new section to chapter 79A.05 RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 81.28 RCW; adding a new section to chapter 81.80 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 83.100 RCW; adding a new section to chapter 83.110A RCW; adding a new section to chapter 84.04 RCW; adding a new section to chapter 85.38 RCW; adding a new section to chapter 91.08 RCW; repealing RCW 26.60.050 and 26.60.055; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 26.60 RCW
to read as follows:
It is the intent of the legislature that for all purposes under
state law, state registered domestic partners shall be treated the same
as married spouses. Any privilege, immunity, right, benefit, or
responsibility granted or imposed by statute, administrative or court
rule, policy, common law or any other law to an individual because the
individual is or was a spouse, or because the individual is or was an
in-law in a specified way to another individual, is granted on
equivalent terms, substantive and procedural, to an individual because
the individual is or was in a state registered domestic partnership or
because the individual is or was, based on a state registered domestic
partnership, related in a specified way to another individual. The
provisions of this act shall be liberally construed to achieve equal
treatment, to the extent not in conflict with federal law, of state
registered domestic partners and married spouses.
NEW SECTION. Sec. 2 A new section is added to chapter 34.05 RCW
to read as follows:
Agencies shall amend their rules to reflect the intent of the
legislature to ensure that all privileges, immunities, rights,
benefits, or responsibilities granted or imposed by statute to an
individual because that individual is or was a spouse in a marital
relationship are granted or imposed on equivalent terms to an
individual because that individual is or was in a state registered
domestic partnership.
NEW SECTION. Sec. 3 A new section is added to chapter 2.10 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 4 RCW 2.10.030 and 1997 c 88 s 5 are each amended to read as
follows:
(1) "Retirement system" means the "Washington judicial retirement
system" provided herein.
(2) "Judge" means a person elected or appointed to serve as judge
of a court of record as provided in chapters 2.04, 2.06, and 2.08 RCW.
"Judge" does not include a person serving as a judge pro tempore except
for a judge pro tempore appointed under RCW 2.04.240(2) or 2.06.150(2).
(3) "Retirement board" means the "Washington judicial retirement
board" established herein.
(4) "Surviving spouse" means the surviving widow or widower or
surviving state registered domestic partner of a judge. "Surviving
spouse" does not include the divorced spouse of a judge or an
individual whose state registered domestic partnership with the judge
has been terminated, dissolved, or invalidated.
(5) "Retirement fund" means the "Washington judicial retirement
fund" established herein.
(6) "Beneficiary" means any person in receipt of a retirement
allowance, disability allowance or any other benefit described herein.
(7) "Monthly salary" means the monthly salary of the position held
by the judge.
(8) "Service" means all periods of time served as a judge, as
herein defined. Any calendar month at the beginning or end of a term
in which ten or more days are served shall be counted as a full month
of service: PROVIDED, That no more than one month's service may be
granted for any one calendar month. Only months of service will be
counted in the computation of any retirement allowance or other benefit
provided for in this chapter. Years of service shall be determined by
dividing the total months of service by twelve. Any fraction of a year
of service as so determined shall be taken into account in the
computation of such retirement allowance or benefit.
(9) "Final average salary" means (a) for a judge in service in the
same court for a minimum of twelve consecutive months preceding the
date of retirement, the salary attached to the position held by the
judge immediately prior to retirement; (b) for any other judge, the
average monthly salary paid over the highest twenty-four month period
in the last ten years of service.
(10) "Retirement allowance" for the purpose of applying cost of
living increases or decreases includes retirement allowances,
disability allowances and survivorship benefit.
(11) "Index" means for any calendar year, that year's annual
average consumer price index for urban wage earners and clerical
workers, all items (1957-1959 equal one hundred) -- compiled by the
bureau of labor statistics, United States department of labor.
(12) "Accumulated contributions" means the total amount deducted
from the judge's monthly salary pursuant to RCW 2.10.090, together with
the regular interest thereon from July 1, 1988, as determined by the
director of the department of retirement systems.
NEW SECTION. Sec. 5 A new section is added to chapter 2.12 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 6 A new section is added to chapter 2.14 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 7 A new section is added to chapter 2.56 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 8 A new section is added to chapter 4.24 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 9 A new section is added to chapter 4.28 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 10 A new section is added to chapter 5.44 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 11 A new section is added to chapter 6.15 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 12 A new section is added to chapter 6.27 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 13 RCW 6.27.140 and 2003 c 222 s 6 are each amended to read
as follows:
(1) The notice required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be in the following form,
printed or typed in type no smaller than elite type:
A Writ of Garnishment issued in a Washington court has been or will be served on the garnishee named in the attached copy of the writ. After receipt of the writ, the garnishee is required to withhold payment of any money that was due to you and to withhold any other property of yours that the garnishee held or controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. If the garnishment is for child support, the exempt amount paid to you will be forty percent of wages due you, but if you are supporting a spouse, state registered domestic partner, or dependent child, you are entitled to claim an additional ten percent as exempt.
BANK ACCOUNTS. If the garnishee is a bank or other institution with which you have an account in which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, veterans' benefits, unemployment compensation, or a United States pension, you may claim the account as fully exempt if you have deposited only such benefit funds in the account. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts up to five hundred dollars of property of your choice (including up to one hundred dollars in cash or in a bank account) and certain property such as household furnishings, tools of trade, and a motor vehicle (all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim form and mail or deliver it as described in instructions on the claim form. If the plaintiff does not object to your claim, the funds or other property that you have claimed as exempt must be released not later than 10 days after the plaintiff receives your claim form. If the plaintiff objects, the law requires a hearing not later than 14 days after the plaintiff receives your claim form, and notice of the objection and hearing date will be mailed to you at the address that you put on the claim form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT YOU MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
NEW SECTION. Sec. 14 A new section is added to chapter 7.08 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 15 A new section is added to chapter 7.68 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 16 A new section is added to chapter 9.58 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 17 A new section is added to chapter 9.68 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 18 A new section is added to chapter 9.68A RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 19 A new section is added to chapter 9.94A RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 20 A new section is added to chapter 9A.16 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 21 A new section is added to chapter 9A.40 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 22 A new section is added to chapter 9A.44 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 23 RCW 9A.44.010 and 2007 c 20 s 3 are each amended to read
as follows:
As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and occurs
upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however
slight, by an object, when committed on one person by another, whether
such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or
diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving
the sex organs of one person and the mouth or anus of another whether
such persons are of the same or opposite sex.
(2) "Sexual contact" means any touching of the sexual or other
intimate parts of a person done for the purpose of gratifying sexual
desire of either party or a third party.
(3) "Married" means one who is legally married to or in a state
registered domestic partnership with another, but does not include a
person who is living separate and apart from his or her spouse or
domestic partner and who has filed in an appropriate court for legal
separation ((or)), for dissolution of his or her marriage, or for
termination or dissolution of a state registered domestic partnership.
(4) "Mental incapacity" is that condition existing at the time of
the offense which prevents a person from understanding the nature or
consequences of the act of sexual intercourse whether that condition is
produced by illness, defect, the influence of a substance or from some
other cause.
(5) "Physically helpless" means a person who is unconscious or for
any other reason is physically unable to communicate unwillingness to
an act.
(6) "Forcible compulsion" means physical force which overcomes
resistance, or a threat, express or implied, that places a person in
fear of death or physical injury to herself or himself or another
person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual
intercourse or sexual contact there are actual words or conduct
indicating freely given agreement to have sexual intercourse or sexual
contact.
(8) "Significant relationship" means a situation in which the
perpetrator is:
(a) A person who undertakes the responsibility, professionally or
voluntarily, to provide education, health, welfare, or organized
recreational activities principally for minors;
(b) A person who in the course of his or her employment supervises
minors; or
(c) A person who provides welfare, health or residential
assistance, personal care, or organized recreational activities to
frail elders or vulnerable adults, including a provider, employee,
temporary employee, volunteer, or independent contractor who supplies
services to long-term care facilities licensed or required to be
licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home
health, hospice, or home care agencies licensed or required to be
licensed under chapter 70.127 RCW, but not including a consensual
sexual partner.
(9) "Abuse of a supervisory position" means:
(a) To use a direct or indirect threat or promise to exercise
authority to the detriment or benefit of a minor; or
(b) To exploit a significant relationship in order to obtain the
consent of a minor.
(10) "Person with a developmental disability," for purposes of RCW
9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a
developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes of RCW
9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any
proprietor or employee of any public or private care or treatment
facility who directly supervises developmentally disabled, mentally
disordered, or chemically dependent persons at the facility.
(12) "Person with a mental disorder" for the purposes of RCW
9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental
disorder" as defined in RCW 71.05.020.
(13) "Person with a chemical dependency" for purposes of RCW
9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically
dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050 and
9A.44.100 means a person who is, holds himself or herself out to be, or
provides services as if he or she were: (a) A member of a health care
profession under chapter 18.130 RCW; or (b) registered under chapter
18.19 RCW or licensed under chapter 18.225 RCW, regardless of whether
the health care provider is licensed, certified, or registered by the
state.
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means
the active delivery of professional services by a health care provider
which the health care provider holds himself or herself out to be
qualified to provide.
(16) "Frail elder or vulnerable adult" means a person sixty years
of age or older who has the functional, mental, or physical inability
to care for himself or herself. "Frail elder or vulnerable adult" also
includes a person found incapacitated under chapter 11.88 RCW, a person
over eighteen years of age who has a developmental disability under
chapter 71A.10 RCW, a person admitted to a long-term care facility that
is licensed or required to be licensed under chapter 18.20, 18.51,
72.36, or 70.128 RCW, and a person receiving services from a home
health, hospice, or home care agency licensed or required to be
licensed under chapter 70.127 RCW.
NEW SECTION. Sec. 24 A new section is added to chapter 10.77 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 25 RCW 10.77.205 and 2000 c 94 s 17 are each amended to read
as follows:
(1)(a) At the earliest possible date, and in no event later than
thirty days before conditional release, release, authorized furlough
pursuant to RCW 10.77.163, or transfer to a less-restrictive facility
than a state mental hospital, the superintendent shall send written
notice of the conditional release, release, authorized furlough, or
transfer of a person who has been found not guilty of a sex, violent,
or felony harassment offense by reason of insanity and who is now in
the custody of the department pursuant to this chapter, to the
following:
(i) The chief of police of the city, if any, in which the person
will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be
sent to the following, if such notice has been requested in writing
about a specific person committed under this chapter:
(i) The victim of the crime for which the person was committed or
the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court
proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the
notice, information regarding any other person specified in writing by
the prosecuting attorney to receive the notice, and the notice are
confidential and shall not be available to the person committed under
this chapter.
(c) In addition to the notice requirements of (a) and (b) of this
subsection, the superintendent shall comply with RCW 10.77.163.
(d) The thirty-day notice requirement contained in (a) and (b) of
this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in (a) and (b) of this
subsection shall not require any extension of the release date in the
event the release plan changes after notification.
(2) If a person who has been found not guilty of a sex, violent, or
felony harassment offense by reason of insanity and who is committed
under this chapter escapes, the superintendent shall immediately
notify, by the most reasonable and expedient means available, the chief
of police of the city and the sheriff of the county in which the person
resided immediately before the person's arrest. If previously
requested, the superintendent shall also notify the witnesses and the
victim, if any, of the crime for which the person was committed or the
victim's next of kin if the crime was a homicide. The superintendent
shall also notify appropriate persons pursuant to RCW 10.77.165. If
the person is recaptured, the secretary shall send notice to the
persons designated in this subsection as soon as possible but in no
event later than two working days after the department learns of such
recapture.
(3) If the victim, the victim's next of kin, or any witness is
under the age of sixteen, the notice required by this section shall be
sent to the parents or legal guardian of the child.
(4) The department shall send the notices required by this chapter
to the last address provided to the department by the requesting party.
The requesting party shall furnish the department with a current
address.
(5) For purposes of this section the following terms have the
following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Next of kin" means a person's spouse, state registered
domestic partner, parents, siblings, and children;
(d) "Authorized furlough" means a furlough granted after compliance
with RCW 10.77.163;
(e) "Felony harassment offense" means a crime of harassment as
defined in RCW 9A.46.060 that is a felony.
NEW SECTION. Sec. 26 A new section is added to chapter 10.95 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 27 A new section is added to chapter 10.99 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 28 A new section is added to chapter 10.101
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 29 A new section is added to chapter 11.40 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 30 A new section is added to chapter 11.42 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 31 A new section is added to chapter 11.68 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 32 A new section is added to chapter 11.88 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 33 RCW 11.88.030 and 1996 c 249 s 8 are each amended to read
as follows:
(1) Any person or entity may petition for the appointment of a
qualified person, trust company, national bank, or nonprofit
corporation authorized in RCW 11.88.020 as the guardian or limited
guardian of an incapacitated person. No liability for filing a
petition for guardianship or limited guardianship shall attach to a
petitioner acting in good faith and upon reasonable basis. A petition
for guardianship or limited guardianship shall state:
(a) The name, age, residence, and post office address of the
alleged incapacitated person;
(b) The nature of the alleged incapacity in accordance with RCW
11.88.010;
(c) The approximate value and description of property, including
any compensation, pension, insurance, or allowance, to which the
alleged incapacitated person may be entitled;
(d) Whether there is, in any state, a guardian or limited guardian,
or pending guardianship action for the person or estate of the alleged
incapacitated person;
(e) The residence and post office address of the person whom
petitioner asks to be appointed guardian or limited guardian;
(f) The names and addresses, and nature of the relationship, so far
as known or can be reasonably ascertained, of the persons most closely
related by blood ((or)), marriage, or state registered domestic
partnership to the alleged incapacitated person;
(g) The name and address of the person or facility having the care
and custody of the alleged incapacitated person;
(h) The reason why the appointment of a guardian or limited
guardian is sought and the interest of the petitioner in the
appointment, and whether the appointment is sought as guardian or
limited guardian of the person, the estate, or both;
(i) A description of any alternate arrangements previously made by
the alleged incapacitated person, such as trusts or powers of attorney,
including identifying any guardianship nominations contained in a power
of attorney, and why a guardianship is nevertheless necessary;
(j) The nature and degree of the alleged incapacity and the
specific areas of protection and assistance requested and the
limitation of rights requested to be included in the court's order of
appointment;
(k) The requested term of the limited guardianship to be included
in the court's order of appointment;
(l) Whether the petitioner is proposing a specific individual to
act as guardian ad litem and, if so, the individual's knowledge of or
relationship to any of the parties, and why the individual is proposed.
(2)(a) The attorney general may petition for the appointment of a
guardian or limited guardian in any case in which there is cause to
believe that a guardianship is necessary and no private party is able
and willing to petition.
(b) Prepayment of a filing fee shall not be required in any
guardianship or limited guardianship brought by the attorney general.
Payment of the filing fee shall be ordered from the estate of the
incapacitated person at the hearing on the merits of the petition,
unless in the judgment of the court, such payment would impose a
hardship upon the incapacitated person, in which case the filing shall
be waived.
(3) No filing fee shall be charged by the court for filing either
a petition for guardianship or a petition for limited guardianship if
the petition alleges that the alleged incapacitated person has total
assets of a value of less than three thousand dollars.
(4)(a) Notice that a guardianship proceeding has been commenced
shall be personally served upon the alleged incapacitated person and
the guardian ad litem along with a copy of the petition for appointment
of a guardian. Such notice shall be served not more than five court
days after the petition has been filed.
(b) Notice under this subsection shall include a clear and easily
readable statement of the legal rights of the alleged incapacitated
person that could be restricted or transferred to a guardian by a
guardianship order as well as the right to counsel of choice and to a
jury trial on the issue of incapacity. Such notice shall be in
substantially the following form and shall be in capital letters,
double-spaced, and in a type size not smaller than ten-point type:
NEW SECTION. Sec. 34 A new section is added to chapter 11.94 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 35 A new section is added to chapter 11.95 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 36 A new section is added to chapter 11.98 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 37 A new section is added to chapter 11.104A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 38 A new section is added to chapter 11.108
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 39 A new section is added to chapter 13.40 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 40 A new section is added to chapter 13.64 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 41 A new section is added to chapter 18.20 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 42 A new section is added to chapter 18.35 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 43 A new section is added to chapter 18.51 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 44 A new section is added to chapter 18.96 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 45 A new section is added to chapter 18.118
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 46 A new section is added to chapter 18.120
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 47 A new section is added to chapter 19.09 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 48 A new section is added to chapter 19.16 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 49 A new section is added to chapter 19.36 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 50 A new section is added to chapter 19.40 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 51 A new section is added to chapter 19.120
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 52 A new section is added to chapter 19.205
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 53 A new section is added to chapter 19.220
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 54 A new section is added to chapter 19.225
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 55 A new section is added to chapter 21.20 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 56 A new section is added to chapter 21.35 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 57 A new section is added to chapter 23B.08
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 58 A new section is added to chapter 23B.19
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 59 A new section is added to chapter 26.09 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 60 A new section is added to chapter 26.18 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 61 A new section is added to chapter 26.21A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 62 A new section is added to chapter 26.26 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 63 A new section is added to chapter 26.27 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 64 A new section is added to chapter 26.33 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 65 RCW 26.60.040 and 2007 c 156 s 5 are each amended to read
as follows:
(1) Two persons desiring to become state registered domestic
partners who meet the requirements of RCW 26.60.030 may register their
domestic partnership by filing a declaration of state registered
domestic partnership with the secretary and paying the filing fee
established pursuant to subsection (4) of this section. The
declaration must be signed by both parties and notarized.
(2) Upon receipt of a signed, notarized declaration and the filing
fee, the secretary shall register the declaration and provide a
certificate of state registered domestic partnership to each party
named on the declaration.
(3) The secretary shall permanently maintain a record of each
declaration of state registered domestic partnership filed with the
secretary. The secretary has the authority to update the records to
reflect changes in the status of a state registered domestic
partnership, such as a change of address, name, dissolution, or death.
The secretary shall provide the state registrar of vital statistics
with records of declarations of state registered domestic partnerships.
(4) The secretary shall set by rule and collect a reasonable fee
for filing the declaration, calculated to cover the secretary's costs,
but not to exceed fifty dollars. Fees collected under this section are
expressly designated for deposit in the secretary of state's revolving
fund established under RCW 43.07.130.
Sec. 66 RCW 26.60.090 and 2008 c 6 s 1101 are each amended to
read as follows:
A legal union of two persons of the same sex, other than a
marriage, that was validly formed in another jurisdiction, and that is
substantially equivalent to a domestic partnership under this chapter,
shall be recognized as a valid domestic partnership in this state and
shall be treated the same as a domestic partnership registered in this
state regardless of whether it bears the name domestic partnership.
NEW SECTION. Sec. 67 A new section is added to chapter 28B.10
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 68 A new section is added to chapter 28B.15
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships. The rules and
time periods to establish residency that apply to spouses of Washington
residents shall apply equally to state registered domestic partners of
Washington residents.
NEW SECTION. Sec. 69 A new section is added to chapter 28B.50
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 70 A new section is added to chapter 30.22 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 71 A new section is added to chapter 31.12 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 72 A new section is added to chapter 35.21 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 73 A new section is added to chapter 35.54 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 74 A new section is added to chapter 35A.01
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 75 A new section is added to chapter 36.17 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 76 A new section is added to chapter 36.88 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 77 A new section is added to chapter 38.42 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 78 A new section is added to chapter 38.52 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 79 A new section is added to chapter 41.04 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 80 A new section is added to chapter 41.05 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 81 RCW 41.05.066 and 2007 c 156 s 9 are each amended to read
as follows:
A certificate of domestic partnership issued ((to a couple of the
same sex)) under the provisions of RCW 26.60.030 shall be recognized as
evidence of a qualified ((same sex)) domestic partnership fulfilling
all necessary eligibility criteria for the partner of the employee to
receive benefits. Nothing in this section affects the requirements of
((same sex)) domestic partners to complete documentation related to
federal tax status that may currently be required by the board for
employees choosing to make premium payments on a pretax basis.
NEW SECTION. Sec. 82 A new section is added to chapter 41.06 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 83 A new section is added to chapter 41.16 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 84 RCW 41.16.010 and 2007 c 218 s 18 are each amended to
read as follows:
For the purpose of this chapter, unless clearly indicated by the
context, words and phrases shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons designated by a
firefighter in a writing filed with the board, and who shall be
entitled to receive any benefits of a deceased firefighter under this
chapter.
(2) "Board" shall mean the municipal firefighters' pension board.
(3) "Child or children" shall mean a child or children unmarried
and under eighteen years of age.
(4) "Contributions" shall mean and include all sums deducted from
the salary of firefighters and paid into the fund as hereinafter
provided.
(5) "Disability" shall mean and include injuries or sickness
sustained as a result of the performance of duty.
(6) "Firefighter" shall mean any person regularly or temporarily,
or as a substitute, employed and paid as a member of a fire department,
who has passed a civil service examination for firefighter and who is
actively employed as a firefighter; and shall include any "prior
firefighter."
(7) "Fire department" shall mean the regularly organized, full
time, paid, and employed force of firefighters of the municipality.
(8) "Fund" shall mean the firefighters' pension fund created
herein.
(9) "Municipality" shall mean every city and town having a
regularly organized full time, paid, fire department employing
firefighters.
(10) "Performance of duty" shall mean the performance of work and
labor regularly required of firefighters and shall include services of
an emergency nature rendered while off regular duty, but shall not
include time spent in traveling to work before answering roll call or
traveling from work after dismissal at roll call.
(11) "Prior firefighter" shall mean a firefighter who was actively
employed as a firefighter of a fire department prior to the first day
of January, 1947, and who continues such employment thereafter.
(12) "Retired firefighter" shall mean and include a person employed
as a firefighter and retired under the provisions of chapter 50, Laws
of 1909, as amended.
(13) "Widow or widower" means the surviving wife ((or)), husband,
or state registered domestic partner of a retired firefighter who was
retired on account of length of service and who was lawfully married
to, or in a state registered domestic partnership with, such
firefighter; and whenever that term is used with reference to the wife
or former wife ((or)), husband or former husband, or current or former
state registered domestic partner of a retired firefighter who was
retired because of disability, it shall mean his or her lawfully
married wife ((or)), husband, or state registered domestic partner on
the date he or she sustained the injury or contracted the illness that
resulted in his or her disability. Said term shall not mean or include
a surviving wife ((or)), husband, or state registered domestic partner
who by process of law within one year prior to the retired
firefighter's death, collected or attempted to collect from him or her
funds for the support of herself or himself or for his or her children.
NEW SECTION. Sec. 85 A new section is added to chapter 41.18 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 86 RCW 41.18.010 and 2007 c 218 s 41 are each amended to
read as follows:
For the purpose of this chapter, unless clearly indicated otherwise
by the context, words and phrases shall have the meaning hereinafter
ascribed.
(1) "Beneficiary" shall mean any person or persons designated by a
firefighter in a writing filed with the board, and who shall be
entitled to receive any benefits of a deceased firefighter under this
chapter.
(2) "Firefighter" means any person hereafter regularly or
temporarily, or as a substitute newly employed and paid as a member of
a fire department, who has passed a civil service examination for
firefighters and who is actively employed as a firefighter or, if
provided by the municipality by appropriate local legislation, as a
fire dispatcher: PROVIDED, Nothing in chapter 209, Laws of 1969 ex.
sess. shall impair or permit the impairment of any vested pension
rights of persons who are employed as fire dispatchers at the time
chapter 209, Laws of 1969 ex. sess. takes effect; and any person
heretofore regularly or temporarily, or as a substitute, employed and
paid as a member of a fire department, and who has contributed under
and been covered by the provisions of chapter 41.16 RCW as now or
hereafter amended and who has come under the provisions of this chapter
in accordance with RCW 41.18.170 and who is actively engaged as a
firefighter or as a member of the fire department as a firefighter or
fire dispatcher.
(3) "Retired firefighter" means and includes a person employed as
a firefighter and retired under the provisions of this chapter.
(4) "Basic salary" means the basic monthly salary, including
longevity pay, attached to the rank held by the retired firefighter at
the date of his or her retirement, without regard to extra compensation
which such firefighter may have received for special duties assignments
not acquired through civil service examination: PROVIDED, That such
basic salary shall not be deemed to exceed the salary of a battalion
chief.
(5) "Widow or widower" means the surviving spouse of a firefighter
and shall include the surviving wife ((or)), husband, or state
registered domestic partner of a firefighter, retired on account of
length of service, who was lawfully married to, or in a state
registered domestic partnership with, him or to her for a period of
five years prior to the time of his or her retirement; and the
surviving wife ((or)), husband, or state registered domestic partner of
a firefighter, retired on account of disability, who was lawfully
married to, or in a state registered domestic partnership with, him or
her at and prior to the time he or she sustained the injury or
contracted the illness resulting in his or her disability. The word
shall not mean the divorced wife or husband or former state registered
domestic partner of an active or retired firefighter.
(6) "Child" or "children" means a firefighter's child or children
under the age of eighteen years, unmarried, and in the legal custody of
such firefighter at the time of his death or her death.
(7) "Earned interest" means and includes all annual increments to
the firefighters' pension fund from income earned by investment of the
fund. The earned interest payable to any firefighter when he or she
leaves the service and accepts his or her contributions, shall be that
portion of the total earned income of the fund which is directly
attributable to each individual firefighter's contributions. Earnings
of the fund for the preceding year attributable to individual
contributions shall be allocated to individual firefighters' accounts
as of January 1st of each year.
(8) "Board" shall mean the municipal firefighters' pension board.
(9) "Contributions" shall mean and include all sums deducted from
the salary of firefighters and paid into the fund as hereinafter
provided.
(10) "Disability" shall mean and include injuries or sickness
sustained by a firefighter.
(11) "Fire department" shall mean the regularly organized, full
time, paid, and employed force of firefighters of the municipality.
(12) "Fund" shall have the same meaning as in RCW 41.16.010 as now
or hereafter amended. Such fund shall be created in the manner and be
subject to the provisions specified in chapter 41.16 RCW as now or
hereafter amended.
(13) "Municipality" shall mean every city, town and fire protection
district having a regularly organized full time, paid, fire department
employing firefighters.
(14) "Performance of duty" shall mean the performance of work or
labor regularly required of firefighters and shall include services of
an emergency nature normally rendered while off regular duty.
NEW SECTION. Sec. 87 A new section is added to chapter 41.20 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 88 A new section is added to chapter 41.24 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 89 A new section is added to chapter 41.26 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 90 A new section is added to chapter 41.28 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 91 A new section is added to chapter 41.32 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 92 A new section is added to chapter 41.34 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 93 A new section is added to chapter 41.35 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 94 A new section is added to chapter 41.37 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 95 A new section is added to chapter 41.40 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 96 A new section is added to chapter 41.44 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 97 A new section is added to chapter 41.50 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 98 A new section is added to chapter 41.54 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 99 A new section is added to chapter 41.68 RCW
to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 100 A new section is added to chapter 42.23
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 101 A new section is added to chapter 42.52
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 102 A new section is added to chapter 43.20B
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 103 A new section is added to chapter 43.43
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 104 A new section is added to chapter 43.56
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 105 A new section is added to chapter 43.180
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 106 A new section is added to chapter 43.215
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 107 A new section is added to chapter 43.235
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 108 A new section is added to chapter 46.04
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 109 A new section is added to chapter 48.17
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 110 A new section is added to chapter 48.18
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 111 A new section is added to chapter 48.20
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 112 A new section is added to chapter 48.21
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 113 A new section is added to chapter 48.21A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 114 A new section is added to chapter 48.22
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 115 A new section is added to chapter 48.23
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 116 A new section is added to chapter 48.24
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 117 A new section is added to chapter 48.25
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 118 A new section is added to chapter 48.29
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 119 A new section is added to chapter 48.30
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 120 A new section is added to chapter 48.41
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 121 A new section is added to chapter 48.43
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 122 A new section is added to chapter 48.44
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 123 A new section is added to chapter 48.46
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 124 A new section is added to chapter 48.66
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 125 A new section is added to chapter 48.76
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 126 A new section is added to chapter 49.12
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 127 A new section is added to chapter 49.48
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 128 A new section is added to chapter 49.74
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 129 A new section is added to chapter 49.77
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 130 A new section is added to chapter 49.78
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 131 RCW 49.78.020 and 2006 c 59 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Child" means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco
parentis, who is: (a) Under eighteen years of age; or (b) eighteen
years of age or older and incapable of self-care because of a mental or
physical disability.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of the department.
(4)(a) "Employee" means a person who has been employed: (i) For at
least twelve months by the employer with respect to whom leave is
requested under RCW 49.78.220; and (ii) for at least one thousand two
hundred fifty hours of service with the employer during the previous
twelve-month period.
(b) "Employee" does not mean a person who is employed at a worksite
at which the employer as defined in (a) of this subsection employs less
than fifty employees if the total number of employees employed by that
employer within seventy-five miles of that worksite is less than fifty.
(5) "Employer" means: (a) 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 includes any unit of local government including, but
not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which employs fifty or
more employees for each working day during each of twenty or more
calendar workweeks in the current or preceding calendar year; (b) the
state, state institutions, and state agencies; and (c) any unit of
local government including, but not limited to, a county, city, town,
municipal corporation, quasi-municipal corporation, or political
subdivision.
(6) "Employment benefits" means all benefits provided or made
available to employees by an employer, including group life insurance,
health insurance, disability insurance, sick leave, annual leave,
educational benefits, and pensions except benefits that are provided by
a practice or written policy of an employer or through an employee
benefit plan as defined in 29 U.S.C. Sec. 1002(3).
(7) "Family member" means a child, parent, ((or)) spouse, or state
registered domestic partner of an employee.
(8) "Health care provider" means: (a) A person licensed as a
physician under chapter 18.71 RCW or an osteopathic physician and
surgeon under chapter 18.57 RCW; (b) a person licensed as an advanced
registered nurse practitioner under chapter 18.79 RCW; or (c) any other
person determined by the director to be capable of providing health
care services.
(9) "Intermittent leave" is leave taken in separate blocks of time
due to a single qualifying reason.
(10) "Leave for a family member's serious health condition" means
leave as described in RCW 49.78.220(1)(c).
(11) "Leave for the birth or placement of a child" means leave as
described in RCW 49.78.220(1) (a) or (b).
(12) "Leave for the employee's serious health condition" means
leave as described in RCW 49.78.220(1)(d).
(13) "Parent" means the biological or adoptive parent of an
employee or an individual who stood in loco parentis to an employee
when the employee was a child.
(14) "Period of incapacity" means an inability to work, attend
school, or perform other regular daily activities because of the
serious health condition, treatment of that condition or recovery from
it, or subsequent treatment in connection with such inpatient care.
(15) "Reduced leave schedule" means a leave schedule that reduces
the usual number of hours per workweek, or hours per workday, of an
employee.
(16)(a) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves:
(i) Inpatient care in a hospital, hospice, or residential medical
care facility, including any period of incapacity; or
(ii) Continuing treatment by a health care provider. A serious
health condition involving continuing treatment by a health care
provider includes any one or more of the following:
(A) A period of incapacity of more than three consecutive calendar
days, and any subsequent treatment or period of incapacity relating to
the same condition, that also involves:
(I) Treatment two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a health
care provider, or by a provider of health care services under orders
of, or on referral by, a health care provider; or
(II) Treatment by a health care provider on at least one occasion
which results in a regimen of continuing treatment under the
supervision of the health care provider;
(B) Any period of incapacity due to pregnancy, or for prenatal
care;
(C) Any period of incapacity or treatment for such incapacity due
to a chronic serious health condition. A chronic serious health
condition is one which:
(I) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(II) Continues over an extended period of time, including recurring
episodes of a single underlying condition; and
(III) May cause episodic rather than a continuing period of
incapacity;
(D) A period of incapacity which is permanent or long-term due to
a condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but need not
be receiving active treatment by, a health care provider; or
(E) Any period of absence to receive multiple treatments, including
any period of recovery from the treatments, by a health care provider
or by a provider of health care services under orders of, or on
referral by, a health care provider, either for restorative surgery
after an accident or other injury, or for a condition that would likely
result in a period of incapacity of more than three consecutive
calendar days in the absence of medical intervention or treatment, such
as cancer, severe arthritis, or kidney disease.
(b) Treatment for purposes of (a) of this subsection includes, but
is not limited to, examinations to determine if a serious health
condition exists and evaluations of the condition. Treatment does not
include routine physical examinations, eye examinations, or dental
examinations. Under (a)(ii)(A)(II) of this subsection, a regimen of
continuing treatment includes, but is not limited to, a course of
prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. A regimen of continuing
treatment that includes taking over-the-counter medications, such as
aspirin, antihistamines, or salves, or bed-rest, drinking fluids,
exercise, and other similar activities that can be initiated without a
visit to a health care provider, is not, by itself, sufficient to
constitute a regimen of continuing treatment for purposes of this
chapter.
(c) Conditions for which cosmetic treatments are administered are
not "serious health conditions" unless inpatient hospital care is
required or unless complications develop. Unless complications arise,
the common cold, the flu, ear aches, upset stomach, minor ulcers,
headaches other than migraine, routine dental or orthodontia problems,
and periodontal disease are examples of conditions that do not meet the
definition of a "serious health condition" and do not qualify for leave
under this chapter. Restorative dental or plastic surgery after an
injury or removal of cancerous growths are serious health conditions
provided all the other conditions of this section are met. Mental
illness resulting from stress or allergies may be serious health
conditions provided all the other conditions of this section are met.
(d) Substance abuse may be a serious health condition if the
conditions of this section are met. However, leave may only be taken
for treatment for substance abuse by a health care provider or by a
provider of health care services upon referral by a health care
provider. Absence from work because of the employee's use of the
substance, rather than for treatment, does not qualify for leave under
this chapter.
(e) Absences attributable to incapacity under (a)(ii)(B) or (C) of
this subsection qualify for leave under this chapter even though the
employee or the immediate family member does not receive treatment from
a health care provider during the absence, and even if the absence does
not last more than three days.
(17) "Spouse" means a husband or wife, as the case may be, or state
registered domestic partner.
NEW SECTION. Sec. 132 A new section is added to chapter 49.86
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 133 A new section is added to chapter 50.04
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 134 A new section is added to chapter 51.08
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 135 A new section is added to chapter 59.18
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 136 A new section is added to chapter 59.20
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 137 A new section is added to chapter 59.21
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 138 A new section is added to chapter 59.22
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 139 A new section is added to chapter 62A.1
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 140 A new section is added to chapter 65.12
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 141 RCW 65.12.035 and 1907 c 250 s 7 are each amended to
read as follows:
The form of application may, with appropriate changes, be
substantially as follows:
NEW SECTION. Sec. 142 A new section is added to chapter 66.24
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 143 A new section is added to chapter 67.70
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 144 A new section is added to chapter 68.04
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 145 A new section is added to chapter 70.02
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 146 A new section is added to chapter 70.24
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 147 A new section is added to chapter 70.47
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 148 A new section is added to chapter 70.47A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 149 A new section is added to chapter 70.122
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 150 A new section is added to chapter 70.128
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 151 A new section is added to chapter 70.190
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 152 A new section is added to chapter 71.05
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 153 RCW 71.05.425 and 2008 c 213 s 10 are each amended to
read as follows:
(1)(a) Except as provided in subsection (2) of this section, at the
earliest possible date, and in no event later than thirty days before
conditional release, final release, authorized leave under RCW
71.05.325(2), or transfer to a facility other than a state mental
hospital, the superintendent shall send written notice of conditional
release, release, authorized leave, or transfer of a person committed
under RCW 71.05.280(3) or 71.05.320(3)(c) following dismissal of a sex,
violent, or felony harassment offense pursuant to RCW 10.77.086(4) to
the following:
(i) The chief of police of the city, if any, in which the person
will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be
sent to the following, if such notice has been requested in writing
about a specific person committed under RCW 71.05.280(3) or
71.05.320(3)(c) following dismissal of a sex, violent, or felony
harassment offense pursuant to RCW 10.77.086(4):
(i) The victim of the sex, violent, or felony harassment offense
that was dismissed pursuant to RCW 10.77.086(4) preceding commitment
under RCW 71.05.280(3) or 71.05.320(3)(c) or the victim's next of kin
if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court
proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the
notice, information regarding any other person specified in writing by
the prosecuting attorney to receive the notice, and the notice are
confidential and shall not be available to the person committed under
this chapter.
(c) The thirty-day notice requirements contained in this subsection
shall not apply to emergency medical transfers.
(d) The existence of the notice requirements in this subsection
will not require any extension of the release date in the event the
release plan changes after notification.
(2) If a person committed under RCW 71.05.280(3) or 71.05.320(3)(c)
following dismissal of a sex, violent, or felony harassment offense
pursuant to RCW 10.77.086(4) escapes, the superintendent shall
immediately notify, by the most reasonable and expedient means
available, the chief of police of the city and the sheriff of the
county in which the person resided immediately before the person's
arrest. If previously requested, the superintendent shall also notify
the witnesses and the victim of the sex, violent, or felony harassment
offense that was dismissed pursuant to RCW 10.77.086(4) preceding
commitment under RCW 71.05.280(3) or 71.05.320(3) or the victim's next
of kin if the crime was a homicide. In addition, the secretary shall
also notify appropriate parties pursuant to RCW 71.05.390(18). If the
person is recaptured, the superintendent shall send notice to the
persons designated in this subsection as soon as possible but in no
event later than two working days after the department learns of such
recapture.
(3) If the victim, the victim's next of kin, or any witness is
under the age of sixteen, the notice required by this section shall be
sent to the parent or legal guardian of the child.
(4) The superintendent shall send the notices required by this
chapter to the last address provided to the department by the
requesting party. The requesting party shall furnish the department
with a current address.
(5) For purposes of this section the following terms have the
following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Next of kin" means a person's spouse, state registered
domestic partner, parents, siblings, and children;
(d) "Felony harassment offense" means a crime of harassment as
defined in RCW 9A.46.060 that is a felony.
NEW SECTION. Sec. 154 A new section is added to chapter 71.09
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 155 A new section is added to chapter 71.12
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 156 A new section is added to chapter 71.32
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 157 A new section is added to chapter 71A.20
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 158 A new section is added to chapter 72.01
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 159 A new section is added to chapter 72.09
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 160 RCW 72.09.015 and 2008 c 231 s 47 are each amended to
read as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed
to achieve general competence of skills in reading, writing, and oral
communication, including English as a second language and preparation
and testing services for obtaining a high school diploma or a general
equivalency diploma.
(2) "Base level of correctional services" means the minimum level
of field services the department of corrections is required by statute
to provide for the supervision and monitoring of offenders.
(3) "Community custody" has the same meaning as that provided in
RCW 9.94A.030 and also includes community placement and community
supervision as defined in RCW 9.94B.020.
(4) "Contraband" means any object or communication the secretary
determines shall not be allowed to be: (a) Brought into; (b) possessed
while on the grounds of; or (c) sent from any institution under the
control of the secretary.
(5) "County" means a county or combination of counties.
(6) "Department" means the department of corrections.
(7) "Earned early release" means earned release as authorized by
RCW 9.94A.728.
(8) "Evidence-based" means a program or practice that has had
multiple-site random controlled trials across heterogeneous populations
demonstrating that the program or practice is effective in reducing
recidivism for the population.
(9) "Extended family visit" means an authorized visit between an
inmate and a member of his or her immediate family that occurs in a
private visiting unit located at the correctional facility where the
inmate is confined.
(10) "Good conduct" means compliance with department rules and
policies.
(11) "Good performance" means successful completion of a program
required by the department, including an education, work, or other
program.
(12) "Immediate family" means the inmate's children, stepchildren,
grandchildren, great grandchildren, parents, stepparents, grandparents,
great grandparents, siblings, and a person legally married to or in a
state registered domestic partnership with an inmate. "Immediate
family" does not include an inmate adopted by another inmate or the
immediate family of the adopted or adopting inmate.
(13) "Indigent inmate," "indigent," and "indigency" mean an inmate
who has less than a ten-dollar balance of disposable income in his or
her institutional account on the day a request is made to utilize funds
and during the thirty days previous to the request.
(14) "Individual reentry plan" means the plan to prepare an
offender for release into the community. It should be developed
collaboratively between the department and the offender and based on an
assessment of the offender using a standardized and comprehensive tool
to identify the offender's risks and needs. The individual reentry
plan describes actions that should occur to prepare individual
offenders for release from prison or jail, specifies the supervision
and services they will experience in the community, and describes an
offender's eventual discharge to aftercare upon successful completion
of supervision. An individual reentry plan is updated throughout the
period of an offender's incarceration and supervision to be relevant to
the offender's current needs and risks.
(15) "Inmate" means a person committed to the custody of the
department, including but not limited to persons residing in a
correctional institution or facility and persons released from such
facility on furlough, work release, or community custody, and persons
received from another state, state agency, county, or federal
jurisdiction.
(16) "Privilege" means any goods or services, education or work
programs, or earned early release days, the receipt of which are
directly linked to an inmate's (a) good conduct; and (b) good
performance. Privileges do not include any goods or services the
department is required to provide under the state or federal
Constitution or under state or federal law.
(17) "Promising practice" means a practice that presents, based on
preliminary information, potential for becoming a research-based or
consensus-based practice.
(18) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
(19) "Secretary" means the secretary of corrections or his or her
designee.
(20) "Significant expansion" includes any expansion into a new
product line or service to the class I business that results from an
increase in benefits provided by the department, including a decrease
in labor costs, rent, or utility rates (for water, sewer, electricity,
and disposal), an increase in work program space, tax advantages, or
other overhead costs.
(21) "Superintendent" means the superintendent of a correctional
facility under the jurisdiction of the Washington state department of
corrections, or his or her designee.
(22) "Unfair competition" means any net competitive advantage that
a business may acquire as a result of a correctional industries
contract, including labor costs, rent, tax advantages, utility rates
(water, sewer, electricity, and disposal), and other overhead costs.
To determine net competitive advantage, the correctional industries
board shall review and quantify any expenses unique to operating a for-profit business inside a prison.
(23) "Vocational training" or "vocational education" means
"vocational education" as defined in RCW 72.62.020.
(24) "Washington business" means an in-state manufacturer or
service provider subject to chapter 82.04 RCW existing on June 10,
2004.
(25) "Work programs" means all classes of correctional industries
jobs authorized under RCW 72.09.100.
Sec. 161 RCW 72.09.712 and 2008 c 231 s 27 are each amended to
read as follows:
(1) At the earliest possible date, and in no event later than
thirty days before release except in the event of escape or emergency
furloughs as defined in RCW 72.66.010, the department of corrections
shall send written notice of parole, release, community custody, work
release placement, furlough, or escape about a specific inmate
convicted of a violent offense, a sex offense as defined by RCW
9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060
or 9A.46.110, to the following:
(a) The chief of police of the city, if any, in which the inmate
will reside or in which placement will be made in a work release
program; and
(b) The sheriff of the county in which the inmate will reside or in
which placement will be made in a work release program.
The sheriff of the county where the offender was convicted shall be
notified if the department does not know where the offender will
reside. The department shall notify the state patrol of the release of
all sex offenders, and that information shall be placed in the
Washington crime information center for dissemination to all law
enforcement.
(2) The same notice as required by subsection (1) of this section
shall be sent to the following if such notice has been requested in
writing about a specific inmate convicted of a violent offense, a sex
offense as defined by RCW 9.94A.030, or a felony harassment offense as
defined by RCW 9A.46.060 or 9A.46.110:
(a) The victim of the crime for which the inmate was convicted or
the victim's next of kin if the crime was a homicide;
(b) Any witnesses who testified against the inmate in any court
proceedings involving the violent offense;
(c) Any person specified in writing by the prosecuting attorney;
and
(d) Any person who requests such notice about a specific inmate
convicted of a sex offense as defined by RCW 9.94A.030 from the
department of corrections at least sixty days prior to the expected
release date of the offender.
Information regarding victims, next of kin, or witnesses requesting
the notice, information regarding any other person specified in writing
by the prosecuting attorney to receive the notice, and the notice are
confidential and shall not be available to the inmate. Whenever the
department of corrections mails notice pursuant to this subsection and
the notice is returned as undeliverable, the department shall attempt
alternative methods of notification, including a telephone call to the
person's last known telephone number.
(3) The existence of the notice requirements contained in
subsections (1) and (2) of this section shall not require an extension
of the release date in the event that the release plan changes after
notification.
(4) If an inmate convicted of a violent offense, a sex offense as
defined by RCW 9.94A.030, or a felony harassment offense as defined by
RCW 9A.46.060 or 9A.46.110, escapes from a correctional facility, the
department of corrections shall immediately notify, by the most
reasonable and expedient means available, the chief of police of the
city and the sheriff of the county in which the inmate resided
immediately before the inmate's arrest and conviction. If previously
requested, the department shall also notify the witnesses and the
victim of the crime for which the inmate was convicted or the victim's
next of kin if the crime was a homicide. If the inmate is recaptured,
the department shall send notice to the persons designated in this
subsection as soon as possible but in no event later than two working
days after the department learns of such recapture.
(5) If the victim, the victim's next of kin, or any witness is
under the age of sixteen, the notice required by this section shall be
sent to the parents or legal guardian of the child.
(6) The department of corrections shall send the notices required
by this chapter to the last address provided to the department by the
requesting party. The requesting party shall furnish the department
with a current address.
(7) The department of corrections shall keep, for a minimum of two
years following the release of an inmate, the following:
(a) A document signed by an individual as proof that that person is
registered in the victim or witness notification program; and
(b) A receipt showing that an individual registered in the victim
or witness notification program was mailed a notice, at the
individual's last known address, upon the release or movement of an
inmate.
(8) For purposes of this section the following terms have the
following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Next of kin" means a person's spouse, state registered
domestic partner, parents, siblings and children.
(9) Nothing in this section shall impose any liability upon a chief
of police of a city or sheriff of a county for failing to request in
writing a notice as provided in subsection (1) of this section.
NEW SECTION. Sec. 162 A new section is added to chapter 72.23
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 163 A new section is added to chapter 72.36
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 164 RCW 72.36.115 and 2007 c 43 s 2 are each amended to read
as follows:
(1) The department shall establish and maintain in this state an
eastern Washington state veterans' cemetery.
(2) All honorably discharged veterans, as defined by RCW 41.04.007,
and their spouses or state registered domestic partners are eligible
for interment in the eastern Washington state veterans' cemetery.
(3) The department shall collect all federal veterans' burial
benefits and other available state or county resources.
(4) The department shall adopt rules defining the services
available, eligibility, fees, and the general operations associated
with the eastern Washington state veterans' cemetery.
NEW SECTION. Sec. 165 A new section is added to chapter 72.64
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 166 A new section is added to chapter 73.16
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 167 A new section is added to chapter 74.04
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 168 A new section is added to chapter 74.08A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 169 A new section is added to chapter 74.09
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 170 A new section is added to chapter 74.09A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 171 A new section is added to chapter 74.13
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 172 A new section is added to chapter 74.15
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 173 A new section is added to chapter 74.20
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 174 A new section is added to chapter 74.20A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 175 A new section is added to chapter 74.34
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 176 A new section is added to chapter 74.41
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 177 A new section is added to chapter 77.08
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 178 RCW 77.36.010 and 1996 c 54 s 2 are each amended to read
as follows:
Unless otherwise specified, the following definitions apply
throughout this chapter:
(1) "Crop" means a commercially raised horticultural and/or
agricultural product and includes growing or harvested product but does
not include livestock. For the purposes of this chapter all parts of
horticultural trees shall be considered a crop and shall be eligible
for claims.
(2) "Emergency" means an unforeseen circumstance beyond the control
of the landowner or tenant that presents a real and immediate threat to
crops, domestic animals, or fowl.
(3) "Immediate family member" means spouse, state registered
domestic partner, brother, sister, grandparent, parent, child, or
grandchild.
NEW SECTION. Sec. 179 A new section is added to chapter 79A.05
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 180 A new section is added to chapter 80.28
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 181 A new section is added to chapter 81.28
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 182 A new section is added to chapter 81.80
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 183 A new section is added to chapter 82.08
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 184 A new section is added to chapter 83.100
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-
specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 185 RCW 83.100.046 and 2005 c 514 s 1201 are each amended to
read as follows:
(1) For the purposes of determining the Washington taxable estate,
a deduction is allowed from the federal taxable estate for:
(a) The value of qualified real property reduced by any amounts
allowable as a deduction in respect of the qualified real property and
tangible personal property under section 2053(a)(4) of the internal
revenue code, if the decedent was at the time of his or her death a
citizen or resident of the United States.
(b) The value of any tangible personal property used by the
decedent or a member of the decedent's family for a qualified use on
the date of the decedent's death, reduced by any amounts allowable as
a deduction in respect of the tangible personal property under section
2053(a)(4) of the internal revenue code, if all of the requirements of
subsection (10)(f)(i)(A) of this section are met and the decedent was
at the time of his or her death a citizen or resident of the United
States.
(c) The value of real property that is not deductible under (a) of
this subsection solely by reason of subsection (10)(f)(i)(B) of this
section, reduced by any amounts allowable as a deduction in respect of
the qualified real property and tangible personal property under
section 2053(a)(4) of the internal revenue code, if the requirements of
subsection (10)(f)(i)(C) of this section are met with respect to the
property and the decedent was at the time of his or her death a citizen
or resident of the United States.
(2) Property shall be considered to have been acquired from or to
have passed from the decedent if:
(a) The property is so considered under section 1014(b) of the
Internal Revenue Code;
(b) The property is acquired by any person from the estate; or
(c) The property is acquired by any person from a trust, to the
extent the property is includible in the gross estate of the decedent.
(3) If the decedent and the decedent's surviving spouse at any time
held qualified real property as community property, the interest of the
surviving spouse in the property shall be taken into account under this
section to the extent necessary to provide a result under this section
with respect to the property which is consistent with the result which
would have obtained under this section if the property had not been
community property.
(4) In the case of any qualified woodland, the value of trees
growing on the woodland may be deducted if otherwise qualified under
this section.
(5) If property is qualified real property with respect to a
decedent, hereinafter in this subsection referred to as the "first
decedent," and the property was acquired from or passed from the first
decedent to the surviving spouse of the first decedent, active
management of the farm by the surviving spouse shall be treated as
material participation by the surviving spouse in the operation of the
farm.
(6) Property owned indirectly by the decedent may qualify for a
deduction under this section if owned through an interest in a
corporation, partnership, or trust as the terms corporation,
partnership, or trust are used in section 2032A(g) of the Internal
Revenue Code. In order to qualify for a deduction under this
subsection, the interest, in addition to meeting the other tests for
qualification under this section, must qualify under section 6166(b)(1)
of the Internal Revenue Code as an interest in a closely held business
on the date of the decedent's death and for sufficient other time,
combined with periods of direct ownership, to equal at least five years
of the eight-year period preceding the death.
(7)(a) If, on the date of the decedent's death, the requirements of
subsection (10)(f)(i)(C)(II) of this section with respect to the
decedent for any property are not met, and the decedent (i) was
receiving old age benefits under Title II of the social security act
for a continuous period ending on such date, or (ii) was disabled for
a continuous period ending on this date, then subsection
(10)(f)(i)(C)(II) of this section shall be applied with respect to the
property by substituting "the date on which the longer of such
continuous periods began" for "the date of the decedent's death" in
subsection (10)(f)(i)(C) of this section.
(b) For the purposes of (a) of this subsection, an individual shall
be disabled if the individual has a mental or physical impairment which
renders that individual unable to materially participate in the
operation of the farm.
(8) Property may be deducted under this section whether or not
special valuation is elected under section 2032A of the Internal
Revenue Code on the federal return. For the purposes of determining
the deduction under this section, the value of property is its value as
used to determine the value of the gross estate.
(9)(a) In the case of any qualified replacement property, any
period during which there was ownership, qualified use, or material
participation with respect to the replaced property by the decedent or
any member of the decedent's family shall be treated as a period during
which there was ownership, use, or material participation, as the case
may be, with respect to the qualified replacement property.
(b) Subsection (9)(a) of this section shall not apply to the extent
that the fair market value of the qualified replacement property, as of
the date of its acquisition, exceeds the fair market value of the
replaced property, as of the date of its disposition.
(c) For the purposes of this subsection (9), the following
definitions apply:
(i) "Qualified replacement property" means any real property:
(A) Which is acquired in an exchange which qualifies under section
1031 of the Internal Revenue Code; or
(B) The acquisition of which results in the nonrecognition of gain
under section 1033 of the Internal Revenue Code.
The term "qualified replacement property" only includes property
which is used for the same qualified use as the replaced property was
being used before the exchange.
(ii) "Replaced property" means the property was:
(A) Transferred in the exchange which qualifies under section 1031
of the Internal Revenue Code; or
(B) Compulsorily or involuntarily converted within the meaning of
section 1033 of the Internal Revenue Code.
(10) For the purposes of this section, the following definitions
apply:
(a) "Active management" means the making of the management
decisions of a farm, other than the daily operating decisions.
(b) "Farm" includes stock, dairy, poultry, fruit, furbearing
animal, and truck farms; plantations; ranches; nurseries; ranges;
greenhouses or other similar structures used primarily for the raising
of agricultural or horticultural commodities; and orchards and
woodlands.
(c) "Farming purposes" means:
(i) Cultivating the soil or raising or harvesting any agricultural
or horticultural commodity, including the raising, shearing, feeding,
caring for, training, and management of animals on a farm;
(ii) Handling, drying, packing, grading, or storing on a farm any
agricultural or horticultural commodity in its unmanufactured state,
but only if the owner, tenant, or operator of the farm regularly
produces more than one-half of the commodity so treated; and
(iii)(A) The planting, cultivating, caring for, or cutting of
trees; or
(B) The preparation, other than milling, of trees for market.
(d) "Member of the family" means, with respect to any individual,
only:
(i) An ancestor of the individual;
(ii) The spouse or state registered domestic partner of the
individual;
(iii) A lineal descendant of the individual, of the individual's
spouse or state registered domestic partner, or of a parent of the
individual; or
(iv) The spouse or state registered domestic partner of any lineal
descendant described in (d)(iii) of this subsection.
For the purposes of this subsection (10)(d), a legally adopted
child of an individual shall be treated as the child of such individual
by blood.
(e) "Qualified heir" means, with respect to any property, a member
of the decedent's family who acquired property, or to whom property
passed, from the decedent.
(f)(i) "Qualified real property" means real property which was
acquired from or passed from the decedent to a qualified heir of the
decedent and which, on the date of the decedent's death, was being used
for a qualified use by the decedent or a member of the decedent's
family, but only if:
(A) Fifty percent or more of the adjusted value of the gross estate
consists of the adjusted value of real or personal property which:
(I) On the date of the decedent's death, was being used for a
qualified use by the decedent or a member of the decedent's family; and
(II) Was acquired from or passed from the decedent to a qualified
heir of the decedent;
(B) Twenty-five percent or more of the adjusted value of the gross
estate consists of the adjusted value of real property which meets the
requirements of (f)(i)(A)(II) and (f)(i)(C) of this subsection; and
(C) During the eight-year period ending on the date of the
decedent's death there have been periods aggregating five years or more
during which:
(I) The real property was owned by the decedent or a member of the
decedent's family and used for a qualified use by the decedent or a
member of the decedent's family; and
(II) There was material participation by the decedent or a member
of the decedent's family in the operation of the farm. For the
purposes of this subsection (f)(i)(C)(II), material participation shall
be determined in a manner similar to the manner used for purposes of
section 1402(a)(1) of the Internal Revenue Code.
(ii) For the purposes of this subsection, the term "adjusted value"
means:
(A) In the case of the gross estate, the value of the gross estate,
determined without regard to any special valuation under section 2032A
of the Internal Revenue Code, reduced by any amounts allowable as a
deduction under section 2053(a)(4) of the Internal Revenue Code; or
(B) In the case of any real or personal property, the value of the
property for purposes of chapter 11 of the Internal Revenue Code,
determined without regard to any special valuation under section 2032A
of the Internal Revenue Code, reduced by any amounts allowable as a
deduction in respect of such property under section 2053(a)(4) of the
Internal Revenue Code.
(g) "Qualified use" means the property is used as a farm for
farming purposes. In the case of real property which meets the
requirements of (f)(i)(C) of this subsection, residential buildings and
related improvements on the real property occupied on a regular basis
by the owner or lessee of the real property or by persons employed by
the owner or lessee for the purpose of operating or maintaining the
real property, and roads, buildings, and other structures and
improvements functionally related to the qualified use shall be treated
as real property devoted to the qualified use. For tangible personal
property eligible for a deduction under subsection (1)(b) of this
section, "qualified use" means the property is used primarily for
farming purposes on a farm.
(h) "Qualified woodland" means any real property which:
(i) Is used in timber operations; and
(ii) Is an identifiable area of land such as an acre or other area
for which records are normally maintained in conducting timber
operations.
(i) "Timber operations" means:
(i) The planting, cultivating, caring for, or cutting of trees; or
(ii) The preparation, other than milling, of trees for market.
Sec. 186 RCW 83.100.047 and 2005 c 516 s 13 are each amended to
read as follows:
(1)(a) If the federal taxable estate on the federal return is
determined by making an election under section 2056 or 2056A of the
Internal Revenue Code, or if no federal return is required to be filed,
the department may provide by rule for a separate election on the
Washington return, consistent with section 2056 or 2056A of the
Internal Revenue Code and (b) of this subsection, for the purpose of
determining the amount of tax due under this chapter. The election
shall be binding on the estate and the beneficiaries, consistent with
the Internal Revenue Code and (b) of this subsection. All other
elections or valuations on the Washington return shall be made in a
manner consistent with the federal return, if a federal return is
required, and such rules as the department may provide.
(b) The department shall provide by rule that a state registered
domestic partner is deemed to be a surviving spouse and entitled to a
deduction from the Washington taxable estate for any interest passing
from the decedent to his or her domestic partner, consistent with
section 2056 or 2056A of the Internal Revenue Code but regardless of
whether such interest would be deductible from the federal gross estate
under section 2056 or 2056A of the Internal Revenue Code.
(2) Amounts deducted for federal income tax purposes under section
642(g) of the Internal Revenue Code of 1986((,)) shall not be allowed
as deductions in computing the amount of tax due under this chapter.
NEW SECTION. Sec. 187 A new section is added to chapter 83.110A
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 188 A new section is added to chapter 84.04
RCW to read as follows:
For the purposes of this title, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
Sec. 189 RCW 84.04.050 and 1961 c 15 s 84.04.050 are each amended
to read as follows:
"Householder" shall be taken to mean and include every person,
married, in a state registered domestic partnership, or single, who
resides within the state of Washington being the owner or holder of an
estate or having a house or place of abode, either as owner or lessee.
NEW SECTION. Sec. 190 A new section is added to chapter 85.38
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 191 A new section is added to chapter 91.08
RCW to read as follows:
For the purposes of this chapter, the terms spouse, marriage,
marital, husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships
as well as to marital relationships and married persons, and references
to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement this act, gender-specific terms such as husband and wife used in any statute, rule, or
other law shall be construed to be gender neutral, and applicable to
individuals in state registered domestic partnerships.
NEW SECTION. Sec. 192 The following acts or parts of acts are
each repealed:
(1) RCW 26.60.050 (Termination -- Records -- Fees) and 2008 c 6 s 1002
& 2007 c 156 s 6; and
(2) RCW 26.60.055 (Termination) and 2008 c 6 s 1001.
NEW SECTION. Sec. 193 (1) Sections 3 through 6, 67, 73, 81, 83
through 99, 103, 167, 169, and 184 through 186 of this act take effect
January 1, 2012.
(2) Sections 160 and 161 of this act take effect August 1, 2009.