| Passed by the Senate April 18, 2009 YEAS 40 ________________________________________ President of the Senate Passed by the House April 13, 2009 YEAS 77 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5038 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/12/09. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to making technical corrections to gender-based terms; amending RCW 4.24.040, 9A.08.010, 9A.76.010, 11.28.090, 11.28.140, 14.12.010, 15.65.020, 18.64.011, 19.06.010, 19.210.010, 38.04.020, 38.16.030, 49.24.140, 49.24.150, 49.24.220, 62A.7-204, 62A.7-309, 69.04.009, 69.04.010, 69.04.024, 69.04.394, 69.04.396, 69.04.480, 69.41.010, 70.87.200, 70.104.020, 70.105.010, 77.55.011, 79A.05.600, 81.40.080, 81.48.050, 81.64.090, 82.75.010, 84.36.260, 85.08.310, 35.07.090, 35.07.120, 35.07.130, 35.07.140, 35.07.150, 35.07.170, 35.07.190, 35.07.200, 35.07.220, 35.13.171, 35.13A.090, 35.14.030, 35.14.060, 35.17.060, 35.17.070, 35.17.080, 35.17.150, 35.17.280, 35.18.010, 35.18.040, 35.18.050, 35.18.060, 35.18.070, 35.18.090, 35.18.110, 35.18.120, 35.18.130, 35.18.150, 35.18.170, 35.18.180, 35.18.190, 35.18.200, 35.18.280, 35.20.105, 35.20.131, 35.20.150, 35.20.170, 35.20.180, 35.20.190, 35.20.220, 35.20.240, 35.21.260, 35.21.850, 35.22.130, 35.22.210, 35.22.280, 35.22.610, 35.23.010, 35.23.111, 35.23.131, 35.23.144, 35.23.410, 35.23.440, 35.27.030, 35.27.050, 35.27.090, 35.27.120, 35.27.170, 35.27.190, 35.27.230, 35.27.280, 35.27.310, 35.27.330, 35.27.340, 35.32A.020, 35.32A.060, 35.33.011, 35.33.055, 35.33.135, 35.33.170, 35.36.010, 35.36.050, 35.36.060, 35.37.120, 35.38.050, 35.39.060, 35.44.190, 35.44.220, 35.44.230, 35.44.270, 35.45.080, 35.45.090, 35.45.130, 35.45.150, 35.49.010, 35.49.040, 35.49.090, 35.49.100, 35.50.005, 35.50.225, 35.53.070, 35.54.100, 35.55.070, 35.56.040, 35.56.080, 35.56.140, 35.58.070, 35.58.100, 35.58.130, 35.58.140, 35.58.150, 35.58.160, 35.58.210, 35.58.230, 35.58.265, 35.58.270, 35.58.370, 35.58.390, 35.58.400, 35.58.460, 35.58.530, 35.61.230, 35.63.020, 35.63.030, 35.63.040, 35.63.100, 35.68.020, 35.69.030, 35.70.030, 35.70.040, 35.70.060, 35.71.050, 35.77.030, 35.82.050, 35.82.060, 35.82.180, 35.84.050, 35.86A.060, 35.88.050, 35.88.060, 35.88.090, 35.92.260, 35.94.020, 35.94.030, 35.96.050, 35A.02.055, 35A.08.020, 35A.08.040, 35A.08.050, 35A.12.010, 35A.12.030, 35A.12.065, 35A.12.070, 35A.12.080, 35A.12.100, 35A.12.110, 35A.12.120, 35A.12.130, 35A.12.150, 35A.12.170, 35A.13.010, 35A.13.020, 35A.13.030, 35A.13.033, 35A.13.035, 35A.13.040, 35A.13.050, 35A.13.060, 35A.13.070, 35A.13.080, 35A.13.100, 35A.13.120, 35A.13.130, 35A.13.140, 35A.14.190, 35A.21.030, 35A.33.010, 35A.33.052, 35A.33.135, 35A.33.160, 35A.36.010, 35A.36.050, 35A.36.060, 35A.42.010, 35A.42.030, 35A.63.020, 35A.63.110, 36.08.020, 36.08.070, 36.08.090, 36.09.020, 36.09.040, 36.13.040, 36.16.040, 36.16.060, 36.16.070, 36.16.087, 36.16.120, 36.17.045, 36.17.050, 36.18.030, 36.18.050, 36.18.060, 36.18.070, 36.18.080, 36.18.090, 36.18.130, 36.18.160, 36.18.180, 36.22.030, 36.22.040, 36.22.050, 36.22.120, 36.22.150, 36.23.020, 36.23.040, 36.23.080, 36.24.010, 36.24.020, 36.24.040, 36.24.070, 36.24.080, 36.24.090, 36.24.110, 36.24.155, 36.24.170, 36.24.180, 36.26.050, 36.26.060, 36.26.070, 36.26.080, 36.27.010, 36.27.030, 36.27.040, 36.27.050, 36.27.070, 36.28.010, 36.28.020, 36.28.030, 36.28.040, 36.28.050, 36.28.090, 36.28.130, 36.28.150, 36.28.160, 36.28.170, 36.28.180, 36.29.025, 36.29.130, 36.32.050, 36.32.060, 36.32.100, 36.32.135, 36.32.310, 36.32.330, 36.33.070, 36.33.080, 36.33.190, 36.34.070, 36.34.150, 36.34.200, 36.35.180, 36.35.190, 36.35.220, 36.35.230, 36.35.240, 36.38.020, 36.40.010, 36.40.130, 36.40.210, 36.48.040, 36.48.050, 36.53.030, 36.53.040, 36.53.060, 36.53.100, 36.53.120, 36.53.130, 36.54.040, 36.54.060, 36.55.050, 36.57.050, 36.57.090, 36.57A.050, 36.57A.120, 36.63.255, 36.64.090, 36.67.530, 36.68.060, 36.69.120, 36.69.230, 36.69.370, 36.70.020, 36.70.080, 36.70.090, 36.70.110, 36.70.120, 36.70.150, 36.70.160, 36.70.170, 36.70.180, 36.70.250, 36.70.260, 36.70.400, 36.70.600, 36.70.850, 36.70.880, 36.71.020, 36.71.040, 36.71.050, 36.71.070, 36.76.120, 36.77.070, 36.78.090, 36.78.110, 36.79.160, 36.79.170, 36.80.015, 36.80.020, 36.80.030, 36.80.050, 36.80.060, 36.81.050, 36.81.060, 36.82.100, 36.87.040, 36.88.040, 36.88.130, 36.88.150, 36.88.200, 36.88.250, 36.88.270, 36.88.300, 36.88.330, 36.88.450, 36.90.030, 36.92.030, 36.93.070, 36.93.110, 36.93.160, 36.94.060, 36.94.290, 36.94.340, 36.95.060, 36.95.100, 36.95.110, 36.95.150, 36.95.160, 43.01.040, 43.01.050, 43.01.070, 43.03.011, 43.03.015, 43.03.020, 43.03.030, 43.03.110, 43.03.120, 43.03.170, 43.03.180, 43.03.200, 43.06.020, 43.06.040, 43.06.050, 43.06.055, 43.06.070, 43.06.080, 43.06.090, 43.06.110, 43.06.120, 43.06.200, 43.06.270, 43.07.010, 43.07.020, 43.07.030, 43.07.040, 43.07.050, 43.07.090, 43.07.110, 43.08.010, 43.08.020, 43.08.030, 43.08.040, 43.08.050, 43.08.062, 43.08.066, 43.08.068, 43.08.070, 43.08.080, 43.08.100, 43.08.120, 43.08.130, 43.08.135, 43.08.150, 43.10.010, 43.10.020, 43.10.030, 43.10.060, 43.10.080, 43.10.090, 43.10.110, 43.10.115, 43.10.120, 43.10.130, 43.10.160, 43.10.170, 43.17.030, 43.17.040, 43.17.050, 43.17.060, 43.17.100, 43.19.180, 43.19.1915, 43.19.1937, 43.19.200, 43.19.595, 43.19.600, 43.19.620, 43.19.630, 43.19.635, 43.20.030, 43.20A.040, 43.20A.110, 43.20A.310, 43.20A.320, 43.20A.415, 43.20A.605, 43.20A.635, 43.20A.660, 43.21A.050, 43.21A.067, 43.21A.090, 43.21A.100, 43.21A.140, 43.21A.600, 43.21A.605, 43.21A.610, 43.21A.620, 43.21A.630, 43.21B.020, 43.21B.050, 43.21B.060, 43.21B.080, 43.21C.010, 43.21C.020, 43.21E.010, 43.21F.405, 43.21G.080, 43.22.310, 43.22.400, 43.22.485, 43.23.015, 43.23.090, 43.23.110, 43.23.120, 43.23.130, 43.23.160, 43.24.090, 43.24.115, 43.27A.190, 43.33.040, 43.37.050, 43.37.120, 43.37.150, 43.37.160, 43.37.170, 43.41.060, 43.41.100, 43.41.106, 43.41.360, 43.43.040, 43.43.110, 43.43.120, 43.43.130, 43.43.135, 43.43.330, 43.43.350, 43.43.370, 43.43.735, 43.43.750, 43.43.815, 43.43.860, 43.46.090, 43.52.290, 43.52.374, 43.52.375, 43.52.378, 43.52A.050, 43.56.040, 43.59.010, 43.59.030, 43.59.060, 43.59.080, 43.70.210, 43.78.010, 43.78.020, 43.78.070, 43.79.074, 43.79.280, 43.79.303, 43.79.313, 43.79.323, 43.79.343, 43.79.393, 43.79A.020, 43.80.130, 43.82.140, 43.83B.220, 43.84.041, 43.84.120, 43.85.070, 43.85.190, 43.86A.020, 43.88.100, 43.89.040, 43.101.040, 43.101.050, 43.101.070, 43.115.040, 43.117.040, 43.117.050, 43.117.090, 43.126.025, 43.126.065, 43.130.040, 43.130.050, 43.336.020, 44.04.100, 44.04.120, 44.16.010, 44.16.030, 44.16.040, 44.16.070, 44.16.080, 44.16.090, 44.16.100, 44.16.120, 44.16.140, 44.16.160, 44.16.170, 44.20.060, 44.39.050, 44.39.060, 44.48.050, 44.48.060, 44.48.110, 48.02.010, 48.02.020, 48.02.030, 48.02.060, 48.02.080, 48.02.090, 48.02.100, 48.02.110, 48.02.130, 48.02.140, 48.02.150, 48.02.170, 48.03.030, 48.04.030, 48.05.110, 48.05.150, 48.05.160, 48.05.210, 48.05.290, 48.05.370, 48.06.050, 48.06.070, 48.06.100, 48.06.110, 48.06.180, 48.07.080, 48.07.150, 48.08.020, 48.08.090, 48.08.100, 48.08.110, 48.08.120, 48.08.130, 48.08.140, 48.08.170, 48.09.130, 48.09.160, 48.09.220, 48.09.230, 48.09.270, 48.10.140, 48.10.170, 48.10.200, 48.10.250, 48.10.260, 48.10.270, 48.10.280, 48.10.300, 48.10.330, 48.10.340, 48.11.080, 48.12.010, 48.12.080, 48.12.140, 48.13.350, 48.14.070, 48.15.100, 48.15.110, 48.15.120, 48.15.170, 48.16.080, 48.16.100, 48.17.430, 48.18.020, 48.18.050, 48.18.070, 48.18.090, 48.18.120, 48.18.130, 48.18.293, 48.18.340, 48.18.375, 48.18.400, 48.18.410, 48.18.420, 48.18.440, 48.18.450, 48.18A.020, 48.19.080, 48.19.090, 48.19.100, 48.19.110, 48.19.120, 48.19.180, 48.19.190, 48.19.220, 48.19.250, 48.19.290, 48.19.310, 48.19.330, 48.19.340, 48.19.350, 48.19.360, 48.19.370, 48.19.410, 48.20.062, 48.20.082, 48.20.172, 48.20.192, 48.20.222, 48.20.242, 48.21.060, 48.21.110, 48.21A.030, 48.21A.060, 48.22.030, 48.23.070, 48.24.120, 48.24.130, 48.24.140, 48.24.170, 48.24.180, 48.24.190, 48.24.200, 48.25.180, 48.25.190, 48.28.020, 48.30.020, 48.30.120, 48.30.130, 48.30.250, 48.31.010, 48.31.050, 48.31.060, 48.31.080, 48.31.090, 48.31.190, 48.31.210, 48.31.220, 48.31.230, 48.31.240, 48.31.270, 48.31.290, 48.31.310, 48.31.340, 48.31.350, 48.31.360, 48.32.080, 48.32.090, 48.32.110, 48.32.150, 48.32.170, 48.34.100, 48.34.120, 48.44.040, 48.44.090, 48.44.145, 48.44.160, 48.44.170, 48.46.040, 48.46.110, 48.46.120, 48.46.200, 48.46.240, 48.56.040, 48.56.050, 48.56.060, 48.56.110, 48.99.020, 48.99.050, and 48.99.060; creating a new section; and repealing RCW 35.18.005 and 35A.01.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1001 RCW 4.24.040 and Code 1881 s 1226 are each amended to
read as follows:
If any person shall for any lawful purpose kindle a fire upon his
or her own land, he or she shall do it at such time and in such manner,
and shall take such care of it to prevent it from spreading and doing
damage to other persons' property, as a prudent and careful ((man))
person would do, and if he or she fails so to do he or she shall be
liable in an action on the case to any person suffering damage thereby
to the full amount of such damage.
Sec. 1002 RCW 9A.08.010 and 1975 1st ex.s. c 260 s 9A.08.010 are
each amended to read as follows:
(1) Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally when he or
she acts with the objective or purpose to accomplish a result which
constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly or with knowledge
when:
(i) he or she is aware of a fact, facts, or circumstances or result
described by a statute defining an offense; or
(ii) he or she has information which would lead a reasonable
((man)) person in the same situation to believe that facts exist which
facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts recklessly when he
or she knows of and disregards a substantial risk that a wrongful act
may occur and his or her disregard of such substantial risk is a gross
deviation from conduct that a reasonable ((man)) person would exercise
in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts
with criminal negligence when he or she fails to be aware of a
substantial risk that a wrongful act may occur and his or her failure
to be aware of such substantial risk constitutes a gross deviation from
the standard of care that a reasonable ((man)) person would exercise in
the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and
Knowledge. When a statute provides that criminal negligence suffices
to establish an element of an offense, such element also is established
if a person acts intentionally, knowingly, or recklessly. When
recklessness suffices to establish an element, such element also is
established if a person acts intentionally or knowingly. When acting
knowingly suffices to establish an element, such element also is
established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade
or degree of an offense depends on whether the offense is committed
intentionally, knowingly, recklessly, or with criminal negligence, its
grade or degree shall be the lowest for which the determinative kind of
culpability is established with respect to any material element of the
offense.
(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A
requirement that an offense be committed wilfully is satisfied if a
person acts knowingly with respect to the material elements of the
offense, unless a purpose to impose further requirements plainly
appears.
Sec. 1003 RCW 9A.76.010 and 2001 c 264 s 4 are each amended to
read as follows:
The following definitions are applicable in this chapter unless the
context otherwise requires:
(1) "Custody" means restraint pursuant to a lawful arrest or an
order of a court, or any period of service on a work crew: PROVIDED,
That custody pursuant to chapter 13.34 RCW and RCW 74.13.020 and
74.13.031 and chapter 13.32A RCW shall not be deemed custody for
purposes of this chapter;
(2) "Detention facility" means any place used for the confinement
of a person (a) arrested for, charged with or convicted of an offense,
or (b) charged with being or adjudicated to be a juvenile offender as
defined in RCW 13.40.020 as now existing or hereafter amended, or (c)
held for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court, except an order under chapter
13.34 RCW or chapter 13.32A RCW, or (e) in any work release, furlough,
or other such facility or program;
(3) "Contraband" means any article or thing which a person confined
in a detention facility is prohibited from obtaining or possessing by
statute, rule, regulation, or order of a court;
(4) "Uncontrollable circumstances" means an act of nature such as
a flood, earthquake, or fire, or a medical condition that requires
immediate hospitalization or treatment, or an act of ((man)) a human
being such as an automobile accident or threats of death, forcible
sexual attack, or substantial bodily injury in the immediate future for
which there is no time for a complaint to the authorities and no time
or opportunity to resort to the courts.
Sec. 1004 RCW 11.28.090 and 1965 c 145 s 11.28.090 are each
amended to read as follows:
Letters testamentary to be issued to executors under the provisions
of this chapter shall be signed by the clerk, and issued under the seal
of the court, and may be in the following form:
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the . . . . day
of . . . . . . , A.D., . . . ., duly exhibited, proven, and recorded in
our said superior court; and whereas, it appears in and by said will
that C D is appointed executor thereon, and, whereas, said C D has duly
qualified, now, therefore, know all ((men)) persons by these presents,
that we do hereby authorize the said C D to execute said will according
to law.
Witness my hand and the seal of said court this . . . . day of
. . . . . ., A.D., 19. . .
Sec. 1005 RCW 11.28.140 and 1965 c 145 s 11.28.140 are each
amended to read as follows:
Letters of administration shall be signed by the clerk, and be
under the seal of the court, and may be substantially in the following
form:
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . . day of
. . . . . . A.D., . . . . died intestate, leaving at the time of his or
her death, property in this state subject to administration: Now,
therefore, know all ((men)) persons by these presents, that we do
hereby appoint . . . . . . . . . administrator upon said estate, and
whereas said administrator has duly qualified, hereby authorize him or
her to administer the same according to law.
Witness my hand and the seal of said court this . . . . day of
. . . . . . A.D., 19. . .
Sec. 1006 RCW 14.12.010 and 1945 c 174 s 1 are each amended to
read as follows:
As used in this chapter, unless the context otherwise requires:
(1) "Airports" means any area of land or water designed and set
aside for the landing and taking-off of aircraft and utilized or to be
utilized in the interest of the public for such purposes.
(2) "Airport hazard" means any structure or tree or use of land
which obstructs the airspace required for the flight of aircraft in
landing or taking-off at an airport or is otherwise hazardous to such
landing or taking-off of aircraft.
(3) "Airport hazard area" means any area of land or water upon
which an airport hazard might be established if not prevented as
provided in this chapter.
(4) "Political subdivision" means any county, city, town, port
district or other municipal or quasi municipal corporation authorized
by law to acquire, own or operate an airport.
(5) "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association or body
politic, including the state and its political subdivisions, and
includes any trustee, receiver, assignee, or other similar
representative thereof.
(6) "Structure" means any object constructed or installed by
((man)) a human being, including, but without limitation, buildings,
towers, smokestacks, and overhead transmission lines.
(7) "Tree" means any object of natural growth.
Sec. 1007 RCW 15.65.020 and 2002 c 313 s 1 are each amended to
read as follows:
The following terms are hereby defined:
(1) "Director" means the director of agriculture of the state of
Washington or his or her duly appointed representative. The phrase
"director or his or her designee" means the director unless, in the
provisions of any marketing agreement or order, he or she has
designated an administrator, board, or other designee to act in the
matter designated, in which case "director or his or her designee"
means for such order or agreement the administrator, board, or other
person(s) so designated and not the director.
(2) "Department" means the department of agriculture of the state
of Washington.
(3) "Marketing order" means an order adopted by the director under
this chapter that establishes a commodity board for an agricultural
commodity or agricultural commodities with like or common qualities or
producers.
(4) "Marketing agreement" means an agreement entered into and
issued by the director pursuant to this chapter.
(5) "Agricultural commodity" means any of the following commodities
or products: Llamas, alpacas, or any other animal or any distinctive
type of agricultural, horticultural, viticultural, floricultural,
vegetable, or animal product, including, but not limited to, products
qualifying as organic food products under chapter 15.86 RCW and private
sector cultured aquatic products as defined in RCW 15.85.020 and other
fish and fish products, either in its natural or processed state,
including beehives containing bees and honey and Christmas trees but
not including timber or timber products. The director is hereby
authorized to determine (on the basis of common usage and practice)
what kinds, types or sub-types should be classed together as an
agricultural commodity for the purposes of this chapter.
(6) "Production area" and "marketing area" means any area defined
as such in any marketing order or agreement in accordance with RCW
15.65.350. "Affected area" means the marketing or production area so
defined in such order, agreement or proposal.
(7) "Unit" of an agricultural commodity means a unit of volume,
weight, quantity, or other measure in which such commodity is commonly
measured. The director shall designate in each marketing order and
agreement the unit to be used therein.
(8) "Affected unit" means in the case of marketing agreements and
orders drawn on the basis of a production area, any unit of the
commodity specified in or covered by such agreement or order which is
produced in such area and sold or marketed or delivered for sale or
marketing; and "affected unit" means, in the case of marketing
agreements and orders drawn on the basis of marketing area, any unit of
the commodity specified in or covered by such agreement or order which
is stored in frozen condition or sold or marketed or delivered for sale
or marketing within such marketing area: PROVIDED, That in the case of
marketing agreements "affected unit" shall include only those units
which are produced by producers or handled by handlers who have
assented to such agreement.
(9) "Affected commodity" means that part or portion of any
agricultural commodity which is covered by or forms the subject matter
of any marketing agreement or order or proposal, and includes all
affected units thereof as herein defined and no others.
(10) "Producer" means any person engaged in the business of
producing any agricultural commodity for market in commercial
quantities. "Affected producer" means any producer who is subject to
a marketing order or agreement. "To produce" means to act as a
producer. For the purposes of RCW 15.65.140 and 15.65.160 as now or
hereafter amended "producer" shall include bailees who contract to
produce or grow any agricultural product on behalf of a bailor who
retains title to the seed and its resulting agricultural product or the
agricultural product delivered for further production or increase.
(11) "Handler" means any person who acts, either as principal,
agent or otherwise, in processing, selling, marketing or distributing
an agricultural commodity or storage of a frozen agricultural commodity
which was not produced by him or her. "Handler" does not mean a common
carrier used to transport an agricultural commodity. "Affected
handler" means any handler of an affected commodity. "To handle" means
to act as a handler.
(12) "Producer-handler" means any person who acts both as a
producer and as a handler with respect to any agricultural commodity.
A producer-handler shall be deemed to be a producer with respect to the
agricultural commodities which he or she produces, and a handler with
respect to the agricultural commodities which he or she handles,
including those produced by himself or herself.
(13) "Cooperative association" means any incorporated or
unincorporated association of producers which conforms to the
qualifications set out in the act of congress of the United States of
February 18, 1922 as amended, known as the "Capper-Volstead Act" and
which is engaged in making collective sales or in marketing any
agricultural commodity or product thereof or in rendering service for
or advancing the interests of the producers of such commodity on a
nonprofit cooperative basis.
(14) "Member of a cooperative association" means any producer who
markets his or her product through such cooperative association and who
is a voting stockholder of or has a vote in the control of or is a
party to a marketing agreement with such cooperative association with
respect to such product.
(15) "Producer marketing" or "marketed by producers" means any or
all operations performed by any producer or cooperative association of
producers in preparing for market and marketing, and shall include:
(a) selling any agricultural commodity produced by such producer(s) to
any handler; (b) delivering any such commodity or otherwise disposing
of it for commercial purposes to or through any handler.
(16) "Commercial quantities" as applied to producers and/or
production means such quantities per year (or other period of time) of
an agricultural commodity as the director finds are not less than the
minimum which a prudent ((man)) person engaged in agricultural
production would produce for the purpose of making such quantity of
such commodity a substantial contribution to the economic operation of
the farm on which such commodity is produced. "Commercial quantities"
as applied to handlers and/or handling means such quantities per year
(or other period of time) of an agricultural commodity or product
thereof as the director finds are not less than the minimum which a
prudent ((man)) person engaged in such handling would handle for the
purpose of making such quantity a substantial contribution to the
handling operation in which such commodity or product thereof is so
handled. In either case the director may in his or her discretion:
(a) Determine that substantial quantity is any amount above zero; and
(b) apply the quantity so determined on a uniform rule applicable alike
to all persons which he or she finds to be similarly situated.
(17) "Commodity board" means any board established pursuant to RCW
15.65.220. "Board" means any such commodity board unless a different
board is expressly specified.
(18) "Sell" includes offer for sale, expose for sale, have in
possession for sale, exchange, barter or trade.
(19) "Section" means a section of this chapter unless some other
statute is specifically mentioned. The present includes the past and
future tenses, and the past or future the present. The masculine
gender includes the feminine and neuter. The singular number includes
the plural and the plural includes the singular.
(20) "Represented in a referendum" means that a written document
evidencing approval or assent or disapproval or dissent is duly and
timely filed with or mailed to the director by or on behalf of an
affected producer and/or a volume of production of an affected
commodity in a form which the director finds meets the requirements of
this chapter. "Referendum" means a vote by the affected parties or
affected producers which is conducted by secret ballot.
(21) "Person" means any individual, firm, corporation, limited
liability company, trust, association, partnership, society, or any
other organization of individuals, or any unit or agency of local,
state, or federal government.
(22) "Affected parties" means any producer, affected producer,
handler, or commodity board member.
(23) "Assessment" means the monetary amount established in a
marketing order or agreement that is to be paid by each affected
producer to a commodity board in accordance with the schedule
established in the marketing order or agreement.
(24) "List of affected parties" means a list containing the names
and mailing addresses of affected parties. This list shall contain the
names and addresses of all affected parties and, if requested by the
director, the amount, by unit, of the affected commodity produced
during a designated period under this chapter.
(25) "List of affected producers" means a list containing the names
and mailing addresses of affected producers. This list shall contain
the names and addresses of all affected producers and, if requested by
the director, the amount, by unit, of the affected commodity produced
during a designated period under this chapter.
(26) "List of affected handlers" means a list containing the names
and addresses of affected handlers. This list shall contain the names
and addresses of all affected handlers and, if requested by the
director, the amount, by unit, of the affected commodity handled during
a designated period under this chapter.
(27) "Mail" or "send" for purposes of any notice relating to rule
making, referenda, or elections means regular mail or electronic
distribution, as provided in RCW 34.05.260 for rule making.
"Electronic distribution" or "electronically" means distribution by
electronic mail or facsimile mail.
(28) "Percent by numbers" means the percent of those persons on the
list of affected parties or affected producers.
(29) "Rule-making proceedings" means the rule-making provisions as
outlined in chapter 34.05 RCW.
(30) "Vacancy" means that a board member leaves or is removed from
a board position prior to the end of a term, or a nomination process
for the beginning of a term concludes with no candidates for a
position.
(31) "Volume of production" means the percent of the average volume
of production of the affected commodity of those on the list of
affected parties or affected producers for a production period. For
the purposes of this chapter, a production period is a minimum three-year period or as specified in the marketing order or agreement.
Sec. 1008 RCW 18.64.011 and 1997 c 129 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, definitions of terms
shall be as indicated when used in this chapter.
(1) "Person" means an individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
(2) "Board" means the Washington state board of pharmacy.
(3) "Drugs" means:
(a) Articles recognized in the official United States pharmacopoeia
or the official homeopathic pharmacopoeia of the United States;
(b) Substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in ((man)) human beings or other
animals;
(c) Substances (other than food) intended to affect the structure
or any function of the body of ((man)) human beings or other animals;
or
(d) Substances intended for use as a component of any substances
specified in (a), (b), or (c) of this subsection, but not including
devices or their component parts or accessories.
(4) "Device" means instruments, apparatus, and contrivances,
including their components, parts, and accessories, intended (a) for
use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in ((man)) human beings or other animals, or (b) to affect the
structure or any function of the body of ((man)) human beings or other
animals.
(5) "Nonlegend" or "nonprescription" drugs means any drugs which
may be lawfully sold without a prescription.
(6) "Legend drugs" means any drugs which are required by any
applicable federal or state law or regulation to be dispensed on
prescription only or are restricted to use by practitioners only.
(7) "Controlled substance" means a drug or substance, or an
immediate precursor of such drug or substance, so designated under or
pursuant to the provisions of chapter 69.50 RCW.
(8) "Prescription" means an order for drugs or devices issued by a
practitioner duly authorized by law or rule in the state of Washington
to prescribe drugs or devices in the course of his or her professional
practice for a legitimate medical purpose.
(9) "Practitioner" means a physician, dentist, veterinarian, nurse,
or other person duly authorized by law or rule in the state of
Washington to prescribe drugs.
(10) "Pharmacist" means a person duly licensed by the Washington
state board of pharmacy to engage in the practice of pharmacy.
(11) "Practice of pharmacy" includes the practice of and
responsibility for: Interpreting prescription orders; the compounding,
dispensing, labeling, administering, and distributing of drugs and
devices; the monitoring of drug therapy and use; the initiating or
modifying of drug therapy in accordance with written guidelines or
protocols previously established and approved for his or her practice
by a practitioner authorized to prescribe drugs; the participating in
drug utilization reviews and drug product selection; the proper and
safe storing and distributing of drugs and devices and maintenance of
proper records thereof; the providing of information on legend drugs
which may include, but is not limited to, the advising of therapeutic
values, hazards, and the uses of drugs and devices.
(12) "Pharmacy" means every place properly licensed by the board of
pharmacy where the practice of pharmacy is conducted.
(13) The words "drug" and "devices" shall not include surgical or
dental instruments or laboratory materials, gas and oxygen, therapy
equipment, X-ray apparatus or therapeutic equipment, their component
parts or accessories, or equipment, instruments, apparatus, or
contrivances used to render such articles effective in medical,
surgical, or dental treatment, or for use or consumption in or for
mechanical, industrial, manufacturing, or scientific applications or
purposes, nor shall the word "drug" include any article or mixture
covered by the Washington pesticide control act (chapter 15.58 RCW), as
enacted or hereafter amended, nor medicated feed intended for and used
exclusively as a feed for animals other than ((man)) human beings.
(14) The word "poison" shall not include any article or mixture
covered by the Washington pesticide control act (chapter 15.58 RCW), as
enacted or hereafter amended.
(15) "Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of a drug or device,
whether or not there is an agency relationship.
(16) "Dispense" means the interpretation of a prescription or order
for a drug, biological, or device and, pursuant to that prescription or
order, the proper selection, measuring, compounding, labeling, or
packaging necessary to prepare that prescription or order for delivery.
(17) "Distribute" means the delivery of a drug or device other than
by administering or dispensing.
(18) "Compounding" shall be the act of combining two or more
ingredients in the preparation of a prescription.
(19) "Wholesaler" shall mean a corporation, individual, or other
entity which buys drugs or devices for resale and distribution to
corporations, individuals, or entities other than consumers.
(20) "Manufacture" means the production, preparation, propagation,
compounding, or processing of a drug or other substance or device or
the packaging or repackaging of such substance or device, or the
labeling or relabeling of the commercial container of such substance or
device, but does not include the activities of a practitioner who, as
an incident to his or her administration or dispensing such substance
or device in the course of his or her professional practice, prepares,
compounds, packages, or labels such substance or device.
(21) "Manufacturer" shall mean a person, corporation, or other
entity engaged in the manufacture of drugs or devices.
(22) "Labeling" shall mean the process of preparing and affixing a
label to any drug or device container. The label must include all
information required by current federal and state law and pharmacy
rules.
(23) "Administer" means the direct application of a drug or device,
whether by injection, inhalation, ingestion, or any other means, to the
body of a patient or research subject.
(24) "Master license system" means the mechanism established by
chapter 19.02 RCW by which master licenses, endorsed for individual
state-issued licenses, are issued and renewed utilizing a master
application and a master license expiration date common to each
renewable license endorsement.
(25) "Department" means the department of health.
(26) "Secretary" means the secretary of health or the secretary's
designee.
(27) "Health care entity" means an organization that provides
health care services in a setting that is not otherwise licensed by the
state. Health care entity includes a free-standing outpatient surgery
center or a free-standing cardiac care center. It does not include an
individual practitioner's office or a multipractitioner clinic.
Sec. 1009 RCW 19.06.010 and 1961 c 56 s 1 are each amended to
read as follows:
Products made by blind persons and sold or distributed in this
state as blind made may bear a label affixed directly to the product
reading "MADE BY THE BLIND" and shall show the distributor's or
manufacturer's name. Any product bearing such label shall have been
made by blind people to the extent of at least seventy-five percent of
the ((man)) labor hours required for its manufacture. No other label,
trade name or sales device tending to create the impression that a
product is made by blind persons shall be used in connection with the
sale or distribution of such product unless the product shall have been
made by blind people to the extent of at least seventy-five percent of
the ((man)) labor hours required for its manufacture.
Sec. 1010 RCW 19.210.010 and 2001 c 160 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1)(a) "Unused property market" means any event:
(i) At which two or more persons offer personal property for sale
or exchange and at which (A) these persons are charged a fee for sale
or exchange of personal property or (B) prospective buyers are charged
a fee for admission to the area at which personal property is offered
or displayed for sale or exchange; or
(ii) Regardless of the number of persons offering or displaying
personal property or the absence of fees, at which personal property is
offered or displayed for sale or exchange if the event is held more
than six times in any twelve-month period.
(b) "Unused property market" is interchangeable with and applicable
to swap meet, indoor swap meet, flea market, or other similar terms,
regardless of whether these events are held inside a building or
outside in the open. The primary characteristic is that these
activities involve a series of sales sufficient in number, scope, and
character to constitute a regular course of business.
(c) "Unused property market" does not include:
(i) An event that is organized for the exclusive benefit of any
community chest, fund, foundation, association, or corporation
organized and operated for religious, educational, or charitable
purposes, provided that no part of any admission fee or parking fee
charged vendors or prospective purchasers or the gross receipts or net
earnings from the sale or exchange of personal property, whether in the
form of a percentage of the receipts or earnings, as salary, or
otherwise, inures to the benefit of any private shareholder or person
participating in the organization or conduct of the event; or
(ii) An event at which all of the personal property offered for
sale or displayed is new, and all persons selling or exchanging
personal property, or offering or displaying personal property for sale
or exchange, are manufacturers or authorized representatives of
manufacturers or distributors.
(2) "Unused property merchant" means any person, other than a
vendor or merchant with an established retail store in the county, who
transports an inventory of goods to a building, vacant lot, or other
unused property market location and who, at that location, displays the
goods for sale and sells the goods at retail or offers the goods for
sale at retail, except a person who offers five or fewer items of the
same new and unused merchandise for sale or exchange at an unused
property market.
(3) "Baby food" or "infant formula" means any food manufactured,
packaged, and labeled specifically for sale for consumption by a child
under the age of two years.
(4) "Nonprescription drug," which may also be referred to as an
over-the-counter drug, means any nonnarcotic medicine or drug that may
be sold without a prescription and is prepackaged for use by the
consumer, prepared by the manufacturer or producer for use by the
consumer, and required to be properly labeled and unadulterated in
accordance with the requirements of the state food and drug laws and
the federal food, drug, and cosmetic act. "Nonprescription drug" does
not include herbal products, dietary supplements, botanical extracts,
or vitamins.
(5) "Medical device" means any instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent, tool, or other similar
or related article, including any component part or accessory, which is
required under federal law to bear the label "caution: federal law
requires dispensing by or on the order of a physician"; or which is
defined by federal law as a medical device and is intended for use in
the diagnosis of disease or other conditions or in the cure,
mitigation, treatment, or prevention of disease in ((man)) human beings
or animals or is intended to affect the structure or any function of
the body of ((man)) human beings or animals, which does not achieve any
of its principal intended purposes through chemical action within or on
the body of ((man)) human beings or animals and which is not dependent
upon being metabolized for achievement of any of its principal intended
purposes.
Sec. 1011 RCW 38.04.020 and 1989 c 19 s 2 are each amended to
read as follows:
Whenever used in this title, the word "officer" shall be understood
to designate commissioned and warrant officers, and the words
(("enlisted men" or)) "enlisted persons" shall be understood to
designate members of the organized militia of Washington other than
commissioned or warrant officers. The convictions and punishments
mentioned unless otherwise specifically designated, shall be understood
to be respectively convictions and punishments by military courts.
Sec. 1012 RCW 38.16.030 and 1991 c 43 s 3 are each amended to
read as follows:
The inactive national guard of this state shall respectively be
organized by the governor in regulations in conformance with the laws,
rules and regulations of the United States. It shall consist of such
organizations, officers and enlisted ((men)) persons as the governor
shall prescribe. No commissioned officer shall be transferred or
furloughed to the inactive national guard without the officer's written
consent, except as otherwise expressly provided by law. Any officer of
the inactive national guard may be restored to the active list by order
of the governor, subject to the same examination as in the case of an
original appointment to his or her rank, and in such event his or her
service in the inactive national guard shall not be counted in
computing total length of service for relative seniority.
Sec. 1013 RCW 49.24.140 and 1941 c 194 s 7 are each amended to
read as follows:
(1) Each bulkhead in tunnels of twelve feet or more in diameter or
equivalent area, shall have at least two locks in perfect working
condition, one of which shall be used as ((a man)) an air lock. An
additional lock for use in case of emergency shall be held in reserve.
(2) The ((man)) air lock shall be large enough so that those using
it are not compelled to be in a cramped position, and shall not be less
than five feet in height. Emergency locks shall be large enough to
hold an entire heading shift.
(3) All locks used for decompression shall be lighted by
electricity and shall contain a pressure gauge, a time piece, a glass
"bull's eye" in each door or in each end, and shall also have
facilities for heating.
(4) Valves shall be so arranged that the locks can be operated both
from within and from without.
Sec. 1014 RCW 49.24.150 and 1941 c 194 s 8 are each amended to
read as follows:
When locking explosives and detonators into the air chamber, they
shall be kept at opposite ends of the lock. While explosives and
detonators are being taken through, no ((men)) persons other than the
lock tender and the carriers shall be permitted in the lock.
Sec. 1015 RCW 49.24.220 and 1941 c 194 s 15 are each amended to
read as follows:
(1) No greater quantity of explosives than that which is required
for immediate use shall be taken into the working chamber.
(2) Explosives shall be conveyed in a suitable covered wooden box.
(3) Detonators shall be conveyed in a separate covered wooden box.
(4) Explosives and detonators shall be taken separately into the
caissons.
(5) After blasting is completed, all explosives and detonators
shall be returned at once to the magazine.
(6) No naked light shall be used in the vicinity of open chests or
magazines containing explosives, nor near where a charge is being
primed.
(7) No tools or other articles shall be carried with the explosives
or with the detonators.
(8) All power lines and electric light wires shall be disconnected
at a point outside the blasting switch before the loading of holes. No
current by grounding of power or bonded rails shall be allowed beyond
blasting switch after explosives are taken in preparatory to blasting,
and under no circumstances shall grounded current be used for exploding
blasts.
(9) Before drilling is commenced on any shift, all remaining holes
shall be examined with a wooden stick for unexploded charges or
cartridges, and if any are found, same shall be refired before work
proceeds.
(10) No person shall be allowed to deepen holes that have
previously contained explosives.
(11) All wires in broken rock shall be carefully traced and search
made for unexploded cartridges.
(12) Whenever blasting is being done in a tunnel, at points liable
to break through to where other ((men)) persons are at work, the
((foreman or)) person in charge shall, before any holes are loaded,
give warning of danger to all persons that may be working where the
blasts may break through, and he or she shall not allow any holes to be
charged until warning is acknowledged and ((men)) persons are removed.
(13) Blasters when testing circuit through charged holes shall use
sufficient leading wires to be at a safe distance and shall use only
approved types of galvanometers. No tests of circuits in charged holes
shall be made until ((men)) persons are removed to safe distance.
(14) No blasts shall be fired with fuse, except electrically
ignited fuse, in vertical or steep shafts.
(15) In shaft sinking where the electric current is used for
firing, a separate switch not controlling any electric lights must be
used for blasting and proper safeguard similar to those in tunnels must
be followed in order to insure against premature firing.
Sec. 1016 RCW 62A.7-204 and 1981 c 13 s 1 are each amended to
read as follows:
(1) A ((warehouseman)) warehouse worker is liable for damages for
loss of or injury to the goods caused by his or her failure to exercise
such care in regard to them as a reasonably careful ((man)) person
would exercise under like circumstances but unless otherwise agreed he
or she is not liable for damages which could not have been avoided by
the exercise of such care.
(2) Damages may be limited by a term in the warehouse receipt or
storage agreement limiting the amount of liability in case of loss or
damage, and setting forth a specific liability per article or item, or
value per unit of weight, beyond which the ((warehouseman)) warehouse
worker shall not be liable; provided, however, that such liability may
on written request of the bailor at the time of signing such storage
agreement or within a reasonable time after receipt of the warehouse
receipt be increased on part or all of the goods thereunder, in which
event increased rates may be charged based on such increased valuation,
but that no such increase shall be permitted contrary to a lawful
limitation of liability contained in the ((warehouseman's)) warehouse
worker's tariff, if any. No such limitation is effective with respect
to the ((warehouseman's)) warehouse worker's liability for conversion
to his or her own use.
(3) Reasonable provisions as to the time and manner of presenting
claims and instituting actions based on the bailment may be included in
the warehouse receipt or tariff.
(4) This section does not impair or repeal the duties of care or
liabilities or penalties for breach thereof as provided in chapters
22.09 and 22.32 RCW.
Sec. 1017 RCW 62A.7-309 and 1965 ex.s. c 157 s 7-309 are each
amended to read as follows:
Save as otherwise provided in RCW 81.29.010 and 81.29.020
(1) A carrier who issues a bill of lading whether negotiable or
non-negotiable must exercise the degree of care in relation to the
goods which a reasonably careful ((man)) person would exercise under
like circumstances.
(2) Damages may be limited by a provision that the carrier's
liability shall not exceed a value stated in the document if the
carrier's rates are dependent upon value and the consignor by the
carrier's tariff is afforded an opportunity to declare a higher value
or a value as lawfully provided in the tariff, or where no tariff is
filed he or she is otherwise advised of such opportunity; but no such
limitation is effective with respect to the carrier's liability for
conversion to its own use.
(3) Reasonable provisions as to the time and manner of presenting
claims and instituting actions based on the shipment may be included in
a bill of lading or tariff.
Sec. 1018 RCW 69.04.009 and 1945 c 257 s 10 are each amended to
read as follows:
The term "drug" means (1) articles recognized in the official
United States pharmacopoeia, official homeopathic pharmacopoeia of the
United States, or official national formulary, or any supplement to any
of them; and (2) articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in ((man)) human beings
or other animals; and (3) articles (other than food) intended to affect
the structure or any function of the body of ((man)) human beings or
other animals; and (4) articles intended for use as a component of any
article specified in clause (1), (2), or (3); but does not include
devices or their components, parts, or accessories.
Sec. 1019 RCW 69.04.010 and 1945 c 257 s 11 are each amended to
read as follows:
The term "device" (except when used in RCW 69.04.016 and in RCW
69.04.040(10), 69.04.270, 69.04.690, and in RCW 69.04.470 as used in
the sentence "(as compared with other words, statements, designs, or
devices, in the labeling)") means instruments, apparatus, and
contrivances, including their components, parts and accessories,
intended (1) for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in ((man)) human beings or other animals; or (2)
to affect the structure or any function of the body of ((man)) human
beings or other animals.
Sec. 1020 RCW 69.04.024 and 1963 c 198 s 11 are each amended to
read as follows:
(1) The term "food additive" means any substance the intended use
of which results or may reasonably be expected to result, directly or
indirectly, in its becoming a component or otherwise affecting the
characteristics of any food (including any substance intended for use
in producing, manufacturing, packing, processing, preparing, treating,
packaging, transporting, or holding food; and including any source of
radiation intended for any such use), if such substance generally is
recognized, among experts qualified by scientific training and
experience to evaluate its safety, as having been adequately shown
through scientific procedures (or, in the case of a substance used in
food prior to January 1, 1958; through either scientific procedures or
experience based on common use in food) to be unsafe under the
conditions of its intended use; except that such term does not include;
(a) a pesticide chemical in or on a raw agricultural commodity; or (b)
a pesticide chemical to the extent that it is intended for use or is
used in the production, storage, or transportation of any raw
agricultural commodity; or (c) a color additive.
(2) The term "safe" as used in the food additive definition has
reference to the health of ((man)) human beings or animals.
Sec. 1021 RCW 69.04.394 and 1975 1st ex.s. c 7 s 27 are each
amended to read as follows:
(1) A food additive shall, with respect to any particular use or
intended use of such additives, be deemed unsafe for the purpose of the
application of clause (2)(c) of RCW 69.04.210, unless:
(a) It and its use or intended use conform to the terms of an
exemption granted, pursuant to a regulation under subsection (2) hereof
providing for the exemption from the requirements of this section for
any food additive, and any food bearing or containing such additive,
intended solely for investigational use by qualified experts when in
the director's opinion such exemption is consistent with the public
health; or
(b) There is in effect, and it and its use or intended use are in
conformity with a regulation issued or effective under subsection (2)
hereof prescribing the conditions under which such additive may be
safely used.
While such a regulation relating to a food additive is in effect,
a food shall not, by reason of bearing or containing such an additive
in accordance with the regulation, be considered adulterated within the
meaning of clause (1) of RCW 69.04.210.
(2) The regulations promulgated under section 409 of the Federal
Food, Drug and Cosmetic Act, as of July 1, 1975, prescribing the
conditions under which such food additive may be safely used, are
hereby adopted as the regulations applicable to this chapter:
PROVIDED, That the director is hereby authorized to adopt by regulation
any new or future amendments to the federal regulations. The director
is also authorized to issue regulations in the absence of federal
regulations and to prescribe the conditions under which a food additive
may be safely used and exemptions where such food additive is to be
used solely for investigational purposes; either upon his or her own
motion or upon the petition of any interested party requesting that
such a regulation be established. It shall be incumbent upon such
petitioner to establish, by data submitted to the director, that a
necessity exists for such regulation and that the effect of such a
regulation will not be detrimental to the public health. If the data
furnished by the petitioner is not sufficient to allow the director to
determine whether such a regulation should be promulgated, the director
may require additional data to be submitted and failure to comply with
this request shall be sufficient grounds to deny the request of the
petitioner for the issuance of such a regulation.
(3) In adopting any new or amended regulations pursuant to this
section, the director shall give appropriate consideration, among other
relevant factors, to the following: (a) The purpose of this chapter
being to promote uniformity of state legislation with the federal act;
(b) the probable consumption of the additive and of any substance
formed in or on food because of the use of the additive; (c) the
cumulative effect of such additive in the diet of ((man)) human beings
or animals, taking into account any chemically or pharmacologically
related substance or substances in such diet; and (d) safety factors
which in the opinion of experts qualified by scientific training and
experience to evaluate the safety of food additives are generally
recognized as appropriate for the use of animal experimentation data.
Sec. 1022 RCW 69.04.396 and 1975 1st ex.s. c 7 s 28 are each
amended to read as follows:
(1) A color additive shall, with respect to any particular use (for
which it is being used or intended to be used or is represented as
suitable) in or on food, be deemed unsafe for the purpose of the
application of RCW 69.04.231, unless:
(a) There is in effect, and such color additive and such use are in
conformity with, a regulation issued under this section listing such
additive for such use, including any provision of such regulation
prescribing the conditions under which such additive may be safely
used;
(b) Such additive and such use thereof conform to the terms of an
exemption for experimental use which is in effect pursuant to
regulation under this section.
While there are in effect regulations under this section relating
to a color additive or an exemption with respect to such additive a
food shall not, by reason of bearing or containing such additive in all
respects in accordance with such regulations or such exemption, be
considered adulterated within the meaning of clause (1) of RCW
69.04.210.
(2) The regulations promulgated under section 706 of the Federal
Food, Drug and Cosmetic Act, as of July 1, 1975, prescribing the use or
limited use of such color additive, are hereby adopted as the
regulations applicable to this chapter: PROVIDED, That the director is
hereby authorized to adopt by regulation any new or future amendments
to the federal regulations. The director is also authorized to issue
regulations in the absence of federal regulations and to prescribe
therein the conditions under which a color additive may be safely used
including exemptions for experimental purposes. Such a regulation may
be issued either upon the director's own motion or upon the petition of
any interested party requesting that such a regulation be established.
It shall be incumbent upon such petitioner to establish, by data
submitted to the director, that a necessity exists for such regulation
and that the effect of such a regulation will not be detrimental to the
public health. If the data furnished by the petitioner is not
sufficient to allow the director to determine whether such a regulation
should be promulgated, the director may require additional data to be
submitted and failure to comply with this request shall be sufficient
grounds to deny the request of the petitioner for the issuance of such
a regulation.
(3) In adopting any new or amended regulations pursuant to this
section, the director shall give appropriate consideration, among other
relevant factors, to the following: (a) The purpose of this chapter
being to promote uniformity of state legislation with the federal act;
(b) the probable consumption of, or other relevant exposure from, the
additive and of any substance formed in or on food because of the use
of the additive; (c) the cumulative effect, if any, of such additive in
the diet of ((man)) human beings or animals, taking into account the
same or any chemically or pharmacologically related substance or
substances in such diet; (d) safety factors which, in the opinion of
experts qualified by scientific training and experience to evaluate the
safety of color additives for the use or uses for which the additive is
proposed to be listed, are generally recognized as appropriate for the
use of animal experimentation data; (e) the availability of any needed
practicable methods of analysis for determining the identity and
quantity of (i) the pure dye and all intermediates and other impurities
contained in such color additives, (ii) such additive in or on any
article of food, and (iii) any substance formed in or on such article
because of the use of such additive; and (f) the conformity by the
manufacturer with the established standards in the industry relating to
the proper formation of such color additive so as to result in a
finished product safe for use as a color additive.
Sec. 1023 RCW 69.04.480 and 1945 c 257 s 66 are each amended to
read as follows:
A drug or device shall be deemed to be misbranded if it is for use
by ((man)) human beings and contains any quantity of the narcotic or
hypnotic substance alpha eucaine, barbituric acid, beta eucaine,
bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin,
marijuana, morphine, opium, paraldehyde, peyote, or sulphomethane; or
any chemical derivative of such substance, which derivative has been
designated as habit forming by regulations promulgated under section
502(d) of the federal act; unless its label bears the name and quantity
or proportion of such substance or derivative and in juxtaposition
therewith the statement "Warning -- May be habit forming."
Sec. 1024 RCW 69.41.010 and 2006 c 8 s 115 are each amended to
read as follows:
As used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise:
(1) "Administer" means the direct application of a legend drug
whether by injection, inhalation, ingestion, or any other means, to the
body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the
practitioner.
(2) "Community-based care settings" include: Community residential
programs for the developmentally disabled, certified by the department
of social and health services under chapter 71A.12 RCW; adult family
homes licensed under chapter 70.128 RCW; and boarding homes licensed
under chapter 18.20 RCW. Community-based care settings do not include
acute care or skilled nursing facilities.
(3) "Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of a legend drug, whether
or not there is an agency relationship.
(4) "Department" means the department of health.
(5) "Dispense" means the interpretation of a prescription or order
for a legend drug and, pursuant to that prescription or order, the
proper selection, measuring, compounding, labeling, or packaging
necessary to prepare that prescription or order for delivery.
(6) "Dispenser" means a practitioner who dispenses.
(7) "Distribute" means to deliver other than by administering or
dispensing a legend drug.
(8) "Distributor" means a person who distributes.
(9) "Drug" means:
(a) Substances recognized as drugs in the official United States
pharmacopoeia, official homeopathic pharmacopoeia of the United States,
or official national formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in ((man)) human beings or animals;
(c) Substances (other than food, minerals or vitamins) intended to
affect the structure or any function of the body of ((man)) human
beings or animals; and
(d) Substances intended for use as a component of any article
specified in (a), (b), or (c) of this subsection. It does not include
devices or their components, parts, or accessories.
(10) "Electronic communication of prescription information" means
the communication of prescription information by computer, or the
transmission of an exact visual image of a prescription by facsimile,
or other electronic means for original prescription information or
prescription refill information for a legend drug between an authorized
practitioner and a pharmacy or the transfer of prescription information
for a legend drug from one pharmacy to another pharmacy.
(11) "In-home care settings" include an individual's place of
temporary and permanent residence, but does not include acute care or
skilled nursing facilities, and does not include community-based care
settings.
(12) "Legend drugs" means any drugs which are required by state law
or regulation of the state board of pharmacy to be dispensed on
prescription only or are restricted to use by practitioners only.
(13) "Legible prescription" means a prescription or medication
order issued by a practitioner that is capable of being read and
understood by the pharmacist filling the prescription or the nurse or
other practitioner implementing the medication order. A prescription
must be hand printed, typewritten, or electronically generated.
(14) "Medication assistance" means assistance rendered by a
nonpractitioner to an individual residing in a community-based care
setting or in-home care setting to facilitate the individual's self-administration of a legend drug or controlled substance. It includes
reminding or coaching the individual, handing the medication container
to the individual, opening the individual's medication container, using
an enabler, or placing the medication in the individual's hand, and
such other means of medication assistance as defined by rule adopted by
the department. A nonpractitioner may help in the preparation of
legend drugs or controlled substances for self-administration where a
practitioner has determined and communicated orally or by written
direction that such medication preparation assistance is necessary and
appropriate. Medication assistance shall not include assistance with
intravenous medications or injectable medications, except prefilled
insulin syringes.
(15) "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
(16) "Practitioner" means:
(a) A physician under chapter 18.71 RCW, an osteopathic physician
or an osteopathic physician and surgeon under chapter 18.57 RCW, a
dentist under chapter 18.32 RCW, a podiatric physician and surgeon
under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a
registered nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW, an optometrist under chapter
18.53 RCW who is certified by the optometry board under RCW 18.53.010,
an osteopathic physician assistant under chapter 18.57A RCW, a
physician assistant under chapter 18.71A RCW, a naturopath licensed
under chapter 18.36A RCW, a pharmacist under chapter 18.64 RCW, or,
when acting under the required supervision of a dentist licensed under
chapter 18.32 RCW, a dental hygienist licensed under chapter 18.29 RCW;
(b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct
research with respect to, or to administer a legend drug in the course
of professional practice or research in this state; and
(c) A physician licensed to practice medicine and surgery or a
physician licensed to practice osteopathic medicine and surgery in any
state, or province of Canada, which shares a common border with the
state of Washington.
(17) "Secretary" means the secretary of health or the secretary's
designee.
Sec. 1025 RCW 70.87.200 and 2003 c 143 s 20 are each amended to
read as follows:
(1) The provisions of this chapter do not apply where:
(a) A conveyance is permanently removed from service or made
effectively inoperative; or
(b) Lifts, ((man)) hoists for persons, or material hoists are
erected temporarily for use during construction work only and are of
such a design that they must be operated by a ((workman)) worker
stationed at the hoisting machine.
(2) Except as limited by RCW 70.87.050, municipalities having in
effect an elevator code prior to June 13, 1963 may continue to assume
jurisdiction over conveyance work and may inspect, issue permits,
collect fees, and prescribe minimum requirements for conveyance work
and operation if the requirements are equal to the requirements of this
chapter and to all rules pertaining to conveyances adopted and
administered by the department. Upon the failure of a municipality
having jurisdiction over conveyances to carry out the provisions of
this chapter with regard to a conveyance, the department may assume
jurisdiction over the conveyance. If a municipality elects not to
maintain jurisdiction over certain conveyances located therein, it may
enter into a written agreement with the department transferring
exclusive jurisdiction of the conveyances to the department. The city
may not reassume jurisdiction after it enters into such an agreement
with the department.
Sec. 1026 RCW 70.104.020 and 1971 ex.s. c 41 s 2 are each amended
to read as follows:
For the purposes of this chapter pesticide means, but is not
limited to:
(1) Any substance or mixture of substances intended to prevent,
destroy, control, repel, or mitigate any insect, rodent, nematode,
snail, slug, fungus, weed and any other form of plant or animal life or
virus, except virus on or in a living ((man)) human being or other
animal, which is normally considered to be a pest or which the director
of agriculture may declare to be a pest; or
(2) Any substance or mixture of substances intended to be used as
a plant regulator, defoliant or desiccant; or
(3) Any spray adjuvant, such as a wetting agent, spreading agent,
deposit builder, adhesive, emulsifying agent, deflocculating agent,
water modifier, or similar agent with or without toxic properties of
its own intended to be used with any other pesticide as an aid to the
application or effect thereof, and sold in a package or container
separate from that of the pesticide with which it is to be used; or
(4) Any fungicide, rodenticide, herbicide, insecticide, and
nematocide.
Sec. 1027 RCW 70.105.010 and 1989 c 376 s 1 are each amended to
read as follows:
The words and phrases defined in this section shall have the
meanings indicated when used in this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or
the director's designee.
(3) "Disposal site" means a geographical site in or upon which
hazardous wastes are disposed of in accordance with the provisions of
this chapter.
(4) "Dispose or disposal" means the discarding or abandoning of
hazardous wastes or the treatment, decontamination, or recycling of
such wastes once they have been discarded or abandoned.
(5) "Dangerous wastes" means any discarded, useless, unwanted, or
abandoned substances, including but not limited to certain pesticides,
or any residues or containers of such substances which are disposed of
in such quantity or concentration as to pose a substantial present or
potential hazard to human health, wildlife, or the environment because
such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause death,
injury, or illness or have mutagenic, teratogenic, or carcinogenic
properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure
through decomposition or other means.
(6) "Extremely hazardous waste" means any dangerous waste which
(a) will persist in a hazardous form for several years or more at
a disposal site and which in its persistent form
(i) presents a significant environmental hazard and may be
concentrated by living organisms through a food chain or may affect the
genetic make-up of ((man)) human beings or wildlife, and
(ii) is highly toxic to ((man)) human beings or wildlife
(b) if disposed of at a disposal site in such quantities as would
present an extreme hazard to ((man)) human beings or the environment.
(7) "Person" means any person, firm, association, county, public or
municipal or private corporation, agency, or other entity whatsoever.
(8) "Pesticide" shall have the meaning of the term as defined in
RCW 15.58.030 as now or hereafter amended.
(9) "Solid waste advisory committee" means the same advisory
committee as per RCW 70.95.040 through 70.95.070.
(10) "Designated zone facility" means any facility that requires an
interim or final status permit under rules adopted under this chapter
and that is not a preempted facility as defined in this section.
(11) "Facility" means all contiguous land and structures, other
appurtenances, and improvements on the land used for recycling,
storing, treating, incinerating, or disposing of hazardous waste.
(12) "Preempted facility" means any facility that includes as a
significant part of its activities any of the following operations:
(a) Landfill, (b) incineration, (c) land treatment, (d) surface
impoundment to be closed as a landfill, or (e) waste pile to be closed
as a landfill.
(13) "Hazardous household substances" means those substances
identified by the department as hazardous household substances in the
guidelines developed under RCW 70.105.220.
(14) "Hazardous substances" means any liquid, solid, gas, or
sludge, including any material, substance, product, commodity, or
waste, regardless of quantity, that exhibits any of the characteristics
or criteria of hazardous waste as described in rules adopted under this
chapter.
(15) "Hazardous waste" means and includes all dangerous and
extremely hazardous waste, including substances composed of both
radioactive and hazardous components.
(16) "Local government" means a city, town, or county.
(17) "Moderate-risk waste" means (a) any waste that exhibits any of
the properties of hazardous waste but is exempt from regulation under
this chapter solely because the waste is generated in quantities below
the threshold for regulation, and (b) any household wastes which are
generated from the disposal of substances identified by the department
as hazardous household substances.
(18) "Service charge" means an assessment imposed under RCW
70.105.280 against those facilities that store, treat, incinerate, or
dispose of dangerous or extremely hazardous waste that contains both a
nonradioactive hazardous component and a radioactive component.
Service charges shall also apply to facilities undergoing closure under
this chapter in those instances where closure entails the physical
characterization of remaining wastes which contain both a
nonradioactive hazardous component and a radioactive component or the
management of such wastes through treatment or removal, except any
commercial low-level radioactive waste facility.
Sec. 1028 RCW 77.55.011 and 2005 c 146 s 101 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Bed" means the land below the ordinary high water lines of
state waters. This definition does not include irrigation ditches,
canals, storm water runoff devices, or other artificial watercourses
except where they exist in a natural watercourse that has been altered
((by man)) artificially.
(2) "Board" means the hydraulic appeals board created in RCW
77.55.301.
(3) "Commission" means the state fish and wildlife commission.
(4) "Department" means the department of fish and wildlife.
(5) "Director" means the director of the department of fish and
wildlife.
(6) "Emergency" means an immediate threat to life, the public,
property, or of environmental degradation.
(7) "Hydraulic project" means the construction or performance of
work that will use, divert, obstruct, or change the natural flow or bed
of any of the salt or freshwaters of the state.
(8) "Imminent danger" means a threat by weather, water flow, or
other natural conditions that is likely to occur within sixty days of
a request for a permit application.
(9) "Marina" means a public or private facility providing boat
moorage space, fuel, or commercial services. Commercial services
include but are not limited to overnight or live-aboard boating
accommodations.
(10) "Marine terminal" means a public or private commercial wharf
located in the navigable water of the state and used, or intended to be
used, as a port or facility for the storing, handling, transferring, or
transporting of goods to and from vessels.
(11) "Ordinary high water line" means the mark on the shores of all
water that will be found by examining the bed and banks and
ascertaining where the presence and action of waters are so common and
usual, and so long continued in ordinary years as to mark upon the soil
or vegetation a character distinct from the abutting upland. Provided,
that in any area where the ordinary high water line cannot be found,
the ordinary high water line adjoining saltwater is the line of mean
higher high water and the ordinary high water line adjoining fresh
water is the elevation of the mean annual flood.
(12) "Permit" means a hydraulic project approval permit issued
under this chapter.
(13) "Sandbars" includes, but is not limited to, sand, gravel,
rock, silt, and sediments.
(14) "Small scale prospecting and mining" means the use of only the
following methods: Pans; nonmotorized sluice boxes; concentrators; and
minirocker boxes for the discovery and recovery of minerals.
(15) "Spartina," "purple loosestrife," and "aquatic noxious weeds"
have the same meanings as defined in RCW 17.26.020.
(16) "Streambank stabilization" means those projects that prevent
or limit erosion, slippage, and mass wasting. These projects include,
but are not limited to, bank resloping, log and debris relocation or
removal, planting of woody vegetation, bank protection using rock or
woody material or placement of jetties or groins, gravel removal, or
erosion control.
(17) "Tide gate" means a one-way check valve that prevents the
backflow of tidal water.
(18) "Waters of the state" and "state waters" means all salt and
fresh waters waterward of the ordinary high water line and within the
territorial boundary of the state.
Sec. 1029 RCW 79A.05.600 and 1967 c 120 s 1 are each amended to
read as follows:
The beaches bounding the Pacific Ocean from the Straits of Juan de
Fuca to Cape Disappointment at the mouth of the Columbia River
constitute some of the last unspoiled seashore remaining in the United
States. They provide the public with almost unlimited opportunities
for recreational activities, like swimming, surfing and hiking; for
outdoor sports, like hunting, fishing, clamming, and boating; for the
observation of nature as it existed for hundreds of years before the
arrival of ((white men)) Europeans; and for relaxation away from the
pressures and tensions of modern life. In past years, these
recreational activities have been enjoyed by countless Washington
citizens, as well as by tourists from other states and countries. The
number of people wishing to participate in such recreational activities
grows annually. This increasing public pressure makes it necessary
that the state dedicate the use of the ocean beaches to public
recreation and to provide certain recreational and sanitary facilities.
Nonrecreational use of the beach must be strictly limited. Even
recreational uses must be regulated in order that Washington's
unrivaled seashore may be saved for our children in much the same form
as we know it today.
Sec. 1030 RCW 81.40.080 and 2003 c 53 s 389 are each amended to
read as follows:
(1) It shall be unlawful for any railroad company, corporation,
association or other person owning, controlling or operating any line
of railroad in the state of Washington, to build, construct,
reconstruct, or repair railroad car equipment or motive power in this
state without first erecting and maintaining at every point where five
employees or more are regularly employed on such work, a shed over a
sufficient portion of the tracks used for such work, so as to provide
that all ((men)) persons regularly employed in such work shall be
sheltered and protected from rain and other inclement weather:
PROVIDED, That the provisions of this section shall not apply at points
where it is necessary to make light repairs only on equipment or motive
power, nor to equipment loaded with time or perishable freight, nor to
equipment when trains are being held for the movement of equipment, nor
to equipment on tracks where trains arrive or depart or are assembled
or made up for departure. The term "light repairs," as herein used,
shall not include repairs usually made in roundhouse, shop or shed upon
well equipped railroads.
(2) Any railroad company or officer or agent thereof, or any other
person, who violates this section by failing or refusing to comply with
its provisions is guilty of a misdemeanor, and each day's failure or
refusal to comply shall be considered a separate offense.
Sec. 1031 RCW 81.48.050 and 1961 c 14 s 81.48.050 are each
amended to read as follows:
All railroads and street railroads, operating in this state shall
cause their trains and cars to come to a full stop at a distance not
greater than five hundred feet before crossing the tracks of another
railroad crossing at grade, excepting at crossings where there are
established signal towers, and signal ((men)) operators, interlocking
plants or gates.
Sec. 1032 RCW 81.64.090 and 2003 c 53 s 396 are each amended to
read as follows:
(1) Street railway or streetcar companies, or streetcar
corporations, shall employ none but competent ((men)) persons to
operate or assist as conductors, ((motormen)) motor operators, or
((gripmen)) grip operators upon any street railway, or streetcar line
in this state.
(2) A person shall be deemed competent to operate or assist in
operating cars or (dummies) usually used by street railway or streetcar
companies, or corporations, only after first having served at least
three days under personal instruction of a regularly employed
conductor, ((motorman)) motor operator, or ((gripman)) grip operator on
a car or dummy in actual service on the particular street railway or
streetcar line for which the service of an additional person or
additional persons may be required: PROVIDED, That during a strike on
the streetcar lines the railway companies may employ competent persons
who have not worked three days on the particular streetcar line.
(3) Any violation of this section by the president, secretary,
manager, superintendent, assistant superintendent, stockholder, or
other officer or employee of any company or corporation owning or
operating any street railway or streetcar line or any receiver of
street railway or streetcar company, or street railway or streetcar
corporations appointed by any court within this state to operate such
car line is a misdemeanor punishable by a fine in any amount not less
than fifty dollars nor more than two hundred dollars, or imprisonment
in the county jail for a term of thirty days, or both such fine and
imprisonment at the discretion of the court.
Sec. 1033 RCW 82.75.010 and 2006 c 178 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under
this chapter.
(2) "Biotechnology" means a technology based on the science of
biology, microbiology, molecular biology, cellular biology,
biochemistry, or biophysics, or any combination of these, and includes,
but is not limited to, recombinant DNA techniques, genetics and genetic
engineering, cell fusion techniques, and new bioprocesses, using living
organisms, or parts of organisms.
(3) "Biotechnology product" means any virus, therapeutic serum,
antibody, protein, toxin, antitoxin, vaccine, blood, blood component or
derivative, allergenic product, or analogous product produced through
the application of biotechnology that is used in the prevention,
treatment, or cure of diseases or injuries to humans.
(4) "Department" means the department of revenue.
(5)(a) "Eligible investment project" means an investment in
qualified buildings or qualified machinery and equipment, including
labor and services rendered in the planning, installation, and
construction of the project.
(b) The lessor or owner of a qualified building is not eligible for
a deferral unless:
(i) The underlying ownership of the buildings, machinery, and
equipment vests exclusively in the same person; or
(ii)(A) The lessor by written contract agrees to pass the economic
benefit of the deferral to the lessee;
(B) The lessee that receives the economic benefit of the deferral
agrees in writing with the department to complete the annual survey
required under RCW 82.32.645; and
(C) The economic benefit of the deferral passed to the lessee is no
less than the amount of tax deferred by the lessor and is evidenced by
written documentation of any type of payment, credit, or other
financial arrangement between the lessor or owner of the qualified
building and the lessee.
(6)(a) "Initiation of construction" means the date that a building
permit is issued under the building code adopted under RCW 19.27.031
for:
(i) Construction of the qualified building, if the underlying
ownership of the building vests exclusively with the person receiving
the economic benefit of the deferral;
(ii) Construction of the qualified building, if the economic
benefits of the deferral are passed to a lessee as provided in
subsection (5)(b)(ii)(A) of this section; or
(iii) Tenant improvements for a qualified building, if the economic
benefits of the deferral are passed to a lessee as provided in
subsection (5)(b)(ii)(A) of this section.
(b) "Initiation of construction" does not include soil testing,
site clearing and grading, site preparation, or any other related
activities that are initiated before the issuance of a building permit
for the construction of the foundation of the building.
(c) If the investment project is a phased project, "initiation of
construction" shall apply separately to each phase.
(7) "Manufacturing" has the meaning provided in RCW 82.04.120.
(8) "Medical device" means an instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent, or other similar or
related article, including any component, part, or accessory, that is
designed or developed and:
(a) Recognized in the national formulary, or the United States
pharmacopeia, or any supplement to them;
(b) Intended for use in the diagnosis of disease, or in the cure,
mitigation, treatment, or prevention of disease or other conditions in
human beings or other animals; or
(c) Intended to affect the structure or any function of the body of
((man)) human beings or other animals, and which does not achieve any
of its primary intended purposes through chemical action within or on
the body of ((man)) human beings or other animals and which is not
dependent upon being metabolized for the achievement of any of its
principal intended purposes.
(9) "Person" has the meaning provided in RCW 82.04.030.
(10) "Qualified buildings" means construction of new structures,
and expansion or renovation of existing structures for the purpose of
increasing floor space or production capacity used for biotechnology
product manufacturing or medical device manufacturing activities,
including plant offices, commercial laboratories for process
development, quality assurance and quality control, and warehouses or
other facilities for the storage of raw material or finished goods if
the facilities are an essential or an integral part of a factory,
plant, or laboratory used for biotechnology product manufacturing or
medical device manufacturing. If a building is used partly for
biotechnology product manufacturing or medical device manufacturing and
partly for other purposes, the applicable tax deferral shall be
determined by apportionment of the costs of construction under rules
adopted by the department.
(11) "Qualified machinery and equipment" means all new industrial
and research fixtures, equipment, and support facilities that are an
integral and necessary part of a biotechnology product manufacturing or
medical device manufacturing operation. "Qualified machinery and
equipment" includes: Computers; software; data processing equipment;
laboratory equipment; manufacturing components such as belts, pulleys,
shafts, and moving parts; molds, tools, and dies; operating structures;
and all equipment used to control or operate the machinery.
(12) "Recipient" means a person receiving a tax deferral under this
chapter.
Sec. 1034 RCW 84.36.260 and 1979 ex.s. c 193 s 1 are each amended
to read as follows:
All real property interests, including fee simple or any lesser
interest, development rights, easements, covenants and conservation
futures, as that latter term is defined in RCW 84.34.220 as now or
hereafter amended, used exclusively for the conservation of ecological
systems, natural resources, or open space, including park lands, held
by any nonprofit corporation or association the primary purpose of
which is the conducting or facilitating of scientific research or the
conserving of natural resources or open space for the general public,
shall be exempt from ad valorem taxation if either of the following
conditions are met:
(1) To the extent feasible considering the nature of the property
interest involved, such property interests shall be used and
effectively dedicated primarily for the purpose of providing scientific
research or educational opportunities for the general public or the
preservation of native plants or animals, or biotic communities, or
works of ancient ((man)) human beings or geological or geographical
formations, of distinct scientific and educational interest, and not
for the pecuniary benefit of any person or company, as defined in RCW
82.04.030, and shall be open to the general public for educational and
scientific research purposes subject to reasonable restrictions
designed for its protection; or
(2) Such property interests shall be subject to an option, accepted
in writing by the state, a city or a county, or department of the
United States government, for the purchase thereof by the state, a city
or a county, or the United States, at a price not exceeding the lesser
of the following amounts: (a) The sum of the original purchase cost to
such nonprofit corporation or association plus interest from the date
of acquisition by such corporation or association at the rate of six
percent per annum compounded annually to the date of the exercise of
the option; or (b) the appraised value of the property at the time of
the granting of the option, as determined by the department of revenue
or when the option is held by the United States, or by an appropriate
agency thereof.
Sec. 1035 RCW 85.08.310 and 1921 c 157 s 5 are each amended to
read as follows:
The said board of supervisors shall, immediately upon their
election and qualification, begin the construction of such system of
improvement and shall proceed with the construction thereof in
accordance with the plans adopted therefor. In the construction of any
system of drainage, construction shall be begun at the outlet or
outlets thereof and at such other points as may be deemed advisable
from time to time. In the construction of any system of improvement
the board of supervisors with the approval of the board of county
commissioners may modify, curtail, enlarge or add to the original plans
wherever the same may be found necessary or advisable in the course of
actual construction. But such changes shall not in the aggregate
increase the estimated cost of the entire system by more than one-fifth, and all additional or different rights-of-way required shall be
obtained as hereinbefore prescribed. The board of county commissioners
may in its discretion let the construction of said system or any
portion thereof by contract, in the manner provided for letting
contracts for the construction of county roads and bridges. The board
of county commissioners may, upon such terms as may be agreed upon by
the United States acting in pursuance of the National Reclamation Act
approved June 17, 1902 (32 Statutes at Large 388), and the acts
amendatory thereof and supplemental thereto, or in pursuance to any
other act of congress appropriate to the purpose, contract for the
construction of the system of improvement or any part thereof, by the
United States, or in cooperation with the United States therein. In
such case, no bond shall be required, and the work shall be done under
the supervision and control of the proper officers of the United
States.
Unless the work of construction is let by contract as hereinbefore
provided, or for such part of such work as is not covered by contract,
the board of supervisors shall employ such number of ((men)) persons as
shall be necessary to successfully carry on the work of such
construction, and shall give preference in such employment to persons
owning land to be benefited by the improvement.
The provisions of this section shall not be construed as denying to
the supervisors, in case the construction work is left in their hands,
the power to enter into an agreement with any contractor to furnish
labor, material, equipment and skilled supervision, the contractor to
be compensated upon the basis of a specific sum, or upon a percentage
of the cost of the work, the services of the contractor to cover the
use of equipment and the value of skilled supervision: PROVIDED,
HOWEVER, That there is retained in the said board by the contract the
right of termination thereof at any time, on reasonable notice, and
fixing in the said contract, or reserving in said board, the right to
fix the rates of wages to be paid to the ((men)) persons employed in
said work. The board of supervisors may also let contracts in such
manner and on such notice as they deem advisable for items of
construction not exceeding one thousand dollars in amount of
expenditures.
Sec. 2001 RCW 35.07.090 and 1965 c 7 s 35.07.090 are each amended
to read as follows:
Upon disincorporation of a city or town, its powers and privileges
as such, are surrendered to the state and it is absolved from any
further duty to the state or its own inhabitants and all the offices
appertaining thereto shall cease to exist immediately upon the entry of
the result: PROVIDED, That if a receiver is required, the officers
shall continue in the exercise of all their powers until a receiver has
qualified as such, and thereupon shall surrender to him or her all
property, money, vouchers, records and books of the city or town
including those in any manner pertaining to its business.
Sec. 2002 RCW 35.07.120 and 1965 c 7 s 35.07.120 are each amended
to read as follows:
The receiver must qualify within ten days after he or she has been
declared elected, by filing with the county auditor a bond equal in
penalty to the audited indebtedness and the established liabilities of
the city or town with sureties approved by the board of county
commissioners, or if the board is not in session, by the judge of the
superior court of the county. The bond shall run to the state and
shall be conditioned for the faithful performance of his or her duties
as receiver and the prompt payment in the order of their priority of
all lawful claims finally established as the funds come into his or her
hands to discharge them. The bond shall be filed with the county
auditor and shall be a public record and shall be for the benefit of
every person who may be injured by the receiver's failure to discharge
his or her duty.
Sec. 2003 RCW 35.07.130 and 1965 c 7 s 35.07.130 are each amended
to read as follows:
If the person elected receiver fails to qualify as such within the
prescribed time, the council shall file in the superior court of the
county a petition setting forth the fact of the election, its result
and the failure of the person elected receiver to qualify within the
prescribed time and praying for the appointment of another person as
receiver. Notice of the filing of the petition and of the time fixed
for hearing thereon must be served upon the person elected receiver at
least three days before the time fixed for the hearing. If he or she
cannot be found within the county, no notice need be served, and the
court may proceed with full jurisdiction to determine the matter upon
the hearing. Unless good cause to the contrary is shown, the court
shall appoint some suitable person to act as receiver, who shall
qualify as required by RCW 35.07.120 within ten days from the date of
his or her appointment.
If the council fails to procure the appointment of a receiver, any
person qualified to vote in the city or town may file such a petition
and make such application.
Sec. 2004 RCW 35.07.140 and 1965 c 7 s 35.07.140 are each amended
to read as follows:
If no receiver is elected upon the supposition that no indebtedness
existed and it transpires that the municipality does have indebtedness
or an outstanding liability, any interested person may file a petition
in the superior court asking for the appointment of a receiver, and
unless the indebtedness or liability is discharged, the court shall
appoint some suitable person to act as receiver who shall qualify as
required of any other receiver hereunder, within ten days from the date
of his or her appointment.
Sec. 2005 RCW 35.07.150 and 1965 c 7 s 35.07.150 are each amended
to read as follows:
The receiver, upon qualifying, shall take possession of all the
property, money, vouchers, records and books of the former municipality
including those in any manner pertaining to its business and proceed to
wind up its affairs. He or she shall have authority to pay:
(1) All outstanding warrants and bonds in the order of their
maturity with due regard to the fund on which they are properly a
charge;
(2) All lawful claims against the corporation which have been
audited and allowed by the council;
(3) All lawful claims which may be presented to him or her within
the time limited by law for the presentation of such claims, but no
claim shall be allowed or paid which is not presented within six months
from the date of the disincorporation election;
(4) All claims that by final adjudication may come to be
established as lawful claims against the corporation.
As between warrants, bonds and other claims, their priority shall
be determined with regard to the fund on which they are properly a
charge.
Sec. 2006 RCW 35.07.170 and 1965 c 7 s 35.07.170 are each amended
to read as follows:
The receiver shall be authorized to sell at public auction after
such public notice as the sheriff is required to give of like property
sold on execution, all the property of the former municipality except
such as is necessary for his or her use in winding up its affairs, and
excepting also such as has been dedicated to public use.
Personal property shall be sold for cash.
Real property may be sold for all cash, or for one-half cash and
the remainder in deferred payments, the last payment not to be later
than one year from date of sale. Title shall not pass until all
deferred payments have been fully paid.
Sec. 2007 RCW 35.07.190 and 1965 c 7 s 35.07.190 are each amended
to read as follows:
The receiver shall be entitled to deduct from any funds coming into
his or her hands a commission of six percent on the first thousand
dollars, five percent on the second thousand and four percent on any
amount over two thousand dollars as his or her full compensation
exclusive of necessary traveling expenses and necessary disbursements,
but not exclusive of attorney's fees.
Sec. 2008 RCW 35.07.200 and 1965 c 7 s 35.07.200 are each amended
to read as follows:
The receiver shall proceed to wind up the affairs of the
corporation with diligence and for negligence or misconduct in the
discharge of his or her duties may be removed by the superior court
upon a proper showing made by a taxpayer of the former city or town or
by an unsatisfied creditor thereof.
Sec. 2009 RCW 35.07.220 and 1965 c 7 s 35.07.220 are each amended
to read as follows:
Upon the final payment of all lawful demands against the former
city or town, the receiver shall file a final account, together with
all vouchers, with the clerk of the superior court. Any funds
remaining in his or her hands shall be paid to the county treasurer for
the use of the school district in which the former city or town was
situated; and thereupon the receivership shall be at an end.
Sec. 2010 RCW 35.13.171 and 1995 c 399 s 35 are each amended to
read as follows:
Within thirty days after the filing of a city's or town's
annexation resolution pursuant to RCW 35.13.015 with the board of
county commissioners or within thirty days after filing with the county
commissioners a petition calling for an election on annexation, as
provided in RCW 35.13.020, or within thirty days after approval by the
legislative body of a city or town of a petition of property owners
calling for annexation, as provided in RCW 35.13.130, the mayor of the
city or town concerned that is not subject to the jurisdiction of a
boundary review board under chapter 36.93 RCW, shall convene a review
board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by
resolution, or the mayor in the event of a twenty percent annexation
petition pursuant to RCW 35.13.020, or an alternate designated by the
mayor;
(2) The ((chairman)) chair of the board of county commissioners of
the county wherein the property to be annexed is situated, or an
alternate designated by him or her;
(3) The director of community, trade, and economic development, or
an alternate designated by the director;
Two additional members to be designated, one by the mayor of the
annexing city, which member shall be a resident property owner of the
city, and one by the ((chairman)) chair of the county legislative
authority, which member shall be a resident of and a property owner or
a resident or a property owner if there be no resident property owner
in the area proposed to be annexed, shall be added to the original
membership and the full board thereafter convened upon call of the
mayor: PROVIDED FURTHER, That three members of the board shall
constitute a quorum.
Sec. 2011 RCW 35.13A.090 and 1999 c 153 s 32 are each amended to
read as follows:
Whenever a city acquires all of the facilities of a district,
pursuant to this chapter, such a city shall offer to employ every full
time employee of the district who is engaged in the operation of such
a district's facilities on the date on which such city acquires the
district facilities. When a city acquires any portion of the
facilities of such a district, such a city shall offer to employ full
time employees of the district as of the date of the acquisition of the
facilities of the district who are not longer needed by the district.
Whenever a city employs a person who was employed immediately prior
thereto by the district, arrangements shall be made:
(1) For the retention of all sick leave standing to the employee's
credit in the plan of such district.
(2) For a vacation with pay during the first year of employment
equivalent to that to which he or she would have been entitled if he or
she had remained in the employment of the district.
Sec. 2012 RCW 35.14.030 and 1967 c 73 s 3 are each amended to
read as follows:
Each community council shall be staffed by a deputy to the city
clerk of the city with which the service area is consolidated or
annexed and shall be provided with such other clerical and technical
assistance and a properly equipped office as may be necessary to carry
out its functions.
Each community council shall elect a ((chairman)) chair and vice
((chairman)) chair from its membership. A majority of the council
shall constitute a quorum. Each action of the community municipal
corporation shall be by resolution approved by vote of the majority of
all the members of the community council. Meetings shall be held at
such times and places as provided in the rules of the community
council. Members of the community council shall receive no
compensation.
The necessary expenses of the community council shall be budgeted
and paid by the city.
Sec. 2013 RCW 35.14.060 and 1967 c 73 s 6 are each amended to
read as follows:
The original terms of existence of any community municipal
corporation shall be for at least four years and until the first Monday
in January next following a regular municipal election held in the
city.
Any such community municipal corporation may be continued
thereafter for additional periods of four years' duration with the
approval of the voters at an election held and conducted in the manner
provided for in this section.
Authorization for a community municipal corporation to continue its
term of existence for each additional period of four years may be
initiated pursuant to a resolution or a petition in the following
manner:
(1) A resolution praying for such continuation may be adopted by
the community council and shall be filed not less than seven months
prior to the end of the term of existence of such corporation with the
city council or other legislative body of the city in which the service
area is located.
(2) A petition for continuation shall be signed by at least ten
percent of the registered voters residing within the service area and
shall be filed not less than six months prior to the end of the term of
existence of such corporation with the city council or other
legislative body of the city in which the service area is located.
At the same election at which a proposition is submitted to the
voters of the service area for the continuation of the community
municipal corporation for an additional period of four years, the
community councilmembers of such municipal corporation shall be
elected. The positions on such council shall be the same in number as
the original or initial council and shall be numbered consecutively and
elected at large. Declarations of candidacy and withdrawals shall be
in the same manner as is provided for members of the city council or
other legislative body of the city.
Upon receipt of a petition, the city clerk shall examine the
signatures thereon and certify to the sufficiency thereof. No person
may withdraw his or her name from a petition after it has been filed.
Upon receipt of a valid resolution or upon duly certifying a
petition for continuation of a community municipal corporation, the
city clerk with whom the resolution or petition was filed shall cause
a proposition on continuation of the term of existence of the community
municipal corporation to be placed on the ballot at the next city
general election. No person shall be eligible to vote on such
proposition at such election unless he or she is a qualified voter and
resident of the service area.
The ballots shall contain the words "For continuation of community
municipal corporation" and "Against continuation of community municipal
corporation" or words equivalent thereto, and shall also contain the
names of the candidates to be voted for to fill the positions on the
community council. The names of all candidates to be voted upon shall
be printed on the ballot alphabetically in groups under the numbered
position on the council for which they are candidates.
If the results of the election as certified by the county
canvassing board reveal that a majority of the votes cast are for
continuation, the municipal corporation shall continue in existence for
an additional period of four years, and certificates of election shall
be issued to the successful candidates who shall assume office at the
same time as members of the city council or other legislative body of
the city.
Sec. 2014 RCW 35.17.060 and 1965 c 7 s 35.17.060 are each amended
to read as follows:
The mayor shall be president of the commission. He or she shall
preside at its meetings when present and shall oversee all departments
and recommend to the commission, action on all matters requiring
attention in any department.
Sec. 2015 RCW 35.17.070 and 1965 c 7 s 35.17.070 are each amended
to read as follows:
The commissioner of finance and accounting shall be vice president
of the commission. In the absence or inability of the mayor, he or she
shall perform the duties of president.
Sec. 2016 RCW 35.17.080 and 1965 c 7 s 35.17.080 are each amended
to read as follows:
The commission shall appoint by a majority vote a city clerk and
such other officers and employees as the commission may by ordinance
provide. Any officer or employee appointed by the commission may be
discharged at any time by vote of a majority of the members of the
commission. Any commissioner may perform any duties pertaining to his
or her department but without additional compensation therefor.
Sec. 2017 RCW 35.17.150 and 1965 c 7 s 35.17.150 are each amended
to read as follows:
No officer or employee, elected or appointed, shall receive from
any enterprise operating under a public franchise any frank, free
ticket, or free service or receive any service upon terms more
favorable than are granted to the public generally: PROVIDED, That the
provisions of this section shall not apply to free transportation
furnished to ((policemen)) police officers and ((firemen)) firefighters
in uniform nor to free service to city officials provided for in the
franchise itself.
Any violation of the provisions of this section shall be a
misdemeanor.
Sec. 2018 RCW 35.17.280 and 1965 c 7 s 35.17.280 are each amended
to read as follows:
Within ten days from the filing of a petition submitting a proposed
ordinance the city clerk shall ascertain and append to the petition his
or her certificate stating whether or not it is signed by a sufficient
number of registered voters, using the registration records and returns
of the preceding municipal election for his or her sources of
information, and the commission shall allow him or her extra help for
that purpose, if necessary. If the signatures are found by the clerk
to be insufficient the petition may be amended in that respect within
ten days from the date of the certificate. Within ten days after
submission of the amended petition the clerk shall make an examination
thereof and append his or her certificate thereto in the same manner as
before. If the second certificate shall also show the number of
signatures to be insufficient, the petition shall be returned to the
person filing it.
Sec. 2019 RCW 35.18.010 and 1965 c 7 s 35.18.010 are each amended
to read as follows:
Under the council-manager plan of city government, the
((councilmen)) councilmembers shall be the only elective officials.
The council shall appoint an officer whose title shall be "city
manager" who shall be the chief executive officer and head of the
administrative branch of city or town government. The city manager
shall be responsible to the council for the proper administration of
all affairs of the city or town.
Sec. 2020 RCW 35.18.040 and 1965 c 7 s 35.18.040 are each amended
to read as follows:
The city manager need not be a resident. He or she shall be chosen
by the council solely on the basis of his or her executive and
administrative qualifications with special reference to his or her
actual experience in, or his or her knowledge of, accepted practice in
respect to the duties of his or her office. No person elected to
membership on the council shall be eligible for appointment as city
manager until one year has elapsed following the expiration of the term
for which he or she was elected.
Sec. 2021 RCW 35.18.050 and 1965 c 7 s 35.18.050 are each amended
to read as follows:
Before entering upon the duties of his or her office the city
manager shall take the official oath for the support of the government
and the faithful performance of his or her duties and shall execute and
file with the clerk of the council a bond in favor of the city or town
in such sum as may be fixed by the council.
Sec. 2022 RCW 35.18.060 and 1987 c 3 s 5 are each amended to read
as follows:
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of
the municipality;
(2) To appoint and remove at any time all department heads,
officers, and employees of the city or town, except members of the
council, and subject to the provisions of any applicable law, rule, or
regulation relating to civil service: PROVIDED, That the council may
provide for the appointment by the mayor, subject to confirmation by
the council, of the city planning commission, and other advisory
citizens' committees, commissions and boards advisory to the city
council: PROVIDED FURTHER, That the city manager shall appoint the
municipal judge to a term of four years, subject to confirmation by the
council. The municipal judge may be removed only on conviction of
malfeasance or misconduct in office, or because of physical or mental
disability rendering him or her incapable of performing the duties of
his or her office. The council may cause an audit to be made of any
department or office of the city or town government and may select the
persons to make it, without the advice or consent of the city manager;
(3) To attend all meetings of the council at which his or her
attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed,
subject to the authority which the council may grant the mayor to
maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he or
she may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be
required by that body or as he or she may deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of
the city or town and its future needs;
(8) To prepare and submit to the council a tentative budget for the
fiscal year;
(9) To perform such other duties as the council may determine by
ordinance or resolution.
Sec. 2023 RCW 35.18.070 and 1965 c 7 s 35.18.070 are each amended
to read as follows:
Whether the city manager shall devote his or her full time to the
affairs of one city or town shall be determined by the council. A city
manager may serve two or more cities or towns in that capacity at the
same time.
Sec. 2024 RCW 35.18.090 and 1965 c 7 s 35.18.090 are each amended
to read as follows:
The city manager may authorize the head of a department or office
responsible to him or her to appoint and remove subordinates in such
department or office. Any officer or employee who may be appointed by
the city manager, or by the head of a department or office, except one
who holds his or her position subject to civil service, may be removed
by the manager or other such appointing officer at any time. Subject
to the provisions of RCW 35.18.060, the decision of the manager or
other appointing officer, shall be final and there shall be no appeal
therefrom to any other office, body, or court whatsoever.
Sec. 2025 RCW 35.18.110 and 1965 c 7 s 35.18.110 are each amended
to read as follows:
Neither the council, nor any of its committees or members shall
direct or request the appointment of any person to, or his or her
removal from, office by the city manager or any of his or her
subordinates. Except for the purpose of inquiry, the council and its
members shall deal with the administrative service solely through the
manager and neither the council nor any committee or member thereof
shall give orders to any subordinate of the city manager, either
publicly or privately: PROVIDED, HOWEVER, That nothing herein shall be
construed to prohibit the council, while in open session, from fully
and freely discussing with the city manager anything pertaining to
appointments and removals of city officers and employees and city
affairs.
Sec. 2026 RCW 35.18.120 and 1965 c 7 s 35.18.120 are each amended
to read as follows:
The city manager shall be appointed for an indefinite term and may
be removed by a majority vote of the council.
At least thirty days before the effective date of his or her
removal, the city manager must be furnished with a formal statement in
the form of a resolution passed by a majority vote of the city council
stating the council's intention to remove him or her and the reasons
therefor. Upon passage of the resolution stating the council's
intention to remove the manager, the council by a similar vote may
suspend him or her from duty, but his or her pay shall continue until
his or her removal becomes effective.
Sec. 2027 RCW 35.18.130 and 1965 c 7 s 35.18.130 are each amended
to read as follows:
The city manager may, within thirty days from the date of service
upon him or her of a copy thereof, reply in writing to the resolution
stating the council's intention to remove him or her. In the event no
reply is timely filed, the resolution shall upon the thirty-first day
from the date of such service, constitute the final resolution removing
the manager, and his or her services shall terminate upon that day. If
a reply shall be timely filed with its clerk, the council shall fix a
time for a public hearing upon the question of the manager's removal
and a final resolution removing the manager shall not be adopted until
a public hearing has been had. The action of the council in removing
the manager shall be final.
Sec. 2028 RCW 35.18.150 and 1965 c 7 s 35.18.150 are each amended
to read as follows:
Only a qualified elector of the city or town may be a member of the
council and upon ceasing to be such, or upon being convicted of a crime
involving moral turpitude, or of violating the provisions of RCW
35.18.110, he or she shall immediately forfeit his or her office.
Sec. 2029 RCW 35.18.170 and 1965 c 7 s 35.18.170 are each amended
to read as follows:
The council shall meet at the times and places fixed by ordinance
but must hold at least one regular meeting each month. The clerk shall
call special meetings of the council upon request of the mayor or any
two members. At all meetings of the city council, a majority of the
((councilmen)) councilmembers shall constitute a quorum for the
transaction of business, but a less number may adjourn from time to
time and may compel the attendance of absent members in such manner and
under such penalties as may be prescribed by ordinance. Requests for
special meetings shall state the subject to be considered and no other
subject shall be considered at a special meeting.
All meetings of the council and of committees thereof shall be open
to the public and the rules of the council shall provide that citizens
of the city or town shall have a reasonable opportunity to be heard at
any meetings in regard to any matter being considered thereat.
Sec. 2030 RCW 35.18.180 and 1965 c 7 s 35.18.180 are each amended
to read as follows:
No ordinance, resolution, or order, including those granting a
franchise or valuable privilege, shall have any validity or effect
unless passed by the affirmative vote of at least a majority of the
members of the city or town council. Every ordinance or resolution
adopted shall be signed by the mayor or two members, filed with the
clerk within two days and by him or her recorded.
Sec. 2031 RCW 35.18.190 and 1969 c 101 s 1 are each amended to
read as follows:
Biennially at the first meeting of the new council the members
thereof shall choose a ((chairman)) chair from among their number who
shall have the title of mayor. In addition to the powers conferred
upon him or her as mayor, he or she shall continue to have all the
rights, privileges and immunities of a member of the council. If a
vacancy occurs in the office of mayor, the members of the council at
their next regular meeting shall select a mayor from among their number
for the unexpired term.
Sec. 2032 RCW 35.18.200 and 1965 c 7 s 35.18.200 are each amended
to read as follows:
The mayor shall preside at meetings of the council, and be
recognized as the head of the city or town for all ceremonial purposes
and by the governor for purposes of military law.
He or she shall have no regular administrative duties, but in time
of public danger or emergency, if so authorized by the council, shall
take command of the police, maintain law, and enforce order.
Sec. 2033 RCW 35.18.280 and 1965 c 7 s 35.18.280 are each amended
to read as follows:
((Councilmen)) councilmembers shall take office at the times
provided by RCW 35.18.270 as now or hereafter amended. The other city
officials and employees who are incumbent at the time the council-manager plan takes effect shall hold office until their successors have
been selected in accordance with the provisions of this chapter.
Sec. 2034 RCW 35.20.105 and 1969 ex.s. c 147 s 2 are each amended
to read as follows:
There shall be a court administrator of the municipal court
appointed by the judges of the municipal court, subject to confirmation
by a majority of the legislative body of the city, and removable by the
judges of the municipal court subject to like confirmation. Before
entering upon the duties of his or her office the court administrator
shall take and subscribe an oath the same as required for officers of
the city, and shall execute a penal bond in such sum and with such
sureties as the legislative body of the city may direct and subject to
their approval, conditioned for the faithful performance of his or her
duties, and that he or she will pay over to the treasurer of said city
all moneys belonging to the city which shall come into his or her hands
as such court administrator. The court administrator shall be paid
such compensation as the legislative body of the city may deem
reasonable. The court administrator shall act under the supervision
and control of the presiding judge of the municipal court and shall
supervise the functions of the chief clerk and director of the traffic
violations bureau or similar agency of the city, and perform such other
duties as may be assigned to him or her by the presiding judge of the
municipal court.
Sec. 2035 RCW 35.20.131 and 1969 ex.s. c 147 s 3 are each amended
to read as follows:
There shall be a director of the traffic violations bureau or such
similar agency of the city as may be created by ordinance of said city.
Said director shall be appointed by the judges of the municipal court
subject to such civil service laws and rules as may be provided in such
city. Said director shall act under the supervision of the court
administrator of the municipal court and shall be responsible for the
supervision of the traffic violations bureau or similar agency of the
city. Upon this 1969 amendatory act becoming effective those employees
connected with the traffic violations bureau under civil service status
shall be continued in such employment and such classification. Before
entering upon the duties of his or her office said director shall take
and subscribe an oath the same as required for officers of the city and
shall execute a penal bond in such sum and with such sureties as the
legislative body of the city may direct and subject to their approval,
conditioned for the faithful performance of his or her duties, and that
he or she will faithfully account to and pay over to the treasurer of
said city all moneys belonging to the city which shall come into his or
her hands as such director. Said director shall be paid such
compensation as the legislative body of the city may deem reasonable.
Sec. 2036 RCW 35.20.150 and 1975-'76 2nd ex.s. c 120 s 7 are each
amended to read as follows:
The municipal judges shall be elected on the first Tuesday after
the first Monday in November, 1958, and on the first Tuesday after the
first Monday of November every fourth year thereafter by the electorate
of the city in which the court is located. The auditor of the county
concerned shall designate by number each position to be filled in the
municipal court, and each candidate at the time of the filing of his or
her declaration of candidacy shall designate by number so assigned the
position for which he or she is a candidate, and the name of such
candidate shall appear on the ballot only for such position. The name
of the person who receives the greatest number of votes and of the
person who receives the next greatest number of votes at the primary
for a single nonpartisan position shall appear on the general election
ballot under the designation therefor. Elections for municipal judge
shall be nonpartisan. They shall hold office for a term of four years
and until their successors are elected and qualified. The term of
office shall start on the second Monday in January following such
election. Any vacancy in the municipal court due to a death,
disability or resignation of a municipal court judge shall be filled by
the mayor, to serve out the unexpired term. Such appointment shall be
subject to confirmation by the legislative body of the city.
Sec. 2037 RCW 35.20.170 and 1965 c 7 s 35.20.170 are each amended
to read as follows:
No person shall be eligible to the office of judge of the municipal
court unless he or she shall have been admitted to practice law before
the courts of record of this state and is an elector of the city in
which he or she files for office. No judge of said court during his or
her term of office shall engage either directly or indirectly in the
practice of law.
Sec. 2038 RCW 35.20.180 and 1965 c 7 s 35.20.180 are each amended
to read as follows:
Every judge of such municipal court, before he or she enters upon
the duties of his or her office, shall take and subscribe the following
oath or affirmation: "I do solemnly swear (or affirm) that I will
support the Constitution of the United States and the Constitution of
the State of Washington, and that I will faithfully discharge the
duties of the office of judge of the municipal court of the city of
. . . . . . (naming such city) according to the best of my ability; and
I do further certify that I do not advocate, nor am I a member of an
organization that advocates, the overthrow of the government of the
United States by force or violence." The oath shall be filed in the
office of the county auditor. He or she shall also give such bonds to
the state and city for the faithful performance of his or her duties as
may be by law or ordinance directed.
Sec. 2039 RCW 35.20.190 and 1967 c 241 s 4 are each amended to
read as follows:
Whenever the number of departments of the municipal court is
increased, the mayor of such city shall appoint a qualified person as
provided in RCW 35.20.170 to act as municipal judge until the next
general election. He or she shall be paid salaries in accordance with
the provisions of this chapter and provided with the necessary court,
office space and personnel as authorized herein.
Sec. 2040 RCW 35.20.220 and 2004 c 15 s 9 are each amended to
read as follows:
(1) The chief clerk, under the supervision and direction of the
court administrator of the municipal court, shall have the custody and
care of the books, papers and records of said court; he or she shall be
present by himself or herself or deputy during the session of said
court, and shall have the power to swear all witnesses and jurors, and
administer oaths and affidavits, and take acknowledgments. He or she
shall keep the records of said court, and shall issue all process under
his or her hand and the seal of said court, and shall do and perform
all things and have the same powers pertaining to his or her office as
the clerks of the superior courts have in their office. He or she
shall receive all fines, penalties and fees of every kind, and keep a
full, accurate and detailed account of the same; and shall on each day
pay into the city treasury all money received for said city during the
day previous, with a detailed account of the same, and taking the
treasurer's receipt therefor.
(2) Except as provided in RCW 10.99.080, the city treasurer shall
remit monthly thirty-two percent of the noninterest money received
under this section, other than for parking infractions and certain
costs to the state treasurer. "Certain costs" as used in this
subsection, means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, or those costs awarded against
convicted defendants in criminal actions under RCW 10.01.160,
10.46.190, or 36.18.040, or other similar statutes if such costs are
specifically designated as costs by the court and are awarded for the
specific reimbursement of costs incurred by the state, county, city, or
town in the prosecution of the case, including the fees of defense
counsel. Money remitted under this subsection to the state treasurer
shall be deposited as provided in RCW 43.08.250.
(3) The balance of the noninterest money received under this
section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may accrue
interest at the rate of twelve percent per annum, upon assignment to a
collection agency. Interest may accrue only while the case is in
collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent to the
state treasurer for deposit in the public safety and education account
as provided in RCW 43.08.250, twenty-five percent to the state
treasurer for deposit in the judicial information system account as
provided in RCW 2.68.020, twenty-five percent to the city general fund,
and twenty-five percent to the city general fund to fund local courts.
Sec. 2041 RCW 35.20.240 and 1965 c 7 s 35.20.240 are each amended
to read as follows:
Upon the effective date of this chapter (June 8, 1955), any justice
of the peace who was the duly appointed and acting police justice of
the city shall become a judge of the municipal court upon his or her
filing his or her oath of office and bond as required by this chapter,
and shall serve as a judge of said municipal court until the regularly
elected judges of the court shall qualify following their election in
1958, or thereafter as provided in RCW 35.20.150. Such judge shall be
paid salaries in accordance with this chapter while so serving. Such
salaries from the city and county shall be in lieu of those now (June
8, 1955) being paid to the justice of the peace acting as police
justice of the city court: PROVIDED, That upon the justices of the
peace qualifying as municipal judges under this chapter, the number of
justices of the peace for such city shall be reduced accordingly as
provided in RCW 35.20.190. Should any justice of the peace acting as
police judge fail to qualify as a judge of the municipal court, the
mayor of such city shall designate one of the other justices of the
peace of that city to act as municipal judge until the next general
election in November, 1958, and the qualifying of the regularly elected
judge. All furniture and equipment belonging to the city and county in
which the court is situated, now under the care and custody of the
justice of the peace and municipal judge, shall be transferred to the
municipal court for use in the operation and maintenance of such court.
Sec. 2042 RCW 35.21.260 and 1999 c 204 s 1 are each amended to
read as follows:
The governing authority of each city and town on or before May 31st
of each year shall submit such records and reports regarding street
operations in the city or town to the secretary of transportation on
forms furnished by him or her as are necessary to enable him or her to
compile an annual report thereon.
Sec. 2043 RCW 35.21.850 and 1982 c 169 s 3 are each amended to
read as follows:
No demand for a fee or tax or penalty shall be made by a city or
town against a motor carrier of freight for hire on gross income
derived from providing transportation services more than four years
after the close of the year in which the same accrued except (1)
against a taxpayer who has been guilty of fraud or misrepresentation of
a material fact; or (2) where a taxpayer has executed a written waiver
of such limitations; or (3) against a taxpayer who has not registered
as required by the ordinance of the city or town imposing such tax or
fee, provided this subsection shall not apply to a taxpayer who has
registered in any city or town where the taxpayer maintains an office
or terminal, or in the case of a taxpayer who has paid a license fee or
tax based on such gross receipts to any city or town levying same which
may reasonably be construed to be the principal market of the taxpayer
but in which he or she maintains no office or terminal.
Sec. 2044 RCW 35.22.130 and 1967 c 123 s 2 are each amended to
read as follows:
A petition containing the demand for the submission of the proposed
charter amendment or for an election to be held for the purpose of
electing a board of freeholders for the purpose of preparing a new
charter for the city as provided in RCW 35.22.140 shall be filed with
the city clerk and each signer shall write his or her place of
residence after his or her signature. This and RCW 35.22.120 do not
deprive city councils of the right to submit proposed charter
amendments but affords a concurrent and additional method of
submission.
Sec. 2045 RCW 35.22.210 and 1965 c 7 s 35.22.210 are each amended
to read as follows:
Any city of the first class having a population less than one
hundred thousand by the last federal census and having a charter
providing that each of its ((councilmen)) councilmembers shall be the
commissioner of an administrative department of such city, may by
ordinance provide for the separate designation of such ((councilmen))
councilmembers as officers, in accordance with such administrative
departments, and for their filing for and election to office under such
separate designations.
Sec. 2046 RCW 35.22.280 and 2008 c 129 s 1 are each amended to
read as follows:
Any city of the first class shall have power:
(1) To provide for general and special elections, for questions to
be voted upon, and for the election of officers;
(2) To provide for levying and collecting taxes on real and
personal property for its corporate uses and purposes, and to provide
for the payment of the debts and expenses of the corporation;
(3) To control the finances and property of the corporation, and to
acquire, by purchase or otherwise, such lands and other property as may
be necessary for any part of the corporate uses provided for by its
charter, and to dispose of any such property as the interests of the
corporation may, from time to time, require;
(4) To borrow money for corporate purposes on the credit of the
corporation, and to issue negotiable bonds therefor, on such conditions
and in such manner as shall be prescribed in its charter; but no city
shall, in any manner or for any purpose, become indebted to an amount
in the aggregate to exceed the limitation of indebtedness prescribed by
chapter 39.36 RCW as now or hereafter amended;
(5) To issue bonds in place of or to supply means to meet maturing
bonds or other indebtedness, or for the consolidation or funding of the
same;
(6) To purchase or appropriate private property within or without
its corporate limits, for its corporate uses, upon making just
compensation to the owners thereof, and to institute and maintain such
proceedings as may be authorized by the general laws of the state for
the appropriation of private property for public use;
(7) To lay out, establish, open, alter, widen, extend, grade, pave,
plank, establish grades, or otherwise improve streets, alleys, avenues,
sidewalks, wharves, parks, and other public grounds, and to regulate
and control the use thereof, and to vacate the same, and to authorize
or prohibit the use of electricity at, in, or upon any of said streets,
or for other purposes, and to prescribe the terms and conditions upon
which the same may be so used, and to regulate the use thereof;
(8) To change the grade of any street, highway, or alley within its
corporate limits, and to provide for the payment of damages to any
abutting owner or owners who shall have built or made other
improvements upon such street, highway, or alley at any point opposite
to the point where such change shall be made with reference to the
grade of such street, highway, or alley as the same existed prior to
such change;
(9) To authorize or prohibit the locating and constructing of any
railroad or street railroad in any street, alley, or public place in
such city, and to prescribe the terms and conditions upon which any
such railroad or street railroad shall be located or constructed; to
provide for the alteration, change of grade, or removal thereof; to
regulate the moving and operation of railroad and street railroad
trains, cars, and locomotives within the corporate limits of said city;
and to provide by ordinance for the protection of all persons and
property against injury in the use of such railroads or street
railroads;
(10) To provide for making local improvements, and to levy and
collect special assessments on property benefited thereby, and for
paying for the same or any portion thereof;
(11) To acquire, by purchase or otherwise, lands for public parks
within or without the limits of such city, and to improve the same.
When the language of any instrument by which any property is so
acquired limits the use of said property to park purposes and contains
a reservation of interest in favor of the grantor or any other person,
and where it is found that the property so acquired is not needed for
park purposes and that an exchange thereof for other property to be
dedicated for park purposes is in the public interest, the city may,
with the consent of the grantor or such other person, his or her heirs,
successors, or assigns, exchange such property for other property to be
dedicated for park purposes, and may make, execute, and deliver proper
conveyances to effect the exchange. In any case where, owing to death
or lapse of time, there is neither donor, heir, successor, or assignee
to give consent, this consent may be executed by the city and filed for
record with an affidavit setting forth all efforts made to locate
people entitled to give such consent together with the facts which
establish that no consent by such persons is attainable. Title to
property so conveyed by the city shall vest in the grantee free and
clear of any trust in favor of the public arising out of any prior
dedication for park purposes, but the right of the public shall be
transferred and preserved with like force and effect to the property
received by the city in such exchange;
(12) To construct and keep in repair bridges, viaducts, and
tunnels, and to regulate the use thereof;
(13) To determine what work shall be done or improvements made at
the expense, in whole or in part, of the owners of the adjoining
contiguous, or proximate property, or others specially benefited
thereby; and to provide for the manner of making and collecting
assessments therefor;
(14) To provide for erecting, purchasing, or otherwise acquiring
waterworks, within or without the corporate limits of said city, to
supply said city and its inhabitants with water, or authorize the
construction of same by others when deemed for the best interests of
such city and its inhabitants, and to regulate and control the use and
price of the water so supplied;
(15) To provide for lighting the streets and all public places, and
for furnishing the inhabitants thereof with gas or other lights, and to
erect, or otherwise acquire, and to maintain the same, or to authorize
the erection and maintenance of such works as may be necessary and
convenient therefor, and to regulate and control the use thereof;
(16) To establish and regulate markets, and to provide for the
weighing, measuring, and inspection of all articles of food and drink
offered for sale thereat, or at any other place within its limits, by
proper penalties, and to enforce the keeping of proper legal weights
and measures by all vendors in such city, and to provide for the
inspection thereof. Whenever the words "public markets" are used in
this chapter, and the public market is managed in whole or in part by
a public corporation created by a city, the words shall be construed to
include all real or personal property located in a district or area
designated by a city as a public market and traditionally devoted to
providing farmers, crafts vendors and other merchants with retail space
to market their wares to the public. Property located in such a
district or area need not be exclusively or primarily used for such
traditional public market retail activities and may include property
used for other public purposes including, but not limited to, the
provision of human services and low-income or moderate-income housing;
(17) To erect and establish hospitals and pesthouses, and to
control and regulate the same;
(18) To provide for establishing and maintaining reform schools for
juvenile offenders;
(19) To provide for the establishment and maintenance of public
libraries, and to appropriate, annually, such percent of all moneys
collected for fines, penalties, and licenses as shall be prescribed by
its charter, for the support of a city library, which shall, under such
regulations as shall be prescribed by ordinance, be open for use by the
public;
(20) To regulate the burial of the dead, and to establish and
regulate cemeteries within or without the corporate limits, and to
acquire land therefor by purchase or otherwise; to cause cemeteries to
be removed beyond the limits of the corporation, and to prohibit their
establishment within two miles of the boundaries thereof;
(21) To direct the location and construction of all buildings in
which any trade or occupation offensive to the senses or deleterious to
public health or safety shall be carried on, and to regulate the
management thereof; and to prohibit the erection or maintenance of such
buildings or structures, or the carrying on of such trade or occupation
within the limits of such corporation, or within the distance of two
miles beyond the boundaries thereof;
(22) To provide for the prevention and extinguishment of fires and
to regulate or prohibit the transportation, keeping, or storage of all
combustible or explosive materials within its corporate limits, and to
regulate and restrain the use of fireworks;
(23) To establish fire limits and to make all such regulations for
the erection and maintenance of buildings or other structures within
its corporate limits as the safety of persons or property may require,
and to cause all such buildings and places as may from any cause be in
a dangerous state to be put in safe condition;
(24) To regulate the manner in which stone, brick, and other
buildings, party walls, and partition fences shall be constructed and
maintained;
(25) To deepen, widen, dock, cover, wall, alter, or change the
channels of waterways and courses, and to provide for the construction
and maintenance of all such works as may be required for the
accommodation of commerce, including canals, slips, public landing
places, wharves, docks, and levees, and to control and regulate the use
thereof;
(26) To control, regulate, or prohibit the anchorage, moorage, and
landing of all watercrafts and their cargoes within the jurisdiction of
the corporation;
(27) To fix the rates of wharfage and dockage, and to provide for
the collection thereof, and to provide for the imposition and
collection of such harbor fees as may be consistent with the laws of
the United States;
(28) To license, regulate, control, or restrain wharf boats, tugs,
and other boats used about the harbor or within such jurisdiction;
(29) To require the owners of public halls or other buildings to
provide suitable means of exit; to provide for the prevention and
abatement of nuisances, for the cleaning and purification of
watercourses and canals, for the drainage and filling up of ponds on
private property within its limits, when the same shall be offensive to
the senses or dangerous to health; to regulate and control, and to
prevent and punish, the defilement or pollution of all streams running
through or into its corporate limits, and for the distance of five
miles beyond its corporate limits, and on any stream or lake from which
the water supply of said city is taken, for a distance of five miles
beyond its source of supply; to provide for the cleaning of areas,
vaults, and other places within its corporate limits which may be so
kept as to become offensive to the senses or dangerous to health, and
to make all such quarantine or other regulations as may be necessary
for the preservation of the public health, and to remove all persons
afflicted with any infectious or contagious disease to some suitable
place to be provided for that purpose;
(30) To declare what shall be a nuisance, and to abate the same,
and to impose fines upon parties who may create, continue, or suffer
nuisances to exist;
(31) To regulate the selling or giving away of intoxicating, malt,
vinous, mixed, or fermented liquors as authorized by the general laws
of the state: PROVIDED, That no license shall be granted to any person
or persons who shall not first comply with the general laws of the
state in force at the time the same is granted;
(32) To grant licenses for any lawful purpose, and to fix by
ordinance the amount to be paid therefor, and to provide for revoking
the same. However, no license shall be granted to continue for longer
than one year from the date thereof. A city may not require a business
to be licensed based solely upon registration under or compliance with
the streamlined sales and use tax agreement;
(33) To regulate the carrying on within its corporate limits of all
occupations which are of such a nature as to affect the public health
or the good order of said city, or to disturb the public peace, and
which are not prohibited by law, and to provide for the punishment of
all persons violating such regulations, and of all persons who
knowingly permit the same to be violated in any building or upon any
premises owned or controlled by them;
(34) To restrain and provide for the punishment of vagrants,
mendicants, prostitutes, and other disorderly persons;
(35) To provide for the punishment of all disorderly conduct, and
of all practices dangerous to public health or safety, and to make all
regulations necessary for the preservation of public morality, health,
peace, and good order within its limits, and to provide for the arrest,
trial, and punishment of all persons charged with violating any of the
ordinances of said city. The punishment shall not exceed a fine of
five thousand dollars or imprisonment in the city jail for one year, or
both such fine and imprisonment. The punishment for any criminal
ordinance shall be the same as the punishment provided in state law for
the same crime. Such cities alternatively may provide that violations
of ordinances constitute a civil violation subject to monetary
penalties, but no act which is a state crime may be made a civil
violation;
(36) To project or extend its streets over and across any tidelands
within its corporate limits, and along or across the harbor areas of
such city, in such manner as will best promote the interests of
commerce;
(37) To provide in their respective charters for a method to
propose and adopt amendments thereto.
Sec. 2047 RCW 35.22.610 and 1967 ex.s. c 37 s 1 are each amended
to read as follows:
Notwithstanding the provisions of RCW 35.21.200, as now or
hereafter amended, all cities of the first class shall have the right
and authority to appoint and employ a person as a regular or special
police officer of said city regardless of his or her place of residence
or domicile at the date of his or her appointment.
This provision shall supersede any provision of any city charter to
the contrary.
Sec. 2048 RCW 35.23.010 and 1965 c 7 s 35.23.010 are each amended
to read as follows:
Every city of the second class shall be entitled "City of
. . . . . ." (naming it), and by such name shall have perpetual
succession; may sue and be sued in all courts and in all proceedings;
shall have and use a common seal which it may alter at pleasure; may
acquire, hold, lease, use and enjoy property of every kind and control
and dispose of it for the common benefit; and, upon making a finding
that any property acquired for park purposes is not useful for such
purposes and that an exchange thereof for other property to be
dedicated for park purposes is in the public interest, may, with the
consent of the dedicator or donor, his or her heirs, successors or
assigns, exchange such property for other property to be dedicated for
park purposes and make, execute and deliver proper conveyances to
effect the exchange. In any case where owing to death or lapse of time
there is neither donor, heir, successor, nor assigns to give consent to
the exchange, then this consent may be executed by the grantee. Title
to property so conveyed by the city shall vest in the grantee free and
clear of any trust in favor of the public arising out of any prior
dedication for park purposes.
Sec. 2049 RCW 35.23.111 and 1965 c 7 s 35.24.110 are each amended
to read as follows:
The city attorney shall advise the city authorities and officers in
all legal matters pertaining to the business of the city and shall
approve all ordinances as to form. He or she shall represent the city
in all actions brought by or against the city or against city officials
in their official capacity. He or she shall perform such other duties
as the city council by ordinance may direct.
Sec. 2050 RCW 35.23.131 and 1965 c 7 s 35.24.130 are each amended
to read as follows:
The city treasurer shall receive and safely keep all money which
comes into his or her hands as treasurer, for all of which he or she
shall execute triplicate receipts, one to be filed with the city clerk.
He or she shall receive all money due the city and disburse it on
warrants issued by the clerk countersigned by the mayor, and not
otherwise. He or she shall make monthly settlements with the city
clerk at which time he or she shall deliver to the clerk the duplicate
receipts for all money received and all canceled warrants as evidence
of money paid.
Sec. 2051 RCW 35.23.144 and 1969 c 116 s 4 are each amended to
read as follows:
In the event that the office of treasurer is combined with the
office of clerk so as to become the office of clerk-treasurer, the
clerk shall exercise all the powers vested in and perform all the
duties required to be performed by the treasurer, and in cases where
the law requires the treasurer to sign or execute any papers or
documents, it shall not be necessary for the clerk to sign as
treasurer, but shall be sufficient if he or she signs as clerk.
Sec. 2052 RCW 35.23.410 and 1965 c 7 s 35.23.410 are each amended
to read as follows:
The city council may lease for business purposes portions of the
ends of streets terminating in the waterfront or navigable waters of
the city with the written consent of all the property owners whose
properties abut upon the portion proposed to be leased. The lease may
be made for any period not exceeding fifteen years but must provide
that at intervals of every five years during the term, the rental to be
paid by the lessee shall be readjusted between him or her and the city
by mutual agreement, or if they cannot agree by a board of arbitration,
one to be chosen by the city, one by the lessee and the third by the
other two, their decision to be final. The vote of two-thirds of all
the ((councilmen)) councilmembers elected is necessary to authorize
such a lease.
Sec. 2053 RCW 35.23.440 and 2008 c 129 s 2 are each amended to
read as follows:
The city council of each second-class city shall have power and
authority:
(1) Ordinances: To make and pass all ordinances, orders, and
resolutions not repugnant to the Constitution of the United States or
the state of Washington, or the provisions of this title, necessary for
the municipal government and management of the affairs of the city, for
the execution of the powers vested in said body corporate, and for the
carrying into effect of the provisions of this title.
(2) License of shows: To fix and collect a license tax, for the
purposes of revenue and regulation, on theatres, melodeons, balls,
concerts, dances, theatrical, circus, or other performances, and all
performances where an admission fee is charged, or which may be held in
any house or place where wines or liquors are sold to the
participators; also all shows, billiard tables, pool tables, bowling
alleys, exhibitions, or amusements.
(3) Hotels, etc., licenses: To fix and collect a license tax for
the purposes of revenue and regulation on and to regulate all taverns,
hotels, restaurants, banks, brokers, manufactories, livery stables,
express companies and persons engaged in transmitting letters or
packages, railroad, stage, and steamboat companies or owners, whose
principal place of business is in such city, or who have an agency
therein.
(4) Peddlers', etc., licenses: To license, for the purposes of
revenue and regulation, tax, prohibit, suppress, and regulate all
raffles, hawkers, peddlers, pawnbrokers, refreshment or coffee stands,
booths, or sheds; and to regulate as authorized by state law all
tippling houses, dram shops, saloons, bars, and barrooms.
(5) Dance houses: To prohibit or suppress, or to license and
regulate all dance houses, fandango houses, or any exhibition or show
of any animal or animals.
(6) License vehicles: To license for the purposes of revenue and
regulation, and to tax hackney coaches, cabs, omnibuses, drays, market
wagons, and all other vehicles used for hire, and to regulate their
stands, and to fix the rates to be charged for the transportation of
persons, baggage, and property.
(7) Hotel runners: To license or suppress runners for steamboats,
taverns, or hotels.
(8) License generally: To fix and collect a license tax for the
purposes of revenue and regulation, upon all occupations and trades,
and all and every kind of business authorized by law not heretofore
specified. However, on any business, trade, or calling not provided by
law to be licensed for state and county purposes, the amount of license
shall be fixed at the discretion of the city council, as they may deem
the interests and good order of the city may require. A city may not
require a business to be licensed based solely upon registration under
or compliance with the streamlined sales and use tax agreement.
(9) Riots: To prevent and restrain any riot or riotous
assemblages, disturbance of the peace, or disorderly conduct in any
place, house, or street in the city.
(10) Nuisances: To declare what shall be deemed nuisances; to
prevent, remove, and abate nuisances at the expense of the parties
creating, causing, or committing or maintaining the same, and to levy
a special assessment on the land or premises whereon the nuisance is
situated to defray the cost or to reimburse the city for the cost of
abating the same.
(11) Stock pound: To establish, maintain, and regulate a common
pound for estrays, and to appoint a poundkeeper, who shall be paid out
of the fines and fees imposed and collected of the owners of any
animals impounded, and from no other source; to prevent and regulate
the running at large of any and all domestic animals within the city
limits or any parts thereof, and to regulate or prevent the keeping of
such animals within any part of the city.
(12) Control of certain trades: To control and regulate
slaughterhouses, washhouses, laundries, tanneries, forges, and
offensive trades, and to provide for their exclusion or removal from
the city limits, or from any part thereof.
(13) Street cleaning: To provide, by regulation, for the
prevention and summary removal of all filth and garbage in streets,
sloughs, alleys, back yards, or public grounds of such city, or
elsewhere therein.
(14) Gambling, etc.: To prohibit and suppress all gaming and all
gambling or disorderly houses, and houses of ill fame, and all immoral
and indecent amusements, exhibitions, and shows.
(15) Markets: To establish and regulate markets and market places.
(16) Speed of railroad cars: To fix and regulate the speed at
which any railroad cars, streetcars, automobiles, or other vehicles may
run within the city limits, or any portion thereof.
(17) City commons: To provide for and regulate the commons of the
city.
(18) Fast driving: To regulate or prohibit fast driving or riding
in any portion of the city.
(19) Combustibles: To regulate or prohibit the loading or storage
of gunpowder and combustible or explosive materials in the city, or
transporting the same through its streets or over its waters.
(20) Property: To have, purchase, hold, use, and enjoy property of
every name or kind whatsoever, and to sell, lease, transfer, mortgage,
convey, control, or improve the same; to build, erect, or construct
houses, buildings, or structures of any kind needful for the use or
purposes of such city.
(21) Fire department: To establish, continue, regulate, and
maintain a fire department for such city, to change or reorganize the
same, and to disband any company or companies of the said department;
also, to discontinue and disband said fire department, and to create,
organize, establish, and maintain a paid fire department for such city.
(22) Water supply: To adopt, enter into, and carry out means for
securing a supply of water for the use of such city or its inhabitants,
or for irrigation purposes therein.
(23) Overflow of water: To prevent the overflow of the city or to
secure its drainage, and to assess the cost thereof to the property
benefited.
(24) House numbers: To provide for the numbering of houses.
(25) Health board: To establish a board of health; to prevent the
introduction and spread of disease; to establish a city infirmary and
to provide for the indigent sick; and to provide and enforce
regulations for the protection of health, cleanliness, peace, and good
order of the city; to establish and maintain hospitals within or
without the city limits; to control and regulate interments and to
prohibit them within the city limits.
(26) Harbors and wharves: To build, alter, improve, keep in
repair, and control the waterfront; to erect, regulate, and repair
wharves, and to fix the rate of wharfage and transit of wharf, and levy
dues upon vessels and commodities; and to provide for the regulation of
berths, landing, stationing, and removing steamboats, sail vessels,
rafts, barges, and all other watercraft; to fix the rate of speed at
which steamboats and other steam watercraft may run along the
waterfront of the city; to build bridges so as not to interfere with
navigation; to provide for the removal of obstructions to the
navigation of any channel or watercourses or channels.
(27) License of steamers: To license steamers, boats, and vessels
used in any watercourse in the city, and to fix and collect a license
tax thereon.
(28) Ferry licenses: To license ferries and toll bridges under the
law regulating the granting of such license.
(29) Penalty for violation of ordinances: To provide that
violations of ordinances with the punishment for any offense not
exceeding a fine of five thousand dollars or imprisonment for more than
one year, or both fine and imprisonment, but the punishment for any
criminal ordinance shall be the same as the punishment provided in
state law for the same crime. Alternatively, such a city may provide
that a violation of an ordinance constitutes a civil violation subject
to monetary penalties or to determine and impose fines for forfeitures
and penalties, but no act which is a state crime may be made a civil
violation. A violation of an order, regulation, or ordinance relating
to traffic including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of an order,
regulation, or ordinance equivalent to those provisions of Title 46 RCW
set forth in RCW 46.63.020 remains a misdemeanor.
(30) Police department: To create and establish a city police; to
prescribe their duties and their compensation; and to provide for the
regulation and government of the same.
(31) Examine official accounts: To examine, either in open session
or by committee, the accounts or doings of all officers or other
persons having the care, management, or disposition of moneys,
property, or business of the city.
(32) Contracts: To make all appropriations, contracts, or
agreements for the use or benefit of the city and in the city's name.
(33) Streets and sidewalks: To provide by ordinance for the
opening, laying out, altering, extending, repairing, grading, paving,
planking, graveling, macadamizing, or otherwise improving of public
streets, avenues, and other public ways, or any portion of any thereof;
and for the construction, regulation, and repair of sidewalks and other
street improvements, all at the expense of the property to be benefited
thereby, without any recourse, in any event, upon the city for any
portion of the expense of such work, or any delinquency of the property
holders or owners, and to provide for the forced sale thereof for such
purposes; to establish a uniform grade for streets, avenues, sidewalks,
and squares, and to enforce the observance thereof.
(34) Waterways: To clear, cleanse, alter, straighten, widen, fill
up, or close any waterway, drain, or sewer, or any watercourse in such
city when not declared by law to be navigable, and to assess the
expense thereof, in whole or in part, to the property specially
benefited.
(35) Sewerage: To adopt, provide for, establish, and maintain a
general system of sewerage, draining, or both, and the regulation
thereof; to provide funds by local assessments on the property
benefited for the purpose aforesaid and to determine the manner, terms,
and place of connection with main or central lines of pipes, sewers, or
drains established, and compel compliance with and conformity to such
general system of sewerage or drainage, or both, and the regulations of
said council thereto relating, by the infliction of suitable penalties
and forfeitures against persons and property, or either, for
nonconformity to, or failure to comply with the provisions of such
system and regulations or either.
(36) Buildings and parks: To provide for all public buildings,
public parks, or squares, necessary or proper for the use of the city.
(37) Franchises: To permit the use of the streets for railroad or
other public service purposes.
(38) Payment of judgments: To order paid any final judgment
against such city, but none of its lands or property of any kind or
nature, taxes, revenue, franchise, or rights, or interest, shall be
attached, levied upon, or sold in or under any process whatsoever.
(39) Weighing of fuel: To regulate the sale of coal and wood in
such city, and may appoint a measurer of wood and weigher of coal for
the city, and define his or her duties, and may prescribe his or her
term of office, and the fees he or she shall receive for his or her
services: PROVIDED, That such fees shall in all cases be paid by the
parties requiring such service.
(40) Hospitals, etc.: To erect and establish hospitals and
pesthouses and to control and regulate the same.
(41) Waterworks: To provide for the erection, purchase, or
otherwise acquiring of waterworks within or without the corporate
limits of the city to supply such city and its inhabitants with water,
and to regulate and control the use and price of the water so supplied.
(42) City lights: To provide for lighting the streets and all
public places of the city and for furnishing the inhabitants of the
city with gas, electric, or other light, and for the ownership,
purchase or acquisition, construction, or maintenance of such works as
may be necessary or convenient therefor: PROVIDED, That no purchase of
any such water plant or light plant shall be made without first
submitting the question of such purchase to the electors of the city.
(43) Parks: To acquire by purchase or otherwise land for public
parks, within or without the limits of the city, and to improve the
same.
(44) Bridges: To construct and keep in repair bridges, and to
regulate the use thereof.
(45) Power of eminent domain: In the name of and for the use and
benefit of the city, to exercise the right of eminent domain, and to
condemn lands and property for the purposes of streets, alleys, parks,
public grounds, waterworks, or for any other municipal purpose and to
acquire by purchase or otherwise such lands and property as may be
deemed necessary for any of the corporate uses provided for by this
title, as the interests of the city may from time to time require.
(46) To provide for the assessment of taxes: To provide for the
assessment, levying, and collecting of taxes on real and personal
property for the corporate uses and purposes of the city and to provide
for the payment of the debts and expenses of the corporation.
(47) Local improvements: To provide for making local improvements,
and to levy and collect special assessments on the property benefited
thereby and for paying the same or any portion thereof; to determine
what work shall be done or improvements made, at the expense, in whole
or in part, of the adjoining, contiguous, or proximate property, and to
provide for the manner of making and collecting assessments therefor.
(48) Cemeteries: To regulate the burial of the dead and to
establish and regulate cemeteries, within or without the corporate
limits, and to acquire lands therefor by purchase or otherwise.
(49) Fire limits: To establish fire limits with proper regulations
and to make all needful regulations for the erection and maintenance of
buildings or other structures within the corporate limits as safety of
persons or property may require, and to cause all such buildings and
places as may from any cause be in a dangerous state to be put in a
safe condition; to regulate the manner in which stone, brick, and other
buildings, party walls, and partition fences shall be constructed and
maintained.
(50) Safety and sanitary measures: To require the owners of public
halls, theaters, hotels, and other buildings to provide suitable means
of exit and proper fire escapes; to provide for the cleaning and
purification of watercourses and canals and for the draining and
filling up of ponds on private property within its limits when the same
shall be offensive to the senses or dangerous to the health, and to
charge the expense thereof to the property specially benefited, and to
regulate and control and provide for the prevention and punishment of
the defilement or pollution of all streams running in or through its
corporate limits and a distance of five miles beyond its corporate
limits, and of any stream or lake from which the water supply of the
city is or may be taken and for a distance of five miles beyond its
source of supply, and to make all quarantine and other regulations as
may be necessary for the preservation of the public health and to
remove all persons afflicted with any contagious disease to some
suitable place to be provided for that purpose.
(51) To regulate liquor traffic: To regulate the selling or giving
away of intoxicating, spirituous, malt, vinous, mixed, or fermented
liquors as authorized by the general laws of the state.
(52) To establish streets on tidelands: To project or extend or
establish streets over and across any tidelands within the limits of
such city.
(53) To provide for the general welfare.
Sec. 2054 RCW 35.27.030 and 1965 c 7 s 35.27.030 are each amended
to read as follows:
Whenever a petition is presented to the council of any incorporated
town in this state, signed by not less than five electors of such town,
setting forth that in the belief of the petitioners, the boundaries of
said town are indefinite and uncertain and that on account of such
indefiniteness and uncertainty the legality of the taxes levied within
such town are in danger of being affected, and setting forth the
particular causes or reasons of such alleged indefiniteness or
uncertainty, it shall be the duty of the town council to cause the
petition to be filed and recorded by the clerk, and to cause a copy of
the same to be made and certified by the clerk and the corporate seal
of such town to be attached to said certificate, and the mayor of such
town shall forthwith present said certified copy of the petition to the
board of county commissioners of the county wherein said town is
situated, with a written request to be signed by him or her as such
mayor that the said board of county commissioners proceed to examine
the boundaries of such town or city, and make the same definite and
certain.
Sec. 2055 RCW 35.27.050 and 1965 c 7 s 35.27.050 are each amended
to read as follows:
The board of county commissioners, without unnecessary delay, shall
make and file a report of their doings in the premises in the office of
the county auditor, who shall transmit a certified copy thereof under
the seal of the county, to the clerk of the town, and the clerk shall
record the same in the records of the town, and keep the copy on file
in his or her office. The report shall contain the description of the
boundary of the town, as fixed by the board, written in plain words and
figures and the boundaries so made and fixed shall be the boundaries of
the town, and all the territory included within the boundary lines so
established shall be included in the town, and be a part thereof.
Sec. 2056 RCW 35.27.090 and 1979 ex.s. c 126 s 23 are each
amended to read as follows:
All general municipal elections in towns shall be held biennially
in the odd-numbered years as provided in RCW ((29.13.020)) 29A.04.330.
The term of office of the mayor and treasurer shall be four years and
until their successors are elected and qualified and assume office in
accordance with RCW ((29.04.170)) 29A.20.040: PROVIDED, That the term
of the treasurer shall not commence in the same biennium in which the
term of the mayor commences. ((Councilmen)) Councilmembers shall be
elected for four year terms and until their successors are elected and
qualified and assume office in accordance with RCW ((29.04.170))
29A.20.040; three at one election and two at the next succeeding
biennial election.
Sec. 2057 RCW 35.27.120 and 1986 c 167 s 19 are each amended to
read as follows:
Every officer of a town before entering upon the duties of his or
her office shall take and file with the county auditor his or her oath
of office. The clerk, treasurer, and marshal before entering upon
their respective duties shall also each execute a bond approved by the
council in such penal sum as the council by ordinance may determine,
conditioned for the faithful performance of his or her duties including
in the same bond the duties of all offices of which he or she is made
ex officio incumbent.
All bonds, when approved, shall be filed with the town clerk,
except the bonds of the clerk which shall be filed with the mayor.
Sec. 2058 RCW 35.27.170 and 1965 c 7 s 35.27.170 are each amended
to read as follows:
The town treasurer shall receive and safely keep all money which
comes into his or her hands as treasurer, for all of which he or she
shall give duplicate receipts, one of which shall be filed with the
clerk. He or she shall pay out the money on warrants signed by the
mayor and countersigned by the clerk and not otherwise. He or she
shall make monthly settlements with the clerk.
Sec. 2059 RCW 35.27.190 and 1965 c 7 s 35.27.190 are each amended
to read as follows:
Upon the consolidation of the office of treasurer with that of
clerk, the office of treasurer shall be abolished and the clerk shall
exercise all the powers and perform all the duties required by statute
or ordinance to be performed by the treasurer; in the execution of any
papers his or her designation as clerk shall be sufficient.
Upon the consolidation of the office of clerk with that of
treasurer, the treasurer shall exercise all the powers vested in and
perform all the duties required to be performed by the clerk.
Sec. 2060 RCW 35.27.230 and 1965 c 7 s 35.27.230 are each amended
to read as follows:
The proceedings of the town council shall be kept in a book marked
"records of council."
The town clerk shall keep a book marked "town accounts," in which
shall be entered on the debit side all moneys received by the town
including but not limited to proceeds from licenses and general taxes
and in which shall be entered on the credit side all warrants drawn on
the treasury.
He or she shall also keep a book marked "marshal's account" in
which he or she shall charge the marshal with all licenses delivered to
him or her and credit him or her with all money collected and paid in.
He or she shall also keep a book marked "treasurer's account" in
which he or she shall keep a full account of the transactions of the
town with the treasurer.
He or she shall also keep a book marked "licenses" in which he or
she shall enter all licenses issued by him or her -- the date thereof, to
whom issued, for what, the time they expire, and the amount paid.
Each of the foregoing books, except the records of the council,
shall have a general index sufficiently comprehensive to enable a
person readily to ascertain matters contained therein.
He or she shall also keep a book marked "demands and warrants" in
which he or she shall enter every demand against the town at the time
of filing it. He or she shall state therein the final disposition of
each demand and if it is allowed and a warrant drawn, he or she shall
state the number of the warrant and its date. This book shall contain
an index in which reference shall be made to each demand.
Sec. 2061 RCW 35.27.280 and 1965 c 107 s 2 are each amended to
read as follows:
A majority of the ((councilmen)) councilmembers shall constitute a
quorum for the transaction of business, but a lesser number may adjourn
from time to time and may compel the attendance of absent members in
such manner and under such penalties as may be prescribed by ordinance.
The mayor shall preside at all meetings of the council. The mayor
shall have a vote only in case of a tie in the votes of the
((councilmen)) councilmembers. In the absence of the mayor the council
may appoint a president pro tempore; in the absence of the clerk, the
mayor or president pro tempore, shall appoint one of the councilmembers
as clerk pro tempore. The council may establish rules for the conduct
of its proceedings and punish any members or other person for
disorderly behavior at any meeting. At the desire of any member, the
ayes and noes shall be taken on any question and entered in the
journal.
Sec. 2062 RCW 35.27.310 and 1965 c 7 s 35.27.310 are each amended
to read as follows:
The town clerk shall keep a book marked "ordinances" into which he
or she shall copy all town ordinances, with his or her certificate
annexed to said copy stating that the foregoing ordinance is a true and
correct copy of an ordinance of the town, and giving the number and
title of the ordinance, and stating that it has been published or
posted according to law. Such record copy, with the clerk's
certificate, shall be prima facie evidence of the contents of the
ordinance and of its passage and publication, and shall be admissible
as such in any court or proceeding. Such record shall not be filed in
any case but shall be returned to the custody of the clerk. Nothing
herein shall be construed to prevent the proof of the passage and
publication of ordinances in the usual way. The book of ordinances
shall have a general index sufficiently comprehensive to enable a
person readily to ascertain matters contained therein.
Sec. 2063 RCW 35.27.330 and 1965 c 7 s 35.27.330 are each amended
to read as follows:
No ordinance or resolution granting any franchise for any purpose
shall be passed by the council on the day of its introduction, nor
within five days thereafter, nor at any other than a regular meeting,
and no such ordinance or resolution shall have any validity or effect
unless passed by the vote of at least three ((councilmen))
councilmembers. The town council may require a bond in a reasonable
amount from any persons and corporations obtaining a franchise from the
town conditioned for the faithful performance of the conditions and
terms of the franchise and providing a recovery on the bond in case of
failure to perform the terms and conditions of the franchise.
Sec. 2064 RCW 35.27.340 and 1965 c 7 s 35.27.340 are each amended
to read as follows:
All demands against a town shall be presented to and audited by the
council in accordance with such regulations as they may by ordinance
prescribe. Upon allowance of a demand the mayor shall draw a warrant
therefor upon the treasurer; the warrant shall be countersigned by the
clerk and shall specify the purpose for which it is drawn.
The town clerk and his or her deputy shall take all necessary
affidavits to claims against the town and certify them.
Sec. 2065 RCW 35.32A.020 and 1967 c 7 s 4 are each amended to
read as follows:
There shall be a budget director, appointed by the mayor without
regard to civil service rules and regulations and subject to
confirmation by a majority of the members of the city council, who
shall be in charge of the city budget office and, under the direction
of the mayor, shall be responsible for preparing the budget and
supervising its execution. The budget director may be removed by the
mayor upon filing with the city council a statement of his or her
reasons therefor.
Sec. 2066 RCW 35.32A.060 and 1985 c 175 s 64 are each amended to
read as follows:
Every city having a population of over three hundred thousand may
maintain an emergency fund, which fund balance shall not exceed thirty-
seven and one-half cents per thousand dollars of assessed value. Such
fund shall be maintained by an annual budget allowance. When the
necessity therefor arises transfers may be made to the emergency fund
from any tax-supported fund except bond interest and redemption funds.
The city council by an ordinance approved by two-thirds of all of
its members may authorize the expenditure of sufficient money from the
emergency fund, or other designated funds, to meet the expenses or
obligations:
(1) Caused by fire, flood, explosion, storm, earthquake, epidemic,
riot, insurrection, act of God, act of the public enemy or any other
such happening that could not have been anticipated; or
(2) For the immediate preservation of order or public health or for
the restoration to a condition of usefulness of public property the
usefulness of which has been destroyed by accident; or
(3) In settlement of approved claims for personal injuries or
property damages, exclusive of claims arising from the operation of a
public utility owned by the city; or
(4) To meet mandatory expenditures required by laws enacted since
the last budget was adopted.
The city council by an ordinance approved by three-fourths of all
its members may appropriate from the emergency fund, or other
designated funds, an amount sufficient to meet the actual necessary
expenditures of the city for which insufficient or no appropriations
have been made due to causes which could not reasonably have been
foreseen at the time of the making of the budget.
An ordinance authorizing an emergency expenditure shall become
effective immediately upon being approved by the mayor or upon being
passed over his or her veto as provided by the city charter.
Sec. 2067 RCW 35.33.011 and 1981 c 40 s 1 are each amended to
read as follows:
Unless the context clearly indicates otherwise, the following words
as used in this chapter shall have the meaning herein prescribed:
(1) "Clerk" as used in this chapter includes the officer performing
the functions of a finance or budget director, comptroller, auditor, or
by whatever title he or she may be known in any city or town.
(2) "Department" as used in this chapter includes each office,
division, service, system or institution of the city or town for which
no other statutory or charter provision is made for budgeting and
accounting procedures or controls.
(3) "Legislative body" as used in this chapter includes council,
commission or any other group of officials serving as the legislative
body of a city or town.
(4) "Chief administrative officer" as used in this chapter includes
the mayor of cities or towns having a mayor-council form of government,
the commissioners in cities or towns having a commission form of
government, the city manager, or any other city or town official
designated by the charter or ordinances of such city or town under the
plan of government governing the same, or the budget or finance officer
designated by the mayor, manager or commissioners, to perform the
functions, or portions thereof, contemplated by this chapter.
(5) "Fiscal year" as used in this chapter means that fiscal period
set by the city or town pursuant to authority given under RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where clearly used
to indicate the plural of "fund", shall mean the budgeting or
accounting entity authorized to provide a sum of money for specified
activities or purposes.
(7) "Funds" as used in this chapter where not used to indicate the
plural of "fund" shall mean money in hand or available for expenditure
or payment of a debt or obligation.
(8) Except as otherwise defined herein, municipal accounting terms
used in this chapter shall have the meaning prescribed by the state
auditor pursuant to RCW 43.09.200.
Sec. 2068 RCW 35.33.055 and 1969 ex.s. c 95 s 6 are each amended
to read as follows:
The chief administrative officer shall prepare the preliminary
budget in detail, making any revisions or additions to the reports of
the department heads deemed advisable by such chief administrative
officer and at least sixty days before the beginning of the city's or
town's next fiscal year he or she shall file it with the clerk as the
recommendation of the chief administrative officer for the final
budget. The clerk shall provide a sufficient number of copies of such
preliminary budget and budget message to meet the reasonable demands of
taxpayers therefor and have them available for distribution not later
than six weeks before the beginning of the city's or town's next fiscal
year.
Sec. 2069 RCW 35.33.135 and 1969 ex.s. c 95 s 20 are each amended
to read as follows:
At a time fixed by the city's or town's ordinance or city charter,
not later than the first Monday in October of each year, the chief
administrative officer shall provide the city's or town's legislative
body with current information on estimates of revenues from all sources
as adopted in the budget for the current year, together with estimates
submitted by the clerk under RCW 35.33.051. The city's or town's
legislative body and the city's or town's administrative officer or his
or her designated representative shall consider the city's or town's
total anticipated financial requirements for the ensuing fiscal year,
and the legislative body shall determine and fix by ordinance the
amount to be raised by ad valorem taxes. Upon adoption of the
ordinance fixing the amount of ad valorem taxes to be levied, the clerk
shall certify the same to the board of county commissioners as required
by RCW 84.52.020.
Sec. 2070 RCW 35.33.170 and 1969 ex.s. c 95 s 25 are each amended
to read as follows:
Upon the conviction of any city or town official, department head
or other city or town employee of knowingly failing, or refusing,
without just cause, to perform any duty imposed upon such officer or
employee by this chapter, or city charter or city or town ordinance, in
connection with the giving of notice, the preparing and filing of
estimates of revenues or expenditures or other information required for
preparing a budget report in the time and manner required, or of
knowingly making expenditures in excess of budget appropriations, he or
she shall be guilty of a misdemeanor and shall be fined not more than
five hundred dollars for each separate violation.
Sec. 2071 RCW 35.36.010 and 1965 c 7 s 35.36.010 are each amended
to read as follows:
The mayor, city comptroller and city clerk of every city of the
first class may each severally designate one or more bonded persons to
affix his or her signature to any bond or bonds requiring his or her
signature.
If the signature of one of these officers is affixed to a bond
during his or her continuance in office by a proxy designated by him or
her whose authority has not been revoked, the bond shall be as binding
upon the city and all concerned as though the officer had signed the
bond in person.
This chapter shall apply to all bonds, whether they constitute
obligations of the city as a whole or of any local improvement or other
district or subdivision thereof, whether they call for payment from the
general funds of the city or from a local, special or other fund, and
whether negotiable or otherwise.
Sec. 2072 RCW 35.36.050 and 1965 c 7 s 35.36.050 are each amended
to read as follows:
A mayor, comptroller, or clerk authorizing the affixing of his or
her signature to a bond by a proxy shall be subject to the same
liability personally and on his or her bond for any signature so
affixed and to the same extent as if he or she had affixed his or her
signature in person.
Sec. 2073 RCW 35.36.060 and 1965 c 7 s 35.36.060 are each amended
to read as follows:
In order to designate a proxy to affix his or her signature to
bonds, a mayor, comptroller, or clerk shall address a written notice to
the governing body of the city giving the name of the person whom he or
she has selected therefor and stating generally or specifically what
bonds are to be so signed.
Attached to or included in the notice shall be a written signature
of the officer making the designation executed by the proposed proxy
followed by the word "by" and his or her own signature; or, if the
notice so states, the specimen signatures may consist of a facsimile
reproduction of the officer's signature impressed by some mechanical
process followed by the word "by" and the proxy's own signature.
If the authority is intended to include the signature upon bonds
bearing an earlier date than the effective date of the notice, the
prior dated bonds must be specifically described by reasonable
reference thereto.
The notice designating a proxy shall be filed with the city
comptroller or city clerk, together with the specimen signatures
attached thereto and a record of the filing shall be made in the
journal of the governing body. This record shall note the date and
hour of filing and may be made by the official who keeps the journal at
any time after filing of the notice, even during a period of recess or
adjournment of the governing body. The notice shall be effective from
the time of its recording.
Sec. 2074 RCW 35.37.120 and 1983 c 167 s 38 are each amended to
read as follows:
If the council of any city or town which has issued general
indebtedness bonds fails to make any levy necessary to make principal
or interest payments due on the bonds, the owner of any bond or
interest payment which has been presented to the treasurer and payment
thereof refused because of the failure to make a levy may file the bond
together with any unpaid coupons with the county auditor, taking his or
her receipt therefor.
The county auditor shall register bonds so filed, and the county
legislative authority at its next session at which it levies the annual
county tax shall add to the city's or town's levy a sum sufficient to
realize the amount of principal and interest past due and to become due
prior to the next annual levy to be collected and held by the county
treasurer and paid out only upon warrants drawn by the county auditor
as the payments mature in favor of the owner of the bond as shown by
the auditor's register. Similar levies shall be made in each
succeeding year until the bonds and any coupons or interest payments
are fully satisfied.
This remedy is alternative and in addition to any other remedy
which the owner of such a bond or coupon may have.
Sec. 2075 RCW 35.38.050 and 1965 c 7 s 35.38.050 are each amended
to read as follows:
The foregoing provisions of this chapter shall in no way affect the
duty of a city or town treasurer to give bond to the city or town for
the faithful performance of his or her duties in such amount as may be
fixed by the city or town council or other governing body by ordinance.
Sec. 2076 RCW 35.39.060 and 1982 c 166 s 1 are each amended to
read as follows:
Any city or town now or hereafter operating an employees' pension
system with the approval of the board otherwise responsible for
management of its respective funds may invest, reinvest, manage,
contract, sell, or exchange investments acquired. Investments shall be
made in accordance with investment policy duly established and
published by the board. In discharging its duties under this section,
the board shall act with the care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent man or woman acting in
a like capacity and familiar with such matters would use in the conduct
of an enterprise of a like character and with like aims; shall
diversify the investments of the employees' pension system so as to
minimize the risk of large losses; and shall act in accordance with the
documents and instruments governing the employees' pension system,
insofar as such documents and instruments are consistent with the
provisions of this title.
Sec. 2077 RCW 35.44.190 and 1985 c 397 s 9 are each amended to
read as follows:
Whenever any assessment roll for local improvements has been
confirmed by the council, the regularity, validity, and correctness of
the proceedings relating to the improvement and to the assessment
therefor, including the action of the council upon the assessment roll
and the confirmation thereof shall be conclusive in all things upon all
parties. They cannot in any manner be contested or questioned in any
proceeding by any person unless he or she filed written objections to
the assessment roll in the manner and within the time required by the
provisions of this chapter and unless he or she prosecutes his or her
appeal in the manner and within the time required by the provisions of
this chapter.
No proceeding of any kind shall be commenced or prosecuted for the
purpose of defeating or contesting any assessment or the sale of any
property to pay an assessment or any certificate of delinquency issued
therefor, or the foreclosure of any lien therefor, except that
injunction proceedings may be brought to prevent the sale of any real
estate upon the ground (1) that the property about to be sold does not
appear upon the assessment roll or, (2) that the assessment has been
paid.
If federal, local, or state funds become available for a local
improvement after the assessment roll has been confirmed by the city
legislative authority, the funds may be used to lower the assessments
on a uniform basis. Any adjustments to the assessments because of the
availability of federal or state funds may be made on the next annual
payment.
Sec. 2078 RCW 35.44.220 and 1971 ex.s. c 116 s 3 are each amended
to read as follows:
At the time of filing the notice of appeal with the clerk of the
superior court, the appellant shall execute and file with him or her a
sufficient bond in the penal sum of two hundred dollars, with at least
two sureties to be approved by the judge of the court, conditioned to
prosecute the appeal without delay and, if unsuccessful, to pay all
reasonable costs and expenses which the city or town incurs by reason
of the appeal. Upon application therefor, the court may order the
appellant to execute and file such additional bonds as the necessity of
the case may require.
Sec. 2079 RCW 35.44.230 and 1971 c 81 s 90 are each amended to
read as follows:
Within ten days from the filing of the notice of appeal, the
appellant shall file with the clerk of the superior court a transcript
consisting of the assessment roll and his or her objections thereto,
together with the ordinance confirming the assessment roll and the
record of the council with reference to the assessment. This
transcript, upon payment of the necessary fees therefor, shall be
furnished by the city or town clerk and shall be certified by him or
her to contain full, true and correct copies of all matters and
proceedings required to be included in the transcript. The fees
payable therefor shall be the same as those payable to the clerk of the
superior court for the preparation and certification of transcripts on
appeal to the supreme court or the court of appeals in civil actions.
Sec. 2080 RCW 35.44.270 and 1988 c 202 s 37 are each amended to
read as follows:
A certified copy of the decision of the superior court pertaining
to assessments for local improvements shall be filed with the officer
having custody of the assessment roll and he or she shall modify and
correct the assessment roll in accordance with the decision. In the
event appellate review of the decision is sought, a certified copy of
the court's order shall be filed with the officer having custody of the
assessment roll and the officer shall thereupon modify and correct the
assessment roll in accordance with the order.
Sec. 2081 RCW 35.45.080 and 2002 c 41 s 3 are each amended to
read as follows:
If a city or town fails to pay any bonds or to promptly collect any
local improvement assessments when due, the owner of the bonds may
proceed in his or her own name to collect the assessment and foreclose
the lien thereof in any court of competent jurisdiction and shall
recover in addition to the amount of the bond and interest thereon,
five percent, together with the cost of suit. Any number of holders of
bonds for any single improvement may join as plaintiffs and any number
of owners of property upon which the assessments are liens may be
joined as defendants in the same suit.
The owners of local improvement bonds issued by a city or town
after the creation of a local improvement guaranty fund therein, shall
also have recourse against the local improvement guaranty fund of such
city or town unless the ordinance under which the bonds were issued
provides that the bonds are not secured by the local improvement
guaranty fund.
Sec. 2082 RCW 35.45.090 and 1965 c 7 s 35.45.090 are each amended
to read as follows:
Any funds in the treasury of any municipal corporation belonging to
the fund of any local improvement district after the payment of the
whole cost and expense of such improvement, in excess of the total sum
required to defray all the expenditures by such municipal corporation
on account thereof, shall be refunded, on demand, to the payers into
such fund. Each such payer shall be entitled to such proportion of
such excess as his or her original assessment bears to the entire
original assessment levied for such improvement. Such municipal
corporation may, after one year from the date on which the last
installment becomes due, transfer any balance remaining on hand to the
general fund of such municipal corporation, but shall, notwithstanding
such transfer remain liable for the refund herein provided for until
such refund shall have been made, unless the actual cost involved in
making such refund shall exceed the excess in such fund.
Such demand shall be made in writing to the treasurer of such
municipal corporation. No action shall be commenced in any court to
obtain any such refund, except upon such demand, and until ninety days
after making such demand. No excess shall be recovered in any action
where the excess in the fund does not average the sum of one dollar in
favor of all payers into such fund.
This section shall not be deemed to require the refunding of any
balance left in any local improvement fund after the payment of all
outstanding obligations issued against such fund, where such balance
accrues from any saving in interest or from penalties collected upon
delinquent assessments, but any such balance, whether accruing
heretofore or hereafter, may be turned into the general fund or
otherwise disposed of, as the legislative authority of the city may
direct.
The provisions of this chapter relating to the refund of excess
local improvement district funds shall not apply to any district whose
obligations are guaranteed by the local improvement guaranty fund.
Sec. 2083 RCW 35.45.130 and 1981 c 323 s 3 are each amended to
read as follows:
Every city and town may provide by ordinance for the issuance of
warrants in payment of the cost and expense of any local improvement,
payable out of the local improvement district fund. The warrants shall
bear interest at a rate or rates established by the issuing officer
under the direction of the legislative authority of the city or town
and shall be redeemed either in cash or by local improvement bonds for
the same improvement authorized by ordinance.
All warrants against any local improvement fund sold by the city or
town or issued to a contractor and by him or her sold or hypothecated
for a valuable consideration shall be claims and liens against the
improvement fund against which they are drawn prior and superior to any
right, lien, or claim of any surety upon the bond or bonds given to the
city or town by or for the contractor to secure the performance of his
or her contract or to secure the payment of persons who have performed
work thereon, furnished materials therefor, or provisions and supplies
for the carrying on of the work.
Sec. 2084 RCW 35.45.150 and 1983 c 167 s 44 are each amended to
read as follows:
In addition to the issuance of bonds and warrants in payment of the
cost and expense of any local improvement, any city or town may also
issue and sell installment notes payable out of the local improvement
district fund. Such installment notes may be issued any time after the
thirty day period allowed by law for the payment of assessments of any
district without penalty or interest, and may bear any denomination or
denominations, the aggregate of which shall represent the balance of
the cost and expense of the local improvement district which is to be
borne by the property owners therein.
Application of local improvement district funds for the reduction
of the principal and interest amounts due on any notes herein provided
to finance said improvement shall be made not less than once each year
beginning with the issue date thereof. Appropriate notification of
such application of funds shall be made by the city or town treasurer
to the registered payees of said notes, except those notes owned by
funds of the issuing municipality. Such notes may be registered as
provided in RCW 39.46.030. If more than one local improvement
installment note is issued for a single district, said notes shall be
numbered consecutively. All notes issued shall bear on the face
thereof: (1) The name of the payee; (2) the number of the local
improvement district from whose funds the notes are payable; (3) the
date of issue of each note; (4) the date on which the note, or the
final installment thereon shall become due; (5) the rate or rates of
interest, as provided by the city or town legislative authority, to be
paid on the unpaid balance thereof, and; (6) such manual or facsimile
signatures and attestations as are required by state statute or city
charter to appear on the warrants of each issuing municipality.
The reverse side of each installment note issued pursuant to this
section shall bear a tabular payment record which shall indicate at
prescribed installment dates, the receipt of any local improvement
district funds for the purpose of servicing the debt evidenced by said
notes. Such receipts shall first be applied toward the interest due on
the unpaid balance of the note, and any additional moneys shall
thereafter apply as a reduction of the principal amount thereof. The
tabular payment record shall, in addition to the above, show the unpaid
principal balance due on each installment note, together with
sufficient space opposite each transaction affecting said note for the
manual signature of the city's or town's clerk, treasurer or other
properly designated receiving officer of the municipality, or of any
other registered payee presenting said note for such installment
payments.
Whenever there are insufficient funds in a local improvement
district to meet any payment of installment interest due on any note
herein authorized, a noninterest-bearing defaulted installment interest
certificate shall be issued by the city or town treasurer which shall
consist of a written statement certifying the amount of such defaulted
interest installment; the name of the payee of the note to whom the
interest is due and the number of the local improvement district from
whose funds the note and interest thereon is payable. Such
certificates may be registered as provided in RCW 39.46.030. The
certificate herein provided shall bear the manual signature of the city
or town treasurer or his or her authorized agent. The defaulted
installment interest certificate so issued shall be redeemed for the
face amount thereof with any available funds in the local improvement
guaranty fund.
Whenever at the date of maturity of any installment note issued
pursuant to this section, there are insufficient funds in a local
improvement district, due to delinquencies in the collection of
assessments, to pay the final installment of the principal due thereon,
the note shall be redeemed with any available funds in the local
improvement guaranty fund for the amount of said final installment.
All certificates and notes issued pursuant to this section are to
become subject to the same redemption privileges as apply to any local
improvement district bonds and warrants now accorded the protection of
the local improvement guaranty fund as provided in chapter 35.54 RCW,
and whenever the certificates or notes issued as herein provided are
redeemed by said local improvement guaranty fund, they shall be held
therein as investments thereof in the same manner as prescribed for
other defaulted local improvement district obligations.
Notwithstanding any other statutory provisions, local improvement
installment notes authorized by this section which are within the
protection of the local improvement guaranty fund law shall be
considered legal investments for any available surplus funds of the
issuing municipality which now or hereafter may be authorized to be
invested in the city's or town's local improvement districts' bonds or
warrants and shall be considered legal investments for all national and
state banks, savings and loan institutions, and any and all other
commercial banking or financial institutions to the same extent that
the local improvement district bonds and any coupons issued pursuant to
the provisions of this chapter have been and are legal investments for
such institutions. Any such local improvement installment notes may be
transferred or sold by said city or town upon such terms or conditions
and in such manner as the local governing body of said city or town may
determine, or may be issued to another fund of the city or town:
PROVIDED, HOWEVER, That the same shall not be sold at less than par
plus accrued interest.
Notwithstanding the provisions of this section, such notes and
certificates may be issued, and such notes may be sold, in accordance
with chapter 39.46 RCW.
Sec. 2085 RCW 35.49.010 and 1972 ex.s. c 137 s 1 are each amended
to read as follows:
All assessments for local improvements in local improvement
districts shall be collected by the city treasurer and shall be kept in
a separate fund to be known as "local improvement fund, district No.
. . . ." and shall be used for no other purpose than the redemption of
warrants drawn upon and bonds issued against the fund to provide
payment for the cost and expense of the improvement.
All assessments for local improvements in a utility local
improvement district shall be collected by the city treasurer, shall be
paid into the appropriate revenue bond fund, and shall be used for no
other purpose than the redemption of revenue bonds issued to provide
funds for the cost and expense of the improvement.
As soon as the assessment roll has been placed in the hands of the
city or town treasurer for collection, he or she shall publish a notice
in the official newspaper of the city or town once a week for two
consecutive weeks, that the roll is in his or her hands for collection
and that all or any portion of the assessment may be paid within thirty
days from the date of the first publication of the notice without
penalty, interest or costs.
Within fifteen days of the first newspaper publication, the city or
town treasurer shall notify each owner or reputed owner whose name
appears on the assessment roll, at the address shown on the tax rolls
of the county treasurer for each item of property described on the
list, of the nature of the assessment, of the amount of his or her real
property subject to such assessment, of the total amount of assessment
due, and of the time during which such assessment may be paid without
penalty, interest, or costs.
Sec. 2086 RCW 35.49.040 and 1965 c 7 s 35.49.040 are each amended
to read as follows:
The owner of any lot, tract, or parcel of land or other property
charged with local improvement assessment may redeem it from all or any
portion thereof by paying to the city or town treasurer all or any
portion thereof without interest within thirty days after the first
publication by the treasurer of notice that the assessment roll is in
his or her hands for collection.
Sec. 2087 RCW 35.49.090 and 1965 c 7 s 35.49.090 are each amended
to read as follows:
If any assessment for a local improvement, or an installment
thereof, or judgment for either of them is paid, or a certificate of
sale for either of them is redeemed by a joint owner of any of the
property so assessed, he or she may, after demand and refusal, recover
from his or her co-owners, by an action brought in superior court, the
respective portions of the payment which each co-owner should bear. He
or she shall have a lien upon the undivided interests of his or her co-owners from the date of the payment made by him or her and in the
action shall recover interest at ten percent from the date of payment
by him or her and the costs of the action in addition to the principal
sum due him or her.
Sec. 2088 RCW 35.49.100 and 1965 c 7 s 35.49.100 are each amended
to read as follows:
If, through error or inadvertence, a person pays any assessment for
a local improvement or an installment thereof upon the lands of
another, he or she may, after demand and refusal, recover from the
owner of such lands, by an action in the superior court, the amount so
paid and the costs of the action.
Sec. 2089 RCW 35.50.005 and 1969 ex.s. c 258 s 16 are each
amended to read as follows:
Within fifteen days after any city or town has ordered a local
improvement and created a local improvement district, the city or town
shall cause to be filed with the officer authorized by law to collect
the assessments for such improvement, the title of the improvement and
district number and a copy of the diagram or print showing the
boundaries of the district and preliminary assessment roll or abstract
of same showing thereon the lots, tracts and parcels of land that will
be specially benefited thereby and the estimated cost and expense of
such improvement to be borne by each lot, tract, or parcel of land.
Such officer shall immediately post the proposed assessment roll upon
his or her index of local improvement assessments against the
properties affected by the local improvement.
Sec. 2090 RCW 35.50.225 and 1982 c 91 s 6 are each amended to
read as follows:
In foreclosing local improvement assessments, the summons shall be
substantially in the following form:
Sec. 2091 RCW 35.53.070 and 1967 c 52 s 23 are each amended to
read as follows:
In such an action the court after acquiring jurisdiction shall
proceed as in the case of a receivership except that the city or town
shall serve as trustee in lieu of a receiver.
The assets of the improvement districts involved shall be sold at
such prices and in such manner as the court may deem advisable and be
applied to the costs and expenses of the action and the liquidation of
the bonds and warrants of the districts or revenue bonds to which
utility local improvement assessments are pledged to pay.
No notice to present claims other than the summons in the action
shall be necessary. Any claim presented shall be accompanied by the
bonds and warrants upon which it is based. Dividends upon any bonds or
warrants for which no claim was filed shall be paid into the general
fund of the city or town, but the owner thereof may obtain it at any
time within five years thereafter upon surrender and cancellation of
his or her bonds and warrants.
Upon the termination of the receivership the city or town shall be
discharged from all trusts relating to the property, funds, bonds, and
warrants involved in the action.
Sec. 2092 RCW 35.54.100 and 1972 ex.s. c 137 s 3 are each amended
to read as follows:
Whenever payment of a local improvement district assessment is
deferred pursuant to the provisions of RCW 35.43.250 the amount of the
deferred assessment shall be paid out of the local improvement guaranty
fund. The local improvement guaranty fund shall have a lien on the
benefited property in an amount equal to the deferral together with
interest as provided for by the establishing ordinance.
The lien may accumulate up to an amount not to exceed the sum of
two installments: PROVIDED, That the ordinance creating the local
improvement district may provide for one or additional deferrals of up
to two installments. Local improvement assessment obligations deferred
under chapter 137, Laws of 1972 ex. sess. shall become payable upon the
earliest of the following dates:
(1) Upon the date and pursuant to conditions established by the
political subdivision granting the deferral; or
(2) Upon the sale of property which has a deferred assessment lien
upon it from the purchase price; or
(3) Upon the death of the person to whom the deferral was granted
from the value of his or her estate; except a surviving spouse shall be
allowed to continue the deferral which shall then be payable by that
spouse as provided in this section.
Sec. 2093 RCW 35.55.070 and 1965 c 7 s 35.55.070 are each amended
to read as follows:
When such assessment roll has been prepared it shall be filed in
the office of the city clerk and thereupon the city clerk shall give
notice by publication in at least three issues of the official paper
that such roll is on file in his or her office and that at a date
mentioned in said notice, which shall be at least twenty days after the
date of the first publication thereof, the city council will sit as a
board of equalization to equalize said roll and to hear, consider and
determine protests and objections against the same.
At the time specified in the notice, the city council shall sit as
a board of equalization to equalize the roll and they may adjourn the
sitting from time to time until the equalization of such roll is
completed. The city council as board of equalization may hear,
consider and determine objections and protests against any assessment
and may make such alterations and modifications in the assessment roll
as justice and equity may require.
Sec. 2094 RCW 35.56.040 and 1965 c 7 s 35.56.040 are each amended
to read as follows:
Upon the introduction of an ordinance providing for such fill, if
the city council or commission desires to proceed, it shall fix a time,
not less than ten days, in which protests against said fill may be
filed in the office of the city clerk. Thereupon it shall be the duty
of the clerk of said city to publish in the official newspaper of said
city in at least two consecutive issues thereof before the time fixed
for the filing of protests, a notice of the time fixed for the filing
of protests together with a copy of the proposed ordinance as
introduced.
Protests against the proposed fill to be effective must be filed by
the owners of more than half of the area of land situated within the
proposed filling district exclusive of streets, alleys and public
places on or before the date fixed for such filing. If an effective
protest is filed the council shall not proceed further unless two-thirds of the members of the city council vote to proceed with the
work; if the city is operating under a commission form of government
composed of three commissioners, the commission shall not proceed
further except by a unanimous affirmative vote of all the members
thereof, if the commission is composed of five members, at least four
affirmative votes thereof shall be necessary before proceeding.
If no effective protest is filed or if an effective protest is
filed and two-thirds of the ((councilmen)) councilmembers vote to
proceed with the work or in cases where cities are operating under the
commission form of government, the commissioners vote unanimously or
four out of five commissioners vote to proceed with the work, the city
council or commission shall at such meeting or in a succeeding meeting
proceed to pass the proposed ordinance for the work, with such
amendments and modifications as to the said city council or commission
of said city may seem proper. The local improvement district shall be
called "filling district No. . . . ."
Sec. 2095 RCW 35.56.080 and 1965 c 7 s 35.56.080 are each amended
to read as follows:
When such assessment roll has been prepared it shall be filed in
the office of the city clerk and thereupon the city clerk shall give
notice by publication in at least three issues of the official paper
that such roll is on file in his or her office and on a date mentioned
in said notice, which shall be at least twenty days after the date of
the first publication thereof, the city council or commission will sit
as a board of equalization to equalize said roll and to hear, consider
and determine protests and objections against the same.
At the time specified in the notice, the city council or commission
shall sit as a board of equalization to equalize the roll and they may
adjourn the sitting from time to time until the equalization of such
roll is completed. The city council or commission as such board of
equalization may hear, consider and determine objections and protests
against any assessment and make such alterations and modifications in
the assessment roll as justice and equity may require.
Sec. 2096 RCW 35.56.140 and 1965 c 7 s 35.56.140 are each amended
to read as follows:
The city may guarantee the payment of the whole or any part of the
bonds issued against a local improvement district, but the guaranties
on the part of the city shall be made only by ordinance passed by the
vote of not less than two-thirds of the ((councilmen)) councilmembers
and the approval of the mayor, or three commissioners in case the
governing body consist of three commissioners, or four where such city
is governed by five commissioners.
Sec. 2097 RCW 35.58.070 and 1965 c 7 s 35.58.070 are each amended
to read as follows:
A metropolitan municipal corporation may be created by vote of the
qualified electors residing in a metropolitan area in the manner
provided in this chapter. An election to authorize the creation of a
metropolitan municipal corporation may be called pursuant to resolution
or petition in the following manner:
(1) A resolution or concurring resolutions calling for such an
election may be adopted by either:
(a) The city council of a central city; or
(b) The city councils of two or more component cities other than a
central city; or
(c) The board of commissioners of a central county.
A certified copy of such resolution or certified copies of such
concurring resolutions shall be transmitted to the board of
commissioners of the central county.
(2) A petition calling for such an election shall be signed by at
least four percent of the qualified voters residing within the
metropolitan area and shall be filed with the auditor of the central
county.
Any resolution or petition calling for such an election shall
describe the boundaries of the proposed metropolitan area, name the
metropolitan function or functions which the metropolitan municipal
corporation shall be authorized to perform initially and state that the
formation of the metropolitan municipal corporation will be conducive
to the welfare and benefit of the persons and property within the
metropolitan area. After the filing of a first sufficient petition or
resolution with such county auditor or board of county commissioners
respectively, action by such auditor or board shall be deferred on any
subsequent petition or resolution until after the election has been
held pursuant to such first petition or resolution.
Upon receipt of such a petition, the auditor shall examine the same
and certify to the sufficiency of the signatures thereon. For the
purpose of examining the signatures on such petition, the auditor shall
be permitted access to the voter registration books of each component
county and each component city. No person may withdraw his or her name
from a petition after it has been filed with the auditor. Within
thirty days following the receipt of such petition, the auditor shall
transmit the same to the board of commissioners of the central county,
together with his or her certificate as to the sufficiency thereof.
Sec. 2098 RCW 35.58.100 and 1967 c 105 s 2 are each amended to
read as follows:
A metropolitan municipal corporation may be authorized to perform
one or more metropolitan functions in addition to those which it has
previously been authorized to perform, with the approval of the voters
at an election, in the manner provided in this section.
An election to authorize a metropolitan municipal corporation to
perform one or more additional metropolitan functions may be called
pursuant to a resolution or a petition in the following manner:
(1) A resolution calling for such an election may be adopted by:
(a) The city council of the central city; or
(b) The city councils of at least one-half in number of the
component cities other than the central city; or
(c) The board of commissioners of the central county. Such
resolution shall be transmitted to the metropolitan council.
(2) A petition calling for such an election shall be signed by at
least four percent of the registered voters residing within the
metropolitan area and shall be filed with the auditor of the central
county.
Any resolution or petition calling for such an election shall name
the additional metropolitan functions which the metropolitan municipal
corporation shall be authorized to perform.
Upon receipt of such a petition, the auditor shall examine the
signatures thereon and certify to the sufficiency thereof. For the
purpose of examining the signatures on such petition, the auditor shall
be permitted access to all voter registration books of any component
county and of all component cities. No person may withdraw his or her
name from a petition after it has been filed with the auditor. Within
thirty days following the receipt of such petition, the auditor shall
transmit the same to the metropolitan council, together with his or her
certificate as to the sufficiency of signatures thereon.
Upon receipt of a valid resolution or duly certified petition
calling for an election on the authorization of the performance of one
or more additional metropolitan functions, the metropolitan council
shall cause to be called a special election to be held not more than
one hundred and twenty days nor less than sixty days following such
receipt. Such special election shall be conducted and canvassed as
provided in this chapter for an election on the question of forming a
metropolitan municipal corporation. The ballot proposition shall be in
substantially the following form:
"Shall the . . . . . . metropolitan municipal corporation be authorized to perform the additional metropolitan functions of . . . . . . (here insert the title of each of the additional functions to be authorized as set forth in the petition or resolution)?
Sec. 2099 RCW 35.58.130 and 1965 c 7 s 35.58.130 are each amended
to read as follows:
At the first meeting of the metropolitan council following the
formation of a metropolitan municipal corporation, the mayor of the
central city shall serve as temporary ((chairman)) chair. As its first
official act the council shall elect a ((chairman)) chair. The
((chairman)) chair shall be a voting member of the council and shall
preside at all meetings. In the event of his or her absence or
inability to act the council shall select one of its members to act as
((chairman)) chair pro tempore. A majority of all members of the
council shall constitute a quorum for the transaction of business. A
smaller number of councilmembers than a quorum may adjourn from time to
time and may compel the attendance of absent members in such manner and
under such penalties as the council may provide. The council shall
determine its own rules and order of business, shall provide by
resolution for the manner and time of holding all regular and special
meetings and shall keep a journal of its proceedings which shall be a
public record. Every legislative act of the council of a general or
permanent nature shall be by resolution.
Sec. 2100 RCW 35.58.140 and 1971 ex.s. c 303 s 6 are each amended
to read as follows:
Each member of a metropolitan council except those selected under
the provisions of RCW 35.58.120 (((1)(a), (5), (7), and (8))), shall
hold office at the pleasure of the body which selected him or her.
Each member, who shall hold office ex officio, may not hold office
after he or she ceases to hold the position of elected county
executive, mayor, commissioner, or ((councilman)) councilmember. The
((chairman)) chair shall hold office until the second Tuesday in July
of each even-numbered year and may, if reelected, serve more than one
term. Each member shall hold office until his or her successor has
been selected as provided in this chapter.
Sec. 2101 RCW 35.58.150 and 1984 c 44 s 1 are each amended to
read as follows:
A vacancy in the office of a member of the metropolitan council
shall be filled in the same manner as provided for the original
selection. The meeting of mayors to fill a vacancy of the member
selected under the provisions of RCW 35.58.120(((4))) or of special
district representatives to fill a vacancy of a member selected under
RCW 35.58.120(((7))) shall be held at such time and place as shall be
designated by the ((chairman)) chair of the metropolitan council after
ten days' written notice mailed to the mayors of each of the cities
specified in RCW 35.58.120(((4))) or to the representatives of the
special purpose districts specified in RCW 35.58.120(((7))), whichever
is applicable.
Sec. 2102 RCW 35.58.160 and 1985 c 330 s 1 are each amended to
read as follows:
The ((chairman)) chair and committee ((chairmen)) chairs of the
metropolitan council except elected public officials serving on a full-time salaried basis may receive such compensation as the other members
of the metropolitan council shall provide. Members of the council
other than the ((chairman)) chair and committee ((chairmen)) chairs
shall receive compensation of fifty dollars per day or portion thereof
for attendance at metropolitan council or committee meetings, or for
performing other services on behalf of the metropolitan municipal
corporation, but not exceeding a total of four thousand eight hundred
dollars in any year, in addition to any compensation which they may
receive as officers of component cities or counties: PROVIDED, That
elected public officers serving in such capacities on a full-time basis
shall not receive compensation for attendance at metropolitan, council,
or committee meetings, or otherwise performing services on behalf of
the metropolitan municipal corporation: PROVIDED FURTHER, That
committee ((chairmen)) chairs shall not receive compensation in any one
year greater than one-third of the compensation authorized for the
county commissioners or county ((councilmen)) councilmembers of the
central county.
Any member of the council may waive all or any portion of his or
her compensation payable under this section as to any month or months
during his or her term of office, by a written waiver filed with the
council as provided in this section. The waiver, to be effective, must
be filed any time after the member's selection and prior to the date on
which the compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
All members of the council shall be reimbursed for expenses
actually incurred by them in the conduct of official business for the
metropolitan municipal corporation.
Sec. 2103 RCW 35.58.210 and 1999 c 153 s 33 are each amended to
read as follows:
If a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan water pollution abatement, the
metropolitan council shall, prior to the effective date of the
assumption of such function, cause a metropolitan water pollution
abatement advisory committee to be formed by notifying the legislative
body of each component city and county which operates a sewer system to
appoint one person to serve on such advisory committee and the board of
commissioners of each water-sewer district which operates a sewer
system, any portion of which lies within the metropolitan area, to
appoint one person to serve on such committee who shall be a
commissioner of such a water-sewer district. The metropolitan water
pollution abatement advisory committee shall meet at the time and place
provided in the notice and elect a ((chairman)) chair. The members of
such committee shall serve at the pleasure of the appointing bodies and
shall receive no compensation other than reimbursement for expenses
actually incurred in the performance of their duties. The function of
such advisory committee shall be to advise the metropolitan council in
matters relating to the performance of the water pollution abatement
function.
Sec. 2104 RCW 35.58.230 and 1999 c 153 s 35 are each amended to
read as follows:
If a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan water supply, the metropolitan
council shall, prior to the effective date of the assumption of such
function, cause a metropolitan water advisory committee to be formed by
notifying the legislative body of each component city which operates a
water system to appoint one person to serve on such advisory committee
and the board of commissioners of each water-sewer district that
operates a water system, any portion of which lies within the
metropolitan area, to appoint one person to serve on such committee who
shall be a water-sewer district commissioner. The metropolitan water
advisory committee shall meet at the time and place provided in the
notice and elect a ((chairman)) chair. The members of such committee
shall serve at the pleasure of the appointing bodies and shall receive
no compensation other than reimbursement for expenses actually incurred
in the performance of their duties. The function of such advisory
committee shall be to advise the metropolitan council with respect to
matters relating to the performance of the water supply function.
The requirement to create a metropolitan water advisory committee
shall not apply to a county that has assumed the rights, powers,
functions, and obligations of the metropolitan municipal corporation
under chapter 36.56 RCW.
Sec. 2105 RCW 35.58.265 and 1965 c 91 s 1 are each amended to
read as follows:
If a metropolitan municipal corporation shall perform the
metropolitan transportation function and shall acquire any existing
transportation system, it shall assume and observe all existing labor
contracts relating to such system and, to the extent necessary for
operation of facilities, all of the employees of such acquired
transportation system whose duties are necessary to operate efficiently
the facilities acquired shall be appointed to comparable positions to
those which they held at the time of such transfer, and no employee or
retired or pensioned employee of such systems shall be placed in any
worse position with respect to pension seniority, wages, sick leave,
vacation or other benefits that he or she enjoyed as an employee of
such system prior to such acquisition. The metropolitan municipal
corporation shall engage in collective bargaining with the duly
appointed representatives of any employee labor organization having
existing contracts with the acquired transportation system and may
enter into labor contracts with such employee labor organization.
Sec. 2106 RCW 35.58.270 and 1993 c 240 s 6 are each amended to
read as follows:
If a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan transportation with a commission
form of management, a metropolitan transit commission shall be formed
prior to the effective date of the assumption of such function. Except
as provided in this section, the metropolitan transit commission shall
exercise all powers of the metropolitan municipal corporation with
respect to metropolitan transportation facilities, including but not
limited to the power to construct, acquire, maintain, operate, extend,
alter, repair, control and manage a local public transportation system
within and without the metropolitan area, to establish new passenger
transportation services and to alter, curtail, or abolish any services
as the commission may deem desirable and to fix tolls and fares.
The comprehensive plan for public transportation service and any
amendments thereof shall be adopted by the metropolitan council and the
metropolitan transit commission shall provide transportation facilities
and service consistent with such plan. The metropolitan transit
commission shall authorize expenditures for transportation purposes
within the budget adopted by the metropolitan council. Tolls and fares
may be fixed or altered by the commission only after approval thereof
by the metropolitan council. Bonds of the metropolitan municipal
corporation for public transportation purposes shall be issued by the
metropolitan council as provided in this chapter.
The metropolitan transit commission shall consist of seven members.
Six of such members shall be appointed by the metropolitan council and
the seventh member shall be the ((chairman)) chair of the metropolitan
council who shall be ex officio the ((chairman)) chair of the
metropolitan transit commission. Three of the six appointed members of
the commission shall be residents of the central city and three shall
be residents of the metropolitan area outside of the central city. The
three central city members of the first metropolitan transit commission
shall be selected from the existing transit commission of the central
city, if there be a transit commission in such city. The terms of
first appointees shall be for one, two, three, four, five and six
years, respectively. Thereafter, commissioners shall serve for a term
of four years. Compensation of transit commissioners shall be
determined by the metropolitan council.
The requirement to create a metropolitan transit commission shall
not apply to a county that has assumed the rights, powers, functions,
and obligations of the metropolitan municipal corporation under chapter
36.56 RCW.
Sec. 2107 RCW 35.58.370 and 1965 c 7 s 35.58.370 are each amended
to read as follows:
The metropolitan council shall establish and provide for the
operation and maintenance of a personnel merit system for the
employment, classification, promotion, demotion, suspension, transfer,
layoff and discharge of its appointive officers and employees solely on
the basis of merit and fitness without regard to political influence or
affiliation. The person appointed or body created for the purpose of
administering such personnel system shall have power to make, amend and
repeal rules and regulations as are deemed necessary for such merit
system. Such rules and regulations shall provide:
(1) That the person to be discharged or demoted must be presented
with the reasons for such discharge or demotion specifically stated;
and
(2) That he or she shall be allowed a reasonable time in which to
reply thereto in writing and that he or she be given a hearing thereon
within a reasonable time.
Sec. 2108 RCW 35.58.390 and 1965 c 7 s 35.58.390 are each amended
to read as follows:
Where a metropolitan municipal corporation employs a person
employed immediately prior thereto by a component city or county, or by
a special district, such employee shall be deemed to remain an employee
of such city, county, or special district for the purposes of any
pension plan of such city, county, or special district, and shall
continue to be entitled to all rights and benefits thereunder as if he
or she had remained as an employee of the city, county, or special
district, until the metropolitan municipal corporation has provided a
pension plan and such employee has elected, in writing, to participate
therein.
Until such election, the metropolitan municipal corporation shall
deduct from the remuneration of such employee the amount which such
employee is or may be required to pay in accordance with the provisions
of the plan of such city, county, or special district and the
metropolitan municipal corporation shall pay to the city, county, or
special district any amounts required to be paid under the provisions
of such plan by employer or employee.
Sec. 2109 RCW 35.58.400 and 1965 c 7 s 35.58.400 are each amended
to read as follows:
Where a metropolitan municipal corporation employs a person
employed immediately prior thereto by a component city or county or by
a special district, the employee shall be deemed to remain an employee
of such city, county, or special district for the purposes of any sick
leave credit plan of the component city, county, or special district
until the metropolitan municipal corporation has established a sick
leave credit plan for its employees, whereupon the metropolitan
municipal corporation shall place to the credit of the employee the
sick leave credits standing to his or her credit in the plan of such
city, county, or special district.
Where a metropolitan municipal corporation employs a person
theretofore employed by a component city, county, or by a special
district, the metropolitan municipal corporation shall, during the
first year of his or her employment by the metropolitan municipal
corporation, provide for such employee a vacation with pay equivalent
to that which he or she would have been entitled if he or she had
remained in the employment of the city, county, or special district.
Sec. 2110 RCW 35.58.460 and 1993 c 240 s 14 are each amended to
read as follows:
(1) A metropolitan municipal corporation may issue revenue bonds to
provide funds to carry out its authorized metropolitan water pollution
abatement, water supply, garbage disposal or transportation purposes,
without submitting the matter to the voters of the metropolitan
municipal corporation. The metropolitan council shall create a special
fund or funds for the sole purpose of paying the principal of and
interest on the bonds of each such issue, into which fund or funds the
metropolitan council may obligate the metropolitan municipal
corporation to pay such amounts of the gross revenue of the particular
utility constructed, acquired, improved, added to, or repaired out of
the proceeds of sale of such bonds, as the metropolitan council shall
determine and may obligate the metropolitan municipal corporation to
pay such amounts out of otherwise unpledged revenue which may be
derived from the ownership, use or operation of properties or
facilities owned, used or operated incident to the performance of the
authorized function for which such bonds are issued or out of otherwise
unpledged fees, tolls, charges, tariffs, fares, rentals, special taxes
or other sources of payment lawfully authorized for such purpose, as
the metropolitan council shall determine. The principal of, and
interest on, such bonds shall be payable only out of such special fund
or funds, and the owners of such bonds shall have a lien and charge
against the gross revenue of such utility or any other revenue, fees,
tolls, charges, tariffs, fares, special taxes or other authorized
sources pledged to the payment of such bonds.
Such revenue bonds and the interest thereon issued against such
fund or funds shall be a valid claim of the owners thereof only as
against such fund or funds and the revenue pledged therefor, and shall
not constitute a general indebtedness of the metropolitan municipal
corporation.
Each such revenue bond shall state upon its face that it is payable
from such special fund or funds, and all revenue bonds issued under
this chapter shall be negotiable securities within the provisions of
the law of this state. Such revenue bonds may be registered either as
to principal only or as to principal and interest as provided in RCW
39.46.030, or may be bearer bonds; shall be in such denominations as
the metropolitan council shall deem proper; shall be payable at such
time or times and at such places as shall be determined by the
metropolitan council; shall bear interest at such rate or rates as
shall be determined by the metropolitan council; shall be signed by the
((chairman)) chair and attested by the secretary of the metropolitan
council, any of which signatures may be facsimile signatures, and the
seal of the metropolitan municipal corporation shall be impressed or
imprinted thereon; any attached interest coupons shall be signed by the
facsimile signatures of said officials.
Such revenue bonds shall be sold in such manner, at such price and
at such rate or rates of interest as the metropolitan council shall
deem to be for the best interests of the metropolitan municipal
corporation, either at public or private sale.
The metropolitan council may at the time of the issuance of such
revenue bonds make such covenants with the owners of said bonds as it
may deem necessary to secure and guarantee the payment of the principal
thereof and the interest thereon, including but not being limited to
covenants to set aside adequate reserves to secure or guarantee the
payment of such principal and interest, to maintain rates sufficient to
pay such principal and interest and to maintain adequate coverage over
debt service, to appoint a trustee or trustees for the bond owners to
safeguard the expenditure of the proceeds of sale of such bonds and to
fix the powers and duties of such trustee or trustees and to make such
other covenants as the metropolitan council may deem necessary to
accomplish the most advantageous sale of such bonds. The metropolitan
council may also provide that revenue bonds payable out of the same
source may later be issued on a parity with revenue bonds being issued
and sold.
The metropolitan council may include in the principal amount of any
such revenue bond issue an amount to establish necessary reserves, an
amount for working capital and an amount necessary for interest during
the period of construction of any such metropolitan facilities plus six
months. The metropolitan council may, if it deems it to the best
interest of the metropolitan municipal corporation, provide in any
contract for the construction or acquisition of any metropolitan
facilities or additions or improvements thereto or replacements or
extensions thereof that payment therefor shall be made only in such
revenue bonds at the par value thereof.
If the metropolitan municipal corporation shall fail to carry out
or perform any of its obligations or covenants made in the
authorization, issuance and sale of such bonds, the owner of any such
bond may bring action against the metropolitan municipal corporation
and compel the performance of any or all of such covenants.
(2) Notwithstanding subsection (1) of this section, such bonds may
be issued and sold in accordance with chapter 39.46 RCW.
Sec. 2111 RCW 35.58.530 and 1993 c 240 s 18 are each amended to
read as follows:
Territory located within a component county that is annexed to a
component city after the establishment of a metropolitan municipal
corporation shall by such act be annexed to the metropolitan municipal
corporation. Territory within a metropolitan municipal corporation may
be annexed to a city which is not within such metropolitan municipal
corporation in the manner provided by law and in such event either (1)
such city may be annexed to such metropolitan municipal corporation by
ordinance of the legislative body of the city concurred in by
resolution of the metropolitan council, or (2) if such city shall not
be so annexed such territory shall remain within the metropolitan
municipal corporation unless such city shall by resolution of its
legislative body request the withdrawal of such territory subject to
any outstanding indebtedness of the metropolitan corporation and the
metropolitan council shall by resolution consent to such withdrawal.
Any territory located within a component county that is contiguous
to a metropolitan municipal corporation and lying wholly within an
incorporated city or town may be annexed to such metropolitan municipal
corporation by ordinance of the legislative body of such city or town
requesting such annexation concurred in by resolution of the
metropolitan council.
Any other territory located within a component county that is
adjacent to a metropolitan municipal corporation may be annexed thereto
by vote of the qualified electors residing in the territory to be
annexed, in the manner provided in this chapter. An election to annex
such territory may be called pursuant to a petition or resolution in
the following manner:
(1) A petition calling for such an election shall be signed by at
least four percent of the qualified voters residing within the
territory to be annexed and shall be filed with the auditor of the
central county.
(2) A resolution calling for such an election may be adopted by the
metropolitan council.
Any resolution or petition calling for such an election shall
describe the boundaries of the territory to be annexed, and state that
the annexation of such territory to the metropolitan municipal
corporation will be conducive to the welfare and benefit of the persons
or property within the metropolitan municipal corporation and within
the territory proposed to be annexed.
Upon receipt of such a petition, the auditor shall examine the same
and certify to the sufficiency of the signatures thereon. Within
thirty days following the receipt of such petition, the auditor shall
transmit the same to the metropolitan council, together with his or her
certificate as to the sufficiency thereof.
Sec. 2112 RCW 35.61.230 and 1965 c 7 s 35.61.230 are each amended
to read as follows:
Any person, firm or corporation feeling aggrieved by the assessment
against his or her or its property may file objections with the city
council and may appeal from the order confirming the assessment roll in
the same manner as objections and appeals are made in regard to local
improvements in cities of the first class.
Sec. 2113 RCW 35.63.020 and 1965 c 7 s 35.63.020 are each amended
to read as follows:
If any council or board desires to avail itself of the powers
conferred by this chapter it shall create a city or county planning
commission consisting of from three to twelve members to be appointed
by the mayor or ((chairman)) chair of the municipality and confirmed by
the council or board: PROVIDED, That in cities of the first class
having a commission form of government consisting of three or more
members, the commissioner of public works shall appoint the planning
commission, which appointment shall be confirmed by a majority of the
city commissioners. Cities of the first class operating under self-government charters may extend the membership and the duties and powers
of its commission beyond those prescribed in this chapter.
Sec. 2114 RCW 35.63.030 and 1965 c 7 s 35.63.030 are each amended
to read as follows:
The ordinance, resolution or act creating the commission shall set
forth the number of members to be appointed, not more than one-third of
which number may be ex officio members by virtue of office held in any
municipality. The term of office for ex officio members shall
correspond to their respective tenures. The term of office for the
first appointive members appointed to such commission shall be
designated from one to six years in such manner as to provide that the
fewest possible terms will expire in any one year. Thereafter the term
of office for each appointive member shall be six years.
Vacancies occurring otherwise than through the expiration of terms
shall be filled for the unexpired term. Members may be removed, after
public hearing, by the appointing official, with the approval of his or
her council or board, for inefficiency, neglect of duty or malfeasance
in office.
The members shall be selected without respect to political
affiliations and they shall serve without compensation.
Sec. 2115 RCW 35.63.040 and 1965 c 7 s 35.63.040 are each amended
to read as follows:
The commission shall elect its own ((chairman)) chair and create
and fill such other offices as it may determine it requires. The
commission shall hold at least one regular meeting in each month for
not less than nine months in each year. It shall adopt rules for
transaction of business and shall keep a written record of its
meetings, resolutions, transactions, findings and determinations which
record shall be a public record.
Sec. 2116 RCW 35.63.100 and 1967 ex.s. c 144 s 8 are each amended
to read as follows:
The commission may recommend to its council or board the plan
prepared by it as a whole, or may recommend parts of the plan by
successive recommendations; the parts corresponding with geographic or
political sections, division or subdivisions of the municipality, or
with functional subdivisions of the subject matter of the plan, or in
the case of counties, with suburban settlement or arterial highway
area. It may also prepare and recommend any amendment or extension
thereof or addition thereto.
Before the recommendation of the initial plan to the municipality
the commission shall hold at least one public hearing thereon, giving
notice of the time and place by one publication in a newspaper of
general circulation in the municipality and in the official gazette, if
any, of the municipality.
The council may adopt by resolution or ordinance and the board may
adopt by resolution the plan recommended to it by the commission, or
any part of the plan, as the comprehensive plan.
A true copy of the resolution of the board adopting or embodying
such plan or any part thereof or any amendment thereto shall be
certified by the clerk of the board and filed with the county auditor.
A like certified copy of any map or plat referred to or adopted by the
county resolution shall likewise be filed with the county auditor. The
auditor shall record the resolution and keep on file the map or plat.
The original resolution or ordinance of the council adopting or
embodying such plan or any part thereof or any amendment thereto shall
be certified by the clerk of the city and filed by him or her. The
original of any map or plat referred to or adopted by the resolution or
ordinance of the council shall likewise be certified by the clerk of
the city and filed by him or her. The clerk shall keep on file the
resolution or ordinance and map or plat.
Sec. 2117 RCW 35.68.020 and 1965 c 7 s 35.68.020 are each amended
to read as follows:
No such improvement shall be undertaken or required except pursuant
to a resolution of the council or commission of the city or town,
hereinafter referred to as the city council. The resolution shall
state whether the cost of the improvement shall be borne by the city or
whether all or a specified portion shall be borne by the city or
whether all or a specified portion shall be borne by the abutting
property owner; or whether the abutting owner is required to construct
the improvement at his or her own cost and expense. If the abutting
owner is required to construct the improvement the resolution shall
specify the time within which the construction shall be commenced and
completed; and further that if the improvement or construction is not
undertaken and completed within the time specified that the city will
perform or complete the improvement and assess the cost against the
abutting owner.
Sec. 2118 RCW 35.69.030 and 1965 c 7 s 35.69.030 are each amended
to read as follows:
Whenever the city council of any such city has adopted such
resolution it shall cause a notice to be served on the owner of the
property directly abutting on such portion of such street, instructing
him or her to construct or reconstruct a sidewalk on such portion in
accordance with the plans and specifications which shall be attached to
such notice. The notice shall be deemed sufficiently served if
delivered in person to the owner or if left at the home of such owner
with a person of suitable age and discretion then resident therein, or
with an agent of such owner, authorized to collect rentals on such
property, or, if the owner is a nonresident of the state of Washington,
by mailing a copy to his or her last known address, or if he or she is
unknown or if his or her address is unknown, then by posting a copy in
a conspicuous place at such portion of the street where the improvement
is to be made. The notice shall specify a reasonable time within which
such construction or reconstruction shall be made, and shall state that
in case the owner fails to make the same within such time, the city
will proceed to make it through the officer or department thereof
charged with the inspection of sidewalks and that such officer or
department will report to the city council, at a subsequent date, to be
definitely stated in the notice, an assessment roll showing the lot or
parcel of land directly abutting on such portion of the street so
improved, the cost of the improvement, and the name of the owner, if
known, and that the city council at the time stated in the notice or at
the time or times to which the same may be adjourned, will hear any and
all protests against the proposed assessment. Upon the expiration of
the time fixed within which the owner is required to construct or
reconstruct such sidewalk, if the owner has failed to perform such
work, the city may proceed to perform it, and the officer or department
of the city performing the work shall, within the time fixed in the
notice, report to the city council an assessment roll showing the lot
or parcel of land directly abutting on that portion of the street so
improved, the cost of the work, and the name of the owner, if known.
The city council shall, at the time in such notice designated, or at an
adjourned time or times, assess the cost of such improvement against
said property and shall fix the time and manner for payment thereof,
which said assessment shall become a lien upon said property and shall
be collected in the manner as is provided by law for collection of
local improvements assessments under this title.
Sec. 2119 RCW 35.70.030 and 1965 c 7 s 35.70.030 are each amended
to read as follows:
If in the judgment of the officer or department having
superintendence of streets and public places, public convenience or
safety requires that a sidewalk be constructed along either side of any
street, he or she shall report the fact to the city or town council
immediately.
Sec. 2120 RCW 35.70.040 and 1965 c 7 s 35.70.040 are each amended
to read as follows:
If upon receiving a report from the proper officer, the city or
town council deems the construction of the proposed sidewalk necessary
or convenient for the public it shall by an appropriate resolution
order the sidewalk constructed and shall cause a written notice to be
served upon the owner of each parcel of land abutting upon that portion
and side of the street where the sidewalk is constructed requiring him
or her to construct the sidewalk in accordance with the resolution.
Sec. 2121 RCW 35.70.060 and 1985 c 469 s 36 are each amended to
read as follows:
The notice shall be served:
(1) By delivering a copy to the owner or reputed owner of each
parcel of land affected, or to the authorized agent of the owners, or
(2) By leaving a copy thereof at the usual place of abode of the
owner in the city or town with a person of suitable age and discretion
residing therein, or
(3) If the owner is a nonresident of the city or town and his or
her place of residence is known by mailing a copy to the owner
addressed to his or her last known place of residence, or
(4) If the place of residence of the owner is unknown or if the
owner of any parcel of land affected is unknown, by publication in the
official newspaper of the city or town once a week for two consecutive
weeks. The notice shall specify a reasonable time within which the
sidewalk shall be constructed which in the case of publication of the
notice shall not be less than sixty days from the date of the first
publication of such notice.
Sec. 2122 RCW 35.71.050 and 1965 c 7 s 35.71.050 are each amended
to read as follows:
The corporate authority is authorized to engage duly qualified real
estate appraisers, for the purpose of determining the value, or legal
damages, if any, to any person, owning or having any legal or equitable
interest in any real property who contends that he or she would suffer
damage if a projected mall were established; in connection therewith
the city shall take into account any increment in value that may result
from the establishment of the mall. The appraisers shall submit their
findings in writing to the chief executive of the city.
Sec. 2123 RCW 35.77.030 and 1965 c 7 s 35.77.030 are each amended
to read as follows:
Pursuant to an agreement authorized by RCW 35.77.020, the board of
county commissioners may expend funds from the county road fund for the
construction, repair, and maintenance of the streets of such city or
town and for engineering and administrative services. Payments by a
city or town under such an agreement shall be made to the county
treasurer and by him or her deposited in the county road fund. Such
construction, repair, maintenance, and engineering service shall be
ordered by resolution and proceedings conducted in respect thereto in
the same manner as provided for the construction, repair, and
maintenance of county roads by counties, and for the preparation of
maps, plans and specifications, advertising and award of contracts
therefor: PROVIDED, That except in case of emergency all construction
work performed by a county on city streets pursuant to RCW 35.77.020
through 35.77.040, which exceeds ten thousand dollars, shall be done by
contract, unless after advertisement and solicitation of competitive
bids it appears that bids are unobtainable or that the lowest bid
exceeds the amount for which such construction can be done by means
other than contract. No street construction project shall be divided
into lesser component parts for the purpose of avoiding the
requirements for competitive bidding.
Sec. 2124 RCW 35.82.050 and 1998 c 140 s 3 are each amended to
read as follows:
(1) No commissioner, employee, or appointee to any decision-making
body for the housing authority shall own or hold an interest in any
contract or property or engage in any business, transaction, or
professional or personal activity, that would:
(a) Be, or appear to be, in conflict with the commissioner's,
employee's, or appointee's official duties to any decision-making body
for the housing authority duties relating to the housing authority
served by or subject to the authority of such commissioner, employee,
or appointee to any decision-making body for the housing authority;
(b) Secure, or appear to secure, unwarranted privileges or
advantages for such commissioner, employee, or appointee to any
decision-making body for the housing authority, or others; or
(c) Prejudice, or appear to prejudice, such commissioner's,
employee's, or appointee's to any decision-making body for the housing
authority independence of judgment in exercise of his or her official
duties relating to the housing authority served by or subject to the
authority of the commissioner, employee, or appointee to any decision-making body for the housing authority.
(2) No commissioner, employee, or appointee to any decision-making
body for the housing authority shall act in an official capacity in any
manner in which such commissioner, employee, or appointee to any
decision-making body of the housing authority has a direct or indirect
financial or personal involvement.
(3) No commissioner, employee, or appointee to any decision-making
body for the housing authority shall use his or her public office or
employment to secure financial gain to such commissioner, employee, or
appointee to any decision-making body for the housing authority.
(4) If any commissioner or employee of an authority or any
appointee to any decision-making body for the housing authority owns or
controls an interest direct or indirect in any property included or
planned to be included in any housing project, he or she immediately
shall disclose the same in writing to the authority and such disclosure
shall be entered upon the minutes of the authority. Failure to
disclose such interest shall constitute misconduct in office. Upon
such disclosure such commissioner, employee, or appointee to any
decision-making body for the housing authority shall not participate in
any action by the authority affecting such property.
(5) No provision of this section shall preclude a tenant of the
public housing authority from serving as a commissioner, employee, or
appointee to any decision-making body of the housing authority. No
provision of this section shall preclude a tenant of the public housing
authority who is serving as a commissioner, employee, or appointee to
any decision-making body of the housing authority from voting on any
issue or decision, or participating in any action by the authority,
unless a conflict of interest, as set forth in subsections (1) through
(4) of this section, exists as to that particular tenant and the
particular property or interest at issue before, or subject to action
by the housing authority.
Sec. 2125 RCW 35.82.060 and 1965 c 7 s 35.82.060 are each amended
to read as follows:
For inefficiency or neglect of duty or misconduct in office, a
commissioner of an authority may be removed by the mayor (or in the
case of an authority for a county, by the governing body of said
county), but a commissioner shall be removed only after he or she shall
have been given a copy of the charges at least ten days prior to the
hearing thereon and had an opportunity to be heard in person or by
counsel. In the event of the removal of any commissioner, a record of
the proceedings, together with the charges and findings thereon, shall
be filed in the office of the clerk.
Sec. 2126 RCW 35.82.180 and 1965 c 7 s 35.82.180 are each amended
to read as follows:
An authority shall have power by its resolution, trust indenture,
mortgage, lease or other contract to confer upon any obligee holding or
representing a specified amount in bonds, or holding a lease, the right
(in addition to all rights that may otherwise be conferred), upon the
happening of an event of default as defined in such resolution or
instrument, by suit, action or proceeding in any court of competent
jurisdiction:
(1) To cause possession of any housing project or any part thereof
to be surrendered to any such obligee.
(2) To obtain the appointment of a receiver of any housing project
of said authority or any part thereof and of the rents and profits
therefrom. If such receiver be appointed, he or she may enter and take
possession of such housing project or any part thereof and operate and
maintain same, and collect and receive all fees, rents, revenues, or
other charges thereafter arising therefrom, and shall keep such moneys
in a separate account or accounts and apply the same in accordance with
the obligations of said authority as the court shall direct.
(3) To require said authority and the commissioners thereof to
account as if it and they were the trustees of an express trust.
Sec. 2127 RCW 35.84.050 and 1965 c 7 s 35.84.050 are each amended
to read as follows:
Whenever a ((fireman)) firefighter engages in any duty outside the
limits of such municipality, such duty shall be considered as part of
his or her duty as ((fireman)) firefighter for the municipality, and a
((fireman)) firefighter who is injured while engaged in such duties
outside the limits of the municipality shall be entitled to the same
benefits that he or she or his or her family would be entitled to
receive had he or she been injured within the municipality.
Sec. 2128 RCW 35.86A.060 and 1969 ex.s. c 204 s 6 are each
amended to read as follows:
The parking commission shall select from its members a ((chairman))
chair, and may establish its own rules, regulations and procedures not
inconsistent with this chapter. No resolution shall be adopted by the
parking commission except upon the concurrence of at least three
members.
Sec. 2129 RCW 35.88.050 and 1965 c 7 s 35.88.050 are each amended
to read as follows:
If upon the trial of any person for the violation of any of the
provisions of this chapter he or she is found guilty of creating or
maintaining a nuisance or of violating any of the provisions of this
chapter, he or she shall forthwith abate the nuisance, and if he or she
fails so to do within one day after such conviction, unless further
time is granted by the court, a warrant shall be issued by the court
wherein the conviction was obtained, directed to the sheriff of the
county in which such nuisance exists and the sheriff shall forthwith
proceed to abate the said nuisance and the cost thereof shall be taxed
against the person so convicted as a part of the costs of such case.
Sec. 2130 RCW 35.88.060 and 1965 c 7 s 35.88.060 are each amended
to read as follows:
The city health officer, city physician, board of public health,
mayor, or any other officer, who has the sanitary condition of the city
or town in charge, shall see that the provisions of this chapter are
enforced and upon complaint being made to any such officer of an
alleged violation, he or she shall immediately investigate the said
complaint and if the same appears to be well founded he or she shall
file a complaint against the person or persons violating any of the
provisions of this chapter and cause their arrest and prosecution.
Sec. 2131 RCW 35.88.090 and 1979 c 141 s 41 are each amended to
read as follows:
The secretary of social and health services shall have the power,
and it shall be his or her duty, to investigate the system of disposal
of sewage, garbage, feculent matter, offal, refuse, filth, or any
animal, mineral, or vegetable matter or substance, by cities not
located on tidewater, having a population of one hundred thousand or
more, and if he or she shall determine upon investigation that any such
system or systems of disposal is or may be injurious or dangerous to
health, he or she shall have the power, and it shall be his or she
duty, to order such city or cities to provide for, construct, and
maintain a system or systems of disposal which will not be injurious or
dangerous to health.
Sec. 2132 RCW 35.92.260 and 1965 c 130 s 3 are each amended to
read as follows:
When a city or town makes local improvements for any of the
purposes specified in RCW 35.92.220 and RCW 35.92.230, as now or
hereafter amended, the proceedings relative to the creation of
districts, financing of improvements, levying and collecting
assessments and all other procedure shall be had, and the legislative
authority shall proceed in accordance with the provisions of the laws
relating to local improvement districts in cities of the first class:
PROVIDED, That when the improvement is initiated upon petition, the
petition shall set forth the fact that the signers are the owners
according to the records in the office of the county auditor, of
property to an aggregate amount of a majority of the surface area
within the limits of the assessment district to be created: PROVIDED
FURTHER, That when an assessment is made for any purpose other than the
construction or reconstruction of any system or means of distribution
or delivery of water, it shall not be necessary for the legislative
authority to be furnished with a statement of the aggregate assessed
valuation of the real estate exclusive of improvements in the district
according to the valuation last placed upon it for purposes of general
taxation, or the estimated amount of the cost of the improvement to be
borne by each tract of land or other property, but a statement by the
engineer or other officer, showing the estimated cost of the
improvement per square foot, shall be sufficient: PROVIDED FURTHER,
That when the legislative authority of a city or town shall deem it
necessary to levy special assessments for the purposes specified in RCW
35.92.230, as now or hereafter amended, other than for the purpose of
paying the costs of acquiring, constructing or reconstructing any
system or means of distribution or delivery of water for irrigation or
domestic purposes, the legislative authority for such city or town may
hold a single hearing on the assessment rolls for all irrigation local
improvement districts within the city or town. Such legislative
authority shall fix the date of such hearing and shall direct the city
or town clerk to give notice thereof, in the form prescribed by RCW
35.44.080, by publication thereof in a legal newspaper of general
circulation in the city or town, once, not less than fifteen days prior
to the date fixed for hearing; and by mailing, not less than fifteen
days prior to the date fixed for hearing, notice thereof to the owner
or reputed owner of each item of property described on the assessment
roll whose name appears on such roll at the address of such owner or
reputed owner shown on the tax rolls of the county treasurer for each
such item of property: PROVIDED FURTHER, That when an assessment roll
is once prepared and does not include the cost of purchase,
construction, or reconstruction of works of delivery or distribution
and the legislative authority of such city or town decides to raise a
similar amount the ensuing year, it shall not be necessary to prepare
a new assessment roll, but the legislative authority may pass a
resolution of intention estimating the cost for the ensuing year to be
the same as the preceding year, and directing the clerk to give notice
stating the estimated cost per square foot of all land within the
district and refer persons interested to the books of the treasurer,
and fixing the date for a hearing on such assessment roll. Notice of
such hearing shall be given by the city or town clerk in the form and
manner required in the preceding proviso. The treasurer shall be
present at the hearing and shall note any changes on his or her books.
The legislative authority shall have the same right to make changes in
the assessment roll as in an original assessment, and after all changes
have been made it shall, by ordinance, confirm the assessment and
direct the treasurer to extend it on the books of his or her office.
Sec. 2133 RCW 35.94.020 and 1985 c 469 s 40 are each amended to
read as follows:
The legislative authority of the city, if it deems it advisable to
lease or sell the works, plant, or system, or any part thereof, shall
adopt a resolution stating whether it desires to lease or sell. If it
desires to lease, the resolution shall state the general terms and
conditions of the lease, but not the rent. If it desires to sell the
general terms of sale shall be stated, but not the price. The
resolution shall direct the city clerk, or other proper official, to
publish the resolution not less than once a week for four weeks in the
official newspaper of the city, together with a notice calling for
sealed bids to be filed with the clerk or other proper official not
later than a certain time, accompanied by a certified check payable to
the order of the city, for such amount as the resolution shall require,
or a deposit of a like sum in money. Each bid shall state that the
bidder agrees that if his or her bid is accepted and he or she fails to
comply therewith within the time hereinafter specified, the check or
deposit shall be forfeited to the city. If bids for a lease are called
for, bidders shall bid the amount to be paid as the rent for each year
of the term of the lease. If bids for a sale are called for, the bids
shall state the price offered. The legislative authority of the city
may reject any or all bids and accept any bid which it deems best. At
the first meeting of the legislative authority of the city held after
the expiration of the time fixed for receiving bids, or at some later
meeting, the bids shall be considered. In order for the legislative
authority to declare it advisable to accept any bid it shall be
necessary for two-thirds of all the members elected to the legislative
authority to vote in favor of a resolution making the declaration. If
the resolution is adopted it shall be necessary, in order that the bid
be accepted, to enact an ordinance accepting it and directing the
execution of a lease or conveyance by the mayor and city clerk or other
proper official. The ordinance shall not take effect until it has been
submitted to the voters of the city for their approval or rejection at
the next general election or at a special election called for that
purpose, and a majority of the voters voting thereon have approved it.
If approved it shall take effect as soon as the result of the vote is
proclaimed by the mayor. If it is so submitted and fails of approval,
it shall be rejected and annulled. The mayor shall proclaim the vote
as soon as it is properly certified.
Sec. 2134 RCW 35.94.030 and 1965 c 7 s 35.94.030 are each amended
to read as follows:
Upon the taking effect of the ordinance the mayor and the city
clerk or other proper official shall execute, in the name and on behalf
of the city, the lease or conveyance directed thereby. The lessee or
grantee shall accept and execute the instrument within ten days after
notice of its execution by the city or forfeit to the city, the amount
of the check or deposit accompanying his or her bid: PROVIDED, That if
litigation in good faith is instituted within ten days to determine the
rights of the parties, no forfeiture shall take place unless the lessee
or grantee fails for five days after the termination of the litigation
in favor of the city to accept and execute the lease or conveyance.
Sec. 2135 RCW 35.96.050 and 1967 c 119 s 6 are each amended to
read as follows:
When service from the underground electric and communication
facilities is available in all or part of a conversion area, the city
or town shall mail a notice to the owners of all structures or
improvements served from the existing overhead facilities in the area,
which notice shall state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from the existing
overhead facilities within the area to any structure or improvement
must be disconnected and removed within ninety days after the date of
the mailing of the notice;
(3) Should such owner fail to convert such service lines from
overhead to underground within ninety days after the date of the
mailing of the notice, the city or town will order the electric and
communication utilities to disconnect and remove the service lines;
(4) Should the owner object to the disconnection and removal of the
service lines he or she may file his or her written objections thereto
with the city or town clerk within thirty days after the date of the
mailing of the notice and failure to so object within such time will
constitute a waiver of his or her right thereafter to object to such
disconnection and removal.
If the owner of any structure or improvement served from the
existing overhead electric and communication facilities within a
conversion area shall fail to convert to underground the service lines
from such overhead facilities to such structure or improvement within
ninety days after the mailing to him or her of the notice, the city or
town shall order the electric and communication utilities to disconnect
and remove all such service lines: PROVIDED, That if the owner has
filed his or her written objections to such disconnection and removal
with the city or town clerk within thirty days after the mailing of the
notice then the city or town shall not order such disconnection and
removal until after the hearing on such objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the legislative
authority of such city or town, or a committee thereof, shall conduct
a hearing to determine whether the removal of all or any part of the
service lines is in the public benefit. The hearing shall be held at
such time as the legislative authority of such city or town may
establish for hearings on the objections and shall be held in
accordance with the regularly established procedure set by the
legislative authority of the city or town. If the hearing is before a
committee, the committee shall following the hearing report its
recommendation to the legislative authority of the city or town for
final action. The determination reached by the legislative authority
shall be final in the absence of an abuse of discretion.
Sec. 3001 RCW 35A.02.055 and 1979 ex.s. c 18 s 8 are each amended
to read as follows:
Where a city elects to become a noncharter code city under one of
the optional plans of government provided in Title 35A RCW for code
cities which involves the same general plan of government as that under
which the city operated prior to the choice and where with the change
in classification the number of ((councilmanic)) council positions in
a city remains the same or increases from five to seven, the procedures
for the first election of officers which appear in RCW 35A.02.050 shall
not be followed. When membership in a city council remains the same or
is increased upon becoming a noncharter code city, the terms of
incumbent councilmembers shall not be affected. If the number of
councilmembers is increased from five to seven, the city council shall,
by majority vote, pursuant to RCW 35A.12.050 and 35A.13.020, appoint
two persons to serve in these offices until the next municipal general
election, at which election one person shall be elected for a two-year
term and one person shall be elected for a four-year term.
A first election of all officers upon a change in classification to
a noncharter code city is also not required where the change in
classification otherwise retains the same general or specific plan of
government and where the change in classification results in a decrease
in the number of ((councilmanic)) council positions in a city.
If the membership in a city council is decreased from seven to five
members upon adopting the classification of noncharter code city, this
decrease in the number of councilmembers shall be determined in the
following manner: The councilmembers shall determine by lot which two
((councilmanic)) council positions shall be eliminated upon the
expiration of their terms of office. The terms of the remaining
councilmembers shall not be affected.
Sec. 3002 RCW 35A.08.020 and 1979 c 151 s 32 are each amended to
read as follows:
For the purposes of this chapter, the population of a city shall be
the number of residents shown by the figures released for the most
recent official state or federal census, by a population determination
made under the direction of the office of financial management, or by
a city census conducted in the following manner:
(1) The legislative authority of any such city may provide by
ordinance for the appointment by the mayor thereof, of such number of
persons as may be designated in the ordinance to make an enumeration of
all persons residing within the corporate limits of the city. The
enumerators so appointed, before entering upon their duties, shall take
an oath for the faithful performance thereof and within five days after
their appointment proceed, within their respective districts, to make
an enumeration of all persons residing therein, with their names and
places of residence.
(2) Immediately upon the completion of the enumeration, the
enumerators shall make return thereof upon oath to the legislative
authority of the city, who at its next meeting or as soon thereafter as
practicable, shall canvass and certify the returns.
(3) If it appears therefrom that the whole number of persons
residing within the corporate limits of the city is ten thousand or
more, the mayor and clerk under the corporate seal of the city shall
certify the number so ascertained to the secretary of state, who shall
file it in his or her office. This certificate when so filed shall be
conclusive evidence of the population of the city.
Sec. 3003 RCW 35A.08.040 and 1990 c 259 s 7 are each amended to
read as follows:
The election on the question whether to adopt a charter and become
a charter code city and the nomination and election of the members of
the charter commission shall be conducted, and the result declared,
according to the laws regulating and controlling elections in the city.
Candidates for election to the charter commission must be nominated by
petition signed by ten registered voters of the city and residents
therein for a period of at least two years preceding the election. A
nominating petition shall be filed within the time allowed for filing
declarations of candidacy and shall be verified by an affidavit of one
or more of the signers to the effect that the affiant believes that the
candidate and all of the signers are registered voters of the city and
he or she signed the petition in good faith for the purpose of
endorsing the person named therein for election to the charter
commission. A written acceptance of the nomination by the nominee
shall be affixed to the petition when filed with the county auditor.
Nominating petitions need not be in the form prescribed in RCW
35A.01.040. Any nominee may withdraw his or her nomination by a
written statement of withdrawal filed at any time not later than five
days before the last day allowed for filing nominations. The positions
on the charter commission shall be designated by consecutive numbers
one through fifteen, and the positions so designated shall be
considered as separate offices for all election purposes. A nomination
shall be made for a specific numbered position.
Sec. 3004 RCW 35A.08.050 and 1967 ex.s. c 119 s 35A.08.050 are
each amended to read as follows:
Within ten days after its election the charter commission shall
hold its first meeting, elect one of the members as ((chairman)) chair,
and adopt such rules for the conduct of its business as it may deem
advisable. In the event of a vacancy in the charter commission, the
remaining members shall fill it by appointment thereto of some properly
qualified person. A majority shall constitute a quorum for transaction
of business but final charter recommendations shall require a majority
vote of the whole membership of the commission. The commission shall
study the plan of government of the city, compare it with other
available plans of government, and determine whether, in its judgment,
the government of the city could be strengthened, made more responsive
or accountable to the people, or whether its operation could be made
more economical or more efficient by amendment of the existing plan or
adoption of another plan of government. The commission shall consider
the plans of government described in this title but shall not be
limited to such plans in its recommendations for the government of the
city and may frame a charter for any plan it deems suitable for the
good government of the city; except that the provisions of such charter
shall not be valid if inconsistent with the Constitution of this state,
the provisions of this title, or the general laws of the state, insofar
as they are applicable to cities governed under this title.
Sec. 3005 RCW 35A.12.010 and 1997 c 361 s 6 are each amended to
read as follows:
The government of any noncharter code city or charter code city
electing to adopt the mayor-council plan of government authorized by
this chapter shall be vested in an elected mayor and an elected
council. The council of a noncharter code city having less than
twenty-five hundred inhabitants shall consist of five members; when
there are twenty-five hundred or more inhabitants, the council shall
consist of seven members. A city with a population of less than
twenty-five hundred at the time of reclassification as an optional
municipal code city may choose to maintain a seven-member council. The
decision concerning the number of councilmembers shall be made by the
council and be incorporated as a section of the ordinance adopting for
the city the classification of noncharter code city. If the population
of a city after having become a code city decreases from twenty-five
hundred or more to less than twenty-five hundred, it shall continue to
have a seven member council. If, after a city has become a mayor-council code city, its population increases to twenty-five hundred or
more inhabitants, the number of ((councilmanic)) council offices in
such city may increase from five to seven members upon the affirmative
vote of a majority of the existing council to increase the number of
((councilmanic)) council offices in the city. When the population of
a mayor-council code city having five ((councilmanic)) council offices
increases to five thousand or more inhabitants, the number of
((councilmanic)) council offices in the city shall increase from five
to seven members. In the event of an increase in the number of
((councilmanic)) council offices, the city council shall, by majority
vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these
offices until the next municipal general election, at which election
one person shall be elected for a two-year term and one person shall be
elected for a four-year term. The number of inhabitants shall be
determined by the most recent official state or federal census or
determination by the state office of financial management. A charter
adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for
an uneven number of councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which
has elected the mayor-council plan of government and which has seven
((councilmanic)) council offices may establish a five-member council in
accordance with the following procedure. At least six months prior to
a municipal general election, the city council shall adopt an ordinance
providing for reduction in the number of ((councilmanic)) council
offices to five. The ordinance shall specify which two
((councilmanic)) council offices, the terms of which expire at the next
general election, are to be terminated. The ordinance shall provide
for the renumbering of council positions and shall also provide for a
two-year extension of the term of office of a retained ((councilmanic))
council office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject
to the laws applicable to that old plan of government.
Sec. 3006 RCW 35A.12.030 and 1979 ex.s. c 18 s 20 are each
amended to read as follows:
No person shall be eligible to hold elective office under the
mayor-council plan unless the person is a registered voter of the city
at the time of filing his or her declaration of candidacy and has been
a resident of the city for a period of at least one year next preceding
his or her election. Residence and voting within the limits of any
territory which has been included in, annexed to, or consolidated with
such city is construed to have been residence within the city. A mayor
or ((councilman)) councilmember shall hold within the city government
no other public office or employment except as permitted under the
provisions of chapter 42.23 RCW.
Sec. 3007 RCW 35A.12.065 and 1967 ex.s. c 119 s 35A.12.065 are
each amended to read as follows:
Biennially at the first meeting of a new council, or periodically,
the members thereof, by majority vote, may designate one of their
number as mayor pro tempore or deputy mayor for such period as the
council may specify, to serve in the absence or temporary disability of
the mayor; or, in lieu thereof, the council may, as the need may arise,
appoint any qualified person to serve as mayor pro tempore in the
absence or temporary disability of the mayor. In the event of the
extended excused absence or disability of a ((councilman))
councilmember, the remaining members by majority vote may appoint a
((councilman)) councilmember pro tempore to serve during the absence or
disability.
Sec. 3008 RCW 35A.12.070 and 1971 ex.s. c 251 s 5 are each
amended to read as follows:
The salaries of the mayor and the ((councilmen)) councilmembers
shall be fixed by ordinance and may be revised from time to time by
ordinance, but any increase in the compensation attaching to an office
shall not be applicable to the term then being served by the incumbent
if such incumbent is a member of the city legislative body fixing his
or her own compensation or as mayor in a mayor-council code city casts
a tie-breaking vote relating to such ordinance: PROVIDED, That if the
mayor of such a city does not cast such a vote, his or her salary may
be increased during his or her term of office.
Until the first elective officers under this mayor-council plan of
government may lawfully be paid the compensation provided by such
salary ordinance, such officers shall be entitled to be compensated in
the same manner and in the same amount as the compensation paid to
officers of such city performing comparable services immediately prior
to adoption of this mayor-council plan.
Until a salary ordinance can be passed and become effective as to
elective officers of a newly incorporated code city, such first
officers shall be entitled to compensation as follows: In cities
having less than five thousand inhabitants, the mayor shall be entitled
to a salary of one hundred and fifty dollars per calendar month and a
((councilman)) councilmember shall be entitled to twenty dollars per
meeting for not more than two meetings per month; in cities having more
than five thousand but less than fifteen thousand inhabitants, the
mayor shall be entitled to a salary of three hundred and fifty dollars
per calendar month and a ((councilman)) councilmember shall be entitled
to one hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants, the mayor shall be entitled to
a salary of twelve hundred and fifty dollars per calendar month and a
((councilman)) councilmember shall be entitled to four hundred dollars
per calendar month: PROVIDED, That such interim compensation shall
remain in effect only until a salary ordinance is passed and becomes
effective as to such officers, and the amounts herein provided shall
not be construed as fixing the usual salary of such officers. The
mayor and ((councilmen)) councilmembers shall receive reimbursement for
their actual and necessary expenses incurred in the performance of the
duties of their office, or the council by ordinance may provide for a
per diem allowance. Procedure for approval of claims for expenses
shall be as provided by ordinance.
Sec. 3009 RCW 35A.12.080 and 1986 c 167 s 20 are each amended to
read as follows:
Any officer before entering upon the performance of his or her
duties may be required to take an oath or affirmation as prescribed by
charter or by ordinance for the faithful performance of his or her
duties. The oath or affirmation shall be filed with the county
auditor. The clerk, treasurer, if any, chief of police, and such other
officers or employees as may be designated by ordinance or by charter
shall be required to furnish annually an official bond conditioned on
the honest and faithful performance of their official duties. The
terms and penalty of official bonds and the surety therefor shall be
prescribed by ordinance or charter and the bond shall be approved by
the chief administrative officer of the city. The premiums on such
bonds shall be paid by the city. When the furnishing of an official
bond is required of an officer or employee, compliance with such
provisions shall be an essential part of qualification for office.
Sec. 3010 RCW 35A.12.100 and 1979 ex.s. c 18 s 22 are each
amended to read as follows:
The mayor shall be the chief executive and administrative officer
of the city, in charge of all departments and employees, with authority
to designate assistants and department heads. The mayor may appoint
and remove a chief administrative officer or assistant administrative
officer, if so provided by ordinance or charter. He or she shall see
that all laws and ordinances are faithfully enforced and that law and
order is maintained in the city, and shall have general supervision of
the administration of city government and all city interests. All
official bonds and bonds of contractors with the city shall be
submitted to the mayor or such person as he or she may designate for
approval or disapproval. He or she shall see that all contracts and
agreements made with the city or for its use and benefit are faithfully
kept and performed, and to this end he or she may cause any legal
proceedings to be instituted and prosecuted in the name of the city,
subject to approval by majority vote of all members of the council.
The mayor shall preside over all meetings of the city council, when
present, but shall have a vote only in the case of a tie in the votes
of the ((councilmen)) councilmembers with respect to matters other than
the passage of any ordinance, grant, or revocation of franchise or
license, or any resolution for the payment of money. He or she shall
report to the council concerning the affairs of the city and its
financial and other needs, and shall make recommendations for council
consideration and action. He or she shall prepare and submit to the
council a proposed budget, as required by chapter 35A.33 RCW. The
mayor shall have the power to veto ordinances passed by the council and
submitted to him or her as provided in RCW 35A.12.130 but such veto may
be overridden by the vote of a majority of all councilmembers plus one
more vote. The mayor shall be the official and ceremonial head of the
city and shall represent the city on ceremonial occasions, except that
when illness or other duties prevent the mayor's attendance at an
official function and no mayor pro tempore has been appointed by the
council, a member of the council or some other suitable person may be
designated by the mayor to represent the city on such occasion.
Sec. 3011 RCW 35A.12.110 and 1993 c 199 s 3 are each amended to
read as follows:
The city council and mayor shall meet regularly, at least once a
month, at a place and at such times as may be designated by the city
council. All final actions on resolutions and ordinances must take
place within the corporate limits of the city. Special meetings may be
called by the mayor or any three members of the council by written
notice delivered to each member of the council at least twenty-four
hours before the time specified for the proposed meeting. All actions
that have heretofore been taken at special council meetings held
pursuant to this section, but for which the number of hours of notice
given has been at variance with requirements of RCW 42.30.080, are
hereby validated. All council meetings shall be open to the public
except as permitted by chapter 42.30 RCW. No ordinance or resolution
shall be passed, or contract let or entered into, or bill for the
payment of money allowed at any meeting not open to the public, nor at
any public meeting the date of which is not fixed by ordinance,
resolution, or rule, unless public notice of such meeting has been
given by such notice to each local newspaper of general circulation and
to each local radio or television station, as provided in RCW 42.30.080
as now or hereafter amended. Meetings of the council shall be presided
over by the mayor, if present, or otherwise by the mayor pro tempore,
or deputy mayor if one has been appointed, or by a member of the
council selected by a majority of the councilmembers at such meeting.
Appointment of a councilmember to preside over the meeting shall not in
any way abridge his or her right to vote on matters coming before the
council at such meeting. In the absence of the clerk, a deputy clerk
or other qualified person appointed by the clerk, the mayor, or the
council, may perform the duties of clerk at such meeting. A journal of
all proceedings shall be kept, which shall be a public record.
Sec. 3012 RCW 35A.12.120 and 1967 ex.s. c 119 s 35A.12.120 are
each amended to read as follows:
At all meetings of the council a majority of the ((councilmen))
councilmembers shall constitute a quorum for the transaction of
business, but a less number may adjourn from time to time and may
compel the attendance of absent members in such manner and under such
penalties as may be prescribed by ordinance. The council shall
determine its own rules and order of business, and may establish rules
for the conduct of council meetings and the maintenance of order. At
the desire of any member, any question shall be voted upon by roll call
and the ayes and nays shall be recorded in the journal.
The passage of any ordinance, grant or revocation of franchise or
license, and any resolution for the payment of money shall require the
affirmative vote of at least a majority of the whole membership of the
council.
Sec. 3013 RCW 35A.12.130 and 1967 ex.s. c 119 s 35A.12.130 are
each amended to read as follows:
The enacting clause of all ordinances shall be as follows: "The
city council of the city of . . . . . . do ordain as follows:" No
ordinance shall contain more than one subject and that must be clearly
expressed in its title.
No ordinance or any section or subsection thereof shall be revised
or amended unless the new ordinance sets forth the revised ordinance or
the amended section or subsection at full length.
No ordinance shall take effect until five days after the date of
its publication unless otherwise provided by statute or charter, except
that an ordinance passed by a majority plus one of the whole membership
of the council, designated therein as a public emergency ordinance
necessary for the protection of public health, public safety, public
property or the public peace, may be made effective upon adoption, but
such ordinance may not levy taxes, grant, renew, or extend a franchise,
or authorize the borrowing of money.
Every ordinance which passes the council in order to become valid
must be presented to the mayor; if he or she approves it, he or she
shall sign it, but if not, he or she shall return it with his or her
written objections to the council and the council shall cause his or
her objections to be entered at large upon the journal and proceed to
a reconsideration thereof. If upon reconsideration a majority plus one
of the whole membership, voting upon a call of ayes and nays, favor its
passage, the ordinance shall become valid notwithstanding the mayor's
veto. If the mayor fails for ten days to either approve or veto an
ordinance, it shall become valid without his or her approval.
Ordinances shall be signed by the mayor and attested by the clerk.
Sec. 3014 RCW 35A.12.150 and 1967 ex.s. c 119 s 35A.12.150 are
each amended to read as follows:
The city clerk shall authenticate by his or her signature and
record in full in a properly indexed book kept for the purpose all
ordinances and resolutions adopted by the council. Such book, or
copies of ordinances and resolutions, shall be available for inspection
by the public at reasonable times and under reasonable conditions.
Sec. 3015 RCW 35A.12.170 and 1967 ex.s. c 119 s 35A.12.170 are
each amended to read as follows:
All demands against a code city shall be presented and audited in
accordance with such regulations as may be prescribed by charter or
ordinance; and upon the allowance of a demand, the clerk shall draw a
warrant upon the treasurer for it, which warrant shall be countersigned
by the mayor, or such person as he or she may designate, and shall
specify the fund from which it is to be paid; or, payment may be made
by a bank check when authorized by the legislative body of the code
city under authority granted by RCW 35A.40.020, which check shall bear
the signatures of the officers designated by the legislative body as
required signatories of checks of such city, and shall specify the fund
from which it is to be paid.
Sec. 3016 RCW 35A.13.010 and 1994 c 223 s 35 are each amended to
read as follows:
The councilmembers shall be the only elective officers of a code
city electing to adopt the council-manager plan of government
authorized by this chapter, except where statutes provide for an
elective municipal judge. The council shall appoint an officer whose
title shall be "city manager" who shall be the chief executive officer
and head of the administrative branch of the city government. The city
manager shall be responsible to the council for the proper
administration of all affairs of the code city. The council of a
noncharter code city having less than twenty-five hundred inhabitants
shall consist of five members; when there are twenty-five hundred or
more inhabitants the council shall consist of seven members: PROVIDED,
That if the population of a city after having become a code city
decreases from twenty-five hundred or more to less than twenty-five
hundred, it shall continue to have a seven member council. If, after
a city has become a council-manager code city its population increases
to twenty-five hundred or more inhabitants, the number of
((councilmanic)) council offices in such city may increase from five to
seven members upon the affirmative vote of a majority of the existing
council to increase the number of ((councilmanic)) council offices in
the city. When the population of a council-manager code city having
five ((councilmanic)) council offices increases to five thousand or
more inhabitants, the number of ((councilmanic)) council offices in the
city shall increase from five to seven members. In the event of an
increase in the number of ((councilmanic)) council offices, the city
council shall, by majority vote, pursuant to RCW 35A.13.020, appoint
two persons to serve in these offices until the next municipal general
election, at which election one person shall be elected for a two-year
term and one person shall be elected for a four-year term. The number
of inhabitants shall be determined by the most recent official state or
federal census or determination by the state office of financial
management. A charter adopted under the provisions of this title,
incorporating the council-manager plan of government set forth in this
chapter may provide for an uneven number of councilmembers not
exceeding eleven.
A noncharter code city of less than five thousand inhabitants which
has elected the council-manager plan of government and which has seven
((councilmanic)) council offices may establish a five-member council in
accordance with the following procedure. At least six months prior to
a municipal general election, the city council shall adopt an ordinance
providing for reduction in the number of ((councilmanic)) council
offices to five. The ordinance shall specify which two
((councilmanic)) council offices, the terms of which expire at the next
general election, are to be terminated. The ordinance shall provide
for the renumbering of council positions and shall also provide for a
two-year extension of the term of office of a retained ((councilmanic))
council office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject
to the laws applicable to that old plan of government.
Sec. 3017 RCW 35A.13.020 and 1994 c 223 s 36 are each amended to
read as follows:
In council-manager code cities, eligibility for election to the
council, the manner of electing ((councilmen)) councilmembers, the
numbering of council positions, the terms of ((councilmen))
councilmembers, the occurrence and the filling of vacancies, the
grounds for forfeiture of office, and appointment of a mayor pro
tempore or deputy mayor or ((councilman)) councilmember pro tempore
shall be governed by the corresponding provisions of RCW 35A.12.030,
35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the
council of a code city organized under the mayor-council plan, except
that in council-manager cities where all council positions are at-large
positions, the city council may, pursuant to RCW 35A.13.033, provide
that the person elected to council position one shall be the council
((chairman)) chair and shall carry out the duties prescribed by RCW
35A.13.030.
Sec. 3018 RCW 35A.13.030 and 1975 1st ex.s. c 155 s 2 are each
amended to read as follows:
Biennially at the first meeting of the new council the members
thereof shall choose a ((chairman)) chair from among their number
unless the ((chairman)) chair is elected pursuant to RCW 35A.13.033.
The ((chairman)) chair of the council shall have the title of mayor and
shall preside at meetings of the council. In addition to the powers
conferred upon him or her as mayor, he or she shall continue to have
all the rights, privileges, and immunities of a member of the council.
The mayor shall be recognized as the head of the city for ceremonial
purposes and by the governor for purposes of military law. He or she
shall have no regular administrative duties, but in time of public
danger or emergency, if so authorized by ordinance, shall take command
of the police, maintain law, and enforce order.
Sec. 3019 RCW 35A.13.033 and 1975 1st ex.s. c 155 s 3 are each
amended to read as follows:
The city council of a council-manager city may by resolution place
before the voters of the city, a proposition to designate the person
elected to council position one as the ((chairman)) chair of the
council with the powers and duties set forth in RCW 35A.13.030. If a
majority of those voting on the proposition cast a positive vote, then
at all subsequent general elections at which position one is on the
ballot, the person who is elected to position one shall become the
((chairman)) chair upon taking office.
Sec. 3020 RCW 35A.13.035 and 1969 ex.s. c 81 s 1 are each amended
to read as follows:
Biennially at the first meeting of a new council, or periodically,
the members thereof, by majority vote, may designate one of their
number as mayor pro tempore or deputy mayor for such period as the
council may specify, to serve in the absence or temporary disability of
the mayor; or, in lieu thereof, the council may, as the need may arise,
appoint any qualified person to serve as mayor pro tempore in the
absence or temporary disability of the mayor. In the event of the
extended excused absence or disability of a ((councilman))
councilmember, the remaining members by majority vote may appoint a
((councilman)) councilmember pro tempore to serve during the absence or
disability.
Sec. 3021 RCW 35A.13.040 and 1979 ex.s. c 18 s 25 are each
amended to read as follows:
The salaries of the ((councilmen)) councilmembers, including the
mayor, shall be fixed by ordinance and may be revised from time to time
by ordinance, but any increase or reduction in the compensation
attaching to an office shall not become effective until the expiration
of the term then being served by the incumbent: PROVIDED, That
compensation of ((councilmen)) councilmembers may not be increased or
diminished after their election nor may the compensation of the mayor
be increased or diminished after the mayor has been chosen by the
council.
Until ((councilmen)) councilmembers of a newly organized council-manager code city may lawfully be paid as provided by salary ordinance,
such ((councilmen)) councilmembers shall be entitled to compensation in
the same manner and in the same amount as ((councilmen)) councilmembers
of such city prior to the adoption of this council-manager plan.
Until a salary ordinance can be passed and become effective as to
elective officers of a newly incorporated code city, the first
((councilmen)) councilmembers shall be entitled to compensation as
follows: In cities having less than five thousand inhabitants -- twenty
dollars per meeting for not more than two meetings per month; in cities
having more than five thousand but less than fifteen thousand
inhabitants -- a salary of one hundred and fifty dollars per calendar
month; in cities having more than fifteen thousand inhabitants -- a
salary of four hundred dollars per calendar month. A ((councilman))
councilmember who is occupying the position of mayor, in addition to
his or her salary as a ((councilman)) councilmember, shall be entitled,
while serving as mayor, to an additional amount per calendar month, or
portion thereof, equal to twenty-five percent of the ((councilmanic))
councilmember salary: PROVIDED, That such interim compensation shall
remain in effect only until a salary ordinance is passed and becomes
effective as to such officers, and the compensation provided herein
shall not be construed as fixing the usual compensation of such
officers. ((Councilmen)) Councilmembers shall receive reimbursement
for their actual and necessary expenses incurred in the performance of
the duties of their office, or the council by ordinance may provide for
a per diem allowance. Procedure for approval of claims for expenses
shall be as provided by ordinance.
Sec. 3022 RCW 35A.13.050 and 1967 ex.s. c 119 s 35A.13.050 are
each amended to read as follows:
The city manager need not be a resident at the time of his or her
appointment, but shall reside in the code city after his or her
appointment unless such residence is waived by the council. He or she
shall be chosen by the council solely on the basis of his or her
executive and administrative qualifications with special reference to
his or her actual experience in, or his or her knowledge of, accepted
practice in respect to the duties of his or her office. No person
elected to membership on the council shall be eligible for appointment
as city manager until one year has elapsed following the expiration of
the term for which he or she was elected.
Sec. 3023 RCW 35A.13.060 and 1967 ex.s. c 119 s 35A.13.060 are
each amended to read as follows:
Whether the city manager shall devote his or her full time to the
affairs of one code city shall be determined by the council. A city
manager may serve two or more cities in that capacity at the same time.
Sec. 3024 RCW 35A.13.070 and 1967 ex.s. c 119 s 35A.13.070 are
each amended to read as follows:
Before entering upon the duties of his or her office the city
manager shall take an oath or affirmation for the faithful performance
of his or her duties and shall execute and file with the clerk of the
council a bond in favor of the code city in such sum as may be fixed by
the council. The premium on such bond shall be paid by the city.
Sec. 3025 RCW 35A.13.080 and 1987 c 3 s 17 are each amended to
read as follows:
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of
the code city;
(2) To appoint and remove at any time all department heads,
officers, and employees of the code city, except members of the
council, and subject to the provisions of any applicable law, rule, or
regulation relating to civil service: PROVIDED, That the council may
provide for the appointment by the mayor, subject to confirmation by
the council, of a city planning commission, and other advisory
citizens' committees, commissions, and boards advisory to the city
council: PROVIDED FURTHER, That if the municipal judge of the code
city is appointed, such appointment shall be made by the city manager
subject to confirmation by the council, for a four year term. The
council may cause an audit to be made of any department or office of
the code city government and may select the persons to make it, without
the advice or consent of the city manager;
(3) To attend all meetings of the council at which his or her
attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed,
subject to the authority which the council may grant the mayor to
maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he or
she may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be
required by that body or as he or she may deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of
the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the
fiscal year, as required by chapter 35A.33 RCW, and to be responsible
for its administration upon adoption;
(9) To perform such other duties as the council may determine by
ordinance or resolution.
Sec. 3026 RCW 35A.13.100 and 1967 ex.s. c 119 s 35A.13.100 are
each amended to read as follows:
The city manager may authorize the head of a department or office
responsible to him or her to appoint and remove subordinates in such
department or office. Any officer or employee who may be appointed by
the city manager, or by the head of a department or office, except one
who holds his or her position subject to civil service, may be removed
by the manager or other such appointing officer at any time subject to
any applicable law, rule, or regulation relating to civil service.
Subject to the provisions of RCW 35A.13.080 and any applicable civil
service provisions, the decision of the manager or other appointing
officer, shall be final and there shall be no appeal therefrom to any
other office, body, or court whatsoever.
Sec. 3027 RCW 35A.13.120 and 1967 ex.s. c 119 s 35A.13.120 are
each amended to read as follows:
Neither the council, nor any of its committees or members, shall
direct the appointment of any person to, or his or her removal from,
office by the city manager or any of his or her subordinates. Except
for the purpose of inquiry, the council and its members shall deal with
the administrative service solely through the manager and neither the
council nor any committee or member thereof shall give orders to any
subordinate of the city manager, either publicly or privately. The
provisions of this section do not prohibit the council, while in open
session, from fully and freely discussing with the city manager
anything pertaining to appointments and removals of city officers and
employees and city affairs.
Sec. 3028 RCW 35A.13.130 and 1967 ex.s. c 119 s 35A.13.130 are
each amended to read as follows:
The city manager shall be appointed for an indefinite term and may
be removed by a majority vote of the council. At least thirty days
before the effective date of his or her removal, the city manager must
be furnished with a formal statement in the form of a resolution passed
by a majority vote of the city council stating the council's intention
to remove him or her and the reasons therefor. Upon passage of the
resolution stating the council's intention to remove the manager, the
council by a similar vote may suspend him or her from duty, but his or
her pay shall continue until his or her removal becomes effective.
Sec. 3029 RCW 35A.13.140 and 1967 ex.s. c 119 s 35A.13.140 are
each amended to read as follows:
The city manager may, within thirty days from the date of service
upon him or her of a copy thereof, reply in writing to the resolution
stating the council's intention to remove him or her. In the event no
reply is timely filed, the resolution shall upon the thirty-first day
from the date of such service, constitute the final resolution removing
the manager and his or her services shall terminate upon that day. If
a reply shall be timely filed with the city clerk, the council shall
fix a time for a public hearing upon the question of the manager's
removal and a final resolution removing the manager shall not be
adopted until a public hearing has been had. The action of the council
in removing the manager shall be final.
Sec. 3030 RCW 35A.14.190 and 1967 ex.s. c 119 s 35A.14.190 are
each amended to read as follows:
The members of each annexation review board shall elect from among
the members a ((chairman)) chair and a vice ((chairman)) chair, and may
employ a nonmember as chief clerk, who shall be the secretary of the
board. The board shall determine its own rules and order of business,
shall provide by resolution for the time and manner of holding regular
or special meetings, and shall keep a journal of its proceedings which
shall be a public record. A majority of all the members shall
constitute a quorum for the transaction of business.
The chief clerk of the board, the ((chairman)) chair, or the vice
((chairman)) chair shall have the power to administer oaths and
affirmations, certify to all official acts, issue subpoenas to any
public officer or employee ordering him or her to testify before the
board and produce public records, papers, books or documents. The
chief clerk, the ((chairman)) chair or the vice ((chairman)) chair may
invoke the aid of any court of competent jurisdiction to carry out such
powers.
The planning departments of the county, other counties, and any
city, and any state or regional planning agency shall furnish such
information to the board at its request as may be reasonably necessary
for the performance of its duties.
At the request of the board, the state attorney general shall
provide counsel for the board.
Sec. 3031 RCW 35A.21.030 and 1967 ex.s. c 119 s 35A.21.030 are
each amended to read as follows:
Except as otherwise provided in this title, every officer of a code
city shall perform, in the manner provided, all duties of his or her
office which are imposed by state law on officers of every other class
of city who occupy a like position and perform like functions.
Sec. 3032 RCW 35A.33.010 and 1969 ex.s. c 81 s 2 are each amended
to read as follows:
Unless the context clearly indicates otherwise, the following words
as used in this chapter shall have the meaning herein prescribed:
(1) "Clerk" as used in this chapter includes the officer performing
the functions of a finance or budget director, comptroller, auditor, or
by whatever title he or she may be known in any code city.
(2) "Department" as used in this chapter includes each office,
division, service, system or institution of the city for which no other
statutory or charter provision is made for budgeting and accounting
procedures or controls.
(3) "Council" as used in this chapter includes the commissioners in
cities having a commission form of government and any other group of
city officials serving as the legislative body of a code city.
(4) "Chief administrative officer" as used in this chapter includes
the mayor of cities having a mayor-council form of government, the
commissioners in cities having a commission form of government, the
city manager, or any other city official designated by the charter or
ordinances of such city under the plan of government governing the
same, or the budget or finance officer designated by the mayor, manager
or commissioners, to perform the functions, or portions thereof,
contemplated by this chapter.
(5) "Fiscal year" as used in this chapter means that fiscal period
set by the code city pursuant to authority given under RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where clearly used
to indicate the plural of "fund", shall mean the budgeting or
accounting entity authorized to provide a sum of money for specified
activities or purposes.
(7) "Funds" as used in this chapter where not used to indicate the
plural of "fund" shall mean money in hand or available for expenditure
or payment of a debt or obligation.
(8) Except as otherwise defined herein, municipal accounting terms
used in this chapter have the meaning prescribed in "Governmental
Accounting, Auditing and Financial Reporting" prepared by the National
Committee on Governmental Accounting, 1968.
Sec. 3033 RCW 35A.33.052 and 1967 ex.s. c 119 s 35A.33.052 are
each amended to read as follows:
The chief administrative officer shall prepare the preliminary
budget in detail, making any revisions or addition to the reports of
the department heads deemed advisable by such chief administrative
officer and at least sixty days before the beginning of the city's next
fiscal year he or she shall file it with the city clerk as the
recommendation of the chief administrative officer for the final
budget. The clerk shall provide a sufficient number of copies of such
preliminary budget and budget message to meet the reasonable demands of
taxpayers therefor and have them available for distribution not later
than six weeks before the beginning of the city's next fiscal year.
Sec. 3034 RCW 35A.33.135 and 1967 ex.s. c 119 s 35A.33.135 are
each amended to read as follows:
At a time fixed by the city's ordinance or charter, not later than
the first Monday in October of each year, the chief administrative
officer shall provide the city's legislative body with current
information on estimates of revenues from all sources as adopted in the
budget for the current year, together with estimates submitted by the
clerk under RCW 35A.33.050. The city's legislative body and the city's
administrative officer or his or her designated representative shall
consider the city's total anticipated financial requirements for the
ensuing fiscal year, and the legislative body shall determine and fix
by ordinance the amount to be raised by ad valorem taxes. Upon
adoption of the ordinance fixing the amount of ad valorem taxes to be
levied, the clerk shall certify the same to the board of county
commissioners as required by RCW 84.52.020.
Sec. 3035 RCW 35A.33.160 and 1967 ex.s. c 119 s 35A.33.160 are
each amended to read as follows:
Upon the conviction of any city official, department head or other
city employee of knowingly failing, or refusing, without just cause, to
perform any duty imposed upon such officer or employee by this chapter,
or city ordinance or charter, in connection with the giving of notice,
the preparing and filing of estimates of revenues or expenditures or
other information required for preparing a budget report in the time
and manner required, or of knowingly making expenditures in excess of
budget appropriations, he or she shall be guilty of a misdemeanor and
shall be fined not more than five hundred dollars for each separate
violation.
Sec. 3036 RCW 35A.36.010 and 1967 ex.s. c 119 s 35A.36.010 are
each amended to read as follows:
The mayor, finance officer, city clerk, or other officer of a code
city who is authorized or required by law, charter, or ordinance to
execute bonds of the city or any subdivision or district thereof may
designate one or more bonded persons to affix such officer's signature
to any bond or bonds requiring his or her signature. If the signature
of one of these officers is affixed to a bond during his or her
continuance in office by a proxy designated by him or her whose
authority has not been revoked, the bond shall be as binding upon the
city and all concerned as though the officer had signed the bond in
person. This chapter shall apply to all bonds, whether they constitute
obligations of the city as a whole or of any local improvement or other
district or subdivision thereof, whether they call for payment from the
general funds of the city or from a local, special or other fund, and
whether negotiable or otherwise.
Sec. 3037 RCW 35A.36.050 and 1967 ex.s. c 119 s 35A.36.050 are
each amended to read as follows:
A code city officer authorizing the affixing of his or her
signature to a bond by a proxy shall be subject to the same liability
personally and on his or her bond for any signature so affixed and to
the same extent as if he or she had affixed his or her signature in
person.
Sec. 3038 RCW 35A.36.060 and 1967 ex.s. c 119 s 35A.36.060 are
each amended to read as follows:
In order to designate a proxy to affix his or her signature to
bonds, a code city officer shall address a written notice to the
legislative body of the city giving the name of the person whom he or
she has selected therefor and stating generally or specifically what
bonds are to be so signed.
Attached to or included in the notice shall be a written signature
of the officer making the designation executed by the proposed proxy
followed by the word "by" and his or her own signature; or, if the
notice so states, the specimen signatures may consist of a facsimile
reproduction of the officer's signature impressed by some mechanical
process followed by the word "by" and the proxy's own signature.
If the authority is intended to include the signature upon bonds
bearing an earlier date than the effective date of the notice, the
prior dated bonds must be specifically described by reasonable
reference thereto.
The notice designating a proxy shall be filed with the city finance
officer or city clerk, together with the specimen signatures attached
thereto and a record of the filing shall be made in the journal of the
legislative body. This record shall note the date and hour of filing
and may be made by the official who keeps the journal at any time after
the filing of the notice, even during a period of recess or adjournment
of the legislative body. The notice shall be effective from the time
of its recording.
Sec. 3039 RCW 35A.42.010 and 1987 c 331 s 78 are each amended to
read as follows:
In addition to authority granted and duties imposed upon code city
treasurers by this title, code city treasurers, or the officers
designated by charter or ordinance to perform the duties of a
treasurer, shall have the duties and the authority to perform the
following: (1) As provided in RCW 8.12.500 relating to bonds and
compensation payments in eminent domain proceedings; (2) as provided in
RCW 68.52.050 relating to cemetery improvement funds; (3) as provided
in RCW 41.28.080 relating to custody of employees' retirement funds;
(4) as provided in RCW 47.08.100 relating to the use of city street
funds; (5) as provided in RCW 46.68.080 relating to motor vehicle
funds; (6) as provided in RCW 41.16.020 and chapter 41.20 RCW relating
to police and ((firemen's)) firefighters' relief and pension boards;
(7) as provided in chapter 42.20 RCW relating to misappropriation of
funds; and (8) as provided in chapter 39.60 RCW relating to investment
of municipal funds. The treasurer shall be subject to the penalties
imposed for the violation of any of such provisions. Where a provision
of this title, or the general law, names the city treasurer as an
officer of a board or other body, or assigns duties to a city
treasurer, such position shall be filled, or such duties performed, by
the officer of a code city who is performing the duties usually
performed by a city treasurer, although he or she may not have that
designation.
Sec. 3040 RCW 35A.42.030 and 1967 ex.s. c 119 s 35A.42.030 are
each amended to read as follows:
In the event that the mayor, manager or other chief executive
officer of any code city is unavailable by reason of enemy attack to
exercise the powers and to discharge the duties of his or her office,
his or her successor or substitute shall be selected in the manner
provided by RCW 42.14.050 subject to rules and regulations providing
for the appointment of temporary interim successors adopted under RCW
42.14.070.
Sec. 3041 RCW 35A.63.020 and 1979 ex.s. c 18 s 33 are each
amended to read as follows:
By ordinance a code city may create a planning agency and provide
for its membership, organization, and expenses. The planning agency
shall serve in an advisory capacity to the chief administrative officer
or the legislative body, or both, as may be provided by ordinance and
shall have such other powers and duties as shall be provided by
ordinance. If any person or persons on a planning agency concludes
that he or she has a conflict of interest or an appearance of fairness
problem with respect to a matter pending before the agency so that he
or she cannot discharge his or her duties on such an agency, he or she
shall disqualify himself or herself from participating in the
deliberations and the decision-making process with respect to the
matter. If this occurs, the appointing authority that appoints such a
person may appoint a person to serve as an alternate on the agency to
serve in his or her stead in regard to such a matter.
Sec. 3042 RCW 35A.63.110 and 2001 c 200 s 1 are each amended to
read as follows:
A code city which pursuant to this chapter creates a planning
agency and which has twenty-five hundred or more inhabitants, by
ordinance, shall create a board of adjustment and provide for its
membership, terms of office, organization, jurisdiction. A code city
which pursuant to this chapter creates a planning agency and which has
a population of less than twenty-five hundred may, by ordinance,
similarly create a board of adjustment. In the event a code city with
a population of less than twenty-five hundred creates a planning
agency, but does not create a board of adjustment, the code city shall
provide that the city legislative authority shall itself hear and
decide the items listed in subdivisions (1), (2), and (3) of this
section. The action of the board of adjustment shall be final and
conclusive, unless, within twenty-one days from the date of the action,
the original applicant or an adverse party makes application to the
superior court for the county in which that city is located for a writ
of certiorari, a writ of prohibition, or a writ of mandamus. No member
of the board of adjustment shall be a member of the planning agency or
the legislative body. Subject to conditions, safeguards, and
procedures provided by ordinance, the board of adjustment may be
empowered to hear and decide:
(1) Appeals from orders, recommendations, permits, decisions, or
determinations made by a code city official in the administration or
enforcement of the provisions of this chapter or any ordinances adopted
pursuant to it.
(2) Applications for variances from the terms of the zoning
ordinance, the official map ordinance or other land-use regulatory
ordinances under procedures and conditions prescribed by city
ordinance, which among other things shall provide that no application
for a variance shall be granted unless the board of adjustment finds:
(a) the variance shall not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the
vicinity and zone in which the property on behalf of which the
application was filed is located; and
(b) that such variance is necessary, because of special
circumstances relating to the size, shape, topography, location, or
surroundings of the subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the
zone in which the subject property is located; and
(c) that the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the subject property is
situated.
(3) Applications for conditional-use permits, unless such
applications are to be heard and decided by the planning agency. A
conditional use means a use listed among those classified in any given
zone but permitted to locate only after review as herein provided in
accordance with standards and criteria set forth in the zoning
ordinance.
(4) Such other quasi judicial and administrative determinations as
may be delegated by ordinance.
In deciding any of the matters referred to in subsections (1), (2),
(3), and (4) of this section, the board of adjustment shall issue a
written report giving the reasons for its decision. If a code city
provides for a hearing examiner and vests in him or her the authority
to hear and decide the items listed in subdivisions (1), (2), and (3)
of this section pursuant to RCW 35A.63.170, then the provisions of this
section shall not apply to such a city.
Sec. 4001 RCW 36.08.020 and 1963 c 4 s 36.08.020 are each amended
to read as follows:
The election shall be conducted in all respects as general
elections are conducted under the laws governing general elections, in
so far as they may be applicable, except that there shall be triplicate
returns made, one to each of the respective county auditors and another
to the office of the secretary of state. The ballots used at such
election shall contain the words "for transferring territory," or
"against transferring territory." The votes shall be canvassed, as by
law required, within twenty days, and if three-fifths of the votes cast
in the territory at such election are "for transferring territory," the
territory described in the petition shall become a part of and be added
to and made a part of the county contiguous thereto, and within thirty
days after the canvass of the returns of the election, the governor
shall issue his or her proclamation of the change of county lines.
Sec. 4002 RCW 36.08.070 and 1963 c 4 s 36.08.070 are each amended
to read as follows:
If the board of appraisers and adjusters do not agree on any
subject, value, or settlement, they shall choose a third ((man)) person
from an adjoining county to settle their differences, and the decision
thus arrived at shall be final.
Sec. 4003 RCW 36.08.090 and 1963 c 4 s 36.08.090 are each amended
to read as follows:
The county auditor of the county to which any territory may be
transferred may take transcripts of all records, books, papers, etc.,
on file in the office of the county auditor of the county from which
the territory has been transferred, which may be necessary to perfect
the records of his or her county, and for this purpose he or she shall
have access to the records of the county from which such territory is
stricken, free of cost.
Sec. 4004 RCW 36.09.020 and 1963 c 4 s 36.09.020 are each amended
to read as follows:
The auditor of the old county shall give the auditor of the new
county reasonable notice to meet him or her on a certain day at the
county seat of the old county, or at some other convenient place, to
settle upon and fix the amount which the new county shall pay. In
doing so, they shall not charge either county with any share of debts
arising from the erection of public buildings, or out of the
construction of roads or bridges which shall be and remain, after the
division, within the limits of the other county, and of the other debts
they shall apportion to each county such a share of the indebtedness as
may be just and equitable, taking into consideration the population of
such portion of territory so forming a part of the said counties while
so united, and also the relative advantages, derived from the old
county organization.
Sec. 4005 RCW 36.09.040 and 1963 c 4 s 36.09.040 are each amended
to read as follows:
The auditor of the county indebted upon such decision shall give to
the auditor of the other county his or her order upon the treasurer for
the amount to be paid out of the proper fund, as in other cases, and
also make out a transfer of such property as shall be assigned to
either county.
Sec. 4006 RCW 36.13.040 and 1963 c 4 s 36.13.040 are each amended
to read as follows:
All persons resident in the county, having knowledge of the facts,
shall give the information required herein to any duly authorized
census enumerator when requested by him or her.
Sec. 4007 RCW 36.16.040 and 1963 c 4 s 36.16.040 are each amended
to read as follows:
Every person elected to county office shall before he or she enters
upon the duties of his or her office 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 authorized to administer oaths, without charge therefor.
Sec. 4008 RCW 36.16.060 and 1963 c 4 s 36.16.060 are each amended
to read as follows:
Every county officer, before entering upon the duties of his or her
office, shall file his or her oath of office in the office of the
county auditor and his or her official bond in the office of the county
clerk: PROVIDED, That the official bond of the county clerk, after
first being recorded by the county auditor, shall be filed in the
office of the county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which
the oaths and bonds of their principals are required to be filed.
Sec. 4009 RCW 36.16.070 and 1969 ex.s. c 176 s 92 are each
amended to read as follows:
In all cases where the duties of any county office are greater than
can be performed by the person elected to fill it, the officer may
employ deputies and other necessary employees with the consent of the
board of county commissioners. The board shall fix their compensation
and shall require what deputies shall give bond and the amount of bond
required from each. The sureties on deputies' bonds must be approved
by the board and the premium therefor is a county expense.
A deputy may perform any act which his or her principal is
authorized to perform. The officer appointing a deputy or other
employee shall be responsible for the acts of his or her appointees
upon his or her official bond and may revoke each appointment at
pleasure.
Sec. 4010 RCW 36.16.087 and 1963 c 4 s 36.16.087 are each amended
to read as follows:
In all cases in which the county treasurer of any county in the
state of Washington shall have executed a tax deed or deeds prior to
February 21, 1903, either to his or her county or to any private person
or persons or corporation whomsoever, said deed or deeds shall not be
deemed invalid by reason of the county treasurer who executed the same
not having affixed a seal of office to the same, or having affixed a
seal not an official seal; nor shall said deed or deeds be deemed
invalid by reason of the fact that at the date of the execution of said
deed or deeds there was in the state of Washington no statute providing
for an official seal for the office of county treasurer.
Sec. 4011 RCW 36.16.120 and 1963 c 4 s 36.16.120 are each amended
to read as follows:
All county officers shall complete the business of their offices,
to the time of the expiration of their respective terms, and in case
any officer, at the close of his or her term, leaves to his or her
successor official labor to be performed, which it was his or her duty
to perform, he or she shall be liable to his or her successor for the
full value of such services.
Sec. 4012 RCW 36.17.045 and 1963 c 164 s 3 are each amended to
read as follows:
Employees of the counties shall have the right to voluntarily
authorize the monthly deduction of their pledges to the United Good
Neighbor or its successor, monthly payment to a credit unit, and
monthly dues to a labor union, from their salaries or wages. When such
written authorization is received by the county auditor, he or she
shall make such monthly deduction.
Sec. 4013 RCW 36.17.050 and 1999 c 71 s 3 are each amended to
read as follows:
The auditor shall not draw his or her warrant for the salary of any
officer until the latter shall have first filed his or her duplicate
receipt with the auditor, properly signed by the treasurer, showing he
or she has made the last required monthly statement and settlement. If
the superior court issues a declaratory judgment under RCW 36.16.125
finding that a county officer has abandoned his or her duties, the
county officer may not be paid a salary.
Sec. 4014 RCW 36.18.030 and 1963 c 4 s 36.18.030 are each amended
to read as follows:
Coroners shall collect for their official services, the following
fees:
For each inquest held, besides mileage, twenty dollars.
For issuing a venire, two dollars.
For drawing all necessary writings, two dollars for first page and
one dollar for each page thereafter.
For mileage each way, per mile, ten cents.
For performing the duties of a sheriff, he or she shall receive the
same fees as a sheriff would receive for the same service.
Sec. 4015 RCW 36.18.050 and 1963 c 4 s 36.18.050 are each amended
to read as follows:
Every officer who shall be called on or required to perform service
for which no fees or compensation are provided for in this chapter
shall be allowed fees similar and equal to those allowed him or her for
services of the same kind for which allowance is made herein.
Sec. 4016 RCW 36.18.060 and 1981 c 194 s 2 are each amended to
read as follows:
The officers mentioned in this chapter except the county sheriff
shall not, in any case, except for the state or county, perform any
official services unless the fees prescribed therefor are paid in
advance, and on such payment the officer must perform the services
required. The county sheriff may allow payment to be made after
official services have been performed as the sheriff deems appropriate.
For every failure or refusal to perform official duty when the fees are
tendered, the officer is liable on his or her official bond.
Sec. 4017 RCW 36.18.070 and 1963 c 4 s 36.18.070 are each amended
to read as follows:
When any sheriff, constable or coroner serves more than one process
in the same cause or on the same person not requiring more than one
journey from his or her office, he or she shall receive mileage only
for the most distant service.
Sec. 4018 RCW 36.18.080 and 1963 c 4 s 36.18.080 are each amended
to read as follows:
Every county officer entitled to collect fees from the public shall
keep posted in his or her office a plain and legible statement of the
fees allowed by law and failure so to do shall subject the officer to
a fine of one hundred dollars and costs, to be recovered in any court
of competent jurisdiction.
Sec. 4019 RCW 36.18.090 and 1963 c 4 s 36.18.090 are each amended
to read as follows:
Every officer, when requested so to do, shall make out a bill of
his or her fees in every case, and for any services, specifying each
particular item thereof, and receipt the same when it is paid, which
bill of fees shall always be subject to examination and correction by
the courts. Any officer who fails to comply with the requirements of
this section shall be liable to the person paying the fees in treble
the amount so paid.
Sec. 4020 RCW 36.18.130 and 1963 c 4 s 36.18.130 are each amended
to read as follows:
If any errors or irregularities are found by the checking officer
he or she shall immediately notify the officer interested, and if
within three days after such notification the errors or irregularities
are not corrected by such officer, the checking officer shall notify
the board of county commissioners in writing and upon receipt of such
notification the board shall proceed against such officer in the manner
provided by law.
Sec. 4021 RCW 36.18.160 and 1963 c 4 s 36.18.160 are each amended
to read as follows:
If any officer takes more or greater fees than are allowed by law
he or she shall be subject to prosecution, and on conviction, shall be
removed from office and fined in a sum not exceeding one thousand
dollars.
Sec. 4022 RCW 36.18.180 and 1963 c 4 s 36.18.180 are each amended
to read as follows:
The board of county commissioners of any county in this state, upon
receiving a certified copy of the record of conviction of any officer
for receiving illegal fees, or where the officer collects fees and
fails to account for the same, upon proof thereof must declare his or
her office vacant and appoint his or her successor.
Sec. 4023 RCW 36.22.030 and 1963 c 4 s 36.22.030 are each amended
to read as follows:
Auditors and their deputies may administer oaths necessary in the
performance of their duties and in all other cases where oaths are
required by law to be administered and take acknowledgments of deeds
and other instruments in writing: PROVIDED, That any deputy county
auditor, in administering such oath or taking such acknowledgment,
shall certify to the same in his or her own name as deputy, and not in
the name of his or her principal, and shall attach thereto the seal of
the office: PROVIDED, That all oaths administered or acknowledgments
taken by any deputy of any county auditor certifying to the same in the
name of his or her principal by himself or herself as such deputy,
prior to the taking effect of chapter 119, Laws of 1893 be and the same
are hereby legalized and made valid and binding.
Sec. 4024 RCW 36.22.040 and 1963 c 4 s 36.22.040 are each amended
to read as follows:
The county auditor shall audit all claims, demands, and accounts
against the county which by law are chargeable to the county, except
such cost or fee bills as are by law to be examined or approved by some
other judicial tribunal or officer. Such claims as it is his or her
duty to audit shall be presented to the board of county commissioners
for their examination and allowance.
Sec. 4025 RCW 36.22.050 and 1975 c 31 s 1 are each amended to
read as follows:
For claims allowed by the county commissioners, and also for cost
bills and other lawful claims duly approved by the competent tribunal
designated by law for their allowance, he or she shall draw a warrant
on the county treasurer, made payable to the claimant or his or her
order, bearing date from the time of and regularly numbered in the
order of their issue. If there is not sufficient cash in the county
treasury to cover such claims or cost bills, or if a claimant requests,
the auditor may issue a number of smaller warrants, the total principal
amounts of which shall equal the amount of said claim or cost bill.
Sec. 4026 RCW 36.22.120 and 1963 c 4 s 36.22.120 are each amended
to read as follows:
In case the auditor is unable to attend to the duties of his or her
office during any session of the board of county commissioners, and has
no deputy by him or her appointed in attendance, the board may
temporarily appoint a suitable person not by law disqualified from
acting as such to perform the auditor's duties.
Sec. 4027 RCW 36.22.150 and 1963 c 4 s 36.22.150 are each amended
to read as follows:
Each auditor, on retiring from office, shall deliver to his or her
successor the seal of office and all the books, records, and
instruments of writing belonging to the office, and take his or her
receipt therefor. In case of the death of the auditor, his or her
legal representatives shall deliver over the seal, books, records and
papers.
Sec. 4028 RCW 36.23.020 and 1963 c 4 s 36.23.020 are each amended
to read as follows:
When the judge or judges of any court, or a majority of them,
believe that the clerk of the court does not have a good and sufficient
bond on file, or that the bond is not large enough in amount, such
judge or judges shall enter an order requiring him or her, within such
time as may be specified in the order, to execute and present to them
a good and sufficient bond, in such sum as may be fixed by the order.
In case of his or her failure to file the bond within ten days from the
expiration of the date fixed the judge or judges shall declare the
office vacant.
Sec. 4029 RCW 36.23.040 and 1963 c 4 s 36.23.040 are each amended
to read as follows:
The clerk shall be responsible for the safe custody and delivery to
his or her successor of all books and papers belonging to his or her
office.
Sec. 4030 RCW 36.23.080 and 1963 c 4 s 36.23.080 are each amended
to read as follows:
The office of the clerk of the superior court shall be kept at the
county seat of the county of which he or she is clerk.
Sec. 4031 RCW 36.24.010 and 1963 c 4 s 36.24.010 are each amended
to read as follows:
The coroner shall perform the duties of the sheriff in all cases
where the sheriff is interested or otherwise incapacitated from
serving; and whenever the coroner acts as sheriff he or she shall
possess the powers and perform all the duties of sheriff, and shall be
liable on his or her official bond in like manner as the sheriff would
be, and shall be entitled to the same fees as are allowed by law to the
sheriff for similar services: PROVIDED, That nothing herein contained
shall prevent the court from appointing a suitable person to discharge
such duties, as provided by RCW 36.28.090.
Sec. 4032 RCW 36.24.020 and 1988 c 188 s 18 are each amended to
read as follows:
Any coroner, in his or her discretion, may hold an inquest if the
coroner suspects that the death of a person was unnatural, or violent,
or resulted from unlawful means, or from suspicious circumstances, or
was of such a nature as to indicate the possibility of death by the
hand of the deceased or through the instrumentality of some other
person: PROVIDED, That, except under suspicious circumstances, no
inquest shall be held following a traffic death.
The coroner in the county where an inquest is to be convened
pursuant to this chapter shall notify the superior court to provide
persons to serve as a jury of inquest to hear all the evidence
concerning the death and to inquire into and render a true verdict on
the cause of death. Jurors shall be selected and summoned in the same
manner and shall have the same qualifications as specified in chapter
2.36 RCW. The prosecuting attorney having jurisdiction shall be
notified in advance of any such inquest to be held, and at his or her
discretion may be present at and assist the coroner in the conduct of
the same. The coroner may adjourn the inquest from time to time as he
or she may deem necessary.
The costs of inquests shall be borne by the county in which the
inquest is held.
Sec. 4033 RCW 36.24.040 and 1963 c 4 s 36.24.040 are each amended
to read as follows:
When four or more of the jurors attend, they shall be sworn by the
coroner to inquire who the person was, and when, where, and by what
means he or she came to his or her death, and into the circumstances
attending his or her death, and to render a true verdict therein,
according to the evidence afforded them, or arising from the inspection
of the body.
Sec. 4034 RCW 36.24.070 and 1963 c 4 s 36.24.070 are each amended
to read as follows:
After hearing the testimony, the jury shall render its verdict and
certify the same in writing signed by the jurors, and setting forth who
the person killed is, if known, and when, where and by what means he or
she came to his or her death; or if he or she was killed, or his or her
death was occasioned by the act of another by criminal means, who is
guilty thereof, if known.
Sec. 4035 RCW 36.24.080 and 1963 c 4 s 36.24.080 are each amended
to read as follows:
In all cases where murder or manslaughter is supposed to have been
committed, the testimony of witnesses taken before the coroner's jury
shall be reduced to writing by the coroner, or under his or her
direction, and he or she shall also recognize such witnesses to appear
and testify in the superior court of the county, and shall forthwith
file the written testimony, inquisition, and recognizance with the
clerk of such court.
Sec. 4036 RCW 36.24.090 and 1963 c 4 s 36.24.090 are each amended
to read as follows:
If the person charged with the commission of the offense has been
arrested before the inquisition has been filed, the coroner shall
deliver the recognizance and the inquisition, with the testimony taken,
to the magistrate before whom such person may be brought, who shall
return the same, with the depositions and statements taken before him
or her to the clerk of the superior court of the county.
Sec. 4037 RCW 36.24.110 and 1963 c 4 s 36.24.110 are each amended
to read as follows:
The coroner's warrant shall be in substantially the following form:
Sec. 4038 RCW 36.24.155 and 1969 ex.s. c 259 s 2 are each amended
to read as follows:
Whenever anyone shall die within a county without making prior
plans for the disposition of his or her body and there is no other
person willing to provide for the disposition of the body, the county
coroner shall cause such body to be entrusted to a funeral home in the
county where the body is found. Disposition shall be on a rotation
basis, which shall treat equally all funeral homes or mortuaries
desiring to participate, such rotation to be established by the coroner
after consultation with representatives of the funeral homes or
mortuaries in the county or counties involved.
Sec. 4039 RCW 36.24.170 and 1963 c 4 s 36.24.170 are each amended
to read as follows:
The coroner shall not appear or practice as attorney in any court,
except in defense of himself or herself or his or her deputies.
Sec. 4040 RCW 36.24.180 and 1963 c 4 s 36.24.180 are each amended
to read as follows:
Before auditing and allowing the account of the coroner the board
of county commissioners shall require from him or her a verified
statement in writing, accounting for all money or other property found
upon persons on whom inquests have been held by him or her, and that
the money or property mentioned in it has been delivered to the legal
representatives of the deceased, or to the county treasurer.
Sec. 4041 RCW 36.26.050 and 1969 c 94 s 5 are each amended to
read as follows:
The public defender shall make an annual report to each board of
county commissioners within his or her district. If any public
defender district embraces more than one county or a cooperating city,
the public defender shall maintain records of expenses allocable to
each county or city within the district, and shall charge such expenses
only against the county or city for which the services were rendered or
the costs incurred. The boards of county commissioners of counties and
the governing authority of any city participating jointly in a public
defender district are authorized to provide for the sharing of the
costs of the district by mutual agreement, for any costs which cannot
be specifically apportioned to any particular county or city within the
district.
Expenditures by the public defender shall be subject to the
provisions of chapter 36.40 RCW and other statutes relating to
expenditures by counties or cities.
Sec. 4042 RCW 36.26.060 and 1969 c 94 s 6 are each amended to
read as follows:
(1) The board of county commissioners shall:
(a) Fix the compensation of the public defender and of any staff
appointed to assist him or her in the discharge of his or her duties:
PROVIDED, That the compensation of the public defender shall not exceed
that of the county prosecutor in those districts which comprise only
one county;
(b) Provide office space, furniture, equipment and supplies for the
use of the public defender suitable for the conduct of his or her
office in the discharge of his or her duties, or provide an allowance
in lieu of facilities and supplies.
(2) The public defender may appoint as many assistant attorney
public defenders, clerks, investigators, stenographers and other
employees as the board of county commissioners considers necessary in
the discharge of his or her duties as a public defender.
Sec. 4043 RCW 36.26.070 and 1984 c 76 s 18 are each amended to
read as follows:
The public defender must represent, without charge to any accused,
every indigent person who is or has been arrested or charged with a
crime for which court appointed counsel for indigent defendants is
required either under the Constitution of the United States or under
the Constitution and laws of the state of Washington:
(1) If such arrested person or accused, having been apprised of his
or her constitutional and statutory rights to counsel, requests the
appointment of counsel to represent him or her; and
(2) If a court, on its own motion or otherwise, does not appoint
counsel to represent the accused; and
(3) Unless the arrested person or accused, having been apprised of
his or her right to counsel in open court, affirmatively rejects or
intelligently repudiates his or her constitutional and statutory rights
to be represented by counsel.
Sec. 4044 RCW 36.26.080 and 1969 c 94 s 8 are each amended to
read as follows:
Whenever the public defender represents any indigent person held in
custody without commitment or charged with any criminal offense, he or
she must (1) counsel and defend such person, and (2) prosecute any
appeals and other remedies, whether before or after conviction, which
he or she considers to be in the interests of justice.
Sec. 4045 RCW 36.27.010 and 1963 c 4 s 36.27.010 are each amended
to read as follows:
No person shall be eligible to the office of prosecuting attorney
in any county of this state, unless he or she is a qualified elector
therein, and has been admitted as an attorney and counselor of the
courts of this state.
Sec. 4046 RCW 36.27.030 and 1963 c 4 s 36.27.030 are each amended
to read as follows:
When from illness or other cause the prosecuting attorney is
temporarily unable to perform his or her duties, the court or judge may
appoint some qualified person to discharge the duties of such officer
in court until the disability is removed.
When any prosecuting attorney fails, from sickness or other cause,
to attend a session of the superior court of his or her county, or is
unable to perform his or her duties at such session, the court or judge
may appoint some qualified person to discharge the duties of such
session, and the appointee shall receive a compensation to be fixed by
the court, to be deducted from the stated salary of the prosecuting
attorney, not exceeding, however, one-fourth of the quarterly salary of
the prosecuting attorney: PROVIDED, That in counties wherein there is
no person qualified for the position of prosecuting attorney, or
wherein no qualified person will consent to perform the duties of that
office, the judge of the superior court shall appoint some suitable
person, a duly admitted and practicing attorney-at-law and resident of
the state to perform the duties of prosecuting attorney for such
county, and he or she shall receive such reasonable compensation for
his or her services as shall be fixed and ordered by the court, to be
paid by the county for which the services are performed.
Sec. 4047 RCW 36.27.040 and 2000 c 23 s 2 are each amended to
read as follows:
The prosecuting attorney may appoint one or more deputies who shall
have the same power in all respects as their principal. Each
appointment shall be in writing, signed by the prosecuting attorney,
and filed in the county auditor's office. Each deputy thus appointed
shall have the same qualifications required of the prosecuting
attorney, except that such deputy need not be a resident of the county
in which he or she serves. The prosecuting attorney may appoint one or
more special deputy prosecuting attorneys upon a contract or fee basis
whose authority shall be limited to the purposes stated in the writing
signed by the prosecuting attorney and filed in the county auditor's
office. Such special deputy prosecuting attorney shall be admitted to
practice as an attorney before the courts of this state but need not be
a resident of the county in which he or she serves and shall not be
under the legal disabilities attendant upon prosecuting attorneys or
their deputies except to avoid any conflict of interest with the
purpose for which he or she has been engaged by the prosecuting
attorney. The prosecuting attorney shall be responsible for the acts
of his or her deputies and may revoke appointments at will.
Two or more prosecuting attorneys may agree that one or more
deputies for any one of them may serve temporarily as deputy for any
other of them on terms respecting compensation which are acceptable to
said prosecuting attorneys. Any such deputy thus serving shall have
the same power in all respects as if he or she were serving
permanently.
The provisions of chapter 39.34 RCW shall not apply to such
agreements.
The provisions of RCW 41.56.030(2) shall not be interpreted to
permit a prosecuting attorney to alter the at-will relationship
established between the prosecuting attorney and his or her appointed
deputies by this section for a period of time exceeding his or her term
of office. Neither shall the provisions of RCW 41.56.030(2) require a
prosecuting attorney to alter the at-will relationship established by
this section.
Sec. 4048 RCW 36.27.050 and 1963 c 4 s 36.27.050 are each amended
to read as follows:
No prosecuting attorney shall receive any fee or reward from any
person, on behalf of any prosecution, or for any of his or her official
services, except as provided in this title, nor shall he or she be
engaged as attorney or counsel for any party in any action depending
upon the same facts involved in any criminal proceeding.
Sec. 4049 RCW 36.27.070 and 1963 c 4 s 36.27.070 are each amended
to read as follows:
The prosecuting attorney of each county in the state of Washington
must keep an office at the county seat of the county of which he or she
is prosecuting attorney.
Sec. 4050 RCW 36.28.010 and 1965 c 92 s 1 are each amended to
read as follows:
The sheriff is the chief executive officer and conservator of the
peace of the county. In the execution of his or her office, he or she
and his or her deputies:
(1) Shall arrest and commit to prison all persons who break the
peace, or attempt to break it, and all persons guilty of public
offenses;
(2) Shall defend the county against those who, by riot or
otherwise, endanger the public peace or safety;
(3) Shall execute the process and orders of the courts of justice
or judicial officers, when delivered for that purpose, according to
law;
(4) Shall execute all warrants delivered for that purpose by other
public officers, according to the provisions of particular statutes;
(5) Shall attend the sessions of the courts of record held within
the county, and obey their lawful orders or directions;
(6) Shall keep and preserve the peace in their respective counties,
and quiet and suppress all affrays, riots, unlawful assemblies and
insurrections, for which purpose, and for the service of process in
civil or criminal cases, and in apprehending or securing any person for
felony or breach of the peace, they may call to their aid such persons,
or power of their county as they may deem necessary.
Sec. 4051 RCW 36.28.020 and 1963 c 4 s 36.28.020 are each amended
to read as follows:
Every deputy sheriff shall possess all the power, and may perform
any of the duties, prescribed by law to be performed by the sheriff,
and shall serve or execute, according to law, all process, writs,
precepts, and orders, issued by lawful authority.
Persons may also be deputed by the sheriff in writing to do
particular acts; including the service of process in civil or criminal
cases, and the sheriff shall be responsible on his or her official bond
for their default or misconduct.
Sec. 4052 RCW 36.28.030 and 1963 c 4 s 36.28.030 are each amended
to read as follows:
Whenever the company acting as surety on the official bond of a
sheriff is disqualified, insolvent, or the penalty of the bond becomes
insufficient on account of recovery had thereon, or otherwise, the
sheriff shall submit a new or additional bond for approval to the board
of county commissioners, if in session, or, if not in session, for the
approval of the ((chairman)) chair of such board, and file the same,
when approved, in the office of the county clerk of his or her county,
and such new or additional bond shall be in a penal sum sufficient in
amount to equal the sum specified in the original bond when added to
the penalty of any existing bond, so that under one or more bonds there
shall always be an enforceable obligation of the surety on the official
bond or bonds of the sheriff in a penal sum of not less than the amount
of the bond as originally approved.
Sec. 4053 RCW 36.28.040 and 1963 c 4 s 36.28.040 are each amended
to read as follows:
No sheriff, deputy sheriff, or coroner shall be liable for any
damages for neglecting or refusing to serve any civil process unless
his or her legal fees are first tendered him or her.
Sec. 4054 RCW 36.28.050 and 1963 c 4 s 36.28.050 are each amended
to read as follows:
If any property levied upon by virtue of any writ of attachment or
execution or other order issued to the sheriff out of any court in this
state is claimed by any person other than the defendant, and such
person or his or her agent or attorney makes affidavit of his or her
title thereto or his or her right to possession thereof, stating the
value thereof and the basis of such right or title, the sheriff may
release such levy, unless the plaintiff on demand indemnifies the
sheriff against such claim by an undertaking executed by a sufficient
surety.
No claim to such property by any person other than the defendant
shall be valid against the sheriff, unless the supporting affidavit is
made. Notwithstanding receipt of a proper claim the sheriff shall
retain such property under levy a reasonable time to demand such
indemnity.
Any sheriff, or other levying officer, may require an indemnifying
bond of the plaintiff in all cases where he or she has to take
possession of personal property.
Sec. 4055 RCW 36.28.090 and 1963 c 4 s 36.28.090 are each amended
to read as follows:
When there is no sheriff of a county, or he or she is disqualified
from any cause from discharging any particular duty, it shall be lawful
for the officer or person commanding or desiring the discharge of that
duty to appoint some suitable person, a citizen of the county, to
execute the same: PROVIDED, That final process shall in no case be
executed by any person other than the legally authorized officer; or in
case he or she is disqualified, some suitable person appointed by the
court, or judge thereof, out of which the process issues, who shall
make such appointment in writing; and before such appointment shall
take effect, the person appointed shall give security to the party
interested for the faithful performance of his or her duties, which
bond of suretyship shall be in writing, approved by the court or judge
appointing him or her, and be placed on file with the papers in the
case.
Sec. 4056 RCW 36.28.130 and 1963 c 4 s 36.28.130 are each amended
to read as follows:
In all cases where any sheriff, constable or coroner has executed
any writ or other process delivered to him or her by his or her
predecessor, or has completed any business commenced by his or her
predecessor under any writ or process, and has completed any other
business commenced by his or her predecessor, and in all cases where
any sheriff, constable or coroner has executed any writ or other
process, or completed any business connected with his or her office
after the expiration of his or her term of office, which writ or
process he or she had commenced to execute, or which business he or she
had commenced to perform, prior to the expiration of his or her term of
office, such action shall be valid and effectual for all purposes.
Sec. 4057 RCW 36.28.150 and 1963 c 4 s 36.28.150 are each amended
to read as follows:
Whenever any sheriff neglects to make due return of any writ or
other process delivered to him or her to be executed, or is guilty of
any default or misconduct in relation thereto, he or she shall be
liable to fine or attachment, or both, at the discretion of the court,
subject to appeal, such fine, however, not to exceed two hundred
dollars; and also to an action for damages to the party aggrieved.
Sec. 4058 RCW 36.28.160 and 1963 c 4 s 36.28.160 are each amended
to read as follows:
The sheriff must keep his or her office at the county seat of the
county of which he or she is sheriff.
Sec. 4059 RCW 36.28.170 and 1963 c 50 s 1 are each amended to
read as follows:
The executive secretary of the Washington state association of
elected county officials, upon written approval of a majority of the
sheriffs in the state, shall file with the secretary of state a
description of a standard uniform which may be withdrawn or modified by
re-filing in the same manner as originally filed. A uniform of the
description so filed shall thereafter be reserved exclusively for the
use of sheriffs and their deputies: PROVIDED, That the filing of a
standard uniform description shall not make mandatory the adoption of
said uniform by any county sheriff or his or her deputies.
Sec. 4060 RCW 36.28.180 and 1979 c 132 s 1 are each amended to
read as follows:
A county may from available funds provide for an allowance for
clothing and other incidentals necessary to the performance of official
duties for the sheriff and his or her deputies.
Sec. 4061 RCW 36.29.025 and 1963 c 4 s 36.29.025 are each amended
to read as follows:
The county treasurer in each of the organized counties of the state
of Washington, shall be by his or her county provided with a seal of
office for the authentication of all tax deeds, papers, writing and
documents required by law to be certified or authenticated by him or
her. Such seal shall bear the device of crosskeys and the words:
Official Seal Treasurer . . . . . . County, Washington; and an imprint
of such seal, together with the certificate of the county treasurer
that such seal has been regularly adopted, shall be filed in the office
of the county auditor of such county.
Sec. 4062 RCW 36.29.130 and 1963 c 4 s 36.29.130 are each amended
to read as follows:
The county treasurer, upon receipt of the tax roll, shall proceed
to collect and receipt for the municipal taxes extended thereon at the
same time and in the same manner as he or she proceeds in the
collection of other taxes on such roll.
Sec. 4063 RCW 36.32.050 and 1963 c 4 s 36.32.050 are each amended
to read as follows:
County commissioners shall be elected by the qualified voters of
the county and the person receiving the highest number of votes for the
office of commissioner for the district in which he or she resides
shall be declared duly elected from that district.
Sec. 4064 RCW 36.32.060 and 1963 c 4 s 36.32.060 are each amended
to read as follows:
The bond of each county commissioner shall be payable to the
county, and it shall be conditioned that the commissioner shall well
and faithfully discharge the duties of his or her office, and not
approve, audit, or order paid any illegal, unwarranted, or unjust claim
against the county for personal services.
Sec. 4065 RCW 36.32.100 and 1963 c 4 s 36.32.100 are each amended
to read as follows:
The board of county commissioners at their first session after the
general election shall elect one of its number to preside at its
meetings. He or she shall sign all documents requiring the signature
of the board, and his or her signature as ((chairman)) chair of the
board shall be as legal and binding as if all members had affixed their
names. In case the ((chairman)) chair is absent at any meeting of the
board, all documents requiring the signature of the board shall be
signed by both members present.
Sec. 4066 RCW 36.32.135 and 1963 c 4 s 36.32.135 are each amended
to read as follows:
The county commissioners of each county shall have and use a seal
for the purpose of sealing their proceedings, and copies of the same
when signed and sealed by the said county commissioners, and attested
by their clerk, shall be admitted as evidence of such proceedings in
the trial of any cause in any court in this state; and until such seal
shall be provided, the private seal of the ((chairman)) chair of such
board of county commissioners shall be adopted as a seal.
Sec. 4067 RCW 36.32.310 and 1963 c 4 s 36.32.310 are each amended
to read as follows:
Whenever a member of the board of county commissioners of any
county has a claim for compensation for per diem and expenses for
attendance upon any special session of the board or a claim for
compensation for extra services or expenses incurred as such
commissioners, including services performed as road commissioner, the
claim shall be verified by him or her and after being approved by a
majority of the board of county commissioners of the county shall be
filed with the clerk of the superior court and be approved by a judge
of the superior court of such county or any superior court judge
holding court in such county. The judge may make such investigation as
he or she deems necessary to determine the correctness of the claim and
may, after such investigation, approve or reject any part of such
claim. If the judge so approve the claim or any part thereof the same
shall be certified by the clerk under the seal of his or her office and
be returned to the county auditor who shall draw a warrant therefor.
The court shall not be required oftener than once in each month to pass
upon such claims and it may fix a time in each month by general order
filed with the clerk of the board of county commissioners on or before
which such claims must be filed with the clerk of the court.
Sec. 4068 RCW 36.32.330 and 1963 c 4 s 36.32.330 are each amended
to read as follows:
Any person may appeal to the superior court from any decision or
order of the board of county commissioners. Such appeal shall be taken
within twenty days after the decision or order, and the appellant shall
within that time serve notice of appeal on the county commissioners.
The notice shall be in writing and shall be delivered to at least one
of the county commissioners personally, or left with the county
auditor. The appellant shall, within ten days after service of the
notice of appeal give a bond to the county with one or more sureties,
to be approved by the county auditor, conditioned for the payment of
all costs which shall be adjudged against him or her on such appeal in
the superior court. The practice regulating appeals from and writs of
certiorari to justice's courts shall, insofar as applicable, govern in
matters of appeal from a decision or order of the board of county
commissioners.
Nothing herein contained shall be construed to prevent a party
having a claim against any county in this state from enforcing the
collection thereof by civil action in any court of competent
jurisdiction after the same has been presented to and filed as provided
by law and disallowed in whole or in part by the board of county
commissioners of the proper county. Such action must, however, be
commenced within the time limitation provided in RCW 36.45.030.
Sec. 4069 RCW 36.33.070 and 1963 c 4 s 36.33.070 are each amended
to read as follows:
Whenever the county treasurer deems it expedient and for the best
interests of the county he or she may invest any moneys in the county
current expense fund in outstanding warrants on the county tax refund
fund in the following manner: When he or she has determined the amount
of moneys in the county current expense fund available for investment,
he or she shall call, in the order of their issuance, a sufficient
number of warrants drawn on the county tax refund fund as nearly as
possible equaling in amount but not exceeding the moneys to be
invested, and upon presentation and surrender thereof he or she shall
pay to the holders of such warrants the face amount thereof and the
accrued interest thereon out of moneys in the county current expense
fund.
Sec. 4070 RCW 36.33.080 and 1963 c 4 s 36.33.080 are each amended
to read as follows:
Upon receipt of any such warrant on the tax refund fund the county
treasurer shall enter the principal amount thereof, and accrued
interest thereon, as a suspense credit upon his or her records, and
shall hold the warrant until it with interest, if any, is paid in due
course out of the county tax refund fund, and upon such payment, the
amount thereof shall be restored to the county current expense fund.
The refund warrants held by the county treasurer shall continue to draw
interest until the payment thereof out of the county tax refund fund,
which interest accruing subsequent to acquisition of the warrants by
the county treasurer shall be paid into the county current expense
fund.
Sec. 4071 RCW 36.33.190 and 1963 c 4 s 36.33.190 are each amended
to read as follows:
The county treasurer shall cash any United States bonds owned by
the county as they mature or, with the approval of the state finance
committee and of the county finance committee, he or she may at any
time sell them. In either event he or she must return the proceeds
into the treasury.
Sec. 4072 RCW 36.34.070 and 1963 c 4 s 36.34.070 are each amended
to read as follows:
The board may advertise and sell used highway or other equipment
belonging to the county or to any taxing division thereof subject to
its jurisdiction in the manner prescribed for the sale of county
property, or it may trade it in on the purchase of new equipment. If
the board elects to trade in the used equipment it shall include in its
call for bids on the new equipment a notice that the county has for
sale or trade-in used equipment of a specified type and description
which will be sold or traded in on the same day and hour that the bids
on the new equipment are opened. Any bidder on the new equipment may
include in his or her offer to sell, an offer to accept the used
equipment as a part payment of the new equipment purchase price,
setting forth the amount of such allowance.
In determining the lowest and best bid on the new equipment the
board shall consider the net cost to the county of such new equipment
after trade-in allowances have been deducted. The board may accept the
new equipment bid of any bidder without trading in the used equipment
but may not require any such bidder to purchase the used equipment
without awarding the bidder the new equipment contract. Nothing in
this section shall bar anyone from making an offer for the purchase of
the used equipment independent of a bid on the new equipment and the
board shall consider such offers in relation to the trade-in allowances
offered to determine the net best sale and purchase combination for the
county.
Sec. 4073 RCW 36.34.150 and 1963 c 4 s 36.34.150 are each amended
to read as follows:
Any person desiring to lease county lands shall make application in
writing to the board of county commissioners. Each application shall
be accompanied by a deposit of not less than ten dollars or such other
sum as the county commissioners may require, not to exceed twenty-five
dollars. The deposit shall be in the form of a certified check or
certificate of deposit on some bank in the county, or may be paid in
cash. In case the lands applied for are leased at the time they are
offered, the deposit shall be returned to the applicant, but if the
party making application fails or refuses to comply with the terms of
his or her application and to execute the lease, the deposit shall be
forfeited to the county, and the board of county commissioners shall
pay the deposit over to the county treasurer, who shall place it to the
credit of the current expense fund.
Sec. 4074 RCW 36.34.200 and 1963 c 4 s 36.34.200 are each amended
to read as follows:
Upon the decision of the board of county commissioners to lease the
lands applied for, a lease shall be executed in duplicate to the lessee
by the ((chairman)) chair of the board and the county auditor, attested
by his or her seal of office, which lease shall also be signed by the
lessee. The lease shall refer to the order of the board directing the
lease, with a description of the lands conveyed, the periods of
payment, and the amounts to be paid for each period.
Sec. 4075 RCW 36.35.180 and 1998 c 106 s 17 are each amended to
read as follows:
Upon filing a copy of the summons and notice in the office of the
county clerk, service thereof as against every interest in and claim
against any and every part of the property described in such summons
and notice, and every person, firm, or corporation, except one who is
in the actual, open and notorious possession of any of the properties,
shall be had by publication in the official county newspaper for six
consecutive weeks; and no affidavit for publication of such summons and
notice shall be required. In case special assessments imposed by a
city or town against any of the real property described in the summons
and notice remain outstanding, a copy of the same shall be served on
the treasurer of the city or town within which such real property is
situated within five days after such summons and notice is filed.
The summons and notice in such action shall contain the title of
the court; specify in general terms the years for which the taxes were
levied and the amount of the taxes and the costs for which each tract
of land was sold; give the legal description of each tract of land
involved, and the tax record owner thereof during the years in which
the taxes for which the property was sold were levied; state that the
purpose of the action is to foreclose all adverse claims of every
nature in and to the property described, and to have the title of
existing liens and claims of every nature against the described real
property, except that of the county, forever barred.
The summons and notice shall also summon all persons, firms and
corporations claiming any right, title and interest in and to the
described real property to appear within sixty days after the date of
the first publication, specifying the day and year, and state in
writing what right, title and interest they have or claim to have in
and to the property described, and file the same with the clerk of the
court above named; and shall notify them that in case of their failure
so to do, judgment will be rendered determining that the title to the
real property is in the county free from all existing adverse
interests, rights or claims whatsoever: PROVIDED, That in case any of
the lands involved is in the actual, open and notorious possession of
anyone at the time the summons and notice is filed, as herein provided,
a copy of the same modified as herein specified shall be served
personally upon such person in the same manner as summons is served in
civil actions generally. The summons shall be substantially in the
form above outlined, except that in lieu of the statement relative to
the date and day of publication it shall require the person served to
appear within twenty days after the day of service, exclusive of the
date of service, and that the day of service need not be specified
therein, and except further that the recitals regarding the amount of
the taxes and costs and the years the same were levied, the legal
description of the land and the tax record owner thereof may be omitted
except as to the land occupied by the persons served.
Every summons and notice provided for in RCW 36.35.160 through
36.35.270 shall be subscribed by the prosecuting attorney of the
county, or by any successor or assign of the county or his or her
attorney, as the case may be, followed by the post office address of
the successor or assign.
Sec. 4076 RCW 36.35.190 and 1961 c 15 s 84.64.360 are each
amended to read as follows:
Any person, firm or corporation who or which may have been entitled
to redeem the property involved prior to the issuance of the
treasurer's deed to the county, and his or her or its successor in
interest, shall have the right, at any time after the commencement of,
and prior to the judgment in the action authorized herein, to redeem
such property by paying to the county treasurer the amount of the taxes
for which the property was sold to the county, and the amount of any
other general taxes which may have accrued prior to the issuance of
said treasurer's deed, together with interest on all such taxes from
the date of delinquency thereof, respectively, at the rate of twelve
percent per annum, and by paying for the benefit of the assessment
district concerned the amount of principal, penalty and interest of all
special assessments, if any, which shall have been levied against such
property and by paying such proportional part of the costs of the tax
foreclosure proceedings and of the action herein authorized as the
county treasurer shall determine.
Upon redemption of any property before judgment as herein provided,
the county treasurer shall issue to the redemptioner a certificate
specifying the amount of the taxes, special assessments, penalty,
interest and costs charged describing the land and stating that the
taxes, special assessments, penalty, interest and costs specified have
been fully paid, and the lien thereof discharged. Such certificate
shall clear the land described therein from any claim of the county
based on the treasurer's deed previously issued in the tax foreclosure
proceedings.
Sec. 4077 RCW 36.35.220 and 1961 c 15 s 84.64.390 are each
amended to read as follows:
Any person filing a statement in such action shall pay the clerk of
the court an appearance fee in the amount required by the county for
appearances in civil actions, and shall be required to tender the
amount of all taxes, interest and costs charged against the real
property to which he or she lays claim, and no further costs in such
action shall be required or recovered.
Sec. 4078 RCW 36.35.230 and 1988 c 202 s 71 are each amended to
read as follows:
Any person aggrieved by the judgment rendered in such action may
seek appellate review of the part of said judgment objectionable to him
or her in the manner and within the time prescribed for appeals in RCW
84.64.120.
Sec. 4079 RCW 36.35.240 and 1961 c 15 s 84.64.410 are each
amended to read as follows:
The judgment rendered in such action, unless appealed from within
the time prescribed herein and upon final judgment on appeal, shall be
conclusive, without the right of redemption upon and against every
person who may or could claim any lien or any right, title or interest
in or to any of the properties involved in said action, including
minors, insane persons, those convicted of crime, as well as those free
from disability, and against those who may have at any time attempted
to pay any tax on any of the properties, and against those in actual
open and notorious possession of any of said properties.
Such judgment shall be conclusive as to those who appeal therefrom,
except as to the particular property to which such appellant laid claim
in the action and concerning which he or she appealed, and shall be
conclusive as to those in possession of any property and who were not
served except as to the property which such person is in the actual,
open and notorious possession of, and in any case where it is asserted
that the judgment was not conclusive because of such possession, the
burden of showing such actual, open and notorious possession shall be
on the one asserting such possession.
Sec. 4080 RCW 36.38.020 and 1979 c 151 s 38 are each amended to
read as follows:
In addition to the provisions levying and fixing the amount of tax,
the ordinance may contain any or all of the following provisions:
(1) A provision defining the words and terms used therein;
(2) A provision requiring the price (exclusive of the tax to be
paid by the person paying for admission) at which every admission
ticket or card is sold to be conspicuously and indelibly printed or
written on the face or back of that part of the ticket which is to be
taken up by the management of the place for which an admission charge
is exacted, and making the violation of such provision a misdemeanor
punishable by fine of not exceeding one hundred dollars;
(3) Provisions fixing reasonable exemptions from such tax;
(4) Provisions allowing as an offset against the tax, the amount of
like taxes levied, fixed, and collected within their jurisdiction by
incorporated cities and towns in the county;
(5) A provision requiring persons receiving payments for admissions
taxed under said ordinance to collect the amount of the tax from the
persons making such payments;
(6) A provision to the effect that the tax imposed by said
ordinance shall be deemed to be held in trust by the person required to
collect the same until paid to the county treasurer, and making it a
misdemeanor for any person receiving payment of the tax and
appropriating or converting the same to his or her own use or to any
use other than the payment of the tax as provided in said ordinance to
the extent that the amount of such tax is not available for payment on
the due date for filing returns as provided in said ordinance;
(7) A provision that in case any person required by the ordinance
to collect the tax imposed thereby fails to collect the same, or having
collected the tax fails to pay the same to the county treasurer in the
manner prescribed by the ordinance, whether such failure is the result
of such person's own acts or the result of acts or conditions beyond
such person's control, such person shall nevertheless be personally
liable to the county for the amount of the tax;
(8) Provisions fixing the time when the taxes imposed by the
ordinance shall be due and payable to the county treasurer; requiring
persons receiving payments for admissions to make periodic returns to
the county treasurer on such forms and setting forth such information
as the county treasurer may specify; requiring such return to show the
amount of tax upon admissions for which such person is liable for
specified preceding periods, and requiring such person to sign and
transmit the same to the county treasurer together with a remittance
for the amount;
(9) A provision requiring taxpayers to file with the county
treasurer verified annual returns setting forth such additional
information as he or she may deem necessary to determine tax liability
correctly;
(10) A provision to the effect that whenever a certificate of
registration, if required by the ordinance, is obtained for operating
or conducting temporary places of amusement by persons who are not the
owners, lessees, or custodians of the building, lot or place where the
amusement is to be conducted, or whenever the business is permitted to
be conducted without the procurement of a certificate, the tax imposed
shall be returned and paid as provided in the ordinance by such owner,
lessee, or custodian, unless paid by the person conducting the place of
amusement;
(11) A provision requiring the applicant for a temporary
certificate of registration, if required by the ordinance, to furnish
with the application therefor, the name and address of the owner,
lessee, or custodian of the premises upon which the amusement is to be
conducted, and requiring the county treasurer to notify such owner,
lessee, or custodian of the issuance of any such temporary certificate,
and of the joint liability for such tax;
(12) A provision empowering the county treasurer to declare the tax
upon temporary or itinerant places of amusement to be immediately due
and payable and to collect the same, when he or she believes there is
a possibility that the tax imposed under the ordinance will not be
otherwise paid;
(13) Any or all of the applicable general administrative provisions
contained in RCW 82.32.010 through 82.32.340 and 82.32.380, and the
amendments thereto, except that unless otherwise indicated by the
context of said sections, in all provisions so incorporated in such
ordinance (a) the term "county treasurer" (of the county enacting said
ordinance) shall be substituted for each reference made in said
sections to the "department," the "department of revenue," "any
employee of the department," or "director of the department of
revenue"; (b) the name of the county enacting such ordinance shall be
substituted for each reference made in said sections to the "state" or
to the "state of Washington"; (c) the term "this ordinance" shall be
substituted for each reference made in said sections to "this chapter";
(d) the name of the county enacting said ordinance shall be substituted
for each reference made in said sections to "Thurston county"; and (e)
the term "board of county commissioners" shall be substituted for each
reference made in said sections to the "director of financial
management."
Sec. 4081 RCW 36.40.010 and 1963 c 4 s 36.40.010 are each amended
to read as follows:
On or before the second Monday in July of each year the county
auditor shall notify in writing each county official, elective or
appointive, in charge of an office, department, service, or institution
of the county, to file with him or her on or before the second Monday
in August thereafter detailed and itemized estimates, both of the
probable revenues from sources other than taxation, and of all
expenditures required by such office, department, service, or
institution for the ensuing fiscal year.
Sec. 4082 RCW 36.40.130 and 1963 c 4 s 36.40.130 are each amended
to read as follows:
Expenditures made, liabilities incurred, or warrants issued in
excess of any of the detailed budget appropriations or as revised by
transfer as in RCW 36.40.100, 36.40.110 or 36.40.120 provided shall not
be a liability of the county, but the official making or incurring such
expenditure or issuing such warrant shall be liable therefor personally
and upon his or her official bond. The county auditor shall issue no
warrant and the county commissioners shall approve no claim for any
expenditure in excess of the detailed budget appropriations or as
revised under the provisions of RCW 36.40.100 through 36.40.130, except
upon an order of a court of competent jurisdiction, or for emergencies
as hereinafter provided. Any county commissioner, or county auditor,
approving any claim or issuing any warrant in excess of any such budget
appropriation except as herein provided shall forfeit to the county
fourfold the amount of such claim or warrant which shall be recovered
by action against such county commissioner or auditor, or all of them,
and the several sureties on their official bonds.
Sec. 4083 RCW 36.40.210 and 1963 c 4 s 36.40.210 are each amended
to read as follows:
On or before the twenty-fifth day of each month the auditor shall
submit to the board of county commissioners a report showing the
expenditures and liabilities against each separate budget appropriation
incurred during the preceding calendar month and like information for
the whole of the current fiscal year to the first day of said month,
together with the unexpended and unencumbered balance of each
appropriation. He or she shall also set forth the receipts from taxes
and from sources other than taxation for the same periods.
Sec. 4084 RCW 36.48.040 and 1963 c 4 s 36.48.040 are each amended
to read as follows:
The county treasurer shall deposit with any depositary, which has
fully complied with all requirements of RCW 36.48.010 through
36.48.060, any county money in his or her hands or under his or her
official control, and for the purpose of making the quarterly
settlement and counting funds in the hands of the treasurer any sums so
on deposit shall be deemed to be in the county treasury.
Sec. 4085 RCW 36.48.050 and 1963 c 4 s 36.48.050 are each amended
to read as follows:
The provisions of RCW 36.48.010 through 36.48.060 shall in no way
relieve or release the county treasurer from any liability upon his or
her official bond as such treasurer, or any surety upon such bond, and
shall in no way affect the duty of the several county treasurers to
give bond as required by law.
Sec. 4086 RCW 36.53.030 and 1963 c 4 s 36.53.030 are each amended
to read as follows:
No license shall be granted to any person other than the owner of
the land embracing or adjoining the lake or stream where the ferry is
proposed to be kept, unless the owner neglects to apply therefor.
Whenever application for a license is made by any person other than the
owner, the board of county commissioners shall not grant it, unless
proof is made that the applicant caused notice, in writing, of his or
her intention to make such application to be given to such owner, if
residing in the county, at least ten days before the session of the
board of county commissioners at which application is made.
Sec. 4087 RCW 36.53.040 and 1963 c 4 s 36.53.040 are each amended
to read as follows:
Every person intending to apply for a license to keep a ferry at
any place shall give notice of his or her intention by posting up at
least three notices in public places in the neighborhood where the
ferry is proposed to be kept, twenty days prior to any regular session
of the board of county commissioners at which the application is to be
made.
Sec. 4088 RCW 36.53.060 and 1963 c 4 s 36.53.060 are each amended
to read as follows:
Every person obtaining a license to keep a ferry shall provide and
keep in good and complete repair the necessary boat or boats for the
safe conveyance of all persons and property, and furnish such boats at
all times with suitable oars, setting poles, and other implements
necessary for the service thereof, and shall keep a sufficient number
of discreet and skillful men or women ferry workers to attend and
manage the same; and he or she shall also at all times keep the place
of embarking and landing in good order and repair, by cutting away the
bank of the stream so that persons and property may be embarked and
landed without danger or unnecessary delay.
Sec. 4089 RCW 36.53.100 and 1963 c 4 s 36.53.100 are each amended
to read as follows:
Every person licensed to keep a ferry shall post up, in some
conspicuous place near his or her ferry landing a list of the rates of
ferriage which are chargeable by law at such ferry, which list of rates
shall at all times be plain and legible and posted up so near the place
where persons pass across the ferry that it may be easily read. If the
keeper neglects or refuses to post and keep up such list, it shall not
be lawful to charge or take any ferriage or compensation at the ferry,
during the time of such delinquency.
Sec. 4090 RCW 36.53.120 and 1963 c 4 s 36.53.120 are each amended
to read as follows:
Every person licensed to keep a ferry under the provisions of RCW
36.53.010 through 36.53.140 shall have the exclusive privilege of
transporting all persons and property over and across the stream where
the ferry is established, and shall be entitled to all the fare arising
by law therefrom: PROVIDED, That any person may cross such stream at
the ferry location in his or her own boat, or take in and carry over
his or her neighbor, when done without fee or charge, and not with
intent to injure the person licensed to keep a ferry.
Sec. 4091 RCW 36.53.130 and 1963 c 4 s 36.53.130 are each amended
to read as follows:
If any person licensed to keep a ferry fails to pay the taxes
assessed thereon when due, or to provide and keep in good and complete
repair the necessary boat or boats, with the oars, setting poles, and
other necessary implements for the service thereof, or to employ a
sufficient number of skilled and discreet ((ferrymen)) ferry workers
within three months from the time license is granted, or if the ferry
is not at any time kept in good condition and repair, or if it is
abandoned, disused, or unfrequented for the space of six months at any
one time, the board of county commissioners, on complaint being made in
writing, may summon the person licensed to keep such ferry, to show
cause why his or her license should not be revoked. The board may
revoke or not according to the testimony adduced and the laws of this
state, the decision subject to review by the superior court: PROVIDED,
That if disuse resulted because the stream is fordable at certain
seasons of the year, or because travel by that route is subject to
periodical fluctuations, it shall not work a forfeiture within the
meaning of this section.
Sec. 4092 RCW 36.54.040 and 1963 c 4 s 36.54.040 are each amended
to read as follows:
The boards of county commissioners of the two counties,
participating in a joint ferry, shall meet in joint session at the
county seat of one of the counties interested, and shall elect one of
their members as ((chairman)) chair of the joint board of
commissioners, who shall act as such ((chairman)) chair during the
remainder of his or her term of office, and, at the expiration of his
or her term of office, the two boards of county commissioners shall
meet and elect a new ((chairman)) chair, who shall act as such
((chairman)) chair during his or her term of office as county
commissioner, and they shall continue to elect a ((chairman)) chair in
like manner thereafter. The county auditors of the counties shall be
clerks of such joint commission, and the county auditor of the county
where each meeting is held shall act as clerk of the commission at all
meetings held in his or her county. Each county auditor, as soon as
the joint commission is organized, shall procure a record book and
enter therein a complete record of the proceedings of the commission,
and immediately after each adjournment the county auditor of the county
in which the meeting is held shall forward a complete copy of the
minutes of the proceedings of the commission to the auditor of the
other county to be entered by him or her in his or her record. Each
county shall keep a complete record of the proceedings of the
commission.
Sec. 4093 RCW 36.54.060 and 1963 c 4 s 36.54.060 are each amended
to read as follows:
All claims and accounts for the construction, operation and
maintenance of a joint county ferry shall be presented to and audited
by the joint commission: PROVIDED, That items of expense connected
with the operation of such ferry which do not exceed the sum of thirty
dollars may be presented to the ((chairman)) chair of the joint
commission and allowed by him or her and when allowed shall be a joint
charge against the road fund of each of the counties operating such
ferry.
Sec. 4094 RCW 36.55.050 and 1963 c 4 s 36.55.050 are each amended
to read as follows:
The hearing may be adjourned from time to time by the order of the
board of county commissioners. If, after the hearing, the board deems
it to be for the public interest to grant the franchise in whole or in
part, it may make and enter a resolution to that effect and may require
the applicant to place his or her utility and its appurtenances in such
location on or along the county road as the board finds will cause the
least interference with other uses of the road.
Sec. 4095 RCW 36.57.050 and 1974 ex.s. c 167 s 5 are each amended
to read as follows:
The authority shall elect a ((chairman)) chair, and appoint a
general manager who shall be experienced in administration, and who
shall act as executive secretary to, and administrative officer for the
authority. He or she shall also be empowered to employ such technical
and other personnel as approved by the authority. The general manager
shall be paid such salary and allowed such expenses as shall be
determined by the authority. The general manager shall hold office at
the pleasure of the authority, and shall not be removed until after
notice is given him or her, and an opportunity for a hearing before the
authority as to the reason for his or her removal.
Sec. 4096 RCW 36.57.090 and 1974 ex.s. c 167 s 9 are each amended
to read as follows:
A county transportation authority may acquire any existing
transportation system by conveyance, sale, or lease. In any purchase
from a county or city, the authority shall receive credit from the
county or city for any federal assistance and state matching assistance
used by the county or city in acquiring any portion of such system.
The authority shall assume and observe all existing labor contracts
relating to such system and, to the extent necessary for operation of
facilities, all of the employees of such acquired transportation system
whose duties are necessary to operate efficiently the facilities
acquired shall be appointed to comparable positions to those which they
held at the time of such transfer, and no employee or retired or
pensioned employee of such systems shall be placed in any worse
position with respect to pension seniority, wages, sick leave, vacation
or other benefits that he or she enjoyed as an employee of such system
prior to such acquisition. The authority shall engage in collective
bargaining with the duly appointed representatives of any employee
labor organization having existing contracts with the acquired
transportation system and may enter into labor contracts with such
employee labor organization.
Sec. 4097 RCW 36.57A.050 and 2007 c 469 s 14 are each amended to
read as follows:
Within sixty days of the establishment of the boundaries of the
public transportation benefit area the members of the county
legislative authority and the elected representative of each city
within the area shall provide for the selection of the governing body
of such area, the public transportation benefit area authority, which
shall consist of elected officials selected by and serving at the
pleasure of the governing bodies of component cities within the area
and the county legislative authority of each county within the area.
If at the time a public transportation benefit area authority assumes
the public transportation functions previously provided under the
Interlocal Cooperation Act (chapter 39.34 RCW) there are citizen
positions on the governing board of the transit system, those positions
may be retained as positions on the governing board of the public
transportation benefit area authority.
Within such sixty-day period, any city may by resolution of its
legislative body withdraw from participation in the public
transportation benefit area. The county legislative authority and each
city remaining in the public transportation benefit area may disapprove
and prevent the establishment of any governing body of a public
transportation benefit area if the composition thereof does not meet
its approval.
In no case shall the governing body of a single county public
transportation benefit area be greater than nine members and in the
case of a multicounty area, fifteen members. Those cities within the
transportation benefit area and excluded from direct membership on the
authority are hereby authorized to designate a member of the authority
who shall be entitled to represent the interests of such city which is
excluded from direct membership on the authority. The legislative body
of such city shall notify the authority as to the determination of its
authorized representative on the authority.
Each member of the authority is eligible to be reimbursed for
travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to
receive compensation, as set by the authority, in an amount not to
exceed forty-four dollars for each day during which the member attends
official meetings of the authority or performs prescribed duties
approved by the ((chairman)) chair of the authority. Except that the
authority may, by resolution, increase the payment of per diem
compensation to each member from forty-four dollars up to ninety
dollars per day or portion of a day for actual attendance at board
meetings or for performance of other official services or duties on
behalf of the authority. In no event may a member be compensated in
any year for more than seventy-five days, except the ((chairman)) chair
who may be paid compensation for not more than one hundred days:
PROVIDED, That compensation shall not be paid to an elected official or
employee of federal, state, or local government who is receiving
regular full-time compensation from such government for attending
meetings and performing prescribed duties of the authority.
The dollar thresholds established in this section must be adjusted
for inflation by the office of financial management every five years,
beginning July 1, 2008, based upon changes in the consumer price index
during that time period. "Consumer price index" means, for any
calendar year, that year's annual average consumer price index, for
Washington state, for wage earners and clerical workers, all items,
compiled by the bureau of labor and statistics, United States
department of labor. If the bureau of labor and statistics develops
more than one consumer price index for areas within the state, the
index covering the greatest number of people, covering areas
exclusively within the boundaries of the state, and including all items
shall be used for the adjustments for inflation in this section. The
office of financial management must calculate the new dollar threshold
and transmit it to the office of the code reviser for publication in
the Washington State Register at least one month before the new dollar
threshold is to take effect.
A person holding office as commissioner for two or more special
purpose districts shall receive only that per diem compensation
authorized for one of his or her commissioner positions as compensation
for attending an official meeting or conducting official services or
duties while representing more than one of his or her districts.
However, such commissioner may receive additional per diem compensation
if approved by resolution of all boards of the affected commissions.
Sec. 4098 RCW 36.57A.120 and 1975 1st ex.s. c 270 s 22 are each
amended to read as follows:
If a public transportation benefit area shall acquire any existing
transportation system, it shall assume and observe all existing labor
contracts relating to such system and, to the extent necessary for
operation of facilities, all of the employees of such acquired
transportation system whose duties are necessary to operate efficiently
the facilities acquired shall be appointed to comparable positions to
those which they held at the time of such transfer, and no employee or
retired or pensioned employee of such systems shall be placed in any
worse position with respect to pension seniority, wages, sick leave,
vacation or other benefits that he or she enjoyed as an employee of
such system prior to such acquisition. The public transportation
benefit area authority shall engage in collective bargaining with the
duly appointed representatives of any employee labor organization
having existing contracts with the acquired transportation system and
may enter into labor contracts with such employee labor organization.
Sec. 4099 RCW 36.63.255 and 1981 c 136 s 60 are each amended to
read as follows:
Any person imprisoned in a county jail pending the appeal of his or
her conviction of a felony and who has not obtained bail bond pending
his or her appeal shall be transferred after thirty days but within
forty days from the date judgment was entered against him or her to a
state institution for felons designated by the secretary of
corrections: PROVIDED, That when good cause is shown, a superior court
judge may order the prisoner detained in the county jail beyond said
forty days for an additional period not to exceed ten days.
Sec. 4100 RCW 36.64.090 and 1965 ex.s. c 84 s 2 are each amended
to read as follows:
The governing bodies of the counties and cities so associated in a
conference shall adopt articles of association and bylaws, select a
((chairman)) chair and such other officers as they may determine, and
may employ and discharge such agents and employees as the officers deem
convenient to carry out the purposes of the conference.
Sec. 4101 RCW 36.67.530 and 1983 c 167 s 80 are each amended to
read as follows:
(1) When revenue bonds are issued for authorized purposes, said
bonds shall be either registered as to principal only or as to
principal and interest as provided in RCW 39.46.030, or shall be bearer
bonds; shall be in such denominations, shall be numbered, shall bear
such date, shall be payable at such time or times up to a maximum
period of not to exceed thirty years and payable at the office of the
county treasurer, and such other places as determined by the county
legislative authority of the county; shall bear interest payable and
evidenced to maturity on bonds not registered as to interest by coupons
attached to said bonds bearing a coupon interest rate or rates as
authorized by the county legislative authority; shall be executed by
the ((chairman)) chair of the county legislative authority, and
attested by the clerk of the legislative authority, and the seal of
such legislative authority shall be affixed to each bond, but not to
any coupon; and may have facsimile signatures of the ((chairman)) chair
and the clerk imprinted on each bond and any interest coupons in lieu
of original signatures and the facsimile seal imprinted on each bond.
(2) Notwithstanding subsection (1) of this section, such bonds may
be issued and sold in accordance with chapter 39.46 RCW.
Sec. 4102 RCW 36.68.060 and 1963 c 4 s 36.68.060 are each amended
to read as follows:
The county park and recreation board:
(1) Shall elect its officers, including a ((chairman)) chair, vice
((chairman)) chair and secretary, and such other officers as it may
determine it requires.
(2) Shall hold regular public meetings at least monthly.
(3) Shall adopt rules for transaction of business and shall keep a
written record of its meetings, resolutions, transactions, findings and
determinations, which record shall be a public record.
(4) Shall initiate, direct, and administer county recreational
activities, and shall select and employ a county park and recreation
superintendent and such other properly qualified employees as it may
deem desirable.
(5) Shall improve, operate, and maintain parks, playgrounds, and
other recreational facilities, together with all structures and
equipment useful in connection therewith, and may recommend to the
board of county commissioners acquisition of real property.
(6) Shall promulgate and enforce reasonable rules and regulations
deemed necessary in the operation of parks, playgrounds, and other
recreational facilities, and may recommend to the board of county
commissioners adoption of any rules or regulations requiring
enforcement by legal process which relate to parks, playgrounds, or
other recreational facilities.
(7) Shall each year submit to the board of county commissioners for
approval a proposed budget for the following year in the manner
provided by law for the preparation and submission of budgets by
elective or appointive county officials.
(8) May, subject to the approval of the board of county
commissioners, enter into contracts with any other municipal
corporation, governmental or private agency for the conduct of park and
recreational programs.
Sec. 4103 RCW 36.69.120 and 1963 c 4 s 36.69.120 are each amended
to read as follows:
The park and recreation district board of commissioners shall:
(1) Elect its officers including a ((chairman)) chair, vice
((chairman)) chair, secretary, and such other officers as it may
determine it requires;
(2) Hold regular public meetings at least monthly;
(3) Adopt policies governing transaction of board business, keeping
of records, resolutions, transactions, findings and determinations,
which shall be of public record;
(4) Initiate, direct and administer district park and recreation
activities, and select and employ such properly qualified employees as
it may deem necessary.
Sec. 4104 RCW 36.69.230 and 1963 c 4 s 36.69.230 are each amended
to read as follows:
If such local improvement district is initiated by petition, such
petition shall set forth the nature and territorial extent of the
proposed improvement requested to be ordered and the fact that the
signers thereof are the owners (according to the records of the county
auditor) of at least fifty-one percent of the area of land within the
limits of the local improvement district to be created. Upon the
filing of such petition the board of park and recreation commissioners
shall determine whether it is sufficient, and the board's determination
thereof shall be conclusive upon all persons. No person shall withdraw
his or her name from the petition after it has been filed with the
board. If the board shall find the petition to be sufficient, it shall
proceed to adopt a resolution declaring its intention to order the
improvement petitioned for, setting forth the nature and territorial
extent of said improvement, designating the number of the proposed
local district and describing the boundaries thereof, stating the
estimated cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within the proposed
local district, and fixing a date, time and place for a public hearing
on the formation of the proposed local district.
The resolution of intention, whether adopted on the initiative of
the board or pursuant to a petition of the property owners, shall be
published in at least two consecutive issues of a newspaper of general
circulation in the proposed local district, the date of the first
publication to be at least fifteen days prior to the date fixed by such
resolution for hearing before the board.
Sec. 4105 RCW 36.69.370 and 1983 c 167 s 86 are each amended to
read as follows:
(1) When revenue bonds are issued for authorized purposes, said
bonds shall be either registered as to principal only or principal and
interest as provided in RCW 39.46.030 or shall be bearer bonds; shall
be in such denominations, shall be numbered, shall bear such date,
shall be payable at such time or times up to a maximum period of not to
exceed thirty years and payable as determined by the park and
recreation commissioners of the district; shall bear interest payable
semiannually; shall be executed by the ((chairman)) chair of the board
of park and recreation commissioners, and attested by the secretary of
the board, and the seal of such board shall be affixed to each bond,
but not to any coupon; and may have facsimile signatures of the
((chairman)) chair and the secretary imprinted on any interest coupons
in lieu of original signatures.
(2) Notwithstanding subsection (1) of this section, such bonds may
be issued and sold in accordance with chapter 39.46 RCW.
Sec. 4106 RCW 36.70.020 and 1963 c 4 s 36.70.020 are each amended
to read as follows:
The following words or terms as used in this chapter shall have the
following meaning unless a different meaning is clearly indicated by
the context:
(1) "Approval by motion" is a means by which a board, through other
than by ordinance, approves and records recognition of a comprehensive
plan or amendments thereto.
(2) "Board" means the board of county commissioners.
(3) "Certification" means the affixing on any map or by adding to
any document comprising all or any portion of a comprehensive plan a
record of the dates of action thereon by the commission and by the
board, together with the signatures of the officer or officers
authorized by ordinance to so sign.
(4) "Commission" means a county or regional planning commission.
(5) "Commissioners" means members of a county or regional planning
commission.
(6) "Comprehensive plan" means the policies and proposals approved
and recommended by the planning agency or initiated by the board and
approved by motion by the board (a) as a beginning step in planning for
the physical development of the county; (b) as the means for
coordinating county programs and services; (c) as a source of reference
to aid in developing, correlating, and coordinating official
regulations and controls; and (d) as a means for promoting the general
welfare. Such plan shall consist of the required elements set forth in
RCW 36.70.330 and may also include the optional elements set forth in
RCW 36.70.350 which shall serve as a policy guide for the subsequent
public and private development and official controls so as to present
all proposed developments in a balanced and orderly relationship to
existing physical features and governmental functions.
(7) "Conditional use" means a use listed among those classified in
any given zone but permitted to locate only after review by the board
of adjustment, or zoning adjustor if there be such, and the granting of
a conditional use permit imposing such performance standards as will
make the use compatible with other permitted uses in the same vicinity
and zone and assure against imposing excessive demands upon public
utilities, provided the county ordinances specify the standards and
criteria that shall be applied.
(8) "Department" means a planning department organized and
functioning as any other department in any county.
(9) "Element" means one of the various categories of subjects, each
of which constitutes a component part of the comprehensive plan.
(10) "Ex officio member" means a member of the commission who
serves by virtue of his or her official position as head of a
department specified in the ordinance creating the commission.
(11) "Official controls" means legislatively defined and enacted
policies, standards, precise detailed maps and other criteria, all of
which control the physical development of a county or any part thereof
or any detail thereof, and are the means of translating into
regulations and ordinances all or any part of the general objectives of
the comprehensive plan. Such official controls may include, but are
not limited to, ordinances establishing zoning, subdivision control,
platting, and adoption of detailed maps.
(12) "Ordinance" means a legislative enactment by a board; in this
chapter the word, "ordinance", is synonymous with the term
"resolution", as representing a legislative enactment by a board of
county commissioners.
(13) "Planning agency" means (a) a planning commission, together
with its staff members, employees and consultants, or (b) a department
organized and functioning as any other department in any county
government together with its planning commission.
(14) "Variance." A variance is the means by which an adjustment is
made in the application of the specific regulations of a zoning
ordinance to a particular piece of property, which property, because of
special circumstances applicable to it, is deprived of privileges
commonly enjoyed by other properties in the same vicinity and zone and
which adjustment remedies disparity in privileges.
Sec. 4107 RCW 36.70.080 and 1963 c 4 s 36.70.080 are each amended
to read as follows:
The members of a commission shall be appointed by the ((chairman))
chair of the board with the approval of a majority of the board:
PROVIDED, That each member of the board shall submit to the
((chairman)) chair a list of nominees residing in his or her
commissioner district, and the ((chairman)) chair shall make his or her
appointments from such lists so that as nearly as mathematically
possible, each commissioner district shall be equally represented on
the commission.
Sec. 4108 RCW 36.70.090 and 1963 c 4 s 36.70.090 are each amended
to read as follows:
When a commission is created after June 10, 1959, the first terms
of the members of the commission consisting of five, seven, and nine
members, respectively, other than ex officio members, shall be as
follows:
(1) For a five-member commission -- one, shall be appointed for one
year; one, for two years; one, for three years; and two, for four
years.
(2) For a seven-member commission -- one, shall be appointed for one
year; two, for two years; two, for three years; and two, for four
years.
(3) For a nine-member commission -- two, shall be appointed for one
year; two, for two years; two, for three years; and three, for four
years.
Thereafter, the successors to the first member shall be appointed
for four year terms: PROVIDED, That where the commission includes one
ex officio member, the number of appointive members first appointed for
a four year term shall be reduced by one; if there are to be two ex
officio members, the number of appointive members for the three year
and four year terms shall each be reduced by one; if there are to be
three ex officio members, the number of appointive members for the four
year term, the three year term, and the two year term shall each be
reduced by one. The term of an ex officio member shall correspond to
his or her official tenure: PROVIDED FURTHER, That where a commission,
on the effective date of this chapter, is operating with members
appointed for longer than four year terms, such members shall serve out
the full term for which they were appointed, but their successors, if
any, shall be appointed for four year terms.
Sec. 4109 RCW 36.70.110 and 1963 c 4 s 36.70.110 are each amended
to read as follows:
After public hearing, any appointee member of a commission may be
removed by the ((chairman)) chair of the board, with the approval of
the board, for inefficiency, neglect of duty, or malfeasance in office.
Sec. 4110 RCW 36.70.120 and 1963 c 4 s 36.70.120 are each amended
to read as follows:
Each commission shall elect its ((chairman)) chair and vice
((chairman)) chair from among the appointed members. The commission
shall appoint a secretary who need not be a member of the commission.
Sec. 4111 RCW 36.70.150 and 1963 c 4 s 36.70.150 are each amended
to read as follows:
Two or more county planning agencies in any combination may hold
joint meetings and by approval of their respective boards may have the
same ((chairman)) chair.
Sec. 4112 RCW 36.70.160 and 1963 c 4 s 36.70.160 are each amended
to read as follows:
If a director of planning is provided for, he or she shall be
appointed:
(1) By the commission when a commission is created under RCW
36.70.030;
(2) If a planning department is established as provided in RCW
36.70.040, then he or she shall be appointed by the board.
Sec. 4113 RCW 36.70.170 and 1963 c 4 s 36.70.170 are each amended
to read as follows:
The director of planning shall be authorized to appoint such
employees as are necessary to perform the duties assigned to him or her
within the budget allowed.
Sec. 4114 RCW 36.70.180 and 1963 c 4 s 36.70.180 are each amended
to read as follows:
The boards of two or more counties or the legislative bodies of
other political subdivisions or special districts may jointly engage a
single director of planning and may authorize him or her to employ such
other personnel as may be necessary to carry out the joint planning
program.
Sec. 4115 RCW 36.70.250 and 1963 c 4 s 36.70.250 are each amended
to read as follows:
Any member of the board of adjustment may be removed by the
((chairman)) chair of the board with the approval of the board for
inefficiency, neglect of duty or malfeasance in office.
Sec. 4116 RCW 36.70.260 and 1963 c 4 s 36.70.260 are each amended
to read as follows:
The board of adjustment shall elect a ((chairman)) chair and vice
((chairman)) chair from among its members. The board of adjustment
shall appoint a secretary who need not be a member of the board.
Sec. 4117 RCW 36.70.400 and 1963 c 4 s 36.70.400 are each amended
to read as follows:
The approval of the comprehensive plan, or of any amendment,
extension or addition thereto, shall be by the affirmative vote of not
less than a majority of the total members of the commission. Such
approval shall be by a recorded motion which shall incorporate the
findings of fact of the commission and the reasons for its action and
the motion shall refer expressly to the maps, descriptive, and other
matters intended by the commission to constitute the plan or amendment,
addition or extension thereto. The indication of approval by the
commission shall be recorded on the map and descriptive matter by the
signatures of the ((chairman)) chair and the secretary of the
commission and of such others as the commission in its rules may
designate.
Sec. 4118 RCW 36.70.600 and 1963 c 4 s 36.70.600 are each amended
to read as follows:
The recommendation to the board of any official control or
amendments thereto by the planning agency shall be by the affirmative
vote of not less than a majority of the total members of the
commission. Such approval shall be by a recorded motion which shall
incorporate the findings of fact of the commission and the reasons for
its action and the motion shall refer expressly to the maps,
descriptive and other matters intended by the commission to constitute
the plan, or amendment, addition or extension thereto. The indication
of approval by the commission shall be recorded on the map and
descriptive matter by the signatures of the ((chairman)) chair and the
secretary of the commission and of such others as the commission in its
rules may designate.
Sec. 4119 RCW 36.70.850 and 1963 c 4 s 36.70.850 are each amended
to read as follows:
Upon the filing of an appeal from an administrative determination,
or from the action of the zoning adjustor, the board of adjustment
shall set the time and place at which the matter will be considered.
At least a ten day notice of such time and place together with one copy
of the written appeal, shall be given to the official whose decision is
being appealed. At least ten days notice of the time and place shall
also be given to the adverse parties of record in the case. The
officer from whom the appeal is being taken shall forthwith transmit to
the board of adjustment all of the records pertaining to the decision
being appealed from, together with such additional written report as he
or she deems pertinent.
Sec. 4120 RCW 36.70.880 and 1963 c 4 s 36.70.880 are each amended
to read as follows:
The action by the zoning adjustor on all matters coming before him
or her shall be final and conclusive unless within ten days after the
zoning adjustor has made his or her order, requirement, decision or
determination, an appeal in writing is filed with the board of
adjustment. Such an appeal may be taken by the original applicant, or
by opponents of record in the case.
Sec. 4121 RCW 36.71.020 and 1985 c 91 s 3 are each amended to
read as follows:
Every peddler, before commencing business in any county of the
state, shall apply in writing and under oath to the appropriate county
official of the county in which he or she proposes to operate for a
county license. The application must state the names and residences of
the owners or parties in whose interest the business is to be
conducted. The applicant at the same time shall file a true statement
under oath of the quantity and value of the stock of goods, wares, and
merchandise that is in the county for sale or to be kept or exposed for
sale in the county, make a special deposit of five hundred dollars, and
pay the county license fee as may be fixed under the authority of RCW
36.32.120(3).
The appropriate county official shall thereupon issue to the
applicant a peddler's license, authorizing him or her to do business in
the county for the term of one year from the date thereof. Every
county license shall contain a copy of the application therefor, shall
not be transferable, and shall not authorize more than one person to
sell goods as a peddler, either by agent or clerk, or in any other way
than his or her own proper person.
Sec. 4122 RCW 36.71.040 and 1985 c 91 s 5 are each amended to
read as follows:
Upon the expiration and return of a county license, the appropriate
county official shall cancel it, indorse thereon the cancellation, and
place it on file. After holding the special deposit of the licensee
for a period of ninety days from the date of cancellation, he or she
shall return the deposit or such portion as may remain in his or her
hands after satisfying the claims made against it.
Sec. 4123 RCW 36.71.050 and 1985 c 91 s 6 are each amended to
read as follows:
Each deposit made with the county shall be subject to all taxes
legally chargeable thereto, to attachment and execution on behalf of
the creditors of the licensee whose claims arise in connection with the
business done under his or her license, and the county may be held to
answer as trustee in any civil action in contract or tort brought
against any licensee, and shall pay over, under order of the court or
upon execution, such amount of money as the licensee may be chargeable
with upon the final determination of the case. Such deposit shall also
be subject to the payment of any and all fines and penalties incurred
by the licensee through violations of the provisions of RCW 36.71.010,
36.71.020, 36.71.030, 36.71.040 and 36.71.060, which shall be a lien
upon the deposit and shall be collected in the manner provided by law.
Sec. 4124 RCW 36.71.070 and 1984 c 189 s 6 are each amended to
read as follows:
(1) If any person sells any goods, wares, or merchandise, at
auction or public outcry, or barters goods, wares or merchandise from
traveling boats, wagons, carts or vehicles of any kind, or from any
pack, basket or other package carried on foot without first having
obtained a license therefor from the board of county commissioners of
the county in which such goods are sold or bartered, he or she shall be
guilty of a misdemeanor, and upon conviction shall be fined not less
than five nor more than fifty dollars, and shall stand committed to the
county jail of the county in which the conviction is had until such
fine and cost of prosecution are paid, or discharged by due course of
law: PROVIDED, That this section shall not be construed as to apply to
any seagoing craft or to administrators or executors selling property
of deceased persons, or to private individuals selling their household
property, or furniture, or farming tools, implements, or livestock, or
any produce grown or raised by them, either at public auction or
private sale.
(2) Notwithstanding subsection (1) of this section, counties shall
not license auctioneers that are licensed by the state under chapter
18.11 RCW.
Sec. 4125 RCW 36.76.120 and 1984 c 186 s 33 are each amended to
read as follows:
The county legislative authority must ascertain and levy annually
a tax sufficient to pay the interest on all such bonds whenever it
becomes due and to meet the annual maturities of principal. The county
treasurer must pay out of any money accumulated from the taxes levied
to pay the interest as aforesaid, the interest upon all such bonds when
it becomes due as provided on the bond or, if coupons are attached to
a bond, upon presentation at the place of payment of the proper coupon.
Any interest payments or coupons so paid must be reported to the county
legislative authority at its first meeting thereafter. Whenever
interest is payable at any place other than the city in which the
county treasurer keeps his or her office, the county treasurer shall
seasonably remit to the state fiscal agent the amount of money required
for the payment of any interest which is about to fall due. When any
such bonds or any interest is paid, the county treasurer shall suitably
and indelibly cancel them.
Sec. 4126 RCW 36.77.070 and 1983 c 3 s 81 are each amended to
read as follows:
If the board determines that any construction should be performed
by day labor, and the estimated cost of the work exceeds twenty-five
hundred dollars, it shall cause to be published in one issue of a
newspaper of general circulation in the county, a brief description of
the work to be done and the county road engineer's estimate of the cost
thereof. At the completion of such construction, the board shall cause
to be published in one issue of such a newspaper a similar brief
description of the work together with an accurate statement of the true
and complete cost of performing such construction by day labor.
Failure to make the required publication shall subject each county
commissioner to a fine of one hundred dollars for which he or she shall
be liable individually and upon his or her official bond and the
prosecuting attorney shall prosecute for violation of the provisions of
this section and RCW 36.77.065.
Sec. 4127 RCW 36.78.090 and 1984 c 7 s 33 are each amended to
read as follows:
(1) Before May 1st of each year the board shall transmit to the
state treasurer certificates of good practice on behalf of the counties
which during the preceding calendar year:
(a) Have submitted to the state department of transportation or to
the board all reports required by law or regulation of the board; and
(b) Have reasonably complied with provisions of law relating to
county road administration and with the standards of good practice as
formulated and adopted by the board.
(2) The board shall not transmit to the state treasurer a
certificate of good practice on behalf of any county failing to meet
the requirements of subsection (1) of this section, but the board shall
in such case and before May 1st, notify the county and the state
treasurer of its reasons for withholding the certificate.
(3) The state treasurer, upon receiving a notice that a certificate
of good practice will not be issued on behalf of a county, or that a
previously issued certificate of good practice has been revoked, shall,
effective the first day of the month after that in which notice is
received, withhold from such county its share of motor vehicle fuel
taxes distributable pursuant to RCW 46.68.120 until the board
thereafter issues on behalf of such county a certificate of good
practice or a conditional certificate. After withholding or revoking
a certificate of good practice with respect to any county, the board
may thereafter at any time issue such a certificate or a conditional
certificate when the board is satisfied that the county has complied or
is diligently attempting to comply with the requirements of subsection
(1) of this section.
(4) The board may, upon notice and a hearing, revoke a previously
issued certificate of good practice or substitute a conditional
certificate therefor when, after issuance of a certificate of good
practice, any county fails to meet the requirements of subsection (1)
(a) and (b) of this section, but the board shall in such case notify
the county and the state treasurer of its reasons for the revocation or
substitution.
(5) Motor vehicle fuel taxes withheld from any county pursuant to
this section shall not be distributed to any other county, but shall be
retained in the motor vehicle fund to the credit of the county
originally entitled thereto. Whenever the state treasurer receives
from the board a certificate of good practice issued on behalf of such
county he or she shall distribute to such county all of the funds
theretofore retained in the motor vehicle fund to the credit of such
county.
Sec. 4128 RCW 36.78.110 and 1990 c 266 s 3 are each amended to
read as follows:
All expenses incurred by the board including salaries of employees
shall be paid upon voucher forms provided by the office of financial
management or pursuant to a regular payroll signed by the ((chairman))
chair and the executive director of the board. All expenses of the
board shall be paid out of that portion of the motor vehicle fund
allocated to the counties and withheld for use by the department of
transportation and the county road administration board under the
provisions of RCW 46.68.120(1), as now or hereafter amended.
Sec. 4129 RCW 36.79.160 and 1983 1st ex.s. c 49 s 17 are each
amended to read as follows:
(1) Upon completion of a preliminary proposal, the county
submitting the proposal shall submit to the board its voucher for
payment of the trust account share of the cost. Upon the completion of
an approved rural arterial construction project, the county
constructing the project shall submit to the board its voucher for the
payment of the trust account share of the cost. The ((chairman)) chair
of the board or his or her designated agent shall approve such voucher
when proper to do so, for payment from the rural arterial trust account
to the county submitting the voucher.
(2) The board may adopt rules providing for the approval of
payments of funds in the rural arterial trust account to a county for
costs of preliminary proposal, and costs of construction of an approved
project from time to time as work progresses. These payments shall at
no time exceed the rural arterial trust account share of the costs of
construction incurred to the date of the voucher covering the payment.
Sec. 4130 RCW 36.79.170 and 1983 1st ex.s. c 49 s 18 are each
amended to read as follows:
The legislative body of any county feeling aggrieved by any action
or decision of the board with respect to this chapter may appeal to the
secretary of transportation by filing a notice of appeal within ninety
days after the action or decision of the board. The notice shall
specify the action or decision of which complaint is made. The
secretary shall fix a time for a hearing on the appeal at the earliest
convenient time and shall notify the county auditor and the
((chairman)) chair of the board by certified mail at least twenty days
before the date of the hearing. At the hearing the secretary shall
receive evidence from the county filing the appeal and from the board.
After the hearing the secretary shall make such order as in the
secretary's judgment is just and proper.
Sec. 4131 RCW 36.80.015 and 1963 c 4 s 36.80.015 are each amended
to read as follows:
The county road engineer shall keep his or her office at the county
seat in such room or rooms as are provided by the county, and he or she
shall be furnished with all necessary cases and other suitable
articles, and also with all blank books and blanks necessary to the
proper discharge of his or her official duties. The records and books
in the county road engineer's office shall be public records, and shall
at all proper times be open to the inspection and examination of the
public.
Sec. 4132 RCW 36.80.020 and 1969 ex.s. c 182 s 7 are each amended
to read as follows:
He or she shall be a registered and licensed professional civil
engineer under the laws of this state, duly qualified and experienced
in highway and road engineering and construction. He or she shall
serve at the pleasure of the board.
Before entering upon his or her employment, every county road
engineer shall give an official bond to the county in such amount as
the board shall determine, conditioned upon the fact that he or she
will faithfully perform all the duties of his or her employment and
account for all property of the county entrusted to his or her care.
Sec. 4133 RCW 36.80.030 and 1969 ex.s. c 182 s 8 are each amended
to read as follows:
The county road engineer shall examine and certify to the board all
estimates and all bills for labor, materials, provisions, and supplies
with respect to county roads, prepare standards of construction of
roads and bridges, and perform such other duties as may be required by
order of the board.
He or she shall have supervision, under the direction of the board,
of establishing, laying out, constructing, altering, improving,
repairing, (([and])) and maintaining all county roads of the county.
Sec. 4134 RCW 36.80.050 and 1963 c 4 s 36.80.050 are each amended
to read as follows:
He or she shall keep a highway plat book in his or her office in
which he or she shall have accurately platted all public roads and
highways established by the board.
Sec. 4135 RCW 36.80.060 and 1969 ex.s. c 182 s 10 are each
amended to read as follows:
The county road engineer shall maintain in his or her office
complete and accurate records of all expenditures for (1)
administration, (2) bond and warrant retirement, (3) maintenance, (4)
construction, (5) purchase and operation of road equipment, and (6)
purchase or manufacture of materials and supplies, and shall maintain
a true and complete inventory of all road equipment. The state
auditor, with the advice and assistance of the county road
administration board, shall prescribe forms and types of records to be
maintained by the county road engineers.
Sec. 4136 RCW 36.81.050 and 1963 c 4 s 36.81.050 are each amended
to read as follows:
Whenever directed by the board to report upon the establishment of
a county road the engineer shall make an examination of the road and if
necessary a survey thereof. After examination, if the engineer deems
the road to be impracticable, he or she shall so report to the board
without making any survey, or he or she may examine or examine and
survey any other practicable route which would serve such purpose.
Whenever he or she considers any road as proposed or modified as
practicable, he or she shall report thereon in writing to the board
giving his or her opinion: (1) As to the necessity of the road; (2) as
to the proper terminal points, general course and length thereof; (3)
as to the proper width of right-of-way therefor; (4) as to the
estimated cost of construction, including all necessary bridges,
culverts, clearing, grubbing, drainage, and grading; (5) and such other
facts as he or she may deem of importance to be considered by the
board.
Sec. 4137 RCW 36.81.060 and 1963 c 4 s 36.81.060 are each amended
to read as follows:
The county road engineer shall file with his or her report a
correctly prepared map of the road as surveyed, which map must show the
tracts of land over which the road passes, with the names, if known, of
the several owners thereof, and he or she shall file therewith his or
her field notes and profiles of such survey.
Sec. 4138 RCW 36.82.100 and 1963 c 4 s 36.82.100 are each amended
to read as follows:
The boards of the several counties may purchase and operate, out of
the county road fund, rock crushing, gravel, or other road building
material extraction equipment.
Any crushed rock, gravel, or other road building material extracted
and not directly used or needed by the county in the construction,
alteration, repair, improvement, or maintenance of its roads may be
sold at actual cost of production by the board to the state or any
other county, city, town, or other political subdivision to be used in
the construction, alteration, repair, improvement, or maintenance of
any state, county, city, town or other proper highway, road or street
purpose: PROVIDED, That in counties of less than twelve thousand five
hundred population as determined by the 1950 federal census, the boards
of commissioners, during such times as the crushing, loading or mixing
equipment is actually in operation, or from stockpiles, may sell at
actual cost of production such surplus crushed rock, gravel, or other
road building material to any other person for private use where the
place of contemplated use of such crushed rock, gravel or other road
building material is more than fifteen miles distant from the nearest
private source of such materials within the county, distance being
computed by the closest traveled route: AND PROVIDED FURTHER, That the
purchaser presents, at or before the time of delivery to him or her, a
treasurer's receipt for payment for such surplus crushed rock, gravel,
or any other road building material.
Sec. 4139 RCW 36.87.040 and 1963 c 4 s 36.87.040 are each amended
to read as follows:
When directed by the board the county road engineer shall examine
any county road or portion thereof proposed to be vacated and abandoned
and report his or her opinion as to whether the county road should be
vacated and abandoned, whether the same is in use or has been in use,
the condition of the road, whether it will be advisable to preserve it
for the county road system in the future, whether the public will be
benefited by the vacation and abandonment, and all other facts,
matters, and things which will be of importance to the board, and also
file his or her cost bill.
Sec. 4140 RCW 36.88.040 and 1963 c 4 s 36.88.040 are each amended
to read as follows:
The election provided herein for cases where the improvement is
initiated by resolution shall be governed by the following rules: (1)
All ballots must be signed by the owner or reputed owner of property
within the proposed district according to the records of the county
auditor; (2) each ballot must be returned to the clerk of the board not
later than one week after the public hearing; (3) each property owner
shall have one vote for each full dollar of estimated assessment
against his or her property as determined by the preliminary estimates
and assessment roll; (4) the valid ballots shall be tabulated and a
majority of the votes cast shall determine whether the formation of the
district shall be approved or rejected.
Sec. 4141 RCW 36.88.130 and 1963 c 4 s 36.88.130 are each amended
to read as follows:
The county treasurer is hereby designated as the treasurer of all
county road improvement districts created hereunder, and shall collect
all road improvement district assessments, and the duties and
responsibilities herein imposed upon him or her shall be among the
duties and responsibilities of his or her office for which his or her
bond is given as county treasurer.
Sec. 4142 RCW 36.88.150 and 1963 c 4 s 36.88.150 are each amended
to read as follows:
Whenever before the sale of any property the amount of any
assessment thereon, with interest, penalty, costs and charges accrued
thereon, shall be paid to the treasurer, he or she shall thereon mark
the same paid with the date of payment thereof on the assessment roll.
Sec. 4143 RCW 36.88.200 and 1983 c 167 s 94 are each amended to
read as follows:
(1) Such bonds shall be numbered from one upwards consecutively,
shall be in such denominations as may be provided by the county
legislative authority in the resolution authorizing their issuance,
shall mature on or before a date not to exceed twenty-two years from
and after their date, shall bear interest at such rate or rates as
authorized by the legislative authority payable annually or
semiannually as may be provided by the legislative authority, shall be
signed by the ((chairman)) chair of the legislative authority and
attested by the county auditor, shall have the seal of the county
affixed thereto, and shall be payable at the office of the county
treasurer or elsewhere as may be designated by the legislative
authority. Such bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030. In lieu of any
signatures required in this section, the bonds and any coupons may bear
the printed or engraved facsimile signatures of said officials.
Such bonds shall refer to the improvement for which they are issued
and to the resolution creating the road improvement district therefor.
(2) Notwithstanding subsection (1) of this section, such bonds may
be issued and sold in accordance with chapter 39.46 RCW.
Sec. 4144 RCW 36.88.250 and 1963 c 4 s 36.88.250 are each amended
to read as follows:
If the board fails to cause any bonds to be paid when due or to
promptly collect any assessments when due, the owner of any of the
bonds may proceed in his or her own name to collect the assessments and
foreclose the lien thereof in any court of competent jurisdiction and
shall recover in addition to the amount of the bonds outstanding in his
or her name, interest thereon at five percent per annum, together with
the costs of suit, including a reasonable attorney's fee to be fixed by
the court. Any number of owners of bonds for any single project may
join as plaintiffs and any number of the owners of property upon which
the assessments are liens may be joined as defendants in the same suit.
Sec. 4145 RCW 36.88.270 and 1963 c 4 s 36.88.270 are each amended
to read as follows:
The owner of any lot, tract, or parcel of land, or other property
charged with any such assessments may redeem the same from all or any
portion of the liability for the cost and expense of such improvement
by paying the entire assessment or any portion thereof charged against
such lot, tract, or parcel of land without interest within thirty days
after notice to him or her of such assessment, which notice shall be
given as follows: The county treasurer shall, as soon as the
assessment roll has been placed in his or her hands for collection,
publish a notice for two consecutive daily or weekly issues in the
official newspaper of the county in which the district is located,
which notice shall state that the assessment roll is in his or her
hands for collection and that any assessment thereon or any portion of
such assessment may be paid at any time within thirty days from the
date of the first publication of said notice without penalty interest
or costs.
Sec. 4146 RCW 36.88.300 and 1963 c 4 s 36.88.300 are each amended
to read as follows:
Whenever any district is organized hereunder, there shall be
included in the cost and expense thereof: (1) The cost of all of the
construction or improvement authorized in the district, including that
portion of the construction or improvement within the limits of any
street or road intersection, space or spaces; (2) the estimated costs
and expenses of all engineering and surveying necessary to be done by
the county engineer or under his or her direction or by such other
engineer as may be employed by the county commissioners; (3) the cost
of all advertising, mailing, and publishing of all notices; (4) the
cost of legal services and any other expenses incurred by the county
for the district or in the formation thereof, or by the district in
connection with such construction or improvement and in the financing
thereof, including the issuance of any bonds.
Sec. 4147 RCW 36.88.330 and 1980 c 100 s 6 are each amended to
read as follows:
The board may provide by resolution for the issuance of warrants in
payment of the costs and expenses of any project, payable out of the
county road improvement fund. The warrants shall be redeemed either in
cash or by bonds for the same project authorized by the resolution.
All warrants issued against any such improvement fund shall be
claims and liens against said fund prior and superior to any right,
lien or claim of any surety upon the bond given to the county by or for
the contract to secure the performance of his or her contract or to
secure the payment of persons who have performed work thereon,
furnished materials therefor, or furnished provisions and supplies for
the carrying on of the work.
The county treasurer may accept warrants against any county road
improvement fund upon such conditions as the board may prescribe in
payment of: (1) Assessments levied to supply that fund in due order of
priority; (2) judgments rendered against property owners who have
become delinquent in the payment of assessments to that fund; and (3)
certificates of purchase in cases where property of delinquents has
been sold under execution or at tax sale for failure to pay assessments
levied to supply that fund.
Sec. 4148 RCW 36.88.450 and 1967 c 194 s 5 are each amended to
read as follows:
When service from the underground electric and communication
facilities is available in all or part of a conversion area, the county
shall mail a notice to the owners of all structures or improvements
served from the existing overhead facilities in the area, which notice
shall state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from the existing
overhead facilities within the area to any structure or improvement
must be disconnected and removed within one hundred twenty days after
the date of the mailing of the notice;
(3) Should such owner fail to convert such service lines from
overhead to underground within one hundred twenty days after the date
of the mailing of the notice, the county will order the electric and
communication utilities to disconnect and remove the service lines;
(4) Should the owner object to the disconnection and removal of the
service lines he or she may file his or her written objections thereto
with the secretary of the board of county commissioners within one
hundred twenty days after the date of the mailing of the notice and
failure to so object within such time will constitute a waiver of his
or her right thereafter to object to such disconnection and removal.
If the owner of any structure or improvement served from the
existing overhead electric and communication facilities within a
conversion area shall fail to convert to underground the service lines
from such overhead facilities to such structure or improvement within
one hundred twenty days after the mailing to him or her of the notice,
the county shall order the electric and communication utilities to
disconnect and remove all such service lines: PROVIDED, That if the
owner has filed his or her written objections to such disconnection and
removal with the secretary of the board of county commissioners within
one hundred twenty days after the mailing of said notice then the
county shall not order such disconnection and removal until after the
hearing on such objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the board of county
commissioners shall conduct a hearing to determine whether the removal
of all or any part of the service lines is in the public benefit. The
hearing shall be held at such time as the board of county commissioners
may establish for hearings on such objections and shall be held in
accordance with the regularly established procedure set by the board.
The determination reached by the board of county commissioners shall be
final in the absence of an abuse of discretion.
Sec. 4149 RCW 36.90.030 and 1998 c 107 s 2 are each amended to
read as follows:
The board of county commissioners in the county of Lewis as
administrators of all property relating to the southwest Washington
fair may elect to appoint either (1) a designee, whose operation and
funds the board may control and oversee, to carry out the board's
duties and obligations as set forth in RCW 36.90.020, or (2) a
commission of citizens to advise and assist in carrying out such fair.
The ((chairman)) chair of the board of county commissioners of Lewis
county may elect to serve as ((chairman)) chair of any such commission.
Such commission may elect a president and secretary and define their
duties and fix their compensation, and provide for the keeping of its
records. The commission may also designate the treasurer of Lewis
county as fair treasurer. The funds relating to fair activities shall
be kept separate and apart from the funds of Lewis county, but shall be
deposited in the regular depositaries of Lewis county and all interest
earned thereby shall be added to and become a part of the funds. Fair
funds shall be audited as are other county funds.
Sec. 4150 RCW 36.92.030 and 1967 ex.s. c 103 s 4 are each amended
to read as follows:
By resolution, the board of county commissioners may create a
county central services department which shall be organized and
function as any other department of the county. When a board creates
a central services department, it shall also provide for the
appointment of a supervisor to be the administrative head of such
department, subject to the supervision and control of the board, and to
serve at the pleasure of the board. The supervisor shall receive such
salary as may be prescribed by the board. In addition, the supervisor
shall be reimbursed for traveling and other actual and necessary
expenses incurred by him or her in the performance of his or her
official duties.
Sec. 4151 RCW 36.93.070 and 1997 c 77 s 1 are each amended to
read as follows:
The members of each boundary review board shall elect from its
members a ((chairman)) chair, vice ((chairman)) chair, and shall employ
a nonmember as chief clerk, who shall be the secretary of the board.
The board shall determine its own rules and order of business and shall
provide by resolution for the time and manner of holding all regular or
special meetings: PROVIDED, That all meetings shall be subject to
chapter 42.30 RCW. The board shall keep a journal of its proceedings
which shall be a public record. A majority of all the members shall
constitute a quorum for the transaction of business.
The chief clerk of the board shall have the power to administer
oaths and affirmations, certify to all official acts, issue subpoenas
to any public officer or employee ordering him or her to testify before
the board and produce public records, papers, books or documents. The
chief clerk may invoke the aid of any court of competent jurisdiction
to carry out such powers.
The board by rule may provide for hearings by panels of members
consisting of not less than five board members, the number of hearing
panels and members thereof, and for the impartial selection of panel
members. A majority of a panel shall constitute a quorum thereof.
At the request of the board, the state attorney general, or at the
board's option, the county prosecuting attorney, shall provide counsel
for the board.
The planning departments of the county, other counties, and any
city, and any state or regional planning agency shall furnish such
information to the board at its request as may be reasonably necessary
for the performance of its duties.
Each member of the board shall be compensated from the county
current expense fund at the rate of fifty dollars per day, or a major
portion thereof, for time actually devoted to the work of the boundary
review board. Each board of county commissioners shall provide such
funds as shall be necessary to pay the salaries of the members and
staff, and such other expenses as shall be reasonably necessary.
Sec. 4152 RCW 36.93.110 and 1987 c 477 s 4 are each amended to
read as follows:
Where an area proposed for annexation is less than ten acres and
less than two million dollars in assessed valuation, the ((chairman))
chair of the review board may by written statement declare that review
by the board is not necessary for the protection of the interest of the
various parties, in which case the board shall not review such
annexation.
Sec. 4153 RCW 36.93.160 and 1994 c 216 s 16 are each amended to
read as follows:
(1) When the jurisdiction of the boundary review board has been
invoked, the board shall set the date, time and place for a public
hearing on the proposal. The board shall give at least thirty days'
advance written notice of the date, time and place of the hearing to
the governing body of each governmental unit having jurisdiction within
the boundaries of the territory proposed to be annexed, formed,
incorporated, disincorporated, dissolved or consolidated, or within the
boundaries of a special district whose assets and facilities are
proposed to be assumed by a city or town, and to the governing body of
each city within three miles of the exterior boundaries of the area and
to the proponent of the change. Notice shall also be given by
publication in any newspaper of general circulation in the area of the
proposed boundary change at least three times, the last publication of
which shall be not less than five days prior to the date set for the
public hearing. Notice shall also be posted in ten public places in
the area affected for five days when the area is ten acres or more.
When the area affected is less than ten acres, five notices shall be
posted in five public places for five days. Notice as provided in this
subsection shall include any territory which the board has determined
to consider adding in accordance with RCW 36.93.150(2).
(2) A verbatim record shall be made of all testimony presented at
the hearing and upon request and payment of the reasonable costs
thereof, a copy of the transcript of the testimony shall be provided to
any person or governmental unit.
(3) The ((chairman)) chair upon majority vote of the board or a
panel may direct the chief clerk of the boundary review board to issue
subpoenas to any public officer to testify, and to compel the
production by him or her of any records, books, documents, public
records or public papers.
(4) Within forty days after the conclusion of the final hearing on
the proposal, the board shall file its written decision, setting forth
the reasons therefor, with the board of county commissioners and the
clerk of each governmental unit directly affected. The written
decision shall indicate whether the proposed change is approved,
rejected or modified and, if modified, the terms of the modification.
The written decision need not include specific data on every factor
required to be considered by the board, but shall indicate that all
standards were given consideration. Dissenting members of the board
shall have the right to have their written dissents included as part of
the decision.
(5) Unanimous decisions of the hearing panel or a decision of a
majority of the members of the board shall constitute the decision of
the board and shall not be appealable to the whole board. Any other
decision shall be appealable to the entire board within ten days.
Appeals shall be on the record, which shall be furnished by the
appellant, but the board may, in its sole discretion, permit the
introduction of additional evidence and argument. Decisions shall be
final and conclusive unless within thirty days from the date of the
action a governmental unit affected by the decision or any person
owning real property or residing in the area affected by the decision
files in the superior court a notice of appeal.
The filing of the notice of appeal within the time limit shall stay
the effective date of the decision of the board until such time as the
appeal shall have been adjudicated or withdrawn. On appeal the
superior court shall not take any evidence other than that contained in
the record of the hearing before the board.
(6) The superior court may affirm the decision of the board or
remand the case for further proceedings; or it may reverse the decision
if any substantial rights may have been prejudiced because the
administrative findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of the
board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in view of the
entire record as submitted, or
(f) Clearly erroneous.
An aggrieved party may seek appellate review of any final judgment of
the superior court in the manner provided by law as in other civil
cases.
Sec. 4154 RCW 36.94.060 and 1971 ex.s. c 96 s 3 are each amended
to read as follows:
The members of each review committee shall elect from its members
a ((chairman)) chair and a secretary. The committee shall determine
its own rules and order of business and shall provide by resolution for
the time and manner of its proceedings which shall be a public record.
A majority of all the members shall constitute a quorum for the
transaction of business.
Each member of the committee shall be compensated from the county
current expense fund at the rate of twenty-five dollars per day, or a
major portion thereof, for time actually devoted to the work of the
committee in reviewing any proposed sewerage and/or water general plan
or amendments to a plan. Each board of county commissioners shall
provide such funds as shall be necessary to pay the compensation of the
members and such other expenses as shall be reasonably necessary. Such
payments shall be reimbursed to the counties advancing the funds from
moneys acquired from the construction or operation of a sewerage and/or
water system.
Sec. 4155 RCW 36.94.290 and 1988 c 202 s 41 are each amended to
read as follows:
The decision of the board of county commissioners upon any
objections made within the time and in the manner herein prescribed,
may be reviewed by the superior court upon an appeal thereto taken in
the following manner. Such appeal shall be made by filing written
notice of appeal with the clerk of the board of county commissioners
and with the clerk of the superior court within ten days after the
resolution confirming such assessment roll shall have become published,
and such notice shall describe the property and set forth the
objections of such appellant to such assessment. Within the ten days
from the filing of such notice of appeal with the clerk of the superior
court, the appellant shall file with the clerk of said court, a
transcript consisting of the assessment roll and his or her objections
thereto, together with the resolution confirming such assessment roll
and the record of the board of county commissioners with reference to
said assessment, which transcript, upon payment of the necessary fees
therefor, shall be furnished by such clerk of the board of county
commissioners and by him or her certified to contain full, true and
correct copies of all matters and proceedings required to be included
in such transcript. Such fees shall be the same as the fees payable to
the county clerk for the preparation and certification of transcripts
on appeal to the supreme court or the court of appeals in civil
actions. At the time of the filing of the notice of appeal with the
clerk of the superior court a sufficient bond in the penal sum of two
hundred dollars, with sureties thereon as provided by law for appeals
in civil cases, shall be filed conditioned to prosecute such appeal
without delay, and if unsuccessful, to pay all costs to which the
county is put by reason of such appeal. The court may order the
appellant upon application therefor, to execute and file such
additional bond or bonds as the necessity of the case may require.
Within three days after such transcript is filed in the superior court,
as aforesaid, the appellant shall give written notice to the clerk of
the board of county commissioners that such transcript is filed. Said
notice shall state a time, not less than three days from the service
thereof, when the appellant will call up the said cause for hearing.
The superior court shall, at said time or at such further time as may
be fixed by order of the court, hear and determine such appeal without
a jury, and such cause shall have preference over all civil causes
pending in said court, except proceedings under an act relating to
eminent domain in such county and actions of forcible entry and
detainer. The judgment of the court shall confirm, correct, modify or
annul the assessment insofar as the same affects the property of the
appellant. A certified copy of the decision of the court shall be
filed with the officer who shall have the custody of the assessment
roll, and he or she shall modify and correct such assessment roll in
accordance with such decision. Appellate review of the judgment of the
superior court may be sought as in other cases. However, review must
be sought within fifteen days after the date of the entry of the
judgment of such superior court. The supreme court or the court of
appeals on such appeal may correct, change, modify, confirm or annul
the assessment insofar as the same affects the property of the
appellant. A certified copy of the order of the supreme court or the
court of appeals upon such appeal shall be filed with the officer
having custody of such assessment roll, who shall thereupon modify and
correct such assessment roll in accordance with such decision.
Sec. 4156 RCW 36.94.340 and 1975 1st ex.s. c 188 s 10 are each
amended to read as follows:
When a municipal corporation and a county have entered into a
written agreement providing for the transfer to such county of all or
part of the property of such municipal corporation, proceedings may be
initiated in the superior court for that county by the filing of a
petition to which there shall be attached copies of the agreement of
the parties and of the resolutions of the governing body of the
municipal corporation and the legislative authority of the county
authorizing its execution. Such petition shall ask that the court
approve and direct the proposed transfer of property, and any
assumption of indebtedness agreed to in consideration thereof by the
county, after finding such transfer and acquisition of property to be
in the public interest and conducive to the public health, safety,
welfare, or convenience. Such petition shall be signed by the members
of the legislative authority of the county or chief administrative
officer of the municipal corporation and the ((chairman)) chair of the
legislative authority of the county, respectively, upon authorization
by the governing body of the municipal corporation and the legislative
authority of the county.
Within thirty days after the filing of the petition of the parties
with copies of their agreement and the resolutions authorizing its
execution attached thereto, the court shall by order fix a date for a
hearing on the petition not less than twenty nor more than ninety days
after the entry of such order which also shall prescribe the form and
manner of notice of such hearing to be given. After considering the
petition and such evidence as may be presented at the hearing thereon,
the court may determine by decree that the proposed transfer of
property is in the public interest and conducive to the public health,
safety, welfare, or convenience, approve the agreement of the parties
and direct that such transfer be accomplished in accordance with that
agreement at the time and in the manner prescribed by the court decree.
Sec. 4157 RCW 36.95.060 and 1992 c 150 s 1 are each amended to
read as follows:
The business of the district shall be conducted by the board of the
television reception improvement district, hereinafter referred to as
the "board". The board shall be constituted as provided under either
subsection (1) or (2) of this section.
(1) The board of a district having boundaries different from the
county's shall have either three, five, seven, or nine members, as
determined by the board of county commissioners at the time the
district is created. Each member shall reside within the boundaries of
the district and shall be appointed by the board of county
commissioners for a term of three years, or until his or her successor
has qualified, except that the board of county commissioners shall
appoint one of the members of the first board to a one-year term and
two to two-year terms. There is no limit upon the number of terms to
which a member may be reappointed after his or her first appointment.
A majority of the members of the board shall constitute a quorum for
the transaction of business, but the majority vote of the board members
shall be necessary for any action taken by the board. The board shall
elect from among its members a ((chairman)) chair and such other
officers as may be necessary. In the event a seat on the board is
vacated prior to the expiration of the term of the member appointed to
such seat, the board of county commissioners shall appoint a person to
complete the unexpired term.
(2) Upon the creation of a district having boundaries identical to
those of the county (a county-wide district), the county commissioners
shall be the members of the board of the district and shall have all
the powers and duties of the board as provided under the other sections
of this chapter. The county commissioners shall be reimbursed pursuant
to the provisions of RCW 36.95.070, and shall conduct the business of
the district according to the regular rules and procedures applicable
to meetings of the board of county commissioners.
Sec. 4158 RCW 36.95.100 and 1981 c 52 s 2 are each amended to
read as follows:
The tax provided for in RCW 36.95.090 and this section shall not
exceed sixty dollars per year per television set, and no person shall
be taxed for more than one television set, except that a motel or hotel
or any person owning in excess of five television sets shall pay at a
rate of one-fifth of the annual tax rate imposed for each of the first
five television sets and one-tenth of such rate for each additional set
thereafter. An owner of a television set within the district shall be
exempt from paying any tax on such set under this chapter: (1) If
either (a) his or her television set does not receive at least a class
grade B contour signal retransmitted by the television translator
station or other similar device operated by the district, as such class
is defined under regulations of the Federal Communications Commission
as of August 9, 1971, or (b) he or she is currently subscribing to and
receiving the services of a community antenna system (CATV) to which
his or her television set is connected; and (2) if he or she filed a
statement with the board claiming his or her grounds for exemption.
Space for such statement shall be provided for in the tax notice which
the treasurer shall send to taxpayers in behalf of the district.
Sec. 4159 RCW 36.95.110 and 1981 c 52 s 3 are each amended to
read as follows:
Any person owing the excise tax provided for under this chapter and
who fails to pay the same within sixty days after the board or the
county treasurer has sent the tax bill to him or her, shall be deemed
to be delinquent. Such person shall be liable for all costs to the
county or district attributable to collecting the tax but no such
excise tax or costs, nor any judgment based thereon, shall be deemed to
create a lien against real property.
Sec. 4160 RCW 36.95.150 and 1971 ex.s. c 155 s 15 are each
amended to read as follows:
Any claim against the district shall be presented to the board.
Upon allowance of the claim, the board shall submit a voucher, signed
by the ((chairman)) chair and one other member of the board, to the
county auditor for the issuance of a warrant in payment of said claim.
This procedure for payment of claims shall apply to the reimbursement
of board members for their actual and necessary expenses incurred by
them in the performance of their official duties.
Sec. 4161 RCW 36.95.160 and 1983 c 167 s 103 are each amended to
read as follows:
The treasurer of the county in which a district is located shall be
ex officio treasurer of the district. The treasurer shall collect the
excise tax provided for under this chapter and shall send notice of
payment due to persons owing the tax: PROVIDED, That districts with
fewer than twelve hundred persons subject to the excise tax and levying
an excise tax of forty dollars or more per television set per year
shall have the option of having the district (1) send the tax notices
bimonthly, and (2) collect the excise taxes which shall then be
forwarded to the county treasurer for deposit in the district account.
There shall be deposited with him or her all funds of the district.
All district payments shall be made by him or her from such funds upon
warrants issued by the county auditor, except the sums to be paid out
of any bond fund for principal and interest payments on bonds. All
warrants shall be paid in the order of issuance. The treasurer shall
report monthly to the board, in writing, the amount in the district
fund or funds.
Sec. 5001 RCW 43.01.040 and 1984 c 184 s 19 are each amended to
read as follows:
Each subordinate officer and employee of the several offices,
departments, and institutions of the state government shall be entitled
under their contract of employment with the state government to not
less than one working day of vacation leave with full pay for each
month of employment if said employment is continuous for six months.
Each such subordinate officer and employee shall be entitled under
such contract of employment to not less than one additional working day
of vacation with full pay each year for satisfactorily completing the
first two, three and five continuous years of employment respectively.
Such part time officers or employees of the state government who
are employed on a regular schedule of duration of not less than one
year shall be entitled under their contract of employment to that
fractional part of the vacation leave that the total number of hours of
such employment bears to the total number of hours of full time
employment.
Each subordinate officer and employee of the several offices,
departments and institutions of the state government shall be entitled
under his or her contract of employment with the state government to
accrue unused vacation leave not to exceed thirty working days.
Officers and employees transferring within the several offices,
departments and institutions of the state government shall be entitled
to transfer such accrued vacation leave to each succeeding state
office, department or institution. All vacation leave shall be taken
at the time convenient to the employing office, department or
institution: PROVIDED, That if a subordinate officer's or employee's
request for vacation leave is deferred by reason of the convenience of
the employing office, department or institution, and a statement of the
necessity therefor is filed by such employing office, department or
institution with the appropriate personnel board or other state agency
or officer, then the aforesaid maximum thirty working days of accrued
unused vacation leave shall be extended for each month said leave is so
deferred.
Sec. 5002 RCW 43.01.050 and 1985 c 57 s 26 are each amended to
read as follows:
Each state officer or other person, other than county treasurer,
who is authorized by law to collect or receive moneys which are
required by statute to be deposited in the state treasury shall
transmit to the state treasurer each day, all such moneys collected by
him or her on the preceding day: PROVIDED, That the state treasurer
may in his or her discretion grant exceptions where such daily
transfers would not be administratively practical or feasible. In the
event that remittances are not accompanied by a statement designating
source and fund, the state treasurer shall deposit these moneys in an
account hereby created in the state treasury to be known as the
undistributed receipts account. These moneys shall be retained in the
account until such time as the transmitting agency provides a statement
in duplicate of the source from which each item of money was derived
and the fund into which it is to be transmitted. The director of
financial management in accordance with RCW 43.88.160 shall promulgate
regulations designed to assure orderly and efficient administration of
this account. In the event moneys are deposited in this account that
constitute overpayments, refunds may be made by the remitting agency
without virtue of a legislative appropriation.
Sec. 5003 RCW 43.01.070 and 1965 c 8 s 43.01.070 are each amended
to read as follows:
If any officer fails to comply with the provisions of RCW
43.01.050, he or she shall be liable to the state upon his or her
official bond in a sum equal to ten percent annual interest on the
funds for such time as he or she retained them.
Sec. 5004 RCW 43.03.011 and 2007 c 524 s 1 are each amended to
read as follows:
Pursuant to Article XXVIII, section 1 of the state Constitution and
RCW 43.03.010 and 43.03.310, the annual salaries of the state elected
officials of the executive branch shall be as follows:
(1) Effective September 1, 2006:
(a) Governor . . . . . . . . . . . . $ 150,995
(b) Lieutenant governor . . . . . . . . . . . . $ 78,930
(c) Secretary of state . . . . . . . . . . . . $ 105,811
(d) Treasurer . . . . . . . . . . . . $ 105,811
(e) Auditor . . . . . . . . . . . . $ 105,811
(f) Attorney general . . . . . . . . . . . . $ 137,268
(g) Superintendent of public instruction . . . . . . . . . . . . $ 107,978
(h) Commissioner of public lands . . . . . . . . . . . . $ 107,978
(i) Insurance commissioner . . . . . . . . . . . . $ 105,811
(2) Effective September 1, 2007:
(a) Governor . . . . . . . . . . . . $ 163,618
(b) Lieutenant governor . . . . . . . . . . . . $ 92,106
(c) Secretary of state . . . . . . . . . . . . $ 114,657
(d) Treasurer . . . . . . . . . . . . $ 114,657
(e) Auditor . . . . . . . . . . . . $ 114,657
(f) Attorney general . . . . . . . . . . . . $ 148,744
(g) Superintendent of public instruction . . . . . . . . . . . . $ 119,234
(h) Commissioner of public lands . . . . . . . . . . . . $ 119,234
(i) Insurance commissioner . . . . . . . . . . . . $ 114,657
(3) Effective September 1, 2008:
(a) Governor . . . . . . . . . . . . $ 166,891
(b) Lieutenant governor . . . . . . . . . . . . $ 93,948
(c) Secretary of state . . . . . . . . . . . . $ 116,950
(d) Treasurer . . . . . . . . . . . . $ 116,950
(e) Auditor . . . . . . . . . . . . $ 116,950
(f) Attorney general . . . . . . . . . . . . $ 151,718
(g) Superintendent of public instruction . . . . . . . . . . . . $ 121,618
(h) Commissioner of public lands . . . . . . . . . . . . $ 121,618
(i) Insurance commissioner . . . . . . . . . . . . $ 116,950
(4) The lieutenant governor shall receive the fixed amount of his
or her salary plus 1/260th of the difference between his or her salary
and that of the governor for each day that the lieutenant governor is
called upon to perform the duties of the governor by reason of the
absence from the state, removal, resignation, death, or disability of
the governor.
Sec. 5005 RCW 43.03.015 and 1967 ex.s. c 100 s 2 are each amended
to read as follows:
Any person appointed to fill a vacancy that may occur in either the
senate or house of representatives of the state legislature, prior to
his or her qualification at the next succeeding regular or special
session of the legislature shall be entitled to the same emoluments of
office as the duly elected member whom he or she succeeded.
Sec. 5006 RCW 43.03.020 and 1965 c 8 s 43.03.020 are each amended
to read as follows:
Whenever by reason of the absence from the state or the disability
of the governor, the lieutenant governor is called upon temporarily to
perform the duties of the office of governor, he or she shall be paid
upon his or her personal voucher therefor the sum of ten dollars per
day for expenses.
Sec. 5007 RCW 43.03.030 and 2009 c 5 s 4 are each amended to read
as follows:
(1) Wherever the compensation of any appointive state officer or
employee is fixed by statute, it may be hereafter increased or
decreased in the manner provided by law for the fixing of compensation
of other appointive state officers or employees; but this subsection
shall not apply to the heads of state departments.
(2) Wherever the compensation of any state officer appointed by the
governor, or of any employee in any office or department under the
control of any such officer, is fixed by statute, such compensation may
hereafter, from time to time, be changed by the governor, and he or she
shall have power to fix such compensation at any amount not to exceed
the amount fixed by statute.
(3) For the twelve months following February 18, 2009, a salary or
wage increase shall not be granted to any position under this section.
Sec. 5008 RCW 43.03.110 and 1967 ex.s. c 16 s 1 are each amended
to read as follows:
Whenever it is reasonably necessary to the successful performance
of the required duty of a state office, commission, department or
institution to transfer a deputy or other employee from one station to
another within the state, thereby necessitating a change of such
deputy's or employee's domicile, it shall be lawful for such office,
commission, department or institution to move such deputy's or
employee's household goods and effects to the new station at the
expense of the state, or to defray the actual cost of such removal by
common carrier, or otherwise, at the expense of the state, in which
latter event reimbursement to the deputy or employee shall be upon
voucher submitted by him or her and approved by the department head.
Sec. 5009 RCW 43.03.120 and 1979 c 151 s 86 are each amended to
read as follows:
Any state office, commission, department or institution may also
pay the moving expenses of a new employee, necessitated by his or her
acceptance of state employment, pursuant to mutual agreement with such
employee in advance of his or her employment: PROVIDED, That if such
employee is in the classified service as defined in chapter 41.06 RCW,
that said employee has been duly certified from an eligible register.
No such offer or agreement for such payment shall be made to a
prospective member of the classified service, prior to such
certification, except through appropriate public announcement by the
department of personnel, or other corresponding personnel agency as
provided by chapter 41.06 RCW. Payment for all expenses authorized by
RCW 43.03.060, 43.03.110 through 43.03.210 including moving expenses of
new employees, exempt or classified, and others, shall be subject to
reasonable regulations promulgated by the director of financial
management, including regulations defining allowable moving costs:
PROVIDED, That, if the new employee terminates or causes termination of
his or her employment with the state within one year of the date of
employment, the state shall be entitled to reimbursement for the moving
costs which have been paid and may withhold such sum as necessary
therefor from any amounts due the employee.
Sec. 5010 RCW 43.03.170 and 1979 ex.s. c 71 s 1 are each amended
to read as follows:
The head of any state department may issue an advance warrant on
the request of any officer or employee for the purpose of defraying his
or her anticipated reimbursable expenses while traveling on business of
such state department away from his or her designated post of duty,
except expenses in connection with the use of a personal automobile.
The amount of such advance shall not exceed the amount of such
reasonably anticipated expenses of the officer or employee to be
necessarily incurred in the course of such business of the state for a
period of not to exceed ninety days. Department heads shall establish
written policies prescribing a reasonable amount for which such
warrants may be written.
Sec. 5011 RCW 43.03.180 and 1967 ex.s. c 16 s 9 are each amended
to read as follows:
On or before the tenth day following each month in which such
advance was furnished to the officer or employee, he or she shall
submit to the head of his or her department a fully itemized travel
expense voucher fully justifying the expenditure of such advance or
whatever part thereof has been expended, for legally reimbursable items
on behalf of the state. Any unexpended portion of such advance shall
be returned to the agency at the close of the authorized travel period.
Payment shall accompany such itemized voucher at the close of the
travel period; and may be made by check or similar instrument payable
to the department. Any default in accounting for or repaying an
advance shall render the full amount which is unpaid immediately due
and payable with interest at the rate of ten percent per annum from the
date of default until paid.
Sec. 5012 RCW 43.03.200 and 1967 ex.s. c 16 s 11 are each amended
to read as follows:
An advance made under RCW 43.03.150 through 43.03.210 shall be
considered as having been made to such officer or employee to be
expended by him or her as an agent of the state for state purposes
only, and specifically to defray necessary costs while performing his
or her official duties. No such advance shall be considered for any
purpose as a loan to such officer or employee, and any unauthorized
expenditure of such funds shall be considered a misappropriation of
state funds by a custodian of such funds.
Sec. 5013 RCW 43.06.020 and 1965 c 8 s 43.06.020 are each amended
to read as follows:
The governor must cause to be kept the following records:
First, a register of all pardons, commutations, executive paroles,
final discharges, and restorations of citizenship made by him or her;
Second, an account of all his or her disbursements of state moneys,
and of all rewards offered by him or her for the apprehension of
criminals and persons charged with crime;
Third, a register of all appointments made by him or her with date
of commission, name of appointee and name of predecessor, if any.
Sec. 5014 RCW 43.06.040 and 1965 c 8 s 43.06.040 are each amended
to read as follows:
If the governor absents himself or herself from the state, he or
she shall, prior to his or her departure, notify the lieutenant
governor of his or her proposed absence, and during such absence the
lieutenant governor shall perform all the duties of the governor.
Sec. 5015 RCW 43.06.050 and 1965 c 8 s 43.06.050 are each amended
to read as follows:
Every provision of law in relation to the powers and duties of the
governor, and in relation to acts and duties to be performed by others
towards him or her, extends to the person performing for the time being
the duties of governor.
Sec. 5016 RCW 43.06.055 and 1969 ex.s. c 88 s 1 are each amended
to read as follows:
The legislature preceding the gubernatorial election shall make an
appropriation which may only be expended by a newly elected governor
other than the incumbent for the purpose of providing office and staff
for the governor-elect preparatory to his or her assumption of duties
as governor. The funds for the appropriation shall be made available
to him or her not later than thirty days prior to the date when the
legislature will convene.
Sec. 5017 RCW 43.06.070 and 1965 c 8 s 43.06.070 are each amended
to read as follows:
The governor may remove from office any state officer appointed by
him or her not liable to impeachment, for incompetency, misconduct, or
malfeasance in office.
Sec. 5018 RCW 43.06.080 and 1965 c 8 s 43.06.080 are each amended
to read as follows:
Whenever the governor is satisfied that any officer not liable to
impeachment has been guilty of misconduct, or malfeasance in office, or
is incompetent, he or she shall file with the secretary of state a
statement showing his or her reasons, with his or her order of removal,
and the secretary of state shall forthwith send a certified copy of
such order of removal and statement of causes by registered mail to the
last known post office address of the officer in question.
Sec. 5019 RCW 43.06.090 and 1965 c 8 s 43.06.090 are each amended
to read as follows:
At the time of making any removal from office, the governor shall
appoint some proper person to fill the office, who shall forthwith
demand and receive from the officer removed the papers, records, and
property of the state pertaining to the office, and shall perform the
duties of the office and receive the compensation thereof until his or
her successor is appointed.
Sec. 5020 RCW 43.06.110 and 1971 ex.s. c 177 s 2 are each amended
to read as follows:
The governor, or his or her designee, is hereby authorized and
empowered to undertake such programs as will, in the judgment of the
governor, or his or her designee, enable families and individuals of
all ages, in rural and urban areas, in need of the skills, knowledge,
motivations, and opportunities to become economically self-sufficient
to obtain and secure such skills, knowledge, motivations, and
opportunities. Such programs may be engaged in as solely state
operations, or in conjunction or cooperation with any appropriate
agency of the federal government, any branch or agency of the
government of this state, any city or town, county, municipal
corporation, metropolitan municipal corporation or other political
subdivision of the state, or any private corporation. Where compliance
with the provisions of federal law or rules or regulations promulgated
thereunder is a necessary condition to the receipt of federal funds by
the state, the governor or his or her designee, is hereby authorized to
comply with such laws, rules or regulations to the extent necessary for
the state to cooperate most fully with the federal government in
furtherance of the programs herein authorized.
Sec. 5021 RCW 43.06.120 and 1967 ex.s. c 41 s 1 are each amended
to read as follows:
The governor is authorized to accept on behalf of the state of
Washington funds provided by any act of congress for the benefit of the
state or its political subdivisions. He or she is further authorized
to administer and disburse such funds, or to designate an agency to
administer and disburse them, until the legislature otherwise directs.
Sec. 5022 RCW 43.06.200 and 1977 ex.s. c 328 s 11 are each
amended to read as follows:
Unless a different meaning is plainly required by the context, the
following words and phrases as hereinafter used in RCW 43.06.010, and
43.06.200 through 43.06.270 each as now or hereafter amended shall have
the following meaning:
"State of emergency" means an emergency proclaimed as such by the
governor pursuant to RCW 43.06.010 as now or hereafter amended.
"Governor" means the governor of this state or, in case of his or
her removal, death, resignation or inability to discharge the powers
and duties of his or her office, then the person who may exercise the
powers of governor pursuant to the Constitution and laws of this state
relating to succession in office.
"Criminal offense" means any prohibited act for which any criminal
penalty is imposed by law and includes any misdemeanor, gross
misdemeanor, or felony.
Sec. 5023 RCW 43.06.270 and 1969 ex.s. c 186 s 9 are each amended
to read as follows:
The governor may in his or her discretion order the state militia
pursuant to chapter 38.08 RCW or the state patrol to assist local
officials to restore order in the area described in the proclamation of
a state of emergency.
Sec. 5024 RCW 43.07.010 and 1965 c 8 s 43.07.010 are each amended
to read as follows:
The secretary of state must execute an official bond to the state
in the sum of ten thousand dollars, conditioned for the faithful
performance of the duties of his or her office, and shall receive no
pay until such bond, approved by the governor, is filed with the state
auditor.
Sec. 5025 RCW 43.07.020 and 1965 c 8 s 43.07.020 are each amended
to read as follows:
The secretary of state may have one assistant secretary of state
and one deputy secretary of state each of whom shall be appointed by
him or her in writing, and continue during his or her pleasure. The
assistant secretary of state and deputy secretary of state shall have
the power to perform any act or duty relating to the secretary of
state's office, that the secretary of state has, and the secretary of
state shall be responsible for the acts of said assistant and deputy.
Sec. 5026 RCW 43.07.030 and 1982 c 35 s 186 are each amended to
read as follows:
The secretary of state shall:
(1) Keep a register of and attest the official acts of the
governor;
(2) Affix the state seal, with his or her attestation, to
commissions, pardons, and other public instruments to which the
signature of the governor is required, and also attestations and
authentications of certificates and other documents properly issued by
the secretary;
(3) Record all articles of incorporation, deeds, or other papers
filed in the secretary of state's office;
(4) Receive and file all the official bonds of officers required to
be filed with the secretary of state;
(5) Take and file in the secretary of state's office receipts for
all books distributed by him or her;
(6) Certify to the legislature the election returns for all
officers required by the Constitution to be so certified, and certify
to the governor the names of all other persons who have received at any
election the highest number of votes for any office the incumbent of
which is to be commissioned by the governor;
(7) Furnish, on demand, to any person paying the fees therefor, a
certified copy of all or any part of any law, record, or other
instrument filed, deposited, or recorded in the secretary of state's
office;
(8) Present to the speaker of the house of representatives, at the
beginning of each regular session of the legislature during an odd-numbered year, a full account of all purchases made and expenses
incurred by the secretary of state on account of the state;
(9) File in his or her office an impression of each and every seal
in use by any state officer;
(([(10)])) (10) Keep a record of all fees charged or received by
the secretary of state.
Sec. 5027 RCW 43.07.040 and 1965 c 8 s 43.07.040 are each amended
to read as follows:
The secretary of state is charged with the custody:
(1) Of all acts and resolutions passed by the legislature;
(2) Of the journals of the legislature;
(3) Of the seal of the state;
(4) Of all books, records, deeds, parchments, maps, and papers
required to be kept on deposit in his or her office pursuant to law;
(5) Of the enrolled copy of the Constitution.
Sec. 5028 RCW 43.07.050 and 1965 c 8 s 43.07.050 are each amended
to read as follows:
The secretary of state shall be ex officio commissioner of
statistics. He or she shall establish within his or her office, and
under his or her immediate supervision, a bureau to be known as the
bureau of statistics, agriculture and immigration.
Sec. 5029 RCW 43.07.090 and 1965 c 8 s 43.07.090 are each amended
to read as follows:
The commissioner shall have the power to send for persons and
papers whenever in his or her opinion it is necessary, and he or she
may examine witnesses under oath, being hereby qualified to administer
the same in the performance of his or her duty, and the testimony so
taken must be filed and preserved in his or her office. He or she
shall have free access to all places and works of labor, and any
principal, owner, operator, manager, or lessee of any mine, factory,
workshop, warehouse, manufacturing or mercantile establishment, or any
agent or employee of any such principal, owner, operator, manager, or
lessee, who shall refuse to the commissioner or his or her duly
authorized representative admission therein, or who shall, when
requested by him or her, wilfully neglect or refuse to furnish him or
her any statistics or information pertaining to his or her lawful
duties which may be in the possession or under the control of said
principal, owner, operator, lessee, manager, or agent thereof, shall be
punished by a fine of not less than fifty nor more than two hundred
dollars.
Sec. 5030 RCW 43.07.110 and 1965 c 8 s 43.07.110 are each amended
to read as follows:
The commissioner shall appoint a deputy commissioner, who shall act
in his or her absence, and the deputy shall receive the sum of twelve
hundred dollars per annum to be paid by the state treasurer in the same
manner as other state officers are paid; the sum allowed for deputy and
other incidental expenses of the bureau shall not exceed the sum of
three thousand dollars any one year. The commissioner shall have
authority to employ one person to act as immigration agent, which agent
shall reside in such city as said commissioner may designate, and he or
she shall be provided with such literature and incidental accessories
as in his or her judgment may be necessary.
Sec. 5031 RCW 43.08.010 and 1977 c 75 s 38 are each amended to
read as follows:
The state treasurer shall:
(1) Receive and keep all moneys of the state in the manner provided
in RCW 43.88.160, as now or hereafter amended;
(2) Disburse the public moneys only upon warrants or checks drawn
upon the treasurer in the manner provided by law;
(3) Account for moneys in the manner provided by law;
(4) Render accounts in the manner provided by law;
(5) Indorse on each warrant when required by law, the date of
payment, the amount of the principal, and the interest due on that
date;
(6) Report annually to the legislature a detailed statement of the
condition of the treasury, and of its operations for the preceding
fiscal year;
(7) Give information, in writing, to either house of the
legislature, whenever required, upon any subject connected with the
treasury, or touching any duty of his or her office;
(8) Account for and pay over all moneys on hand to his or her
successor in office, and deliver all books, vouchers, and effects of
office to him or her, who shall receipt therefor;
(9) Upon payment of any warrant, or check, take upon the back
thereof the indorsement of the person to whom it is paid.
Sec. 5032 RCW 43.08.020 and 1972 ex.s. c 12 s 1 are each amended
to read as follows:
The state treasurer shall reside and keep his or her office at the
seat of government. Before entering upon his or her duties, he or she
shall execute and deliver to the secretary of state a bond to the state
in a sum of not less than five hundred thousand dollars, to be approved
by the secretary of state and one of the justices of the supreme court,
conditioned to pay all moneys at such times as required by law, and for
the faithful performance of all duties required of him or her by law.
He or she shall take an oath of office, to be indorsed on his or her
commission, and file a copy thereof, together with the bond, in the
office of the secretary of state.
Sec. 5033 RCW 43.08.030 and 1965 c 8 s 43.08.030 are each amended
to read as follows:
The treasurer shall keep a seal of office for the authentication of
all papers, writings, and documents required to be certified by him or
her.
Sec. 5034 RCW 43.08.040 and 1965 c 8 s 43.08.040 are each amended
to read as follows:
The treasurer may administer all oaths required by law in matters
pertaining to the duties of his or her office.
Sec. 5035 RCW 43.08.050 and 1965 c 8 s 43.08.050 are each amended
to read as follows:
All the books, papers, letters, and transactions pertaining to the
office of treasurer shall be open for the inspection of a committee of
the legislature to examine or settle all accounts, and to count all
money; and to the inspection of the public generally during office
hours; and when the successor of any treasurer is elected and
qualified, the state auditor shall examine and settle all the accounts
of the treasurer remaining unsettled, and give him or her a certified
statement showing the balance of moneys, securities, and effects for
which he or she is accountable, which have been delivered to his or her
successor, and report the same to the legislature.
Sec. 5036 RCW 43.08.062 and 1986 c 99 s 1 are each amended to
read as follows:
Should the payee or legal holder of any warrant drawn against the
state treasury fail to present the warrant for payment within one
hundred eighty days of the date of its issue or, if registered and
drawing interest, within one hundred eighty days of its call, the state
treasurer shall enter the same as canceled on the books of his or her
office.
Should the payee or legal owner of such a canceled warrant
thereafter present it for payment, the state treasurer may, upon proper
showing by affidavit and the delivery of the warrant into his or her
possession, issue a new warrant in lieu thereof, and the state
treasurer is authorized to pay the new warrant.
Sec. 5037 RCW 43.08.066 and 1979 ex.s. c 71 s 4 are each amended
to read as follows:
Before a duplicate instrument is issued, the state treasurer or
other issuing officer shall require the person making application for
its issue to file in his or her office a written affidavit specifically
alleging on oath that he or she is the proper owner, payee, or legal
representative of such owner or payee of the original instrument,
giving the date of issue, the number, amount, and for what services or
claim or purpose the original instrument or series of instruments of
which it is a part was issued, and that the same has been lost or
destroyed, and has not been paid, or has not been received by him or
her: PROVIDED, That in the event that an original and its duplicate
instrument are both presented for payment as a result of forgery or
fraud, the issuing officer shall be the state agency responsible for
endeavoring to recover any losses suffered by the state.
Sec. 5038 RCW 43.08.068 and 1965 ex.s. c 61 s 3 are each amended
to read as follows:
The state treasurer or other issuing officer shall keep a full and
complete record of all warrants, bonds or other instruments alleged to
have been lost or destroyed, which were issued by such agency, and of
the issue of any duplicate therefor; and upon the issuance of any
duplicate, the officer shall enter upon his or her books the
cancellation of the original instrument and immediately notify the
state treasurer, the state auditor, and all trustees and paying agents
authorized to redeem such instruments on behalf of the state of
Washington, of such cancellation. The treasurer shall keep a similar
list of all warrants, bonds or other instruments so canceled.
Sec. 5039 RCW 43.08.070 and 1981 c 10 s 3 are each amended to
read as follows:
Upon the presentation of any state warrant to the state treasurer,
if there is not sufficient money then available in the appropriate fund
with which to redeem all warrants drawn against such fund which the
treasurer anticipates will be presented for payment during the current
business day, he or she may endorse on the warrant, "Not paid for want
of funds," with the day and date of presentation, and the warrant shall
draw legal interest from and including that date until five days from
and after being called for payment in accordance with RCW 43.08.080, or
until paid, whichever occurs first; or, in the alternative, the
treasurer may prepare and register a single new warrant, drawn against
the appropriate fund, and exchange such new warrant for one or more
warrants not paid for want of funds when presented for payment totaling
a like amount but not exceeding one million dollars, which new warrant
shall then draw legal interest from and including its date of issuance
until five days from and after being called for payment in accordance
with RCW 43.08.080, or until paid, whichever occurs first. The legal
rate or rates of interest on these warrants shall be established by the
state treasurer in accordance with RCW 39.56.030.
Sec. 5040 RCW 43.08.080 and 1971 ex.s. c 88 s 3 are each amended
to read as follows:
When the state treasurer deems that there is sufficient money in a
fund to pay all or part of the registered warrants of such fund, and
the warrants are not presented for payment, he or she may advertise at
least once in some newspaper published at the seat of government,
stating the serial number of the warrants he or she is calling and
prepared to pay; and if such warrants are not presented for payment
within five days from and after the date of publication of the notice,
the warrants shall not then draw any further interest: PROVIDED, That
when said fund has a balance in excess of three percent of the
preceding monthly warrant issue of said fund, or at any time that the
money in the fund exceeds the warrants outstanding, the state treasurer
shall similarly advertise a call for all those registered warrants
which can be fully paid out of said fund in accordance with their
registration sequence.
Sec. 5041 RCW 43.08.100 and 1965 c 8 s 43.08.100 are each amended
to read as follows:
The fiscal agent of the state shall receive all moneys due the
state from any other state or from the federal government, take all
necessary steps for the collection thereof, and apply the same to the
funds to which they belong. He or she shall collect from time to time
all moneys that may accrue to the state by virtue of section 13 of the
enabling act, or from any other source not otherwise provided for by
law.
Sec. 5042 RCW 43.08.120 and 1973 c 10 s 1 are each amended to
read as follows:
The state treasurer may appoint an assistant state treasurer, who
shall have the power to perform any act or duty which may be performed
by the state treasurer, and in case of a vacancy in the office of state
treasurer, perform the duties of the office until the vacancy is filled
as provided by law.
The state treasurer may appoint no more than three deputy state
treasurers, who shall have the power to perform any act or duty which
may be performed by the state treasurer.
The assistant state treasurer and the deputy state treasurers shall
be exempt from the provisions of chapter 41.06 RCW and shall hold
office at the pleasure of the state treasurer; they shall, before
entering upon the duties of their office, take and subscribe, and file
with the secretary of state, the oath of office provided by law for
other state officers.
The state treasurer shall be responsible on his or her official
bond for all official acts of the assistant state treasurer and the
deputy state treasurers.
Sec. 5043 RCW 43.08.130 and 1972 ex.s. c 145 s 2 are each amended
to read as follows:
If the state treasurer wilfully refuses to pay except in accordance
with the provisions of RCW 43.08.070 or by cash or check any warrant
designated as payable in the state treasurer's office which is lawfully
drawn upon the state treasury, or knowingly pays any warrant otherwise
than as provided by law, then any person injured thereby may recover by
action against the treasurer and the sureties on his or her official
bond.
Sec. 5044 RCW 43.08.135 and 1983 c 3 s 100 are each amended to
read as follows:
The state treasurer shall maintain at all times cash, or demand
deposits in qualified public depositaries in an amount needed to meet
the operational needs of state government: PROVIDED, That the state
treasurer shall not be considered in violation of RCW 9A.56.060(1) if
he or she maintains demand accounts in public depositaries in an amount
less than all treasury warrants issued and outstanding.
Sec. 5045 RCW 43.08.150 and 1977 c 75 s 39 are each amended to
read as follows:
As soon as possible after the close of each calendar month, the
state treasurer shall prepare a report as to the state of the general
fund and every other fund under his or her control itemized as to:
(1) The amount in the fund at the close of business at the end of
the preceding month;
(2) The amount of revenue deposited or transferred to the credit of
each fund during the current month;
(3) The amount of withdrawals or transfers from each fund during
the current month; and
(4) The amount on hand in each fund at the close of business at the
end of the current month.
One copy of each report shall be provided promptly to those
requesting them so long as the supply lasts.
Sec. 5046 RCW 43.10.010 and 1973 c 43 s 1 are each amended to
read as follows:
No person shall be eligible to be attorney general unless he or she
is a qualified practitioner of the supreme court of this state.
Before entering upon the duties of his or her office, any person
elected or appointed attorney general shall take, subscribe, and file
the oath of office as required by law; take, subscribe, and file with
the secretary of state an oath to comply with the provisions of RCW
43.10.115; and execute and file with the secretary of state, a bond to
the state, in the sum of five thousand dollars, with sureties to be
approved by the governor, conditioned for the faithful performance of
his or her duties and the paying over of all moneys, as provided by
law.
Sec. 5047 RCW 43.10.020 and 1965 c 8 s 43.10.020 are each amended
to read as follows:
If the governor deems any bond filed by the attorney general
insufficient, he or she may require an additional bond for any amount
not exceeding five thousand dollars.
If any attorney general fails to give such additional bond as
required by the governor within twenty days after notice in writing of
such requirement, his or her office may be declared vacant by the
governor and filled as provided by law.
Sec. 5048 RCW 43.10.030 and 1975 c 40 s 5 are each amended to
read as follows:
The attorney general shall:
(1) Appear for and represent the state before the supreme court or
the court of appeals in all cases in which the state is interested;
(2) Institute and prosecute all actions and proceedings for, or for
the use of the state, which may be necessary in the execution of the
duties of any state officer;
(3) Defend all actions and proceedings against any state officer or
employee acting in his or her official capacity, in any of the courts
of this state or the United States;
(4) Consult with and advise the several prosecuting attorneys in
matters relating to the duties of their office, and when the interests
of the state require, he or she shall attend the trial of any person
accused of a crime, and assist in the prosecution;
(5) Consult with and advise the governor, members of the
legislature, and other state officers, and when requested, give written
opinions upon all constitutional or legal questions relating to the
duties of such officers;
(6) Prepare proper drafts of contracts and other instruments
relating to subjects in which the state is interested;
(7) Give written opinions, when requested by either branch of the
legislature, or any committee thereof, upon constitutional or legal
questions;
(8) Enforce the proper application of funds appropriated for the
public institutions of the state, and prosecute corporations for
failure or refusal to make the reports required by law;
(9) Keep in proper books a record of all cases prosecuted or
defended by him or her, on behalf of the state or its officers, and of
all proceedings had in relation thereto, and deliver the same to his or
her successor in office;
(10) Keep books in which he or she shall record all the official
opinions given by him or her during his or her term of office, and
deliver the same to his or her successor in office;
(11) Pay into the state treasury all moneys received by him or her
for the use of the state.
Sec. 5049 RCW 43.10.060 and 1965 c 8 s 43.10.060 are each amended
to read as follows:
The attorney general may appoint necessary assistants, who shall
hold office at his or her pleasure, and who shall have the power to
perform any act which the attorney general is authorized by law to
perform.
Sec. 5050 RCW 43.10.080 and 1965 c 8 s 43.10.080 are each amended
to read as follows:
The attorney general may employ such skilled experts, scientists,
technicians, or other specially qualified persons as he or she deems
necessary to aid him or her in the preparation or trial of actions or
proceedings.
Sec. 5051 RCW 43.10.090 and 1965 c 8 s 43.10.090 are each amended
to read as follows:
Upon the written request of the governor, the attorney general
shall investigate violations of the criminal laws within this state.
If, after such investigation, the attorney general believes that
the criminal laws are improperly enforced in any county, and that the
prosecuting attorney of the county has failed or neglected to institute
and prosecute violations of such criminal laws, either generally or
with regard to a specific offense or class of offenses, the attorney
general shall direct the prosecuting attorney to take such action in
connection with any prosecution as the attorney general determines to
be necessary and proper.
If any prosecuting attorney, after the receipt of such instructions
from the attorney general, fails or neglects to comply therewith within
a reasonable time, the attorney general may initiate and prosecute such
criminal actions as he or she shall determine. In connection
therewith, the attorney general shall have the same powers as would
otherwise be vested in the prosecuting attorney.
From the time the attorney general has initiated or taken over a
criminal prosecution, the prosecuting attorney shall not have power or
authority to take any legal steps relating to such prosecution, except
as authorized or directed by the attorney general.
Sec. 5052 RCW 43.10.110 and 1965 c 8 s 43.10.110 are each amended
to read as follows:
The attorney general shall have the power and it shall be his or
her duty to perform any other duties that are, or may from time to time
be required of him or her by law.
Sec. 5053 RCW 43.10.115 and 1973 c 43 s 2 are each amended to
read as follows:
The attorney general shall not practice law for remuneration in his
or her private capacity:
(1) As an attorney in any court of this state during his or her
continuance in office; or
(2) As adviser or advocate for any person who may wish to become
his or her client.
Sec. 5054 RCW 43.10.120 and 1973 c 43 s 3 are each amended to
read as follows:
No full time deputy or assistant attorney general shall practice
law for remuneration in his or her private capacity:
(1) As an attorney in any court of this state during his or her
continuance in office; or
(2) As adviser or advocate for any person who may wish to become
his or her client.
Sec. 5055 RCW 43.10.130 and 1973 c 43 s 5 are each amended to
read as follows:
None of the provisions of RCW 43.10.010 and 43.10.115 through
43.10.125 shall be construed as prohibiting the attorney general or any
of his or her full time deputies or assistants from:
(1) Performing legal services for himself or herself or his or her
immediate family; or
(2) Performing legal services of a charitable nature.
Sec. 5056 RCW 43.10.160 and 1979 c 151 s 94 are each amended to
read as follows:
The amounts to be disbursed from the legal services revolving fund
from time to time shall be transferred thereto by the state treasurer
from funds appropriated to any and all agencies for legal services or
administrative expenses on a quarterly basis. Agencies operating in
whole or in part from nonappropriated funds shall pay into the legal
services revolving fund such funds as will fully reimburse funds
appropriated to the attorney general for any legal services provided
activities financed by nonappropriated funds.
The director of financial management shall allot all such funds to
the attorney general for the operation of his or her office, pursuant
to appropriation, in the same manner as appropriated funds are
allocated to other agencies headed by elected officers under chapter
43.88 RCW.
Sec. 5057 RCW 43.10.170 and 1971 ex.s. c 71 s 3 are each amended
to read as follows:
Disbursements from the legal services revolving fund shall be
pursuant to vouchers executed by the attorney general or his or her
designee in accordance with the provisions of RCW 43.88.160.
Sec. 5058 RCW 43.17.030 and 1965 c 8 s 43.17.030 are each amended
to read as follows:
The directors of the several departments shall exercise such powers
and perform such executive and administrative duties as are provided by
law.
Each appointive officer before entering upon the duties of his or
her office shall take and subscribe the oath of office prescribed by
law for elective state officers, and file the same in the office of the
secretary of state.
Sec. 5059 RCW 43.17.040 and 1965 c 8 s 43.17.040 are each amended
to read as follows:
The director of each department may, from time to time, designate
and deputize one of the assistant directors of his or her department to
act as the chief assistant director, who shall have charge and general
supervision of the department in the absence or disability of the
director, and who, in case a vacancy occurs in the office of director,
shall continue in charge of the department until a director is
appointed and qualified, or the governor appoints an acting director.
Sec. 5060 RCW 43.17.050 and 1965 c 8 s 43.17.050 are each amended
to read as follows:
Each department shall maintain its principal office at the state
capital. The director of each department may, with the approval of the
governor, establish and maintain branch offices at other places than
the state capital for the conduct of one or more of the functions of
his or her department.
The governor, in his or her discretion, may require all
administrative departments of the state and the appointive officers
thereof, other than those created by this chapter, to maintain their
principal offices at the state capital in rooms to be furnished by the
director of general administration.
Sec. 5061 RCW 43.17.060 and 1965 c 8 s 43.17.060 are each amended
to read as follows:
The director of each department may prescribe rules and
regulations, not inconsistent with law, for the government of his or
her department, the conduct of its subordinate officers and employees,
the disposition and performance of its business, and the custody, use,
and preservation of the records, papers, books, documents, and property
pertaining thereto.
Sec. 5062 RCW 43.17.100 and 1977 ex.s. c 270 s 7 are each amended
to read as follows:
Every appointive state officer and employee of the state shall give
a surety bond, payable to the state in such sum as shall be deemed
necessary by the director of the department of general administration,
conditioned for the honesty of the officer or employee and for the
accounting of all property of the state that shall come into his or her
possession by virtue of his or her office or employment, which bond
shall be approved as to form by the attorney general and shall be filed
in the office of the secretary of state.
The director of general administration may purchase one or more
blanket surety bonds for the coverage required in this section.
Any bond required by this section shall not be considered an
official bond and shall not be subject to chapter 42.08 RCW.
Sec. 5063 RCW 43.19.180 and 1975-'76 2nd ex.s. c 21 s 1 are each
amended to read as follows:
The director of general administration shall appoint and deputize
an assistant director to be known as the state purchasing and material
control director, who shall have charge and supervision of the division
of purchasing. In this capacity he or she shall ensure that overall
state purchasing and material control policy is implemented by state
agencies, including educational institutions, within established time
limits.
With the approval of the director of general administration, he or
she may appoint and employ such assistants and personnel as may be
necessary to carry on the work of the division.
Sec. 5064 RCW 43.19.1915 and 1965 c 8 s 43.19.1915 are each
amended to read as follows:
When any bid has been accepted, the division of purchasing may
require of the successful bidder a bond payable to the state in such
amount with such surety or sureties as determined by the division of
purchasing, conditioned that he or she will fully, faithfully and
accurately execute the terms of the contract into which he or she has
entered. The bond shall be filed in the office of the division of
purchasing. Bidders who regularly do business with the state shall be
permitted to file with the division of purchasing an annual bid bond in
an amount established by the division and such annual bid bond shall be
acceptable as surety in lieu of furnishing surety with individual bids.
Sec. 5065 RCW 43.19.1937 and 1995 c 269 s 1405 are each amended
to read as follows:
No state employee whose duties performed for the state include:
(1) Advising on or drawing specifications for supplies, equipment,
commodities, or services;
(2) Suggesting or determining vendors to be placed upon a bid list;
(3) Drawing requisitions for supplies, equipment, commodities, or
services;
(4) Evaluating specifications or bids and suggesting or determining
awards; or
(5) Accepting the receipt of supplies, equipment, and commodities
or approving the performance of services or contracts;
shall accept or receive, directly or indirectly, a personal financial
benefit, or accept any gift, token, membership, or service, as a result
of a purchase entered into by the state, from any person, firm, or
corporation engaged in the sale, lease, or rental of property,
material, supplies, equipment, commodities, or services to the state of
Washington.
Violation of this section shall be considered a malfeasance and may
cause loss of position, and the violator shall be liable to the state
upon his or her official bond for all damages sustained by the state.
Contracts involved may be canceled at the option of the state.
Penalties provided in this section are not exclusive, and shall not bar
action under any other statute penalizing the same act or omission.
Sec. 5066 RCW 43.19.200 and 1986 c 158 s 10 are each amended to
read as follows:
(1) The governing authorities of the state's educational
institutions, the elective state officers, the supreme court, the court
of appeals, the administrative and other departments of the state
government, and all appointive officers of the state, shall prepare
estimates of the supplies required for the proper conduct and
maintenance of their respective institutions, offices, and departments,
covering periods to be fixed by the director, and forward them to the
director in accordance with his or her directions. No such
authorities, officers, or departments, or any officer or employee
thereof, may purchase any article for the use of their institutions,
offices, or departments, except in case of emergency purchases as
provided in subsection (2) of this section.
(2) The authorities, officers, and departments enumerated in
subsection (1) of this section may make emergency purchases in response
to unforeseen circumstances beyond the control of the agency which
present a real, immediate, and extreme threat to the proper performance
of essential functions or which may reasonably be expected to result in
excessive loss or damage to property, bodily injury, or loss of life.
When an emergency purchase is made, the agency head shall submit
written notification of the purchase, within three days of the
purchase, to the director of general administration. This notification
shall contain a description of the purchase, description of the
emergency and the circumstances leading up to the emergency, and an
explanation of why the circumstances required an emergency purchase.
(3) Purchases made for the state's educational institutions, the
offices of the elective state officers, the supreme court, the court of
appeals, the administrative and other departments of the state
government, and the offices of all appointive officers of the state,
shall be paid for out of the moneys appropriated for supplies,
material, and service of the respective institutions, offices, and
departments.
(4) The director of general administration shall submit, on an
annual basis, the written notifications required by subsection (2) of
this section to the director of financial management.
Sec. 5067 RCW 43.19.595 and 1975 1st ex.s. c 167 s 9 are each
amended to read as follows:
All passenger motor vehicles, property, facilities, equipment,
credits, funds, and all other assets and obligations of the automobile
pool and pertaining to passenger motor vehicles currently operated by
the department of highways and funded by that portion of the highway
equipment fund known as "District No. 8 (Motor Pool)" shall be
transferred to the department of general administration on July 1,
1975. The director of general administration may accept such property
prior thereto if he or she deems it expedient to accomplish an orderly
transition.
Sec. 5068 RCW 43.19.600 and 1982 c 163 s 12 are each amended to
read as follows:
(1) On or after July 1, 1975, any passenger motor vehicles
currently owned or hereafter acquired by any state agency, except
vehicles acquired from federal granted funds and over which the federal
government retains jurisdiction and control, may be purchased by or
transferred to the department of general administration with the
consent of the state agency concerned. The director of general
administration may accept vehicles subject to the provisions of RCW
43.19.560 through 43.19.630, 43.41.130 and 43.41.140 prior to July 1,
1975, if he or she deems it expedient to accomplish an orderly
transition.
(2) The department, in cooperation with the office of financial
management, shall study and ascertain current and prospective needs of
state agencies for passenger motor vehicles and shall recommend
transfer to a state motor pool or other appropriate disposition of any
vehicle found not to be required by a state agency.
(3) The department shall direct the transfer of passenger motor
vehicles from a state agency to a state motor pool or other disposition
as appropriate, based on a study under subsection (2) of this section,
or after a public hearing held by the department, if a finding is made
based on testimony and data therein submitted that the economy,
efficiency, or effectiveness of state government would be improved by
such a transfer or other disposition of passenger motor vehicles. Any
dispute over the accuracy of testimony and data submitted as to the
benefits in state governmental economy, efficiency, and effectiveness
to be gained by such transfer shall be resolved by the governor or the
governor's designee.
Sec. 5069 RCW 43.19.620 and 1989 c 57 s 7 are each amended to
read as follows:
The director of general administration, through the supervisor of
motor transport, shall adopt, promulgate, and enforce such regulations
as may be deemed necessary to accomplish the purpose of RCW 43.19.560
through 43.19.630, 43.41.130, and 43.41.140. Such regulations, in
addition to other matters, shall provide authority for any agency
director or his or her delegate to approve the use on official state
business of personally owned or commercially owned rental passenger
motor vehicles. Before such an authorization is made, it must first be
reasonably determined that state owned passenger vehicles or other
suitable transportation is not available at the time or location
required or that the use of such other transportation would not be
conducive to the economical, efficient, and effective conduct of
business.
Such regulations shall be consistent with and shall carry out the
objectives of the general policies and guidelines adopted by the office
of financial management pursuant to RCW 43.41.130.
Sec. 5070 RCW 43.19.630 and 1989 c 57 s 8 are each amended to
read as follows:
RCW 43.19.560 through 43.19.620, 43.41.130, and 43.41.140 shall not
be construed to prohibit a state officer or employee from using his or
her personal motor vehicle on state business and being reimbursed
therefor, where permitted under state travel policies, rules, and
regulations promulgated by the office of financial management, and
where such use is in the interest of economic, efficient, and effective
management and performance of official state business.
Sec. 5071 RCW 43.19.635 and 1975 1st ex.s. c 167 s 17 are each
amended to read as follows:
(1) The governor, acting through the department of general
administration and any other appropriate agency or agencies as he or
she may direct, is empowered to utilize all reasonable means for
detecting the unauthorized use of state owned motor vehicles, including
the execution of agreements with the state patrol for compliance
enforcement. Whenever such illegal use is discovered which involves a
state employee, the employing agency shall proceed as provided by law
to establish the amount, extent, and dollar value of any such use,
including an opportunity for notice and hearing for the employee
involved. When such illegal use is so established, the agency shall
assess its full cost of any mileage illegally used and shall recover
such amounts by deductions from salary or allowances due to be paid to
the offending official or employee by other means. Recovery of costs
by the state under this subsection shall not preclude disciplinary or
other action by the appropriate appointing authority or employing
agency under subsection (2) of this section.
(2) Any wilful and knowing violation of any provision of RCW
43.19.560 through 43.19.620, 43.41.130 and 43.41.140 shall subject the
state official or employee committing such violation to disciplinary
action by the appropriate appointing or employing agency. Such
disciplinary action may include, but shall not be limited to,
suspension without pay, or termination of employment in the case of
repeated violations.
(3) Any casual or inadvertent violation of RCW 43.19.560 through
43.19.620, 43.41.130 and 43.41.140 may subject the state official or
employee committing such violation to disciplinary action by the
appropriate appointing authority or employing agency. Such
disciplinary action may include, but need not be limited to, suspension
without pay.
Sec. 5072 RCW 43.20.030 and 2006 c 238 s 1 are each amended to
read as follows:
The state board of health shall be composed of ten members. These
shall be the secretary or the secretary's designee and nine other
persons to be appointed by the governor, including four persons
experienced in matters of health and sanitation, one of whom is a
health official from a federally recognized tribe; an elected city
official who is a member of a local health board; an elected county
official who is a member of a local health board; a local health
officer; and two persons representing the consumers of health care.
Before appointing the city official, the governor shall consider any
recommendations submitted by the association of Washington cities.
Before appointing the county official, the governor shall consider any
recommendations submitted by the Washington state association of
counties. Before appointing the local health officer, the governor
shall consider any recommendations submitted by the Washington state
association of local public health officials. Before appointing one of
the two consumer representatives, the governor shall consider any
recommendations submitted by the state council on aging. The
((chairman)) chair shall be selected by the governor from among the
nine appointed members. The department of health shall provide
necessary technical staff support to the board. The board may employ
an executive director and a confidential secretary, each of whom shall
be exempt from the provisions of the state civil service law, chapter
41.06 RCW.
Members of the board shall be compensated in accordance with RCW
43.03.240 and shall be reimbursed for their travel expenses in
accordance with RCW 43.03.050 and 43.03.060.
Sec. 5073 RCW 43.20A.040 and 1970 ex.s. c 18 s 4 are each amended
to read as follows:
The executive head and appointing authority of the department shall
be the secretary of social and health services. He or she shall be
appointed by the governor with the consent of the senate, and shall
serve at the pleasure of the governor. He or she shall be paid a
salary to be fixed by the governor in accordance with the provisions of
RCW 43.03.040. If a vacancy occurs in his or her position while the
senate is not in session, the governor shall make a temporary
appointment until the next meeting of the senate, when he or she shall
present to that body his or her nomination for the office.
Sec. 5074 RCW 43.20A.110 and 1970 ex.s. c 18 s 9 are each amended
to read as follows:
The secretary may delegate any power or duty vested in or
transferred to him or her by law, or executive order, to his or her
deputy secretary or to any other assistant or subordinate; but the
secretary shall be responsible for the official acts of the officers
and employees of the department.
Sec. 5075 RCW 43.20A.310 and 1979 c 141 s 65 are each amended to
read as follows:
In addition to his or her other powers and duties, the secretary or
his or her designee, shall have the following powers and duties:
(1) To prepare, adopt and certify the state plan for vocational
rehabilitation;
(2) With respect to vocational rehabilitation, to adopt necessary
rules and regulations and do such other acts not forbidden by law
necessary to carry out the duties imposed by state law and the federal
acts;
(3) To carry out the aims and purposes of the acts of congress
pertaining to vocational rehabilitation.
Sec. 5076 RCW 43.20A.320 and 1970 ex.s. c 18 s 43 are each
amended to read as follows:
The secretary or his or her designee shall consult with the
coordinating council for occupational education in order to maintain
close contact with developing programs of vocational education,
particularly as such programs may affect programs undertaken in
connection with vocational rehabilitation.
Sec. 5077 RCW 43.20A.415 and 1971 ex.s. c 309 s 4 are each
amended to read as follows:
When, pursuant to RCW 43.20A.400 through 43.20A.430, the secretary
elects to purchase a service or services, he or she shall retain
continuing basic responsibility for:
(1) Determining the eligibility of individuals for services;
(2) The selection, quality, effectiveness, and execution of a plan
or program of services suited to the need of an individual or of a
group of individuals; and
(3) Measuring the cost effectiveness of purchase of services.
Sec. 5078 RCW 43.20A.605 and 1989 c 175 s 97 are each amended to
read as follows:
(1) The secretary shall have full authority to administer oaths and
take testimony thereunder, to issue subpoenas requiring the attendance
of witnesses before him or her together with all books, memoranda,
papers, and other documents, articles or instruments, and to compel the
disclosure by such witnesses of all facts known to them relative to the
matters under investigation.
(2) Subpoenas issued in adjudicative proceedings are governed by
RCW 34.05.588(1).
(3) Subpoenas issued in the conduct of investigations required or
authorized by other statutory provisions or necessary in the
enforcement of other statutory provisions shall be governed by RCW
34.05.588(2).
Sec. 5079 RCW 43.20A.635 and 1979 c 141 s 52 are each amended to
read as follows:
It shall be the duty of the secretary of social and health services
and he or she shall have the power to establish and administer a
program of services for children who are crippled or who are suffering
from physical conditions which lead to crippling, which shall provide
for developing, extending, and improving services for locating such
children, and for providing for medical, surgical, corrective, and
other services and care, and facilities for diagnosis, hospitalization,
and after care; to supervise the administration of those services,
included in the program, which are not administered directly by it; to
extend and improve any such services, including those in existence on
April 1, 1941; to cooperate with medical, health, nursing, and welfare
groups and organizations, and with any agency of the state charged with
the administration of laws providing for vocational rehabilitation of
physically handicapped children; to cooperate with the federal
government, through its appropriate agency or instrumentality in
developing, extending, and improving such services; and to receive and
expend all funds made available to the department by the federal
government, the state or its political subdivisions or from other
sources, for such purposes.
Sec. 5080 RCW 43.20A.660 and 1989 1st ex.s. c 9 s 215 are each
amended to read as follows:
(1) It shall be the duty of each assistant attorney general,
prosecuting attorney, or city attorney to whom the secretary reports
any violation of chapter 43.20A RCW, or regulations promulgated
thereunder, to cause appropriate proceedings to be instituted in the
proper courts, without delay, and to be duly prosecuted as prescribed
by law.
(2) Before any violation of chapter 43.20A RCW is reported by the
secretary to the prosecuting attorney for the institution of a criminal
proceeding, the person against whom such proceeding is contemplated
shall be given appropriate notice and an opportunity to present his or
her views to the secretary, either orally or in writing, with regard to
such contemplated proceeding.
Sec. 5081 RCW 43.21A.050 and 1970 ex.s. c 62 s 5 are each amended
to read as follows:
The executive and administrative head of the department shall be
the director. The director shall be appointed by the governor with the
consent of the senate. He or she shall have complete charge of and
supervisory powers over the department. He or she shall be paid a
salary fixed by the governor in accordance with the provisions of RCW
43.03.040. If a vacancy occurs in the position of director while the
senate is not in session, the governor shall make a temporary
appointment until the next meeting of the senate at which time he or
she shall present to that body his or her nomination for the position.
Sec. 5082 RCW 43.21A.067 and 1987 c 109 s 27 are each amended to
read as follows:
The director of ecology may create within his or her department a
fund to be known as the "basic data fund."
Into such fund shall be deposited all moneys contributed by persons
for stream flow, groundwater and water quality data or other
hydrographic information furnished by the department in cooperation
with the United States geological survey, and the fund shall be
expended on a matching basis with the United States geological survey
for the purpose of obtaining additional basic information needed for an
intelligent inventory of water resources in the state.
Disbursements from the basic data fund shall be on vouchers
approved by the department and the district engineer of the United
States geological survey.
Sec. 5083 RCW 43.21A.090 and 1970 ex.s. c 62 s 9 are each amended
to read as follows:
All powers, duties and functions transferred to the department by
the terms of chapter 62, Laws of 1970 ex. sess. shall be performed by
the director: PROVIDED, That the director may delegate, by appropriate
rule or regulation, the performance of such of his or her powers,
duties, and functions, other than those relating to the adoption,
amendment or rescission of rules and regulations, to employees of the
department whenever it appears desirable in fulfilling the policy and
purposes of this chapter.
Sec. 5084 RCW 43.21A.100 and 1970 ex.s. c 62 s 10 are each
amended to read as follows:
In order to obtain maximum efficiency and effectiveness within the
department, the director may create such administrative divisions
within the department as he or she deems necessary. The director shall
appoint a deputy director as well as such assistant directors as shall
be needed to administer the several divisions within the department.
The deputy director shall have charge and general supervision of the
department in the absence or disability of the director. In the case
of a vacancy in the office of director, the deputy director shall
administer the department until the governor appoints a successor to
the director or an acting director. The officers appointed under this
section and exempt from the provisions of the state civil service law
as provided in RCW 41.06.073, shall be paid salaries to be fixed by the
governor in accordance with the procedure established by law for the
fixing of salaries for officers exempt from the operation of the state
civil service law.
Sec. 5085 RCW 43.21A.140 and 1979 c 141 s 67 are each amended to
read as follows:
The director in carrying out his or her powers and duties under
this chapter shall consult with the department of social and health
services and the state board of health, or their successors, insofar as
necessary to assure that those agencies concerned with the preservation
of life and health may integrate their efforts to the fullest extent
possible and endorse policies in common.
Sec. 5086 RCW 43.21A.600 and 1988 c 127 s 8 are each amended to
read as follows:
The department shall make studies and surveys, collect, compile and
disseminate information and statistics to facilitate development of the
electric power resources of the state by public utility districts,
municipalities, electric cooperatives, joint operating agencies and
public utility companies. The director may cause studies to be made
relating to the construction of steam generating plants using any
available fuel and their integration with hydro-electric facilities.
He or she may cause designs for any such plant to be prepared. He or
she shall employ such engineers and other experts and assistants as may
be necessary to carry out his or her power resources functions.
Sec. 5087 RCW 43.21A.605 and 1988 c 127 s 9 are each amended to
read as follows:
The director may represent the state and aid and assist the public
utilities therein to the end that its resources shall be properly
developed in the public interest insofar as they affect electric power
and to this end he or she shall cooperate and may negotiate with
Canada, the United States, the states thereof and their agencies to
develop and integrate the resources of the region.
Sec. 5088 RCW 43.21A.610 and 1988 c 127 s 10 are each amended to
read as follows:
The director shall continue the study of the state power commission
made in 1956 relating to the construction of a steam power electric
generating plant, and if the construction of a steam electric
generating plant is found to be feasible by the director, the director
may construct such plant at a site determined by him or her to be
feasible and operate it as a state owned facility.
Sec. 5089 RCW 43.21A.620 and 1988 c 127 s 15 are each amended to
read as follows:
For the purposes provided for in RCW 43.21A.610 through 43.21A.642,
the state finance committee shall, upon being notified to do so by the
director, issue revenue bonds or warrants payable from the revenues
from the steam electric plant provided for in RCW 43.21A.610. When the
director deems it advisable that he or she acquire or construct said
steam electric plant or make additions or betterments thereto, he or
she shall so notify the state finance committee and he or she shall
also notify the state finance committee as to the plan proposed,
together with the estimated cost thereof. The state finance committee,
upon receiving such notice, shall provide for the construction thereof
and the issuance of revenue bonds or warrants therefor by a resolution
which shall specify and adopt the system or plan proposed, and declare
the estimated cost thereof, as nearly as may be, including as part of
the cost, funds necessary for working capital for the operation of such
utility and the payment of the expenses incurred in the acquisition or
construction thereof. Such resolution shall specify that utility
revenue bonds are to be issued to defray the cost thereof and the
amount of such bonds to be issued. Bonds issued under the provisions
of RCW 43.21A.610 through 43.21A.642 shall distinctly state that they
are not a general obligation of the state.
Sec. 5090 RCW 43.21A.630 and 1965 c 8 s 43.21.350 are each
amended to read as follows:
Prior to the issuance and delivery of any revenue bonds, such bonds
and a certified copy of the resolution authorizing them shall be
delivered to the state auditor together with any additional information
that he or she may require. When the bonds 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 bond and signed by the auditor or a deputy appointed by him
or her for the purpose. The bonds shall then be prima facie valid and
binding obligations of the state finance committee in accordance with
their terms, notwithstanding any defects or irregularities in the
authorization and issuance of the bonds, or in the sale, execution or
delivery thereof.
Sec. 5091 RCW 43.21B.020 and 1970 ex.s. c 62 s 32 are each
amended to read as follows:
The hearings board shall consist of three members qualified by
experience or training in pertinent matters pertaining to the
environment, and at least one member of the hearings board shall have
been admitted to practice law in this state and engaged in the legal
profession at the time of his or her appointment. The hearings board
shall be appointed by the governor with the advice and consent of the
senate, and no more than two of whom at the time of appointment or
during their term shall be members of the same political party.
Sec. 5092 RCW 43.21B.050 and 1975-'76 2nd ex.s. c 34 s 101 are
each amended to read as follows:
The hearings board shall operate on either a part time or a full
time basis, as determined by the governor. If it is determined that
the hearings board shall operate on a full time basis, each member of
the hearings board shall receive an annual salary to be determined by
the governor pursuant to RCW 43.03.040. If it is determined the
hearings board shall operate on a part time basis, each member of the
hearings board shall receive compensation on the basis of seventy-five
dollars for each day spent in performance of his or her duties but such
compensation shall not exceed ten thousand dollars in a fiscal year.
Each hearings board member shall receive reimbursement for travel
expenses incurred in the discharge of his or her duties in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
Sec. 5093 RCW 43.21B.060 and 1970 ex.s. c 62 s 36 are each
amended to read as follows:
Each member of the hearings board: (1) Shall not be a candidate
for nor hold any other public office or trust, and shall not engage in
any occupation or business interfering with or inconsistent with his or
her duty as a member of the hearings board, nor shall he or she serve
on or under any committee of any political party; and (2) shall not for
a period of one year after the termination of his or her membership on
the hearings board, act in a representative capacity before the
hearings board on any matter.
Sec. 5094 RCW 43.21B.080 and 1970 ex.s. c 62 s 38 are each
amended to read as follows:
The hearings board shall as soon as practicable after the initial
appointment of the members thereof, meet and elect from among its
members a ((chairman)) chair, and shall at least biennially thereafter
meet and elect such a ((chairman)) chair.
Sec. 5095 RCW 43.21C.010 and 1971 ex.s. c 109 s 1 are each
amended to read as follows:
The purposes of this chapter are: (1) To declare a state policy
which will encourage productive and enjoyable harmony between ((man))
humankind and ((his)) the environment; (2) to promote efforts which
will prevent or eliminate damage to the environment and biosphere; (3)
and stimulate the health and welfare of ((man)) human beings; and (4)
to enrich the understanding of the ecological systems and natural
resources important to the state and nation.
Sec. 5096 RCW 43.21C.020 and 1971 ex.s. c 109 s 2 are each
amended to read as follows:
(1) The legislature, recognizing that ((man)) a human being depends
on ((his)) biological and physical surroundings for food, shelter, and
other needs, and for cultural enrichment as well; and recognizing
further the profound impact of ((man's)) a human being's activity on
the interrelations of all components of the natural environment,
particularly the profound influences of population growth, high-density
urbanization, industrial expansion, resource utilization and
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and
maintaining environmental quality to the overall welfare and
development of ((man)) human beings, declares that it is the continuing
policy of the state of Washington, in cooperation with federal and
local governments, and other concerned public and private
organizations, to use all practicable means and measures, including
financial and technical assistance, in a manner calculated to: (a)
Foster and promote the general welfare; (b) ((to)) create and maintain
conditions under which ((man)) human beings and nature can exist in
productive harmony; and (c) fulfill the social, economic, and other
requirements of present and future generations of Washington citizens.
(2) In order to carry out the policy set forth in this chapter, it
is the continuing responsibility of the state of Washington and all
agencies of the state to use all practicable means, consistent with
other essential considerations of state policy, to improve and
coordinate plans, functions, programs, and resources to the end that
the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(b) Assure for all people of Washington safe, healthful,
productive, and aesthetically and culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety, or other undesirable and
unintended consequences;
(d) Preserve important historic, cultural, and natural aspects of
our national heritage;
(e) Maintain, wherever possible, an environment which supports
diversity and variety of individual choice;
(f) Achieve a balance between population and resource use which
will permit high standards of living and a wide sharing of life's
amenities; and
(g) Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(3) The legislature recognizes that each person has a fundamental
and inalienable right to a healthful environment and that each person
has a responsibility to contribute to the preservation and enhancement
of the environment.
Sec. 5097 RCW 43.21E.010 and 1975 1st ex.s. c 44 s 1 are each
amended to read as follows:
Within thirty days of May 15, 1975 the director of the Washington
state department of ecology shall appoint a grass burning research
advisory committee consisting of five voting members.
Two members shall be grass growers selected from the area of the
state east of the Cascade mountain range, one representing irrigated
and one representing dryland growing areas. One member shall be a
grass grower selected from the area of the state west of the Cascade
mountain range. One member shall be a representative of the Washington
state department of agriculture, and one member shall represent the
public, and may be selected at large. The committee shall select its
own ((chairman)) chair. The state department of ecology shall provide
an ex officio, nonvoting member to the committee to act as secretary.
Sec. 5098 RCW 43.21F.405 and 1969 c 9 s 2 are each amended to
read as follows:
The board member from Washington shall be appointed by and shall
serve at the pleasure of the governor. The board member may designate
another person as his or her representative to attend meetings of the
board.
Sec. 5099 RCW 43.21G.080 and 1977 ex.s. c 328 s 8 are each
amended to read as follows:
The governor may order any distributor to take such action on his
or her behalf as may be required to implement orders issued pursuant to
this chapter as now or hereafter amended: PROVIDED, That orders to
regulated distributors shall be issued by the Washington utilities and
transportation commission in conformance with orders of the governor.
No distributor shall be liable for actions taken in accordance with
such orders issued by the governor or the Washington utilities and
transportation commission.
All allocations of energy from one distributor to another
distributor pursuant to orders issued or as a result of actions taken
under this chapter as now or hereafter amended are subject to fair and
just reimbursement. Such reimbursement for any allocation of energy
between regulated distributors shall be subject to the approval of the
Washington utilities and transportation commission. A distributor is
authorized to enter into agreements with another distributor for the
purpose of determining financial or commodity reimbursement.
Sec. 5100 RCW 43.22.310 and 1965 c 8 s 43.22.310 are each amended
to read as follows:
The director or any employee of the department of labor and
industries may enter any factory, mill, office, workshop, or public or
private works at any time for the purpose of gathering facts and
statistics as provided by this chapter, and examine into the methods of
protection from danger to employees, and the sanitary conditions in and
around such buildings and places and make a record thereof, and any
owner or occupant of such factory, mill, office or workshop, or public
or private works, or his or her agent who refuses to allow an inspector
or employee of the department to enter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by a fine
of not less than twenty-five dollars nor more than one hundred dollars,
or be imprisoned in the county jail not to exceed ninety days.
Sec. 5101 RCW 43.22.400 and 1995 c 280 s 11 are each amended to
read as follows:
If the director of the department of labor and industries
determines that the standards for body and frame design, construction
and the plumbing, heating and electrical equipment installed in mobile
homes, commercial coaches, recreational vehicles, and/
Sec. 5102 RCW 43.22.485 and 1973 1st ex.s. c 22 s 6 are each
amended to read as follows:
If the director of the department determines that the standards for
factory built housing or factory built commercial structures prescribed
by statute, rule or regulation of another state are at least equal to
the regulations prescribed under RCW 43.22.450 through 43.22.490, and
that such standards are actually enforced by such other state, he or
she may provide by regulation that factory built housing or factory
built commercial structures approved by such other state shall be
deemed to have been approved by the department.
Sec. 5103 RCW 43.23.015 and 1983 c 248 s 4 are each amended to
read as follows:
Except for the functions specified in RCW 43.23.070, the director
may, at his or her discretion, reassign any of the functions delegated
to the various divisions of the department under the provisions of this
chapter or any other law to any other division of the department.
Sec. 5104 RCW 43.23.090 and 1983 c 248 s 8 are each amended to
read as follows:
The director of agriculture shall exercise all powers and perform
all duties prescribed by law with respect to the inspection of foods,
food products, drinks, milk and milk products, and dairies and dairy
products and the components thereof.
He or she shall enforce and supervise the administration of all
laws relating to foods, food products, drinks, milk and milk products,
dairies and dairy products, and their inspection, manufacture, and
sale.
Sec. 5105 RCW 43.23.110 and 1983 c 248 s 9 are each amended to
read as follows:
The director of agriculture shall exercise all powers and perform
all duties prescribed by law with respect to grains, grain and hay
products, grain and terminal warehouses, commercial feeds, commercial
fertilizers, and chemical pesticides.
He or she shall enforce and supervise the administration of all
laws relating to grains, grain and hay products, grain and terminal
warehouses, commercial feeds, commercial fertilizers, and chemical
pesticides.
Sec. 5106 RCW 43.23.120 and 1977 c 75 s 50 are each amended to
read as follows:
The director of agriculture may publish and distribute bulletins
and reports embodying information upon the subjects of agriculture,
horticulture, livestock, dairying, foods and drugs, and other matters
pertaining to his or her department.
Sec. 5107 RCW 43.23.130 and 1977 c 75 s 51 are each amended to
read as follows:
The director of agriculture shall make an annual report to the
governor containing an account of all matters pertaining to his or her
department and its administration.
Sec. 5108 RCW 43.23.160 and 1983 c 248 s 10 are each amended to
read as follows:
The director of agriculture shall exercise all the powers and
perform all the duties prescribed by law relating to commission
merchants, livestock identification, livestock brand registration and
inspection. All officers appointed to enforce these laws who have
successfully completed a course of training prescribed by the
Washington state criminal justice training commission shall have the
authority generally vested in a peace officer solely for the purpose of
enforcing these laws.
He or she shall enforce and supervise the administration of all
laws relating to commission merchants, livestock identification and
shall have the power to enforce all laws relating to any division under
the supervision of the director of agriculture.
Sec. 5109 RCW 43.24.090 and 1965 c 8 s 43.24.090 are each amended
to read as follows:
Any person taking any written examination prescribed or authorized
by law, for a license or permit to practice any trade, occupation, or
profession, who, because of any handicap, is unable to write the
examination himself or herself, may dictate it to and have it written
or typed by another, to the same effect as though the examination were
written out by himself or herself. Any expense connected therewith
shall be borne by the person taking the examination.
Sec. 5110 RCW 43.24.115 and 1965 c 100 s 6 are each amended to
read as follows:
The director may deputize one or more of his or her assistants to
perform his or her duties with reference to refusal, revocation or
suspension of licenses, including the power to preside at hearings and
to render decisions therein subject to the approval of the director.
Sec. 5111 RCW 43.27A.190 and 1987 c 109 s 11 are each amended to
read as follows:
Notwithstanding and in addition to any other powers granted to the
department of ecology, whenever it appears to the department that a
person is violating or is about to violate any of the provisions of the
following:
(1) Chapter 90.03 RCW; or
(2) Chapter 90.44 RCW; or
(3) Chapter 86.16 RCW; or
(4) Chapter 43.37 RCW; or
(5) Chapter 43.27A RCW; or
(6) Any other law relating to water resources administered by the
department; or
(7) A rule or regulation adopted, or a directive or order issued by
the department relating to subsections (1) through (6) of this section;
the department may cause a written regulatory order to be served upon
said person either personally, or by registered or certified mail
delivered to addressee only with return receipt requested and
acknowledged by him or her. The order shall specify the provision of
the statute, rule, regulation, directive or order alleged to be or
about to be violated, and the facts upon which the conclusion of
violating or potential violation is based, and shall order the act
constituting the violation or the potential violation to cease and
desist or, in appropriate cases, shall order necessary corrective
action to be taken with regard to such acts within a specific and
reasonable time. The regulation of a headgate or controlling works as
provided in RCW 90.03.070, by a watermaster, stream ((patrolman))
patrol officer, or other person so authorized by the department shall
constitute a regulatory order within the meaning of this section. A
regulatory order issued hereunder shall become effective immediately
upon receipt by the person to whom the order is directed, except for
regulations under RCW 90.03.070 which shall become effective when a
written notice is attached as provided therein. Any person aggrieved
by such order may appeal the order pursuant to RCW 43.21B.310.
Sec. 5112 RCW 43.33.040 and 1965 c 8 s 43.33.040 are each amended
to read as follows:
The state finance committee may make appropriate rules and
regulations for the performance of its duties. The state treasurer
shall act as ((chairman)) chair of the committee.
Sec. 5113 RCW 43.37.050 and 1973 c 64 s 4 are each amended to
read as follows:
In the case of hearings pursuant to RCW 43.37.180 the department
shall, and in other cases may, cause a record of the proceedings to be
taken and filed with the department, together with its findings and
conclusions. For any hearing, the director of the department or a
representative designated by him or her is authorized to administer
oaths and affirmations, examine witnesses, and issue, in the name of
the department, notice of the hearing or subpoenas requiring any person
to appear and testify, or to appear and produce documents, or both, at
any designated place.
Sec. 5114 RCW 43.37.120 and 1973 c 64 s 10 are each amended to
read as follows:
A separate permit shall be issued for each operation. Prior to
undertaking any weather modification and control activities the
licensee shall file with the department and also cause to be published
a notice of intention. The licensee, if a permit is issued, shall
confine his or her activities for the permitted operation within the
time and area limits set forth in the notice of intention, unless
modified by the department; and his or her activities shall also
conform to any conditions imposed by the department upon the issuance
of the permit or to the terms of the permit as modified after issuance.
Sec. 5115 RCW 43.37.150 and 1973 c 64 s 12 are each amended to
read as follows:
Proof of financial responsibility may be furnished by an applicant
by his or her showing, to the satisfaction of the department, his or
her ability to respond in damages for liability which might reasonably
be attached to or result from his or her weather modification and
control activities in connection with the operation for which he or she
seeks a permit.
Sec. 5116 RCW 43.37.160 and 1973 c 64 s 13 are each amended to
read as follows:
The fee to be paid by each applicant for a permit shall be
equivalent to one and one-half percent of the estimated cost of such
operation, the estimated cost to be computed by the department from the
evidence available to it. The fee is due and payable to the department
as of the date of the issuance of the permit; however, if the applicant
is able to give to the department satisfactory security for the payment
of the balance, he or she may be permitted to commence the operation,
and a permit may be issued therefor, upon the payment of not less than
fifty percent of the fee. The balance due shall be paid within three
months from the date of the termination of the operation as prescribed
in the permit. Failure to pay a permit fee as required shall be
grounds for suspension or revocation of the license of the delinquent
permit holder and grounds for refusal to renew his or her license or to
issue any further permits to such person.
Sec. 5117 RCW 43.37.170 and 1973 c 64 s 14 are each amended to
read as follows:
(1) Every licensee shall keep and maintain a record of all
operations conducted by him or her pursuant to his or her license and
each permit, showing the method employed, the type of equipment used,
materials and amounts thereof used, the times and places of operation
of the equipment, the name and post office address of each individual
participating or assisting in the operation other than the licensee,
and such other general information as may be required by the department
and shall report the same to the department at the time and in the
manner required.
(2) The department shall require written reports in such manner as
it provides but not inconsistent with the provisions of this chapter,
covering each operation for which a permit is issued. Further, the
department shall require written reports from such organizations as are
exempted from license, permit, and liability requirements as provided
in RCW 43.37.090.
(3) The reports and records in the custody of the department shall
be open for public examination.
Sec. 5118 RCW 43.41.060 and 1979 c 151 s 112 are each amended to
read as follows:
The executive head of the office of financial management shall be
the director, who shall be appointed by the governor with the consent
of the senate, and who shall serve at the pleasure of the governor. He
or she shall be paid a salary to be fixed by the governor in accordance
with the provisions of RCW 43.03.040. If a vacancy occurs in his or
her position while the senate is not in session, the governor shall
make a temporary appointment until the next meeting of the senate, when
he or she shall present to that body his or her nomination for the
office. The director may delegate such of his or her powers, duties
and functions to other officers and employees of the department as he
or she may deem necessary to the fulfillment of the purposes of this
chapter.
Sec. 5119 RCW 43.41.100 and 1979 c 151 s 114 are each amended to
read as follows:
The director of financial management shall:
(1) Supervise and administer the activities of the office of
financial management.
(2) Exercise all the powers and perform all the duties prescribed
by law with respect to the administration of the state budget and
accounting system.
(3) Advise the governor and the legislature with respect to matters
affecting program management and planning.
(4) Make efficiency surveys of all state departments and
institutions, and the administrative and business methods pursued
therein, examine into the physical needs and industrial activities
thereof, and make confidential reports to the governor, recommending
necessary betterments, repairs, and the installation of improved and
more economical administrative methods, and advising such action as
will result in a greater measure of self-support and remedies for
inefficient functioning.
The director may enter into contracts on behalf of the state to
carry out the purposes of this chapter; he or she may act for the state
in the initiation of or participation in any multi-governmental agency
program relative to the purposes of this chapter; and he or she may
accept gifts and grants, whether such grants be of federal or other
funds.
Sec. 5120 RCW 43.41.106 and 1979 c 151 s 117 are each amended to
read as follows:
The director of financial management may, in his or her discretion,
require any person presenting an account for settlement to be sworn
before him or her, and to answer, orally or in writing, as to any facts
relating to it.
Sec. 5121 RCW 43.41.360 and 1975 c 40 s 13 are each amended to
read as follows:
In addition to other powers and duties prescribed by this chapter,
the director shall:
(1) Fix the amount of bond to be given by each appointive state
officer and each employee of the state in all cases where it is not
fixed by law;
(2) Require the giving of an additional bond, or a bond in a
greater amount than provided by law, in all cases where in his or her
judgment the statutory bond is not sufficient in amount to cover the
liabilities of the officer or employee;
(3) Exempt subordinate employees from giving bond when in his or
her judgment their powers and duties are such as not to require a bond.
Sec. 5122 RCW 43.43.040 and 1998 c 194 s 1 are each amended to
read as follows:
(1) The chief of the Washington state patrol shall relieve from
active duty Washington state patrol officers who, while in the
performance of their official duties, or while on standby or available
for duty, have been or hereafter may be injured or incapacitated to
such an extent as to be mentally or physically incapable of active
service: PROVIDED, That:
(a) Any officer disabled while performing line duty who is found by
the chief to be physically incapacitated shall be placed on disability
leave for a period not to exceed six months from the date of injury or
the date incapacitated. During this period, the officer shall be
entitled to all pay, benefits, insurance, leave, and retirement
contributions awarded to an officer on active status, less any
compensation received through the department of labor and industries.
No such disability leave shall be approved until an officer has been
unavailable for duty for more than forty consecutive work hours. Prior
to the end of the six-month period, the chief shall either place the
officer on disability status or return the officer to active status.
For the purposes of this section, "line duty" is active service
which encompasses the traffic law enforcement duties and/or other law
enforcement responsibilities of the state patrol. These activities
encompass all enforcement practices of the laws, accident and criminal
investigations, or actions requiring physical exertion or exposure to
hazardous elements.
The chief shall define by rule the situations where a disability
has occurred during line duty;
(b) Benefits under this section for a disability that is incurred
while in other employment will be reduced by any amount the officer
receives or is entitled to receive from workers' compensation, social
security, group insurance, other pension plan, or any other similar
source provided by another employer on account of the same disability;
(c) An officer injured while engaged in willfully tortious or
criminal conduct shall not be entitled to disability benefits under
this section; and
(d) Should a disability beneficiary whose disability was not
incurred in line of duty, prior to attaining age fifty, engage in a
gainful occupation, the chief shall reduce the amount of his or her
retirement allowance to an amount which when added to the compensation
earned by him or her in such occupation shall not exceed the basic
salary currently being paid for the rank the retired officer held at
the time he or she was disabled. All such disability beneficiaries
under age fifty shall file with the chief every six months a signed and
sworn statement of earnings and any person who shall knowingly swear
falsely on such statement shall be subject to prosecution for perjury.
Should the earning capacity of such beneficiary be further altered, the
chief may further alter his or her disability retirement allowance as
indicated above. The failure of any officer to file the required
statement of earnings shall be cause for cancellation of retirement
benefits.
(2) Officers on disability status shall receive one-half of their
compensation at the existing wage, during the time the disability
continues in effect, less any compensation received through the
department of labor and industries. They shall be subject to mental or
physical examination at any state institution or otherwise under the
direction of the chief of the patrol at any time during such relief
from duty to ascertain whether or not they are able to resume active
duty.
Sec. 5123 RCW 43.43.110 and 1965 c 8 s 43.43.110 are each amended
to read as follows:
If as a result of any trial board hearing, or review proceeding, an
officer complained of is found not guilty of the charges against him or
her, he or she shall be immediately reinstated to his or her former
position, and be reimbursed for any loss of salary suffered by reason
of the previous disciplinary action.
Sec. 5124 RCW 43.43.120 and 2001 c 329 s 3 are each amended to
read as follows:
As used in the following sections, unless a different meaning is
plainly required by the context:
(1) "Retirement system" means the Washington state patrol
retirement system.
(2) "Retirement fund" means the Washington state patrol retirement
fund.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Member" means any person included in the membership of the
retirement fund.
(5) "Employee" means any commissioned employee of the Washington
state patrol.
(6)(a) "Cadet," for a person who became a member of the retirement
system after June 12, 1980, is a person who has passed the Washington
state patrol's entry-level oral, written, physical performance, and
background examinations and is, thereby, appointed by the chief as a
candidate to be a commissioned officer of the Washington state patrol.
(b) "Cadet," for a person who became a member of the retirement
system before June 12, 1980, is a trooper cadet, patrol cadet, or
employee of like classification, employed for the express purpose of
receiving the on-the-job training required for attendance at the state
patrol academy and for becoming a commissioned trooper. "Like
classification" includes: Radio operators or dispatchers; persons
providing security for the governor or legislature; ((patrolmen))
patrol officers; drivers' license examiners; weighmasters; vehicle
safety inspectors; central wireless operators; and ((warehousemen))
warehouse workers.
(7) "Beneficiary" means any person in receipt of retirement
allowance or any other benefit allowed by this chapter.
(8) "Regular interest" means interest compounded annually at such
rates as may be determined by the director.
(9) "Retirement board" means the board provided for in this
chapter.
(10) "Insurance commissioner" means the insurance commissioner of
the state of Washington.
(11) "Lieutenant governor" means the lieutenant governor of the
state of Washington.
(12) "Service" shall mean services rendered to the state of
Washington or any political subdivisions thereof for which compensation
has been paid. Full time employment for seventy or more hours in any
given calendar month shall constitute one month of service. An
employee who is reinstated in accordance with RCW 43.43.110 shall
suffer no loss of service for the period reinstated subject to the
contribution requirements of this chapter. Only months of service
shall be counted in the computation of any retirement allowance or
other benefit provided for herein. Years of service shall be
determined by dividing the total number of months of service by twelve.
Any fraction of a year of service as so determined shall be taken into
account in the computation of such retirement allowance or benefit.
(13) "Prior service" shall mean all services rendered by a member
to the state of Washington, or any of its political subdivisions prior
to August 1, 1947, unless such service has been credited in another
public retirement or pension system operating in the state of
Washington.
(14) "Current service" shall mean all service as a member rendered
on or after August 1, 1947.
(15)(a) "Average final salary," for members commissioned prior to
January 1, 2003, shall mean the average monthly salary received by a
member during the member's last two years of service or any consecutive
two-year period of service, whichever is the greater, as an employee of
the Washington state patrol; or if the member has less than two years
of service, then the average monthly salary received by the member
during the member's total years of service.
(b) "Average final salary," for members commissioned on or after
January 1, 2003, shall mean the average monthly salary received by a
member for the highest consecutive sixty service credit months; or if
the member has less than sixty months of service, then the average
monthly salary received by the member during the member's total months
of service.
(16) "Actuarial equivalent" shall mean a benefit of equal value
when computed upon the basis of such mortality table as may be adopted
and such interest rate as may be determined by the director.
(17) Unless the context expressly indicates otherwise, words
importing the masculine gender shall be extended to include the
feminine gender and words importing the feminine gender shall be
extended to include the masculine gender.
(18) "Director" means the director of the department of retirement
systems.
(19) "Department" means the department of retirement systems
created in chapter 41.50 RCW.
(20) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(21) "Contributions" means the deduction from the compensation of
each member in accordance with the contribution rates established under
chapter 41.45 RCW.
(22) "Annual increase" means as of July 1, 1999, seventy-seven
cents per month per year of service which amount shall be increased
each subsequent July 1st by three percent, rounded to the nearest cent.
(23)(a) "Salary," for members commissioned prior to July 1, 2001,
shall exclude any overtime earnings related to RCW 47.46.040, or any
voluntary overtime, earned on or after July 1, 2001.
(b) "Salary," for members commissioned on or after July 1, 2001,
shall exclude any overtime earnings related to RCW 47.46.040 or any
voluntary overtime, lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual leave, holiday
pay, or any form of severance pay.
(24) "Plan 2" means the Washington state patrol retirement system
plan 2, providing the benefits and funding provisions covering
commissioned employees who first become members of the system on or
after January 1, 2003.
Sec. 5125 RCW 43.43.130 and 1994 c 197 s 33 are each amended to
read as follows:
(1) A Washington state patrol retirement fund is hereby established
for members of the Washington state patrol which shall include funds
created and placed under the management of a retirement board for the
payment of retirement allowances and other benefits under the
provisions hereof.
(2) Any employee of the Washington state patrol, upon date of
commissioning, shall be eligible to participate in the retirement plan
and shall start contributing to the fund immediately. Any employee of
the Washington state patrol employed by the state of Washington or any
of its political subdivisions prior to August 1, 1947, unless such
service has been credited in another public retirement or pension
system operating in the state of Washington shall receive full credit
for such prior service but after that date each new commissioned
employee must automatically participate in the fund. If a member shall
terminate service in the patrol and later reenter, he or she shall be
treated in all respects as a new employee.
(3)(a) A member who reenters or has reentered service within ten
years from the date of his or her termination, shall upon completion of
six months of continuous service and upon the restoration of all
withdrawn contributions, plus interest as determined by the director,
which restoration must be completed within five years after resumption
of service, be returned to the status of membership he or she earned at
the time of termination.
(b) A member who does not meet the time limitations for restoration
under (a) of this subsection, may restore the service credit destroyed
by the withdrawn contributions by paying the amount required under RCW
41.50.165(2) prior to retirement.
(4)(a) An employee of the Washington state patrol who becomes a
member of the retirement system after June 12, 1980, and who has
service as a cadet in the patrol training program may make an
irrevocable election to transfer the service to the retirement system.
Any member upon making such election shall have transferred all
existing service credited in a prior public retirement system in this
state for periods of employment as a cadet. Transfer of credit under
this subsection is contingent on completion of the transfer of funds
specified in (b) of this subsection.
(b) Within sixty days of notification of a member's cadet service
transfer as provided in (a) of this subsection, the department of
retirement systems shall transfer the employee's accumulated
contributions attributable to the periods of service as a cadet,
including accumulated interest.
(5) A member of the retirement system who has served or shall serve
on active federal service in the armed forces of the United States
pursuant to and by reason of orders by competent federal authority, who
left or shall leave the Washington state patrol to enter such service,
and who within one year from termination of such active federal
service, resumes employment as a state employee, shall have his or her
service in such armed forces credited to him or her as a member of the
retirement system: PROVIDED, That no such service in excess of five
years shall be credited unless such service was actually rendered
during time of war or emergency.
(6) An active employee of the Washington state patrol who either
became a member of the retirement system prior to June 12, 1980, and
who has prior service as a cadet in the public employees' retirement
system may make an irrevocable election to transfer such service to the
retirement system within a period ending June 30, 1985, or, if not an
active employee on July 1, 1983, within one year of returning to
commissioned service, whichever date is later. Any member upon making
such election shall have transferred all existing service credited in
the public employees' retirement system which constituted service as a
cadet together with the employee's contributions plus credited
interest. If the employee has withdrawn the employee's contributions,
the contributions must be restored to the public employees' retirement
system before the transfer of credit can occur and such restoration
must be completed within the time limits specified in this subsection
for making the elective transfer.
(7) An active employee of the Washington state patrol who either
became a member of the retirement system prior to June 12, 1980, or who
has prior service as a cadet in the public employees' retirement system
may make an irrevocable election to transfer such service to the
retirement system if they have not met the time limitations of
subsection (6) of this section by paying the amount required under RCW
41.50.165(2) less the contributions transferred. Any member upon
making such election shall have transferred all existing service
credited in the public employees' retirement system that constituted
service as a cadet together with the employee's contributions plus
credited interest. If the employee has withdrawn the employee's
contributions, the contributions must be restored to the public
employees' retirement system before the transfer of credit can occur
and such restoration must be completed within the time limits specified
in subsection (6) of this section for making the elective transfer.
(8) An active employee of the Washington state patrol may establish
up to six months' retirement service credit in the state patrol
retirement system for any period of employment by the Washington state
patrol as a cadet if service credit for such employment was not
previously established in the public employees' retirement system,
subject to the following:
(a) Certification by the patrol that such employment as a cadet was
for the express purpose of receiving on-the-job training required for
attendance at the state patrol academy and for becoming a commissioned
trooper.
(b) Payment by the member of employee contributions in the amount
of seven percent of the total salary paid for each month of service to
be established, plus interest at seven percent from the date of the
probationary service to the date of payment. This payment shall be
made by the member no later than July 1, 1988.
(c) If the payment required under (b) of this subsection was not
made by July 1, 1988, the member may establish the probationary service
by paying the amount required under RCW 41.50.165(2).
(d) A written waiver by the member of the member's right to ever
establish the same service in the public employees' retirement system
at any time in the future.
(9) The department of retirement systems shall make the requested
transfer subject to the conditions specified in subsections (6) and (7)
of this section or establish additional credit as provided in
subsection (8) of this section. Employee contributions and credited
interest transferred shall be credited to the employee's account in the
Washington state patrol retirement system.
Sec. 5126 RCW 43.43.135 and 1965 c 8 s 43.43.135 are each amended
to read as follows:
In any case where the Washington state patrol retirement system has
in existence an agreement with another retirement system in connection
with exchange of service credit or an agreement whereby members can
retain service credit in more than one system, an employee holding
membership in, or receiving pension benefits under, any retirement plan
operated wholly or in part by an agency of the state or political
subdivision thereof, or who is by reason of his or her current
employment contributing to or otherwise establishing the right to
receive benefits from any such retirement plan, shall be allowed
membership rights should the agreement so provide.
Sec. 5127 RCW 43.43.330 and 1993 c 155 s 1 are each amended to
read as follows:
Appropriate examinations shall be conducted for the promotion of
commissioned patrol officers to the rank of sergeant and lieutenant.
The examinations shall be prepared and conducted under the supervision
of the chief of the Washington state patrol, who shall cause at least
thirty days written notice thereof to be given to all patrol officers
eligible for such examinations. The written notice shall specify the
expected type of examination and relative weights to be assigned if a
combination of tests is to be used. Examinations shall be given once
every two years, or whenever the eligible list becomes exhausted as the
case may be. After the giving of each such examination a new eligible
list shall be compiled replacing any existing eligible list for such
rank. Only grades attained in the last examination given for a
particular rank shall be used in compiling each eligible list therefor.
The chief, or in his or her discretion a committee of three individuals
appointed by him or her, shall prepare and conduct the examinations,
and thereafter grade and evaluate them in accordance with the following
provisions, or factors: For promotion to the rank of sergeant or
lieutenant, the examination shall consist of one or more of the
following components: (1) Oral examination; (2) written examination;
(3) service rating; (4) personnel record; (5) assessment center or
other valid tests that measures the skills, knowledge, and qualities
needed to perform these jobs. A cutoff score may be set for each
testing component that allows only those scoring above the cutoff on
one component to proceed to take a subsequent component.
Sec. 5128 RCW 43.43.350 and 1998 c 193 s 1 are each amended to
read as follows:
Eligibility for examination for promotion shall be determined as
follows:
Patrol officers with one year of probationary experience, in
addition to three years experience as a regular ((patrolman)) patrol
officer before the date of the first examination occurrence, shall be
eligible for examination for the rank of sergeant; patrol officers with
one year of probationary experience in the rank of sergeant before the
date of the first examination occurrence, in addition to two years as
a regular sergeant, shall be eligible for examination for the rank of
lieutenant.
Sec. 5129 RCW 43.43.370 and 1965 c 8 s 43.43.370 are each amended
to read as follows:
The chief of the Washington state patrol may appoint such staff or
technical officers as he or she deems necessary for the efficient
operation of the patrol, and he or she may assign whatever rank he or
she deems necessary to such staff or technical officers for the
duration of their service as such.
Staff or technical officers may be returned to their line rank or
position whenever the chief so desires. Staff or technical officers
without line command assignment and whose duties are of a special or
technical nature shall hold their staff or technical rank on a
continuing probationary basis; however, such staff or technical
officers, if otherwise eligible, shall not be prevented from taking the
line promotion examinations, and qualifying for promotion whenever the
examinations may be held.
If a staff or technical officer returns to line operations he or
she shall return in the rank that he or she holds in the line command,
unless promoted to a higher rank through examination and appointment as
herein provided: PROVIDED, Nothing contained herein shall be construed
as giving the chief the right to demote or to reduce the rank of any
officer of the patrol who was holding such office on April 1, 1949.
Sec. 5130 RCW 43.43.735 and 2006 c 294 s 6 are each amended to
read as follows:
(1) It shall be the duty of the sheriff or director of public
safety of every county, and the chief of police of every city or town,
and of every chief officer of other law enforcement agencies duly
operating within this state, to cause the photographing and
fingerprinting of all adults and juveniles lawfully arrested for the
commission of any criminal offense constituting a felony or gross
misdemeanor. (a) When such juveniles are brought directly to a
juvenile detention facility, the juvenile court administrator is also
authorized, but not required, to cause the photographing,
fingerprinting, and record transmittal to the appropriate law
enforcement agency; and (b) a further exception may be made when the
arrest is for a violation punishable as a gross misdemeanor and the
arrested person is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff or
director of public safety of every county, and the chief of police of
every city or town, and every chief officer of other law enforcement
agencies operating within this state to photograph and record the
fingerprints of all adults lawfully arrested.
(3) Such sheriffs, directors of public safety, chiefs of police,
and other chief law enforcement officers, may record, in addition to
photographs and fingerprints, the palmprints, soleprints, toeprints, or
any other identification data of all persons whose photograph and
fingerprints are required or allowed to be taken under this section
when in the discretion of such law enforcement officers it is necessary
for proper identification of the arrested person or the investigation
of the crime with which he or she is charged.
Sec. 5131 RCW 43.43.750 and 1972 ex.s. c 152 s 11 are each
amended to read as follows:
In exercising their duties and authority under RCW 43.43.735 and
43.43.740, the sheriffs, directors of public safety, chiefs of police,
and other chief law enforcement officers, may, consistent with
constitutional and legal requirements, use such reasonable force as is
necessary to compel an unwilling person to submit to being
photographed, or fingerprinted, or to submit to any other
identification procedure, except interrogation, which will result in
obtaining physical evidence serving to identify such person. No one
having the custody of any person subject to the identification
procedures provided for in chapter 152, Laws of 1972 ex. sess., and no
one acting in his or her aid or under his or her direction, and no one
concerned in such publication as is provided for in RCW 43.43.740,
shall incur any liability, civil or criminal, for anything lawfully
done in the exercise of the provisions of chapter 152, Laws of 1972 ex.
sess.
Sec. 5132 RCW 43.43.815 and 1995 c 169 s 1 are each amended to
read as follows:
(1) Notwithstanding any provision of RCW 43.43.700 through
43.43.810 to the contrary, the Washington state patrol shall furnish a
conviction record, as defined in RCW 10.97.030, pertaining to any
person of whom the Washington state patrol has a record upon the
written or electronic request of any employer for the purpose of:
(a) Securing a bond required for any employment;
(b) Conducting preemployment and postemployment evaluations of
employees and prospective employees who, in the course of employment,
may have access to information affecting national security, trade
secrets, confidential or proprietary business information, money, or
items of value; or
(c) Assisting an investigation of suspected employee misconduct
where such misconduct may also constitute a penal offense under the
laws of the United States or any state.
(2) When an employer has received a conviction record under
subsection (1) of this section, the employer shall notify the subject
of the record of such receipt within thirty days after receipt of the
record, or upon completion of an investigation under subsection (1)(c)
of this section. The employer shall make the record available for
examination by its subject and shall notify the subject of such
availability.
(3) The Washington state patrol shall charge fees for disseminating
records pursuant to this section which will cover, as nearly as
practicable, the direct and indirect costs to the Washington state
patrol of disseminating such records.
(4) Information disseminated pursuant to this section or RCW
43.43.760 shall be available only to persons involved in the hiring,
background investigation, or job assignment of the person whose record
is disseminated and shall be used only as necessary for those purposes
enumerated in subsection (1) of this section.
(5) Any person may maintain an action to enjoin a continuance of
any act or acts in violation of any of the provisions of this section,
and if injured thereby, for the recovery of damages and for the
recovery of reasonable attorneys' fees. If, in such action, the court
finds that the defendant is violating or has violated any of the
provisions of this section, 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 the action is 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 chapter
10.97 RCW.
(6) Neither the section, its employees, nor any other agency or
employee of the state is liable for defamation, invasion of privacy,
negligence, or any other claim in connection with any dissemination of
information pursuant to this section or RCW 43.43.760.
(7) The Washington state patrol may adopt rules and forms to
implement this section and to provide for security and privacy of
information disseminated pursuant hereto, giving first priority to the
criminal justice requirements of chapter 43.43 RCW. Such rules may
include requirements for users, audits of users, and other procedures
to prevent use of criminal history record information inconsistent with
this section.
(8) Nothing in this section shall authorize an employer to make an
inquiry not otherwise authorized by law, or be construed to affect the
policy of the state declared in RCW 9.96A.010, encouraging the
employment of ex-offenders.
Sec. 5133 RCW 43.43.860 and 1987 c 65 s 2 are each amended to
read as follows:
The term of each legislative member shall be two years and shall be
conditioned upon such member retaining membership in the legislature
and in the same political party of which he or she was a member at the
time of appointment.
The term of each nonlegislative member shall be two years and shall
be conditioned upon such member retaining the official position from
which he or she was appointed.
Sec. 5134 RCW 43.46.090 and 1983 c 204 s 1 are each amended to
read as follows:
The legislature recognizes this state's responsibility to foster
culture and the arts and its interest in the viable development of
((her)) the state's artists ((and craftsmen)) by the establishment of
the Washington state arts commission. The legislature declares it to
be a policy of this state that a portion of appropriations for capital
expenditures be set aside for the acquisition of works of art to be
placed in public buildings or lands. There is hereby established a
visual arts program to be administered by the Washington state arts
commission.
Sec. 5135 RCW 43.52.290 and 1983 1st ex.s. c 3 s 1 are each
amended to read as follows:
Members of the board of directors of an operating agency shall be
paid the sum of fifty dollars per day as compensation for each day or
major part thereof devoted to the business of the operating agency,
together with their traveling and other necessary expenses. Such
member may, regardless of any charter or other provision to the
contrary, be an officer or employee holding another public position
and, if he or she be such other public officer or employee, he or she
shall be paid by the operating agency such amount as will, together
with the compensation for such other public position equal the sum of
fifty dollars per day. The common law doctrine of incompatibility of
offices is hereby voided as it applies to persons sitting on the board
of directors or the executive board of an operating agency and holding
an elective or appointive position on a public utility district
commission or municipal legislative authority or being an employee of
a public utility district or municipality.
Sec. 5136 RCW 43.52.374 and 1983 1st ex.s. c 3 s 3 are each
amended to read as follows:
(1) With the exception of the powers and duties of the board of
directors described in RCW 43.52.370(2), the management and control of
an operating agency constructing, operating, terminating, or
decommissioning a nuclear power plant under a site certification
agreement under chapter 80.50 RCW is vested in an executive board
established under this subsection and consisting of eleven members.
(a) Five members of the executive board shall be elected to four-year terms by the board of directors from among the members of the
board of directors. The board of directors may provide by rule for the
composition of the five members of the executive board elected from
among the members of the board of directors so as to reflect the member
public utility districts' and cities' participation in the joint
operating agency's projects. Members elected to the executive board
from the board of directors are ineligible for continued membership on
the executive board if they cease to be members of the board of
directors. The board of directors may also provide by rule for the
removal of a member of the executive board, except for the outside
directors. Members of the board of directors may be elected to serve
successive terms on the executive board. Members elected to the
executive board from the board of directors shall receive a salary from
the operating agency at a rate set by the board of directors.
(b) Six members of the executive board shall be outside directors.
Three shall be selected and appointed by the board of directors, and
three shall be selected and appointed by the governor and confirmed by
the senate. All outside directors shall:
(i) Serve four-year terms on the executive board. However, of the
initial members of the executive board, the board of directors and the
governor shall each appoint one outside director to serve a two-year
term, one outside director to serve a three-year term, and one outside
director to serve a four-year term. Thereafter, all outside directors
shall be appointed for four-year terms. All outside directors are
eligible for reappointment;
(ii) Receive travel expenses on the same basis as the five members
elected from the board of directors. The outside directors shall also
receive a salary from the operating agency as fixed by the governor;
(iii) Not be an officer or employee of, or in any way affiliated
with, the Bonneville power administration or any electric utility
conducting business in the states of Washington, Oregon, Idaho, or
Montana;
(iv) Not be involved in the financial affairs of the operating
agency as an underwriter or financial adviser of the operating agency
or any of its members or any of the participants in any of the
operating agency's plants; and
(v) Be representative of policy makers in business, finance, or
science, or have expertise in the construction or management of such
facilities as the operating agency is constructing or operating, or
have expertise in the termination, disposition, or liquidation of
corporate assets.
(c) The governor may remove outside directors from the executive
board for incompetency, misconduct, or malfeasance in office in the
same manner as state appointive officers under chapter 43.06 RCW. For
purposes of this subsection, misconduct shall include, but not be
limited to, nonfeasance and misfeasance.
(2) Nothing in this chapter shall be construed to mean that an
operating agency is in any manner an agency of the state. Nothing in
this chapter alters or destroys the status of an operating agency as a
separate municipal corporation or makes the state liable in any way or
to any extent for any preexisting or future debt of the operating
agency or any present or future claim against the agency.
(3) The eleven members of the executive board shall be selected
with the objective of establishing an executive board which has the
resources to effectively carry out its responsibilities. All members
of the executive board shall conduct their business in a manner which
in their judgment is in the interest of all ratepayers affected by the
joint operating agency and its projects.
(4) The executive board shall elect from its members a ((chairman))
chair, vice ((chairman)) chair, and secretary, who shall serve at the
pleasure of the executive board. The executive board shall adopt rules
for the conduct of its meetings and the carrying out of its business.
All proceedings shall be by motion or resolution and shall be recorded
in the minute book, which shall be a public record. A majority of the
executive board shall constitute a quorum for the transaction of
business.
(5) With respect to any operating agency existing on April 20,
1982, to which the provisions of this section are applicable:
(a) The board of directors shall elect five members to the
executive board no later than sixty days after April 20, 1982; and
(b) The board of directors and the governor shall select and
appoint the initial outside directors and the executive board shall
hold its organizational meeting no later than sixty days after April
20, 1982, and the powers and duties prescribed in this chapter shall
devolve upon the executive board at that time.
(6) The executive board shall select and employ a managing director
of the operating agency and may delegate to the managing director such
authority for the management and control of the operating agency as the
executive board deems appropriate. The managing director's employment
is terminable at the will of the executive board.
(7) Members of the executive board shall be immune from civil
liability for mistakes and errors of judgment in the good faith
performance of acts within the scope of their official duties involving
the exercise of judgment and discretion. This grant of immunity shall
not be construed as modifying the liability of the operating agency.
The operating agency shall undertake the defense of and indemnify
each executive board member made a party to any civil proceeding
including any threatened, pending, or completed action, suit, or
proceeding, whether civil, administrative, or investigative, by reason
of the fact he or she is or was a member of the executive board,
against judgments, penalties, fines, settlements, and reasonable
expenses, actually incurred by him or her in connection with such
proceeding if he or she had conducted himself or herself in good faith
and reasonably believed his or her conduct to be in the best interest
of the operating agency.
In addition members of the executive board who are utility
employees shall not be fired, forced to resign, or demoted from their
utility jobs for decisions they make while carrying out their duties as
members of the executive board involving the exercise of judgment and
discretion.
Sec. 5137 RCW 43.52.375 and 1982 1st ex.s. c 43 s 7 are each
amended to read as follows:
The board of each joint operating agency shall by resolution
appoint a treasurer. The treasurer shall be the chief financial
officer of the operating agency, who shall report at least annually to
the board a detailed statement of the financial condition of the
operating agency and of its financial operations for the preceding
fiscal year. The treasurer shall advise the board on all matters
affecting the financial condition of the operating agency. Before
entering upon his or her duties the treasurer shall give bond to the
operating agency, with a surety company authorized to write such bonds
in this state as surety, in an amount which the board finds by
resolution will protect the operating agency against loss, conditioned
that all funds which he or she receives as such treasurer will be
faithfully kept and accounted for and for the faithful discharge of his
or her duties. The amount of such bond may be decreased or increased
from time to time as the board may by resolution direct.
The board shall also appoint an auditor and may require him or her
to give a bond with a surety company authorized to do business in the
state of Washington in such amount as it shall by resolution prescribe,
conditioned for the faithful discharge of his or her duties. The
auditor shall report directly to the board and be responsible to it for
discharging his or her duties.
The premiums on the bonds of the auditor and the treasurer shall be
paid by the operating agency. The board may provide for coverage of
said officers and other persons on the same bond.
All funds of the joint operating agency shall be paid to the
treasurer and shall be disbursed by him or her only on warrants issued
by the auditor upon orders or vouchers approved by the board:
PROVIDED, That the board by resolution may authorize the managing
director or any other bonded officer or employee as legally permissible
to approve or disapprove vouchers presented to defray salaries of
employees and other expenses of the operating agency arising in the
usual and ordinary course of its business, including expenses incurred
by the board of directors, its executive committee, or the executive
board in the performance of their duties. All moneys of the operating
agency shall be deposited forthwith by the treasurer in such
depositaries, and with such securities as are designated by rules of
the board. The treasurer shall establish a general fund and such
special funds as shall be created by the board, into which he or she
shall place all money of the joint operating agency as the board by
resolution or motion may direct.
Sec. 5138 RCW 43.52.378 and 1987 c 505 s 84 are each amended to
read as follows:
The executive board of any operating agency constructing,
operating, terminating, or decommissioning a nuclear power plant under
a site certification agreement issued pursuant to chapter 80.50 RCW
shall appoint an administrative auditor. The administrative auditor
shall be deemed an officer under chapter 42.23 RCW. The appointment of
the administrative auditor shall be in addition to the appointment of
the auditor for the issuance of warrants and other purposes as provided
in RCW 43.52.375. The executive board shall retain a qualified firm or
firms to conduct performance audits which is in fact independent and
does not have any interest, direct or indirect, in any contract with
the operating agency other than its employment hereunder. No member or
employee of any such firm shall be connected with the operating agency
as an officer, employee, or contractor. The administrative auditor and
the firm or firms shall be independently and directly responsible to
the executive board of the operating agency. The executive board shall
require a firm to conduct continuing audits of the methods, procedures
and organization used by the operating agency to control costs,
schedules, productivity, contract amendments, project design and any
other topics deemed desirable by the executive board. The executive
board may also require a firm to analyze particular technical aspects
of the operating agency's projects and contract amendments. The firm
or firms shall provide advice to the executive board in its management
and control of the operating agency. At least once each year, the firm
or firms shall prepare and furnish a report of its actions and
recommendations to the executive board for the purpose of enabling it
to attain the highest degree of efficiency in the management and
control of any thermal power project under construction or in
operation. The administrative auditor shall assist the firm or firms
in the performance of its duties. The administrative auditor and the
firm or firms shall consult regularly with the executive board and
furnish any information or data to the executive board which the
administrative auditor, firm, or executive board deems helpful in
accomplishing the purpose above stated. The administrative auditor
shall perform such other duties as the executive board shall prescribe
to accomplish the purposes of this section.
Upon the concurrent request of the ((chairmen)) chairs of the
senate or house energy and utilities committees, the operating agency
shall report to the committees on a quarterly basis.
Sec. 5139 RCW 43.52A.050 and 1981 c 14 s 5 are each amended to
read as follows:
(1) Council members shall spend sufficient time on council
activities to fully represent the state of Washington in carrying out
the purposes of the act.
(2) State agencies shall provide technical assistance to council
members upon request. The council members shall request that the
council request the administrator of the Bonneville Power
Administration to reimburse the state for the expenses associated with
such assistance as provided in the act.
(3) The members of the council shall maintain liaison with the
governor or his or her designees and the committees on energy and
utilities, or their successor entities, of the senate and house of
representatives.
(4) The members of the council shall submit to the governor and
legislature an annual report describing the activities and plans of the
council.
(5) Each member of the council shall receive compensation to be
determined by the governor and applicable federal law and shall be
reimbursed for travel expenses under RCW 43.03.050 and 43.03.060, as
now or hereafter amended.
Sec. 5140 RCW 43.56.040 and 1975-'76 2nd ex.s. c 34 s 118 are
each amended to read as follows:
No member of the board shall receive any compensation for his or
her services, but each member shall be paid travel expenses incurred in
the discharge of official duty in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended, after the account
thereof has been audited by the board.
The board shall keep a full account of its expenditures and shall
report it in each report. There shall be allowed such expenses for
only one annual meeting of the board within this state, and for the
members in attendance, not oftener than once in each year, at any
conference of commissioners outside of this state.
Sec. 5141 RCW 43.59.010 and 1998 c 165 s 2 are each amended to
read as follows:
(1) The purpose of this chapter is to establish a new agency of
state government to be known as the Washington traffic safety
commission. The functions and purpose of this commission shall be to
find solutions to the problems that have been created as a result of
the tremendous increase of motor vehicles on our highways and the
attendant traffic death and accident tolls; to plan and supervise
programs for the prevention of accidents on streets and highways
including but not limited to educational campaigns designed to reduce
traffic accidents in cooperation with all official and unofficial
organizations interested in traffic safety; to coordinate the
activities at the state and local level in the development of statewide
and local traffic safety programs; to promote a uniform enforcement of
traffic safety laws and establish standards for investigation and
reporting of traffic accidents; to promote and improve driver
education; and to authorize the governor to perform all functions
required to be performed by him or her under the federal Highway Safety
Act of 1966 (Public Law 89-564; 80 Stat. 731).
(2) The legislature finds and declares that bicycling and walking
are becoming increasingly popular in Washington as clean and efficient
modes of transportation, as recreational activities, and as organized
sports. Future plans for the state's transportation system will
require increased access and safety for bicycles and pedestrians on our
common roadways, and federal transportation legislation and funding
programs have created strong incentives to implement these changes
quickly. As a result, many more people are likely to take up bicycling
in Washington both as a leisure activity and as a convenient,
inexpensive form of transportation. Bicyclists are more vulnerable to
injury and accident than motorists, and should be as knowledgeable as
possible about traffic laws, be highly visible and predictable when
riding in traffic, and be encouraged to wear bicycle safety helmets.
Hundreds of bicyclists and pedestrians are seriously injured every year
in accidents, and millions of dollars are spent on health care costs
associated with these accidents. There is clear evidence that
organized training in the rules and techniques of safe and effective
cycling can significantly reduce the incidence of serious injury and
accidents, increase cooperation among road users, and significantly
increase the incidence of bicycle helmet use, particularly among
minors. A reduction in accidents benefits the entire community.
Therefore it is appropriate for businesses and community organizations
to provide donations to bicycle and pedestrian safety training
programs.
Sec. 5142 RCW 43.59.030 and 1991 c 3 s 298 are each amended to
read as follows:
The governor shall be assisted in his or her duties and
responsibilities by the Washington state traffic safety commission.
The Washington traffic safety commission shall be composed of the
governor as ((chairman)) chair, the superintendent of public
instruction, the director of licensing, the secretary of
transportation, the chief of the state patrol, the secretary of health,
the secretary of social and health services, a representative of the
association of Washington cities to be appointed by the governor, a
member of the association of counties to be appointed by the governor,
and a representative of the judiciary to be appointed by the governor.
Appointments to any vacancies among appointee members shall be as in
the case of original appointment.
The governor may designate an employee of the governor's office to
act on behalf of the governor during the absence of the governor at one
or more of the meetings of the commission. The vote of the designee
shall have the same effect as if cast by the governor if the
designation is in writing and is presented to the person presiding at
the meetings included within the designation.
The governor may designate a member to preside during the
governor's absence.
Sec. 5143 RCW 43.59.060 and 1967 ex.s. c 147 s 7 are each amended
to read as follows:
The governor as ((chairman)) chair of the commission shall appoint
a person to be director of the Washington traffic safety commission
which director shall be paid such salary as shall be deemed reasonable
and shall serve at the pleasure of the governor.
Sec. 5144 RCW 43.59.080 and 1967 ex.s. c 147 s 9 are each amended
to read as follows:
The governor as ((chairman)) chair of said commission shall have
the authority to appoint advisory committees as he or she may deem
advisable to aid, advise and assist the commission in carrying out the
purposes of this chapter. All actions and decisions, however, shall be
made by the commission.
Sec. 5145 RCW 43.70.210 and 1989 1st ex.s. c 9 s 260 are each
amended to read as follows:
Nothing in chapter 43.20 or 43.70 RCW, or RCW 43.70.120 shall be
construed to abridge the right of any person to rely exclusively on
spiritual means alone through prayer to alleviate human ailments,
sickness or disease, in accordance with the tenets and practice of the
Church of Christ, Scientist, nor shall anything in chapters 43.20,
43.70 RCW, or RCW 43.70.120 be deemed to prohibit a person so relying
who is inflicted with a contagious or communicable disease from being
isolated or quarantined in a private place of his or her own choice,
provided, it is approved by the local health officer, and all laws,
rules and regulations governing control, sanitation, isolation and
quarantine are complied with.
Sec. 5146 RCW 43.78.010 and 1981 c 338 s 6 are each amended to
read as follows:
There shall be a public printer appointed by the governor with the
advice and consent of the senate, who shall hold office at the pleasure
of the governor and until his or her successor is appointed and
qualified.
Sec. 5147 RCW 43.78.020 and 1965 c 8 s 43.78.020 are each amended
to read as follows:
Before entering upon the duties of his or her office, the public
printer shall execute to the state a bond in the sum of ten thousand
dollars conditioned for the faithful and punctual performance of all
duties and trusts of his or her office.
Sec. 5148 RCW 43.78.070 and 1979 c 151 s 134 are each amended to
read as follows:
The public printer shall use the state printing plant upon the
following conditions, to wit:
(1) He or she shall do the public printing, and charge therefor the
fees as provided by law. He or she may print the Washington Reports
for the publishers thereof under a contract approved in writing by the
governor.
(2) The gross income of the public printer shall be deposited in an
account designated "state printing plant revolving fund" in
depositaries approved by the state treasurer, and shall be disbursed by
the public printer by check and only as follows:
First, in payment of the actual cost of labor, material, supplies,
replacements, repairs, water, light, heat, telephone, rent, and all
other expenses necessary in the operation of the plant: PROVIDED, That
no machinery shall be purchased except on written approval of the
governor;
Second, in payment of the cost of reasonable insurance upon the
printing plant, payable to the state and of all fidelity bonds required
by law of the public printer;
Third, in payment to the public printer of a salary which shall be
fixed by the governor in accordance with the provisions of RCW
43.03.040;
Fourth, in remitting the balance to the state treasurer for the
general fund: PROVIDED, That a reasonable sum to be determined by the
governor, the public printer, and the director of financial management
shall be retained in the fund for working capital for the public
printer.
Sec. 5149 RCW 43.79.074 and 1965 c 8 s 43.79.074 are each amended
to read as follows:
From and after the first day of May, 1955, all warrants drawn on
the University of Washington fund and not presented for payment shall
be paid from the general fund, and it shall be the duty of the state
treasurer and he or she is hereby directed to pay such warrants when
presented from the general fund.
Sec. 5150 RCW 43.79.280 and 2005 c 319 s 106 are each amended to
read as follows:
(1) If the governor approves such estimate in whole or part, he or
she shall endorse on each copy of the statement his or her approval,
together with a statement of the amount approved in the form of an
allotment amendment, and transmit one copy to the head of the
department, agency, board, or commission authorizing the expenditure.
An identical copy of the governor's statement of approval and a
statement of the amount approved for expenditure shall be transmitted
simultaneously to the joint legislative audit and review committee and
also to the standing committee on ways and means of the house and
senate of all executive approvals of proposals to expend money in
excess of appropriations provided by law.
(2) If the governor approves an estimate with transportation
funding implications, in whole or part, he or she shall endorse on each
copy of the statement his or her approval, together with a statement of
the amount approved in the form of an allotment amendment, and transmit
one copy to the head of the department, agency, board, or commission
authorizing the expenditure. An identical copy of the governor's
statement of approval of a proposal to expend transportation money in
excess of appropriations provided by law and a statement of the amount
approved for expenditure must be transmitted simultaneously to the
standing committees on transportation of the house and senate.
Sec. 5151 RCW 43.79.303 and 1965 c 8 s 43.79.303 are each amended
to read as follows:
From and after the first day of May, 1955, all warrants drawn on
the Central College fund and not presented for payment shall be paid
from the general fund, and it shall be the duty of the state treasurer
and he or she is hereby directed to pay such warrants when presented
from the general fund.
Sec. 5152 RCW 43.79.313 and 1965 c 8 s 43.79.313 are each amended
to read as follows:
From and after the first day of May, 1955, all warrants drawn on
the Eastern College fund and not presented for payment shall be paid
from the general fund, and it shall be the duty of the state treasurer
and he or she is hereby directed to pay such warrants when presented
from the general fund.
Sec. 5153 RCW 43.79.323 and 1965 c 8 s 43.79.323 are each amended
to read as follows:
From and after the first day of May, 1955, all warrants drawn on
the Western College fund and not presented for payment shall be paid
from the general fund, and it shall be the duty of the state treasurer
and he or she is hereby directed to pay such warrants when presented
from the general fund.
Sec. 5154 RCW 43.79.343 and 1965 c 8 s 43.79.343 are each amended
to read as follows:
From and after the first day of May, 1955, all warrants drawn on
the general obligation bond retirement fund and not presented for
payment shall be paid from the general fund, and it shall be the duty
of the state treasurer and he or she is hereby directed to pay such
warrants when presented from the general fund.
Sec. 5155 RCW 43.79.393 and 1965 c 8 s 43.79.393 are each amended
to read as follows:
From and after the first day of August, 1957, all warrants drawn on
the United States vocational education account in the general fund and
not presented for payment shall be paid from the general fund, and it
shall be the duty of the state treasurer and he or she is hereby
directed to pay such warrants when presented from the general fund.
Sec. 5156 RCW 43.79A.020 and 1991 sp.s. c 13 s 81 are each
amended to read as follows:
There is created a trust fund outside the state treasury to be
known as the "treasurer's trust fund." All nontreasury trust funds
which are in the custody of the state treasurer on April 10, 1973,
shall be placed in the treasurer's trust fund and be subject to the
terms of this chapter. Funds of the state department of transportation
shall be placed in the treasurer's trust fund only if mutually agreed
to by the state treasurer and the department. In order to assure an
orderly transition to a centralized management system, the state
treasurer may place each of such trust funds in the treasurer's trust
fund at such times as he or she deems advisable. Except for department
of transportation trust funds, all such funds shall be incorporated in
the treasurer's trust fund by June 30, 1975. Other funds in the
custody of state officials or state agencies may, upon their request,
be established as accounts in the treasurer's trust fund with the
discretionary concurrence of the state treasurer. All income received
from the treasurer's trust fund investments shall be deposited in the
investment income account pursuant to RCW 43.79A.040.
Sec. 5157 RCW 43.80.130 and 1969 ex.s. c 80 s 4 are each amended
to read as follows:
The fiscal agencies, on the receipt of any moneys transmitted to
them by or for this state, or for any affected subdivision, for the
purpose of paying therewith any of its bonds or coupons by their terms
made payable at the situs of the state of Washington fiscal agencies,
shall transmit forthwith to the sender of such moneys a proper receipt
therefor; pay such bonds or coupons upon presentation thereof for
payment at the office of the fiscal agencies at or after the maturity
thereof, in the order of their presentation insofar as the moneys
received for that purpose suffice therefor; and cancel all such bonds
and coupons upon payment thereof, and thereupon forthwith return the
same to the proper officers of this state or affected subdivisions
which issued them; and, concerning the same, report to the state and/or
affected subdivision within thirty days following a maturity date the
amount of bonds and coupons presented and paid to that date: PROVIDED,
That nothing herein shall prevent the state or any of the subdivisions
thereof from designating its fiscal agencies, or the trustee of any
revenue bond issue, or both, also as its agencies for cremation and to
provide by agreement therewith, that after one year any general or
revenue obligation bonds or interest coupons that have been canceled or
paid, may be destroyed as directed by the proper officers of the state
or other subdivisions hereinbefore mentioned: PROVIDED FURTHER, That
a certificate of destruction giving full descriptive reference to the
instruments destroyed shall be made by the person or persons authorized
to perform such destruction and one copy of the certificate shall be
filed with the treasurer of the state or local subdivisions as
applicable. Whenever said treasurer has redeemed any of the bonds or
coupons referred to in this section through his or her local office, or
whenever such redemption has been performed by the trustee of any
revenue bond issue, and the canceled instruments or certificates of
transmittal thereafter have been forwarded to said treasurer for
recording, such canceled instruments may be forwarded to the fiscal
agents designated as agents for cremation for destruction pursuant to
any agreements therefor, or said treasurer may, notwithstanding any
provision of state statute to the contrary, ((himself)) destroy such
canceled instruments in the presence of the public officers or boards
or their authorized representatives, which by law perform the auditing
functions within the state or such political subdivisions as
hereinbefore specified: PROVIDED, That he or she and the said auditing
officers or boards shall execute a certificate of destruction, giving
full descriptive reference to the instruments destroyed, which
certificates shall be filed with those of the agencies for cremation
herein designated. No certificate required by this section shall be
destroyed until all of the bonds and coupons of the issue or series
described thereon shall have matured and been paid or canceled.
Sec. 5158 RCW 43.82.140 and 1965 c 8 s 43.82.140 are each amended
to read as follows:
The director may, in his or her discretion, obtain fire or other
hazard insurance on any building under his or her management.
Sec. 5159 RCW 43.83B.220 and 1989 c 11 s 17 are each amended to
read as follows:
In addition to the powers granted by RCW 43.83B.210, the director
of the department of ecology or his or her designee is authorized to
make contractual agreements in accordance with provisions of this
chapter on behalf of the state of Washington. Contractual agreements
shall include provisions to secure such loans, and shall assure the
proper and timely payment of said loans or loan portions of combination
loans and grants.
Sec. 5160 RCW 43.84.041 and 1965 ex.s. c 104 s 4 are each amended
to read as follows:
All securities purchased or held on behalf of said funds, shall be
held and disbursed through the state treasury and shall be in the
physical custody of the state treasurer, who may deposit with the
fiscal agent of the state, or with a state depository, such of said
securities as he or she shall consider advisable to be held in
safekeeping by said agent or bank for collection of principal and
interest, or of the proceeds of sale thereof.
Sec. 5161 RCW 43.84.120 and 1971 ex.s. c 88 s 4 are each amended
to read as follows:
Whenever there is in any fund or in cash balances in the state
treasury more than sufficient to meet the current expenditures properly
payable therefrom, and over and above the amount belonging to the
permanent school fund as shown by the separation made by the state
treasurer, the state treasurer may invest such portion of such funds or
balances over and above that belonging to the permanent school fund in
registered warrants of the state of Washington at such times and in
such amounts, and may sell them at such times, as he or she deems
advisable: PROVIDED, That those funds having statutory authority to
make investments are excluded from the provisions of RCW 43.84.120.
Upon such investment being made, the state treasurer shall pay into
the appropriate fund the amount so invested, and the warrants so
purchased shall be deposited with the state treasurer, who shall
collect all interest and principal payments falling due thereon and
allocate the same to the proper fund or funds.
Sec. 5162 RCW 43.85.070 and 1969 ex.s. c 193 s 18 are each
amended to read as follows:
The state treasurer may deposit with any qualified public
depositary which has fully complied with all requirements of law and
the regulations of the public deposit protection commission any state
moneys in his or her hands or under his or her official control and any
sum so on deposit shall be deemed to be in the state treasury, and he
or she shall not be liable for any loss thereof resulting from the
failure or default of any such depositary without fault or neglect on
his or her part or on the part of his or her assistants or clerks.
Sec. 5163 RCW 43.85.190 and 1983 c 66 s 17 are each amended to
read as follows:
It is the purpose of RCW 43.85.190 through 43.85.230 to authorize
the state treasurer to make investment deposits of state moneys or
funds in his or her custody in qualified public depositaries at a rate
of interest permitted by any applicable statute or regulation.
Sec. 5164 RCW 43.86A.020 and 1973 c 123 s 2 are each amended to
read as follows:
After March 19, 1973, the state treasurer shall limit surplus funds
held as demand deposits to an amount necessary for current operating
expenses including direct warrant redemption payments, investments and
revenue collection. The state treasurer may hold such additional funds
as demand deposits as he or she deems necessary to insure efficient
treasury management.
Sec. 5165 RCW 43.88.100 and 1965 c 8 s 43.88.100 are each amended
to read as follows:
The governor may provide for hearings on all agency requests for
expenditures to enable him or her to make determinations as to the
need, value or usefulness of activities or programs requested by
agencies. The governor may require the attendance of proper agency
officials at his or her hearings and it shall be their duty to disclose
such information as may be required to enable the governor to arrive at
his or her final determination.
Sec. 5166 RCW 43.89.040 and 1965 ex.s. c 60 s 1 are each amended
to read as follows:
The powers, duties, and functions of the director of budget
relating to the state teletypewriter communication network are
transferred to the chief of the Washington state patrol. All existing
contracts, orders, rules, regulations, records, and obligations
together with communications equipment, motor vehicles, and any other
property, device, or thing and any remaining appropriation pertaining
to such communication network shall be transferred by the director of
budget or his or her agent to the chief of the Washington state patrol
as of July 1, 1965.
Sec. 5167 RCW 43.101.040 and 1974 ex.s. c 94 s 4 are each amended
to read as follows:
All members appointed to the commission by the governor shall be
appointed for terms of six years, such terms to commence on July first,
and expire on June thirtieth: PROVIDED, That of the members first
appointed three shall be appointed for two year terms, three shall be
appointed for four year terms, and three shall be appointed for six
year terms: PROVIDED, FURTHER, That the terms of the two members
appointed as incumbent police chiefs shall not expire in the same year
nor shall the terms of the two members appointed as representing
correctional systems expire in the same year nor shall the terms of the
two members appointed as incumbent sheriffs expire in the same year.
Any member chosen to fill a vacancy created otherwise than by
expiration of term shall be appointed for the unexpired term of the
member he or she is to succeed. Any member may be reappointed for
additional terms.
Sec. 5168 RCW 43.101.050 and 1974 ex.s. c 94 s 5 are each amended
to read as follows:
Any member of the commission appointed pursuant to RCW 43.101.030
as an incumbent official or as an employee in a correctional system, as
the case may be, shall immediately upon the termination of his or her
holding of said office or employment, cease to be a member of the
commission.
Sec. 5169 RCW 43.101.070 and 1984 c 287 s 85 are each amended to
read as follows:
Members of the commission shall be compensated in accordance with
RCW 43.03.240 and shall be reimbursed for their travel expenses
incurred in the performance of their duties in accordance with RCW
43.03.050 and 43.03.060. Attendance at meetings of the commission
shall be deemed performance by a member of the duties of his or her
employment.
Sec. 5170 RCW 43.115.040 and 1993 c 261 s 3 are each amended to
read as follows:
The commission shall have the following powers and duties:
(1) Elect one of its members to serve as ((chairman)) chair;
(2) Adopt rules and regulations pursuant to chapter 34.05 RCW;
(3) Examine and define issues pertaining to the rights and needs of
Hispanics, and make recommendations to the governor and state agencies
for changes in programs and laws;
(4) Advise the governor and state agencies on the development and
implementation of policies, plans, and programs that relate to the
special needs of Hispanics;
(5) Advise the legislature on issues of concern to the Hispanic
community;
(6) Establish relationships with state agencies, local governments,
and private sector organizations that promote equal opportunity and
benefits for Hispanics; and
(7) Receive gifts, grants, and endowments from public or private
sources that are made for the use or benefit of the commission and
expend, without appropriation, the same or any income from the gifts,
grants, or endowments according to their terms.
Sec. 5171 RCW 43.117.040 and 1982 c 68 s 1 are each amended to
read as follows:
(1) The commission shall consist of twelve members appointed by the
governor. In making such appointments, the governor shall give due
consideration to recommendations submitted to him or her by the
commission. The governor may also consider nominations of members made
by the various Asian-American organizations in the state. The governor
shall consider nominations for membership based upon maintaining a
balanced distribution of Asian-ethnic, geographic, sex, age, and
occupational representation, where practicable.
(2) Appointments shall be for three years except in case of a
vacancy, in which event appointment shall be only for the remainder of
the unexpired term for which the vacancy occurs. Vacancies shall be
filled in the same manner as the original appointments.
(3) Members shall receive reimbursement for travel expenses
incurred in the performance of their duties in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter amended.
(4) Seven members shall constitute a quorum for the purpose of
conducting business.
(5) The governor shall appoint an executive director based upon
recommendations made by the council.
Sec. 5172 RCW 43.117.050 and 1974 ex.s. c 140 s 5 are each
amended to read as follows:
The commission shall:
(1) Elect one of its members to serve as ((chairman)) chair; and
also such other officers as necessary to form an executive committee;
(2) Adopt rules and regulations pursuant to chapter 34.05 RCW;
(3) Meet at the call of the ((chairman)) chair or the call of a
majority of its members, but in no case less often than once during any
three month period;
(4) Be authorized to appoint such citizen task force as it deems
appropriate.
Sec. 5173 RCW 43.117.090 and 1974 ex.s. c 140 s 9 are each
amended to read as follows:
(1) The commission may for the purpose of carrying out the purposes
of this chapter hold such public hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
commission may deem advisable. The commission may administer oaths or
affirmations to witnesses appearing before it. At least five members
of the commission must be present to conduct a hearing.
(2) The commission may secure directly from any department or
agency of the state information necessary to enable it to carry out the
purposes of this chapter. Upon request of the ((chairman)) chair of
the commission, the head of such department or agency shall furnish
such information to the commission.
Sec. 5174 RCW 43.126.025 and 1983 c 273 s 2 are each amended to
read as follows:
There is hereby created a Washington state board on geographic
names composed of:
(1) The state librarian or a representative;
(2) The commissioner of public lands or a representative;
(3) The ((chairperson)) chair of the Washington state heritage
council created by 1983 law; and
(4) Four members from the general public to be appointed by the
commissioner of public lands.
The commissioner of public lands or his or her representative shall
be ((chairman)) chair of the board.
The members of the initial board to be appointed by the
commissioner shall be appointed as follows: One member for a one-year
term, one member for a two-year term, one member for a three-year term,
and one member for a four-year term. Thereafter, each member shall be
appointed for a three-year term. Each member of the board shall
continue in office until a successor is appointed.
Sec. 5175 RCW 43.126.065 and 1983 c 273 s 6 are each amended to
read as follows:
(1) The board shall hold at least two meetings each year, and shall
hold special meetings as called by the ((chairman)) chair or a majority
of the board.
(2) All meetings shall be open to the public.
(3) Notice of all board meetings shall be as provided in RCW
42.30.080. This notice includes those names to be considered by the
board and those names to be adopted by the board.
(4) Four board members shall constitute a quorum.
(5) The board shall establish rules for the conduct of its affairs
and to carry out the purposes of this chapter.
(6) The department of natural resources shall furnish secretarial
and administrative services and shall serve as custodian of the
records.
(7) All geographic names adopted by the board shall be published in
the Washington State Register.
Sec. 5176 RCW 43.130.040 and 1973 2nd ex.s. c 37 s 4 are each
amended to read as follows:
In order to carry out the purposes of this chapter, the state shall
take every reasonable step at its disposal to provide alternative
employment and to minimize the economic loss of state employees
affected by the closure of state facilities. Affected state employees
shall be paid benefits as specified in this section.
(1) Relocation expenses covering the movement of household goods,
incurred by the necessity of an employee moving his or her domicile to
be within reasonable commuting distance of a new job site, shall be
paid by the state to employees transferring to other state employment
by reason of the closure of a facility.
(2) Relocation leave shall be allowed up to five working days'
leave with pay for the purpose of locating new residence in the area of
employment.
(3) The state shall reimburse the transferring employee to the
extent of any unavoidable financial loss suffered by an employee who
sells his or her home at a price less than the true and fair market
value as determined by the county assessor not exceeding three thousand
dollars: PROVIDED, That this right of reimbursement must be exercised,
and sale of the property must be accomplished, within a period of two
years from the date other state employment is accepted.
(4) For employees in facilities which have been terminated who do
not choose to participate in the transfer program set forth in the
preceding subsections, the following terminal pay plan shall be
available:
(a) For qualifying employees, for each one year of continuous state
service, one week (five working days) of regular compensation shall be
provided.
(b) Regular compensation as used in subsection (a) hereof shall
include salary compensation at the rate being paid to the employees at
the time operation of the facility is terminated.
(c) Terminal pay as set forth in subsections (a) and (b) hereof
shall be paid to the employee at the termination of the employees last
month of employment or within thirty days after the effective date of
this 1973 act, whichever is later: PROVIDED, That from the total
amount of terminal pay, the average sum of unemployment compensation
that the qualifying employee is eligible to receive multiplied by the
total number of weeks of terminal pay minus one week shall be deducted.
(d) Those employees electing the early retirement benefits as
stated in subsection (5) of this section shall not be eligible for the
terminal pay provisions as set forth in this subsection.
(e) Those employees who are reemployed by the state during the
period they are receiving terminal pay pursuant to subsections (a), (b)
and (c) of this section shall reimburse the state for that portion of
the terminal pay covered by the period of new employment.
(5) As an option to transferring to other state employment an
employee may elect early retirement under the following conditions:
(a) Notwithstanding the age requirements of RCW 41.40.180, any
affected employee under this chapter who has attained the age of fifty-
five years, with at least five years creditable service, shall be
immediately eligible to retire, with no actuarial reduction in the
amount of his or her pension benefit.
(b) Notwithstanding the age requirements of RCW 41.40.180, any
affected employee under this chapter who has attained the age of forty-five years, with at least five years creditable service, shall be
immediately eligible to retire with an actuarial reduction in the
amount of his or her pension benefit of three percent for each complete
year that such employee is under fifty-five years of age.
(c) Employees who elect to retire pursuant to RCW 41.40.180 shall
be eligible to retire while on authorized leave of absence not in
excess of one hundred and twenty days.
(d) Employees who elect to retire under the provisions of this
section shall not be eligible for any retirement benefit in a year
following a year in which their employment income was in excess of six
thousand dollars. This six thousand dollars base shall be adjusted
annually beginning in 1974 by such cost of living adjustments as are
applied by the public employees' retirement system to membership
retirement benefits. The public employees retirement system board
shall adopt necessary rules and regulations to implement the provisions
of this subsection.
Sec. 5177 RCW 43.130.050 and 1973 2nd ex.s. c 37 s 5 are each
amended to read as follows:
(((1))) Notwithstanding any other provision of this chapter
employees affected by the closure of a state facility as defined in RCW
43.130.020(2) who were employed as of May 1, 1973 at such facility, and
who are still in employment of the state or on an official leave of
absence as of September 26, 1973, who would otherwise qualify for the
enumerated benefits of this chapter are hereby declared eligible for
such benefits under the following conditions:
(((a))) (1) Such employee must be actively employed by the state of
Washington or on an official leave of absence on September 26, 1973,
and unless the early retirement or terminal pay provisions of this
chapter are elected, continue to be employed or to be available for
employment in a same or like job classification at not less than one
full range lower than the same salary range for a period of at least
thirty days thereafter;
(((b))) (2) Such employee must give written notice of his or her
election to avail himself or herself of such benefits within thirty
days after the passage of this 1973 act or upon closure of the
institution, whichever is later.
Sec. 5178 RCW 43.336.020 and 2007 c 228 s 102 are each amended to
read as follows:
(1) The Washington tourism commission is created.
(2) The commission shall be cochaired by the director of the
department or the director's designee, and by an industry-member
representative who is elected by the commission members.
(3) The commission shall have nineteen members. In appointing
members, the governor shall endeavor to balance the geographic and
demographic composition of the commission to include members with
special expertise from tourism organizations, local jurisdictions, and
small businesses directly engaged in tourism-related activities.
Before making appointments to the Washington tourism commission, the
governor shall consider nominations from recognized organizations that
represent the entities or interests identified in this section.
Commission members shall be appointed by the governor as follows:
(a) Three members to represent the lodging industry, at least two
of which shall be chosen from a list of three nominees per position
submitted by the state's largest lodging industry trade association.
Members should represent all property categories and different regions
of the state;
(b) Three representatives from nonprofit destination marketing
organizations or visitor and convention bureaus;
(c) Three industry representatives from the arts, entertainment,
attractions, or recreation industry;
(d) Four private industry representatives, two from each of the
business categories in this subsection:
(i) The food, beverage, and wine industries; and
(ii) The travel and transportation industries;
(e) Four legislative members, one from each major caucus of the
senate, designated by the president of the senate, and one from each
major caucus of the house of representatives, designated by the speaker
of the house of representatives;
(f) The ((chairman)) chair of the Washington convention and trade
center; and
(g) The director or the director's designee.
(4)(a) Terms of nonlegislative members shall be three years, except
that initial terms shall be staggered such that terms of one-third of
the initial members shall expire each year.
(b) Terms of legislative members shall be two years.
(c) Vacancies shall be appointed in the same manner as the original
appointment.
(d) A member appointed by the governor may not be absent from more
than fifty percent of the regularly scheduled meetings in any one
calendar year. Any member who exceeds this absence limitation is
deemed to have withdrawn from the office and may be replaced by the
governor.
(5) Members shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060.
(6) The commission shall meet at least four times per year, but may
meet more frequently as necessary.
(7) A majority of members currently appointed constitutes a quorum.
(8) Staff support shall be provided by the department, and staff
shall report to the executive director.
(9) The director, in consultation with the commission, shall
appoint an executive director.
(10) The commission may adopt rules under chapter 34.05 RCW as
necessary to carry out the purposes of this chapter.
Sec. 6001 RCW 44.04.100 and 1927 c 205 s 1 are each amended to
read as follows:
Any person desiring to contest the election of any member of the
legislature, may, at any time after the presumptive election of such
member and before the convening of the ensuing regular session of the
legislature, have the testimony of witnesses, to be used in support of
such contest, taken and perpetuated, by serving not less than three
days' written notice upon the member whose election he or she desires
to contest, of his or her intention to institute such contest and that
he or she desires to take the testimony of certain witnesses named in
such notice, at a time and place named therein, before a notary public
duly commissioned and qualified and residing in the county where the
presumptive member resides, giving the name of such notary public,
which deposition shall be taken in the manner provided by law for the
taking of depositions in civil actions in the superior court. The
presumptive member of the legislature, whose election is to be
contested, shall have the right to appear, in person or by counsel, at
the time and place named in the notice, and cross examine any witness
produced and have such cross examination made a part of such
deposition, and to produce witnesses and have their depositions taken
for the purpose of sustaining his or her election. The notary public
before whom such deposition is taken shall transmit such depositions to
the presiding officer of the senate, or house of representatives, as
the case may be, in which said contest is to be instituted, in the care
of the secretary of state, at the state capitol, by registered mail,
and it shall be the duty of the secretary of state upon the convening
of the legislature to transmit said depositions, unopened, to the
presiding officer of the senate, or the house of representatives, as
the case may be, to whom it is addressed, and in case such contest is
instituted said depositions may be opened and read in evidence in the
manner provided by law for the opening and introduction of depositions
in civil actions in the superior court.
Sec. 6002 RCW 44.04.120 and 1985 c 3 s 1 are each amended to read
as follows:
Each member of the senate or house of representatives when serving
on official legislative business shall be entitled to receive, in lieu
of per diem or any other payment, for each day or major portion thereof
in which he or she is actually engaged in legislative business or
business of the committee, commission, or council, notwithstanding any
laws to the contrary, an allowance in an amount fixed by the secretary
of the senate and chief clerk of the house, respectively, in accordance
with applicable rules and resolutions of each body. Such allowance
shall be reasonably calculated to reimburse expenses, exclusive of
mileage, which are ordinary and necessary in the conduct of legislative
business, recognizing cost variances which are encountered in different
locales. The allowance authorized shall not exceed the greater of
forty-four dollars per day or the maximum daily amount determined under
RCW 43.03.050, as now or hereafter amended. In addition, a mileage
allowance shall be paid at the rate per mile provided for in RCW
43.03.060, as now or hereafter amended, when authorized by the house,
committee, commission, or council of which he or she is a member and on
the business of which he or she is engaged.
Sec. 6003 RCW 44.16.010 and 1895 c 6 s 1 are each amended to read
as follows:
Every ((chairman)) chair or presiding member of any committee of
either the senate or house of representatives, or any joint committee
of the senate or house of representatives, which, by the terms of its
appointment, shall be authorized to send for persons and papers, shall
have power, under the direction of such committee, to issue compulsory
process for the attendance of any witness within the state whom the
committee may wish to examine.
Sec. 6004 RCW 44.16.030 and 1895 c 6 s 2 are each amended to read
as follows:
The ((chairman)) chair or presiding member of any committee of
either the senate, house of representatives, or any joint committee
thereof, shall be authorized to administer oaths to all witnesses
coming before such committee for examination; and all witnesses who
shall testify in any proceeding provided for in this chapter, shall be
under oath or affirmation.
Sec. 6005 RCW 44.16.040 and 1895 c 6 s 3 are each amended to read
as follows:
Every such ((chairman)) chair or presiding member shall also have
power, under the direction of the committee, to issue a commission for
the examination of any witness who shall be without the jurisdiction of
the state, or if within the state, shall be unable to attend, or who
shall, for any reasons, be excused by the committee from attendance.
Sec. 6006 RCW 44.16.070 and 1895 c 6 s 6 are each amended to read
as follows:
The person to whom such commission shall be directed, if he or she
reside within the state and accept the trust, shall, before entering
upon the execution of his or her duties, take the oath of office
prescribed in the Constitution. Such commissioner shall have power to
issue process to compel the attendance of witnesses, whom he or she
shall be required to examine, and shall have power to administer oaths
to such witnesses.
Sec. 6007 RCW 44.16.080 and 1895 c 6 s 7 are each amended to read
as follows:
Unless otherwise directed by the committee, it shall in all cases
be the duty of the commissioner to examine, in private, every witness
attending before him or her, and not to make public the particulars of
such examination, when so made in private, until the same shall be made
public by order of the house or legislature appointing the committee.
Sec. 6008 RCW 44.16.090 and 1895 c 6 s 8 are each amended to read
as follows:
Every witness so attending shall be examined on oath or
affirmation, and his or her testimony shall be reduced to writing by
the commissioner, or by some disinterested person in his or her
presence and under the direction of said commissioner, and signed by
the witness.
Sec. 6009 RCW 44.16.100 and 1895 c 6 s 9 are each amended to read
as follows:
When a commission shall have been duly executed, the commissioner
shall annex thereto the depositions of the witnesses, duly certified by
him or her, and shall, without delay, transmit the same by mail,
inclosed and under seal, or deliver the same, to the ((chairman)) chair
of the committee by which the commission shall have been issued, or to
such person as by the committee directed.
Sec. 6010 RCW 44.16.120 and 1897 c 33 s 1 are each amended to
read as follows:
Any person who shall fail to attend as a witness upon any committee
appointed by either the house or senate of the state of Washington, or
both, after having been duly subpoenaed as provided in this chapter, or
who, being in attendance as a witness before such committee, shall
refuse to answer any question or produce any paper or document or book
which he or she is required to answer or to produce by such committee,
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined in any sum not exceeding five hundred dollars, or by
imprisonment in the county jail for a term not longer than six months,
or by both such fine and imprisonment.
Sec. 6011 RCW 44.16.140 and 1895 c 6 s 12 are each amended to
read as follows:
A person who, being present before either house of the legislature,
or any committee or joint committee thereof, or commissioner authorized
to summon witnesses, wilfully refuses to be sworn or affirmed, or to
answer any material and proper question, or to produce, upon reasonable
notice, any material and proper books, papers or documents in his or
her possession or under his or her control, shall be punished as for
contempt, as hereinafter provided.
Sec. 6012 RCW 44.16.160 and 1895 c 6 s 14 are each amended to
read as follows:
If any fine is imposed against any person for contempt, as
hereinbefore provided, he or she shall stand committed to the county
jail of the county in which the offense was committed until such fine
is paid. The presiding officer of the house, fixing the fine, shall
issue a warrant to the sheriff of the county where the offense was
committed, commanding him or her to imprison such person in the county
jail until such fine is paid, or until he or she has been imprisoned in
such jail one day for every three dollars of such fine.
Sec. 6013 RCW 44.16.170 and 1895 c 6 s 16 are each amended to
read as follows:
Every such committee shall keep a record of its proceedings under
the provisions of this chapter, which record shall be signed by the
((chairman)) chair or presiding officer of the committee, and the same
returned to the legislative body by which the committee was appointed,
as a part of the report of such committee.
Sec. 6014 RCW 44.20.060 and 1969 c 6 s 5 are each amended to read
as follows:
In arranging the laws, memorials and resolutions for publication,
the code reviser is hereby authorized to make such corrections in the
orthography, clerical errors and punctuation of the same as in his or
her judgment shall be deemed essential: PROVIDED, That when any words
or clauses shall be inserted, the same shall be inclosed in brackets;
and no correction shall be made which changes the intent or meaning of
any sentence, section or act of the legislature.
Sec. 6015 RCW 44.39.050 and 1979 c 151 s 156 are each amended to
read as follows:
All expenses incurred by the committee, including salaries and
expenses of employees, shall be paid upon voucher forms as provided by
the director of financial management and signed by the ((chairman))
chair of the committee. Vouchers may be drawn upon funds appropriated
generally by the legislature for legislative expenses or upon any
special appropriation which may be provided by the legislature for the
expenses of the committee.
Sec. 6016 RCW 44.39.060 and 1977 ex.s. c 328 s 17 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 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 ((chairman)) chair
of the committee.
Sec. 6017 RCW 44.48.050 and 2001 c 259 s 13 are each amended to
read as follows:
Subject to RCW 44.04.260, all expenses incurred by the committee,
including salaries and expenses of employees, shall be paid upon
voucher forms as provided by the administrator and signed by the
((chairman)) chair or vice ((chairman)) chair of the committee and
attested by the secretary of said committee, and the authority of said
((chairman)) chair and secretary to sign vouchers shall continue until
their successors are selected after each ensuing session of the
legislature. Vouchers may be drawn on funds appropriated by law for
the committee: PROVIDED, That the senate and the house may authorize
the committee to draw on funds appropriated by the legislature for
legislative expenses.
Sec. 6018 RCW 44.48.060 and 1977 ex.s. c 373 s 6 are each amended
to read as follows:
The committee shall have the power and duty to appoint its own
((chairman)) chair, vice ((chairman)) chair, and other officers; and to
make rules for orderly procedure.
Sec. 6019 RCW 44.48.110 and 1977 ex.s. c 373 s 11 are each
amended to read as follows:
Each person who appears before the committee, other than a state
official or employee, may upon request receive for attendance the fees
and mileage provided for witnesses in civil cases in courts of record
in accordance with the provisions of RCW 2.40.010, which shall be
audited and paid upon the presentation of proper vouchers signed by
such person and approved by the secretary and ((chairman)) chair of the
committee.
Sec. 7001 RCW 48.02.010 and 1947 c 79 s .02.01 are each amended
to read as follows:
(1) There shall be an insurance commissioner of this state who
shall be elected at the time and in the manner that other state
officers are elected.
(2) The commissioner in office at the effective date of this code
shall continue in office for the remainder of the term for which he or
she was elected and until his or her successor is duly elected and
qualified.
(3) "Commissioner," where used in this code, means the insurance
commissioner of this state.
Sec. 7002 RCW 48.02.020 and 1947 c 79 s .02.02 are each amended
to read as follows:
The term of office of the commissioner shall be four years,
commencing on the Wednesday after the second Monday in January after
his or her election.
Sec. 7003 RCW 48.02.030 and 1947 c 79 s .02.03 are each amended
to read as follows:
Before entering upon his or her duties the commissioner shall
execute a bond to the state in the sum of twenty-five thousand dollars,
to be approved by the state treasurer and the attorney general,
conditioned upon the faithful performance of the duties of his or her
office.
Sec. 7004 RCW 48.02.060 and 1947 c 79 s .02.06 are each amended
to read as follows:
(1) The commissioner shall have the authority expressly conferred
upon him by or reasonably implied from the provisions of this code.
(2) The commissioner shall execute his duties and shall enforce the
provisions of this code.
(3) The commissioner may:
(a) Make reasonable rules and regulations for effectuating any
provision of this code, except those relating to his or her election,
qualifications, or compensation. No such rules and regulations shall
be effective prior to their being filed for public inspection in the
commissioner's office.
(b) Conduct investigations to determine whether any person has
violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in addition to
those specifically provided for, useful and proper for the efficient
administration of any provision of this code.
Sec. 7005 RCW 48.02.080 and 1967 c 150 s 1 are each amended to
read as follows:
(1) The commissioner may prosecute an action in any court of
competent jurisdiction to enforce any order made by him or her pursuant
to any provision of this code.
(2) If the commissioner has cause to believe that any person has
violated any penal provision of this code or of other laws relating to
insurance he or she shall certify the facts of the violation to the
public prosecutor of the jurisdiction in which the offense was
committed.
(3) If the commissioner has cause to believe that any person is
violating or is about to violate any provision of this code or any
regulation or order of the commissioner, he or she may:
(a) issue a cease and desist order; and/or
(b) bring an action in any court of competent jurisdiction to
enjoin the person from continuing the violation or doing any action in
furtherance thereof.
(4) The attorney general and the several prosecuting attorneys
throughout the state shall prosecute or defend all proceedings brought
pursuant to the provisions of this code when requested by the
commissioner.
Sec. 7006 RCW 48.02.090 and 1949 c 190 s 1 are each amended to
read as follows:
(1) The commissioner may appoint a chief deputy commissioner, who
shall have power to perform any act or duty conferred upon the
commissioner. The chief deputy commissioner shall take and subscribe
the same oath of office as the commissioner, which oath shall be
endorsed upon the certificate of his or her appointment and filed in
the office of the secretary of state.
(2) The commissioner may appoint additional deputy commissioners
for such purposes as he or she may designate.
(3) The commissioner shall be responsible for the official acts of
his or her deputies, and may revoke at will the appointment of any
deputy.
(4) The commissioner may employ examiners, and such actuarial,
technical, and administrative assistants and clerks as he or she may
need for proper discharge of his or her duties.
(5) The commissioner, or any deputy or employee of the
commissioner, shall not be interested, directly or indirectly, in any
insurer except as a policyholder; except, that as to such matters
wherein a conflict of interests does not exist on the part of any such
person, the commissioner may employ insurance actuaries or other
technicians who are independently practicing their professions even
though such persons are similarly employed by insurers.
(6) The commissioner may require any deputy or employee to be
bonded as he or she shall deem proper but not to exceed in amount the
sum of twenty-five thousand dollars. The cost of any such bond shall
be borne by the state.
Sec. 7007 RCW 48.02.100 and 1947 c 79 s .02.10 are each amended
to read as follows:
Any power or duty vested in the commissioner by any provision of
this code may be exercised or discharged by any deputy, assistant,
examiner, or employee of the commissioner acting in his or her name and
by his or her authority.
Sec. 7008 RCW 48.02.110 and 1947 c 79 s .02.11 are each amended
to read as follows:
The commissioner shall have an office at the state capital, and may
maintain such offices elsewhere in this state as he or she may deem
necessary.
Sec. 7009 RCW 48.02.130 and 1947 c 79 s .02.13 are each amended
to read as follows:
(1) Any certificate or license issued by the commissioner shall
bear the seal of his or her office.
(2) Copies of records or documents in his or her office certified
to by the commissioner shall be received as evidence in all courts in
the same manner and to the same effect as if they were the originals.
(3) When required for evidence in court, the commissioner shall
furnish his or her certificate as to the authority of an insurer or
other licensee in this state on any particular date, and the court
shall receive the certificate in lieu of the commissioner's testimony.
Sec. 7010 RCW 48.02.140 and 1947 c 79 s .02.14 are each amended
to read as follows:
(1) The commissioner shall to the extent he or she deems useful for
the proper discharge of his or her responsibilities under the
provisions of this code:
(a) Consult and cooperate with the public officials having
supervision over insurance in other states.
(b) Share jointly with other states in the employment of actuaries,
statisticians, and other insurance technicians whose services or the
products thereof are made available and are useful to the participating
states and to the commissioner.
(c) Share jointly with other states in establishing and maintaining
offices and clerical facilities for purposes useful to the
participating states and to the commissioner.
(2) All arrangements made jointly with other states under items (b)
and (c) of subsection (1) of this section shall be in writing executed
on behalf of this state by the commissioner. Any such arrangement, as
to participation of this state therein, shall be subject to termination
by the commissioner at any time upon reasonable notice.
(3) For the purposes of this code "National Association of
Insurance Commissioners" means that voluntary organization of the
public officials having supervision of insurance in the respective
states, districts, and territories of the United States, whatever other
name such organization may hereafter adopt, and in the affairs of which
each of such public officials is entitled to participate subject to the
constitution and bylaws of such organization.
Sec. 7011 RCW 48.02.150 and 1947 c 79 s .02.15 are each amended
to read as follows:
The commissioner shall purchase at the expense of the state and in
the manner provided by law:
(1) Printing, books, reports, furniture, equipment, and supplies as
he or she deems necessary to the proper discharge of his or her duties
under this code.
(2) "Convention form" insurers' annual statement blanks, which he
or she may purchase from any printer manufacturing the forms for the
various states.
Sec. 7012 RCW 48.02.170 and 1987 c 505 s 53 are each amended to
read as follows:
The commissioner shall, as soon as accurate preparation enables,
prepare a report of his or her official transactions during the
preceding fiscal year, containing information relative to insurance as
the commissioner deems proper.
Sec. 7013 RCW 48.03.030 and 1947 c 79 s .03.03 are each amended
to read as follows:
(1) Every person being examined, its officers, employees, and
representatives shall produce and make freely accessible to the
commissioner the accounts, records, documents, and files in his or her
possession or control relating to the subject of the examination, and
shall otherwise facilitate the examination.
(2) If the commissioner finds the accounts to be inadequate, or
improperly kept or posted, he or she may employ experts to rewrite,
post or balance them at the expense of the person being examined.
Sec. 7014 RCW 48.04.030 and 1947 c 79 s .04.03 are each amended
to read as follows:
The hearing shall be held at the place designated by the
commissioner, and at his or her discretion it may be open to the
public.
Sec. 7015 RCW 48.05.110 and 1947 c 79 s .05.11 are each amended
to read as follows:
If the commissioner finds that an insurer has met the requirements
for and is fully entitled thereto under this code, he or she shall
issue to it a proper certificate of authority. If the commissioner
does not so find, the authority shall be refused within a reasonable
length of time following completion by the insurer of the application
therefor.
Sec. 7016 RCW 48.05.150 and 1947 c 79 s .05.15 are each amended
to read as follows:
The commissioner shall give an insurer notice of his or her
intention to suspend, revoke, or refuse to renew its certificate of
authority not less than ten days before the order of suspension,
revocation or refusal is to become effective; except that no advance
notice of intention is required where the order results from a domestic
insurer's failure to make good a deficiency of assets as required by
the commissioner.
Sec. 7017 RCW 48.05.160 and 1947 c 79 s .05.16 are each amended
to read as follows:
The commissioner shall not suspend an insurer's certificate of
authority for a period in excess of one year, and he or she shall state
in his or her order of suspension the period during which it shall be
effective.
Sec. 7018 RCW 48.05.210 and 1981 c 339 s 3 are each amended to
read as follows:
(1) Duplicate copies of legal process against an insurer for whom
the commissioner is attorney shall be served upon him or her either by
a person competent to serve a summons, or by registered mail. At the
time of service the plaintiff shall pay to the commissioner ten
dollars, taxable as costs in the action.
(2) The commissioner shall forthwith send one of the copies of the
process, by registered mail with return receipt requested, to the
person designated for the purpose by the insurer in its most recent
such designation filed with the commissioner.
(3) The commissioner shall keep a record of the day and hour of
service upon him or her of all legal process. No proceedings shall be
had against the insurer, and the insurer shall not be required to
appear, plead, or answer until the expiration of forty days after the
date of service upon the commissioner.
Sec. 7019 RCW 48.05.290 and 1947 c 79 s .05.29 are each amended
to read as follows:
(1) No insurer shall withdraw from this state until its direct
liability to its policyholders and obligees under all its insurance
contracts then in force in this state has been assumed by another
authorized insurer under an agreement approved by the commissioner. In
the case of a life insurer, its liability pursuant to contracts issued
in this state in settlement of proceeds under its policies shall
likewise be so assumed.
(2) The commissioner may waive this requirement if he or she finds
upon examination that a withdrawing insurer is then fully solvent and
that the protection to be given its policyholders in this state will
not be impaired by the waiver.
(3) The assuming insurer shall within a reasonable time replace the
assumed insurance contracts with its own, or by endorsement thereon
acknowledge its liability thereunder.
Sec. 7020 RCW 48.05.370 and 1969 ex.s. c 241 s 1 are each amended
to read as follows:
Officers and directors of an insurer or a corporation holding a
controlling interest in an insurer shall be deemed to stand in a
fiduciary relation to the insurer, and shall discharge the duties of
their respective positions in good faith, and with that diligence, care
and skill which ordinary prudent ((men)) persons would exercise under
similar circumstances in like positions.
Sec. 7021 RCW 48.06.050 and 1967 c 150 s 7 are each amended to
read as follows:
The commissioner shall expeditiously examine the application for a
solicitation permit and make any investigation relative thereto deemed
necessary. If the commissioner finds that
(1) the application is complete; and
(2) the documents therewith filed are equitable in terms and proper
in form; and
(3) the management of the company, whether by its directors,
officers, or by any other means is competent and trustworthy and not so
lacking in managerial experience as to make a proposed operation
hazardous to the insurance-buying public; and that there is no reason
to believe the company is affiliated, directly or indirectly, through
ownership, control, reinsurance, or other insurance or business
relations, with any other person or persons whose business operations
are or have been marked, to the detriment of the policyholders or
stockholders or investors or creditors or of the public, by bad faith
or by manipulation of assets, or of accounts, or of reinsurance; and
(4) the agreements made or proposed are equitable to present and
future shareholders, subscribers, members or policyholders, he or she
shall give notice to the applicant that he or she will issue a
solicitation permit, stating the terms to be contained therein, upon
the filing of the bond required by RCW 48.06.110 of this code.
If the commissioner does not so find, he or she shall give notice
to the applicant that the permit will not be granted, stating the
grounds therefor, and shall refund to the applicant all sums so
deposited except the application fee.
Sec. 7022 RCW 48.06.070 and 1953 c 197 s 1 are each amended to
read as follows:
Every solicitation permit issued by the commissioner shall:
(1) Be for a period of not over two years, subject to the right of
the commissioner to grant a reasonable extension for good cause.
(2) State the securities for which subscriptions are to be
solicited, the number, classes, par value, and selling price thereof,
or identify the insurance contract for which applications and advance
premiums or deposits are to be solicited.
(3) Limit the portion of funds received on account of stock or
syndicate subscriptions, if any are proposed to be taken, which may be
used for promotion and organization expenses to such amount as he or
she deems adequate, but in no event to exceed fifteen percent of such
funds as and when actually received.
(4) If to be a mutual or reciprocal insurer, limit the portion of
funds received on account of applications for insurance which may be
used for promotion or organization expenses to a reasonable commission
upon such funds, giving consideration to the kind of insurance and
policy involved and to the costs incurred by insurers generally in the
production of similar business, and provide that no such commission
shall be deemed to be earned nor be paid until the insurer has received
its certificate of authority and the policies applied for and upon
which such commission is to be based, have been actually issued and
delivered.
(5) Contain such other information required by this chapter or
reasonable conditions relative to accounting and reports or otherwise
as the commissioner deems necessary.
Sec. 7023 RCW 48.06.100 and 1947 c 79 s .06.10 are each amended
to read as follows:
(1) The commissioner may, for cause, modify a solicitation permit,
or may, after a hearing, revoke any solicitation permit for violation
of any provision of this code, or of the terms of the permit, or of any
proper order of the commissioner, or for misrepresentation.
(2) The commissioner shall revoke a solicitation permit if
requested in writing by a majority of the syndicate members, or by a
majority of the incorporators and two-thirds of the subscribers to
stock or applicants for insurance in the proposed incorporated insurer
or corporation, or if he or she is so requested by a majority of the
subscribers of a proposed reciprocal insurer.
Sec. 7024 RCW 48.06.110 and 1969 ex.s. c 241 s 2 are each amended
to read as follows:
(1) The commissioner shall not issue a solicitation permit until
the person applying therefor files with him or her a corporate surety
bond in the penalty of fifty thousand dollars, in favor of the state
and for the use and benefit of the state and of subscribers and
creditors of the proposed organization.
The bond shall be conditioned upon the payment of costs incurred by
the state in event of any legal proceedings for liquidation or
dissolution of the proposed organization before completion of
organization or in event a certificate of authority is not granted; and
upon a full accounting for funds received until the proposed insurer
has been granted its certificate of authority, or until the proposed
corporation or syndicate has completed its organization as defined in
the solicitation permit.
(2) In lieu of filing such bond, the person may deposit with the
commissioner fifty thousand dollars in cash or in United States
government bonds at par value, to be held in trust upon the same
conditions as required for the bond.
(3) The commissioner may waive the requirement for a bond or
deposit in lieu thereof if the permit provides that:
(a) The proposed securities are to be distributed solely and
finally to those few persons who are the active promotors intimate to
the formation of the insurer, or other corporation or syndicate, or
(b) The securities are to be issued in connection with subsequent
financing as provided in RCW 48.06.180.
(4) Any bond filed or deposit or remaining portion thereof held
under this section shall be released and discharged upon settlement or
termination of all liabilities against it.
Sec. 7025 RCW 48.06.180 and 1949 c 190 s 6 are each amended to
read as follows:
(1) No domestic insurer, or insurance holding corporation, or stock
corporation for financing operations of a mutual insurer, or attorney-in-fact corporation of a reciprocal insurer, after
(a) it has received a certificate of authority, if an insurer, or
(b) it has completed its initial organization and financing if a
corporation other than an insurer, shall solicit or receive funds in
exchange for any new issue of its corporate securities, other than
through a stock dividend, until it has applied to the commissioner for,
and has been granted, a solicitation permit.
(2) The commissioner shall issue such a permit unless he or she
finds that:
(a) The funds proposed to be secured are excessive in amount for
the purpose intended, or
(b) the proposed securities or the manner of their distribution are
inequitable, or
(c) the issuance of the securities would jeopardize the interests
of policyholders or the holders of other securities of the insurer or
corporation.
(3) Any such solicitation permit granted by the commissioner shall
be for such duration, and shall contain such terms and be issued upon
such conditions as the commissioner may reasonably specify or require.
Sec. 7026 RCW 48.07.080 and 1947 c 79 s .07.08 are each amended
to read as follows:
No domestic insurer or its affiliates or subsidiaries shall
guarantee the financial obligation of any director or officer of such
insurer or affiliate or subsidiary in his or her personal capacity, and
any such guaranty attempted shall be void.
This prohibition shall not apply to obligations of the insurer
under surety bonds or insurance contracts issued in the regular course
of business.
Sec. 7027 RCW 48.07.150 and 1988 c 248 s 4 are each amended to
read as follows:
(1) No domestic insurer shall knowingly solicit insurance business
in any reciprocating state in which it is not then licensed as an
authorized insurer.
(2) This section shall not prohibit advertising through
publications and radio broadcasts originating outside such
reciprocating state, if the insurer is licensed in a majority of the
states in which such advertising is disseminated, and if such
advertising is not specifically directed to residents of such
reciprocating state.
(3) This section shall not prohibit insurance, covering persons or
risks located in a reciprocating state, under contracts solicited and
issued in states in which the insurer is then licensed. Nor shall it
prohibit insurance effectuated by the insurer as an unauthorized
insurer in accordance with the laws of the reciprocating state. Nor
shall it prohibit renewal or continuance in force, with or without
modification, of contracts otherwise lawful and which were not
originally executed in violation of this section.
(4) A "reciprocating" state, as used herein, is one under the laws
of which a similar prohibition is imposed upon and is enforced against
insurers domiciled in that state.
(5) The commissioner shall suspend or revoke the certificate of
authority of a domestic insurer found by him or her, after a hearing,
to have violated this section.
Sec. 7028 RCW 48.08.020 and 1947 c 79 s .08.02 are each amended
to read as follows:
(1) Reduction of the capital stock of a domestic stock insurer
shall be by amendment of its articles of incorporation. No such
reduction shall be made which results in capital stock less in amount
than the minimum required by this code for the kinds of insurance
thereafter to be transacted by the insurer.
(2) No surplus funds of the insurer resulting from a reduction of
its capital stock shall be distributed to stockholders, except as a
stock dividend on a subsequent increase of capital stock, or upon
dissolution of the insurer, or upon approval of the commissioner of a
distribution upon proof satisfactory to him or her that the
distribution will not impair the interests of policyholders or the
insurer's solvency.
(3) Upon such reduction of capital stock, the insurer's directors
shall call in any outstanding stock certificates required to be changed
pursuant thereto, and issue proper certificates in their stead.
Sec. 7029 RCW 48.08.090 and 1965 ex.s. c 70 s 5 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
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, 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. 7030 RCW 48.08.100 and 1965 ex.s. c 70 s 11 are each amended
to read as follows:
The term "equity security" when used in RCW 48.08.100 through
48.08.160 means any stock or similar security; or any security
convertible, with or without consideration, into such a security, or
carrying any warrant or right to subscribe to or purchase such a
security; or any such warrant or right; or any other security which the
commissioner shall deem to be of similar nature and consider necessary
or appropriate, by such rules and regulations as he or she may
prescribe in the public interest or for the protection of investors, to
treat as an equity security.
Sec. 7031 RCW 48.08.110 and 1965 ex.s. c 70 s 6 are each amended
to read as follows:
Every person who is directly or indirectly the beneficial owner of
more than ten percent of any class of any equity security of a domestic
stock insurer, or who is a director or an officer of such insurer,
shall file with the commissioner on or before the 30th day of
September, 1965, or within ten days after he or she becomes such
beneficial owner, director or officer, a statement, in such form as the
commissioner may prescribe, of the amount of all equity securities of
such insurer of which he or she is the beneficial owner, and within ten
days after the close of each calendar month thereafter, if there has
been a change in such ownership during such month, shall file with the
commissioner a statement, in such form as the commissioner may
prescribe, indicating his or her ownership at the close of the calendar
month and such changes in his or her ownership as have occurred during
such calendar month.
Sec. 7032 RCW 48.08.120 and 1965 ex.s. c 70 s 7 are each amended
to read as follows:
For the purpose of preventing the unfair use of information which
may have been obtained by such beneficial owner, director or officer by
reason of his or her relationship to such insurer, any profit realized
by him from any purchase and sale, or any sale and purchase, of any
equity security of such insurer within any period of less than six
months, unless such security was acquired in good faith in connection
with a debt previously contracted, shall inure to and be recoverable by
the insurer, irrespective of any intention on the part of such
beneficial owner, director or officer in entering into such transaction
of holding the security purchased or of not repurchasing the security
sold for a period exceeding six months. Suit to recover such profit
may be instituted at law or in equity in any court of competent
jurisdiction by the insurer, or by the owner of any security of the
insurer in the name and in behalf of the insurer if the insurer shall
fail or refuse to bring such suit within sixty days after request or
shall fail diligently to prosecute the same thereafter: PROVIDED, That
no such suit shall be brought more than two years after the date such
profit was realized. This section shall not be construed to cover any
transaction where such beneficial owner was not such both at the time
of the purchase and sale, or the sale and purchase, of the security
involved, or any transaction or transactions which the commissioner by
rules and regulations may exempt as not comprehended within the purpose
of this section.
Sec. 7033 RCW 48.08.130 and 1965 ex.s. c 70 s 8 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 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. 7034 RCW 48.08.140 and 1965 ex.s. c 70 s 9 are each amended
to read as follows:
The provisions of RCW 48.08.120 shall not apply to any purchase and
sale, or sale and purchase, and the provisions of RCW 48.08.130 shall
not apply to any sale of an equity security of a domestic stock insurer
not then or theretofore held by him or her in an investment account, by
a dealer in the ordinary course of his or her business and incident to
the establishment or maintenance by him or her of a primary or
secondary market (otherwise than on an exchange as defined in the
Securities Exchange Act of 1934) for such security. The commissioner
may, by such rules and regulations as he or she deems necessary or
appropriate in the public interest, define and prescribe terms and
conditions with respect to securities held in an investment account and
transactions made in the ordinary course of business and incident to
the establishment or maintenance of a primary or secondary market.
Sec. 7035 RCW 48.08.170 and 1965 ex.s. c 70 s 13 are each amended
to read as follows:
The commissioner shall have the power to make such rules and
regulations as may be necessary for the execution of the functions
vested in him or her by RCW 48.08.100 through 48.08.160, and may for
such purpose classify domestic stock insurers, securities, and other
persons or matters within his jurisdiction. No provision of RCW
48.08.110, 48.08.120, and 48.08.130 imposing any liability shall apply
to any act done or omitted in good faith in conformity with any rule or
regulation of the commissioner, notwithstanding that such rule or
regulation may, after such act or omission, be amended or rescinded or
determined by judicial or other authority to be invalid for any reason.
Sec. 7036 RCW 48.09.130 and 1947 c 79 s .09.13 are each amended
to read as follows:
A domestic mutual insurer shall adopt bylaws for the conduct of its
affairs. Such bylaws, or any modification thereof, shall forthwith be
filed with the commissioner. The commissioner shall disapprove any
such bylaws, or as so modified, if he or she finds after a hearing
thereon, that it is not in compliance with the laws of this state, and
he or she shall forthwith communicate such disapproval to the insurer.
No such bylaw, or modification, so disapproved shall be effective
during the existence of such disapproval.
Sec. 7037 RCW 48.09.160 and 1947 c 79 s .09.16 are each amended
to read as follows:
No individual shall be a director of a domestic mutual insurer by
reason of his or her holding public office. Adjudication as a bankrupt
or taking the benefit of any insolvency law or making a general
assignment for the benefit of creditors disqualifies an individual from
being or acting as a director.
Sec. 7038 RCW 48.09.220 and 1949 c 190 s 9 are each amended to
read as follows:
(1) Each member of a domestic mutual insurer, except as otherwise
provided in this chapter, shall have a contingent liability, pro rata
and not one for another, for the discharge of its obligations. The
contingent liability shall be in such maximum amount as is stated in
the insurer's articles of incorporation, but shall be not less than
one, nor more than five, additional premiums for the member's policy at
the annual premium rate and for a term of one year.
(2) Every policy issued by the insurer shall contain a statement of
the contingent liability.
(3) Termination of the policy of any such member shall not relieve
the member of contingent liability for his or her proportion of the
obligations of the insurer which accrued while the policy was in force.
Sec. 7039 RCW 48.09.230 and 1949 c 190 s 10 are each amended to
read as follows:
(1) If at any time the assets of a domestic mutual insurer doing
business on the cash premium plan are less than its liabilities and the
minimum surplus, if any, required of it by this code as prerequisite
for continuance of its certificate of authority, and the deficiency is
not cured from other sources, its directors may, if approved by the
commissioner, make an assessment only on its members who at any time
within the twelve months immediately preceding the date such assessment
was authorized by its directors held policies providing for contingent
liability.
(2) Such an assessment shall be for such an amount of money as is
required, in the opinion of the commissioner, to render the insurer
fully solvent, but not to result in surplus in excess of five percent
of the insurer's liabilities as of the date of the assessment.
(3) A member's proportionate part of any such assessment shall be
computed by applying to the premium earned, during the period since the
deficiency first appeared, on his or her contingently liable policy or
policies the ratio of the total assessment to the total premium earned
during such period on all contingently liable policies which are
subject to the assessment.
(4) No member shall have an offset against any assessment for which
he or she is liable on account of any claim for unearned premium or
losses payable.
Sec. 7040 RCW 48.09.270 and 1963 c 195 s 4 are each amended to
read as follows:
(1) A domestic mutual insurer on the cash premium plan, after it
has established a surplus not less in amount than the minimum capital
funds required of a domestic stock insurer to transact like kinds of
insurance, and for so long as it maintains such surplus, may extinguish
the contingent liability of its members to assessment and omit
provisions imposing contingent liability in all policies currently
issued.
(2) Any deposit made with the commissioner as a prerequisite to the
insurer's certificate of authority may be included as part of the
surplus required in this section.
(3) When the surplus has been so established and the commissioner
has so ascertained, he or she shall issue to the insurer, at its
request, his or her certificate authorizing the extinguishment of the
contingent liability of its members and the issuance of policies free
therefrom.
(4) While it maintains surplus funds in amount not less than the
minimum capital required of a domestic stock insurer authorized to
transact like kinds of insurance, and subject to the requirements of
RCW 48.05.360 as to special surplus, a foreign or alien mutual insurer
on the cash premium plan may, if consistent with its charter and the
laws of its domicile, issue nonassessable policies covering subjects
located, resident, or to be performed in this state.
Sec. 7041 RCW 48.10.140 and 1947 c 79 s .10.14 are each amended
to read as follows:
(1) Concurrently with the filing of the declaration provided for in
RCW 48.10.090, (or, if an existing domestic reciprocal insurer, within
ninety days after the effective date of this code) the attorney of a
domestic reciprocal shall file with the commissioner a bond running to
the state of Washington. The bond shall be executed by the attorney
and by an authorized corporate surety, and shall be subject to the
commissioner's approval.
(2) The bond shall be in the penal sum of twenty-five thousand
dollars, conditioned that the attorney will faithfully account for all
moneys and other property of the insurer coming into his or her hands,
and that he or she will not withdraw or appropriate for his or her own
use from the funds of the insurer any moneys or property to which he or
she is not entitled under the power of attorney.
(3) The bond shall provide that it is not subject to cancellation
unless thirty days advance notice in writing of intent to cancel is
given to both the attorney and the commissioner.
Sec. 7042 RCW 48.10.170 and 1947 c 79 s .10.17 are each amended
to read as follows:
(1) A certificate of authority shall not be issued to a domestic
reciprocal insurer unless prior thereto the attorney has executed and
filed with the commissioner the insurer's irrevocable authorization of
the commissioner to receive legal process issued in this state against
the insurer upon any cause of action arising within this state.
(2) The provisions of RCW 48.05.210 shall apply to service of such
process upon the commissioner.
(3) In lieu of service on the commissioner, legal process may be
served upon a domestic reciprocal insurer by serving the insurer's
attorney at his or her principal offices.
(4) Any judgment against the insurer based upon legal process so
served shall be binding upon each of the insurer's subscribers as their
respective interests may appear and in an amount not exceeding their
respective contingent liabilities.
Sec. 7043 RCW 48.10.200 and 1947 c 79 s .10.20 are each amended
to read as follows:
In determining the financial condition of a reciprocal insurer the
commissioner shall apply the following rules:
(1) He or she shall charge as liabilities the same reserves as are
required of incorporated insurers issuing nonassessable policies on a
reserve basis.
(2) The surplus deposits of subscribers shall be allowed as assets,
except that any premium deposit delinquent for ninety days shall first
be charged against such surplus deposit.
(3) The surplus deposits of subscribers shall not be charged as a
liability.
(4) All premium deposits delinquent less than ninety days shall be
allowed as assets.
(5) An assessment levied upon subscribers, and not collected, shall
not be allowed as an asset.
(6) The contingent liability of subscribers shall not be allowed as
an asset.
(7) The computation of reserves shall be based upon premium
deposits other than membership fees and without any deduction for the
compensation of the attorney.
Sec. 7044 RCW 48.10.250 and 1947 c 79 s .10.25 are each amended
to read as follows:
(1) The liability of each subscriber subject to assessment for the
obligations of the reciprocal insurer shall not be joint, but shall be
individual and several.
(2) Each subscriber who is subject to assessment shall have a
contingent assessment liability, in the amount provided for in the
power of attorney or in the subscribers' agreement, for payment of
actual losses and expenses incurred while his or her policy was in
force. Such contingent liability may be at the rate of not less than
one nor more than ten times the premium or premium deposit stated in
the policy, and the maximum aggregate thereof shall be computed in the
manner set forth in RCW 48.10.290.
(3) Each assessable policy issued by the insurer shall plainly set
forth a statement of the contingent liability.
Sec. 7045 RCW 48.10.260 and 1947 c 79 s .10.26 are each amended
to read as follows:
(1) No action shall lie against any subscriber upon any obligation
claimed against the insurer until a final judgment has been obtained
against the insurer and remains unsatisfied for thirty days.
(2) Any such judgment shall be binding upon each subscriber only in
such proportion as his or her interests may appear and in an amount not
exceeding his or her contingent liability, if any.
Sec. 7046 RCW 48.10.270 and 1947 c 79 s .10.27 are each amended
to read as follows:
(1) Assessments may be levied from time to time upon the
subscribers of a domestic reciprocal insurer, other than as to
nonassessable policies, by the attorney upon approval in advance by the
subscribers' advisory committee and the commissioner; or by the
commissioner in liquidation of the insurer.
(2) Each such subscriber's share of a deficiency for which an
assessment is made, not exceeding in any event his or her aggregate
contingent liability as computed in accordance with RCW 48.10.290,
shall be computed by applying to the premium earned on the subscriber's
policy or policies during the period to be covered by the assessment,
the ratio of the total deficiency to the total premiums earned during
such period upon all policies subject to the assessment.
(3) In computing the earned premiums for the purposes of this
section, the gross premium received by the insurer for the policy shall
be used as a base, deducting therefrom solely charges not recurring
upon the renewal or extension of the policy.
(4) No subscriber shall have an offset against any assessment for
which he or she is liable, on account of any claim for unearned premium
or losses payable.
Sec. 7047 RCW 48.10.280 and 1947 c 79 s .10.28 are each amended
to read as follows:
Every subscriber of a domestic reciprocal insurer having contingent
liability shall be liable for, and shall pay his or her share of any
assessment, as computed and limited in accordance with this chapter,
if:
(1) While his or her policy is in force or within one year after
its termination, he or she is notified by either the attorney or the
commissioner of his or her intention to levy such assessment; or
(2) If an order to show cause why a receiver, conservator,
rehabilitator, or liquidator of the insurer should not be appointed is
issued pursuant to RCW 48.31.190 while his or her policy is in force or
within one year after its termination.
Sec. 7048 RCW 48.10.300 and 1983 c 3 s 148 are each amended to
read as follows:
(1) Subject to the special surplus requirements of RCW 48.05.360,
if a reciprocal insurer has a surplus of assets over all liabilities at
least equal to the minimum capital stock required of a domestic stock
insurer authorized to transact like kinds of insurance, upon
application of the attorney and as approved by the subscribers'
advisory committee the commissioner shall issue his or her certificate
authorizing the insurer to extinguish the contingent liability of
subscribers under its policies then in force in this state, and to omit
provisions imposing contingent liability in all policies delivered or
issued for delivery in this state for so long as all such surplus
remains unimpaired.
(2) Upon impairment of such surplus, the commissioner shall
forthwith revoke the certificate. No policy shall thereafter be issued
or renewed without providing for the contingent assessment liability of
subscribers.
(3) The commissioner shall not authorize a domestic reciprocal
insurer so to extinguish the contingent liability of any of its
subscribers or in any of its policies to be issued, unless it qualifies
to and does extinguish such liability of all its subscribers and in all
such policies for all kinds of insurance transacted by it. Except,
that if required by the laws of another state in which the insurer is
transacting insurance as an authorized insurer, the insurer may issue
policies providing for the contingent liability of such of its
subscribers as may acquire such policies in such state, and need not
extinguish the contingent liability applicable to policies theretofore
in force in such state.
Sec. 7049 RCW 48.10.330 and 1947 c 79 s .10.33 are each amended
to read as follows:
(1) A domestic reciprocal insurer, upon affirmative vote of not
less than two-thirds of the subscribers who vote upon such merger
pursuant to such notice as may be approved by the commissioner and with
the approval of the commissioner of the terms therefor, may merge with
another reciprocal insurer or be converted to a stock or mutual
insurer.
(2) Such a stock or mutual insurer shall be subject to the same
capital requirements and shall have the same rights as a like domestic
insurer transacting like kinds of insurance.
(3) The commissioner shall not approve any plan for such merger or
conversion which is inequitable to subscribers, or which, if for
conversion to a stock insurer, does not give each subscriber
preferential right to acquire stock of the proposed insurer
proportionate to his or her interest in the reciprocal insurer as
determined in accordance with RCW 48.10.320 and a reasonable length of
time within which to exercise such right.
Sec. 7050 RCW 48.10.340 and 1947 c 79 s .10.34 are each amended
to read as follows:
(1) If the assets of a domestic reciprocal insurer are at any time
insufficient to discharge its liabilities other than any liability on
account of funds contributed by the attorney, and to maintain the
surplus required for the kinds of insurance it is authorized to
transact, its attorney shall forthwith levy an assessment upon
subscribers made subject to assessment by the terms of their policies
for the amount needed to make up the deficiency.
(2) If the attorney fails to make the assessment within thirty days
after the commissioner orders him or her to do so, or if the deficiency
is not fully made up within sixty days after the date the assessment
was made, the insurer shall be deemed insolvent and shall be proceeded
against as authorized by this code.
(3) If liquidation of such an insurer is ordered, an assessment
shall be levied upon the subscribers for such an amount, subject to
limits as provided by this chapter, as the commissioner determines to
be necessary to discharge all liabilities of the insurer, exclusive of
any funds contributed by the attorney, but including the reasonable
cost of the liquidation.
Sec. 7051 RCW 48.11.080 and 1967 c 150 s 8 are each amended to
read as follows:
"Surety insurance" includes:
(1) Credit insurance as defined in subdivision (9) of RCW
48.11.070.
(2) Bail bond insurance.
(3) Fidelity insurance, which is insurance guaranteeing the
fidelity of persons holding positions of public or private trust.
(4) Guaranteeing the performance of contracts, other than insurance
policies, and guaranteeing and executing bonds, undertakings, and
contracts of suretyship.
(5) Indemnifying banks, bankers, brokers, financial or moneyed
corporations or associations against loss resulting from any cause of
bills of exchange, notes, bonds, securities, evidence of debts, deeds,
mortgages, warehouse receipts, or other valuable papers, documents,
money, precious metals and articles made therefrom, jewelry, watches,
necklaces, bracelets, gems, precious and semi-precious stones,
including any loss while the same are being transported in armored
motor vehicles, or by messenger, but not including any other risks of
transportation or navigation; also against loss or damage to such an
insured's premises, or to his or her furnishings, fixtures, equipment,
safes and vaults therein, caused by burglary, robbery, theft, vandalism
or malicious mischief, or any attempt thereat.
Sec. 7052 RCW 48.12.010 and 2007 c 80 s 2 are each amended to
read as follows:
In any determination of the financial condition of any insurer
there shall be allowed as assets only such assets as belong wholly and
exclusively to the insurer, which are registered, recorded, or held
under the insurer's name, and which consist of:
(1) Cash in the possession of the insurer or in transit under its
control, and the true balance of any deposit of the insurer in a
solvent bank or trust company;
(2) Investments, securities, properties, and loans acquired or held
in accordance with this code, and in connection therewith the following
items:
(a) Interest due or accrued on any bond or evidence of indebtedness
which is not in default and which is not valued on a basis including
accrued interest.
(b) Declared and unpaid dividends on stocks and shares unless such
amount has otherwise been allowed as an asset.
(c) Interest due or accrued upon a collateral loan in an amount not
to exceed one year's interest thereon.
(d) Interest due or accrued on deposits in solvent banks and trust
companies, and interest due or accrued on other assets if such interest
is in the judgment of the commissioner a collectible asset.
(e) Interest due or accrued on a mortgage loan, in amount not
exceeding in any event the amount, if any, of the difference between
the unpaid principal and the value of the property less delinquent
taxes thereon; but if any interest on the loan is in default more than
one hundred eighty days, or if any interest on the loan is in default
and any taxes or any installment thereof on the property are and have
been due and unpaid for more than one hundred eighty days, no allowance
shall be made for any interest on the loan.
(f) Rent due or accrued on real property if such rent is not in
arrears for more than three months.
(3) Premium notes, policy loans, and other policy assets and liens
on policies of life insurance, in amount not exceeding the legal
reserve and other policy liabilities carried on each individual policy;
(4) The net amount of uncollected and deferred premiums in the case
of a life insurer which carries the full annual mean tabular reserve
liability;
(5) Premiums in the course of collection, other than for life
insurance, not more than ninety days past due, less commissions payable
thereon. The foregoing limitation shall not apply to premiums payable
directly or indirectly by the United States government or any of its
instrumentalities;
(6) Installment premiums other than life insurance premiums, in
accordance with regulations prescribed by the commissioner consistent
with practice formulated or adopted by the National Association of
Insurance Commissioners;
(7) Notes and like written obligations not past due, taken for
premiums other than life insurance premiums, on policies permitted to
be issued on such basis, to the extent of the unearned premium reserves
carried thereon and unless otherwise required by regulation prescribed
by the commissioner;
(8) Reinsurance recoverable subject to RCW 48.12.160;
(9) Amounts receivable by an assuming insurer representing funds
withheld by a solvent ceding insurer under a reinsurance treaty;
(10) Deposits or equities recoverable from underwriting
associations, syndicates and reinsurance funds, or from any suspended
banking institution, to the extent deemed by the commissioner available
for the payment of losses and claims and at values to be determined by
him or her;
(11) Electronic and mechanical machines constituting a data
processing and accounting system if the cost of such system is at least
twenty-five thousand dollars, which cost shall be amortized in full
over a period not to exceed three calendar years; and
(12) Other assets, not inconsistent with the foregoing provisions,
deemed by the commissioner available for the payment of losses and
claims, at values to be determined by him or her.
Sec. 7053 RCW 48.12.080 and 1947 c 79 s .12.08 are each amended
to read as follows:
(1) If the commissioner determines that an insurer's unearned
premium reserves, however computed, are inadequate, he or she may
require the insurer to compute such reserves or any part thereof
according to such other method or methods as are prescribed in this
chapter.
(2) If the loss experience of an insurer shows that its loss
reserves, however estimated, are inadequate, the commissioner shall
require the insurer to maintain loss reserves in such increased amount
as is needed to make them adequate.
Sec. 7054 RCW 48.12.140 and 1987 c 185 s 22 are each amended to
read as follows:
"Loss payments" and "loss expense payments" as used with reference
to liability and workers' compensation insurances shall include all
payments to claimants, payments for medical and surgical attendance,
legal expenses, salaries and expenses of investigators, adjusters and
claims field ((men)) representatives, rents, stationery, telegraph and
telephone charges, postage, salaries and expenses of office employees,
home office expenses and all other payments made on account of claims,
whether such payments are allocated to specific claims or are
unallocated.
Sec. 7055 RCW 48.13.350 and 1949 c 190 s 20 are each amended to
read as follows:
(1) As to each investment or loan of the funds of a domestic
insurer a written record in permanent form showing the authorization
thereof shall be made and signed by an officer of the insurer or by the
((chairman)) chair of such committee authorizing the investment or
loan.
(2) As to each such investment or loan the insurer's records shall
contain:
(a) In the case of loans: The name of the borrower; the location
and legal description of the property; a physical description, and the
appraised value of the security; the amount of the loan, rate of
interest and terms of repayment.
(b) In the case of securities: The name of the obligor; a
description of the security and the record of earnings; the amount
invested, the rate of interest or dividend, the maturity and yield
based upon the purchase price.
(c) In the case of real estate: The location and legal description
of the property; a physical description and the appraised value; the
purchase price and terms.
(d) In the case of all investments:
(i) The amount of expenses and commissions if any incurred on
account of any investment or loan and by whom and to whom payable if
not covered by contracts with mortgage loan representatives or
correspondents which are part of the insurer's records.
(ii) The name of any officer or director of the insurer having any
direct, indirect, or contingent interest in the securities or loan
representing the investment, or in the assets of the person in whose
behalf the investment or loan is made, and the nature of such interest.
Sec. 7056 RCW 48.14.070 and 1979 ex.s. c 130 s 2 are each amended
to read as follows:
In event any person has paid to the commissioner any tax, license
fee or other charge in error or in excess of that which he or she is
lawfully obligated to pay, the commissioner shall upon written request
made to him or her make a refund thereof. A person may only request a
refund of taxes within six years from the date the taxes were paid. A
person may only request a refund of fees or charges other than taxes
within thirteen months of the date the fees or charges were paid.
Refunds may be made either by crediting the amount toward payment of
charges due or to become due from such person, or by making a cash
refund. To facilitate such cash refunds the commissioner may establish
a revolving fund out of funds appropriated by the legislature for his
use.
Sec. 7057 RCW 48.15.100 and 1955 c 303 s 6 are each amended to
read as follows:
(1) Each licensed surplus line broker shall keep a full and true
record of each surplus line contract procured by him or her including
a copy of the daily report, if any, showing such of the following items
as may be applicable:
(a) Amount of the insurance;
(b) Gross premiums charged;
(c) Return premium paid, if any;
(d) Rate of premium charged upon the several items of property;
(e) Effective date of the contract, and the terms thereof;
(f) Name and address of the insurer;
(g) Name and address of the insured;
(h) Brief general description of property insured and where
located;
(i) Other information as may be required by the commissioner.
(2) All such records as to any particular transaction shall be kept
available and open to the inspection of the commissioner at any
business time during the five years next following the date of
completion of such transaction.
Sec. 7058 RCW 48.15.110 and 1955 c 303 s 7 are each amended to
read as follows:
(1) Each surplus line broker shall on or before the first day of
March of each year file with the commissioner a verified statement of
all surplus line insurance transacted by him or her during the
preceding calendar year.
(2) The statement shall be on forms as prescribed and furnished by
the commissioner and shall show:
(a) Aggregate of net premiums;
(b) Additional information as required by the commissioner.
Sec. 7059 RCW 48.15.120 and 1947 c 79 s .15.12 are each amended
to read as follows:
(1) On or before the first day of March of each year each surplus
line broker shall remit to the state treasurer through the commissioner
a tax on the premiums, exclusive of sums collected to cover federal and
state taxes and examination fees, on surplus line insurance subject to
tax transacted by him or her during the preceding calendar year as
shown by his or her annual statement filed with the commissioner, and
at the same rate as is applicable to the premiums of authorized foreign
insurers under this code. Such tax when collected shall be credited to
the general fund.
(2) If a surplus line policy covers risks or exposures only
partially in this state the tax so payable shall be computed upon the
proportion of the premium which is properly allocable to the risks or
exposures located in this state.
Sec. 7060 RCW 48.15.170 and 1947 c 79 s .15.17 are each amended
to read as follows:
Every person for whom insurance has been placed with an
unauthorized insurer pursuant to or in violation of this chapter shall,
upon the commissioner's order, produce for his or her examination all
policies and other documents evidencing the insurance, and shall
disclose to the commissioner the amount of the gross premiums paid or
agreed to be paid for the insurance. For each refusal to obey such
order, such person shall be liable to a fine of not more than five
hundred dollars.
Sec. 7061 RCW 48.16.080 and 1955 c 86 s 9 are each amended to
read as follows:
The state of Washington shall be responsible for the safekeeping
and return of all funds and securities deposited pursuant to this
chapter with the commissioner or in any such depositary so designated
by him or her.
Sec. 7062 RCW 48.16.100 and 1947 c 79 s .16.10 are each amended
to read as follows:
(1) Any such required deposit shall be released in these instances
only:
(a) Upon extinguishment of all liabilities of the insurer for the
security of which the deposit is held, by reinsurance contract or
otherwise.
(b) If any such deposit or portion thereof is no longer required
under this code.
(c) If the deposit has been made pursuant to the retaliatory
provision, RCW 48.14.040, it shall be released in whole or in part when
no longer so required.
(d) Upon proper order of a court of competent jurisdiction the
deposit shall be released to the receiver, conservator, rehabilitator,
or liquidator of the insurer for whose account the deposit is held.
(2) No such release shall be made except on application to and
written order of the commissioner made upon proof satisfactory to him
or her of the existence of one of such grounds therefor. The
commissioner shall have no personal liability for any such release of
any deposit or part thereof so made by him or her in good faith.
(3) All releases of deposits or any part thereof shall be made to
the person then entitled thereto upon proof of title satisfactory to
the commissioner.
(4) Deposits held on account of title insurers are subject further
to the provisions of chapter 48.29 RCW.
Sec. 7063 RCW 48.17.430 and 1977 ex.s. c 182 s 5 are each amended
to read as follows:
(1) Prior to the issuance of a license as public adjuster, the
applicant therefor shall file with the commissioner and shall
thereafter maintain in force while so licensed a surety bond in favor
of the people of the state of Washington, executed by an authorized
corporate surety approved by the commissioner, in the amount of five
thousand dollars. The bond may be continuous in form, and total
aggregate liability on the bond may be limited to the payment of five
thousand dollars. The bond shall be contingent on the accounting by
the adjuster to any insured whose claim he or she is handling, for
moneys or any settlement received in connection therewith.
(2) Any such bond shall remain in force until the surety is
released from liability by the commissioner, or until canceled by the
surety. Without prejudice to any liability accrued prior to
cancellation, the surety may cancel a bond upon thirty days advance
notice in writing filed with the commissioner.
(3) Such bond shall be required of any adjuster acting as a public
adjuster as of the effective date of this code, or thereafter under any
unexpired license heretofore issued.
Sec. 7064 RCW 48.18.020 and 1973 1st ex.s. c 163 s 2 are each
amended to read as follows:
(1) Any person eighteen years or older shall be considered of full
legal age and may contract for or with respect to insurance. Any
person seventeen years or younger shall be considered a minor for
purposes of Title 48 RCW.
(2) A minor not less than fifteen years of age as at nearest
birthday may, notwithstanding such minority, contract for life or
disability insurance on his or her own life or body, for his or her own
benefit or for the benefit of his or her father, mother, spouse, child,
brother, sister, or grandparent, and may exercise all rights and powers
with respect to or under the contract as though of full legal age, and
may surrender his or her interest therein and give a valid discharge
for any benefit accruing or money payable thereunder. The minor shall
not, by reason of his minority, be entitled to rescind, avoid, or
repudiate the contract, or any exercise of a right or privilege
thereunder, except, that such minor, not otherwise emancipated, shall
not be bound by any unperformed agreement to pay, by promissory note or
otherwise any premium on any such insurance contract.
Sec. 7065 RCW 48.18.050 and 1947 c 79 s .18.05 are each amended
to read as follows:
When the name of a person intended to be insured is specified in
the policy, such insurance can be applied only to his or her own proper
interest. This section shall not apply to life and disability
insurances.
Sec. 7066 RCW 48.18.070 and 1947 c 79 s .18.07 are each amended
to read as follows:
(1) Any application for insurance in writing by the applicant shall
be altered solely by the applicant or by his or her written consent,
except that insertions may be made by the insurer for administrative
purposes only in such manner as to indicate clearly that such
insertions are not to be ascribed to the applicant. Violation of this
provision shall be a misdemeanor.
(2) Any insurer issuing an insurance contract upon such an
application unlawfully altered by its officer, employee, or agent shall
not have available in any action arising out of such contract, any
defense which is based upon the fact of such alteration, or as to any
item in the application which was so altered.
Sec. 7067 RCW 48.18.090 and 1947 c 79 s .18.09 are each amended
to read as follows:
(1) Except as provided in subsection (2) of this section, no oral
or written misrepresentation or warranty made in the negotiation of an
insurance contract, by the insured or in his or her behalf, shall be
deemed material or defeat or avoid the contract or prevent it
attaching, unless the misrepresentation or warranty is made with the
intent to deceive.
(2) In any application for life or disability insurance made in
writing by the insured, all statements therein made by the insured
shall, in the absence of fraud, be deemed representations and not
warranties. The falsity of any such statement shall not bar the right
to recovery under the contract unless such false statement was made
with actual intent to deceive or unless it materially affected either
the acceptance of the risk or the hazard assumed by the insurer.
Sec. 7068 RCW 48.18.120 and 1957 c 193 s 10 are each amended to
read as follows:
(1) The commissioner shall, after hearing, from time to time
promulgate such rules and regulations as may be necessary to define and
effect reasonable uniformity in all basic contracts of fire insurance
which are commonly known as the standard form fire policies and may be
so referred to in this code, and the usual supplemental coverages,
riders, or endorsements thereon or thereto, to the end that such
definitions shall be applied in the construction of the various
sections of this code wherein such terms are used and that there be a
reasonable concurrency of contract where two or more insurers insure
the same subject and risk. All such forms heretofore approved by the
commissioner and for use as of immediately prior to the effective date
of this code, may continue to be so used until the further order of the
commissioner made pursuant to this subsection or pursuant to any other
provision of this code.
(2) The commissioner may from time to time, after hearing,
promulgate such rules and regulations as he or she deems necessary to
establish reasonable minimum standard conditions and terminology for
basic benefits to be provided by disability insurance contracts which
are subject to chapters 48.20 and 48.21 RCW, for the purpose of
expediting his or her approval of such contracts pursuant to this code.
No such promulgation shall be inconsistent with standard provisions as
required pursuant to RCW 48.18.130, nor contain requirements
inconsistent with requirements relative to the same benefit provision
as formulated or approved by the National Association of Insurance
Commissioners.
Sec. 7069 RCW 48.18.130 and 1947 c 79 s .18.13 are each amended
to read as follows:
(1) Insurance contracts shall contain such standard provisions as
are required by the applicable chapters of this code pertaining to
contracts of particular kinds of insurance. The commissioner may waive
the required use of a particular standard provision in a particular
insurance contract form if
(a) he or she finds such provision unnecessary for the protection
of the insured, and inconsistent with the purposes of the contract, and
(b) the contract is otherwise approved by him or her.
(2) No insurance contract shall contain any provision inconsistent
with or contradictory to any such standard provision used or required
to be used, but the commissioner may, except as to the standard
provisions of individual disability insurance contracts as required
under chapter 48.20 RCW, approve any provision which is in his or her
opinion more favorable to the insured than the standard provision or
optional standard provision otherwise required. No endorsement, rider,
or other documents attached to such contract shall vary, extend, or in
any respect conflict with any such standard provision, or with any
modification thereof so approved by the commissioner as being more
favorable to the insured.
(3) In lieu of the standard provisions required by this code for
contracts for particular kinds of insurance, substantially similar
standard provisions required by the law of a foreign or alien insurer's
domicile may be used when approved by the commissioner.
Sec. 7070 RCW 48.18.293 and 1969 ex.s. c 241 s 21 are each
amended to read as follows:
(1) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the insurance commissioner,
his or her agents, or members of his or her staff, or against any
insurer, its authorized representative, its agents, its employees, or
any firm, person or corporation furnishing to the insurer information
as to reasons for cancellation or refusal to renew, for any statement
made by any of them in any written notice of cancellation or refusal to
renew, or in any other communications, oral or written, specifying the
reasons for cancellation or refusal to renew or the providing of
information pertaining thereto, or for statements made or evidence
submitted in any hearing conducted in connection therewith.
(2) Proof of mailing of notice of cancellation or refusal to renew
or of reasons for cancellation, to the named insured, at the latest
address filed with the insurer by or on behalf of the named insured
shall be sufficient proof of notice.
Sec. 7071 RCW 48.18.340 and 1947 c 79 s .18.34 are each amended
to read as follows:
(1) Every insurer issuing participating policies, shall pay
dividends, unused premium refunds or savings distributed on account of
any such policy, only to the real party in interest entitled thereto as
shown by the insurer's records, or to any person to whom the right
thereto has been assigned in writing of record with the insurer, or
given in the policy by such real party in interest.
(2) Any person who is shown by the insurer's records to have paid
for his or her own account, or to have been ultimately charged for, the
premium for insurance provided by a policy in which another person is
the nominal insured, shall be deemed such real party in interest
proportionate to premium so paid or so charged. This subsection shall
not apply as to any such dividend, refund, or distribution which would
amount to less than one dollar.
(3) This section shall not apply to contracts of group life
insurance, group annuities, or group disability insurance.
Sec. 7072 RCW 48.18.375 and 1973 1st ex.s. c 163 s 3 are each
amended to read as follows:
A person whose life is insured under a group insurance policy may,
subject and pursuant to the terms of the policy, or pursuant to an
arrangement between the insured, the group policyholder and the
insurer, assign to any or all his or her spouse, children, parents, or
a trust for the benefit of any or all of them, all or any part of his
or her incidents of ownership, rights, title, and interests, both
present and future, under such policy including specifically, but not
by way of limitation, the right to designate a beneficiary or
beneficiaries thereunder and the right to have an individual policy
issued to him in case of termination of employment or of said group
insurance policy. Such an assignment by the insured, made either
before or after July 16, 1973, is valid for the purpose of vesting in
the assignee, in accordance with any provisions included therein as to
the time at which it is to be effective, all of such incidents of
ownership, rights, title, and interests so assigned, but without
prejudice to the insurer on account of any payment it may make or
individual policy it may issue prior to receipt of notice of the
assignment. This section acknowledges, declares, and codifies the
existing right of assignment of interests under group insurance
policies.
Sec. 7073 RCW 48.18.400 and 1947 c 79 s .18.40 are each amended
to read as follows:
The proceeds or avails of all contracts of disability insurance and
of provisions providing benefits on account of the insured's disability
which are supplemental to life insurance or annuity contracts
heretofore or hereafter effected shall be exempt from all liability for
any debt of the insured, and from any debt of the beneficiary existing
at the time the proceeds are made available for his or her use.
Sec. 7074 RCW 48.18.410 and 1947 c 79 s .18.41 are each amended
to read as follows:
(1) The lawful beneficiary, assignee, or payee of a life insurance
policy, other than an annuity, heretofore or hereafter effected by any
person on his or her own life, or on the life of another, in favor of
a person other than himself or herself, shall be entitled to the
proceeds and avails of the policy against the creditors and
representatives of the insured and of the person effecting the
insurance, and such proceeds and avails shall also be exempt from all
liability for any debt of such beneficiary, existing at the time the
proceeds or avails are made available for his or her own use.
(2) The provisions of subsection (1) of this section shall apply
(a) whether or not the right to change the beneficiary is reserved
or permitted in the policy; or
(b) whether or not the policy is made payable to the person whose
life is insured or to his or her estate if the beneficiary, assignee or
payee shall predecease such person; except, that this subsection shall
not be construed so as to defeat any policy provision which provides
for disposition of proceeds in the event the beneficiary shall
predecease the insured.
(3) The exemptions provided by subsection (1) of this section,
subject to the statute of limitations, shall not apply
(a) to any claim to or interest in such proceeds or avails by or on
behalf of the insured, or the person so effecting the insurance, or
their administrators or executors, in whatever capacity such claim is
made or such interest is asserted; or
(b) to any claim to or interest in such proceeds or avails by or on
behalf of any person to whom rights thereto have been transferred with
intent to defraud creditors; but an insurer shall be liable to all such
creditors only as to amounts aggregating not to exceed the amount of
such proceeds or avails remaining in the insurer's possession at the
time the insurer receives at its home office written notice by or on
behalf of such creditors, of claims to recover for such transfer, with
specification of the amounts claimed; or
(c) to so much of such proceeds or avails as equals the amount of
any premiums or portion thereof paid for the insurance with intent to
defraud creditors, with interest thereon, and if prior to the payment
of such proceeds or avails the insurer has received at its home office
written notice by or on behalf of the creditor, of a claim to recover
for premiums paid with intent to defraud creditors, with specification
of the amount claimed.
(4) For the purposes of subsection (1) of this section a policy
shall also be deemed to be payable to a person other than the insured
if and to the extent that a facility-of-payment clause or similar
clause in the policy permits the insurer to discharge its obligation
after the death of the individual insured by paying the death benefits
to a person as permitted by such clause.
(5) No person shall be compelled to exercise any rights, powers,
options or privileges under any such policy.
Sec. 7075 RCW 48.18.420 and 1947 c 79 s .18.42 are each amended
to read as follows:
(1) A policy of group life insurance or the proceeds thereof
payable to the individual insured or to the beneficiary thereunder,
shall not be liable, either before or after payment, to be applied to
any legal or equitable process to pay any liability of any person
having a right under the policy. The proceeds thereof, when not made
payable to a named beneficiary or to a third person pursuant to a
facility-of-payment clause, shall not constitute a part of the estate
of the individual insured for the payment of his or her debts.
(2) This section shall not apply to group life insurance policies
issued under RCW 48.24.040 (debtor groups) to the extent that such
proceeds are applied to payment of the obligation for the purpose of
which the insurance was so issued.
Sec. 7076 RCW 48.18.440 and 1947 c 79 s .18.44 are each amended
to read as follows:
(1) Every life insurance policy heretofore or hereafter made
payable to or for the benefit of the spouse of the insured, and every
life insurance policy heretofore or hereafter assigned, transferred, or
in any way made payable to a spouse or to a trustee for the benefit of
a spouse, regardless of how such assignment or transfer is procured,
shall, unless contrary to the terms of the policy, inure to the
separate use and benefit of such spouse: PROVIDED, That the beneficial
interest of a spouse in a policy upon the life of a child of the
spouses, however such interest is created, shall be deemed to be a
community interest and not a separate interest, unless expressly
otherwise provided by the policy.
(2) In any life insurance policy heretofore or hereafter issued
upon the life of a spouse the designation heretofore or hereafter made
by such spouse of a beneficiary in accordance with the terms of the
policy, shall create a presumption that such beneficiary was so
designated with the consent of the other spouse, but only as to any
beneficiary who is the child, parent, brother, or sister of either of
the spouses. The insurer may in good faith rely upon the
representations made by the insured as to the relationship to him or
her of any such beneficiary.
Sec. 7077 RCW 48.18.450 and 1963 c 227 s 1 are each amended to
read as follows:
Life insurance may be made payable to a trustee to be named as
beneficiary in the policy and the proceeds of such insurance paid to
such trustee shall be held and disposed of by the trustee as provided
in a trust agreement or declaration of trust made by the insured during
his or her lifetime. It shall not be necessary to the validity of any
such trust agreement or declaration of trust that it have a trust
corpus other than the right of the trustee to receive such insurance
proceeds as beneficiary, and any such trustee may also receive assets,
other than insurance proceeds, by testamentary disposition and
administer them according to the terms of the trust agreement or
declaration of trust as they exist at the death of the testator.
Sec. 7078 RCW 48.18A.020 and 1973 1st ex.s. c 163 s 4 are each
amended to read as follows:
A domestic life insurer may, by or pursuant to resolution of its
board of directors, establish one or more separate accounts, and may
allocate thereto amounts (including without limitation proceeds applied
under optional modes of settlement or under dividend options) to
provide for life insurance or annuities (and other benefits incidental
thereto), payable in fixed or variable amounts or both, subject to the
following:
(1) The income, gains, and losses, realized or unrealized, from
assets allocated to a separate account shall be credited to or charged
against the account, without regard to other income, gains, or losses
of the insurer.
(2)(a) Except as hereinafter provided, amounts allocated to any
separate account and accumulations thereon may be invested and
reinvested without regard to any requirements or limitations prescribed
by the laws of this state governing the investments of life insurers:
PROVIDED, That to the extent that the insurer's reserve liability with
regard to (i) benefits guaranteed as to dollar amount and duration, and
(ii) funds guaranteed as to principal amount or stated rate of interest
is maintained in any separate account, a portion of the assets of such
separate account at least equal to such reserve liability shall be
invested under such conditions as the commissioner may prescribe. The
investments in such separate account or accounts shall not be taken
into account in applying the investment limitations applicable to the
investments of the insurer.
(b) With respect to seventy-five percent of the market value of the
total assets in a separate account no insurer shall purchase or
otherwise acquire the securities of any issuer, other than securities
issued or guaranteed as to principal or interest by the United States,
if immediately after such purchase or acquisition the market value of
such investment, together with prior investments of such separate
account in such security taken at market value, would exceed ten
percent of the market value of the assets of such separate account:
PROVIDED, That the commissioner may waive such limitation if, in his or
her opinion, such waiver will not render the operation of such separate
account hazardous to the public or the policyholders in this state.
(c) Unless otherwise permitted by law or approved by the
commissioner, no insurer shall purchase or otherwise acquire for its
separate accounts the voting securities of any issuer if as a result of
such acquisition the insurer and its separate accounts, in the
aggregate, will own more than ten percent of the total issued and
outstanding voting securities of such issuer: PROVIDED, That the
foregoing shall not apply with respect to securities held in separate
accounts, the voting rights in which are exercisable only in accordance
with instructions from persons having interests in such accounts.
(d) The limitations provided in paragraphs (b) and (c) of this
subsection shall not apply to the investment with respect to a separate
account in the securities of an investment company registered under the
United States Investment Company Act of 1940: PROVIDED, That the
investments of such investment company shall comply in substance
therewith.
(3) Unless otherwise approved by the commissioner, assets allocated
to a separate account shall be valued at their market value on the date
of valuation, or if there is no readily available market, then as
provided under the terms of the contract or the rules or other written
agreement applicable to such separate account: PROVIDED, That unless
otherwise approved by the commissioner, the portion, if any, of the
assets of such separate account equal to the insurer's reserve
liability with regard to the guaranteed benefits and funds referred to
in subsection (2) of this section shall be valued in accordance with
the rules otherwise applicable to the insurer's assets.
(4) Amounts allocated to a separate account in the exercise of the
power granted by this chapter shall be owned by the insurer and the
insurer shall not be, nor hold itself out to be, a trustee with respect
to such amounts. If and to the extent so provided under the applicable
contracts, that portion of the assets of any such separate account
equal to the reserves and other contract liabilities with respect to
such account shall not be chargeable with liabilities arising out of
any other business the insurer may conduct.
(5) No sale, exchange or other transfer of assets may be made by an
insurer between any of its separate accounts or between any other
investment account and one or more of its separate accounts unless, in
case of a transfer into a separate account, such transfer is made
solely to establish the account or to support the operation of the
contracts with respect to the separate account to which the transfer is
made, and unless such transfer, whether into or from a separate
account, is made (a) by a transfer of cash, or (b) by a transfer of
securities having a readily determinable market value: PROVIDED, That
such transfer of securities is approved by the commissioner. The
commissioner may approve other transfers among such accounts, if, in
his or her opinion, such transfers would not be inequitable.
(6) To the extent such insurer deems it necessary to comply with
any applicable federal or state law, such insurer, with respect to any
separate account, including without limitation any separate account
which is a management investment company or a unit investment trust,
may provide for persons having interest therein, as may be appropriate,
voting and other rights and special procedures for the conduct of the
business of such account, including without limitation, special rights
and procedures relating to investment policy, investment advisory
services, selection of independent public accountants, and the
selection of a committee, the members of which need not be otherwise
affiliated with such insurer, to manage the business of such account.
Sec. 7079 RCW 48.19.080 and 1981 c 339 s 18 are each amended to
read as follows:
Under such rules and regulations as he or she shall adopt the
commissioner may, by order, suspend or modify the requirement of filing
as to any kind of insurance. Such orders, rules and regulations shall
be made known to insurers and rating organizations affected thereby.
The commissioner may make such examination as he or she may deem
advisable to ascertain whether any rates affected by such order meet
the standard prescribed in RCW 48.19.020.
Sec. 7080 RCW 48.19.090 and 1947 c 79 s .19.09 are each amended
to read as follows:
Upon written application of the insured, stating his or her reasons
therefor, filed with and approved by the commissioner, a rate in excess
of that provided by a filing otherwise applicable may be used on any
specific risk.
Sec. 7081 RCW 48.19.100 and 1989 c 25 s 6 are each amended to
read as follows:
If within the waiting period or any extension thereof as provided
in RCW 48.19.060, the commissioner finds that a filing does not meet
the requirements of this chapter, he or she shall disapprove such
filing, and shall give notice of such disapproval, specifying the
respect in which he or she finds the filing fails to meet such
requirements, and stating that the filing shall not become effective,
to the insurer or rating organization which made the filing.
Sec. 7082 RCW 48.19.110 and 1947 c 79 s .19.11 are each amended
to read as follows:
(1) If within thirty days after a special filing subject to RCW
48.19.070 has become effective, the commissioner finds that the filing
does not meet the requirements of this chapter, he or she shall
disapprove the filing and shall give notice to the insurer or rating
organization which made the filing, specifying in what respects he or
she finds that the filing fails to meet such requirements and stating
when, within a reasonable period thereafter, the filing shall be deemed
no longer effective.
(2) Such disapproval shall not affect any contract made or issued
prior to the expiration of the period set forth in the notice of
disapproval.
Sec. 7083 RCW 48.19.120 and 1989 c 25 s 7 are each amended to
read as follows:
(1) If at any time subsequent to the applicable review period
provided in RCW 48.19.060 or 48.19.110, the commissioner finds that a
filing does not meet the requirements of this chapter, he or she shall,
after a hearing, notice of which was given to every insurer and rating
organization which made such filing, issue his or her order specifying
in what respect he or she finds that such filing fails to meet the
requirements of this chapter, and stating when, within a reasonable
period thereafter, the filings shall be deemed no longer effective.
(2) Such order shall not affect any contract or policy made or
issued prior to the expiration of the period set forth in the order.
(3) Any person aggrieved with respect to any filing then in effect,
other than the insurer or rating organization which made the filing,
may make written application to the commissioner for a hearing thereon.
The application shall specify the grounds to be relied upon by the
applicant. If the commissioner finds that the application is made in
good faith, that the applicant would be so aggrieved if his or her
grounds are established, and that such grounds otherwise justify
holding the hearing, he or she shall, within thirty days after receipt
of the application, hold a hearing as required in subsection (1) of
this section.
Sec. 7084 RCW 48.19.180 and 1947 c 79 s .19.18 are each amended
to read as follows:
(1) If the commissioner finds that the applicant for a license as
a rating organization is competent, trustworthy and otherwise qualified
so to act, and that its constitution, articles of agreement or
association or certificate of incorporation or trust agreement, and its
bylaws, rules and regulations governing the conduct of its business
conform to the requirements of law, he or she shall, upon payment of a
license fee of twenty-five dollars, issue a license specifying the
kinds of insurance, or subdivisions or class of risk or part or
combination thereof for which the applicant is authorized to act as a
rating organization.
(2) The commissioner shall grant or deny in whole or in part every
such application within sixty days of the date of its filing with him
or her.
(3) A license issued pursuant to this section shall remain in
effect for three years unless sooner suspended or revoked by the
commissioner.
Sec. 7085 RCW 48.19.190 and 1947 c 79 s .19.19 are each amended
to read as follows:
(1) The commissioner may, after a hearing, suspend or revoke the
license issued to a rating organization for any of the following
causes:
(a) If he or she finds that the licensee no longer meets the
qualifications for the license.
(b) For failure to comply with an order of the commissioner within
the time limited by the order, or any extension thereof which the
commissioner may grant.
(2) The commissioner shall not so suspend or revoke a license for
failure to comply with an order until the time prescribed by this code
for an appeal from such order to the superior court has expired or if
such appeal has been taken, until such order has been affirmed.
(3) The commissioner may determine when a suspension or revocation
of license shall become effective. A suspension of license shall
remain in effect for the period fixed by him or her, unless he or she
modifies or rescinds the suspension, or until the order, failure to
comply with which constituted grounds for the suspension, is modified,
rescinded or reversed.
Sec. 7086 RCW 48.19.220 and 1947 c 79 s .19.22 are each amended
to read as follows:
(1) The reasonableness of any rule or regulation in its application
to subscribers, or the refusal of any rating organization to admit an
insurer as a subscriber, shall, at the request of any subscriber or any
such insurer, be reviewed by the commissioner at a hearing held upon
notice to the rating organization, and to the subscriber or insurer.
(2) If the commissioner finds that such rule or regulation is
unreasonable in its application to subscribers, he or she shall order
that such rule or regulation shall not be applicable to subscribers who
are not members of the rating organization.
(3) If a rating organization fails to grant or reject an insurer's
application for subscribership within thirty days after it was made,
the insurer may request a review by the commissioner as if the
application had been rejected. If the commissioner finds that the
insurer has been refused admittance to the rating organization as a
subscriber without justification, he or she shall order the rating
organization to admit the insurer as a subscriber. If he or she finds
that the action of the rating organization was justified, he or she
shall make an order affirming its action.
Sec. 7087 RCW 48.19.250 and 1947 c 79 s .19.25 are each amended
to read as follows:
(1) Cooperation among rating organizations or among rating
organizations and insurers in rate making or in other matters within
the scope of this chapter is hereby authorized, if the filings
resulting from such cooperation are subject to all the provisions of
this chapter which are applicable to filings generally.
(2) The commissioner may review such cooperative activities and
practices and if, after a hearing, he or she finds that any such
activity or practice is unfair or unreasonable or otherwise
inconsistent with the provisions of this code, he or she may issue a
written order specifying in what respect such activity or practice is
so unfair, unreasonable, or inconsistent, and requiring the
discontinuance of such activity or practice.
Sec. 7088 RCW 48.19.290 and 1947 c 79 s .19.29 are each amended
to read as follows:
(1) Any subscriber to a rating organization may appeal to the
commissioner from the rating organization's action or decision in
approving or rejecting any proposed change in or addition to the rating
organization's filings. The commissioner shall, after a hearing on the
appeal:
(a) Issue an order approving the rating organization's action or
decision or directing it to give further consideration to such
proposal; or
(b) If the appeal is from the rating organization's action or
decision in rejecting a proposed addition to its filings, he or she
may, in event he or she finds that the action or decision was
unreasonable, issue an order directing the rating organization to make
an addition to its filings, on behalf of its subscribers, in a manner
consistent with his or her findings, within a reasonable time after the
issuance of such order.
(2) If such appeal is based upon the rating organization's failure
to make a filing on behalf of such subscriber which is based on a
system of expense provisions which differs, in accordance with the
right granted in subdivision (2) of RCW 48.19.030, from the system of
expense provisions included in a filing made by the rating
organization, the commissioner shall, if he or she grants the appeal,
order the rating organization to make the requested filing for use by
the appellant. In deciding the appeal the commissioner shall apply the
standards set forth in RCW 48.19.020 and 48.19.030.
Sec. 7089 RCW 48.19.310 and 1947 c 79 s .19.31 are each amended
to read as follows:
Every rating organization and every insurer which makes its own
rates shall provide within this state reasonable means whereby any
person aggrieved by the application of its rating system may be heard,
in person or by his or her authorized representative, on his or her
written request to review the manner in which such rating system has
been applied in connection with the insurance afforded him or her. If
the rating organization or insurer fails to grant or reject such
request within thirty days after it is made, the applicant may proceed
in the same manner as if his or her application had been rejected. Any
party affected by the action of such rating organization or such
insurer on such request may, within thirty days after written notice of
such action, appeal to the commissioner, who, after a hearing held upon
notice to the appellant and to the rating organization or insurer, may
affirm or reverse such action.
Sec. 7090 RCW 48.19.330 and 1947 c 79 s .19.33 are each amended
to read as follows:
Every advisory organization before serving as such to any rating
organization or independently filing insurer doing business in this
state, shall file with the commissioner:
(1) A copy of its constitution, its articles of agreement or
association or its certificate of incorporation and of its bylaws,
rules and regulations governing its activities;
(2) A list of its members;
(3) The name and address of a resident of this state upon whom
notices or orders of the commissioner or process issued at his or her
direction may be served; and
(4) An agreement that the commissioner may examine such advisory
organization in accordance with the provisions of RCW 48.03.010.
Sec. 7091 RCW 48.19.340 and 1947 c 79 s .19.34 are each amended
to read as follows:
If, after a hearing, the commissioner finds that the furnishing of
information or assistance by an advisory organization, as referred to
in RCW 48.19.320, involves any act or practice which is unfair or
unreasonable or otherwise inconsistent with the provisions of this
code, he or she may issue a written order specifying in what respect
such act or practice is unfair or unreasonable or so otherwise
inconsistent, and requiring the discontinuance of such act or practice.
Sec. 7092 RCW 48.19.350 and 1947 c 79 s .19.35 are each amended
to read as follows:
No insurer which makes its own filing nor any rating organization
shall support its filings by statistics or adopt rate making
recommendations, furnished to it by an advisory organization which has
not complied with this chapter or with any order of the commissioner
involving such statistics or recommendations issued under RCW
48.19.340. If the commissioner finds such insurer or rating
organization to be in violation of this section he or she may issue an
order requiring the discontinuance of the violation.
Sec. 7093 RCW 48.19.360 and 1947 c 79 s .19.36 are each amended
to read as follows:
(1) Every group, association or other organization of insurers
which engages in joint underwriting or joint reinsurance, shall be
subject to regulation with respect thereto as is provided in this
section, subject, however, with respect to joint underwriting, to all
other provisions of this chapter, and, with respect to joint
reinsurance, to RCW 48.19.270, 48.01.080 and 48.19.430; and to chapter
48.03 RCW of this code.
(2) If, after a hearing, the commissioner finds that any activity
or practice of any such group, association or other organization is
unfair or unreasonable or otherwise inconsistent with the provisions of
this chapter, he or she may issue a written order specifying in what
respects such activity or practice is unfair, or unreasonable or so
inconsistent, and requiring the discontinuance of the activity or
practice.
Sec. 7094 RCW 48.19.370 and 1947 c 79 s .19.37 are each amended
to read as follows:
(1) The commissioner shall promulgate reasonable rules and
statistical plans, reasonably adapted to each of the rating systems on
file with him or her, which may be modified from time to time and which
shall be used thereafter by each insurer in the recording and reporting
of its loss and countrywide expense experience, in order that the
experience of all insurers may be made available at least annually in
such form and detail as may be necessary to aid him or her in
determining whether rating systems comply with the standards set forth
in RCW 48.19.020 and 48.19.030. Such rules and plans may also provide
for the recording and reporting of expense experience items which are
specially applicable to this state and are not susceptible of
determination by a prorating of countrywide expense experience.
(2) In promulgating such rules and plans, the commissioner shall
give due consideration to the rating systems on file with him or her
and, in order that such rules and plans may be as uniform as is
practicable among the several states, to the rules and to the form of
the plans used for such rating systems in other states.
(3) No insurer shall be required to record or report its loss
experience on a classification basis that is inconsistent with the
rating system filed by it.
(4) The commissioner may designate one or more rating organizations
or other agencies to assist him or her in gathering such experience and
making compilations thereof, and such compilations shall be made
available, subject to reasonable rules promulgated by the commissioner,
to insurers and rating organizations.
(5) Reasonable rules and plans may be promulgated by the
commissioner for the interchange of data necessary for the application
of rating plans.
Sec. 7095 RCW 48.19.410 and 1983 1st ex.s. c 32 s 8 are each
amended to read as follows:
(1) The commissioner may permit the organization and operation of
examining bureaus for the examination of policies, daily reports,
binders, renewal certificates, endorsements, and other evidences of
insurance or of the cancellation thereof, for the purpose of
ascertaining that lawful rates are being charged.
(2) A bureau shall examine documents with regard to such kinds of
insurance as the commissioner may, after hearing, reasonably require to
be submitted for examination. A bureau may examine documents as to
such other kinds of insurance as the issuing insurers may voluntarily
submit for examination. Upon request of the commissioner, a bureau
shall also examine affidavits filed pursuant to RCW 48.15.040, surplus
lines contracts and related documents, and shall make recommendations
to the commissioner to assist the commissioner in determining whether
surplus lines have been procured in accordance with chapter 48.15 RCW
and rules issued thereunder.
(3) No bureau shall operate unless licensed by the commissioner as
to the kinds of insurance as to which it is permitted so to examine.
To qualify for a license a bureau shall:
(a) Be owned in trust for the benefit of all the insurers regularly
using its services, under a trust agreement approved by the
commissioner.
(b) Make its services available without discrimination to all
authorized insurers applying therefor, subject to such reasonable rules
and regulations as to the obligations of insurers using its services,
as to the conduct of its affairs, and as to the correction of errors
and omissions in documents examined by it as are approved by the
commissioner.
(c) Have no manager or other employee who is an employee of an
insurer other than to the extent that he or she is an employee of the
bureau owned by insurers through such trust agreement.
(d) Pay to the commissioner a fee of ten dollars for issuance of
its license.
(4) Such license shall be of indefinite duration and shall remain
in force until revoked by the commissioner or terminated at the request
of the bureau. The commissioner may revoke the license, after hearing,
(a) if the bureau is no longer qualified therefor;
(b) if the bureau fails to comply with a proper order of the
commissioner;
(c) if the bureau violates or knowingly participates in the
violation of any provision of this code.
(5) Any person aggrieved by any rule, regulation, act or omission
of a bureau may appeal to the commissioner therefrom. The commissioner
shall hold a hearing upon such appeal, and shall make such order upon
the hearing as he or she deems to be proper.
(6) Every such bureau operating in this state shall be subject to
the supervision of the commissioner, and the commissioner shall examine
it as provided in chapter 48.03 RCW of this code.
(7) Every examining bureau shall keep adequate records of the
outstanding errors and omissions found in coverages examined by it and
of its receipts and disbursements, and shall hold as confidential all
information contained in documents submitted to it for examination.
(8) The commissioner shall not license an additional bureau for the
examination of documents relative to a kind of insurance if such
documents are being examined by a then existing licensed bureau. Any
examining bureau operating in this state immediately prior to the
effective date of this code under any law of this state repealed as of
such date, shall have prior right to apply for and secure a license
under this section.
Sec. 7096 RCW 48.20.062 and 1951 c 229 s 7 are each amended to
read as follows:
There shall be a provision as follows:
GRACE PERIOD: A grace period of . . . . (insert a number not less
than "7" for weekly premium policies, "10" for monthly premium
policies, and "31" for all other policies) days will be granted for the
payment of each premium falling due after the first premium, during
which grace period the policy shall continue in force.
(A policy which contains a cancellation provision may add, at the
end of the above provision: "subject to the right of the insurer to
cancel in accordance with the cancellation provision hereof."
A policy in which the insurer reserves the right to refuse any
renewal shall have, at the beginning of the above provision: "Unless
not less than five days prior to the premium due date the insurer has
delivered to the insured or has mailed to his or her last address as
shown by the records of the insurer written notice of its intention not
to renew this policy beyond the period for which the premium has been
accepted.")
Sec. 7097 RCW 48.20.082 and 1951 c 229 s 9 are each amended to
read as follows:
There shall be a provision as follows:
NOTICE OF CLAIM: Written notice of claim must be given to the
insurer within twenty days after the occurrence or commencement of any
loss covered by the policy, or as soon thereafter as is reasonably
possible. Notice given by or on behalf of the insured or the
beneficiary to the insurer at . . . . . . . . . (insert the location of
such office as the insurer may designate for the purpose), or to any
authorized agent of the insurer, with information sufficient to
identify the insured, shall be deemed notice to the insurer.
(In a policy providing a loss-of-time benefit which may be payable
for at least two years, an insurer may at its option insert the
following between the first and second sentences of the above
provision:
"Subject to the qualifications set forth below, if the insured
suffers loss of time on account of disability for which indemnity may
be payable for at least two years, he or she shall at least once in
every six months after having given notice of claim, give to the
insurer notice of continuance of said disability, except in the event
of legal incapacity. The period of six months following any filing of
proof by the insured or any payment by the insurer on account of such
claim or any denial of liability in whole or in part by the insurer
shall be excluded in applying this provision. Delay in the giving of
such notice shall not impair the insured's right to any indemnity which
would otherwise have accrued during the period of six months preceding
the date on which such notice is actually given.")
Sec. 7098 RCW 48.20.172 and 1951 c 229 s 18 are each amended to
read as follows:
There may be a provision as follows:
CHANGE OF OCCUPATION: If the insured be injured or contract
sickness after having changed his occupation to one classified by the
insurer as more hazardous than that stated in this policy or while
doing for compensation anything pertaining to an occupation so
classified, the insurer will pay only such portion of the indemnities
provided in this policy as the premium paid would have purchased at the
rates and within the limits fixed by the insurer for such more
hazardous occupation. If the insured changes his or her occupation to
one classified by the insurer as less hazardous than that stated in
this policy, the insurer, upon receipt of proof of such change of
occupation, will reduce the premium rate accordingly, and will return
the excess pro rata unearned premium from the date of change of
occupation or from the policy anniversary date immediately preceding
receipt of such proof, whichever is the more recent. In applying this
provision, the classification of occupational risk and the premium
rates shall be such as have been last filed by the insurer prior to the
occurrence of the loss for which the insurer is liable or prior to date
of proof of change in occupation with the state official having
supervision of insurance in the state where the insured resided at the
time this policy was issued; but if such filing was not required, then
the classification of occupational risk and the premium rates shall be
those last made effective by the insurer in such state prior to the
occurrence of the loss or prior to the date of proof of change in
occupation.
Sec. 7099 RCW 48.20.192 and 1951 c 229 s 20 are each amended to
read as follows:
There may be a provision as follows:
OTHER INSURANCE IN THIS INSURER: If an accident or sickness or
accident and sickness policy or policies previously issued by the
insurer to the insured be in force concurrently herewith, making the
aggregate indemnity for . . . . . . . . . (insert type of coverage or
coverages) in excess of $. . . . . . (insert maximum limit of indemnity
or indemnities) the excess insurance shall be void and all premiums
paid for such excess shall be returned to the insured or to his estate.
Or, in lieu thereof:
Insurance effective at any one time on the insured under a like
policy or policies in this insurer is limited to the one such policy
elected by the insured, his or her beneficiary or his estate, as the
case may be, and the insurer will return all premiums paid for all
other such policies.
Sec. 7100 RCW 48.20.222 and 1987 c 185 s 28 are each amended to
read as follows:
(1) There may be a provision as follows:
RELATION OF EARNINGS TO INSURANCE: If the total monthly amount of
loss of time benefits promised for the same loss under all valid loss
of time coverage upon the insured, whether payable on a weekly or
monthly basis, shall exceed the monthly earnings of the insured at the
time disability commenced or his or her average monthly earnings for
the period of two years immediately preceding a disability for which
claim is made, whichever is the greater, the insurer will be liable
only for such proportionate amount of such benefits under this policy
as the amount of such monthly earnings of the insured bears to the
total amount of monthly benefits for the same loss under all such
coverage upon the insured at the time such disability commences and for
the return of such part of the premiums paid during such two years as
shall exceed the pro rata amount of the premiums for the benefits
actually paid hereunder; but this shall not operate to reduce the total
monthly amount of benefits payable under all such coverage upon the
insured below the sum of two hundred dollars or the sum of the monthly
benefits specified in such coverages, whichever is the lesser, nor
shall it operate to reduce benefits other than those payable for loss
of time.
(2) The foregoing policy provision may be inserted only in a policy
which the insured has the right to continue in force subject to its
terms by the timely payment of premiums (a) until at least age 50 or,
(b) in the case of a policy issued after age 44, for at least five
years from its date of issue. The insurer may, at its option, include
in this provision a definition of "valid loss of time coverage,"
approved as to form by the commissioner, which definition shall be
limited in subject matter to coverage provided by governmental agencies
or by organizations subject to regulation by insurance law or by
insurance authorities of this or any other state of the United States
or any province of Canada, or to any other coverage the inclusion of
which may be approved by the commissioner or any combination of such
coverages. In the absence of such definition such term shall not
include any coverage provided for such insured pursuant to any
compulsory benefit statute (including any workers' compensation or
employer's liability statute), or benefits provided by union welfare
plans or by employer or employee benefit organizations.
Sec. 7101 RCW 48.20.242 and 1951 c 229 s 25 are each amended to
read as follows:
There may be a provision as follows:
CANCELLATION: The insurer may cancel this policy at any time by
written notice delivered to the insured, or mailed to his or her last
address as shown by the records of the insurer, stating when, not less
than five days thereafter, such cancellation shall be effective; and
after the policy has been continued beyond its original term the
insured may cancel this policy at any time by written notice delivered
or mailed to the insurer, effective upon receipt or on such later date
as may be specified in such notice. In the event of cancellation, the
insurer will return promptly the unearned portion of any premium paid.
If the insured cancels, the earned premium shall be computed by the use
of the short-rate table last filed with the state official having
supervision of insurance in the state where the insured resided when
the policy was issued. If the insurer cancels, the earned premium
shall be computed pro rata. Cancellation shall be without prejudice to
any claim originating prior to the effective date of cancellation.
Sec. 7102 RCW 48.21.060 and 1947 c 79 s .21.06 are each amended
to read as follows:
There shall be a provision that a copy of the application, if any,
of the policyholder shall be attached to the policy when issued; that
all statements made by the policyholder or by the individuals insured
shall in the absence of fraud be deemed representations and not
warranties, and that no statement made by any individual insured shall
be used in any contest unless a copy of the instrument containing the
statement is or has been furnished to such individual or to his or her
beneficiary, if any.
Sec. 7103 RCW 48.21.110 and 1955 c 303 s 17 are each amended to
read as follows:
The benefits payable under any policy or contract of group or
blanket disability insurance shall be payable to the employee or other
insured member of the group or to the beneficiary designated by him or
her, other than the policyholder, employer or the association or any
officer thereof as such, subject to provisions of the policy in the
event there is no designated beneficiary as to all or any part of any
sum payable at the death of the individual insured.
The policy may provide that any hospital, medical, or surgical
benefits thereunder may be made payable jointly to the insured employee
or member and the person furnishing such hospital, medical, or surgical
services.
Sec. 7104 RCW 48.21A.030 and 1965 ex.s. c 70 s 29 are each
amended to read as follows:
Notwithstanding any other provision of this code or any other law
which may be inconsistent herewith, any insurer may join with one or
more other insurers, to plan, develop, underwrite, and offer and
provide to any person who is sixty-five years of age or older and to
the spouse of such person, extended health insurance against financial
loss from accident or disease, or both. Such insurance may be offered,
issued and administered jointly by two or more insurers by a group
policy issued to a policyholder through an association formed for the
purpose of offering, selling, issuing and administering such insurance.
The policyholder may be an association, a trustee, or any other person.
Any such policy may provide, among other things, that the benefits
payable thereunder are subject to reduction if the individual insured
has any other coverage providing hospital, surgical or medical benefits
whether on an indemnity basis or a provision of service basis resulting
in such insured being eligible for more than one hundred percent of
covered expenses which he or she is required to pay, and any insurer
issuing individual policies providing extended hospital, surgical or
medical benefits to persons sixty-five years of age and older and their
spouses may also use such a policy provision. A master group policy
issued to an association or to a trustee or any person appointed by an
association for the purpose of providing the insurances described in
this section shall be another form of group disability insurance.
Any form of policy approved by the commissioner for an association
shall be offered throughout Washington to all persons sixty-five and
older and their spouses, and the coverage of any person insured under
such a form of policy shall not be cancellable except for nonpayment of
premiums unless the coverage of all persons insured under such form of
policy is also canceled.
Sec. 7105 RCW 48.21A.060 and 1965 ex.s. c 70 s 32 are each
amended to read as follows:
The forms of the policies, applications, certificates or other
evidence of insurance coverage and applicable premium rates relating
thereto shall be filed with the commissioner. No such policy,
contract, or other evidence of insurance, application or other form
shall be sold, issued or used and no endorsement shall be attached to
or printed or stamped thereon unless the form thereof shall have been
approved by the commissioner or thirty days shall have expired after
such filing without written notice from the commissioner of disapproval
thereof. The commissioner shall disapprove the forms of such insurance
if he or she finds that they are unjust, unfair, inequitable,
misleading or deceptive or that the rates are by reasonable assumption
excessive in relation to the benefits provided. In determining whether
such rates by reasonable assumptions are excessive in relation to the
benefits provided, the commissioner shall give due consideration to
past and prospective claim experience, within and outside this state,
and to fluctuations in such claim experience, to a reasonable risk
charge, to contribution to surplus and contingency funds, to past and
prospective expenses, both within and outside this state, and to all
other relevant factors within and outside this state including any
differing operating methods of the insurers joining in the issue of the
policy. In exercising the powers conferred upon him or her by this
chapter, the commissioner shall not be bound by any other requirement
of this code with respect to standard provisions to be included in
disability policies or forms.
The commissioner may, after hearing upon written notice, withdraw
an approval previously given, upon such grounds as in his or her
opinion would authorize disapproval upon original submission thereof.
Any such withdrawal of approval after hearing shall be by notice in
writing specifying the ground thereof and shall be effective at the
expiration of such period, not less than ninety days after the giving
of notice of withdrawal, as the commissioner shall in such notice
prescribe.
If and when a program of hospital, surgical and medical benefits is
enacted by the federal government or the state of Washington, the
extended health insurance benefits provided by policies issued under
this chapter shall be adjusted to avoid any duplication of benefits
offered by the federal or state programs and the premium rates
applicable thereto shall be adjusted to conform with the adjusted
benefits.
The association shall submit an annual report to the insurance
commissioner which shall become public information and shall provide
information as to the number of persons insured, the names of the
insurers participating in the association with respect to insurance
offered under this chapter and the calendar year experience applicable
to such insurance offered under this chapter, including premiums
earned, claims paid during the calendar year, the amount of claims
reserve established, administrative expenses, commissions, promotional
expenses, taxes, contingency reserve, other expenses, and profit and
loss for the year. The commissioner shall require the association to
provide any and all information concerning the operations of the
association deemed relevant by him for inclusion in the report.
Sec. 7106 RCW 48.22.030 and 2007 c 80 s 14 are each amended to
read as follows:
(1) "Underinsured motor vehicle" means a motor vehicle with respect
to the ownership, maintenance, or use of which either no bodily injury
or property damage liability bond or insurance policy applies at the
time of an accident, or with respect to which the sum of the limits of
liability under all bodily injury or property damage liability bonds
and insurance policies applicable to a covered person after an accident
is less than the applicable damages which the covered person is legally
entitled to recover.
(2) No new policy or renewal of an existing policy insuring against
loss resulting from liability imposed by law for bodily injury, death,
or property damage, suffered by any person arising out of the
ownership, maintenance, or use of a motor vehicle shall be issued with
respect to any motor vehicle registered or principally garaged in this
state unless coverage is provided therein or supplemental thereto for
the protection of persons insured thereunder who are legally entitled
to recover damages from owners or operators of underinsured motor
vehicles, hit-and-run motor vehicles, and phantom vehicles because of
bodily injury, death, or property damage, resulting therefrom, except
while operating or occupying a motorcycle or motor-driven cycle, and
except while operating or occupying a motor vehicle owned or available
for the regular use by the named insured or any family member, and
which is not insured under the liability coverage of the policy. The
coverage required to be offered under this chapter is not applicable to
general liability policies, commonly known as umbrella policies, or
other policies which apply only as excess to the insurance directly
applicable to the vehicle insured.
(3) Except as to property damage, coverage required under
subsection (2) of this section shall be in the same amount as the
insured's third party liability coverage unless the insured rejects all
or part of the coverage as provided in subsection (4) of this section.
Coverage for property damage need only be issued in conjunction with
coverage for bodily injury or death. Property damage coverage required
under subsection (2) of this section shall mean physical damage to the
insured motor vehicle unless the policy specifically provides coverage
for the contents thereof or other forms of property damage.
(4) A named insured or spouse may reject, in writing, underinsured
coverage for bodily injury or death, or property damage, and the
requirements of subsections (2) and (3) of this section shall not
apply. If a named insured or spouse has rejected underinsured
coverage, such coverage shall not be included in any supplemental or
renewal policy unless a named insured or spouse subsequently requests
such coverage in writing. The requirement of a written rejection under
this subsection shall apply only to the original issuance of policies
issued after July 24, 1983, and not to any renewal or replacement
policy. When a named insured or spouse chooses a property damage
coverage that is less than the insured's third party liability coverage
for property damage, a written rejection is not required.
(5) The limit of liability under the policy coverage may be defined
as the maximum limits of liability for all damages resulting from any
one accident regardless of the number of covered persons, claims made,
or vehicles or premiums shown on the policy, or premiums paid, or
vehicles involved in an accident.
(6) The policy may provide that if an injured person has other
similar insurance available to him or her under other policies, the
total limits of liability of all coverages shall not exceed the higher
of the applicable limits of the respective coverages.
(7)(a) The policy may provide for a deductible of not more than
three hundred dollars for payment for property damage when the damage
is caused by a hit-and-run driver or a phantom vehicle.
(b) In all other cases of underinsured property damage coverage,
the policy may provide for a deductible of not more than one hundred
dollars.
(8) For the purposes of this chapter, a "phantom vehicle" shall
mean a motor vehicle which causes bodily injury, death, or property
damage to an insured and has no physical contact with the insured or
the vehicle which the insured is occupying at the time of the accident
if:
(a) The facts of the accident can be corroborated by competent
evidence other than the testimony of the insured or any person having
an underinsured motorist claim resulting from the accident; and
(b) The accident has been reported to the appropriate law
enforcement agency within seventy-two hours of the accident.
(9) An insurer who elects to write motorcycle or motor-driven cycle
insurance in this state must provide information to prospective
insureds about the coverage.
(10) An insurer who elects to write motorcycle or motor-driven
cycle insurance in this state must provide an opportunity for named
insureds, who have purchased liability coverage for a motorcycle or
motor-driven cycle, to reject underinsured coverage for that motorcycle
or motor-driven cycle in writing.
(11) If the covered person seeking underinsured motorist coverage
under this section was the intended victim of the tort feasor, the
incident must be reported to the appropriate law enforcement agency and
the covered person must cooperate with any related law enforcement
investigation.
(12) The purpose of this section is to protect innocent victims of
motorists of underinsured motor vehicles. Covered persons are entitled
to coverage without regard to whether an incident was intentionally
caused. However, a person is not entitled to coverage if the insurer
can demonstrate that the covered person intended to cause the event for
which a claim is made under the coverage described in this section. As
used in this section, and in the section of policies providing the
underinsured motorist coverage described in this section, "accident"
means an occurrence that is unexpected and unintended from the
standpoint of the covered person.
(13) "Underinsured coverage," for the purposes of this section,
means coverage for "underinsured motor vehicles," as defined in
subsection (1) of this section.
Sec. 7107 RCW 48.23.070 and 1947 c 79 s .23.07 are each amended
to read as follows:
(1) In all policies which provide for participation in the
insurer's surplus, there shall be a provision that the policy shall so
participate annually in the insurer's divisible surplus as apportioned
by the insurer, beginning not later than the end of the third policy
year. Any policy containing provision for annual participation
beginning at the end of the first policy year, may also provide that
each dividend shall be paid subject to the payment of the premiums for
the next ensuing year. The insured under any annual dividend policy
shall have the right each year to have the current dividend arising
from such participation either paid in cash, or applied in accordance
with such other dividend option as may be specified in the policy and
elected by the insured. The policy shall further provide which of the
options shall be effective if the insured shall fail to notify the
insurer in writing of his or her election within the period of grace
allowed for the payment of premium.
(2) This section shall not apply to paid-up nonforfeiture benefits
nor paid-up policies issued on default in payment of premiums.
Sec. 7108 RCW 48.24.120 and 1947 c 79 s 24.12 are each amended to
read as follows:
There shall be a provision that the validity of the policy shall
not be contested, except for nonpayment of premiums, after it has been
in force for two years from its date of issue; and that no statement
made by an individual insured under the policy relating to his or her
insurability shall be used in contesting the validity of the insurance
with respect to which such statement was made after such insurance has
been in force prior to the contest for a period of two years during
such individual's lifetime nor unless it is contained in a written
instrument signed by him.
Sec. 7109 RCW 48.24.130 and 1947 c 79 s .24.13 are each amended
to read as follows:
There shall be a provision that a copy of the application, if any,
of the policyholder shall be attached to the policy when issued and
become a part of the contract; that all statements made by the
policyholder or by the persons insured shall be deemed representations
and not warranties, and that no statement made by any person insured
shall be used in any contest unless a copy of the instrument containing
the statement is or has been furnished to such person or to his or her
beneficiary.
Sec. 7110 RCW 48.24.140 and 1947 c 79 s .24.14 are each amended
to read as follows:
There shall be a provision setting forth the conditions, if any,
under which the insurer reserves the right to require a person eligible
for insurance to furnish evidence of individual insurability
satisfactory to the insurer as a condition to part or all of his or her
coverage.
Sec. 7111 RCW 48.24.170 and 1961 c 194 s 10 are each amended to
read as follows:
There shall be a provision that the insurer will issue to the
policyholder for delivery to each individual insured a certificate
setting forth a statement as to the insurance protection to which he or
she is entitled, to whom the insurance benefits are payable, described
by name, relationship, or reference to the insurance records of the
policyholder or insurer, and the rights and conditions set forth in RCW
48.24.180, 48.24.190 and 48.24.200, following.
Sec. 7112 RCW 48.24.180 and 1955 c 303 s 24 are each amended to
read as follows:
There shall be a provision that if the insurance, or any portion of
it, on an individual covered under the policy, other than a child
insured pursuant to RCW 48.24.030, ceases because of termination of
employment or of membership in the class or classes eligible for
coverage under the policy, such individual shall be entitled to have
issued to him or her by the insurer, without evidence of insurability,
an individual policy of life insurance without disability or other
supplementary benefits, provided application for the individual policy
shall be made, and the first premium paid to the insurer, within
thirty-one days after such termination, and provided further that,
(1) the individual policy shall, at the option of such individual,
be on any one of the forms, except term insurance, then customarily
issued by the insurer at the age and for the amount applied for;
(2) the individual policy shall be in an amount not in any event in
excess of the amount of life insurance which ceases because of such
termination nor less than one thousand dollars unless a smaller amount
of coverage was provided for such individual under the group policy:
PROVIDED, That any amount of insurance which matures on the date of
such termination or has matured prior thereto under the group policy as
an endowment payable to the individual insured, whether in one sum or
in installments or in the form of an annuity, shall not, for the
purposes of this provision, be included in the amount which is
considered to cease because of such termination; and
(3) the premium on the individual policy shall be at the insurer's
then customary rate applicable to the form and amount of the individual
policy, to the class of risk to which such individual then belongs, and
to his or her age attained on the effective date of the individual
policy.
Sec. 7113 RCW 48.24.190 and 1953 c 197 s 13 are each amended to
read as follows:
There shall be a provision that if the group policy terminates or
is amended so as to terminate the insurance of any class of insured
individuals, every individual insured thereunder at the date of such
termination, other than a child insured pursuant to RCW 48.24.030,
whose insurance terminates and who has been so insured for at least
five years prior to such termination date shall be entitled to have
issued to him or her by the insurer an individual policy of life
insurance, subject to the same conditions and limitations as are
provided by RCW 48.24.180, except that the group policy may provide
that the amount of such individual policy shall not exceed the smaller
of (a) the amount of the individual's life insurance protection ceasing
because of the termination or amendment of the group policy, less the
amount of any life insurance for which he or she is or becomes eligible
under any group policy issued or reinstated by the same or another
insurer within thirty-one days of such termination and (b) two thousand
dollars.
Sec. 7114 RCW 48.24.200 and 1947 c 79 s .24.20 are each amended
to read as follows:
There shall be a provision that if a person insured under the group
policy dies during the period within which he or she would have been
entitled to have an individual policy issued to him or her in
accordance with RCW 48.24.180 and 48.24.190, and before such an
individual policy shall have become effective, the amount of life
insurance which he or she would have been entitled to have issued to
him or her under such individual policy shall be payable as a claim
under the group policy, whether or not application for the individual
policy or the payment of the first premium therefor has been made.
Sec. 7115 RCW 48.25.180 and 1947 c 79 s .25.18 are each amended
to read as follows:
There shall be a provision in the case of weekly premium policies
granting, upon proper written request and upon presentation of evidence
of the insurability of the insured satisfactory to the insurer, the
privilege of converting his or her weekly premium industrial insurance
to any form of life insurance with less frequent premium payments
regularly issued by the insurer, in accordance with terms and
conditions agreed upon with the insurer. The privilege of making such
conversion need be granted only if the insurer's weekly premium
industrial policies on the life insured, in force as premium paying
insurance and on which conversion is requested, grant benefits in event
of death, exclusive of additional accidental death benefits and
exclusive of any dividend additions, in an amount not less than the
minimum amount of such insurance with less frequent premium payments
issued by the insurer at the age of the insured on the plan of
industrial or ordinary insurance desired.
Sec. 7116 RCW 48.25.190 and 1947 c 79 s .25.19 are each amended
to read as follows:
There shall be a provision, in the case of monthly premium
industrial policies, granting, upon proper written request and upon
presentation of evidence of the insurability of the insured
satisfactory to the insurer, the privilege of converting his or her
monthly premium industrial insurance to any form of ordinary life
insurance regularly issued by the insurer, in accordance with terms and
conditions agreed upon with the insurer. The privilege of making such
conversions need be granted only if the insurer's monthly premium
industrial policies on the life insured, in force as premium paying
insurance and on which conversion is requested, grant benefits in event
of death, exclusive of additional accidental death benefits and
exclusive of any dividend additions, in an amount not less than the
minimum amount of ordinary insurance issued by the insurer at the age
of the insured on the plan of ordinary insurance desired.
Sec. 7117 RCW 48.28.020 and 1955 c 30 s 1 are each amended to
read as follows:
Any fiduciary required by law to give bonds, may include as part of
his or her lawful expense to be allowed by the court or official by
whom he or she was appointed, the reasonable amount paid as premium for
such bonds to the authorized surety insurer or to the surplus line
surety insurer which issued or guaranteed such bonds.
Sec. 7118 RCW 48.30.020 and 1947 c 79 s .30.02 are each amended
to read as follows:
(1) No person shall either within or outside of this state enter
into any contract, understanding or combination with any other person
to do jointly or severally any act or engage in any practice for the
purpose of
(a) controlling the rates to be charged for insuring any risk or
any class of risks in this state; or
(b) unfairly discriminating against any person in this state by
reason of his or her plan or method of transacting insurance, or by
reason of his or her affiliation or nonaffiliation with any insurance
organization; or
(c) establishing or perpetuating any condition in this state
detrimental to free competition in the business of insurance or
injurious to the insuring public.
(2) This section shall not apply relative to ocean marine and
foreign trade insurances.
(3) This section shall not be deemed to prohibit the doing of
things permitted to be done in accordance with the provisions of
chapter 48.19 RCW of this code.
(4) Whenever the commissioner has knowledge of any violation of
this section he or she shall forthwith order the offending person to
discontinue such practice immediately or show cause to the satisfaction
of the commissioner why such order should not be complied with. If the
offender is an insurer or a licensee under this code and fails to
comply with such order within thirty days after receipt thereof, the
commissioner may forthwith revoke the offender's certificate of
authority or licenses.
Sec. 7119 RCW 48.30.120 and 1947 c 79 s .30.12 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 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. 7120 RCW 48.30.130 and 1947 c 79 s .30.13 are each amended
to read as follows:
A director of an insurer is deemed to have such knowledge of its
affairs as to enable him or her to determine whether any act,
proceeding, or omission of its directors is a violation of any
provision of this chapter. If present at a meeting of directors at
which any act, proceeding, or omission of its directors which is a
violation of any such provision occurs, he or she must be deemed to
have concurred therein unless at the time he or she causes or in
writing requires his or her dissent therefrom to be entered on the
minutes of the directors.
If absent from such meeting, he or she must be deemed to have
concurred in any such violation if the facts constituting such
violation appear on the records or minutes of the proceedings of the
board of directors, and he or she remains a director of the insurer for
six months thereafter without causing or in writing requiring his or
her dissent from such violation to be entered upon such record or
minutes.
Sec. 7121 RCW 48.30.250 and 1949 c 190 s 34 are each amended to
read as follows:
(1) Any insurer may retain, invest in or acquire the whole or any
part of the capital stock of any other insurer or insurers, or have a
common management with any other insurer or insurers, unless such
retention, investment, acquisition or common management is inconsistent
with any other provision of this title, or unless by reason thereof the
business of such insurers with the public is conducted in a manner
which substantially lessens competition generally in the insurance
business or tends to create a monopoly therein.
(2) Any person otherwise qualified may be a director of two or more
insurers which are competitors, unless the effect thereof is to
substantially lessen competition between insurers generally or tends to
create a monopoly.
(3) If the commissioner finds, after a hearing thereon, that there
is violation of this section he or she shall order all such persons and
insurers to cease and desist from such violation within such time, or
extension thereof, as may be specified in such order.
Sec. 7122 RCW 48.31.010 and 1973 1st ex.s. c 107 s 3 are each
amended to read as follows:
(1) Subject to the provisions of RCW 48.08.080, relating to the
mutualization of stock insurers, RCW 48.09.350, relating to the
conversion or reinsurance of mutual insurers, and RCW 48.10.330,
relating to the consolidation or conversion of reciprocal insurers, a
domestic insurer may merge or consolidate with another insurer, subject
to the following conditions:
(a) The plan of merger or consolidation must be submitted to and be
approved by the commissioner in advance of the merger or consolidation.
(b) The commissioner shall not approve any such plan unless, after
a hearing, pursuant to such notice as the commissioner may require, he
or she finds that it is fair, equitable, consistent with law, and that
no reasonable objection exists. If the commissioner fails to approve
the plan, he or she shall state his or her reasons for such failure in
his or her order made on such hearing. The insurers involved in the
merger shall bear the expense of the mailing of the notice of hearing
and of the order on hearing.
(c) No director, officer, member, or subscriber of any such
insurer, except as is expressly provided by the plan of merger or
consolidation, shall receive any fee, commission, other compensation or
valuable consideration whatsoever, for in any manner aiding, promoting
or assisting in the merger or consolidation.
(d) Any merger or consolidation as to an incorporated domestic
insurer shall in other respects be governed by the general laws of this
state relating to business corporations. Except, that as to domestic
mutual insurers, approval by two-thirds of its members who vote thereon
pursuant to such notice and procedure as was approved by the
commissioner shall constitute approval of the merger or consolidation
as respects the insurer's members.
(2) Reinsurance of all or substantially all of the insurance in
force of a domestic insurer by another insurer shall be deemed a
consolidation for the purposes of this section.
Sec. 7123 RCW 48.31.050 and 1947 c 79 s .31.05 are each amended
to read as follows:
The commissioner may apply for an order directing him or her to
liquidate the business of a domestic insurer or of the United States
branch of an alien insurer having trusteed assets in this state,
regardless of whether or not there has been a prior order directing him
or her to rehabilitate such insurer, upon any of the grounds specified
in RCW 48.31.030 or upon any one or more of the following grounds:
That the insurer
(1) Has ceased transacting business for a period of one year; or
(2) Is an insolvent insurer and has commenced voluntary liquidation
or dissolution, or attempts to commence or prosecute any action or
proceeding to liquidate its business or affairs, or to dissolve its
corporate charter, or to procure the appointment of a receiver,
trustee, custodian, or sequestrator under any law except this code; or
(3) Has not organized or completed its organization and obtained a
certificate of authority as an insurer prior to the expiration or
revocation of its solicitation permit.
Sec. 7124 RCW 48.31.060 and 1947 c 79 s .31.06 are each amended
to read as follows:
(1) An order to liquidate the business of a domestic insurer shall
direct the commissioner forthwith to take possession of the property of
the insurer, to liquidate its business, to deal with the insurer's
property and business in his or her own name as commissioner or in the
name of the insurer as the court may direct, to give notice to all
creditors who may have claims against the insurer to present such
claims.
(2) The commissioner may apply under this chapter for an order
dissolving the corporate existence of a domestic insurer:
(a) Upon his or her application for an order of liquidation of such
insurer, or at any time after such order has been granted; or
(b) Upon the grounds specified in item (3) of RCW 48.31.050,
regardless of whether an order of liquidation is sought or has been
obtained.
Sec. 7125 RCW 48.31.080 and 1947 c 79 s .31.08 are each amended
to read as follows:
The commissioner may apply for an order directing him or her to
conserve the assets within this state of a foreign insurer upon any one
or more of the following grounds:
(1) Upon any of the grounds specified in items (1) to (9) inclusive
of RCW 48.31.030 and in item (2) of RCW 48.31.050.
(2) That its property has been sequestrated in its domiciliary
sovereignty or in any other sovereignty.
Sec. 7126 RCW 48.31.090 and 1947 c 79 s .31.09 are each amended
to read as follows:
The commissioner may apply for an order directing him or her to
conserve the assets within this state of an alien insurer upon any one
or more of the following grounds:
(1) Upon any of the grounds specified in items (1) to (9) inclusive
of RCW 48.31.030 and in item (2) of RCW 48.31.050; or
(2) That the insurer has failed to comply, within the time
designated by the commissioner, with an order of the commissioner
pursuant to law to make good an impairment of its trusteed funds; or
(3) That the property of the insurer has been sequestrated in its
domiciliary sovereignty or elsewhere.
Sec. 7127 RCW 48.31.190 and 1993 c 462 s 82 are each amended to
read as follows:
(1) Proceedings under this chapter involving a domestic insurer
shall be commenced in the superior court for the county in which is
located the insurer's home office or, at the election of the
commissioner, in the superior court for Thurston county. Proceedings
under this chapter involving other insurers shall be commenced in the
superior court for Thurston county.
(2) The commissioner shall commence any such proceeding, the
attorney general representing him or her, by an application to the
court or to any judge thereof, for an order directing the insurer to
show cause why the commissioner should not have the relief prayed for.
(3) Upon a showing of an emergency or threat of imminent loss to
policyholders of the insurer the court may issue an ex parte order
authorizing the commissioner immediately to take over the premises and
assets of the insurer, the commissioner then to preserve the status
quo, pending a hearing on the order to show cause, which shall be heard
as soon as the court calendar permits in preference to other civil
cases.
(4) In response to any order to show cause issued under this
chapter the insurer shall have the burden of going forward with and
producing evidence to show why the relief prayed for by the
commissioner is not required.
(5) On the return of such order to show cause, and after a full
hearing, the court shall either deny the relief sought in the
application or grant the relief sought in the application together with
such other relief as the nature of the case and the interest of
policyholders, creditors, stockholders, members, subscribers, or the
public may require.
(6) No appellate review of a superior court order, entered after a
hearing, granting the commissioner's petition to rehabilitate an
insurer or to carry out an insolvency proceeding under this chapter,
shall stay the action of the commissioner in the discharge of his
responsibilities under this chapter, pending a decision by the
appellate court in the matter.
(7) In any proceeding under this chapter the commissioner and his
or her deputies shall be responsible on their official bonds for the
faithful performance of their duties. If the court deems it desirable
for the protection of the assets, it may at any time require an
additional bond from the commissioner or his or her deputies.
Sec. 7128 RCW 48.31.210 and 1947 c 79 s .31.21 are each amended
to read as follows:
At any time after the commencement of a proceeding under this
chapter the commissioner may apply to the court for an order changing
the venue of, and removing the proceeding to Thurston county, or to any
other county of this state in which he or she deems that such
proceeding may be most economically and efficiently conducted.
Sec. 7129 RCW 48.31.220 and 1947 c 79 s .31.22 are each amended
to read as follows:
The moneys collected by the commissioner in a proceeding under this
chapter, shall be, from time to time, deposited in one or more state or
national banks, savings banks, or trust companies, and in the case of
the insolvency or voluntary or involuntary liquidation of any such
depositary which is an institution organized and supervised under the
laws of this state, such deposits shall be entitled to priority of
payment on an equality with any other priority given by the banking law
of this state. The commissioner may in his or her discretion deposit
such moneys or any part thereof in a national bank or trust company as
a trust fund.
Sec. 7130 RCW 48.31.230 and 1947 c 79 s .31.23 are each amended
to read as follows:
The commissioner shall not be required to pay any fee to any public
officer in this state for filing, recording, issuing a transcript or
certificate, or authenticating any paper or instrument pertaining to
the exercise by the commissioner of any of the powers or duties
conferred upon him or her under this chapter, whether or not such paper
or instrument be executed by the commissioner or his or her deputies,
employees, or attorneys of record and whether or not it is connected
with the commencement of an action or proceeding by or against the
commissioner, or with the subsequent conduct of such action or
proceeding.
Sec. 7131 RCW 48.31.240 and 1947 c 79 s .31.24 are each amended
to read as follows:
For the purpose of facilitating the rehabilitation, liquidation,
conservation or dissolution of an insurer pursuant to this chapter the
commissioner may, subject to the approval of the court, borrow money
and execute, acknowledge and deliver notes or other evidences of
indebtedness therefor and secure the repayment of the same by the
mortgage, pledge, assignment, transfer in trust, or hypothecation of
any or all of the property whether real, personal or mixed of such
insurer, and the commissioner, subject to the approval of the court,
shall have power to take any and all other action necessary and proper
to consummate any such loans and to provide for the repayment thereof.
The commissioner shall be under no obligation personally or in his or
her official capacity as commissioner to repay any loan made pursuant
to this section.
Sec. 7132 RCW 48.31.270 and 1947 c 79 s .31.27 are each amended
to read as follows:
(1) Any transfer of, or lien upon, the property of an insurer which
is made or created within four months prior to the granting of an order
to show cause under this chapter with the intent of giving to any
creditor or of enabling him or her to obtain a greater percentage of
his or her debt than any other creditor of the same class and which is
accepted by such creditor having reasonable cause to believe that such
a preference will occur, shall be voidable.
(2) Every director, officer, employee, stockholder, member,
subscriber, and any other person acting on behalf of such insurer who
shall be concerned in any such act or deed and every person receiving
thereby any property of such insurer or the benefit thereof shall be
personally liable therefor and shall be bound to account to the
commissioner.
(3) The commissioner as liquidator, rehabilitator or conservator in
any proceeding under this chapter, may avoid any transfer of, or lien
upon the property of an insurer which any creditor, stockholder,
subscriber or member of such insurer might have avoided and may recover
the property so transferred unless such person was a bona fide holder
for value prior to the date of the granting of an order to show cause
under this chapter. Such property or its value may be recovered from
anyone who has received it except a bona fide holder for value as above
specified.
Sec. 7133 RCW 48.31.290 and 1947 c 79 s .31.29 are each amended
to read as follows:
(1) In all cases of mutual debts or mutual credits between the
insurer and another person in connection with any action or proceeding
under this chapter, such credits and debts shall be set off and the
balance only shall be allowed or paid, except as provided in subsection
(2) of this section.
(2) No offset shall be allowed in favor of any such person where
(a) the obligation of the insurer to such person would not at the date
of the entry of any liquidation order, or otherwise, as provided in RCW
48.31.260, entitle him or her to share as a claimant in the assets of
the insurer, or (b) the obligation of the insurer to such person was
purchased by or transferred to such person with a view of its being
used as an offset, or (c) the obligation of such person is to pay an
assessment levied against the members of a mutual insurer, or against
the subscribers of a reciprocal insurer, or is to pay a balance upon a
subscription to the capital stock of a stock insurer.
Sec. 7134 RCW 48.31.310 and 1947 c 79 s .31.31 are each amended
to read as follows:
(1) If upon the granting of an order of liquidation under this
chapter or at any time thereafter during the liquidation proceeding,
the insurer shall not be clearly solvent, the court shall after such
notice and hearing as it deems proper, make an order declaring the
insurer to be insolvent. Thereupon, regardless of any prior notice
which may have been given to creditors, the commissioner shall notify
all persons who may have claims against such insurer and who have not
filed proper proofs thereof, to present the same to him or her, at a
place specified in such notice, within four months from the date of the
entry of such order, or if the commissioner shall certify that it is
necessary, within such longer time as the court shall prescribe. The
last day for the filing of proofs of claim shall be specified in the
notice. Such notice shall be given in a manner determined by the
court.
(2) Proofs of claim may be filed subsequent to the date specified,
but no such claim shall share in the distribution of the assets until
all allowed claims, proofs of which have been filed before said date,
have been paid in full with interest.
Sec. 7135 RCW 48.31.340 and 1947 c 79 s .31.34 are each amended
to read as follows:
After levy of assessment as provided in RCW 48.31.330, upon the
filing of a further detailed report by the commissioner, the court
shall issue an order directing each member (if a mutual insurer) or
each subscriber (if a reciprocal insurer) if he or she shall not pay
the amount assessed against him or her to the commissioner on or before
a day to be specified in the order, to show cause why he or she should
not be held liable to pay such assessment together with costs as set
forth in RCW 48.31.360 and why the commissioner should not have
judgment therefor.
Sec. 7136 RCW 48.31.350 and 1947 c 79 s .31.35 are each amended
to read as follows:
The commissioner shall cause a notice of such assessment order
setting forth a brief summary of the contents of such order to be:
(1) Published in such manner as shall be directed by the court; and
(2) Enclosed in a sealed envelope, addressed and mailed postage
prepaid to each member or subscriber liable thereunder at his or her
last known address as it appears on the records of the insurer, at
least twenty days before the return day of the order to show cause
provided for in RCW 48.31.340.
Sec. 7137 RCW 48.31.360 and 1947 c 79 s .31.36 are each amended
to read as follows:
(1) On the return day of the order to show cause provided for in
RCW 48.31.340 if the member or subscriber does not appear and serve
verified objections upon the commissioner, the court shall make an
order adjudging that such member or subscriber is liable for the amount
of the assessment against him or her together with ten dollars costs,
and that the commissioner may have judgment against the member or
subscriber therefor.
(2) If on such return day the member or subscriber shall appear and
serve verified objections upon the commissioner there shall be a full
hearing before the court or a referee to hear and determine, who, after
such hearing, shall make an order either negativing the liability of
the member or subscriber to pay the assessment or affirming his or her
liability to pay the whole or some part thereof together with twenty-five dollars costs and the necessary disbursements incurred at such
hearing, and directing that the commissioner in the latter case may
have judgment therefor.
(3) A judgment upon any such order shall have the same force and
effect, and may be entered and docketed, and may be appealed from as if
it were a judgment in an original action brought in the court in which
the proceeding is pending.
Sec. 7138 RCW 48.32.080 and 1975-'76 2nd ex.s. c 109 s 7 are each
amended to read as follows:
(1) The commissioner shall:
(a) Notify the association promptly whenever he or she or any of
his or her examiners has, or comes into, possession of any data or
information relative to any insurer under his or her jurisdiction for
any purpose indicating that such insurer is in or is approaching a
condition of impaired assets, imminent insolvency, or insolvency.
(b) Furnish to the association copies of all preliminary and final
audits, investigations, memorandums, opinions, and reports relative to
any insurer under his or her jurisdiction for any purpose, promptly
upon the preparation of any thereof.
(c) Notify the association of the existence of an insolvent insurer
not later than three days after he receives notice of the determination
of the insolvency. The association shall be entitled to a copy of any
complaint seeking an order of liquidation with a finding of insolvency
against a member insurer at the same time such complaint is filed with
a court of competent jurisdiction.
(d) Upon request of the board of directors, provide the association
with a statement of the net direct written premiums of each member
insurer.
(2) The commissioner may:
(a) Require that the association notify the insureds of the
insolvent insurer and any other interested parties of the determination
of insolvency and of their rights under this chapter. Such
notification shall be by mail at their last known address, where
available, but if sufficient information for notification by mail is
not available, notice by publication or in a newspaper of general
circulation shall be sufficient.
(b) Suspend or revoke, after notice and hearing, the certificate of
authority to transact insurance in this state of any member insurer
which fails to pay an assessment when due or fails to comply with the
plan of operation. As an alternative, the commissioner may levy a fine
on any member insurer which fails to pay an assessment when due. Such
fine shall not exceed five percent of the unpaid assessment per month,
except that no fine shall be less than one hundred dollars per month.
(c) Revoke the designation of any servicing facility if he or she
finds claims are being handled unsatisfactorily.
(3) Whenever the commissioner or any of his or her examiners comes
into possession of or obtains any data or information indicating that
any insurer under his or her jurisdiction for any purpose is in or is
approaching a condition of impaired assets, imminent insolvency, or
insolvency, he or she shall within fifteen days of having such data or
information commence investigation and/or take formal action relative
to any such insurer, and in addition within said time shall notify the
association of such condition. Upon failure of the commissioner so to
act, the association is hereby authorized and directed to act and
commence appropriate investigation or proceedings or may at its option
refer the matter to the attorney general for appropriate action
relative to which the attorney general shall keep the association
advised throughout any such action or proceedings.
(4) Any final action or order of the commissioner under this
chapter shall be subject to judicial review in a court of competent
jurisdiction.
Sec. 7139 RCW 48.32.090 and 1971 ex.s. c 265 s 9 are each amended
to read as follows:
(1) Any person recovering under this chapter shall be deemed to
have assigned his or her rights under the policy to the association to
the extent of his or her recovery from the association. Every insured
or claimant seeking the protection of this chapter shall cooperate with
the association to the same extent as such person would have been
required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent
insurer for any sums it has paid out.
(2) The receiver, liquidator, or statutory successor of an
insolvent insurer shall be bound by settlements of covered claims by
the association or a similar organization in another state. The court
having jurisdiction shall grant such claims priority equal to that
which the claimant would have been entitled in the absence of this
chapter against the assets of the insolvent insurer. The expenses of
the association or similar organization in handling claims shall be
accorded the same priority as the liquidator's expenses.
(3) The association shall periodically file with the receiver or
liquidator of the insolvent insurer statements of the covered claims
paid by the association and estimates of anticipated claims on the
association which shall preserve the right of the association against
the assets of the insolvent insurer.
Sec. 7140 RCW 48.32.110 and 1971 ex.s. c 265 s 11 are each
amended to read as follows:
To aid in the detection and prevention of insurer insolvencies:
(1) It shall be the duty of the board of directors, upon majority
vote, to notify the commissioner of any information indicating any
member insurer may be insolvent or in a financial condition hazardous
to the policyholders or the public.
(2) The board of directors may, upon majority vote, request that
the commissioner order an examination of any member insurer which the
board in good faith believes may be in a financial condition hazardous
to the policyholders or the public. Within thirty days of the receipt
of such request, the commissioner shall begin such examination. The
examination may be conducted as a National Association of Insurance
Commissioners examination or may be conducted by such persons as the
commissioner designates. The cost of such examination shall be paid by
the association and the examination report shall be treated as are
other examination reports. In no event shall such examination report
be released to the board of directors prior to its release to the
public, but this shall not preclude the commissioner from complying
with subsection (3) of this section. The commissioner shall notify the
board of directors when the examination is completed. The request for
an examination shall be kept on file by the commissioner but it shall
not be open to public inspection prior to the release of the
examination report to the public.
(3) It shall be the duty of the commissioner to report to the board
of directors when he or she has reasonable cause to believe that any
member insurer examined or being examined at the request of the board
of directors may be insolvent or in a financial condition hazardous to
the policyholders or the public.
(4) The board of directors may, upon majority vote, make reports
and recommendations to the commissioner upon any matter germane to the
solvency, liquidation, rehabilitation or conservation of any member
insurer. Such reports and recommendations shall not be considered
public documents.
(5) The board of directors may, upon majority vote, make
recommendations to the commissioner for the detection and prevention of
insurer insolvencies.
(6) The board of directors shall, at the conclusion of any insurer
insolvency in which the association was obligated to pay covered
claims, prepare a report on the history and causes of such insolvency,
based on the information available to the association, and submit such
report to the commissioner.
Sec. 7141 RCW 48.32.150 and 1971 ex.s. c 265 s 15 are each
amended to read as follows:
There shall be no liability on the part of and no cause of action
of any nature shall arise against any member insurer, the association
or its agents or employees, the board of directors, or the commissioner
or his or her representatives for any action taken by them in the
performance of their powers and duties under this chapter.
Sec. 7142 RCW 48.32.170 and 1971 ex.s. c 265 s 17 are each
amended to read as follows:
(1) The commissioner shall by order terminate the operation of the
Washington insurers insolvency pool as to any kind of insurance
afforded by property or casualty insurance policies with respect to
which he or she has found, after hearing, that there is in effect a
statutory or voluntary plan which:
(a) Is a permanent plan which is adequately funded or for which
adequate funding is provided; and
(b) Extends, or will extend to state policyholders and residents
protection and benefits with respect to insolvent insurers not
substantially less favorable and effective to such policyholders and
residents than the protection and benefits provided with respect to
such kind of insurance under this chapter.
(2) The commissioner shall by the same such order authorize
discontinuance of future payments by insurers to the Washington
insurers insolvency pool with respect to the same kinds of insurance:
PROVIDED, That assessments and payments shall continue, as necessary,
to liquidate covered claims of insurers adjudged insolvent prior to
said order and the related expenses not covered by such other plan.
(3) In the event the operation of any account of the Washington
insurers insolvency pool shall be so terminated as to all kinds of
insurance otherwise within its scope, the pool as soon as possible
thereafter shall distribute the balance of the moneys and assets
remaining in said account (after discharge of the functions of the pool
with respect to prior insurer insolvencies not covered by such other
plan, together with related expenses) to the insurers which are then
writing in this state policies of the kinds of insurance covered by
such account, and which had made payments into such account, pro rata
upon the basis of the aggregate of such payments made by the respective
insurers to such account during the period of five years next preceding
the date of such order. Upon completion of such distribution with
respect to all of the accounts specified in RCW 48.32.060, this chapter
shall be deemed to have expired.
Sec. 7143 RCW 48.34.100 and 1969 ex.s. c 241 s 15 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 RCW 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 rules or regulations.
Sec. 7144 RCW 48.34.120 and 1961 c 219 s 12 are each amended to
read as follows:
When the credit life insurance or credit accident and health
insurance is required in connection with any credit transaction, the
debtor shall, upon request to the creditor, have the option of
furnishing the required amount of insurance through existing policies
of insurance owned or controlled by him or her or of procuring and
furnishing the required coverage through any insurer authorized to
transact an insurance business within this state.
Sec. 7145 RCW 48.44.040 and 1947 c 268 s 4 are each amended to
read as follows:
Every health care service contractor who or which enters into
agreements which require prepayment for health care services shall
register with the insurance commissioner on forms to be prescribed and
provided by him or her. Such registrants shall state their name,
address, type of organization, area of operation, type or types of
health care services provided, and such other information as may
reasonably be required by the insurance commissioner and shall file
with such registration a copy of all contracts being offered and a
schedule of all rates charged. No registrant shall change any rates,
modify any contract, or offer any new contract, until he or she has
filed a copy of the changed rate schedule, modified contract, or new
contract with the insurance commissioner. The insurance commissioner
shall charge a fee of ten dollars for the filing of each original
registration statement and may require each registrant to file a
current reregistration statement annually thereafter.
Sec. 7146 RCW 48.44.090 and 1961 c 197 s 6 are each amended to
read as follows:
The insurance commissioner shall refuse to accept the registration
of any corporation, cooperative group, or association seeking to act as
a health care service contractor if, in his or her discretion, the
insurance commissioner deems that the name of the corporation,
cooperative group, or association would be confused with the name of an
existing registered health care service contractor or authorized
insurance company.
Sec. 7147 RCW 48.44.145 and 1986 c 296 s 8 are each amended to
read as follows:
(1) The commissioner may make an examination of the operations of
any health care service contractor as often as he or she deems
necessary in order to carry out the purposes of this chapter.
(2) Every health care service contractor shall submit its books and
records relating to its operation for financial condition and market
conduct examinations and in every way facilitate them. For the purpose
of examinations, the commissioner may issue subpoenas, administer
oaths, and examine the officers and principals of the health care
service contractor.
(3) The commissioner may elect to accept and rely on audit reports
made by an independent certified public accountant for the health care
service contractor in the course of that part of the commissioner's
examination covering the same general subject matter as the audit. The
commissioner may incorporate the audit report in his or her report of
the examination.
(4) Whenever any health care service contractor applies for initial
admission, the commissioner may make, or cause to be made, an
examination of the applicant's business and affairs. Whenever such an
examination is made, all of the provisions of chapter 48.03 RCW not
inconsistent with this chapter shall be applicable. In lieu of making
an examination himself or herself the commissioner may, in the case of
a foreign health care service contractor, accept an examination report
of the applicant by the regulatory official in its state of domicile.
Sec. 7148 RCW 48.44.160 and 1988 c 248 s 19 are each amended to
read as follows:
The insurance commissioner may, subject to a hearing if one is
demanded pursuant to chapters 48.04 and 34.05 RCW, revoke, suspend, or
refuse to accept or renew registration from any health care service
contractor, or he or she may issue a cease and desist order, or bring
an action in any court of competent jurisdiction to enjoin a health
care service contractor from doing further business in this state, if
such health care service contractor:
(1) Fails to comply with any provision of chapter 48.44 RCW or any
proper order or regulation of the commissioner.
(2) Is found by the commissioner to be in such financial condition
that its further transaction of business in this state would jeopardize
the payment of claims and refunds to subscribers.
(3) Has refused to remove or discharge a director or officer who
has been convicted of any crime involving fraud, dishonesty, or like
moral turpitude, after written request by the commissioner for such
removal, and expiration of a reasonable time therefor as specified in
such request.
(4) Usually compels claimants under contracts either to accept less
than the amount due them or to bring suit against it to secure full
payment of the amount due.
(5) Is affiliated with and under the same general management, or
interlocking directorate, or ownership as another health care
contractor which operates in this state without having registered
therefor, except as is permitted by this chapter.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination or to
produce its accounts, records, and files for examination by the
commissioner when required, or refuse to perform any legal obligation
relative to the examination.
(7) Fails to pay any final judgment rendered against it in this
state upon any contract, bond, recognizance, or undertaking issued or
guaranteed by it, within thirty days after the judgment became final or
within thirty days after time for taking an appeal has expired, or
within thirty days after dismissal of an appeal before final
determination, whichever date is the later.
(8) Is found by the commissioner, after investigation or upon
receipt of reliable information, to be managed by persons, whether by
its directors, officers, or by any other means, who are incompetent or
untrustworthy or so lacking in health care contracting or related
managerial experience as to make the operation hazardous to the
subscribing public; or that there is good reason to believe it is
affiliated directly or indirectly through ownership, control, or other
business relations, with any person or persons whose business
operations are or have been marked, to the detriment of policyholders
or stockholders, or investors or creditors or subscribers or of the
public, by bad faith or by manipulation of assets, or of accounts, or
of reinsurance.
Sec. 7149 RCW 48.44.170 and 1961 c 197 s 14 are each amended to
read as follows:
For the purposes of this chapter, the insurance commissioner shall
be subject to and may avail himself or herself of the provisions of
chapter 48.04 RCW, which relate to hearings and appeals.
Sec. 7150 RCW 48.46.040 and 1990 c 119 s 3 are each amended to
read as follows:
The commissioner shall issue a certificate of registration to the
applicant within sixty days of such filing unless he or she notifies
the applicant within such time that such application is not complete
and the reasons therefor; or that he or she is not satisfied that:
(1) The basic organizational document of the applicant permits the
applicant to conduct business as a health maintenance organization;
(2) The organization has demonstrated the intent and ability to
assure that comprehensive health care services will be provided in a
manner to assure both their availability and accessibility;
(3) The organization is financially responsible and may be
reasonably expected to meet its obligations to its enrolled
participants. In making this determination, the commissioner shall
consider among other relevant factors:
(a) Any agreements with an insurer, a medical or hospital service
bureau, a government agency or any other organization paying or
insuring payment for health care services;
(b) Any agreements with providers for the provision of health care
services;
(c) Any arrangements for liability and malpractice insurance
coverage; and
(d) Adequate procedures to be implemented to meet the protection
against insolvency requirements in RCW 48.46.245.
(4) The procedures for offering health care services and offering
or terminating contracts with enrolled participants are reasonable and
equitable in comparison with prevailing health insurance subscription
practices and health maintenance organization enrollment procedures;
and, that
(5) Procedures have been established to:
(a) Monitor the quality of care provided by such organization,
including, as a minimum, procedures for internal peer review;
(b) Resolve complaints and grievances initiated by enrolled
participants in accordance with RCW 48.46.010 and 48.46.100;
(c) Offer enrolled participants an opportunity to participate in
matters of policy and operation in accordance with RCW 48.46.020(7) and
48.46.070.
No person to whom a certificate of registration has not been
issued, except a health maintenance organization certified by the
secretary of the department of health and human services, pursuant to
Public Law 93-222 or its successor, shall use the words "health
maintenance organization" or the initials "HMO" in its name, contracts,
or literature. Persons who are contracting with, operating in
association with, recruiting enrolled participants for, or otherwise
authorized by a health maintenance organization possessing a
certificate of registration to act on its behalf may use the terms
"health maintenance organization" or "HMO" for the limited purpose of
denoting or explaining their relationship to such health maintenance
organization.
The department of health, at the request of the insurance
commissioner, shall inspect and review the facilities of every
applicant health maintenance organization to determine that such
facilities are reasonably adequate to provide the health care services
offered in their contracts. If the commissioner has information to
indicate that such facilities fail to continue to be adequate to
provide the health care services offered, the department of health,
upon request of the insurance commissioner, shall reinspect and review
the facilities and report to the insurance commissioner as to their
adequacy or inadequacy.
Sec. 7151 RCW 48.46.110 and 1983 c 202 s 11 are each amended to
read as follows:
(1) No health maintenance organization may refer to itself in its
name or advertising with any of the words: "insurance", "casualty",
"surety", "mutual", or any other words descriptive of the insurance,
casualty, or surety business, or deceptively similar to the name or
description of any insurance or surety corporation or health care
service contractor or other health maintenance organization doing
business in this state.
(2) No health maintenance organization, nor any health care
facility or provider with which such organization has contracted to
provide health care services, shall discriminate against any person
from whom or on whose behalf, payment to meet the required charge is
available, with regard to enrollment, disenrollment, or the provision
of health care services, on the basis of such person's race, color,
sex, religion, place of residence if there is reasonable access to the
facility of the health maintenance organization, socioeconomic status,
or status as a recipient of medicare under Title XVIII of the Social
Security Act, 42 U.S.C. section 1396, et seq.
(3) Where a health maintenance organization determines that an
enrolled participant has received health care services to which such
enrolled participant is not entitled under the terms of his or her
health maintenance agreement, neither such organization, nor any health
care facility or provider with which such organization has contracted
to provide health care services, shall have recourse against such
enrolled participant for any amount above the actual cost of providing
such service, if any, specified in such agreement, unless the enrolled
participant or a member of his or her family has given or withheld
information to the health maintenance organization, the effect of which
is to mislead or misinform the health maintenance organization as to
the enrolled participant's right to receive such services.
Sec. 7152 RCW 48.46.120 and 2007 c 468 s 2 are each amended to
read as follows:
(1) The commissioner may make an examination of the operations of
any health maintenance organization as often as he or she deems
necessary in order to carry out the purposes of this chapter.
(2) Every health maintenance organization shall submit its books
and records relating its operation for financial condition and market
conduct examinations and in every way facilitate them. The quality or
appropriateness of medical services or systems shall not be examined
except to the extent that such items are incidental to an examination
of the financial condition or the market conduct of a health
maintenance organization. For the purpose of examinations, the
commissioner may issue subpoenas, administer oaths, and examine the
officers and principals of the health maintenance organization and the
principals of such providers concerning their business.
(3) The commissioner may elect to accept and rely on audit reports
made by an independent certified public accountant for the health
maintenance organization in the course of that part of the
commissioner's examination covering the same general subject matter as
the audit. The commissioner may incorporate the audit report in his or
her report of the examination.
Sec. 7153 RCW 48.46.200 and 1975 1st ex.s. c 290 s 21 are each
amended to read as follows:
The commissioner may, in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW, promulgate rules and
regulations as necessary or proper to carry out the provisions of this
chapter. Nothing in this chapter shall be construed to prohibit the
commissioner from requiring changes in procedures previously approved
by him or her.
Sec. 7154 RCW 48.46.240 and 1990 c 119 s 6 are each amended to
read as follows:
(1) Each health maintenance organization obtaining a certificate of
registration from the commissioner shall provide and maintain a funded
reserve of one hundred fifty thousand dollars. The funded reserve
shall be deposited with the commissioner or with any
organization/trustee acceptable to him or her in the form of cash,
securities eligible for investment by the health maintenance
organization pursuant to chapter 48.13 RCW, approved surety bond or any
combination of these, and must equal or exceed one hundred fifty
thousand dollars. The funded reserve shall be established as an
assurance that the uncovered expenditure obligations of the health
maintenance organization to the enrolled participants will be
performed.
(2) All income from reserves on deposit with the commissioner shall
belong to the depositing health maintenance organization and shall be
paid to it as it becomes available.
(3) Any funded reserve required by this section shall be considered
an asset of the health maintenance organization in determining the
organization's net worth.
(4) A health maintenance organization that has made a securities
deposit with the commissioner may, at its option, withdraw the
securities deposit or any part of the deposit after first having
deposited or provided in lieu thereof an approved surety bond, a
deposit of cash or securities, or any combination of these or other
deposits of equal amount and value to that withdrawn. Any securities
and surety bond shall be subject to approval by the commissioner before
being substituted.
Sec. 7155 RCW 48.56.040 and 1969 ex.s. c 190 s 4 are each amended
to read as follows:
(1) Upon the filing of an application and the payment of the
license fee the commissioner shall make an investigation of each
applicant and shall issue a license if the applicant is qualified in
accordance with this chapter. If the commissioner does not so find, he
or she shall, within thirty days after he or she has received such
application, at the request of the applicant, give the applicant a full
hearing.
(2) The commissioner shall issue or renew a license as may be
applied for when he or she is satisfied that the person to be
licensed --
(a) is competent and trustworthy and intends to act in good faith
in the capacity involved by the license applied for,
(b) has a good business reputation and has had experience,
training, or education so as to be qualified in the business for which
the license is applied for, and
(c) if a corporation, is a corporation incorporated under the laws
of the state or a foreign corporation authorized to transact business
in the state.
Sec. 7156 RCW 48.56.050 and 1969 ex.s. c 190 s 5 are each amended
to read as follows:
(1) The commissioner may revoke or suspend the license of any
premium finance company when and if after investigation it appears to
the commissioner that --
(a) any license issued to such company was obtained by fraud,
(b) there was any misrepresentation in the application for the
license,
(c) the holder of such license has otherwise shown himself or
herself untrustworthy or incompetent to act as a premium finance
company, or
(d) such company has violated any of the provisions of this
chapter.
(2) Before the commissioner shall revoke, suspend, or refuse to
renew the license of any premium finance company, he or she shall give
to such person an opportunity to be fully heard and to introduce
evidence in his or her behalf. In lieu of revoking or suspending the
license for any of the causes enumerated in this section, after hearing
as herein provided, the commissioner may subject such company to a
penalty of not more than two hundred dollars for each offense when in
his or her judgment he or she finds that the public interest would not
be harmed by the continued operation of such company. The amount of
any such penalty shall be paid by such company through the office of
the commissioner to the state treasurer. At any hearing provided by
this section, the commissioner shall have authority to administer oaths
to witnesses. Anyone testifying falsely, after having been
administered such oath, shall be subject to the penalty of perjury.
(3) If the commissioner refuses to issue or renew any license or if
any applicant or licensee is aggrieved by any action of the
commissioner, said applicant or licensee shall have the right to a
hearing and court proceeding as provided by statute.
Sec. 7157 RCW 48.56.060 and 1969 ex.s. c 190 s 6 are each amended
to read as follows:
(1) Every licensee shall maintain records of its premium finance
transactions and the said records shall be open to examination and
investigation by the commissioner. The commissioner may at any time
require any licensee to bring such records as he or she may direct to
the commissioner's office for examination.
(2) Every licensee shall preserve its records of such premium
finance transactions, including cards used in a card system, for at
least three years after making the final entry in respect to any
premium finance agreement. The preservation of records in photographic
form shall constitute compliance with this requirement.
Sec. 7158 RCW 48.56.110 and 1969 ex.s. c 190 s 11 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 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. 7159 RCW 48.99.020 and 1947 c 79 s .31.12 are each amended
to read as follows:
(1) Whenever under the laws of this state a receiver is to be
appointed in delinquency proceedings for an insurer domiciled in this
state, the court shall appoint the commissioner as such receiver. The
court shall direct the commissioner forthwith to take possession of the
assets of the insurer and to administer the same under the orders of
the court.
(2) As domiciliary receiver the commissioner shall be vested by
operation of law with the title to all of the property, contracts, and
rights of action, and all of the books and records of the insurer
wherever located, as of the date of entry of the order directing him or
her to rehabilitate or liquidate a domestic insurer, or to liquidate
the United States branch of an alien insurer domiciled in this state,
and he or she shall have the right to recover the same and reduce the
same to possession; except that ancillary receivers in reciprocal
states shall have, as to assets located in their respective states, the
rights and powers which are hereinafter prescribed for ancillary
receivers appointed in this state as to assets located in this state.
(3) The filing or recording of the order directing possession to be
taken, or a certified copy thereof, in the office where instruments
affecting title to property are required to be filed or recorded shall
impart the same notice as would be imparted by a deed, bill of sale, or
other evidence of title duly filed or recorded.
(4) The commissioner as domiciliary receiver shall be responsible
on his or her official bond for the proper administration of all assets
coming into his or her possession or control. The court may at any
time require an additional bond from ((him)) the commissioner or his or
her deputies if deemed desirable for the protection of the assets.
(5) Upon taking possession of the assets of an insurer the
domiciliary receiver shall, subject to the direction of the court,
immediately proceed to conduct the business of the insurer or to take
such steps as are authorized by the laws of this state for the purpose
of liquidating, rehabilitating, reorganizing, or conserving the affairs
of the insurer.
(6) In connection with delinquency proceedings the commissioner may
appoint one or more special deputy commissioners to act for him or her,
and may employ such counsel, clerks, and assistants as he or she deems
necessary. The compensation of the special deputies, counsel, clerks,
or assistants and all expenses of taking possession of the insurer and
of conducting the proceedings shall be fixed by the receiver, subject
to the approval of the court, and shall be paid out of the funds or
assets of the insurer. Within the limits of the duties imposed upon
them special deputies shall possess all the powers given to, and, in
the exercise of those powers, shall be subject to all of the duties
imposed upon the receiver with respect to such proceedings.
Sec. 7160 RCW 48.99.050 and 1947 c 79 s .31.15 are each amended
to read as follows:
(1) In a delinquency proceeding in a reciprocal state against an
insurer domiciled in that state, claimants against such insurer, who
reside within this state may file claims either with the ancillary
receiver, if any, appointed in this state, or with the domiciliary
receiver. All such claims must be filed on or before the last date
fixed for the filing of claims in the domiciliary delinquency
proceeding.
(2) Controverted claims belonging to claimants residing in this
state may either (a) be proved in the domiciliary state as provided by
the law of that state, or (b), if ancillary proceedings have been
commenced in this state, be proved in those proceedings. In the event
that any such claimant elects to prove his or her claim in this state,
he or she shall file his or her claim with the ancillary receiver in
the manner provided by the law of this state for the proving of claims
against insurers domiciled in this state, and he or she shall give
notice in writing to the receiver in the domiciliary state, either by
registered mail or by personal service at least forty days prior to the
date set for hearing. The notice shall contain a concise statement of
the amount of the claim, the facts on which the claim is based, and the
priorities asserted, if any. If the domiciliary receiver, within
thirty days after the giving of such notice, shall give notice in
writing to the ancillary receiver and to the claimant, either by
registered mail or by personal service, of his or her intention to
contest such claim, he or she shall be entitled to appear or to be
represented in any proceeding in this state involving the adjudication
of the claim. The final allowance of the claim by the courts of this
state shall be accepted as conclusive as to its amount, and shall also
be accepted as conclusive as to its priority, if any, against special
deposits or other security located within this state.
Sec. 7161 RCW 48.99.060 and 1993 c 462 s 79 are each amended to
read as follows:
(1) In a delinquency proceeding against an insurer domiciled in
this state, claims owing to residents of ancillary states shall be
preferred claims if like claims are preferred under the laws of this
state. All such claims whether owing to residents or nonresidents
shall be given equal priority of payment from general assets regardless
of where such assets are located.
(2) In a delinquency proceeding against an insurer domiciled in a
reciprocal state, claims owing to residents of this state shall be
preferred if like claims are preferred by the laws of that state.
(3) The owners of special deposit claims against an insurer for
which a receiver is appointed in this or any other state shall be given
priority against their several special deposits in accordance with the
provisions of the statutes governing the creation and maintenance of
such deposits. If there is a deficiency in any such deposit so that
the claims secured thereby are not fully discharged therefrom, the
claimants may share in the general assets, but such sharing shall be
deferred until general creditors, and also claimants against other
special deposits who have received smaller percentages from their
respective special deposits, have been paid percentages of their claims
equal to the percentage paid from the special deposit.
(4) The owner of a secured claim against an insurer for which a
receiver has been appointed in this or any other state may surrender
his or her security and file his or her claim as a general creditor, or
the claim may be discharged by resort to the security, in which case
the deficiency, if any, shall be treated as a claim against the general
assets of the insurer on the same basis as claims of unsecured
creditors. If the amount of the deficiency has been adjudicated in
ancillary proceedings as provided in this chapter, or if it has been
adjudicated by a court of competent jurisdiction in proceedings in
which the domiciliary receiver has had notice and opportunity to be
heard, such amount shall be conclusive; otherwise the amount shall be
determined in the delinquency proceeding in the domiciliary state.
NEW SECTION. Sec. 8001 The following acts or parts of acts are
each repealed:
(1) RCW 35.18.005 (Definition -- "Councilman.") and 1981 c 213 s 1;
and
(2) RCW 35A.01.080 ("Councilman" defined) and 1981 c 213 s 2.
NEW SECTION. Sec. 8002 Part headings used in this act are not
any part of the law.