BILL REQ. #: S-4046.1
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 01/19/10.
AN ACT Relating to making technical corrections to gender-based terms; amending RCW 10.01.050, 10.01.060, 10.01.120, 10.01.140, 10.01.150, 10.01.180, 10.04.110, 10.10.060, 10.16.080, 10.16.110, 10.16.145, 10.16.150, 10.19.040, 10.19.060, 10.22.010, 10.22.020, 10.25.070, 10.27.060, 10.27.070, 10.27.080, 10.27.090, 10.27.100, 10.27.120, 10.27.130, 10.27.140, 10.27.150, 10.29.050, 10.29.110, 10.31.030, 10.31.040, 10.31.050, 10.31.060, 10.34.010, 10.34.020, 10.34.030, 10.37.040, 10.37.050, 10.40.050, 10.40.060, 10.40.140, 10.40.170, 10.43.040, 10.43.050, 10.46.060, 10.46.110, 10.46.200, 10.46.220, 10.52.060, 10.52.090, 10.55.020, 10.55.060, 10.55.100, 10.58.020, 10.58.030, 10.61.006, 10.64.060, 10.64.070, 10.70.010, 10.70.020, 10.73.040, 10.79.020, 10.79.040, 10.79.050, 10.82.030, 10.82.040, 10.88.210, 10.88.220, 10.88.230, 10.88.240, 10.88.260, 10.88.270, 10.88.290, 10.88.300, 10.88.310, 10.88.320, 10.88.330, 10.88.340, 10.88.350, 10.88.360, 10.88.370, 10.88.380, 10.88.390, 10.88.400, 10.88.410, 10.88.420, 10.88.430, 10.88.450, 10.89.020, 10.91.010, 10.91.020, 10.91.030, 10.91.050, 10.97.080, 10.97.110, 10.97.120, 11.04.015, 11.04.035, 11.04.041, 11.04.085, 11.04.250, 11.08.111, 11.08.180, 11.08.200, 11.08.230, 11.08.240, 11.12.030, 11.12.060, 11.12.170, 11.12.190, 11.20.010, 11.20.020, 11.28.110, 11.28.190, 11.28.230, 11.28.250, 11.28.290, 11.28.300, 11.28.330, 11.28.340, 11.32.010, 11.32.020, 11.32.030, 11.32.040, 11.32.060, 11.48.020, 11.48.025, 11.48.030, 11.48.040, 11.48.050, 11.48.060, 11.48.070, 11.48.080, 11.48.120, 11.48.140, 11.48.160, 11.48.180, 11.48.200, 11.48.210, 11.56.040, 11.56.045, 11.56.070, 11.56.100, 11.56.110, 11.56.180, 11.56.210, 11.56.230, 11.60.040, 11.60.060, 11.64.008, 11.64.030, 11.66.010, 11.68.070, 11.68.100, 11.68.120, 11.72.002, 11.76.010, 11.76.030, 11.76.040, 11.76.050, 11.76.060, 11.76.070, 11.76.100, 11.76.110, 11.76.150, 11.76.160, 11.76.170, 11.76.190, 11.76.210, 11.76.230, 11.76.240, 11.76.243, 11.76.245, 11.80.020, 11.80.030, 11.80.040, 11.80.060, 11.80.080, 11.80.090, 11.80.100, 11.80.110, 11.84.060, 11.84.900, 11.88.100, 11.88.150, 11.92.115, 11.98.070, 11.106.030, 11.110.100, 11.110.110, 11.110.120, 12.04.020, 12.04.030, 12.04.040, 12.04.060, 12.04.070, 12.04.080, 12.04.090, 12.04.110, 12.04.120, 12.04.160, 12.04.170, 12.04.180, 12.04.190, 12.04.201, 12.04.203, 12.04.206, 12.04.207, 12.08.040, 12.08.060, 12.08.070, 12.08.080, 12.08.090, 12.08.100, 12.08.120, 12.12.080, 12.12.090, 12.16.020, 12.16.030, 12.16.040, 12.16.050, 12.16.060, 12.16.080, 12.16.090, 12.20.010, 12.20.020, 12.20.040, 12.20.070, 12.40.025, 13.04.050, 13.04.180, 13.20.020, 13.20.030, 13.24.050, 14.08.290, 14.08.112, 14.12.030, 14.12.110, 14.12.140, 14.16.010, 14.16.030, 14.16.040, 14.20.030, 14.20.050, 14.20.070, 14.20.090, 14.20.100, 15.04.090, 15.04.110, 15.04.160, 15.08.010, 15.08.040, 15.08.080, 15.08.090, 15.08.100, 15.08.120, 15.08.140, 15.08.150, 15.08.160, 15.08.180, 15.08.190, 15.08.250, 15.09.040, 15.09.050, 15.09.080, 15.09.100, 15.24.120, 15.24.130, 15.24.150, 15.24.210, 15.26.030, 15.26.040, 15.26.050, 15.26.060, 15.26.080, 15.26.110, 15.26.170, 15.26.180, 15.26.190, 15.26.210, 15.26.230, 15.26.240, 15.28.030, 15.28.100, 15.28.150, 15.28.190, 15.28.210, 15.28.220, 15.28.230, 15.28.260, 15.28.280, 15.28.310, 15.30.010, 15.30.030, 15.30.070, 15.30.080, 15.37.010, 15.37.040, 15.37.060, 15.37.070, 15.37.120, 15.44.027, 15.44.050, 15.44.060, 15.44.090, 15.44.100, 15.49.101, 15.49.111, 15.49.380, 15.49.400, 15.58.100, 15.58.280, 15.64.010, 15.65.100, 15.65.110, 15.65.130, 15.65.160, 15.65.190, 15.65.210, 15.65.280, 15.65.290, 15.65.320, 15.65.330, 15.65.340, 15.65.390, 15.65.400, 15.65.410, 15.65.420, 15.65.440, 15.65.480, 15.65.490, 15.65.500, 15.65.520, 15.65.530, 15.65.540, 15.65.550, 15.65.590, 15.66.200, 15.66.210, 15.66.230, 15.66.240, 15.70.020, 15.70.030, 15.70.040, 15.76.170, 15.80.320, 15.80.460, 15.80.470, 15.80.480, 15.80.490, 15.80.500, 15.80.510, 15.80.550, 15.80.590, 15.80.610, 15.80.620, 15.80.630, 15.80.640, 15.88.070, 15.100.080, 43.21A.405, 43.21C.030, 44.39.060, 46.01.250, 46.09.080, 46.10.120, 46.10.220, 46.12.130, 46.12.240, 46.12.280, 46.12.300, 46.12.320, 46.16.025, 46.16.047, 46.16.210, 46.16.230, 46.16.260, 46.16.371, 46.16.505, 46.16.595, 46.20.017, 46.20.024, 46.20.220, 46.20.325, 46.20.327, 46.20.332, 46.20.333, 46.20.334, 46.20.349, 46.29.040, 46.29.050, 46.29.070, 46.29.080, 46.29.120, 46.29.140, 46.29.160, 46.29.170, 46.29.180, 46.29.190, 46.29.230, 46.29.290, 46.29.310, 46.29.360, 46.29.450, 46.29.470, 46.29.490, 46.29.510, 46.29.540, 46.29.550, 46.29.560, 46.29.570, 46.29.600, 46.32.010, 46.32.020, 46.37.380, 46.37.423, 46.37.424, 46.37.550, 46.37.560, 46.37.590, 46.44.047, 46.52.050, 46.52.070, 46.55.030, 46.55.085, 46.55.200, 46.55.240, 46.61.024, 46.61.035, 46.61.202, 46.61.255, 46.61.350, 46.61.385, 46.61.519, 46.61.600, 46.61.613, 46.61.614, 46.61.615, 46.61.765, 46.63.020, 46.65.020, 46.65.080, 46.65.100, 46.68.080, 46.70.075, 46.70.102, 46.70.111, 46.70.190, 46.70.220, 46.70.230, 46.70.250, 46.72.040, 46.72.060, 46.72.110, 46.76.010, 46.76.060, 46.79.030, 46.79.040, 46.79.060, 46.80.010, 46.80.030, 46.82.300, 46.85.020, 46.87.360, 46.96.150, 47.01.070, 47.10.150, 47.12.023, 47.12.160, 47.12.230, 47.12.283, 47.26.150, 47.26.4254, 47.28.080, 47.32.060, 47.32.070, 47.32.090, 47.36.110, 47.36.200, 47.41.040, 47.42.080, 47.42.103, 47.52.150, 47.52.170, 47.60.310, 47.64.130, 47.64.250, 47.68.330, 47.68.340, 48.08.090, 48.08.130, 48.18A.060, 48.30.120, 48.34.100, 48.56.110, 48.64.130, 49.08.010, 49.08.020, 49.08.050, 49.12.050, 49.17.020, 49.17.050, 49.17.060, 49.17.080, 49.17.090, 49.17.100, 49.17.110, 49.17.130, 49.17.160, 49.17.170, 49.17.180, 49.17.190, 49.17.200, 49.17.220, 49.17.240, 49.17.260, 49.24.020, 49.24.040, 49.24.180, 49.24.190, 49.24.230, 49.24.370, 49.26.010, 49.32.020, 49.32.030, 49.32.080, 49.32.110, 49.36.015, 49.40.040, 49.40.050, 49.40.060, 49.44.020, 49.44.030, 49.44.060, 49.44.080, 49.46.010, 49.46.040, 49.46.070, 49.46.090, 49.46.100, 49.46.130, 49.46.160, 49.48.010, 49.48.030, 49.48.050, 49.48.060, 49.48.090, 49.48.150, 49.52.010, 49.52.020, 49.52.050, 49.52.070, 49.52.090, 49.56.010, 49.56.020, 49.56.030, 49.64.030, 49.66.030, 49.66.050, 49.66.060, 49.66.080, 49.66.090, 49.66.100, 49.70.170, 50.01.010, 50.04.040, 50.04.230, 50.04.235, 50.04.290, 50.04.320, 50.04.330, 50.04.340, 50.04.350, 50.06.030, 50.08.010, 50.08.020, 50.12.010, 50.12.060, 50.12.080, 50.12.120, 50.12.150, 50.12.160, 50.12.170, 50.16.050, 50.20.020, 50.20.130, 50.20.150, 50.20.170, 50.20.180, 50.22.040, 50.24.040, 50.24.050, 50.24.080, 50.24.090, 50.24.100, 50.24.115, 50.24.140, 50.24.150, 50.29.080, 50.32.010, 50.32.080, 50.32.110, 50.32.150, 50.36.030, 50.40.020, 50.44.040, 50.44.060, 50.44.070, 50.72.060, 51.04.110, 51.12.080, 51.14.040, 51.14.050, 51.14.100, 51.16.150, 51.16.170, 51.32.025, 51.32.230, 51.44.120, 51.48.017, 51.48.250, 51.52.102, 51.52.106, 52.04.111, 52.12.031, 52.14.080, 53.08.091, 53.08.208, 53.08.390, 53.12.265, 53.18.030, 53.25.020, 53.25.150, 53.25.160, 53.34.020, 53.34.140, 53.36.010, 53.36.050, 53.36.060, 53.46.030, 53.46.080, 53.46.090, 53.47.030, 53.47.040, 53.49.020, 54.04.060, 54.04.120, 54.04.140, 54.08.010, 54.08.070, 54.12.100, 54.16.097, 54.16.150, 54.40.050, 58.08.035, 58.09.030, 58.09.040, 58.09.090, 58.17.210, 58.28.030, 58.28.070, 58.28.080, 58.28.090, 58.28.140, 58.28.220, 58.28.240, 58.28.280, 58.28.290, 58.28.300, 58.28.310, 58.28.350, 58.28.390, 58.28.410, 58.28.460, 58.28.470, 58.28.480, 58.28.500, 58.28.510, 59.04.040, 59.04.050, 59.08.030, 59.08.040, 59.08.070, 59.12.035, 59.12.040, 59.12.060, 59.12.080, 59.12.090, 59.12.100, 59.12.121, 59.12.140, 59.12.170, 59.12.190, 59.16.020, 59.16.030, 59.18.070, 59.18.080, 59.18.090, 59.18.100, 59.18.140, 59.18.190, 59.18.230, 59.18.240, 59.18.250, 59.18.280, 59.18.290, 59.18.300, 59.18.340, 59.18.350, 59.18.380, 59.18.410, 59.20.090, and 59.20.140; reenacting and amending RCW 15.35.240; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1001 RCW 10.01.050 and Code 1881 s 770 are each amended to
read as follows:
No person charged with any offense against the law shall be
punished for such offense, unless he or she shall have been duly and
legally convicted thereof in a court having competent jurisdiction of
the case and of the person.
Sec. 1002 RCW 10.01.060 and 1951 c 52 s 1 are each amended to
read as follows:
No person informed against or indicted for a crime shall be
convicted thereof, unless by admitting the truth of the charge in his
or her plea, by confession in open court, or by the verdict of a jury,
accepted and recorded by the court: PROVIDED HOWEVER, That except in
capital cases, where the person informed against or indicted for a
crime is represented by counsel, such person may, with the assent of
the court, waive trial by jury and submit to trial by the court.
Sec. 1003 RCW 10.01.120 and Code 1881 s 1136 are each amended to
read as follows:
Whenever a prisoner has been sentenced to death, the governor shall
have power to commute such sentence to imprisonment for life at hard
labor; and in all cases in which the governor is authorized to grant
pardons or commute sentence of death, he or she may, upon the petition
of the person convicted, commute a sentence or grant a pardon, upon
such conditions, and with such restrictions, and under such limitations
as he or she may think proper; and he or she may issue his or her
warrant to all proper officers to carry into effect such pardon or
commutation, which warrant shall be obeyed and executed, instead of the
sentence, if any, which was originally given. The governor may also,
on good cause shown, grant respites or reprieves from time to time as
he or she may think proper.
Sec. 1004 RCW 10.01.140 and 1895 c 10 s 2 are each amended to
read as follows:
No allowance of mileage shall be made to a juror or witness who has
not verified his or her claim of mileage under oath before the clerk of
the court on which he or she is in attendance.
Sec. 1005 RCW 10.01.150 and 1999 c 163 s 6 are each amended to
read as follows:
Whenever a state officer or employee is charged with a criminal
offense arising out of the performance of an official act which was
fully in conformity with established written rules, policies, and
guidelines of the state or state agency, the employing agency may
request the attorney general to defend the officer or employee. If the
agency finds, and the attorney general concurs, that the officer's or
employee's conduct was fully in accordance with established written
rules, policies, and guidelines of the state or a state agency and the
act performed was within the scope of employment, then the request
shall be granted and the costs of defense shall be paid by the
requesting agency: PROVIDED, HOWEVER, If the agency head is the person
charged, then approval must be obtained from both the attorney general
and the state auditor. If the court finds that the officer or employee
was performing an official act, or was within the scope of employment,
and that his or her actions were in conformity with the established
rules, regulations, policies, and guidelines of the state and the state
agency, the cost of any monetary fine assessed shall be paid from the
liability account.
Sec. 1006 RCW 10.01.180 and 1989 c 373 s 13 are each amended to
read as follows:
(1) A defendant sentenced to pay a fine or costs who defaults in
the payment thereof or of any installment is in contempt of court as
provided in chapter 7.21 RCW. The court may issue a warrant of arrest
for his or her appearance.
(2) When a fine or assessment of costs is imposed on a corporation
or unincorporated association, it is the duty of the person authorized
to make disbursement from the assets of the corporation or association
to pay the fine or costs from those assets, and his or her failure to
do so may be held to be contempt.
(3) If a term of imprisonment for contempt for nonpayment of a fine
or costs is ordered, the term of imprisonment shall be set forth in the
commitment order, and shall not exceed one day for each twenty-five
dollars of the fine or costs, thirty days if the fine or assessment of
costs was imposed upon conviction of a violation or misdemeanor, or one
year in any other case, whichever is the shorter period. A person
committed for nonpayment of a fine or costs shall be given credit
toward payment for each day of imprisonment at the rate specified in
the commitment order.
(4) If it appears to the satisfaction of the court that the default
in the payment of a fine or costs is not contempt, the court may enter
an order allowing the defendant additional time for payment, reducing
the amount thereof or of each installment or revoking the fine or costs
or the unpaid portion thereof in whole or in part.
(5) A default in the payment of a fine or costs or any installment
thereof may be collected by any means authorized by law for the
enforcement of a judgment. The levy of execution for the collection of
a fine or costs shall not discharge a defendant committed to
imprisonment for contempt until the amount of the fine or costs has
actually been collected.
Sec. 1007 RCW 10.04.110 and 1987 c 202 s 153 are each amended to
read as follows:
In all cases of conviction, unless otherwise provided in this
chapter, the judge shall enter judgment for the fine and costs against
the defendant, and may commit him or her to jail until the amount of
such fine and costs owing are paid, or the payment thereof be secured
as provided by RCW 10.04.120. The amount of such fine and costs owing
shall be computed as provided for superior court cases in RCW 10.82.030
and 10.82.040. Further proceedings therein shall be had as in like
cases in the superior court: PROVIDED, That all fees, fines,
forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as provided
in chapter 3.62 RCW as now exists or is later amended.
Sec. 1008 RCW 10.10.060 and 1891 c 29 s 7 are each amended to
read as follows:
The appellant in a criminal action shall not be required to advance
any fees in claiming his or her appeal nor in prosecuting the same; but
if convicted in the appellate court, or if sentenced for failing to
prosecute his or her appeal, he or she may be required as a part of the
sentence to pay the costs of the prosecution. If the appellant shall
fail to enter and prosecute his or her appeal he or she shall be
defaulted of his or her recognizance, if any was taken, and the
superior court may award sentence against him or her for the offense
whereof he or she was convicted in like manner as if he or she had been
convicted thereof in that court; and if he or she be not then in
custody process may be issued to bring him or her into court to receive
sentence.
Sec. 1009 RCW 10.16.080 and Code 1881 s 1925 are each amended to
read as follows:
If it should appear upon the whole examination that no offense has
been committed, or that there is not probable cause for charging the
defendant with an offense, he or she shall be discharged, and if in the
opinion of the magistrate, the complaint was malicious, or without
probable cause, and there was no reasonable ground therefor, the costs
shall be taxed against the party making the complaint.
Sec. 1010 RCW 10.16.110 and 1890 p 102 s 6 are each amended to
read as follows:
It shall be the duty of the prosecuting attorney of the proper
county to inquire into and make full examination of all the facts and
circumstances connected with any case of preliminary examination, as
provided by law, touching the commission of any offense wherein the
offender shall be committed to jail, or become recognized or held to
bail; and if the prosecuting attorney shall determine in any such case
that an information ought not to be filed, he or she shall make,
subscribe, and file with the clerk of the court a statement in writing
containing his or her reasons, in fact and in law, for not filing an
information in such case, and such statement shall be filed at and
during the session of court at which the offender shall be held for his
or her appearance: PROVIDED, That in such case such court may examine
such statement, together with the evidence filed in the case, and if
upon such examination the court shall not be satisfied with such
statement, the prosecuting attorney shall be directed by the court to
file the proper information and bring the case to trial.
Sec. 1011 RCW 10.16.145 and Code 1881 s 1930 are each amended to
read as follows:
If the magistrate shall be satisfied that there is good cause to
believe that any such witness will not perform the condition of his or
her recognizance unless other security be given, such magistrate may
order the witness to enter into recognizance with such sureties as may
be deemed necessary for his or her appearance at court.
Sec. 1012 RCW 10.16.150 and 1973 1st ex.s. c 154 s 19 are each
amended to read as follows:
When any minor is a material witness, any other person may be
allowed to recognize for the appearance of such witness, or the
magistrate may, in his or her discretion, take the recognizance of such
minor in a sum not exceeding fifty dollars which shall be valid and
binding in law, notwithstanding the disability of minority.
Sec. 1013 RCW 10.19.040 and Code 1881 s 1034 are each amended to
read as follows:
Any officer authorized to execute a warrant in a criminal action,
may take the recognizance and justify and approve the bail; he or she
may administer an oath and examine the bail as to its sufficiency.
Sec. 1014 RCW 10.19.060 and Code 1881 s 1035 are each amended to
read as follows:
Every recognizance taken by any peace officer must be certified by
him or her forthwith to the clerk of the court to which the defendant
is recognized. The clerk must thereupon record the recognizance in the
order book, and, from the time of filing, it has the same effect as if
taken in open court.
Sec. 1015 RCW 10.22.010 and 2008 c 276 s 308 are each amended to
read as follows:
When a defendant is prosecuted in a criminal action for a
misdemeanor, other than a violation of RCW 9A.48.105, for which the
person injured by the act constituting the offense has a remedy by a
civil action, the offense may be compromised as provided in RCW
10.22.020, except when it was committed:
(1) By or upon an officer while in the execution of the duties of
his or her office;
(2) Riotously;
(3) With an intent to commit a felony; or
(4) By one family or household member against another as defined in
RCW 10.99.020 and was a crime of domestic violence as defined in RCW
10.99.020.
Sec. 1016 RCW 10.22.020 and 1891 c 28 s 63 are each amended to
read as follows:
In such case, if the party injured appear in the court in which the
cause is pending at any time before the final judgment therein, and
acknowledge, in writing, that he or she has received satisfaction for
the injury, the court may, in its discretion, on payment of the costs
incurred, order all proceedings to be discontinued and the defendant to
be discharged. The reasons for making the order must be set forth
therein and entered in the minutes. Such order is a bar to another
prosecution for the same offense.
Sec. 1017 RCW 10.25.070 and 1891 c 28 s 7 are each amended to
read as follows:
The defendant may show to the court, by affidavit, that he or she
believes he or she cannot receive a fair trial in the county where the
action is pending, owing to the prejudice of the judge, or to
excitement or prejudice against the defendant in the county or some
part thereof, and may thereupon demand to be tried in another county.
The application shall not be granted on the ground of excitement or
prejudice other than prejudice of the judge, unless the affidavit of
the defendant be supported by other evidence, nor in any case unless
the judge is satisfied the ground upon which the application is made
does exist.
Sec. 1018 RCW 10.27.060 and 1971 ex.s. c 67 s 6 are each amended
to read as follows:
Neither the grand jury panel nor any individual grand juror may be
challenged, but the court may:
(1) At any time before a grand jury is sworn discharge the panel
and summon another if it finds that the original panel does not
substantially conform to the requirements of chapter 2.36 RCW; or
(2) At any time after a grand juror is drawn, refuse to swear him
or her, or discharge him or her after he or she has been sworn, upon a
finding that he or she is disqualified from service pursuant to chapter
2.36 RCW, or incapable of performing his or her duties because of bias
or prejudice, or guilty of misconduct in the performance of his or her
duties such as to impair the proper functioning of the grand jury.
Sec. 1019 RCW 10.27.070 and 1971 ex.s. c 67 s 7 are each amended
to read as follows:
(1) When the grand jury is impaneled, the court shall appoint one
of the jurors to be ((foreman)) foreperson, and also another of the
jurors to act as ((foreman)) foreperson in case of the absence of the
((foreman)) foreperson.
(2) The grand jurors must be sworn pursuant to the following oath:
"You, as grand jurors for the county of . . . . . ., do solemnly swear
(or affirm) that you will diligently inquire into and true presentment
make of all such matters and things as shall come to your knowledge and
you will submit things truly as they come to your knowledge, according
to your charge the laws of this state and your understanding; you shall
indict no person through envy, hatred, malice or political
consideration; neither will you leave any person unindicted through
fear, favor, affection, reward or the hope thereof or political
consideration. The counsel of the state, his or her advice, and that
of your fellows you shall keep secret."
(3) After a grand jury has been sworn, the court must deliver or
cause to be delivered to each grand juror a printed copy of all the
provisions of this chapter, and the court may give the grand jurors any
oral or written instructions, or both, relating to the proper
performance of their duties at any time it deems necessary or
appropriate.
(4) The court shall appoint a reporter to record the proceedings
before the grand jury or special inquiry judge, and shall swear him or
her not to disclose any testimony or the name of any witness except as
provided in RCW 10.27.090. In addition, the ((foreman)) foreperson of
the grand jury may, in his or her discretion, select one of the grand
jurors to act as secretary to keep records of the grand jury's
business.
(5) The court, whenever necessary, shall appoint an interpreter,
and shall swear him or her not to disclose any testimony or the name of
any witness except as provided in RCW 10.27.090.
(6) When a person held in official custody is a witness before a
grand jury or special inquiry judge, a public servant, assigned to
guard him or her during his or her appearance may accompany him or her.
The court shall swear such public servant not to disclose any testimony
or the name of any witness except as provided in RCW 10.27.090.
(7) Proceedings of a grand jury shall not be valid unless at least
twelve of its members are present. The ((foreman)) foreperson or
acting ((foreman)) foreperson of the grand jury shall conduct
proceedings in an orderly manner and shall administer an oath or
affirmation in the manner prescribed by law to any witness who shall
testify before the grand jury.
(8) The legal advisers of a grand jury are the court and public
attorneys, and a grand jury may not seek or receive legal advice from
any other source. When necessary or appropriate, the court or public
attorneys or both must instruct the grand jury concerning the law with
respect to its duties or any matter before it, and such instructions
shall be recorded by the reporter.
(9)(a) Upon request of the prosecuting attorney of the county in
which a grand jury or special inquiry judge is impaneled, the attorney
general shall assist such prosecuting attorney in attending such grand
jury or special inquiry judge.
(b) Whenever directed by the court, the attorney general shall
supersede the prosecuting attorney in attending the grand jury and in
which event the attorney general shall be responsible for the
prosecution of any indictment returned by the grand jury.
(c) When the attorney general is conducting a criminal
investigation pursuant to powers otherwise granted to him or her, he or
she shall attend all grand juries or special inquiry judges in relation
thereto and shall prosecute any indictments returned by a grand jury.
(10) After consulting with the court and receiving its approval,
the grand jury may request the governor to appoint a special prosecutor
to attend the grand jury. The grand jury shall in the request nominate
three persons approved by the court. From those nominated, the
governor shall appoint a special prosecutor, who shall supersede the
prosecuting attorney and the attorney general and who shall be
responsible for the prosecution of any indictments returned by the
grand jury attended by him or her.
(11) A public attorney shall attend the grand jurors when requested
by them, and he or she may do so on his or her own motion within the
limitations of RCW 10.27.020(2), 10.27.070(9) and 10.27.070(10) hereof,
for the purpose of examining witnesses in their presence, or of giving
the grand jurors legal advice regarding any matter cognizable by them.
He or she shall also, when requested by them, draft indictments and
issue process for the attendance of witnesses.
(12) Subject to the approval of the court, the corporation counsel
or city attorney for any city or town in the county where any grand
jury has been convened may appear as a witness before the grand jury to
advise the grand jury of any criminal activity or corruption within his
or her jurisdiction.
Sec. 1020 RCW 10.27.080 and 1971 ex.s. c 67 s 8 are each amended
to read as follows:
No person shall be present at sessions of the grand jury or special
inquiry judge except the witness under examination and his or her
attorney, public attorneys, the reporter, an interpreter, a public
servant guarding a witness who has been held in custody, if any, and,
for the purposes provided for in RCW 10.27.170, any corporation counsel
or city attorney. The attorney advising the witness shall only advise
such witness concerning his or her right to answer or not answer any
questions and the form of his or her answer and shall not otherwise
engage in the proceedings. No person other than grand jurors shall be
present while the grand jurors are deliberating or voting. Any person
violating either of the above provisions may be held in contempt of
court.
Sec. 1021 RCW 10.27.090 and 1971 ex.s. c 67 s 9 are each amended
to read as follows:
(1) Every member of the grand jury shall keep secret whatever he,
she, or any other grand juror has said, and how he, she, or any other
grand juror has voted, except for disclosure of indictments, if any, as
provided in RCW 10.27.150.
(2) No grand juror shall be permitted to state or testify in any
court how he, she, or any other grand juror voted on any question
before them or what opinion was expressed by himself, herself, or any
other grand juror regarding such question.
(3) No grand juror, public or private attorney, city attorney or
corporation counsel, reporter, interpreter or public servant who held
a witness in custody before a grand jury or special inquiry judge, or
witness, principal or other person shall disclose the testimony of a
witness examined before the grand jury or special inquiry judge or
other evidence received by it, except when required by the court to
disclose the testimony of the witness examined before the grand jury or
special inquiry judge for the purpose of ascertaining whether it is
consistent with that of the witness given before the court, or to
disclose his or her testimony given before the grand jury or special
inquiry judge by any person upon a charge against such person for
perjury in giving his or her testimony or upon trial therefor, or when
permitted by the court in furtherance of justice.
(4) The public attorney shall have access to all grand jury and
special inquiry judge evidence and may introduce such evidence before
any other grand jury or any trial in which the same may be relevant.
(5) The court upon a showing of good cause may make any or all
grand jury or special inquiry judge evidence available to any other
public attorney, prosecuting attorney, city attorney or corporation
counsel upon proper application and with the concurrence of the public
attorney attending such grand jury. Any witness' testimony, given
before a grand jury or a special inquiry judge and relevant to any
subsequent proceeding against the witness, shall be made available to
the witness upon proper application to the court. The court may also,
upon proper application and upon a showing of good cause, make
available to a defendant in a subsequent criminal proceeding other
testimony or evidence:
(a) When given or presented before a special inquiry judge, if
doing so is in the furtherance of justice; or
(b) When given or presented before a grand jury, if the court finds
that doing so is necessary to prevent an injustice and that there is no
reason to believe that doing so would endanger the life or safety of
any witness or his or her family. The cost of any such transcript made
available shall be borne by the applicant.
Sec. 1022 RCW 10.27.100 and 1971 ex.s. c 67 s 10 are each amended
to read as follows:
The grand jurors shall inquire into every offense triable within
the county for which any person has been held to answer, if an
indictment has not been found or an information filed in such case, and
all other indictable offenses within the county which are presented to
them by a public attorney or otherwise come to their knowledge. If a
grand juror knows or has reason to believe that an indictable offense,
triable within the county, has been committed, he or she shall declare
such a fact to his or her fellow jurors who may begin an investigation.
In such investigation the grand juror may be sworn as a witness.
Sec. 1023 RCW 10.27.120 and 1971 ex.s. c 67 s 12 are each amended
to read as follows:
Any individual called to testify before a grand jury or special
inquiry judge, whether as a witness or principal, if not represented by
an attorney appearing with the witness before the grand jury or special
inquiry judge, must be told of his or her privilege against self-incrimination. Such an individual has a right to representation by an
attorney to advise him or her as to his or her rights, obligations, and
duties before the grand jury or special inquiry judge, and must be
informed of this right. The attorney may be present during all
proceedings attended by his or her client unless immunity has been
granted pursuant to RCW 10.27.130. After immunity has been granted,
such an individual may leave the grand jury room to confer with his or
her attorney.
Sec. 1024 RCW 10.27.130 and 1971 ex.s. c 67 s 13 are each amended
to read as follows:
If in any proceedings before a grand jury or special inquiry judge,
a person refuses, or indicates in advance a refusal, to testify or
provide evidence of any other kind on the ground that he or she may be
incriminated thereby, and if a public attorney requests the court to
order that person to testify or provide the evidence, the court shall
then hold a hearing and shall so order unless it finds that to do so
would be clearly contrary to the public interest, and that person shall
comply with the order. The hearing shall be subject to the provisions
of RCW 10.27.080 and 10.27.090, unless the witness shall request that
the hearing be public.
If, but for this section, he or she would have been privileged to
withhold the answer given or the evidence produced by him or her, the
witness may not refuse to comply with the order on the basis of his or
her privilege against self-incrimination; but he or she shall not be
prosecuted or subjected to criminal penalty or forfeiture for or on
account of any transaction, matter, or fact concerning which he or she
has been ordered to testify pursuant to this section. He or she may
nevertheless be prosecuted for failing to comply with the order to
answer, or for perjury or for offering false evidence to the grand
jury.
Sec. 1025 RCW 10.27.140 and 1971 ex.s. c 67 s 14 are each amended
to read as follows:
(1) Except as provided in this section, no person has the right to
appear as a witness in a grand jury or special inquiry judge
proceeding.
(2) A public attorney may call as a witness in a grand jury or
special inquiry judge proceeding any person believed by him or her to
possess information or knowledge relevant thereto and may issue legal
process and subpoena to compel his or her attendance and the production
of evidence.
(3) The grand jury or special inquiry judge may cause to be called
as a witness any person believed by it to possess relevant information
or knowledge. If the grand jury or special inquiry judge desires to
hear any such witness who was not called by a public attorney, it may
direct a public attorney to issue and serve a subpoena upon such
witness and the public attorney must comply with such direction. At
any time after service of such subpoena and before the return date
thereof, however, the public attorney may apply to the court which
impaneled the grand jury for an order vacating or modifying the
subpoena on the grounds that such is in the public interest. Upon such
application, the court may in its discretion vacate the subpoena,
extend its return date, attach reasonable conditions to directions, or
make such other qualification thereof as is appropriate.
(4) The proceedings to summon a person and compel him or her to
testify or provide evidence shall as far as possible be the same as
proceedings to summon witnesses and compel their attendance. Such
persons shall receive only those fees paid witnesses in superior court
criminal trials.
Sec. 1026 RCW 10.27.150 and 1971 ex.s. c 67 s 15 are each amended
to read as follows:
After hearing, examining, and investigating the evidence before it,
a grand jury may, in its discretion, issue an indictment against a
principal. A grand jury shall find an indictment only when from all
the evidence at least three-fourths of the jurors are convinced that
there is probable cause to believe a principal is guilty of a criminal
offense. When an indictment is found by a grand jury the ((foreman))
foreperson or acting ((foreman)) foreperson shall present it to the
court.
Sec. 1027 RCW 10.29.050 and 1980 c 146 s 5 are each amended to
read as follows:
A statewide special inquiry judge shall have the following powers
and duties:
(1) To hear and receive evidence of crime and corruption.
(2) To appoint a reporter to record the proceedings; and to swear
the reporter not to disclose any testimony or the name of any witness
except as provided in RCW 10.27.090.
(3) Whenever necessary, to appoint an interpreter, and to swear him
or her not to disclose any testimony or the name of any witness except
as provided in RCW 10.27.090.
(4) When a person held in official custody is a witness before a
statewide special inquiry judge, a public servant, assigned to guard
him or her during his or her appearance may accompany him or her. The
statewide special inquiry judge shall swear such public servant not to
disclose any testimony or the name of any witness except as provided in
RCW 10.27.090.
(5) To cause to be called as a witness any person believed by him
or her to possess relevant information or knowledge. If the statewide
special inquiry judge desires to hear any such witness who was not
called by the special prosecutor, it may direct the special prosecutor
to issue and serve a subpoena upon such witness and the special
prosecutor must comply with such direction. At any time after service
of such subpoena and before the return date thereof, however, the
special prosecutor may apply to the statewide special inquiry judge for
an order vacating or modifying the subpoena on the grounds that such is
in the public interest. Upon such application, the statewide special
inquiry judge may in its discretion vacate the subpoena, extend its
return date, attach reasonable conditions to directions, or make such
other qualification thereof as is appropriate.
(6) Upon a showing of good cause may make available any or all
evidence obtained to any other public attorney, prosecuting attorney,
city attorney, or corporation counsel upon proper application and with
the concurrence of the special prosecutor. Any witness' testimony,
given before a statewide special inquiry judge and relevant to any
subsequent proceeding against the witness, shall be made available to
the witness upon proper application to the statewide special inquiry
judge. The statewide special inquiry judge may also, upon proper
application and upon a showing of good cause, make available to a
defendant in a subsequent criminal proceeding other testimony or
evidence when given or presented before a special inquiry judge, if
doing so is in the furtherance of justice.
(7) Have authority to perform such other duties as may be required
to effectively implement this chapter, in accord with rules adopted by
the supreme court relating to these proceedings.
(8) Have authority to hold in contempt of court any person who
shall disclose the name or testimony of a witness examined before a
statewide special inquiry judge except when required by a court to
disclose the testimony given before such statewide special inquiry
judge in a subsequent criminal proceeding.
Sec. 1028 RCW 10.29.110 and 1980 c 146 s 11 are each amended to
read as follows:
The special prosecutor or his or her designee shall:
(1) Attend all proceedings of the statewide special inquiry judge;
(2) Have the authority to issue subpoenas for witnesses statewide;
(3) Examine witnesses, present evidence, draft reports as directed
by the statewide special inquiry judge, and draft and file informations
under RCW 10.29.120.
Sec. 1029 RCW 10.31.030 and 1970 ex.s. c 49 s 3 are each amended
to read as follows:
The officer making an arrest must inform the defendant that he or
she acts under authority of a warrant, and must also show the warrant:
PROVIDED, That if the officer does not have the warrant in his or her
possession at the time of arrest he or she shall declare that the
warrant does presently exist and will be shown to the defendant as soon
as possible on arrival at the place of intended confinement: PROVIDED,
FURTHER, That any officer making an arrest under this section shall, if
the person arrested wishes to deposit bail, take such person directly
and without delay before a judge or before an officer authorized to
take the recognizance and justify and approve the bail, including the
deposit of a sum of money equal to bail. Bail shall be the amount
fixed by the warrant. Such judge or authorized officer shall hold bail
for the legal authority within this state which issued such warrant if
other than such arresting authority.
Sec. 1030 RCW 10.31.040 and Code 1881 s 1170 are each amended to
read as follows:
To make an arrest in criminal actions, the officer may break open
any outer or inner door, or windows of a dwelling house or other
building, or any other inclosure, if, after notice of his or her office
and purpose, he or she be refused admittance.
Sec. 1031 RCW 10.31.050 and Code 1881 s 1031 are each amended to
read as follows:
If after notice of the intention to arrest the defendant, he or she
either flee or forcibly resist, the officer may use all necessary means
to effect the arrest.
Sec. 1032 RCW 10.31.060 and 1971 c 81 s 48 are each amended to
read as follows:
Whenever any person or persons shall have been indicted or accused
on oath of any public offense, or thereof convicted, and a warrant of
arrest shall have been issued, the magistrate issuing such warrant, or
any justice of the supreme court, or any judge of either the court of
appeals or superior court may indorse thereon an order signed by him or
her and authorizing the service thereof by telegraph or teletype, and
thereupon such warrant and order may be sent by telegraph or teletype
to any marshal, sheriff, constable or ((policeman)) police officer, and
on the receipt of the telegraphic or teletype copy thereof by any such
officer, he or she shall have the same authority and be under the same
obligations to arrest, take into custody and detain the said person or
persons, as if the said original warrant of arrest, with the proper
direction for the service thereof, duly indorsed thereon, had been
placed in his or her hands, and the said telegraphic or teletype copy
shall be entitled to full faith and credit, and have the same force and
effect in all courts and places as the original; but prior to
indictment and conviction, no such order shall be made by any officer,
unless in his or her judgment there is probable cause to believe the
said accused person or persons guilty of the offense charged:
PROVIDED, That the making of such order by any officer aforesaid, shall
be prima facie evidence of the regularity thereof, and of all the
proceedings prior thereto. The original warrant and order, or a copy
thereof, certified by the officer making the order, shall be preserved
in the telegraph office or police agency from which the same is sent,
and in telegraphing or teletyping the same, the original or the said
certified copy may be used.
Sec. 1033 RCW 10.34.010 and Code 1881 s 1922 are each amended to
read as follows:
If any person against whom a warrant may be issued for an alleged
offense, committed in any county, shall either before or after the
issuing of such warrant, escape from, or be out of the county, the
sheriff or other officer to whom such warrant may be directed, may
pursue and apprehend the party charged, in any county in this state,
and for that purpose may command aid, and exercise the same authority
as in his or her own county.
Sec. 1034 RCW 10.34.020 and Code 1881 s 1032 are each amended to
read as follows:
If a person arrested escape or be rescued, the person from whose
custody he or she made his or her escape, or was rescued, may
immediately pursue and retake him or her at any time, and within any
place in the state. To retake the person escaping or rescued, the
person pursuing has the same power to command assistance as given in
cases of arrest.
Sec. 1035 RCW 10.34.030 and 1993 c 442 s 1 are each amended to
read as follows:
The governor may appoint agents to make a demand upon the executive
authority of any state or territory for the surrender of any fugitive
from justice, or any other person charged with a felony or any other
crime in this state. Whenever an application shall be made to the
governor for the appointment of an agent he or she may require the
official submitting the same to provide whatever information is
necessary prior to approval of the application.
Sec. 1036 RCW 10.37.040 and 1891 c 28 s 21 are each amended to
read as follows:
The indictment may be substantially in the following form:
Sec. 1037 RCW 10.37.050 and 2000 c 92 s 3 are each amended to
read as follows:
The indictment or information is sufficient if it can be understood
therefrom --
(1) That it is entitled in a court having authority to receive it;
(2) That it was found by a grand jury or prosecuting attorney of
the county in which the court was held;
(3) That the defendant is named, or if his or her name cannot be
discovered, that he or she is described by a fictitious name or by
reference to a unique genetic sequence of deoxyribonucleic acid, with
the statement that his or her real name is unknown;
(4) That the crime was committed within the jurisdiction of the
court, except where, as provided by law, the act, though done without
the county in which the court is held, is triable therein;
(5) That the crime was committed at some time previous to the
finding of the indictment or filing of the information, and within the
time limited by law for the commencement of an action therefor;
(6) That the act or omission charged as the crime is clearly and
distinctly set forth in ordinary and concise language, without
repetition, and in such a manner as to enable a person of common
understanding to know what is intended;
(7) The act or omission charged as the crime is stated with such a
degree of certainty as to enable the court to pronounce judgment upon
a conviction according to the right of the case.
Sec. 1038 RCW 10.40.050 and 1891 c 28 s 49 are each amended to
read as follows:
If he or she alleges that another name is his or her true name it
must be entered in the minutes of the court, and the subsequent
proceedings on the indictment or information may be had against him or
her by that name, referring also to the name by which he or she is
indicted or informed against.
Sec. 1039 RCW 10.40.060 and 1891 c 28 s 50 are each amended to
read as follows:
In answer to the arraignment, the defendant may move to set aside
the indictment or information, or he or she may demur or plead to it,
and is entitled to one day after arraignment in which to answer thereto
if he or she demands it.
Sec. 1040 RCW 10.40.140 and Code 1881 s 1053 are each amended to
read as follows:
If the demurrer is overruled the defendant has a right to put in a
plea. If he or she fails to do so, judgment may be rendered against
him or her on the demurrer, and, if necessary, a jury may be impaneled
to inquire and ascertain the degree of the offense.
Sec. 1041 RCW 10.40.170 and Code 1881 s 1056 are each amended to
read as follows:
The plea of guilty can only be put in by the defendant himself or
herself in open court.
Sec. 1042 RCW 10.43.040 and 1999 c 141 s 1 are each amended to
read as follows:
Whenever, upon the trial of any person for a crime, it appears that
the offense was committed in another state or country, under such
circumstances that the courts of this state had jurisdiction thereof,
and that the defendant has already been acquitted or convicted upon the
merits, in a judicial proceeding conducted under the criminal laws of
such state or country, founded upon the act or omission with respect to
which he or she is upon trial, such former acquittal or conviction is
a sufficient defense. Nothing in this section affects or prevents a
prosecution in a court of this state of any person who has received
administrative or nonjudicial punishment, civilian or military, in
another state or country based upon the same act or omission.
Sec. 1043 RCW 10.43.050 and 1909 c 249 s 64 are each amended to
read as follows:
No order of dismissal or directed verdict of not guilty on the
ground of a variance between the indictment or information and the
proof, or on the ground of any defect in such indictment or
information, shall bar another prosecution for the same offense.
Whenever a defendant shall be acquitted or convicted upon an indictment
or information charging a crime consisting of different degrees, he or
she cannot be proceeded against or tried for the same crime in another
degree, nor for an attempt to commit such crime, or any degree thereof.
Sec. 1044 RCW 10.46.060 and 1891 c 28 s 23 are each amended to
read as follows:
When a defendant is designated in the indictment or information by
a fictitious or erroneous name, and in any stage of the proceedings his
or her true name is discovered, it may be inserted in the subsequent
proceedings, referring to the fact of his or her being indicted or
informed against by the name mentioned in the indictment or
information.
Sec. 1045 RCW 10.46.110 and Code 1881 s 1092 are each amended to
read as follows:
When two or more persons are included in one prosecution, the court
may, at any time before the defendant has gone into his or her defense,
direct any defendant to be discharged, that he or she may be a witness
for the state. A defendant may also, when there is not sufficient
evidence to put him or her on his or her defense, at any time before
the evidence is closed, be discharged by the court, for the purpose of
giving evidence for a codefendant. The order of discharge is a bar to
another prosecution for the same offense.
Sec. 1046 RCW 10.46.200 and Code 1881 s 1168 are each amended to
read as follows:
No prisoner or person under recognizance who shall be acquitted by
verdict or discharged because no indictment is found against him or
her, or for want of prosecution, shall be liable for any costs or fees
of any officer or for any charge of subsistence while he or she was in
custody, but in every such case the fees of the defendant's witnesses,
and of the officers for services rendered at the request of the
defendant; and charges for subsistence of the defendant while in
custody shall be taxed and paid as other costs and charges in such
cases.
Sec. 1047 RCW 10.46.220 and 1979 c 129 s 1 are each amended to
read as follows:
In all convictions for felony, whether capital or punishable by
imprisonment in the penitentiary, the clerk of the superior court shall
forthwith, after sentence, tax the costs in the case. The cost bill
shall be made out in triplicate, and be examined by the prosecuting
attorney of the county in which the trial was had. After which the
judge of the superior court shall allow and approve such bill or so
much thereof, as is allowable by law. The clerk of the superior court
shall thereupon, under his or her hand, and under the seal of the
court, certify said triplicate cost bills, and shall file one with the
papers of cause, and shall transmit one to the administrator for the
courts and one to the county auditor of the county in which said felony
was committed.
Sec. 1048 RCW 10.52.060 and 1909 c 249 s 54 are each amended to
read as follows:
Every person accused of crime shall have the right to meet the
witnesses produced against him or her face to face: PROVIDED, That
whenever any witness whose deposition shall have been taken pursuant to
law by a magistrate, in the presence of the defendant and his or her
counsel, shall be absent, and cannot be found when required to testify
upon any trial or hearing, so much of such deposition as the court
shall deem admissible and competent shall be admitted and read as
evidence in such case.
Sec. 1049 RCW 10.52.090 and 1909 c 249 s 39 are each amended to
read as follows:
In every case where it is provided in this act that a witness shall
not be excused from giving testimony tending to criminate himself or
herself, no person shall be excused from testifying or producing any
papers or documents on the ground that his or her testimony may tend to
criminate or subject him or her to a penalty or forfeiture; but he or
she shall not be prosecuted or subjected to a penalty or forfeiture for
or on account of any action, matter or thing concerning which he or she
shall so testify, except for perjury or offering false evidence
committed in such testimony.
Sec. 1050 RCW 10.55.020 and 1943 c 218 s 2 are each amended to
read as follows:
If a judge of a court of record in any state which by its laws has
made provision for commanding persons within that state to attend and
testify in this state certified under the seal of such court that there
is a criminal prosecution pending in such court, or that a grand jury
investigation has commenced or is about to commence, that a person
being within this state is a material witness in such prosecution, or
grand jury investigation, and that his or her presence will be required
for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person
is, such judge shall fix a time and place for a hearing, and shall make
an order directing the witness to appear at a time and place certain
for the hearing.
If at a hearing the judge determines that the witness is material
and necessary, that it will not cause undue hardship to the witness to
be compelled to attend and testify in the prosecution or a grand jury
investigation in the other state, and that the laws of the state in
which the prosecution is pending, or grand jury investigation has
commenced or is about to commence, will give to him or her protection
from arrest and the service of civil and criminal process, he or she
shall issue a summons, with a copy of the certificate attached,
directing the witness to attend and testify in the court where the
prosecution is pending, or where a grand jury investigation has
commenced or is about to commence and of any other state through which
the witness may be required to travel by ordinary course of travel, at
a time and place specified in the certificate. In any such hearing the
certificate shall be prima facie evidence of all the facts stated
therein.
If said certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure his or her attendance in the requesting state, such judge
may, in lieu of notification of the hearing, direct that such witness
be forthwith brought before him or her for said hearing; and the judge
at the hearing being satisfied of the desirability of such custody and
delivery, for which determination the certificate shall be prima facie
proof of such desirability may, in lieu of issuing subpoena or summons,
order that said witness be forthwith taken into custody and delivered
to an officer of the requesting state.
If the witness, who is summoned as above provided, after being paid
or tendered by some properly authorized person the sum of ten cents a
mile for each mile by the ordinary traveled route to and from the court
where the prosecution is pending and five dollars for each day, that he
or she is required to travel and attend as a witness, fails without
good cause to attend and testify as directed in the summons, he or she
shall be punished in the manner provided for the punishment of any
witness who disobeys a summons issued from a court of record in this
state.
Sec. 1051 RCW 10.55.060 and 1943 c 218 s 3 are each amended to
read as follows:
If any person in any state, which by its laws has made provision
for commanding persons within its borders to attend and testify in
criminal prosecutions, or grand jury investigations commenced or about
to commence, in this state, is a material witness either for the
prosecution or for the defense, in a criminal action pending in a court
of record in this state, or in a grand jury investigation which has
commenced or is about to commence, a judge of such court may issue a
certificate under the seal of the court stating these facts and
specifying the number of days the witness will be required. Said
certificate may include a recommendation that the witness be taken into
immediate custody and delivered to an officer of this state to assure
his or her attendance in this state. This certificate shall be
presented to a judge of a court of record in the county in which the
witness is found.
If the witness is summoned to attend and testify in this state he
or she shall be tendered the sum of ten cents a mile for each mile by
the ordinary traveled route to and from the court where the prosecution
is pending and five dollars for each day that he or she is required to
travel and attend as a witness. A witness who has appeared in
accordance with the provisions of the summons shall not be required to
remain within this state a longer period of time than the period
mentioned in the certificate, unless otherwise ordered by the court.
If such witness, after coming into this state, fails without good cause
to attend and testify as directed in the summons, he or she shall be
punished in the manner provided for the punishment of any witness who
disobeys a summons issued from a court of record in this state.
Sec. 1052 RCW 10.55.100 and 1943 c 218 s 4 are each amended to
read as follows:
If a person comes into this state in obedience to a summons
directing him or her to attend and testify in this state he or she
shall not while in this state pursuant to such summons be subject to
arrest or the service of process, civil or criminal, in connection with
matters which arose before his or her entrance into this state under
the summons.
If a person passes through this state while going to another state
in obedience to a summons to attend and testify in that state or while
returning therefrom, he or she shall not while so passing through this
state be subject to arrest or the service of process, civil or
criminal, in connection with matters which arose before his or her
entrance into this state under the summons.
Sec. 1053 RCW 10.58.020 and 1909 c 249 s 56 are each amended to
read as follows:
Every person charged with the commission of a crime shall be
presumed innocent until the contrary is proved by competent evidence
beyond a reasonable doubt; and when an offense has been proved against
him or her, and there exists a reasonable doubt as to which of two or
more degrees he or she is guilty, he or she shall be convicted only of
the lowest.
Sec. 1054 RCW 10.58.030 and Code 1881 s 1070 are each amended to
read as follows:
The confession of a defendant made under inducement, with all the
circumstances, may be given as evidence against him or her, except when
made under the influence of fear produced by threats; but a confession
made under inducement is not sufficient to warrant a conviction without
corroborating testimony.
Sec. 1055 RCW 10.61.006 and 1891 c 28 s 76 are each amended to
read as follows:
In all other cases the defendant may be found guilty of an offense
the commission of which is necessarily included within that with which
he or she is charged in the indictment or information.
Sec. 1056 RCW 10.64.060 and Code 1881 s 1127 are each amended to
read as follows:
In every case where imprisonment in the penitentiary is awarded
against any convict, the form of the sentence shall be, that he or she
be punished by confinement at hard labor; and he or she may also be
sentenced to solitary imprisonment for such term as the court shall
direct, not exceeding twenty days at any one time; and in the execution
of such punishment the solitary shall precede the punishment by hard
labor, unless the court shall otherwise order.
Sec. 1057 RCW 10.64.070 and 1891 c 28 s 83 are each amended to
read as follows:
Every court before whom any person shall be convicted upon an
indictment or information for an offense not punishable with death or
imprisonment in the penitentiary may, in addition to the punishment
prescribed by law, require such person to recognize with sufficient
sureties in a reasonable sum to keep the peace, or to be of good
behavior, or both, for any term not exceeding one year, and to stand
committed until he or she shall so recognize.
Sec. 1058 RCW 10.70.010 and Code 1881 s 1119 are each amended to
read as follows:
When the defendant is adjudged to pay a fine and costs, the court
shall order him or her to be committed to the custody of the sheriff
until the fine and costs are paid or secured as provided by law.
Sec. 1059 RCW 10.70.020 and Code 1881 s 1126 are each amended to
read as follows:
When any person shall be sentenced to be imprisoned in the
penitentiary or county jail, the clerk of the court shall, as soon as
may be, make out and deliver to the sheriff of the county, or his or
her deputy, a transcript from the minutes of the court of such
conviction and sentence, duly certified by such clerk, which shall be
sufficient authority for such sheriff to execute the sentence, who
shall execute it accordingly.
Sec. 1060 RCW 10.73.040 and 1999 c 143 s 48 are each amended to
read as follows:
In all criminal actions, except capital cases in which the proof of
guilt is clear or the presumption great, upon an appeal being taken
from a judgment of conviction, the court in which the judgment was
rendered, or a judge thereof, must, by an order entered in the journal
or filed with the clerk, fix and determine the amount of bail to be
required of the appellant; and the appellant shall be committed until
a bond to the state of Washington in the sum so fixed be executed on
his or her behalf by at least two sureties possessing the
qualifications required for sureties on appeal bonds, such bond to be
conditioned that the appellant shall appear whenever required, and
stand to and abide by the judgment or orders of the appellate court,
and any judgment and order of the superior court that may be rendered
or made in pursuance thereof. If the appellant be already at large on
bail, his or her sureties shall be liable to the amount of their bond,
in the same manner and upon the same conditions as if they had executed
the bond prescribed by this section; but the court may by order require
a new bond in a larger amount or with new sureties, and may commit the
appellant until the order be complied with.
Sec. 1061 RCW 10.79.020 and Code 1881 s 969 are each amended to
read as follows:
All such warrants shall be directed to the sheriff of the county,
or his or her deputy, or to any constable of the county, commanding
such officer to search the house or place where the stolen property or
other things for which he or she is required to search are believed to
be concealed, which place and property, or things to be searched for
shall be designated and described in the warrant, and to bring such
stolen property or other things, when found, and the person in whose
possession the same shall be found, before the magistrate who shall
issue the warrant, or before some other magistrate or court having
cognizance of the case.
Sec. 1062 RCW 10.79.040 and 2003 c 53 s 95 are each amended to
read as follows:
(1) It shall be unlawful for any ((policeman)) police officer or
other peace officer to enter and search any private dwelling house or
place of residence without the authority of a search warrant issued
upon a complaint as by law provided.
(2) Any ((policeman)) police officer or other peace officer
violating the provisions of this section is guilty of a gross
misdemeanor.
Sec. 1063 RCW 10.79.050 and Code 1881 s 851 are each amended to
read as follows:
All property obtained by larceny, robbery or burglary, shall be
restored to the owner; and no sale, whether in good faith on the part
of the purchaser or not, shall divest the owner of his or her rights to
such property; and it shall be the duty of the officer who shall arrest
any person charged as principal or accessory in any robbery or larceny,
to secure the property alleged to have been stolen, and he or she shall
be answerable for the same, and shall annex a schedule thereof to his
or her return of the warrant.
Sec. 1064 RCW 10.82.030 and 1991 c 183 s 1 are each amended to
read as follows:
If any person ordered into custody until the fine and costs
adjudged against him or her be paid shall not, within five days, pay,
or cause the payment of the same to be made, the clerk of the court
shall issue a warrant to the sheriff commanding him or her to imprison
such defendant in the county jail until the amount of such fine and
costs owing are paid. Execution may at any time issue against the
property of the defendant for that portion of such fine and costs not
reduced by the application of this section. The amount of such fine
and costs owing shall be the whole of such fine and costs reduced by
the amount of any portion thereof paid, and an amount established by
the county legislative authority for every day the defendant performs
labor as provided in RCW 10.82.040, and a lesser amount established by
the county legislative authority for every day the defendant does not
perform such labor while imprisoned.
Sec. 1065 RCW 10.82.040 and 1967 c 200 s 5 are each amended to
read as follows:
When a defendant is committed to jail, on failure to pay any fines
and costs, he or she shall, under the supervision of the county sheriff
and subject to the terms of any ordinances adopted by the county
commissioners, be permitted to perform labor to reduce the amount owing
of the fine and costs.
Sec. 1066 RCW 10.88.210 and 1971 ex.s. c 46 s 2 are each amended
to read as follows:
Subject to the provisions of this chapter, the provisions of the
Constitution of the United States controlling, and any and all acts of
congress enacted in pursuance thereof, the governor of this state may
in his or her discretion have arrested and delivered up to the
executive authority of any other state of the United States any person
charged in that state with treason, felony, or other crime, who has
fled from justice and is found in this state.
Sec. 1067 RCW 10.88.220 and 1971 ex.s. c 46 s 3 are each amended
to read as follows:
No demand for the extradition of a person charged with crime in
another state shall be recognized by the governor unless in writing
alleging, except in cases arising under RCW 10.88.250, that the accused
was present in the demanding state at the time of the commission of the
alleged crime, and that thereafter he or she fled from the state, and
accompanied by a copy of an indictment found or by information
supported by affidavit in the state having jurisdiction of the crime,
or by a copy of an affidavit made before a magistrate there, together
with a copy of any warrant which was issued thereupon; or by a copy of
a judgment of conviction or of a sentence imposed in execution thereof,
together with a statement by the executive authority of the demanding
state that the person claimed has escaped from confinement or has
broken the terms of his or her bail, probation, or parole. The
indictment, information, or affidavit made before the magistrate must
substantially charge the person demanded with having committed a crime
under the law of that state; and the copy of indictment, information,
affidavit, judgment of conviction, or sentence must be certified or
authenticated by the executive authority making the demand.
Sec. 1068 RCW 10.88.230 and 1971 ex.s. c 46 s 4 are each amended
to read as follows:
When a demand shall be made upon the governor of this state by the
executive authority of another state for the surrender of a person so
charged with crime, the governor may call upon the attorney general or
any prosecuting officer in this state to investigate or assist in
investigating the demand, and to report to him or her the situation and
circumstances of the person so demanded, and whether he or she ought to
be surrendered.
Sec. 1069 RCW 10.88.240 and 1971 ex.s. c 46 s 5 are each amended
to read as follows:
When it is desired to have returned to this state a person charged
in this state with a crime, and such person is imprisoned or is held
under criminal proceedings then pending against him or her in another
state, the governor of this state may agree with the executive
authority of such other state for the extradition of such person before
the conclusion of such proceedings or his or her term of sentence in
such other state, upon condition that such person be returned to such
other state at the expense of this state as soon as the prosecution in
this state is terminated.
The governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who is
charged in the manner provided in RCW 10.88.410 with having violated
the laws of the state whose executive authority is making the demand,
even though such person left the demanding state involuntarily.
Sec. 1070 RCW 10.88.260 and 1971 ex.s. c 46 s 7 are each amended
to read as follows:
If the governor decides that the demand should be complied with, he
or she shall sign a warrant of arrest, which shall be sealed with the
state seal, and be directed to any peace officer or other person whom
he or she may think fit to entrust with the execution thereof. The
warrant must substantially recite the facts necessary to the validity
of its issuance.
Sec. 1071 RCW 10.88.270 and 1971 ex.s. c 46 s 8 are each amended
to read as follows:
Such warrant shall authorize the peace officer or other person to
whom directed to arrest the accused at any time and any place where he
or she may be found within the state and to command the aid of all
peace officers or other persons in the execution of the warrant, and to
deliver the accused, subject to the provisions of this chapter to the
duly authorized agent of the demanding state.
Sec. 1072 RCW 10.88.290 and 1971 ex.s. c 46 s 10 are each amended
to read as follows:
No person arrested upon such warrant shall be delivered over to the
agent whom the executive authority demanding him or her shall have
appointed to receive him or her unless he or she shall first be taken
forthwith before a judge of a court of record in this state, who shall
inform him or her of the demand made for his or her surrender and of
the crime with which he or she is charged, and that he or she has the
right to demand and procure legal counsel; and if the prisoner or his
or her counsel shall state that he or she or they desire to test the
legality of his or her arrest, the judge of such court of record shall
fix a reasonable time to be allowed him or her within which to apply
for a writ of habeas corpus. When such writ is applied for, notice
thereof, and of the time and place of hearing thereon, shall be given
to the prosecuting officer of the county in which the arrest is made
and in which the accused is in custody, and to the said agent of the
demanding state: PROVIDED, That the hearing provided for in this
section shall not be available except as may be constitutionally
required if a hearing on the legality of arrest has been held pursuant
to RCW 10.88.320 or 10.88.330.
Sec. 1073 RCW 10.88.300 and 1971 ex.s. c 46 s 11 are each amended
to read as follows:
Any officer who shall deliver to the agent for extradition of the
demanding state a person in his or her custody under the governor's
warrant, in wilful disobedience to RCW 10.88.290, shall be guilty of a
gross misdemeanor and, on conviction, shall be imprisoned in the county
jail for not more than one year, or be fined not more than one thousand
dollars, or both.
Sec. 1074 RCW 10.88.310 and 1971 ex.s. c 46 s 12 are each amended
to read as follows:
The officer or persons executing the governor's warrant of arrest,
or the agent of the demanding state to whom the prisoner may have been
delivered may, when necessary, confine the prisoner in the jail of any
county or city through which he or she may pass; and the keeper of such
jail must receive and safely keep the prisoner until the officer or
person having charge of him or her is ready to proceed on his or her
route, such officer or person being chargeable with the expense of
keeping.
The officer or agent of a demanding state to whom a prisoner may
have been delivered following extradition proceedings in another state,
or to whom a prisoner may have been delivered after waiving extradition
in such other state, and who is passing through this state with such a
prisoner for the purpose of immediately returning such prisoner to the
demanding state may, when necessary, confine the prisoner in the jail
of any county or city through which he or she may pass; and the keeper
of such jail must receive and safely keep the prisoner until the
officer or agent having charge of him or her is ready to proceed on his
or her route, such officer or agent, however, being chargeable with the
expense of keeping: PROVIDED, HOWEVER, That such officer or agent
shall produce and show to the keeper of such jail satisfactory written
evidence of the fact that he or she is actually transporting such
prisoner to the demanding state after a requisition by the executive
authority of such demanding state. Such prisoner shall not be entitled
to demand a new requisition while in this state.
Sec. 1075 RCW 10.88.320 and 1971 ex.s. c 46 s 13 are each amended
to read as follows:
Whenever any person within this state shall be charged on the oath
of any credible person before any judge or magistrate of this state
with the commission of any crime in any other state and, except in
cases arising under RCW 10.88.250, with having fled from justice, or
with having been convicted of a crime in that state and having escaped
from confinement, or having broken the terms of his or her bail,
probation, or parole, or whenever complaint shall have been made before
any judge or magistrate in this state setting forth on the affidavit of
any credible person in another state that a crime has been committed in
such other state and that the accused has been charged in such state
with the commission of the crime, and, except in cases arising under
RCW 10.88.250, has fled from justice, or with having been convicted of
a crime in that state and having escaped from confinement, or having
broken the terms of his or her bail, probation, or parole and is
believed to be in this state, the judge or magistrate shall issue a
warrant directed to any peace officer commanding him or her to
apprehend the person named therein, wherever he or she may be found in
this state, and to bring him or her before the same or any other judge,
magistrate or court who or which may be available in or convenient of
access to the place where the arrest may be made, to answer the charge
or complaint and affidavit, and a certified copy of the sworn charge or
complaint and affidavit upon which the warrant is issued shall be
attached to the warrant.
Sec. 1076 RCW 10.88.330 and 1979 ex.s. c 244 s 16 are each
amended to read as follows:
(1) The arrest of a person may be lawfully made also by any peace
officer or a private person, without a warrant upon reasonable
information that the accused stands charged in the courts of a state
with a crime punishable by death or imprisonment for a term exceeding
one year, but when so arrested the accused must be taken before a judge
or magistrate with all practicable speed and complaint must be made
against him or her under oath setting forth the ground for the arrest
as in RCW 10.88.320; and thereafter his or her answer shall be heard as
if he or she had been arrested on a warrant.
(2) An officer of the United States customs service or the
immigration and naturalization service may, without a warrant, arrest
a person if:
(a) The officer is on duty;
(b) One or more of the following situations exists:
(i) The person commits an assault or other crime involving physical
harm, defined and punishable under chapter 9A.36 RCW, against the
officer or against any other person in the presence of the officer;
(ii) The person commits an assault or related crime while armed,
defined and punishable under chapter 9.41 RCW, against the officer or
against any other person in the presence of the officer;
(iii) The officer has reasonable cause to believe that a crime as
defined in (b)(i) or (ii) of this subsection has been committed and
reasonable cause to believe that the person to be arrested has
committed it;
(iv) The officer has reasonable cause to believe that a felony has
been committed and reasonable cause to believe that the person to be
arrested has committed it; or
(v) The officer has received positive information by written,
telegraphic, teletypic, telephonic, radio, or other authoritative
source that a peace officer holds a warrant for the person's arrest;
and
(c) The regional commissioner of customs certifies to the state of
Washington that the customs officer has received proper training within
the agency to enable that officer to enforce or administer this
subsection.
Sec. 1077 RCW 10.88.340 and 1971 ex.s. c 46 s 15 are each amended
to read as follows:
If from the examination before the judge or magistrate it appears
that the person held is the person charged with having committed the
crime alleged and, except in cases arising under RCW 10.88.250, that he
or she has fled from justice, the judge or magistrate must, by a
warrant reciting the accusation, commit him or her to the county jail
for such a time not exceeding thirty days and specified in the warrant,
as will enable the arrest of the accused to be made under a warrant of
the governor on a requisition of the executive authority of the state
having jurisdiction of the offense, unless the accused give bail as
provided in RCW 10.88.350, or until he or she shall be legally
discharged.
Sec. 1078 RCW 10.88.350 and 1971 ex.s. c 46 s 16 are each amended
to read as follows:
Unless the offense with which the prisoner is charged is shown to
be an offense punishable by death or life imprisonment under the laws
of the state in which it was committed, a judge or magistrate in this
state may admit the person arrested to bail by bond, with sufficient
sureties, and in such sum as he or she deems proper, conditioned for
his or her appearance before him or her at a time specified in such a
bond, and for his or her surrender, to be arrested upon the warrant of
the governor of this state.
Sec. 1079 RCW 10.88.360 and 1971 ex.s. c 46 s 17 are each amended
to read as follows:
If the accused is not arrested under warrant of the governor by the
expiration of the time specified in the warrant or bond, a judge or
magistrate may discharge him or her or may recommit him or her for a
further period not to exceed sixty days, or a judge or magistrate judge
may again take bail for his or her appearance and surrender, as
provided in RCW 10.88.350, but within a period not to exceed sixty days
after the date of such new bond: PROVIDED, That the governor may,
except in cases in which the offense is punishable under laws of the
demanding state by death or life imprisonment, deny a demand for
extradition when such demand is not received by the governor before the
expiration of one hundred twenty days from the date of arrest in this
state of the alleged fugitive, in the absence of a showing of good
cause for such delay.
Sec. 1080 RCW 10.88.370 and 1971 ex.s. c 46 s 18 are each amended
to read as follows:
If the prisoner is admitted to bail, and fails to appear and
surrender himself or herself according to the conditions of his or her
bond, the judge, or magistrate by proper order, shall declare the bond
forfeited and order his or her immediate arrest without warrant if he
or she be within this state. Recovery may be had on such bond in the
name of the state as in the case of other bonds given by the accused in
criminal proceedings within this state.
Sec. 1081 RCW 10.88.380 and 1971 ex.s. c 46 s 19 are each amended
to read as follows:
If a criminal prosecution has been instituted against such person
under the laws of this state and is still pending the governor, in his
or her discretion, either may surrender him or her on demand of the
executive authority of another state or hold him or her until he or she
has been tried and discharged or convicted and punished in this state.
Sec. 1082 RCW 10.88.390 and 1971 ex.s. c 46 s 20 are each amended
to read as follows:
The governor may recall his or her warrant of arrest or may issue
another warrant whenever he or she deems proper.
Sec. 1083 RCW 10.88.400 and 1971 ex.s. c 46 s 21 are each amended
to read as follows:
Whenever the governor of this state shall demand a person charged
with crime or with escaping from confinement or breaking the terms of
his or her bail, probation, or parole in this state, from the executive
authority of any other state, or from the appropriate authority of the
District of Columbia authorized to receive such demand under the laws
of the United States, he or she shall issue a warrant under the seal of
this state, to some agent, commanding him or her to receive the person
so charged if delivered to him or her and convey him or her to the
proper officer of the county in this state in which the offense was
committed.
Sec. 1084 RCW 10.88.410 and 1971 ex.s. c 46 s 22 are each amended
to read as follows:
(1) When the return to this state of a person charged with crime in
this state is required, the prosecuting attorney shall present to the
governor his or her written application for a requisition for the
return of the person charged, in which application shall be stated the
name of the person so charged, the crime charged against him or her,
the approximate time, place, and circumstances of its commission, the
state in which he or she is believed to be, including the location of
the accused therein at the time the application is made and certifying
that, in the opinion of the said prosecuting attorney the ends of
justice require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private
claim.
(2) When the return to this state is required of a person who has
been convicted of a crime in this state and has escaped from
confinement or broken the terms of his or her bail, probation, or
parole, the prosecuting attorney of the county in which the offense was
committed, the parole board, or the warden of the institution or
sheriff of the county, from which escape was made, shall present to the
governor a written application for a requisition for the return of such
person, in which application shall be stated the name of the person,
the crime of which he or she was convicted, the circumstances of his or
her escape from confinement or of the breach of the terms of his or her
bail, probation, or parole, the state in which he or she is believed to
be, including the location of the person therein at the time
application is made.
(3) The application shall be verified by affidavit, shall be
executed in duplicate, and shall be accompanied by two certified copies
of the indictment returned, or information and affidavit filed, or of
the complaint made to the judge or magistrate, stating the offense with
which the accused is charged, or of the judgment of conviction or of
the sentence. The prosecuting officer, parole board, warden, or
sheriff may also attach such further affidavits and other documents in
duplicate as he or she shall deem proper to be submitted with such
application. One copy of the application, with the action of the
governor indicated by endorsement thereon, and one of the certified
copies of the indictment, complaint, information, and affidavits, or of
the judgment of conviction or of the sentence shall be filed in the
office of the secretary of state to remain of record in that office.
The other copies of all papers shall be forwarded with the governor's
requisition.
Sec. 1085 RCW 10.88.420 and 1971 ex.s. c 46 s 23 are each amended
to read as follows:
A person brought into this state by, or after waiver of,
extradition based on a criminal charge shall not be subject to service
of personal process in civil actions arising out of the same facts as
the criminal proceeding to answer which he or she is being or has been
returned, until he or she has been finally convicted in the criminal
proceeding, or, if acquitted, until he or she has had reasonable
opportunity to return to the state from which he or she was extradited.
Sec. 1086 RCW 10.88.430 and 1971 ex.s. c 46 s 24 are each amended
to read as follows:
Any person arrested in this state charged with having committed any
crime in another state or alleged to have escaped from confinement, or
broken the terms of his or her bail, probation, or parole may waive the
issuance and service of the warrant provided for in RCW 10.88.260 and
10.88.270 and all other procedure incidental to extradition
proceedings, by executing or subscribing in the presence of a judge of
any court of record within this state a writing which states that he or
she consents to return to the demanding state: PROVIDED, HOWEVER, That
before such waiver shall be executed or subscribed by such person it
shall be the duty of such judge to inform such person of his or her
rights to the issuance and service of a warrant of extradition and to
obtain a writ of habeas corpus as provided for in RCW 10.88.290.
If and when such consent has been duly executed it shall forthwith
be forwarded to the office of the governor of this state and filed
therein. The judge shall direct the officer having such person in
custody to deliver forthwith such person to the duly accredited agent
or agents of the demanding state, and shall deliver or cause to be
delivered to such agent or agents a copy of such consent: PROVIDED,
HOWEVER, That nothing in this section shall be deemed to limit the
rights of the accused person to return voluntarily and without
formality to the demanding state, nor shall this waiver procedure be
deemed to be an exclusive procedure or to limit the powers, rights, or
duties of the officers of the demanding state or of this state.
Sec. 1087 RCW 10.88.450 and 1971 ex.s. c 46 s 26 are each amended
to read as follows:
After a person has been brought back to this state by, or after
waiver of extradition proceedings, he or she may be tried in this state
for other crimes which he or she may be charged with having committed
here as well as that specified in the requisition for his or her
extradition.
Sec. 1088 RCW 10.89.020 and 1943 c 261 s 2 are each amended to
read as follows:
If an arrest is made in this state by an officer of another state
in accordance with the provisions of RCW 10.89.010, he or she shall,
without unnecessary delay, take the person arrested before a magistrate
of the county in which the arrest was made, who shall conduct a hearing
for the purpose of determining the lawfulness of the arrest. If the
magistrate determines that the arrest was lawful, he or she shall
commit the person arrested to await for a reasonable time the issuance
of an extradition warrant by the governor of this state. If the
magistrate determines that the arrest was unlawful, he or she shall
discharge the person arrested.
Sec. 1089 RCW 10.91.010 and 1971 ex.s. c 17 s 2 are each amended
to read as follows:
(1) If a person who has been charged with crime in another state
and released from custody prior to final judgment, including the final
disposition of any appeal, is alleged to have violated the terms and
conditions of his or her release, and is present in this state, a
designated agent of the court, judge, or magistrate which authorized
the release may request the issuance of a warrant for the arrest of the
person and an order authorizing his or her return to the demanding
court, judge, or magistrate. Before the warrant is issued, the
designated agent must file with a judicial officer of this state the
following documents:
(a) An affidavit stating the name and whereabouts of the person
whose removal is sought, the crime with which the person was charged,
the time and place of the crime charged, and the status of the
proceedings against him or her;
(b) A certified copy of the order or other document specifying the
terms and conditions under which the person was released from custody;
and
(c) A certified copy of an order of the demanding court, judge, or
magistrate stating the manner in which the terms and the conditions of
the release have been violated and designating the affiant its agent
for seeking removal of the person.
(2) Upon initially determining that the affiant is a designated
agent of the demanding court, judge, or magistrate, and that there is
a probable cause for believing that the person whose removal is sought
has violated the terms or conditions of his or her release, the
judicial officer shall issue a warrant to a law enforcement officer of
this state for the person's arrest.
(3) The judicial officer shall notify the prosecuting attorney of
his or her action and shall direct him or her to investigate the case
to ascertain the validity of the affidavits and documents required by
subsection (1) of this section and the identity and authority of the
affiant.
Sec. 1090 RCW 10.91.020 and 1971 ex.s. c 17 s 3 are each amended
to read as follows:
(1) The person whose removal is sought shall be brought before the
judicial officer without unnecessary delay upon arrest pursuant to the
warrant; whereupon the judicial officer shall set a time and place for
hearing, and shall advise the person of his or her right to have the
assistance of counsel, to confront the witnesses against him or her,
and to produce evidence in his or her own behalf at the hearing.
(2) The person whose removal is sought may at this time in writing
waive the hearing and agree to be returned to the demanding court,
judge, or magistrate. If a waiver is executed, the judicial officer
shall issue an order pursuant to RCW 10.91.030.
(3) The judicial officer may impose conditions of release
authorized by the laws of this state which will reasonably assure the
appearance at the hearing of the person whose removal is sought.
Sec. 1091 RCW 10.91.030 and 1971 ex.s. c 17 s 4 are each amended
to read as follows:
The prosecuting attorney shall appear at the hearing and report to
the judicial officer the results of his or her investigation. If the
judicial officer finds that the affiant is a designated agent of the
demanding court, judge, or magistrate and that the person whose removal
is sought was released from custody by the demanding court, judge, or
magistrate, and that the person has violated the terms or conditions of
his or her release, the judicial officer shall issue an order
authorizing the return of the person to the custody of the demanding
court, judge, or magistrate forthwith.
Sec. 1092 RCW 10.91.050 and 1971 ex.s. c 17 s 9 are each amended
to read as follows:
The costs of the procedures required by this chapter shall be borne
by the demanding state, except when the designated agent is not a
public official. In any case when the designated agent is not a public
official, he or she shall bear the cost of such procedures.
Sec. 1093 RCW 10.97.080 and 2005 c 274 s 206 are each amended to
read as follows:
All criminal justice agencies shall permit an individual who is, or
who believes that he or she may be, the subject of a criminal record
maintained by that agency, to appear in person during normal business
hours of that criminal justice agency and request to see the criminal
history record information held by that agency pertaining to the
individual. The individual's right to access and review of criminal
history record information shall not extend to data contained in
intelligence, investigative, or other related files, and shall not be
construed to include any information other than that defined as
criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available
forms to facilitate the inspection and review of criminal history
record information by the subjects thereof, which rules may include
requirements for identification, the establishment of reasonable
periods of time to be allowed an individual to examine the record, and
for assistance by an individual's counsel, interpreter, or other
appropriate persons.
No person shall be allowed to retain or mechanically reproduce any
nonconviction data except for the purpose of challenge or correction
when the person who is the subject of the record asserts the belief in
writing that the information regarding such person is inaccurate or
incomplete. The provisions of chapter 42.56 RCW shall not be construed
to require or authorize copying of nonconviction data for any other
purpose.
The Washington state patrol shall establish rules for the challenge
of records which an individual declares to be inaccurate or incomplete,
and for the resolution of any disputes between individuals and criminal
justice agencies pertaining to the accuracy and completeness of
criminal history record information. The Washington state patrol shall
also adopt rules for the correction of criminal history record
information and the dissemination of corrected information to agencies
and persons to whom inaccurate or incomplete information was previously
disseminated. Such rules may establish time limitations of not less
than ninety days upon the requirement for disseminating corrected
information.
Sec. 1094 RCW 10.97.110 and 1979 ex.s. c 36 s 5 are each amended
to read as follows:
Any person may maintain an action to enjoin a continuance of any
act or acts in violation of any of the provisions of this chapter, and
if injured thereby, for the recovery of damages and for the recovery of
reasonable attorneys' fees. If, in such action, the court shall find
that the defendant is violating or has violated any of the provisions
of this chapter, it shall enjoin the defendant from a continuance
thereof, and it shall not be necessary that actual damages to the
plaintiff be alleged or proved. In addition to such injunctive relief,
the plaintiff in said action shall be entitled to recover from the
defendant the amount of the actual damages, if any, sustained by him or
her if actual damages to the plaintiff are alleged and proved. In any
suit brought to enjoin a violation of this chapter, the prevailing
party may be awarded reasonable attorneys' fees, including fees
incurred upon appeal. Commencement, pendency, or conclusion of a civil
action for injunction or damages shall not affect the liability of a
person or agency to criminal prosecution for a violation of this
chapter.
Sec. 1095 RCW 10.97.120 and 1977 ex.s. c 314 s 12 are each
amended to read as follows:
Violation of the provisions of this chapter shall constitute a
misdemeanor, and any person whether as principal, agent, officer, or
director for himself or herself or for another person, or for any firm
or corporation, public or private, or any municipality who or which
shall violate any of the provisions of this chapter shall be guilty of
a misdemeanor for each single violation. Any criminal prosecution
shall not affect the right of any person to bring a civil action as
authorized by this chapter or otherwise authorized by law.
Sec. 2001 RCW 11.04.015 and 2007 c 156 s 27 are each amended to
read as follows:
The net estate of a person dying intestate, or that portion thereof
with respect to which the person shall have died intestate, shall
descend subject to the provisions of RCW 11.04.250 and 11.02.070, and
shall be distributed as follows:
(1) Share of surviving spouse or state registered domestic partner.
The surviving spouse or state registered domestic partner shall receive
the following share:
(a) All of the decedent's share of the net community estate; and
(b) One-half of the net separate estate if the intestate is
survived by issue; or
(c) Three-quarters of the net separate estate if there is no
surviving issue, but the intestate is survived by one or more of his or
her parents, or by one or more of the issue of one or more of his or
her parents; or
(d) All of the net separate estate, if there is no surviving issue
nor parent nor issue of parent.
(2) Shares of others than surviving spouse or state registered
domestic partner. The share of the net estate not distributable to the
surviving spouse or state registered domestic partner, or the entire
net estate if there is no surviving spouse or state registered domestic
partner, shall descend and be distributed as follows:
(a) To the issue of the intestate; if they are all in the same
degree of kinship to the intestate, they shall take equally, or if of
unequal degree, then those of more remote degree shall take by
representation.
(b) If the intestate not be survived by issue, then to the parent
or parents who survive the intestate.
(c) If the intestate not be survived by issue or by either parent,
then to those issue of the parent or parents who survive the intestate;
if they are all in the same degree of kinship to the intestate, they
shall take equally, or, if of unequal degree, then those of more remote
degree shall take by representation.
(d) If the intestate not be survived by issue or by either parent,
or by any issue of the parent or parents who survive the intestate,
then to the grandparent or grandparents who survive the intestate; if
both maternal and paternal grandparents survive the intestate, the
maternal grandparent or grandparents shall take one-half and the
paternal grandparent or grandparents shall take one-half.
(e) If the intestate not be survived by issue or by either parent,
or by any issue of the parent or parents or by any grandparent or
grandparents, then to those issue of any grandparent or grandparents
who survive the intestate; taken as a group, the issue of the maternal
grandparent or grandparents shall share equally with the issue of the
paternal grandparent or grandparents, also taken as a group; within
each such group, all members share equally if they are all in the same
degree of kinship to the intestate, or, if some be of unequal degree,
then those of more remote degree shall take by representation.
Sec. 2002 RCW 11.04.035 and 1967 c 168 s 3 are each amended to
read as follows:
Kindred of the half blood shall inherit the same share which they
would have inherited if they had been of the whole blood, unless the
inheritance comes to the intestate by descent, devise, or gift from one
of his or her ancestors, or kindred of such ancestor's blood, in which
case all those who are not of the blood of such ancestors shall be
excluded from such inheritance: PROVIDED, HOWEVER, That the words
"kindred of such ancestor's blood" and "blood of such ancestors" shall
be construed to include any child lawfully adopted by one who is in
fact of the blood of such ancestors.
Sec. 2003 RCW 11.04.041 and 1965 c 145 s 11.04.041 are each
amended to read as follows:
If a person dies intestate as to all his or her estate, property
which he or she gave in his or her lifetime as an advancement to any
person who, if the intestate had died at the time of making the
advancement, would be entitled to inherit a part of his or her estate,
shall be counted toward the advancee's intestate share, and to the
extent that it does not exceed such intestate share shall be taken into
account in computing the estate to be distributed. Every gratuitous
inter vivos transfer is deemed to be an absolute gift and not an
advancement unless shown to be an advancement. The advancement shall
be considered as of its value at the time when the advancee came into
possession or enjoyment or at the time of the death of the intestate,
whichever first occurs. If the advancee dies before the intestate,
leaving a lineal heir who takes from the intestate, the advancement
shall be taken into account in the same manner as if it had been made
directly to such heir. If such heir is entitled to a lesser share in
the estate than the advancee would have been entitled had he or she
survived the intestate, then the heir shall only be charged with such
proportion of the advancement as the amount he or she would have
inherited, had there been no advancement, bears to the amount which the
advancee would have inherited, had there been no advancement.
Sec. 2004 RCW 11.04.085 and 1965 c 145 s 11.04.085 are each
amended to read as follows:
A lawfully adopted child shall not be considered an "heir" of his
or her natural parents for purposes of this title.
Sec. 2005 RCW 11.04.250 and 1965 c 145 s 11.04.250 are each
amended to read as follows:
When a person dies seized of lands, tenements or hereditaments, or
any right thereto or entitled to any interest therein in fee or for the
life of another, his or her title shall vest immediately in his or her
heirs or devisees, subject to his or her debts, family allowance,
expenses of administration, and any other charges for which such real
estate is liable under existing laws. No administration of the estate
of such decedent, and no decree of distribution or other finding or
order of any court shall be necessary in any case to vest such title in
the heirs or devisees, but the same shall vest in the heirs or devisees
instantly upon the death of such decedent: PROVIDED, That no person
shall be deemed a devisee until the will has been probated. The title
and right to possession of such lands, tenements, or hereditaments so
vested in such heirs or devisees, together with the rents, issues, and
profits thereof, shall be good and valid against all persons claiming
adversely to the claims of any such heirs, or devisees, excepting only
the personal representative when appointed, and persons lawfully
claiming under such personal representative; and any one or more of
such heirs or devisees, or their grantees, jointly or severally, may
sue for and recover their respective shares or interests in any such
lands, tenements, or hereditaments and the rents, issues, and profits
thereof, whether letters testamentary or of administration be granted
or not, from any person except the personal representative and those
lawfully claiming under such personal representative.
Sec. 2006 RCW 11.08.111 and 1990 c 225 s 2 are each amended to
read as follows:
Prior to the expiration of the two-year period provided for in RCW
11.08.101, the superintendent may transfer such money or property in
his or her possession, upon request and satisfactory proof submitted to
him or her, to the following designated persons:
(1) To the personal representative of the estate of such deceased
inmate; or
(2) To the successor or successors defined in RCW 11.62.005, where
such money and property does not exceed the amount specified in RCW
6.13.030, and the successor or successors shall have furnished proof of
death and an affidavit made by said successor or successors meeting the
requirements of RCW 11.62.010; or
(3) In the case of money, to the person who may have deposited such
money with the superintendent for the use of the decedent, where the
sum involved does not exceed one thousand dollars; or
(4) To the department of social and health services, when there are
moneys due and owing from such deceased person's estate for the cost of
his or her care and maintenance at a state institution: PROVIDED, That
transfer of such money or property may be made to the person first
qualifying under this section and such transfer shall exonerate the
superintendent from further responsibility relative to such money or
property: AND PROVIDED FURTHER, That upon satisfactory showing the
funeral expenses of such decedent are unpaid, the superintendent may
pay up to one thousand dollars from said deceased inmate's funds on
said obligation.
Sec. 2007 RCW 11.08.180 and 1975 1st ex.s. c 278 s 3 are each
amended to read as follows:
The department of revenue may demand copies of any papers,
documents, or pleadings involving the escheat property or the probate
thereof deemed by it to be necessary for the enforcement of RCW
11.08.140 through 11.08.280 and it shall be the duty of the
administrator or his or her attorney to furnish such copies to the
department.
Sec. 2008 RCW 11.08.200 and 1975 1st ex.s. c 278 s 4 are each
amended to read as follows:
If any person shall take possession of escheat property without
proper authorization to do so, and shall have the use thereof for a
period exceeding sixty days, he or she shall be liable to the state for
the reasonable value of such use, payment of which may be enforced by
the department of revenue or by the administrator of the estate.
Sec. 2009 RCW 11.08.230 and 1975 1st ex.s. c 278 s 7 are each
amended to read as follows:
Upon the appearance of heirs and the establishment of their claim
to the satisfaction of the court prior to entry of the decree of
distribution to the estate, the provisions of RCW 11.08.140 through
11.08.280 shall not further apply, except for purposes of appeal:
PROVIDED, That the department of revenue shall be promptly given
written notice of such appearance by the claimants and furnished copies
of all papers or documents on which such claim of heirship is based.
Any documents in a foreign language shall be accompanied by
translations made by a properly qualified translator, certified by him
or her to be true and correct translations of the original documents.
The administrator or his or her attorney shall also furnish the
department of revenue with any other available information bearing on
the validity of the claim.
Sec. 2010 RCW 11.08.240 and 1975 1st ex.s. c 278 s 8 are each
amended to read as follows:
Any claimant to escheated funds or real property shall have seven
years from the date of issuance of letters testamentary or of
administration within which to file his or her claim. Such claim shall
be filed with the court having original jurisdiction of the estate, and
a copy thereof served upon the department of revenue, together with
twenty days notice of the hearing thereon.
Sec. 2011 RCW 11.12.030 and 1965 c 145 s 11.12.030 are each
amended to read as follows:
Every person who shall sign the testator's or testatrix's name to
any will by his or her direction shall subscribe his or her own name to
such will and state that he or she subscribed the testator's name at
his or her request: PROVIDED, That such signing and statement shall
not be required if the testator shall evidence the approval of the
signature so made at his or her request by making his or her mark on
the will.
Sec. 2012 RCW 11.12.060 and 1965 c 145 s 11.12.060 are each
amended to read as follows:
A bond, covenant, or agreement made for a valuable consideration by
a testator to convey any property, devised or bequeathed in any last
will previously made, shall not be deemed a revocation of such previous
devise or bequest, but such property shall pass by the devise or
bequest, subject to the same remedies on such bond, covenant, or
agreement, for specific performance or otherwise, against devisees or
legatees, as might be had by law against the heirs of the testator or
his or her next of kin, if the same had descended to him or her.
Sec. 2013 RCW 11.12.170 and 1965 c 145 s 11.12.170 are each
amended to read as follows:
Every devise of land in any will shall be construed to convey all
the estate of the devisor therein which he or she could lawfully
devise, unless it shall clearly appear by the will that he or she
intended to convey a less estate.
Sec. 2014 RCW 11.12.190 and 1965 c 145 s 11.12.190 are each
amended to read as follows:
Any estate, right or interest in property acquired by the testator
after the making of his or her will may pass thereby and in like manner
as if title thereto was vested in him or her at the time of making the
will, unless the contrary manifestly appears by the will to have been
the intention of the testator.
Sec. 2015 RCW 11.20.010 and 1965 c 145 s 11.20.010 are each
amended to read as follows:
Any person having the custody or control of any will shall, within
thirty days after he or she shall have received knowledge of the death
of the testator, deliver said will to the court having jurisdiction or
to the person named in the will as executor, and any executor having in
his or her custody or control any will shall within forty days after he
or she received knowledge of the death of the testator deliver the same
to the court having jurisdiction. Any person who shall wilfully
violate any of the provisions of this section shall be liable to any
party aggrieved for the damages which may be sustained by such
violation.
Sec. 2016 RCW 11.20.020 and 1977 ex.s. c 234 s 2 are each amended
to read as follows:
(1) Applications for the probate of a will and for letters
testamentary, or either, may be made to the judge of the court having
jurisdiction and the court may immediately hear the proofs and either
probate or reject such will as the testimony may justify. Upon such
hearing the court shall make and cause to be entered a formal order,
either establishing and probating such will, or refusing to establish
and probate the same, and such order shall be conclusive except in the
event of a contest of such will as hereinafter provided. All testimony
in support of the will shall be reduced to writing, signed by the
witnesses, and certified by the judge of the court. If the application
for probate of a will does not request the appointment of a personal
representative and the court enters an adjudication of testacy
establishing such will no further administration shall be required
except as commenced pursuant to RCW 11.28.330 or 11.28.340.
(2) In addition to the foregoing procedure for the proof of wills,
any or all of the attesting witnesses to a will may, at the request of
the testator or, after his or her decease, at the request of the
executor or any person interested under it, make an affidavit before
any person authorized to administer oaths, stating such facts as they
would be required to testify to in court to prove such will, which
affidavit may be written on the will or may be attached to the will or
to a photographic copy of the will. The sworn statement of any witness
so taken shall be accepted by the court as if it had been taken before
the court.
Sec. 2017 RCW 11.28.110 and 1977 ex.s. c 234 s 4 are each amended
to read as follows:
Application for letters of administration, or, application for an
adjudication of intestacy and heirship without the issuance of letters
of administration shall be made by petition in writing, signed and
verified by the applicant or his or her attorney, and filed with the
court, which petition shall set forth the facts essential to giving the
court jurisdiction of the case, and state, if known, the names, ages
and addresses of the heirs of the deceased and that the deceased died
without a will. If the application for an adjudication of intestacy
and heirship does not request the appointment of a personal
representative and the court enters an adjudication of intestacy no
further administration shall be required except as set forth in RCW
11.28.330 or 11.28.340.
Sec. 2018 RCW 11.28.190 and 1965 c 145 s 11.28.190 are each
amended to read as follows:
Before the judge approves any bond required under this chapter, and
after its approval, he or she may, of his or her own motion, or upon
the motion of any person interested in the estate, supported by
affidavit that the sureties, or some one or more of them, are not worth
as much as they have justified to, order a citation to issue, requiring
such sureties to appear before him or her at a designated time and
place, to be examined touching their property and its value; and the
judge must, at the same time, cause notice to be issued to the personal
representative, requiring his or her appearance on the return of the
citation, and on its return he or she may examine the sureties and such
witnesses as may be produced touching the property of the sureties and
its value; and if upon such examination he or she is satisfied that the
bond is insufficient he or she must require sufficient additional
security. If the bond and sureties are found by the court to be
sufficient, the costs incident to such hearing shall be taxed against
the party instituting such hearing. As a part of such costs the
sureties appearing shall be allowed such fees and mileage as witnesses
are allowed in civil proceedings: PROVIDED, That when the citation
herein referred to is issued on the motion of the court, no costs shall
be imposed.
Sec. 2019 RCW 11.28.230 and 1965 c 145 s 11.28.230 are each
amended to read as follows:
No bond required under the provisions of this chapter, and intended
as such bond, shall be void for want of form, recital or condition; nor
shall the principal or surety on such account be discharged, but all
the parties thereto shall be held and bound to the full extent
contemplated by the law requiring the same, to the amount specified in
such bond. In all actions on such defective bond the plaintiff may
state its legal effect in the same manner as though it were a perfect
bond. The bond shall not be void upon the first recovery, but may be
sued and recovered upon, from time to time, by any person aggrieved in
his or her own name, until the whole penalty is exhausted.
Sec. 2020 RCW 11.28.250 and 1965 c 145 s 11.28.250 are each
amended to read as follows:
Whenever the court has reason to believe that any personal
representative has wasted, embezzled, or mismanaged, or is about to
waste, or embezzle the property of the estate committed to his or her
charge, or has committed, or is about to commit a fraud upon the
estate, or is incompetent to act, or is permanently removed from the
state, or has wrongfully neglected the estate, or has neglected to
perform any acts as such personal representative, or for any other
cause or reason which to the court appears necessary, it shall have
power and authority, after notice and hearing to revoke such letters.
The manner of the notice and of the service of the same and of the time
of hearing shall be wholly in the discretion of the court, and if the
court for any such reasons revokes such letters the powers of such
personal representative shall at once cease, and it shall be the duty
of the court to immediately appoint some other personal representative,
as in this title provided.
Sec. 2021 RCW 11.28.290 and 1965 c 145 s 11.28.290 are each
amended to read as follows:
If any personal representative resign, or his or her letters be
revoked, or he or she die, he or she or his or her representatives
shall account for, pay, and deliver to his or her successor or to the
surviving or remaining personal representatives, all money and property
of every kind, and all rights, credits, deeds, evidences of debt, and
papers of every kind, of the deceased, at such time and in such manner
as the court shall order on final settlement with such personal
representative or his or her legal representatives.
Sec. 2022 RCW 11.28.300 and 1965 c 145 s 11.28.300 are each
amended to read as follows:
The succeeding administrator, or remaining personal representative
may proceed by law against any delinquent former personal
representative, or his or her personal representatives, or the sureties
of either, or against any other person possessed of any part of the
estate.
Sec. 2023 RCW 11.28.330 and 2004 c 193 s 1 are each amended to
read as follows:
If no personal representative is appointed to administer the estate
of a decedent, the person obtaining the adjudication of testacy, or
intestacy and heirship, within thirty days shall personally serve or
mail a true copy of the adjudication to each heir, legatee, and devisee
of the decedent, which copy shall contain the name of the decedent's
estate and the probate cause number, and shall:
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , . . . ., the
applicant obtained an order from the superior court of . . . . . .
county, state of Washington, adjudicating that the decedent died
intestate, or testate, whichever shall be the case;
(3) In the event the decedent died testate, enclose a copy of his
or her will therewith, and state that the adjudication of testacy will
become final and conclusive for all legal intents and purposes unless
any heir, legatee, or devisee of the decedent shall contest said will
within four months after the date the said will was adjudicated to be
the last will and testament of the decedent;
(4) In the event that the decedent died intestate, set forth the
names and addresses of the heirs of the decedent, their relationship to
the decedent, the distributive shares of the estate of the decedent
which they are entitled to receive, and that said adjudication of
intestacy and heirship shall become final and conclusive for all legal
intents and purposes, unless, within four months of the date of said
adjudication of intestacy, a petition shall be filed seeking the
admission of a will of the decedent for probate, or contesting the
adjudication of heirship.
Notices provided for in this section may be served personally or
sent by regular mail, and proof of such service or mailing shall be
made by an affidavit filed in the cause;
(5) Mail a true copy of the adjudication, including the decedent's
social security number and the name and address of the applicant, to
the state of Washington department of social and health services office
of financial recovery.
Sec. 2024 RCW 11.28.340 and 2004 c 193 s 2 are each amended to
read as follows:
Unless, within four months after the entry of the order
adjudicating testacy or intestacy and heirship, and the mailing or
service of the notice required in RCW 11.28.330 any heir, legatee or
devisee of the decedent shall offer a later will for probate or contest
an adjudication of testacy in the manner provided in this title for
will contests, or offer a will of the decedent for probate following an
adjudication of intestacy and heirship, or contesting the determination
of heirship, an order adjudicating testacy or intestacy and heirship
without appointing a personal representative to administer a decedent's
estate shall, as to those persons by whom notice was waived or to whom
said notice was mailed or on whom served, be deemed the equivalent of
the entry of a final decree of distribution in accordance with the
provisions of chapter 11.76 RCW for the purpose of:
(1) Establishing the decedent's will as his or her last will and
testament and persons entitled to receive his or her estate thereunder;
or
(2) Establishing the fact that the decedent died intestate, and
those persons entitled to receive his or her estate as his or her heirs
at law.
The right of an heir, legatee, or devisee to receive the assets of
a decedent shall, to the extent otherwise provided by this title, be
subject to the prior rights of the decedent's creditors and of any
persons entitled to a homestead award or award in lieu of homestead or
family allowance, and nothing contained in this section shall be deemed
to alter or diminish such prior rights, or to prohibit any person for
good cause shown, from obtaining the appointment of a personal
representative to administer the estate of the decedent after the entry
of an order adjudicating testacy or intestacy and heirship. However,
if the petition for letters testamentary or of administration shall be
filed more than four months after the date of the adjudication of
testacy or of intestacy and heirship, the issuance of such letters
shall not affect the finality of said adjudications.
Four months after providing all notices as required in RCW
11.28.330, any person paying, delivering, transferring, or issuing
property to the person entitled thereto under an adjudication of
testacy or intestacy and heirship that is deemed the equivalent of a
final decree of distribution as set forth in this section is discharged
and released to the same extent as if such person has dealt with a
personal representative of the decedent.
Sec. 2025 RCW 11.32.010 and 1965 c 145 s 11.32.010 are each
amended to read as follows:
When, by reason of an action concerning the proof of a will, or
from any other cause, there shall be a delay in granting letters
testamentary or of administration, the judge may, in his or her
discretion, appoint a special administrator (other than one of the
parties) to collect and preserve the effects of the deceased; and in
case of an appeal from the decree appointing such special
administrator, he or she shall, nevertheless, proceed in the execution
of his or her trust until he or she shall be otherwise ordered by the
appellate court.
Sec. 2026 RCW 11.32.020 and 1965 c 145 s 11.32.020 are each
amended to read as follows:
Every such administrator shall, before entering on the duties of
his or her trust, give bond, with sufficient surety or sureties, in
such sum as the judge shall order, payable to the state of Washington,
with conditions as required of an executor or in other cases of
administration: PROVIDED, That in all cases where a bank or trust
company authorized to act as administrator is appointed special
administrator or acts as special administrator under an appointment as
such heretofore made, no bond shall be required.
Sec. 2027 RCW 11.32.030 and 1965 c 145 s 11.32.030 are each
amended to read as follows:
Such special administrator shall collect all the goods, chattels,
money, effects, and debts of the deceased, and preserve the same for
the personal representative who shall thereafter be appointed; and for
that purpose may commence and maintain suits as an administrator, and
may also sell such perishable and other goods as the court shall order
sold, and make family allowances under the order of the court. The
appointment may be for a specified time, to perform duties respecting
specific property, or to perform particular acts, as stated in the
order of appointment. Such special administrator shall be allowed such
compensation for his or her services as the said court shall deem
reasonable, together with reasonable fees for his or her attorney.
Sec. 2028 RCW 11.32.040 and 1965 c 145 s 11.32.040 are each
amended to read as follows:
Upon granting letters testamentary or of administration the power
of the special administrator shall cease, and he or she shall forthwith
deliver to the personal representative all the goods, chattels, money,
effects, and debts of the deceased in his or her hands, and the
personal representative may be admitted to prosecute any suit commenced
by the special administrator, in like manner as an administrator de
bonis non is authorized to prosecute a suit commenced by a former
personal representative. The estate shall be liable for obligations
incurred by the special administrator pursuant to the order of
appointment or approved by the court.
Sec. 2029 RCW 11.32.060 and 1965 c 145 s 11.32.060 are each
amended to read as follows:
The special administrator shall also render an account, under oath,
of his or her proceedings, in like manner as other administrators are
required to do.
Sec. 2030 RCW 11.48.020 and 1965 c 145 s 11.48.020 are each
amended to read as follows:
Every personal representative shall, after having qualified, by
giving bond as hereinbefore provided, have a right to the immediate
possession of all the real as well as personal estate of the deceased,
and may receive the rents and profits of the real estate until the
estate shall be settled or delivered over, by order of the court, to
the heirs or devisees, and shall keep in tenantable repair all houses,
buildings and fixtures thereon, which are under his or her control.
Sec. 2031 RCW 11.48.025 and 1965 c 145 s 11.48.025 are each
amended to read as follows:
Upon a showing of advantage to the estate the court may authorize
a personal representative to continue any business of the decedent,
other than the business of a partnership of which the decedent was a
member: PROVIDED, That if decedent left a nonintervention will or a
will specifically authorizing a personal representative to continue any
business of decedent, and his or her estate is solvent, or a will
providing that the personal representative liquidate any business of
decedent, this section shall not apply.
The order shall specify:
(1) The extent of the authority of the personal representative to
incur liabilities;
(2) The period of time during which he or she may operate the
business;
(3) Any additional provisions or restrictions which the court may,
at its discretion, include.
Any interested person may for good cause require the personal
representative to show cause why the authority granted him or her
should not be limited or terminated. The order to show cause shall set
forth the manner of service thereof and the time and place of hearing
thereon.
Sec. 2032 RCW 11.48.030 and 1965 c 145 s 11.48.030 are each
amended to read as follows:
Every personal representative shall be chargeable in his or her
accounts with the whole estate of the deceased which may come into his
or her possession. He or she shall not be responsible for loss or
decrease or destruction of any of the property or effects of the
estate, without his or her fault.
Sec. 2033 RCW 11.48.040 and 1965 c 145 s 11.48.040 are each
amended to read as follows:
No personal representative shall be chargeable upon any special
promise to answer damages, or to pay the debts of the testator or
intestate out of his or her own estate, unless the agreement for that
purpose, or some memorandum or note thereof, is in writing and signed
by such personal representative, or by some other person by him or her
thereunto specially authorized.
Sec. 2034 RCW 11.48.050 and 1965 c 145 s 11.48.050 are each
amended to read as follows:
He or she shall be allowed all necessary expenses in the care,
management, and settlement of the estate.
Sec. 2035 RCW 11.48.060 and 1965 c 145 s 11.48.060 are each
amended to read as follows:
If any person, before the granting of letters testamentary or of
administration, shall embezzle or alienate any of the moneys, goods,
chattels, or effects of any deceased person, he or she shall stand
chargeable, and be liable to the personal representative of the estate,
in the value of the property so embezzled or alienated, together with
any damage occasioned thereby, to be recovered for the benefit of the
estate.
Sec. 2036 RCW 11.48.070 and 1965 c 145 s 11.48.070 are each
amended to read as follows:
The court shall have authority to bring before it any person or
persons suspected of having in his or her possession or having
concealed, embezzled, conveyed, or disposed of any of the property of
the estate of decedents or incompetents subject to administration under
this title, or who has in his or her possession or within his or her
knowledge any conveyances, bonds, contracts, or other writings which
contain evidence of or may tend to establish the right, title,
interest, or claim of the deceased in and to any property. If such
person be not in the county in which the letters were granted, he or
she may be cited and examined either before the court of the county
where found or before the court issuing the order of citation, and if
he or she be found innocent of the charges he or she shall be entitled
to recover costs of the estate, which costs shall be fees and mileage
of witnesses, statutory attorney's fees, and such per diem and mileage
for the person so charged as allowed to witnesses in civil proceedings.
Such party may be brought before the court by means of citation such as
the court may choose to issue, and if he or she refuses to answer such
interrogatories as may be put to him or her touching such matters, the
court may commit him or her to the county jail, there to remain until
he or she shall be willing to make such answers.
Sec. 2037 RCW 11.48.080 and 1965 c 145 s 11.48.080 are each
amended to read as follows:
No personal representative shall be accountable for any debts due
the estate, if it shall appear that they remain uncollected without his
or her fault. No personal representative shall purchase any claim
against the estate he or she represents, but the personal
representative may make application to the court for permission to
purchase certain claims, and if it appears to the court to be for the
benefit of the estate that such purchase shall be made, the court may
make an order allowing such claims and directing that the same may be
purchased by the personal representative under such terms as the court
shall order, and such claims shall thereafter be paid as are other
claims, but the personal representative shall not profit thereby.
Sec. 2038 RCW 11.48.120 and 1965 c 145 s 11.48.120 are each
amended to read as follows:
Any personal representative may in his or her own name, for the
benefit of all parties interested in the estate, maintain actions on
the bond of a former personal representative of the same estate.
Sec. 2039 RCW 11.48.140 and 1965 c 145 s 11.48.140 are each
amended to read as follows:
When there shall be a deficiency of assets in the hands of a
personal representative, and when the deceased shall in his or her
lifetime have conveyed any real estate, or any rights, or interest
therein, with intent to defraud his or her creditors or to avoid any
right, duty, or debt of any person, or shall have so conveyed such
estate, which deeds or conveyances by law are void as against
creditors, the personal representative may, and it shall be his or her
duty to, commence and prosecute to final judgment any proper action for
the recovery of the same, and may recover for the benefit of the
creditors all such real estate so fraudulently conveyed, and may also,
for the benefit of the creditors, sue and recover all goods, chattels,
rights, and credits which may have been so fraudulently conveyed by the
deceased in his or her lifetime, whatever may have been the manner of
such fraudulent conveyance.
Sec. 2040 RCW 11.48.160 and 1965 c 145 s 11.48.160 are each
amended to read as follows:
When a judgment is given against a personal representative for want
of answer, such judgment is not to be deemed evidence of assets in his
or her hands, unless it appear that the complaint alleged assets and
that the notice was served upon him or her.
Sec. 2041 RCW 11.48.180 and 1965 c 145 s 11.48.180 are each
amended to read as follows:
No person is liable to an action as executor of his or her own
wrong for having taken, received, or interfered with the property of a
deceased person, but is responsible to the personal representatives of
such deceased person for the value of all property so taken or
received, and for all injury caused by his or her interference with the
estate of the deceased.
Sec. 2042 RCW 11.48.200 and 1965 c 145 s 11.48.200 are each
amended to read as follows:
In an action against a personal representative as such, the
remedies of arrest and attachment shall not be allowed on account of
the acts of his or her testator or intestate, but for his or her own
acts as such personal representative, such remedies shall be allowed
for the same causes in the manner and with like effect as in actions at
law generally.
Sec. 2043 RCW 11.48.210 and 1965 c 145 s 11.48.210 are each
amended to read as follows:
If testator by will makes provision for the compensation of his or
her personal representative, that shall be taken as his or her full
compensation unless he or she files in the court a written instrument
renouncing all claim for the compensation provided by the will before
qualifying as personal representative. The personal representative,
when no compensation is provided in the will, or when he or she
renounces all claim to the compensation provided in the will, shall be
allowed such compensation for his or her services as the court shall
deem just and reasonable. Additional compensation may be allowed for
his or her services as attorney and for other services not required of
a personal representative. An attorney performing services for the
estate at the instance of the personal representative shall have such
compensation therefor out of the estate as the court shall deem just
and reasonable. Such compensation may be allowed at the final account;
but at any time during administration a personal representative or his
or her attorney may apply to the court for an allowance upon the
compensation of the personal representative and upon attorney's fees.
If the court finds that the personal representative has failed to
discharge his or her duties as such in any respect, it may deny him or
her any compensation whatsoever or may reduce the compensation which
would otherwise be allowed.
Sec. 2044 RCW 11.56.040 and 1965 c 145 s 11.56.040 are each
amended to read as follows:
If the court should determine that it is necessary or proper, for
any of the said purposes, to mortgage any or all of said property, it
may make an order directing the personal representative to mortgage
such thereof as it may determine upon, and such order shall contain the
terms and conditions of such transaction and authorize the personal
representative to execute and deliver his or her note or notes and
secure the same by mortgage, and thereafter it shall be the duty of
such personal representative to comply with such order. The personal
representative shall not deliver any such note, mortgage, or other
evidence of indebtedness until he or she has first presented same to
the court and obtained its approval of the form. Every mortgage so
made and approved shall be effectual to mortgage and encumber all the
right, title, and interest of the said estate in the property described
therein at the time of the death of the said decedent, or acquired by
his or her estate, and no irregularity in the proceedings shall impair
or invalidate any mortgage given under such order of the court and
approved by it.
Sec. 2045 RCW 11.56.045 and 1965 c 145 s 11.56.045 are each
amended to read as follows:
If the court should determine that it is necessary or proper, for
any of the said purposes to lease any or all of said property, it may
make an order directing the personal representative to lease such
thereof as it may determine upon, and such order shall contain the
terms and conditions of such transaction and authorize the personal
representative to execute the lease and thereafter it shall be the duty
of the personal representative to comply with such order. The personal
representative shall not execute such lease until he or she has first
presented the same to the court and obtained its approval of the form.
Sec. 2046 RCW 11.56.070 and 1965 c 145 s 11.56.070 are each
amended to read as follows:
The personal representative, should he or she deem it for the best
interests of all concerned, may postpone such sale to a time fixed but
not to exceed twenty days, and such postponement shall be made by
proclamation of the personal representative at the time and place first
appointed for the sale; if there be an adjournment of such sale for
more than three days, then it shall be the duty of the personal
representative to cause a notice of such adjournment to be published in
a legal newspaper in the county in which notice was published as
provided in RCW 11.56.060, in addition to making such proclamation.
Sec. 2047 RCW 11.56.100 and 1965 c 145 s 11.56.100 are each
amended to read as follows:
The personal representative making any sale of real estate, either
at public or private sale, or sale by negotiation shall within ten days
after making such sale file with the clerk of the court his or her
return of such sale, the same being duly verified. In the case of a
sale by negotiation the personal representative shall publish a notice
in one issue of a legal newspaper of the county in which the estate is
being administered; such notice shall include the legal description of
the property sold, the selling price and the date after which the sale
can be confirmed: PROVIDED, That such confirmation date shall be at
least ten days after such notice is published. At any time after the
expiration of ten days from the publication of such notice, in the case
of sale by negotiation, and at any time after the expiration of ten
days from the filing of such return, in the case of public or private
sale the court may approve and confirm such sale and direct proper
instruments of transfer to be executed and delivered. But if the court
shall be of the opinion that the proceedings were unfair, or that the
sum obtained was disproportionate to the value of the property sold, or
if made at private sale or sale by negotiation that it did not sell for
at least ninety percent of the appraised value as in RCW 11.56.090
provided, and that a sum exceeding said bid by at least ten percent
exclusive of the expense of a new sale, may be obtained, the court may
refuse to approve or confirm such sale and may order a resale. On a
resale, notice shall be given and the sale shall be conducted in all
respects as though no previous sale had been made.
Sec. 2048 RCW 11.56.110 and 1967 ex.s. c 106 s 2 are each amended
to read as follows:
If, at any time before confirmation of any such sale, any person
shall file with the clerk of the court a bid on such property in an
amount not less than ten percent higher than the bid the acceptance of
which was reported by the return of sale and shall deposit with the
clerk not less than twenty percent of his or her bid in the form of
cash, money order, cashier's check, or certified check made payable to
the clerk, to be forfeited to the estate unless such bidder complies
with his or her bid, the bidder whose bid was accepted shall be
informed of such increased bid by registered or certified mail
addressed to such bidder at any address which may have been given by
him or her at the time of making such bid. Such bidder then shall have
a period of five days, not including holidays, in which to make and
file a bid better than that of the subsequent bidder. After the
expiration of such five-day period the court may refuse to confirm the
sale reported in the return of sale and direct a sale to the person
making the best bid then on file, indicating which is the best bid, and
a sale made pursuant to such direction shall need no further
confirmation. Instead of such a direction, the court, upon application
of the personal representative, may direct the reception of sealed
bids. Thereupon the personal representative shall mail notice by
registered or certified mail to all those who have made bids on such
property, informing them that sealed bids will be received by the clerk
of the court within ten days. At the expiration of such period the
personal representative, in the presence of the clerk of the court,
shall open such bids as shall have been submitted to the clerk within
the time stated in the notice (whether by previous bidders or not) and
shall file a recommendation of the acceptance of the bid which he or
she deems best in view of the requirements of the particular estate.
The court may thereupon direct a sale to the bidder whose bid is deemed
best by the court and a sale made pursuant to such direction shall need
no confirmation: PROVIDED, HOWEVER, That the court shall consider the
net realization to the estate in determining the best bid.
Sec. 2049 RCW 11.56.180 and 1965 c 145 s 11.56.180 are each
amended to read as follows:
If the deceased person at the time of his or her death was
possessed of a contract for the purchase of lands, his or her interest
in such lands under such contract may be sold on the application of his
or her personal representative in the same manner as if he or she died
seized of such lands; and the same proceedings may be had for that
purpose as are prescribed in this title in respect to lands of which he
or she died seized, except as hereinafter provided.
Sec. 2050 RCW 11.56.210 and 1965 c 145 s 11.56.210 are each
amended to read as follows:
Upon the confirmation of such sale, the personal representative
shall execute to the purchaser an assignment of the contract and deed,
which shall vest in the purchaser, his or her heirs and assigns, all
the right, title, and interest of the persons entitled to the interest
of the deceased in the land sold at the time of the sale, and such
purchaser shall have the same rights and remedies against the vendor of
such lands as the deceased would have had if living.
Sec. 2051 RCW 11.56.230 and 1965 c 145 s 11.56.230 are each
amended to read as follows:
If it shall be made to appear to the satisfaction of the court that
it will be to the interest of the estate of any deceased person to sell
or mortgage other personal estate or to sell or mortgage other real
estate of the decedent than that mortgaged by him or her to redeem the
property so mortgaged, the court may order the sale or mortgaging of
any personal estate, or the sale or mortgaging of any real estate of
the decedent which it may deem expedient to be sold or mortgaged for
such purpose, which sale or mortgaging shall be conducted in all
respects as other sales or mortgages of like property ordered by the
court.
Sec. 2052 RCW 11.60.040 and 1965 c 145 s 11.60.040 are each
amended to read as follows:
In the case of real property, a conveyance executed under the
provisions of this title shall so refer to the order authorizing the
conveyance that the same may be readily found, but need not recite the
record in the case generally, and the conveyance made in pursuance of
such order shall pass to the grantee all the estate, right, title, and
interest contracted to be conveyed by the deceased, as fully as if the
contracting party himself or herself were still living and executed the
conveyance in pursuance of such contract.
Sec. 2053 RCW 11.60.060 and 1965 c 145 s 11.60.060 are each
amended to read as follows:
If the person entitled to performance shall die before the
commencement of the proceedings according to the provisions of this
title or before the completion of performance, any person who would
have been entitled to the performance under him or her, as heir,
devisee, or otherwise, in case the performance had been made according
to the terms of the contract, or the personal representative of such
deceased person, for the benefit of persons entitled, may commence such
proceedings, or prosecute the same if already commenced; and the
performance shall inure to the persons who would have been entitled to
it, or to the personal representative for their benefit.
Sec. 2054 RCW 11.64.008 and 1977 ex.s. c 234 s 14 are each
amended to read as follows:
The surviving partner or partners may continue in possession of the
partnership estate, pay its debts, and settle its business, and shall
account to the personal representative of the decedent and shall pay
over such balances as may, from time to time, be payable to him or her.
Sec. 2055 RCW 11.64.030 and 1977 ex.s. c 234 s 17 are each
amended to read as follows:
The surviving partner or the surviving partners jointly, shall have
the right at any time to petition the court to purchase the interests
of a deceased partner in the partnership. Upon a hearing pursuant to
such petition the court shall, in such manner as it sees fit, determine
and by order fix the value of the interest of the deceased partner over
and above all partnership debts and obligations, the price, terms, and
conditions of such sale and the period of time during which the
surviving partner or partners shall have the prior right to purchase
the interest of the deceased partner. If any such surviving partner be
also the personal representative of the estate of the deceased partner,
such fact shall not affect his or her right to purchase, or to join
with the other surviving partners to purchase such interest in the
manner hereinbefore provided.
The court shall make such orders in connection with such sale as it
deems proper or necessary to protect the estate of the deceased against
any liability for partnership debts or obligations.
Sec. 2056 RCW 11.66.010 and 1979 c 141 s 12 are each amended to
read as follows:
(1) If not less than thirty days after the death of an individual
entitled at the time of death to a monthly benefit or benefits under
Title II of the social security act, all or part of the amount of such
benefit or benefits, not in excess of one thousand dollars, is paid by
the United States to (a) the surviving spouse, (b) one or more of the
deceased's children, or descendants of his or her deceased children,
(c) the secretary of social and health services if the decedent was a
resident of a state institution at the date of death and liable for the
cost of his or her care in an amount at least as large as the amount of
such benefits, (d) the deceased's father or mother, or (e) the
deceased's brother or sister, preference being given in the order named
if more than one request for payment shall have been made by or for
such individuals, such payment shall be deemed to be a payment to the
legal representative of the decedent and shall constitute a full
discharge and release from any further claim for such payment to the
same extent as if such payment had been made to an executor or
administrator of the decedent's estate.
(2) The provisions of subsection (1) ((hereof)) of this section
shall apply only if an affidavit has been made and filed with the
United States department of health, education, and welfare by the
surviving spouse or other relative by whom or on whose behalf request
for payment is made and such affidavit shows (a) the date of death of
the deceased, (b) the relationship of the affiant to the deceased, (c)
that no executor or administrator for the deceased has qualified or
been appointed, nor to the affiant's knowledge is administration of the
deceased's estate contemplated, and (d) that, to the affiant's
knowledge, there exists at the time of the filing of such affidavit, no
relative of a closer degree of kindred to the deceased than the
affiant: PROVIDED, That the affidavit filed by the secretary of social
and health services shall meet the requirements of ((parts)) (a) and
(c) of this subsection and, in addition, show that the decedent left no
known surviving spouse or children and died while a resident of a state
institution at the date of death and liable for the cost of his or her
care in an amount at least as large as the amount of such benefits.
Sec. 2057 RCW 11.68.070 and 1977 ex.s. c 234 s 23 are each
amended to read as follows:
If any personal representative who has been granted nonintervention
powers fails to execute his or her trust faithfully or is subject to
removal for any reason specified in RCW 11.28.250 as now or hereafter
amended, upon petition of any unpaid creditor of the estate who has
filed a claim or any heir, devisee, legatee, or of any person on behalf
of any incompetent heir, devisee, or legatee, such petition being
supported by affidavit which makes a prima facie showing of cause for
removal or restriction of powers, the court shall cite such personal
representative to appear before it, and if, upon hearing of the
petition it appears that said personal representative has not
faithfully discharged said trust or is subject to removal for any
reason specified in RCW 11.28.250 as now or hereafter amended, then, in
the discretion of the court the powers of the personal representative
may be restricted or the personal representative may be removed and a
successor appointed. In the event the court shall restrict the powers
of the personal representative in any manner, it shall endorse the
words "Powers restricted" upon the original order of solvency together
with the date of said endorsement, and in all such cases the cost of
the citation, hearing, and reasonable attorney's fees may be awarded as
the court determines.
Sec. 2058 RCW 11.68.100 and 1977 ex.s. c 234 s 25 are each
amended to read as follows:
(1) When the estate is ready to be closed, the court, upon
application by the personal representative who has nonintervention
powers, shall have the authority and it shall be its duty, to make and
cause to be entered a decree which either:
(a) Finds and adjudges that all approved claims of the decedent
have been paid, finds and adjudges the heirs of the decedent or those
persons entitled to take under his or her will, and distributes the
property of the decedent to the persons entitled thereto; or
(b) Approves the accounting of the personal representative and
settles the estate of the decedent in the manner provided for in the
administration of those estates in which the personal representative
has not acquired nonintervention powers.
(2) Either decree provided for in this section shall be made after
notice given as provided for in the settlement of estates by a personal
representative who has not acquired nonintervention powers. The
petition for either decree provided for in this section shall state the
fees paid or proposed to be paid to the personal representative, his or
her attorneys, accountants, and appraisers, and any heir, devisee, or
legatee whose interest in the assets of a decedent's estate would be
reduced by the payment of said fees shall receive a copy of said
petition with the notice of hearing thereon; at the request of the
personal representative or any said heir, devisee, or legatee, the
court shall, at the time of the hearing on either petition, determine
the reasonableness of said fees. The court shall take into
consideration all criteria forming the basis for the determination of
the amount of such fees as contained in the code of professional
responsibility; in determining the reasonableness of the fees charged
by any personal representative, accountants, and appraisers the court
shall take into consideration the criteria forming the basis for the
determination of attorney's fees, to the extent applicable, and any
other factors which the court determines to be relevant in the
determination of the amount of fees to be paid to such personal
representative.
Sec. 2059 RCW 11.68.120 and 1974 ex.s. c 117 s 24 are each
amended to read as follows:
A personal representative who has acquired nonintervention powers
in accordance with this chapter shall not be deemed to have waived his
or her nonintervention powers by obtaining any order or decree during
the course of his or her administration of the estate.
Sec. 2060 RCW 11.72.002 and 1965 c 145 s 11.72.002 are each
amended to read as follows:
Upon application of the personal representative, with or without
notice as the court may direct, the court may order the personal
representative to deliver to any distributee who consents to it,
possession of any specific real or personal property to which he or she
is entitled under the terms of the will or by intestacy, provided that
other distributees and claimants are not prejudiced thereby. The court
may at any time prior to the decree of final distribution order him or
her to return such property to the personal representative, if it is
for the best interests of the estate. The court may require the
distributee to give security for such return.
Sec. 2061 RCW 11.76.010 and 1965 c 145 s 11.76.010 are each
amended to read as follows:
Not less frequently than annually from the date of qualification,
unless a final report has theretofore been rendered, the personal
representative shall make, verify by his or her oath, and file with the
clerk of the court a report of the affairs of the estate. Such report
shall contain a statement of the claims filed and allowed and all those
rejected, and if it be necessary to sell, mortgage, lease, or exchange
any property for the purpose of paying debts or settling any
obligations against the estate or expenses of administration or
allowance to the family, he or she may in such report set out the facts
showing such necessity and ask for such sale, mortgage, lease, or
exchange; such report shall likewise state the amount of property, real
and personal, which has come into his or her hands, and give a detailed
statement of all sums collected by him or her, and of all sums paid
out, and it shall state such other things and matters as may be proper
or necessary to give the court full information regarding any
transactions by him or her done or which should be done. Such personal
representative may at any time, however, make, verify, and file any
reports which in his or her judgment would be proper or which the court
may order to be made.
Sec. 2062 RCW 11.76.030 and 1965 c 145 s 11.76.030 are each
amended to read as follows:
When the estate shall be ready to be closed, such personal
representative shall make, verify, and file with the court his or her
final report and petition for distribution. Such final report and
petition shall, among other things, show that the estate is ready to be
settled and shall show any moneys collected since the previous report,
and any property which may have come into the hands of the personal
representative since his or her previous report, and debts paid, and
generally the condition of the estate at that time. It shall likewise
set out the names and addresses, as nearly as may be, of all the
legatees and devisees in the event there shall have been a will, and
the names and addresses, as nearly as may be, of all the heirs who may
be entitled to share in such estate, and shall give a particular
description of all the property of the estate remaining undisposed of,
and shall set out such other matters as may tend to inform the court of
the condition of the estate, and it may ask the court for a settlement
of the estate and distribution of property and the discharge of the
personal representative. If the personal representative has been
discharged without having legally closed the estate, without having
legally obtained an adjudication as to the heirs, or without having
legally procured a decree of distribution or final settlement the court
may in its discretion upon petition of any person interested, cause all
such steps to be taken in such estate as were omitted or defective.
Sec. 2063 RCW 11.76.040 and 1969 c 70 s 3 are each amended to
read as follows:
When such final report and petition for distribution, or either,
has been filed, the court, or the clerk of the court, shall fix a day
for hearing it which must be at least twenty days subsequent to the day
of the publication as hereinafter provided. Notice of the time and
place fixed for the hearing shall be given by the personal
representative by publishing a notice thereof in a legal newspaper
published in the county for one publication at least twenty days
preceding the time fixed for the hearing. It shall state in substance
that a final report and petition for distribution have, or either
thereof has, been filed with the clerk of the court and that the court
is asked to settle such report, distribute the property to the heirs or
persons entitled thereto, and discharge the personal representative,
and it shall give the time and place fixed for the hearing of such
final report and petition and shall be signed by the personal
representative or the clerk of the court.
Whenever a final report and petition for distribution, or either,
shall have been filed in the estate of a decedent and a day fixed for
the hearing of the same, the personal representative of such estate
shall, not less than twenty days before the hearing, cause to be mailed
a copy of the notice of the time and place fixed for hearing to each
heir, legatee, devisee and distributee whose name and address are known
to him or her, and proof of such mailing shall be made by affidavit and
filed at or before the hearing.
Sec. 2064 RCW 11.76.050 and 1965 c 145 s 11.76.050 are each
amended to read as follows:
Upon the date fixed for the hearing of such final report and
petition for distribution, or either thereof, or any day to which such
hearing may have been adjourned by the court, if the court be satisfied
that the notice of the time and place of hearing has been given as
provided herein, it may proceed to the hearing aforesaid. Any person
interested may file objections to the said report and petition for
distribution, or may appear at the time and place fixed for the hearing
thereof and present his or her objections thereto. The court may take
such testimony as to it appears proper or necessary to determine
whether the estate is ready to be settled, and whether the transactions
of the personal representative should be approved, and to determine who
are the legatees or heirs or persons entitled to have the property
distributed to them, and the court shall, if it approves such report,
and finds the estate ready to be closed, cause to be entered a decree
approving such report, find and adjudge the persons entitled to the
remainder of the estate, and that all debts have been paid, and by such
decree shall distribute the real and personal property to those
entitled to the same. Upon the production of receipts from the
beneficiaries or distributees for their portions of the estate, the
court shall, if satisfied with the correctness thereof, adjudge the
estate closed and discharge the personal representative.
The court may, upon such final hearing, partition among the persons
entitled thereto, the estate held in common and undivided, and
designate and distribute their respective shares; or assign the whole
or any part of said estate to one or more of the persons entitled to
share therein. The person or persons to whom said estate is assigned
shall pay or secure to the other parties interested in said estate
their just proportion of the value thereof as determined by the court
from the appraisement, or from any other evidence which the court may
require.
If it shall appear to the court at or prior to any final hearing
that the estate cannot be fairly divided, then the whole or any part of
said estate may be sold or mortgaged in the manner provided by law for
the sale or mortgaging of property by personal representatives and the
proceeds thereof distributed to the persons entitled thereto as
provided in the final decree.
The court shall have the authority to make partition, distribution
and settlement of all estates in any manner which to the court seems
right and proper, to the end that such estates may be administered and
distributed to the persons entitled thereto. No estate shall be
partitioned, nor sale thereof made where partition is impracticable
except upon a hearing before the court and the court shall fix the
values of the several pieces or parcels to be partitioned at the time
of making such order of partition or sale; and may order the property
sold and the proceeds distributed, or may order partition and
distribute the several pieces or parcels, subject to such charges or
burdens as shall be proper and equitable.
The provisions of this section shall be concurrent with and not in
derogation of other statutes as to partition of property or sale.
Sec. 2065 RCW 11.76.060 and 1965 c 145 s 11.76.060 are each
amended to read as follows:
If, at any hearing upon any report of any personal representative,
it shall appear to the court before which said proceeding is pending
that said personal representative has not fully accounted to the
beneficiaries of his or her trust and that said report should not be
approved as rendered, the court may continue said hearing to a day
certain and may cite the surety upon the bond of said personal
representative to appear upon the date fixed in said citation and show
cause why the account should not be disapproved and judgment entered
for any deficiency against said personal representative and the surety
upon his or her bond. Said citation shall be personally served upon
said surety in the manner provided by law for the service of summons in
civil actions and shall be served not less than twenty days previous to
said hearing. At said hearing any interested party, including the
surety so cited, shall have the right to introduce any evidence which
shall be material to the matter before the court. If, at said hearing,
the report of said personal representative shall not be approved and
the court shall find that said personal representative is indebted to
the beneficiary of his or her trust in any amount, the court may
thereupon enter final judgment against said personal representative and
the surety upon his or her bond, which judgment shall be enforceable in
the same manner and to the same extent as judgments in ordinary civil
actions.
Sec. 2066 RCW 11.76.070 and 1965 c 145 s 11.76.070 are each
amended to read as follows:
If, in any probate or guardianship proceeding, any personal
representative shall fail or neglect to report to the court concerning
his or her trust and any beneficiary or other interested party shall be
reasonably required to employ legal counsel to institute legal
proceedings to compel an accounting, or if an erroneous account or
report shall be rendered by any personal representative and any
beneficiary of said trust or other interested party shall be reasonably
required to employ legal counsel to resist said account or report as
rendered, and upon a hearing an accounting shall be ordered, or the
account as rendered shall not be approved, and the said personal
representative shall be charged with further liability, the court
before which said proceeding is pending may, in its discretion, in
addition to statutory costs, enter judgment for reasonable attorney's
fees in favor of the person or persons instituting said proceedings and
against said personal representative, and in the event that the surety
or sureties upon the bond of said personal representative be made a
party to said proceeding, then jointly against said surety and said
personal representative, which judgment shall be enforced in the same
manner and to the same extent as judgments in ordinary civil actions.
Sec. 2067 RCW 11.76.100 and 1987 c 363 s 2 are each amended to
read as follows:
In rendering his or her accounts or reports the personal
representative shall produce receipts or canceled checks for the
expenses and charges which he or she shall have paid, which receipts
shall be filed and remain in court until the probate has been completed
and the personal representative has been discharged; however, he or she
may be allowed any item of expenditure, not exceeding twenty dollars,
for which no receipt is produced, if such item be supported by his or
her own oath, but such allowances without receipts shall not exceed the
sum of three hundred dollars in any one estate.
Sec. 2068 RCW 11.76.110 and 1965 c 145 s 11.76.110 are each
amended to read as follows:
After payment of costs of administration the debts of the estate
shall be paid in the following order:
(1) Funeral expenses in such amount as the court shall order.
(2) Expenses of the last sickness, in such amount as the court
shall order.
(3) Wages due for labor performed within sixty days immediately
preceding the death of decedent.
(4) Debts having preference by the laws of the United States.
(5) Taxes, or any debts or dues owing to the state.
(6) Judgments rendered against the deceased in his or her lifetime
which are liens upon real estate on which executions might have been
issued at the time of his or her death, and debts secured by mortgages
in the order of their priority.
(7) All other demands against the estate.
Sec. 2069 RCW 11.76.150 and 1965 c 145 s 11.76.150 are each
amended to read as follows:
If the estate shall be insufficient to pay the debts of any class,
each creditor shall be paid in proportion to his or her claim, and no
other creditor of any lower class shall receive any payment until all
those of the preceding class shall have been fully paid.
Sec. 2070 RCW 11.76.160 and 1965 c 145 s 11.76.160 are each
amended to read as follows:
Whenever a decree shall have been made by the court for the payment
of creditors, the personal representative shall be personally liable to
each creditor for his or her claim or the dividend thereon, except when
his or her inability to make the payment thereof from the property of
the estate shall result without fault upon his or her part. The
personal representative shall likewise be liable on his or her bond to
each creditor.
Sec. 2071 RCW 11.76.170 and 1965 c 145 s 11.76.170 are each
amended to read as follows:
If, after the accounts of the personal representative have been
settled and the property distributed, it shall appear that there is a
creditor or creditors whose claim or claims have been duly filed and
not paid or disallowed, the said claim or claims shall not be a lien
upon any of the property distributed, but the said creditor or
creditors shall have a cause of action against the personal
representative and his or her bond, for such an amount as such creditor
or creditors would have been entitled to receive had the said claim
been duly allowed and paid, and shall also have a cause of action
against the distributees and creditors for a contribution from them in
proportion to the amount which they have received. If the personal
representative or his or her sureties be required to make any payment
in this section provided for, he or she or they shall have a right of
action against said distributees and creditors to compel them to
contribute their just share.
Sec. 2072 RCW 11.76.190 and 1965 c 145 s 11.76.190 are each
amended to read as follows:
If there be any contingent or disputed claim against the estate,
the amount thereof, or such part thereof as the holder would be
entitled to, if the claim were established or absolute, shall be paid
into the court, where it shall remain to be paid over to the party when
he or she shall become entitled thereto; or if he or she fails to
establish his or her claim, to be paid over or distributed as the
circumstances of the case may require.
Sec. 2073 RCW 11.76.210 and 1965 c 145 s 11.76.210 are each
amended to read as follows:
Such agent shall make, subscribe and file an oath for the faithful
performance of his or her duties, and shall give a bond to the state,
to be approved by the court, conditioned faithfully to manage and
account for such estate, before he or she shall be authorized to
receive any property of said estate.
Sec. 2074 RCW 11.76.230 and 1965 c 145 s 11.76.230 are each
amended to read as follows:
The agent shall be liable on his or her bond for the care and
preservation of the estate while in his or her hands, and for the
payment of the funds to the county treasury, and may be sued thereon by
any person interested including the state.
Sec. 2075 RCW 11.76.240 and 1975 1st ex.s. c 278 s 11 are each
amended to read as follows:
During the time the estate is held by the agent, or within four
years after it is delivered to the county treasury, claim may be made
thereto only by the absentee person or his or her legal representative,
excepting that if it clearly appears that such person died prior to the
decedent in whose estate distribution was made to him or her, but
leaving lineal descendants surviving, such lineal descendants may
claim. If any claim to the estate is made during the period specified
above, the claimant shall forthwith notify the department of revenue in
writing of such claim. The court, being first satisfied as to the
right of such person to the estate, and after the filing of a clearance
from the department of revenue, shall order the agent, or the county
treasurer, as the case may be, to forthwith deliver the estate, or the
proceeds thereof, if sold, to such person.
Sec. 2076 RCW 11.76.243 and 1965 c 145 s 11.76.243 are each
amended to read as follows:
If no person appears to claim the estate within four years after it
is delivered to the county treasury, as provided by RCW 11.76.240, any
heirs of the absentee person may institute probate proceedings on the
estate of such absentee within ninety days thereafter. The fact that
no claim has been made to the estate by the absentee person during the
specified time shall be deemed prima facie proof of the death of such
person for the purpose of issuing letters of administration in his or
her estate. In the event letters of administration are issued within
the period provided above, the county treasurer shall make payment of
the funds held by him or her to the administrator upon being furnished
a certified copy of the letters of administration.
Sec. 2077 RCW 11.76.245 and 1975 1st ex.s. c 278 s 12 are each
amended to read as follows:
After any time limitation prescribed in RCW 11.76.220, 11.76.240 or
11.76.243, the absentee claimant may, at any time, if the assets of the
estate have not been claimed under the provisions of RCW 11.76.240 and
11.76.243, notify the department of revenue of his or her claim to the
estate, and file in the court which had jurisdiction of the original
probate a petition claiming the assets of the estate. The department
of revenue may appear in answer to such petition. Upon proof being
made to the probate court that the claimant is entitled to the estate
assets, the court shall render its judgment to that effect and the
assets shall be paid to the claimant without interest, upon
appropriation made by the legislature.
Sec. 2078 RCW 11.80.020 and 1967 c 168 s 15 are each amended to
read as follows:
The trustee so appointed shall make, subscribe and file in the
office of the clerk of the court an oath for the faithful performance
of his or her duties, and shall, within such time as may be fixed by
the judge, prepare and file an inventory of such property, and the
judge shall thereupon appoint a disinterested and qualified person to
appraise such property, and report his or her appraisement to the court
within such time as the court may fix. Upon the coming in of the
inventory and appraisement, the judge shall fix the amount of the bond
to be given by the trustee, which bond shall in no case be less than
the appraised value of the personal property and the annual rents and
profits of the real property, and the trustee shall thereupon file with
the clerk of the court a good and sufficient bond in the amount fixed
and with surety to be approved by the court, conditioned for the
faithful performance of his or her duties as trustee, and for
accounting for such property, its rents, issues, profits, and increase.
Sec. 2079 RCW 11.80.030 and 1965 c 145 s 11.80.030 are each
amended to read as follows:
The trustee shall, at the expiration of one year from the date of
his or her appointment and annually thereafter and at such times as the
court may direct, make and file a report and account of his or her
trusteeship, setting forth specifically the amounts received and
expended and the conditions of the property.
Sec. 2080 RCW 11.80.040 and 1965 c 145 s 11.80.040 are each
amended to read as follows:
If necessary to pay debts against the absentee which have been duly
approved and allowed in the same form and manner as provided for the
approving and allowing of claims against the estate of a deceased
person or for such other purpose as the court may deem proper for the
preservation of the estate, the trustee may sell, lease, or mortgage
real or personal property of the estate under order of the court so to
do, which order shall specify the particular property affected and the
method, whether by public sale, private sale, or by negotiation, and
the terms thereof, and the trustee shall hold the proceeds of such
sale, after deducting the necessary expenses thereof, subject to the
order of the court. The trustee is authorized and empowered to, by
order of the court, expend the proceeds received from the sale of such
property, and also the rents, issues, and profits accruing therefrom in
the care, maintenance, and upkeep of the property, so long as the
trusteeship shall continue, and the trustee shall receive out of such
property such compensation for his or her services and those of his or
her attorney as may be fixed by the court. The notices and procedures
in conducting sales, leases, and mortgages hereunder shall be as
provided in chapter 11.56 RCW.
Sec. 2081 RCW 11.80.060 and 1965 c 145 s 11.80.060 are each
amended to read as follows:
The court shall have the power to remove or to accept the
resignation of such trustee and appoint another in his or her stead.
At the termination of his or her trust, as hereinafter provided or in
case of his or her resignation or removal, the trustee shall file a
final account, which account shall be settled in the manner provided by
law for settling the final accounts of personal representatives.
Sec. 2082 RCW 11.80.080 and 1965 c 145 s 11.80.080 are each
amended to read as follows:
Whenever the owner of such property shall have been absent from the
county for the space of five years and his or her whereabouts are
unknown and cannot with reasonable diligence be ascertained, his or her
presumptive heirs at law may apply to the court for an order of
provisional distribution of such property, and to be let into
provisional possession thereof: PROVIDED, That such provisional
distribution may be made at any time prior to the expiration of five
years, when it shall be made to appear to the satisfaction of the court
that there are strong presumptions that the absentee is dead; and in
determining the question of presumptive death, the court shall take
into consideration the habits of the absentee, the motives of and the
circumstances surrounding the absence, and the reasons which may have
prevented the absentee from being heard of.
Notice of hearing upon application for provisional distribution
shall be published in like manner as notices for the appointment of
trustees are published.
If the absentee left a will in the possession of any person such
person shall present such will at the time of hearing of the
application for provisional distribution and if it shall be made to
appear to the court that the absentee has left a will and the person in
possession thereof shall fail to present it, a citation shall issue
requiring him or her so to do, and such will shall be opened, read,
proven, filed, and recorded in the case, as are the wills of decedents.
Sec. 2083 RCW 11.80.090 and 1965 c 145 s 11.80.090 are each
amended to read as follows:
If it shall appear to the satisfaction of the court upon the
hearing of the application for provisional distribution that the
absentee has been absent and his or her whereabouts unknown for the
space of five years, or there are strong presumptions that he or she is
dead, the court shall enter an order directing that the property in the
hands of the trustee shall be provisionally distributed to the
presumptive heirs, or to the devisees and legatees under the will, as
the case may be, upon condition that such heirs, devisees, and legatees
respectively give and file in the court bonds with good and sufficient
surety to be approved by the court, conditioned for the return of or
accounting for the property provisionally distributed in case the
absentee shall return and demand the same, which bonds shall be
respectively in twice the amount of the value of the personal property
distributed, and in ten times the amount of estimated annual rents,
issues, and profits of any real property so provisionally distributed.
Sec. 2084 RCW 11.80.100 and 1965 c 145 s 11.80.100 are each
amended to read as follows:
Whenever the owner of such property shall have been absent from the
county for a space of seven years and his or her whereabouts are
unknown and cannot with reasonable diligence be ascertained, his or her
presumptive heirs at law or the legatees and devisees under the will,
as the case may be, to whom the property has been provisionally
distributed, may apply to the court for a decree of final distribution
of such property and satisfaction, discharge and exoneration of the
bonds given upon provisional distribution. Notice of hearing of such
application shall be given in the same manner as notice of hearing of
application for the appointment of trustee and for provisional
distribution and if at the final hearing it shall appear to the
satisfaction of the court that the owner of the property has been
absent and unheard of for the space of seven years and his or her
whereabouts are unknown, the court shall exonerate the bonds given on
provisional distribution and enter a decree of final distribution,
distributing the property to the presumptive heirs at law of the
absentee or to his or her devisees and legatees, as the case may be.
Sec. 2085 RCW 11.80.110 and 1965 c 145 s 11.80.110 are each
amended to read as follows:
Whenever the owner of such property for which a trustee has been
appointed under the provisions of this chapter shall have been absent
and unheard of for a period of seven years and no presumptive heirs at
law have appeared and applied for the provisional distribution of such
property and no will of the absentee has been presented and proven, the
trustee appointed under the provisions of the chapter shall apply to
the court for a final settlement of his or her account and upon the
settlement of such final account the property of the absentee shall be
escheated in the manner provided by law for escheating property of
persons who die intestate leaving no heirs.
Sec. 2086 RCW 11.84.060 and 1965 c 145 s 11.84.060 are each
amended to read as follows:
Property in which the slayer holds a reversion or vested remainder
and would have obtained the right of present possession upon the death
of the decedent shall pass to the estate of the decedent during the
period of the life expectancy of decedent; if he or she held the
particular estate or if the particular estate is held by a third person
it shall remain in his or her hands for such period.
Sec. 2087 RCW 11.84.900 and 1998 c 292 s 503 are each amended to
read as follows:
This chapter shall be construed broadly to effect the policy of
this state that no person shall be allowed to profit by his or her own
wrong, wherever committed.
Sec. 2088 RCW 11.88.100 and 1990 c 122 s 10 are each amended to
read as follows:
Before letters of guardianship are issued, each guardian or limited
guardian shall take and subscribe an oath and, unless dispensed with by
order of the court as provided in RCW 11.88.105, file a bond, with
sureties to be approved by the court, payable to the state, in such sum
as the court may fix, taking into account the character of the assets
on hand or anticipated and the income to be received and disbursements
to be made, and such bond shall be conditioned substantially as
follows:
The condition of this obligation is such, that if the above bound
A.B., who has been appointed guardian or limited guardian for C.D.,
shall faithfully discharge the office and trust of such guardian or
limited guardian according to law and shall render a fair and just
account of his or her guardianship or limited guardianship to the
superior court of the county of . . . . . ., from time to time as he or
she shall thereto be required by such court, and comply with all orders
of the court, lawfully made, relative to the goods, chattels, moneys,
care, management, and education of such incapacitated person, or his or
her property, and render and pay to such incapacitated person all
moneys, goods, chattels, title papers, and effects which may come into
the hands or possession of such guardian or limited guardian, at such
time and in such manner as the court may order, then this obligation
shall be void, otherwise it shall remain in effect.
The bond shall be for the use of the incapacitated person, and
shall not become void upon the first recovery, but may be put in suit
from time to time against all or any one of the obligors, in the name
and for the use and benefit of any person entitled by the breach
thereof, until the whole penalty is recovered thereon. The court may
require an additional bond whenever for any reason it appears to the
court that an additional bond should be given.
In all guardianships or limited guardianships of the person, and in
all guardianship or limited guardianships of the estate, in which the
petition alleges that the alleged incapacitated person has total assets
of a value of less than three thousand dollars, the court may dispense
with the requirement of a bond pending filing of an inventory
confirming that the estate has total assets of less than three thousand
dollars: PROVIDED, That the guardian or limited guardian shall swear
to report to the court any changes in the total assets of the
incapacitated person increasing their value to over three thousand
dollars: PROVIDED FURTHER, That the guardian or limited guardian shall
file a yearly statement showing the monthly income of the incapacitated
person if said monthly income, excluding moneys from state or federal
benefits, is over the sum of five hundred dollars per month for any
three consecutive months.
Sec. 2089 RCW 11.88.150 and 1990 c 122 s 18 are each amended to
read as follows:
(1) Upon the death of an incapacitated person, a guardian or
limited guardian of the estate shall have authority to disburse or
commit those funds under the control of the guardian or limited
guardian as are prudent and within the means of the estate for the
disposition of the deceased incapacitated person's remains. Consent
for such arrangement shall be secured according to RCW 68.50.160. If
no person authorized by RCW 68.50.150 accepts responsibility for giving
consent, the guardian or limited guardian of the estate may consent,
subject to the provisions of this section and to the known directives
of the deceased incapacitated person. Reasonable financial commitments
made by a guardian or limited guardian pursuant to this section shall
be binding against the estate of the deceased incapacitated person.
(2) Upon the death of an incapacitated person intestate the
guardian or limited guardian of his or her estate has power under the
letters issued to him or her and subject to the direction of the court
to administer the estate as the estate of the deceased incapacitated
person without further letters unless within forty days after death of
the incapacitated person a petition is filed for letters of
administration or for letters testamentary and the petition is granted.
If the guardian or limited guardian elects to administer the estate
under his or her letters of guardianship or limited guardianship, he or
she shall petition the court for an order transferring the guardianship
or limited guardianship proceeding to a probate proceeding, and upon
court approval, the clerk of the court shall re-index the cause as a
decedent's estate, using the same file number which was assigned to the
guardianship or limited guardianship proceeding. The guardian or
limited guardian shall then be authorized to continue administration of
the estate without the necessity for any further petition or hearing.
Notice to creditors and other persons interested in the estate shall be
published and may be combined with the notice of the guardian's or
limited guardian's final account. This notice shall be given and
published in the manner provided in chapter 11.40 RCW. Upon the
hearing, the account may be allowed and the balance distributed to the
persons entitled thereto, after the payment of such claims as may be
allowed. Liability on the guardian's or limited guardian's bond shall
continue until exonerated on settlement of his or her account, and may
apply to the complete administration of the estate of the deceased
incapacitated person with the consent of the surety. If letters of
administration are granted upon petition filed within forty days after
the death of the incapacitated person, the personal representative
shall supersede the guardian or limited guardian in the administration
of the estate and the estate shall be administered as a decedent's
estate as provided in this title, including the publication of notice
to creditors and other interested persons and the barring of creditors
claims.
Sec. 2090 RCW 11.92.115 and 1990 c 122 s 30 are each amended to
read as follows:
The guardian or limited guardian making any sale of real estate,
either at public or private sale or sale by negotiation, shall within
ten days after making such sale file with the clerk of the court his or
her return of such sale, the same being duly verified. At any time
after the expiration of ten days from the filing of such return, the
court may, without notice, approve and confirm such sale and direct
proper instruments of transfer to be executed and delivered. Upon the
confirmation of any such sale, the court shall direct the guardian or
limited guardian to make, execute and deliver instruments conveying the
title to the person to whom such property may be sold and such
instruments of conveyance shall be deemed to convey all the estate,
rights and interest of the incapacitated person and of the person's
estate. In the case of a sale by negotiation the guardians or limited
guardians shall publish a notice in one issue of a legal newspaper
published in the county in which the estate is being administered; the
substance of such notice shall include the legal description of the
property sold, the selling price and the date after which the sale may
be confirmed: PROVIDED, That such confirmation date shall be at least
ten days after such notice is published.
Sec. 2091 RCW 11.98.070 and 2002 c 66 s 1 are each amended to
read as follows:
A trustee, or the trustees jointly, of a trust, in addition to the
authority otherwise given by law, have discretionary power to acquire,
invest, reinvest, exchange, sell, convey, control, divide, partition,
and manage the trust property in accordance with the standards provided
by law, and in so doing may:
(1) Receive property from any source as additions to the trust or
any fund of the trust to be held and administered under the provisions
of the trust;
(2) Sell on credit;
(3) Grant, purchase or exercise options;
(4) Sell or exercise subscriptions to stock or other corporate
securities and to exercise conversion rights;
(5) Deposit stock or other corporate securities with any protective
or other similar committee;
(6) Assent to corporate sales, leases, and encumbrances;
(7) Vote trust securities in person or by proxy with power of
substitution; and enter into voting trusts;
(8) Register and hold any stocks, securities, or other property in
the name of a nominee or nominees without mention of the trust
relationship, provided the trustee or trustees are liable for any loss
occasioned by the acts of any nominee, except that this subsection
shall not apply to situations covered by subsection (31) of this
section;
(9) Grant leases of trust property, with or without options to
purchase or renew, to begin within a reasonable period and for terms
within or extending beyond the duration of the trust, for any purpose
including exploration for and removal of oil, gas and other minerals;
enter into community oil leases, pooling and unitization agreements;
(10) Subdivide, develop, dedicate to public use, make or obtain the
vacation of public plats, adjust boundaries, partition real property,
and on exchange or partition to adjust differences in valuation by
giving or receiving money or money's worth;
(11) Compromise or submit claims to arbitration;
(12) Borrow money, secured or unsecured, from any source, including
a corporate trustee's banking department, or from the individual
trustee's own funds;
(13) Make loans, either secured or unsecured, at such interest as
the trustee may determine to any person, including any beneficiary of
a trust, except that no trustee who is a beneficiary of a trust may
participate in decisions regarding loans to such beneficiary from the
trust, unless the loan is as described in RCW 83.110.020(2), and then
only to the extent of the loan, and also except that if a beneficiary
or the grantor of a trust has the power to change a trustee of the
trust, the power to loan shall be limited to loans at a reasonable rate
of interest and for adequate security;
(14) Determine the hazards to be insured against and maintain
insurance for them;
(15) Select any part of the trust estate in satisfaction of any
partition or distribution, in kind, in money or both; make nonpro rata
distributions of property in kind; allocate particular assets or
portions of them or undivided interests in them to any one or more of
the beneficiaries without regard to the income tax basis of specific
property allocated to any beneficiary and without any obligation to
make an equitable adjustment;
(16) Pay any income or principal distributable to or for the use of
any beneficiary, whether that beneficiary is under legal disability, to
the beneficiary or for the beneficiary's use to the beneficiary's
parent, guardian, custodian under the uniform gifts to minors act of
any state, person with whom he or she resides, or third person;
(17) Change the character of or abandon a trust asset or any
interest in it;
(18) Mortgage, pledge the assets or the credit of the trust estate,
or otherwise encumber trust property, including future income, whether
an initial encumbrance or a renewal or extension of it, for a term
within or extending beyond the term of the trust, in connection with
the exercise of any power vested in the trustee;
(19) Make ordinary or extraordinary repairs or alterations in
buildings or other trust property, demolish any improvements, raze
existing structures, and make any improvements to trust property;
(20) Create restrictions, easements, including easements to public
use without consideration, and other servitudes;
(21) Manage any business interest, including any farm or ranch
interest, regardless of form, received by the trustee from the trustor
of the trust, as a result of the death of a person, or by gratuitous
transfer from any other transferor, and with respect to the business
interest, have the following powers:
(a) To hold, retain, and continue to operate that business interest
solely at the risk of the trust, without need to diversify and without
liability on the part of the trustee for any resulting losses;
(b) To enlarge or diminish the scope or nature or the activities of
any business;
(c) To authorize the participation and contribution by the business
to any employee benefit plan, whether or not qualified as being tax
deductible, as may be desirable from time to time;
(d) To use the general assets of the trust for the purpose of the
business and to invest additional capital in or make loans to such
business;
(e) To endorse or guarantee on behalf of the trust any loan made to
the business and to secure the loan by the trust's interest in the
business or any other property of the trust;
(f) To leave to the discretion of the trustee the manner and degree
of the trustee's active participation in the management of the
business, and the trustee is authorized to delegate all or any part of
the trustee's power to supervise, manage, or operate to such persons as
the trustee may select, including any partner, associate, director,
officer, or employee of the business; and also including electing or
employing directors, officers, or employees of the trustee to take part
in the management of the business as directors or officers or
otherwise, and to pay that person reasonable compensation for services
without regard to the fees payable to the trustee;
(g) To engage, compensate, and discharge or to vote for the
engaging, compensating, and discharging of managers, employees, agents,
lawyers, accountants, consultants, or other representatives, including
anyone who may be a beneficiary of the trust or any trustee;
(h) To cause or agree that surplus be accumulated or that dividends
be paid;
(i) To accept as correct financial or other statements rendered by
any accountant for any sole proprietorship or by any partnership or
corporation as to matters pertaining to the business except upon actual
notice to the contrary;
(j) To treat the business as an entity separate from the trust, and
in any accounting by the trustee it is sufficient if the trustee
reports the earning and condition of the business in a manner
conforming to standard business accounting practice;
(k) To exercise with respect to the retention, continuance, or
disposition of any such business all the rights and powers that the
trustor of the trust would have if alive at the time of the exercise,
including all powers as are conferred on the trustee by law or as are
necessary to enable the trustee to administer the trust in accordance
with the instrument governing the trust, subject to any limitations
provided for in the instrument; and
(l) To satisfy contractual and tort liabilities arising out of an
unincorporated business, including any partnership, first out of the
business and second out of the estate or trust, but in no event may
there be a liability of the trustee, except as provided in RCW
11.98.110 (2) and (4), and if the trustee is liable, the trustee is
entitled to indemnification from the business and the trust,
respectively;
(22) Participate in the establishment of, and thereafter in the
operation of, any business or other enterprise according to subsection
(21) of this section except that the trustee shall not be relieved of
the duty to diversify;
(23) Cause or participate in, directly or indirectly, the
formation, reorganization, merger, consolidation, dissolution, or other
change in the form of any corporate or other business undertaking where
trust property may be affected and retain any property received
pursuant to the change;
(24) Limit participation in the management of any partnership and
act as a limited or general partner;
(25) Charge profits and losses of any business operation, including
farm or ranch operation, to the trust estate as a whole and not to the
trustee; make available to or invest in any business or farm operation
additional moneys from the trust estate or other sources;
(26) Pay reasonable compensation to the trustee or co-trustees
considering all circumstances including the time, effort, skill, and
responsibility involved in the performance of services by the trustee;
(27) Employ persons, including lawyers, accountants, investment
advisors, or agents, even if they are associated with the trustee, to
advise or assist the trustee in the performance of the trustee's duties
or to perform any act, regardless of whether the act is discretionary,
and to act without independent investigation upon their
recommendations, except that:
(a) A trustee may not delegate all of the trustee's duties and
responsibilities;
(b) This power to employ and to delegate duties does not relieve
the trustee of liability for such person's discretionary acts, that, if
done by the trustee, would result in liability to the trustee;
(c) This power to employ and to delegate duties does not relieve
the trustee of the duty to select and retain a person with reasonable
care;
(d) The trustee, or a successor trustee, may sue the person to
collect any damages suffered by the trust estate even though the
trustee might not be personally liable for those damages, subject to
the statutes of limitation that would have applied had the claim been
one against the trustee who was serving when the act or failure to act
occurred;
(28) Appoint an ancillary trustee or agent to facilitate management
of assets located in another state or foreign country;
(29) Retain and store such items of tangible personal property as
the trustee selects and pay reasonable storage charges thereon from the
trust estate;
(30) Issue proxies to any adult beneficiary of a trust for the
purpose of voting stock of a corporation acting as the trustee of the
trust;
(31) Place all or any part of the securities at any time held by
the trustee in the care and custody of any bank, trust company, or
member firm of the New York Stock Exchange with no obligation while the
securities are so deposited to inspect or verify the same and with no
responsibility for any loss or misapplication by the bank, trust
company, or firm, so long as the bank, trust company, or firm was
selected and retained with reasonable care, and have all stocks and
registered securities placed in the name of the bank, trust company, or
firm, or in the name of its nominee, and to appoint such bank, trust
company, or firm agent as attorney to collect, receive, receipt for,
and disburse any income, and generally may perform, but is under no
requirement to perform, the duties and services incident to a so-called
"custodian" account;
(32) Determine at any time that the corpus of any trust is
insufficient to implement the intent of the trust, and upon this
determination by the trustee, terminate the trust by distribution of
the trust to the current income beneficiary or beneficiaries of the
trust or their legal representatives, except that this determination
may only be made by the trustee if the trustee is neither the grantor
nor the beneficiary of the trust, and if the trust has no charitable
beneficiary;
(33) Continue to be a party to any existing voting trust agreement
or enter into any new voting trust agreement or renew an existing
voting trust agreement with respect to any assets contained in trust;
and
(34)(a) Donate a qualified conservation easement, as defined by
section 2031(c) of the internal revenue code, on any real property, or
consent to the donation of a qualified conservation easement on any
real property by a personal representative of an estate of which the
trustee is a devisee, to obtain the benefit of the estate tax exclusion
allowed under section 2031(c) of the internal revenue code or the
deduction allowed under section 2055(f) of the internal revenue code as
long as:
(i)(A) The governing instrument authorizes the donation of a
qualified conservation easement on the real property; or
(B) Each beneficiary that may be affected by the qualified
conservation easement consents to the donation under the provisions of
chapter 11.96A RCW; and
(ii) The donation of a qualified conservation easement will not
result in the insolvency of the decedent's estate.
(b) The authority granted under this subsection includes the
authority to amend a previously donated qualified conservation
easement, as defined under section 2031(c)(8)(B) of the internal
revenue code, and to amend a previously donated unqualified
conservation easement for the purpose of making the easement a
qualified conservation easement under section 2031(c)(8)(B).
Sec. 2092 RCW 11.106.030 and 1985 c 30 s 97 are each amended to
read as follows:
In addition to the statement required by RCW 11.106.020 any such
trustee or trustees whenever it or they so desire, may file in the
superior court of the county in which the trustees or one of the
trustees resides an intermediate account under oath showing:
(1) The period covered by the account;
(2) The total principal with which the trustee is chargeable
according to the last preceding account or the inventory if there is no
preceding account;
(3) An itemized statement of all principal funds received and
disbursed during such period;
(4) An itemized statement of all income received and disbursed
during such period, unless waived;
(5) The balance of such principal and income remaining at the close
of such period and how invested;
(6) The names and addresses of all living beneficiaries, including
contingent beneficiaries, of the trust, and a statement as to any such
beneficiary known to be under legal disability;
(7) A description of any possible unborn or unascertained
beneficiary and his or her interest in the trust fund.
After the time for termination of the trust has arrived, the
trustee or trustees may also file a final account in similar manner.
Sec. 2093 RCW 11.110.100 and 1985 c 30 s 123 are each amended to
read as follows:
The attorney general may investigate transactions and relationships
of trustees and other persons subject to this chapter for the purpose
of determining whether the trust or other relationship is administered
according to law and the terms and purposes of the trust, or to
determine compliance with this chapter in any other respect. He or she
may require any officer, agent, trustee, fiduciary, beneficiary, or
other person, to appear, at a time and place designated by the attorney
general in the county where the person resides or is found, to give
information under oath and to produce books, memoranda, papers,
documents of title, and evidence of assets, liabilities, receipts, or
disbursements in the possession or control of the person ordered to
appear.
Sec. 2094 RCW 11.110.110 and 1988 c 202 s 20 are each amended to
read as follows:
When the attorney general requires the attendance of any person, as
provided in RCW 11.110.100, he or she shall issue an order setting
forth the time when and the place where attendance is required and
shall cause the same to be delivered to or sent by registered mail to
the person at least fourteen days before the date fixed for attendance.
Such order shall have the same force and effect as a subpoena, and,
upon application of the attorney general, obedience to the order may be
enforced by any superior court judge in the county where the person
receiving it resides or is found, in the same manner as though the
notice were a subpoena. The court, after hearing, for good cause, and
upon application of any person aggrieved by the order, shall have the
right to alter, amend, revise, suspend, or postpone all or any part of
its provisions. In any case where the order is not enforced by the
court according to its terms, the reasons for the court's actions shall
be clearly stated in the record, and shall be subject to review by the
supreme court or the court of appeals.
Sec. 2095 RCW 11.110.120 and 1999 c 42 s 632 are each amended to
read as follows:
The attorney general may institute appropriate proceedings to
secure compliance with this chapter and to secure the proper
administration of any trust or other relationship to which this chapter
applies. He or she shall be notified of all judicial proceedings
involving or affecting the charitable trust or its administration in
which, at common law, he or she is a necessary or proper party as
representative of the public beneficiaries. The notification shall be
given as provided in RCW 11.96A.110, but this notice requirement may be
waived at the discretion of the attorney general. The powers and
duties of the attorney general provided in this chapter are in addition
to his or her existing powers and duties, and are not to be construed
to limit or to restrict the exercise of the powers or the performance
of the duties of the attorney general or of any prosecuting attorney
which they may exercise or perform under any other provision of law.
Except as provided herein, nothing in this chapter shall impair or
restrict the jurisdiction of any court with respect to any of the
matters covered by it.
Sec. 3001 RCW 12.04.020 and Code 1881 s 1713 are each amended to
read as follows:
A party desiring to commence an action before a justice of the
peace, for the recovery of a debt by summons, shall file his or her
claim with the justice of the peace, verified by his or her own oath,
or that of his or her agent or attorney, and thereupon the justice of
the peace shall, on payment of his or her fees, if demanded, issue a
summons to the opposite party, which summons shall be in the following
form, or as nearly as the case will admit, viz:
Sec. 3002 RCW 12.04.030 and Code 1881 s 1714 are each amended to
read as follows:
Any person desiring to commence an action before a justice of the
peace, by the service of a complaint and notice, can do so by filing
his or her complaint verified by his or her own oath or that of his or
her agent or attorney with the justice, and when such complaint is so
filed, upon payment of his or her fees if demanded, the justice shall
attach thereto a notice, which shall be substantially as follows:
Sec. 3003 RCW 12.04.040 and 1925 ex.s. c 181 s 1 are each amended
to read as follows:
The complaint and notice shall be served at least five days before
the time mentioned in the notice for the defendant to appear and answer
the complaint, by delivering to the defendant, or leaving at his or her
place of abode, with some person over twelve years of age, a true copy
of the complaint and notice.
Sec. 3004 RCW 12.04.060 and 1909 c 132 s 1 are each amended to
read as follows:
All process in actions and proceedings in justice courts, having a
salaried constable, when served by an officer, shall be served by such
constable or by the sheriff of the county or his or her duly appointed
deputy; and all fees for such service shall be paid into the county
treasury.
Sec. 3005 RCW 12.04.070 and 1959 c 99 s 1 are each amended to
read as follows:
Every constable or sheriff serving process or complaint and notice
shall return in writing, the time, manner, and place of service and
indorse thereon the legal fees therefor and shall sign his or her name
to such return, and any person other than one of said officers serving
summons or complaint and notice shall file with the justice his or her
affidavit, stating the time, place, and manner of the service of such
summons or notice and complaint and shall indorse thereon the legal
fees therefor.
Sec. 3006 RCW 12.04.080 and 1971 ex.s. c 292 s 12 are each
amended to read as follows:
Any justice may, by appointment in writing, authorize any person
other than the parties to the proceeding, or action, to serve any
subpoena, summons, or notice and complaint issued by such justice; and
any such person making such service shall return on such process or
paper, in writing, the time and manner of service, and shall sign his
or her name to such return, and be entitled to like fees for making
such service as a sheriff or constable, and shall indorse his or her
fees for service thereon: PROVIDED, It shall not be lawful for any
justice to issue process or papers to any person but a regularly
qualified sheriff or constable, in any precinct where such officers
reside, unless from sickness or some other cause said sheriff or
constable is not able to serve the same: PROVIDED FURTHER, That it
shall be lawful for notice and complaint or summons in a civil action
in the justice court to be served by any person eighteen years of age
or over and not a party to the action in which the summons or notice
and complaint shall be issued without previous appointment by the
justice.
Sec. 3007 RCW 12.04.090 and Code 1881 s 1719 are each amended to
read as follows:
Proof of service in either of the above cases shall be as follows:
When made by a constable or sheriff his or her return signed by him or
her and indorsed on the paper or process. When made by any person
other than such officer, then by the affidavit of the person making the
service.
Sec. 3008 RCW 12.04.110 and Code 1881 s 1721 are each amended to
read as follows:
Proof of service, in case of publication, shall be the affidavit of
the publisher, printer, ((foreman)) foreperson, or principal clerk,
showing the same.
Sec. 3009 RCW 12.04.120 and Code 1881 s 1722 are each amended to
read as follows:
The written admission of the defendant, his or her agent or
attorney, indorsed upon any summons, complaint and notice, or other
paper, shall be complete proof of service in any case.
Sec. 3010 RCW 12.04.160 and 1957 c 89 s 1 are each amended to
read as follows:
The parties shall be entitled to one hour in which to make their
appearance after the time mentioned in the summons or notice for
appearance, but shall not be required to remain longer than that time,
unless both parties appear; and the justice being present, is actually
engaged in the trial of another action or proceeding; in such case he
or she may postpone the time of appearance until the close of such
trial.
Sec. 3011 RCW 12.04.170 and 1929 c 102 s 1 are each amended to
read as follows:
Whenever the plaintiff in an action, or in a garnishment or other
proceeding is a nonresident of the county or begins such action or
proceeding as the assignee of some other person, or of a firm or
corporation, as to all causes of action sued upon, the justice may
require of him or her security for the costs in the action or
proceeding in a sum not exceeding fifty dollars, at the time of the
commencement of the action, and after an action or proceeding has been
commenced by such nonresident or assignee plaintiff, the defendant or
garnishee defendant may require such security by motion; and all
proceedings shall be stayed until such security has been given.
Sec. 3012 RCW 12.04.180 and 1929 c 102 s 2 are each amended to
read as follows:
In lieu of separate security for each action or proceeding in any
court, the plaintiff may cause to be executed and filed in the court a
bond in the penal sum of fifty dollars running to the state of
Washington, with surety approved by the court, and conditioned for the
payment of all judgments for costs which may thereafter be rendered
against him or her in that court. Any defendant or garnishee who shall
thereafter recover a judgment for costs in said court against the
principal on such bond shall likewise be entitled to judgment against
the sureties. Such bond shall not be sufficient unless the penalty
thereof is unimpaired by any outstanding obligation at the time of the
commencement of the action.
Sec. 3013 RCW 12.04.190 and Code 1881 s 1752 are each amended to
read as follows:
If any officer, without showing good cause therefor, fail to
execute any process to him or her delivered, and make due return
thereof, or make a false return, such officer, for every such offense,
shall pay to the party injured ten dollars, and all damage such party
may have sustained by reason thereof, to be recovered in a civil
action.
Sec. 3014 RCW 12.04.201 and 1957 c 89 s 4 are each amended to
read as follows:
Sec. 3015 RCW 12.04.203 and 1957 c 89 s 5 are each amended to
read as follows:
Sec. 3016 RCW 12.04.206 and 1957 c 89 s 8 are each amended to
read as follows:
Sec. 3017 RCW 12.04.207 and 1957 c 89 s 9 are each amended to
read as follows:
Sec. 3018 RCW 12.08.040 and Code 1881 s 1759 are each amended to
read as follows:
When the pleadings are oral, the substance of them shall be entered
by the justice in his or her docket. When in writing they shall be
filed in his or her office and a reference made to them in his or her
docket. Pleadings shall not be required to be in any particular form,
but shall be such as to enable a person of common understanding to know
what is intended.
Sec. 3019 RCW 12.08.060 and Code 1881 s 1761 are each amended to
read as follows:
When the cause of action, or setoff, arises upon an account or
instrument for the payment of money only, it shall be sufficient for
the party to deliver the account or instrument, or a copy thereof, to
the court, and to state that there is due to him or her thereon, from
the adverse party, a specified sum, which he or she claims to recover
or setoff. The court may, at the time of pleading, require that the
original account, or instrument, be exhibited to the inspection of the
adverse party, with liberty to copy the same; or if not so exhibited,
may prohibit its being given in evidence.
Sec. 3020 RCW 12.08.070 and Code 1881 s 1762 are each amended to
read as follows:
Every complaint, answer, or reply shall be verified by the oath of
the party pleading; or if he or she be not present, by the oath of his
or her attorney or agent, to the effect that he or she believes it to
be true. The verification shall be oral, or in writing, in conformity
with the pleading verified.
Sec. 3021 RCW 12.08.080 and Code 1881 s 1763 are each amended to
read as follows:
Every material allegation in a complaint, or relating to a setoff
in an answer, not denied by the pleading of the adverse party, shall,
on the trial, be taken to be true, except that when a defendant, who
has not been served with a copy of the complaint, fails to appear and
answer, the plaintiff cannot recover without proving his or her case.
Sec. 3022 RCW 12.08.090 and Code 1881 s 1764 are each amended to
read as follows:
Either party may object to a pleading by his or her adversary, or
to any part thereof that is not sufficiently explicit for him or her to
understand it, or that it contains no cause of action or defense
although it be taken as true. If the court deem the objection well
founded, it shall order the pleading to be amended; and if the party
refuse to amend, the defective pleading shall be disregarded.
Sec. 3023 RCW 12.08.100 and Code 1881 s 1765 are each amended to
read as follows:
A variance between the proof on the trial, and the allegations in
a pleading, shall be disregarded as immaterial, unless the court be
satisfied that the adverse party has been misled to his or her
prejudice thereby.
Sec. 3024 RCW 12.08.120 and Code 1881 s 1767 are each amended to
read as follows:
To entitle a defendant to any setoff he or she may have against the
plaintiff, he or she must allege the same in his or her answer; and the
statutes regulating setoffs in the superior court, shall in all
respects be applicable to a setoff in a justice's court, if the amount
claimed to be setoff, after deducting the amount found due to the
plaintiff, be within the jurisdiction of the justice of the peace;
judgment may, in like manner, be rendered by the justice in favor of
the defendant, for the balance found due the plaintiff.
Sec. 3025 RCW 12.12.080 and Code 1881 s 1777 are each amended to
read as follows:
When the jury have agreed on their verdict, they shall deliver the
same to the justice, publicly, who shall enter it on his or her docket.
Sec. 3026 RCW 12.12.090 and Code 1881 s 1778 are each amended to
read as follows:
Whenever a justice shall be satisfied that a jury, sworn in any
civil cause before him or her, having been out a reasonable time,
cannot agree on their verdict, he or she may discharge them, and issue
a new venire, unless the parties consent that the justice may render
judgment on the evidence before him or her, or upon such other evidence
as they may produce.
Sec. 3027 RCW 12.16.020 and Code 1881 s 1870 are each amended to
read as follows:
A subpoena may be served by any person above the age of eighteen
years, by reading it to the witness, or by delivering to him or her a
copy at his or her usual place of abode.
Sec. 3028 RCW 12.16.030 and Code 1881 s 1871 are each amended to
read as follows:
Whenever it shall appear to the satisfaction of the justice, by
proof made before him or her, that any person, duly subpoenaed to
appear before him or her in an action, shall have failed, without a
just cause, to attend as a witness, in conformity to such subpoena, and
the party in whose behalf such subpoena was issued, or his or her
agent, shall make oath that the testimony of such witness is material,
the justice shall have the power to issue an attachment to compel the
attendance of such witness: PROVIDED, That no attachment shall issue
against a witness in any civil action, unless his or her fees for
mileage and one day's attendance have been tendered or paid in advance,
if previously demanded by such witness from the person serving the
subpoena.
Sec. 3029 RCW 12.16.040 and Code 1881 s 1872 are each amended to
read as follows:
Every such attachment may be directed to any sheriff or constable
of the county in which the justice resides, and shall be executed in
the same manner as a warrant; and the fees of the officer for issuing
and serving the same shall be paid by the person against whom the same
was issued, unless he or she show reasonable cause, to the satisfaction
of the justice, for his or her omission to attend; in which case the
party requiring such attachment shall pay all such costs.
Sec. 3030 RCW 12.16.050 and Code 1881 s 1873 are each amended to
read as follows:
Every person subpoenaed as aforesaid, and neglecting to appear,
shall also be liable to the party in whose behalf he or she may have
been subpoenaed, for all damages which such party may have sustained by
reason of his or her nonappearance: PROVIDED, That such witness had
the fees allowed for mileage and one day's attendance paid, or tendered
him or her, in advance, if demanded by him or her at the time of the
service.
Sec. 3031 RCW 12.16.060 and Code 1881 s 1874 are each amended to
read as follows:
A party to an action may be examined as a witness, at the instance
of the adverse party, and for that purpose may be compelled in the same
manner, and subject to the same rules of examination, as any other
witness, to testify at the trial, or appear and have his or her
deposition taken.
Sec. 3032 RCW 12.16.080 and Code 1881 s 1876 are each amended to
read as follows:
If a party refuse to attend and testify at the trial, or give his
or her deposition before trial, when required, his or her complaint,
answer or reply, may be stricken out, and judgment taken against him or
her.
Sec. 3033 RCW 12.16.090 and Code 1881 s 1877 are each amended to
read as follows:
A party examined by an adverse party may be examined on his or her
own behalf, in respect to any matter pertinent to the issue. But if he
or she testify to any new matter, not responsive to the inquiries put
to him or her by the adverse party, or necessary to qualify or explain
his or her answer thereto, or to discharge, when his or her answer
would charge himself or herself, such adverse party may offer himself
or herself as a witness, and he or she shall be so received.
Sec. 3034 RCW 12.20.010 and Code 1881 s 1780 are each amended to
read as follows:
Judgment that the action be dismissed, without prejudice to a new
action, may be entered, with costs, in the following cases:
(1) When the plaintiff voluntarily dismisses the action before it
is finally submitted.
(2) When he or she fails to appear at the time specified in the
notice, upon continuance, or within one hour thereafter.
(3) When it is objected at the trial, and appears by the evidence
that the action is brought in the wrong ((county [precinct])) precinct;
but if the objection be taken and overruled, it shall be cause only of
reversal or appeal; if not taken at the trial it shall be deemed
waived, and shall not be cause of reversal.
Sec. 3035 RCW 12.20.020 and 1915 c 41 s 1 are each amended to
read as follows:
When the defendant fails to appear and plead at the time specified
in the notice, or within one hour thereafter, judgment shall be given
as follows:
(1) When the defendant has been served with a true copy of the
complaint, judgment shall be given without further evidence for the sum
specified therein;
(2) In other cases, the justice shall hear the evidence of the
plaintiff, and render judgment for such sum only as shall appear by the
evidence to be just, but in no case exceed the amount specified in the
complaint.
(3) The justice shall have full power at any time after a judgment
has been given by default for failure of the defendant to appear and
plead at the proper time, to vacate and set aside said judgment for any
good cause and upon such terms as he or she shall deem sufficient and
proper. Such judgment shall only be set aside upon five days notice in
writing served upon the plaintiff or the plaintiff's attorney and filed
with the justice within ten days after the entry of the judgment. The
justice shall hear the application to set aside such judgment either
upon affidavits or oral testimony as he or she may deem proper. In
case such judgment is set aside the making of the application for
setting the same aside shall be considered an entry of general
appearance in the case by the applicant, and the case shall duly
proceed to a trial upon the merits: PROVIDED, That, no justice of the
peace shall pay out or turn over money or property received by him or
her by virtue of any default judgment until the expiration of the ten
days for moving to set aside such default judgment has expired.
Sec. 3036 RCW 12.20.040 and Code 1881 s 1784 are each amended to
read as follows:
If the defendant, at any time before the trial, offer in writing to
allow judgment to be taken against him or her for a specified sum, the
plaintiff may immediately have judgment therefor, with costs then
accrued; but if he or she do not accept such offer before the trial,
and fail to recover on the trial of the action, a sum greater than the
offer, such plaintiff shall not recover any costs that may accrue after
he or she shall have been notified of the offer of the defendant, but
such costs shall be adjudged against him or her, and if he or she
recover, deducted from his or her recovery. But the offer and failure
to accept it, shall not be given in evidence to affect the recovery,
otherwise than as to costs, as above provided.
Sec. 3037 RCW 12.20.070 and Code 1881 s 1868 are each amended to
read as follows:
If it appear on the trial of any cause before a justice of the
peace, from the evidence of either party, that the title to lands is in
question, which title shall be disputed by the other, the justice shall
immediately make an entry thereof in his or her docket, and cease all
further proceedings in the cause, and shall certify and return to the
superior court of the county, a transcript of all the entries made in
his or her docket, relating to the cause, together with all the process
and other papers relating to the action, in the same manner, and within
the same time, as upon an appeal; and thereupon the parties shall file
their pleadings, and the superior court shall proceed in the cause to
final judgment and execution, in the same manner as if the said action
had been originally commenced therein, and the cost shall abide the
event of the suit.
Sec. 3038 RCW 12.40.025 and 1984 c 258 s 59 are each amended to
read as follows:
A defendant in a district court proceeding in which the claim is
within the jurisdictional amount for the small claims department may in
accordance with court rules transfer the action to the small claims
department. In the event of such a transfer the provisions of RCW
12.40.070 shall not be applicable if the plaintiff was an assignee of
the claim at the time the action was commenced nor shall the provisions
of RCW 12.40.080 prohibit an attorney from representing the plaintiff
if he or she was the attorney of record for the plaintiff at the time
the action was commenced.
Sec. 4001 RCW 13.04.050 and 1913 c 160 s 4 are each amended to
read as follows:
The probation officers, and assistant probation officers, and
deputy probation officers in all counties of the state shall be allowed
such necessary incidental expenses as may be authorized by the judge of
the juvenile court, and the same shall be a charge upon the county in
which the court appointing them has jurisdiction, and the expenses
shall be paid out of the county treasury upon a written order of the
judge of the juvenile court of said county directing the county auditor
to draw his or her warrant upon the county treasurer for the specified
amount of such expenses.
Sec. 4002 RCW 13.04.180 and 1913 c 160 s 18 are each amended to
read as follows:
In each county, the judge presiding over the juvenile court
sessions, as defined in this chapter, may appoint a board of four
reputable citizens, who shall serve without compensation, to constitute
a board of visitation, whose duty it shall be to visit as often as
twice a year all institutions, societies and associations within the
county receiving children under this chapter, as well as all homes for
children or other places where individuals are holding themselves out
as caretakers of children, also to visit other institutions, societies
and associations within the state receiving and caring for children,
whenever requested to do so by the judge of the juvenile court:
PROVIDED, The actual expenses of such board may be paid by the county
commissioners when members thereof are requested to visit institutions
outside of the county seat, and no member of the board shall be
required to visit any institutions outside the county unless his or her
actual traveling expenses shall be paid as aforesaid. Such visits
shall be made by not less than two members of the board, who shall go
together or make a joint report. The board of visitors shall report to
the court from time to time the condition of children received by or in
charge of such institutions, societies, associations, or individuals.
It shall be the duty of every institution, society, or association, or
individual receiving and caring for children to permit any member or
members of the board of visitation to visit and inspect such
institution, society, association or home where such child is kept, in
all its departments, so that a full report may be made to the court.
Sec. 4003 RCW 13.20.020 and 1955 c 232 s 2 are each amended to
read as follows:
The nonjudicial members of the board first appointed shall be
appointed for the respective terms of one, two, three, and four years
and until their successors are appointed and qualified; and thereafter
their successors shall be appointed for terms of four years and until
their successors are appointed and qualified.
Any such member of the board may be removed at any time by majority
vote of the judges of the superior court.
Vacancies on the board may be filled at any time by majority vote
of said judges, and such appointee shall hold office for the remainder
of the term of the member in whose stead he or she was appointed.
Sec. 4004 RCW 13.20.030 and 1955 c 232 s 3 are each amended to
read as follows:
The judicial member of the board shall be the ((chairman)) chair
thereof; a majority thereof shall constitute a quorum for the
transaction of business; and the board shall have authority to organize
itself in such manner and to establish such rules of procedure as it
deems proper for the performance of its duties.
Sec. 4005 RCW 13.24.050 and 1955 c 284 s 5 are each amended to
read as follows:
Any judge of this state who appoints counsel or guardian ad litem
pursuant to the provision of the compact may, in his or her discretion,
fix a fee to be paid out of funds available for disposition by the
court but no such fee shall exceed twenty-five dollars.
Sec. 5001 RCW 14.08.290 and 1973 1st ex.s. c 195 s 1 are each
amended to read as follows:
The establishment of county airport districts is hereby authorized.
Written application for the formation of such a district signed by at
least one hundred registered voters, who reside and own real estate in
the proposed districts, shall be filed with the board of county
commissioners. The board shall immediately transmit the application to
the proper registrar of voters for the proposed district who shall
check the names, residence, and registration of the signers with the
records of his or her office and shall, as soon as possible, certify to
said board the number of qualified signers. If the requisite number of
signers is so certified, the board shall thereupon place the
proposition: "Shall a county airport district be established in the
following area: (describing the proposed district)?," upon the ballot
for vote of the people of the proposed district at the next election,
general or special. If a majority of the voters on such proposition
shall vote in favor of the proposition, the board, shall, by
resolution, declare the district established. If the requisite number
of qualified persons have not signed the application, further
signatures may be added and certified until the requisite number have
signed and the above procedure shall be thereafter followed.
The area of such district may be the area of the county including
incorporated cities and towns, or such portion or portions thereof as
the board may determine to be the most feasible for establishing an
airport. When established, an airport district shall be a municipality
as defined in this chapter and entitled to all the powers conferred by
this chapter and exercised by municipal corporations in this state.
The airport district is hereby empowered to levy not more than
seventy-five cents per thousand dollars of assessed value of the
property lying within the said airport district: PROVIDED, HOWEVER,
Such levy shall not be made unless first approved at any election
called for the purpose of voting on such levy.
Sec. 5002 RCW 14.08.112 and 1983 c 167 s 16 are each amended to
read as follows:
(1) Municipalities, including any governmental subdivision which
may be hereafter authorized by law to own, control, and operate an
airport or other air navigation facility, are hereby authorized to
issue revenue bonds to provide part or all of the funds required to
accomplish the powers granted them by chapter 14.08 RCW, and to
construct, acquire by purchase or condemnation, equip, add to, extend,
enlarge, improve, replace and repair airports, facilities and
structures thereon including but not being limited to facilities for
the servicing of aircraft and for the comfort and accommodation of air
travelers, and other properties incidental to the operation of airports
and to pay all costs incidental thereto.
The legislative body of the municipality shall create a special
fund for the sole purpose of paying the principal of and interest on
the bonds of each issue, into which fund the legislative body shall
obligate the municipality to pay an amount of the gross revenue derived
from its ownership, control, use, and operation of the airport and all
airport facilities and structures thereon and used and operated in
connection therewith, including but not being limited to fees charged
for all uses of the airport and facilities, rentals derived from leases
of part or all of the airport, buildings and any or all air navigation
facilities thereon, fees derived from concessions granted, and proceeds
of sales of part or all of the airport and any or all buildings and
structures thereon or equipment therefor, sufficient to pay the
principal and interest as the same shall become due, and to maintain
adequate reserves therefor if necessary. Revenue bonds and the
interest thereon shall be payable only out of and shall be a valid
claim of the owner thereof only as against the special fund and the
revenue pledged to it, and shall not constitute a general indebtedness
of the municipality.
Each revenue bond and any interest coupon attached thereto shall
name the fund from which it is payable and state upon its face that it
is only payable therefrom; however, all revenue bonds and any interest
coupons issued under RCW 14.08.112 and 14.08.114 shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state. Each issue of revenue bonds may be
bearer coupon bonds or may be registered either as to principal only or
as to principal and interest as provided in RCW 39.46.030; shall be in
the denomination or denominations the legislative body of the
municipality shall deem proper; shall be payable at the time or times
and at the place or places as shall be determined by the legislative
body; shall bear interest at such rate or rates as authorized by the
legislative body; shall be signed on behalf of the municipality by the
((chairman)) chair of the county legislative authority, mayor of the
city or town, president of the port commission, and similar officer of
any other municipality, shall be attested by the county auditor, the
clerk or comptroller of the city or town, the secretary of the port
commission, and similar officer of any other municipality, one of which
signatures may be a facsimile signature, and shall have the seal of the
municipality impressed thereon; any interest coupons attached thereto
shall be signed by the facsimile signatures of said officials. Revenue
bonds shall be sold in the manner as the legislative body of the
municipality shall deem best, either at public or private sale.
The municipality at the time of the issuance of revenue bonds may
provide covenants as it may deem necessary to secure and guarantee the
payment of the principal thereof and interest thereon, including but
not being limited to covenants to create a reserve fund or account and
to authorize the payment or deposit of certain moneys therein for the
purpose of securing or guaranteeing the payment of the principal and
interest, to establish and maintain rates, charges, fees, rentals, and
sales prices sufficient to pay the principal and interest and to
maintain an adequate coverage over annual debt service, to appoint a
trustee for the bond owners and a trustee for the safeguarding and
disbursing of the proceeds of sale of the bonds and to fix the powers
and duties of the trustee or trustees, and to make any and all other
covenants as the legislative body may deem necessary to its best
interest and that of its inhabitants to accomplish the most
advantageous sale possible of the bonds. The legislative body may also
provide that revenue bonds payable out of the same source or sources
may later be issued on a parity with revenue bonds being issued and
sold.
The legislative body of the municipality may include an amount for
working capital and an amount necessary for interest during the period
of construction of the airport or any facilities plus six months, in
the principal amount of any revenue bond issue; if it deems it to the
best interest of the municipality and its inhabitants, it may provide
in any contract for the construction or acquisition of an airport or
facilities that payment therefor shall be made only in revenue bonds at
the par value thereof.
If the municipality or any of its officers shall fail to carry out
any of its or their obligations, pledges or covenants made in the
authorization, issuance and sale of bonds, the owner of any bond or the
trustee may bring action against the municipality and/or said officers
to compel the performance of any or all of the covenants.
(2) Notwithstanding subsection (1) of this section, such bonds may
be issued and sold in accordance with chapter 39.46 RCW.
Sec. 5003 RCW 14.12.030 and 1945 c 174 s 3 are each amended to
read as follows:
(1) In order to prevent the creation or establishment of airport
hazards, every political subdivision having an airport hazard area
within its territorial limits may adopt, administer, and enforce, under
the police power and in the manner and upon the conditions hereinafter
prescribed, airport zoning regulations for such airport hazard area,
which regulations may divide such area into zones, and, within such
zones, specify the land uses permitted and regulate and restrict the
height to which structures and trees may be erected or allowed to grow.
(2) Where an airport is owned or controlled by a political
subdivision and any airport hazard area appertaining to such airport is
located outside the territorial limits of said political subdivision,
the political subdivision owning or controlling the airport and the
political subdivision within which the airport hazard area is located
may, by ordinance or resolution duly adopted, create a joint airport
zoning board, which board shall have the same power to adopt,
administer, and enforce airport zoning regulations applicable to the
airport hazard area in question as that vested by subsection (1) of
this section in the political subdivision within which such area is
located. Each such joint board shall have as members two
representatives appointed by each political subdivision participating
in its creation and in addition a ((chairman)) chair elected by a
majority of the members so appointed.
Sec. 5004 RCW 14.12.110 and 1945 c 174 s 7 are each amended to
read as follows:
(1) Permits. Any airport zoning regulations adopted under this
chapter may require that a permit be obtained before any new structure
or use may be constructed or established and before any existing use or
structure may be substantially changed or substantially altered or
repaired. In any event, however, all such regulations shall provide
that before any nonconforming structure or tree may be replaced,
substantially altered or repaired, rebuilt, allowed to grow higher, or
replanted, a permit must be secured from the administrative agency
authorized to administer and enforce the regulations, authorizing such
replacement, change, or repair. No permit shall be granted that would
allow the establishment or creation of an airport hazard or permit a
nonconforming structure or tree or nonconforming use to be made or
become higher or become a greater hazard to air navigation than it was
when the applicable regulation was adopted or than it is when the
application for a permit is made. Except as provided herein, all
applications for permits shall be granted.
(2) Variances. Any person desiring to erect any structure, or
increase the height of any structure, or permit the growth of any tree,
or otherwise use his or her property in violation of airport zoning
regulations adopted under this chapter, may apply to the board of
adjustment for a variance from the zoning regulations in question.
Such variances shall be allowed where a literal application or
enforcement of the regulations would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to
the public interest but do substantial justice and be in accordance
with the spirit of the regulations and this chapter: PROVIDED, That
any variance may be allowed subject to any reasonable conditions that
the board of adjustment may deem necessary to effectuate the purposes
of this chapter.
(3) Hazard marking and lighting. In granting any permit or
variance under this section, the administrative agency or board of
adjustment may, if it deems such action advisable to effectuate the
purposes of this chapter and reasonable in the circumstances, so
condition such permit or variance as to require the owner of the
structure or tree in question to permit the political subdivision, at
its own expense, to install, operate, and maintain thereon such markers
and lights as may be necessary to indicate to flyers the presence of an
airport hazard.
Sec. 5005 RCW 14.12.140 and 1945 c 174 s 10 are each amended to
read as follows:
(1) All airport zoning regulations adopted under this chapter shall
provide for a board of adjustment to have and exercise the following
powers:
(a) To hear and decide appeals from any order, requirement,
decision, or determination made by the administrative agency in the
enforcement of the airport zoning regulations, as provided in RCW
14.12.190.
(b) To hear and decide any special exceptions to the terms of the
airport zoning regulations upon which such board may be required to
pass under such regulations.
(c) To hear and decide specific variances under RCW 14.12.110(2).
(2) Where a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board
of adjustment shall consist of five members, each to be appointed for
a term of three years by the authority adopting the regulations and to
be removable by the appointing authority for cause, upon written
charges and after public hearing.
(3) The concurring vote of a majority of the members of the board
of adjustment shall be sufficient to reverse any order, requirement,
decision, or determination of the administrative agency, or to decide
in favor of the applicant on any matter upon which it is required to
pass under the airport zoning regulations, or to effect any variation
in such regulations.
(4) The board shall adopt rules in accordance with the provisions
of the ordinance or resolution by which it was created. Meetings of
the board shall be held at the call of the ((chairman)) chair and at
such other times as the board may determine. The ((chairman)) chair,
or in his or her absence the acting ((chairman)) chair, may administer
oaths and compel the attendance of witnesses. All hearings of the
board shall be public. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or, if
absent or failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall
immediately be filed in the office of the board and shall be a public
record.
Sec. 5006 RCW 14.16.010 and 1984 c 7 s 8 are each amended to read
as follows:
In this chapter "aircraft" means any contrivance now known or
hereafter invented, used, or designed for navigation of or flight in
the air, except a parachute or other contrivance designed for such
navigation but used primarily as safety equipment. The term "airman"
or "airwoman" means any individual (including the person in command and
any pilot, mechanic, or member of the crew) who engages in the
navigation of aircraft while under way and any individual who is in
charge of the inspection, overhauling, or repairing of aircraft.
"Operating aircraft" means performing the services of aircraft pilot.
"Person" means any individual, proprietorship, partnership,
corporation, or trust. "Downed aircraft rescue transmitter" means a
transmitter of a type approved by the state department of
transportation or the federal aviation administration with sufficient
transmission power and reliability that it will be automatically
activated upon the crash of an aircraft so as to transmit a signal on
a preset frequency so that it will be effective to assist in the
location of the downed aircraft. "Air school" means air school as
defined in RCW 47.68.020(11).
Sec. 5007 RCW 14.16.030 and 1929 c 157 s 3 are each amended to
read as follows:
The public safety requiring and the advantages of uniform
regulation making it desirable in the interest of aeronautical progress
that a person serving as an airman or airwoman within this state should
have the qualifications necessary for obtaining and holding the class
of license required by the United States government with respect to
such an airman or airwoman subject to its jurisdiction, it shall be
unlawful for any person to serve as an airman or airwoman within this
state unless he ((have)) or she has such a license: PROVIDED, HOWEVER,
That for the first thirty days after entrance into this state this
section shall not apply to nonresidents of this state operating
aircraft within this state, other than aircraft carrying persons or
property for hire, if such person shall have fully complied with the
laws of the state, territory or foreign country of his or her residence
respecting the licensing of airmen or airwomen.
Sec. 5008 RCW 14.16.040 and 1929 c 157 s 4 are each amended to
read as follows:
The certificate of the license herein required shall be kept in the
personal possession of the licensee when he or she is serving as an
airman or airwoman within this state, and must be presented for
inspection upon the demand of any passenger, any peace officer of this
state, or any official, manager, or person in charge of any airport or
landing field in this state upon which he or she shall land.
Sec. 5009 RCW 14.20.030 and 1984 c 7 s 11 are each amended to
read as follows:
Applications for an aircraft dealer's license shall contain:
(1) The name under which the dealer's business is conducted and the
address of the dealer's established place of business;
(2) The residence address of each owner, director, or principal
officer of the aircraft dealer, and, if a foreign corporation, the
state of incorporation and names of its resident officers or managers;
(3) The make or makes of aircraft for which franchised, if any;
(4) Whether or not used aircraft are dealt in;
(5) A certificate that the applicant is a dealer having an
established place of business at the address shown on the application,
which place of business is open during regular business hours to
inspection by the secretary or his or her representatives; and
(6) Whether or not the applicant has ever been denied an aircraft
dealer's license or has had one which has been denied, suspended, or
revoked.
Sec. 5010 RCW 14.20.050 and 1998 c 187 s 1 are each amended to
read as follows:
The fee for original aircraft dealer's license for each calendar
year or fraction thereof is seventy-five dollars, which includes one
aircraft dealer's certificate and which must be renewed annually for a
fee of seventy-five dollars. Additional aircraft dealer certificates
may be obtained for ten dollars each per year. If any dealer fails or
neglects to apply for renewal of his or her license prior to February
1st in each year, his or her license shall be declared canceled by the
secretary, in which case any such dealer desiring a license shall
reapply and pay a fee of seventy-five dollars.
Sec. 5011 RCW 14.20.070 and 1984 c 7 s 15 are each amended to
read as follows:
Before issuing an aircraft dealer license, the secretary shall
require the applicant to file with the secretary a surety bond in the
amount of twenty-five thousand dollars running to the state, and
executed by a surety company authorized to do business in the state.
The bond shall be approved by the attorney general as to form and
conditioned that the dealer shall conduct his or her business in
conformity with the provisions of this chapter, RCW 47.68.250, and
82.48.100. Any person who has suffered any loss or damage by reason of
any act by a dealer which constitutes ground for refusal, suspension,
or revocation of license under RCW 14.20.090 has a right of action
against the aircraft dealer and the surety upon the bond. Successive
recoveries against the bond shall be permitted, but the aggregate
liability of the surety to all persons shall in no event exceed the
amount of the bond.
Sec. 5012 RCW 14.20.090 and 1984 c 7 s 16 are each amended to
read as follows:
The secretary shall refuse to issue an aircraft dealer's license or
shall suspend or revoke an aircraft dealer's license whenever he or she
has reasonable grounds to believe that the dealer has:
(1) Forged or altered any federal certificate, permit, rating, or
license relating to ownership and airworthiness of an aircraft;
(2) Sold or disposed of an aircraft which he or she knows or has
reason to know has been stolen or appropriated without the consent of
the owner;
(3) Wilfully misrepresented any material fact in the application
for an aircraft dealer's license, aircraft dealer's certificate, or
registration certificate;
(4) Wilfully withheld or caused to be withheld from a purchaser of
an aircraft any document referred to in subsection (1) of this section
if applicable, or an affidavit to the effect that there are no liens,
mortgages, or encumbrances of any type on the aircraft other than noted
thereon, if the document or affidavit has been requested by the
purchaser;
(5) Suffered or permitted the cancellation of his or her bond or
the exhaustion of the penalty thereof;
(6) Used an aircraft dealer's certificate for any purpose other
than those permitted by this chapter or RCW 47.68.250 and 82.48.100;
(7) Been adjudged guilty of a crime that directly relates to the
business of an aircraft dealer and the time elapsed since the
conviction is less than ten years, or had a judgment entered against
the dealer within the preceding five years in any civil action
involving fraud, misrepresentation, or conversion. For the purpose of
this section, the term "adjudged guilty" means, in addition to a final
conviction in either a state or municipal court, an unvacated
forfeiture of bail or collateral deposited to secure a defendant's
appearance in court, the payment of a fine, a plea of guilty, or a
finding of guilt regardless of whether the imposition of the sentence
is deferred or the penalty is suspended.
Sec. 6001 RCW 14.20.100 and 1984 c 7 s 17 are each amended to
read as follows:
If the secretary issues an order that any person is not entitled to
an aircraft dealer's license or that an existing license should be
suspended or revoked, he or she shall forthwith notify the applicant or
dealer in writing. The applicant has thirty days from the date of the
secretary's order to appeal therefrom to the superior court of Thurston
county, which he or she may do by filing a notice of the appeal with
the clerk of the superior court and at the same time filing a copy of
the notice with the secretary.
Sec. 6002 RCW 15.04.090 and 1998 c 345 s 1 are each amended to
read as follows:
The director of agriculture may, at his or her discretion, for a
period of not to exceed ten years, lease state lands which are now or
may hereafter be, under his or her direction and control, the retention
of which he or her deems unnecessary for present state purposes or
needs, to any nonprofit group or organization having educational,
agricultural, or youth development purposes. Such leases shall be upon
such terms as the director deems beneficial to the state. All rental
funds received by the director under the provisions of this section
shall be deposited in the fair fund created under RCW 15.76.115.
Sec. 6003 RCW 15.04.110 and 1961 c 247 s 1 are each amended to
read as follows:
The director of the state department of agriculture may control
birds which he or she determines to be injurious to agriculture, and
for this purpose enter into written agreements with the federal and
state governments, political subdivisions and agencies of such
governments, political subdivisions and agencies of this state
including counties, municipal corporations and associations and
individuals, when such cooperation will implement the control of
predatory birds injurious to agriculture.
Sec. 6004 RCW 15.04.160 and 1975 1st ex.s. c 238 s 2 are each
amended to read as follows:
(1) An employee engaged to pick berries in this state outside of
school hours for the school district where such employee is living
while so employed may be less than twelve years of age: PROVIDED, That
(a) the employee is employed with the consent of his or her parent or
person standing in the place of his or her parent, (b) the berries are
for sale within the state only, and are not to be shipped out of the
state in any form; (c) the secretary of agriculture or his or her
designated representative has certified that there are not sufficient
workers available in the immediate area to harvest the crop without
such youthful employees, and (d) all employees of any employer engaging
youthful employees are paid at the same rate for picking berries.
(2) Each basket, package, or other container containing berries or
berry products picked by an employee under twelve years of age shall be
distinctively marked so as to insure that the berries do not enter
interstate commerce: PROVIDED HOWEVER, That nothing in RCW 15.04.150
and 15.04.160 shall apply to employers who are exempt from the federal
fair labor standards act.
Sec. 6005 RCW 15.08.010 and 1981 c 296 s 4 are each amended to
read as follows:
As used in this chapter:
(1) "Supervisor" means an assistant director known as the
supervisor of plant industry.
(2) "Horticultural premises" includes orchards, vineyards,
nurseries, berry farms, vegetable farms, cultivated cranberry marshes,
packing houses, dryhouses, warehouses, depots, docks, cars, vessels and
other places where nursery stock, fruits, vegetables and other
horticultural products are grown, stored, packed, shipped, held for
shipment or delivery, sold or otherwise disposed of.
(3) "Nursery stock" includes, but is not limited to, any
horticultural, floricultural, viticultural, and vegetable plant, for
planting, propagation or ornamentation, growing or otherwise, including
cut plant material.
(4) "Pests and diseases" means, but is not limited to, any living
stage of any insect, mite, nematode, slug, snail, protozoa, or other
invertebrate animal, bacteria, fungus, other parasitic plant, weed, or
reproductive part thereof, virus or any organism similar to or allied
with any of the foregoing, or any infectious substance, which can
directly or indirectly injure or cause disease or damage in or to any
plant or parts thereof, or any processed, manufactured, or other
products of plants.
(5) "Nuisance" means any plant, produce or property found in any
commercial area upon which is found any pest or disease that is or may
be a source of infestation of other properties.
(6) "Commercial area" means a district where any horticultural
product is being produced to the extent that a producer is dependent
thereon, in whole or in part, for his or her livelihood.
(7) "Infect," and its derivatives "infected," "infecting," and
"infection," means affected by or infested with pests or diseases as
above defined.
(8) "Disinfect," and its derivatives, means the control, cure, or
eradication of such pests or diseases by cutting or destroying infected
parts or the application of effective pesticides.
Sec. 6006 RCW 15.08.040 and 1961 c 11 s 15.08.040 are each
amended to read as follows:
The director, supervisor, and horticultural inspectors are
authorized to at any time enter horticultural premises and any
structure where fruit, vegetables, nursery stock, or horticultural
products are grown or situated for any purpose, to inspect the same for
infection.
No person shall hinder or interfere with any such officer in
entering or inspecting or performing any duty imposed upon him or her.
Sec. 6007 RCW 15.08.080 and 1961 c 11 s 15.08.080 are each
amended to read as follows:
Personal service of said notice shall be made upon the person in
possession or in charge of said premises or property if possible. If
such person is not the owner, or personal service cannot be made on
such person, then a copy of the notice shall be mailed or telegraphed
to the owner at his or her home or post office address if known or can
with reasonable diligence be ascertained. If personal service cannot
be made upon any person in possession or charge of the premises or
property and the name and address of the owner thereof are not known or
cannot be so ascertained, then the notice shall be served by posting
the same in some conspicuous place on the premises where the property
to be disinfected or destroyed is situated, which service by posting
shall be construed to be constructive personal service upon such owner.
If the name and address of the owner are not known or cannot be so
ascertained, service upon the person in possession or charge of the
premises or property shall constitute substituted personal service upon
the owner, in the absence of fraud or gross neglect.
Sec. 6008 RCW 15.08.090 and 1961 c 11 s 15.08.090 are each
amended to read as follows:
Except as hereinabove provided, upon service of said notice the
owner or person in possession or charge of the premises or property
shall comply with its terms within the time specified. In case of
their failure so to do, the inspector may enter the premises and
perform or cause to be performed the services required in the notice.
He or she shall keep an accurate account of the expense of performing
said services, which shall become a lien on the premises or property
which may be foreclosed in the manner herein provided. The lien on
personal property shall have preference over all other liens.
If the inspector has not disinfected or destroyed the property it
may be declared a nuisance as herein provided and treated as such.
Sec. 6009 RCW 15.08.100 and 1961 c 11 s 15.08.100 are each
amended to read as follows:
The officer disinfecting personal property may enforce the lien
thereon provided for in RCW 15.08.090 by impounding and selling the
property. He or she shall give notice of the impounding and proposed
sale by posting a written notice in a conspicuous place upon the
premises where the property is impounded and serve said notice upon the
owner or person in charge of the property in the manner provided for
service of notice to disinfect in RCW 15.08.080. Said notice shall
state that the property, describing it with reasonable certainty, has
been impounded, where it is situated, the amount of costs and expenses
charged against it, and that unless same are paid within a specified
time the property will be sold to satisfy said charges, accrued
transportation and storage charges, if any, and costs of sale. Said
specified time shall not be less than ten days after giving of the
notice, except that immediate sale may be made of perishable fruits or
vegetables.
Sec. 6010 RCW 15.08.120 and 1961 c 11 s 15.08.120 are each
amended to read as follows:
The inspector shall make and sign a record of the proceedings,
stating the name of the owner or reputed owner of the property, if
known; location of the property, date of inspection and the results
thereof; date and manner of giving notice to disinfect; failure to
disinfect; disinfection by the inspector; the cost thereof in detail;
date and manner of giving notice of impounding and sale; date, place,
and manner of sale; name of the purchaser; and amount of the proceeds
and disposition thereof.
Upon demand of the owner or person in charge of the property, the
inspector shall furnish him or her with a verified copy of the record,
and tender him or her the balance of the proceeds. If no demand is
made within thirty days of the sale, or if the tender is refused, the
inspector shall file a verified copy of the record with and remit any
balance of the proceeds to the director, and if it is not claimed by
the owner within six months, it shall be deposited in the state
treasury.
The record or a verified copy thereof shall be admissible in
evidence as prima facie evidence of the truth of its contents.
Sec. 6011 RCW 15.08.140 and 1961 c 11 s 15.08.140 are each
amended to read as follows:
The county auditor shall forthwith issue warrants in payment of the
labor employed in the work, and thereupon the county shall be
subrogated to all rights of the laborers so paid. He or she shall fix
the day for hearing on the record before the county commissioners,
which shall be not less than twenty days from the date of filing. He
or she shall prepare a notice directed to the owner or reputed owner of
the premises of the filing of the record and claim and the hearing
thereon, the time and place of the hearing and the amount of the claim.
The sheriff shall serve the notice in the manner provided for service
of the notice to disinfect, and file with the auditor before the
hearing, his or her return of service and the amount of his or her
fees, which shall be the same as for service of summons in civil
proceedings.
Sec. 6012 RCW 15.08.150 and 1961 c 11 s 15.08.150 are each
amended to read as follows:
If before or at the hearing the amount of the claim and the
auditor's and sheriff's fees are paid to the county treasurer, he or
she shall deliver to the auditor a duplicate receipt of the payment and
the auditor shall cancel the lien and notify the county commissioners
thereof. The treasurer shall pay the funds to the persons entitled
thereto as appears from the records in the auditor's office.
If payment is not made, the auditor shall present to the board of
county commissioners a verified copy of the record and claim, which
shall be accepted in any proceeding as prima facie evidence of the
truth of the contents thereof. The board shall receive and consider
the record and claim and all sworn testimony offered, and shall enter
an order fixing the amount of the claim and costs, and direct the
amount paid from the current expense fund, and the auditor shall draw
warrants therefor. The auditor shall record the order in his or her
office as other lien claims and it shall be a lien against the premises
in favor of the county, and shall bear interest at six percent per year
from the date of the order.
Sec. 6013 RCW 15.08.160 and 1961 c 11 s 15.08.160 are each
amended to read as follows:
The lien and interest may be paid on or before the first Monday in
October following the entry of the order, upon presenting to the
treasurer, a statement from the auditor showing the amount due. Upon
payment the treasurer shall stamp the statement and file it in his or
her records, and shall issue a receipt to the person making the
payment, showing payment and shall deliver a duplicate to the auditor,
who shall then cancel the lien.
Sec. 6014 RCW 15.08.180 and 1961 c 11 s 15.08.180 are each
amended to read as follows:
If a horticultural inspector finds premises or property infected,
he or she shall make a written report thereof to the inspector-at-large
in his or her district stating the disease or infestation found, the
estimated extent thereof, and whether in his or her opinion it is or
will become a nuisance. Upon receipt of the report the inspector-at-large shall appoint a person residing within three miles of the said
premises or property and who is a grower of horticultural products
which could be infected from said premises or property, and who, with
the inspector-at-large or someone delegated by him or her from his or
her department, shall appoint a third person likewise a grower of
agricultural products which could be so infected. Said three persons
shall constitute an inspection board whose duty shall be to forthwith
examine the infested premises or property so as to determine whether
same or any part thereof is infested with any pest or disease named in
RCW 15.08.010.
The board members shall have the same power of entry and inspection
as the director, supervisor, or horticultural inspector and shall be
compensated at the rate of four dollars per day to be paid from the
county current expense budget for horticulture.
Sec. 6015 RCW 15.08.190 and 1961 c 11 s 15.08.190 are each
amended to read as follows:
Said board shall make a written report to the inspector-at-large of
its findings, signed under oath by a majority of its members and
stating:
(1) Whether said premises or a part thereof are infested,
(2) If infested, the nature and extent of infestation, and
(3) Whether the infestation constitutes a nuisance. If the report
shows the premises infested and constituting a nuisance, it and the
findings of the inspector, shall be transmitted forthwith to the
prosecuting attorney of the county. Within five days the prosecuting
attorney shall file in the superior court a petition, signed and
verified by him or her, describing the premises or property, giving the
names of the owners, encumbrancers and other persons interested
therein, as ascertained from the county records, containing a recital
of the proceedings taken under RCW 15.08.050, 15.08.060, 15.08.070,
15.08.080, 15.08.090, and 15.08.180, and praying for an order declaring
the premises or property to be a nuisance. Said report of the
inspection board shall be attached to the petition as an exhibit and
made a part thereof.
Sec. 6016 RCW 15.08.250 and 1961 c 11 s 15.08.250 are each
amended to read as follows:
Whenever the director determines that a particular pest cannot be
eradicated or effectively controlled by ordinary means, or that it is
impractical to eradicate or control it without the destruction in whole
or in part of uninfected host plants, he or she may issue a
proclamation setting out the host-free period or host-free district, or
both, describing the host plant and the district wherein planting,
growing, cultivating, or maintenance in any manner of any plants or
products capable of continuing the particular pests is prohibited
during a specified period of time and until the menace therefrom no
longer exists.
Sec. 6017 RCW 15.09.040 and 1969 c 113 s 4 are each amended to
read as follows:
Within thirty days after the appointed seats on the horticultural
pest and disease board have been filled, the board shall conduct its
first meeting. A majority of the voting members of the board shall
constitute a quorum for the transaction of business and shall be
necessary for any action taken by the board. The board shall elect
from its members a ((chairman)) chair and such other officers as may be
necessary.
Sec. 6018 RCW 15.09.050 and 1969 c 113 s 5 are each amended to
read as follows:
Each horticultural pest and disease board shall have the following
powers and duties:
(1) To receive complaints concerning the infection of horticultural
pests and diseases on any parcel of land within the county;
(2) To inspect or cause to be inspected any parcel of land within
the county for the purpose of ascertaining the presence of
horticultural pests and diseases as provided by RCW 15.09.070;
(3) To order any landowner to control and prevent the spread of
horticultural pests and diseases from his or her property, as provided
by RCW 15.09.080;
(4) To control and prevent the spread of horticultural pests and
diseases on any property within the county as provided by RCW
15.09.080, and to charge the owner for the expense of such work in
accordance with RCW 15.09.080 and 15.09.090;
(5) To employ such persons and purchase such goods and machinery as
the board of county commissioners may provide;
(6) To adopt, following a hearing, such rules and regulations as
may be necessary for the administration of this chapter.
Sec. 6019 RCW 15.09.080 and 1991 c 257 s 1 are each amended to
read as follows:
(1) Whenever the horticultural pest and disease control board finds
that an owner of land has failed to control and prevent the spread of
horticultural pests and diseases on his or her land, as is his or her
duty under RCW 15.09.060, it shall provide such person with written
notice, which notice shall identify the pests and diseases found to be
present and shall order prompt control or disinfection action to be
taken within a specified and reasonable time period.
(2) If the person to whom the notice is directed fails to take
action in accordance with this notice, then the board shall perform or
cause to be performed such measures as are necessary to control and
prevent the spread of the pests and diseases on such property and the
expense of this work shall be charged to such person. Any action that
the board determines requires the destruction of infested plants,
absent the consent of the owner, shall be subject to the provisions of
subsection (3) of this section.
(3) In the event the owner of land fails to control and prevent the
spread of horticultural pests and diseases as required by RCW
15.09.060, and the county horticultural pest and disease board
determines that actions it has taken to control and prevent the spread
of such pests or diseases has not been effective or the county
horticultural pest and disease board determines that no reasonable
measures other than removal of the plants will control and prevent the
spread of such pests or diseases, the county horticultural pest and
disease board may petition the superior court of the county in which
the property is situated for an order directing the owner to show cause
why the plants should not be removed at the owner's expense and for an
order authorizing removal of said infected plants. The petition shall
state: (a) The legal description of the property on which the plants
are located; (b) the name and place of residence, if known, of the
owners of said property; (c) that the county horticultural pest and
disease board has, through its officers or agents, inspected said
property and that the plants thereon, or some of them, are infested
with a horticultural pest or disease as defined by RCW 15.08.010; (d)
the dates of all notices and orders delivered to the owners pursuant to
this section; (e) that the owner has failed to control and prevent the
spread of said horticultural pest or disease; and (f) that the county
horticultural pest and disease board has determined that the measures
taken by it have not controlled or prevented the spread of the pest or
disease or that no reasonable measure can be taken that will control
and prevent the spread of such pest or disease except removal of the
plants. The petition shall request an order directing the owner to
appear and show cause why the plants on said property shall not be
removed at the expense of the owner, to be collected as provided in
this chapter. The order to show cause shall direct the owner to appear
on a date certain and show cause, if any, why the plants on the
property described in the petition should not be removed at the owner's
expense. The order to show cause and petition shall be served on the
owner not less than five days before the hearing date specified in the
order in the same manner as a summons and complaint. In the event the
owner fails to appear or fails to show by competent evidence that the
horticultural pest or disease has been controlled, then the court shall
authorize the county horticultural pest and disease board to remove the
plants at the owner's expense, to be collected as provided by this
chapter. If the procedure provided herein is followed, no action for
damages for removal of the plants shall lie against the county
horticultural pest and disease board, its officers or agents, or the
county in which it is situated.
Sec. 6020 RCW 15.09.100 and 1969 c 113 s 10 are each amended to
read as follows:
Any amount charged to the owner of land in accordance with the
provisions of RCW 15.09.080 and 15.09.090 shall be paid by such owner
within sixty days of the date in which he or she was billed for such
amount. If payment is not made within such sixty day period, the
amount of such charge, together with a ten percent penalty surcharge,
shall, for purposes of collection, become a tax lien under RCW
84.60.010, as now or hereafter amended, and shall be promptly collected
as such by the county treasurer: PROVIDED, That where good cause is
shown the board may extend for an additional two months the time period
during which payment shall be made.
Sec. 6021 RCW 15.24.120 and 1961 c 11 s 15.24.120 are each
amended to read as follows:
Each dealer, handler, and processor shall keep a complete and
accurate record of all apples handled, shipped, or processed by him or
her. This record shall be in such form and contain such information as
the commission may by rule or regulation prescribe, and shall be
preserved for a period of two years, and be subject to inspection at
any time upon demand of the commission or its agents.
Sec. 6022 RCW 15.24.130 and 1961 c 11 s 15.24.130 are each
amended to read as follows:
Each dealer, handler, and processor shall at such times as the
commission may by rule or regulation require, file with the commission
a return under oath on forms to be furnished by the commission, stating
the quantity of apples handled, shipped, or processed by him or her
during the period prescribed by the commission. The return shall
contain such further information as the commission may require.
Sec. 6023 RCW 15.24.150 and 1961 c 11 s 15.24.150 are each
amended to read as follows:
The commission shall appoint a treasurer who shall file with it a
fidelity bond executed by a surety company authorized to do business in
this state, in favor of the commission and the state, in the penal sum
of fifty thousand dollars, conditioned upon the faithful performance of
his or her duties and strict accounting of all funds of the commission.
All money received by the commission, or any other state official
from the assessment herein levied, shall be paid to the treasurer,
deposited in such banks as the commission may designate, and disbursed
by order of the commission. None of the provisions of RCW 43.01.050
shall apply to money collected under this chapter.
Sec. 6024 RCW 15.24.210 and 1961 c 11 s 15.24.210 are each
amended to read as follows:
Any prosecution brought under this chapter may be instituted in any
county in which the defendant or any defendant resides, or in which the
violation was committed, or in which the defendant or any defendant has
his or her principal place of business.
The superior courts are hereby vested with jurisdiction to enforce
the provisions of this chapter and the rules and regulations of the
commission issued hereunder, and to prevent and restrain violations
thereof.
Sec. 6025 RCW 15.26.030 and 1983 c 281 s 2 are each amended to
read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Department" means the department of agriculture of the state
of Washington.
(2) "Director" means the director of the department of agriculture
or his or her duly authorized representative.
(3) "Person" means any natural persons, firm, partnership,
exchange, association, trustee, receiver, corporation, and any member,
officer, or employee thereof or assignee for the benefit of creditors.
(4) "Producer" means any person who owns or is engaged in the
business of commercially producing tree fruit or has orchard plantings
intended for commercial tree fruit production.
(5) "Sanitation program" means a program designed to eliminate
pests and/or plants or trees which serve as hosts to pests or diseases
of tree fruits.
Sec. 6026 RCW 15.26.040 and 1969 c 129 s 4 are each amended to
read as follows:
There is hereby created the Washington tree fruit research
commission, to be thus known and designated. The commission shall be
composed of nine members. Three members to be appointed by the
Washington state fruit commission, five members to be appointed by the
Washington apple ((advertising)) commission, and one member
representing the winter pear industry to be appointed by the director.
The director or his or her duly authorized representative shall be ex
officio member with a vote, to represent all assessed commodities. The
appointed members of the commission shall serve at the will of their
respective appointers even though appointed for specific terms as set
forth in RCW 15.26.070.
Sec. 6027 RCW 15.26.050 and 1969 c 129 s 5 are each amended to
read as follows:
Nine members of the commission shall be producers who are citizens
and residents of this state. Each producer member shall be over the
age of twenty-five years and have been actively engaged in growing tree
fruits in this state and deriving a substantial portion of his or her
income therefrom, or having a substantial amount of orchard acreage
devoted to tree fruit production or as an owner, lessee, partner or an
employee or officer of a firm engaged in the production of tree fruit
whose responsibility to such firm shall be primarily in the production
of tree fruit. Such employee or officer of such firm shall be actually
engaged in such duties relating to the production of tree fruit with
such firm or any other such firm for a period of at least five years.
The qualifications of the members of the commission set forth in this
section shall continue during their term of office.
Sec. 6028 RCW 15.26.060 and 1969 c 129 s 6 are each amended to
read as follows:
The Washington apple ((advertising)) commission shall appoint
producer members to positions one through five on the commission. The
Washington state fruit commission shall appoint producer members to
positions six through eight on the commission. The director shall
appoint a producer who derives a substantial portion of his or her
income from the production of winter pears.
Sec. 6029 RCW 15.26.080 and 1969 c 129 s 8 are each amended to
read as follows:
In the event a commission member resigns, is disqualified, or
vacates his or her position on the commission for any other reason, the
appointing agency that originally appointed such member shall within
sixty days appoint a new member to fill the term of the vacated member.
Sec. 6030 RCW 15.26.110 and 1969 c 129 s 11 are each amended to
read as follows:
The powers of the commission shall include the following:
(1) To elect a ((chairman)) chair, treasurer, and such other
officers as it deems advisable;
(2) To adopt any rules and regulations necessary to carry out the
purposes and provisions of this chapter, in conformance with the
provisions of the administrative procedure act, chapter 34.05 RCW, as
enacted or hereafter amended;
(3) To administer and carry out the provisions of this chapter and
do all those things necessary to carry out its purposes;
(4) To employ and at its pleasure discharge a manager, secretary,
agents, and employees as it deems necessary, and prescribe their duties
and fix their compensation;
(5) To own, lease, or contract for any real or personal property
necessary to carry out the purposes of this chapter, and transfer and
convey the same;
(6) To establish offices and incur expenses and enter into
contracts and to create such liabilities as may be reasonable for
administration and enforcement of this chapter;
(7) Make necessary disbursements for the operation of the
commission in carrying out the purposes and provisions of this chapter;
(8) To employ, subject to the approval of the attorney general,
attorneys necessary, and to maintain in its own name any and all legal
actions, including actions for injunction, mandatory injunctions, or
civil recovery, or proceedings before administrative tribunals or other
government authorities necessary to carry out the purpose of this
chapter;
(9) To carry on any research which will or may benefit the
planting, production, harvesting, handling, processing, or shipment of
any tree fruit subject to the provisions of this chapter. To contract
with any person, private or public, public agency, federal, state, or
local, or enter into agreements with other states or federal agencies,
to carry on such research jointly or enter into joint contracts with
such states or federal agencies or other recognized private or public
agencies, to carry on desired research provided for in this chapter;
(10) To appoint annually, ex officio commission members without a
vote who are experts in research whether public or private in any area
concerning or related to tree fruit to serve at the pleasure of the
commission;
(11) Such other powers and duties that are necessary to carry out
the purpose of this chapter.
Sec. 6031 RCW 15.26.170 and 1969 c 129 s 17 are each amended to
read as follows:
Such assessments will be due from the producers. No person shall
purchase, or receive for sale, or shipment out of state any tree fruits
subject to the provisions of this chapter until he or she has received
proof that the assessment due and payable the commission has been paid.
Sec. 6032 RCW 15.26.180 and 1969 c 129 s 18 are each amended to
read as follows:
Any person receiving commercial tree fruits from any producer
thereof or any producer of tree fruit who prepared or processed his or
her own tree fruit for sale, or shipment for sale shall keep complete
and accurate records of all such tree fruit. Such records shall meet
the requirements of rules or regulations prescribed by the commission
and shall be kept for two years subject to inspection by duly
authorized representatives of the commission.
Sec. 6033 RCW 15.26.190 and 1969 c 129 s 19 are each amended to
read as follows:
Every dealer, handler, and processor shall at such times as the
commission may by rule or regulation require, file with the commission
a return under oath on forms to be prescribed and furnished by the
commission, stating the quantity of tree fruit, subject to the
provisions of this chapter, handled, shipped, or processed by him or
her during the period or periods of time prescribed by the commission.
Such return shall contain such further information as may be necessary
to carry out the objects and purposes of this chapter.
Sec. 6034 RCW 15.26.210 and 1969 c 129 s 21 are each amended to
read as follows:
Any due and payable assessments herein levied shall constitute a
personal debt of every person so assessed or who otherwise owes the
same and shall be due and payable as provided for in RCW 15.26.200,
unless the commission by rules or regulations provides for payment to
be made not later than thirty days after the time set forth in RCW
15.26.200: PROVIDED, That such extension of time shall not apply to
any person who is in arrears in his or her payments to the commission.
Sec. 6035 RCW 15.26.230 and 1969 c 129 s 23 are each amended to
read as follows:
All money collected under the authority of this chapter shall be
paid to the treasurer of the commission, and be deposited by him or her
in banks designated by the commission, and disbursed on the order of
the commission. The treasurer shall file with the commission a
fidelity bond, executed by a surety company authorized to do business
in this state, in favor of the state and the commission, jointly and
severally, in a sum to be fixed by the commission, but not less than
twenty-five thousand dollars, and conditioned upon his or her faithful
performance of his or her duties and his or her strict accounting of
all funds of the commission. RCW 43.01.050 shall not apply to money
collected under this chapter.
Sec. 6036 RCW 15.26.240 and 1969 c 129 s 24 are each amended to
read as follows:
Obligations incurred by the commission shall be enforced only
against the assets of the commission in the same manner as if it were
a corporation and no liability for the debts or acts of the commission
shall exist against either the state of Washington, or against any
member, officer, employee, or agent of the commission in his or her
individual capacity. The members of the commission including employees
of the commission, shall not be held responsible individually in any
way whatsoever to any person for errors in judgment, mistakes or other
acts, either of commission or omission as principal, agent, person or
employee, except for their own individual acts of dishonesty or crime.
No such person or employee shall be held responsible individually for
any act or omission of any other member of the commission. The
liability of the members of the commission shall not be several and
joint and no member shall be liable for the default of any other
member.
Sec. 6037 RCW 15.28.030 and 1967 c 191 s 2 are each amended to
read as follows:
All voting members must be citizens and residents of this state.
Each producer member must be over the age of twenty-five years, and be,
and for five years have been, actively engaged in growing soft tree
fruits in this state, and deriving a substantial portion of his or her
income therefrom, or have a substantial amount of orchard acreage
devoted to soft tree fruit production as an owner, lessee, partner, or
a stockholder owning at least ten percent of the voting stock in a
corporation engaged in the production of soft tree fruit. He or she
cannot be engaged directly in business as a dealer. Each dealer member
must be actively engaged, either individually or as an executive
officer, employee or sales manager on a management level, or managing
agent of an organization, as a dealer. Each processor member must be
engaged, either individually or as an executive officer, employee on a
management level, sales manager, or managing agent of an organization,
as a processor. Only one dealer member may be in the employ of any one
person or organization engaged in business as a dealer. Only one
processor member may be in the employ of any one person or organization
engaged in business as a processor. Said qualifications must continue
throughout each member's term of office.
Sec. 6038 RCW 15.28.100 and 1961 c 11 s 15.28.100 are each
amended to read as follows:
The Washington state fruit commission is hereby declared and
created a corporate body. The commission has power:
(1) To exercise all of the powers of a corporation;
(2) To elect a ((chairman)) chair and such other officers as it may
deem advisable;
(3) To adopt, amend, or repeal, from time to time, necessary and
proper rules, regulations, and orders for the performance of its
duties, which rules, regulations, and orders shall have the force of
laws when not inconsistent with existing laws;
(4) To employ, and at its pleasure discharge, such attorneys,
advertising manager, agents or agencies, clerks and employees, as it
deems necessary and fix their compensation;
(5) To establish offices, and incur such expenses, enter into such
contracts, and create such liabilities, as it deems reasonably
necessary for the proper administration of this chapter;
(6) To accept contributions of, or match private, state, or federal
funds available for research, and make contributions to persons or
state or federal agencies conducting such research;
(7) To administer and enforce this chapter, and do and perform all
acts and exercise all powers deemed reasonably necessary, proper, or
advisable to effectuate the purposes of this chapter, and to perpetuate
and promote the general welfare of the soft tree fruit industry of this
state;
(8) To sue and be sued.
Sec. 6039 RCW 15.28.150 and 1961 c 11 s 15.28.150 are each
amended to read as follows:
Each district advisory committee and each state commodity committee
shall select one of its members as ((chairman)) chair. Meetings may be
called by the ((chairman)) chair or by any two members of any committee
by giving reasonable written notice of the meeting to each member of
such committee. A majority of the members shall be necessary to
constitute a quorum. The district advisory committees and state
commodity committees shall consult with and advise the commission on
matters pertaining to the soft tree fruits which they respectively
represent, and the commission shall give due consideration to their
recommendations. Any grower, dealer, or processor, if qualified, may
be a member of more than one committee.
Sec. 6040 RCW 15.28.190 and 1961 c 11 s 15.28.190 are each
amended to read as follows:
All money collected under the authority of this chapter shall be
paid to the treasurer of the commission, deposited by him or her in
banks designated by the commission, and disbursed on its order.
The treasurer shall file with the commission a fidelity bond,
executed by a surety company authorized to do business in this state,
in favor of the state and the commission, jointly and severally, in the
sum of fifty thousand dollars, and conditioned upon his or her faithful
performance of his or her duties and his or her strict accounting of
all funds of the commission.
None of the provisions of RCW 43.01.050 shall apply to money
collected under this chapter.
Sec. 6041 RCW 15.28.210 and 1961 c 11 s 15.28.210 are each
amended to read as follows:
Every dealer, handler, and processor shall keep a complete and
accurate record of all soft tree fruits handled, shipped, or processed
by him or her. Such record shall be in simple form and contain such
information as the commission shall by rule or regulation prescribe.
The records shall be preserved by such handler, dealer, and processor
for a period of two years and shall be offered and submitted for
inspection at any reasonable time upon written request of the
commission or its duly authorized agents.
Sec. 6042 RCW 15.28.220 and 1961 c 11 s 15.28.220 are each
amended to read as follows:
Every dealer, handler, and processor shall at such times as the
commission may by rule or regulation require, file with the commission
a return under oath on forms to be prescribed and furnished by the
commission, stating the quantity of soft tree fruits handled, shipped,
or processed by him or her during the period or periods of time
prescribed by the commission. Such return shall contain such further
information as may be necessary to carry out the objects and purposes
of this chapter.
Sec. 6043 RCW 15.28.230 and 1961 c 11 s 15.28.230 are each
amended to read as follows:
All assessments levied and imposed by this chapter shall be due
prior to shipment and shall become delinquent if not paid within thirty
days after the time established for such payment according to
regulations of the commission. A delinquent penalty shall be payable
on any such delinquent assessment, calculated as interest on the
principal amount due at the rate of ten percent per annum. Any
delinquent penalty shall not be charged back against the grower unless
he or she caused such delay in payment of the assessment due.
Sec. 6044 RCW 15.28.260 and 1961 c 11 s 15.28.260 are each
amended to read as follows:
If the commission publishes a bulletin or other publication, or a
section in some established trade publication, for the dissemination of
information to the soft tree fruit industry in this state, the first
two dollars of any assessment paid annually by each grower, handler,
dealer, and processor of such fruit shall be applied to the payment of
his or her subscription to such bulletin or publication.
Sec. 6045 RCW 15.28.280 and 1961 c 11 s 15.28.280 are each
amended to read as follows:
Any prosecution brought under this chapter may be instituted or
brought in any county in the state in which the defendant or any of the
defendants reside, or in which the violation was committed, or in which
the defendant or any of the defendants has his or her principal place
of business.
The several superior courts of the state are hereby vested with
jurisdiction to enforce this chapter and to prevent and restrain
violations thereof, or of any rule or regulation promulgated by the
commission.
Sec. 6046 RCW 15.28.310 and 1961 c 11 s 15.28.310 are each
amended to read as follows:
Agents of the commission, upon specific written authorization
signed by the ((chairman)) chair or secretary-manager thereof, shall
have the right to inspect the premises, books, records, documents, and
all other instruments of any carrier, railroad, truck, boat, grower,
handler, dealer, and processor for the purpose of enforcing this
chapter and collecting the assessments levied hereunder.
Sec. 6047 RCW 15.30.010 and 1961 c 29 s 1 are each amended to
read as follows:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state
of Washington.
(2) "Director" means the director of the department or his or her
duly appointed representative.
(3) "Person" means a natural person, individual, or firm,
partnership, corporation, company, society, and association and every
officer, agent, or employee thereof. This term shall import either the
singular or plural, as the case may be.
(4) "Controlled atmosphere storage" means any storage warehouse
consisting of one or more rooms, or one or more rooms in any one
facility in which atmospheric gases are controlled in their amount and
in degrees of temperature for the purpose of controlling the condition
and maturity of any fresh fruits or vegetables in order that, upon
removal, they may be designated as having been exposed to controlled
atmosphere.
Sec. 6048 RCW 15.30.030 and 1961 c 29 s 3 are each amended to
read as follows:
Application for a license to operate a controlled atmosphere
warehouse shall be on a form prescribed by the director and shall
include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is an individual, receiver, trustee, firm,
partnership, association, or corporation, the full name of each member
of the firm or partnership or the names of the officers of the
association or corporation shall be given on the application.
(3) The principal business address of the applicant in the state
and elsewhere.
(4) The name of a person domiciled in this state authorized to
receive and accept service or legal notices of all kinds.
(5) The storage capacity of each controlled atmosphere storage
warehouse the applicant intends to operate by cubic capacity or volume.
(6) The kind of fruits or vegetables for which the applicant
intends to provide controlled atmosphere storage.
(7) Any other information prescribed by the director necessary to
carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his or her
satisfaction that the applicant has satisfied the requirements of this
chapter and rules adopted hereunder and that such applicant has paid
the required license fee.
Sec. 6049 RCW 15.30.070 and 1961 c 29 s 7 are each amended to
read as follows:
If an application for renewal of the license provided for in RCW
15.30.020 is not filed prior to September 1st of any one year, a
penalty of two dollars and fifty cents shall be assessed and added to
the original fee and shall be paid by the applicant before the renewal
license shall be issued: PROVIDED, That such penalty shall not apply
if the applicant furnishes an affidavit that he or she has not engaged
in the business of operating a controlled atmosphere storage warehouse
subsequent to the expiration of his or her prior license.
Sec. 6050 RCW 15.30.080 and 1961 c 29 s 8 are each amended to
read as follows:
The director is authorized to deny, suspend, or revoke the license
provided for in RCW 15.30.020 subsequent to a hearing, in any case in
which he or she finds that there has been a failure or refusal to
comply with the provisions of this chapter or rules adopted hereunder.
Sec. 6051 RCW 15.35.240 and 1989 c 307 s 36 and 1989 c 175 s 47
are each reenacted and amended to read as follows:
The director may deny, suspend, or revoke a license upon due notice
and an opportunity for a hearing as provided in chapter 34.05 RCW
concerning adjudicative proceedings, or rules adopted thereunder by the
director, when he or she is satisfied by a preponderance of the
evidence of the existence of any of the following facts:
(1) A milk dealer has failed to account and make payments without
reasonable cause, for milk purchased from a producer subject to the
provisions of this chapter or rules adopted hereunder;
(2) A milk dealer has committed any act injurious to the public
health or welfare or to trade and commerce in milk;
(3) A milk dealer has continued in a course of dealing of such
nature as to satisfy the director of his or her inability or
unwillingness to properly conduct the business of handling or selling
milk, or to satisfy the director of his or her intent to deceive or
defraud producers subject to the provisions of this chapter or rules
adopted hereunder;
(4) A milk dealer has rejected without reasonable cause any milk
purchased or has rejected without reasonable cause or reasonable
advance notice milk delivered in ordinary continuance of a previous
course of dealing, except where the contract has been lawfully
terminated;
(5) Where the milk dealer is insolvent or has made a general
assignment for the benefit of creditors or has been adjudged bankrupt
or where a money judgment has been secured against him or her upon
which an execution has been returned wholly or partially satisfied;
(6) Where the milk dealer has been a party to a combination to fix
prices, contrary to law; a cooperative association organized under
chapter 23.86 RCW and making collective sales and marketing milk
pursuant to the provisions of such chapter, directly or through a
marketing agent, shall not be deemed or construed to be a conspiracy or
combination in restraint of trade or an illegal monopoly;
(7) Where there has been a failure either to keep records or to
furnish statements or information required by the director;
(8) Where it is shown that any material statement upon which the
license was issued is or was false or misleading or deceitful in any
particular;
(9) Where the applicant is a partnership or a corporation and any
individual holding any position or interest or power of control therein
has previously been responsible in whole or in part for any act for
which a license may be denied, suspended, or revoked, pursuant to the
provisions of this chapter or rules adopted hereunder;
(10) Where the milk dealer has violated any provisions of this
chapter or rules adopted hereunder;
(11) Where the milk dealer has ceased to operate the milk business
for which the license was issued.
Sec. 6052 RCW 15.37.010 and 1961 c 285 s 1 are each amended to
read as follows:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state
of Washington.
(2) "Director" means the director of the department or his or her
duly appointed representative.
(3) "Person" means a natural person, individual, or firm,
partnership, corporation, company, society, and association, and every
officer, agent, or employee thereof. This term shall import either the
singular or plural, as the case may be.
Sec. 6053 RCW 15.37.040 and 1961 c 285 s 4 are each amended to
read as follows:
Application for a license shall be on a form prescribed by the
director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is a receiver, trustee, firm, partnership,
association, or corporation, the full name of each member of the firm
or partnership or the names of the officers of the association or
corporation shall be given on the application.
(3) The principal business address of the applicant in the state
and elsewhere.
(4) The name of a person domiciled in this state authorized to
receive and accept service or legal notice of all kinds.
(5) Any other information prescribed by the director necessary to
carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his or her
satisfaction that the applicant has satisfied the requirements of this
chapter and rules adopted hereunder and that such applicant has paid
the required fee.
Sec. 6054 RCW 15.37.060 and 1961 c 285 s 6 are each amended to
read as follows:
If an application for renewal of a license provided for in RCW
15.37.030 is not filed prior to July 1st of any one year, a penalty of
ten dollars shall be assessed and added to the original fee and shall
be paid by the applicant before the renewal license shall be issued:
PROVIDED, That such penalty shall not apply if the applicant furnishes
an affidavit that he or she has not sold, offered for sale, held for
sale, or advertised for sale, milk, cream, or skim milk for animal food
consumption subsequent to the expiration of his or her prior license.
Sec. 6055 RCW 15.37.070 and 1961 c 285 s 7 are each amended to
read as follows:
The director is authorized to deny, suspend, or revoke the license
provided for in RCW 15.37.030 subsequent to a hearing in any case in
which he or she finds that there has been a failure or refusal to
comply with the provisions of this chapter or rules adopted hereunder.
Sec. 6056 RCW 15.37.120 and 1961 c 285 s 12 are each amended to
read as follows:
The director or his or her duly authorized representative may
enter, during reasonable business hours, any ((premise[s])) premises
where milk, cream, or skim milk subject to the provisions of this
chapter is produced, handled, distributed, sold, offered for sale, held
for sale, or used for the inducement of the sale of another product to
determine if such milk, cream, or skim milk has been properly
decharacterized as provided in RCW 15.37.100 or rules adopted
hereunder. No person shall interfere with the director or his or her
duly authorized representative when he or she is performing or carrying
out the duties imposed on him or her by this chapter or rules adopted
hereunder.
Sec. 6057 RCW 15.44.027 and 1975 1st ex.s. c 136 s 7 are each
amended to read as follows:
The commission shall delete, combine, revise, amend, or modify in
any manner commission districts and boundaries by regulation as
required and in accordance with the intent and provisions of this
section. Commission districts established by statute prior to
September 8, 1975 shall remain in effect until superseded by such
regulations.
The boundaries of the commission districts shall be maintained in
a manner that assures each producer a representation in the commission
which is reasonably equal with the representation afforded all other
producers by their commission members.
The commission shall, when requested in accordance with the
provisions of the administrative procedure act, chapter 34.05 RCW as
enacted or hereafter amended, or on its own initiative, hold hearings
to determine if new boundaries for each commission district should be
established in order to afford each producer a reasonably equal
representation in the commission, and if the commission so finds it
shall change the boundaries of said commission districts to carry out
the proper reapportionment of producer representation on the
commission: PROVIDED, That the requirement of this section for
reasonable equal representation of each producer on the commission need
not require an equality of representation when the commission districts
east of the crest of the Cascade mountains are compared to the
commission districts west of the crest of the Cascade mountains:
PROVIDED FURTHER, That the area east of the crest of the Cascade
mountains shall comprise not less than two commission districts.
The commission may in carrying out this reapportionment directive
reduce the number of districts presently provided by prior law,
whenever it is in the best interest of the producers and if such change
would maintain reasonable apportionment for each historical production
or marketing area: PROVIDED, That each elected commission member whose
district may be consolidated with another district shall be allowed to
serve out his or her term of office.
If the commission fails to carry out its directive as set forth
herein for equal representation of each producer on the commission the
director of agriculture may upon request by ten producers institute a
hearing to determine if there is reasonably equal representation for
each producer on the commission. If the director of agriculture finds
that such reasonably equal representation is lacking, he or she then
shall realign the district boundaries in a manner which will provide
proper representation on the commission for each producer.
Sec. 6058 RCW 15.44.050 and 1979 ex.s. c 238 s 3 are each amended
to read as follows:
The commission shall elect a manager, who is not a member, and fix
his or her compensation; and shall appoint a secretary-treasurer, who
shall sign all vouchers and receipts for all moneys received by the
commission. The treasurer shall file with the commission a fidelity
bond in the sum of one hundred thousand dollars, executed by a surety
company authorized to do business in the state, in favor of the state
and the commission, conditioned for the faithful performance of his or
her duties and strict accounting of all funds to the commission.
Sec. 6059 RCW 15.44.060 and 2002 c 313 s 93 are each amended to
read as follows:
The commission shall have the power and duty to:
(1) Elect a ((chairman)) chair and such other officers as it deems
advisable, and adopt, rescind, and amend rules, regulations, and orders
for the exercise of its powers, which shall have the effect of law when
not inconsistent with existing laws;
(2) Administer and enforce the provisions of this chapter and
perform all acts and exercise all powers reasonably necessary to
effectuate the purpose hereof;
(3) Employ and discharge advertising counsel, advertising agents,
and such attorneys, agents, and employees as it deems necessary, and
prescribe their duties and powers and fix their compensation;
(4) Establish offices, incur expenses, enter into contracts, and
create such liabilities as are reasonable and proper for the proper
administration of this chapter;
(5) Investigate and prosecute violations of this chapter;
(6) Conduct scientific research designed to improve milk
production, quality, transportation, processing, and distribution and
to develop and discover uses for products of milk and its derivatives;
(7) Make in its name such contracts and other agreements as are
necessary to build demand and promote the sale of dairy products on
either a state, national, or foreign basis;
(8) Keep accurate records of all its dealings, which shall be open
to public inspection and audit by the regular agencies of the state;
(9) Conduct the necessary research to develop more efficient and
equitable methods of marketing dairy products, and enter upon, singly
or in participation with others, the promotion and development of
state, national, or foreign markets;
(10) Participate in federal and state agency hearings, meetings,
and other proceedings relating to the regulation of the production,
manufacture, distribution, sale, or use of dairy products, to provide
educational meetings and seminars for the dairy industry on such
matters, and to expend commission funds for such activities;
(11) Retain the services of private legal counsel to conduct legal
actions, on behalf of the commission. The retention of a private
attorney is subject to the review of the office of the attorney
general;
(12) Work cooperatively with other local, state, and federal
agencies, universities, and national organizations for the purposes of
this chapter;
(13) Accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and public
agencies to carry out the purposes of this chapter;
(14) Engage in appropriate fund-raising activities for the purpose
of supporting activities of the commission authorized by this chapter;
(15) Expend funds for commodity-related education, training, and
leadership programs as the commission deems appropriate; and
(16) Work cooperatively with nonprofit and other organizations to
carry out the purposes of this chapter.
Sec. 6060 RCW 15.44.090 and 1979 ex.s. c 238 s 7 are each amended
to read as follows:
All assessments shall be collected by the first dealer and deducted
from the amount due the producer, and all moneys so collected shall be
paid to the treasurer of the commission on or before the twentieth day
of the succeeding month for the previous month's collections, and
deposited by him or her in banks designated by the commission to the
credit of the commission fund. If a dealer or a producer who acts as
a dealer fails to remit any assessments, or fails to make deductions
for assessments, such sum shall, in addition to penalties provided in
this chapter, be a lien on any property owned by him or her, and shall
be reported to the county auditor by the commission, supported by
proper and conclusive evidence, and collected in the manner and with
the same priority over other creditors as prescribed for the collection
of delinquent taxes.
Sec. 6061 RCW 15.44.100 and 1961 c 11 s 15.44.100 are each
amended to read as follows:
Each dealer or shipper shall keep a complete and accurate record of
all milk or cream handled by him or her. The record shall be in such
form and contain such information as the commission shall prescribe,
and shall be preserved for a period of two years, and be submitted for
inspection at any time upon request of the commission or its agent.
Sec. 6062 RCW 15.49.101 and 1989 c 354 s 80 are each amended to
read as follows:
(1) Upon referral of a complaint for investigation, the arbitration
committee shall make a prompt and full investigation of the matters
complained of and report its award to the director within sixty days of
such referral or such later date as parties may determine or as may be
required in subsection (3) of this section.
(2) The report of the arbitration committee shall include, in
addition to its award, recommendations as to costs, if any.
(3) In the course of its investigation, the arbitration committee
may examine the buyer and the dealer on all matters that the
arbitration committee may consider relevant; may grow a representative
sample of the seed referred to in the complaint if considered
necessary; and may hold informal hearings at such time and place as the
committee ((chairman)) chair may direct upon reasonable notice to all
parties. If the committee decides to grow a representative sample of
the seed, the sixty-day period identified in this section shall be
extended an additional thirty days.
(4) After the committee has made its award, the director shall
promptly transmit the report by certified mail to all parties.
Sec. 6063 RCW 15.49.111 and 1989 c 354 s 81 are each amended to
read as follows:
(1) The director shall create an arbitration committee composed of
five members, including the director, or a department employee
designated by the director, and four members appointed by the director.
The director shall make appointments so that the committee is balanced
and does not favor the interests of either buyers or dealers. The
director also shall appoint four alternates to the committee. In
making appointments the director, to the extent practical, shall seek
the recommendations of each of the following:
(a) The dean of the college of agriculture and home economics at
Washington State University;
(b) The chief officer of an organization in this state representing
the interests of seed dealers;
(c) The chief officer of an agriculture organization in this state
as the director may determine to be appropriate; and
(d) The president of an agricultural organization in this state
representing persons who purchase seed.
(2) Each alternate member shall serve only in the absence of the
member for whom the person is an alternate.
(3) The committee shall elect a ((chairman)) chair and a secretary
from its membership. The ((chairman)) chair shall conduct meetings and
deliberations of the committee and direct all of its other activities.
The secretary shall keep accurate records of all such meetings and
deliberations and perform such other duties for the commission as the
((chairman)) chair may direct.
(4) The purpose of the committee is to conduct arbitration as
provided in this chapter. The committee may be called into session by
or at the direction of the director or upon direction of its
((chairman)) chair to consider matters referred to it by the director
in accordance with this chapter.
(5) The members of the committee shall receive no compensation for
performing their duties but shall be reimbursed for travel expenses;
expense reimbursement shall be borne equally by the parties to the
arbitration.
(6) For purposes of this chapter, a quorum of four members or their
alternates is necessary to conduct an arbitration investigation or to
make an award. If a quorum is present, a simple majority of members
present shall be sufficient to make a decision. Any member disagreeing
with the award may prepare a dissenting opinion and such opinion also
will be included in the committee's report.
(7) The director shall make provisions for staff support, including
legal advice, as the committee finds necessary.
Sec. 6064 RCW 15.49.380 and 1982 c 182 s 24 are each amended to
read as follows:
(1) No person shall distribute seeds without having obtained a
dealer's license for each regular place of business: PROVIDED, That no
license shall be required of a person who distributes seeds only in
sealed packages of eight ounces or less, packed by a seed labeling
registrant and bearing the name and address of the registrant:
PROVIDED FURTHER, That a license shall not be required of any grower
selling seeds of his or her own production exclusively. Such seed sold
by such grower must be properly labeled as provided in this chapter.
Each dealer's license shall cost twenty-five dollars, shall be issued
through the master license system, shall bear the date of issue, shall
expire on the master license expiration date and shall be prominently
displayed in each place of business.
(2) Persons custom conditioning and/or custom treating seeds for
others for remuneration shall be considered dealers for the purpose of
this chapter.
(3) Application for a license to distribute seed shall be through
the master license system and shall include the name and address of the
person applying for the license, the name of a person domiciled in this
state authorized to receive and accept service or legal notices of all
kinds, and any other reasonable and practical information prescribed by
the department necessary to carry out the purposes and provisions of
this chapter.
Sec. 6065 RCW 15.49.400 and 1969 c 63 s 40 are each amended to
read as follows:
(1) No person shall label seed for distribution in this state
without having obtained a seed labeling permit. The seed labeling
registrant shall be responsible for the label and the seed contents.
The application for a seed labeling permit shall be submitted to the
department on forms furnished by the department, and shall be
accompanied by a fee of twenty dollars per applicant. The application
form shall include the name and address of the applicant, a label or
label facsimile, and any other reasonable and practical information
prescribed by the department. Upon approval, the department shall
issue said permit to the applicant. All permits expire on January 31st
of each year.
(2) If an application for renewal of the seed labeling permit
provided for in this section is not filed prior to February 1st of any
one year, an additional fee of ten dollars shall be assessed and added
to the original fee and shall be paid by the applicant before the
license shall be issued: PROVIDED, That such additional fee shall not
apply if the applicant furnishes an affidavit that he or she has not
labeled seed for distribution in this state subsequent to the
expiration of his or her prior permit.
Sec. 6066 RCW 15.58.100 and 1979 c 146 s 2 are each amended to
read as follows:
(1) The director shall require the information required under RCW
15.58.060 and shall register the label or labeling for such pesticide
if he or she determines that:
(a) Its composition is such as to warrant the proposed claims for
it;
(b) Its labeling and other material required to be submitted comply
with the requirements of this chapter;
(c) It will perform its intended function without unreasonable
adverse effects on the environment;
(d) When used in accordance with widespread and commonly recognized
practice it will not generally cause unreasonable adverse effects on
the environment;
(e) In the case of any pesticide subject to section 24(c) of FIFRA,
it meets (((1)))(a), (b), (c), and (d) of this ((section)) subsection
and the following criteria:
(i) The proposed classification for general use, for restricted
use, or for both is in conformity with section 3(d) of FIFRA;
(ii) A special local need exists.
(2) The director shall not make any lack of essentiality a
criterion for denying registration of any pesticide.
Sec. 6067 RCW 15.58.280 and 1989 c 380 s 24 are each amended to
read as follows:
The sampling and examination of pesticides or devices shall be made
under the direction of the director for the purpose of determining
whether or not they comply with the requirements of this chapter. The
director is authorized, upon presentation of proper identification, to
enter any distributor's premises, including any vehicle of transport,
at all reasonable times in order to have access to pesticides or
devices. If it appears from such examination that a pesticide or
device fails to comply with the provisions of this chapter or rules
adopted under this chapter, and the director contemplates instituting
criminal proceedings against any person, the director shall cause
notice to be given to such person. Any person so notified shall be
given an opportunity to present his or her views, either orally or in
writing, with regard to the contemplated proceedings. If thereafter in
the opinion of the director it appears that the provisions of this
chapter or rules adopted under this chapter have been violated by such
person, the director shall refer a copy of the results of the analysis
or the examination of such pesticide or device to the prosecuting
attorney for the county in which the violation occurred.
Sec. 6068 RCW 15.64.010 and 1961 c 11 s 15.64.010 are each
amended to read as follows:
The director shall investigate and promote the economical and
efficient distribution of farm products, and in so doing may cooperate
with federal agencies and agencies of this and other states engaged in
similar activities. For such purposes he or she may:
(1) Maintain a market news service by bulletins and through
newspapers, giving information as to prices, available supplies of
different farm products, demand in local and foreign markets, freight
rates, and any other data of interest to producers and consumers;
(2) Aid producers and consumers in establishing economical and
efficient methods of distribution, promoting more direct business
relations by organizing cooperative societies of buyers and sellers and
by other means reducing the cost and waste in the distribution of farm
products;
(3) Investigate the methods of ((middlemen)) intermediaries
handling farm products, and in so doing, he or she may hear complaints
and suggestions and may visit places of business of all such
((middlemen)) intermediaries and may examine under oath, the officers
and employees thereof;
(4) If he or she finds further legislation on this subject
advisable, he or she shall make recommendations thereon to the governor
not later than the fifteenth of November of each even-numbered year;
(5) Investigate the possibilities of direct dealing between the
producer and consumer by parcel post and other mail order methods;
(6) Assist in the obtaining and employment of farm labor, and to
that end cooperate with federal, state, and municipal agencies engaged
in similar work;
(7) Investigate the methods, charges, and delays of transportation
of farm products and assist producers in relation thereto.
Sec. 6069 RCW 15.65.100 and 1961 c 256 s 10 are each amended to
read as follows:
The director shall make and publish findings based upon the facts,
testimony, and evidence received at the public hearings together with
any other relevant facts available to him or her from official
publications of the United States or any state thereof or any
institution of recognized standing and he or she is hereby expressly
empowered to take "official notice" of the same. Such findings shall
be made upon every material point controverted at the hearing and/or
required by this chapter and upon such other matters and things as the
director may deem fitting and proper. The director shall issue a
recommended decision based upon his or her findings and shall cause
copies of the findings and recommended decision to be delivered or
mailed to all parties of record appearing at the hearing, or their
attorneys of record.
Sec. 6070 RCW 15.65.110 and 1961 c 256 s 11 are each amended to
read as follows:
After the issuance of a recommended decision all interested parties
shall have a period of not less than ten days to file objections or
exceptions with the director. Thereafter the director shall take such
objections and exceptions as are filed into consideration and shall
issue and publish his or her final decision which may be the same as
the recommended decision or may be revised in the light of said
objections and exceptions. Upon written waiver executed by all parties
of record at any hearing or by their attorneys of record the director
may in his or her discretion omit compliance with the provisions of
this section.
Sec. 6071 RCW 15.65.130 and 1961 c 256 s 13 are each amended to
read as follows:
With respect to marketing agreements, the director shall after
publication of his or her final decision, invite all producers and
handlers affected thereby to assent or agree to the agreement or
amendment set out in such decision. Said marketing agreements or
amendments thereto shall be binding upon and only upon persons who have
agreed thereto in writing and whose written agreement has been filed
with the director: PROVIDED, That the filing of such written agreement
by a cooperative association shall be binding upon such cooperative and
all of its members, and PROVIDED, FURTHER, That the director shall
enter into and put into force a marketing agreement or amendment
thereto when and only when he or she shall find in addition to the
other findings specified in this chapter that said marketing agreement
or any amendment thereto has been assented to by a sufficient number of
signatories who handle or produce a sufficient volume of the commodity
affected to tend to effectuate the declared policies and purposes of
this chapter and to accomplish the purposes and objects of such
agreement or amendment thereto and provide sufficient moneys from
assessments levied to defray the necessary expenses of formulation,
issuance, administration, and enforcement. Such agreement shall be
deemed to be issued and put into force and effect when the director
shall have so notified all persons who have assented thereto.
Sec. 6072 RCW 15.65.160 and 1985 c 261 s 6 are each amended to
read as follows:
After publication of his or her final decision, the director shall
ascertain (either by written agreement in accordance with
((subdivision)) subsection (1) of this section or by referendum in
accordance with ((subdivision)) subsection (2) of this section) whether
the above specified percentages of producers and/or handlers assent to
or approve any proposed order, amendment, or termination, and for such
purpose:
(1) The director may ascertain whether assent or approval by the
percentages specified in RCW 15.65.140, 15.65.150 or 15.65.190
(whichever is applicable) have been complied with by written agreement,
and the requirements of assent or approval shall, in such case, be held
to be complied with, if of the total number of affected producers or
affected handlers within the affected area and the total volume of
production of the affected commodity or product thereof, the
percentages evidencing assent or approval are equal to or in excess of
the percentages specified in said sections; or
(2) The director may conduct a referendum among producers within
the affected area and the requirements of assent or approval shall be
held to be complied with if of the total number of such producers and
the total volume of production represented in such referendum the
percentage assenting to or favoring is equal to or in excess of the
percentage specified in RCW 15.65.140, 15.65.150 or 15.65.190
(whichever is applicable) as now or hereafter amended: PROVIDED, That
thirty percent of the affected producers within the affected area
producing thirty percent by volume of the affected commodity have been
represented in a referendum to determine assent or approval of the
issuance of a marketing order: PROVIDED FURTHER, That a marketing
order shall not become effective when the provisions of ((subdivision))
subsection (3) of this section are used unless sixty-five percent by
number of the affected producers within the affected area producing
fifty-one percent by volume of the affected commodity or fifty-one
percent by number of such affected producers producing sixty-five
percent by volume of the affected commodity approve such marketing
order;
(3) The director shall consider the assent or dissent or the
approval or disapproval of any cooperative marketing association
authorized by its producer members either by a majority vote of those
voting thereon or by its articles of incorporation or by its bylaws or
by any marketing or other agreement to market the affected commodity
for such members or to act for them in any such referendum as being the
assent or dissent or the approval or disapproval of the producers who
are members of or stockholders in or under contract with such
cooperative association of producers: PROVIDED, That the association
shall first determine that a majority of its affected producers
authorizes its action concerning the specific marketing order.
Sec. 6073 RCW 15.65.190 and 1985 c 261 s 7 are each amended to
read as follows:
Any marketing agreement or order shall be terminated if the
director finds that fifty-one percent by numbers and fifty-one percent
by volume of production of the affected producers within the affected
area favor or assent to such termination. The director may ascertain
without compliance with the provisions of RCW 15.65.050 through
15.65.130 whether such termination is so assented to or favored
whenever twenty percent by numbers or twenty percent by volume of
production of said producers file written application with him or her
for such termination. No such termination shall become effective until
the expiration of the marketing season then current.
Sec. 6074 RCW 15.65.210 and 1977 ex.s. c 26 s 4 are each amended
to read as follows:
The director shall administer, enforce, direct, and control every
marketing agreement and order in accordance with its provisions. For
such purposes he or she shall include in each order and he or she may
include in each agreement provisions for the employment of such
administrator and such additional personnel (including attorneys
engaged in the private practice of law, subject to the approval and
supervision of the attorney general) as he or she determines are
necessary and proper for such order or agreement to effectuate the
declared policies of this chapter. Such provisions may provide for the
qualifications, method of selection, term of office, grounds of
dismissal, and the detailed powers and duties to be exercised by such
administrator or board and by such additional personnel, including the
authority to borrow money and incur indebtedness, and may also provide
either that the said administrative board shall be the commodity board
or that the administrator or administrative board be designated by the
director or the governor.
Sec. 6075 RCW 15.65.280 and 2002 c 313 s 29 are each amended to
read as follows:
The powers and duties of the board shall be:
(1) To elect a ((chairman)) chair and such other officers as it
deems advisable;
(2) To advise and counsel the director with respect to the
administration and conduct of such marketing agreement or order;
(3) To recommend to the director administrative rules and orders
and amendments thereto for the exercise of his or her powers in
connection with such agreement or order;
(4) To advise the director upon any and all assessments provided
pursuant to the terms of such agreement or order and upon the
collection, deposit, withdrawal, disbursement and paying out of all
moneys;
(5) To assist the director in the collection of such necessary
information and data as the director may deem necessary in the proper
administration of this chapter;
(6) To administer the order or agreement as its administrative
board if the director designates it so to do in such order or
agreement;
(7) To work cooperatively with other local, state, and federal
agencies; universities; and national organizations for the purposes
provided in the board's marketing order or agreement;
(8) To enter into contracts or interagency agreements with any
private or public agency, whether federal, state, or local, to carry
out the purposes provided in the board's marketing order or agreement.
Personal service contracts must comply with chapter 39.29 RCW;
(9) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and public
agencies to carry out the purposes provided in the board's marketing
order or agreement;
(10) To retain in emergent situations the services of private legal
counsel to conduct legal actions on behalf of a board. The retention
of a private attorney is subject to review by the office of the
attorney general;
(11) To engage in appropriate fund-raising activities for the
purpose of supporting activities of the board authorized by the
marketing order or agreement;
(12) To enter into contracts or agreements for research in the
production, irrigation, processing, transportation, marketing, use, or
distribution of an affected commodity;
(13) To participate in international, federal, state, and local
hearings, meetings, and other proceedings relating to the production,
irrigation, manufacture, regulation, transportation, distribution,
sale, or use of affected commodities including activities authorized
under RCW 42.17.190, including the reporting of those activities to the
public disclosure commission;
(14) To maintain a list of the names and addresses of affected
producers that may be compiled from information used to collect
assessments under the marketing order or agreement, and data on the
value of each producer's production for a minimum three-year period;
(15) To maintain a list of the names and addresses of persons who
handle the affected commodity within the affected area and data on the
amount and value of the commodity handled for a minimum three-year
period by each person; and
(16) To perform such other duties as the director may prescribe in
the marketing agreement or order.
Any agreement or order under which the commodity board administers
the order or agreement shall (if so requested by the affected producers
within the affected area in the proposal or promulgation hearing)
contain provisions whereby the director reserves the power to approve
or disapprove every order, rule or directive issued by the board, in
which event such approval or disapproval shall be based on whether or
not the director believes the board's action has been carried out in
conformance with the purposes of this chapter.
Sec. 6076 RCW 15.65.290 and 1961 c 256 s 29 are each amended to
read as follows:
Obligations incurred by any administrator or board or employee or
agent thereof pertaining to their performance or nonperformance or
misperformance of any matters or things authorized, required or
permitted them by this chapter or any marketing agreement or order
issued pursuant to this chapter, and any other liabilities or claims
against them or any of them shall be enforced in the same manner as if
the whole organization under such marketing agreement or order were a
corporation. No liability for the debts or actions of such
administrator, board, employee, or agent incurred in their official
capacity under the agreement or order shall exist either against its
administrator, board, officers, employees, and/or agents in his or her
or their individual capacity, nor against the state of Washington or
any subdivision or instrumentality thereof nor against any other
organization, administrator or board (or employee or agent thereof)
established pursuant to this chapter or the assets thereof. The
administrator of any order or agreement, the members of any such board,
and also his or her or their agents and employees, shall not be held
responsible individually in any way whatsoever to any person for errors
in judgment, mistakes, or other acts, either of commission or omission,
as principal, agent, person, or employee, except for their own
individual acts of dishonesty or crime. No such person or employee
shall be held responsible individually for any act or omission of any
other administrator, board, member of any such board, or other person.
The liability of the members of any such board shall be several and not
joint and no member shall be liable for the default of any other
member.
Sec. 6077 RCW 15.65.320 and 1961 c 256 s 32 are each amended to
read as follows:
Any marketing agreement or order may provide for research in the
production, processing, and/or distribution of the affected commodity
and for the expenditure of money for such purposes. Insofar as
practicable, such research shall be carried out by experiment stations
of Washington state university but if in the judgment of the director
or his or her designee said experiment stations do not have adequate
facilities for a particular project or if some other research agency
has better facilities therefor, the project may be carried out by other
research agencies selected by the director or his or her designee.
Sec. 6078 RCW 15.65.330 and 1961 c 256 s 33 are each amended to
read as follows:
Any marketing agreement or order may contain provisions which
directly provide for, or which authorize the director or his or her
designee to provide by rules and regulations for, any one or more, or
all, of the following: (1) Establishing uniform grades and standards
of quality, condition, maturity, size, weight, pack, packages, and/or
label for the affected commodity or any products thereof; (2) requiring
producers, handlers, and/or other persons to conform to such grades
and/or standards in packing, packaging, processing, labeling, selling,
or otherwise commercially disposing of the affected commodity and/or in
offering, advertising, and/or delivering it therefor; (3) providing for
inspection and enforcement to ascertain and effectuate compliance; (4)
establishing rules and regulations respecting the foregoing; (5)
providing that the director or his or her designee shall carry out
inspection and enforcement of, and may (within the general provisions
of the agreement or order) establish detailed provisions relating to,
such standards and grades and such rules and regulations: PROVIDED,
That any modification not of a substantial nature, such as the
modification of standards within a certain grade may be made without a
hearing, and shall not be considered an amendment for the purposes of
this chapter.
Sec. 6079 RCW 15.65.340 and 1961 c 256 s 34 are each amended to
read as follows:
Any marketing agreement or order may contain provisions prohibiting
and/or otherwise regulating any one or more or all of the practices
listed to the extent that such practices affect, directly or
indirectly, the commodity which forms the subject matter of such
agreement or order or any product thereof, but only with respect to
persons who engage in such practices with the intent of or with the
reasonably foreseeable effect of inducing any purchaser to become his
or her customer or his or her supplier or of otherwise dealing or
trading with him or her or of diverting trade from a competitor, to
wit:
(1) Paying rebates, commissions, or unearned discounts;
(2) Giving away or selling below the true cost (which includes all
direct and indirect costs incurred to the point of sale plus a
reasonable margin of mark-up for the seller) any of the affected
commodities or of any other commodity or product thereof;
(3) Unfairly extending privileges or benefits (pertaining to price,
to credit, to the loan, lease or giving away of facilities, equipment
or other property or to any other matter or thing) to any customer,
supplier, or other person;
(4) Discriminating between customers, or suppliers of like class;
(5) Using the affected or any other commodity or product thereof as
a loss leader or using any other device whereby for advertising,
promotional, come-on or other purposes such commodity or product is
sold below its fair value;
(6) Making or publishing false or misleading advertising. Such
regulation may authorize uniform trade practices applicable to all
similarly situated handlers and/or other persons. Such regulation
shall not prevent any person (a) from selling below cost to liquidate
excess inventory which cannot otherwise be moved, or (b) from meeting
the equally low legal price of any competitor within any one trading
area during any one trading period and the director may define in said
marketing agreement or order said trading area and said trading period
in accordance with generally accepted industry practices; but in any
event the burden of proving that such selling was to meet the equally
low legal price of a competitor or to liquidate said excess inventory
shall be upon the person who sells below cost as above defined. Any
marketing agreement or order may authorize use of any money received
and of any persons employed thereunder for legal proceedings, of any
type and in the name of any person, directed to enforcement of this or
any other law in force in the state of Washington relating to the
prevention of unfair trade practices.
Sec. 6080 RCW 15.65.390 and 1987 c 393 s 9 are each amended to
read as follows:
There is hereby levied, and the director or his or her designee
shall collect, upon each and every affected unit of any agricultural
commodity specified in any marketing agreement or order an annual
assessment which shall be paid by the producer thereof upon each and
every such affected unit stored in frozen condition or sold or marketed
or delivered for sale or marketed by him or her, and which shall be
paid by the handler thereof upon each and every such unit purchased or
received for sale, processing or distribution, or stored in frozen
condition, by him or her: PROVIDED, That such assessment shall be paid
by producers only, if only producers are regulated by such agreement or
order, and by handlers only, if only handlers are so regulated, and by
both producers and handlers if both are so regulated. Such assessments
shall be expressed as a stated amount of money per unit or as a
percentage of the receipt price at the first point of sale. The total
amount of such annual assessment to be paid by all producers of such
commodity, or by all handlers of such commodity shall not exceed four
percent of the total market value of all affected units stored in
frozen condition or sold or marketed or delivered for sale or marketing
by all producers of such units during the year to which the assessment
applies.
Sec. 6081 RCW 15.65.400 and 1987 c 393 s 10 are each amended to
read as follows:
In every marketing agreement and order the director shall prescribe
the rate of such assessment. Such assessment shall be expressed as a
stated amount of money per unit or as a percentage of the receipt price
at the first point of sale. Such rate may be at the full amount of, or
at any lesser amount than the amount hereinabove limited. Such rate
may be altered or amended from time to time, but only upon compliance
with the procedural requirements of this chapter. In every such
marketing agreement, order and amendment the director shall base his or
her determination of such rate upon the volume and price of sales of
affected units (or units which would have been affected units had the
agreement or order been in effect) during a period which the director
determines to be a representative period. The rate of assessment
prescribed in any such agreement, order or amendment shall for all
purposes and times be deemed to be within the limits of assessment
above provided until such time as such agreement or order is amended as
to such rate.
Sec. 6082 RCW 15.65.410 and 1985 c 261 s 14 are each amended to
read as follows:
The director shall prescribe in each marketing order and agreement
the time, place, and method for payment and collection of assessments
under such order or agreement upon any uniform basis applicable alike
to all producers subject to such assessment, and upon the same or any
other uniform basis applicable alike to all handlers subject to such
assessment. For such purpose the director may, by the terms of the
marketing order or agreement:
(1) Require stamps to be purchased from him or her or his or her
designee and attached to the containers, invoices, shipping documents,
inspection certificates, releases, or receiving receipts or tickets
(said stamps to be canceled immediately upon being attached and the
date of cancellation placed thereon); or
(2) Require handlers to collect producer assessments from producers
whose production they handle and remit the same to the director or his
or her designee; or
(3) Require the person subject to the assessment to give adequate
assurance or security for its payment; or
(4) Require in the case of assessments against affected units
stored in frozen condition:
(a) Cold storage facilities storing such commodity to file
information and reports with the department or affected commission
regarding the amount of commodity in storage, the date of receipt, and
the name and address of each such owner; and
(b) That such commodity not be shipped from a cold storage facility
until the facility has been notified by the commission that the
commodity owner has paid the commission for any assessments imposed by
the marketing order.
Unless the director has otherwise provided in any marketing order
or agreement, assessments payable by producers shall be paid prior to
the time when the affected unit is shipped off the farm, and
assessments payable to handlers shall be paid prior to the time when
the affected units are received by or for the account of the first
handler. No affected units shall be transported, carried, shipped,
sold, marketed, or otherwise handled or disposed of until every due and
payable assessment herein provided for has been paid by the producer or
first handler and the receipt issued.
Sec. 6083 RCW 15.65.420 and 1961 c 256 s 42 are each amended to
read as follows:
Moneys collected by the director or his or her designee pursuant to
any marketing order or agreement from any assessment or as an advance
deposit thereon, shall be used by the director or his or her designee
only for the purpose of paying for expenses and costs arising in
connection with the formulation, issuance, administration, and
enforcement of such order or agreement and carrying out its provisions
together with a proportionate share of the overhead expenses of the
department attributable to its performance of its duties under this
chapter with respect to such marketing order or agreement.
Sec. 6084 RCW 15.65.440 and 1985 c 261 s 15 are each amended to
read as follows:
Any due and payable assessment herein levied in such specified
amount as may be determined by the director or his or her designee
pursuant to the provisions of this chapter and such agreement or order,
shall constitute a personal debt of every person so assessed or who
otherwise owes the same, and the same shall be due and payable to the
director or his or her designee when payment is called for by him or
her. In the event any person fails to pay the director or his or her
designee the full amount of such assessment or such other sum on or
before the date due, the director or his or her designee may, and is
hereby authorized to, add to such unpaid assessment or sum an amount
not exceeding ten percent of the same to defray the cost of enforcing
the collecting of the same. In the event of failure of such person or
persons to pay any such due and payable assessment or other such sum,
the director or his or her designee may bring a civil action against
such person or persons in a court of competent jurisdiction for the
collection thereof, together with the above specified ten percent
thereon, and such action shall be tried and judgment rendered as in any
other cause of action for debt due and payable.
Sec. 6085 RCW 15.65.480 and 1961 c 256 s 48 are each amended to
read as follows:
The director and each of his or her designees shall deposit or
cause to be deposited all moneys which are collected or otherwise
received by them pursuant to the provisions of this chapter in a
separate account or accounts separately allocated to each marketing
order or agreement under which such moneys are collected or received,
and such deposits and accounts shall be in the name of and withdrawable
by the check or draft of the administrator or board or designated
employee thereof established by such order or agreement. All expenses
and disbursements incurred and made pursuant to the provisions of any
marketing agreement or order, including a pro rata share of the
administrative expenses of the department of agriculture incurred in
the general administration of this chapter and all orders and
agreements issued pursuant thereto, shall be paid from, and only from,
moneys collected and received pursuant to such order or agreement and
all moneys deposited for the account of any order or agreement in the
marketing act revolving fund shall be paid from said account of such
fund by check, draft or voucher in such form and in such manner and
upon the signature of such person as may be prescribed by the director
or his or her designee.
Sec. 6086 RCW 15.65.490 and 1982 c 81 s 1 are each amended to
read as follows:
The director and each of his or her designees shall keep or cause
to be kept separately for each agreement and order in accordance with
accepted standards of good accounting practice, accurate records of all
assessments, collections, receipts, deposits, withdrawals,
disbursements, paid outs, moneys, and other financial transactions made
and done pursuant to such order or agreement, and the same shall be
audited at least every five years subject to procedures and methods
lawfully prescribed by the state auditor. The books and accounts
maintained under every such agreement and order shall be closed as of
the last day of each fiscal year of the state of Washington or of a
fiscal year determined by the director. A copy of every such audit
shall be delivered within thirty days after the completion thereof to
the governor and the commodity board of the agreement or order
concerned.
Sec. 6087 RCW 15.65.500 and 1961 c 256 s 50 are each amended to
read as follows:
The director or his or her designee shall require that a bond be
given by every administrator, administrative board, and/or employee
occupying a position of trust under any marketing agreement or order,
in such amount as the director or his or her designee shall deem
necessary, the premium for which bond or bonds shall be paid from
assessments collected pursuant to such order or agreement: PROVIDED,
That such bond need not be given with respect to any person covered by
any blanket bond covering officials or employees of the state of
Washington.
Sec. 6088 RCW 15.65.520 and 1961 c 256 s 52 are each amended to
read as follows:
It shall be a misdemeanor:
(1) For any person to violate any provision of this chapter or any
provision of any marketing agreement or order duly issued by the
director pursuant to this chapter.
(2) For any person to wilfully render or furnish a false or
fraudulent report, statement, or record required by the director
pursuant to the provisions of this chapter or any provision of any
marketing agreement or order duly issued by the director pursuant to
this chapter or to wilfully fail or refuse to furnish or render any
such report, statement, or record so required.
(3) For any person engaged in the wholesale or retail trade to fail
or refuse to furnish to the director or his or her designee or his or
her duly authorized agents, upon request, information concerning the
name and address of the person from whom he or she has received an
agricultural commodity regulated by a marketing agreement or order in
effect and issued pursuant to the terms of this chapter and the grade,
standard, quality, or quantity of and the price paid for such commodity
so received.
Every person convicted of any such misdemeanor shall be punished by
a fine of not less than fifty dollars nor more than five hundred
dollars or by imprisonment of not less than ten days nor more than six
months or by both such fine and imprisonment. Each violation during
any day shall constitute a separate offense: PROVIDED, That if the
court finds that a petition pursuant to RCW 15.65.570 was filed and
prosecuted by the defendant in good faith and not for delay, no penalty
shall be imposed under ((clause)) subsection (1) of this section for
such violations as occurred between the date upon which the defendant's
petition was filed with the director and the date upon which notice of
the director's decision thereon was given to the defendant in
accordance with RCW 15.65.570 and regulations prescribed pursuant
thereto.
Sec. 6089 RCW 15.65.530 and 1961 c 256 s 53 are each amended to
read as follows:
Any person who violates any provisions of this chapter or any
marketing agreement or order duly issued and in effect pursuant to this
chapter or who violates any rule or regulation issued by the director
and/or his or her designee pursuant to the provisions of this chapter
or of any marketing agreement or order duly issued by the director and
in effect pursuant to this chapter, shall be liable civilly for a
penalty in an amount not to exceed the sum of five hundred dollars for
each and every violation thereof. Any moneys recovered pursuant to
this ((paragraph)) section shall be allocated to and used for the
purposes of the agreement or order concerned.
Sec. 6090 RCW 15.65.540 and 1961 c 256 s 54 are each amended to
read as follows:
The several superior courts of the state of Washington are hereby
vested with jurisdiction:
(1) Specifically to enforce this chapter and the provisions of each
and every marketing agreement and order issued pursuant to this chapter
and each and every term, condition and provision thereof;
(2) To prevent, restrain, and enjoin pending litigation and
thereafter permanently any person from violating this chapter or the
provisions of any such agreement or order and each and every term,
condition, and provision thereof, regardless of the existence of any
other remedy at law.
(3) To require pending litigation and thereafter permanently by
mandatory injunction each and every person subject to the provisions of
any such agreement or order to carry out and perform the provisions of
this chapter an each and every duty imposed upon him or her by such
marketing agreement or order.
The director or any administrator or board under any marketing
agreement or order, in the name of the state of Washington, or any
person affected or regulated by or subject to any marketing order or
agreement issued pursuant to this chapter upon joining the director as
a party may bring or cause to be brought actions or proceedings for
specific performance, restraint, injunction, or mandatory injunction
against any person who violates or refuses to perform the obligations
or duties imposed upon him or her by this chapter or by any marketing
agreement or order issued pursuant to this chapter and said courts
shall have jurisdiction of such cause and shall grant such relief upon
proof of such violation or threatened violation or refusal.
Sec. 6091 RCW 15.65.550 and 1961 c 256 s 55 are each amended to
read as follows:
Upon the request of the director or his or her designee, it shall
be the duty of the attorney general of the state of Washington and of
the several prosecuting attorneys in their respective counties to
institute proceedings to enforce the remedies and to collect the moneys
provided for or pursuant to this chapter. Whenever the director and/or
his or her designee has reason to believe that any person has violated
or is violating the provisions of any marketing agreement or order
issued pursuant to this chapter, the director and/or his or her
designee shall have and is hereby granted the power to institute an
investigation and, after due notice to such person, to conduct a
hearing in order to determine the facts for the purpose of referring
the matter to the attorney general or to the appropriate prosecuting
attorney for appropriate action. The provisions contained in RCW
15.65.080, 15.65.090, 15.65.100 and 15.65.110 shall apply with respect
to such hearings.
Sec. 6092 RCW 15.65.590 and 1961 c 256 s 59 are each amended to
read as follows:
The director and his or her designee are hereby authorized to
confer with and cooperate with the legally constituted authorities of
other states and of the United States, for the purpose of obtaining
uniformity in the administration of federal and state marketing
regulations, licenses, agreements, or orders, and the director is
authorized to conduct joint hearings, issue joint or concurrent
marketing agreements or orders, for the purposes and within the
standards set forth in this chapter, and may exercise any
administrative authority prescribed by this chapter to effect such
uniformity of administration and regulation.
Sec. 6093 RCW 15.66.200 and 1961 c 11 s 15.66.200 are each
amended to read as follows:
An affected producer subject to a marketing order may file a
written petition with the director stating that the order, agreement,
or program or any part thereof is not in accordance with the law, and
requesting a modification thereof or exemption therefrom. He or she
shall thereupon be given a hearing, which hearing shall be conducted in
the manner provided by RCW 15.66.070, and thereafter the director shall
make his or her ruling which shall be final.
Appeal from any ruling of the director may be taken to the superior
court of the county in which the petitioner resides or has his or her
principal place of business, by serving upon the director a copy of the
notice of appeal and complaint within twenty days from the date of
entry of the ruling. Upon such application the court may proceed in
accordance with RCW 7.16.010 through 7.16.140. If the court determines
that the ruling is not in accordance with law, it shall remand the
proceedings to the director with directions to make such ruling as the
court determines to be in accordance with law or to take such further
proceedings as in its opinion are required by this chapter.
Sec. 6094 RCW 15.66.210 and 1961 c 11 s 15.66.210 are each
amended to read as follows:
It shall be a misdemeanor for:
(1) Any person wilfully to violate any provision of this chapter or
any provision of any marketing order duly issued by the director
pursuant to this chapter.
(2) Any person wilfully to render or furnish a false or fraudulent
report, statement of record required by the director or any commission
pursuant to the provisions of this chapter or any provision of any
marketing order duly issued by the director pursuant to this chapter or
wilfully to fail or refuse to furnish or render any such report,
statement, or record so required.
In the event of violation or threatened violation of any provision
of this chapter or of any marketing order duly issued or entered into
pursuant to this chapter, the director, the affected commission, or any
affected producer on joining the affected commission, shall be entitled
to an injunction to prevent further violation and to a decree of
specific performance of such order, and to a temporary restraining
order and injunction pending litigation upon filing a verified
complaint and sufficient bond.
All persons subject to any order shall severally from time to time,
upon the request of the director, furnish him or her with such
information as he or she finds to be necessary to enable him or her to
effectuate the policies of this chapter and the purposes of such order
or to ascertain and determine the extent to which such order has been
carried out or has effectuated such policies and purposes, or to
determine whether or not there has been any abuse of the privilege of
exemptions from laws relating to trusts, monopolies, and restraints of
trade. Such information shall be furnished in accordance with forms
and reports to be prescribed by the director. For the purpose of
ascertaining the correctness of any report made to the director
pursuant to this section or for the purpose of obtaining the
information required in any such report where it has been requested and
has not been furnished, the director is authorized to examine such
books, papers, records, copies of tax reports, accounts,
correspondence, contracts, documents, or memoranda as he or she deems
relevant and which are within the control of any such person from whom
such report was requested, or of any person having, either directly or
indirectly, actual or legal control of or over such person or such
records, or of any subsidiary of any such person. To carry out the
purposes of this section the director, upon giving due notice, may hold
hearings, take testimony, administer oaths, subpoena witnesses, and
issue subpoenas for the production of books, records, documents, or
other writings of any kind, and RCW 15.66.070 shall apply with respect
to any such hearing, together with such other regulations consistent
therewith as the director may from time to time prescribe.
Sec. 6095 RCW 15.66.230 and 1961 c 11 s 15.66.230 are each
amended to read as follows:
Obligations incurred by any commission and any other liabilities or
claims against the commission shall be enforced only against the assets
of such commission in the same manner as if it were a corporation and
no liability for the debts or actions of the commission shall exist
against either the state of Washington or any subdivision or
instrumentality thereof or against any other commission established
pursuant to this chapter or the assets thereof or against any member
officer, employee, or agent of the board in his or her individual
capacity. The members of any such commission, including employees of
such board, shall not be held responsible individually in any way
whatsoever to any person for errors in judgment, mistakes, or other
acts, either of commission or omission, as principal, agent, person, or
employee, except for their own individual acts of dishonesty or crime.
No such person or employee shall be held responsible individually for
any act or omission of any other member of any such commission. The
liability of the members of such commission shall be several and not
joint and no member shall be liable for the default of any other
member.
Sec. 6096 RCW 15.66.240 and 1961 c 11 s 15.66.240 are each
amended to read as follows:
Marketing agreements shall be created upon written application
filed with the director by not less than five commercial producers of
an agricultural commodity and upon approval of the director. The
director shall hold a public hearing upon such application. Not less
than five days prior thereto he or she shall give written notice
thereof to all producers whom he or she determines may be proper
parties to such agreement and shall publish such notice at least once
in a newspaper of general circulation in the affected area. The
director shall approve an agreement so applied for only if he or she
shall find:
(1) That no other agreement or order is in force for the same
commodity in the same area or any part thereof;
(2) That such agreement will tend to effectuate its purpose and the
declared policies of this chapter and conforms to law;
(3) That enough persons who produce a sufficient amount of the
affected commodity to tend to effectuate said policies and purposes and
to provide sufficient moneys to defray the necessary expenses of
formulation, issuance, administration, and enforcement have agreed in
writing to said agreement.
Such agreement may be for any of the purposes and may contain any
of the provisions that a marketing order may contain under the
provisions of this chapter but no other purposes and provisions. A
commodity commission created by such agreement shall in all respects
have all powers and duties as a commodity commission created by a
marketing order. Such agreement shall be binding upon, and only upon,
persons who have signed the agreement: PROVIDED, That a cooperative
association may, in behalf of its members, execute any and all
marketing agreements authorized hereunder, and upon so doing, such
agreement so executed shall be binding upon said cooperative
association and its members. Such agreements shall go into force when
the director endorses his or her approval in writing upon the agreement
and so notifies all who have signed the agreement. Additional
signatories may be added at any time with the approval of the director.
Every agreement shall remain in force and be binding upon all persons
so agreeing for the period specified in such agreement but the
agreement shall provide a time at least once in every twelve months
when any or all such persons may withdraw upon giving notice as
provided in the agreement. Such an agreement may be amended or
terminated in the same manner as herein provided for its creation and
may also be terminated whenever after the withdrawal of any signatory
the director finds on the basis of evidence presented at such hearing
that not enough persons remain signatory to such agreement to
effectuate the purposes of the agreement or the policies of the act or
to provide sufficient moneys to defray necessary expenses. However, in
the event that a cooperative association is signatory to the marketing
agreement in behalf of its members, the action of the cooperative
association shall be considered the action of its members for the
purpose of determining withdrawal or termination.
Sec. 6097 RCW 15.70.020 and 1961 c 11 s 15.70.020 are each
amended to read as follows:
The director of agriculture is authorized, in his or her
discretion, to enter into agreements with the secretary of agriculture
of the United States pursuant to section 2(f) of the aforesaid act of
the congress of the United States, upon such terms and conditions and
for such periods of time as may be mutually agreeable, authorizing the
secretary of agriculture of the United States to accept, administer,
expend, and use in the state of Washington all or any part of such
trust assets or any other funds of the state of Washington which may be
appropriated for such uses for carrying out the purposes of titles I
and II of the Bankhead-Jones farm tenant act, in accordance with the
applicable provisions of title IV thereof, as now or hereafter amended,
and to do any and all things necessary to effectuate and carry out the
purposes of said agreements.
Sec. 6098 RCW 15.70.030 and 1961 c 11 s 15.70.030 are each
amended to read as follows:
Notwithstanding any other provisions of law, funds and the proceeds
of the trust assets which are not authorized to be administered by the
secretary of agriculture of the United States under the provisions of
RCW 15.70.020 shall be received by the director of agriculture and by
him or her deposited with the treasurer of the state. Such funds are
hereby appropriated and may be expended or obligated by the director of
agriculture for the purposes of RCW 15.70.020 or for use by the
director of agriculture for such of the rural rehabilitation purposes
permissible under the charter of the now dissolved Washington rural
rehabilitation corporation as may from time to time be agreed upon by
the director of agriculture and the secretary of agriculture of the
United States, subject to the applicable provisions of said public law
499.
Sec. 6099 RCW 15.70.040 and 1961 c 11 s 15.70.040 are each
amended to read as follows:
The director of agriculture is authorized and empowered to:
(1) Collect, compromise, adjust, or cancel claims and obligations
arising out of or administered under this chapter or under any
mortgage, lease, contract, or agreement entered into or administered
pursuant to this chapter and if, in his or her judgment, necessary and
advisable, pursue the same to final collection in any court having
jurisdiction.
(2) Bid for and purchase at any execution, foreclosure, or other
sale, or otherwise to acquire property upon which the director of
agriculture has a lien by reason of judgment or execution, or which is
pledged, mortgaged, conveyed, or which otherwise secures any loan or
other indebtedness owing to or acquired by the director of agriculture
under this chapter, and
(3) Accept title to any property so purchased or acquired; to
operate or lease such property for such period as may be deemed
necessary to protect the investment therein; and to sell or otherwise
dispose of such property in a manner consistent with the provisions of
this chapter.
The authority herein contained may be delegated to the secretary of
agriculture of the United States with respect to funds or assets
authorized to be administered and used by him or her under agreements
entered into pursuant to RCW 15.70.020.
Sec. 6100 RCW 15.76.170 and 1984 c 287 s 18 are each amended to
read as follows:
There is hereby created a fairs commission to consist of the
director of agriculture as ex officio member and ((chairman)) chair,
and seven members appointed by the director to be persons who are
interested in fair activities; at least three of whom shall be from the
east side of the Cascades and three from the west side of the Cascades
and one member at large. The first appointment shall be: Three for a
one year term, two for a two year term, and two for a three year term,
and thereafter the appointments shall be for three year terms.
Appointed members of the commission shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for travel
expenses, in accordance with RCW 43.03.050 and 43.03.060 payable on
proper vouchers submitted to and approved by the director, and payable
from that portion of the state fair fund set aside for administrative
costs under this chapter. The commission shall meet at the call of the
((chairman)) chair, but at least annually. It shall be the duty of the
commission to act as an advisory committee to the director, to assist
in the preparation of the merit rating used in determining allocations
to be made to fairs, and to perform such other duties as may be
required by the director from time to time.
Sec. 6101 RCW 15.80.320 and 1969 ex.s. c 100 s 3 are each amended
to read as follows:
"Director" means the director of the department or his or her duly
appointed representative.
Sec. 6102 RCW 15.80.460 and 1991 c 109 s 7 are each amended to
read as follows:
The director shall issue a license to an applicant upon his or her
satisfaction that the applicant has satisfied the requirements of this
chapter and the rules adopted hereunder and that such applicant is of
good moral character, not less than eighteen years of age, and has the
ability to weigh accurately and make correct certified weight tickets.
Any license issued under this chapter shall expire annually on a date
set by rule by the director. License fees shall be prorated where
necessary to accommodate staggering of expiration dates of a license or
licenses.
Sec. 6103 RCW 15.80.470 and 1991 c 109 s 8 are each amended to
read as follows:
If an application for renewal of any license provided for in this
chapter is not filed prior to the expiration date, there shall be
assessed and added to the renewal fee as a penalty therefor fifty
percent of said renewal fee which shall be paid by the applicant before
any renewal license shall be issued. The penalty shall not apply if
the applicant furnishes an affidavit that he or she has not acted as a
weighmaster or weigher subsequent to the expiration of his or her prior
license.
Sec. 6104 RCW 15.80.480 and 1969 ex.s. c 100 s 19 are each
amended to read as follows:
Any applicant for a weighmaster's license shall execute and deliver
to the director a surety bond executed by the applicant as principal
and by a surety company qualified and authorized to do business in this
state as surety. Such bond shall be in the sum of one thousand
dollars. The bond shall be of standard form and approved by the
director as to terms and conditions. Said bond shall be conditioned
that the principal will not commit any fraudulent act and will comply
with the provisions of this chapter and the rules adopted hereunder.
Said bond shall be to the state for the benefit of every person
availing himself or herself of the services and certifications issued
by a weighmaster, or weigher subject to his or her control. The total
and aggregate liability of the surety for all claims upon the bond
shall be limited to the face value of such bond. Every bond filed with
and approved by the director shall, without the necessity of periodic
renewal, remain in force and effect until such time as the license of
the licensee is revoked for cause or otherwise canceled. All such
sureties on a bond, as provided herein, shall only be released and
discharged from all liability to the state accruing on such bond upon
compliance with the provisions of RCW 19.72.110, as enacted or
hereafter amended, concerning notice and proof of service, but this
shall not operate to relieve, release, or discharge the surety from any
liability already accrued or which shall accrue (due and to become due
hereunder) before the expiration period provided for in RCW 19.72.110,
as enacted or hereafter amended, concerning notice and proof of
service, and unless the principal shall before the expiration of such
period, file a new bond, the director shall forthwith cancel the
principal's license.
Sec. 6105 RCW 15.80.490 and 2006 c 358 s 4 are each amended to
read as follows:
Any weighmaster may file an application with the director for a
license for any employee or agent to operate and issue certified weight
tickets from a scale which such weighmaster is licensed to operate
under the provisions of this chapter. Such application shall be
submitted on a form prescribed by the director and shall contain the
following:
(1) Name of the weighmaster;
(2) The full name of the employee or agent and his or her resident
address;
(3) The position held by such person with the weighmaster;
(4) The scale or scales from which such employee or agent will
issue certified weights; and
(5) Signature of the weigher and the weighmaster.
Such annual application shall be accompanied by a license fee of
ten dollars.
Sec. 6106 RCW 15.80.500 and 1991 c 109 s 9 are each amended to
read as follows:
Upon the director's satisfaction that the applicant is of good
moral character, has the ability to weigh accurately and make correct
certified weight tickets and that he or she is an employee or agent of
the weighmaster, the director shall issue a weigher's license which
will expire annually on a date set by rule by the director. License
fees shall be prorated where necessary to accommodate staggering of
expiration dates of a license or licenses.
Sec. 6107 RCW 15.80.510 and 1969 ex.s. c 100 s 22 are each
amended to read as follows:
A licensed public weighmaster shall: (1) Keep the scale or scales
upon which he or she weighs any commodity or thing, in conformity with
the standards of weights and measures; (2) carefully and correctly
weigh and certify the gross, tare, and net weights of any load of any
commodity or thing required to be weighed; and (3) without charge,
weigh any commodity or thing brought to his or her scale by an
inspector authorized by the director, and issue a certificate of the
weights thereof.
Sec. 6108 RCW 15.80.550 and 1969 ex.s. c 100 s 26 are each
amended to read as follows:
No weighmaster or weigher shall enter a weight value on a certified
weight ticket that he or she has not determined and he or she shall not
make a weight entry on a weight ticket issued at any other location:
PROVIDED, HOWEVER, That if the director determines that an automatic
weighing or measuring device can accurately and safely issue weights in
conformance with the purpose of this chapter, he or she may adopt a
regulation to provide for the use of such a device for the issuance of
certified weight tickets. The certified weight ticket shall be so
prepared that it will show the weight or weights actually determined by
the weighmaster. In any case in which only the gross, the tare or the
net weight is determined by the weighmaster he or she shall strike
through or otherwise cancel the printed entries for the weights not
determined or computed by him or her.
Sec. 6109 RCW 15.80.590 and 1989 c 175 s 52 are each amended to
read as follows:
The director is hereby authorized to deny, suspend, or revoke a
license subsequent to a hearing, if a hearing is requested, in any case
in which he or she finds that there has been a failure to comply with
the requirements of this chapter or rules adopted hereunder. Such
hearings shall be subject to chapter 34.05 RCW (administrative
procedure act) concerning adjudicative proceedings.
Sec. 6110 RCW 15.80.610 and 1969 ex.s. c 100 s 32 are each
amended to read as follows:
The director, for the purposes of this chapter, may issue subpoenas
to compel the attendance of witnesses, and/or the production of books
and/or documents anywhere in the state. The party shall have
opportunity to make his or her defense, and may have such subpoenas
issued as he or she desires. Subpoenas shall be served in the same
manner as in civil cases in the superior court. Witnesses shall
testify under oath which may be administered by the director.
Sec. 6111 RCW 15.80.620 and 1969 ex.s. c 100 s 33 are each
amended to read as follows:
It shall be unlawful for any person not licensed pursuant to the
provisions of this chapter to:
(1) Hold himself or herself out, in any manner, as a weighmaster or
weigher; or
(2) Issue any ticket as a certified weight ticket.
Sec. 6112 RCW 15.80.630 and 1969 ex.s. c 100 s 34 are each
amended to read as follows:
It shall be unlawful for a weighmaster or weigher to falsify a
certified weight ticket, or to cause an incorrect weight, measure, or
count to be determined, or delegate his or her authority to any person
not licensed as a weigher, or to preseal a eight ticket with his or her
official seal before performing the act of weighing.
Sec. 6113 RCW 15.80.640 and 1969 ex.s. c 100 s 35 are each
amended to read as follows:
Any person who shall mark, stamp, or write any false weight ticket,
scale ticket, or weight certificate, knowing it to be false, and any
person who influences, or attempts to wrongfully influence any licensed
public weighmaster or weigher in the performance of his or her official
duties shall be guilty of a gross misdemeanor and upon conviction
thereof shall be punished by a fine of not less than one hundred
dollars nor more than one thousand dollars, or by imprisonment of not
less than thirty days nor more than one year in the county jail, or by
both such fine and imprisonment.
Sec. 6114 RCW 15.88.070 and 1987 c 452 s 7 are each amended to
read as follows:
The powers and duties of the commission include:
(1) To elect a ((chairman)) chair and such officers as the
commission deems advisable. The officers shall include a treasurer who
is responsible for all receipts and disbursements by the commission and
the faithful discharge of whose duties shall be guaranteed by a bond at
the sole expense of the commission. The commission shall adopt rules
for its own governance, which shall provide for the holding of an
annual meeting for the election of officers and transaction of other
business and for such other meetings as the commission may direct;
(2) To do all things reasonably necessary to effect the purposes of
this chapter. However, the commission shall have no legislative power;
(3) At the pleasure of the commission, to employ and discharge
managers, secretaries, agents, attorneys, and employees and to engage
the services of independent contractors as the commission deems
necessary, to prescribe their duties, and to fix their compensation;
(4) To receive donations of wine from wineries for promotional
purposes;
(5) To engage directly or indirectly in the promotion of Washington
wine, including without limitation the acquisition in any lawful manner
and the dissemination without charge of wine, which dissemination shall
not be deemed a sale for any purpose and in which dissemination the
commission shall not be deemed a wine producer, supplier, or
manufacturer of any kind or the clerk, servant, or agent of a producer,
supplier, or manufacturer of any kind. Such dissemination shall be for
agricultural development or trade promotion, which may include
promotional hosting and shall in the good faith judgment of the
commission be in aid of the marketing, advertising, or sale of wine, or
of research related to such marketing, advertising, or sale;
(6) To acquire and transfer personal and real property, establish
offices, incur expense, enter into contracts (including contracts for
creation and printing of promotional literature, which contracts shall
not be subject to chapter 43.78 RCW, but which shall be cancelable by
the commission unless performed under conditions of employment which
substantially conform to the laws of this state and the rules of the
department of labor and industries). The commission may create such
debt and other liabilities as may be reasonable for proper discharge of
its duties under this chapter;
(7) To maintain such account or accounts with one or more qualified
public depositaries as the commission may direct, to cause moneys to be
deposited therein, and to expend moneys for purposes authorized by this
chapter by drafts made by the commission upon such institutions or by
other means;
(8) To cause to be kept and annually closed, in accordance with
generally accepted accounting principles, accurate records of all
receipts, disbursements, and other financial transactions, available
for audit by the state auditor;
(9) To create and maintain a list of producers and to disseminate
information among and solicit the opinions of producers with respect to
the discharge of the duties of the commission, directly or by
arrangement with trade associations or other instrumentalities;
(10) To employ, designate as agent, act in concert with, and enter
into contracts with any person, council, commission or other entity for
the purpose of promoting the general welfare of the vinifera grape
industry and particularly for the purpose of assisting in the sale and
distribution of Washington wine in domestic and foreign commerce,
expending moneys as it may deem necessary or advisable for such purpose
and for the purpose of paying its proportionate share of the cost of
any program providing direct or indirect assistance to the sale and
distribution of Washington wine in domestic or foreign commerce,
employing and paying for vendors of professional services of all kinds;
and
(11) To sue and be sued as a commission, without individual
liability for acts of the commission within the scope of the powers
conferred upon it by this chapter.
Sec. 6115 RCW 15.100.080 and 2001 c 314 s 8 are each amended to
read as follows:
The powers and duties of the commission include:
(1) To elect a ((chairman)) chair and such officers as the
commission deems advisable. The commission shall adopt rules for its
own governance, which provide for the holding of an annual meeting for
the election of officers and transaction of other business and for such
other meetings as the commission may direct;
(2) To adopt any rules necessary to carry out the purposes of this
chapter, in conformance with chapter 34.05 RCW;
(3) To administer and do all things reasonably necessary to carry
out the purposes of this chapter;
(4) At the pleasure of the commission, to employ a treasurer who is
responsible for all receipts and disbursements by the commission and
the faithful discharge of whose duties shall be guaranteed by a bond at
the sole expense of the commission;
(5) At the pleasure of the commission, to employ and discharge
managers, secretaries, agents, attorneys, and employees and to engage
the services of independent contractors as the commission deems
necessary, to prescribe their duties, and to fix their compensation;
(6) To engage directly or indirectly in the promotion of Washington
forest products and managed forests, and shall in the good faith
judgment of the commission be in aid of the marketing, advertising, or
sale of forest products, or of research related to such marketing,
advertising, or sale of forest products, or of research related to
managed forests;
(7) To enforce the provisions of this chapter, including
investigating and prosecuting violations of this chapter;
(8) To acquire and transfer personal and real property, establish
offices, incur expense, and enter into contracts. Contracts for
creation and printing of promotional literature are not subject to
chapter 43.78 RCW, but such contracts may be canceled by the commission
unless performed under conditions of employment which substantially
conform to the laws of this state and the rules of the department of
labor and industries. The commission may create such debt and other
liabilities as may be reasonable for proper discharge of its duties
under this chapter;
(9) To maintain such account or accounts with one or more qualified
public depositaries as the commission may direct, to cause moneys to be
deposited therein, and to expend moneys for purposes authorized by this
chapter by drafts made by the commission upon such institutions or by
other means;
(10) To cause to be kept and annually closed, in accordance with
generally accepted accounting principles, accurate records of all
receipts, disbursements, and other financial transactions, available
for audit by the state auditor;
(11) To create and maintain a list of producers and to disseminate
information among and solicit the opinions of producers with respect to
the discharge of the duties of the commission, directly or by
arrangement with trade associations or other instrumentalities;
(12) To employ, designate as agent, act in concert with, and enter
into contracts with any person, council, commission, or other entity
for the purpose of promoting the general welfare of the forest products
industry and particularly for the purpose of assisting in the sale and
distribution of Washington forest products in domestic and foreign
commerce, expending moneys as it may deem necessary or advisable for
such purpose and for the purpose of paying its proportionate share of
the cost of any program providing direct or indirect assistance to the
sale and distribution of Washington forest products in domestic or
foreign commerce, and employing and paying for vendors of professional
services of all kinds;
(13) To sue and be sued as a commission, without individual
liability for acts of the commission within the scope of the powers
conferred upon it by this chapter;
(14) To propose assessment levels for producers subject to
referendum approval under RCW 15.100.110; and
(15) To participate in federal and state agency hearings, meetings,
and other proceedings relating to the regulation, production,
manufacture, distribution, sale, or use of forest products.
Sec. 7001 RCW 43.21A.405 and 1973 2nd ex.s. c 30 s 1 are each
amended to read as follows:
The legislature recognizes that there exists a great risk of
potential damage from oil pollution of the waters of the state of
Washington and further declares that immediate steps must be undertaken
to reduce this risk. The legislature also is aware that such danger is
expected to increase in future years in proportion to the increase in
the size and cargo capacity of ships, barges, and other waterborne
carriers, the construction and operational characteristics of these
carriers, the density of waterborne traffic, and the need for a greater
supply of petroleum products.
A program of systematic baseline studies to be conducted by the
department of ecology has been recognized as a vital part of the
efforts to reduce the risk of oil pollution of marine waters, and the
legislature recognizes that many factors combine to make this effort
one of considerable magnitude and difficulty. The marine shoreline of
the state is about two thousand seven hundred miles long, a greater
length than the combined coastlines of Oregon and California. There
are some three million acres of submerged land and more than three
hundred islands in these marine waters. The average depth of Puget
Sound is two hundred twenty feet. There is a great diversity of animal
life in the waters of the state. These waters have a multitude of uses
by both humans and nonhumans, and the interaction between ((man's))
human activities and natural processes in these waters varies greatly
with locale.
Sec. 7002 RCW 43.21C.030 and 1971 ex.s. c 109 s 3 are each
amended to read as follows:
The legislature authorizes and directs that, to the fullest extent
possible: (1) The policies, regulations, and laws of the state of
Washington shall be interpreted and administered in accordance with the
policies set forth in this chapter, and (2) all branches of government
of this state, including state agencies, municipal and public
corporations, and counties shall:
(a) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decision making which may
have an impact on ((man's)) the environment;
(b) Identify and develop methods and procedures, in consultation
with the department of ecology and the ecological commission, which
will insure that presently unquantified environmental amenities and
values will be given appropriate consideration in decision making along
with economic and technical considerations;
(c) Include in every recommendation or report on proposals for
legislation and other major actions significantly affecting the quality
of the environment, a detailed statement by the responsible official
on:
(i) the environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be avoided
should the proposal be implemented;
(iii) alternatives to the proposed action;
(iv) the relationship between local short-term uses of ((man's))
the environment and the maintenance and enhancement of long-term
productivity; and
(v) any irreversible and irretrievable commitments of resources
which would be involved in the proposed action should it be
implemented;
(d) Prior to making any detailed statement, the responsible
official shall consult with and obtain the comments of any public
agency which has jurisdiction by law or special expertise with respect
to any environmental impact involved. Copies of such statement and the
comments and views of the appropriate federal, province, state, and
local agencies, which are authorized to develop and enforce
environmental standards, shall be made available to the governor, the
department of ecology, the ecological commission, and the public, and
shall accompany the proposal through the existing agency review
processes;
(e) Study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves unresolved
conflicts concerning alternative uses of available resources;
(f) Recognize the worldwide and long-range character of
environmental problems and, where consistent with state policy, lend
appropriate support to initiatives, resolutions, and programs designed
to maximize international cooperation in anticipating and preventing a
decline in the quality of ((mankind's)) the world environment;
(g) Make available to the federal government, other states,
provinces of Canada, municipalities, institutions, and individuals,
advice and information useful in restoring, maintaining, and enhancing
the quality of the environment;
(h) Initiate and utilize ecological information in the planning and
development of natural resource-oriented projects.
Sec. 8001 RCW 44.39.060 and 2009 c 549 s 6016 are each amended to
read as follows:
In the discharge of any duty imposed by this chapter, the committee
or any personnel acting under its direction shall have the authority to
examine and inspect all properties, equipment, facilities, files,
records, and accounts of any state office, department, institution,
board, committee, commission, or agency; to administer oaths; and to
issue subpoenas, upon approval of a majority of the members of the
house or senate rules committee, to compel the attendance of witnesses
and the production of any papers, books, accounts, documents, and
testimony, and to cause the deposition of witnesses, either residing
within or without the state, to be taken in the manner prescribed by
law for taking depositions in civil actions in the superior courts.
In case of the failure of any person to comply with any subpoena
issued in behalf of the committee, or on the refusal of any witness to
testify to any matters regarding which he or she may be lawfully
interrogated, it shall be the duty of the superior court of any county,
or of the judge thereof, on application of the committee, to compel
obedience by proceedings for contempt, as in the case of disobedience
of the requirements of a subpoena issued from such court or a refusal
to testify therein.
Each witness who appears before the committee by its order, other
than a state official or employee, shall receive for his or her
attendance the fees and mileage provided for witnesses in civil cases
in courts of record, which shall be audited and paid upon the
presentation of proper vouchers signed by such witness and approved by
the chair of the committee.
Sec. 9001 RCW 46.01.250 and 1979 c 158 s 125 are each amended to
read as follows:
The director shall have the power and it shall be his or her duty
upon request and payment of the fee as provided herein to furnish under
seal of the director certified copies of any records of the department,
except those for confidential use only. The director shall charge and
collect therefor the actual cost to the department. Any funds accruing
to the director of licensing under this section shall be certified and
sent to the state treasurer and by him or her deposited to the credit
of the highway safety fund.
Sec. 9002 RCW 46.09.080 and 1990 c 250 s 24 are each amended to
read as follows:
(1) Each dealer of off-road vehicles in this state who does not
have a current "dealer's plate" for vehicle use pursuant to chapter
46.70 RCW shall obtain an ORV dealer permit from the department in such
manner and upon such forms as the department shall prescribe. Upon
receipt of an application for an ORV dealer permit and the fee under
subsection (2) of this section, the dealer shall be registered and an
ORV dealer permit number assigned.
(2) The fee for ORV dealer permits shall be twenty-five dollars per
year, which covers all of the off-road vehicles owned by a dealer and
not rented. Off-road vehicles rented on a regular, commercial basis by
a dealer shall have separate use permits.
(3) Upon the issuance of an ORV dealer permit each dealer may
purchase, at a cost to be determined by the department, ORV dealer
number plates of a size and color to be determined by the department,
that contain the dealer ORV permit number assigned to the dealer. Each
off-road vehicle operated by a dealer, dealer representative, or
prospective customer for the purposes of testing or demonstration shall
display such number plates assigned pursuant to the dealer permit
provisions in chapter 46.70 RCW or this section, in a manner prescribed
by the department.
(4) No dealer, dealer representative, or prospective customer shall
use such number plates for any purpose other than the purpose
prescribed in subsection (3) of this section.
(5) ORV dealer permit numbers shall be nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at
wholesale or retail or to test or demonstrate any off-road vehicle
within the state unless he or she has a motor vehicle dealers' license
pursuant to chapter 46.70 RCW or an ORV dealer permit number in
accordance with this section.
(7) When an ORV is sold by a dealer, the dealer shall apply for
title in the purchaser's name within fifteen days following the sale.
Sec. 9003 RCW 46.10.120 and 1972 ex.s. c 153 s 24 are each
amended to read as follows:
No person under twelve years of age shall operate a snowmobile on
or across a public roadway or highway in this state, and no person
between the ages of twelve and sixteen years of age shall operate a
snowmobile on or across a public road or highway in this state unless
he or she has taken a snowmobile safety education course and been
certified as qualified to operate a snowmobile by an instructor
designated by the commission as qualified to conduct such a course and
issue such a certificate, and he or she has on his or her person at the
time he or she is operating a snowmobile evidence of such
certification: PROVIDED, That persons under sixteen years of age who
have not been certified as qualified snowmobile operators may operate
a snowmobile under the direct supervision of a qualified snowmobile
operator.
Sec. 9004 RCW 46.10.220 and 1994 c 264 s 38 are each amended to
read as follows:
(1) There is created in the Washington state parks and recreation
commission a snowmobile advisory committee to advise the commission
regarding the administration of this chapter.
(2) The purpose of the committee is to assist and advise the
commission in the planned development of snowmobile facilities and
programs.
(3) The committee shall consist of:
(a) Six interested snowmobilers, appointed by the commission; each
such member shall be a resident of one of the six geographical areas
throughout this state where snowmobile activity occurs, as defined by
the commission;
(b) Three representatives of the nonsnowmobiling public, appointed
by the commission; and
(c) One representative of the department of natural resources, one
representative of the department of fish and wildlife, and one
representative of the Washington state association of counties; each of
whom shall be appointed by the director of such department or
association.
(4) Terms of the members appointed under subsection (3)(a) and (b)
of this section shall commence on October 1st of the year of
appointment and shall be for three years or until a successor is
appointed, except in the case of appointments to fill vacancies which
shall be for the remainder of the unexpired term: PROVIDED, That the
first such members shall be appointed for terms as follows: Three
members shall be appointed for one year, three members shall be
appointed for two years, and three members shall be appointed for three
years.
(5) Members of the committee shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060. Expenditures
under this subsection shall be from the snowmobile account created by
RCW 46.10.075.
(6) The committee may meet at times and places fixed by the
committee. The committee shall meet not less than twice each year and
additionally as required by the committee ((chairman)) chair or by
majority vote of the committee. One of the meetings shall be
coincident with a meeting of the commission at which the committee
shall provide a report to the commission. The ((chairman)) chair of
the committee shall be chosen under procedures adopted by the committee
from those members appointed under subsection (3)(a) and (b) of this
section.
(7) The Washington state parks and recreation commission shall
serve as recording secretary to the committee. A representative of the
department of licensing shall serve as an ex officio member of the
committee and shall be notified of all meetings of the committee. The
recording secretary and the ex officio member shall be nonvoting
members.
(8) The committee shall adopt procedures to govern its proceedings.
Sec. 9005 RCW 46.12.130 and 1967 c 140 s 3 are each amended to
read as follows:
Certificates of ownership when assigned and returned to the
department, together with subsequently assigned reissues thereof, shall
be retained by the department and appropriately filed and indexed so
that at all times it will be possible to trace ownership to the vehicle
designated therein:
(1) If the interest of an owner in a vehicle passes to another,
other than by voluntary transfer, the transferee shall, except as
provided in subsection (3) of this section, promptly mail or deliver to
the department the last certificate of ownership if available, proof of
transfer, and his or her application for a new certificate in the form
the department prescribes.
(2) If the interest of the owner is terminated or the vehicle is
sold under a security agreement by a secured party named in the
certificate of ownership, the transferee shall promptly mail or deliver
to the department the last certificate of ownership, his or her
application for a new certificate in the form the department
prescribes, and an affidavit made by or on the behalf of the secured
party that the vehicle was repossessed and that the interest of the
owner was lawfully terminated or sold pursuant to the terms of the
security agreement.
(3) If the secured party succeeds to the interest of the owner and
holds the vehicle for resale, he or she need not secure a new
certificate of ownership but, upon transfer to another person, shall
promptly mail or deliver to the transferee or to the department the
certificate, affidavit and other documents (and articles) required to
be sent to the department by the transferee.
Sec. 9006 RCW 46.12.240 and 1987 c 388 s 8 are each amended to
read as follows:
(1) The suspension, revocation, cancellation, or refusal by the
director of any license or certificate provided for in chapters 46.12
and 46.16 RCW is conclusive unless the person whose license or
certificate is suspended, revoked, canceled, or refused appeals to the
superior court of Thurston county, or at his or her option to the
superior court of the county of his or her residence, for the purpose
of having the suspension, revocation, cancellation, or refusal of the
license or certificate set aside. Notice of appeal must be filed
within ten days after receipt of the notice of suspension, revocation,
cancellation, or refusal. Upon the filing of the notice of appeal the
court shall issue an order to the director to show cause why the
license should not be granted or reinstated, which order shall be
returnable not less than ten days after the date of service thereof
upon the director. Service shall be in the manner prescribed for
service of summons and complaint in other civil actions. Upon the
hearing on the order to show cause, the court shall hear evidence
concerning matters with reference to the suspension, revocation,
cancellation, or refusal of the license or certificate and shall enter
judgment either affirming or setting aside the suspension, revocation,
cancellation, or refusal.
(2) This section does not apply to vehicle registration
cancellations under RCW 46.16.710 through 46.16.760.
Sec. 9007 RCW 46.12.280 and 1979 c 158 s 136 are each amended to
read as follows:
The provisions of chapter 46.12 RCW concerning the registration and
titling of vehicles, and the perfection of security interests therein
shall apply to campers, as defined in RCW 46.04.085. In addition, the
director of licensing shall have the power to adopt such rules and
regulations he or she deems necessary to implement the registration and
titling of campers and the perfection of security interests therein.
Sec. 9008 RCW 46.12.300 and 1975-'76 2nd ex.s. c 91 s 1 are each
amended to read as follows:
Whoever knowingly buys, sells, receives, disposes of, conceals, or
has knowingly in his or her possession any vehicle, watercraft, camper,
or component part thereof, from which the manufacturer's serial number
or any other distinguishing number or identification mark has been
removed, defaced, covered, altered, or destroyed for the purpose of
concealment or misrepresenting the identity of the said vehicle,
watercraft, camper, or component part thereof shall be guilty of a
gross misdemeanor.
Sec. 9009 RCW 46.12.320 and 1975-'76 2nd ex.s. c 91 s 3 are each
amended to read as follows:
Unless a claim of ownership to the article or articles is
established pursuant to RCW 46.12.330, the law enforcement agency
seizing the vehicle, watercraft, camper, or component part thereof may
dispose of them by destruction, by selling at public auction to the
highest bidder, or by holding the article or articles for the official
use of the agency, when:
(1) The true identity of the article or articles cannot be
established by restoring the original manufacturer's serial number or
other distinguishing numbers or identification marks or by any other
means;
(2) After the true identity of the article or articles has been
established, the seizing law enforcement agency cannot locate the
person who is the lawful owner or if such lawful owner or his or her
successor in interest fails to claim the article or articles within
forty-five days after receiving notice from the seizing law enforcement
agency that the article or articles is in its possession.
No disposition of the article or articles pursuant to this section
shall be undertaken until at least sixty days have elapsed from the
date of seizure and written notice of the right to a hearing to
establish a claim of ownership pursuant to RCW 46.12.330 and of the
potential disposition of the article or articles shall have first been
served upon the person who held possession or custody of the article
when it was impounded and upon any other person who, prior to the final
disposition of the article, has notified the seizing law enforcement
agency in writing of a claim to ownership or lawful right to possession
thereof.
Sec. 9010 RCW 46.16.025 and 1979 c 158 s 139 are each amended to
read as follows:
Before any "farm vehicle", as defined in RCW 46.04.181, shall
operate on or move along a public highway, there shall be displayed
upon it in a conspicuous manner a decal or other device, as may be
prescribed by the director of licensing and issued by the department of
licensing, which shall describe in some manner the vehicle and identify
it as a vehicle exempt from the licensing requirements of this chapter.
Application for such identifying devices shall be made to the
department on a form furnished for that purpose by the director. Such
application shall be made by the owner or lessee of the vehicle, or his
or her duly authorized agent over the signature of such owner or agent,
and he or she shall certify that the statements therein are true to the
best of his or her knowledge. The application must show:
(1) The name and address of the owner of the vehicle;
(2) The trade name of the vehicle, model, year, type of body, the
motor number or the identification number thereof if such vehicle be a
motor vehicle, or the serial number thereof if such vehicle be a
trailer;
(3) The purpose for which said vehicle is to be principally used;
(4) Such other information as shall be required upon such
application by the director; and
(5) Place where farm vehicle is principally used or garaged.
A fee of five dollars shall be charged for and submitted with such
application for an identification decal as in this section provided as
to each farm vehicle which fee shall be deposited in the motor vehicle
fund and distributed proportionately as otherwise provided for vehicle
license fees under RCW 46.68.030. Only one application need be made as
to each such vehicle, and the status as an exempt vehicle shall
continue until suspended or revoked for misuse, or when such vehicle no
longer is used as a farm vehicle.
Sec. 9011 RCW 46.16.047 and 1961 c 12 s 46.16.047 are each
amended to read as follows:
Forms for such temporary permits shall be prescribed and furnished
by the department. Temporary permits shall bear consecutive numbers,
shall show the name and address of the applicant, trade name of the
vehicle, model, year, type of body, identification number and date of
application, and shall be such as may be affixed to the vehicle at the
time of issuance, and remain on such vehicle only during the period of
such registration and until the receipt of permanent license plates.
The application shall be registered in the office of the person issuing
the permit and shall be forwarded by him or her to the department each
day together with the fee accompanying it.
A fee of fifty cents shall be charged by the person authorized to
issue such permit which shall be accounted for in the same manner as
the other fees collected by such officers, provided that such fees
collected by county auditors or their agents shall be paid to the
county treasurer in the same manner as other fees collected by the
county auditor and credited to the county current expense fund.
Sec. 9012 RCW 46.16.210 and 2001 c 206 s 1 are each amended to
read as follows:
(1) Upon receipt of the application and proper fee for original
vehicle license, the director shall make a recheck of the application
and in the event that there is any error in the application it may be
returned to the county auditor or other agent to effectively secure the
correction of such error, who shall return the same corrected to the
director.
(2) Application for the renewal of a vehicle license shall be made
to the director or his or her agents, including county auditors, by the
registered owner on a form prescribed by the director. The application
must be accompanied by the payment of such license fees and excise tax
as may be required by law. Such application shall be handled in the
same manner and the fees transmitted to the state treasurer in the same
manner as in the case of an original application. Any such application
which upon validation becomes a renewal certificate need not have
entered upon it the name of the lien holder, if any, of the vehicle
concerned.
(3) Persons expecting to be out of the state during the normal
renewal period of a vehicle license may secure renewal of such vehicle
license and have license plates or tabs preissued by making application
to the director or his or her agents upon forms prescribed by the
director. The application must be accompanied by such license fees,
and excise tax as may be required by law.
(4) Application for the annual renewal of a vehicle license number
plate to the director or the director's agents shall not be required
for those vehicles owned, rented, or leased by the state of Washington,
or by any county, city, town, school district, or other political
subdivision of the state of Washington or a governing body of an Indian
tribe located within this state and recognized as a governmental entity
by the United States department of the interior.
Sec. 9013 RCW 46.16.230 and 1992 c 7 s 41 are each amended to
read as follows:
The director shall furnish to all persons making satisfactory
application for vehicle license as provided by law, two identical
vehicle license number plates each containing the vehicle license
number to be displayed on such vehicle as by law required: PROVIDED,
That if the vehicle to be licensed is a trailer, semitrailer, or
motorcycle only one vehicle license number plate shall be issued for
each thereof. The number and plate shall be of such size and color and
shall contain such symbols indicative of the registration period for
which the same is issued and of the state of Washington, as shall be
determined and prescribed by the director. Any vehicle license number
plate or plates issued to a dealer shall contain thereon a sufficient
and satisfactory indication that such plates have been issued to a
dealer in vehicles. All vehicle license number plates may be obtained
by the director from the metal working plant of a state correctional
facility or from any source in accordance with existing state of
Washington purchasing procedures.
Notwithstanding the foregoing provisions of this section, the
director may, in his or her discretion and under such rules and
regulations as he or she may prescribe, adopt a type of vehicle license
number plates whereby the same shall be used as long as legible on the
vehicle for which issued, with provision for tabs or emblems to be
attached thereto or elsewhere on the vehicle to signify renewals, in
which event the term "vehicle license number plate" as used in any
enactment shall be deemed to include in addition to such plate the tab
or emblem signifying renewal except when such plate contains the
designation of the current year without reference to any tab or emblem.
Renewals shall be effected by the issuance and display of such tab or
emblem.
Sec. 9014 RCW 46.16.260 and 1986 c 18 s 16 are each amended to
read as follows:
A certificate of license registration to be valid must have
endorsed thereon the signature of the registered owner (if a firm or
corporation, the signature of one of its officers or other duly
authorized agent) and must be carried in the vehicle for which it is
issued, at all times in the manner prescribed by the department. It
shall be unlawful for any person to operate or have in his or her
possession a vehicle without carrying thereon such certificate of
license registration. Any person in charge of such vehicle shall, upon
demand of any of the local authorities or of any police officer or of
any representative of the department, permit an inspection of such
certificate of license registration. This section does not apply to a
vehicle for which annual renewal of its license plates is not required
and which is marked in accordance with the provisions of RCW 46.08.065.
Sec. 9015 RCW 46.16.371 and 1987 c 237 s 1 are each amended to
read as follows:
(1) Every honorary consul or official representative of any foreign
government who is a citizen or resident of the United States of
America, duly licensed and holding an exequatur issued by the
department of state of the United States of America is entitled to
apply to the director for, and upon satisfactory showing, and upon
payment of regular license fees and excise tax, to receive, in lieu of
the regular motor vehicle license plates, such special plates of a
distinguishing color and running in a separate numerical series, as the
director shall prescribe. Application for renewal of the license
plates shall be as prescribed for the license renewal of other
vehicles.
(2) Whenever the owner or lessee as provided in subsection (1) of
this section transfers or assigns his or her interest or title in the
motor vehicle to which the special plates were attached, the plates
shall be removed from the motor vehicle, and if another vehicle is
acquired, attached thereto, and the director shall be immediately
notified of the transfer of the plates; otherwise the removed plates
shall be immediately forwarded to the director to be destroyed.
Whenever the owner or lessee as provided in subsection (1) of this
section is for any reason relieved of his or her duties as an honorary
consul or official representative of a foreign government, he or she
shall immediately forward the special plates to the director, who shall
upon receipt thereof provide such plates as are otherwise provided by
law.
Sec. 9016 RCW 46.16.505 and 1975 1st ex.s. c 118 s 11 are each
amended to read as follows:
It shall be unlawful for a person to operate any vehicle equipped
with a camper over and along a public highway of this state without
first having obtained and having in full force and effect a current and
proper camper license and displaying a camper license number plate
therefor as required by law: PROVIDED, HOWEVER, That if a camper is
part of the inventory of a manufacturer or dealer and is unoccupied at
all times, and a dated demonstration permit, valid for no more than
seventy-two hours is carried in the motor vehicle at all times it is
operated by any such individual, such camper may be demonstrated if
carried upon an appropriately licensed vehicle.
Application for an original camper license shall be made on a form
furnished for the purpose by the director. Such application shall be
made by the owner of the camper or his or her duly authorized agent
over the signature of such owner or agent, and he or she shall certify
that the statements therein are true and to the best of his or her
knowledge. The application must show:
(1) Name and address of the owner of the camper;
(2) Trade name of the camper, model, year, and the serial number
thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each registration
year or fractional part thereof and upon each camper a license fee or,
if the camper was previously licensed in this state and has not been
registered in another jurisdiction in the intervening period, a renewal
license fee. Such license fee shall be in the sum of four dollars and
ninety cents, and such renewal license fee shall be in the sum of three
dollars and fifty cents.
Except as otherwise provided for in this section, the provisions of
chapter 46.16 RCW shall apply to campers in the same manner as they
apply to vehicles.
Sec. 9017 RCW 46.16.595 and 1979 ex.s. c 136 s 52 are each
amended to read as follows:
When any person who has been issued personalized license plates
sells, trades, or otherwise releases ownership of the vehicle upon
which the personalized license plates have been displayed, he or she
shall immediately report the transfer of such plates to an acquired
vehicle or camper eligible for personalized license plates, pursuant to
RCW 46.16.590, or he or she shall surrender such plates to the
department forthwith and release his or her priority to the letters or
numbers, or combination thereof, displayed on the personalized license
plates. Failure to surrender such plates is a traffic infraction.
Sec. 9018 RCW 46.20.017 and 1979 ex.s. c 136 s 56 are each
amended to read as follows:
Every licensee shall have his or her driver's license in his or her
immediate possession at all times when operating a motor vehicle and
shall display the same upon demand to any police officer or to any
other person when and if required by law to do so. The offense
described in this section is a nonmoving offense.
Sec. 9019 RCW 46.20.024 and 1965 ex.s. c 121 s 44 are each
amended to read as follows:
No person shall cause or knowingly permit his or her child or ward
under the age of eighteen years to drive a motor vehicle upon any
highway when such minor is not authorized hereunder or in violation of
any of the provisions of this chapter.
Sec. 9020 RCW 46.20.220 and 1969 c 27 s 1 are each amended to
read as follows:
(1) It shall be unlawful for any person to rent a motor vehicle of
any kind including a motorcycle to any other person unless the latter
person is then duly licensed as a vehicle driver for the kind of motor
vehicle being rented in this state or, in case of a nonresident, then
that he or she is duly licensed as a driver under the laws of the state
or country of his or her residence except a nonresident whose home
state or country does not require that a motor vehicle driver be
licensed;
(2) It shall be unlawful for any person to rent a motor vehicle to
another person until he or she has inspected the vehicle driver's
license of such other person and compared and verified the signature
thereon with the signature of such other person written in his or her
presence;
(3) Every person renting a motor vehicle to another person shall
keep a record of the vehicle license number of the motor vehicle so
rented, the name and address of the person to whom the motor vehicle is
rented, the number of the vehicle driver's license of the person
renting the vehicle and the date and place when and where such vehicle
driver's license was issued. Such record shall be open to inspection
by any police officer or anyone acting for the director.
Sec. 9021 RCW 46.20.325 and 1965 ex.s. c 121 s 32 are each
amended to read as follows:
In the alternative to the procedure set forth in RCW 46.20.322 and
46.20.323 the department, whenever it determines from its records or
other sufficient evidence that the safety of persons upon the highways
requires such action, shall forthwith and without a driver improvement
interview suspend the privilege of a person to operate a motor vehicle
or impose reasonable terms and conditions of probation consistent with
the safe operation of a motor vehicle. The department shall in such
case, immediately notify such licensee in writing and upon his or her
request shall afford him or her an opportunity for a driver improvement
interview as early as practical within not to exceed seven days after
receipt of such request, or the department, at the time it gives notice
may set the date of a driver improvement interview, giving not less
than ten days' notice thereof.
Sec. 9022 RCW 46.20.327 and 1965 ex.s. c 121 s 34 are each
amended to read as follows:
A driver improvement interview shall be conducted in a completely
informal manner before a driver improvement analyst sitting as a
referee. The applicant or licensee shall have the right to make or
file a written answer or statement in which he or she may controvert
any point at issue, and present any evidence or arguments for the
consideration of the department pertinent to the action taken or
proposed to be taken or the grounds therefor. The department may
consider its records relating to the applicant or licensee. The driver
improvement interview shall not be deemed an agency hearing.
Sec. 9023 RCW 46.20.332 and 1972 ex.s. c 29 s 2 are each amended
to read as follows:
At a formal hearing the department shall consider its records and
may receive sworn testimony and may issue subpoenas for the attendance
of witnesses and the production of relevant books and papers in the
manner and subject to the conditions provided in chapter 5.56 RCW
relating to the issuance of subpoenas. In addition the department may
require a reexamination of the licensee or applicant. Proceedings at
a formal hearing shall be recorded stenographically or by mechanical
device. Upon the conclusion of a formal hearing, if not heard by the
director or a person authorized by him or her to make final decisions
regarding the issuance, denial, suspension, or revocation of licenses,
the referee or board shall make findings on the matters under
consideration and may prepare and submit recommendations to the
director or such person designated by the director who is authorized to
make final decisions regarding the issuance, denial, suspension, or
revocation of licenses.
Sec. 9024 RCW 46.20.333 and 1972 ex.s. c 29 s 3 are each amended
to read as follows:
In all cases not heard by the director or a person authorized by
him or her to make final decisions regarding the issuance, denial,
suspension, or revocation of licenses the director, or a person so
authorized shall review the records, evidence, and the findings after
a formal hearing, and shall render a decision sustaining, modifying, or
reversing the order of suspension or revocation or the refusal to
grant, or renew a license or the order imposing terms or conditions of
probation, or may set aside the prior action of the department and may
direct that probation be granted to the applicant or licensee and in
such case may fix the terms and conditions of the probation.
Sec. 9025 RCW 46.20.334 and 2005 c 288 s 7 are each amended to
read as follows:
Unless otherwise provided by law, any person denied a license or a
renewal of a license or whose license has been suspended or revoked by
the department shall have the right within thirty days, after receiving
notice of the decision following a formal hearing to file a notice of
appeal in the superior court in the county of his or her residence.
The hearing on the appeal hereunder shall be de novo.
Sec. 9026 RCW 46.20.349 and 1979 c 158 s 152 are each amended to
read as follows:
Any police officer who has received notice of the suspension or
revocation of a driver's license from the department of licensing((,))
may, during the reported period of such suspension or revocation, stop
any motor vehicle identified by its vehicle license number as being
registered to the person whose driver's license has been suspended or
revoked. The driver of such vehicle shall display his or her driver's
license upon request of the police officer.
Sec. 9027 RCW 46.29.040 and 1998 c 41 s 7 are each amended to
read as follows:
Any order of the director under the provisions of this chapter
shall be subject to review, at the instance of any party in interest,
by appeal to the superior court of Thurston county, or at his or her
option to the superior court of the county of his or her residence.
The scope of such review shall be limited to that prescribed by RCW
7.16.120 governing review by certiorari. Notice of appeal must be
filed within thirty days after service of the notice of such order.
The court shall determine whether the filing of the appeal shall
operate as a stay of any such order of the director. Upon the filing
the notice of appeal the court shall issue an order to the director to
show cause why the order should not be reversed or modified. The order
to show cause shall be returnable not less than ten nor more than
thirty days after the date of service thereof upon the director. The
court after hearing the matter may modify, affirm, or reverse the order
of the director in whole or in part.
Sec. 9028 RCW 46.29.050 and 2007 c 424 s 2 are each amended to
read as follows:
(1) The department shall upon request furnish any person or his or
her attorney a certified abstract of his or her driving record, which
abstract shall include enumeration of any motor vehicle accidents in
which such person has been involved. Such abstract shall (a) indicate
the total number of vehicles involved, whether the vehicles were
legally parked or moving, and whether the vehicles were occupied at the
time of the accident; and (b) contain reference to any convictions of
the person for violation of the motor vehicle laws as reported to the
department, reference to any findings that the person has committed a
traffic infraction which have been reported to the department, and a
record of any vehicles registered in the name of the person. The
department shall collect for each abstract the sum of ten dollars,
fifty percent of which shall be deposited in the highway safety fund
and fifty percent of which must be deposited according to RCW
46.68.038.
(2) The department shall upon request furnish any person who may
have been injured in person or property by any motor vehicle, with an
abstract of all information of record in the department pertaining to
the evidence of the ability of any driver or owner of any motor vehicle
to respond in damages. The department shall collect for each abstract
the sum of ten dollars, fifty percent of which shall be deposited in
the highway safety fund and fifty percent of which must be deposited
according to RCW 46.68.038.
Sec. 9029 RCW 46.29.070 and 1981 c 309 s 1 are each amended to
read as follows:
(1) The department, not less than twenty days after receipt of a
report of an accident as described in the preceding section, shall
determine the amount of security which shall be sufficient in its
judgment to satisfy any judgment or judgments for damages resulting
from such accident as may be recovered against each driver or owner.
Such determination shall not be made with respect to drivers or owners
who are exempt under succeeding sections of this chapter from the
requirements as to security and suspension.
(2) The department shall determine the amount of security deposit
required of any person upon the basis of the reports or other
information submitted. In the event a person involved in an accident
as described in this chapter fails to make a report or submit
information indicating the extent of his or her injuries or the damage
to his or her property within one hundred eighty days after the
accident and the department does not have sufficient information on
which to base an evaluation of such injuries or damage, then the
department after reasonable notice to such person, if it is possible to
give such notice, otherwise without such notice, shall not require any
deposit of security for the benefit or protection of such person.
(3) The department after receipt of report of any accident referred
to herein and upon determining the amount of security to be required of
any person involved in such accident or to be required of the owner of
any vehicle involved in such accident shall give written notice to
every such person of the amount of security required to be deposited by
him or her and that an order of suspension will be made as hereinafter
provided not less than twenty days and not more than sixty days after
the sending of such notice unless within said time security be
deposited as required by said notice.
Sec. 9030 RCW 46.29.080 and 1965 c 124 s 1 are each amended to
read as follows:
The requirements as to security and suspension in this chapter
shall not apply:
(1) To the driver or owner if the owner had in effect at the time
of the accident an automobile liability policy or bond with respect to
the vehicle involved in the accident, except that a driver shall not be
exempt under this subsection if at the time of the accident the vehicle
was being operated without the owner's permission, express or implied;
(2) To the driver, if not the owner of the vehicle involved in the
accident, if there was in effect at the time of the accident an
automobile liability policy or bond with respect to his or her driving
of vehicles not owned by him or her;
(3) To the driver, if not the owner of the vehicle involved in the
accident, if there was in effect at the time of the accident an
automobile liability policy or bond as to which there is a bona fide
dispute concerning coverage of such driver as evidenced by the pendency
of litigation seeking a declaration of said driver's coverage under
such policy or bond;
(4) To the driver, whether or not the owner, if there is a bona
fide claim on the part of the driver that there was in effect at the
time of the accident, an automobile liability policy or bond insuring
or covering such driver;
(5) To any person qualifying as a self-insurer under RCW 46.29.630
or to any person operating a vehicle for such self-insurer;
(6) To the driver or the owner of a vehicle involved in an accident
wherein no injury or damage was caused to the person or property of
anyone other than such driver or owner;
(7) To the driver or owner of a vehicle which at the time of the
accident was parked, unless such vehicle was parked at a place where
parking was at the time of the accident prohibited under any applicable
law or ordinance;
(8) To the owner of a vehicle if at the time of the accident the
vehicle was being operated without his or her permission, express or
implied, or was parked by a person who had been operating such vehicle
without such permission, except if the vehicle was operated by his or
her minor child or spouse;
(9) To the owner of a vehicle involved in an accident if at the
time of the accident such vehicle was owned by or leased to the United
States, this state or any political subdivision of this state or a
municipality thereof, or to the driver of such vehicle if operating
such vehicle with permission; or
(10) To the driver or the owner of a vehicle in the event at the
time of the accident the vehicle was being operated by or under the
direction of a police officer who, in the performance of his or her
duties, shall have assumed custody of such vehicle.
Sec. 9031 RCW 46.29.120 and 1965 c 124 s 2 are each amended to
read as follows:
(1) A person shall be relieved from the requirement for deposit of
security for the benefit or protection of another person injured or
damaged in the accident in the event he or she is released from
liability by such other person.
(2) In the event the department has evaluated the injuries or
damage to any minor the department may accept, for the purposes of this
chapter only, evidence of a release from liability executed by a
natural guardian or a legal guardian on behalf of such minor without
the approval of any court or judge.
Sec. 9032 RCW 46.29.140 and 1981 c 309 s 2 are each amended to
read as follows:
(1) Any two or more of the persons involved in or affected by an
accident as described in RCW 46.29.060 may at any time enter into a
written agreement for the payment of an agreed amount with respect to
all claims of any of such persons because of bodily injury to or death
or property damage arising from such accident, which agreement may
provide for payment in installments, and may file a signed copy thereof
with the department.
(2) The department, to the extent provided by any such written
agreement filed with it, shall not require the deposit of security and
shall terminate any prior order of suspension, or, if security has
previously been deposited, the department shall immediately return such
security to the depositor or his or her personal representative.
(3) In the event of a default in any payment under such agreement
and upon notice of such default the department shall take action
suspending the license of such person in default as would be
appropriate in the event of failure of such person to deposit security
when required under this chapter.
(4) Such suspension shall remain in effect and such license shall
not be restored unless and until:
(a) Security is deposited as required under this chapter in such
amount as the department may then determine,
(b) When, following any such default and suspension, the person in
default has paid the balance of the agreed amount,
(c) When, following any such default and suspension, the person in
default has resumed installment payments under an agreement acceptable
to the creditor, or
(d) Three years have elapsed following the accident and evidence
satisfactory to the department has been filed with it that during such
period no action at law upon such agreement has been instituted and is
pending.
Sec. 9033 RCW 46.29.160 and 1963 c 169 s 16 are each amended to
read as follows:
The department, if satisfied as to the existence of any fact which
under RCW 46.29.120, 46.29.130, 46.29.140 or 46.29.150 would entitle a
person to be relieved from the security requirements of this chapter,
shall not require the deposit of security by the person so relieved
from such requirement, or if security has previously been deposited by
such person, the department shall immediately return such deposit to
such person or to his or her personal representative.
Sec. 9034 RCW 46.29.170 and 1981 c 309 s 3 are each amended to
read as follows:
Unless a suspension is terminated under other provisions of this
chapter, any order of suspension by the department under this chapter
shall remain in effect and no license shall be renewed for or issued to
any person whose license is so suspended until:
(1) Such person shall deposit or there shall be deposited on his or
her behalf the security required under this chapter, or
(2) Three years have elapsed following the date of the accident
resulting in such suspension and evidence satisfactory to the
department has been filed with it that during such period no action for
damages arising out of the accident resulting in such suspension has
been instituted.
An affidavit of the applicant that no action at law for damages
arising out of the accident has been filed against him or her or, if
filed, that it is not still pending shall be prima facie evidence of
that fact. The department may take whatever steps are necessary to
verify the statement set forth in any said affidavit.
Sec. 9035 RCW 46.29.180 and 1967 c 32 s 38 are each amended to
read as follows:
(1) In case the driver or the owner of a vehicle of a type subject
to registration under the laws of this state involved in an accident
within this state has no driver's license in this state, then such
driver shall not be allowed a driver's license until he or she has
complied with the requirements of this chapter to the same extent that
would be necessary if, at the time of the accident, he or she had held
a license or been the owner of a vehicle registered in this state.
(2) When a nonresident's driving privilege is suspended pursuant to
RCW 46.29.110, the department shall transmit a certified copy of the
record or abstract of such action to the official in charge of the
issuance of licenses and registration certificates in the state in
which such nonresident resides, if the law of such other state provided
for action in relation thereto similar to that provided for in
subsection (3) of this section.
(3) Upon receipt of such certification that the driving privilege
of a resident of this state has been suspended or revoked in any such
other state pursuant to a law providing for its suspension or
revocation for failure to deposit security for the payment of judgments
arising out of a motor vehicle accident, under circumstances which
would require the department to suspend a nonresident's driving
privilege had the accident occurred in this state, the department shall
suspend the license of such resident. Such suspension shall continue
until such resident furnishes evidence of his or her compliance with
the law of such other state relating to the deposit of such security.
Sec. 9036 RCW 46.29.190 and 1965 c 124 s 3 are each amended to
read as follows:
The department may reduce the amount of security ordered in any
case if in its judgment the amount ordered is excessive. In case the
security originally ordered has been deposited, the excess deposit over
the reduced amount ordered shall be returned to the depositor or his or
her personal representative forthwith.
Sec. 9037 RCW 46.29.230 and 1981 c 309 s 5 are each amended to
read as follows:
Upon the expiration of three years from the date of the accident
resulting in the security requirement, any security remaining on
deposit shall be returned to the person who made such deposit or to his
or her personal representative if an affidavit or other evidence
satisfactory to the department has been filed with it:
(1) That no action for damages arising out of the accident for
which deposit was made is pending against any person on whose behalf
the deposit was made, and
(2) That there does not exist any unpaid judgment rendered against
any such person in such an action.
The foregoing provisions of this section shall not be construed to
limit the return of any deposit of security under any other provision
of this chapter authorizing such return.
Sec. 9038 RCW 46.29.290 and 1965 c 124 s 5 are each amended to
read as follows:
If a person has no license, but by final order or judgment is
convicted of or forfeits any bail or collateral deposited to secure an
appearance for trial for any offense requiring the suspension or
revocation of license, no license shall be thereafter issued to such
person unless he or she shall give and thereafter maintain proof of
financial responsibility for the future.
Sec. 9039 RCW 46.29.310 and 1969 ex.s. c 44 s 1 are each amended
to read as follows:
Whenever any person fails within thirty days to satisfy any
judgment, then it shall be the duty of the clerk of the court, or of
the judge of a court which has no clerk, in which any such judgment is
rendered within this state to forward immediately to the department the
following:
(1) A certified copy or abstract of such judgment;
(2) A certificate of facts relative to such judgment;
(3) Where the judgment is by default, a certified copy or abstract
of that portion of the record which indicates the manner in which
service of summons was effectuated and all the measures taken to
provide the defendant with timely and actual notice of the suit against
him or her.
Sec. 9040 RCW 46.29.360 and 1967 c 32 s 42 are each amended to
read as follows:
No license or nonresident's driving privilege of any person shall
be suspended under the provisions of this chapter if the department
shall find that an insurer was obligated to pay the judgment upon which
suspension is based, at least to the extent and for the amounts
required in this chapter, but has not paid such judgment for any
reason. A finding by the department that an insurer is obligated to
pay a judgment shall not be binding upon such insurer and shall have no
legal effect whatever except for the purpose of administering this
section. If the department finds that no insurer is obligated to pay
such a judgment, the judgment debtor may file with the department a
written notice of his or her intention to contest such finding by an
action in the superior court. In such a case the license or the
nonresident's driving privilege of such judgment debtor shall not be
suspended by the department under the provisions of this chapter for
thirty days from the receipt of such notice nor during the pendency of
any judicial proceedings brought in good faith to determine the
liability of an insurer so long as the proceedings are being diligently
prosecuted to final judgment by such judgment debtor. Whenever in any
judicial proceedings it shall be determined by any final judgment,
decree, or order that an insurer is not obligated to pay any such
judgment, the department, notwithstanding any contrary finding
theretofore made by it, shall forthwith suspend the license and any
nonresident's driving privilege of any person against whom such
judgment was rendered, as provided in RCW 46.29.330.
Sec. 9041 RCW 46.29.450 and 1963 c 169 s 45 are each amended to
read as follows:
Proof of financial responsibility when required under this chapter,
with respect to such a vehicle or with respect to a person who is not
the owner of such a vehicle, may be given by filing:
(1) A certificate of insurance as provided in RCW 46.29.460 or
46.29.470;
(2) A bond as provided in RCW 46.29.520;
(3) A certificate of deposit of money or securities as provided in
RCW 46.29.550; or
(4) A certificate of self-insurance, as provided in RCW 46.29.630,
supplemented by an agreement by the self-insurer that, with respect to
accidents occurring while the certificate is in force, he or she will
pay the same amounts that an insurer would have been obliged to pay
under an owner's motor vehicle liability policy if it had issued such
a policy to said self-insurer.
Sec. 9042 RCW 46.29.470 and 1963 c 169 s 47 are each amended to
read as follows:
A nonresident may give proof of financial responsibility by filing
with the department a written certificate or certificates of an
insurance carrier authorized to transact business in the state in which
the vehicle, or vehicles, owned by such nonresident is registered, or
in the state in which such nonresident resides, if he or she does not
own a vehicle, provided such certificate otherwise conforms with the
provisions of this chapter, and the department shall accept the same
upon condition that said insurance carrier complies with the following
provisions with respect to the policies so certified:
(1) Said insurance carrier shall execute a power of attorney
authorizing the director to accept service on its behalf of notice or
process in any action arising out of a motor vehicle accident in this
state;
(2) Said insurance carrier shall agree in writing that such
policies shall be deemed to conform with the laws of this state
relating to the terms of motor vehicle liability policies issued
therein.
Sec. 9043 RCW 46.29.490 and 1980 c 117 s 6 are each amended to
read as follows:
(1) Certification. A "motor vehicle liability policy" as said term
is used in this chapter means an "owner's policy" or an "operator's
policy" of liability insurance, certified as provided in RCW 46.29.460
or 46.29.470 as proof of financial responsibility for the future, and
issued, except as otherwise provided in RCW 46.29.470, by an insurance
carrier duly authorized to transact business in this state, to or for
the benefit of the person named in the policy as insured.
(2) Owner's policy. Such owner's policy of liability insurance:
(a) Shall designate by explicit description or by appropriate
reference all vehicles with respect to which coverage is to be granted
by the policy; and
(b) Shall insure the person named therein and any other person, as
insured, using any such vehicle or vehicles with the express or implied
permission of such named insured, against loss from the liability
imposed by law for damages arising out of the ownership, maintenance,
or use of such vehicle or vehicles within the United States of America
or the Dominion of Canada, subject to limits exclusive of interest and
costs, with respect to each such vehicle as follows: Twenty-five
thousand dollars because of bodily injury to or death of one person in
any one accident and, subject to said limit for one person, fifty
thousand dollars because of bodily injury to or death of two or more
persons in any one accident, and ten thousand dollars because of injury
to or destruction of property of others in any one accident.
(3) Operator's policy. Such operator's policy of liability
insurance shall insure the person named as insured therein against loss
from the liability imposed upon him or her by law for damages arising
out of the use by him or her of any motor vehicle not owned by him or
her, within the same territorial limits and subject to the same limits
of liability as are set forth above with respect to an owner's policy
of liability insurance.
(4) Required statements in policies. Such motor vehicle liability
policy shall state the name and address of the named insured, the
coverage afforded by the policy, the premium charged therefor, the
policy period, and the limits of liability, and shall contain an
agreement or be endorsed that insurance is provided under the policy in
accordance with the coverage defined in this chapter as respects bodily
injury and death or property damage, or both, and is subject to all the
provisions of this chapter.
(5) Policy need not insure workers' compensation, etc. Such motor
vehicle liability policy need not insure any liability under any
workers' compensation law nor any liability on account of bodily injury
or death of an employee of the insured while engaged in the employment,
other than domestic, of the insured, or while engaged in the operation,
maintenance, or repair of any such vehicle nor any liability for damage
to property owned by, rented to, in charge of, or transported by the
insured.
(6) Provisions incorporated in policy. Every motor vehicle
liability policy is subject to the following provisions which need not
be contained therein:
(a) The liability of the insurance carrier with respect to the
insurance required by this chapter becomes absolute whenever injury or
damage covered by said motor vehicle liability policy occurs; said
policy may not be canceled or annulled as to such liability by any
agreement between the insurance carrier and the insured after the
occurrence of the injury or damage; no statement made by the insured or
on his or her behalf and no violation of said policy defeats or voids
said policy.
(b) The satisfaction by the insured of a judgment for such injury
or damage shall not be a condition precedent to the right or duty of
the insurance carrier to make payment on account of such injury or
damage.
(c) The insurance carrier may settle any claim covered by the
policy, and if such settlement is made in good faith, the amount
thereof is deductible from the limits of liability specified in
((subdivision (b) of)) subsection (2)(b) of this section.
(d) The policy, the written application therefor, if any, and any
rider or endorsement which does not conflict with the provisions of
this chapter constitutes the entire contract between the parties.
(7) Excess or additional coverage. Any policy which grants the
coverage required for a motor vehicle liability policy may also grant
any lawful coverage in excess of or in addition to the coverage
specified for a motor vehicle liability policy, and such excess or
additional coverage is not subject to the provisions of this chapter.
With respect to a policy which grants such excess or additional
coverage the term "motor vehicle liability policy" applies only to that
part of the coverage which is required by this section.
(8) Reimbursement provision permitted. Any motor vehicle liability
policy may provide that the insured shall reimburse the insurance
carrier for any payment the insurance carrier would not have been
obligated to make under the terms of the policy except for the
provisions of this chapter.
(9) Proration of insurance permitted. Any motor vehicle liability
policy may provide for the prorating of the insurance thereunder with
other valid and collectible insurance.
(10) Multiple policies. The requirements for a motor vehicle
liability policy may be fulfilled by the policies of one or more
insurance carrier which policies together meet such requirements.
(11) Binders. Any binder issued pending the issuance of a motor
vehicle liability policy is deemed to fulfill the requirements for such
a policy.
Sec. 9044 RCW 46.29.510 and 1963 c 169 s 51 are each amended to
read as follows:
(1) This chapter shall not be held to apply to or affect policies
of automobile insurance against liability which may now or hereafter be
required by any other law of this state, and such policies, if they
contain an agreement or are endorsed to conform with the requirements
of this chapter, may be certified as proof of financial responsibility
under this chapter.
(2) This chapter shall not be held to apply to or affect policies
insuring solely the insured named in the policy against liability
resulting from the maintenance or use by persons in the insured's
employ or on his or her behalf of vehicles not owned by the insured.
Sec. 9045 RCW 46.29.540 and 1963 c 169 s 54 are each amended to
read as follows:
If a judgment, rendered against the principal on any bond described
in RCW 46.29.520, shall not be satisfied within thirty days after it
has become final, the judgment creditor may, for his or her own use and
benefit and at his or her sole expense, bring an action or actions in
the name of the state against the company or persons executing such
bond, including an action or proceeding to foreclose any lien that may
exist upon the real estate of a person who has executed such bond.
Such an action to foreclose a lien shall be prosecuted in the same
manner as an action to foreclose a mortgage on real estate.
Sec. 9046 RCW 46.29.550 and 1980 c 117 s 7 are each amended to
read as follows:
Proof of financial responsibility may be evidenced by the
certificate of the state treasurer that the person named therein has
deposited with him or her sixty thousand dollars in cash, or securities
such as may legally be purchased by savings banks or for trust funds of
a market value of sixty thousand dollars. The state treasurer shall
not accept any such deposit and issue a certificate therefor and the
department shall not accept such certificate unless accompanied by
evidence that there are no unsatisfied judgments of any character
against the depositor in the county where the depositor resides.
Sec. 9047 RCW 46.29.560 and 1963 c 169 s 56 are each amended to
read as follows:
Such deposit shall be held by the state treasurer to satisfy, in
accordance with the provisions of this chapter, any execution on a
judgment issued against such person making the deposit, for damages,
including damages for care and loss of services, because of bodily
injury to or death of any person, or for damages because of injury to
or destruction of property, including the loss of use thereof,
resulting from the ownership, maintenance, use, or operation of a
vehicle of a type subject to registration under the laws of this state
after such deposit was made. Money or securities so deposited shall
not be subject to attachment or execution unless such attachment or
execution shall arise out of a suit for damages as aforesaid. Any
interest or other income accruing to such money or securities, so
deposited, shall be paid by the state treasurer to the depositor, or
his or her order, as received.
Sec. 9048 RCW 46.29.570 and 1963 c 169 s 57 are each amended to
read as follows:
The owner of a motor vehicle may give proof of financial
responsibility on behalf of his or her employee or a member of his or
her immediate family or household in lieu of the furnishing of proof by
any said person. The furnishing of such proof shall permit such person
to operate only a motor vehicle covered by such proof. The department
shall endorse appropriate restrictions on the license held by such
person, or may issue a new license containing such restrictions.
Sec. 9049 RCW 46.29.600 and 1979 ex.s. c 136 s 66 are each
amended to read as follows:
(1) The department shall upon request consent to the immediate
cancellation of any bond or certificate of insurance, or the department
shall direct and the state treasurer shall return to the person
entitled thereto any money or securities deposited pursuant to this
chapter as proof of financial responsibility, or the department shall
waive the requirement of filing proof, in any of the following events:
(a) At any time after three years from the date such proof was
required when, during the three-year period preceding the request, the
department has not received record of a conviction, forfeiture of bail,
or finding that a traffic infraction has been committed which would
require or permit the suspension or revocation of the license of the
person by or for whom such proof was furnished; or
(b) In the event of the death of the person on whose behalf such
proof was filed or the permanent incapacity of such person to operate
a motor vehicle; or
(c) In the event the person who has given proof surrenders his or
her license to the department;
(2) Provided, however, that the department shall not consent to the
cancellation of any bond or the return of any money or securities in
the event any action for damages upon a liability covered by such proof
is then pending or any judgment upon any such liability is then
unsatisfied, or in the event the person who has filed such bond or
deposited such money or securities has within one year immediately
preceding such request been involved as a driver or owner in any motor
vehicle accident resulting in injury or damage to the person or
property of others. An affidavit of the applicant as to the
nonexistence of such facts, or that he or she has been released from
all of his or her liability, or has been finally adjudicated not to be
liable, for such injury or damage, shall be sufficient evidence thereof
in the absence of evidence to the contrary in the records of the
department.
(3) Whenever any person whose proof has been canceled or returned
under ((subdivision)) subsection (1)(c) of this section applies for a
license within a period of three years from the date proof was
originally required, any such application shall be refused unless the
applicant shall reestablish such proof for the remainder of such three-year period.
Sec. 9050 RCW 46.32.010 and 2007 c 419 s 7 are each amended to
read as follows:
(1) The chief of the Washington state patrol may operate, maintain,
or designate, throughout the state of Washington, stations for the
inspection of commercial motor vehicles, school buses, and private
carrier buses, with respect to vehicle equipment, drivers'
qualifications, and hours of service and to set reasonable times when
inspection of vehicles shall be performed.
(2) The state patrol may inspect a commercial motor vehicle while
the vehicle is operating on the public highways of this state with
respect to vehicle equipment, hours of service, and driver
qualifications.
(3) It is unlawful for any vehicle required to be inspected to be
operated over the public highways of this state unless and until it has
been approved periodically as to equipment.
(4) Inspections shall be performed by a responsible employee of the
chief of the Washington state patrol, who shall be duly authorized and
who shall have authority to secure and withhold, with written notice to
the director of licensing, the certificate of license registration and
license plates of any vehicle found to be defective in equipment so as
to be unsafe or unfit to be operated upon the highways of this state,
and it shall be unlawful for any person to operate a vehicle placed out
of service by an officer unless and until it has been placed in a
condition satisfactory to pass a subsequent equipment inspection. The
officer in charge of such vehicle equipment inspection shall grant to
the operator of such defective vehicle the privilege to move such
vehicle to a place for repair under such restrictions as may be
reasonably necessary.
(5) In the event any insignia, sticker, or other marker is adopted
to be displayed upon vehicles in connection with the inspection of
vehicle equipment, it shall be displayed as required by the rules of
the chief of the Washington state patrol, and it is a traffic
infraction for any person to mutilate, destroy, remove, or otherwise
interfere with the display thereof.
(6) It is a traffic infraction for any person to refuse to have his
or her motor vehicle examined as required by the chief of the
Washington state patrol, or, after having had it examined, to refuse to
place an insignia, sticker, or other marker, if issued, upon the
vehicle, or fraudulently to obtain any such insignia, sticker, or other
marker, or to refuse to place his or her motor vehicle in proper
condition after having had it examined, or in any manner, to fail to
conform to the provisions of this chapter.
(7) It is a traffic infraction for any person to perform false or
improvised repairs, or repairs in any manner not in accordance with
acceptable and customary repair practices, upon a motor vehicle.
Sec. 9051 RCW 46.32.020 and 2007 c 419 s 8 are each amended to
read as follows:
(1)(a) The chief of the Washington state patrol may adopt
reasonable rules regarding types of vehicles to be inspected,
inspection criteria, times for the inspection of vehicle equipment,
drivers' qualifications, hours of service, and all other matters with
respect to the conduct of vehicle equipment and driver inspections.
(b) The chief of the Washington state patrol shall prepare and
furnish such stickers, tags, record and report forms, stationery, and
other supplies as shall be deemed necessary. The chief of the
Washington state patrol is empowered to appoint and employ such
assistants as he or she may consider necessary and to fix hours of
employment and compensation.
(2) The chief of the Washington state patrol shall use data-driven
analysis to prioritize for inspections and compliance reviews those
motor carriers whose relative safety fitness identify them as higher
risk motor carriers.
Sec. 9052 RCW 46.37.380 and 1987 c 330 s 720 are each amended to
read as follows:
(1) Every motor vehicle when operated upon a highway shall be
equipped with a horn in good working order and capable of emitting
sound audible under normal conditions from a distance of not less than
two hundred feet, but no horn or other warning device may emit an
unreasonably loud or harsh sound or a whistle. The driver of a motor
vehicle shall when reasonably necessary to insure safe operation give
audible warning with his or her horn but shall not otherwise use such
horn when upon a highway.
(2) No vehicle may be equipped with nor may any person use upon a
vehicle any siren, whistle, or bell, except as otherwise permitted in
this section.
(3) It is permissible for any vehicle to be equipped with a theft
alarm signal device so long as it is so arranged that it cannot be used
by the driver as an ordinary warning signal. Such a theft alarm signal
device may use a whistle, bell, horn, or other audible signal but shall
not use a siren.
(4) Any authorized emergency vehicle may be equipped with a siren,
whistle, or bell capable of emitting sound audible under normal
conditions from a distance of not less than five hundred feet and of a
type conforming to rules adopted by the state patrol, but the siren
shall not be used except when the vehicle is operated in response to an
emergency call or in the immediate pursuit of an actual or suspected
violator of the law, in which latter events the driver of the vehicle
shall sound the siren when reasonably necessary to warn pedestrians and
other drivers of its approach.
Sec. 9053 RCW 46.37.423 and 1979 ex.s. c 136 s 71 are each
amended to read as follows:
No person, firm, or corporation shall sell or offer for sale for
use on the public highways of this state any new pneumatic passenger
car tire which does not meet the standards established by federal motor
vehicle safety standard No. 109, as promulgated by the United States
department of transportation under authority of the National Traffic
and Motor Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C.
1392, 1407).
The applicable standard shall be the version of standard No. 109 in
effect at the time of manufacture of the tire.
It is a traffic infraction for any person, firm, or corporation to
sell or offer for sale any new pneumatic passenger car tire which does
not meet the standards prescribed in this section unless such tires are
sold for off-highway use, as evidenced by a statement signed by the
purchaser at the time of sale certifying that he or she is not
purchasing such tires for use on the public highways of this state.
Sec. 9054 RCW 46.37.424 and 1979 ex.s. c 136 s 72 are each
amended to read as follows:
No person, firm, or corporation shall sell or offer for sale any
regrooved tire or shall regroove any tire for use on the public
highways of this state which does not meet the standard established by
federal motor vehicle standard part 569 -- regrooved tires, as
promulgated by the United States department of transportation under
authority of the National Traffic and Motor Vehicle Safety Act of 1966
(80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
The applicable standard shall be the version of the federal
regrooved tire standard in effect at the time of regrooving.
It is a traffic infraction for any person, firm, or corporation to
sell or offer for sale any regrooved tire or shall regroove any tire
which does not meet the standards prescribed in this section unless
such tires are sold or regrooved for off-highway use, as evidenced by
a statement signed by the purchaser or regroover at the time of sale or
regrooving certifying that he or she is not purchasing or regrooving
such tires for use on the public highways of this state.
Sec. 9055 RCW 46.37.550 and 1969 c 112 s 3 are each amended to
read as follows:
It shall be unlawful for any person to sell a motor vehicle in this
state if such person has knowledge that the odometer on such motor
vehicle has been turned back and if such person fails to notify the
buyer, prior to the time of sale, that the odometer has been turned
back or that he or she had reason to believe that the odometer has been
turned back.
Sec. 9056 RCW 46.37.560 and 1969 c 112 s 4 are each amended to
read as follows:
It shall be unlawful for any person to sell a motor vehicle in this
state if such person has knowledge that the odometer on such motor
vehicle has been replaced with another odometer and if such person
fails to notify the buyer, prior to the time of sale, that the odometer
has been replaced or that he or she believes the odometer to have been
replaced.
Sec. 9057 RCW 46.37.590 and 1975 c 24 s 1 are each amended to
read as follows:
In any suit brought by the purchaser of a motor vehicle against the
seller of such vehicle, the purchaser shall be entitled to recover his
or her court costs and a reasonable attorney's fee fixed by the court,
if: (1) The suit or claim is based substantially upon the purchaser's
allegation that the odometer on such vehicle has been tampered with
contrary to RCW 46.37.540 and 46.37.550 or replaced contrary to RCW
46.37.560; and (2) it is found in such suit that the seller of such
vehicle or any of his or her employees or agents knew or had reason to
know that the odometer on such vehicle had been so tampered with or
replaced and failed to disclose such knowledge to the purchaser prior
to the time of sale.
Sec. 9058 RCW 46.44.047 and 1994 c 172 s 1 are each amended to
read as follows:
A three axle truck tractor and a two axle pole trailer combination
engaged in the operation of hauling logs may exceed by not more than
six thousand eight hundred pounds the legal gross weight of the
combination of vehicles when licensed, as permitted by law, for sixty-eight thousand pounds: PROVIDED, That the distance between the first
and last axle of the vehicles in combination shall have a total
wheelbase of not less than thirty-seven feet, and the weight upon two
axles spaced less than seven feet apart shall not exceed thirty-three
thousand six hundred pounds.
Such additional allowances shall be permitted by a special permit
to be issued by the department of transportation valid only on state
primary or secondary highways authorized by the department and under
such rules, regulations, terms, and conditions prescribed by the
department. The fee for such special permit shall be fifty dollars for
a twelve-month period beginning and ending on April 1st of each
calendar year. Permits may be issued at any time, but if issued after
July 1st of any year the fee shall be thirty-seven dollars and fifty
cents. If issued on or after October 1st the fee shall be twenty-five
dollars, and if issued on or after January 1st the fee shall be twelve
dollars and fifty cents. A copy of such special permit covering the
vehicle involved shall be carried in the cab of the vehicle at all
times. Upon the third offense within the duration of the permit for
violation of the terms and conditions of the special permit, the
special permit shall be canceled. The vehicle covered by such canceled
special permit shall not be eligible for a new special permit until
thirty days after the cancellation of the special permit issued to said
vehicle. The fee for such renewal shall be at the same rate as set
forth in this section which covers the original issuance of such
special permit. Each special permit shall be assigned to a three-axle
truck tractor in combination with a two-axle pole trailer. When the
department issues a duplicate permit to replace a lost or destroyed
permit and where the department transfers a permit, a fee of fourteen
dollars shall be charged for each such duplicate issued or each such
transfer.
All fees collected hereinabove shall be deposited with the state
treasurer and credited to the motor vehicle fund.
Permits involving city streets or county roads or using city
streets or county roads to reach or leave state highways, authorized
for permit by the department may be issued by the city or county or
counties involved. A fee of five dollars for such city or county
permit may be assessed by the city or by the county legislative
authority which shall be deposited in the city or county road fund.
The special permit provided for herein shall be known as a "log
tolerance permit" and shall designate the route or routes to be used,
which shall first be approved by the city or county engineer involved.
Authorization of additional route or routes may be made at the
discretion of the city or county by amending the original permit or by
issuing a new permit. Said permits shall be issued on a yearly basis
expiring on March 31st of each calendar year. Any person, firm, or
corporation who uses any city street or county road for the purpose of
transporting logs with weights authorized by state highway log
tolerance permits, to reach or leave a state highway route, without
first obtaining a city or county permit when required by the city or
the county legislative authority shall be subject to the penalties
prescribed by RCW 46.44.105. For the purpose of determining gross
weight the actual scale weight taken by the officer shall be prima
facie evidence of such total gross weight. In the event the gross
weight is in excess of the weight permitted by law, the officer may,
within his or her discretion, permit the operator to proceed with his
or her vehicles in combination.
The chief of the state patrol, with the advice of the department,
may make reasonable rules and regulations to aid in the enforcement of
the provisions of this section.
Sec. 9059 RCW 46.52.050 and 1961 c 12 s 46.52.050 are each
amended to read as follows:
Every coroner or other official performing like functions shall on
or before the tenth day of each month, report in writing to the sheriff
of the county in which he or she holds office and to the chief of the
Washington state patrol the death of any person within his or her
jurisdiction during the preceding calendar month as a result of an
accident involving any vehicle, together with the circumstances of such
accident.
Sec. 9060 RCW 46.52.070 and 1999 c 351 s 2 are each amended to
read as follows:
(1) Any police officer of the state of Washington or of any county,
city, town, or other political subdivision, present at the scene of any
accident or in possession of any facts concerning any accident whether
by way of official investigation or otherwise shall make report thereof
in the same manner as required of the parties to such accident and as
fully as the facts in his or her possession concerning such accident
will permit.
(2) The police officer shall report to the department, on a form
prescribed by the director: (a) When a collision has occurred that
results in a fatality; and (b) the identity of the operator of a
vehicle involved in the collision when the officer has reasonable
grounds to believe the operator caused the collision.
(3) The police officer shall report to the department, on a form
prescribed by the director: (a) When a collision has occurred that
results in a serious injury; (b) the identity of the operator of a
vehicle involved in the collision when the officer has reasonable
grounds to believe the operator who caused the serious injury may not
be competent to operate a motor vehicle; and (c) the reason or reasons
for the officer's belief.
Sec. 9061 RCW 46.55.030 and 1989 c 111 s 3 are each amended to
read as follows:
(1) Application for licensing as a registered tow truck operator
shall be made on forms furnished by the department, shall be
accompanied by an inspection certification from the Washington state
patrol, shall be signed by the applicant or an agent, and shall include
the following information:
(a) The name and address of the person, firm, partnership,
association, or corporation under whose name the business is to be
conducted;
(b) The names and addresses of all persons having an interest in
the business, or if the owner is a corporation, the names and addresses
of the officers of the corporation;
(c) The names and addresses of all employees who serve as tow truck
drivers;
(d) Proof of minimum insurance required by subsection (3) of this
section;
(e) The vehicle license and vehicle identification numbers of all
tow trucks of which the applicant is the registered owner;
(f) Any other information the department may require; and
(g) A certificate of approval from the Washington state patrol
certifying that:
(i) The applicant has an established place of business and that
mail is received at the address shown on the application;
(ii) The address of any storage locations where vehicles may be
stored is correctly stated on the application;
(iii) The place of business has an office area that is accessible
to the public without entering the storage area; and
(iv) The place of business has adequate and secure storage
facilities, as defined in this chapter and the rules of the department,
where vehicles and their contents can be properly stored and protected.
(2) Before issuing a registration certificate to an applicant the
department shall require the applicant to file with the department a
surety bond in the amount of five thousand dollars running to the state
and executed by a surety company authorized to do business in this
state. The bond shall be approved as to form by the attorney general
and conditioned that the operator shall conduct his or her business in
conformity with the provisions of this chapter pertaining to abandoned
or unauthorized vehicles, and to compensate any person, company, or the
state for failure to comply with this chapter or the rules adopted
hereunder, or for fraud, negligence, or misrepresentation in the
handling of these vehicles. Any person injured by the tow truck
operator's failure to fully perform duties imposed by this chapter and
the rules adopted hereunder, or an ordinance or resolution adopted by
a city, town, or county is entitled to recover actual damages,
including reasonable attorney's fees against the surety and the tow
truck operator. Successive recoveries against the bond shall be
permitted, but the aggregate liability of the surety to all persons
shall not exceed the amount of the bond. As a condition of authority
to do business, the operator shall keep the bond in full force and
effect. Failure to maintain the penalty value of the bond or
cancellation of the bond by the surety automatically cancels the
operator's registration.
(3) Before the department may issue a registration certificate to
an applicant, the applicant shall provide proof of minimum insurance
requirements of:
(a) One hundred thousand dollars for liability for bodily injury or
property damage per occurrence; and
(b) Fifty thousand dollars of legal liability per occurrence, to
protect against vehicle damage, including but not limited to fire and
theft, from the time a vehicle comes into the custody of an operator
until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required by
(a) and (b) of this subsection automatically cancels the operator's
registration.
(4) The fee for each original registration and annual renewal is
one hundred dollars per company, plus fifty dollars per truck. The
department shall forward the registration fee to the state treasurer
for deposit in the motor vehicle fund.
(5) The applicant must submit an inspection certificate from the
state patrol before the department may issue or renew an operator's
registration certificate or tow truck permits.
(6) Upon approval of the application, the department shall issue a
registration certificate to the registered operator to be displayed
prominently at the operator's place of business.
Sec. 9062 RCW 46.55.085 and 2002 c 279 s 6 are each amended to
read as follows:
(1) A law enforcement officer discovering an unauthorized vehicle
left within a highway right-of-way shall attach to the vehicle a
readily visible notification sticker. The sticker shall contain the
following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be
taken into custody and stored at the owner's expense;
(d) A statement that if the vehicle is not redeemed as provided in
RCW 46.55.120, the registered owner will have committed the traffic
infraction of littering -- abandoned vehicle; and
(e) The address and telephone number where additional information
may be obtained.
(2) If the vehicle has current Washington registration plates, the
officer shall check the records to learn the identity of the last owner
of record. The officer or his or her department shall make a
reasonable effort to contact the owner by telephone in order to give
the owner the information on the notification sticker.
(3) If the vehicle is not removed within twenty-four hours from the
time the notification sticker is attached, the law enforcement officer
may take custody of the vehicle and provide for the vehicle's removal
to a place of safety. A vehicle that does not pose a safety hazard may
remain on the roadside for more than twenty-four hours if the owner or
operator is unable to remove it from the place where it is located and
so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety includes the
business location of a registered tow truck operator.
Sec. 9063 RCW 46.55.200 and 1989 c 111 s 16 are each amended to
read as follows:
A registered tow truck operator's license may be denied, suspended,
or revoked, or the licensee may be ordered to pay a monetary penalty of
a civil nature, not to exceed one thousand dollars per violation, or
the licensee may be subjected to any combination of license and
monetary penalty, whenever the director has reason to believe the
licensee has committed, or is at the time committing, a violation of
this chapter or rules adopted under it or any other statute or rule
relating to the title or disposition of vehicles or vehicle hulks,
including but not limited to:
(1) Towing any abandoned vehicle without first obtaining and having
in the operator's possession at all times while transporting it,
appropriate evidence of ownership or an impound authorization properly
executed by the private person or public official having control over
the property on which the unauthorized vehicle was found;
(2) Forging the signature of the registered or legal owner on a
certificate of title, or forging the signature of any authorized person
on documents pertaining to unauthorized or abandoned vehicles or
automobile hulks;
(3) Failing to comply with the statutes and rules relating to the
processing and sale of abandoned vehicles;
(4) Failing to accept bids on any abandoned vehicle offered at
public sale;
(5) Failing to transmit to the state surplus funds derived from the
sale of an abandoned vehicle;
(6) Selling, disposing of, or having in his or her possession,
without notifying law enforcement officials, a vehicle that he or she
knows or has reason to know has been stolen or illegally appropriated
without the consent of the owner;
(7) Failing to comply with the statutes and rules relating to the
transfer of ownership of vehicles or other procedures after public
sale; or
(8) Failing to pay any civil monetary penalty assessed by the
director pursuant to this section within ten days after the assessment
becomes final.
All orders by the director made under this chapter are subject to
the Administrative Procedure Act, chapter 34.05 RCW.
Sec. 9064 RCW 46.55.240 and 1994 c 176 s 2 are each amended to
read as follows:
(1) A city, town, or county that adopts an ordinance or resolution
concerning unauthorized, abandoned, or impounded vehicles shall include
the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize other
impound situations that may arise locally upon the public right-of-way
or other publicly owned or controlled property.
(b) A city, town, or county ordinance shall contain language that
establishes a written form of authorization to impound, which may
include a law enforcement notice of infraction or citation, clearly
denoting the agency's authorization to impound.
(c) A city, town, or county may, by ordinance, provide for release
of an impounded vehicle by means of a promissory note in lieu of
immediate payment, if at the time of redemption the legal or registered
owner requests a hearing on the validity of the impoundment. If the
municipal ordinance directs the release of an impounded vehicle before
the payment of the impoundment charges, the municipality is responsible
for the payment of those charges to the registered tow truck operator
within thirty days of the hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in this section
may be conducted by an administrative hearings officer instead of in
the district court. A decision made by an administrative hearing
officer may be appealed to the district court for final judgment.
(2) A city, town, or county may adopt an ordinance establishing
procedures for the abatement and removal as public nuisances of junk
vehicles or parts thereof from private property. Costs of removal may
be assessed against the registered owner of the vehicle if the identity
of the owner can be determined, unless the owner in the transfer of
ownership of the vehicle has complied with RCW 46.12.101, or the costs
may be assessed against the owner of the property on which the vehicle
is stored. A city, town, or county may also provide for the payment to
the tow truck operator or wrecker as a part of a neighborhood
revitalization program.
(3) Ordinances pertaining to public nuisances shall contain:
(a) A provision requiring notice to the last registered owner of
record and the property owner of record that a hearing may be requested
and that if no hearing is requested, the vehicle will be removed;
(b) A provision requiring that if a request for a hearing is
received, a notice giving the time, location, and date of the hearing
on the question of abatement and removal of the vehicle or part thereof
as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the
last equalized assessment roll and to the last registered and legal
owner of record unless the vehicle is in such condition that
identification numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i) a vehicle
or part thereof that is completely enclosed within a building in a
lawful manner where it is not visible from the street or other public
or private property or (ii) a vehicle or part thereof that is stored or
parked in a lawful manner on private property in connection with the
business of a licensed dismantler or licensed vehicle dealer and is
fenced according to RCW 46.80.130;
(d) A provision that the owner of the land on which the vehicle is
located may appear in person at the hearing or present a written
statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land, with his or
her reasons for the denial. If it is determined at the hearing that
the vehicle was placed on the land without the consent of the landowner
and that he or she has not subsequently acquiesced in its presence,
then the local agency shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is
located or otherwise attempt to collect the cost from the owner;
(e) A provision that after notice has been given of the intent of
the city, town, or county to dispose of the vehicle and after a
hearing, if requested, has been held, the vehicle or part thereof shall
be removed at the request of a law enforcement officer with notice to
the Washington state patrol and the department of licensing that the
vehicle has been wrecked. The city, town, or county may operate such
a disposal site when its governing body determines that commercial
channels of disposition are not available or are inadequate, and it may
make final disposition of such vehicles or parts, or may transfer such
vehicle or parts to another governmental body provided such disposal
shall be only as scrap.
(4) A registered disposer under contract to a city or county for
the impounding of vehicles shall comply with any administrative
regulations adopted by the city or county on the handling and disposing
of vehicles.
Sec. 9065 RCW 46.61.024 and 2003 c 101 s 1 are each amended to
read as follows:
(1) Any driver of a motor vehicle who willfully fails or refuses to
immediately bring his or her vehicle to a stop and who drives his or
her vehicle in a reckless manner while attempting to elude a pursuing
police vehicle, after being given a visual or audible signal to bring
the vehicle to a stop, shall be guilty of a class C felony. The signal
given by the police officer may be by hand, voice, emergency light, or
siren. The officer giving such a signal shall be in uniform and the
vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must be
established by a preponderance of the evidence that: (a) A reasonable
person would not believe that the signal to stop was given by a police
officer; and (b) driving after the signal to stop was reasonable under
the circumstances.
(3) The license or permit to drive or any nonresident driving
privilege of a person convicted of a violation of this section shall be
revoked by the department of licensing.
Sec. 9066 RCW 46.61.035 and 1969 c 23 s 1 are each amended to
read as follows:
(1) The driver of an authorized emergency vehicle, when responding
to an emergency call or when in the pursuit of an actual or suspected
violator of the law or when responding to but not upon returning from
a fire alarm, may exercise the privileges set forth in this section,
but subject to the conditions herein stated.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this chapter;
(b) Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;
(c) Exceed the maximum speed limits so long as he or she does not
endanger life or property;
(d) Disregard regulations governing direction of movement or
turning in specified directions.
(3) The exemptions herein granted to an authorized emergency
vehicle shall apply only when such vehicle is making use of visual
signals meeting the requirements of RCW 46.37.190, except that: (a) An
authorized emergency vehicle operated as a police vehicle need not be
equipped with or display a red light visible from in front of the
vehicle; (b) authorized emergency vehicles shall use audible signals
when necessary to warn others of the emergency nature of the situation
but in no case shall they be required to use audible signals while
parked or standing.
(4) The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for
the safety of all persons, nor shall such provisions protect the driver
from the consequences of his or her reckless disregard for the safety
of others.
Sec. 9067 RCW 46.61.202 and 1975 c 62 s 48 are each amended to
read as follows:
No driver shall enter an intersection or a marked crosswalk or
drive onto any railroad grade crossing unless there is sufficient space
on the other side of the intersection, crosswalk, or railroad grade
crossing to accommodate the vehicle he or she is operating without
obstructing the passage of other vehicles, pedestrians, or railroad
trains notwithstanding any traffic control signal indications to
proceed.
Sec. 9068 RCW 46.61.255 and 1989 c 288 s 1 are each amended to
read as follows:
(1) No person shall stand in or on a public roadway or alongside
thereof at any place where a motor vehicle cannot safely stop off the
main traveled portion thereof for the purpose of soliciting a ride for
himself or herself or for another from the occupant of any vehicle.
(2) It shall be unlawful for any person to solicit a ride for
himself or herself or another from within the right-of-way of any
limited access facility except in such areas where permission to do so
is given and posted by the highway authority of the state, county,
city, or town having jurisdiction over the highway.
(3) The provisions of subsections (1) and (2) above shall not be
construed to prevent a person upon a public highway from soliciting, or
a driver of a vehicle from giving a ride where an emergency actually
exists, nor to prevent a person from signaling or requesting
transportation from a passenger carrier for the purpose of becoming a
passenger thereon for hire.
(4) No person shall stand in a roadway for the purpose of
soliciting employment or business from the occupant of any vehicle.
(5) No person shall stand on or in proximity to a street or highway
for the purpose of soliciting the watching or guarding of any vehicle
while parked or about to be parked on a street or highway.
(6)(a) Except as provided in (b) of this subsection, the state
preempts the field of the regulation of hitchhiking in any form, and no
county, city, or town shall take any action in conflict with the
provisions of this section.
(b) A county, city, or town may regulate or prohibit hitchhiking in
an area in which it has determined that prostitution is occurring and
that regulating or prohibiting hitchhiking will help to reduce
prostitution in the area.
Sec. 9069 RCW 46.61.350 and 1977 c 78 s 1 are each amended to
read as follows:
(1) The driver of any motor vehicle carrying passengers for hire,
other than a passenger car, or of any school bus or private carrier bus
carrying any school child or other passenger, or of any vehicle
carrying explosive substances or flammable liquids as a cargo or part
of a cargo, before crossing at grade any track or tracks of a railroad,
shall stop such vehicle within fifty feet but not less than fifteen
feet from the nearest rail of such railroad and while so stopped shall
listen and look in both directions along such track for any approaching
train, and for signals indicating the approach of a train, except as
hereinafter provided, and shall not proceed until he or she can do so
safely. After stopping as required herein and upon proceeding when it
is safe to do so the driver of any said vehicle shall cross only in
such gear of the vehicle that there will be no necessity for changing
gears while traversing such crossing, and the driver shall not shift
gears while crossing the track or tracks.
(2) This section shall not apply at:
(a) Any railroad grade crossing at which traffic is controlled by
a police officer or a duly authorized ((flagman)) flagger;
(b) Any railroad grade crossing at which traffic is regulated by a
traffic control signal;
(c) Any railroad grade crossing protected by crossing gates or an
alternately flashing light signal intended to give warning of the
approach of a railroad train;
(d) Any railroad grade crossing at which an official traffic
control device as designated by the utilities and transportation
commission pursuant to RCW 81.53.060 gives notice that the stopping
requirement imposed by this section does not apply.
Sec. 9070 RCW 46.61.385 and 1990 c 33 s 585 are each amended to
read as follows:
The superintendent of public instruction, through the
superintendent of schools of any school district, or other officer or
board performing like functions with respect to the schools of any
other educational administrative district, may cause to be appointed
voluntary adult recruits as supervisors and, from the student body of
any public or private school or institution of learning, students, who
shall be known as members of the "school patrol" and who shall serve
without compensation and at the pleasure of the authority making the
appointment.
The members of such school patrol shall wear an appropriate
designation or insignia identifying them as members of the school
patrol when in performance of their duties, and they may display "stop"
or other proper traffic directional signs or signals at school
crossings or other points where school children are crossing or about
to cross a public highway, but members of the school patrol and their
supervisors shall be subordinate to and obey the orders of any peace
officer present and having jurisdiction.
School districts, at their discretion, may hire sufficient numbers
of adults to serve as supervisors. Such adults shall be subordinate to
and obey the orders of any peace officer present and having
jurisdiction.
Any school district having a school patrol may purchase uniforms
and other appropriate insignia, traffic signs and other appropriate
materials, all to be used by members of such school patrol while in
performance of their duties, and may pay for the same out of the
general fund of the district.
It shall be unlawful for the operator of any vehicle to fail to
stop his or her vehicle when directed to do so by a school patrol sign
or signal displayed by a member of the school patrol engaged in the
performance of his or her duty and wearing or displaying appropriate
insignia, and it shall further be unlawful for the operator of a
vehicle to disregard any other reasonable directions of a member of the
school patrol when acting in performance of his or her duties as such.
School districts may expend funds from the general fund of the
district to pay premiums for life and accident policies covering the
members of the school patrol in their district while engaged in the
performance of their school patrol duties.
Members of the school patrol shall be considered as employees for
the purposes of RCW 28A.400.370.
Sec. 9071 RCW 46.61.519 and 1989 c 178 s 26 are each amended to
read as follows:
(1) It is a traffic infraction to drink any alcoholic beverage in
a motor vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his or her
possession while in a motor vehicle upon a highway, a bottle, can, or
other receptacle containing an alcoholic beverage if the container has
been opened or a seal broken or the contents partially removed.
(3) It is a traffic infraction for the registered owner of a motor
vehicle, or the driver if the registered owner is not then present in
the vehicle, to keep in a motor vehicle when the vehicle is upon a
highway, a bottle, can, or other receptacle containing an alcoholic
beverage which has been opened or a seal broken or the contents
partially removed, unless the container is kept in the trunk of the
vehicle or in some other area of the vehicle not normally occupied by
the driver or passengers if the vehicle does not have a trunk. A
utility compartment or glove compartment is deemed to be within the
area occupied by the driver and passengers.
(4) This section does not apply to a public conveyance that has
been commercially chartered for group use or to the living quarters of
a motor home or camper or, except as otherwise provided by RCW
66.44.250 or local law, to any passenger for compensation in a for-hire
vehicle licensed under city, county, or state law, or to a privately-owned vehicle operated by a person possessing a valid operator's
license endorsed for the appropriate classification under chapter 46.25
RCW in the course of his or her usual employment transporting
passengers at the employer's direction: PROVIDED, That nothing in this
subsection shall be construed to authorize possession or consumption of
an alcoholic beverage by the operator of any vehicle while upon a
highway.
Sec. 9072 RCW 46.61.600 and 1980 c 97 s 2 are each amended to
read as follows:
(1) No person driving or in charge of a motor vehicle shall permit
it to stand unattended without first stopping the engine, locking the
ignition, removing the key and effectively setting the brake thereon
and, when standing upon any perceptible grade, turning the front wheels
to the curb or side of the highway.
(2) The most recent driver of a motor vehicle which the driver has
left standing unattended, who learns that the vehicle has become set in
motion and has struck another vehicle or property, or has caused injury
to any person, shall comply with the requirements of:
(a) RCW 46.52.010 if his or her vehicle strikes an unattended
vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020 if his or her vehicle causes damage to an
attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b) of this
section shall be subject to the sanctions set forth in RCW 46.52.020.
Sec. 9073 RCW 46.61.613 and 1967 c 232 s 8 are each amended to
read as follows:
The provisions of RCW 46.37.530 and 46.61.610 through 46.61.612 may
be temporarily suspended by the chief of the Washington state patrol,
or his or her designee, with respect to the operation of motorcycles
within their respective jurisdictions in connection with a parade or
public demonstration.
Sec. 9074 RCW 46.61.614 and 1975 c 62 s 47 are each amended to
read as follows:
No person riding upon a motorcycle shall attach himself or herself
or the motorcycle to any other vehicle on a roadway.
Sec. 9075 RCW 46.61.615 and 1965 ex.s. c 155 s 71 are each
amended to read as follows:
(1) No person shall drive a vehicle when it is so loaded, or when
there are in the front seat such a number of persons, exceeding three,
as to obstruct the view of the driver to the front or sides of the
vehicle or as to interfere with the driver's control over the driving
mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in such position as to
interfere with the driver's view ahead or to the sides, or to interfere
with his or her control over the driving mechanism of the vehicle.
Sec. 9076 RCW 46.61.765 and 1965 ex.s. c 155 s 82 are each
amended to read as follows:
No person riding upon any bicycle, coaster, roller skates, sled, or
toy vehicle shall attach the same or himself or herself to any vehicle
upon a roadway.
Sec. 9077 RCW 46.63.020 and 2009 c 485 s 6 are each amended to
read as follows:
Failure to perform any act required or the performance of any act
prohibited by this title or an equivalent administrative regulation or
local law, ordinance, regulation, or resolution relating to traffic
including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as a
criminal offense, except for an offense contained in the following
provisions of this title or a violation of an equivalent administrative
regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile
while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and
registration and markings indicating that a vehicle has been destroyed
or declared a total loss;
(6) RCW 46.16.010 relating to the nonpayment of taxes and fees by
failure to register a vehicle and falsifying residency when registering
a motor vehicle;
(7) RCW 46.16.011 relating to permitting unauthorized persons to
drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing false
information in conjunction with an application for a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's
license;
(11) RCW 46.20.091 relating to false statements regarding a
driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of
a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked
license or status;
(14) RCW 46.20.345 relating to the operation of a motor vehicle
with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an
occupational driver's license, temporary restricted driver's license,
or ignition interlock driver's license;
(16) RCW 46.20.740 relating to operation of a motor vehicle without
an ignition interlock device in violation of a license notation that
the device is required;
(17) RCW 46.20.750 relating to circumventing an ignition interlock
device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of
financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or
installation of a previously deployed air bag;
(23) RCW 46.37.671 through 46.37.675 relating to signal preemption
devices;
(24) RCW 46.44.180 relating to operation of mobile home pilot
vehicles;
(25) RCW 46.48.175 relating to the transportation of dangerous
articles;
(26) RCW 46.52.010 relating to duty on striking an unattended car
or other property;
(27) RCW 46.52.020 relating to duty in case of injury to or death
of a person or damage to an attended vehicle;
(28) RCW 46.52.090 relating to reports by ((repairmen, storagemen))
repairers, storage persons, and appraisers;
(29) RCW 46.52.130 relating to confidentiality of the driving
record to be furnished to an insurance company, an employer, and an
alcohol/drug assessment or treatment agency;
(30) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(31) RCW 46.55.035 relating to prohibited practices by tow truck
operators;
(32) RCW 46.55.300 relating to vehicle immobilization;
(33) RCW 46.61.015 relating to obedience to police officers,
flaggers, or firefighters;
(34) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(35) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(36) RCW 46.61.024 relating to attempting to elude pursuing police
vehicles;
(37) RCW 46.61.500 relating to reckless driving;
(38) RCW 46.61.502 and 46.61.504 relating to persons under the
influence of intoxicating liquor or drugs;
(39) RCW 46.61.503 relating to a person under age twenty-one
driving a motor vehicle after consuming alcohol;
(40) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(41) RCW 46.61.522 relating to vehicular assault;
(42) RCW 46.61.5249 relating to first degree negligent driving;
(43) RCW 46.61.527(4) relating to reckless endangerment of roadway
workers;
(44) RCW 46.61.530 relating to racing of vehicles on highways;
(45) RCW 46.61.655(7) (a) and (b) relating to failure to secure a
load;
(46) RCW 46.61.685 relating to leaving children in an unattended
vehicle with the motor running;
(47) RCW 46.61.740 relating to theft of motor vehicle fuel;
(48) RCW 46.64.010 relating to unlawful cancellation of or attempt
to cancel a traffic citation;
(49) RCW 46.64.048 relating to attempting, aiding, abetting,
coercing, and committing crimes;
(50) Chapter 46.65 RCW relating to habitual traffic offenders;
(51) RCW 46.68.010 relating to false statements made to obtain a
refund;
(52) RCW 46.35.030 relating to recording device information;
(53) Chapter 46.70 RCW relating to unfair motor vehicle business
practices, except where that chapter provides for the assessment of
monetary penalties of a civil nature;
(54) Chapter 46.72 RCW relating to the transportation of passengers
in for hire vehicles;
(55) RCW 46.72A.060 relating to limousine carrier insurance;
(56) RCW 46.72A.070 relating to operation of a limousine without a
vehicle certificate;
(57) RCW 46.72A.080 relating to false advertising by a limousine
carrier;
(58) Chapter 46.80 RCW relating to motor vehicle wreckers;
(59) Chapter 46.82 RCW relating to driver's training schools;
(60) RCW 46.87.260 relating to alteration or forgery of a cab card,
letter of authority, or other temporary authority issued under chapter
46.87 RCW;
(61) RCW 46.87.290 relating to operation of an unregistered or
unlicensed vehicle under chapter 46.87 RCW.
Sec. 9078 RCW 46.65.020 and 1991 c 293 s 7 are each amended to
read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context, an habitual offender means any person,
resident or nonresident, who has accumulated convictions or findings
that the person committed a traffic infraction as defined in RCW
46.20.270, or, if a minor, has violations recorded with the department
of licensing, for separate and distinct offenses as described in either
subsection (1) or (2) below committed within a five-year period, as
evidenced by the records maintained in the department of licensing:
PROVIDED, That where more than one described offense is committed
within a six-hour period such multiple offenses shall, on the first
such occasion, be treated as one offense for the purposes of this
chapter:
(1) Three or more convictions, singularly or in combination, of the
following offenses:
(a) Vehicular homicide as defined in RCW 46.61.520;
(b) Vehicular assault as defined in RCW 46.61.522;
(c) Driving or operating a motor vehicle while under the influence
of intoxicants or drugs;
(d) Driving a motor vehicle while his or her license, permit, or
privilege to drive has been suspended or revoked as defined in RCW
46.20.342(1)(b);
(e) Failure of the driver of any vehicle involved in an accident
resulting in the injury or death of any person or damage to any vehicle
which is driven or attended by any person to immediately stop such
vehicle at the scene of such accident or as close thereto as possible
and to forthwith return to and in every event remain at, the scene of
such accident until he or she has fulfilled the requirements of RCW
46.52.020;
(f) Reckless driving as defined in RCW 46.61.500;
(g) Being in physical control of a motor vehicle while under the
influence of intoxicating liquor or any drug as defined in RCW
46.61.504; or
(h) Attempting to elude a pursuing police vehicle as defined in RCW
46.61.024;
(2) Twenty or more convictions or findings that the person
committed a traffic infraction for separate and distinct offenses,
singularly or in combination, in the operation of a motor vehicle that
are required to be reported to the department of licensing other than
the offenses of driving with an expired driver's license and not having
a driver's license in the operator's immediate possession. Such
convictions or findings shall include those for offenses enumerated in
subsection (1) of this section when taken with and added to those
offenses described herein but shall not include convictions or findings
for any nonmoving violation. No person may be considered an habitual
offender under this subsection unless at least three convictions have
occurred within the three hundred sixty-five days immediately preceding
the last conviction.
The offenses included in subsections (1) and (2) of this section
are deemed to include offenses under any valid town, city, or county
ordinance substantially conforming to the provisions cited in
subsections (1) and (2) or amendments thereto, and any federal law, or
any law of another state, including subdivisions thereof, substantially
conforming to the aforesaid state statutory provisions.
Sec. 9079 RCW 46.65.080 and 1998 c 214 s 3 are each amended to
read as follows:
At the end of four years, the habitual offender may petition the
department of licensing for the return of his or her operator's license
and upon good and sufficient showing, the department of licensing may,
wholly or conditionally, reinstate the privilege of such person to
operate a motor vehicle in this state.
Sec. 9080 RCW 46.65.100 and 1998 c 214 s 4 are each amended to
read as follows:
At the expiration of seven years from the date of any final order
finding a person to be an habitual offender and directing him or her
not to operate a motor vehicle in this state, such person may petition
the department of licensing for restoration of his or her privilege to
operate a motor vehicle in this state. Upon receipt of such petition,
and for good cause shown, the department of licensing shall restore to
such person the privilege to operate a motor vehicle in this state upon
such terms and conditions as the department of licensing may prescribe,
subject to the provisions of chapter 46.29 RCW and such other
provisions of law relating to the issuance or revocation of operators'
licenses.
Sec. 9081 RCW 46.68.080 and 2006 c 337 s 12 are each amended to
read as follows:
(1) Motor vehicle license fees collected under RCW 46.16.0621 and
46.16.070 and fuel taxes collected under RCW 82.36.025(1) and
82.38.030(1) and directly or indirectly paid by the residents of those
counties composed entirely of islands and which have neither a fixed
physical connection with the mainland nor any state highways on any of
the islands of which they are composed, shall be paid into the motor
vehicle fund of the state of Washington and shall monthly, as they
accrue, and after deducting therefrom the expenses of issuing such
licenses and the cost of collecting such vehicle fuel tax, be paid to
the county treasurer of each such county to be by him or her disbursed
as hereinafter provided.
(2) One-half of the motor vehicle license fees collected under RCW
46.16.0621 and 46.16.070 and one-half of the fuel taxes collected under
RCW 82.36.025(1) and 82.38.030(1) and directly or indirectly paid by
the residents of those counties composed entirely of islands and which
have either a fixed physical connection with the mainland or state
highways on any of the islands of which they are composed, shall be
paid into the motor vehicle fund of the state of Washington and shall
monthly, as they accrue, and after deducting therefrom the expenses of
issuing such licenses and the cost of collecting such motor vehicle
fuel tax, be paid to the county treasurer of each such county to be by
him or her disbursed as hereinafter provided.
(3) All funds paid to the county treasurer of the counties of
either class referred to in subsections (1) and (2) of this section,
shall be by such county treasurer distributed and credited to the
several road districts of each such county and paid to the city
treasurer of each incorporated city and town within each such county,
in the direct proportion that the assessed valuation of each such road
district and incorporated city and town shall bear to the total
assessed valuation of each such county.
(4) The amount of motor vehicle fuel tax paid by the residents of
those counties composed entirely of islands shall, for the purposes of
this section, be that percentage of the total amount of motor vehicle
fuel tax collected in the state that the motor vehicle license fees
paid by the residents of counties composed entirely of islands bears to
the total motor vehicle license fees paid by the residents of the
state.
(5)(a) An amount of fuel taxes shall be deposited into the Puget
Sound ferry operations account. This amount shall equal the difference
between the total amount of fuel taxes collected in the state under RCW
82.36.020 and 82.38.030 less the total amount of fuel taxes collected
in the state under RCW 82.36.020(1) and 82.38.030(1) and be multiplied
by a fraction. The fraction shall equal the amount of motor vehicle
license fees collected under RCW 46.16.0621 and 46.16.070 from counties
described in subsection (1) of this section divided by the total amount
of motor vehicle license fees collected in the state under RCW
46.16.0621 and 46.16.070.
(b) An additional amount of fuel taxes shall be deposited into the
Puget Sound ferry operations account. This amount shall equal the
difference between the total amount of fuel taxes collected in the
state under RCW 82.36.020 and 82.38.030 less the total amount of fuel
taxes collected in the state under RCW 82.36.020(1) and 82.38.030(1)
and be multiplied by a fraction. The fraction shall equal the amount
of motor vehicle license fees collected under RCW 46.16.0621 and
46.16.070 from counties described in subsection (2) of this section
divided by the total amount of motor vehicle license fees collected in
the state under RCW 46.16.0621 and 46.16.070, and this shall be
multiplied by one-half.
Sec. 9082 RCW 46.70.075 and 1981 c 152 s 3 are each amended to
read as follows:
Before issuing a manufacturer license to a manufacturer of mobile
homes or travel trailers, the department shall require the applicant to
file with the department a surety bond in the amount of forty thousand
dollars in the case of a mobile home manufacturer and twenty thousand
dollars in the case of a travel trailer manufacturer, running to the
state and executed by a surety company authorized to do business in the
state. Such bond shall be approved by the attorney general as to form
and conditioned that the manufacturer shall conduct his or her business
in conformity with the provisions of this chapter and with all
standards set by the state of Washington or the federal government
pertaining to the construction or safety of such vehicles. Any retail
purchaser or vehicle dealer who has suffered any loss or damage by
reason of breach of warranty or by any act by a manufacturer which
constitutes a violation of this chapter or a violation of any standards
set by the state of Washington or the federal government pertaining to
construction or safety of such vehicles has the right to institute an
action for recovery against such manufacturer and the surety upon such
bond. Successive recoveries against the bond shall be permitted, but
the aggregate liability of the surety to all persons shall in no event
exceed the amount of the bond. Upon exhaustion of the penalty of the
bond or cancellation of the bond by the surety the manufacturer license
is automatically deemed canceled.
Sec. 9083 RCW 46.70.102 and 1986 c 241 s 14 are each amended to
read as follows:
Upon the entry of the order under RCW 46.70.101 the director shall
promptly notify the applicant or licensee that the order has been
entered and of the reasons therefor and that if requested by the
applicant or licensee within fifteen days after the receipt of the
director's notification, the matter will be promptly set down for
hearing pursuant to chapter 34.05 RCW. If no hearing is requested and
none is ordered by the director, the order will remain in effect until
it is modified or vacated by the director. If a hearing is requested
or ordered, the director, or his or her personal representative, after
notice of and opportunity for hearing, may modify or vacate the order,
or extend it until final determination. No final order may be entered
under RCW 46.70.101 denying or revoking a license without appropriate
prior notice to the applicant or licensee, opportunity for hearing, and
written findings of fact and conclusions of law.
Sec. 9084 RCW 46.70.111 and 1967 ex.s. c 74 s 15 are each amended
to read as follows:
For the purpose of any investigation or proceeding under this
chapter, the director or any officer designated by him or her may
administer oaths and affirmations, subpoena witnesses, compel their
attendance, take evidence, and require the production of any books,
papers, correspondence, memoranda, agreements, or other documents or
records which the director deems relevant or material to the inquiry.
(1) In case of contumacy by, or refusal to obey a subpoena issued
to, any person, any court of competent jurisdiction, upon application
by the director, may issue to that person an order requiring him or her
to appear before the director, or the officer designated by him or her,
to produce documentary or other evidence touching the matter under
investigation or in question. The failure to obey an order of the
court may be punishable by contempt.
Sec. 9085 RCW 46.70.190 and 1989 c 415 s 21 are each amended to
read as follows:
Any person who is injured in his or her business or property by a
violation of this chapter, or any person so injured because he or she
refuses to accede to a proposal for an arrangement which, if
consummated, would be in violation of this chapter, may bring a civil
action in the superior court to enjoin further violations, to recover
the actual damages sustained by him or her together with the costs of
the suit, including a reasonable attorney's fee.
If a new motor vehicle dealer recovers a judgment or has a claim
dismissed with prejudice against a manufacturer under RCW 46.96.040 or
46.96.050(3) or this section, the new motor vehicle dealer is precluded
from pursuing that same claim or recovering judgment for that same
claim against the same manufacturer under the federal Automobile Dealer
Franchise Act, 15 U.S.C. Sections 1221 through 1225, but only to the
extent that the damages recovered by or denied to the new motor vehicle
dealer are the same as the damages being sought under the federal
Automobile Dealer Franchise Act. Likewise, if a new motor vehicle
dealer recovers a judgment or has a claim dismissed with prejudice
against a manufacturer under the federal Automobile Dealer Franchise
Act, the dealer is precluded from pursuing that same claim or
recovering judgment for that same claim against the same manufacturer
under this chapter, but only to the extent that the damages recovered
by or denied to the dealer are the same as the damages being sought
under this chapter.
A civil action brought in the superior court pursuant to the
provisions of this section must be filed no later than one year
following the alleged violation of this chapter.
Sec. 9086 RCW 46.70.220 and 1967 ex.s. c 74 s 19 are each amended
to read as follows:
The director may refer such evidence as may be available concerning
violations of this chapter or of any rule or order hereunder to the
attorney general or the proper prosecuting attorney, who may in his or
her discretion, with or without such a reference, in addition to any
other action they might commence, bring an action in the name of the
state against any person to restrain and prevent the doing of any act
or practice herein prohibited or declared unlawful: PROVIDED, That
this chapter shall be considered in conjunction with chapters 9.04
((RCW)), 19.86 ((RCW)), and 63.14 RCW and the powers and duties of the
attorney general and the prosecuting attorney as they may appear in the
aforementioned chapters, shall apply against all persons subject to
this chapter: PROVIDED FURTHER, That any action to enforce a claim for
civil damages under chapter 19.86 RCW shall be forever barred unless
commenced within six years after the cause of action accrues.
Sec. 9087 RCW 46.70.230 and 1967 ex.s. c 74 s 20 are each amended
to read as follows:
In the enforcement of this chapter, the attorney general and/or any
said prosecuting attorney may accept an assurance of compliance with
the provisions of this chapter from any person deemed in violation
hereof. Any such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in which
the alleged violator resides or has his or her principal place of
business, or in Thurston county.
Sec. 9088 RCW 46.70.250 and 1967 ex.s. c 74 s 23 are each amended
to read as follows:
Personal service of any process in an action under this chapter may
be made upon any person outside the state if such person has engaged in
conduct in violation of this chapter which has had the impact in this
state which this chapter reprehends. Such person shall be deemed to
have thereby submitted himself or herself to the jurisdiction of the
courts of this state within the meaning of RCW 4.28.180 and 4.28.185.
Sec. 9089 RCW 46.72.040 and 1973 c 15 s 1 are each amended to
read as follows:
Before a permit is issued every for hire operator shall be required
to deposit and thereafter keep on file with the director a surety bond
running to the state of Washington covering each and every for hire
vehicle as may be owned or leased by him or her and used in the conduct
of his or her business as a for hire operator. Such bond shall be in
the sum of one hundred thousand dollars for any recovery for death or
personal injury by one person, and three hundred thousand dollars for
all persons killed or receiving personal injury by reason of one act of
negligence, and twenty-five thousand dollars for damage to property of
any person other than the assured, with a good and sufficient surety
company licensed to do business in this state as surety and to be
approved by the director, conditioned for the faithful compliance by
the principal of said bond with the provisions of this chapter, and to
pay all damages which may be sustained by any person injured by reason
of any careless negligence or unlawful act on the part of said
principal, his or her agents or employees in the conduct of said
business or in the operation of any motor propelled vehicle used in
transporting passengers for compensation on any public highway of this
state.
Sec. 9090 RCW 46.72.060 and 1961 c 12 s 46.72.060 are each
amended to read as follows:
Every person having a cause of action for damages against any
person, firm, or corporation receiving a permit under the provisions of
this chapter, for injury, damages, or wrongful death caused by any
careless, negligent, or unlawful act of any such person, firm, or
corporation or his((, their,)) or her or its agents or employees in
conducting or carrying on said business or in operating any motor
propelled vehicle for the carrying and transporting of passengers over
and along any public street, road, or highway shall have a cause of
action against the principal and surety upon the bond or the insurance
company and the insured for all damages sustained, and in any such
action the full amount of damages sustained may be recovered against
the principal, but the recovery against the surety shall be limited to
the amount of the bond.
Sec. 9091 RCW 46.72.110 and 1967 c 32 s 87 are each amended to
read as follows:
All fees received by the director under the provisions of this
chapter shall be transmitted by him or her, together with a proper
identifying report, to the state treasurer to be deposited by the state
treasurer in the highway safety fund.
Sec. 9092 RCW 46.76.010 and 1961 c 12 s 46.76.010 are each
amended to read as follows:
It shall be unlawful for any person, firm, partnership,
association, or corporation to engage in the business of delivering by
the driveaway or towaway methods vehicles not his or her own and of a
type required to be registered under the laws of this state, without
procuring a transporter's license in accordance with the provisions of
this chapter.
This shall not apply to motor freight carriers or operations
regularly licensed under the provisions of chapter 81.80 RCW to haul
such vehicles on trailers or semitrailers.
Driveaway or towaway methods means the delivery service rendered by
a motor vehicle transporter wherein motor vehicles are driven singly or
in combinations by the towbar, saddlemount or fullmount methods or any
lawful combinations thereof, or where a truck or truck-tractor draws or
tows a semitrailer or trailer.
Sec. 9093 RCW 46.76.060 and 1961 c 12 s 46.76.060 are each
amended to read as follows:
Transporter's license plates shall be conspicuously displayed on
all vehicles being delivered by the driveaway or towaway methods.
These plates shall not be loaned to or used by any person other than
the holder of the license or his or her employees.
Sec. 9094 RCW 46.79.030 and 1971 ex.s. c 110 s 3 are each amended
to read as follows:
Application for a hulk hauler's license or a scrap processor's
license or renewal of a hulk hauler's license or a scrap processor's
license shall be made on a form for this purpose, furnished by the
director, and shall be signed by the applicant or his or her authorized
agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association,
or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest
in the business or, if the owner is a corporation, the names and
addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or
town, wherever located, having a population of over five thousand
persons and in all other instances a member of the state patrol
certifying that the applicant can be found at the address shown on the
application, and;
(4) Any other information that the director may require.
Sec. 9095 RCW 46.79.040 and 1971 ex.s. c 110 s 4 are each amended
to read as follows:
Application for a hulk hauler's license, together with a fee of ten
dollars, or application for a scrap processor's license, together with
a fee of twenty-five dollars, shall be forwarded to the director. Upon
receipt of the application the director shall, if the application be in
order, issue the license applied for authorizing him or her to do
business as such and forward the fee, together with an itemized and
detailed report, to the state treasurer, to be deposited in the motor
vehicle fund. Upon receiving the certificate the owner shall cause it
to be prominently displayed at the address shown in his or her
application, where it may be inspected by an investigating officer at
any time.
Sec. 9096 RCW 46.79.060 and 1971 ex.s. c 110 s 6 are each amended
to read as follows:
The hulk hauler or scrap processor shall obtain a special set of
license plates in addition to the regular licenses and plates required
for the operation of vehicles owned and/or operated by him or her and
used in the conduct of his or her business. Such special license shall
be displayed on the operational vehicles and shall be in lieu of a trip
permit or current license on any vehicle being transported. The fee
for these plates shall be five dollars for the original plates and two
dollars for each additional set of plates bearing the same license
number.
Sec. 9097 RCW 46.80.010 and 1999 c 278 s 1 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter.
(1) "Vehicle wrecker" means every person, firm, partnership,
association, or corporation engaged in the business of buying, selling,
or dealing in vehicles of a type required to be licensed under the laws
of this state, for the purpose of wrecking, dismantling, disassembling,
or substantially changing the form of a vehicle, or who buys or sells
integral secondhand parts of component material thereof, in whole or in
part, or who deals in secondhand vehicle parts.
(2) "Core" means a major component part received by a vehicle
wrecker in exchange for a like part sold by the wrecker, is not resold
as a major component part except for scrap metal value or for
remanufacture, and the wrecker maintains records for three years from
the date of acquisition to identify the name of the person from whom
the core was received.
(3) "Established place of business" means a building or enclosure
which the vehicle wrecker occupies either continuously or at regular
periods and where his or her books and records are kept and business is
transacted and which must conform with zoning regulations.
(4) "Interim owner" means the owner of a vehicle who has the
original certificate of ownership for the vehicle, which certificate
has been released by the person named on the certificate and assigned
to the person offering to sell the vehicle to the wrecker.
(5) "Major component part" includes at least each of the following
vehicle parts: (a) Engines and short blocks; (b) frame; (c)
transmission and/or transfer case; (d) cab; (e) door; (f) front or rear
differential; (g) front or rear clip; (h) quarter panel; (i) truck bed
or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag.
The director may supplement this list by rule.
(6) "Wrecked vehicle" means a vehicle which is disassembled or
dismantled or a vehicle which is acquired with the intent to dismantle
or disassemble and never again to operate as a vehicle, or a vehicle
which has sustained such damage that its cost to repair exceeds the
fair market value of a like vehicle which has not sustained such
damage, or a damaged vehicle whose salvage value plus cost to repair
equals or exceeds its fair market value, if repaired, or a vehicle
which has sustained such damage or deterioration that it may not
lawfully operate upon the highways of this state for which the salvage
value plus cost to repair exceeds its fair market value, if repaired;
further, it is presumed that a vehicle is a wreck if it has sustained
such damage or deterioration that it may not lawfully operate upon the
highways of this state.
Sec. 9098 RCW 46.80.030 and 2001 c 64 s 13 are each amended to
read as follows:
Application for a vehicle wrecker's license or renewal of a vehicle
wrecker's license shall be made on a form for this purpose, furnished
by the department of licensing, and shall be signed by the vehicle
wrecker or his or her authorized agent and shall include the following
information:
(1) Name and address of the person, firm, partnership, association,
or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest
in the business or, if the owner is a corporation, the names and
addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or
town having a population of over five thousand persons and in all other
instances a member of the Washington state patrol certifying that:
(a) The applicant has an established place of business at the
address shown on the application, and;
(b) In the case of a renewal of a vehicle wrecker's license, the
applicant is in compliance with this chapter and the provisions of
Title 46 RCW, relating to registration and certificates of title:
PROVIDED, That the above certifications in any instance can be made by
an authorized representative of the department of licensing;
(4) Any other information that the department may require.
Sec. 9099 RCW 46.82.300 and 2009 c 101 s 2 are each amended to
read as follows:
(1) The director shall be assisted in the duties and
responsibilities of this chapter by the driver instructors' advisory
committee, consisting of seven members, two of which, when possible,
must reside east of the crest of the Cascade mountains. Members of the
advisory committee shall be appointed by the director for two-year
terms and shall consist of two representatives of the driver training
schools, two representatives of the driving instructors (who shall not
be from the same school as the school member), a representative of the
superintendent of public instruction, a representative of the
department of licensing, and a representative from the Washington state
traffic safety commission.
(2) The advisory committee shall meet at least semiannually and
shall have additional meetings as may be called by the director. The
director or the director's representative shall attend all meetings of
the advisory committee and shall serve as ((chairman)) chair.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer on department proposed policy and rule with
the director or the director's representative on matters pertaining to
the establishment of rules necessary to carry out this chapter;
(b) Review and update when necessary a curriculum consisting of a
list of items of knowledge and the processes of driving a motor vehicle
specifying the minimum requirements adjudged necessary in teaching a
proper and adequate course of driver education;
(c) Review and update instructor certification standards to be
consistent with RCW 46.82.330 and take into consideration those
standards required to be met by traffic safety education teachers under
RCW 28A.220.020(3); and
(d) Prepare the examination for a driver instructor's certificate
and review examination results at least once each calendar year for the
purpose of updating and revising examination standards.
Sec. 9100 RCW 46.85.020 and 1987 c 244 s 9 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Jurisdiction" means and includes a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a foreign country, and a state or province
of a foreign country.
(2) "Owner" means a person, business firm, or corporation who holds
the legal title to a vehicle, or in the event a vehicle is the subject
of an agreement for the conditional sale thereof with the right of
purchase upon performance of the conditions stated in the agreement and
with an immediate right of possession vested in the conditional vendee,
or in the event a vehicle is subject to a lease, contract, or other
legal arrangement vesting right of possession or control, for security
or otherwise, or in the event a mortgagor of a vehicle is entitled to
possession, then the owner shall be deemed to be such person in whom is
vested right of possession or control.
(3) "Properly registered," as applied to place of registration,
means:
(a) The jurisdiction where the person registering the vehicle has
his or her legal residence; or
(b) In the case of a commercial vehicle, the jurisdiction in which
it is registered if the commercial enterprise in which such vehicle is
used has a place of business therein, and, if the vehicle is most
frequently dispatched, garaged, serviced, maintained, operated, or
otherwise controlled in or from such place of business, and, the
vehicle has been assigned to such place of business; or
(c) In the case of a commercial vehicle, the jurisdiction where,
because of an agreement or arrangement between two or more
jurisdictions, or pursuant to a declaration, the vehicle has been
registered as required by said jurisdiction.
In case of doubt or dispute as to the proper place of registration
of a vehicle, the department shall make the final determination, but in
making such determination, may confer with departments of the other
jurisdictions affected.
Sec. 9101 RCW 46.87.360 and 1987 c 244 s 49 are each amended to
read as follows:
Whenever the owner of proportionally registered vehicles is
delinquent in the payment of an obligation imposed under this chapter,
and the delinquency continues after notice and demand for payment by
the department, the department may proceed to collect the amount due
from the owner in the following manner: The department shall seize any
property subject to the lien of the fees, taxes, penalties, and
interest and sell it at public auction to pay the obligation and any
and all costs that may have been incurred because of the seizure and
sale. Notice of the intended sale and its time and place shall be
given to the delinquent owner and to all persons appearing of record to
have an interest in the property. The notice shall be given in writing
at least ten days before the date set for the sale by registered or
certified mail addressed to the owner as appearing in the proportional
registration records of the department and, in the case of any person
appearing of record to have an interest in such property, addressed to
that person at ((their)) his or her last known residence or place of
business. In addition, the notice shall be published at least ten days
before the date set for the sale in a newspaper of general circulation
published in the county in which the property seized is to be sold. If
there is no newspaper in the county, the notice shall be posted in
three public places in the county for a period of ten days. The notice
shall contain a description of the property to be sold, a statement of
the amount due under this chapter, the name of the owner of the
proportionally registered vehicles, and the further statement that
unless the amount due is paid on or before the time fixed in the notice
the property will be sold in accordance with law.
The department shall then proceed to sell the property in
accordance with law and the notice, and shall deliver to the purchaser
a bill of sale or deed that vests title in the purchaser. If upon any
such sale the moneys received exceed the amount due to the state under
this chapter from the delinquent owner, the excess shall be returned to
the delinquent owner and his or her receipt obtained for it. The
department may withhold payment of the excess to the delinquent owner
if a person having an interest in or lien upon the property has filed
with the department ((their)) his or her notice of the lien or interest
before the sale, pending determination of the rights of the respective
parties thereto by a court of competent jurisdiction. If for any
reason the receipt of the delinquent owner is not available, the
department shall deposit the excess with the state treasurer as trustee
for the delinquent owner.
Sec. 9102 RCW 46.96.150 and 2005 c 433 s 43 are each amended to
read as follows:
(1) Within thirty days after receipt of the notice under RCW
46.96.140, or within thirty days after the end of an appeal procedure
provided by the manufacturer, whichever is greater, a new motor vehicle
dealer so notified or entitled to notice may file a petition with the
department protesting the proposed establishment or relocation. The
petition shall contain a short statement setting forth the reasons for
the dealer's objection to the proposed establishment or relocation.
Upon the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a timely protest
has been filed and shall request the appointment of an administrative
law judge under chapter 34.12 RCW to conduct a hearing. The
manufacturer shall not establish or relocate the new motor vehicle
dealer until the administrative law judge has held a hearing and has
determined that there is good cause for permitting the proposed
establishment or relocation. When more than one protest is filed
against the establishment or relocation of the same dealer, the
administrative law judge shall consolidate the hearings to expedite
disposition of the matter.
(2) If a manufacturer provides in the franchise agreement or by
written statement distributed and provided to its dealers for
arbitration under the Uniform Arbitration Act, chapter 7.04A RCW, as a
mechanism for resolving disputes relating to the establishment of an
additional new motor vehicle dealer or the relocation of a new motor
vehicle dealer, then the provisions of this section and RCW 46.96.170
relating to hearings by an administrative law judge do not apply, and
a dispute regarding the establishment of an additional new motor
vehicle dealer or the relocation of an existing new motor vehicle
dealer shall be determined in an arbitration proceeding conducted in
accordance with the Uniform Arbitration Act, chapter 7.04A RCW. The
thirty-day period for filing a protest under this section still applies
except that the protesting dealer shall file his or her protest with
the manufacturer within thirty days after receipt of the notice under
RCW 46.96.140.
(3) The dispute shall be referred for arbitration to such
arbitrator as may be agreed upon by the parties to the dispute. If the
parties cannot agree upon a single arbitrator within thirty days from
the date the protest is filed, the protesting dealer will select an
arbitrator, the manufacturer will select an arbitrator, and the two
arbitrators will then select a third. If a third arbitrator is not
agreed upon within thirty days, any party may apply to the superior
court, and the judge of the superior court having jurisdiction will
appoint the third arbitrator. The protesting dealer will pay the
arbitrator selected by him or her, and the manufacturer will pay the
arbitrator it selected. The expense of the third arbitrator and all
other expenses of arbitration will be shared equally by the parties.
Attorneys' fees and fees paid to expert witnesses are not expenses of
arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written statement
of the manufacturer and notwithstanding the terms of a waiver, the
arbitration will take place in the state of Washington in the county
where the protesting dealer has his or her principal place of business.
RCW 46.96.160 applies to a determination made by the arbitrator or
arbitrators in determining whether good cause exists for permitting the
proposed establishment or relocation of a new motor vehicle dealer, and
the manufacturer has the burden of proof to establish that good cause
exists for permitting the proposed establishment or relocation. After
a hearing has been held, the arbitrator or arbitrators shall render a
decision as expeditiously as possible, but in any event not later than
one hundred twenty days from the date the arbitrator or arbitrators are
selected or appointed. The manufacturer shall not establish or
relocate the new motor vehicle dealer until the arbitration hearing has
been held and the arbitrator or arbitrators have determined that there
is good cause for permitting the proposed establishment or relocation.
The written decision of the arbitrator is binding upon the parties
unless modified, corrected, or vacated under the Washington Arbitration
Act. Any party may appeal the decision of the arbitrator under the
Uniform Arbitration Act, chapter 7.04A RCW.
(5) If the franchise agreement or the manufacturer's written
statement distributed and provided to its dealers does not provide for
arbitration under the Uniform Arbitration Act as a mechanism for
resolving disputes relating to the establishment of an additional new
motor vehicle dealer or the relocation of a new motor vehicle dealer,
then the hearing provisions of this section and RCW 46.96.170 apply.
Nothing in this section is intended to preclude a new motor vehicle
dealer from electing to use any other dispute resolution mechanism
offered by a manufacturer.
Sec. 10001 RCW 47.01.070 and 1977 ex.s. c 151 s 27 are each
amended to read as follows:
In all situations wherein the director of highways, the director of
aeronautics, or any one of their designees, or any member of the
highway commission, the toll bridge authority, the aeronautics
commission, or the canal commission, or any one of their designees was
on September 21, 1977, designated or serving as a member of any board,
commission, committee, or authority, the ((chairman)) chair of the
transportation commission or the ((chairman)) chair's designee who
shall be an employee of the department of transportation, shall
hereafter determine who shall serve as such member.
Sec. 10002 RCW 47.10.150 and 1961 c 13 s 47.10.150 are each
amended to read as follows:
Increased construction costs for highway and bridge construction
since the enactment of a highway bond issue by the 1951 legislature
makes necessary additional money with which to complete the sections of
primary state highway No. 1 planned from funds allocated under RCW
47.10.010 through 47.10.140 and it is vital to the economy of the state
and the safety of the traffic that these sections shall be completed to
relieve traffic congestions, to add capacity in event of war, and to
presently insure greater safety to highway users; the rapid increase of
traffic across Snoqualmie Pass necessitates continued improvement of
primary state highway No. 2 to provide four-lane paving contiguous to
Snoqualmie Pass as the funds will permit; the rapid increase of traffic
and the facilitation of movement of military forces and equipment from
the military centers of the state makes imperative the construction of
a highway from primary state highway No. 2 beginning approximately four
miles west of North Bend thence southwesterly by the most feasible
route by the way of Auburn to a junction with primary state highway No.
1 in the vicinity of Milton; said highway to follow approximately the
route surveyed by the director of highways and covered in the report
filed by him or her with the 1951 legislature commonly known as the
"Echo Lake Route," as the funds provided for herein will permit; the
construction of secondary state highways in to the Columbia Basin area
is immediately necessary to provide needed state arterial highways for
the irrigated lands of the Columbia Basin areas to market centers and
thereby encourage the full development of the basin project. The
construction of such projects is required in the interest of the public
safety and for the orderly development of the state. The threat of war
makes acceleration of construction a vital necessity at this time.
Sec. 10003 RCW 47.12.023 and 1984 c 7 s 115 are each amended to
read as follows:
(1) Except as provided in RCW 47.12.026 and 47.12.029, whenever it
is necessary to secure any lands or interests in lands for any highway
purpose mentioned in RCW 47.12.010, or for the construction of any toll
facility or ferry terminal or docking facility, the title to which is
in the state of Washington and under the jurisdiction of the department
of natural resources, the department of transportation may acquire
jurisdiction over the lands or interests in lands, or acquire rights to
remove materials from the lands in the manner set forth in this
section.
(2) At any time after the final adoption of a right-of-way plan or
other plan requiring the acquisition of lands or interests in lands for
any purpose as authorized in subsection (1) of this section, the
department of transportation may file with the department of natural
resources a notice setting forth its intent to acquire jurisdiction of
the lands or interests in lands under the jurisdiction of the
department of natural resources required for right-of-way or other
highway purposes related to the construction or improvement of such
state highway, toll facility, or ferry terminal or docking facility.
(3) The department of transportation at the time of filing its
notice of intent as provided in subsection (2) of this section shall
file therewith a written statement showing the total amount of just
compensation to be paid for the property in the event of settlement.
The offer shall be based upon the department of transportation approved
appraisal of the fair market value of the property to be acquired. In
no event may the offer of settlement be referred to or used during any
arbitration proceeding or trial conducted for the purpose of
determining the amount of just compensation.
(4) Just compensation and/or fair market value for the purposes of
this section shall be determined in accordance with applicable federal
and state constitutional, statutory, and case law relating to the
condemnation of private and public property for public purposes.
(5) If the department of natural resources does not accept the
offer of the department of transportation, the department of
transportation may nonetheless pay to the department of natural
resources the amount of its offer and obtain immediate possession and
use of the property pending the determination of just compensation in
the manner hereinafter provided.
(6) If the amount of just compensation is not agreed to, either the
department of natural resources or the department of transportation may
request in writing the appointment of an arbitrator for the purpose of
determining the amount of compensation to be paid by the department of
transportation for the acquisition of jurisdiction over the lands or
interests in lands or rights therein. In that event the department of
natural resources and the department of transportation may jointly
agree on an arbitrator to determine the compensation, and his or her
determination shall be final and conclusive upon both departments. The
costs of the arbitrator shall be borne equally by the parties. If the
department of natural resources and the department of transportation
are unable to agree on the selection of an arbitrator within thirty
days after a request therefor is made, either the department of
transportation or the department of natural resources may file a
petition with the superior court for Thurston county for the purpose of
determining the amount of just compensation to be paid. The matter
shall be tried by the court pursuant to the procedures set forth in RCW
8.04.080.
(7) Whenever the department of transportation has acquired
immediate possession and use of property by payment of the amount of
its offer to the department of natural resources, and the arbitration
award or judgment of the court for the acquisition exceeds the payment
for immediate possession and use, the department of transportation
shall forthwith pay the amount of such excess to the department of
natural resources with interest thereon from the date it obtained
immediate possession. If the arbitration or court award is less than
the amount previously paid by the department of transportation for
immediate possession and use, the department of natural resources shall
forthwith pay the amount of the difference to the department of
transportation.
(8) Upon the payment of just compensation, as agreed to by the
department of transportation and the department of natural resources,
or as determined by arbitration or by judgment of the court, and other
costs or fees as provided by statute, the department of natural
resources shall cause to be executed and delivered to the department of
transportation an instrument transferring jurisdiction over the lands
or interests in lands, or rights to remove material from the lands, to
the department of transportation.
(9) Except as provided in RCW 47.12.026, whenever the department of
transportation ceases to use any lands or interests in lands acquired
in the manner set forth in this section for the purposes mentioned
herein, the department of natural resources may reacquire jurisdiction
over the lands or interests in land by paying the fair market value
thereof to the department of transportation. If the two departments
are unable to agree on the fair market value of the lands or interests
in lands, the market value shall be determined and the interests
therein shall be transferred in accordance with the provisions and
procedures set forth in subsections (4) through (8) of this section.
Sec. 10004 RCW 47.12.160 and 1984 c 7 s 122 are each amended to
read as follows:
Whenever a part of a parcel of land is to be acquired for state
highway purposes and the remainder lying outside of the right-of-way is
to be left in such shape or condition as to be of little value to its
owner or to give rise to claims or litigation concerning severance or
other damage, and its value does not exceed the probable amount of the
severance claims or damages, the department may acquire by gift,
purchase, or condemnation the whole parcel and may sell that portion
lying outside of the highway right-of-way or may exchange the same for
other property needed for highway purposes. The provisions of this
section do not apply if the taking of that portion of the land lying
outside of the highway right-of-way would deprive any adjacent owner of
an existing right of ingress and egress to his or her property.
Sec. 10005 RCW 47.12.230 and 1969 ex.s. c 197 s 5 are each
amended to read as follows:
Warrants issued for payment of property and engineering costs as
provided herein shall be of a distinctive design and shall contain the
words "for purchase by the state finance committee from . . . . fund"
(indicating the proper investing fund as provided by the agreement).
Such warrants shall be approved by the secretary of the state finance
committee prior to their issuance by the state treasurer. Upon
presentation of such warrants to the state treasurer for payment, he or
she shall pay the par value thereof from the fund for which the state
finance committee agreed to purchase such warrants whether or not there
are then funds in the motor vehicle fund. The state treasurer shall
deposit such warrants in the treasury for the investing fund.
Sec. 10006 RCW 47.12.283 and 1979 ex.s. c 189 s 1 are each
amended to read as follows:
(1) Whenever the department of transportation determines that any
real property owned by the state of Washington and under the
jurisdiction of the department is no longer required for highway
purposes and that it is in the public interest to do so, the department
may, in its discretion, sell the property under RCW 47.12.063 or under
subsections (2) through (6) of this section.
(2) Whenever the department determines to sell real property under
its jurisdiction at public auction, the department shall first give
notice thereof by publication on the same day of the week for two
consecutive weeks, with the first publication at least two weeks prior
to the date of the auction, in a legal newspaper of general circulation
in the area where the property to be sold is located. The notice shall
be placed in both the legal notices section and the real estate
classified section of the newspaper. The notice shall contain a
description of the property, the time and place of the auction, and the
terms of the sale. The sale may be for cash or by real estate
contract.
(3) The department shall sell the property at the public auction,
in accordance with the terms set forth in the notice, to the highest
and best bidder providing the bid is equal to or higher than the
appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids are
rejected, the department may, in its discretion, enter into
negotiations for the sale of the property or may list the property with
a licensed real estate broker. No property shall be sold by
negotiations or through a broker for less than the property's appraised
fair market value. Any offer to purchase real property pursuant to
this subsection shall be in writing and may be rejected at any time
prior to written acceptance by the department.
(5) Before the department shall approve any offer for the purchase
of real property having an appraised value of more than ten thousand
dollars, pursuant to subsection (4) of this section, the department
shall first publish a notice of the proposed sale in a local newspaper
of general circulation in the area where the property is located. The
notice shall include a description of the property, the selling price,
the terms of the sale, including the price and interest rate if sold by
real estate contract, and the name and address of the department
employee or the real estate broker handling the transaction. The
notice shall further state that any person may, within ten days after
the publication of the notice, deliver to the designated state employee
or real estate broker a written offer to purchase the property for not
less than ten percent more than the negotiated sale price, subject to
the same terms and conditions. A subsequent offer shall not be
considered unless it is accompanied by a deposit of twenty percent of
the offer in the form of cash, money order, cashiers check, or
certified check payable to the Washington state treasurer, to be
forfeited to the state (for deposit in the motor vehicle fund) if the
offeror fails to complete the sale if the offeror's offer is accepted.
If a subsequent offer is received, the first offeror shall be informed
by registered or certified mail sent to the address stated in his or
her offer. The first offeror shall then have ten days, from the date
of mailing the notice of the increased offer, in which to file with the
designated state employee or real estate broker a higher offer than
that of the subsequent offeror. After the expiration of the ten-day
period, the department shall approve in writing the highest and best
offer which the department then has on file.
(6) All moneys received pursuant to this section, less any real
estate broker's commissions paid pursuant to RCW 47.12.320, shall be
deposited in the motor vehicle fund.
Sec. 10007 RCW 47.26.150 and 1988 c 167 s 17 are each amended to
read as follows:
The transportation improvement board shall meet at least once
quarterly and upon the call of its ((chairman)) chair and shall from
time to time adopt rules and regulations for its own government and as
may be necessary for it to discharge its duties and exercise its powers
under this chapter.
Sec. 10008 RCW 47.26.4254 and 1999 sp.s. c 1 s 611 are each
amended to read as follows:
(1) Any funds required to repay series III bonds authorized by RCW
47.26.420, or the interest thereon, when due shall first be taken from
that portion of the motor vehicle fund that results from the imposition
of excise taxes on motor vehicle and special fuels imposed by chapters
82.36 and 82.38 RCW and that is distributed to the urban arterial trust
account in the motor vehicle fund pursuant to RCW 46.68.090(((1)(g)))
(2)(e), subject, however, to the prior lien of the first authorization
of bonds authorized by RCW 47.26.420. If the moneys so distributed to
the urban arterial trust account, after first being applied to
administrative expenses of the transportation improvement board and to
the requirements of bond retirement and payment of interest on first
authorization bonds and series II bonds as provided in RCW 47.26.425
and 47.26.4252, are insufficient to meet the requirements for bond
retirement or interest on any series III bonds, the amount required to
make such payments on series III bonds or interest thereon shall next
be taken from that portion of the motor vehicle fund that results from
the imposition of excise taxes on motor vehicle and special fuels and
that is distributed to the state, counties, cities, and towns pursuant
to RCW 46.68.090, subject, however, to subsection (2) of this section.
(2) To the extent that moneys so distributed to the urban arterial
trust account are insufficient to meet the requirements for bond
retirement or interest on any series III bonds, sixty percent of the
amount required to make such payments when due shall first be taken
from that portion of the motor vehicle fund that results from the
imposition of excise taxes on motor vehicle and special fuels and that
is distributed to the state. The remaining forty percent shall first
be taken from that portion of the motor vehicle fund that results from
the imposition of excise taxes on motor vehicle and special fuels and
that is distributed to the cities and towns pursuant to RCW
46.68.090(((1)(i))) (2)(g) and to the counties pursuant to RCW
46.68.090(((1)(j))) (2)(h). Of the counties', cities', and towns'
share of any additional amounts required in each fiscal year, the
percentage thereof to be taken from the counties' distributive share
and from the cities' and towns' distributive share shall correspond to
the percentage of funds authorized for specific county projects and for
specific city and town projects, respectively, from the proceeds of
series III bonds, for the period through the first eleven months of the
prior fiscal year as determined by the ((chairman)) chair of the
transportation improvement board and reported to the state finance
committee and the state treasurer not later than the first working day
of June.
(3) Any payments on such bonds or interest thereon taken from motor
vehicle or special fuel tax revenues that are distributable to the
state, counties, cities, and towns shall be repaid from the first
moneys distributed to the urban arterial trust account not required for
redemption of the first authorization bonds, series II bonds, or series
III bonds or interest on these bonds.
Sec. 10009 RCW 47.28.080 and 1985 c 242 s 2 are each amended to
read as follows:
Any person, firm, or corporation proposing a bid for the
construction or improvement of any state highway in response to a call
for bids published therefor may withdraw the bid proposal without
forfeiture and without prejudice to the right of the bidder to file a
new bid proposal before the time fixed for the opening of the bid
proposals. The request for the withdrawal shall be made in writing,
signed by the person proposing the bid or his or her duly authorized
agent, and filed at the place and before the time fixed in the call for
bids for receipt of the bid proposals. No bid proposal may be
considered that has not been filed with the department before the time
fixed for the receipt of bid proposals. In any provisions regarding
the filing or withdrawing of bid proposals the time fixed for the
receipt of bid proposals in the call for bid proposals as published
shall control without regard for the time when the bid proposals are
actually opened.
Sec. 10010 RCW 47.32.060 and 1988 c 202 s 45 are each amended to
read as follows:
At the time and place appointed for hearing upon the complaint,
which hearing shall be by summary proceedings, if the court or judge
thereof finds that due notice has been given by posting and publication
and that the order of the department was duly made, and is further
satisfied and finds that the state highway or portion thereof described
is legally a state highway having the width of right-of-way specified
in the order and that the structure, buildings, improvements, or other
means of occupancy of the state highway or portion thereof as stated in
the certificate of the department do in fact encroach, or that any
portion thereof encroach, upon the state highway right-of-way, the
court or judge thereof shall thereupon make and enter an order
establishing that each of the structures, buildings, improvements, and
other means of occupancy specified in the order is unlawfully
maintained within the right-of-way and is subject to confiscation and
sale and that they be forthwith confiscated, removed from the right-of-way, and sold, and providing that six days after the entry of the
order, a writ shall issue from the court directed to the sheriff of the
county, commanding the sheriff to seize and remove from the right-of-way of the state highway each such structure, building, improvement, or
other means of occupancy specified in the order forthwith on receipt of
a writ based on the order and to take and hold the property in his or
her custody for a period of ten days, unless redelivered earlier as
provided for by law, and if not then so redelivered to sell the
property at public or private sale and to pay the proceeds thereof into
the registry of the court within sixty days after the issuance of the
writ, and further in such action, including costs of posting original
notices of the department, the costs of posting and publishing notices
of hearing as part thereof and any cost of removal, be paid by the
clerk to the state treasurer and credited to the motor vehicle fund.
The order shall be filed with the clerk of the court and recorded in
the minutes of the court, and is final unless appellate review thereof
is sought within five days after filing of the order.
Sec. 10011 RCW 47.32.070 and 1971 c 81 s 115 are each amended to
read as follows:
Six days after filing of the order above provided for, if no review
thereof be taken to the supreme court or the court of appeals of the
state, the clerk of the court shall issue under seal of such court a
writ directed to the sheriff of the county in which such court is held
commanding him or her to remove, take into custody and dispose of the
property described in such order and make returns thereof as provided
for such writ by said order. On receipt of such writ it shall be the
duty of such sheriff to obey the command thereof, proceed as therein
directed and make return within the time fixed by such writ; and said
sheriff shall be liable upon his or her official bond for the faithful
discharge of such duties. Upon filing of such return the clerk of
court shall make payments as provided for in the order of court. If by
the sheriff's return any of the property seized and removed pursuant to
such writ is returned as unsold and as of no sale value, and if the
court or judge thereof be satisfied that such is the fact, the court or
judge thereof may make further order directing the destruction of such
property, otherwise directing the sheriff to give new notice and again
offer the same for sale, when, if not sold, the same may on order of
court be destroyed.
Sec. 10012 RCW 47.32.090 and 1961 c 13 s 47.32.090 are each
amended to read as follows:
The sureties on such bond shall justify as in other cases if the
sheriff requires it and in case they do not so justify when required,
the sheriff shall retain and sell or dispose of the property; and if
the sheriff does not require the sureties to justify, he or she shall
stand good for their sufficiency. He or she shall date and indorse his
or her acceptance upon the bond, and shall return the affidavit, bond
and justification, if any, to the office of the clerk of such superior
court, whereupon such clerk shall set the hearing thereof as a separate
case for trial, in which such claimant shall be the plaintiff and the
sheriff and the state of Washington defendants: PROVIDED, That no
costs shall, in such case, be assessed against the sheriff or the state
of Washington in the event the plaintiff should prevail.
Sec. 10013 RCW 47.36.110 and 1984 c 7 s 199 are each amended to
read as follows:
In order to provide safety at intersections on the state highway
system, the department may require persons traveling upon any portion
of such highway to stop before entering the intersection. For this
purpose there may be erected a standard stop sign as prescribed in the
state department of transportation's "Manual on Uniform Traffic Control
Devices for Streets and Highways." All persons traveling upon the
highway shall come to a complete stop at such a sign, and the
appearance of any sign so located is sufficient warning to a person
that he or she is required to stop. A person stopping at such a sign
shall proceed through that portion of the highway in a careful manner
and at a reasonable rate of speed not to exceed twenty miles per hour.
It is unlawful to fail to comply with the directions of any such stop
sign. When the findings of a traffic engineering study show that the
condition of an intersection is such that vehicles may safely enter the
major artery without stopping, the department or local authorities in
their respective jurisdictions shall install and maintain a "Yield"
sign.
Sec. 10014 RCW 47.36.200 and 2006 c 331 s 1 are each amended to
read as follows:
(1) When construction, repair, or maintenance work is conducted on
or adjacent to a public highway, county road, street, bridge, or other
thoroughfare commonly traveled and when the work interferes with the
normal and established mode of travel on the highway, county road,
street, bridge, or thoroughfare, the location shall be properly posted
by prominently displayed signs or ((flagmen)) flaggers or both. Signs
used for posting in such an area shall be consistent with the
provisions found in the state of Washington "Manual on Uniform Traffic
Control Devices for Streets and Highways" obtainable from the
department of transportation.
(2) If the construction, repair, or maintenance work includes or
uses grooved pavement, abrupt lane edges, steel plates, or gravel or
earth surfaces, the construction, repair, or maintenance zone must be
posted with signs stating the condition, as required by current law,
and in addition, must warn motorcyclists of the potential hazard only
if the hazard or condition exists on a paved public highway, county
road, street, bridge, or other thoroughfare commonly traveled. For the
purposes of this subsection, the department shall adopt by rule a
uniform sign or signs for this purpose, including at least the
following language, "MOTORCYCLES USE EXTREME CAUTION."
(3) Any contractor, firm, corporation, political subdivision, or
other agency performing such work shall comply with this section.
(4) Each driver of a motor vehicle used in connection with such
construction, repair, or maintenance work shall obey traffic signs
posted for, and flaggers stationed at such location in the same manner
and under the same restrictions as is required for the driver of any
other vehicle.
(5) A violation of or a failure to comply with this section is a
misdemeanor. Each day upon which there is a violation, or there is a
failure to comply, constitutes a separate violation.
Sec. 10015 RCW 47.41.040 and 1984 c 7 s 218 are each amended to
read as follows:
Before July 1, 1971, the department shall determine whether or not
the topography of the land adjoining the highway will permit adequate
screening of any junkyard lawfully in existence located outside of a
zoned industrial area or an unzoned industrial area as defined under
RCW 47.41.030 on August 9, 1971, that is within one thousand feet of
the nearest edge of the right-of-way and visible from the main traveled
way of any highway on the interstate and primary system and whether
screening of the junkyard would be economically feasible. Within
thirty days thereafter the department shall notify by certified mail
the record owner of the land upon which the junkyard is located, or the
operator thereof, of its determination.
If it is economically feasible to screen the junkyard, the
department shall screen the junkyard so that it will not be visible
from the main-traveled way of the highway. The department is
authorized to acquire by gift, purchase, exchange, or condemnation such
lands or interest in lands as may be required for these purposes.
If it is not economically feasible to screen the junkyard, the
department shall acquire by purchase, gift, or condemnation an interest
in the real property used for junkyard purposes that is visible from
the main traveled way of the highway, restricting any owner of the
remaining interest to use of the real estate for purposes other than a
junkyard. In addition to compensation for the real property interest,
the operator of a junkyard shall receive the actual reasonable expenses
in moving his or her business personal property to a location within
the same general area where a junkyard may be lawfully established,
operated, and maintained. This section shall be interpreted as being
in addition to all other rights and remedies of a junkyard owner or
operator and shall not be interpreted as a limitation on or alteration
of the law of compensation in eminent domain.
Sec. 10016 RCW 47.42.080 and 1985 c 376 s 6 are each amended to
read as follows:
(1) Any sign erected or maintained contrary to the provisions of
this chapter or rules adopted hereunder that is designed to be viewed
from the interstate system, the primary system, or the scenic system is
a public nuisance, and the department, the chief of the Washington
state patrol, the county sheriff, or the chief of police of any city or
town shall notify the permittee or, if there is no permittee, the owner
of the property on which the sign is located, by certified mail at his
or her last known address, that it constitutes a public nuisance and
must comply with the chapter or be removed.
(2) If the permittee or owner, as the case may be, fails to comply
with the chapter or remove any such sign within fifteen days after
being notified to remove the sign he or she is guilty of a misdemeanor.
In addition to the penalties imposed by law upon conviction, an order
may be entered compelling removal of the sign. Each day the sign is
maintained constitutes a separate offense.
(3) If the permittee or the owner of the property upon which it is
located, as the case may be, is not found or refuses receipt of the
notice, the department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town shall post
the sign and property upon which it is located with a notice that the
sign constitutes a public nuisance and must be removed. If the sign is
not removed within fifteen days after such posting, the department, the
chief of the Washington state patrol, the county sheriff, or the chief
of police of any city or town shall abate the nuisance and destroy the
sign, and for that purpose may enter upon private property without
incurring liability for doing so.
(4) Nothing in this section may be construed to affect the
provisions contained in RCW 47.42.102 requiring the payment of
compensation upon the removal of any signs compensable under state law.
(5) Any sign erected or maintained on state highway right-of-way
contrary to this chapter or rules adopted under it is a public
nuisance, and the department is authorized to remove any such sign
without notice.
Sec. 10017 RCW 47.42.103 and 1984 c 7 s 229 are each amended to
read as follows:
(1) Compensation as required by RCW 47.42.102 shall be paid to the
person or persons entitled thereto for the removal of such signs. If
no agreement is reached on the amount of compensation to be paid, the
department may institute an action by summons and complaint in the
superior court for the county in which the sign is located to obtain a
determination of the compensation to be paid. If the owner of the sign
is unknown and cannot be ascertained after diligent efforts to do so,
the department may remove the sign upon the payment of compensation
only to the owner of the real property on which the sign is located.
Thereafter the owner of the sign may file an action at any time within
one year after the removal of the sign to obtain a determination of the
amount of compensation he or she should receive for the loss of the
sign. If either the owner of the sign or the owner of the real
property on which the sign is located cannot be found within the state,
service of the summons and complaint on such person for the purpose of
obtaining a determination of the amount of compensation to be paid may
be by publication in the manner provided by RCW 4.28.100.
(2) If compensation is determined by judicial proceedings, the sum
so determined shall be paid into the registry of the court to be
disbursed upon removal of the sign by its owner or by the owner of the
real property on which the sign is located. If the amount of
compensation is agreed upon, the department may pay the agreed sum into
escrow to be released upon the removal of the sign by its owner or the
owner of the real property on which the sign is located.
(3) The state's share of compensation shall be paid from the motor
vehicle fund, or if a court having jurisdiction enters a final judgment
declaring that motor vehicle funds may not be used, then from the
general fund.
Sec. 10018 RCW 47.52.150 and 1977 ex.s. c 151 s 64 are each
amended to read as follows:
Upon request for a hearing before the board by any county, city, or
town, a board consisting of five members shall be appointed as follows:
The mayor or the county commissioners, as the case may be shall appoint
two members of the board, of which one shall be a duly elected official
of the city, county, or legislative district, except that of the
legislative body of the county, city, or town requesting the hearing,
subject to confirmation by the legislative body of the city or town;
the secretary of transportation shall appoint two members of the board;
and one member shall be selected by the four members thus appointed.
Such fifth member shall be a licensed civil engineer or a recognized
professional city or town planner, who shall be ((chairman)) chair of
the board. In the case both the county and an included city or town
request a hearing, the board shall consist of nine members appointed as
follows: The mayor and the county commission shall each appoint two
members from the elective officials of their respective jurisdictions,
and of the four thus selected no more than two thereof may be members
of a legislative body of the county, city, or town. The secretary of
transportation shall appoint four members of the board. One member
shall be selected by the members thus selected, and such ninth member
shall be a licensed civil engineer or a recognized city or town
planner, who shall be ((chairman)) chair of the board. Such boards as
are provided by this section shall be appointed within thirty days
after the receipt of such a request by the secretary. In the event the
secretary or a county, city, or town shall not appoint members of the
board or members thus appointed fail to appoint a fifth or ninth member
of the board, as the case may be, either the secretary or the county,
city, or town may apply to the superior court of the county in which
the county, city, or town is situated to appoint the member or members
of the board in accordance with the provisions of this chapter.
Sec. 10019 RCW 47.52.170 and 1961 c 13 s 47.52.170 are each
amended to read as follows:
No witness's testimony shall be received unless he or she shall
have been duly sworn, and the board may cause all oral testimony to be
stenographically reported. Members of the board, its duly authorized
representatives, and all persons duly commissioned by it for the
purpose of taking depositions, shall have power to administer oaths; to
preserve and enforce order during such hearings; to issue subpoenas
for, and to compel the attendance and testimony of witnesses, or the
production of books, papers, documents and other evidence, or the
taking of depositions before any designated individual competent to
administer oaths, and it shall be their duty so to do; to examine
witnesses; and to do all things conformable to law which may be
necessary to enable them, or any of them, effectively to discharge the
duties of their office.
Sec. 10020 RCW 47.60.310 and 1988 c 100 s 1 are each amended to
read as follows:
(1) The department is further directed to conduct such review by
soliciting and obtaining expressions from local community groups in
order to be properly informed as to problems being experienced within
the area served by the Washington state ferries. In order that local
representation may be established, the department shall give prior
notice of the review to the ferry advisory committees.
(2) The legislative authorities of San Juan, Skagit, Clallam, and
Jefferson counties shall each appoint a committee to consist of five
members to serve as an advisory committee to the department or its
designated representative in such review. The legislative authorities
of other counties that contain ferry terminals shall appoint ferry
advisory committees consisting of three members for each terminal area
in each county, except for Vashon Island, which shall have one
committee, and its members shall be appointed by the Vashon/Maury
Island community council. At least one person appointed to each ferry
advisory committee shall be representative of an established ferry user
group or of frequent users of the ferry system. Each member shall
reside in the vicinity of the terminal that the advisory committee
represents.
(3) The members of the San Juan, Clallam, and Jefferson county
ferry advisory committees shall be appointed for four-year terms. The
initial terms shall commence on July 1, 1982, and end on June 30, 1986.
Any vacancy shall be filled for the remainder of the unexpired term by
the appointing authority. At least one person appointed to the
advisory committee shall be representative of an established ferry-user
group or of frequent users of the ferry system, at least one shall be
representative of persons or firms using or depending upon the ferry
system for commerce, and one member shall be representative of a local
government planning body or its staff. Every member shall be a
resident of the county upon whose advisory committee he or she sits,
and not more than three members shall at the time of their appointment
be members of the same major political party.
(4) The members of each terminal area committee shall be appointed
for four-year terms. The initial terms of the members of each terminal
area committee shall be staggered as follows: All terms shall commence
September 1, 1988, with one member's term expiring August 31, 1990, one
member's term expiring August 31, 1991, and the remaining member's term
expiring August 31, 1992. Any vacancy shall be filled for the
remainder of the unexpired term by the appointing authority. Not more
than two members of any terminal-area committee may be from the same
political party at the time of their appointment, and in a county
having more than one committee, the overall party representation shall
be as nearly equal as possible.
(5) The ((chairmen)) chair of the several committees constitute an
executive committee of the Washington state ferry users. The executive
committee shall meet twice each year with representatives of the marine
division of the department to review ferry system issues.
(6) The committees to be appointed by the county legislative
authorities shall serve without fee or compensation.
Sec. 10021 RCW 47.64.130 and 2006 c 164 s 4 are each amended to
read as follows:
(1) It is an unfair labor practice for the employer or its
representatives:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or administration
of any employee organization or contribute financial or other support
to it. However, subject to rules made by the commission pursuant to
RCW 47.64.280, an employer shall not be prohibited from permitting
employees to confer with it or its representatives or agents during
working hours without loss of time or pay;
(c) To encourage or discourage membership in any employee
organization by discrimination in regard to hiring, tenure of
employment, or any term or condition of employment, but nothing
contained in this subsection prevents an employer from requiring, as a
condition of continued employment, payment of periodic dues and fees
uniformly required to an exclusive bargaining representative pursuant
to RCW 47.64.160. However, nothing prohibits the employer from
agreeing to obtain employees by referral from a lawful hiring hall
operated by or participated in by a labor organization;
(d) To discharge or otherwise discriminate against an employee
because he or she has filed charges or given testimony under this
chapter;
(e) To refuse to bargain collectively with the representatives of
its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce (i) employees in the exercise of the
rights guaranteed by this chapter. However, this subsection does not
impair the right of an employee organization to prescribe its own rules
with respect to the acquisition or retention of membership therein, or
(ii) an employer in the selection of his or her representatives for the
purposes of collective bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate
against an employee in violation of subsection (1)(c) of this section;
(c) To refuse to bargain collectively with an employer.
(3) The expression of any view, argument, or opinion, or the
dissemination thereof to the public, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence of an
unfair labor practice under any of the provisions of this chapter, if
the expression contains no threat of reprisal or force or promise of
benefit.
Sec. 10022 RCW 47.64.250 and 1983 c 15 s 16 are each amended to
read as follows:
(1) Any ferry employee organization and the department of
transportation may sue or be sued as an entity under this chapter.
Service upon any party shall be in accordance with law or the rules of
civil procedure. Nothing in this chapter may be construed to make any
individual or his or her assets liable for any judgment against the
department of transportation or a ferry employee organization if the
individual was acting in his or her official capacity.
(2) Any legal action by any ferry employee organization or the
department of transportation under this chapter shall be filed in
Thurston county superior court within ten days of when the cause of
action arose. The court shall consider those actions on a priority
basis and determine the merits of the actions within thirty days of
filing.
Sec. 10023 RCW 47.68.330 and 1983 c 3 s 146 are each amended to
read as follows:
The department is authorized to report to the appropriate federal
agencies and agencies of other states all proceedings instituted
charging violation of RCW 47.68.220 and 47.68.230 and all penalties, of
which it has knowledge, imposed upon airmen or airwomen or the owners
or operators of aircraft for violations of the law of this state
relating to aeronautics or for violations of the rules, regulations, or
orders of the department. The department is authorized to receive
reports of penalties and other data from agencies of the federal
government and other states and, when necessary, to enter into
agreements with federal agencies and the agencies of other states
governing the delivery, receipt, exchange, and use of reports and data.
The department may make the reports and data of the federal agencies,
the agencies of other states, and the courts of this state available,
with or without request therefor, to any and all courts of this state.
Sec. 10024 RCW 47.68.340 and 1995 c 153 s 2 are each amended to
read as follows:
A structure or obstacle that obstructs the air space above ground
or water level, when determined by the department after a hearing to be
a hazard or potential hazard to the safe flight of aircraft, shall be
plainly marked, illuminated, painted, lighted, or designated in a
manner to be approved in accordance with the general rules of the
department so that the structure or obstacle will be clearly visible to
airmen or airwomen. In determining which structures or obstacles
constitute a safety hazard, or a hazard to flight, the department shall
take into account those obstacles located at a river, lake, or canyon
crossing, and in other low-altitude flight paths usually traveled by
aircraft including, but not limited to, airport areas and runway
departure and approach areas as defined by federal air regulations.
Sec. 11001 RCW 48.08.090 and 2009 c 549 s 7029 are each amended
to read as follows:
(1) This section shall apply to all domestic stock insurers except:
(a) A domestic stock insurer having less than one hundred
stockholders; except, that if ninety-five percent or more of the
insurer's stock is owned or controlled by a parent or affiliated
insurer, this section shall not apply to such insurer unless its
remaining shares are held by five hundred or more stockholders.
(b) Domestic stock insurers which file with the Securities and
Exchange Commission forms of proxies, consents and authorizations
pursuant to the Securities and Exchange Act of 1934, as amended.
(2) Every such insurer shall seasonably furnish its stockholders in
advance of stockholder meetings, information in writing reasonably
adequate to inform them relative to all matters to be presented by the
insurer's management for consideration of stockholders at such meeting.
(3) No person shall solicit a proxy, consent, or authorization in
respect of any stock of such an insurer unless he or she furnishes the
person so solicited with written information reasonably adequate as to
(a) The material matters in regard to which the powers so solicited
are proposed to be used, and
(b) The person or persons on whose behalf the solicitation is made,
and the interest of such person or persons in relation to such matters.
(4) No person shall so furnish to another, information which the
informer knows or has reason to believe, is false or misleading as to
any material fact, or which fails to state any material fact reasonably
necessary to prevent any other statement made from being misleading.
(5) The form of all such proxies shall:
(a) Conspicuously state on whose behalf the proxy is solicited;
(b) Provide for dating the proxy;
(c) Impartially identify each matter or group of related matters
intended to be acted upon;
(d) Provide means for the principal to instruct the vote of his or
her shares as to approval or disapproval of each matter or group, other
than election to office; and
(e) Be legibly printed, with context suitably organized.
Except, that a proxy may confer discretionary authority as to
matters as to which choice is not specified pursuant to ((item)) (d)((,
above)) of this subsection, if the form conspicuously states how it is
intended to vote the proxy or authorization in each such case; and may
confer discretionary authority as to other matters which may come
before the meeting but unknown for a reasonable time prior to the
solicitation by the persons on whose behalf the solicitation is made.
(6) No proxy shall confer authority (a) to vote for election of any
person to any office for which a bona fide nominee is not named in the
proxy statement, or (b) to vote at any annual meeting (or adjournment
thereof) other than the annual meeting next following the date on which
the proxy statement and form were furnished stockholders.
(7) The commissioner shall have authority to make and promulgate
reasonable rules and regulations for the effectuation of this section,
and in so doing shall give due consideration to rules and regulations
promulgated for similar purposes by the insurance supervisory officials
of other states.
Sec. 11002 RCW 48.08.130 and 2009 c 549 s 7033 are each amended
to read as follows:
It shall be unlawful for any such beneficial owner, director or
officer, directly or indirectly, to sell any equity security of such
insurer if the person selling the security or his or her principal (1)
does not own the security sold, or (2) if owning the security, does not
deliver it against such sale within twenty days thereafter, or does not
within five days after such sale deposit it in the mails or other usual
channels of transportation: PROVIDED, That no person shall be deemed
to have violated this section if he or she proves that notwithstanding
the exercise of good faith he or she was unable to make such delivery
or deposit within such time, or that to do so would cause undue
inconvenience or expense.
Sec. 11003 RCW 48.18A.060 and 2008 c 217 s 20 are each amended to
read as follows:
No person shall be or act as an insurance producer for the
solicitation or sale of variable contracts except while duly appointed
and licensed under the insurance code as a variable life and variable
annuity products insurance producer with respect to the insurer, and
while duly licensed as a security ((salesman)) salesperson or
securities broker under a license issued by the director of financial
institutions pursuant to the securities act of this state; except that
any person who participates only in the sale or offering for sale of
variable contracts which fund corporate plans meeting the requirements
for qualification under sections 401 or 403 of the United States
internal revenue code need not be licensed pursuant to the securities
act of this state.
Sec. 11004 RCW 48.30.120 and 2009 c 549 s 7119 are each amended
to read as follows:
No director, officer, agent, attorney-in-fact, or employee of an
insurer shall:
(1) Knowingly receive or possess himself or herself of any of its
property, otherwise than in payment for a just demand, and with intent
to defraud, omit to make or to cause or direct to be made, a full and
true entry thereof in its books and accounts; nor
(2) Make or concur in making any false entry, or concur in omitting
to make any material entry, in its books or accounts; nor
(3) Knowingly concur in making or publishing any written report,
exhibit or statement of its affairs or pecuniary condition containing
any material statement which is false, or omit or concur in omitting
any statement required by law to be contained therein; nor
(4) Having the custody or control of its books, willfully fail to
make any proper entry in the books of the insurer as required by law,
or to exhibit or allow the same to be inspected and extracts to be
taken therefrom by any person entitled by law to inspect the same, or
take extracts therefrom; nor
(5) If a notice of an application for an injunction or other legal
process affecting or involving the property or business of the insurer
is served upon him or her, fail to disclose the fact of such service
and the time and place of such application to the other directors,
officers, and managers thereof; nor
(6) Fail to make any report or statement lawfully required by a
public officer.
Sec. 11005 RCW 48.34.100 and 2009 c 549 s 7143 are each amended
to read as follows:
(1) All policies, certificates of insurance, notices of proposed
insurance, applications for insurance, endorsements, and riders
delivered or issued for delivery in this state and the schedules of
premium rates pertaining thereto shall be filed with the commissioner.
(2) No such policies, certificates of insurance, notices of
proposed insurance, applications for insurance, endorsements, or riders
shall be used in this state until approved by the commissioner pursuant
to RCW 48.18.100 and 48.18.110. In addition to any grounds for
disapproval provided therein, the form shall be disapproved both as to
credit life and credit accident and health insurance if the benefits
provided therein are not reasonable in relation to the premium charged.
(3) If a group policy of credit life insurance or credit accident
and health insurance has been delivered in this state before midnight,
June 7, 1961, on the first anniversary date following such time the
terms of the policy as they apply to persons newly insured thereafter
shall be rewritten to conform with the provisions of this chapter.
(4) If a group policy has been or is delivered in another state
before or after August 11, 1969, the forms to be filed by the insurer
with the commissioner are the group certificates and notices of
proposed insurance delivered or issued for delivery in this state. He
or she shall approve them if:
(a) They provide the information that would be required if the
group policy was delivered in this state; and
(b) The applicable premium rates or charges do not exceed those
established by his or her rules or regulations.
Sec. 11006 RCW 48.56.110 and 2009 c 549 s 7158 are each amended
to read as follows:
(1) When a premium finance agreement contains a power of attorney
enabling the premium finance company to cancel any insurance contract
or contracts listed in the agreement, the insurance contract or
contracts shall not be canceled by the premium finance company unless
such cancellation is effectuated in accordance with this section.
(2) Not less than ten days' written notice shall be mailed to the
insured of the intent of the premium finance company to cancel the
insurance contract unless the default is cured within such ten-day
period.
(3) After expiration of such ten-day period, the premium finance
company may thereafter request in the name of the insured, cancellation
of such insurance contract or contracts by mailing to the insurer a
notice of cancellation, and the insurance contract shall be canceled as
if such notice of cancellation had been submitted by the insured
himself or herself, but without requiring the return of the insurance
contract or contracts. The premium finance company shall also mail a
notice of cancellation to the insured at his or her last known address.
(4) All statutory, regulatory, and contractual restrictions
providing that the insurance contract may not be canceled unless notice
is given to a governmental agency, mortgagee, or other third party
shall apply where cancellation is effected under the provisions of this
section. The insurer shall give the prescribed notice in behalf of
itself or the insured to any governmental agency, mortgagee, or other
third party on or before the second business day after the day it
receives the notice of cancellation from the premium finance company
and shall determine the effective date of cancellation taking into
consideration the number of days notice required to complete the
cancellation.
Sec. 11007 RCW 48.64.130 and 2009 c 314 s 14 are each amended to
read as follows:
(1) Any person who files reports or furnishes other information
required under this title, required by the state risk manager under the
authority granted under this title, or which is useful to the state
risk manager in the administration of this title, is immune from
liability in any civil action or suit arising from the filing of any
such report or furnishing such information to the state risk manager,
unless actual malice, fraud, or bad faith is shown.
(2) The state risk manager and his or her agents and employees are
immune from liability in any civil action or suit arising from the
publication of any report or bulletins or arising from dissemination of
information related to the official activities of the state risk
manager unless actual malice, fraud, or bad faith is shown.
(3) The immunity granted under this section is in addition to any
common law or statutory privilege or immunity enjoyed by such person.
This section is not intended to abrogate or modify in any way such
common law or statutory privilege or immunity.
Sec. 12001 RCW 49.08.010 and 1975 1st ex.s. c 296 s 36 are each
amended to read as follows:
It shall be the duty of the ((chairman)) chair of the public
employment relations commission upon application of any employer or
employee having differences, as soon as practicable, to visit the
location of such differences and to make a careful inquiry into the
cause thereof and to advise the respective parties, what, if anything,
ought to be done or submitted to by both to adjust said dispute and
should said parties then still fail to agree to a settlement through
said ((chairman)) chair, then said ((chairman)) chair shall endeavor to
have said parties consent in writing to submit their differences to a
board of arbitrations to be chosen from citizens of the state as
follows, to wit: Said employer shall appoint one and said employees
acting through a majority, one, and these two shall select a third,
these three to constitute the board of arbitration and the findings of
said board of arbitration to be final.
Sec. 12002 RCW 49.08.020 and 1975 1st ex.s. c 296 s 37 are each
amended to read as follows:
The proceedings of said board of arbitration shall be held before
the ((chairman)) chair of the public employment relations commission
who shall act as moderator or ((chairman)) chair, without the privilege
of voting, and who shall keep a record of the proceedings, issue
subpoenas and administer oaths to the members of said board, and any
witness said board may deem necessary to summon.
Sec. 12003 RCW 49.08.050 and 1903 c 58 s 5 are each amended to
read as follows:
Upon the failure of the director of labor and industries, in any
case, to secure the creation of a board of arbitration, it shall become
his or her duty to request a sworn statement from each party to the
dispute of the facts upon which their dispute and their reasons for not
submitting the same to arbitration are based. Any sworn statement made
to the director of labor and industries under this provision shall be
for public use and shall be given publicly in such newspapers as desire
to use it.
Sec. 12004 RCW 49.12.050 and 1994 c 164 s 15 are each amended to
read as follows:
Every employer shall keep a record of the names of all employees
employed by him or her, and shall on request permit the director to
inspect such record.
Sec. 12005 RCW 49.17.020 and 1997 c 362 s 2 are each amended to
read as follows:
For the purposes of this chapter:
(1) The term "agriculture" means farming and includes, but is not
limited to:
(a) The cultivation and tillage of the soil;
(b) Dairying;
(c) The production, cultivation, growing, and harvesting of any
agricultural or horticultural commodity;
(d) The raising of livestock, bees, fur-bearing animals, or
poultry; and
(e) Any practices performed by a farmer or on a farm, incident to
or in connection with such farming operations, including but not
limited to preparation for market and delivery to:
(i) Storage;
(ii) Market; or
(iii) Carriers for transportation to market.
The term "agriculture" does not mean a farmer's processing for sale
or handling for sale a commodity or product grown or produced by a
person other than the farmer or the farmer's employees.
(2) The term "director" means the director of the department of
labor and industries, or his or her designated representative.
(3) The term "department" means the department of labor and
industries.
(4) The term "employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other business
entity which engages in any business, industry, profession, or activity
in this state and employs one or more employees or who contracts with
one or more persons, the essence of which is the personal labor of such
person or persons and includes the state, counties, cities, and all
municipal corporations, public corporations, political subdivisions of
the state, and charitable organizations: PROVIDED, That any person,
partnership, or business entity not having employees, and who is
covered by the industrial insurance act shall be considered both an
employer and an employee.
(5) The term "employee" means an employee of an employer who is
employed in the business of his or her employer whether by way of
manual labor or otherwise and every person in this state who is engaged
in the employment of or who is working under an independent contract
the essence of which is his or her personal labor for an employer under
this chapter whether by way of manual labor or otherwise.
(6) The term "person" means one or more individuals, partnerships,
associations, corporations, business trusts, legal representatives, or
any organized group of persons.
(7) The term "safety and health standard" means a standard which
requires the adoption or use of one or more practices, means, methods,
operations, or processes reasonably necessary or appropriate to provide
safe or healthful employment and places of employment.
(8) The term "work place" means any plant, yard, premises, room, or
other place where an employee or employees are employed for the
performance of labor or service over which the employer has the right
of access or control, and includes, but is not limited to, all work
places covered by industrial insurance under Title 51 RCW, as now or
hereafter amended.
(9) The term "working day" means a calendar day, except Saturdays,
Sundays, and all legal holidays as set forth in RCW 1.16.050, as now or
hereafter amended, and for the purposes of the computation of time
within which an act is to be done under the provisions of this chapter,
shall be computed by excluding the first working day and including the
last working day.
Sec. 12006 RCW 49.17.050 and 1998 c 224 s 1 are each amended to
read as follows:
In the adoption of rules and regulations under the authority of
this chapter, the director shall:
(1) Provide for the preparation, adoption, amendment, or repeal of
rules and regulations of safety and health standards governing the
conditions of employment of general and special application in all work
places;
(2) Provide for the adoption of occupational health and safety
standards which are at least as effective as those adopted or
recognized by the United States secretary of labor under the authority
of the Occupational Safety and Health Act of 1970 (Public Law 91-596;
84 Stat. 1590);
(3) Provide a method of encouraging employers and employees in
their efforts to reduce the number of safety and health hazards at
their work places and to stimulate employers and employees to institute
new and to perfect existing programs for providing safe and healthful
working conditions;
(4) Provide for the promulgation of health and safety standards and
the control of conditions in all work places concerning gases, vapors,
dust, or other airborne particles, toxic materials, or harmful physical
agents which shall set a standard which most adequately assures, to the
extent feasible, on the basis of the best available evidence, that no
employee will suffer material impairment of health or functional
capacity even if such employee has regular exposure to the hazard dealt
with by such standard for the period of his or her working life; any
such standards shall require where appropriate the use of protective
devices or equipment and for monitoring or measuring any such gases,
vapors, dust, or other airborne particles, toxic materials, or harmful
physical agents;
(5) Provide for appropriate reporting procedures by employers with
respect to such information relating to conditions of employment which
will assist in achieving the objectives of this chapter;
(6) Provide for the frequency, method, and manner of the making of
inspections of work places without advance notice; ((and,))
(7) Provide for the publication and dissemination to employers,
employees, and labor organizations and the posting where appropriate by
employers of informational, education, or training materials calculated
to aid and assist in achieving the objectives of this chapter;
(8) Provide for the establishment of new and the perfection and
expansion of existing programs for occupational safety and health
education for employers and employees, and, in addition institute
methods and procedures for the establishment of a program for voluntary
compliance solely through the use of advice and consultation with
employers and employees with recommendations including recommendations
of methods to abate violations relating to the requirements of this
chapter and all applicable safety and health standards and rules and
regulations promulgated pursuant to the authority of this chapter;
(9) Provide for the adoption of safety and health standards
requiring the use of safeguards in trenches and excavations and around
openings of hoistways, hatchways, elevators, stairways, and similar
openings;
(10) Provide for the promulgation of health and safety standards
requiring the use of safeguards for all vats, pans, trimmers, cut off,
gang edger, and other saws, planers, presses, formers, cogs, gearing,
belting, shafting, coupling, set screws, live rollers, conveyors,
mangles in laundries, and machinery of similar description, which can
be effectively guarded with due regard to the ordinary use of such
machinery and appliances and the danger to employees therefrom, and
with which the employees of any such work place may come in contact
while in the performance of their duties and prescribe methods,
practices, or processes to be followed by employers which will enhance
the health and safety of employees in the performance of their duties
when in proximity to machinery or appliances mentioned in this
subsection;
(11) Certify that no later than twenty business days prior to the
effective date of any significant legislative rule, as defined by RCW
34.05.328, a meeting of impacted parties is convened to: (a) Identify
ambiguities and problem areas in the rule; (b) coordinate education and
public relations efforts by all parties; (c) provide comments regarding
internal department training and enforcement plans; and (d) provide
comments regarding appropriate evaluation mechanisms to determine the
effectiveness of the new rule. The meeting shall include a balanced
representation of both business and labor from impacted industries,
department personnel responsible for the above subject areas, and other
agencies or key stakeholder groups as determined by the department. An
existing advisory committee may be utilized if appropriate.
Sec. 12007 RCW 49.17.060 and 1973 c 80 s 6 are each amended to
read as follows:
Each employer:
(1) Shall furnish to each of his or her employees a place of
employment free from recognized hazards that are causing or likely to
cause serious injury or death to his or her employees: PROVIDED, That
no citation or order assessing a penalty shall be issued to any
employer solely under the authority of this subsection except where no
applicable rule or regulation has been adopted by the department
covering the unsafe or unhealthful condition of employment at the work
place; and
(2) Shall comply with the rules, regulations, and orders
promulgated under this chapter.
Sec. 12008 RCW 49.17.080 and 1973 c 80 s 8 are each amended to
read as follows:
(1) Any employer may apply to the director for a temporary order
granting a variance from any safety and health standard promulgated by
rule or regulation under the authority of this chapter. Such temporary
order shall be granted only if the employer files an application which
meets the requirements of subsection (2) of this section and
establishes that the employer is unable to comply with a safety or
health standard because of the unavailability of professional or
technical personnel or of materials and equipment needed to come into
compliance with the safety and health standard or because necessary
construction or alteration of facilities cannot be completed by the
effective date of such safety and health standard, that he or she is
taking all available steps to safeguard his or her employees against
the hazards covered by the safety and health standard, and he or she
has an effective program for coming into compliance with such safety
and health standard as quickly as practicable. Any temporary order
issued under the authority of this subsection shall prescribe the
practices, means, methods, operations, and processes which the employer
must adopt and use while the order is in effect and state in detail his
or her program for coming into compliance with the safety and health
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing upon request of the employer
or any affected employee. The name of any affected employee requesting
a hearing under the provisions of this subsection shall be confidential
and shall not be disclosed without the consent of such employee. The
director may issue one interim order to be effective until a
determination is made or a decision rendered if a hearing is demanded.
No temporary order may be in effect for longer than the period needed
by the employer to achieve compliance with the standard, or one year,
whichever is shorter, except that such an order may be renewed not more
than twice, so long as the requirements of this subsection are met and
if an application for renewal is filed at least ninety days prior to
the expiration date of the order. No renewal of a temporary order may
remain in effect for longer than one hundred eighty days.
(2) An application for a temporary order under this section shall
contain:
(a) A specification of the safety and health standard or portion
thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations
from qualified persons having first hand knowledge of the facts
represented, that he or she is unable to comply with the safety and
health standard or portion thereof and a detailed statement of the
reasons therefor;
(c) A statement of the steps the employer has taken and will take,
with specific dates, to protect employees against the hazard covered by
the standard;
(d) A statement as to when the employer expects to be able to
comply with the standard or portion thereof and what steps he or she
has taken and will take, with dates specified, to come into compliance
with the standard; and
(e) A certification that the employer, by the date of mailing or
delivery of the application to the director, has informed his or her
employees of the application by providing a copy thereof to his or her
employees or their authorized representative by posting a copy of such
application in a place or places reasonably accessible to all employees
or by other appropriate means of notification and by mailing a copy to
the authorized representative of such employees; the application shall
set forth the manner in which the employees have been so informed. The
application shall also advise employees and their employee
representatives of their right to apply to the director to conduct a
hearing upon the application for a variance.
Sec. 12009 RCW 49.17.090 and 1973 c 80 s 9 are each amended to
read as follows:
Any employer may apply to the director for an order for a variance
from any rule or regulation establishing a safety and health standard
promulgated under this chapter. Affected employees shall be given
notice of each such application and in the manner prescribed by RCW
49.17.080 shall be informed of their right to request a hearing on any
such application. The director shall issue such order granting a
variance, after opportunity for an inspection, if he or she determines
or decides after a hearing has been held, if request for hearing has
been made, that the applicant for the variance has demonstrated by a
preponderance of the evidence that the conditions, practices, means,
methods, operations, or processes used or proposed to be used by such
applicant employer will provide employment and places of employment to
his or her employees which are as safe and healthful as those which
would prevail if he or she complied with the safety and health standard
or standards from which the variance is sought. The order so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which he or she
must adopt and utilize to the extent they differ from the standard in
question. At any time after six months has elapsed from the date of
the issuance of the order granting a variance upon application of an
employer, employee, or the director on his or her own motion, after
notice has been given in the manner prescribed for the issuance of such
order may modify or revoke the order granting the variance from any
standard promulgated under the authority of this chapter.
Sec. 12010 RCW 49.17.100 and 1986 c 192 s 1 are each amended to
read as follows:
A representative of the employer and an employee representative
authorized by the employees of such employer shall be given an
opportunity to accompany the director, or his or her authorized
representative, during the physical inspection of any work place for
the purpose of aiding such inspection. Where there is no authorized
employee representative, the director or his or her authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the work place. The
director may adopt procedural rules and regulations to implement the
provisions of this section: PROVIDED, That neither this section, nor
any other provision of this chapter, shall be construed to interfere
with, impede, or in any way diminish the right of employees to bargain
collectively with their employers through representatives of their own
choosing concerning wages or standards or conditions of employment
which equal or exceed those established under the authority of this
chapter.
Sec. 12011 RCW 49.17.110 and 1973 c 80 s 11 are each amended to
read as follows:
Each employee shall comply with the provisions of this chapter and
all rules, regulations, and orders issued pursuant to the authority of
this chapter which are applicable to his or her own actions and conduct
in the course of his or her employment. Any employee or representative
of employees who in good faith believes that a violation of a safety or
health standard, promulgated by rule under the authority of this
chapter exists that threatens physical harm to employees, or that an
imminent danger to such employees exists, may request an inspection of
the work place by giving notice to the director or his or her
authorized representative of such violation or danger. Any such notice
shall be reduced to writing, shall set forth with reasonable
particularity the grounds for the notice, and shall be signed by the
employee or representative of employees. A copy of the notice shall be
provided the employer or his or her agent no later than at the time of
inspection, except that, upon the request of the person giving such
notice, his or her name and the names of individual employees referred
to therein shall not appear in such copy or on any record published,
released, or made available pursuant to any provision of this chapter.
If upon receipt of such notification the director determines that there
are reasonable grounds to believe that such violation or danger exists,
he or she shall make a special inspection as soon as practicable, to
determine if such violation or danger exists. If the director
determines there are no reasonable grounds to believe that a violation
or danger exists, he or she shall notify the employer and the employee
or representative of the employees in writing of such determination.
Prior to or during any inspection of a work place, any employee or
representative of employees employed in such work place may notify the
director or any representative of the director responsible for
conducting the inspection, in writing, of any violation of this chapter
which he or she has reason to believe exists in such work place. The
director shall, by rule, establish procedures for informal review of
any refusal by a representative of the director to issue a citation
with respect to any such alleged violation, and shall furnish the
employee or representative of employees requesting such review a
written statement of the reasons for the director's final disposition
of the case.
Sec. 12012 RCW 49.17.130 and 1973 c 80 s 13 are each amended to
read as follows:
(1) If upon inspection or investigation, the director, or his or
her authorized representative, believes that an employer has violated
a requirement of RCW 49.17.060, or any safety or health standard
promulgated by rules of the department, or any conditions of an order
granting a variance, which violation is such that a danger exists from
which there is a substantial probability that death or serious physical
harm could result to any employee, the director or his or her
authorized representative shall issue a citation and may issue an order
immediately restraining any such condition, practice, method, process,
or means in the work place. Any order issued under this section may
require such steps to be taken as may be necessary to avoid, correct,
or remove such danger and prohibit the employment or presence of any
individual in locations or under conditions where such danger exists,
except individuals whose presence is necessary to avoid, correct, or
remove such danger or to maintain the capacity of a continuous process
operation in order that the resumption of normal operations may be had
without a complete cessation of operations, or where a cessation of
operations is necessary, to permit such to be accomplished in a safe
and orderly manner. In addition, if any machine or equipment, or any
part thereof, is in violation of a requirement of RCW 49.17.060 or any
safety or health standard promulgated by rules of the department, and
the operation of such machine or equipment gives rise to a substantial
probability that death or serious physical harm could result to any
employee, and an order of immediate restraint of the use of such
machine or equipment has been issued under this subsection, the use of
such machine or equipment is prohibited, and a notice to that effect
shall be attached thereto by the director or his or her authorized
representative.
(2) Whenever the director, or his or her authorized representative,
concludes that a condition of employment described in subsection (1) of
this section exists in any work place, he or she shall promptly inform
the affected employees and employers of the danger.
(3) At any time that a citation or a citation and order restraining
any condition of employment or practice described in subsection (1) of
this section is issued by the director, or his or her authorized
representative, he or she may in addition request the attorney general
to make an application to the superior court of the county wherein such
condition of employment or practice exists for a temporary restraining
order or such other relief as appears to be appropriate under the
circumstances.
Sec. 12013 RCW 49.17.160 and 1973 c 80 s 16 are each amended to
read as follows:
(1) No person shall discharge or in any manner discriminate against
any employee because such employee has filed any complaint or
instituted or caused to be instituted any proceeding under or related
to this chapter, or has testified or is about to testify in any such
proceeding or because of the exercise by such employee on behalf of
himself or herself or others of any right afforded by this chapter.
(2) Any employee who believes that he or she has been discharged or
otherwise discriminated against by any person in violation of this
section may, within thirty days after such violation occurs, file a
complaint with the director alleging such discrimination. Upon receipt
of such complaint, the director shall cause such investigation to be
made as he or she deems appropriate. If upon such investigation, the
director determines that the provisions of this section have been
violated, he of she shall bring an action in the superior court of the
county wherein the violation is alleged to have occurred against the
person or persons who is alleged to have violated the provisions of
this section. If the director determines that the provisions of this
section have not been violated, the employee may institute the action
on his or her own behalf within thirty days of such determination. In
any such action the superior court shall have jurisdiction, for cause
shown, to restrain violations of subsection (1) of this section and
order all appropriate relief including rehiring or reinstatement of the
employee to his or her former position with back pay.
(3) Within ninety days of the receipt of the complaint filed under
this section, the director shall notify the complainant of his or her
determination under subsection (2) of this section.
Sec. 12014 RCW 49.17.170 and 1973 c 80 s 17 are each amended to
read as follows:
(1) In addition to and after having invoked the powers of restraint
vested in the director as provided in RCW 49.17.130 the superior courts
of the state of Washington shall have jurisdiction upon petition of the
director, through the attorney general, to enjoin any condition or
practice in any work place from which there is a substantial
probability that death or serious physical harm could result to any
employee immediately or before the imminence of such danger can be
eliminated through the enforcement procedures otherwise provided by
this chapter. Any order issued under this section may require such
steps to be taken as may be necessary to avoid, correct, or remove such
danger and prohibit the employment or presence of any individual in
locations or under conditions where such danger exists, except
individuals whose presence is necessary to avoid, correct, or remove
such danger or to maintain the capacity of a continuous process
operation to resume normal operation without a complete cessation of
operations, or where a cessation of operations is necessary, to permit
such to be accomplished in a safe and orderly manner.
(2) Upon the filing of any such petition the superior courts of the
state of Washington shall have jurisdiction to grant such injunctive
relief or temporary restraining order pending the outcome of
enforcement proceedings pursuant to this chapter, except that no
temporary restraining order issued without notice shall be effective
for a period longer than five working days.
(3) Whenever and as soon as any authorized representative of the
director concludes that a condition or practice described in subsection
(1) exists in any work place, he or she shall inform the affected
employees and employers of the danger and may recommend to the director
that relief be sought under this section.
(4) If the director arbitrarily or capriciously fails to invoke his
or her restraining authority under RCW 49.17.130 or fails to seek
relief under this section, any employee who may be injured by reason of
such failure, or the representative of such employees, may bring an
action against the director in the superior court for the county in
which the danger is alleged to exist for a writ of mandamus to compel
the director to seek such an order and for such further relief as may
be appropriate or seek the director to exercise his or her restraining
authority under RCW 49.17.130.
Sec. 12015 RCW 49.17.180 and 1995 c 403 s 629 are each amended to
read as follows:
(1) Except as provided in RCW 43.05.090, any employer who willfully
or repeatedly violates the requirements of RCW 49.17.060, of any safety
or health standard promulgated under the authority of this chapter, of
any existing rule or regulation governing the conditions of employment
promulgated by the department, or of any order issued granting a
variance under RCW 49.17.080 or 49.17.090 may be assessed a civil
penalty not to exceed seventy thousand dollars for each violation. A
minimum penalty of five thousand dollars shall be assessed for a
willful violation.
(2) Any employer who has received a citation for a serious
violation of the requirements of RCW 49.17.060, of any safety or health
standard promulgated under the authority of this chapter, of any
existing rule or regulation governing the conditions of employment
promulgated by the department, or of any order issued granting a
variance under RCW 49.17.080 or 49.17.090 as determined in accordance
with subsection (6) of this section, shall be assessed a civil penalty
not to exceed seven thousand dollars for each such violation.
(3) Any employer who has received a citation for a violation of the
requirements of RCW 49.17.060, of any safety or health standard
promulgated under this chapter, of any existing rule or regulation
governing the conditions of employment promulgated by the department,
or of any order issued granting a variance under RCW 49.17.080 or
49.17.090, where such violation is specifically determined not to be of
a serious nature as provided in subsection (6) of this section, may be
assessed a civil penalty not to exceed seven thousand dollars for each
such violation, unless such violation is determined to be de minimis.
(4) Any employer who fails to correct a violation for which a
citation has been issued under RCW 49.17.120 or 49.17.130 within the
period permitted for its correction, which period shall not begin to
run until the date of the final order of the board of industrial
insurance appeals in the case of any review proceedings under this
chapter initiated by the employer in good faith and not solely for
delay or avoidance of penalties, may be assessed a civil penalty of not
more than seven thousand dollars for each day during which such failure
or violation continues.
(5) Any employer who violates any of the posting requirements of
this chapter, or any of the posting requirements of rules promulgated
by the department pursuant to this chapter related to employee or
employee representative's rights to notice, including but not limited
to those employee rights to notice set forth in RCW 49.17.080,
49.17.090, 49.17.120, 49.17.130, 49.17.220(1), and 49.17.240(2), shall
be assessed a penalty not to exceed seven thousand dollars for each
such violation. Any employer who violates any of the posting
requirements for the posting of informational, educational, or training
materials under the authority of RCW 49.17.050(7), may be assessed a
penalty not to exceed seven thousand dollars for each such violation.
(6) For the purposes of this section, a serious violation shall be
deemed to exist in a work place if there is a substantial probability
that death or serious physical harm could result from a condition which
exists, or from one or more practices, means, methods, operations, or
processes which have been adopted or are in use in such work place,
unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
(7) The director, or his or her authorized representatives, shall
have authority to assess all civil penalties provided in this section,
giving due consideration to the appropriateness of the penalty with
respect to the number of affected employees of the employer being
charged, the gravity of the violation, the size of the employer's
business, the good faith of the employer, and the history of previous
violations.
(8) Civil penalties imposed under this chapter shall be paid to the
director for deposit in the supplemental pension fund established by
RCW 51.44.033. Civil penalties may be recovered in a civil action in
the name of the department brought in the superior court of the county
where the violation is alleged to have occurred, or the department may
utilize the procedures for collection of civil penalties as set forth
in RCW 51.48.120 through 51.48.150.
Sec. 12016 RCW 49.17.190 and 1986 c 20 s 3 are each amended to
read as follows:
(1) Any person who gives advance notice of any inspection to be
conducted under the authority of this chapter, without the consent of
the director or his or her authorized representative, shall, upon
conviction be guilty of a gross misdemeanor and be punished by a fine
of not more than one thousand dollars or by imprisonment for not more
than six months, or by both.
(2) Whoever knowingly makes any false statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this chapter
shall, upon conviction be guilty of a gross misdemeanor and be punished
by a fine of not more than ten thousand dollars, or by imprisonment for
not more than six months or by both.
(3) Any employer who wilfully and knowingly violates the
requirements of RCW 49.17.060, any safety or health standard
promulgated under this chapter, any existing rule or regulation
governing the safety or health conditions of employment and adopted by
the director, or any order issued granting a variance under RCW
49.17.080 or 49.17.090 and that violation caused death to any employee
shall, upon conviction be guilty of a gross misdemeanor and be punished
by a fine of not more than one hundred thousand dollars or by
imprisonment for not more than six months or by both; except, that if
the conviction is for a violation committed after a first conviction of
such person, punishment shall be a fine of not more than two hundred
thousand dollars or by imprisonment for not more than one year, or by
both.
(4) Any employer who has been issued an order immediately
restraining a condition, practice, method, process, or means in the
work place, pursuant to RCW 49.17.130 or 49.17.170, and who
nevertheless continues such condition, practice, method, process, or
means, or who continues to use a machine or equipment or part thereof
to which a notice prohibiting such use has been attached, shall be
guilty of a gross misdemeanor, and upon conviction shall be punished by
a fine of not more than ten thousand dollars or by imprisonment for not
more than six months, or by both.
(5) Any employer who shall knowingly remove, displace, damage, or
destroy, or cause to be removed, displaced, damaged, or destroyed any
safety device or safeguard required to be present and maintained by any
safety or health standard, rule, or order promulgated pursuant to this
chapter, or pursuant to the authority vested in the director under RCW
43.22.050 shall, upon conviction, be guilty of a misdemeanor and be
punished by a fine of not more than one thousand dollars or by
imprisonment for not more than ninety days, or by both.
(6) Whenever the director has reasonable cause to believe that any
provision of this section defining a crime has been violated by an
employer, the director shall cause a record of such alleged violation
to be prepared, a copy of which shall be referred to the prosecuting
attorney of the county wherein such alleged violation occurred, and the
prosecuting attorney of such county shall in writing advise the
director of the disposition he or she shall make of the alleged
violation.
Sec. 12017 RCW 49.17.200 and 1973 c 80 s 20 are each amended to
read as follows:
All information reported to or otherwise obtained by the director,
or his or her authorized representative, in connection with any
inspection or proceeding under the authority of this chapter, which
contains or which might reveal a trade secret shall be considered
confidential, except that such information may be disclosed to other
officers or employees concerned with carrying out this chapter, or when
relevant in any proceeding under this chapter. In any such proceeding
the director, the board of industrial insurance appeals, or the court
shall issue such orders as may be appropriate to protect the
confidentiality of trade secrets.
Sec. 12018 RCW 49.17.220 and 1973 c 80 s 22 are each amended to
read as follows:
(1) Each employer shall make, keep, and preserve, and make
available to the director such records regarding his or her activities
relating to this chapter as the director may prescribe by regulation as
necessary or appropriate for the enforcement of this chapter or for
developing information regarding the causes and prevention of
occupational accidents and illnesses. In order to carry out the
provisions of this section such regulations may include provisions
requiring employers to conduct periodic inspections. The director
shall also issue regulations requiring that employers, through posting
of notices or other appropriate means, keep their employees informed of
their protections and obligations under this chapter, including the
provisions of applicable safety and health standards.
(2) The director shall prescribe regulations requiring employers to
maintain accurate records, and to make periodic reports of work-related
deaths, and of injuries and illnesses other than minor injuries
requiring only first aid treatment and which do not involve medical
treatment, loss of consciousness, restriction of work or motion, or
transfer to another job.
(3) The director shall issue regulations requiring employers to
maintain accurate records of employee exposures to potentially toxic
materials or harmful physical agents which are required to be monitored
or measured. Such regulations shall provide employees or their
representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof. Such regulations
shall also make appropriate provisions for each employee or former
employee to have access to such records as will indicate his or her own
exposure to toxic materials or harmful physical agents. Each employer
shall promptly notify any employee who has been or is being exposed to
toxic materials or harmful physical agents in concentrations or at
levels which exceed those prescribed by any applicable safety and
health standard promulgated under this chapter and shall inform any
employee who is being thus exposed of the corrective action being
taken.
Sec. 12019 RCW 49.17.240 and 1973 c 80 s 24 are each amended to
read as follows:
(1) The director in the promulgation of rules under the authority
of this chapter shall establish safety and health standards for
conditions of employment of general and/or specific applicability for
all industries, businesses, occupations, crafts, trades, and
employments subject to the provisions of this chapter, or those that
are a national or accepted federal standard. In adopting safety and
health standards for conditions of employment, the director shall
solicit and give due regard to all recommendations by any employer,
employee, or labor representative of employees.
(2) Any safety and health standard adopted by rule of the director
shall, where appropriate, prescribe the use of labels or other forms of
warning to insure that employees are apprised of all hazards to which
they may be exposed, relevant symptoms, and appropriate emergency
treatment, and proper conditions and precautions of safe use or
exposure. Where appropriate, such rules shall so prescribe suitable
protective equipment and control or technological procedures to be used
in connection with such hazards and shall provide for monitoring or
measuring employee exposure at such locations and intervals, and in
such manner as may be reasonably necessary for the protection of
employees. In addition, where appropriate, any such rule shall
prescribe the type and frequency of medical examinations or other tests
which shall be made available, by the employer or at his or her cost,
to employees exposed to such hazards in order to most effectively
determine whether the health of such employees is adversely affected by
such exposure. In the event that such medical examinations are in the
nature of research, as determined by the director, such examinations
may be furnished at the expense of the department. The results of such
examinations or tests shall be furnished only to the director, other
appropriate agencies of government, and at the request of the employee
to his or her physician.
(3) Whenever the director adopts by rule any safety and health
standard he or she may at the same time provide by rule the effective
date of such standard which shall not be less than thirty days,
excepting emergency rules, but may be made effective at such time in
excess of thirty days from the date of adoption as specified in any
rule adopting a safety and health standard. Any rule not made
effective thirty days after adoption, having a delayed effectiveness in
excess of thirty days, may only be made upon a finding made by the
director that such delayed effectiveness of the rule is reasonably
necessary to afford the affected employers a reasonable opportunity to
make changes in methods, means, or practices to meet the requirements
of the adopted rule. Temporary orders granting a variance may be
utilized by the director in lieu of the delayed effectiveness in the
adoption of any rule.
Sec. 12020 RCW 49.17.260 and 1973 c 80 s 26 are each amended to
read as follows:
In furtherance of the objects and purposes of this chapter, the
director shall develop and maintain an effective program of collection,
compilation, and analysis of industrial safety and health statistics.
The director, or his or her authorized representative, shall
investigate and analyze industrial catastrophes, serious injuries, and
fatalities occurring in any work place subject to this chapter, in an
effort to ascertain whether such injury or fatality occurred as the
result of a violation of this chapter, or any safety and health
standard, rule, or order promulgated pursuant to this chapter, or if
not, whether a safety and health standard or rule should be promulgated
for application to such circumstances. The director shall adopt rules
relating to the conducting and reporting of such investigations. Such
investigative report shall be deemed confidential and only available
upon order of the superior court after notice to the director and an
opportunity for hearing: PROVIDED, That such investigative reports
shall be made available without the necessity of obtaining a court
order, to employees of governmental agencies in the performance of
their official duties, to the injured ((workman)) worker or his or her
legal representative or his or her labor organization representative,
or to the legal representative or labor organization representative of
a deceased ((workman)) worker who was the subject of an investigation,
or to the employer of the injured or deceased ((workman)) worker or any
other employer or person whose actions or business operation is the
subject of the report of investigation, or any attorney representing a
party in any pending legal action in which an investigative report
constitutes relevant and material evidence in such legal action.
Sec. 12021 RCW 49.24.020 and 1937 c 131 s 2 are each amended to
read as follows:
Every employer of persons for work in compressed air shall:
(1) Connect at least two air pipes with the working chamber and
keep such pipes in perfect working condition;
(2) Attach to the working chamber in accessible positions all
instruments necessary to show its pressure and keep such instruments in
charge of competent persons, with a period of duty for each such person
not exceeding six hours in any twenty-four;
(3) Place in each shaft a safe ladder extending its entire length;
(4) Light properly and keep clear such passageway;
(5) Provide independent lighting systems for the working chamber
and shaft leading to it, when electricity is used for lighting;
(6) Guard lights other than electric lights;
(7) Protect ((workmen)) workers by a shield erected in the working
chamber when such chamber is less than ten feet long and is suspended
with more than nine feet space between its deck and the bottom of the
excavation;
(8) Provide for and keep accessible to employees working in
compressed air a dressing room heated, lighted and ventilated properly
and supplied with benches, lockers, sanitary waterclosets, bathing
facilities, and hot and cold water;
(9) Establish and maintain a medical lock properly heated, lighted,
ventilated, and supplied with medicines and surgical implements, when
the maximum air pressure exceeds seventeen pounds.
Sec. 12022 RCW 49.24.040 and 1937 c 131 s 4 are each amended to
read as follows:
If an employee is a new employee, an absentee for ten or more
successive days, an employee who has worked in compressed air
continuously for three months or a beginner in compressed air who has
worked but a single ((shaft [shift])) shift as required by RCW
49.24.050, the officer required by RCW 49.24.030(1) shall examine him
or her and declare him or her physically fit to work in compressed air
before permitting him or her to enter or reenter the working chamber.
Excessive users of intoxicants shall not be permitted to work in
compressed air.
Sec. 12023 RCW 49.24.180 and 1941 c 194 s 11 are each amended to
read as follows:
While work is in progress, the employer shall employ a competent
person who shall make a regular inspection at least once every working
day of all engines, boilers, steam pipes, drills, air pipes, air
gauges, air locks, dynamos, electric wiring, signaling apparatus,
brakes, cages, buckets, hoists, cables, ropes, timbers, supports, and
all other apparatus and appliances; and he or she shall immediately
upon discovery of any defect, report same in writing to the employer,
or his or her agent in charge.
Sec. 12024 RCW 49.24.190 and 1941 c 194 s 12 are each amended to
read as follows:
No employee shall ride on any loaded car, cage, or bucket, nor walk
up or down any incline or shaft while any car, cage, or bucket is above
him or her.
Sec. 12025 RCW 49.24.230 and 1941 c 194 s 16 are each amended to
read as follows:
When firing by electricity from power or lighting wires, a proper
switch shall be furnished with lever down when "off".
The switch shall be fixed in a locked box to which no person shall
have access except the blaster. There shall be provided flexible leads
or connecting wires not less than five feet in length with one end
attached to the incoming lines and the other end provided with plugs
that can be connected to an effective ground. After blasting, the
switch lever shall be pulled out, the wires disconnected and the box
locked before any person shall be allowed to return, and shall remain
so locked until again ready to blast.
In the working chamber all electric light wires shall be provided
with a disconnecting switch, which must be thrown to disconnect all
current from the wires in the working chamber before electric light
wires are removed or the charge exploded.
Before blasting, the blaster shall cause a sufficient warning to be
sounded and shall compel all persons to retreat to a safe shelter,
before he or she sets off the blast, and shall permit no one to return
until conditions are safe.
Sec. 12026 RCW 49.24.370 and 1941 c 194 s 32 are each amended to
read as follows:
The director of labor and industries shall establish such rules and
regulations as he or she deems primarily necessary for the safety of
the employees employed in tunnels, quarries, caissons, and subways and
shall be guided by the most modern published studies and researches
made by persons or institutions into the correction of the evils
chargeable to improper safeguards and inspection of the tools,
machinery, equipment, and places of work obtaining in the industries
covered by RCW 49.24.080 through 49.24.380.
Sec. 12027 RCW 49.26.010 and 1973 c 30 s 1 are each amended to
read as follows:
Airborne asbestos dust and particles, such as those from sprayed
asbestos slurry, asbestos-coated ventilating ducts, and certain other
applications of asbestos are known to produce irreversible lung damage
and bronchogenic carcinoma. One American of every four dying in urban
areas of the United States has asbestos particles or dust in his or her
lungs. The nature of this problem is such as to constitute a hazard to
the public health and safety, and should be brought under appropriate
regulation.
Sec. 12028 RCW 49.32.020 and 1933 ex.s. c 7 s 2 are each amended
to read as follows:
In the interpretation of this chapter and in determining the
jurisdiction and authority of the courts of the state of Washington, as
such jurisdiction and authority are herein defined and limited, the
public policy of the state of Washington is hereby declared as follows:
WHEREAS, Under prevailing economic conditions, developed with the
aid of governmental authority for owners of property to organize in the
corporate and other forms of ownership association, the individual
unorganized worker is commonly helpless to exercise actual liberty of
contract and to protect his or her freedom of labor, and thereby to
obtain acceptable terms and conditions of employment, wherefore, though
he or she should be free to decline to associate with his or her
fellows, it is necessary that he or she have full freedom of
association, self-organization, and designation of representatives of
his or her own choosing, to negotiate the terms and conditions of his
or her employment, and that he or she shall be free from interference,
restraint, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self-organization or in other
concerted activities for the purpose of collective bargaining or other
mutual aid or protections; therefore, the following definitions of, and
limitations upon, the jurisdiction and authority of the courts of the
state of Washington are hereby enacted.
Sec. 12029 RCW 49.32.030 and 1933 ex.s. c 7 s 3 are each amended
to read as follows:
Any undertaking or promise, such as is described in this section,
or any other undertaking or promise in conflict with the public policy
declared in RCW 49.32.020, is hereby declared to be contrary to the
public policy of the state of Washington, shall not be enforceable in
any court of the state of Washington, and shall not afford any basis
for the granting of legal or equitable relief by any such court,
including specifically the following:
Every undertaking or promise hereafter made, whether written or
oral, express or implied, constituting or contained in any contract or
agreement of hiring or employment between any individual, firm,
company, association, or corporation and any employee or prospective
employee of the same, whereby(( -- )):
(1) Either party to such contract or agreement undertakes or
promises not to join, become, or remain a member of any labor
organization or of any employer organization; or
(2) Either party to such contract or agreement undertakes or
promises that he or she will withdraw from an employment relation in
the event that he or she joins, becomes, or remains a member of any
labor organization or of any employer organization.
Sec. 12030 RCW 49.32.080 and 1971 c 81 s 116 are each amended to
read as follows:
Whenever any court of the state of Washington shall issue or deny
any temporary injunction in a case involving or growing out of a labor
dispute, the court shall, upon the request of any party to the
proceedings, and on his or her filing the usual bond for costs,
forthwith certify the entire record of the case, including a transcript
of the evidence taken, to the supreme court or the court of appeals for
its review. Upon the filing of such record in the supreme court or the
court of appeals, the appeal shall be heard and the temporary
injunctive order affirmed, modified, or set aside with the greatest
possible expedition, giving the proceedings precedence over all other
matters except older matters of the same character.
Sec. 12031 RCW 49.32.110 and 1933 ex.s. c 7 s 13 are each amended
to read as follows:
When used in this chapter, and for the purpose of this chapter((--
)):
(1) A case shall be held to involve or to grow out of a labor
dispute when the case involves persons who are engaged in the same
industry, trade, or occupation; or have direct or indirect interests
therein; or who are employees of the same employer; or who are members
of the same or an affiliated organization of employers or employees;
whether such dispute is (a) between one or more employers or
associations of employers and one or more employees or associations of
employees; (b) between one or more employers or associations of
employers and one or more employers or association of employers; or (c)
between one or more employees or association of employees and one or
more employees or association of employees; or when the case involves
any conflicting or competing interests in a "labor dispute" (as
hereinafter defined) of "persons participating or interested" therein
(as hereinafter defined).
(2) A person or association shall be held to be a person
participating or interested in a labor dispute if relief is sought
against him or her or it, and if he or she or it is engaged in the same
industry, trade, craft, or occupation in which dispute occurs, or has
a direct or indirect interest therein or is a member, officer, or agent
of any association composed in whole or in part of employers or
employees engaged in such industry, trade, craft, or occupation.
(3) The term "labor dispute" includes any controversy concerning
terms or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment,
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
Sec. 12032 RCW 49.36.015 and 1919 c 185 s 2 are each amended to
read as follows:
No restraining order or injunction shall be granted by any court of
this state, or any judge or judges thereof in any case between an
employer and employee or between employer and employees or between
employees or between persons employed and persons seeking employment
involving or growing out of a dispute concerning terms or conditions of
employment, unless necessary to prevent irreparable damage to property
or to a personal right or to a property right of the party making the
application, for which injury there is no adequate remedy at law, and
such petition must be in writing describing such damage or injury
feared by the applicant, and sworn to by the applicant or his or her
agent or attorney. No such restraining order or injunction shall
prohibit any such person or persons, whether singly or in concert, from
terminating any relation of employment or from ceasing to perform any
work or labor; or from paying or giving to, or withholding from any
person engaged in such dispute, any strike benefits or other moneys or
things of value; or from doing any act or thing which might lawfully be
done in the absence of such dispute by any party thereto; nor shall any
of the acts specified in this section be considered or held to be
illegal or unlawful in any court of the state.
Sec. 12033 RCW 49.40.040 and 1919 c 191 s 4 are each amended to
read as follows:
Upon the written petition of either the employer or the employee
setting forth in ordinary and concise language the facts and questions
in dispute, the director of labor and industries shall, in person or by
his or her duly authorized deputy, and is hereby authorized to hear and
determine all disputes concerning wages earned at seasonal labor, and
allow or reject deductions made from such wages for moneys advanced or
supplies furnished before the wages are earned for money paid or
supplies furnished during the season or for money paid to third persons
upon the written order of the employee.
Sec. 12034 RCW 49.40.050 and 1919 c 191 s 5 are each amended to
read as follows:
Upon the filing of any such petition, the director of labor and
industries shall notify the other party to the dispute of the time and
place when and where such petition will be heard, and may set said
petition for a hearing before a regularly appointed deputy at such
place in the state as he or she shall determine is most convenient for
the parties, and the director or his or her deputy shall have power and
authority to issue subpoenas to compel the attendance of witnesses and
the production of books, papers, and records at such hearing, and to
administer oaths. Obedience to such subpoenas shall be enforced by the
courts of the county where such hearing is held.
Sec. 12035 RCW 49.40.060 and 1919 c 191 s 6 are each amended to
read as follows:
The director of labor and industries, or his or her deputy holding
the hearing shall, after such hearing, determine the amount due from
the employer to the employee, and shall make findings of fact and an
award in accordance therewith, which findings and award shall be filed
in the office of the director and a copy thereof served upon the
employer and upon the employee by registered mail directed to their
last known post office address.
Sec. 12036 RCW 49.44.020 and 1909 c 249 s 424 are each amended to
read as follows:
Every person who shall give, offer, or promise, directly or
indirectly, any compensation, gratuity, or reward to any duly
constituted representative of a labor organization, with intent to
influence him or her in respect to any of his or her acts, decisions or
other duties as such representative, or to induce him or her to prevent
or cause a strike by the employees of any person or corporation, shall
be guilty of a gross misdemeanor.
Sec. 12037 RCW 49.44.030 and 1909 c 249 s 425 are each amended to
read as follows:
Every person who, being the duly constituted representative of a
labor organization, shall ask or receive, directly or indirectly, any
compensation, gratuity, or reward, or any promise thereof, upon any
agreement or understanding that any of his or her acts, decisions, or
other duties as such representative, or any act to prevent or cause a
strike of the employees of any person or corporation shall be
influenced thereby, shall be guilty of a gross misdemeanor.
Sec. 12038 RCW 49.44.060 and 1909 c 249 s 426 are each amended to
read as follows:
Every person who shall give, offer, or promise, directly or
indirectly, any compensation, gratuity, or reward to any agent,
employee, or servant of any person or corporation, with intent to
influence his or her action in relation to his or her principal's,
employer's, or master's business, shall be guilty of a gross
misdemeanor.
Sec. 12039 RCW 49.44.080 and 1909 c 249 s 281 are each amended to
read as follows:
Every person who shall wilfully and maliciously, either alone or in
combination with others, break a contract of service or employment,
knowing or having reasonable cause to believe that the consequence of
his or her so doing will be to endanger human life or to cause grievous
bodily injury, or to expose valuable property to destruction or serious
injury, shall be guilty of a misdemeanor.
Sec. 12040 RCW 49.46.010 and 2002 c 354 s 231 are each amended to
read as follows:
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by reason of
employment, payable in legal tender of the United States or checks on
banks convertible into cash on demand at full face value, subject to
such deductions, charges, or allowances as may be permitted by rules of
the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership, association,
corporation, business trust, or any person or group of persons acting
directly or indirectly in the interest of an employer in relation to an
employee;
(5) "Employee" includes any individual employed by an employer but
shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid
on a piece rate basis in an operation which has been, and is generally
and customarily recognized as having been, paid on a piece rate basis
in the region of employment; (ii) who commutes daily from his or her
permanent residence to the farm on which he or she is employed; and
(iii) who has been employed in agriculture less than thirteen weeks
during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private
home, unless performed in the course of the employer's trade, business,
or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of outside
((salesman)) salesperson as those terms are defined and delimited by
rules of the director. However, those terms shall be defined and
delimited by the director of personnel pursuant to chapter 41.06 RCW
for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational,
charitable, religious, state or local governmental body or agency, or
nonprofit organization where the employer-employee relationship does
not in fact exist or where the services are rendered to such
organizations gratuitously. If the individual receives reimbursement
in lieu of compensation for normally incurred out-of-pocket expenses or
receives a nominal amount of compensation per unit of voluntary service
rendered, an employer-employee relationship is deemed not to exist for
the purpose of this section or for purposes of membership or
qualification in any state, local government, or publicly supported
retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local
governmental body or agency who provides voluntary services but only
with regard to the provision of the voluntary services. The voluntary
services and any compensation therefor shall not affect or add to
qualification, entitlement, or benefit rights under any state, local
government, or publicly supported retirement system other than that
provided under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the Interstate
Commerce Act;
(h) Any individual engaged in forest protection and fire prevention
activities;
(i) Any individual employed by any charitable institution charged
with child care responsibilities engaged primarily in the development
of character or citizenship or promoting health or physical fitness or
providing or sponsoring recreational opportunities or facilities for
young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or
sleep at the place of his or her employment or who otherwise spends a
substantial portion of his or her work time subject to call, and not
engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or
municipal correctional, detention, treatment or rehabilitative
institution;
(l) Any individual who holds a public elective or appointive office
of the state, any county, city, town, municipal corporation or quasi
municipal corporation, political subdivision, or any instrumentality
thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries
operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an
American vessel;
(6) "Occupation" means any occupation, service, trade, business,
industry, or branch or group of industries or employment or class of
employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment
seventy-five percent of whose annual dollar volume of sales of goods or
services, or both, is not for resale and is recognized as retail sales
or services in the particular industry.
Sec. 12041 RCW 49.46.040 and 1959 c 294 s 4 are each amended to
read as follows:
(1) The director or his or her designated representatives may
investigate and gather data regarding the wages, hours, and other
conditions and practices of employment in any industry subject to this
chapter, and may enter and inspect such places and such records (and
make such transcriptions thereof), question such employees, and
investigate such facts, conditions, practices, or matters as he or she
may deem necessary or appropriate to determine whether any person has
violated any provision of this chapter, or which may aid in the
enforcement of the provisions of this chapter.
(2) With the consent and cooperation of federal agencies charged
with the administration of federal labor laws, the director may, for
the purpose of carrying out his or her functions and duties under this
chapter, utilize the services of federal agencies and their employees
and, notwithstanding any other provision of law, may reimburse such
federal agencies and their employees for services rendered for such
purposes.
(3) Every employer subject to any provision of this chapter or of
any order issued under this chapter shall make, keep, and preserve such
records of the persons employed by him or her and of the wages, hours,
and other conditions and practices of employment maintained by him or
her, and shall preserve such records for such periods of time, and
shall make reports therefrom to the director as he or she shall
prescribe by regulation as necessary or appropriate for the enforcement
of the provisions of this chapter or the regulations thereunder.
(4) The director is authorized to make such regulations regulating,
restricting, or prohibiting industrial homework as are necessary or
appropriate to prevent the circumvention or evasion of and to safeguard
the minimum wage rate prescribed in this chapter, and all existing
regulations of the director relating to industrial homework are hereby
continued in full force and effect.
Sec. 12042 RCW 49.46.070 and 1959 c 294 s 7 are each amended to
read as follows:
Every employer subject to any provision of this chapter or of any
regulation issued under this chapter shall make, and keep in or about
the premises wherein any employee is employed, a record of the name,
address, and occupation of each of his or her employees, the rate of
pay, and the amount paid each pay period to each such employee, the
hours worked each day and each work week by such employee, and such
other information as the director shall prescribe by regulation as
necessary or appropriate for the enforcement of the provisions of this
chapter or of the regulations thereunder. Such records shall be open
for inspection or transcription by the director or his or her
authorized representative at any reasonable time. Every such employer
shall furnish to the director or to his or her authorized
representative on demand a sworn statement of such records and
information upon forms prescribed or approved by the director.
Sec. 12043 RCW 49.46.090 and 1959 c 294 s 9 are each amended to
read as follows:
(1) Any employer who pays any employee less than wages to which
such employee is entitled under or by virtue of this chapter, shall be
liable to such employee affected for the full amount of such wage rate,
less any amount actually paid to such employee by the employer, and for
costs and such reasonable attorney's fees as may be allowed by the
court. Any agreement between such employee and the employer to work
for less than such wage rate shall be no defense to such action.
(2) At the written request of any employee paid less than the wages
to which he or she is entitled under or by virtue of this chapter, the
director may take an assignment under this chapter or as provided in
RCW 49.48.040 of such wage claim in trust for the assigning employee
and may bring any legal action necessary to collect such claim, and the
employer shall be required to pay the costs and such reasonable
attorney's fees as may be allowed by the court.
Sec. 12044 RCW 49.46.100 and 1959 c 294 s 10 are each amended to
read as follows:
(1) Any employer who hinders or delays the director or his or her
authorized representatives in the performance of his or her duties in
the enforcement of this chapter, or refuses to admit the director or
his or her authorized representatives to any place of employment, or
fails to make, keep, and preserve any records as required under the
provisions of this chapter, or falsifies any such record, or refuses to
make any record accessible to the director or his or her authorized
representatives upon demand, or refuses to furnish a sworn statement of
such record or any other information required for the proper
enforcement of this chapter to the director or his or her authorized
representatives upon demand, or pays or agrees to pay wages at a rate
less than the rate applicable under this chapter, or otherwise violates
any provision of this chapter or of any regulation issued under this
chapter shall be deemed in violation of this chapter and shall, upon
conviction therefor, be guilty of a gross misdemeanor.
(2) Any employer who discharges or in any other manner
discriminates against any employee because such employee has made any
complaint to his or her employer, to the director, or his or her
authorized representatives that he or she has not been paid wages in
accordance with the provisions of this chapter, or that the employer
has violated any provision of this chapter, or because such employee
has caused to be instituted or is about to cause to be instituted any
proceeding under or related to this chapter, or because such employee
has testified or is about to testify in any such proceeding shall be
deemed in violation of this chapter and shall, upon conviction
therefor, be guilty of a gross misdemeanor.
Sec. 12045 RCW 49.46.130 and 1998 c 239 s 2 are each amended to
read as follows:
(1) Except as otherwise provided in this section, no employer shall
employ any of his or her employees for a work week longer than forty
hours unless such employee receives compensation for his or her
employment in excess of the hours above specified at a rate not less
than one and one-half times the regular rate at which he or she is
employed.
(2) This section does not apply to:
(a) Any person exempted pursuant to RCW 49.46.010(5). The payment
of compensation or provision of compensatory time off in addition to a
salary shall not be a factor in determining whether a person is
exempted under RCW 49.46.010(5)(c);
(b) Employees who request compensating time off in lieu of overtime
pay;
(c) Any individual employed as a seaman whether or not the seaman
is employed on a vessel other than an American vessel;
(d) Seasonal employees who are employed at concessions and
recreational establishments at agricultural fairs, including those
seasonal employees employed by agricultural fairs, within the state
provided that the period of employment for any seasonal employee at any
or all agricultural fairs does not exceed fourteen working days a year;
(e) Any individual employed as a motion picture projectionist if
that employee is covered by a contract or collective bargaining
agreement which regulates hours of work and overtime pay;
(f) An individual employed as a truck or bus driver who is subject
to the provisions of the Federal Motor Carrier Act (49 U.S.C. Sec. 3101
et seq. and 49 U.S.C. Sec. 10101 et seq.), if the compensation system
under which the truck or bus driver is paid includes overtime pay,
reasonably equivalent to that required by this subsection, for working
longer than forty hours per week;
(g) Any individual employed (i) on a farm, in the employ of any
person, in connection with the cultivation of the soil, or in
connection with raising or harvesting any agricultural or horticultural
commodity, including raising, shearing, feeding, caring for, training,
and management of livestock, bees, poultry, and furbearing animals and
wildlife, or in the employ of the owner or tenant or other operator of
a farm in connection with the operation, management, conservation,
improvement, or maintenance of such farm and its tools and equipment;
or (ii) in packing, packaging, grading, storing or delivering to
storage, or to market or to a carrier for transportation to market, any
agricultural or horticultural commodity; or (iii) commercial canning,
commercial freezing, or any other commercial processing, or with
respect to services performed in connection with the cultivation,
raising, harvesting, and processing of oysters or in connection with
any agricultural or horticultural commodity after its delivery to a
terminal market for distribution for consumption;
(h) Any industry in which federal law provides for an overtime
payment based on a work week other than forty hours. However, the
provisions of the federal law regarding overtime payment based on a
work week other than forty hours shall nevertheless apply to employees
covered by this section without regard to the existence of actual
federal jurisdiction over the industrial activity of the particular
employer within this state. For the purposes of this subsection,
"industry" means a trade, business, industry, or other activity, or
branch, or group thereof, in which individuals are gainfully employed
(section 3(h) of the Fair Labor Standards Act of 1938, as amended
(Public Law 93-259));
(i) Any hours worked by an employee of a carrier by air subject to
the provisions of subchapter II of the Railway Labor Act (45 U.S.C.
Sec. 181 et seq.), when such hours are voluntarily worked by the
employee pursuant to a shift-trading practice under which the employee
has the opportunity in the same or in other work weeks to reduce hours
worked by voluntarily offering a shift for trade or reassignment.
(3) No employer shall be deemed to have violated subsection (1) of
this section by employing any employee of a retail or service
establishment for a work week in excess of the applicable work week
specified in subsection (1) of this section if:
(a) The regular rate of pay of the employee is in excess of one and
one-half times the minimum hourly rate required under RCW 49.46.020;
and
(b) More than half of the employee's compensation for a
representative period, of not less than one month, represents
commissions on goods or services.
In determining the proportion of compensation representing
commissions, all earnings resulting from the application of a bona fide
commission rate is to be deemed commissions on goods or services
without regard to whether the computed commissions exceed the draw or
guarantee.
(4) No employer of commissioned salespeople primarily engaged in
the business of selling automobiles, trucks, recreational vessels,
recreational vessel trailers, recreational vehicle trailers,
recreational campers, manufactured housing, or farm implements to
ultimate purchasers shall violate subsection (1) of this section with
respect to such commissioned salespeople if the commissioned
salespeople are paid the greater of:
(a) Compensation at the hourly rate, which may not be less than the
rate required under RCW 49.46.020, for each hour worked up to forty
hours per week, and compensation of one and one-half times that hourly
rate for all hours worked over forty hours in one week; or
(b) A straight commission, a salary plus commission, or a salary
plus bonus applied to gross salary.
(5) No public agency shall be deemed to have violated subsection
(1) of this section with respect to the employment of any employee in
fire protection activities or any employee in law enforcement
activities (including security personnel in correctional institutions)
if: (a) In a work period of twenty-eight consecutive days the employee
receives for tours of duty which in the aggregate exceed two hundred
forty hours; or (b) in the case of such an employee to whom a work
period of at least seven but less than twenty-eight days applies, in
his or her work period the employee receives for tours of duty which in
the aggregate exceed a number of hours which bears the same ratio to
the number of consecutive days in his or her work period as two hundred
forty hours bears to twenty-eight days; compensation at a rate not less
than one and one-half times the regular rate at which he or she is
employed.
Sec. 12046 RCW 49.46.160 and 2007 c 390 s 1 are each amended to
read as follows:
(1) An employer that imposes an automatic service charge related to
food, beverages, entertainment, or porterage provided to a customer
must disclose in an itemized receipt and in any menu provided to the
customer the percentage of the automatic service charge that is paid or
is payable directly to the employee or employees serving the customer.
(2) For purposes of this section:
(a) "Employee" means nonmanagerial, nonsupervisory workers,
including but not limited to servers, busers, banquet ((houseman))
attendant, banquet captains, bartenders, barbacks, and porters.
(b) "Employer" means employers as defined in RCW 49.46.010 that
provide food, beverages, entertainment, or porterage, including but not
limited to restaurants, catering houses, convention centers, and
overnight accommodations.
(c) "Service charge" means a separately designated amount collected
by employers from customers that is for services provided by employees,
or is described in such a way that customers might reasonably believe
that the amounts are for such services. Service charges include but
are not limited to charges designated on receipts as a "service
charge," "gratuity," "delivery charge," or "porterage charge." Service
charges are in addition to hourly wages paid or payable to the employee
or employees serving the customer.
Sec. 12047 RCW 49.48.010 and 1971 ex.s. c 55 s 1 are each amended
to read as follows:
When any employee shall cease to work for an employer, whether by
discharge or by voluntary withdrawal, the wages due him or her on
account of his or her employment shall be paid to him or her at the end
of the established pay period: PROVIDED, HOWEVER, That this paragraph
shall not apply when workers are engaged in an employment that normally
involves working for several employers in the same industry
interchangeably, and the several employers or some of them cooperate to
establish a plan for the weekly payment of wages at a central place or
places and in accordance with a unified schedule of paydays providing
for at least one payday each week; but this subsection shall not apply
to any such plan until ten days after notice of their intention to set
up such a plan shall have been given to the director of labor and
industries by the employers who cooperate to establish the plan; and
having once been established, no such plan can be abandoned except
after notice of their intention to abandon such plan has been given to
the director of labor and industries by the employers intending to
abandon the plan: PROVIDED FURTHER, That the duty to pay an employee
forthwith shall not apply if the labor-management agreement under which
the employee has been employed provides otherwise.
It shall be unlawful for any employer to withhold or divert any
portion of an employee's wages unless the deduction is:
(1) Required by state or federal law; or
(2) Specifically agreed upon orally or in writing by the employee
and employer; or
(3) For medical, surgical, or hospital care or service, pursuant to
any rule or regulation: PROVIDED, HOWEVER, That the deduction is
openly, clearly, and in due course recorded in the employer's books and
records.
Paragraph three of this section shall not be construed to affect
the right of any employer or former employer to sue upon or collect any
debt owed to said employer or former employer by his or her employees
or former employees.
Sec. 12048 RCW 49.48.030 and 1971 ex.s. c 55 s 3 are each amended
to read as follows:
In any action in which any person is successful in recovering
judgment for wages or salary owed to him or her, reasonable attorney's
fees, in an amount to be determined by the court, shall be assessed
against said employer or former employer: PROVIDED, HOWEVER, That this
section shall not apply if the amount of recovery is less than or equal
to the amount admitted by the employer to be owing for said wages or
salary.
Sec. 12049 RCW 49.48.050 and 1935 c 96 s 2 are each amended to
read as follows:
Nothing herein contained shall be construed to limit the authority
of the prosecuting attorney of any county to prosecute actions, both
civil and criminal, for such violations of RCW 49.48.040 through
49.48.080 as may come to his or her knowledge, or to enforce the
provisions hereof independently and without specific direction of the
director of labor and industries.
Sec. 12050 RCW 49.48.060 and 1971 ex.s. c 55 s 4 are each amended
to read as follows:
(1) If upon investigation by the director, after taking assignments
of any wage claim under RCW 49.48.040, it appears to the director that
the employer is representing to his or her employees that he or she is
able to pay wages for their services and that the employees are not
being paid for their services, the director may require the employer to
give a bond in such sum as the director deems reasonable and adequate
in the circumstances, with sufficient surety, conditioned that the
employer will for a definite future period not exceeding six months
conduct his or her business and pay his or her employees in accordance
with the laws of the state of Washington.
(2) If within ten days after demand for such bond the employer
fails to provide the same, the director may commence a suit against the
employer in the superior court of appropriate jurisdiction to compel
him or her to furnish such bond or cease doing business until he or she
has done so. The employer shall have the burden of proving the amount
thereof to be excessive.
(3) If the court finds that there is just cause for requiring such
bond and that the same is reasonable, necessary, or appropriate to
secure the prompt payment of the wages of the employees of such
employer and his or her compliance with RCW 49.48.010 through
49.48.080, the court shall enjoin such employer from doing business in
this state until the requirement is met, or shall make other, and may
make further, orders appropriate to compel compliance with the
requirement.
Upon being informed of a wage claim against an employer or former
employer, the director shall, if such claim appears to be just,
immediately notify the employer or former employer, of such claim by
mail. If the employer or former employer fails to pay the claim or
make satisfactory explanation to the director of his or her failure to
do so, within thirty days thereafter, the employer or former employer
shall be liable to a penalty of ten percent of that portion of the
claim found to be justly due. The director shall have a cause of
action against the employer or former employer for the recovery of such
penalty, and the same may be included in any subsequent action by the
director on said wage claim, or may be exercised separately after
adjustment of such wage claim without court action.
Sec. 12051 RCW 49.48.090 and 1909 c 32 s 1 are each amended to
read as follows:
No assignment of, or order for, wages to be earned in the future to
secure a loan of less than three hundred dollars, shall be valid
against an employer of the person making said assignment or order
unless said assignment or order is accepted in writing by the employer,
and said assignment or order, and the acceptance of the same, have been
filed and recorded with the county auditor of the county where the
party making said assignment or order resides, if a resident of the
state, or in which he or she is employed, if not a resident of the
state.
Sec. 12052 RCW 49.48.150 and 1992 c 177 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 49.48.160 through 49.48.190.
(1) "Commission" means compensation paid a sales representative by
a principal in an amount based on a percentage of the dollar amount of
certain orders for or sales of the principal's product.
(2) "Principal" means a person, whether or not the person has a
permanent or fixed place of business in this state, who:
(a) Manufactures, produces, imports, or distributes a product for
sale to customers who purchase the product for resale;
(b) Uses a sales representative to solicit orders for the product;
and
(c) Compensates the sales representative in whole or in part by
commission.
(3) "Sales representative" means a person who solicits, on behalf
of a principal, orders for the purchase at wholesale of the principal's
product, but does not include a person who places orders for his or her
own account for resale, or purchases for his or her own account for
resale, or sells or takes orders for the direct sale of products to the
ultimate consumer.
Sec. 12053 RCW 49.52.010 and 1975 c 34 s 1 are each amended to
read as follows:
All moneys collected by any employer from his or her or its
employees and all money to be paid by any employer as his or her
contribution for furnishing, either directly, or through contract, or
arrangement with a hospital association, corporation, firm, or
individual, of medicine, medical or surgical treatment, nursing,
hospital service, ambulance service, dental service, burial service, or
any or all of the above enumerated services, or any other necessary
service, contingent upon sickness, accident, or death, are hereby
declared to be a trust fund for the purposes for which the same are
collected. The trustees (or their administrator, representative, or
agent under direction of the trustees) of such fund are authorized to
take such action as is deemed necessary to ensure that the employer
contributions are made including, but not limited to filing actions at
law, and filing liens against moneys due to the employer from the
performance of labor or furnishing of materials to which the employees
contributed their services. Such trust fund is subject to the
provisions of chapter 48.52 RCW.
Sec. 12054 RCW 49.52.020 and 1975 c 34 s 2 are each amended to
read as follows:
In case any employer collecting moneys from his or her employees or
making contributions to any type of benefit plan for any or all of the
purposes specified in RCW 49.52.010, shall enter into a contract or
arrangement with any hospital association, corporation, firm, or
individual, to furnish any such service to its employees, the
association, corporation, firm, or individual contracting to furnish
such services, shall have a lien upon such trust fund prior to all
other liens except taxes. The lien hereby created shall attach from
the date of the arrangement or contract to furnish such services and
may be foreclosed in the manner provided by law for the foreclosure of
other liens on personal property.
Sec. 12055 RCW 49.52.050 and 1941 c 72 s 1 are each amended to
read as follows:
Any employer or officer, vice principal or agent of any employer,
whether said employer be in private business or an elected public
official, who
(1) Shall collect or receive from any employee a rebate of any part
of wages theretofore paid by such employer to such employee; or
(2) Wilfully and with intent to deprive the employee of any part of
his or her wages, shall pay any employee a lower wage than the wage
such employer is obligated to pay such employee by any statute,
ordinance, or contract; or
(3) Shall wilfully make or cause another to make any false entry in
any employer's books or records purporting to show the payment of more
wages to an employee than such employee received; or
(4) Being an employer or a person charged with the duty of keeping
any employer's books or records shall wilfully fail or cause another to
fail to show openly and clearly in due course in such employer's books
and records any rebate of or deduction from any employee's wages; or
(5) Shall wilfully receive or accept from any employee any false
receipt for wages;
Shall be guilty of a misdemeanor.
Sec. 12056 RCW 49.52.070 and 1939 c 195 s 3 are each amended to
read as follows:
Any employer and any officer, vice principal or agent of any
employer who shall violate any of the provisions of ((subdivisions (1)
and (2) of)) RCW 49.52.050 (1) and (2) shall be liable in a civil
action by the aggrieved employee or his or her assignee to judgment for
twice the amount of the wages unlawfully rebated or withheld by way of
exemplary damages, together with costs of suit and a reasonable sum for
attorney's fees: PROVIDED, HOWEVER, That the benefits of this section
shall not be available to any employee who has knowingly submitted to
such violations.
Sec. 12057 RCW 49.52.090 and 1935 c 29 s 1 are each amended to
read as follows:
Every person, whether as a representative of an awarding or public
body or officer, or as a contractor or subcontractor doing public work,
or agent or officer thereof, who takes or receives, or conspires with
another to take or receive, for his or her own use or the use of any
other person acting with him or her any part or portion of the wages
paid to any laborer, ((workman)) worker, or mechanic, including a piece
worker and working subcontractor, in connection with services rendered
upon any public work within this state, whether such work is done
directly for the state, or public body or officer thereof, or county,
city and county, city, town, township, district or other political
subdivision of the said state or for any contractor or subcontractor
engaged in such public work for such an awarding or public body or
officer, shall be guilty of a gross misdemeanor.
Sec. 12058 RCW 49.56.010 and Code 1881 s 1972 are each amended to
read as follows:
In all assignments of property made by any person to trustees or
assignees on account of the inability of the person at the time of the
assignment to pay his or her debts, or in proceedings in insolvency,
the wages of the miners, mechanics, ((salesmen)) salespersons,
servants, clerks, or laborers employed by such persons to the amount of
one hundred dollars, each, and for services rendered within sixty days
previously, are preferred claims, and must be paid by such trustees or
assignees before any other creditor or creditors of the assignor.
Sec. 12059 RCW 49.56.020 and Code 1881 s 1973 are each amended to
read as follows:
In case of the death of any employer, the wages of each miner,
mechanic, ((salesman)) salesperson, clerk, servant, and laborer for
services rendered within sixty days next preceding the death of the
employer, not exceeding one hundred dollars, rank in priority next
after the funeral expenses, expenses of the last sickness, the charges
and expenses of administering upon the estate and the allowance to the
widow and infant children, and must be paid before other claims against
the estate of the deceased person.
Sec. 12060 RCW 49.56.030 and Code 1881 s 1974 are each amended to
read as follows:
In cases of executions, attachments, and writs of similar nature
issued against any person, except for claims for labor done, any
miners, mechanics, ((salesmen)) salespersons, servants, clerks, and
laborers who have claims against the defendant for labor done, may give
notice of their claims and the amount thereof, sworn to by the person
making the claim to the creditor and the officer executing either of
such writs at any time before the actual sale of property levied on,
and unless such claim is disputed by the debtor or a creditor, such
officer must pay to such person out of the proceeds of the sale, the
amount each is entitled to receive for services rendered within sixty
days next preceding the levy of the writ, not exceeding one hundred
dollars. If any or all the claims so presented and claiming preference
under this chapter, are disputed by either the debtor or a creditor,
the person presenting the same must commence an action within ten days
from the recovery thereof, and must prosecute his or her action with
due diligence, or be forever barred from any claim of priority of
payment thereof; and the officer shall retain possession of so much of
the proceeds of the sale as may be necessary to satisfy such claim,
until the determination of such action; and in case judgment be had for
the claim or any part thereof, carrying costs, the costs taxable
therein shall likewise be a preferred claim with the same rank as the
original claim.
Sec. 12061 RCW 49.64.030 and 1953 c 45 s 1 are each amended to
read as follows:
Notwithstanding the provisions of RCW 26.16.030, whenever payment
or refund is made to an employee, former employee, or his or her
beneficiary or estate pursuant to and in full compliance with a written
retirement, death, or other employee benefit plan or savings plan, such
payment or refund shall fully discharge the employer and any trustee or
insurance company making such payment or refund from all adverse claims
thereto unless, before such payment or refund is made, the employer or
former employer, where the payment is made by the employer or former
employer, has received at its principal place of business within this
state, written notice by or on behalf of some other person that such
other person claims to be entitled to such payment or refund or some
part thereof, or where a trustee or insurance company is making the
payment, such notice has been received by the trustee or insurance
company at its home office or its principal place of business within
this state, and if none, such notice may be made on the secretary of
state: PROVIDED, HOWEVER, That nothing contained in this section shall
affect any claim or right to any such payment or refund or part thereof
as between all persons other than employer and the trustee or insurance
company making such payment or refund.
Sec. 12062 RCW 49.66.030 and 1973 2nd ex.s. c 3 s 3 are each
amended to read as follows:
An employee association shall be deemed the properly designated
representative of a bargaining unit when it can show evidence that
bargaining rights have been assigned to it by a majority of the
employees in the bargaining unit. Should questions arise concerning
the representative status of any employee organization claiming to
represent a bargaining unit of employees, upon petition by such an
organization, it shall be the duty of the director, acting by himself
or herself or through a designee to investigate and determine the
composition of the organization. Any organization found authorized by
not less than thirty percent of the employees of a bargaining unit
shall be eligible to apply for an election to determine its rights to
represent the unit. If more than one organization shall claim to
represent any unit, the director, or his or her designee, may conduct
an election by secret ballot to determine which organization shall be
authorized to represent the unit. In order to be certified as a
bargaining representative, an employee organization must receive, in a
secret ballot election, votes from a majority of the employees who vote
in the election, except that nothing in this section shall prohibit the
voluntary recognition of a labor organization as a bargaining
representative by an employer upon a showing of reasonable proof of
majority. In any election held pursuant to this section, there shall
be a choice on the ballot for employees to designate that they do not
wish to be represented by any bargaining representative. No
representation election shall be directed in any bargaining unit or any
subdivision thereof within which, in the preceding twelve-month period,
a valid election has been held. Thirty percent of the employees of an
employer may file a petition for a secret ballot election to ascertain
whether the employee organization which has been certified or is
currently recognized by their employer as their bargaining
representative is no longer their bargaining representative.
No employee organization shall be certified as the representative
of employees in a bargaining unit of guards, if such organization
admits to membership, or is affiliated directly or indirectly with an
organization which admits to membership, employees other than guards.
The determination shall be based upon a plurality of votes cast in such
election, and shall remain in effect for a period of not less than one
year. In determining appropriate bargaining units, the director shall
limit such units to groups consisting of registered nurses, licensed
practical nurses or service personnel: PROVIDED, HOWEVER, That if a
majority of each such classification desires inclusion within a single
bargaining unit, they may combine into a single unit.
Sec. 12063 RCW 49.66.050 and 1973 2nd ex.s. c 3 s 4 are each
amended to read as follows:
It shall be an unfair labor practice and unlawful, for any employee
organization or its agent to:
(1) Restrain or coerce (a) employees in the exercise of their right
to refrain from self-organization, or (b) an employer in the selection
of its representatives for purposes of collective bargaining or the
adjustment of grievances;
(2) Cause or attempt to cause an employer to discriminate against
an employee in violation of ((subsection (3) of)) RCW 49.66.040(3) or
to discriminate against an employee with respect to whom membership in
such organization has been denied or terminated on some ground other
than his or her failure to tender the periodic dues and initiation fees
uniformly required as a condition of acquiring or retaining membership;
(3) Refuse to meet and bargain in good faith with an employer,
provided it is the duly designated representative of the employer's
employees for purposes of collective bargaining;
(4) Require of employees covered by a union security agreement the
payment, as a condition precedent to becoming a member of such
organization, of a fee in an amount which the director finds excessive
or discriminatory under all the circumstances. In making such a
finding, the director shall consider, among other relevant factors, the
practices and customs of labor organizations in the particular
industry, and the wages currently paid to the employees affected;
(5) Cause or attempt to cause an employer to pay or deliver or
agree to pay or deliver any money or other thing of value, in the
nature of an exaction, for services which are not performed or not to
be performed;
(6) Enter into any contract or agreement, express or implied,
whereby an employer or other person ceases or refrains, or agrees to
cease or refrain, from handling, using, selling, transporting, or
otherwise dealing in any of the products or services of any other
employer or person, or to cease doing business with any other employer
or person, and any such contract or agreement shall be unenforceable
and void; or
(7) Engage in, or induce or encourage any individual employed by
any employer or to engage in, an activity prohibited by RCW 49.66.060.
Sec. 12064 RCW 49.66.060 and 1972 ex.s. c 156 s 6 are each
amended to read as follows:
No employee organization, bargaining representative, person, or
employee shall authorize, sanction, engage in, or participate in a
strike (including but not limited to a concerted work stoppage of any
kind, concerted slowdown or concerted refusal or failure to report for
work or perform work) or picketing against an employer under any
circumstances, whether arising out of a recognition dispute, bargaining
impasse, or otherwise: PROVIDED, That nothing in this section shall
prohibit picketing or other publicity for the sole purpose of
truthfully advising the public of the existence of a dispute with the
employer, unless an effect of such picketing or other publicity is (a)
to induce any employee of the employer or any other individual, in the
course of his or her employment, not to pick up, deliver, or transfer
goods, not to enter the employer's premises, or not to perform
services; or (b) to induce such an employee or individual to engage in
a strike.
Sec. 12065 RCW 49.66.080 and 1973 2nd ex.s. c 3 s 6 are each
amended to read as follows:
The director shall have the power to make such rules and
regulations not inconsistent with this chapter, including the
establishment of procedures for the hearing and determination of
charges alleging unfair labor practices, and for a determination on
application by either party when an impasse has arisen, and as he or
she shall determine are necessary to effectuate its purpose and to
enable him or her to carry out its provisions.
Sec. 12066 RCW 49.66.090 and 2005 c 433 s 44 are each amended to
read as follows:
In the event that a health care activity and an employees'
bargaining unit shall reach an impasse, the matters in dispute shall be
submitted to a board of arbitration composed of three arbitrators for
final and binding resolution. The board shall be selected in the
following manner: Within ten days, the employer shall appoint one
arbitrator and the employees shall appoint one arbitrator. The two
arbitrators so selected and named shall within ten days agree upon and
select the name of a third arbitrator who shall act as ((chairman))
chair. If, upon the expiration of the period allowed therefor the
arbitrators are unable to agree on the selection of a third arbitrator,
such arbitrator shall be appointed at the request of either party in
accordance with RCW 7.04A.110, and that person shall act as chair of
the arbitration board.
Sec. 12067 RCW 49.66.100 and 1972 ex.s. c 156 s 10 are each
amended to read as follows:
The arbitration board, acting through its ((chairman)) chair, shall
call a hearing to be held within ten days after the date of the
appointment of the ((chairman)) chair. The board shall conduct public
or private hearings. Reasonable notice of such hearings shall be given
to the parties who shall appear and be heard either in person or by
counsel or other representative. Hearings shall be informal and the
rules of evidence prevailing in judicial proceedings shall not be
binding. A recording of the proceedings shall be taken. Any oral or
documentary evidence and other data deemed relevant by the board may be
received in evidence. The board shall have the power to administer
oaths, require the attendance of witnesses, and the production of such
books, papers, contracts, agreements, and documents as may be deemed by
the board material to a just determination of the issues in dispute and
to issue subpoenas. If any person refuses to obey such subpoena or
refuses to be sworn to testify, or any witness, party, or attorney is
guilty of any contempt while in attendance at any hearing held
hereunder, the board may invoke the jurisdiction of any superior court
and such court shall have jurisdiction to issue an appropriate order.
A failure to obey such order may be punished by the court as a contempt
thereof. The hearing conducted by the arbitrators shall be concluded
within twenty days of the time of commencement and, within ten days
after conclusion of the hearings, the arbitrator shall make written
findings and a written opinion upon the issues presented, a copy of
which shall be mailed or otherwise delivered to the employees'
negotiating agent or its attorney or other designated representative
and to the employer or the employer's attorney or designated
representative. The determination of the dispute made by the board
shall be final and binding upon both parties.
Sec. 12068 RCW 49.70.170 and 2004 c 276 s 911 are each amended to
read as follows:
(1) The worker and community right to know fund is hereby
established in the custody of the state treasurer. The department
shall deposit all moneys received under this chapter in the fund.
Moneys in the fund may be spent only for the purposes of this chapter
following legislative appropriation. Disbursements from the fund shall
be on authorization of the director or the director's designee. During
the 2003-2005 fiscal biennium, moneys in the fund may also be used by
the military department for the purpose of assisting the state
emergency response commission and coordinating local emergency planning
activities. The fund is subject to the allotment procedure provided
under chapter 43.88 RCW.
(2) The department shall assess each employer who reported ten
thousand four hundred or more worker hours in the prior calendar year
an annual fee to provide for the implementation of this chapter. The
department shall promulgate rules establishing a fee schedule for all
employers who reported ten thousand four hundred or more worker hours
in the prior calendar year and are engaged in business operations
having a standard industrial classification, as designated in the
standard industrial classification manual prepared by the federal
office of management and budget, within major group numbers 01 through
08 (agriculture and forestry industries), numbers 10 through 14 (mining
industries), numbers 15 through 17 (construction industries), numbers
20 through 39 (manufacturing industries), numbers 41, 42, and 44
through 49 (transportation, communications, electric, gas, and sanitary
services), number 75 (automotive repair, services, and garages), number
76 (miscellaneous repair services), number 80 (health services), and
number 82 (educational services). The department shall establish the
annual fee for each employer who reported ten thousand four hundred or
more worker hours in the prior calendar year in industries identified
by this section, provided that fees assessed shall not be more than two
dollars and fifty cents per full time equivalent employee. The annual
fee shall not exceed fifty thousand dollars. The fees shall be
collected solely from employers whose industries have been identified
by rule under this chapter. The department shall promulgate rules
allowing employers who do not have hazardous substances at their
workplace to request an exemption from the assessment and shall
establish penalties for fraudulent exemption requests. All fees
collected by the department pursuant to this section shall be collected
in a cost-efficient manner and shall be deposited in the fund.
(3) Records required by this chapter shall at all times be open to
the inspection of the director, or his or her designee including, the
traveling auditors, agents, or assistants of the department provided
for in RCW 51.16.070 and 51.48.040. The information obtained from
employer records under the provisions of this section shall be subject
to the same confidentiality requirements as set forth in RCW 51.16.070.
(4) An employer may appeal the assessment of the fee or penalties
pursuant to the procedures set forth in Title 51 RCW and accompanying
rules except that the employer shall not have the right of appeal to
superior court as provided in Title 51 RCW. The employer from whom the
fee or penalty is demanded or enforced, may however, within thirty days
of the board of industrial insurance appeal's final order, pay the fee
or penalty under written protest setting forth all the grounds upon
which such fee or penalty is claimed to be unlawful, excessive, or
otherwise improper and thereafter bring an action in superior court
against the department to recover such fee or penalty or any portion of
the fee or penalty which was paid under protest.
(5) Repayment shall be made to the general fund of any moneys
appropriated by law in order to implement this chapter.
Sec. 13001 RCW 50.01.010 and 2005 c 133 s 2 are each amended to
read as follows:
Whereas, economic insecurity due to unemployment is a serious
menace to the health, morals, and welfare of the people of this state;
involuntary unemployment is, therefore, a subject of general interest
and concern which requires appropriate action by the legislature to
prevent its spread and to lighten its burden which now so often falls
with crushing force upon the unemployed worker and his or her family.
Social security requires protection against this greatest hazard of our
economic life. This can be provided only by application of the
insurance principle of sharing the risks, and by the systematic
accumulation of funds during periods of employment to provide benefits
for periods of unemployment, thus maintaining purchasing powers and
limiting the serious social consequences of relief assistance. The
state of Washington, therefore, exercising herein its police and
sovereign power endeavors by this title to remedy any widespread
unemployment situation which may occur and to set up safeguards to
prevent its recurrence in the years to come. The legislature,
therefore, declares that in its considered judgment the public good,
and the general welfare of the citizens of this state require the
enactment of this measure, under the police powers of the state, for
the compulsory setting aside of unemployment reserves to be used for
the benefit of persons unemployed through no fault of their own, and
that this title shall be liberally construed for the purpose of
reducing involuntary unemployment and the suffering caused thereby to
the minimum.
Sec. 13002 RCW 50.04.040 and 1945 c 35 s 5 are each amended to
read as follows:
"Benefits" means the compensation payable to an individual, as
provided in this title, with respect to his or her unemployment.
Sec. 13003 RCW 50.04.230 and 1991 c 246 s 7 are each amended to
read as follows:
The term "employment" shall not include service performed by an
insurance agent, insurance broker, or insurance solicitor or a real
estate broker or a real estate ((salesman)) salesperson to the extent
he or she is compensated by commission and service performed by an
investment company agent or solicitor to the extent he or she is
compensated by commission. The term "investment company", as used in
this section is to be construed as meaning an investment company as
defined in the act of congress entitled "Investment Company Act of
1940."
Sec. 13004 RCW 50.04.235 and 1957 c 181 s 1 are each amended to
read as follows:
The term "employment" shall not include services as an outside
((salesman)) salesperson of merchandise paid solely by way of
commission; and such services must have been performed outside of all
the places of business of the enterprises for which such services are
performed only.
Sec. 13005 RCW 50.04.290 and 1945 c 35 s 30 are each amended to
read as follows:
"Employment office" means a free public employment office, or
branch thereof, operated by this or any other state as a part of a
state controlled system of public employment offices, or by a federal
agency or any agency of a foreign government charged with the
administration of an unemployment compensation program or free public
employment offices. All claims for unemployment compensation benefits,
registrations for employment, and all job or placement referrals
received or made by any of the employment offices as above defined and
pursuant to regulation of the commissioner subsequent to December 31,
1941, are hereby declared in all respects to be valid. The
commissioner is authorized to make such investigation, secure and
transmit such information, make available such services and facilities
and exercise such of the other powers provided herein with respect to
the administration of this title as he or she deems necessary or
appropriate to facilitate the administration of any state or federal
unemployment compensation or public employment service law and in like
manner to accept and utilize information, services, and facilities made
available to the state by the agency charged with the administration of
any such unemployment compensation or public employment service law.
Any such action taken by the commissioner subsequent to December 31,
1941, is hereby declared to be in all respects valid.
Sec. 13006 RCW 50.04.320 and 1998 c 162 s 1 are each amended to
read as follows:
(1) For the purpose of payment of contributions, "wages" means the
remuneration paid by one employer during any calendar year to an
individual in its employment under this title or the unemployment
compensation law of any other state in the amount specified in RCW
50.24.010. If an employer (hereinafter referred to as a successor
employer) during any calendar year acquires substantially all the
operating assets of another employer (hereinafter referred to as a
predecessor employer) or assets used in a separate unit of a trade or
business of a predecessor employer, and immediately after the
acquisition employs in the individual's trade or business an individual
who immediately before the acquisition was employed in the trade or
business of the predecessor employer, then, for the purposes of
determining the amount of remuneration paid by the successor employer
to the individual during the calendar year which is subject to
contributions, any remuneration paid to the individual by the
predecessor employer during that calendar year and before the
acquisition shall be considered as having been paid by the successor
employer.
(2) For the purpose of payment of benefits, "wages" means the
remuneration paid by one or more employers to an individual for
employment under this title during his or her base year: PROVIDED,
That at the request of a claimant, wages may be calculated on the basis
of remuneration payable. The department shall notify each claimant
that wages are calculated on the basis of remuneration paid, but at the
claimant's request a redetermination may be performed and based on
remuneration payable.
(3) For the purpose of payment of benefits and payment of
contributions, the term "wages" includes tips which are received after
January 1, 1987, while performing services which constitute employment,
and which are reported to the employer for federal income tax purposes.
(4)(a) "Remuneration" means all compensation paid for personal
services including commissions and bonuses and the cash value of all
compensation paid in any medium other than cash. The reasonable cash
value of compensation paid in any medium other than cash and the
reasonable value of gratuities shall be estimated and determined in
accordance with rules prescribed by the commissioner. Remuneration
does not include payments to members of a reserve component of the
armed forces of the United States, including the organized militia of
the state of Washington, for the performance of duty for periods not
exceeding seventy-two hours at a time.
(b) Previously accrued compensation, other than severance pay or
payments received pursuant to plant closure agreements, when assigned
to a specific period of time by virtue of a collective bargaining
agreement, individual employment contract, customary trade practice, or
request of the individual compensated, shall be considered remuneration
for the period to which it is assigned. Assignment clearly occurs when
the compensation serves to make the individual eligible for all regular
fringe benefits for the period to which the compensation is assigned.
(c) Settlements or other proceeds received by an individual as a
result of a negotiated settlement for termination of an individual
written employment contract prior to its expiration date shall be
considered remuneration. The proceeds shall be deemed assigned in the
same intervals and in the same amount for each interval as compensation
was allocated under the contract.
(d) Except as provided in (c) of this subsection, the provisions of
this subsection (4) pertaining to the assignment of previously accrued
compensation shall not apply to individuals subject to RCW 50.44.050.
Sec. 13007 RCW 50.04.330 and 1951 c 265 s 4 are each amended to
read as follows:
Prior to January 1, 1951, the term "wages" shall not include the
amount of any payment by an employing unit for or on behalf of an
individual in its employ under a plan or system established by such
employing unit which makes provision for individuals in its employ
generally, or for a class or classes of such individuals (including any
amount paid by an employing unit for insurance or annuities or into a
fund to provide for any payment) on account of retirement, sickness or
accident disability, or medical and hospitalization expenses in
connection with sickness or accident disability. After December 31,
1950, the term "wages" shall not include:
(1) The amount of any payment made (including any amount paid by an
employing unit for insurance or annuities, or into a fund to provide
for any such payment), to, or on behalf of, an individual or any of his
or her dependents under a plan or system established by an employing
unit which makes provision generally for individuals performing service
for it (or for such individuals generally and their dependents) or for
a class or classes of such individuals (or for a class or classes of
such individuals and their dependents), on account of (a) retirement,
or (b) sickness or accident disability, or (c) medical or
hospitalization expenses in connection with sickness or accident
disability, or (d) death;
(2) The amount of any payment by an employing unit to an individual
performing service for it (including any amount paid by an employing
unit for insurance or annuities, or into a fund, to provide for any
such payment) on account of retirement;
(3) The amount of any payment on account of sickness or accident
disability, or medical or hospitalization expenses in connection with
sickness or accident disability, made by an employing unit to, or on
behalf of, an individual performing services for it after the
expiration of six calendar months following the last calendar month in
which the individual performed services for such employing unit;
(4) The amount of any payment made by an employing unit to, or on
behalf of, an individual performing services for it or his or her
beneficiary (a) from or to a trust exempt from tax under section 165(a)
of the federal internal revenue code at the time of such payment unless
such payment is made to an individual performing services for the trust
as remuneration for such services and not as a beneficiary of the
trust, or (b) under or to an annuity plan which, at the time of such
payments, meets the requirements of section 165(a)(3), (4), (5), and
(6) of the federal internal revenue code; or
(5) The amount of any payment (other than vacation or sick pay)
made to an individual after the month in which he or she attains the
age of sixty-five, if he or she did not perform services for the
employing unit in the period for which such payment is made.
Sec. 13008 RCW 50.04.340 and 1951 c 265 s 5 are each amended to
read as follows:
Prior to January 1, 1951, the term "wages" shall not include the
amount of any payment by an employing unit for or on behalf of an
individual in its employ under a plan or system established by such
employing unit which makes provision for individuals in its employ
generally, or for a class or classes of such individuals (including any
amount paid by an employing unit for insurance or annuities or into a
fund to provide for any payment) on account of death, provided the
individual in its employ
(1) has not the option to receive instead of provisions for such
death benefits, any part of such payment, or, if such death benefit is
insured, any part of the premium (or contributions to premiums) paid by
his or her employing unit; and
(2) has not the right under the provisions of the plan or system or
policy of insurance providing for such death benefits to assign such
benefits or to receive a cash consideration in lieu of such benefits,
either upon his or her withdrawal from the plan or system providing for
such benefits or upon termination of such plan or system or policy of
insurance or of his or her services with such employing unit.
Sec. 13009 RCW 50.04.350 and 1951 c 265 s 2 are each amended to
read as follows:
The term "wages" shall not include the payment by an employing unit
(without deduction from the remuneration of the individual in its
employ) of the tax imposed upon an individual in employment under
section 1400 of the federal internal revenue code, as amended, or any
amount paid to a person in the military service for any pay period
during which he or she performs no service for the employer: PROVIDED,
HOWEVER, That prior to January 1, 1952, the term "wages" shall not
include dismissal payments which an employing unit is not legally
required to make.
Sec. 13010 RCW 50.06.030 and 2002 c 73 s 1 are each amended to
read as follows:
(1) In the case of individuals eligible under RCW 50.06.020(1), an
application for initial determination made pursuant to this chapter, to
be considered timely, must be filed in accordance with RCW 50.20.140
within twenty-six weeks following the week in which the period of
temporary total disability commenced. Notice from the department of
labor and industries shall satisfy this requirement. The records of
the agency supervising the award of compensation shall be conclusive
evidence of the fact of temporary disability and the beginning date of
such disability.
(2) In the case of individuals eligible under RCW 50.06.020(2), an
application for initial determination must be filed in accordance with
RCW 50.20.140 within twenty-six weeks following the week in which the
period of temporary total physical disability commenced. This filing
requirement is satisfied by filing a signed statement from the
attending physician stating the date that the disability commenced and
stating that the individual was unable to reenter the workforce during
the time of the disability. The department may examine any medical
information related to the disability. If the claim is appealed, a
base year employer may examine the medical information related to the
disability and require, at the employer's expense, that the individual
obtain the opinion of a second health care provider selected by the
employer concerning any information related to the disability.
(3) The employment security department shall process and issue an
initial determination of entitlement or nonentitlement as the case may
be.
(4) For the purpose of this chapter, a special base year is
established for an individual consisting of either the first four of
the last five completed calendar quarters or the last four completed
calendar quarters immediately prior to the first day of the calendar
week in which the individual's temporary total disability commenced,
and a special individual benefit year is established consisting of the
entire period of disability and a fifty-two consecutive week period
commencing with the first day of the calendar week immediately
following the week or part thereof with respect to which the individual
received his or her final temporary total disability compensation under
the applicable industrial insurance or crime victims compensation laws,
or the week in which the individual reentered the workforce after an
absence under subsection (2) of this section, as applicable, except
that no special benefit year shall have a duration in excess of three
hundred twelve calendar weeks: PROVIDED HOWEVER, That such special
benefit year will not be established unless the criteria contained in
RCW 50.04.030 has been met, except that an individual meeting the
eligibility requirements of this chapter and who has an unexpired
benefit year established which would overlap the special benefit year
provided by this chapter, notwithstanding the provisions in RCW
50.04.030 relating to the establishment of a subsequent benefit year
and RCW 50.40.010 relating to waiver of rights, may elect to establish
a special benefit year under this chapter: PROVIDED FURTHER, that the
unexpired benefit year shall be terminated with the beginning of the
special benefit year if the individual elects to establish such special
benefit year.
(5) For the purposes of establishing a benefit year, the department
shall initially use the first four of the last five completed calendar
quarters as the base year. If a benefit year is not established using
the first four of the last five calendar quarters as the base year, the
department shall use the last four completed calendar quarters as the
base year.
Sec. 13011 RCW 50.08.010 and 1953 ex.s. c 8 s 3 are each amended
to read as follows:
There is established the employment security department for the
state, to be administered by a commissioner. The commissioner shall be
appointed by the governor with the consent of the senate, and shall
hold office at the pleasure of, and receive such compensation for his
or her services as may be fixed by, the governor.
Sec. 13012 RCW 50.08.020 and 1973 1st ex.s. c 158 s 1 are each
amended to read as follows:
There are hereby established in the employment security department
two coordinate divisions to be known as the unemployment compensation
division, and the Washington state employment service division, each of
which shall be administered by a full time salaried supervisor who
shall be an assistant to the commissioner and shall be appointed by him
or her. Each division shall be responsible to the commissioner for the
dispatch of its distinctive functions. Each division shall be a
separate administrative unit with respect to personnel, budget, and
duties, except insofar as the commissioner may find that such
separation is impracticable.
It is hereby further provided that the governor in his or her
discretion may delegate any or all of the organization, administration,
and functions of the said Washington state employment service division
to any federal agency.
Sec. 13013 RCW 50.12.010 and 2008 c 74 s 5 are each amended to
read as follows:
(1) The commissioner shall administer this title. He or she shall
have the power and authority to adopt, amend, or rescind such rules and
regulations, to employ such persons, make such expenditures, require
such reports, make such investigations, and take such other action as
he or she deems necessary or suitable to that end. Such rules and
regulations shall be effective upon publication and in the manner, not
inconsistent with the provisions of this title, which the commissioner
shall prescribe. The commissioner, in accordance with the provisions
of this title, shall determine the organization and methods of
procedure of the divisions referred to in this title, and shall have an
official seal which shall be judicially noticed. The commissioner
shall submit to the governor a report covering the administration and
operation of this title during the preceding fiscal year, July 1st
through June 30th, and shall make such recommendations for amendments
to this title as he or she deems proper. Such report shall include a
balance sheet of the moneys in the fund in which there shall be
provided, if possible, a reserve against the liability in future years
to pay benefits in excess of the then current contributions, which
reserve shall be set up by the commissioner in accordance with accepted
actuarial principles on the basis of statistics of employment, business
activity, and other relevant factors for the longest possible period.
Whenever the commissioner believes that a change in contribution or
benefit rates will become necessary to protect the solvency of the
fund, he or she shall promptly so inform the governor and legislature
and make recommendations with respect thereto.
(2) There is established a unit within the department for the
purpose of detection and investigation of fraud under this title. The
department will employ supervisory and investigative personnel for the
program, who must be qualified by training and experience.
(3) The commissioner or the commissioner's duly authorized designee
is authorized to receive criminal history record information that
includes nonconviction data for any purpose associated with the
investigation for abuse or fraud under chapter 50.20 RCW.
Dissemination or use of nonconviction data for purposes other than that
authorized in this section is prohibited.
Sec. 13014 RCW 50.12.060 and 1945 c 35 s 45 are each amended to
read as follows:
The commissioner is hereby authorized to enter into arrangements
with the appropriate agencies of other states, foreign governments, or
the federal government whereby services performed by an individual for
a single employing unit for which services are customarily performed in
more than one state shall be deemed to be services performed entirely
within any one of the states (1) in which any part of such individual's
service is performed, or (2) in which such individual has his or her
residence, or (3) in which the employing unit maintains a place of
business: PROVIDED, That there is in effect, as to such services, an
election by the employing unit with the acquiescence of such
individual, approved by the agency charged with the administration of
such state's unemployment compensation law, pursuant to which all the
services performed by such individual for such employing unit are
deemed to be performed entirely within such state.
Sec. 13015 RCW 50.12.080 and 1983 1st ex.s. c 23 s 9 are each
amended to read as follows:
If any employing unit fails to make or file any report or return
required by this title, or any regulation made pursuant hereto, the
commissioner may, upon the basis of such knowledge as may be available
to him or her, arbitrarily make a report on behalf of such employing
unit and the report so made shall be deemed to be prima facie correct.
In any action or proceedings brought for the recovery of contributions,
interest, or penalties due upon the payroll of an employer, the
certificate of the department that an audit has been made of the
payroll of such employer pursuant to the direction of the department,
or a certificate that a return has been filed by or for an employer or
estimated by reason of lack of a return, shall be prima facie evidence
of the amount of such payroll for the period stated in the certificate.
Sec. 13016 RCW 50.12.120 and 1945 c 35 s 51 are each amended to
read as follows:
No person shall be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, and other records
before any duly authorized representative of the commissioner or any
appeal tribunal in obedience to the subpoena of such representative of
the commissioner or such appeal tribunal, on the ground that the
testimony or evidence, documentary or otherwise, required of him or her
may tend to incriminate him or her or subject him or her to a penalty
or forfeiture; but no individual shall be prosecuted or subjected to
any penalty or forfeiture for or on account of any transaction, matter,
or thing concerning which he or she is compelled, after having claimed
his or her privilege against self-incrimination, to testify or produce
evidence, documentary or otherwise, except that such individual so
testifying shall not be exempt from prosecution and punishment for
perjury committed in so testifying.
Sec. 13017 RCW 50.12.150 and 1945 c 35 s 54 are each amended to
read as follows:
The attorney general shall be the general counsel of each and all
divisions and departments under this title and it shall be his or her
duty to institute and prosecute all actions and proceedings which may
be necessary in the enforcement and carrying out of each, every, and
all of the provisions of this title, and it shall be the duty of the
attorney general to assign such assistants and attorneys as may be
necessary to the exclusive duty of assisting each, every, and all
divisions and departments created under this title in the enforcement
of this title. The salaries of such assistants shall be paid out of
the unemployment compensation administration fund, together with their
expenses fixed by the attorney general and allowed by the treasurer of
the unemployment compensation administration fund when approved upon
vouchers by the attorney general.
Sec. 13018 RCW 50.12.160 and 1977 c 75 s 76 are each amended to
read as follows:
The commissioner may cause to be printed for distribution to the
public the text of this title, the regulations and general rules, and
other material which he or she deems relevant and suitable.
Sec. 13019 RCW 50.12.170 and 1945 c 35 s 56 are each amended to
read as follows:
The sheriff of any county, upon request of the commissioner or his
or her duly authorized representative, or upon request of the attorney
general, shall, for and on behalf of the commissioner, perform the
functions of service, distraint, seizure, and sale, authority for which
is granted to the commissioner or his or her duly authorized
representative. No bond shall be required by the sheriff of any county
for services rendered for the commissioner, his or her duly authorized
representative, or the attorney general. The sheriff shall be allowed
such fees as may be prescribed for like or similar official services.
Sec. 13020 RCW 50.16.050 and 1993 c 62 s 8 are each amended to
read as follows:
(1) There is hereby established a fund to be known as the
unemployment compensation administration fund. Except as otherwise
provided in this section, all moneys which are deposited or paid into
this fund are hereby made available to the commissioner. All moneys in
this fund shall be expended solely for the purpose of defraying the
cost of the administration of this title, and for no other purpose
whatsoever. All moneys received from the United States of America, or
any agency thereof, for said purpose pursuant to section 302 of the
social security act, as amended, shall be expended solely for the
purposes and in the amounts found necessary by the secretary of labor
for the proper and efficient administration of this title. All moneys
received from the United States employment service, United States
department of labor, for said purpose pursuant to the act of congress
approved June 6, 1933, as amended or supplemented by any other act of
congress, shall be expended solely for the purposes and in the amounts
found necessary by the secretary of labor for the proper and efficient
administration of the public employment office system of this state.
The unemployment compensation administration fund shall consist of all
moneys received from the United States of America or any department or
agency thereof, or from any other source, for such purpose. All moneys
in this fund shall be deposited, administered, and disbursed by the
treasurer of the unemployment compensation fund under rules and
regulations of the commissioner and none of the provisions of RCW
43.01.050 shall be applicable to this fund. The treasurer last named
shall be the treasurer of the unemployment compensation administration
fund and shall give a bond conditioned upon the faithful performance of
his or her duties in connection with that fund. All sums recovered on
the official bond for losses sustained by the unemployment compensation
administration fund shall be deposited in said fund.
(2) Notwithstanding any provision of this section:
(a) All money requisitioned and deposited in this fund pursuant to
RCW 50.16.030(6) shall remain part of the unemployment compensation
fund and shall be used only in accordance with the conditions specified
in RCW 50.16.030 (4), (5) and (6).
(b) All money deposited in this fund pursuant to RCW 50.38.065
shall be used only after appropriation and only for the purposes of RCW
50.38.060.
Sec. 13021 RCW 50.20.020 and 1949 c 214 s 10 are each amended to
read as follows:
No week shall be counted as a waiting period week,
(1) if benefits have been paid with respect thereto, and
(2) unless the individual was otherwise eligible for benefits with
respect thereto, and
(3) unless it occurs within the benefit year which includes the
week with respect to which he or she claims payment of benefits.
Sec. 13022 RCW 50.20.130 and 1983 1st ex.s. c 23 s 12 are each
amended to read as follows:
If an eligible individual is available for work for less than a
full week, he or she shall be paid his or her weekly benefit amount
reduced by one-seventh of such amount for each day that he or she is
unavailable for work: PROVIDED, That if he or she is unavailable for
work for three days or more of a week, he or she shall be considered
unavailable for the entire week.
Each eligible individual who is unemployed in any week shall be
paid with respect to such week a benefit in an amount equal to his or
her weekly benefit amount less seventy-five percent of that part of the
remuneration (if any) payable to him or her with respect to such week
which is in excess of five dollars. Such benefit, if not a multiple of
one dollar, shall be reduced to the next lower multiple of one dollar.
Sec. 13023 RCW 50.20.150 and 1970 ex.s. c 2 s 7 are each amended
to read as follows:
The applicant for initial determination, his or her most recent
employing unit as stated by the applicant, and any other interested
party which the commissioner by regulation prescribes, shall, if not
previously notified within the same continuous period of unemployment,
be given notice promptly in writing that an application for initial
determination has been filed and such notice shall contain the reasons
given by the applicant for his or her last separation from work. If,
during his or her benefit year, the applicant becomes unemployed after
having accepted subsequent work, and reports for the purpose of
reestablishing his or her eligibility for benefits, a similar notice
shall be given promptly to his or her then most recent employing unit
as stated by him or her, or to any other interested party which the
commissioner by regulation prescribes.
Each base year employer shall be promptly notified of the filing of
any application for initial determination which may result in a charge
to his or her account.
Sec. 13024 RCW 50.20.170 and 1945 c 35 s 85 are each amended to
read as follows:
An individual who has received an initial determination finding
that he or she is potentially entitled to receive waiting period credit
or benefits shall, during the benefit year, be given waiting period
credit or be paid benefits in accordance with such initial
determination for any week with respect to which the conditions of
eligibility for such credit or benefits, as prescribed by this title,
are met, unless the individual is denied waiting period credit or
benefits under the disqualification provisions of this title.
All benefits shall be paid through employment offices in accordance
with such regulations as the commissioner may prescribe.
Sec. 13025 RCW 50.20.180 and 1951 c 215 s 7 are each amended to
read as follows:
If waiting period credit or the payment of benefits shall be denied
to any claimant for any week or weeks, the claimant and such other
interested party as the commissioner by regulation prescribes shall be
promptly issued written notice of the denial and the reasons therefor.
In any case where the department is notified in accordance with such
regulation as the commissioner prescribes or has reason to believe that
the claimant's right to waiting period credit or benefits is in issue
because of his or her separation from work for any reason other than
lack of work, the department shall promptly issue a determination of
allowance or denial of waiting period credit or benefits and the
reasons therefor to the claimant, his or her most recent employing unit
as stated by the claimant, and such other interested party as the
commissioner by regulation prescribes. Notice that waiting period
credit or benefits are allowed or denied shall suffice for the
particular weeks stated in the notice or until the condition upon which
the allowance or denial was based has been changed.
Sec. 13026 RCW 50.22.040 and 1983 1st ex.s. c 23 s 13 are each
amended to read as follows:
The weekly extended benefit amount payable to an individual for a
week of total unemployment in his or her eligibility period shall be an
amount equal to the weekly benefit amount payable to him or her during
his or her applicable benefit year. However, for those individuals
whose eligibility period for extended benefits commences with weeks
beginning after October 1, 1983, the weekly benefit amount, as computed
in RCW 50.20.120(2) and payable under this section, if not a multiple
of one dollar, shall be reduced to the next lower multiple of one
dollar.
Sec. 13027 RCW 50.24.040 and 1987 c 111 s 3 are each amended to
read as follows:
If contributions are not paid on the date on which they are due and
payable as prescribed by the commissioner, the whole or part thereof
remaining unpaid shall bear interest at the rate of one percent per
month or fraction thereof from and after such date until payment plus
accrued interest is received by him or her. The date as of which
payment of contributions, if mailed, is deemed to have been received
may be determined by such regulations as the commissioner may
prescribe. Interest collected pursuant to this section shall be paid
into the administrative contingency fund. Interest shall not accrue on
contributions from any estate in the hands of a receiver, executor,
administrator, trustee in bankruptcy, common law assignee, or other
liquidating officer subsequent to the date when such receiver,
executor, administrator, trustee in bankruptcy, common law assignee, or
other liquidating officer qualifies as such, but contributions accruing
with respect to employment of persons by any receiver, executor,
administrator, trustee in bankruptcy, common law assignee, or other
liquidating officer shall become due and shall draw interest in the
same manner as contributions due from other employers. Where adequate
information has been furnished the department and the department has
failed to act or has advised the employer of no liability or inability
to decide the issue, interest may be waived.
Sec. 13028 RCW 50.24.050 and 1981 c 302 s 39 are each amended to
read as follows:
The claim of the employment security department for any
contributions, interest, or penalties not paid when due, shall be a
lien prior to all other liens or claims and on a parity with prior tax
liens against all property and rights to property, whether real or
personal, belonging to the employer. In order to avail itself of the
lien hereby created, the department shall file with any county auditor
where property of the employer is located a statement and claim of lien
specifying the amount of delinquent contributions, interest, and
penalties claimed by the department. From the time of filing for
record, the amount required to be paid shall constitute a lien upon all
property and rights to property, whether real or personal, in the
county, owned by the employer or acquired by him or her. The lien
shall not be valid against any purchaser, holder of a security
interest, mechanic's lien, or judgment lien creditor until notice
thereof has been filed with the county auditor. This lien shall be
separate and apart from, and in addition to, any other lien or claim
created by, or provided for in, this title. When any such notice of
lien has been so filed, the commissioner may release the same by filing
a certificate of release when it shall appear that the amount of
delinquent contributions, interest, and penalties have been paid, or
when such assurance of payment shall be made as the commissioner may
deem to be adequate. Fees for filing and releasing the lien provided
herein may be charged to the employer and may be collected from the
employer utilizing the remedies provided in this title for the
collection of contributions.
Sec. 13029 RCW 50.24.080 and 1979 ex.s. c 190 s 4 are each
amended to read as follows:
If the commissioner shall have reason to believe that an employer
is insolvent or if any reason exists why the collection of any
contributions accrued will be jeopardized by delaying collection, he or
she may make an immediate assessment thereof and may proceed to enforce
collection immediately, but interest and penalties shall not begin to
accrue upon any contributions until the date when such contributions
would normally have become delinquent.
Sec. 13030 RCW 50.24.090 and 1979 ex.s. c 190 s 5 are each
amended to read as follows:
If the amount of contributions, interest, or penalties assessed by
the commissioner by order and notice of assessment provided in this
title is not paid within ten days after the service or mailing of the
order and notice of assessment, the commissioner or his or her duly
authorized representative may collect the amount stated in said
assessment by the distraint, seizure, and sale of the property, goods,
chattels, and effects of said delinquent employer. There shall be
exempt from distraint and sale under this section such goods and
property as are exempt from execution under the laws of this state.
Sec. 13031 RCW 50.24.100 and 1979 ex.s. c 190 s 6 are each
amended to read as follows:
The commissioner, upon making a distraint, shall seize the property
and shall make an inventory of the property distrained, a copy of which
shall be mailed to the owner of such property or personally delivered
to him or her, and shall specify the time and place when said property
shall be sold. A notice specifying the property to be sold and the
time and place of sale shall be posted in at least two public places in
the county wherein the seizure has been made. The time of sale shall
be not less than ten nor more than twenty days from the date of posting
of such notices. Said sale may be adjourned from time to time at the
discretion of the commissioner, but not for a time to exceed in all
sixty days. Said sale shall be conducted by the commissioner or his or
her authorized representative who shall proceed to sell such property
by parcel or by lot at a public auction, and who may set a minimum
price to include the expenses of making a levy and of advertising the
sale, and if the amount bid for such property at the sale is not equal
to the minimum price so fixed, the commissioner or his or her
representative may declare such property to be purchased by the
employment security department for such minimum price. In such event
the delinquent account shall be credited with the amount for which the
property has been sold. Property acquired by the employment security
department as herein prescribed may be sold by the commissioner or his
or her representative at public or private sale, and the amount
realized shall be placed in the unemployment compensation trust fund.
In all cases of sale, as aforesaid, the commissioner shall issue a
bill of sale or a deed to the purchaser and said bill of sale or deed
shall be prima facie evidence of the right of the commissioner to make
such sale and conclusive evidence of the regularity of his or her
proceeding in making the sale, and shall transfer to the purchaser all
right, title, and interest of the delinquent employer in said property.
The proceeds of any such sale, except in those cases wherein the
property has been acquired by the employment security department, shall
be first applied by the commissioner in satisfaction of the delinquent
account, and out of any sum received in excess of the amount of
delinquent contributions, interest, and penalties the administration
fund shall be reimbursed for the costs of distraint and sale. Any
excess which shall thereafter remain in the hands of the commissioner
shall be refunded to the delinquent employer. Sums so refundable to a
delinquent employer may be subject to seizure or distraint in the hands
of the commissioner by any other taxing authority of the state or its
political subdivisions.
Sec. 13032 RCW 50.24.115 and 2001 c 146 s 8 are each amended to
read as follows:
Whenever any order and notice of assessment or jeopardy assessment
shall have become final in accordance with the provisions of this title
the commissioner may file with the clerk of any county within the state
a warrant in the amount of the notice of assessment plus interest,
penalties, and a filing fee under RCW 36.18.012(10). The clerk of the
county wherein the warrant is filed shall immediately designate a
superior court cause number for such warrant, and the clerk shall cause
to be entered in the judgment docket under the superior court cause
number assigned to the warrant, the name of the employer mentioned in
the warrant, the amount of the tax, interest, penalties, and filing fee
and the date when such warrant was filed. The aggregate amount of such
warrant as docketed shall become a lien upon the title to, and interest
in all real and personal property of the employer against whom the
warrant is issued, the same as a judgment in a civil case duly docketed
in the office of such clerk. Such warrant so docketed shall be
sufficient to support the issuance of writs of execution and writs of
garnishment in favor of the state in the manner provided by law in the
case of civil judgment, wholly or partially unsatisfied. The clerk of
the court shall be entitled to a filing fee under RCW 36.18.012(10),
which shall be added to the amount of the warrant, and charged by the
commissioner to the employer or employing unit. A copy of the warrant
shall be mailed to the employer or employing unit by certified mail to
his or her last known address within five days of filing with the
clerk.
Sec. 13033 RCW 50.24.140 and 1979 ex.s. c 190 s 12 are each
amended to read as follows:
Remedies given to the state under this title for the collection of
contributions, interest, or penalties shall be cumulative and no action
taken by the commissioner or his or her duly authorized representative,
the attorney general, or any other officer shall be construed to be an
election on the part of the state or any of its officers to pursue any
remedy to the exclusion of any other.
Sec. 13034 RCW 50.24.150 and 1979 ex.s. c 190 s 13 are each
amended to read as follows:
No later than three years after the date on which any
contributions, interest, or penalties have been paid, an employer who
has paid such contributions, interest, or penalties may file with the
commissioner a petition in writing for an adjustment thereof in
connection with subsequent contribution payments or for a refund
thereof when such adjustment cannot be made. If the commissioner upon
an ex parte consideration shall determine that such contributions,
interest, penalties, or portion thereof were erroneously collected, he
or she shall allow such employer to make an adjustment thereof without
interest in connection with subsequent contribution payments by him or
her, or if such adjustment cannot be made, the commissioner shall
refund said amount without interest from the unemployment compensation
fund: PROVIDED, HOWEVER, That after June 20, 1953, that refunds of
interest on delinquent contributions or penalties shall be paid from
the administrative contingency fund upon warrants issued by the
treasurer under the direction of the commissioner. For like cause and
within the same period, adjustment or refund may be made on the
commissioner's own initiative. If the commissioner finds that upon ex
parte consideration he or she cannot readily determine that such
adjustment or refund should be allowed, he or she shall deny such
application and notify the employer in writing.
Sec. 13035 RCW 50.29.080 and 1970 ex.s. c 2 s 17 are each amended
to read as follows:
The commissioner may redetermine any contribution rate if, within
three years of the rate computation date he or she finds that the rate
as originally computed was erroneous.
In the event that the redetermined rate is lower than that
originally computed the difference between the amount paid and the
amount which should have been paid on the employer's taxable payroll
for the rate year involved shall be established as a credit against his
or her tax liability; however, if the redetermined rate is higher than
that originally computed the difference between the amount paid and the
amount which should have been paid on the employer's taxable payroll
shall be assessed against the employer as contributions owing for the
rate year involved.
The redetermination of an employer's contribution rate shall not
affect the contribution rates which have been established for any other
employer nor shall such redetermination affect any other computation
made pursuant to this title.
The employer shall have the same rights to request review and
redetermination as he or she had from his or her original rate
determination.
Sec. 13036 RCW 50.32.010 and 1981 c 67 s 30 are each amended to
read as follows:
The commissioner shall establish one or more impartial appeal
tribunals, each of which shall consist of an administrative law judge
appointed under chapter 34.12 RCW who shall decide the issues submitted
to the tribunal. No administrative law judge may hear or decide any
disputed claim in any case in which he or she is an interested party.
Wherever the term "appeal tribunal" or "the appeal tribunal" is used in
this title the same refers to an appeal tribunal established under the
provisions of this section. Notice of any appeal or petition for
hearing taken to an appeal tribunal in any proceeding under this title
may be filed with such agency as the commissioner may by regulation
prescribe.
Sec. 13037 RCW 50.32.080 and 1982 1st ex.s. c 18 s 8 are each
amended to read as follows:
After having acquired jurisdiction for review, the commissioner
shall review the proceedings in question. Prior to rendering his or
her decision, the commissioner may order the taking of additional
evidence by an appeal tribunal to be made a part of the record in the
case. Upon the basis of evidence submitted to the appeal tribunal and
such additional evidence as the commissioner may order to be taken, the
commissioner shall render his or her decision in writing affirming,
modifying, or setting aside the decision of the appeal tribunal.
Alternatively, the commissioner may order further proceedings to be
held before the appeal tribunal, upon completion of which the appeal
tribunal shall issue a decision in writing affirming, modifying, or
setting aside its previous decision. The new decision may be appealed
under RCW 50.32.070. The commissioner shall mail his or her decision
to the interested parties at their last known addresses.
Sec. 13038 RCW 50.32.110 and 1945 c 35 s 127 are each amended to
read as follows:
No individual shall be charged fees of any kind in any proceeding
involving the individual's application for initial determination, or
claim for waiting period credit, or claim for benefits, under this
title by the commissioner or his or her representatives, or by an
appeal tribunal, or any court, or any officer thereof. Any individual
in any such proceeding before the commissioner or any appeal tribunal
may be represented by counsel or other duly authorized agent who shall
neither charge nor receive a fee for such services in excess of an
amount found reasonable by the officer conducting such proceeding.
Sec. 13039 RCW 50.32.150 and 1945 c 35 s 131 are each amended to
read as follows:
In all court proceedings under or pursuant to this title the
decision of the commissioner shall be prima facie correct, and the
burden of proof shall be upon the party attacking the same.
If the court shall determine that the commissioner has acted within
his or her power and has correctly construed the law, the decision of
the commissioner shall be confirmed; otherwise, it shall be reversed or
modified. In case of a modification or reversal the superior court
shall refer the same to the commissioner with an order directing him or
her to proceed in accordance with the findings of the court.
Whenever any order and notice of assessment shall have become final
in accordance with the provisions of this title, the court shall upon
application of the commissioner enter a judgment in the amount provided
for in said order and notice of assessment, and said judgment shall
have and be given the same effect as if entered pursuant to civil
action instituted in said court.
Sec. 13040 RCW 50.36.030 and 1951 c 265 s 13 are each amended to
read as follows:
Employing units or agents thereof supplying information to the
employment security department pertaining to the cause of a benefit
claimant's separation from work, which cause stated to the department
is contrary to that given the benefit claimant by such employing unit
or agent thereof at the time of his or her separation from the
employing unit's employ, shall be guilty of a misdemeanor and shall be
punished by a fine of not less than twenty dollars nor more than two
hundred and fifty dollars or by imprisonment in the county jail for not
more than ninety days.
Sec. 13041 RCW 50.40.020 and 1982 1st ex.s. c 18 s 10 are each
amended to read as follows:
Any assignment, pledge, or encumbrance of any right to benefits
which are or may become due or payable under this title shall be void.
Such rights to benefits shall be exempt from levy, execution,
attachment, or any other remedy whatsoever provided for the collection
of debts, except as provided in RCW 50.40.050. Benefits received by
any individual, so long as they are not commingled with other funds of
the recipient, shall be exempt from any remedy whatsoever for
collection of all debts except debts incurred for necessaries furnished
such individual or his or her spouse or dependents during the time when
such individual was unemployed. Any waiver of any exemption provided
for in this section shall be void.
Sec. 13042 RCW 50.44.040 and 2007 c 386 s 1 are each amended to
read as follows:
The term "employment" as used in RCW 50.44.010, 50.44.020, and
50.44.030 shall not include service performed:
(1) In the employ of (a) a church or convention or association of
churches, or (b) an organization which is operated primarily for
religious purposes and which is operated, supervised, controlled, or
principally supported by a church or convention or association of
churches; however, the employer shall notify its employees as required
by RCW 50.44.045; or
(2) By a duly ordained, commissioned, or licensed minister of a
church in the exercise of his or her ministry or by a member of a
religious order in the exercise of duties required by such order; or
(3) In a facility conducted for the purpose of carrying out a
program of (a) rehabilitation for individuals whose earning capacity is
impaired by age or physical or mental deficiency or injury, or (b)
providing remunerative work for individuals who because of their
impaired physical or mental capacity cannot be readily absorbed in the
competitive labor market, by an individual receiving such
rehabilitation or remunerative work; or
(4) As part of an unemployment work-relief or work-training program
assisted or financed in whole or in part by a federal agency or an
agency of a state or political subdivision thereof, by an individual
receiving such work-relief or work-training; or
(5) For a custodial or penal institution by an inmate of the
custodial or penal institution; or
(6) In the employ of a hospital, if such service is performed by a
patient of such hospital; or
(7) In the employ of a school, college, or university, if such
service is performed (a) by a student who is enrolled and is regularly
attending classes at such school, college, or university, or (b) by the
spouse of such a student, if such spouse is advised, at the time such
spouse commences to perform such service, that (i) the employment of
such spouse to perform such service is provided under a program to
provide financial assistance to such student by such school, college,
or university, and (ii) such employment will not be covered by any
program of unemployment insurance; or
(8) By an individual under the age of twenty-two who is enrolled at
a nonprofit or public educational institution which normally maintains
a regular faculty and curriculum and normally has a regularly organized
body of students in attendance at the place where its educational
activities are carried on as a student in a full time program, taken
for credit at such institution, which combines academic instruction
with work experience, if such service is an integral part of such
program, and such institution has so certified to the employee, except
that this subsection shall not apply to service performed in a program
established for or on behalf of an employer or group of employers; or
(9) In the employ of a nongovernmental preschool which is devoted
exclusively to the area of child development training of preschool age
children through an established curriculum of formal classroom or
laboratory instruction which did not employ four or more individuals on
each of some twenty days during the calendar year or the preceding
calendar year, each day being in a different calendar week; or
(10) In the employ of the state or any of its instrumentalities or
political subdivisions of this state in any of its instrumentalities by
an individual in the exercise of duties:
(a) As an elected official;
(b) As a member of the national guard or air national guard; or
(c) In a policymaking position the performance of the duties of
which ordinarily do not require more than eight hours per week.
Sec. 13043 RCW 50.44.060 and 1990 c 245 s 9 are each amended to
read as follows:
Benefits paid to employees of "nonprofit organizations" shall be
financed in accordance with the provisions of this section. For the
purpose of this section and RCW 50.44.070, the term "nonprofit
organization" is limited to those organizations described in RCW
50.44.010, and joint accounts composed exclusively of such
organizations.
(1) Any nonprofit organization which is, or becomes subject to this
title on or after January 1, 1972, shall pay contributions under the
provisions of RCW 50.24.010 and chapter 50.29 RCW, unless it elects, in
accordance with this subsection, to pay to the commissioner for the
unemployment compensation fund an amount equal to the full amount of
regular and additional benefits and one-half of the amount of extended
benefits paid to individuals for weeks of unemployment that are based
upon wages paid or payable during the effective period of such election
to the extent that such payments are attributable to service in the
employ of such nonprofit organization.
(a) Any nonprofit organization which becomes subject to this title
after January 1, 1972, may elect to become liable for payments in lieu
of contributions for a period of not less than twelve months beginning
with the date on which such subjectivity begins by filing a written
notice of its election with the commissioner not later than thirty days
immediately following the date of the determination of such
subjectivity.
(b) Any nonprofit organization which makes an election in
accordance with ((paragraph)) (a) of this subsection will continue to
be liable for payments in lieu of contributions until it files with the
commissioner a written notice terminating its election not later than
thirty days prior to the beginning of the taxable year for which such
termination shall first be effective.
(c) Any nonprofit organization which has been paying contributions
under this title for a period subsequent to January 1, 1972, may change
to a reimbursable basis by filing with the commissioner not later than
thirty days prior to the beginning of any taxable year a written notice
of election to become liable for payments in lieu of contributions.
Such election shall not be terminable by the organization for that and
the next year.
(d) The commissioner may for good cause extend the period within
which a notice of election, or a notice of termination, must be filed
and may permit an election to be retroactive but not any earlier than
with respect to benefits paid after December 31, 1969.
(e) The commissioner, in accordance with such regulations as the
commissioner may prescribe, shall notify each nonprofit organization of
any determination which the commissioner may make of its status as an
employer and of the effective date of any election which it makes and
of any termination of such election. Any nonprofit organization
subject to such determination and dissatisfied with such determination
may file a request for review and redetermination with the commissioner
within thirty days of the mailing of the determination to the
organization. Should such request for review and redetermination be
denied, the organization may, within ten days of the mailing of such
notice of denial, file with the appeal tribunal a petition for hearing
which shall be heard in the same manner as a petition for denial of
refund. The appellate procedure prescribed by this title for further
appeal shall apply to all denials of review and redetermination under
this paragraph.
(2) Payments in lieu of contributions shall be made in accordance
with the provisions of this section including either ((paragraph)) (a)
or (b) of this subsection.
(a) At the end of each calendar quarter, the commissioner shall
bill each nonprofit organization or group of such organizations which
has elected to make payments in lieu of contributions for an amount
equal to the full amount of regular and additional benefits plus one-half of the amount of extended benefits paid during such quarter that
is attributable to service in the employ of such organization.
(b)(i) Each nonprofit organization that has elected payments in
lieu of contributions may request permission to make such payments as
provided in this paragraph. Such method of payment shall become
effective upon approval by the commissioner.
(ii) At the end of each calendar quarter, or at the end of such
other period as determined by the commissioner, the commissioner shall
bill each nonprofit organization for an amount representing one of the
following:
(A) The percentage of its total payroll for the immediately
preceding calendar year as the commissioner shall determine. Such
determination shall be based each year on the average benefit costs
attributable to service in the employ of nonprofit organizations during
the preceding calendar year.
(B) For any organization which did not pay wages throughout the
four calendar quarters of the preceding calendar year, such percentage
of its payroll during such year as the commissioner shall determine.
(iii) At the end of each taxable year, the commissioner may modify
the quarterly percentage of payroll thereafter payable by the nonprofit
organization in order to minimize excess or insufficient payments.
(iv) At the end of each taxable year, the commissioner shall
determine whether the total of payments for such year made by a
nonprofit organization is less than, or in excess of, the total amount
of regular and additional benefits plus one-half of the amount of
extended benefits paid to individuals during such taxable year based on
wages attributable to service in the employ of such organization. Each
nonprofit organization whose total payments for such year are less than
the amount so determined shall be liable for payment of the unpaid
balance to the fund in accordance with ((paragraph)) (c) of this
subsection. If the total payments exceed the amount so determined for
the taxable year, all of the excess payments will be retained in the
fund as part of the payments which may be required for the next taxable
year, or a part of the excess may, at the discretion of the
commissioner, be refunded from the fund or retained in the fund as part
of the payments which may be required for the next taxable year.
(c) Payment of any bill rendered under ((paragraph)) (a) or (b) of
this subsection shall be made not later than thirty days after such
bill was mailed to the last known address of the nonprofit organization
or was otherwise delivered to it, and if not paid within such thirty
days, the reimbursement payments itemized in the bill shall be deemed
to be delinquent and the whole or part thereof remaining unpaid shall
bear interest and penalties from and after the end of such thirty days
at the rate and in the manner set forth in RCW 50.12.220 and 50.24.040.
(d) Payments made by any nonprofit organization under the
provisions of this section shall not be deducted or deductible, in
whole or in part, from the remuneration of individuals in the employ of
the organization. Any deduction in violation of the provisions of this
paragraph shall be unlawful.
(3) Each employer that is liable for payments in lieu of
contributions shall pay to the commissioner for the fund the total
amount of regular and additional benefits plus the amount of one-half
of extended benefits paid that are attributable to service in the
employ of such employer. If benefits paid to an individual are based
on wages paid by more than one employer and one or more of such
employers are liable for payments in lieu of contributions, the amount
payable to the fund by each employer that is liable for such payments
shall be determined in accordance with the provisions of ((paragraphs))
(a) and (b) of this subsection.
(a) If benefits paid to an individual are based on wages paid by
one or more employers that are liable for payments in lieu of
contributions and on wages paid by one or more employers who are liable
for contributions, the amount of benefits payable by each employer that
is liable for payments in lieu of contributions shall be an amount
which bears the same ratio to the total benefits paid to the individual
as the total base-period wages paid to the individual by such employer
bear to the total base-period wages paid to the individual by all of
his or her base-period employers.
(b) If benefits paid to an individual are based on wages paid by
two or more employers that are liable for payments in lieu of
contributions, the amount of benefits payable by each such employer
shall be an amount which bears the same ratio to the total benefits
paid to the individual as the total base-period wages paid to the
individual by such employer bear to the total base-period wages paid to
the individual by all of his or her base-period employers.
Sec. 13044 RCW 50.44.070 and 1973 c 73 s 11 are each amended to
read as follows:
In the discretion of the commissioner, any nonprofit organization
that elects to become liable for payments in lieu of contributions
shall be required within thirty days after the effective date of its
election, to execute and file with the commissioner a surety bond
approved by the commissioner or it may elect instead to deposit with
the commissioner money or securities. The amount of such bond or
deposit shall be determined in accordance with the provisions of this
section.
(1) The amount of the bond or deposit required by this subsection
shall be an amount deemed by the commissioner to be sufficient to cover
any reimbursement payments which may be required from the employer
attributable to employment during any year for which the election is in
effect but in no event shall such amount be in excess of the amount
which said employer would pay for such year if he or she were subject
to the contribution provisions of this title. The determination made
pursuant to this subsection shall be based on payroll information,
employment experience, and such other factors as the commissioner deems
pertinent.
(2) Any bond deposited under this section shall be in force for a
period of not less than two taxable years and shall be renewed with the
approval of the commissioner, at such times as the commissioner may
prescribe, but not less frequently than at two-year intervals as long
as the organization continues to be liable for payments in lieu of
contributions. The commissioner shall require adjustments to be made
in a previously filed bond as he or she deems appropriate. If the bond
is to be increased, the adjusted bond shall be filed by the
organization within thirty days of the date notice of the required
adjustment was mailed or otherwise delivered to it. Failure by any
organization covered by such bond to pay the full amount of payments in
lieu of contributions when due, together with any applicable interest
and penalties provided for in this title, shall render the surety
liable on said bond to the extent of the bond, as though the surety was
such organization.
(3) Any deposit of money or securities in accordance with this
section shall be retained by the commissioner in an escrow account
until liability under the election is terminated, at which time it
shall be returned to the organization, less any deductions as
hereinafter provided. The commissioner may deduct from the money
deposited under this section by a nonprofit organization or sell the
securities it has so deposited to the extent necessary to satisfy any
due and unpaid payments in lieu of contributions and any applicable
interest and penalties provided for in this act. The commissioner
shall require the organization within thirty days following any
deduction from a money deposit or sale of deposited securities under
the provisions of this subsection to deposit sufficient additional
money or securities to make whole the organization's deposit at the
prior level. Any cash remaining from the sale of such securities shall
be a part of the organization's escrow account. The commissioner may,
at any time review the adequacy of the deposit made by any
organization. If, as a result of such review, he or she determines
that an adjustment is necessary he or she shall require the
organization to make an additional deposit within thirty days of
written notice of his or her determination or shall return to it such
portion of the deposit as he or she no longer considers necessary,
whichever action is appropriate. Disposition of income from securities
held in escrow shall be governed by the applicable provisions of the
state law.
(4) If any nonprofit organization fails to file a bond or make a
deposit, or to file a bond in an increased amount or to increase or
make whole the amount of a previously made deposit, as provided under
this section, the commissioner may terminate such organization's
election to make payments in lieu of contributions and such termination
shall continue for not less than the four-consecutive-calendar-quarter
period beginning with the quarter in which termination becomes
effective: PROVIDED, That the commissioner may extend for good cause
the applicable filing, deposit, or adjustment period by not more than
thirty days.
Sec. 13045 RCW 50.72.060 and 1994 sp.s. c 3 s 6 are each amended
to read as follows:
(1) An application for a grant under this chapter shall be
submitted by the applicant in such form and in accordance with the
requirements as determined by the commissioner.
(2) The application for a grant under this chapter shall contain at
a minimum:
(a) The amount of the grant request and its proposed use;
(b) A description of the applicant and a statement of its
qualifications, including a description of the applicant's past
experience with housing rehabilitation or construction with youth and
youth education and employment training programs, and its relationship
with local unions and apprenticeship programs and other community
groups;
(c) A description of the proposed site for the program;
(d) A description of the educational and job training activities,
work opportunities, and other services that will be provided to
participants;
(e) A description of the proposed construction or rehabilitation
activities to be undertaken and the anticipated schedule for carrying
out such activities;
(f) A description of the manner in which eligible participants will
be recruited and selected, including a description of arrangements
which will be made with federal or state agencies, community-based
organizations, local school districts, the courts of jurisdiction for
status and youth offenders, shelters for homeless individuals and other
agencies that serve homeless youth, foster care agencies, and other
appropriate public and private agencies;
(g) A description of the special outreach efforts that will be
undertaken to recruit eligible young women, including young women with
dependent children;
(h) A description of how the proposed program will be coordinated
with other federal, state, local, and private resources and programs,
including vocational, adult, and bilingual education programs, and job
training programs;
(i) Assurances that there will be a sufficient number of adequately
trained supervisory personnel in the program who have attained ((the))
journey level ((of journeyman)) status or have served an apprenticeship
through the Washington state apprenticeship training council;
(j) A description of the applicant's relationship with building
contractor groups and trade unions regarding their involvement in
training, and the relationship of the youthbuild program with
established apprenticeship and training programs;
(k) A description of activities that will be undertaken to develop
the leadership skills of the participants;
(l) A description of the commitments for any additional resources
to be made available to the local program from the applicant, from
recipients of other federal, state, local, or private sources; and
(m) Other factors the commissioner deems necessary.
Sec. 14001 RCW 51.04.110 and 1982 c 109 s 2 are each amended to
read as follows:
The director shall appoint a workers' compensation advisory
committee composed of ten members: Three representing subject workers,
three representing subject employers, one representing self-insurers,
one representing workers of self-insurers, and two ex officio members,
without a vote, one of whom shall be the ((chairman)) chair of the
board of industrial appeals and the other the representative of the
department. The member representing the department shall be
((chairman)) chair. This committee shall conduct a continuing study of
any aspects of workers' compensation as the committee shall determine
require their consideration. The committee shall report its findings
to the department or the board of industrial insurance appeals for such
action as deemed appropriate. The members of the committee shall be
appointed for a term of three years commencing on July 1, 1971 and the
terms of the members representing the workers and employers shall be
staggered so that the director shall designate one member from each
such group initially appointed whose term shall expire on June 30, 1972
and one member from each such group whose term shall expire on June 30,
1973. The members shall serve without compensation, but shall be
entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060
as now existing or hereafter amended. The committee may hire such
experts, if any, as it shall require to discharge its duties, and may
utilize such personnel and facilities of the department and board of
industrial insurance appeals as it shall need without charge. All
expenses of this committee shall be paid by the department.
Sec. 14002 RCW 51.12.080 and 1973 1st ex.s. c 154 s 92 are each
amended to read as follows:
Inasmuch as it has proved impossible in the case of employees of
common carriers by railroad, engaged in maintenance and operation of
railways doing interstate, foreign, and intrastate commerce, and in
maintenance and construction of their equipment, to separate and
distinguish the connection of such employees with interstate or foreign
commerce from their connection with intrastate commerce, and such
employees have, in fact, received no compensation under this title, the
provisions of this title shall not apply to work performed by such
employees in the maintenance and operation of such railroads or
performed in the maintenance or construction of their equipment, or to
the employees of such common carriers by railroad engaged therein, but
nothing herein shall be construed as excluding from the operation of
this title railroad construction work, or the employees engaged
thereon: PROVIDED, That common carriers by railroad engaged in such
interstate or foreign commerce and in intrastate commerce shall, in all
cases where liability does not exist under the laws of the United
States, be liable in damages to any person suffering injury while
employed by such carrier, or in case of the death of such employee, to
the surviving spouse and child, or children, and if no surviving spouse
or child or children, then to the parents, minor sisters, or minor
brothers, residents of the United States at the time of such death, and
who were dependent upon such deceased for support, to the same extent
and subject to the same limitations as the liability now existing, or
hereafter created, by the laws of the United States governing
recoveries by railroad employees injured while engaged in interstate
commerce: PROVIDED FURTHER, That if any interstate common carrier by
railroad shall also be engaged in one or more intrastate enterprises or
industries (including street railways and power plants) other than its
railroad, the foregoing provisions of this section shall not exclude
from the operation of the other sections of this title or bring under
the foregoing proviso of this section any work of such other enterprise
or industry, the payroll of which may be clearly separable and
distinguishable from the payroll of the maintenance or operation of
such railroad, or of the maintenance or construction of its equipment:
PROVIDED FURTHER, That nothing in this section shall be construed as
relieving an independent contractor engaged through or by his or her
employees in performing work for a common carrier by railroad, from the
duty of complying with the terms of this title, nor as depriving any
employee of such independent contractor of the benefits of this title.
Sec. 14003 RCW 51.14.040 and 1971 ex.s. c 289 s 29 are each
amended to read as follows:
(1) The surety on a bond filed by a self-insurer pursuant to this
title may terminate its liability thereon by giving the director
written notice stating when, not less than thirty days thereafter, such
termination shall be effective.
(2) In case of such termination, the surety shall remain liable, in
accordance with the terms of the bond, with respect to future
compensation for injuries to employees of the self-insurer occurring
prior to the termination of the surety's liability.
(3) If the bond is terminated for any reason other than the
employer's terminating his or her status as a self-insurer, the
employer shall, prior to the date of termination of the surety's
liability, otherwise comply with the requirements of this title.
(4) The liability of a surety on any bond filed pursuant to this
section shall be released and extinguished and the bond returned to the
employer or surety provided either such liability is secured by another
bond filed, or money or securities deposited as required by this title.
Sec. 14004 RCW 51.14.050 and 1971 ex.s. c 289 s 30 are each
amended to read as follows:
(1) Any employer may at any time terminate his or her status as a
self-insurer by giving the director written notice stating when, not
less than thirty days thereafter, such termination shall be effective,
provided such termination shall not be effective until the employer
either shall have ceased to be an employer or shall have filed with the
director for state industrial insurance coverage under this title.
(2) An employer who ceases to be a self-insurer, and who so files
with the director, must maintain money, securities, or surety bonds
deemed sufficient in the director's discretion to cover the entire
liability of such employer for injuries or occupational diseases to his
or her employees which occurred during the period of self-insurance:
PROVIDED, That the director may agree for the medical aid and accident
funds to assume the obligation of such claims, in whole or in part, and
shall adjust the employer's premium rate to provide for the payment of
such obligations on behalf of the employer.
Sec. 14005 RCW 51.14.100 and 1971 ex.s. c 289 s 34 are each
amended to read as follows:
(1) Every employer subject to the provisions of this title shall
post and keep posted in a conspicuous place or places in and about his
or her place or places of business a reasonable number of typewritten
or printed notices of compliance substantially identical to a form
prescribed by the director, stating that such employer is subject to
the provisions of this title. Such notice shall advise whether the
employer is self-insured or has insured with the department, and shall
designate a person or persons on the premises to whom report of injury
shall be made.
(2) Any employer who has failed to open an account with the
department or qualify as a self-insurer shall not post or permit to be
posted on or about his or her place of business or premises any notice
of compliance with this title and any wilful violation of this
subsection by any officer or supervisory employee of an employer shall
be a misdemeanor.
Sec. 14006 RCW 51.16.150 and 1986 c 9 s 4 are each amended to
read as follows:
If any employer shall default in any payment to any fund, the sum
due may be collected by action at law in the name of the state as
plaintiff, and such right of action shall be in addition to any other
right of action or remedy. If such default occurs after demand, the
director may require from the defaulting employer a bond to the state
for the benefit of any fund, with surety to the director's
satisfaction, in the penalty of double the amount of the estimated
payments which will be required from such employer into the said funds
for and during the ensuing one year, together with any penalty or
penalties incurred. In case of refusal or failure after written demand
personally served to furnish such bond, the state shall be entitled to
an injunction restraining the delinquent from prosecuting an occupation
or work until such bond is furnished, and until all delinquent
premiums, penalties, interest, and costs are paid, conditioned for the
prompt and punctual making of all payments into said funds during such
periods, and any sale, transfer, or lease attempted to be made by such
delinquent during the period of any of the defaults herein mentioned,
of his or her works, plant, or lease thereto, shall be invalid until
all past delinquencies are made good, and such bond furnished.
Sec. 14007 RCW 51.16.170 and 1986 c 9 s 5 are each amended to
read as follows:
Separate and apart from and in addition to the foregoing provisions
in this chapter, the claims of the state for payments and penalties due
under this title shall be a lien prior to all other liens or claims and
on a parity with prior tax liens not only against the interest of any
employer, in real estate, plant, works, equipment, and buildings
improved, operated, or constructed by any employer, and also upon any
products or articles manufactured by such employer.
The lien created by this section shall attach from the date of the
commencement of the labor upon such property for which such premiums
are due. In order to avail itself of the lien hereby created, the
department shall, within four months after the employer has made report
of his or her payroll and has defaulted in the payment of his or her
premiums thereupon, file with the county auditor of the county within
which such property is then situated, a statement in writing describing
in general terms the property upon which a lien is claimed and stating
the amount of the lien claimed by the department. If any employer
fails or refuses to make report of his or her payroll, the lien hereby
created shall continue in full force and effect, although the amount
thereof is undetermined and the four months' time within which the
department shall file its claim of lien shall not begin to run until
the actual receipt by the department of such payroll report. From and
after the filing of such claim of lien, the department shall be
entitled to commence suit to cause such lien to be foreclosed in the
manner provided by law for the foreclosure of other liens on real or
personal property, and in such suit the certificate of the department
stating the date of the actual receipt by the department of such
payroll report shall be prima facie evidence of such fact.
Sec. 14008 RCW 51.32.025 and 1987 c 185 s 33 are each amended to
read as follows:
Any payments to or on account of any child or children of a
deceased or temporarily or totally permanently disabled worker pursuant
to any of the provisions of chapter 51.32 RCW shall terminate when any
such child reaches the age of eighteen years unless such child is a
dependent invalid child or is permanently enrolled at a full time
course in an accredited school, in which case such payments after age
eighteen shall be made directly to such child. Payments to any
dependent invalid child over the age of eighteen years shall continue
in the amount previously paid on account of such child until he or she
shall cease to be dependent. Payments to any child over the age of
eighteen years permanently enrolled at a full time course in an
accredited school shall continue in the amount previously paid on
account of such child until the child reaches an age over that provided
for in the definition of "child" in this title or ceases to be
permanently enrolled whichever occurs first. Where the worker sustains
an injury or dies when any of the worker's children is over the age of
eighteen years and is either a dependent invalid child or is a child
permanently enrolled at a full time course in an accredited school the
payment to or on account of any such child shall be made as herein
provided.
Sec. 14009 RCW 51.32.230 and 1979 ex.s. c 151 s 2 are each
amended to read as follows:
Notwithstanding any other provisions of law, any overpayments
previously recovered under the provisions of RCW 51.32.220 as now or
hereafter amended shall be limited to six months' overpayments. Where
greater recovery has already been made, the director, in his or her
discretion, may make restitution in those cases where an extraordinary
hardship has been created.
Sec. 14010 RCW 51.44.120 and 1961 c 23 s 51.44.120 are each
amended to read as follows:
The state treasurer shall be liable on his or her official bond for
the safe custody of the moneys and securities of the several funds, but
all of the provisions of law relating to state depositaries and to the
deposit of state moneys therein shall apply to the several funds and
securities.
Sec. 14011 RCW 51.48.017 and 1985 c 347 s 3 are each amended to
read as follows:
If a self-insurer unreasonably delays or refuses to pay benefits as
they become due there shall be paid by the self-insurer upon order of
the director an additional amount equal to five hundred dollars or
twenty-five percent of the amount then due, whichever is greater, which
shall accrue for the benefit of the claimant and shall be paid to him
or her with the benefits which may be assessed under this title. The
director shall issue an order determining whether there was an
unreasonable delay or refusal to pay benefits within thirty days upon
the request of the claimant. Such an order shall conform to the
requirements of RCW 51.52.050.
Sec. 14012 RCW 51.48.250 and 1986 c 200 s 4 are each amended to
read as follows:
(1) No person, firm, corporation, partnership, association, agency,
institution, or other legal entity, but not including an industrially
injured recipient of health service, shall, on behalf of himself or
herself or others, obtain or attempt to obtain payments under this
chapter in a greater amount than that to which entitled by means of:
(a) A wilful false statement;
(b) Wilful misrepresentation, or by concealment of any material
facts; or
(c) Other fraudulent scheme or device, including, but not limited
to:
(i) Billing for services, drugs, supplies, or equipment that were
not furnished, of lower quality, or a substitution or misrepresentation
of items billed; or
(ii) Repeated billing for purportedly covered items, which were not
in fact so covered.
(2) Any person, firm, corporation, partnership, association,
agency, institution, or other legal entity knowingly violating any of
the provisions of subsection (1) of this section shall be liable for
repayment of any excess payments received, plus interest on the amount
of the excess benefits or payments at the rate of one percent each
month for the period from the date upon which payment was made to the
date upon which repayment is made to the state. Such person or other
entity shall further, in addition to any other penalties provided by
law, be subject to civil penalties. The director of the department of
labor and industries may assess civil penalties in an amount not to
exceed the greater of one thousand dollars or three times the amount of
such excess benefits or payments: PROVIDED, That these civil penalties
shall not apply to any acts or omissions occurring prior to April 1,
1986.
(3) A criminal action need not be brought against a person, firm,
corporation, partnership, association, agency, institution, or other
legal entity for that person or entity to be civilly liable under this
section.
(4) Civil penalties shall be deposited in the general fund upon
their receipt.
Sec. 14013 RCW 51.52.102 and 1963 c 148 s 5 are each amended to
read as follows:
At the time and place fixed for hearing each party shall present
all his or her evidence with respect to the issues raised in the notice
of appeal, and if any party fails so to do, the board may determine the
issues upon such evidence as may be presented to it at said hearing, or
if an appealing party who has the burden of going forward with the
evidence fails to present any evidence, the board may dismiss the
appeal: PROVIDED, That for good cause shown in the record to prevent
hardship, the board may grant continuances upon application of any
party, but such continuances, when granted, shall be to a time and
place certain within the county where the initial hearing was held
unless it shall appear that a continuance elsewhere is required in
justice to interested parties: AND PROVIDED FURTHER, That the board
may continue hearings on its own motion to secure in an impartial
manner such evidence, in addition to that presented by the parties, as
the board, in its opinion, deems necessary to decide the appeal fairly
and equitably, but such additional evidence shall be received subject
to any objection as to its admissibility, and, if admitted in evidence
all parties shall be given full opportunity for cross-examination and
to present rebuttal evidence.
Sec. 14014 RCW 51.52.106 and 1982 c 109 s 9 are each amended to
read as follows:
After the filing of a petition or petitions for review as provided
for in RCW 51.52.104, the proposed decision and order of the industrial
appeals judge, petition or petitions for review and, in its discretion,
the record or any part thereof, may be considered by the board and on
agreement of at least two of the regular members thereof, the board
may, within twenty days after the receipt of such petition or
petitions, decline to review the proposed decision and order and
thereupon deny the petition or petitions. In such event all parties
shall forthwith be notified in writing of said denial: PROVIDED, That
if a petition for review is not denied within said twenty days it shall
be deemed to have been granted. If the petition for review is granted,
the proposed decision and order, the petition or petitions for review
and the record or any part thereof deemed necessary shall be considered
by a panel of at least two of the members of the board, on which not
more than one industry and one labor member serve. The ((chairman))
chair may be a member of any panel. The decision and order of any such
panel shall be the decision and order of the board. Every final
decision and order rendered by the board shall be in writing and shall
contain findings and conclusions as to each contested issue of fact and
law, as well as the board's order based thereon. The board shall, in
all cases, render a final decision and order within one hundred and
eighty days from the date a petition for review is filed. A copy of
the decision and order, including the findings and conclusions, shall
be mailed to each party to the appeal and to his or her attorney of
record.
Sec. 15001 RCW 52.04.111 and 2009 c 115 s 6 are each amended to
read as follows:
When any city, code city, partial city as set forth in RCW
52.04.061(2), or town is annexed to a fire protection district under
RCW 52.04.061 and 52.04.071, any employee of the fire department of
such city, code city, partial city as set forth in RCW 52.04.061(2), or
town who (1) was at the time of annexation employed exclusively or
principally in performing the powers, duties, and functions which are
to be performed by the fire protection district (2) will, as a direct
consequence of annexation, be separated from the employ of the city,
code city, partial city as set forth in RCW 52.04.061(2), or town, and
(3) can perform the duties and meet the minimum requirements of the
position to be filled, then such employee may transfer his or her
employment to the fire protection district as provided in this section
and RCW 52.04.121 and 52.04.131.
For purposes of this section and RCW 52.04.121 and 52.04.131,
employee means an individual whose employment with a city, code city,
partial city as set forth in RCW 52.04.061(2), or town has been
terminated because the city, code city, partial city as set forth in
RCW 52.04.061(2), or town was annexed by a fire protection district for
purposes of fire protection.
Sec. 15002 RCW 52.12.031 and 1995 c 369 s 65 are each amended to
read as follows:
Any fire protection district organized under this title may:
(1) Lease, acquire, own, maintain, operate, and provide fire and
emergency medical apparatus and all other necessary or proper
facilities, machinery, and equipment for the prevention and suppression
of fires, the providing of emergency medical services and the
protection of life and property;
(2) Lease, acquire, own, maintain, and operate real property,
improvements, and fixtures for housing, repairing, and maintaining the
apparatus, facilities, machinery, and equipment described in subsection
(1) of this section;
(3) Contract with any governmental entity under chapter 39.34 RCW
or private person or entity to consolidate, provide, or cooperate for
fire prevention protection, fire suppression, investigation, and
emergency medical purposes. In so contracting, the district or
governmental entity is deemed for all purposes to be acting within its
governmental capacity. This contracting authority includes the
furnishing of fire prevention, fire suppression, investigation,
emergency medical services, facilities, and equipment to or by the
district, governmental entity, or private person or entity;
(4) Encourage uniformity and coordination of fire protection
district operations. The fire commissioners of fire protection
districts may form an association to secure information of value in
suppressing and preventing fires and other district purposes, to hold
and attend meetings, and to promote more economical and efficient
operation of the associated fire protection districts. The
commissioners of fire protection districts in the association shall
adopt articles of association or articles of incorporation for a
nonprofit corporation, select a ((chairman)) chair, secretary, and
other officers as they may determine, and may employ and discharge
agents and employees as the officers deem convenient to carry out the
purposes of the association. The expenses of the association may be
paid from funds paid into the association by fire protection districts:
PROVIDED, That the aggregate contributions made to the association by
a district in a calendar year shall not exceed two and one-half cents
per thousand dollars of assessed valuation;
(5) Enter into contracts to provide group life insurance for the
benefit of the personnel of the fire districts;
(6) Perform building and property inspections that the district
deems necessary to provide fire prevention services and pre-fire
planning within the district and any area that the district serves by
contract in accordance with RCW 19.27.110: PROVIDED, That codes used
by the district for building and property inspections shall be limited
to the applicable codes adopted by the state, county, city, or town
that has jurisdiction over the area in which the property is located.
A copy of inspection reports prepared by the district shall be
furnished by the district to the appropriate state, county, city, or
town that has jurisdiction over the area in which the property is
located: PROVIDED, That nothing in this subsection shall be construed
to grant code enforcement authority to a district. This subsection
shall not be construed as imposing liability on any governmental
jurisdiction;
(7) Determine the origin and cause of fires occurring within the
district and any area the district serves by contract. In exercising
the authority conferred by this subsection, the fire protection
district and its authorized representatives shall comply with the
provisions of RCW ((48.48.060)) 43.44.050;
(8) Perform acts consistent with this title and not otherwise
prohibited by law.
Sec. 15003 RCW 52.14.080 and 1984 c 230 s 35 are each amended to
read as follows:
The fire commissioners shall elect a ((chairman)) chair from their
number and shall appoint a secretary of the district, who may or may
not be a member of the board, for such term as they shall by resolution
determine. The secretary, if a member of the board, shall not receive
additional compensation for serving as secretary.
The secretary of the district shall keep a record of the
proceedings of the board, shall perform other duties as prescribed by
the board or by law, and shall take and subscribe an official oath
similar to that of the fire commissioners which oath shall be filed in
the same office as that of the commissioners.
Sec. 16001 RCW 53.08.091 and 1982 c 75 s 1 are each amended to
read as follows:
Except in cases where the full purchase price is paid at the time
of the purchase, every sale of real property or personal property under
authority of RCW 53.08.090 or 53.25.110 shall be subject to the
following terms and conditions:
(1) The purchaser shall enter into a contract with the district in
which the purchaser shall covenant that he or she will make the
payments of principal and interest when due, and that he or she will
pay all taxes and assessments on such property. Upon failure to make
payments of principal, interest, assessments, or taxes when due all
rights of the purchaser under said contract may, at the election of the
district, after notice to said purchaser, be declared to be forfeited.
When the rights of the purchaser are declared forfeited, the district
shall be released from all obligation to convey land covered by the
contract, and in the case of personal property, the district shall have
all rights granted to a secured party under chapter 62A.9 RCW;
(2) The district may, as it deems advisable, extend the time for
payment of principal and interest due or to become due;
(3) The district shall notify the purchaser in each instance when
payment is overdue, and that the purchaser is liable to forfeiture if
payment is not made within thirty days from the time the same became
due, unless the time be extended by the district;
(4) Not less than four percent of the total purchase price shall be
paid on the date of execution of the contract for sale and not less
than four percent shall be paid annually thereafter until the full
purchase price has been paid, but any purchaser may make full payment
at any time. All unpaid deferred payments shall draw interest at a
rate not less than six percent per annum.
Nothing in this section shall be deemed to supersede other
provisions of law more specifically governing sales of port district
property. It is the purpose of this section to provide additional
authority and procedures for sale of port district property no longer
needed for port purposes.
Sec. 16002 RCW 53.08.208 and 1975 c 60 s 1 are each amended to
read as follows:
Whenever any action, claim, or proceeding is instituted against any
person who is or was an officer, employee, or agent of a port district
established under this title arising out of the performance or failure
of performance of duties for, or employment with any such district, the
commission of the district may grant a request by such person that the
attorney of the district's choosing be authorized to defend said claim,
suit or proceeding, and the costs of defense, attorney's fees, and any
obligation for payment arising from such action may be paid from the
district's funds: PROVIDED, That costs of defense and/or judgment or
settlement against such person shall not be paid in any case where the
court has found that such person was not acting in good faith or within
the scope of his or her employment with or duties for the district.
Sec. 16003 RCW 53.08.390 and 2001 2nd sp.s. c 22 s 1 are each
amended to read as follows:
A countywide port district located in part or in whole within the
Grays Harbor pilotage district, as defined by RCW 88.16.050(2), may
commence pilotage service with the following powers and subject to the
conditions contained in this section.
(1) Persons employed to perform the pilotage service of a port
district must be licensed under chapter 88.16 RCW to provide pilotage.
(2) Before establishing pilotage service, a port district shall
give at least sixty days' written notice to the ((chairman)) chair of
the board of pilotage commissioners to provide pilotage.
(3) A port district providing pilotage service under this section
requiring additional pilots may petition the board of pilotage
commissioners to qualify and license as a pilot a person who has passed
the examination and is on the waiting list for the training program for
the district. If there are no persons on the waiting list, the board
shall solicit applicants and offer the examination.
(4) In addition to the power to employ or contract with pilots, a
port district providing pilotage services under this section has such
other powers as are reasonably necessary to accomplish the purpose of
this section including, but not limited to, providing through ownership
or contract pilots launches, dispatcher services, or ancillary tug
services required for operations or safety.
(5) A port district providing pilotage services under this section
may recommend to the board of pilotage commissioners rules of service,
rates, and tariffs governing its pilotage services for consideration
and adoption pursuant to RCW 88.16.035. The rules, rates, and tariffs
recommended by the port district must have been approved in open
meetings of the port district ten or more days after published notice
in a newspaper of general circulation and after mailing a copy of the
notice to the ((chairman)) chair of the board of pilotage
commissioners.
(6) A pilot providing pilotage services under this section must
comply with all requirements of the pilotage act, chapter 88.16 RCW,
and all rules adopted thereunder.
Sec. 16004 RCW 53.12.265 and 1975 1st ex.s. c 187 s 2 are each
amended to read as follows:
A commissioner of any port district may waive all or any portion of
his or her compensation payable under RCW 53.12.260 as to any month or
months during his or her term of office, by a written waiver filed with
the secretary of the commission. The waiver, to be effective, must be
filed any time after the commissioner's election and prior to the date
on which said compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
Sec. 16005 RCW 53.18.030 and 1975 1st ex.s. c 296 s 38 are each
amended to read as follows:
In determining which employee organization will represent them,
employees shall have maximum freedom in exercising their right of self-organization.
Controversies as to the choice of employee organization within a
port shall be submitted to the public employment relations commission.
Employee organizations may agree with the port district to
independently resolve jurisdictional disputes: PROVIDED, That when no
other procedure is available the procedures of RCW 49.08.010 shall be
followed in resolving such disputes. In such case the ((chairman))
chair of the public employment relations commission shall, at the
request of any employee organization, arbitrate any dispute between
employee organizations and enter a binding award in such dispute.
Sec. 16006 RCW 53.25.020 and 1955 c 73 s 2 are each amended to
read as follows:
It is further found and declared that:
(1) The existence of such marginal lands characterized by any or
all of such conditions constitutes a serious and growing menace which
is condemned as injurious and inimical to the public health, safety,
and welfare of the people of the communities in which they exist and of
the people of the state.
(2) Such marginal lands present difficulties and handicaps which
are beyond remedy and control solely by regulatory processes in the
exercise of the police power.
(3) They contribute substantially and increasingly to the problems
of, and necessitate excessive and disproportionate expenditures for,
crime prevention, correction, prosecution, and punishment, the
treatment of juvenile delinquency, the preservation of the public
health and safety, and the maintaining of adequate police, fire and
accident protection, and other public services and facilities.
(4) This menace is becoming increasingly direct and substantial in
its significance and effect.
(5) The benefits which will result from the remedying of such
conditions and the redevelopment of such marginal lands will accrue to
all the inhabitants and property owners of the communities in which
they exist.
(6) Such conditions of marginal lands tend to further obsolescence,
deterioration, and disuse because of the lack of incentive to the
individual landowner and his or her inability to improve, modernize, or
rehabilitate his or her property while the condition of the neighboring
properties remains unchanged.
(7) As a consequence the process of deterioration of such marginal
lands frequently cannot be halted or corrected except by redeveloping
the entire area, or substantial portions of it.
(8) Such conditions of marginal lands are chiefly found in areas
subdivided into small parcels, held in divided and widely scattered
ownerships, frequently under defective titles, and in many such
instances the private assembly of the land areas for redevelopment is
so difficult and costly that it is uneconomic and as a practical matter
impossible for owners to undertake because of lack of the legal power
and excessive costs.
(9) The remedying of such conditions may require the public
acquisition at fair prices of adequate areas, the redevelopment of the
areas suffering from such conditions under proper supervision, with
appropriate planning, and continuing land use.
(10) The development or redevelopment of land, or both, acquired
under the authority of this chapter constitute a public use and are
governmental functions, and that the sale or leasing of such land after
the same has been developed or redeveloped is merely incidental to the
accomplishment of the real or fundamental purpose, that is, to remove
the condition which caused said property to be marginal property as in
this chapter defined.
Sec. 16007 RCW 53.25.150 and 1984 c 195 s 2 are each amended to
read as follows:
If the commission chooses to sell the property through competitive
bidding under RCW 53.25.140:
(1) Bids may be submitted for the property or any part of it, shall
state the use which the bidder intends to make of it, and the
commission may require the successful bidder to file additional
information as to the intended use, and may require of him or her
security as assurance that the property will be used for that purpose;
(2) All sales shall be made to the best bidder, and in determining
the best bid, the commission may also consider the nature of the
proposed use and the relation thereof to the improvement of the harbor
and the business and facilities thereof;
(3) Within thirty days after the last day for submitting bids, the
commission shall decide which if any bids it accepts. All sales shall
be made upon such terms and conditions as the commission may prescribe.
Sec. 16008 RCW 53.25.160 and 1955 c 73 s 16 are each amended to
read as follows:
The purchaser shall, within one year from the date of purchase,
devote the property to its intended use, or shall commence work on the
improvements thereon to devote it to such use, and if he or she fails
to do so, the port commission may cancel the sale and return the money
paid on the purchase price, and title to the property shall revert to
the district. This remedy shall be in addition to any other remedy
under the terms of the sale. No purchaser shall transfer title to such
property within one year from the date of purchase.
Sec. 16009 RCW 53.34.020 and 1959 c 236 s 2 are each amended to
read as follows:
The district shall have the power to enter into a contract or
contracts for the use of said projects, their approaches and equipment
and from time to time to amend such contracts, with persons and with
private and public corporations, and by said contracts to give such
persons or corporations the right to use said projects, their
approaches and equipment for the transmission of power for telephone
and telegraph lines, for the transportation of water, gas, petroleum,
and other products, for railroad and railway purposes, and for any
other purpose to which the same may be adapted: PROVIDED, That no such
contract shall be for a period longer than ninety-nine years, and that
the projects shall be put to the largest possible number of uses
consistent with the purposes for which such projects are constructed.
In making such contract or contracts and providing for payments and
rentals thereunder the port district shall determine the value of the
separate and different uses to which the projects are to be put and
shall apportion the annual rentals and charges as nearly as possible
according to the respective values of such uses. No such contract
shall be made with any person or corporation unless and until such
person or corporation shall bind himself or herself or itself to pay as
rental therefor an amount determined by the port district and specified
in the contract which shall be a fair and just proportion of the total
amount required to pay interest on the bonds provided for in this
chapter, plus a just proportion of the amount necessary for their
retirement, and plus the cost of maintenance of the projects, their
approaches and equipment.
The port district may require any of such contracts to be entered
into before beginning the construction of said projects or before the
expenditure of funds under the provisions of this chapter if in its
judgment it is deemed expedient.
There shall be no monopoly of the use of said projects, and their
approaches by any one use, or by any person or corporation, private or
public, in respect to the several uses, and the port district may
continue to make separate, additional, and supplemental contracts for
one or more uses until in the judgment of said port district the
capacity of the projects and approaches for any such use has been
reached. When such capacity has been reached contracts for the use of
said projects shall be given preference in regard to such uses
according to the public interest as determined by the port district,
and subsequent contracts shall be subject to all existing and prior
contracts. The port district shall have the power to prescribe
regulations for the use of such facilities by the parties to contracts
for such use, or any of them, and to hear and determine all
controversies which may arise between such parties, under such rules as
the port district may from time to time promulgate; and all contracts
shall expressly reserve such power to the port district.
Sec. 16010 RCW 53.34.140 and 1959 c 236 s 14 are each amended to
read as follows:
Prior to the issuance and delivery of revenue bonds or notes under
the authority of this chapter, such revenue bonds or notes and a
certified copy of the resolution, resolutions, or trust agreements
authorizing such revenue bonds or notes shall be forwarded by the port
commission to the state auditor together with any additional
information requested by him or her, and when such revenue bonds or
notes have been examined they shall be registered by the auditor in
books to be kept by him or her for that purpose, and a certificate of
registration shall be endorsed upon each such revenue bond or note and
signed by the auditor or a deputy appointed by him or her for that
purpose.
Revenue bonds or notes so registered shall then be prima facie
valid and binding obligations of the port district in accordance with
the terms thereof, notwithstanding any defect or irregularity in the
proceedings for the authorization and issuance of such revenue bonds or
notes or in the sale, execution or delivery thereof or in the
application of the proceeds thereof.
Sec. 16011 RCW 53.36.010 and 1983 c 250 s 1 are each amended to
read as follows:
The treasurer of the county in which a port district is located
shall be treasurer of the district unless the commission of a port
district which has for the last three consecutive years received annual
gross operating revenues of one hundred thousand dollars or more,
excluding tax revenues and grants for capital purposes, designates by
resolution some other person having experience in financial or fiscal
matters as treasurer of the port district to act with the same powers
and under the same restrictions as provided by law for a county
treasurer acting on behalf of a port district: PROVIDED, That any port
district which was authorized by the county treasurer to appoint its
own treasurer prior to July 24, 1983, may continue to appoint its own
treasurer. The commission may, and if the treasurer is not the county
treasurer it shall, require a bond, with a surety company authorized to
do business in the state of Washington, in an amount and under the
terms and conditions which the commission by resolution from time to
time finds will protect the district against loss. The premium on such
bonds shall be paid by the district. All district funds shall be paid
to the treasurer and shall be disbursed by him or her upon warrants
signed by a port auditor appointed by the port commission, upon
vouchers approved by the commission.
Sec. 16012 RCW 53.36.050 and 1997 c 393 s 10 are each amended to
read as follows:
The county treasurer acting as port treasurer shall create a fund
to be known as the "Port of . . . . . . Fund," into which shall be paid
all money received by him or her from the collection of taxes in behalf
of such port district, and shall also maintain such other special funds
as may be created by the port commission into which shall be placed
such moneys as the port commission may by its resolution direct. All
such port funds shall be deposited with the county depositories under
the same restrictions, contracts, and security as is provided by
statute for county depositories and all interest collected on such port
funds shall belong to such port district and shall be deposited to its
credit in the proper port funds: PROVIDED, That any portion of such
port moneys determined by the port commission to be in excess of the
current needs of the port district may be invested by the county
treasurer in accordance with RCW 36.29.020, 36.29.022, and chapter
39.59 RCW, and all interest collected thereon shall likewise belong to
such port district and shall be deposited to its credit in the proper
port funds.
Sec. 16013 RCW 53.36.060 and 1933 c 189 s 16 are each amended to
read as follows:
The port commission of any port district may, by resolution, create
an incidental expense fund in such amount as the port commission may
direct. Such incidental expense fund may be kept and maintained in a
bank or banks designated in the resolution creating the fund, and such
depository shall be required to give bonds or securities to the port
district for the protection of such incidental expense fund, in the
full amount of the fund authorized by the said resolution. Vouchers
shall be drawn to reimburse said incidental expense fund and such
vouchers shall be approved by the port commission. Transient labor,
freight, express, cartage, postage, petty supplies, and minor expenses
of the port district may be paid from said incidental expense fund and
all such disbursements therefrom shall be by check of the port auditor
or such other officer as the port commission shall by resolution
direct. All expenditures from said incidental expense fund shall be
covered by vouchers drawn by the port auditor and approved by the
manager or such other officer of the port district as the port
commission may by resolution direct. The officer disbursing said fund
shall be required to give bond to the port district in the full
authorized amount of the said incidental expense fund for the faithful
performance of his or her duties in connection with the disbursement of
moneys from such fund.
Sec. 16014 RCW 53.46.030 and 1965 c 102 s 4 are each amended to
read as follows:
The county canvassing board of election returns shall certify the
results of the election to the board of county commissioners; and if at
such election a majority of voters voting on the question of
consolidation in each port district to be consolidated shall vote in
favor of consolidation, the board of county commissioners shall so
declare, and the port district resulting from the consolidation shall
then be and become a municipal corporation of the state of Washington.
The county auditor shall in such event issue a certificate of election
to the successful candidate from each port commissioner district. If
the proposed district includes area in two or more counties,
certificates of election shall be issued by the principal county
auditor, and the canvassing board of elections shall be made up of the
((chairmen)) chairs of the board of county commissioners, prosecutors,
and the auditors of each county with area within the consolidated port
district. Of the successful port commissioner candidates, if three are
elected, the one receiving the highest number of votes shall serve
until his or her successor is elected and qualified at the third
subsequent regular election for port commissioner, and the ones
receiving the second and third highest numbers of votes shall serve
until their successors are elected and qualified at the second and
first subsequent regular elections for port commissioner, respectively.
If five or seven commissioners are elected, the two with the greatest
number of votes shall serve until their successors are elected and
qualified at the third subsequent regular election of port
commissioners, the two commissioners receiving the next highest number
of votes shall serve until their successors are elected and qualified
at the second subsequent regular election of port commissioners; and
the remaining commissioner or commissioners shall serve until their
successors are elected and qualified at the next regular election of
port commissioners.
Sec. 16015 RCW 53.46.080 and 1965 c 102 s 6 are each amended to
read as follows:
If the district includes area from two or more counties, it shall
be the duty of the county assessor in each county to certify annually
to the auditor of his or her county, who shall forward the same to the
principal county auditor, the total assessed valuation of that part of
the port district which lies within his or her county. The port
commission of such consolidated port district shall certify to the
principal county auditor the budget and the levies to be assessed for
port purposes: PROVIDED, That the amount of tax to be levied upon
taxable property of that part of a port district lying in one county
shall be in such ratio to the whole amount levied upon the property
lying in the entire consolidated port district as the assessed
valuation lying in such county bears to the assessed valuation of the
property in the entire consolidated port district.
Thereafter the principal county auditor shall forward a certificate
to each county auditor, for the county commissioners thereof, which
shall specify the proportion of taxes to be levied for port district
purposes.
Sec. 16016 RCW 53.46.090 and 1965 c 102 s 7 are each amended to
read as follows:
Upon receipt of the certificate from the principal county auditor
as provided in RCW 53.46.080 it shall be the duty of the board of
county commissioners of each county to levy on all taxable property of
the consolidated port district which lies within the county a tax
sufficient to raise the amount necessary to meet the county's
proportionate share of the total tax levy. Such taxes shall be levied
and collected in the same manner as other taxes are levied and
collected. The proceeds shall be forwarded quarterly by the treasurer
of each county to the principal county treasurer. The principal county
treasurer shall place to the credit of said consolidated port district
all funds received from the other county treasurers as well as those
amounts he or she shall have collected for the account of the port
district. The principal county treasurer shall be the treasurer of the
consolidated port district and shall perform all functions required of
a treasurer of a port district.
Sec. 16017 RCW 53.47.030 and 1971 ex.s. c 162 s 3 are each
amended to read as follows:
The county prosecutor of the county in which such port district is
located acting upon his or her own motion shall file such petition for
dissolution with the clerk of the superior court of the county in which
such inactive port district is located. Such petition shall:
(1) Describe with certainty the port district which is declared to
be inactive and which is sought to be dissolved;
(2) Allege with particularity that the port district sought to be
dissolved is inactive within the purview of any of the several
particulars set forth in RCW 53.47.020; and
(3) Request that the court find the port district inactive and
declare it dissolved upon such terms and conditions as the court may
impose and declare.
Sec. 16018 RCW 53.47.040 and 1973 1st ex.s. c 195 s 59 are each
amended to read as follows:
The superior court, upon the filing of such petition, shall set
such petition for hearing not less than one hundred twenty days and not
more than one hundred eighty days after the date of filing said
petition. Further, the court shall order the clerk of said court to
give notice of the time and place fixed for the hearing by publication
of notice in a newspaper of general circulation within such district,
such publication to be once each week for three consecutive weeks, the
date of first publication to be not less than thirty nor more than
seventy days prior to the date fixed for the hearing upon such
petition. Said notice shall further provide that all creditors of said
district, including holders of revenue or general obligation bonds
issued by said district, if any, shall present their claims to the
clerk of said court within ninety days from the date of first
publication of said notice, and that upon failure to do so all such
claims will be forever barred. The clerk shall also mail a copy by
ordinary mail of such notice to all creditors of said district,
including holders of revenue or general obligation bonds issued by said
district, if any, such mailing to be mailed not later than thirty days
after the hearing date has been set. No other or further notices shall
be required at any stage of the proceedings for dissolution of an
inactive port district pursuant to this chapter.
The clerk, ten days prior to the date set for the hearing, shall
deliver to the court the following:
(1) A list of the liabilities of the port district in detail with
the names and addresses of creditors as then known; and
(2) A list of the assets of the port district in detail as then
known.
The court upon hearing the petition shall fix and determine all
such claims subject to proof being properly filed as provided in this
section; shall fix and determine the financial condition of the
district as to its assets and liabilities, and if it finds the port
district to be inactive in respect of any standard of inactivity set
forth by this chapter, shall order the port district to be dissolved
upon the following terms and conditions:
(1) If there be no outstanding debts, or if the debts be less than
the existing assets, the court shall appoint the auditor of the county
in which the port district is located to be trustee of the port's
assets and shall empower such person to wind up and liquidate the
affairs of such district in such manner as the court shall provide and
to file his or her accounting with the court within ninety days from
the date of his or her appointment. Upon the filing of such account,
the court shall fix a date for hearing upon the same and upon approval
thereof, if such accounting be the final accounting, shall enter its
order approving the same and declaring the port district dissolved.
At the request of the trustee the county sheriff may sell, at
public auction, all real and personal property of the port district.
The county sheriff shall cause a notice of such sale fixing the time
and place thereof which shall be at a suitable place, which will be
noted in the advertisement for sale. Such notice shall contain a
description of the property to be sold and shall be signed by the
sheriff or his or her deputy. Such notice shall be published at least
once in an official newspaper in said county at least ten days prior to
the date fixed for said sale. The sheriff or his or her deputy shall
conduct said sale and sell the property described in the notice at
public auction to the highest and best bidder for cash, and upon
payment of the amount of such bid shall deliver the said property to
such bidder. The moneys arising from such sale shall be turned over to
the county auditor acting as trustee: PROVIDED, HOWEVER, That the
sheriff shall first deduct the costs and expenses of the sale from the
moneys and shall apply such moneys to pay said costs and expenses.
The court order shall provide that the assets remaining in the
hands of the trustee shall be transferred to any school district,
districts, or portions of districts, lying within the dissolved port
district boundaries. The transfer of assets shall be prorated to the
districts based on the assessed valuation of said districts.
(2) If the debts exceed the assets of the port district, then the
court shall appoint the auditor of the county in which a port district
is located to be trustee of the port's assets for the purpose of
conserving the same and of paying liability of the port district as
funds become available therefor. The trustee shall be empowered to
generally manage, wind up, and liquidate the affairs of such district
in such manner as the court shall provide and to file his or her
accounting with the court within ninety days from the date of his or
her appointment and as often thereafter as the court shall provide.
The board of county commissioners, acting as pro tempore port district
commissioners under the authority of RCW 53.36.020 shall levy an annual
tax not exceeding forty-five cents per thousand dollars of assessed
value or such lesser amount as may previously have been voted by the
taxpayers within said district, together with an amount deemed
necessary for payment of the costs and expenses attendant upon the
dissolution of said district, upon all the taxable property within said
district, the amount of such levy to be determined from time to time by
the court. When, as shown by the final accounting of the trustee, all
of the indebtedness of the district shall have been satisfied, the cost
and expense of the proceeding paid or provided for, and the affairs of
the district wound up, the court shall declare the district dissolved:
PROVIDED, That if the indebtedness be composed in whole or in part of
bonded debt for which a regular program of retirement has been
provided, then the board of county commissioners shall be directed by
the court to continue to make such annual levies as are required for
the purpose of debt service upon said bonded debt.
Sec. 16019 RCW 53.49.020 and 1943 c 282 s 2 are each amended to
read as follows:
The superior court of any such county shall enter his or her order
authorizing such transfer of funds if he or she is satisfied, after
hearing the petition therefor, that the port district is dissolved and
disestablished or is about to be dissolved and disestablished and that
no obligations of the port district remain unpaid. The court shall
equitably divide such sums of money between school districts if there
be more than one district involved.
Sec. 17001 RCW 54.04.060 and 1951 c 207 s 1 are each amended to
read as follows:
The supervisor of elections or other proper officer of the county
shall give notice of all elections held under this title, for the time
and in the manner and form provided for city, town, school district,
and port district elections. When the supervisor or other officer
deems an emergency exists, and is requested so to do by a resolution of
the district commission, he or she may call a special election at any
time in the district, and he or she may combine or divide precincts for
the purpose of holding special elections, and special elections shall
be conducted and notice thereof given in the manner provided by law.
The supervisor or other officer shall provide polling places,
appoint the election officers, provide their compensation, provide
ballot boxes, and ballots or voting machines, poll books and tally
sheets, and deliver them to the election officers at the polling
places, publish and post notices of the elections in the manner
provided by law, and apportion to the district its share of the expense
of the election.
The manner of conducting and voting at the elections, opening and
closing of polls, keeping of poll lists, canvassing the votes,
declaring the result, and certifying the returns, shall be the same as
for the election of state and county officers, except as otherwise
provided herein.
The district commission shall certify to the supervisor a list of
offices to be filled at a district election and the commission, if it
desires to submit to the voters of the district a proposition, shall
require the secretary of the commission to certify it at the time and
in the manner and form provided for certifying propositions by the
governing board of cities, towns, and port districts.
Sec. 17002 RCW 54.04.120 and 1985 c 95 s 1 are each amended to
read as follows:
In order that the commissioners of a public utility district may be
better able to plan for the marketing of power and for the development
of resources pertaining thereto, they shall have the same powers as are
vested in a board of county commissioners as provided in chapter 44,
Laws of 1935 (sections 9322-2 to 9322-4, both inclusive, and 9322-10 to
9322-11 inclusive, Remington's Revised Statutes, also Pierce's
Perpetual Code 776-3 to -7, 776-19 and -21), entitled: "An Act
relating to city, town, county and regional planning and the creation,
organization, duties and powers of planning commissions." For the
purposes of such act, the president of a public utility district shall
have the powers of the ((chairman)) chair of the board of county
commissioners, and a planning commission created hereunder shall have
the same powers, enumerated in the above sections, with reference to a
public utility district as a county planning commission has with
reference to a county. However, this section shall not be construed to
grant the power to adopt, regulate, or enforce comprehensive plans,
zoning, land use, or building codes.
Sec. 17003 RCW 54.04.140 and 1961 c 139 s 2 are each amended to
read as follows:
Any person affected by RCW 54.04.130 who was employed by the
private utility at the time of acquisition may, at his or her option,
apply to the district and/or appropriate officers, for admission to any
plan available to other employees of the district. Every such person
who was covered at the time of acquisition by a plan with the private
utility shall have added and accredited to his or her period of
employment his or her period of immediately preceding continuous
service with such private utility if he or she remains in the service
of the municipal corporation until such plan for which he or she seeks
admission becomes applicable to him or her.
No such person shall have added and accredited to his or her period
of employment his or her period of service with said private utility
unless he or she or a third party shall pay to the appropriate officer
or fund of the plan to which he or she requests admission his or her
contribution for the period of such service with the private utility at
the rate provided in or for such plan to which he or she desires
admission, or if he or she shall be entitled to any private benefits,
as a result of such private service, unless he or she agrees at the
time of his or her employment with the district to accept a reduction
in the payment of any benefits payable under the plan to which he or
she requests entry that are based in whole or in part on such added and
accredited service by the amount of benefits received. For the
purposes of contributions, the date of entry of service shall be deemed
the date of entry into service with the private utility, which service
is accredited by this section, and the amount of contributions for the
period of accredited service shall be based on the wages or salary of
such person during that added and accredited period of service with the
private utility.
The district may receive such payments from a third party and shall
make from such payments contributions with respect to such prior
service as may be necessary to enable it to assume its obligations.
After such contributions have been made and such service added and
accredited such employee shall be established in the plan to which he
or she seeks admission with all rights, benefits, and privileges that
he or she would have been entitled to had he or she been a member of
the plan from the beginning of his or her immediately preceding
continuous employment with the private utility or of his or her
eligibility.
Sec. 17004 RCW 54.08.010 and 2006 c 344 s 36 are each amended to
read as follows:
At any general election held in an even-numbered year, the county
legislative authority of any county in this state may, or, on petition
of ten percent of the qualified electors of the county based on the
total vote cast in the last general county election held in an even-numbered year, shall, by resolution, submit to the voters of the county
the proposition of creating a public utility district which shall be
coextensive with the limits of the county as now or hereafter
established. A form of petition for the creation of a public utility
district shall be submitted to the county auditor within ten months
prior to the election at which the proposition is to be submitted to
the voters. Petitions shall be filed with the county auditor not less
than four months before the election and the county auditor shall
within thirty days examine the signatures thereof and certify to the
sufficiency or insufficiency thereof. If the petition be found to be
insufficient, it shall be returned to the persons filing the same, who
may amend or add names thereto for ten days, when the same shall be
returned to the county auditor, who shall have an additional fifteen
days to examine the same and attach his or her certificate thereto. No
person having signed the petition shall be allowed to withdraw his or
her name therefrom after the filing of the same with the county
auditor: PROVIDED, That each signature shall be dated and that no
signature dated prior to the date on which the form of petition was
submitted to the county auditor shall be valid. Whenever the petition
shall be certified to as sufficient, the county auditor shall forthwith
transmit the same, together with his or her certificate of sufficiency
attached thereto, to the county legislative authority which shall
submit the proposition to the voters of the county at the next general
election in an even-numbered year according to RCW 29A.04.330. The
notice of the election shall state the boundaries of the proposed
public utility district and the object of such election, and shall in
other respects conform to the requirements of the general laws of the
state of Washington, governing the time and manner of holding
elections. In submitting the question to the voters for their approval
or rejection, the proposition shall be expressed on the ballot
substantially in the following terms:
Public Utility District No. . . . . . . . . . . . . YES □
Public Utility District No. . . . . . . . . . . . . NO □
Any petition for the formation of a public utility district may
describe a less area than the entire county in which the petition is
filed, the boundaries of which shall follow the then existing precinct
boundaries and not divide any voting precinct; and in the event that
such a petition is filed the county legislative authority shall fix a
date for a hearing on such petition, and shall publish the petition,
without the signatures thereto appended, for two weeks prior to the
date of the hearing, together with a notice stating the time of the
meeting when the petition will be heard. The publication, and all
other publications required by chapter 1, Laws of 1931, shall be in a
newspaper of general circulation in the county in which the district is
situated. The hearing on the petition may be adjourned from time to
time, not exceeding four weeks in all. If upon the final hearing the
county legislative authority shall find that any lands have been
unjustly or improperly included within the proposed public utility
district and will not be benefited by inclusion therein, it shall
change and fix the boundary lines in such manner as it shall deem
reasonable and just and conducive to the public welfare and
convenience, and make and enter an order establishing and defining the
boundary lines of the proposed public utility district: PROVIDED, That
no lands shall be included within the boundaries so fixed lying outside
the boundaries described in the petition, except upon the written
request of the owners of those lands. Thereafter the same procedure
shall be followed as prescribed in this chapter for the formation of a
public utility district including an entire county, except that the
petition and election shall be confined solely to the lesser public
utility district.
No public utility district created after September 1, 1979, shall
include any other public utility district within its boundaries:
PROVIDED, That this paragraph shall not alter, amend, or modify
provisions of chapter 54.32 RCW.
Sec. 17005 RCW 54.08.070 and 2006 c 344 s 37 are each amended to
read as follows:
Any district which does not own or operate electric facilities for
the generation, transmission, or distribution of electric power on
March 25, 1969, or any district which hereafter does not construct or
acquire such electric facilities within ten years of its creation,
shall not construct or acquire any such electric facilities without the
approval of such proposal by the voters of such district: PROVIDED,
That a district shall have the power to construct or acquire electric
facilities within ten years following its creation by action of its
commission without voter approval of such action.
At any general election held in an even-numbered year, the proposal
to construct or acquire electric facilities may be submitted to the
voters of the district by resolution of the public utility district
commission or shall be submitted to the voters of the district by the
county legislative authority on petition of ten percent of the
qualified electors of such district, based on the total vote cast in
the last general county election held in an even-numbered year. A form
of petition for the construction or acquisition of electric facilities
by the public utility district shall be submitted to the county auditor
within ten months prior to the election at which such proposition is to
be submitted to the voters. Petitions shall be filed with the county
auditor not less than four months before such election and the county
auditor shall within thirty days examine the signatures thereof and
certify to the sufficiency or insufficiency thereof. If such petition
is found to be insufficient, it shall be returned to the persons filing
the same, who may amend and add names thereto for ten days, when the
same shall be returned to the county auditor, who shall have an
additional fifteen days to examine the same and attach his or her
certificate thereto. No person having signed such petition shall be
allowed to withdraw his or her name therefrom after the filing of the
same with the county auditor: PROVIDED, That each signature shall be
dated and that no signature dated prior to the date on which the form
of petition was submitted to the county auditor shall be valid.
Whenever such petition shall be certified to as sufficient, the county
auditor shall forthwith transmit the same, together with his or her
certificate of sufficiency attached thereto, to the county legislative
authority which shall submit such proposition to the voters of said
district at the next general election in an even-numbered year
according to RCW 29A.04.330. The notice of the election shall state
the object of such election, and shall in other respects conform to the
requirements of the general laws of Washington, governing the time and
manner of holding elections.
The proposal submitted to the voters for their approval or
rejection, shall be expressed on the ballot substantially in the
following terms:
Shall Public Utility District No. . . . . of . . . . . . County
construct or acquire electric facilities for the generation,
transmission or distribution of electric power?
Sec. 17006 RCW 54.12.100 and 1986 c 167 s 23 are each amended to
read as follows:
Each commissioner before he or she enters upon the duties of his or
her office shall take and subscribe an oath or affirmation that he or
she will faithfully and impartially discharge the duties of his or her
office to the best of his or her ability. This oath, or affirmation,
shall be administered and certified by an officer of the county in
which the district is situated, who is authorized to administer oaths,
without charge therefor. The oath or affirmation shall be filed with
the county auditor.
Sec. 17007 RCW 54.16.097 and 1975 c 60 s 2 are each amended to
read as follows:
Whenever any action, claim, or proceeding is instituted against any
person who is or was an officer, employee, or agent of a public utility
district established under this title arising out of the performance or
failure of performance of duties for, or employment with any such
district, the commission of the district may grant a request by such
person that the attorney of the district's choosing be authorized to
defend said claim, suit, or proceeding, and the costs of defense,
attorney's fees, and any obligation for payment arising from such
action may be paid from the district's funds: PROVIDED, That costs of
defense and/or judgment or settlement against such person shall not be
paid in any case where the court has found that such person was not
acting in good faith or within the scope of his or her employment with
or duties for the district.
Sec. 17008 RCW 54.16.150 and 1959 c 142 s 3 are each amended to
read as follows:
When a petition signed by a majority of the landowners in a
proposed local improvement district is filed with the commission,
asking that the improvement therein described be ordered, the
commission shall forthwith fix a date for hearing thereon after which
it shall, by resolution, order the improvement, and may alter the
boundaries of the proposed district; prepare and adopt the improvement;
prepare and adopt detail plans thereof; declare the estimated cost
thereof, what proportion of the cost shall be borne by the local
district, and what proportion, if any, shall be borne by the entire
public utility district, and provide the general funds thereof to be
applied thereto, if any; acquire all lands and other properties
therefor; pay all damages caused thereby; and commence in the name of
the public utility district such eminent domain proceedings and
supplemental assessment or reassessment proceedings to pay all eminent
domain awards necessary to entitle the district to proceed with the
work, and shall thereafter proceed with the work, and shall file with
the county treasurer its roll levying special assessments in the amount
to be paid by special assessment against the property in the local
improvement district in proportion to the special benefits to be
derived by the property in the local district from the improvement:
PROVIDED, HOWEVER, No such improvement shall be ordered unless the same
appears to the commission to be financially and economically feasible:
AND PROVIDED FURTHER, That the commission may require as a condition to
ordering such improvement or to making its determination as to the
financial and economic feasibility, that all or a portion of such
engineering, legal, or other costs incurred or to be incurred by the
commission in determining financial and economic feasibility shall be
borne or guaranteed by the petitioners of the proposed local
improvement district under such rules as the commission may adopt. No
person shall withdraw his or her name from the petition after the same
has been filed with the commission.
Sec. 17009 RCW 54.40.050 and 1994 c 223 s 59 are each amended to
read as follows:
The question of reclassification of a public utility district that
has or had a license from the federal power commission to construct a
hydroelectric project of an estimated cost of more than two hundred
fifty million dollars, including interest during construction, or has
a population of five hundred thousand or more, as a five commissioner
public utility district shall be submitted to the voters if a petition
proposing the change is filed with the county auditor of the county in
which the district is located, identifying the district by number and
praying that an election be held to determine whether it shall become
a five commissioner district. The petition must be signed by a number
of registered voters of the district equal to at least ten percent of
the number of registered voters in the district who voted at the last
general election and include each signer's residence address.
The petition shall be filed with the county auditor for
verification of the validity of the signatures. Within thirty days
after receipt of the petition, the county auditor shall determine the
sufficiency of the petition. If the petition is found insufficient,
the person who filed the same shall be notified by mail and he or she
shall have an additional fifteen days from the date of mailing such
notice within which to submit additional signatures, and the county
auditor shall have an additional thirty days after the submission of
such additional signatures to determine the validity of the entire
petition. No signature may be withdrawn after the petition has been
filed.
If the petition, including these additional signatures if any, is
found sufficient, the county auditor shall certify its sufficiency to
the public utility district and if the commissioners of the public
utility district had certified to the county auditor the eligibility of
the district for reclassification as provided in this chapter, the
county auditor shall submit to the voters of the district the question
of whether the district shall become a five commissioner district. The
election shall be held at the next state general election occurring
sixty or more days after the petition was certified as having
sufficient valid signatures.
Sec. 18001 RCW 58.08.035 and Code 1881 s 2332 are each amended to
read as follows:
All streets, lanes, and alleys, laid off and recorded in accordance
with the foregoing provisions, shall be considered, to all intents and
purposes, public highways, and any person who may lay off any town or
any addition to any town in this state, and neglect or refuse to comply
with the requisitions aforesaid, shall forfeit and pay for the use of
said town, for every month he or she may delay a compliance with the
provisions of this chapter, a sum not exceeding one hundred dollars,
nor less than five dollars, to be recovered by civil action, in the
name of the treasurer of the county.
Sec. 18002 RCW 58.09.030 and 1973 c 50 s 3 are each amended to
read as follows:
Any land surveyor engaged in the practice of land surveying may
prepare maps, plats, reports, descriptions, or other documentary
evidence in connection therewith.
Every map, plat, report, description, or other document issued by
a licensed land surveyor shall comply with the provisions of this
chapter whenever such map, plat, report, description, or other document
is filed as a public record.
It shall be unlawful for any person to sign, stamp, or seal any
map, report, plat, description, or other document for filing under this
chapter unless he or she be a land surveyor.
Sec. 18003 RCW 58.09.040 and 1973 c 50 s 4 are each amended to
read as follows:
After making a survey in conformity with sound principles of land
surveying, a land surveyor may file a record of survey with the county
auditor in the county or counties wherein the lands surveyed are
situated.
(1) It shall be mandatory, within ninety days after the
establishment, reestablishment, or restoration of a corner on the
boundary of two or more ownerships or general land office corner by
survey that a land surveyor shall file with the county auditor in the
county or counties wherein the lands surveyed are situated a record of
such survey, in such form as to meet the requirements of this chapter,
which through accepted survey procedures, shall disclose:
(a) The establishment of a corner which materially varies from the
description of record;
(b) The establishment of one or more property corners not
previously existing;
(c) Evidence that reasonable analysis might result in alternate
positions of lines or points as a result of an ambiguity in the
description;
(d) The reestablishment of lost government land office corners.
(2) When a licensed land surveyor, while conducting work of a
preliminary nature or other activity that does not constitute a survey
required by law to be recorded, replaces, or restores an existing or
obliterated general land office corner, it is mandatory that, within
ninety days thereafter, he or she shall file with the county auditor in
the county in which said corner is located a record of the monuments
and accessories found or placed at the corner location, in such form as
to meet the requirements of this chapter.
Sec. 18004 RCW 58.09.090 and 1992 c 106 s 1 are each amended to
read as follows:
(1) A record of survey is not required of any survey:
(a) When it has been made by a public officer in his or her
official capacity and a reproducible copy thereof has been filed with
the county engineer of the county in which the land is located. A map
so filed shall be indexed and kept available for public inspection. A
record of survey shall not be required of a survey made by the United
States bureau of land management. A state agency conducting surveys to
carry out the program of the agency shall not be required to use a land
surveyor as defined by this chapter;
(b) When it is of a preliminary nature;
(c) When a map is in preparation for recording or shall have been
recorded in the county under any local subdivision or platting law or
ordinance;
(d) When it is a retracement or resurvey of boundaries of platted
lots, tracts, or parcels shown on a filed or recorded and surveyed
subdivision plat or filed or recorded and surveyed short subdivision
plat in which monuments have been set to mark all corners of the block
or street centerline intersections, provided that no discrepancy is
found as compared to said recorded information or information revealed
on other subsequent public survey map records, such as a record of
survey or city or county engineer's map. If a discrepancy is found,
that discrepancy must be clearly shown on the face of the required new
record of survey. For purposes of this exemption, the term discrepancy
shall include:
(i) A nonexisting or displaced original or replacement monument
from which the parcel is defined and which nonexistence or displacement
has not been previously revealed in the public record;
(ii) A departure from proportionate measure solutions which has not
been revealed in the public record;
(iii) The presence of any physical evidence of encroachment or
overlap by occupation or improvement; or
(iv) Differences in linear and/
(2) Surveys exempted by foregoing subsections of this section shall
require filing of a record of corner information pursuant to RCW
58.09.040(2).
Sec. 18005 RCW 58.17.210 and 1974 ex.s. c 134 s 10 are each
amended to read as follows:
No building permit, septic tank permit, or other development
permit, shall be issued for any lot, tract, or parcel of land divided
in violation of this chapter or local regulations adopted pursuant
thereto unless the authority authorized to issue such permit finds that
the public interest will not be adversely affected thereby. The
prohibition contained in this section shall not apply to an innocent
purchaser for value without actual notice. All purchasers' or
transferees' property shall comply with provisions of this chapter and
each purchaser or transferee may recover his or her damages from any
person, firm, corporation, or agent selling or transferring land in
violation of this chapter or local regulations adopted pursuant
thereto, including any amount reasonably spent as a result of inability
to obtain any development permit and spent to conform to the
requirements of this chapter as well as cost of investigation, suit,
and reasonable attorneys' fees occasioned thereby. Such purchaser or
transferee may as an alternative to conforming his or her property to
these requirements, rescind the sale or transfer and recover costs of
investigation, suit, and reasonable attorneys' fees occasioned thereby.
Sec. 18006 RCW 58.28.030 and 1909 c 231 s 3 are each amended to
read as follows:
A plat thereof must be made in triplicate, on a scale of not less
than eighty feet to one inch, which must be duly certified under oath
by the surveyor, one of which must be filed with the county auditor of
the county wherein the city or town is situated, one must be deposited
in the proper United States land office, and one with the city or town
clerk. These plats shall be considered public records, and each must
be accompanied with a copy of the field notes, and the county auditor
must make a record of such plat in a book to be kept by him or her for
that purpose, and such county auditor must file a copy of said field
notes in his or her office. The said surveyor must number the blocks
as divided by the roads, highways, and streets opened and generally
used, and for which a public necessity exists at the time of making
such survey, and must number the several lots consecutively in each
block, and all other parcels of land within said town or city surveyed
as herein provided, which said numbers must be a sufficient description
of any parcel of land in said plats. Said survey and plat thereof
shall conform as near as may be to the existing rights, interests, and
claims of the occupants thereof, but no lot in the central or business
portion of such city or town shall exceed in area four thousand, two
hundred square feet, and no suburban lot in such city or town shall
exceed two acres in area.
Sec. 18007 RCW 58.28.070 and 1909 c 231 s 7 are each amended to
read as follows:
If a stone is used as a monument, it must have a cross cut in the
top at the point of intersection of the center lines of streets, or a
hole may be drilled in the stone to mark such point. If an iron
monument is used it must be at least two inches in diameter by two and
one-half feet in length, and may be either solid iron or pipe. The
dimensions of the monuments must be marked on the plat, and reference
thereto made in the field notes, and establish permanently the lines of
all the streets. The surveyor must make and subscribe on the plat a
certificate that such survey was made in accordance with the provisions
of this chapter, stating the date of survey, and verify the same by his
or her oath.
Sec. 18008 RCW 58.28.080 and 1909 c 231 s 8 are each amended to
read as follows:
All such plats must be made on mounted drawing paper, and filed and
recorded in the office of the county auditor, and he or she must keep
the original plat for public inspection. The fee of such county
auditor for filing and recording each of such plats and the field notes
accompanying the same shall be the sum of ten dollars.
Sec. 18009 RCW 58.28.090 and 1909 c 231 s 9 are each amended to
read as follows:
Each lot or parcel of said lands having thereon valuable
improvements or buildings ordinarily used as dwellings or for business
purposes, not exceeding one-tenth of one acre in area, shall be rated
and assessed by the said corporate authorities at the sum of one
dollar; each lot or parcel of such lands exceeding one-tenth and not
exceeding one-eighth of one acre in area, shall be rated and assessed
at the sum of one dollar and fifty cents; each lot or parcel of such
lands exceeding in area one-eighth of one acre and not exceeding one-quarter of an acre in area, shall be rated and assessed at the sum of
two dollars; and each lot or parcel of such lands exceeding one-quarter
of an acre and not exceeding one-half of one acre in area, shall be
rated and assessed at the sum of two dollars and fifty cents; and each
lot or parcel of land so improved exceeding one-half acre in area shall
be assessed at the rate of two dollars and fifty cents for each half an
acre or fractional part over half an acre; and every lot or parcel of
land enclosed, which may not otherwise be improved, claimed by any
person, corporation, or association, shall be rated and assessed at the
rate of two dollars per acre or fractional part over an acre; and where
upon one parcel of land there shall be two or more separate buildings
occupied or used ordinarily as dwellings or for business purposes each
such building, for the purposes of this section, shall be considered as
standing on a separate lot of land; but the whole of such premises may
be conveyed in one deed; which moneys so assessed must be received by
the clerk and be paid by him or her into the city or town treasury.
Sec. 18010 RCW 58.28.140 and 1909 c 231 s 14 are each amended to
read as follows:
In all cases of adverse claims or disputes arising out of
conflicting claims to lands or concerning boundary lines, the adverse
claimants may submit the decision thereof to the council of such city
or town by an agreement in writing specifying particularly the subject
matter in dispute, and may agree that their decision shall be final.
The council must hear the proofs, and shall order a deed to be executed
or denied in accordance with the facts; but in all other cases of
adverse claims, the party out of possession shall commence his or her
action in a court of competent jurisdiction within six months after the
time of filing of the patent from the United States (or a certified
copy thereof), in the office of the county auditor. In case such
action be commenced, the plaintiff must serve a notice of lis pendens
upon the mayor, who must thereupon stay all proceedings in the matter
of granting any deed to the land in dispute until the final decision in
such suit; and upon presentation of a certified copy of the final
judgment of such court in such action, the council must cause to be
executed and delivered a deed of such premises, in accordance with the
judgment, adjudging the claimant to have been an occupant of any
particular lot or lots at the time of the entry of such townsite in the
United States land office, or to be the successor in interest of such
occupant. If in any action brought under this chapter, or under said
acts of congress, the right to the ground in controversy shall not be
established by either party, the court or jury shall so find and
judgment shall be entered accordingly. In such case costs shall not be
allowed to either party, and neither party shall be entitled to a deed
to the ground in controversy, and in such action it shall be incumbent
upon each claimant to establish that he, she, or it was an occupant of
the ground in controversy within the meaning of the said acts of
congress at the time of the entry of said townsite in the United States
land office, or is the successor in interest of such occupant.
Sec. 18011 RCW 58.28.220 and 1909 c 231 s 22 are each amended to
read as follows:
The judge of the superior court of any county in this state,
whenever he or she is so requested by a petition signed by not less
than five residents, householders in any such unincorporated town,
whose names appear upon the assessment roll for the year preceding such
application in the county wherein such unincorporated town is
situated -- which petition shall set forth the existence, name, and
locality of such town, whether such town is situated on surveyed or
unsurveyed lands, and if on surveyed lands an accurate description
according to the government survey of the legal subdivisions sought to
be entered as a government townsite must be stated; the estimated
number of its inhabitants; the approximate number of separate lots or
parcels of land within such townsite, and the amount of land to which
they are entitled under such acts of congress -- must estimate the cost
of entering such land, and of the survey, platting, and recording of
the same, and must endorse such estimate upon such petition, and upon
receiving from any of the parties interested the amount of money
mentioned in such estimate, the said judge may cause an enumeration of
the inhabitants of such town to be made by some competent person,
exhibiting therein the names of all persons residing in said proposed
townsite and the names of occupants of lots, lands, or premises within
such townsite, alphabetically arranged, verified by his or her oath,
and cause such enumeration to be presented to such judge.
Sec. 18012 RCW 58.28.240 and 1909 c 231 s 24 are each amended to
read as follows:
The plat thereof must be made in triplicate on a scale of not less
than eighty feet to an inch, which must be duly certified under oath by
the surveyor, one of which must be filed with the county auditor of the
county wherein such unincorporated town is situated, one must be
deposited in the proper United States land office, and one with such
judge. These plats shall constitute public records, and must each be
accompanied by a copy of the field notes, and the county auditor must
make a record of such plat in a book to be kept by him or her for that
purpose, and such county auditor must file such copy of said field
notes in his or her office. The said surveyor must number and survey
the blocks as divided by the roads, and streets opened and generally
used and for which a public necessity exists, at the time of making
such survey, and must number the several lots consecutively in each
block, and all other parcels of land within said unincorporated town as
herein provided, which said numbers must be a sufficient description of
any parcel of land represented on said plats. Said survey and plat
thereof shall conform as nearly as may be to the existing rights,
interest, and claims of the occupants thereof, but no lot in the center
or business portion of said unincorporated town shall exceed in area
four thousand two hundred feet, and no suburban lot in such
unincorporated town shall exceed two acres in area.
Sec. 18013 RCW 58.28.280 and 1909 c 231 s 28 are each amended to
read as follows:
If a stone is used as a monument it must have a cross cut in the
top at the point of intersection of center lines of streets, or a hole
may be drilled in the stone to mark such point. If an iron monument is
used it must be at least two inches in diameter by two and one-half
feet in length, and may be either solid iron or pipe. The dimensions
of the monuments must be marked on the plat, and reference thereto made
in the field notes, and establish permanently the lines of all the
streets. The surveyor must make and subscribe on the plat a
certificate that such survey was made in accordance with the provisions
of this chapter, stating the date of survey, and verify the same by his
or her oath.
Sec. 18014 RCW 58.28.290 and 1909 c 231 s 29 are each amended to
read as follows:
All such plats must be made on mounted drawing paper, and filed and
recorded in the office of the county auditor, and he or she must keep
the original plat for public inspection. The fee of such county
auditor for filing and recording each of such plats, and the field
notes accompanying the same shall be the sum of ten dollars.
Sec. 18015 RCW 58.28.300 and 1909 c 231 s 30 are each amended to
read as follows:
Each lot or parcel of said lands having thereon valuable
improvements or buildings ordinarily used as dwellings or for business
purposes, not exceeding one-tenth of one acre in area, shall be rated
and assessed by the said judge at the sum of one dollar; each lot or
parcel of such lands exceeding one-tenth, and not exceeding one-eighth
of one acre in area, shall be rated and assessed at the sum of one
dollar and ((five [fifty])) fifty cents; each lot or parcel of such
lands exceeding in area one-eighth of one acre and not exceeding one-quarter of an acre in area, shall be rated and assessed at the sum of
two dollars; and each lot or parcel of such lands exceeding one-quarter
of an acre and not exceeding one-half of one acre in area, shall be
rated and assessed at the sum of two dollars and fifty cents; and each
lot or parcel of land so improved, exceeding one-half acre in area,
shall be assessed at the rate of two dollars and fifty cents for each
half an acre or fractional part over half an acre; and every lot or
parcel of land enclosed, which may not otherwise be improved, claimed
by any person, corporation, or association, shall be rated and assessed
at the rate of two dollars per acre or fractional part over an acre;
and where upon one parcel of land there shall be two or more separate
buildings occupied or used ordinarily as dwellings or for business
purposes, each such building, for the purposes of this section, shall
be considered as standing on a separate lot of land; but the whole of
such premises may be conveyed in one deed; which moneys so assessed
must constitute a fund from which must be reimbursed or paid the moneys
necessary to pay the government of the United States for said townsite
lands, and interest thereon, if such moneys have been loaned or
advanced for the purpose and expenses of their location, entry and
purchase, and cost and expenses attendant upon the making of such
survey, plats, publishing and recording, including a reasonable
attorney's fee for legal services necessarily performed, and the
persons or occupants in such townsite procuring said townsite entry to
be made, may employ an attorney to assist them in so doing and to
assist such judge in the execution of his or her trust, and he or she
shall be allowed by such judge out of said fund a reasonable
compensation for his or her services.
Sec. 18016 RCW 58.28.310 and 1909 c 231 s 31 are each amended to
read as follows:
Every person, company, corporation, or association, claimant of any
town lot or parcel of land, within the limits of such townsite, must
present to such judge within three months after the patent (or a
certified copy thereof), from the United States has been filed in the
office of the county auditor, his, her, or its ((or their)) affidavit,
(or by guardian or next friend where the claimant is under disability),
verified in person, or by duly authorized agent or attorney, guardian
or next friend, in which must be concisely stated the facts
constituting the possession or right of possession of the claimant and
that the claimant is entitled to the possession thereof and to a deed
therefor as against all other persons or claimants, to the best of his
or her knowledge and belief, and in which must be stated who was an
occupant of such lot or parcel of land at the time of the entry of such
townsite at the United States land office, to which must be attached a
copy of so much of the plat of said townsite as will fully exhibit the
particular lots or parcels of land so claimed; and every such claimant,
at the time of presenting and filing such affidavit with said judge,
must pay to such judge such sum of money as said judge shall certify to
be due for the assessment mentioned in RCW 58.28.300, together with the
further sum of four dollars, to be appropriated to the payment of cost
and expenses incurred in carrying out the provisions of this chapter,
and the said judge must thereupon give to such claimant a certificate,
signed by him or her and attested by the seal of the superior court,
containing a description of the lot or parcel of land claimed, and
setting forth the amounts paid thereon by such claimant. Such judge
must procure a bound book for each unincorporated government townsite
in his or her county wherein he or she must make proper entries of the
substantial matters contained in such certificate issued by him or her,
numbering the same in consecutive order, setting forth the name of the
claimant or claimants in full, date of issue, and description of the
lot or lands claimed.
Sec. 18017 RCW 58.28.350 and 1909 c 231 s 35 are each amended to
read as follows:
In all cases of adverse claims or disputes arising out of
conflicting claims to land or concerning boundary lines, the adverse
claimants may submit the decision thereof to said judge by an agreement
in writing specifying particularly the subject matter in dispute and
may agree that his or her decision shall be final. The said judge must
hear the proofs, and shall execute a deed or deny the execution of a
deed in accordance with the facts; but in all other cases of adverse
claims the party out of possession shall commence his or her action in
a court of competent jurisdiction within six months after the filing of
the patent (or a certified copy thereof) from the United States, in the
office of the county auditor. In case such action be commenced within
the time herein limited, the plaintiff must serve notice of lis pendens
upon such judge, who must thereupon stay all proceedings in the matter
of granting or executing any deed to the land in dispute until the
final decision in such suit; upon presentation of a certified copy of
the final judgment in such action, such judge must execute and deliver
a deed of the premises, in accordance with the judgment, adjudging the
claimant to have been an occupant of any particular lot or lots at the
time of the entry of such townsite in the United States land office, or
to be the successor in interest of such occupant.
Sec. 18018 RCW 58.28.390 and 1909 c 231 s 39 are each amended to
read as follows:
All lots in such townsite which were unoccupied within the meaning
of the said acts of congress at the time of the entry of said townsite
in the United States land office shall be sold by such judge or under
his or her direction, at public auction to the highest bidder for cash,
each lot to be sold separately, and notice of such sale, or sales,
shall be given by posting five written or printed notices in public
places within said townsite, giving the time and particular place of
sale, which notices must be posted at least thirty days prior to the
date of any such sale, and by publishing a like notice for four
consecutive weeks prior to any such sale in a newspaper published in
such town, or if no newspaper be published in such town, then in some
newspaper having general circulation in such town. And deed shall be
given therefor to the several purchasers: PROVIDED, That no such
unoccupied lot shall be sold for less than five dollars in addition to
an assessment equivalent to assessment provided for in RCW 58.28.300,
and all moneys arising from such sale or sales after deducting the cost
and expenses of such sale or sales shall be placed in the fund
hereinbefore mentioned.
Sec. 18019 RCW 58.28.410 and 1909 c 231 s 41 are each amended to
read as follows:
Any sum of money remaining in said fund after defraying all
necessary expenses of location, entry, surveying, platting,
advertising, filing and recording, reimbursement of moneys loaned or
advanced and paying the cost and expenses herein authorized and
provided for must be deposited in the county treasury by such judge to
the credit of a special fund of each particular town, and kept separate
by the county treasurer to be paid out by him or her only upon the
written order of such judge in payment for making public improvements,
or for public purposes, in such town.
Sec. 18020 RCW 58.28.460 and 1909 c 231 s 46 are each amended to
read as follows:
Such judge when fulfilling the duties imposed upon him or her by
said acts of congress, and by this chapter, must keep a correct account
of all moneys received and paid out by him or her. He or she must
deposit all surplus money with the treasurer of the proper county, and
he or she must promptly settle up all the affairs relating to his or
her trust pertaining to such town.
Sec. 18021 RCW 58.28.470 and 1909 c 231 s 47 are each amended to
read as follows:
Whenever the affairs pertaining to such trust shall be finally
settled and disposed of by such judge, he or she shall deposit all
books and papers relating thereto in the office of the county clerk of
the proper county to be thereafter kept in the custody of such county
clerk as public records, and the county clerk's fee, for the use of his
or her county therefor, shall be the sum of ten dollars.
Sec. 18022 RCW 58.28.480 and 1909 c 231 s 48 are each amended to
read as follows:
Every such judge when fulfilling the duties imposed upon him or her
by said acts of congress, and by this chapter, shall be deemed and held
to be acting as a trustee for the purposes of fulfilling the purposes
of said acts and not as a superior court, and such judge shall be
deemed to be disqualified to sit as judge of such superior court in any
action or proceeding wherein is involved the execution of such trust or
rights involved therein.
Sec. 18023 RCW 58.28.500 and 1909 c 231 s 51 are each amended to
read as follows:
The successors in office of such superior court judge shall be his
or her successors as trustee of such trust.
Sec. 18024 RCW 58.28.510 and 1909 c 231 s 52 are each amended to
read as follows:
The judge of the superior court of any county is hereby declared to
be the successor as trustee of any territorial probate judge in such
county who was trustee under any such acts of congress, and may as such
succeeding trustee perform any unperformed duties of his or her
predecessor in office as such trustee, agreeably to the provisions of
this chapter as nearly as may be. And when entry was made by any such
probate judge under any of said acts of congress and subsequent to such
entry, the city or town situated upon such townsite entry has been
incorporated according to law, and the corporate authorities thereof
have or have attempted to vacate any common, plaza, public square,
public park, or the like, in such government townsite, and where
thereafter, any person, or corporation, has placed permanent
improvements on such land so vacated or attempted to be vacated,
exceeding in value the sum of five thousand dollars, with the
knowledge, consent, or acquiescence of the corporate authorities of
such city or town and with the general consent and approval of the
inhabitants of said city or town and such improvements have been made
for more than five years and such person or corporation making such
improvements has been in the open, notorious, and peaceable possession
of such lands and premises for a period of more than five years, such
superior court judge, as trustee, of such government townsite, and
successor as trustee to such judge of probate, trustee of such
government townsite, shall have the power and authority to make and
deliver to such person or corporation, or to his, her, or its heirs,
executors, administrators, successors, or assigns, a deed for such
lands and premises, conveying a fee simple title to such lands and
premises upon such terms and for such price as he or she shall deem
just and reasonable under all the facts and surrounding circumstances
of the case, and the consideration paid for such deed, one dollar or
more, shall be placed in the city or town treasury of such city or
town, in the general fund.
Sec. 19001 RCW 59.04.040 and Code 1881 s 2056 are each amended to
read as follows:
When a tenant fails to pay rent when the same is due, and the
landlord notifies him or her to pay said rent or quit the premises
within ten days, unless the rent is paid within said ten days, the
tenancy shall be forfeited at the end of said ten days.
Sec. 19002 RCW 59.04.050 and Code 1881 s 2057 are each amended to
read as follows:
Whenever any person obtains possession of premises without the
consent of the owner or other person having the right to give said
possession, he or she shall be deemed a tenant by sufferance merely,
and shall be liable to pay reasonable rent for the actual time he or
she occupied the premises, and shall forthwith on demand surrender his
or her said possession to the owner or person who had the right of
possession before said entry, and all his or her right to possession of
said premises shall terminate immediately upon said demand.
Sec. 19003 RCW 59.08.030 and 1941 c 188 s 3 are each amended to
read as follows:
Such proceedings shall be commenced by the filing of a complaint
executed under oath by the owner or landlord or his or her authorized
agent. It shall be sufficient to state in such complaint a description
of the property with reasonable certainty, that the defendant is in
possession thereof and wrongfully holds the same by reason of failure
to pay the agreed rental due, or the monthly rental value of the
premises.
Sec. 19004 RCW 59.08.040 and 1941 c 188 s 4 are each amended to
read as follows:
Upon the filing of such complaint it may be presented to the judge,
and by order he or she shall forthwith fix a place and time for the
trial of said cause, not more than ten days after the date of making
the order. A copy of the complaint, together with a copy of the
summons specifying the time and place for trial, shall be served on the
defendant not less than five days prior to the time fixed for hearing
in the manner provided for the service of notice to quit in RCW
59.12.040.
Sec. 19005 RCW 59.08.070 and 1941 c 188 s 7 are each amended to
read as follows:
If the defendant feels aggrieved at an order of restitution, he or
she may within three days after the entry of the order file a bond to
be approved by the court in double the amount of the rent found to be
due, plus two hundred dollars, conditioned for the payment and
performance of any judgment rendered against him or her, and the court
shall thereupon enter an order for the parties to proceed in the usual
form of action, and recall the writ of restitution.
Sec. 19006 RCW 59.12.035 and 1891 c 96 s 4 are each amended to
read as follows:
In all cases of tenancy upon agricultural lands, where the tenant
has held over and retained possession for more than sixty days after
the expiration of his or her term without any demand or notice to quit
by his or her landlord or the successor in estate of his or her
landlord, if any there be, he or she shall be deemed to be holding by
permission of his or her landlord or the successor in estate of his or
her landlord, if any there be, and shall be entitled to hold under the
terms of the lease for another full year, and shall not be guilty of an
unlawful detainer during said year, and such holding over for the
period aforesaid shall be taken and construed as a consent on the part
of a tenant to hold for another year.
Sec. 19007 RCW 59.12.040 and 1983 c 264 s 2 are each amended to
read as follows:
Any notice provided for in this chapter shall be served either (1)
by delivering a copy personally to the person entitled thereto; or (2)
if he or she be absent from the premises unlawfully held, by leaving
there a copy, with some person of suitable age and discretion, and
sending a copy through the mail addressed to the person entitled
thereto at his or her place of residence; or (3) if the person to be
notified be a tenant, or an unlawful holder of premises, and his or her
place of residence is not known, or if a person of suitable age and
discretion there cannot be found then by affixing a copy of the notice
in a conspicuous place on the premises unlawfully held, and also
delivering a copy to a person there residing, if such a person can be
found, and also sending a copy through the mail addressed to the
tenant, or unlawful occupant, at the place where the premises
unlawfully held are situated. Service upon a subtenant may be made in
the same manner: PROVIDED, That in cases where the tenant or unlawful
occupant, shall be conducting a hotel, inn, lodging house, boarding
house, or shall be renting rooms while still retaining control of the
premises as a whole, that the guests, lodgers, boarders, or persons
renting such rooms shall not be considered as subtenants within the
meaning of this chapter, but all such persons may be served by affixing
a copy of the notice to be served in two conspicuous places upon the
premises unlawfully held; and such persons shall not be necessary
parties defendant in an action to recover possession of said premises.
Service of any notice provided for in this chapter may be had upon a
corporation by delivering a copy thereof to any officer, agent, or
person having charge of the business of such corporation, at the
premises unlawfully held, and in case no such officer, agent, or person
can be found upon such premises, then service may be had by affixing a
copy of such notice in a conspicuous place upon said premises and by
sending a copy through the mail addressed to such corporation at the
place where said premises are situated. Proof of any service under
this section may be made by the affidavit of the person making the same
in like manner and with like effect as the proof of service of summons
in civil actions. When a copy of notice is sent through the mail, as
provided in this section, service shall be deemed complete when such
copy is deposited in the United States mail in the county in which the
property is situated properly addressed with postage prepaid:
PROVIDED, HOWEVER, That when service is made by mail one additional day
shall be allowed before the commencement of an action based upon such
notice. RCW 59.18.375 may also apply to notice given under this
chapter.
Sec. 19008 RCW 59.12.060 and 1891 c 96 s 7 are each amended to
read as follows:
No person other than the tenant of the premises, and subtenant, if
there be one, in the actual occupation of the premises when the
complaint is filed, need be made parties defendant in any proceeding
under this chapter, nor shall any proceeding abate, nor the plaintiff
be nonsuited, for the nonjoinder of any person who might have been made
party defendant; but when it appears that any of the parties served
with process, or appearing in the proceeding, are guilty of the offense
charged, judgment must be rendered against him or her. In case a
person has become a subtenant of the premises in controversy after the
service of any notice in this chapter provided for, the fact that such
notice was not served on such subtenant shall constitute no defense to
the action. All persons who enter the premises under the tenant, after
the commencement of the action hereunder, shall be bound by the
judgment the same as if they had been made parties to the action.
Sec. 19009 RCW 59.12.080 and 1927 c 123 s 2 are each amended to
read as follows:
The summons must state the names of the parties to the proceeding,
the court in which the same is brought, the nature of the action, in
concise terms, and the relief sought, and also the return day; and must
notify the defendant to appear and answer within the time designated or
that the relief sought will be taken against him or her. The summons
must be directed to the defendant, and in case of summons by
publication, be served at least five days before the return day
designated therein. The summons must be served and returned in the
same manner as summons in other actions is served and returned.
Sec. 19010 RCW 59.12.090 and 1927 c 123 s 3 are each amended to
read as follows:
The plaintiff at the time of commencing an action of forcible entry
or detainer or unlawful detainer, or at any time afterwards, may apply
to the judge of the court in which the action is pending for a writ of
restitution restoring to the plaintiff the property in the complaint
described, and the judge shall order a writ of restitution to issue.
The writ shall be issued by the clerk of the superior court in which
the action is pending, and be returnable in twenty days after its date;
but before any writ shall issue prior to judgment the plaintiff shall
execute to the defendant and file in court a bond in such sum as the
court or judge may order, with sufficient surety to be approved by the
clerk, conditioned that the plaintiff will prosecute his or her action
without delay, and will pay all costs that may be adjudged to the
defendant, and all damages which he or she may sustain by reason of the
writ of restitution having been issued, should the same be wrongfully
sued out.
Sec. 19011 RCW 59.12.100 and 1927 c 123 s 4 are each amended to
read as follows:
The sheriff shall, upon receiving the writ of restitution,
forthwith serve a copy thereof upon the defendant, his or her agent or
attorney, or a person in possession of the premises, and shall not
execute the same for three days thereafter, nor until after the
defendant has been served with summons in the action as hereinabove
provided, and the defendant, or person in possession of the premises
within three days after the service of the writ of restitution may
execute to the plaintiff a bond to be filed with and approved by the
clerk of the court in such sum as may be fixed by the judge, with
sufficient surety to be approved by the clerk of said court,
conditioned that ((they)) he or she will pay to the plaintiff such sum
as the plaintiff may recover for the use and occupation of the said
premises, or any rent found due, together with all damages the
plaintiff may sustain by reason of the defendant occupying or keeping
possession of said premises, and also all the costs of the action. The
plaintiff, his or her agent or attorneys, shall have notice of the time
and place where the court or judge thereof shall fix the amount of the
defendant's bond, and shall have notice and a reasonable opportunity to
examine into the qualification and sufficiency of the sureties upon
said bond before said bond shall be approved by the clerk. The writ
may be served by the sheriff, in the event he or she shall be unable to
find the defendant, an agent or attorney, or a person in possession of
the premises, by affixing a copy of said writ in a conspicuous place
upon the premises.
Sec. 19012 RCW 59.12.121 and 1891 c 96 s 14 are each amended to
read as follows:
On or before the day fixed for his or her appearance the defendant
may appear and answer or demur.
Sec. 19013 RCW 59.12.140 and 1891 c 96 s 16 are each amended to
read as follows:
On the trial of any proceeding for any forcible entry or forcible
detainer the plaintiff shall only be required to show, in addition to
a forcible entry complained of, that he or she was peaceably in the
actual possession at the time of the forcible entry; or, in addition to
a forcible detainer complained of, that he or she was entitled to the
possession at the time of the forcible detainer.
Sec. 19014 RCW 59.12.170 and 1891 c 96 s 18 are each amended to
read as follows:
If upon the trial the verdict of the jury or, if the case be tried
without a jury, the finding of the court be in favor of the plaintiff
and against the defendant, judgment shall be entered for the
restitution of the premises; and if the proceeding be for unlawful
detainer after neglect or failure to perform any condition or covenant
of a lease or agreement under which the property is held, or after
default in the payment of rent, the judgment shall also declare the
forfeiture of the lease, agreement, or tenancy. The jury, or the
court, if the proceedings be tried without a jury, shall also assess
the damages occasioned to the plaintiff by any forcible entry, or by
any forcible or unlawful detainer, alleged in the complaint and proved
on the trial, and, if the alleged unlawful detainer be after default in
the payment of rent, find the amount of any rent due, and the judgment
shall be rendered against the defendant guilty of the forcible entry,
forcible detainer, or unlawful detainer for twice the amount of damages
thus assessed and of the rent, if any, found due. When the proceeding
is for an unlawful detainer after default in the payment of rent, and
the lease or agreement under which the rent is payable has not by its
terms expired, execution upon the judgment shall not be issued until
the expiration of five days after the entry of the judgment, within
which time the tenant or any subtenant, or any mortgagee of the term,
or other party interested in its continuance, may pay into court for
the landlord the amount of the judgment and costs, and thereupon the
judgment shall be satisfied and the tenant restored to his or her
estate; but if payment, as herein provided, be not made within five
days the judgment may be enforced for its full amount and for the
possession of the premises. In all other cases the judgment may be
enforced immediately. If writ of restitution shall have been executed
prior to judgment no further writ or execution for the premises shall
be required.
Sec. 19015 RCW 59.12.190 and 1891 c 96 s 21 are each amended to
read as follows:
The court may relieve a tenant against a forfeiture of a lease and
restore him or her to his or her former estate, as in other cases
provided by law, where application for such relief is made within
thirty days after the forfeiture is declared by the judgment of the
court, as provided in this chapter. The application may be made by a
tenant or subtenant, or a mortgagee of the term, or any person
interested in the continuance of the term. It must be made upon
petition, setting forth the facts upon which the relief is sought, and
be verified by the applicant. Notice of the application, with a copy
of the petition, must be served on the plaintiff in the judgment, who
may appear and contest the application. In no case shall the
application be granted except on condition that full payment of rent
due, or full performance of conditions of covenants stipulated, so far
as the same is practicable, be first made.
Sec. 19016 RCW 59.16.020 and 1891 c 115 s 2 are each amended to
read as follows:
The complaint in all cases under the provisions of this chapter
shall be upon oath, and ((then [there])) there shall be embodied
therein or amended thereto an abstract of the plaintiff's title, and
the defendant shall, in his or her answer, state whether he or she
makes any claim of title to the lands described in the complaint, and
if he or she makes no claim to the legal title but does claim a right
to the possession of such lands, he or she shall state upon what
grounds he or she claims a right to such possession.
Sec. 19017 RCW 59.16.030 and 1891 c 115 s 3 are each amended to
read as follows:
It shall not be necessary for the plaintiff, in proceedings under
this chapter, to allege or prove that the said lands were, at any time,
actually occupied prior to the defendant's entry thereupon, but it
shall be sufficient to allege that he or she is the legal owner and
entitled to the immediate possession thereof: PROVIDED, That if the
defendant shall, by his or her answer, deny such ownership and shall
state facts showing that he or she has a lawful claim to the possession
thereof, the cause shall thereupon be entered for trial upon the docket
of the court in all respects as if the action were brought under the
provisions of chapter XLVI of the code of eighteen hundred and eighty-one.
Sec. 19018 RCW 59.18.070 and 1989 c 342 s 4 are each amended to
read as follows:
If at any time during the tenancy the landlord fails to carry out
the duties required by RCW 59.18.060 or by the rental agreement, the
tenant may, in addition to pursuit of remedies otherwise provided him
or her by law, deliver written notice to the person designated in RCW
59.18.060(((11))) (14), or to the person who collects the rent, which
notice shall specify the premises involved, the name of the owner, if
known, and the nature of the defective condition. The landlord shall
commence remedial action after receipt of such notice by the tenant as
soon as possible but not later than the following time periods, except
where circumstances are beyond the landlord's control:
(1) Not more than twenty-four hours, where the defective condition
deprives the tenant of hot or cold water, heat, or electricity, or is
imminently hazardous to life;
(2) Not more than seventy-two hours, where the defective condition
deprives the tenant of the use of a refrigerator, range and oven, or a
major plumbing fixture supplied by the landlord; and
(3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to see that
remedial work under this section is completed promptly. If completion
is delayed due to circumstances beyond the landlord's control,
including the unavailability of financing, the landlord shall remedy
the defective condition as soon as possible.
Sec. 19019 RCW 59.18.080 and 1973 1st ex.s. c 207 s 8 are each
amended to read as follows:
The tenant shall be current in the payment of rent including all
utilities which the tenant has agreed in the rental agreement to pay
before exercising any of the remedies accorded him or her under the
provisions of this chapter: PROVIDED, That this section shall not be
construed as limiting the tenant's civil remedies for negligent or
intentional damages: PROVIDED FURTHER, That this section shall not be
construed as limiting the tenant's right in an unlawful detainer
proceeding to raise the defense that there is no rent due and owing.
Sec. 19020 RCW 59.18.090 and 1973 1st ex.s. c 207 s 9 are each
amended to read as follows:
If, after receipt of written notice, and expiration of the
applicable period of time, as provided in RCW 59.18.070, the landlord
fails to remedy the defective condition within a reasonable time the
tenant may:
(1) Terminate the rental agreement and quit the premises upon
written notice to the landlord without further obligation under the
rental agreement, in which case he or she shall be discharged from
payment of rent for any period following the quitting date, and shall
be entitled to a pro rata refund of any prepaid rent, and shall receive
a full and specific statement of the basis for retaining any of the
deposit together with any refund due in accordance with RCW 59.18.280;
(2) Bring an action in an appropriate court, or at arbitration if
so agreed, for any remedy provided under this chapter or otherwise
provided by law; or
(3) Pursue other remedies available under this chapter.
Sec. 19021 RCW 59.18.100 and 1989 c 342 s 5 are each amended to
read as follows:
(1) If at any time during the tenancy, the landlord fails to carry
out any of the duties imposed by RCW 59.18.060, and notice of the
defect is given to the landlord pursuant to RCW 59.18.070, the tenant
may submit to the landlord or his or her designated agent by certified
mail or in person a good faith estimate by the tenant of the cost to
perform the repairs necessary to correct the defective condition if the
repair is to be done by licensed or registered persons, or if no
licensing or registration requirement applies to the type of work to be
performed, the cost if the repair is to be done by responsible persons
capable of performing such repairs. Such estimate may be submitted to
the landlord at the same time as notice is given pursuant to RCW
59.18.070: PROVIDED, That the remedy provided in this section shall
not be available for a landlord's failure to carry out the duties in
RCW 59.18.060 (9)((,)) and (((11))) (14): PROVIDED FURTHER, That if
the tenant utilizes this section for repairs pursuant to RCW
59.18.060(6), the tenant shall promptly provide the landlord with a key
to any new or replaced locks. The amount the tenant may deduct from
the rent may vary from the estimate, but cannot exceed the one-month
limit as described in subsection (2) of this section.
(2) If the landlord fails to commence remedial action of the
defective condition within the applicable time period after receipt of
notice and the estimate from the tenant, the tenant may contract with
a licensed or registered person, or with a responsible person capable
of performing the repair if no license or registration is required, to
make the repair, and upon the completion of the repair and an
opportunity for inspection by the landlord or his or her designated
agent, the tenant may deduct the cost of repair from the rent in an
amount not to exceed the sum expressed in dollars representing one
month's rental of the tenant's unit per repair: PROVIDED, That when
the landlord must commence to remedy the defective condition within ten
days as provided in RCW 59.18.070(3), the tenant cannot contract for
repairs for ten days after notice or five days after the landlord
receives the estimate, whichever is later: PROVIDED FURTHER, That the
total costs of repairs deducted in any twelve-month period under this
subsection shall not exceed the sum expressed in dollars representing
two month's rental of the tenant's unit.
(3) If the landlord fails to carry out the duties imposed by RCW
59.18.060 within the applicable time period, and if the cost of repair
does not exceed one-half month's rent, including the cost of materials
and labor, which shall be computed at the prevailing rate in the
community for the performance of such work, and if repair of the
condition need not by law be performed only by licensed or registered
persons, and if the tenant has given notice under RCW 59.18.070,
although no estimate shall be necessary under this subsection, the
tenant may repair the defective condition in a workmanlike manner and
upon completion of the repair and an opportunity for inspection, the
tenant may deduct the cost of repair from the rent: PROVIDED, That
repairs under this subsection are limited to defects within the leased
premises: PROVIDED FURTHER, That the cost per repair shall not exceed
one-half month's rent of the unit and that the total costs of repairs
deducted in any twelve-month period under this subsection shall not
exceed one month's rent of the unit.
(4) The provisions of this section shall not:
(a) Create a relationship of employer and employee between landlord
and tenant; or
(b) Create liability under the workers' compensation act; or
(c) Constitute the tenant as an agent of the landlord for the
purposes of RCW 60.04.010 and 60.04.040.
(5) Any repair work performed under the provisions of this section
shall comply with the requirements imposed by any applicable code,
statute, ordinance, or regulation. A landlord whose property is
damaged because of repairs performed in a negligent manner may recover
the actual damages in an action against the tenant.
(6) Nothing in this section shall prevent the tenant from agreeing
with the landlord to undertake the repairs himself or herself in return
for cash payment or a reasonable reduction in rent, the agreement
thereof to be agreed upon between the parties, and such agreement does
not alter the landlord's obligations under this chapter.
Sec. 19022 RCW 59.18.140 and 1989 c 342 s 6 are each amended to
read as follows:
The tenant shall conform to all reasonable obligations or
restrictions, whether denominated by the landlord as rules, rental
agreement, rent, or otherwise, concerning the use, occupation, and
maintenance of his or her dwelling unit, appurtenances thereto, and the
property of which the dwelling unit is a part if such obligations and
restrictions are not in violation of any of the terms of this chapter
and are not otherwise contrary to law, and if such obligations and
restrictions are brought to the attention of the tenant at the time of
his or her initial occupancy of the dwelling unit and thus become part
of the rental agreement. Except for termination of tenancy, after
thirty days written notice to each affected tenant, a new rule of
tenancy including a change in the amount of rent may become effective
upon completion of the term of the rental agreement or sooner upon
mutual consent.
Sec. 19023 RCW 59.18.190 and 1973 1st ex.s. c 207 s 19 are each
amended to read as follows:
Whenever the landlord learns of a breach of RCW 59.18.130 or has
accepted performance by the tenant which is at variance with the terms
of the rental agreement or rules enforceable after the commencement of
the tenancy, he or she may immediately give notice to the tenant to
remedy the nonconformance. Said notice shall expire after sixty days
unless the landlord pursues any remedy under this chapter.
Sec. 19024 RCW 59.18.230 and 1989 c 342 s 8 are each amended to
read as follows:
(1) Any provision of a lease or other agreement, whether oral or
written, whereby any section or subsection of this chapter is waived
except as provided in RCW 59.18.360 and shall be deemed against public
policy and shall be unenforceable. Such unenforceability shall not
affect other provisions of the agreement which can be given effect
without them.
(2) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies under this
chapter; or
(b) Authorizes any person to confess judgment on a claim arising
out of the rental agreement; or
(c) Agrees to pay the landlord's attorney's fees, except as
authorized in this chapter; or
(d) Agrees to the exculpation or limitation of any liability of the
landlord arising under law or to indemnify the landlord for that
liability or the costs connected therewith; or
(e) And landlord have agreed to a particular arbitrator at the time
the rental agreement is entered into.
(3) A provision prohibited by subsection (2) of this section
included in a rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing provisions known by him
or her to be prohibited, the tenant may recover actual damages
sustained by him or her and reasonable attorney's fees.
(4) The common law right of the landlord of distress for rent is
hereby abolished for property covered by this chapter. Any provision
in a rental agreement creating a lien upon the personal property of the
tenant or authorizing a distress for rent is null and void and of no
force and effect. Any landlord who takes or detains the personal
property of a tenant without the specific written consent of the tenant
to such incident of taking or detention, and who, after written demand
by the tenant for the return of his or her personal property, refuses
to return the same promptly shall be liable to the tenant for the value
of the property retained, actual damages, and if the refusal is
intentional, may also be liable for damages of up to one hundred
dollars per day but not to exceed one thousand dollars, for each day or
part of a day that the tenant is deprived of his or her property. The
prevailing party may recover his or her costs of suit and a reasonable
attorney's fee.
In any action, including actions pursuant to chapters 7.64 or 12.28
RCW, brought by a tenant or other person to recover possession of his
or her personal property taken or detained by a landlord in violation
of this section, the court, upon motion and after notice to the
opposing parties, may waive or reduce any bond requirements where it
appears to be to the satisfaction of the court that the moving party is
proceeding in good faith and has, prima facie, a meritorious claim for
immediate delivery or redelivery of said property.
Sec. 19025 RCW 59.18.240 and 1983 c 264 s 9 are each amended to
read as follows:
So long as the tenant is in compliance with this chapter, the
landlord shall not take or threaten to take reprisals or retaliatory
action against the tenant because of any good faith and lawful:
(1) Complaints or reports by the tenant to a governmental authority
concerning the failure of the landlord to substantially comply with any
code, statute, ordinance, or regulation governing the maintenance or
operation of the premises, if such condition may endanger or impair the
health or safety of the tenant; or
(2) Assertions or enforcement by the tenant of his or her rights
and remedies under this chapter.
"Reprisal or retaliatory action" shall mean and include but not be
limited to any of the following actions by the landlord when such
actions are intended primarily to retaliate against a tenant because of
the tenant's good faith and lawful act:
(a) Eviction of the tenant;
(b) Increasing the rent required of the tenant;
(c) Reduction of services to the tenant; and
(d) Increasing the obligations of the tenant.
Sec. 19026 RCW 59.18.250 and 1983 c 264 s 10 are each amended to
read as follows:
Initiation by the landlord of any action listed in RCW 59.18.240
within ninety days after a good faith and lawful act by the tenant as
enumerated in RCW 59.18.240, or within ninety days after any inspection
or proceeding of a governmental agency resulting from such act, shall
create a rebuttable presumption affecting the burden of proof, that the
action is a reprisal or retaliatory action against the tenant:
PROVIDED, That if at the time the landlord gives notice of termination
of tenancy pursuant to chapter 59.12 RCW the tenant is in arrears in
rent or in breach of any other lease or rental obligation, there is a
rebuttable presumption affecting the burden of proof that the
landlord's action is neither a reprisal nor retaliatory action against
the tenant: PROVIDED FURTHER, That if the court finds that the tenant
made a complaint or report to a governmental authority within ninety
days after notice of a proposed increase in rent or other action in
good faith by the landlord, there is a rebuttable presumption that the
complaint or report was not made in good faith: PROVIDED FURTHER, That
no presumption against the landlord shall arise under this section,
with respect to an increase in rent, if the landlord, in a notice to
the tenant of increase in rent, specifies reasonable grounds for said
increase, which grounds may include a substantial increase in market
value due to remedial action under this chapter: PROVIDED FURTHER,
That the presumption of retaliation, with respect to an eviction, may
be rebutted by evidence that it is not practical to make necessary
repairs while the tenant remains in occupancy. In any action or
eviction proceeding where the tenant prevails upon his or her claim or
defense that the landlord has violated this section, the tenant shall
be entitled to recover his or her costs of suit or arbitration,
including a reasonable attorney's fee, and where the landlord prevails
upon his or her claim he or she shall be entitled to recover his or her
costs of suit or arbitration, including a reasonable attorney's fee:
PROVIDED FURTHER, That neither party may recover attorney's fees to the
extent that their legal services are provided at no cost to them.
Sec. 19027 RCW 59.18.280 and 1989 c 342 s 9 are each amended to
read as follows:
Within fourteen days after the termination of the rental agreement
and vacation of the premises or, if the tenant abandons the premises as
defined in RCW 59.18.310, within fourteen days after the landlord
learns of the abandonment, the landlord shall give a full and specific
statement of the basis for retaining any of the deposit together with
the payment of any refund due the tenant under the terms and conditions
of the rental agreement. No portion of any deposit shall be withheld
on account of wear resulting from ordinary use of the premises. The
landlord complies with this section if the required statement or
payment, or both, are deposited in the United States mail properly
addressed with first-class postage prepaid within the fourteen days.
The notice shall be delivered to the tenant personally or by mail
to his or her last known address. If the landlord fails to give such
statement together with any refund due the tenant within the time
limits specified above he or she shall be liable to the tenant for the
full amount of the deposit. The landlord is also barred in any action
brought by the tenant to recover the deposit from asserting any claim
or raising any defense for retaining any of the deposit unless the
landlord shows that circumstances beyond the landlord's control
prevented the landlord from providing the statement within the fourteen
days or that the tenant abandoned the premises as defined in RCW
59.18.310. The court may in its discretion award up to two times the
amount of the deposit for the intentional refusal of the landlord to
give the statement or refund due. In any action brought by the tenant
to recover the deposit, the prevailing party shall additionally be
entitled to the cost of suit or arbitration including a reasonable
attorney's fee.
Nothing in this chapter shall preclude the landlord from proceeding
against, and the landlord shall have the right to proceed against a
tenant to recover sums exceeding the amount of the tenant's damage or
security deposit for damage to the property for which the tenant is
responsible together with reasonable attorney's fees.
Sec. 19028 RCW 59.18.290 and 1973 1st ex.s. c 207 s 29 are each
amended to read as follows:
(1) It shall be unlawful for the landlord to remove or exclude from
the premises the tenant thereof except under a court order so
authorizing. Any tenant so removed or excluded in violation of this
section may recover possession of the property or terminate the rental
agreement and, in either case, may recover the actual damages
sustained. The prevailing party may recover the costs of suit or
arbitration and reasonable attorney's fees.
(2) It shall be unlawful for the tenant to hold over in the
premises or exclude the landlord therefrom after the termination of the
rental agreement except under a valid court order so authorizing. Any
landlord so deprived of possession of premises in violation of this
section may recover possession of the property and damages sustained by
him or her, and the prevailing party may recover his or her costs of
suit or arbitration and reasonable attorney's fees.
Sec. 19029 RCW 59.18.300 and 1973 1st ex.s. c 207 s 30 are each
amended to read as follows:
It shall be unlawful for a landlord to intentionally cause
termination of any of his or her tenant's utility services, including
water, heat, electricity, or gas, except for an interruption of utility
services for a reasonable time in order to make necessary repairs. Any
landlord who violates this section may be liable to such tenant for his
or her actual damages sustained by him or her, and up to one hundred
dollars for each day or part thereof the tenant is thereby deprived of
any utility service, and the prevailing party may recover his or her
costs of suit or arbitration and a reasonable attorney's fee. It shall
be unlawful for a tenant to intentionally cause the loss of utility
services provided by the landlord, including water, heat, electricity,
or gas, excepting as resulting from the normal occupancy of the
premises.
Sec. 19030 RCW 59.18.340 and 1983 c 264 s 12 are each amended to
read as follows:
The administrative fee for this arbitration procedure shall be
established by agreement of the parties and the arbitrator and, unless
otherwise allocated by the arbitrator, shall be shared equally by the
parties: PROVIDED, That upon either party signing an affidavit to the
effect that he or she is unable to pay his or her share of the fee,
that portion of the fee may be waived or deferred.
Sec. 19031 RCW 59.18.350 and 1973 1st ex.s. c 207 s 35 are each
amended to read as follows:
When a party gives notice pursuant to ((subsection (2) of)) RCW
59.18.320(2), he or she must, at the same time, arrange for arbitration
of the grievance in the manner provided for in this chapter. The
arbitration shall be completed before the rental due date next
occurring after the giving of notice pursuant to RCW 59.18.320:
PROVIDED, That in no event shall the arbitrator have less than ten days
to complete the arbitration process.
Sec. 19032 RCW 59.18.380 and 1973 1st ex.s. c 207 s 39 are each
amended to read as follows:
At the time and place fixed for the hearing of plaintiff's motion
for a writ of restitution, the defendant, or any person in possession
or claiming possession of the property, may answer, orally or in
writing, and assert any legal or equitable defense or set-off arising
out of the tenancy. If the answer is oral the substance thereof shall
be endorsed on the complaint by the court. The court shall examine the
parties and witnesses orally to ascertain the merits of the complaint
and answer, and if it shall appear that the plaintiff has the right to
be restored to possession of the property, the court shall enter an
order directing the issuance of a writ of restitution, returnable ten
days after its date, restoring to the plaintiff possession of the
property and if it shall appear to the court that there is no
substantial issue of material fact of the right of the plaintiff to be
granted other relief as prayed for in the complaint and provided for in
this chapter, the court may enter an order and judgment granting so
much of such relief as may be sustained by the proof, and the court may
grant such other relief as may be prayed for in the plaintiff's
complaint and provided for in this chapter, then the court shall enter
an order denying any relief sought by the plaintiff for which the court
has determined that the plaintiff has no right as a matter of law:
PROVIDED, That within three days after the service of the writ of
restitution the defendant, or person in possession of the property,
may, in any action for the recovery of possession of the property for
failure to pay rent, stay the execution of the writ pending final
judgment by paying into court or to the plaintiff, as the court
directs, all rent found to be due and all the costs of the action, and
in addition by paying, on a monthly basis pending final judgment, an
amount equal to the monthly rent called for by the lease or rental
agreement at the time the complaint was filed: PROVIDED FURTHER, That
before any writ shall issue prior to final judgment the plaintiff shall
execute to the defendant and file in the court a bond in such sum as
the court may order, with sufficient surety to be approved by the
clerk, conditioned that the plaintiff will prosecute his or her action
without delay, and will pay all costs that may be adjudged to the
defendant, and all damages which he or she may sustain by reason of the
writ of restitution having been issued, should the same be wrongfully
sued out. The court shall also enter an order directing the parties to
proceed to trial on the complaint and answer in the usual manner.
If it appears to the court that the plaintiff should not be
restored to possession of the property, the court shall deny
plaintiff's motion for a writ of restitution and enter an order
directing the parties to proceed to trial within thirty days on the
complaint and answer. If it appears to the court that there is a
substantial issue of material fact as to whether or not the plaintiff
is entitled to other relief as is prayed for in plaintiff's complaint
and provided for in this chapter, or that there is a genuine issue of
a material fact pertaining to a legal or equitable defense or set-off
raised in the defendant's answer, the court shall grant or deny so much
of plaintiff's other relief sought and so much of defendant's defenses
or set-off claimed, as may be proper.
Sec. 19033 RCW 59.18.410 and 1973 1st ex.s. c 207 s 42 are each
amended to read as follows:
If upon the trial the verdict of the jury or, if the case be tried
without a jury, the finding of the court be in favor of the plaintiff
and against the defendant, judgment shall be entered for the
restitution of the premises; and if the proceeding be for unlawful
detainer after neglect or failure to perform any condition or covenant
of a lease or agreement under which the property is held, or after
default in the payment of rent, the judgment shall also declare the
forfeiture of the lease, agreement, or tenancy. The jury, or the
court, if the proceedings be tried without a jury, shall also assess
the damages arising out of the tenancy occasioned to the plaintiff by
any forcible entry, or by any forcible or unlawful detainer, alleged in
the complaint and proved on the trial, and, if the alleged unlawful
detainer be after default in the payment of rent, find the amount of
any rent due, and the judgment shall be rendered against the defendant
guilty of the forcible entry, forcible detainer, or unlawful detainer
for the amount of damages thus assessed and for the rent, if any, found
due, and the court may award statutory costs and reasonable attorney's
fees. When the proceeding is for an unlawful detainer after default in
the payment of rent, and the lease or agreement under which the rent is
payable has not by its terms expired, execution upon the judgment shall
not be issued until the expiration of five days after the entry of the
judgment, within which time the tenant or any subtenant, or any
mortgagee of the term, or other party interested in the continuance of
the tenancy, may pay into court for the landlord the amount of the
judgment and costs, and thereupon the judgment shall be satisfied and
the tenant restored to his or her tenancy; but if payment, as herein
provided, be not made within five days the judgment may be enforced for
its full amount and for the possession of the premises. In all other
cases the judgment may be enforced immediately. If writ of restitution
shall have been executed prior to judgment no further writ or execution
for the premises shall be required.
Sec. 19034 RCW 59.20.090 and 2003 c 7 s 3 are each amended to
read as follows:
(1) Unless otherwise agreed rental agreements shall be for a term
of one year. Any rental agreement of whatever duration shall be
automatically renewed for the term of the original rental agreement,
unless a different specified term is agreed upon.
(2) A landlord seeking to increase the rent upon expiration of the
term of a rental agreement of any duration shall notify the tenant in
writing three months prior to the effective date of any increase in
rent.
(3) A tenant shall notify the landlord in writing one month prior
to the expiration of a rental agreement of an intention not to renew.
(4)(a) The tenant may terminate the rental agreement upon thirty
days written notice whenever a change in the location of the tenant's
employment requires a change in his or her residence, and shall not be
liable for rental following such termination unless after due diligence
and reasonable effort the landlord is not able to rent the mobile home
lot at a fair rental. If the landlord is not able to rent the lot, the
tenant shall remain liable for the rental specified in the rental
agreement until the lot is rented or the original term ends.
(b) Any tenant who is a member of the armed forces, including the
national guard and armed forces reserves, or that tenant's spouse or
dependent, may terminate a rental agreement with less than thirty days
notice if the tenant receives reassignment or deployment orders which
do not allow greater notice. The tenant shall provide notice of the
reassignment or deployment order to the landlord no later than seven
days after receipt.
Sec. 19035 RCW 59.20.140 and 1988 c 150 s 6 are each amended to
read as follows:
It shall be the duty of the tenant to pay the rental amount at such
times and in such amounts as provided for in the rental agreement or as
otherwise provided by law and comply with all obligations imposed upon
tenants by applicable provisions of all municipal, county, and state
codes, statutes, ordinances, and regulations, and in addition the
tenant shall:
(1) Keep the mobile home lot which he or she occupies and uses as
clean and sanitary as the conditions of the premises permit;
(2) Properly dispose of all rubbish, garbage, and other organic or
flammable waste, in a clean and sanitary manner at reasonable and
regular intervals, and assume all costs of extermination and fumigation
for infestation caused by the tenant on the tenant's leased premises;
(3) Not intentionally or negligently destroy, deface, damage,
impair, or remove any facilities, equipment, furniture, furnishings,
fixtures, or appliances provided by the landlord, or permit any member
of his or her family, invitee, or licensee, or any person acting under
his or her control to do so;
(4) Not permit a nuisance or common waste; and
(5) Not engage in drug-related activities as defined in RCW
59.20.080.
NEW SECTION. Sec. 20001 Section 9077 of this act takes effect
July 1, 2010.