BILL REQ. #: Z-0192.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/12/11. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to making technical corrections to gender-based terms; amending RCW 1.08.007, 1.08.016, 1.08.026, 1.08.028, 1.08.033, 1.08.037, 1.20.010, 2.04.010, 2.04.031, 2.04.150, 2.06.050, 2.06.090, 2.08.080, 2.08.115, 2.08.140, 2.08.150, 2.08.170, 2.08.190, 2.08.200, 2.08.220, 2.08.240, 2.10.070, 2.10.090, 2.10.110, 2.10.120, 2.10.130, 2.10.140, 2.10.220, 2.12.010, 2.12.012, 2.12.015, 2.12.020, 2.12.035, 2.12.037, 2.12.040, 2.12.060, 2.12.100, 2.24.020, 2.28.030, 2.28.060, 2.28.090, 2.28.100, 2.28.120, 2.28.160, 2.32.050, 2.32.090, 2.32.110, 2.32.130, 2.32.140, 2.32.160, 2.32.200, 2.32.210, 2.32.220, 2.32.240, 2.32.260, 2.40.030, 2.44.010, 2.44.020, 2.44.030, 2.44.040, 2.44.050, 2.44.060, 2.48.080, 2.48.090, 2.48.150, 2.48.160, 2.48.170, 2.48.220, 2.50.070, 2.50.080, 2.56.070, 3.20.100, 3.30.090, 3.58.010, 4.08.150, 4.08.160, 4.08.170, 4.08.180, 4.12.030, 4.12.070, 4.14.020, 4.16.070, 4.16.080, 4.16.180, 4.16.200, 4.16.240, 4.16.250, 4.16.350, 4.20.010, 4.20.020, 4.20.050, 4.22.050, 4.24.060, 4.24.080, 4.24.115, 4.24.220, 4.28.100, 4.28.110, 4.28.140, 4.28.185, 4.28.200, 4.28.210, 4.28.325, 4.32.150, 4.36.080, 4.36.130, 4.36.140, 4.36.210, 4.56.060, 4.56.120, 4.60.010, 4.60.020, 4.60.060, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060, 4.72.020, 4.84.040, 4.84.050, 4.84.060, 4.84.090, 4.84.110, 4.84.120, 4.84.140, 4.84.150, 4.84.160, 4.84.220, 4.84.240, 4.84.330, 5.28.020, 5.28.030, 5.28.040, 5.28.050, 5.40.020, 5.40.040, 5.48.060, 5.52.010, 5.52.020, 5.56.010, 5.56.050, 5.56.060, 5.56.090, 6.23.040, 6.23.110, 6.25.030, 6.25.040, 6.32.030, 6.32.040, 6.32.050, 6.32.060, 6.32.070, 6.32.080, 6.32.090, 6.32.110, 6.32.140, 6.32.160, 6.32.170, 6.32.180, 6.32.190, 6.32.200, 6.36.160, 7.06.050, 7.16.180, 7.16.210, 7.16.260, 7.16.310, 7.25.020, 7.28.010, 7.28.110, 7.28.120, 7.28.130, 7.28.140, 7.28.150, 7.28.160, 7.28.180, 7.28.210, 7.28.230, 7.28.240, 7.28.250, 7.28.260, 7.28.270, 7.28.280, 7.36.010, 7.36.030, 7.36.050, 7.36.060, 7.36.070, 7.36.080, 7.36.090, 7.36.100, 7.36.190, 7.40.020, 7.40.090, 7.40.100, 7.40.110, 7.40.120, 7.40.130, 7.40.150, 7.40.160, 7.40.170, 7.42.020, 7.42.060, 7.44.010, 7.44.020, 7.44.021, 7.44.030, 7.44.031, 7.48.030, 7.48.040, 7.48.058, 7.48.076, 7.48.078, 7.48.085, 7.48.100, 7.48.110, 7.48.210, 7.48.230, 7.48.270, 7.52.030, 7.52.060, 7.52.120, 7.52.160, 7.52.180, 7.52.190, 7.52.200, 7.52.290, 7.52.390, 7.52.410, 7.52.430, 7.52.440, 7.52.450, 7.52.460, 7.52.470, 7.56.010, 7.56.020, 7.56.040, 7.56.060, 7.56.070, 7.56.090, 7.56.100, 7.56.130, 7.56.140, 7.56.150, 7.68.035, 7.68.050, 7.68.200, 7.68.240, 7.70.030, 7.70.040, 7.70.050, 8.04.090, 8.04.094, 8.04.140, 8.04.150, 8.04.170, 8.08.060, 8.08.080, 8.12.120, 8.12.200, 8.12.260, 8.12.270, 8.12.360, 8.12.370, 8.12.380, 8.12.430, 8.12.440, 8.12.450, 8.12.490, 8.12.500, 8.16.020, 8.16.060, 8.16.110, 8.16.130, 8.16.150, 8.20.010, 8.20.110, 8.20.120, 8.26.020, 8.26.085, 8.26.180, 8.26.190, 8.28.010, 9.01.110, 9.03.020, 9.03.040, 9.04.080, 9.16.060, 9.16.100, 9.16.110, 9.16.120, 9.16.130, 9.16.140, 9.18.080, 9.38.010, 9.44.080, 9.45.060, 9.45.080, 9.45.090, 9.45.100, 9.46.050, 9.46.130, 9.46.200, 9.46.250, 9.47.100, 9.47A.040, 9.51.020, 9.51.040, 9.51.050, 9.51.060, 9.54.130, 9.55.020, 9.61.190, 9.61.200, 9.61.240, 9.62.020, 9.68.070, 9.68.080, 9.68.090, 9.68.110, 9.68.130, 9.73.010, 9.73.060, 9.73.090, 9.73.130, 9.73.140, 9.81.090, 9.91.010, 9.92.062, 9.92.080, 9.92.110, 9.92.120, 9.94A.010, 9.94A.880, 9.95.003, 9.95.007, 9.95.030, 9.95.063, 9.95.200, 9.95.330, 9.96.010, 9.96.020, 9.96.030, 9.98.010, 9.100.070, 9A.04.050, 9A.04.070, 9A.04.100, 9A.04.110, 9A.08.020, 9A.08.030, 9A.12.010, 9A.16.050, 9A.16.090, 9A.28.030, 9A.32.060, 9A.32.070, 9A.36.031, 9A.36.060, 9A.36.070, 9A.36.090, 9A.40.010, 9A.40.020, 9A.40.040, 9A.48.030, 9A.48.040, 9A.48.050, 9A.52.010, 9A.52.030, 9A.52.060, 9A.52.070, 9A.52.080, 9A.52.090, 9A.52.095, 9A.52.100, 9A.56.120, 9A.56.180, 9A.56.190, 9A.56.210, 9A.60.010, 9A.60.020, 9A.60.030, 9A.60.050, 9A.64.010, 9A.68.010, 9A.68.020, 9A.68.030, 9A.68.040, 9A.68.050, 9A.72.020, 9A.72.040, 9A.72.060, 9A.72.080, 9A.72.130, 9A.72.140, 9A.72.150, 9A.76.030, 9A.76.040, 9A.76.050, 9A.76.090, 9A.76.100, 9A.76.130, 9A.76.140, 9A.76.150, 9A.76.160, 9A.76.180, 9A.80.010, 9A.83.040, 9A.84.020, 9A.84.040, 9A.88.060, 9A.88.080, 9A.88.090, 15.66.150, 15.80.420, 15.115.270, 16.04.020, 16.24.120, 16.24.180, 16.50.110, 16.50.120, 16.50.130, 16.52.110, 16.54.020, 16.60.020, 16.60.050, 16.60.060, 16.60.075, 16.60.080, 16.60.085, 16.60.090, 16.65.130, 16.65.330, 16.65.410, 16.67.090, 16.67.160, 16.68.010, 16.68.030, 16.68.080, 16.68.100, 16.68.110, 16.68.130, 16.68.140, 16.70.030, 17.04.070, 17.04.150, 17.04.190, 17.04.200, 17.04.210, 17.04.230, 17.04.280, 17.06.040, 17.06.050, 17.06.060, 17.10.280, 17.10.290, 17.12.060, 17.12.080, 17.21.170, 17.24.210, 17.28.030, 17.28.070, 17.28.090, 17.28.120, 17.28.130, 17.28.250, 17.28.258, 17.28.310, 17.28.430, 17.34.040, 17.34.050, 17.34.060, 18.27.080, 18.27.100, 18.28.210, 18.32.020, 18.32.735, 18.34.010, 18.43.010, 18.43.030, 18.43.070, 18.43.120, 18.44.500, 18.44.901, 18.51.060, 18.51.200, 18.52.040, 18.54.030, 18.54.040, 18.54.050, 18.59.120, 18.64.001, 18.64.050, 18.64.255, 18.71.011, 18.71.220, 18.74.125, 18.92.115, 18.92.150, 18.96.040, 18.100.070, 18.100.140, 18.106.030, 18.106.080, 18.106.130, 18.106.140, 19.09.230, 19.16.140, 19.16.150, 19.16.160, 19.16.170, 19.16.180, 19.16.190, 19.16.200, 19.16.210, 19.16.220, 19.16.230, 19.16.245, 19.16.260, 19.16.270, 19.16.280, 19.16.290, 19.16.300, 19.16.340, 19.16.430, 19.16.470, 19.28.311, 19.29.010, 19.31.020, 19.31.080, 19.31.090, 19.31.170, 19.31.180, 19.31.190, 19.31.210, 19.31.220, 19.31.240, 19.36.010, 19.48.070, 19.52.010, 19.64.010, 19.64.020, 19.68.030, 19.72.070, 19.72.090, 19.72.101, 19.72.130, 19.72.160, 19.77.030, 19.77.130, 19.83.020, 19.83.040, 19.84.030, 19.86.100, 19.86.110, 19.100.050, 19.100.120, 19.100.130, 19.100.160, 19.100.180, 19.100.190, 19.100.230, 19.100.250, 19.105.490, 19.120.090, 20.01.010, 20.01.020, 20.01.030, 20.01.100, 20.01.110, 20.01.120, 20.01.150, 20.01.170, 20.01.180, 20.01.190, 20.01.212, 20.01.240, 20.01.250, 20.01.260, 20.01.280, 20.01.310, 20.01.330, 20.01.340, 20.01.350, 20.01.390, 20.01.440, 20.01.510, 20.01.520, 20.01.530, 20.01.540, 20.01.550, 21.20.005, 21.20.050, 21.20.520, 21.30.090, 22.09.011, 22.09.020, 22.09.040, 22.09.045, 22.09.050, 22.09.055, 22.09.090, 22.09.100, 22.09.110, 22.09.130, 22.09.140, 22.09.150, 22.09.160, 22.09.170, 22.09.175, 22.09.180, 22.09.190, 22.09.230, 22.09.240, 22.09.250, 22.09.260, 22.09.290, 22.09.300, 22.09.320, 22.09.340, 22.09.345, 22.09.350, 22.09.361, 22.09.371, 22.09.381, 22.09.391, 22.09.416, 22.09.436, 22.09.441, 22.09.446, 22.09.451, 22.09.466, 22.09.471, 22.09.570, 22.09.580, 22.09.590, 22.09.600, 22.09.610, 22.09.615, 22.09.620, 22.09.660, 22.09.780, 22.09.790, 22.09.800, 22.09.810, 22.09.820, 22.09.860, 22.28.020, 22.28.040, 22.32.020, 22.32.030, 23.86.085, 24.03.105, 24.03.115, 24.03.230, 24.03.350, 24.03.415, 24.06.025, 24.06.055, 24.06.070, 24.06.080, 24.06.085, 24.06.130, 24.06.135, 24.06.145, 24.06.160, 24.06.470, 24.06.475, 24.12.010, 24.12.030, 24.28.040, 24.34.010, 24.34.020, 24.36.160, 24.36.170, 24.36.260, 24.36.270, 24.36.290, 24.36.440, 24.36.460, 25.12.060, 26.04.100, 26.04.150, 26.04.190, 26.04.220, 26.04.240, 26.04.250, 26.09.140, 26.09.270, 26.12.040, 26.26.134, 26.28.030, 26.28.040, 26.28.050, 26.28.070, 26.30.020, 26.40.080, 27.12.080, 27.12.160, 27.12.180, 27.12.210, 27.12.240, 27.18.030, 27.24.020, 27.40.034, 28A.320.430, 28B.10.310, 28B.10.510, 28B.10.520, 28B.10.528, 28B.10.567, 28B.10.844, 28B.14D.090, 28B.14G.080, 28B.20.105, 28B.20.110, 28B.20.328, 28B.20.456, 28B.30.125, 28B.30.130, 28B.30.135, 28B.30.325, 28B.31.090, 28B.35.105, 28B.35.110, 28B.35.120, 28B.35.230, 28B.35.310, 28B.35.730, 28B.40.105, 28B.40.110, 28B.40.120, 28B.40.195, 28B.40.230, 28B.40.310, 28B.50.060, 28B.50.100, 28B.50.350, 28B.50.856, 28B.50.860, 28B.50.863, 30.04.140, 30.04.300, 30.08.150, 30.22.040, 30.22.150, 30.49.050, 31.20.050, 32.12.120, 32.16.010, 32.16.012, 32.16.130, 32.32.025, 32.32.045, 33.16.020, 33.16.050, 33.16.090, 33.20.010, 33.20.040, 34.05.010, 34.12.060, 34.12.140, 37.12.021, 37.16.180, 38.24.050, 38.32.030, 38.38.328, 38.38.548, 38.38.552, 38.38.556, 38.38.580, 38.38.628, 38.38.632, 38.38.648, 38.38.664, 38.38.668, 38.38.676, 38.38.680, 38.38.692, 38.38.696, 38.38.704, 38.38.724, 38.38.732, 38.38.740, 38.38.764, 38.38.880, 38.52.040, 38.52.140, 38.52.180, 38.52.190, 38.52.195, 38.52.200, 38.52.220, 38.52.230, 38.52.260, 38.52.350, 38.52.380, 38.52.400, 38.52.920, 39.04.080, 39.04.120, 39.08.065, 39.34.150, 39.40.030, 39.44.102, 39.44.110, 39.44.120, 39.56.030, 39.62.020, 39.64.080, 39.72.020, 39.84.100, 39.88.020, 40.10.010, 40.14.030, 40.14.040, 40.14.110, 40.14.130, 40.14.140, 60.60.010, 62A.2-705, 62A.2A-526, 62A.7-102, 62A.7-201, 62A.7-202, 62A.7-204, 62A.7-205, 62A.7-206, 62A.7-207, 62A.7-209, 62A.7-210, 62A.7-401, 62A.7-403, 69.25.150, 69.41.030, 69.43.135, 69.50.302, and 70.74.300; and reenacting and amending RCW 19.16.250.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 1.08.007 and 2005 c 409 s 3 are each amended to read
as follows:
The committee shall from time to time elect a ((chairman)) chair
from among its members and adopt rules to govern its procedures. Four
members of the committee shall constitute a quorum for the transaction
of any business but no proceeding of the committee shall be valid
unless carried by the vote of a majority of the members present. The
code reviser or a member of his or her staff shall act as secretary of
the committee.
Sec. 2 RCW 1.08.016 and 1953 c 257 s 5 are each amended to read
as follows:
The committee may at any time by order correct any section or
portion of the code in any of the respects enumerated in RCW 1.08.015.
Orders shall be numbered consecutively and signed by the committee
((chairman)) chair and each order shall be followed by an explanatory
note reciting the reason therefor.
Unless otherwise prescribed in the orders, each shall become
effective ninety days after:
(1) Signing of the order; and
(2) Filing a summary thereof with the board of governors of the
state bar association; and
(3) The filing thereof with the secretary of state.
Sec. 3 RCW 1.08.026 and 1959 c 95 s 4 are each amended to read as
follows:
The committee also shall examine the revised code and from time to
time submit to the legislature proposals for enactment of the several
titles, chapters and sections thereof, to the end that, as
expeditiously as possible, the revised code, and each part thereof,
shall constitute conclusive, rather than prima facie evidence of the
law. Each such proposal shall be accompanied by explanatory matter.
The committee may hold hearings concerning any such proposal or
concerning recommendations formulated or to be formulated in accordance
with RCW 1.08.025. Proposals or recommendations approved by the
committee shall be submitted to the ((chairman)) chair of the house or
senate judiciary committee at the commencement of the next succeeding
session of the legislature.
Sec. 4 RCW 1.08.028 and 1955 c 235 s 4 are each amended to read
as follows:
Neither the reviser nor any member of his or her staff shall be
required to furnish any written opinion as to the validity or
constitutionality of any proposed legislation, which he or she may be
requested to draft or prepare, nor shall any member of the committee be
required to pass upon the constitutionality of any matter submitted to
it for consideration.
Sec. 5 RCW 1.08.033 and 1955 c 235 s 5 are each amended to read
as follows:
The department of public institutions shall provide suitable office
and storage space and facilities for the reviser and his or her staff
at Olympia, at a location convenient to the legislature and to the
state law library.
Sec. 6 RCW 1.08.037 and 1955 c 235 s 6 are each amended to read
as follows:
The committee shall from time to time formulate specifications
relative to the format, size and style of type, paper stock, number of
volumes, method and quality of binding, contents, indexing, and general
scope and character of footnotes, and annotations, if any, for any
publication for general use of the revised code and supplements
thereto. No such publication or the contents thereof, other than such
temporary edition as may expressly be authorized by the legislature,
shall be received as evidence of the laws of this state unless it
complies with such specifications of the committee as are current at
the time of publication, including compliance with the section
numbering adopted by the reviser under supervision of the statute law
committee. If a publication complies with such specifications, the
committee shall furnish a certificate of such compliance, executed on
behalf of the committee by its ((chairman)) chair, to the publisher,
and the certificate shall be reproduced at the beginning of each such
volume or supplement.
Upon request of any publisher in good faith interested in
publishing said code, the committee shall furnish a copy of its current
specifications and shall not during the process of any bona fide
publication of said code or supplements modify any such specifications,
if such modification would result in added expense or material
inconvenience to the publisher, without written concurrence therein by
such publisher.
Sec. 7 RCW 1.20.010 and 1967 ex.s. c 65 s 2 are each amended to
read as follows:
The official flag of the state of Washington shall be of dark green
silk or bunting and shall bear in its center a reproduction of the seal
of the state of Washington embroidered, printed, painted or stamped
thereon. The edges of the flag may, or may not, be fringed. If a
fringe is used the same shall be of gold or yellow color of the same
shade as the seal. The dimensions of the flag may vary.
The secretary of state is authorized to provide the state flag to
units of the armed forces, without charge therefor, as in his or her
discretion he or she deems entitled thereto. The secretary of state is
further authorized to sell the state flag to any citizen at a price to
be determined by the secretary of state.
Sec. 8 RCW 2.04.010 and 1890 p 322 s 6 are each amended to read
as follows:
The supreme court shall have original jurisdiction in habeas corpus
and quo warranto and mandamus as to all state officers, and appellate
jurisdiction in all actions and proceedings excepting that its
appellate jurisdiction shall not extend to civil actions at law for the
recovery of money or personal property when the original amount in
controversy or the value of the property does not exceed the sum of two
hundred dollars, unless the action involves the legality of a tax,
impost, assessment, toll, municipal fine, or the validity of a statute.
The supreme court shall also have power to issue writs of mandamus,
review, prohibition, habeas corpus, certiorari, and all other writs
necessary and proper to the complete exercise of its appellate and
revisory jurisdiction. Each of the judges shall have power to issue
writs of habeas corpus to any part of the state, upon petition by or on
behalf of any person held in actual custody, and may make such writs
returnable before himself or herself, or before the supreme court, or
before any superior court of the state, or any judge thereof.
Sec. 9 RCW 2.04.031 and 1973 c 106 s 1 are each amended to read
as follows:
If proper rooms in which to hold the court, and for the
accommodation of the officers thereof, are not provided by the state,
together with attendants, furniture, fuel, lights, record books and
stationery, suitable and sufficient for the transaction of business,
the court, or any three justices thereof, may direct the clerk of the
supreme court to provide the same; and the expense thereof, certified
by any three justices to be correct, shall be paid out of the state
treasury out of any funds therein not otherwise appropriated. Such
moneys shall be subject to the order of the clerk of the supreme court,
and be by him or her disbursed on proper vouchers, and accounted for by
him or her in annual settlements with the governor.
Sec. 10 RCW 2.04.150 and 1909 c 24 s 4 are each amended to read
as follows:
The chief justice shall from time to time apportion the business to
the departments, and may, in his or her discretion, before a decision
is pronounced, order any cause pending before the court to be heard and
determined by the court en banc. When a cause has been allotted to one
of the departments and a decision pronounced therein, the chief
justice, together with any two associate judges, may order such cause
to be heard and decided by the court en banc. Any four judges may,
either before or after decision by a department, order a cause to be
heard en banc.
Sec. 11 RCW 2.06.050 and 1969 ex.s. c 221 s 5 are each amended to
read as follows:
A judge of the court shall be:
(1) Admitted to the practice of law in the courts of this state not
less than five years prior to taking office.
(2) A resident for not less than one year at the time of
appointment or initial election in the district for which his or her
position was created.
Sec. 12 RCW 2.06.090 and 1969 ex.s. c 221 s 9 are each amended to
read as follows:
No judge, while in office, shall engage in the practice of law. No
judge shall run for elective office other than a judicial office during
the term for which he or she was elected.
Sec. 13 RCW 2.08.080 and 1971 c 81 s 5 are each amended to read
as follows:
Every judge of a superior court shall, before entering upon the
duties of his or her office, take and subscribe an oath that he or she
will support the Constitution of the United States and the Constitution
of the state of Washington, and will faithfully and impartially
discharge the duties of judge to the best of his or her ability, which
oath shall be filed in the office of the secretary of state. Such oath
or affirmation to be in form substantially the same as prescribed for
justices of the supreme court.
Sec. 14 RCW 2.08.115 and 1975-'76 2nd ex.s. c 34 s 1 are each
amended to read as follows:
Whenever a judge of the superior court shall serve a district
comprising more than one county, such judge shall be reimbursed for
travel expenses in connection with business of the court in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended
for travel from his or her residence to the other county or counties in
his or her district and return.
Sec. 15 RCW 2.08.140 and 1893 c 43 s 1 are each amended to read
as follows:
Whenever a judge of the superior court of any county in this state,
or a majority of such judges in any county in which there is more than
one judge of said court, shall request the governor of the state to
direct a judge of the superior court of any other county to hold a
session of the superior court of any such county as is first herein
above mentioned, the governor shall thereupon request and direct a
judge of the superior court of some other county, making such selection
as the governor shall deem to be most consistent with the state of
judicial business in other counties, to hold a session of the superior
court in the county the judge shall have requested the governor as
aforesaid. Such request and direction by the governor shall be made in
writing, and shall specify the county in which he or she directs the
superior judge to whom the same is addressed to hold such session of
the superior court, and the period during which he or she is to hold
such session. Thereupon it shall be the duty of the superior judge so
requested, and he or she is hereby empowered to hold a session of the
superior court of the county specified by the governor, at the seat of
judicial business thereof, during the period specified by the governor,
and in such quarters as the county commissioners of said county may
provide for the holding of such session.
Sec. 16 RCW 2.08.150 and 1893 c 43 s 2 are each amended to read
as follows:
Whenever a like request shall be addressed by the judge, or by a
majority of the judges (if there be more than one) of the superior
court of any county to the superior judge of any other county, he or
she is hereby empowered, if he or she deem it consistent with the state
of judicial business in the county or counties whereof he or she is a
superior judge (and in such case it shall be his or her duty to comply
with such request), to hold a session of the superior court of the
county the judge or judges whereof shall have made such request, at the
seat of judicial business of such county, in such quarters as shall be
provided for such session by the board of county commissioners, and
during such period as shall have been specified in the request, or such
shorter period as he or she may deem necessary by the state of judicial
business in the county or counties whereof he or she is a superior
judge.
Sec. 17 RCW 2.08.170 and 1981 c 186 s 3 are each amended to read
as follows:
Any judge of the superior court of any county in this state who
shall hold a session of the superior court of any other county, in
pursuance of the provisions of RCW 2.08.140 through 2.08.170 shall be
entitled to receive from the county in which he or she shall hold such
sessions reimbursement for subsistence, lodging, and travel expenses in
accordance with the rates applicable to state officers under RCW
43.03.050 and 43.03.060 as now or hereafter amended. The county clerk
of such county shall, upon the presentation to him or her by such judge
of a statement of such expenses, verified by his or her affidavit,
issue to such judge a certificate that he or she is entitled to the
amount thereof; and upon presentation of such certificate to the
auditor of such county he or she shall draw a warrant on the current
expense fund of such county for the amount in favor of such judge.
Sec. 18 RCW 2.08.190 and 1901 c 57 s 1 are each amended to read
as follows:
Any judge of the superior court of the state of Washington shall
have power, in any county within his or her district: (1) To sign all
necessary orders and papers in probate matters pending in any other
county in his or her district; (2) to issue restraining orders, and to
sign the necessary orders of continuance in actions or proceedings
pending in any other county in his or her district; (3) to decide and
rule upon all motions, demurrers, issues of fact, or other matters that
may have been submitted to him or her in any other county. All such
rulings and decisions shall be in writing and shall be filed
immediately with the clerk of the proper county: PROVIDED, That
nothing herein contained shall authorize the judge to hear any matter
outside of the county wherein the cause or proceeding is pending,
except by consent of the parties.
Sec. 19 RCW 2.08.200 and 1901 c 57 s 2 are each amended to read
as follows:
Any judge of the superior court of the state of Washington who
shall have heard any cause, either upon motion, demurrer, issue of
fact, or other matter in any county out of his or her district, may
decide, rule upon, and determine the same in any county in this state,
which decision, ruling, and determination shall be in writing and shall
be filed immediately with the clerk of the county where such cause is
pending.
Sec. 20 RCW 2.08.220 and 1891 c 45 s 5 are each amended to read
as follows:
Unless otherwise provided by statute, all process issuing out of
the court shall be directed to the sheriff of the county in which it is
to be served, and be by him or her executed according to law.
Sec. 21 RCW 2.08.240 and 1890 p 344 s 12 are each amended to read
as follows:
Every case submitted to a judge of a superior court for his or her
decision shall be decided by him or her within ninety days from the
submission thereof: PROVIDED, That if within said period of ninety
days a rehearing shall have been ordered, then the period within which
he or she is to decide shall commence at the time the cause is
submitted upon such rehearing, and upon ((wilful)) willful failure of
any such judge so to do, he or she shall be deemed to have forfeited
his or her office.
Sec. 22 RCW 2.10.070 and 1971 ex.s. c 267 s 7 are each amended to
read as follows:
The retirement board shall perform the following duties:
(1) Keep in convenient form such data as shall be deemed necessary
for actuarial evaluation purposes;
(2) As of July 1st of every even-numbered year have an actuarial
evaluation made as to the mortality and service experience of the
beneficiaries under this chapter and the various accounts created for
the purpose of showing the financial status of the retirement fund;
(3) Adopt for the retirement system the mortality tables and such
other tables as shall be deemed necessary;
(4) Keep a record of its proceedings, which shall be open to
inspection by the public;
(5) Serve without compensation but shall be reimbursed for expense
incident to service as individual members thereof;
(6) From time to time adopt such rules and regulations not
inconsistent with this chapter for the administration of this chapter
and for the transaction of the business of the board.
No member of the board shall be liable for the negligence, default,
or failure of any employee or of any member of the board to perform the
duties of his or her office and no member of the board shall be
considered or held to be an insurer of the funds or assets of the
retirement system, but shall be liable only for his or her own personal
default or individual failure to perform his or her duties as such
member and to exercise reasonable diligence in providing for
safeguarding of the funds and assets of the system.
Sec. 23 RCW 2.10.090 and 1971 ex.s. c 267 s 9 are each amended to
read as follows:
The total liability, as determined by the actuary, of this system
shall be funded as follows:
(1) Every judge shall have deducted from his or her monthly salary
an amount equal to seven and one-half percent of said salary.
(2) The state as employer shall contribute an equal amount on a
quarterly basis.
(3) The state shall in addition guarantee the solvency of said fund
and the legislature shall make biennial appropriations from the general
fund of amounts sufficient to guarantee the making of retirement
payments as herein provided for if the money in the judicial retirement
fund shall become insufficient for that purpose, but such biennial
appropriation may be conditioned that sums appropriated may not be
expended unless the money in the judicial retirement fund shall become
insufficient to meet the retirement payments.
Sec. 24 RCW 2.10.110 and 1971 ex.s. c 267 s 11 are each amended
to read as follows:
A member upon retirement for service shall receive a monthly
retirement allowance computed according to his or her completed years
of service, as follows: Ten years, but less than fifteen years, three
percent of his or her final average salary for each year of service;
fifteen years and over, three and one-half percent of his or her final
average salary for each year of service: PROVIDED, That in no case
shall any retired member receive more than seventy-five percent of his
or her final salary except as increased as a result of the cost of
living increases as provided by this chapter.
Sec. 25 RCW 2.10.120 and 1982 c 18 s 1 are each amended to read
as follows:
(1) Any judge who has served as a judge for a period of ten or more
years, and who shall believe he or she has become physically or
otherwise permanently incapacitated for the full and efficient
performance of the duties of his or her office, may file with the
retirement board an application in writing, asking for retirement.
Upon receipt of such application the retirement board shall appoint one
or more physicians of skill and repute, duly licensed to practice their
professions in the state of Washington, who shall, within fifteen days
thereafter, for such compensation as may be fixed by the board, to be
paid out of the fund herein created, examine said judge and report in
writing to the board their findings in the matter. If the physicians
appointed by the board find the judge to be so disabled and the
retirement board concurs in this finding the judge shall be retired.
(2) The retirement for disability of a judge, who has served as a
judge for a period of ten or more years, by the supreme court under
Article IV, section 31 of the Constitution of the state of Washington
(House Joint Resolution No. 37, approved by the voters November 4,
1980), with the concurrence of the retirement board, shall be
considered a retirement under subsection (1) of this section.
Sec. 26 RCW 2.10.130 and 1971 ex.s. c 267 s 13 are each amended
to read as follows:
Upon a judge being retired for disability as provided in RCW
2.10.120, he or she shall receive from the fund an amount equal to one-half of his or her final average salary.
Sec. 27 RCW 2.10.140 and 1988 c 109 s 7 are each amended to read
as follows:
(1) A surviving spouse of any judge holding such office, or if he
or she dies after having retired and who, at the time of his or her
death, has served ten or more years in the aggregate, shall receive a
monthly allowance equal to fifty percent of the retirement allowance
the retired judge was receiving, or fifty percent of the retirement
allowance the active judge would have received had he or she been
retired on the date of his or her death, but in no event less than
twenty-five percent of the final average salary that the deceased judge
was receiving: PROVIDED, That said surviving spouse had been married
to the judge for a minimum of two years at time of death.
(2) A judge holding office on July 1, 1988, may make an irrevocable
choice to relinquish the survivor benefits provided by this section in
exchange for the survivor benefits provided by RCW 2.10.144 and
2.10.146 by indicating the choice in a written declaration submitted to
the department of retirement systems by December 31, 1988.
(3) The surviving spouse of any judge who died in office after
January 1, 1986, but before July 1, 1988, may elect to receive the
survivor benefit provided in RCW 2.10.144(1).
Sec. 28 RCW 2.10.220 and 1980 c 7 s 1 are each amended to read as
follows:
(1) Any member of the Washington public employees' retirement
system who is eligible to participate in the judicial retirement system
may, by written request filed with the retirement boards of the two
systems respectively, transfer such membership to the judicial
retirement system. Upon the receipt of such request, the board of the
Washington public employees' retirement system shall transfer to the
board of the Washington judicial retirement system (a) all employee's
contributions and interest thereon belonging to such member in the
employees' savings fund and all employer's contributions credited or
attributed to such member in the benefit account fund and (b) a record
of service credited to such member. One-half of such service shall be
computed and not more than nine years shall be credited to such member
as though such service was performed as a member of the judicial
retirement system. Upon such transfer being made the state treasurer
shall deposit such moneys in the judicial retirement fund. In the
event that any such member should terminate judicial service prior to
his or her entitlement to retirement benefits under any of the
provisions of this chapter, he or she shall upon request therefor be
repaid from the judicial retirement fund an amount equal to the amount
of his or her employee's contributions to the Washington public
employees' retirement system and interest plus interest thereon from
the date of the transfer of such moneys.
(2) Any member of the judicial retirement system who was formerly
a member of the Washington public employees' retirement system with
membership service credit of not less than six years but who has
terminated his or her membership therein under the provisions of
chapter 41.40 RCW, may reinstate his or her membership in the
Washington public employees' retirement system, for the sole purpose of
qualifying for a transfer of membership in the judicial retirement
system in accordance with subsection (1) ((above)) of this section by
making full restoration of all withdrawn funds to the employees'
savings fund prior to July 1, 1980. Upon reinstatement in accordance
with this subsection, the provisions of subsection (1) of this section
and the provisions of RCW 41.40.023(3) shall then be applicable to the
reinstated member in the same manner and to the same extent as they are
to the present members of the Washington public employees' retirement
system who are eligible to participate in the judicial retirement
system.
(3) Any member of the judicial retirement system who has served as
a judge for one or more years and who has rendered service for the
state of Washington, or any political subdivision thereof, prior to
October 1, 1947, or the time of the admission of the employer into the
Washington public employees' retirement system, may -- upon his or her
payment into the judicial retirement fund of a sum equal to five
percent of his or her compensation earned for such prior public
service -- request and shall be entitled to have one-half of such service
computed and not more than six years immediately credited to such
member as though such service had been performed as a member of the
judicial retirement system, provided that any such prior service so
credited shall not be claimed for any pension system other than a
judicial retirement system.
Sec. 29 RCW 2.12.010 and 1982 1st ex.s. c 52 s 2 are each amended
to read as follows:
Any judge of the supreme court, court of appeals, or superior court
of the state of Washington who heretofore and/or hereafter shall have
served as a judge of any such courts for eighteen years in the
aggregate or who shall have served ten years in the aggregate and shall
have attained the age of seventy years or more may, during or at the
expiration of his or her term of office, in accordance with the
provisions of this chapter, be retired and receive the retirement pay
herein provided for. In computing such term of service, there shall be
counted the time spent by such judge in active service in the armed
forces of the United States of America, under leave of absence from his
or her judicial duties as provided for under chapter 201, Laws of 1941:
PROVIDED, HOWEVER, That in computing such credit for such service in
the armed forces of the United States of America no allowance shall be
made for service beyond the date of the expiration of the term for
which such judge was elected. Any judge desiring to retire under the
provisions of this section shall file with the director of retirement
systems, a notice in duplicate in writing, verified by his or her
affidavit, fixing a date when he or she desires his or her retirement
to commence, one copy of which the director shall forthwith file with
the administrator for the courts. The notice shall state his or her
name, the court or courts of which he or she has served as judge, the
period of service thereon and the dates of such service.
Sec. 30 RCW 2.12.012 and 1971 c 30 s 2 are each amended to read
as follows:
Any judge of the supreme court, court of appeals, or superior court
of this state who shall leave judicial service at any time after having
served as a judge of any of such courts for an aggregate of twelve
years shall be eligible to a partial retirement pension in a percentage
of the pension provided in this chapter as determined by the proportion
his or her years of judicial service bears to eighteen and shall
receive the same upon attainment of age seventy, or eighteen years
after the commencement of such judicial service, whichever shall occur
first.
Sec. 31 RCW 2.12.015 and 1971 c 30 s 3 are each amended to read
as follows:
In the event any judge of the supreme court, court of appeals, or
superior court of the state serves more than eighteen years in the
aggregate as computed under RCW 2.12.010, he or she shall receive in
addition to any other pension benefits to which he or she may be
entitled under this chapter, an additional pension benefit based upon
one-eighteenth of his or her salary for each year of full service after
eighteen years, provided his or her total pension shall not exceed
seventy-five percent of the monthly salary he or she was receiving as
a judge at the time of his or her retirement.
Sec. 32 RCW 2.12.020 and 1982 1st ex.s. c 52 s 3 are each amended
to read as follows:
(1) Any judge of the supreme court, court of appeals, or superior
court of the state of Washington, who heretofore and/or hereafter shall
have served as a judge of any such courts for a period of ten years in
the aggregate, and who shall believe he or she has become physically or
otherwise permanently incapacitated for the full and efficient
performance of the duties of his or her office, may file with the
director of retirement systems an application in duplicate in writing,
asking for retirement, which application shall be signed and verified
by the affidavit of the applicant or by someone in his or her behalf
and which shall set forth his or her name, the office then held, the
court or courts of which he or she has served as judge, the period of
service thereon, the dates of such service and the reasons why he or
she believes himself or herself to be, or why they believe him or her
to be incapacitated. Upon filing of such application the director
shall forthwith transmit a copy thereof to the governor who shall
appoint three physicians of skill and repute, duly licensed to practice
their professions in the state of Washington, who shall, within fifteen
days thereafter, for such compensation as may be fixed by the governor,
to be paid out of the fund hereinafter created, examine said judge and
report, in writing, to the governor their findings in the matter. If
a majority of such physicians shall report that in their opinion said
judge has become permanently incapacitated for the full and efficient
performance of the duties of his or her office, and if the governor
shall approve such report, he or she shall file the report, with his or
her approval endorsed thereon, in the office of the director and a
duplicate copy thereof with the administrator for the courts, and from
the date of such filing the applicant shall be deemed to have retired
from office and be entitled to the benefits of this chapter to the same
extent as if he or she had retired under the provisions of RCW
2.12.010.
(2) The retirement for disability of a judge, who has served as a
judge of the supreme court, court of appeals, or superior court of the
state of Washington for a period of ten years in the aggregate, by the
supreme court under Article IV, section 31 of the Constitution of the
state of Washington (House Joint Resolution No. 37, approved by the
voters November 4, 1980), with the concurrence of the retirement board,
shall be considered a retirement under subsection (1) of this section.
Sec. 33 RCW 2.12.035 and 1971 c 81 s 7 are each amended to read
as follows:
The retirement pay or pension of any justice of the supreme or
judge of any superior court of the state who was in office on August 6,
1965, and who retired prior to December 1, 1968, or who would have been
eligible to retire at the time of death prior to December 1, 1968,
shall be based, effective December 1, 1968, upon the annual salary
which was being prescribed by the statute in effect for the office of
justice of the supreme court or for the office of judge of the superior
court, respectively, at the time of his or her retirement or at the end
of the term immediately prior to his or her retirement if his or her
retirement was made after expiration of his or her term or at the time
of his or her death if he or she died prior to retirement. The widow's
benefit for the widow of any such justice or judge as provided for in
RCW 2.12.030 shall be based, effective December 1, 1968, upon such
retirement pay.
Sec. 34 RCW 2.12.037 and 1970 ex.s. c 96 s 1 are each amended to
read as follows:
(1) "Index" for the purposes of this section, shall mean, for any
calendar year, that year's annual average consumer price index for
urban wage earners and clerical workers, all items (1957-1959 equal one
hundred) compiled by the bureau of labor statistics, United States
department of labor;
(2) Effective July 1, 1970, every pension computed and payable
under the provisions of RCW 2.12.030 to any retired judge or to his or
her widow which does not exceed four hundred fifty dollars per month
shall be adjusted to that dollar amount which bears the ratio of its
original dollar amount which is found to exist between the index for
1969 and the index for the calendar year prior to the effective
retirement date of the person to whom, or on behalf of whom, such
retirement allowance is being paid.
Sec. 35 RCW 2.12.040 and 1955 c 38 s 6 are each amended to read
as follows:
If any retired judge shall accept an appointment or an election to
a judicial office, he or she shall be entitled to receive the full
salary pertaining thereto, and his or her retirement pay under this
chapter shall be suspended during such term of office and his or her
salary then received shall be subject to contribution to the judges'
retirement fund as provided in this chapter.
Sec. 36 RCW 2.12.060 and 1973 c 106 s 6 are each amended to read
as follows:
For the purpose of providing moneys in said judges' retirement
fund, concurrent monthly deductions from judges' salaries and portions
thereof payable from the state treasury and withdrawals from the
general fund of the state treasury shall be made as follows: Six and
one-half percent shall be deducted from the monthly salary of each
justice of the supreme court, six and one-half percent shall be
deducted from the monthly salary of each judge of the court of appeals,
and six and one-half percent of the total salaries of each judge of the
superior court shall be deducted from that portion of the salary of
such justices or judges payable from the state treasury; and a sum
equal to six and one-half percent of the combined salaries of the
justices of the supreme court, the judges of the court of appeals, and
the judges of the superior court shall be withdrawn from the general
fund of the state treasury. In consideration of the contributions made
by the judges and justices to the judges' retirement fund, the state
hereby undertakes to guarantee the solvency of said fund and the
legislature shall make biennial appropriations from the general fund of
amounts sufficient to guarantee the making of retirement payments as
herein provided for if the money in the judges' retirement fund shall
become insufficient for that purpose, but such biennial appropriation
may be conditioned that sums appropriated may not be expended unless
the money in the judges' retirement fund shall become insufficient to
meet the retirement payments. The deductions and withdrawals herein
directed shall be made on or before the tenth day of each month and
shall be based on the salaries of the next preceding calendar month.
The administrator for the courts shall issue warrants payable to the
treasurer to accomplish the deductions and withdrawals herein directed,
and shall issue the monthly salary warrants of the judges and justices
for the amount of salary payable from the state treasury after such
deductions have been made. The treasurer shall cash the warrants made
payable to him or her hereunder and place the proceeds thereof in the
judges' retirement fund for disbursement as authorized in this chapter.
Sec. 37 RCW 2.12.100 and 1970 ex.s. c 96 s 2 are each amended to
read as follows:
Any member of the Washington public employees' retirement system
who is eligible to participate in the judges' retirement system, may by
written request filed with the director and custodian of the two
systems respectively, transfer such membership to the judges'
retirement system. Upon the receipt of such request, the director of
the Washington public employees' retirement system shall transfer to
the state treasurer (1) all employees' contributions and interest
thereon belonging to such member in the employees' savings fund and all
employers' contributions credited or attributed to such member in the
benefit account fund and (2) a record of service credited to such
member. One-half of such service but not in excess of twelve years
shall be computed and credited to such member as though such service
was performed as a member of the judges' retirement system. Upon such
transfer being made the state treasurer shall deposit such moneys in
the judges' retirement fund. In the event that any such member should
terminate judicial service prior to his or her entitlement to
retirement benefits under any of the provisions of chapter 2.12 RCW, he
or she shall upon request therefor be repaid from the judges'
retirement fund an amount equal to the amount of his or her employees'
contributions to the Washington public employees' retirement system and
interest plus interest thereon from the date of the transfer of such
moneys: PROVIDED, HOWEVER, That this section shall not apply to any
person who is retired as a judge as of February 20, 1970.
Sec. 38 RCW 2.24.020 and 1909 c 124 s 5 are each amended to read
as follows:
Court commissioners appointed hereunder shall, before entering upon
the duties of such office, take and subscribe an oath to support the
Constitution of the United States, the Constitution of the state of
Washington, and to perform the duties of such office fairly and
impartially and to the best of his or her ability.
Sec. 39 RCW 2.28.030 and 1971 c 81 s 11 are each amended to read
as follows:
A judicial officer is a person authorized to act as a judge in a
court of justice. Such officer shall not act as such in a court of
which he or she is a member in any of the following cases:
(1) In an action, suit, or proceeding to which he or she is a
party, or in which he or she is directly interested.
(2) When he or she was not present and sitting as a member of the
court at the hearing of a matter submitted for its decision.
(3) When he or she is related to either party by consanguinity or
affinity within the third degree. The degree shall be ascertained and
computed by ascending from the judge to the common ancestor and
descending to the party, counting a degree for each person in both
lines, including the judge and party and excluding the common ancestor.
(4) When he or she has been attorney in the action, suit, or
proceeding in question for either party; but this section does not
apply to an application to change the place of trial, or the regulation
of the order of business in court.
In the cases specified in ((subdivisions)) subsections (3) and (4)
of this section, the disqualification may be waived by the parties, and
except in the supreme court and the court of appeals shall be deemed to
be waived unless an application for a change of the place of trial be
made as provided by law.
Sec. 40 RCW 2.28.060 and 1955 c 38 s 13 are each amended to read
as follows:
Every judicial officer has power(( -- )):
(1) To preserve and enforce order in his or her immediate presence
and in the proceedings before him or her, when he or she is engaged in
the performance of a duty imposed upon him or her by law((.));
(2) To compel obedience to his or her lawful orders as provided by
law((.));
(3) To compel the attendance of persons to testify in a proceeding
pending before him or her, in the cases and manner provided by
law((.));
(4) To administer oaths to persons in a proceeding pending before
him or her, and in all other cases where it may be necessary in the
exercise of his or her powers and the performance of his or her duties.
Sec. 41 RCW 2.28.090 and 1891 c 54 s 9 are each amended to read
as follows:
Every other judicial officer may, within the county, city,
district, or precinct in which he or she is chosen(( -- )):
(1) Exercise the powers mentioned in RCW 2.28.080 (1)((, (2) and))
through (3)((.));
(2) Exercise any other power and perform any other duty conferred
or imposed upon him or her by other statute.
Sec. 42 RCW 2.28.100 and 1986 c 219 s 1 are each amended to read
as follows:
No court shall be open, nor shall any judicial business be
transacted, on a legal holiday, except:
(1) To give, upon their request, instructions to a jury when
deliberating on their verdict;
(2) To receive the verdict of a jury;
(3) For the exercise of the powers of a magistrate in a criminal
action, or in a proceeding of a criminal nature;
(4) For hearing applications for and issuing writs of habeas
corpus, injunction, prohibition, and attachment;
(5) For the issuance of any process or subpoena not requiring
immediate judicial or court action, and the service thereof.
The governor, in declaring any legal holiday, in his or her
discretion, may provide in his or her proclamation that such holiday
shall not be applicable to the courts of or within the state.
Sec. 43 RCW 2.28.120 and 1891 c 54 s 10 are each amended to read
as follows:
A court or judicial officer has power to adjourn any proceeding
before it or him or her from time to time, as may be necessary, unless
otherwise expressly provided by law.
Sec. 44 RCW 2.28.160 and 1975-'76 2nd ex.s. c 34 s 2 are each
amended to read as follows:
Whenever a judge serves as a judge pro tempore the payments for
subsistence, lodging, and compensation pursuant to RCW 2.04.250 and
2.06.160 as now or hereafter amended shall be paid only for time
actually spent away from the usual residence and abode of such pro
tempore judge and only for time actually devoted to sitting on cases
heard by such pro tempore judge and for time actually spent in research
and preparation of a written opinion prepared and delivered by such pro
tempore judge; which time spent shall be evidenced by an affidavit of
such judge to be submitted by him or her to the court from which he or
she is entitled to receive subsistence, lodging, and compensation for
his or her services pursuant to RCW 2.04.250 and 2.06.160 as now or
hereafter amended.
Sec. 45 RCW 2.32.050 and 1981 c 277 s 1 are each amended to read
as follows:
The clerk of the supreme court, each clerk of the court of appeals,
and each clerk of a superior court, has power to take and certify the
proof and acknowledgment of a conveyance of real property, or any other
written instrument authorized or required to be proved or acknowledged,
and to administer oaths in every case when authorized by law; and it is
the duty of the clerk of the supreme court, each clerk of the court of
appeals, and of each county clerk for each of the courts for which he
or she is clerk(( -- )):
(1) To keep the seal of the court and affix it in all cases where
he or she is required by law((.));
(2) To record the proceedings of the court((.));
(3) To keep the records, files, and other books and papers
appertaining to the court((.));
(4) To file all papers delivered to him or her for that purpose in
any action or proceeding in the court as directed by court rule or
statute((.));
(5) To attend the court of which he or she is clerk, to administer
oaths, and receive the verdict of a jury in any action or proceeding
therein, in the presence and under the direction of the court((.));
(6) To keep the journal of the proceedings of the court, and, under
the direction of the court, to enter its orders, judgments, and
decrees((.));
(7) To authenticate by certificate or transcript, as may be
required, the records, files, or proceedings of the court, or any other
paper appertaining thereto and filed with him((.)) or her;
(8) To exercise the powers and perform the duties conferred and
imposed upon him or her elsewhere by statute((.));
(9) In the performance of his or her duties to conform to the
direction of the court((.));
(10) To publish notice of the procedures for inspection of the
public records of the court.
Sec. 46 RCW 2.32.090 and 1891 c 57 s 5 are each amended to read
as follows:
Each clerk of a court is prohibited during his or her continuance
in office from acting, or having a partner who acts, as an attorney of
the court of which he or she is clerk.
Sec. 47 RCW 2.32.110 and 1890 p 320 s 2 are each amended to read
as follows:
He or she shall prepare such decisions for publication by giving
the title of each case, a syllabus of the points decided, a brief
statement of the facts bearing on the points decided, the names of the
counsel, and a reference to such authorities as are cited from standard
reports and textbooks that have a special bearing on the case, and he
or she shall prepare a full and comprehensive index to each volume, and
prefix a table of cases reported.
Sec. 48 RCW 2.32.130 and 1890 p 320 s 4 are each amended to read
as follows:
Within thirty days after such proof sheets are furnished, the
judges must return the same to the reporter, with corrections or
alterations, and he or she must make the corrections or alterations
accordingly.
Sec. 49 RCW 2.32.140 and 1890 p 320 s 5 are each amended to read
as follows:
The reporter may take the original opinions and papers in each case
from the clerk's office and retain them in his or her possession not
exceeding sixty days.
Sec. 50 RCW 2.32.160 and 2005 c 190 s 1 are each amended to read
as follows:
There is hereby created a commission advisory to the supreme court
regarding the publication of the decisions of the supreme court and
court of appeals of this state in both the form of advance sheets for
temporary use and in permanent form, to be known as the Washington
court reports commission, and to include the reporter of decisions, the
state law librarian, and such other members, including a judge of the
court of appeals and a member in good standing of the Washington state
bar association, as determined by the chief justice of the supreme
court, who shall be ((chairman)) chair of the commission. Members of
the commission shall serve as such without additional or any
compensation: PROVIDED, That members shall be compensated in
accordance with RCW 43.03.240.
Sec. 51 RCW 2.32.200 and 1983 c 3 s 1 are each amended to read as
follows:
It shall be the duty of each official reporter appointed under RCW
2.32.180 through 2.32.310 to attend every term of the superior court in
the county or judicial district for which he or she is appointed, at
such times as the judge presiding may direct; and upon the trial of any
cause in any court, if either party to the suit or action, or his or
her attorney, request the services of the official reporter, the
presiding judge shall grant such request, or upon his or her own motion
such presiding judge may order a full report of the testimony,
exceptions taken, and all other oral proceedings; in which case the
official reporter shall cause accurate shorthand notes of the oral
testimony, exceptions taken, and other oral proceedings had, to be
taken, except when the judge and attorneys dispense with his or her
services with respect to any portion of the proceedings therein, which
notes shall be filed in the office of the clerk of the superior court
where such trial is had.
Sec. 52 RCW 2.32.210 and 1975 1st ex.s. c 128 s 1 are each
amended to read as follows:
Each official reporter shall be paid such compensation as shall be
fixed, after recommendation by the judges of the judicial district
involved, by the legislative authority of the county comprising said
judicial district, or by the legislative authorities acting jointly
where the judicial district is comprised of more than one county:
PROVIDED, That in judicial districts having a total population of forty
thousand or more, the salary of an official court reporter shall not be
less than sixteen thousand five hundred dollars per annum: PROVIDED
FURTHER, That in judicial districts having a total population of
twenty-five thousand and under forty thousand, such salary shall not be
less than eleven thousand one hundred dollars per annum.
Said compensation shall be paid out of the current expense fund of
the county or counties where court is held.
In judicial districts comprising more than one county the council
or commissioners thereof shall, on the first day of January of each
year, or as soon thereafter as may be convenient, apportion the amount
of the salary to be paid to the reporter by each county according and
in proportion to the number of criminal and civil actions entered and
commenced in superior court of the constituent counties in the
preceding year. In addition to the salary above provided, in judicial
districts comprising more than one county, the reporter shall receive
his or her actual and necessary expenses of transportation and living
expenses when he or she goes on official business to a county of his or
her judicial district other than the county in which he or she resides,
from the time he or she leaves his or her place of residence until he
or she returns thereto, said expense to be paid by the county to which
he or she travels. If one trip includes two or more counties, the
expense may be apportioned between the counties visited in proportion
to the amount of time spent in each county on the trip. If an official
reporter uses his or her own automobile for the purpose of such
transportation, he or she shall be paid therefor at the same rate per
mile as county officials are paid for use of their private automobiles.
The sworn statement of the official reporter, when certified to as
correct by the judge presiding, shall be a sufficient voucher upon
which the county auditor shall draw his or her warrant upon the
treasurer of the county in favor of the official reporter.
The salaries of official court reporters shall be paid upon sworn
statements, when certified as correct by the judge presiding, as state
and county officers are paid.
Sec. 53 RCW 2.32.220 and 1957 c 244 s 3 are each amended to read
as follows:
If the judge of the superior court in any judicial district having
a total population of less than twenty-five thousand finds that the
work in such district requires the services of an official court
reporter he or she may appoint a person qualified under RCW 2.32.180.
Sec. 54 RCW 2.32.240 and 1983 c 3 s 2 are each amended to read as
follows:
(((1))) When a record has been taken in any cause as provided in
RCW 2.32.180 through 2.32.310, if the court, or either party to the
suit or action, or his or her attorney, request a transcript, the
official reporter and clerk of the court shall make, or cause to be
made, with reasonable diligence, full and accurate transcript of the
testimony and other proceedings, which shall, when certified to as
hereinafter provided, be filed with the clerk of the court where such
trial is had for the use of the court or parties to the action. The
fees of the reporter and clerk of the court for making such transcript
shall be fixed in accordance with costs as allowed in cost bills in
civil cases by the supreme court of the state of Washington, and when
such transcript is ordered by any party to any suit or action, said fee
shall be paid forthwith by the party ordering the same, and in all
cases where a transcript is made as provided for under the provisions
of RCW 2.32.180 through 2.32.310 the cost thereof shall be taxable as
costs in the case, and shall be so taxed as other costs in the case are
taxed: PROVIDED, That when, from and after December 20, 1973, a party
has been judicially determined to have a constitutional right to a
transcript and to be unable by reason of poverty to pay for such
transcript, the court may order said transcript to be made by the
official reporter, which transcript fee therefor shall be paid by the
state upon submission of appropriate vouchers to the clerk of the
supreme court.
Sec. 55 RCW 2.32.260 and 1913 c 126 s 7 are each amended to read
as follows:
When the official reporter who has taken notes in any cause, shall
thereafter cease to be such official reporter, any transcript
thereafter made by him or her therefrom, or made by any competent
person under the direction of the court, and duly certified to by the
person making the same, under oath, as a full, true and correct
transcript of said notes, the same shall have full force and effect the
same as though certified by an official reporter of said court.
Sec. 56 RCW 2.40.030 and Code 1881 s 2109 are each amended to
read as follows:
Whenever a juror, witness, or officer is required to attend a
court, or travel on official business out of the limits of his or her
own county, and entitled to mileage, in lieu thereof he or she may at
his or her option receive his or her actual and necessary traveling
expenses by the usually traveled route in going to and returning from
the place where the court is held, or where the business is discharged.
At the close of each term of the district court, the clerk shall
ascertain the amount due each juror for his or her mileage and per
diem; and he or she shall also certify the amount of fees that may be
due to the sheriff of any other county than that in which the court is
held, who may have attended the term, having a prisoner in custody
charged with or convicted of a crime, or for the purpose of conveying
such prisoner to or from the county, which, when approved by the court
or judge, shall be a charge upon the county to which the prisoner
belongs; and he or she shall also certify the amount which may be due
witnesses attending from another county in a criminal case for their
fees, which, when approved by the court or judge, shall be a charge
upon the county to which the case belongs.
Sec. 57 RCW 2.44.010 and Code 1881 s 3280 are each amended to
read as follows:
An attorney and counselor has authority:
(1) To bind his or her client in any of the proceedings in an
action or special proceeding by his or her agreement duly made, or
entered upon the minutes of the court; but the court shall disregard
all agreements and stipulations in relation to the conduct of, or any
of the proceedings in, an action or special proceeding unless such
agreement or stipulation be made in open court, or in presence of the
clerk, and entered in the minutes by him or her, or signed by the party
against whom the same is alleged, or his or her attorney;
(2) To receive money claimed by his or her client in an action or
special proceeding, during the pendency thereof, or after judgment upon
the payment thereof, and not otherwise, to discharge the same or
acknowledge satisfaction of the judgment;
(3) This section shall not prevent a party (([from])) from
employing a new attorney or from issuing an execution upon a judgment,
or from taking other proceedings prescribed by statute for its
enforcement.
Sec. 58 RCW 2.44.020 and Code 1881 s 3281 are each amended to
read as follows:
If it be alleged by a party for whom an attorney appears, that he
or she does so without authority, the court may, at any stage of the
proceedings, relieve the party for whom the attorney has assumed to
appear from the consequences of his or her act; it may also summarily,
upon motion, compel the attorney to repair the injury to either party
consequent upon his or her assumption of authority.
Sec. 59 RCW 2.44.030 and Code 1881 s 3282 are each amended to
read as follows:
The court, or a judge, may, on motion of either party, and on
showing reasonable grounds therefor, require the attorney for the
adverse party, or for any one of several adverse parties, to produce or
prove the authority under which he or she appears, and until he or she
does so, may stay all proceedings by him or her on behalf of the party
for whom he or she assumes to appear.
Sec. 60 RCW 2.44.040 and Code 1881 s 3283 are each amended to
read as follows:
The attorney in an action or special proceeding, may be changed at
any time before judgment or final determination as follows:
(1) Upon his or her own consent, filed with the clerk or entered
upon the minutes; or
(2) Upon the order of the court, or a judge thereof, on the
application of the client, or for other sufficient cause; but no such
change can be made until the charges of such attorney have been paid by
the party asking such change to be made.
Sec. 61 RCW 2.44.050 and Code 1881 s 3284 are each amended to
read as follows:
When an attorney is changed, as provided in RCW 2.44.040, written
notice of the change, and of the substitution of a new attorney, or of
the appearance of the party in person, must be given to the adverse
party; until then, he or she shall be bound to recognize the former
attorney.
Sec. 62 RCW 2.44.060 and Code 1881 s 3285 are each amended to
read as follows:
When an attorney dies, or is removed, or suspended, or ceases to
act as such, a party to an action for whom he or she was acting as
attorney, must, at least twenty days before any further proceedings
against him or her, be required by the adverse party, by written
notice, to appoint another attorney, or to appear in person.
Sec. 63 RCW 2.48.080 and 1945 c 181 s 2 are each amended to read
as follows:
If an applicant under RCW 2.48.070 through 2.48.110 is, at the time
he or she applies for admission to practice law in the state of
Washington, still in the armed forces of the United States, he or she
may establish the requirements of the proviso in RCW 2.48.070 by a
letter or certificate from his or her commanding officer and by the
certificates of at least two active members of the Washington state bar
association.
Sec. 64 RCW 2.48.090 and 1945 c 181 s 3 are each amended to read
as follows:
If an applicant under RCW 2.48.070 through 2.48.110 is, at the time
he or she applies for admission to practice law in the state of
Washington, no longer in the armed forces of the United States, he or
she may establish the requirements of the proviso in RCW 2.48.070 as
follows:
(1) If he or she shall have been an enlisted person, by producing
an honorable discharge, and by the certificates of at least two active
members of the Washington state bar association.
(2) If he or she shall have been an officer, by an affidavit
showing that he or she has been relieved from active duty under
circumstances other than dishonorable, and by the certificates of at
least two active members of the Washington state bar association.
Sec. 65 RCW 2.48.150 and 1933 c 94 s 11 are each amended to read
as follows:
Applicants for admission to the bar upon accredited certificates or
upon examination, not having been admitted to the bar in another state
or territory, shall pay a fee of twenty-five dollars and all other
applicants a fee of fifty dollars. Said admission fees shall be used
to pay the expenses incurred in connection with examining and admitting
applicants to the bar, including salaries of examiners, and any balance
remaining at the close of each biennium shall be paid to the state
treasurer and be by him or her credited to the general fund.
Sec. 66 RCW 2.48.160 and 1933 c 94 s 12 are each amended to read
as follows:
Any member failing to pay any fees after the same become due, and
after two months' written notice of his or her delinquency, must be
suspended from membership in the state bar, but may be reinstated upon
payment of accrued fees and such penalties as may be imposed by the
board of governors, not exceeding double the amount of the delinquent
fee.
Sec. 67 RCW 2.48.170 and 1933 c 94 s 13 are each amended to read
as follows:
No person shall practice law in this state subsequent to the first
meeting of the state bar unless he or she shall be an active member
thereof as hereinbefore defined: PROVIDED, That a member of the bar in
good standing in any other state or jurisdiction shall be entitled to
appear in the courts of this state under such rules as the board of
governors may prescribe.
Sec. 68 RCW 2.48.220 and 1921 c 126 s 14 are each amended to read
as follows:
An attorney or counselor may be disbarred or suspended for any of
the following causes arising after his or her admission to practice:
(1) His or her conviction of a felony or misdemeanor involving
moral turpitude, in which case the record of conviction shall be
conclusive evidence.
(2) ((Wilful)) Willful disobedience or violation of an order of the
court requiring him or her to do or forbear an act connected with, or
in the course of, his or her profession, which he or she ought in good
faith to do or forbear.
(3) Violation of his or her oath as an attorney, or of his or her
duties as an attorney and counselor.
(4) Corruptly or ((wilfully)) willfully, and without authority,
appearing as attorney for a party to an action or proceeding.
(5) Lending his or her name to be used as attorney and counselor by
another person who is not an attorney and counselor.
(6) For the commission of any act involving moral turpitude,
dishonesty, or corruption, whether the same be committed in the course
of his or her relations as an attorney or counselor at law, or
otherwise, and whether the same constitute a felony or misdemeanor or
not; and if the act constitute a felony or misdemeanor, conviction
thereof in a criminal proceeding shall not be a condition precedent to
disbarment or suspension from practice therefor.
(7) Misrepresentation or concealment of a material fact made in his
or her application for admission or in support thereof.
(8) Disbarment by a foreign court of competent jurisdiction.
(9) Practicing law with or in cooperation with a disbarred or
suspended attorney, or maintaining an office for the practice of law in
a room or office occupied or used in whole or in part by a disbarred or
suspended attorney, or permitting a disbarred or suspended attorney to
use his or her name for the practice of law, or practicing law for or
on behalf of a disbarred or suspended attorney, or practicing law under
any arrangement or understanding for division of fees or compensation
of any kind with a disbarred or suspended attorney or with any person
not a licensed attorney.
(10) Gross incompetency in the practice of the profession.
(11) Violation of the ethics of the profession.
Sec. 69 RCW 2.50.070 and 1939 c 93 s 7 are each amended to read
as follows:
The legal aid county committee (hereinafter called the committee),
if created and continued by resolution of the bar board, shall consist
of three members chosen by the bar board as follows: A member of the
bar board, who shall be ((chairman)) chair, a judge of the superior
court of the county, and an active member of the Washington state bar
association, resident in the county.
Sec. 70 RCW 2.50.080 and 1939 c 93 s 8 are each amended to read
as follows:
Among the powers to supervise the actual operation of any such
bureau, which shall be exercised either by the bar board itself or in
its discretion by the committee, are the following:
(1) To appoint and remove at will the director and to fix the
amount of his or her salary not in excess of two hundred dollars per
month;
(2) To engage and discharge all other employees of the bureau and
to fix their salaries or remuneration;
(3) To assist the director in supplying the free services of
attorneys for the bureau;
(4) To cooperate with the dean of any law school now or hereafter
established within this state respecting the participation of law
students in the rendition of services by the bureau under the guidance
of the director -- however, by this provision, no law student shall be
deemed authorized to represent as an attorney in a court of record any
legal aid client;
(5) To require of the director periodically written statements of
account and written reports upon any and all subjects within the
operation of the bureau;
(6) To prescribe rules and regulations, always subject to the bar
board, for determination of the indigent persons who are entitled to
legal aid, for determination of the kinds of legal problems and cases
subject to legal aid, and for determination of all operative legal aid
policies not inconsistent with this chapter;
(7) To advise the county board, for its budget upon its written
request, as to the estimated amount of county funds reasonably required
to effectively operate the bureau for the ensuing fiscal year;
(8) To receive county funds allocated by the county board for the
bureau, and to render an account thereof at the times and in the manner
reasonably required by the county board;
(9) To disburse such county funds, after receipt thereof, solely
for the purposes contemplated by this chapter.
Sec. 71 RCW 2.56.070 and 1981 c 186 s 4 are each amended to read
as follows:
For attendance while holding court in another county or district
pursuant to the direction of the chief justice, a judge shall be
entitled to receive from the county to which he or she is sent
reimbursement for subsistence, lodging, and travel expenses in
accordance with the rates applicable to state officers under RCW
43.03.050 and 43.03.060 as now or hereafter amended.
Sec. 72 RCW 3.20.100 and 1943 c 126 s 1 are each amended to read
as follows:
If, previous to the commencement of any trial before a justice of
the peace, the defendant, his or her attorney or agent, shall make and
file with the justice an affidavit that the deponent believes that the
defendant cannot have an impartial trial before such justice, it shall
be the duty of the justice to forthwith transmit all papers and
documents belonging to the case to the next nearest justice of the
peace in the same county, who is not of kin to either party, sick,
absent from the county, or interested in the result of the action,
either as counsel or otherwise. The justice to whom such papers and
documents are so transmitted shall proceed as if the suit had been
instituted before him or her. Distance, as contemplated by this
section, shall mean to be by the nearest traveled route. The costs of
such change of venue shall abide the result of the suit. In precincts,
and incorporated cities and towns where there are two or more justices
of the peace, any one of them shall be considered the next nearest
justice of the peace.
Sec. 73 RCW 3.30.090 and 1979 ex.s. c 136 s 15 are each amended
to read as follows:
A violations bureau may be established by any city or district
court having jurisdiction of traffic cases to assist in processing
traffic cases. As designated by written order of the court having
jurisdiction of traffic cases, specific offenses under city ordinance,
county resolution, or state law may be processed by such bureau. Such
bureau may be authorized to receive the posting of bail for such
specified offenses, and, as authorized by the court order, to accept
forfeiture of bail and payment of monetary penalties. The court order
shall specify the amount of bail to be posted and shall also specify
the circumstances or conditions which will require an appearance before
the court. Such bureau, upon accepting the prescribed bail, shall
issue a receipt to the alleged violator, which receipt shall bear a
legend informing him or her of the legal consequences of bail
forfeiture. The bureau shall transfer daily to the clerk of the proper
department of the court all bail posted for offenses where forfeiture
is not authorized by the court order, as well as copies of all
receipts. All forfeitures or penalties paid to a violations bureau for
violations of municipal ordinances shall be placed in the city general
fund or such other fund as may be prescribed by ordinance. All
forfeitures or penalties paid to a violations bureau for violations of
state laws or county resolutions shall be remitted at least monthly to
the county treasurer for deposit in the current expense fund.
Employees of violations bureaus of a city shall be city employees under
any applicable municipal civil service system.
Sec. 74 RCW 3.58.010 and 1986 c 155 s 7 are each amended to read
as follows:
The annual salary of each full time district court judge shall be
established by the Washington citizen's commission on salaries for
elected officials. A member of the legislature whose term of office is
partly coextensive with or extends beyond the present term of office of
any of the officials whose salary is increased by virtue of the
provisions of RCW 43.03.010, 2.04.092, 2.06.062, 2.08.092, and 3.58.010
shall be eligible to be appointed or elected to any of the offices the
salary of which is increased hereby but he or she shall not be entitled
to receive such increased salary until after the expiration of his or
her present term of office and his or her subsequent election or
reelection to the office to which he or she was appointed or elected
respectively during his or her term of office as legislator.
Sec. 75 RCW 4.08.150 and Code 1881 s 22 are each amended to read
as follows:
A defendant against whom an action is pending upon a contract, or
for specific real or personal property, at any time before answer, upon
affidavit that a person not a party to the action, and without
collusion with him or her, makes against him or her a demand for the
same debt or property, upon due notice to such person and the adverse
party, may apply to the court for an order to substitute such person in
his or her place, and discharge him or her from liability to either
party on his or her depositing in court the amount of the debt, or
delivering the property or its value to such person as the court may
direct; and the court may make the order.
Sec. 76 RCW 4.08.160 and 1890 p 93 s 1 are each amended to read
as follows:
Anyone having in his or her possession, or under his or her
control, any property or money, or being indebted, where more than one
person claims to be the owner of, entitled to, interested in, or to
have a lien on, such property, money, or indebtedness, or any part
thereof, may commence an action in the superior court against all or
any of such persons, and have their rights, claims, interest, or liens
adjudged, determined, and adjusted in such action.
Sec. 77 RCW 4.08.170 and 1890 p 93 s 2 are each amended to read
as follows:
In any action commenced under RCW 4.08.160, the plaintiff may
disclaim any interest in the money, property, or indebtedness, and
deposit with the clerk of the court the full amount of such money or
indebtedness, or other property, and he or she shall not be liable for
any costs accruing in said action. And the clerks of the various
courts shall receive and file such complaint, and all other officers
shall execute the necessary processes to carry out the purposes of this
section, and RCW 4.08.160 and 4.08.180, free from all charge to said
plaintiff, and the court, in its discretion, shall determine the
liability for costs of the action.
Sec. 78 RCW 4.08.180 and 1890 p 94 s 3 are each amended to read
as follows:
Either of the defendants may set up or show any claim or lien he or
she may have to such property, money, or indebtedness, or any part
thereof, and the superior right, title, or lien, whether legal or
equitable, shall prevail.
The court or judge thereof may make all necessary orders, during
the pendency of said action, for the preservation and protection of the
rights, interests, or liens of the several parties.
Sec. 79 RCW 4.12.030 and Code 1881 s 51 are each amended to read
as follows:
The court may, on motion, in the following cases, change the place
of trial when it appears by affidavit, or other satisfactory proof:
(1) That the county designated in the complaint is not the proper
county; or,
(2) That there is reason to believe that an impartial trial cannot
be had therein; or,
(3) That the convenience of witnesses or the ends of justice would
be forwarded by the change; or,
(4) That from any cause the judge is disqualified; which
disqualification exists in either of the following cases: In an action
or proceeding to which he or she is a party, or in which he or she is
interested; when he or she is related to either party by consanguinity
or affinity, within the third degree; when he or she has been of
counsel for either party in the action or proceeding.
Sec. 80 RCW 4.12.070 and 1891 c 33 s 2 are each amended to read
as follows:
Any party in a civil action pending in the superior court in a
county out of whose limits a new county, in whole or in part, has been
created, may file with the clerk of such superior court an affidavit
setting forth that he or she is a resident of such newly created
county, and that the venue of such action is transitory, or that the
venue of such action is local, and that it ought properly to be tried
in such newly created county; and thereupon the clerk shall make out a
transcript of the proceedings already had in such action in such
superior court, and certify it under the seal of the court, and
transmit such transcript, together with the papers on file in his or
her office connected with such action, to the clerk of the superior
court of such newly created county, wherein it shall be proceeded with
as in other cases.
Sec. 81 RCW 4.14.020 and 1967 ex.s. c 46 s 5 are each amended to
read as follows:
(1) A defendant or defendants desiring to remove any civil action
from a justice court as authorized by RCW 4.14.010 shall file in the
superior court in the county where such action is pending, a verified
petition containing a short and plain statement of the facts which
entitle him, her, or them to removal together with a copy of all
process, pleadings and orders served upon him, her, or them in such
action.
(2) The petition for removal of a civil action or proceeding shall
be filed within twenty days after the receipt by the defendant, through
service or otherwise, of a copy of the initial pleading setting forth
the claim for relief upon which such action or proceeding is based.
If the case stated by the initial pleading is not removable, a
petition for removal may be filed within twenty days after receipt by
the defendant, through service or otherwise, of a copy of an amended
pleading, motion, order, or other paper, including the defendant's
answer, from which it may first be ascertained that the case is or has
become removable.
(3) Promptly after the filing of such petition the defendant or
defendants shall give written notice thereof to all adverse parties and
shall file a copy of the petition with the justice court, which shall
effect the removal and the justice court shall proceed no further
unless and until the case is remanded.
Sec. 82 RCW 4.16.070 and 1890 p 81 s 1 are each amended to read
as follows:
No action for the recovery of any real estate sold by an executor
or administrator under the laws of this state shall be maintained by
any heir or other person claiming under the deceased, unless it is
commenced within five years next after the sale, and no action for any
estate sold by a guardian shall be maintained by the ward, or by any
person claiming under him or her, unless commenced within five years
next after the termination of the guardianship, except that minors, and
other persons under legal disability to sue at the time when the right
of action first accrued, may commence such action at any time within
three years after the removal of the disability.
Sec. 83 RCW 4.16.080 and 1989 c 38 s 2 are each amended to read
as follows:
The following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property,
including an action for the specific recovery thereof, or for any other
injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a
contract or liability, express or implied, which is not in writing, and
does not arise out of any written instrument;
(4) An action for relief upon the ground of fraud, the cause of
action in such case not to be deemed to have accrued until the
discovery by the aggrieved party of the facts constituting the fraud;
(5) An action against a sheriff, coroner, or constable upon a
liability incurred by the doing of an act in his or her official
capacity and by virtue of his or her office, or by the omission of an
official duty, including the nonpayment of money collected upon an
execution; but this ((subdivision)) subsection shall not apply to
action for an escape;
(6) An action against an officer charged with misappropriation or
a failure to properly account for public funds intrusted to his or her
custody; an action upon a statute for penalty or forfeiture, where an
action is given to the party aggrieved, or to such party and the state,
except when the statute imposing it prescribed a different limitation:
PROVIDED, HOWEVER, The cause of action for such misappropriation,
penalty, or forfeiture, whether for acts heretofore or hereafter done,
and regardless of lapse of time or existing statutes of limitations, or
the bar thereof, even though complete, shall not be deemed to accrue or
to have accrued until discovery by the aggrieved party of the act or
acts from which such liability has arisen or shall arise, and such
liability, whether for acts heretofore or hereafter done, and
regardless of lapse of time or existing statute of limitation, or the
bar thereof, even though complete, shall exist and be enforceable for
three years after discovery by aggrieved party of the act or acts from
which such liability has arisen or shall arise.
Sec. 84 RCW 4.16.180 and 1927 c 132 s 1 are each amended to read
as follows:
If the cause of action shall accrue against any person who is a
nonresident of this state, or who is a resident of this state and shall
be out of the state, or concealed therein, such action may be commenced
within the terms herein respectively limited after the coming, or
return of such person into the state, or after the end of such
concealment; and if after such cause of action shall have accrued, such
person shall depart from and reside out of this state, or conceal
himself or herself, the time of his or her absence or concealment shall
not be deemed or taken as any part of the time limit for the
commencement of such action.
Sec. 85 RCW 4.16.200 and 1989 c 333 s 8 are each amended to read
as follows:
Limitations on actions against a person who dies before the
expiration of the time otherwise limited for commencement thereof are
as set forth in chapter 11.40 RCW. Subject to the limitations on
claims against a deceased person under chapter 11.40 RCW, if a person
entitled to bring an action dies before the expiration of the time
limited for the commencement thereof, and the cause of action survives,
an action may be commenced by his or her representatives after the
expiration of the time and within one year from his or her death.
Sec. 86 RCW 4.16.240 and Code 1881 s 41 are each amended to read
as follows:
If an action shall be commenced within the time prescribed
therefor, and a judgment therein for the plaintiff be reversed on error
or appeal, the plaintiff, or if he or she dies and the cause of action
survives, his or her heirs or representatives may commence a new action
within one year after reversal.
Sec. 87 RCW 4.16.250 and Code 1881 s 42 are each amended to read
as follows:
No person shall avail himself or herself of a disability unless it
existed when his or her right of action accrued.
Sec. 88 RCW 4.16.350 and 2006 c 8 s 302 are each amended to read
as follows:
Any civil action for damages for injury occurring as a result of
health care which is provided after June 25, 1976, against:
(1) A person licensed by this state to provide health care or
related services, including, but not limited to, a physician,
osteopathic physician, dentist, nurse, optometrist, podiatric physician
and surgeon, chiropractor, physical therapist, psychologist,
pharmacist, optician, physician's assistant, osteopathic physician's
assistant, nurse practitioner, or physician's trained mobile intensive
care paramedic, including, in the event such person is deceased, his or
her estate or personal representative;
(2) An employee or agent of a person described in subsection (1) of
this section, acting in the course and scope of his or her employment,
including, in the event such employee or agent is deceased, his or her
estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or
institution employing one or more persons described in subsection (1)
of this section, including, but not limited to, a hospital, clinic,
health maintenance organization, or nursing home; or an officer,
director, employee, or agent thereof acting in the course and scope of
his or her employment, including, in the event such officer, director,
employee, or agent is deceased, his or her estate or personal
representative; based upon alleged professional negligence shall be
commenced within three years of the act or omission alleged to have
caused the injury or condition, or one year of the time the patient or
his or her representative discovered or reasonably should have
discovered that the injury or condition was caused by said act or
omission, whichever period expires later, except that in no event shall
an action be commenced more than eight years after said act or
omission: PROVIDED, That the time for commencement of an action is
tolled upon proof of fraud, intentional concealment, or the presence of
a foreign body not intended to have a therapeutic or diagnostic purpose
or effect, until the date the patient or the patient's representative
has actual knowledge of the act of fraud or concealment, or of the
presence of the foreign body; the patient or the patient's
representative has one year from the date of the actual knowledge in
which to commence a civil action for damages.
For purposes of this section, notwithstanding RCW 4.16.190, the
knowledge of a custodial parent or guardian shall be imputed to a
person under the age of eighteen years, and such imputed knowledge
shall operate to bar the claim of such minor to the same extent that
the claim of an adult would be barred under this section. Any action
not commenced in accordance with this section shall be barred.
For purposes of this section, with respect to care provided after
June 25, 1976, and before August 1, 1986, the knowledge of a custodial
parent or guardian shall be imputed as of April 29, 1987, to persons
under the age of eighteen years.
This section does not apply to a civil action based on intentional
conduct brought against those individuals or entities specified in this
section by a person for recovery of damages for injury occurring as a
result of childhood sexual abuse as defined in RCW 4.16.340(5).
Sec. 89 RCW 4.20.010 and 1917 c 123 s 1 are each amended to read
as follows:
When the death of a person is caused by the wrongful act, neglect,
or default of another his or her personal representative may maintain
an action for damages against the person causing the death; and
although the death shall have been caused under such circumstances as
amount, in law, to a felony.
Sec. 90 RCW 4.20.020 and 2007 c 156 s 29 are each amended to read
as follows:
Every such action shall be for the benefit of the wife, husband,
state registered domestic partner, child or children, including
stepchildren, of the person whose death shall have been so caused. If
there be no wife, husband, state registered domestic partner, or such
child or children, such action may be maintained for the benefit of the
parents, sisters, or brothers, who may be dependent upon the deceased
person for support, and who are resident within the United States at
the time of his or her death.
In every such action the jury may give such damages as, under all
circumstances of the case, may to them seem just.
Sec. 91 RCW 4.20.050 and Code 1881 s 17 are each amended to read
as follows:
No action shall abate by the death, marriage, or other disability
of the party, or by the transfer of any interest therein, if the cause
of action survives or continues; but the court may at any time within
one year thereafter, on motion, allow the action to be continued by or
against his or her representatives or successors in interest.
Sec. 92 RCW 4.22.050 and 1981 c 27 s 13 are each amended to read
as follows:
(1) If the comparative fault of the parties to a claim for
contribution has been established previously by the court in the
original action, a party paying more than that party's equitable share
of the obligation, upon motion, may recover judgment for contribution.
(2) If the comparative fault of the parties to the claim for
contribution has not been established by the court in the original
action, contribution may be enforced in a separate action, whether or
not a judgment has been rendered against either the person seeking
contribution or the person from whom contribution is being sought.
(3) If a judgment has been rendered, the action for contribution
must be commenced within one year after the judgment becomes final. If
no judgment has been rendered, the person bringing the action for
contribution either must have (a) discharged by payment the common
liability within the period of the statute of limitations applicable to
the claimant's right of action against him or her and commenced the
action for contribution within one year after payment, or (b) agreed
while the action was pending to discharge the common liability and,
within one year after the agreement, have paid the liability and
commenced an action for contribution.
Sec. 93 RCW 4.24.060 and 1983 c 3 s 5 are each amended to read as
follows:
The common law right to an action for damages done by fires, is not
taken away or diminished by RCW 4.24.040, 4.24.050, and 4.24.060, but
it may be pursued; but any person availing himself or herself of the
provisions of RCW 4.24.040, shall be barred of his or her action at
common law for the damage so sued for, and no action shall be brought
at common law for kindling fires in the manner described in RCW
4.24.050; but if any such fires shall spread and do damage, the person
who kindled the same and any person present and concerned in driving
such lumber, by whose act or neglect such fire is suffered to spread
and do damage shall be liable in an action on the case for the amount
of damages thereby sustained.
Sec. 94 RCW 4.24.080 and 1957 c 7 s 3 are each amended to read as
follows:
It shall be lawful for any person letting or renting any house,
room, shop, or other building whatsoever, or any boat, booth, garden,
or other place, which shall, at any time, be used by the lessee or
occupant thereof, or any other person, with his or her knowledge or
consent, for gambling purposes, upon discovery thereof, to avoid and
terminate such lease, or contract of occupancy, and to recover
immediate possession of the premises by an action at law for that
purpose.
Sec. 95 RCW 4.24.115 and 2010 c 120 s 1 are each amended to read
as follows:
(1) A covenant, promise, agreement, or understanding in, or in
connection with or collateral to, a contract or agreement relative to
the construction, alteration, repair, addition to, subtraction from,
improvement to, or maintenance of, any building, highway, road,
railroad, excavation, or other structure, project, development, or
improvement attached to real estate, including moving and demolition in
connection therewith, or a motor carrier transportation contract,
purporting to indemnify against liability for damages arising out of
bodily injury to persons or damage to property:
(a) Caused by or resulting from the sole negligence of the
indemnitee, his or her agents or employees is against public policy and
is void and unenforceable;
(b) Caused by or resulting from the concurrent negligence of (i)
the indemnitee or the indemnitee's agents or employees, and (ii) the
indemnitor or the indemnitor's agents or employees, is valid and
enforceable only to the extent of the indemnitor's negligence and only
if the agreement specifically and expressly provides therefor, and may
waive the indemnitor's immunity under industrial insurance, Title 51
RCW, only if the agreement specifically and expressly provides therefor
and the waiver was mutually negotiated by the parties. This subsection
applies to agreements entered into after June 11, 1986.
(2) As used in this section, a "motor carrier transportation
contract" means a contract, agreement, or understanding covering: (a)
The transportation of property for compensation or hire by the motor
carrier; (b) entrance on property by the motor carrier for the purpose
of loading, unloading, or transporting property for compensation or
hire; or (c) a service incidental to activity described in (a) or (b)
of this subsection, including, but not limited to, storage of property,
moving equipment or trailers, loading or unloading, or monitoring
loading or unloading. "Motor carrier transportation contract" shall
not include agreements providing for the interchange, use, or
possession of intermodal chassis, containers, or other intermodal
equipment.
Sec. 96 RCW 4.24.220 and 1967 c 76 s 3 are each amended to read
as follows:
In any civil action brought by reason of any person having been
detained on or in the immediate vicinity of the premises of a
mercantile establishment for the purpose of investigation or
questioning as to the ownership of any merchandise, it shall be a
defense of such action that the person was detained in a reasonable
manner and for not more than a reasonable time to permit such
investigation or questioning by a peace officer or by the owner of the
mercantile establishment, his or her authorized employee or agent, and
that such peace officer, owner, employee, or agent had reasonable
grounds to believe that the person so detained was committing or
attempting to commit larceny or shoplifting on such premises of such
merchandise. As used in this section, "reasonable grounds" shall
include, but not be limited to, knowledge that a person has concealed
possession of unpurchased merchandise of a mercantile establishment,
and a "reasonable time" shall mean the time necessary to permit the
person detained to make a statement or to refuse to make a statement,
and the time necessary to examine employees and records of the
mercantile establishment relative to the ownership of the merchandise.
Sec. 97 RCW 4.28.100 and 2005 c 117 s 1 are each amended to read
as follows:
When the defendant cannot be found within the state, and upon the
filing of an affidavit of the plaintiff, his or her agent, or attorney,
with the clerk of the court, stating that he or she believes that the
defendant is not a resident of the state, or cannot be found therein,
and that he or she has deposited a copy of the summons (substantially
in the form prescribed in RCW 4.28.110) and complaint in the post
office, directed to the defendant at his or her place of residence,
unless it is stated in the affidavit that such residence is not known
to the affiant, and stating the existence of one of the cases
hereinafter specified, the service may be made by publication of the
summons, by the plaintiff or his or her attorney in any of the
following cases:
(1) When the defendant is a foreign corporation, and has property
within the state;
(2) When the defendant, being a resident of this state, has
departed therefrom with intent to defraud his or her creditors, or to
avoid the service of a summons, or keeps himself or herself concealed
therein with like intent;
(3) When the defendant is not a resident of the state, but has
property therein and the court has jurisdiction of the subject of the
action;
(4) When the action is for (a) establishment or modification of a
parenting plan or residential schedule; or (b) dissolution of marriage,
legal separation, or declaration of invalidity, in the cases prescribed
by law;
(5) When the action is for nonparental custody under chapter 26.10
RCW and the child is in the physical custody of the petitioner;
(6) When the subject of the action is real or personal property in
this state, and the defendant has or claims a lien or interest, actual
or contingent, therein, or the relief demanded consists wholly, or
partly, in excluding the defendant from any interest or lien therein;
(7) When the action is to foreclose, satisfy, or redeem from a
mortgage, or to enforce a lien of any kind on real estate in the county
where the action is brought, or satisfy or redeem from the same;
(8) When the action is against any corporation, whether private or
municipal, organized under the laws of the state, and the proper
officers on whom to make service do not exist or cannot be found;
(9) When the action is brought under RCW 4.08.160 and 4.08.170 to
determine conflicting claims to property in this state.
Sec. 98 RCW 4.28.110 and 1985 c 469 s 2 are each amended to read
as follows:
The publication shall be made in a newspaper of general circulation
in the county where the action is brought once a week for six
consecutive weeks: PROVIDED, That publication of summons shall not be
made until after the filing of the complaint, and the service of the
summons shall be deemed complete at the expiration of the time
prescribed for publication. The summons must be subscribed by the
plaintiff or his or her attorney or attorneys. The summons shall
contain the date of the first publication, and shall require the
defendant or defendants upon whom service by publication is desired, to
appear and answer the complaint within sixty days from the date of the
first publication of the summons; and the summons for publication shall
also contain a brief statement of the object of the action. The
summons for publication shall be substantially as follows:
Sec. 99 RCW 4.28.140 and 1903 c 144 s 2 are each amended to read
as follows:
Upon presenting an affidavit to the court or judge, showing to his
or her satisfaction that the heirs of such deceased person are proper
parties to the action, and that their names and residences cannot with
use of reasonable diligence be ascertained, such court or judge may
grant an order that service of the summons in such action be made on
such "Unknown heirs" by publication thereof in the same manner as in
actions against nonresident defendants.
Sec. 100 RCW 4.28.185 and 1977 c 39 s 1 are each amended to read
as follows:
(1) Any person, whether or not a citizen or resident of this state,
who in person or through an agent does any of the acts in this section
enumerated, thereby submits said person, and, if an individual, his or
her personal representative, to the jurisdiction of the courts of this
state as to any cause of action arising from the doing of any of said
acts:
(a) The transaction of any business within this state;
(b) The commission of a tortious act within this state;
(c) The ownership, use, or possession of any property whether real
or personal situated in this state;
(d) Contracting to insure any person, property, or risk located
within this state at the time of contracting;
(e) The act of sexual intercourse within this state with respect to
which a child may have been conceived;
(f) Living in a marital relationship within this state
notwithstanding subsequent departure from this state, as to all
proceedings authorized by chapter 26.09 RCW, so long as the petitioning
party has continued to reside in this state or has continued to be a
member of the armed forces stationed in this state.
(2) Service of process upon any person who is subject to the
jurisdiction of the courts of this state, as provided in this section,
may be made by personally serving the defendant outside this state, as
provided in RCW 4.28.180, with the same force and effect as though
personally served within this state.
(3) Only causes of action arising from acts enumerated herein may
be asserted against a defendant in an action in which jurisdiction over
him or her is based upon this section.
(4) Personal service outside the state shall be valid only when an
affidavit is made and filed to the effect that service cannot be made
within the state.
(5) In the event the defendant is personally served outside the
state on causes of action enumerated in this section, and prevails in
the action, there may be taxed and allowed to the defendant as part of
the costs of defending the action a reasonable amount to be fixed by
the court as attorneys' fees.
(6) Nothing herein contained limits or affects the right to serve
any process in any other manner now or hereafter provided by law.
Sec. 101 RCW 4.28.200 and 1893 c 127 s 12 are each amended to
read as follows:
If the summons is not served personally on the defendant in the
cases provided in RCW 4.28.110 and 4.28.180, he or she or his or her
representatives, on application and sufficient cause shown, at any time
before judgment, shall be allowed to defend the action and, except in
an action for divorce, the defendant or his or her representative may
in like manner be allowed to defend after judgment, and within one year
after the rendition of such judgment, on such terms as may be just; and
if the defense is successful, and the judgment, or any part thereof,
has been collected or otherwise enforced, such restitution may
thereupon be compelled as the court directs.
Sec. 102 RCW 4.28.210 and 1893 c 127 s 16 are each amended to
read as follows:
A defendant appears in an action when he or she answers, demurs,
makes any application for an order therein, or gives the plaintiff
written notice of his or her appearance. After appearance a defendant
is entitled to notice of all subsequent proceedings; but when a
defendant has not appeared, service of notice or papers in the ordinary
proceedings in an action need not be made upon him or her. Every such
appearance made in an action shall be deemed a general appearance,
unless the defendant in making the same states that the same is a
special appearance.
Sec. 103 RCW 4.28.325 and 1999 c 233 s 4 are each amended to read
as follows:
In an action in a United States district court for any district in
the state of Washington affecting the title to real property in the
state of Washington, the plaintiff, at the time of filing the
complaint, or at any time afterwards, or a defendant, when he or she
sets up an affirmative cause of action in his or her answer, or at any
time afterward, if the same be intended to affect real property, may
file with the auditor of each county in which the property is situated
a notice of the pendency of the action, containing the names of the
parties, the object of the action and a description of the real
property in that county affected thereby. From the time of the filing
only shall the pendency of the action be constructive notice to a
purchaser or encumbrancer of the property affected thereby, and every
person whose conveyance or encumbrance is subsequently executed or
subsequently recorded shall be deemed a subsequent purchaser or
encumbrancer, and shall be bound by all proceedings taken after the
filing of such notice to the same extent as if he or she were a party
to the action. For the purpose of this section an action shall be
deemed to be pending from the time of filing such notice: PROVIDED,
HOWEVER, That such notice shall be of no avail unless it shall be
followed by the first publication of the summons, or by personal
service thereof on a defendant within sixty days after such filing.
And the court in which the said action was commenced may, in its
discretion, at any time after the action shall be settled,
discontinued, or abated, on application of any person aggrieved and on
good cause shown and on such notice as shall be directed or approved by
the court, order the notice authorized in this section to be canceled,
in whole or in part, by the county auditor of any county in whose
office the same may have been filed or recorded, and such cancellation
shall be evidenced by the recording of the court order.
Sec. 104 RCW 4.32.150 and Code 1881 s 502 are each amended to
read as follows:
To entitle a defendant to a setoff he or she must set the same
forth in his or her answer.
Sec. 105 RCW 4.36.080 and Code 1881 s 97 are each amended to read
as follows:
In pleading the performance of conditions precedent in a contract,
it shall not be necessary to state the facts showing such performance,
but it may be stated generally that the party duly performed all the
conditions on his or her part; and if such allegation be controverted,
the party pleading shall be bound to establish, on the trial, the facts
showing such performance.
Sec. 106 RCW 4.36.130 and Code 1881 s 100 are each amended to
read as follows:
In an action mentioned in RCW 4.36.120, the defendant may, in his
or her answer, allege both the truth of the matter charged as
defamatory, and any mitigating circumstances to reduce the amount of
damages; and whether he or she proves the justification or not, he or
she may give in evidence the mitigating circumstances.
Sec. 107 RCW 4.36.140 and Code 1881 s 101 are each amended to
read as follows:
In an action to recover the possession of property distrained doing
damage, an answer that the defendant or person by whose command he or
she acted, was lawfully possessed of the real property upon which the
distress was made, and that the property distrained was at the time
doing the damage thereon, shall be good, without setting forth the
title to such real property.
Sec. 108 RCW 4.36.210 and Code 1881 s 108 are each amended to
read as follows:
Where the plaintiff in an action to recover the possession of
personal property on a claim of being the owner thereof, shall fail to
establish on trial such ownership, but shall prove that he or she is
entitled to the possession thereof, by virtue of a special property
therein, he or she shall not thereby be defeated of his or her action,
but shall be permitted to amend, on reasonable terms his or her
complaint, and be entitled to judgment according to the proof in the
case.
Sec. 109 RCW 4.56.060 and Code 1881 s 503 are each amended to
read as follows:
If the amount of the setoff, duly established, be equal to the
plaintiff's debt or demand, judgment shall be rendered that the
plaintiff take nothing by his or her action; if it be less than the
plaintiff's debt or demand, the plaintiff shall have judgment for the
residue only.
Sec. 110 RCW 4.56.120 and 1929 c 89 s 1 are each amended to read
as follows:
An action in the superior court may be dismissed by the court and
a judgment of nonsuit rendered in the following cases:
(1) Upon the motion of the plaintiff, (a) when the case is to be or
is being tried before a jury, at any time before the court announces
its decision in favor of the defendant upon a challenge to the legal
sufficiency of the evidence, or before the jury retire to consider
their verdict, (b) when the action, whether for legal or equitable
relief, is to be or is being tried before the court without a jury, at
any time before the court has announced its decision: PROVIDED, That
no action shall be dismissed upon the motion of the plaintiff, if the
defendant has interposed a setoff as a defense, or seeks affirmative
relief growing out of the same transaction, or sets up a counterclaim,
either legal or equitable, to the specific property or thing which is
the subject matter of the action.
(2) Upon the motion of either party, upon the written consent of
the other.
(3) When the plaintiff fails to appear at the time of trial and the
defendant appears and asks for a dismissal.
(4) Upon its own motion, when, upon the trial and before the final
submission of the case, the plaintiff abandons it.
(5) Upon its own motion, on the refusal or neglect of the plaintiff
to make the necessary parties defendants, after having been ordered so
to do by the court.
(6) Upon the motion of some of the defendants, when there are
others whom the plaintiff fails to prosecute with diligence.
(7) Upon its own motion, for disobedience of the plaintiff to an
order of the court concerning the proceedings in the action.
(8) Upon the motion of the defendant, when, upon the trial, the
plaintiff fails to prove some material fact or facts necessary to
sustain his or her action, as alleged in his or her complaint. When
judgment of nonsuit is given, the action is dismissed, but such
judgment shall not have the effect to bar another action for the same
cause. In every case, other than those mentioned in this section, the
judgment shall be rendered upon the merits and shall bar another action
for the same cause.
Sec. 111 RCW 4.60.010 and Code 1881 s 291 are each amended to
read as follows:
On the confession of the defendant, with the assent of the
plaintiff or his or her attorney, judgment may be given against the
defendant in any action before or after answer, for any amount or
relief not exceeding or different from that demanded in the complaint.
Sec. 112 RCW 4.60.020 and Code 1881 s 292 are each amended to
read as follows:
When the action is against the state, a county or other public
corporation therein, or a private corporation, or a minor, the
confession shall be made by the person who at the time sustains the
relation to such state, corporation, county or minor, as would
authorize the service of a notice (([summons])) summons upon him or
her; or in the case of a minor, if a guardian for the action has been
appointed, then by such guardian; in all other cases the confession
shall be made by the defendant in person.
Sec. 113 RCW 4.60.060 and Code 1881 s 296 are each amended to
read as follows:
A statement in writing shall be made, signed by the defendant and
verified by his or her oath, to the following effect:
(1) It shall authorize the entry of judgment for a specified sum.
(2) If it be for money due or to become due, it shall state
concisely the facts out of which the indebtedness arose, and shall show
that the sum confessed to be due, is justly due or to become due.
(3) If it be for the purpose of securing the plaintiff against a
contingent liability, it shall state concisely the facts constituting
the liability, and show that the sum confessed therefor does not exceed
the same.
Sec. 114 RCW 4.68.020 and Code 1881 s 315 are each amended to
read as follows:
The summons, as provided in RCW 4.68.010, must describe the
judgment, and require the person summoned to show cause why he or she
should not be bound by it, and must be served in the same manner and
returnable within the same time, as the original summons. It is not
necessary to file a new complaint.
Sec. 115 RCW 4.68.030 and Code 1881 s 316 are each amended to
read as follows:
The summons must be accompanied by an affidavit of the plaintiff,
his or her agent, representative, or attorney, that the judgment, or
some part thereof, remains unsatisfied, and must specify the amount due
thereon.
Sec. 116 RCW 4.68.040 and Code 1881 s 317 are each amended to
read as follows:
Upon the service of such summons and affidavit, the defendant may
answer within the time specified therein, denying the judgment, or
setting up any defense which may have arisen subsequently to the taking
of the judgment, or he or she may deny his or her liability on the
obligation upon which the judgment was rendered, except a discharge
from such liability by the statute of limitations.
Sec. 117 RCW 4.68.050 and Code 1881 s 318 are each amended to
read as follows:
If the defendant in his or her answer, deny the judgment, or set up
any defense which may have arisen subsequently, the summons, with the
affidavit annexed, and the answer, constitute the written allegations
in the case; if he or she deny his or her liability on the obligation
upon which the judgment was rendered, a copy of the original complaint
and judgment, the summons with the affidavit annexed, and the answer
constitute such written allegations.
Sec. 118 RCW 4.68.060 and Code 1881 s 319 are each amended to
read as follows:
The issue formed may be tried as in other cases, but when the
defendant denies in his or her answer any liability on the obligation
upon which the judgment was rendered, if a verdict be found against him
or her, it must not exceed the amount remaining unsatisfied on such
original judgment, with interest thereon.
Sec. 119 RCW 4.72.020 and 1891 c 27 s 1 are each amended to read
as follows:
The proceedings to vacate or modify a judgment or order for
mistakes or omissions of the clerk, or irregularity in obtaining the
judgment or order, shall be by motion served on the adverse party or on
his or her attorney in the action, and within one year.
Sec. 120 RCW 4.84.040 and Code 1881 s 508 are each amended to
read as follows:
In an action for an assault and battery, or for false imprisonment,
libel, slander, malicious prosecution, criminal conversation or
seduction, if the plaintiff recover less than ten dollars, he or she
shall be entitled to no more costs or disbursements than the damage
recovered.
Sec. 121 RCW 4.84.050 and Code 1881 s 509 are each amended to
read as follows:
When several actions are brought on one bond, undertaking,
promissory note, bill of exchange, or other instrument in writing, or
in any other case for the same cause of action against several parties,
who might have been joined as defendants in the same action, no costs
or disbursements shall be allowed to the plaintiff in more than one of
such actions, which may be at his or her election, if the parties
proceeded against in the other actions were, at the commencement of the
previous action, openly within this state.
Sec. 122 RCW 4.84.060 and Code 1881 s 510 are each amended to
read as follows:
In all cases where costs and disbursements are not allowed to the
plaintiff, the defendant shall be entitled to have judgment in his or
her favor for the same.
Sec. 123 RCW 4.84.090 and 1949 c 146 s 1 are each amended to read
as follows:
The prevailing party, in addition to allowance for costs, as
provided in RCW 4.84.080, shall also be allowed for all necessary
disbursements, including the fees of officers allowed by law, the fees
of witnesses, the necessary expenses of taking depositions, by
commission or otherwise, and the compensation of referees. The court
shall allow the prevailing party all service of process charges in case
such process was served by a person or persons not an officer or
officers. Such service charge shall be the same as is now allowed or
shall in the future be allowed as fee and mileage to an officer. The
disbursements shall be stated in detail and verified by affidavit, and
shall be served on the opposite party or his or her attorney, and filed
with the clerk of the court, within ten days after the judgment:
PROVIDED, The clerk of the court shall keep a record of all witnesses
in attendance upon any civil action, for whom fees are to be claimed,
with the number of days in attendance and their mileage, and no fees or
mileage for any witness shall be taxed in the cost bill unless they
shall have reported their attendance at the close of each day's session
to the clerk in attendance at such trial.
Sec. 124 RCW 4.84.110 and Code 1881 s 516 are each amended to
read as follows:
When in an action for the recovery of money, the defendant alleges
in his or her answer, that, before the commencement of the action, he
or she tendered to the plaintiff the full amount to which he or she is
entitled, in such money as by agreement ought to be tendered, and
thereupon brings into court, for the plaintiff, the amount tendered,
and the allegation be found true, the plaintiff shall not recover
costs, but shall pay them to the defendant.
Sec. 125 RCW 4.84.120 and Code 1881 s 517 are each amended to
read as follows:
If the defendant in any action pending, shall at any time deposit
with the clerk of the court, for the plaintiff, the amount which he or
she admits to be due, together with all costs that have accrued, and
notify the plaintiff thereof, and such plaintiff shall refuse to accept
the same in discharge of the action, and shall not afterwards recover
a larger amount than that deposited with the clerk, exclusive of
interest and cost, he or she shall pay all costs that may accrue from
the time such money was so deposited.
Sec. 126 RCW 4.84.140 and Code 1881 s 519 are each amended to
read as follows:
When costs are adjudged against an infant plaintiff, the guardian
or person by whom he or she appeared in the action shall be responsible
therefor, and payment may be enforced by execution.
Sec. 127 RCW 4.84.150 and Code 1881 s 520 are each amended to
read as follows:
In (([an])) an action prosecuted or defended by an executor,
administrator, trustee of an express trust, or a person expressly
authorized by statute, costs shall be recovered as in an action by or
against a person prosecuting in his or her own right, but such costs
shall be chargeable only upon or collected of the estate of the party
represented, unless the court shall direct the same to be paid by the
plaintiff or defendant personally, for mismanagement or bad faith in
such action or defense.
Sec. 128 RCW 4.84.160 and Code 1881 s 521 are each amended to
read as follows:
When the cause of action, after the commencement of the action, by
assignment, or in any other manner, becomes the property of a person
not a party thereto, and the prosecution or defense is thereafter
continued, such person shall be liable for the costs in the same manner
as if he or she were a party, and payment thereof may be enforced by
execution.
Sec. 129 RCW 4.84.220 and 1929 c 103 s 2 are each amended to read
as follows:
In lieu of separate security for each action or proceeding in any
court, the plaintiff may cause to be executed and filed in the court a
bond in the penal sum of two hundred dollars running to the state of
Washington, with surety as in case of a separate bond, and conditioned
for the payment of all judgments for costs which may thereafter be
rendered against him or her in that court. Any defendant or garnishee
who shall thereafter recover a judgment for costs in said court against
the principal on such bond shall likewise be entitled to judgment
against the sureties. Such bond shall not be sufficient unless the
penalty thereof is unimpaired by any outstanding obligation at the time
of the commencement of the action.
Sec. 130 RCW 4.84.240 and 1909 c 173 s 1 are each amended to read
as follows:
Whenever any bond or undertaking for the payment of any costs to
any party shall be filed in any action or other legal proceeding in any
court in this state and judgment should be rendered for any such costs
against the principal on any such bonds or against the party primarily
liable therefor in whose behalf any such bond or undertaking has been
filed, such judgment for costs shall be rendered against the principal
on such bond or the party primarily liable therefor and at the same
time also against his or her surety or sureties on any or all such
bonds or undertakings filed in any such action or other legal
proceeding.
Sec. 131 RCW 4.84.330 and 1977 ex.s. c 203 s 1 are each amended
to read as follows:
In any action on a contract or lease entered into after September
21, 1977, where such contract or lease specifically provides that
((attorney's)) attorneys' fees and costs, which are incurred to enforce
the provisions of such contract or lease, shall be awarded to one of
the parties, the prevailing party, whether he or she is the party
specified in the contract or lease or not, shall be entitled to
reasonable ((attorney's)) attorneys' fees in addition to costs and
necessary disbursements.
((Attorney's)) Attorneys' fees provided for by this section shall
not be subject to waiver by the parties to any contract or lease which
is entered into after September 21, 1977. Any provision in any such
contract or lease which provides for a waiver of ((attorney's))
attorneys' fees is void.
As used in this section "prevailing party" means the party in whose
favor final judgment is rendered.
Sec. 132 RCW 5.28.020 and 2 H. C. s 1694 are each amended to read
as follows:
An oath may be administered as follows: The person who swears
holds up his or her hand, while the person administering the oath thus
addresses him or her: "You do solemnly swear that the evidence you
shall give in the issue (or matter) now pending between . . . . . . . .
and . . . . . . . . shall be the truth, the whole truth, and nothing
but the truth, so help you God." If the oath be administered to any
other than a witness giving testimony, the form may be changed to:
"You do solemnly swear you will true answers make to such questions as
you may be asked," etc.
Sec. 133 RCW 5.28.030 and 2 H. C. s 1695 are each amended to read
as follows:
Whenever the court or officer before which a person is offered as
a witness is satisfied that he or she has a peculiar mode of swearing
connected with or in addition to the usual form of administration,
which, in witness' opinion, is more solemn or obligatory, the court or
officer may, in its discretion, adopt that mode.
Sec. 134 RCW 5.28.040 and 2 H. C. s 1696 are each amended to read
as follows:
When a person is sworn who believes in any other than the Christian
religion, he or she may be sworn according to the peculiar ceremonies
of his or her religion, if there be any such.
Sec. 135 RCW 5.28.050 and 2 H. C. s 1697 are each amended to read
as follows:
Any person who has conscientious scruples against taking an oath,
may make his or her solemn affirmation, by assenting, when addressed,
in the following manner: "You do solemnly affirm that," etc., as in
RCW 5.28.020.
Sec. 136 RCW 5.40.020 and 1945 c 101 s 1 are each amended to read
as follows:
A written finding of presumed death, made by the secretary of war,
the secretary of the navy, or other officer or employee of the United
States authorized to make such finding, pursuant to the federal missing
persons act (56 Stat. 143, 1092, and P.L. 408, Ch. 371, 2d Sess. 78th
Cong.; U.S.C. App. Supp. 1001-17), as now or hereafter amended, or a
duly certified copy of such finding, shall be received in any court,
office, or other place in this state as prima facie evidence of the
death of the person therein found to be dead, and the date,
circumstances, and place of his or her disappearance.
Sec. 137 RCW 5.40.040 and 1945 c 101 s 3 are each amended to read
as follows:
For the purposes of RCW 5.40.020 and 5.40.030 any finding, report
or record, or duly certified copy thereof, purporting to have been
signed by such an officer or employee of the United States as is
described in said sections, shall prima facie be deemed to have been
signed and issued by such an officer or employee pursuant to law, and
the person signing same shall prima facie be deemed to have acted
within the scope of his or her authority. If a copy purports to have
been certified by a person authorized by law to certify the same, such
certified copy shall be prima facie evidence of his or her authority so
to certify.
Sec. 138 RCW 5.48.060 and 1957 c 9 s 5 are each amended to read
as follows:
In case of the loss or destruction by fire or otherwise of the
records, or any part thereof, of any probate court or superior court
having probate jurisdiction, the judge of any such court may proceed,
upon its own motion, or upon application in writing of any party in
interest, to restore the records, papers, and proceedings of either of
said courts relating to the estates of deceased persons, including
recorded wills, wills probated, or filed for probate in such courts,
all marriage records and all other records and proceedings, and for the
purpose of restoring said records, wills, papers, or proceedings, or
any part thereof, may cause citations or other process to be issued to
any and all parties to be designated by him or her, and may compel the
attendance in court of any and all witnesses whose testimony may be
necessary to the establishment of any such record or part thereof, and
the production of any and all written or documentary evidence which may
be by him or her deemed necessary in determining the true import and
effect of the original records, will, paper, or other document
belonging to the files of said courts; and may make such orders and
decrees establishing such original record, will, paper, document or
proceeding, or the substance thereof, as to him or her shall seem just
and proper.
Sec. 139 RCW 5.52.010 and Code 1881 s 2352 are each amended to
read as follows:
Contracts made by telegraph shall be deemed to be contracts in
writing; and all communications sent by telegraph and signed by the
person or persons sending the same, or by his, her, or their authority,
shall be held and deemed to be communications in writing.
Sec. 140 RCW 5.52.020 and Code 1881 s 2353 are each amended to
read as follows:
Whenever any notice, information, or intelligence, written or
otherwise, is required to be given, the same may be given by telegraph:
PROVIDED, That the dispatch containing the same be delivered to the
person entitled thereto, or to his or her agent or attorney. Notice by
telegraph shall be deemed actual notice.
Sec. 141 RCW 5.56.010 and 1963 c 19 s 1 are each amended to read
as follows:
Any person may be compelled to attend as a witness before any court
of record, judge, commissioner, or referee, in any civil action or
proceeding in this state. No such person shall be compelled to attend
as a witness in any civil action or proceeding unless the fees be paid
or tendered him or her which are allowed by law for one day's
attendance as a witness and for traveling to and returning from the
place where he or she is required to attend, together with any
allowance for meals and lodging theretofore fixed as specified herein:
PROVIDED, That such fees be demanded by any witness residing within the
same county where such court of record, judge, commissioner, or referee
is located, or within twenty miles of the place where such court is
located, at the time of service of the subpoena: PROVIDED FURTHER,
That a party desiring the attendance of a witness residing outside of
the county in which such action or proceeding is pending, or more than
twenty miles of the place where such court is located, shall apply ex
parte to such court, or to the judge, commissioner, referee, or clerk
thereof, who, if such application be granted and a subpoena issued,
shall fix without notice an allowance for meals and lodging, if any to
be allowed, together with necessary travel expenses, and the amounts so
fixed shall be endorsed upon the subpoena and tendered to such witness
at the time of the service of the subpoena: PROVIDED FURTHER, That the
court shall fix and allow at or after trial such additional amounts for
meals, lodging, and travel as it may deem reasonable for the attendance
of such witness.
Sec. 142 RCW 5.56.050 and Code 1881 s 397 are each amended to
read as follows:
A person present in court or before a judicial officer, may be
required to testify in the same manner as if he or she were in
attendance upon a subpoena issued by such court or officer.
Sec. 143 RCW 5.56.060 and Code 1881 s 398 are each amended to
read as follows:
If any person duly served with a subpoena and obliged to attend as
a witness, shall fail to do so, without any reasonable excuse, he or
she shall be liable to the aggrieved party for all damages occasioned
by such failure, to be recovered in a civil action.
Sec. 144 RCW 5.56.090 and Code 1881 s 401 are each amended to
read as follows:
If the witness be a prisoner confined in a jail or prison within
this state, an order for his or her examination in prison, upon
deposition, or for his or her temporary removal and production before
a court or officer, for the purpose of being orally examined, may be
issued.
Sec. 145 RCW 6.23.040 and 1987 c 442 s 704 are each amended to
read as follows:
(1) If property is redeemed from the purchaser by a redemptioner,
as provided in RCW 6.23.020, another redemptioner may, within sixty
days after the first redemption, redeem it from the first redemptioner.
The property may be again, and as often as a redemptioner is so
disposed, redeemed from any previous redemptioner within sixty days
after the last redemption, and such sixty-day redemption periods may
extend beyond the period prescribed in RCW 6.23.020 for redemption from
the purchaser.
(2) The judgment debtor may also redeem from a redemptioner, but in
all cases the judgment debtor shall have the entire redemption period
prescribed by RCW 6.23.020, but no longer unless the time is extended
under RCW 6.23.030 or 6.23.090. If the judgment debtor redeems, the
effect of the sale is terminated and the estate of the debtor is
restored.
(3) A redemptioner may redeem under this section by paying the sum
paid on the last previous redemption with interest at the rate of eight
percent per annum, and the amount of any assessments or taxes which the
last previous redemptioner paid on the property after redeeming, with
like interest, and the amount of any liens by judgment, decree, deed of
trust, or mortgage, other than the judgment under which the property
was sold, held by the last redemptioner, prior to his or her own, with
interest. A judgment debtor who redeems from a redemptioner under this
section must make the same payments as are required to effect a
redemption by a redemptioner, including any lien by judgment, decree,
deed of trust, or mortgage, other than the judgment under which the
property was sold, held by the redemptioner. A redemptioner who pays
any taxes or assessments, or has or acquires any such lien as herein
mentioned, must file a statement as required under RCW 6.23.050.
Sec. 146 RCW 6.23.110 and 1987 c 442 s 711 are each amended to
read as follows:
(1) Except as provided in this section and RCW 6.23.090, the
purchaser from the day of sale until a resale or redemption, and the
redemptioner from the day of redemption until another redemption, shall
be entitled to the possession of the property purchased or redeemed,
unless the same be in the possession of a tenant holding under an
unexpired lease, and in such case shall be entitled to receive from
such tenant the rents or the value of the use and occupation thereof
during the period of redemption.
(2) If a mortgage contains a stipulation that in case of
foreclosure the mortgagor may remain in possession of the mortgaged
premises after sale and until the period of redemption has expired, the
court shall make its decree to that effect and the mortgagor shall have
such right.
(3) As to any land so sold which is at the time of the sale used
for farming purposes, or which is a part of a farm used, at the time of
sale, for farming purposes, the judgment debtor shall be entitled to
retain possession thereof during the period of redemption and the
purchaser or his or her successor in interest shall, if the judgment
debtor does not redeem, have a lien upon the crops raised or harvested
thereon during said period of redemption, for interest on the purchase
price at the rate of six percent per annum during said period of
redemption and for taxes becoming delinquent during the period of
redemption together with interest thereon.
(4) In case of any homestead as defined in chapter 6.13 RCW and
occupied for that purpose at the time of sale, the judgment debtor
shall have the right to retain possession thereof during the period of
redemption without accounting for issues or for value of occupation.
Sec. 147 RCW 6.25.030 and 1987 c 442 s 803 are each amended to
read as follows:
The writ of attachment may be issued by the court in which the
action is pending on one or more of the following grounds:
(1) That the defendant is a foreign corporation; or
(2) That the defendant is not a resident of this state; or
(3) That the defendant conceals himself or herself so that the
ordinary process of law cannot be served upon him or her; or
(4) That the defendant has absconded or absented himself or herself
from his or her usual place of abode in this state, so that the
ordinary process of law cannot be served upon him or her; or
(5) That the defendant has removed or is about to remove any of his
or her property from this state, with intent to delay or defraud his or
her creditors; or
(6) That the defendant has assigned, secreted, or disposed of, or
is about to assign, secrete, or dispose of, any of his or her property,
with intent to delay or defraud his or her creditors; or
(7) That the defendant is about to convert his or her property, or
a part thereof, into money, for the purpose of placing it beyond the
reach of his or her creditors; or
(8) That the defendant has been guilty of a fraud in contracting
the debt or incurring the obligation for which the action is brought;
or
(9) That the damages for which the action is brought are for
injuries arising from the commission of some felony, gross misdemeanor,
or misdemeanor; or
(10) That the object for which the action is brought is to recover
on a contract, express or implied.
Sec. 148 RCW 6.25.040 and 1987 c 442 s 804 are each amended to
read as follows:
An action may be commenced and the property of a debtor may be
attached previous to the time when the debt becomes due, when nothing
but time is wanting to fix an absolute indebtedness, and when the
complaint and the affidavit allege, in addition to that fact, one or
more of the following grounds:
(1) That the defendant is about to dispose or has disposed of his
or her property in whole or in part with intent to defraud his or her
creditors; or
(2) That the defendant is about to remove from the state and
refuses to make any arrangements for securing the payment of the debt
when it falls due, and the contemplated removal was not known to the
plaintiff at the time the debt was contracted; or
(3) That the debt was incurred for property obtained under false
pretenses.
Sec. 149 RCW 6.32.030 and 1923 c 160 s 1 are each amended to read
as follows:
Any person may be made a party to a supplemental proceeding by
service of a like order in like manner as that required to be served
upon the judgment debtor, and upon proof by affidavit or otherwise, to
the satisfaction of the judge, that execution has been issued and
return made thereon wholly or partially unsatisfied, and also that any
person or corporation has personal property of the judgment debtor of
the value of twenty-five dollars or over, or is indebted to him or her
in said amount, or is holding the title to real estate for the judgment
debtor, or has knowledge concerning the property interests of the
judgment debtor, the judge may make an order requiring such person or
corporation, or an officer thereof, to appear at a specified time and
place before him or her, or a referee appointed by him or her, and
answer concerning the same.
Sec. 150 RCW 6.32.040 and 1893 c 133 s 4 are each amended to read
as follows:
An order requiring a person to attend and be examined, made
pursuant to any provision of this chapter, must require him or her so
to attend and be examined either before the judge to whom the order is
returnable or before a referee designated therein. Where the
examination is taken before a referee, he or she must certify to the
judge to whom the order is returnable all of the evidence and other
proceedings taken before him or her.
Sec. 151 RCW 6.32.050 and 1893 c 133 s 5 are each amended to read
as follows:
Upon an examination made under this chapter, the answer of the
party or witness examined must be under oath. A corporation must
attend by and answer under the oath of an officer thereof, and the
judge may, in his or her discretion, specify the officer. Either party
may be examined as a witness in his or her own behalf, and may produce
and examine other witnesses as upon the trial of an action. The judge
or referee may adjourn any proceedings under this chapter, from time to
time, as he or she thinks proper.
Sec. 152 RCW 6.32.060 and 1893 c 133 s 6 are each amended to read
as follows:
Unless the parties expressly waive the referee's oath, a referee
appointed as prescribed in this chapter must, before entering upon an
examination or taking testimony, subscribe and take an oath that he or
she will faithfully and fairly discharge his or her duty upon the
reference, and make a just and true report according to the best of his
or her understanding. The oath must be returned to the judge with the
report of the testimony.
Sec. 153 RCW 6.32.070 and 1893 c 133 s 7 are each amended to read
as follows:
At any time after the commencement of a special proceeding
authorized by this chapter, and before the appointment of a receiver
therein, or the extension of a receivership thereto, the judge by whom
the order or warrant was granted or to whom it is made returnable, may
in his or her discretion upon proof by affidavit to his or her
satisfaction that a person or corporation is indebted to the judgment
debtor, and upon such notice given to such person or corporation as he
or she deems just, or without notice make an order permitting the
person or corporation to pay the sheriff designated in the order a sum
on account of the alleged indebtedness not exceeding the sum which will
satisfy the execution. A payment thus made is to the extent thereof a
discharge of the indebtedness except as against a transferee from the
judgment debtor in good faith, and for a valuable consideration, of
whose rights the person or corporation had actual or constructive
notice when the payment was made.
Sec. 154 RCW 6.32.080 and 1893 c 133 s 8 are each amended to read
as follows:
Where it appears from the examination or testimony taken in the
special proceedings authorized by this chapter that the judgment debtor
has in his or her possession or under his or her control money or other
personal property belonging to him or her, or that one or more articles
of personal property capable of manual delivery, his or her right to
the possession whereof is not substantially disputed, are in the
possession or under the control of another person, the judge by whom
the order or warrant was granted, or to whom it is returnable, may in
his or her discretion, and upon such notice given to such persons as he
or she deems just, or without notice, make an order directing the
judgment debtor, or other person, immediately to pay the money or
deliver the articles of personal property to a sheriff designated in
the order, unless a receiver has been appointed or a receivership has
been extended to the special proceedings, and in that case to the
receiver.
Sec. 155 RCW 6.32.090 and 1893 c 133 s 9 are each amended to read
as follows:
If the sheriff to whom money is paid or other property is
delivered, pursuant to an order made as prescribed in RCW 6.32.080,
does not then hold an execution upon the judgment against the property
of the judgment debtor, he or she has the same rights and power, and is
subject to the same duties and liabilities with respect to the money or
property, as if the money had been collected or the property had been
levied upon by him or her by virtue of such an execution, except as
provided in RCW 6.32.100.
Sec. 156 RCW 6.32.110 and 1893 c 133 s 11 are each amended to
read as follows:
Where money is paid or property is delivered as prescribed in RCW
6.32.070, 6.32.080, 6.32.090, and 6.32.100 and afterwards the special
proceeding is discontinued or dismissed, or the judgment is satisfied
without resorting to the money or property, or a balance of the money
or of the proceeds of the property, or a part of the property remains
in the sheriff's or receiver's hands after satisfying the judgment and
the costs and expenses of the special proceeding, the judge must make
an order directing the sheriff or receiver to pay the money or deliver
the property so remaining in his or her hands to the debtor, or to such
other person as appears to be entitled thereto, upon payment of his or
her fees and all other sums legally chargeable against the same.
Sec. 157 RCW 6.32.140 and 1893 c 133 s 14 are each amended to
read as follows:
The sheriff, when he or she arrests a judgment debtor by virtue of
a warrant issued as prescribed in this chapter, must deliver to him or
her a copy of the warrant and of the affidavit upon which it was
granted.
Sec. 158 RCW 6.32.160 and 1893 c 133 s 16 are each amended to
read as follows:
The judge may make an order allowing to the judgment creditor a
fixed sum as costs, consisting of his or her witness fees and referee's
fees and other disbursements, and of a sum in addition thereto not
exceeding twenty-five dollars, and directing the payment thereof out of
any money which has come or may come to the hands of the receiver or of
the sheriff within a time specified in the order.
Sec. 159 RCW 6.32.170 and 1923 c 160 s 2 are each amended to read
as follows:
Where the judgment debtor or other person against whom the special
proceeding is instituted has been examined, and property applicable to
the payment of the judgment has not been discovered, the judge may make
an order allowing him or her a sum, not to exceed twenty-five dollars,
as costs, provided that any such sum so allowed the judgment debtor,
shall be set off against the amount due the judgment creditor on his or
her judgment.
Sec. 160 RCW 6.32.180 and 1893 c 133 s 18 are each amended to
read as follows:
A person who refuses, or without sufficient excuse neglects, to
obey an order of a judge or referee made pursuant to any of the
provisions of this chapter, and duly served upon him or her, or an oral
direction given directly to him or her by a judge or referee in the
course of the special proceeding, or to attend before a judge or
referee according to the command of a subpoena duly served upon him or
her, may be punished by the judge of the court out of which the
execution issued, as for contempt.
Sec. 161 RCW 6.32.190 and 1893 c 133 s 19 are each amended to
read as follows:
A judgment debtor who resides or does business in the state cannot
be compelled to attend pursuant to an order made under the provisions
of this chapter at a place without the county where his or her
residence or place of business is situated. Where the judgment debtor
to be examined under this chapter is a corporation the court may cause
such corporation to appear and be examined by making like order or
orders as are prescribed in this chapter, directed to any officer or
officers thereof.
Sec. 162 RCW 6.32.200 and 1893 c 133 s 20 are each amended to
read as follows:
A party or witness examined in a special proceeding authorized by
this chapter is not excused from answering a question on the ground
that his or her examination will tend to convict him or her of a
commission of a fraud, or to prove that he or she has been a party to
or privy to or knowing of a conveyance, assignment, transfer, or other
disposition of property for any purpose; or that he, she, or another
person claims to be entitled as against the judgment creditor or
receiver appointed or to be appointed in the special proceeding to hold
property derived from or through the judgment debtor, or to be
discharged from the payment of a debt which was due to the judgment
debtor or to a person in his or her behalf. But an answer cannot be
used as evidence against the person so answering in a criminal action
or criminal proceeding.
Sec. 163 RCW 6.36.160 and 1953 c 191 s 16 are each amended to
read as follows:
The right of a judgment creditor to bring an action to enforce his
or her judgment instead of proceeding under this chapter remains
unimpaired.
Sec. 164 RCW 7.06.050 and 2002 c 339 s 1 are each amended to read
as follows:
(1) Following a hearing as prescribed by court rule, the arbitrator
shall file his or her decision and award with the clerk of the superior
court, together with proof of service thereof on the parties. Within
twenty days after such filing, any aggrieved party may file with the
clerk a written notice of appeal and request for a trial de novo in the
superior court on all issues of law and fact. Such trial de novo shall
thereupon be held, including a right to jury, if demanded.
(a) Up to thirty days prior to the actual date of a trial de novo,
a nonappealing party may serve upon the appealing party a written offer
of compromise.
(b) In any case in which an offer of compromise is not accepted by
the appealing party within ten calendar days after service thereof, for
purposes of MAR 7.3, the amount of the offer of compromise shall
replace the amount of the arbitrator's award for determining whether
the party appealing the arbitrator's award has failed to improve that
party's position on the trial de novo.
(c) A postarbitration offer of compromise shall not be filed or
communicated to the court or the trier of fact until after judgment on
the trial de novo, at which time a copy of the offer of compromise
shall be filed for purposes of determining whether the party who
appealed the arbitrator's award has failed to improve that party's
position on the trial de novo, pursuant to MAR 7.3.
(2) If no appeal has been filed at the expiration of twenty days
following filing of the arbitrator's decision and award, a judgment
shall be entered and may be presented to the court by any party, on
notice, which judgment when entered shall have the same force and
effect as judgments in civil actions.
Sec. 165 RCW 7.16.180 and 1895 c 65 s 18 are each amended to read
as follows:
The writ may be either alternative or peremptory. The alternative
writ must state generally the allegation against the party to whom it
is directed, and command such party, immediately after the receipt of
the writ, or at some other specified time, to do the act required to be
performed, or to show cause before the court, at a specified time and
place, why he or she has not done so. The peremptory writ must be in
some similar form, except the words requiring the party to show cause
why he or she has not done as commanded must be omitted and a return
(([day])) day inserted.
Sec. 166 RCW 7.16.210 and 1895 c 65 s 21 are each amended to read
as follows:
If an answer be made which raises a question as to a matter of fact
essential to the determination of the motion, and affecting the
substantial rights of the parties, and upon the supposed truth of the
allegation of which the application for the writ is based, the court
may, in its discretion, order the question to be tried before a jury,
and postpone the argument until such trial can be had, and the verdict
certified to the court. The question to be tried must be distinctly
stated in the order for trial, and the county must be designated in
which the same shall be had. The order may also direct the jury to
assess any damages which the appellant may have sustained, in case they
find for him or her.
Sec. 167 RCW 7.16.260 and 1895 c 65 s 26 are each amended to read
as follows:
If judgment be given for the applicant he or she may recover the
damages which he or she has sustained, as found by the jury or as may
be determined by the court or referee, upon a reference to be ordered,
together with costs; and for such damages and costs an execution may
issue, and a peremptory mandate must also be awarded without delay.
Sec. 168 RCW 7.16.310 and 1895 c 65 s 31 are each amended to read
as follows:
The writ must be either alternative or peremptory. The alternative
writ must state generally the allegations against the party to whom it
is directed, and command such party to desist or refrain from further
proceedings in the action or matter specified therein until the further
order of the court from which it is issued, and to show cause before
such court, at a specified time and place, why such party should not be
absolutely restrained from any further proceedings in such action or
matter. The peremptory writ must be in a similar form, except that the
words requiring the party to show cause why he or she should not be
absolutely restrained, etc., must be omitted and a return day inserted.
Sec. 169 RCW 7.25.020 and 1999 c 284 s 3 are each amended to read
as follows:
A complaint shall be prepared and filed in the superior court by
such government entity setting forth such ordinance or resolution and
that it is the purpose of the plaintiff to issue and sell bonds as
stated therein and that it is desired that the right of the plaintiff
to so issue such bonds and sell the same shall be tested and determined
in said action. In said action all interested parties shall be deemed
to be defendants. The title of the action shall be "In re (name of
bond issue)." Upon the filing of the complaint the court shall, upon
the application of the plaintiff, enter an order naming one or more
interested parties upon whom service in said action shall be made as
the representative of all interested parties, except such as may
intervene as herein provided, and in such case the court shall fix and
allow a reasonable ((attorney's)) attorneys' fee in said action to the
attorney who shall represent the representative interested parties as
aforesaid, and such fee and all taxable costs incurred by such
representative interested parties shall be taxed as costs against the
plaintiff: PROVIDED, That if the interested parties appointed by the
court shall default, the court shall appoint an attorney who shall
defend said action on behalf of all interested parties, and such
attorney shall be allowed a reasonable fee and taxable costs to be
taxed against the plaintiff: PROVIDED FURTHER, That after filing the
complaint, the plaintiff shall twice place a notice in a newspaper of
general circulation within the boundaries of the government entity,
stating the title of the action, informing the interested parties that
the action has been commenced testing the validity of the bonds, and
stating that any interested parties, as that term is defined herein,
may intervene in such action and be represented therein by his or her
own attorney. Thereupon, any interested parties who desire to
intervene must apply to the court to intervene within ten days after
the second publication of the notice.
Sec. 170 RCW 7.28.010 and 1911 c 83 s 1 are each amended to read
as follows:
Any person having a valid subsisting interest in real property, and
a right to the possession thereof, may recover the same by action in
the superior court of the proper county, to be brought against the
tenant in possession; if there is no such tenant, then against the
person claiming the title or some interest therein, and may have
judgment in such action quieting or removing a cloud from plaintiff's
title; an action to quiet title may be brought by the known heirs of
any deceased person, or of any person presumed in law to be deceased,
or by the successors in interest of such known heirs against the
unknown heirs of such deceased person or against such person presumed
to be deceased and his or her unknown heirs, and if it shall be made to
appear in such action that the plaintiffs are heirs of the deceased
person, or the person presumed in law to be deceased, or the successors
in interest of such heirs, and have been in possession of the real
property involved in such action for ten years preceding the time of
the commencement of such action, and that during said time no person
other than the plaintiff in the action or his or her grantors has
claimed or asserted any right or title or interest in said property,
the court may adjudge and decree the plaintiff or plaintiffs in such
action to be the owners of such real property, free from all claims of
any unknown heirs of such deceased person, or person presumed in law to
be deceased; and an action to quiet title may be maintained by any
person in the actual possession of real property against the unknown
heirs of a person known to be dead, or against any person where it is
not known whether such person is dead or not, and against the unknown
heirs of such person, and if it shall thereafter transpire that such
person was at the time of commencing such action dead the judgment or
decree in such action shall be as binding and conclusive on the heirs
of such person as though they had been known and named; and in all
actions, under this section, to quiet or remove a cloud from the title
to real property, if the defendant be absent or a nonresident of this
state, or cannot, after due diligence, be found within the state, or
conceals himself or herself to avoid the service of summons, service
may be made upon such defendant by publication of summons as provided
by law; and the court may appoint a trustee for such absent or
nonresident defendant, to make or cancel any deed or conveyance of
whatsoever nature, or do any other act to carry into effect the
judgment or the decree of the court.
Sec. 171 RCW 7.28.110 and Code 1881 s 537 are each amended to
read as follows:
A defendant who is in actual possession may, for answer, plead that
he or she is in possession only as a tenant of another, naming him or
her and his or her place of residence, and thereupon the landlord, if
he or she applies therefor, shall be made defendant in place of the
tenant, and the action shall proceed in all respects as if originally
commenced against him or her. If the landlord does not apply to be
made defendant within the time the tenant is allowed to answer,
thereafter he or she shall not be allowed to, but he or she shall be
made defendant if the plaintiff require it. If the landlord be made
defendant on motion of the plaintiff he or she shall be required to
appear and answer within ten days from notice of the pendency of the
action and the order making him or her defendant, or such further
notice as the court or judge thereof may prescribe.
Sec. 172 RCW 7.28.120 and Code 1881 s 538 are each amended to
read as follows:
The plaintiff in such action shall set forth in his or her
complaint the nature of his or her estate, claim, or title to the
property, and the defendant may set up a legal or equitable defense to
plaintiff's claims; and the superior title, whether legal or equitable,
shall prevail. The property shall be described with such certainty as
to enable the possession thereof to be delivered if a recovery be had.
Sec. 173 RCW 7.28.130 and Code 1881 s 539 are each amended to
read as follows:
The defendant shall not be allowed to give in evidence any estate
in himself, herself, or another in the property, or any license or
right to the possession thereof unless the same be pleaded in his or
her answer. If so pleaded, the nature and duration of such estate, or
license or right to the possession, shall be set forth with the
certainty and particularity required in a complaint. If the defendant
does not defend for the whole of the property, he or she shall specify
for what particular part he or she does defend. In an action against
a tenant, the judgment shall be conclusive against a landlord who has
been made defendant in place of the tenant, to the same extent as if
the action had been originally commenced against him or her.
Sec. 174 RCW 7.28.140 and Code 1881 s 540 are each amended to
read as follows:
The jury by their verdict shall find as follows:
(1) If the verdict be for the plaintiff, that he or she is entitled
to the possession of the property described in the complaint, or some
part thereof, or some undivided share or interest in either, and the
nature and duration of his or her estate in such property, part
thereof, or undivided share or interest, in either, as the case may be.
(2) If the verdict be for the defendant, that the plaintiff is not
entitled to the possession of the property described in the complaint,
or to such part thereof as the defendant defends for, and the estate in
such property or part thereof, or license, or right to the possession
of either established on the trial by the defendant, if any, in effect
as the same is required to be pleaded.
Sec. 175 RCW 7.28.150 and Code 1881 s 541 are each amended to
read as follows:
The plaintiff shall only be entitled to recover damages for
withholding the property for the term of six years next preceding the
commencement of the action, and for any period that may elapse from
such commencement, to the time of giving a verdict therein, exclusive
of the use of permanent improvements made by the defendant. When
permanent improvements have been made upon the property by the
defendant, or those under whom he or she claims holding under color of
title adversely to the claim of the plaintiff, in good faith, the value
thereof at the time of trial shall be allowed as a setoff against such
damages.
Sec. 176 RCW 7.28.160 and 1903 c 137 s 1 are each amended to read
as follows:
In an action for the recovery of real property upon which permanent
improvements have been made or general or special taxes or local
assessments have been paid by a defendant, or those under whom he or
she claims, holding in good faith under color or claim of title
adversely to the claim of plaintiff, the value of such improvements and
the amount of such taxes or assessments with interest thereon from date
of payment must be allowed as a counterclaim to the defendant.
Sec. 177 RCW 7.28.180 and 1903 c 137 s 3 are each amended to read
as follows:
If the judgment be in favor of the plaintiff for the recovery of
the realty, and of the defendant upon the counterclaim, the plaintiff
shall be entitled to recover such damages as he or she may be found to
have suffered through the withholding of the premises and waste
committed thereupon by the defendant or those under whom he or she
claims, but against this recovery shall be offset pro tanto the value
of the permanent improvements and the amount of said taxes and
assessments with interest found as above provided. Should the value of
improvements or taxes or assessments with interest exceed the recovery
for damages, the plaintiff, shall, within two months, pay to the
defendant the difference between the two sums and upon proof, after
notice, to the defendant, that this has been done, the court shall make
an order declaring that fact, and that title to the improvements is
vested in him or her. Should the plaintiff fail to make such payment,
the defendant may at any time within two months after the time limited
for such payment to be made, pay to the plaintiff the value of the land
apart from the improvements, and the amount of the damages awarded
against him or her, and he or she thereupon shall be vested with title
to the land, and, after notice to the plaintiff, the court shall make
an order reciting the fact and adjudging title to be in him or her.
Should neither party make the payment above provided, within the
specified time, they shall be deemed to be tenants in common of the
premises, including the improvements, each holding an interest
proportionate to the value of his or her property determined in the
manner specified in RCW 7.28.170: PROVIDED, That the interest of the
owner of the improvements shall be the difference between the value of
the improvements and the amount of damages recovered against him or her
by the plaintiff.
Sec. 178 RCW 7.28.210 and Code 1881 s 544 are each amended to
read as follows:
The order shall describe the property, and a copy thereof shall be
served upon the defendant, and thereupon the party may enter upon the
property and make such survey and admeasurement; but if any unnecessary
injury be done to the premises, he or she shall be liable therefor.
Sec. 179 RCW 7.28.230 and 1991 c 188 s 1 are each amended to read
as follows:
(1) A mortgage of any interest in real property shall not be deemed
a conveyance so as to enable the owner of the mortgage to recover
possession of the real property, without a foreclosure and sale
according to law: PROVIDED, That nothing in this section shall be
construed as any limitation upon the right of the owner of real
property to mortgage, pledge or assign the rents and profits thereof,
nor as prohibiting the mortgagee, pledgee or assignee of such rents and
profits, or any trustee under a mortgage or trust deed either
contemporaneously or upon the happening of a future event of default,
from entering into possession of any real property, other than farm
lands or the homestead of the mortgagor or his or her successor in
interest, for the purpose of collecting the rents and profits thereof
for application in accordance with the provisions of the mortgage or
trust deed or other instrument creating the lien, nor as any limitation
upon the power of a court of equity to appoint a receiver to take
charge of such real property and collect such rents and profits thereof
for application in accordance with the terms of such mortgage, trust
deed, or assignment.
(2) Until paid, the rents and profits of real property constitute
real property for the purposes of mortgages, trust deeds, or
assignments whether or not said rents and profits have accrued. The
provisions of RCW 65.08.070 as now or hereafter amended shall be
applicable to such rents and profits, and such rents and profits are
excluded from Article 62A.9 RCW.
(3) The recording of an assignment, mortgage, or pledge of unpaid
rents and profits of real property, intended as security, in accordance
with RCW 65.08.070, shall immediately perfect the security interest in
the assignee, mortgagee, or pledgee and shall not require any further
action by the holder of the security interest to be perfected as to any
subsequent purchaser, mortgagee, or assignee. Any lien created by such
assignment, mortgage, or pledge shall, when recorded, be deemed
specific, perfected, and choate even if recorded prior to July 23,
1989.
Sec. 180 RCW 7.28.240 and Code 1881 s 547 are each amended to
read as follows:
In an action by a tenant in common, or a joint tenant of real
property against his or her cotenant, the plaintiff must show, in
addition to his or her evidence of right, that the defendant either
denied the plaintiff's right or did some act amounting to such denial.
Sec. 181 RCW 7.28.250 and Code 1881 s 548 are each amended to
read as follows:
When in the case of a lease of real property and the failure of
tenant to pay rent, the landlord has a subsisting right to reenter for
such failure; he or she may bring an action to recover the possession
of such property, and such action is equivalent to a demand of the rent
and a reentry upon the property. But if at any time before the
judgment in such action, the lessee or his or her successor in interest
as to the whole or a part of the property, pay to the plaintiff, or
bring into court the amount of rent then in arrear, with interest and
cost of action, and perform the other covenants or agreements on the
part of the lessee, he or she shall be entitled to continue in the
possession according to the terms of the lease.
Sec. 182 RCW 7.28.260 and 1909 c 35 s 1 are each amended to read
as follows:
In an action to recover possession of real property, the judgment
rendered therein shall be conclusive as to the estate in such property
and the right of possession thereof, so far as the same is thereby
determined, upon all persons claiming by, through, or under the party
against whom the judgment is rendered, by title or interest passing
after the commencement of the action, if the party in whose favor the
judgment is rendered shall have filed a notice of the pendency of the
action as required by RCW 4.28.320. When service of the notice is made
by publication, and judgment is given for failure to answer, at any
time within two years from the entry thereof, the defendant or his or
her successor in interest as to the whole or any part of the property,
shall, upon application to the court or judge thereof, be entitled to
an order, vacating the judgment and granting him or her a new trial,
upon the payment of the costs of the action.
Sec. 183 RCW 7.28.270 and Code 1881 s 550 are each amended to
read as follows:
If the plaintiff has taken possession of the property before the
judgment is set aside and a new trial granted, as provided in RCW
7.28.260, such possession shall not be thereby affected in any way; and
if judgment be given for defendant in the new trial, he or she shall be
entitled to restitution by execution in the same manner as if he or she
were plaintiff.
Sec. 184 RCW 7.28.280 and Code 1881 s 551 are each amended to
read as follows:
In an action at law, for the recovery of the possession of real
property, if either party claims the property as a donee of the United
States, and under the act of congress approved September 27th, 1850,
commonly called the "Donation law," or the acts amendatory thereof,
such party, from the date of his or her settlement thereon, as provided
in said act, shall be deemed to have a legal estate in fee, in such
property, to continue upon condition that he or she perform the
conditions required by such acts, which estate is unconditional and
indefeasible after the performance of such conditions. In such action,
if both plaintiff and defendant claim title to the same real property,
by virtue of settlement, under such acts, such settlement and
performance of the subsequent condition shall be prima facie presumed
in favor of the party having or claiming under the elder certificate,
or patent, as the case may be, unless it appears upon the face of such
certificate or patent that the same is absolutely void. Any person in
possession, by himself or herself or his or her tenant, of real
property, and any private or municipal corporation in possession by
itself or its tenant of any real property, or when such real property
is not in the actual possession of anyone, any person or private or
municipal corporation claiming title to any real property under a
patent from the United States, or during his, her, or its claim of
title to such real property under a patent from the United States for
such real estate, may maintain a civil action against any person or
persons, corporations, or associations claiming an interest in said
real property or any part thereof, or any right thereto adverse to him,
her, them, or it, for the purpose of determining such claim, estate, or
interest; and where several persons, or private or municipal
corporations are in possession of, or claim as aforesaid, separate
parcels of real property, and an adverse interest is claimed or claim
made in or to any such parcels, by any other person, persons,
corporations, or associations, arising out of a question, conveyance,
statute, grant, or other matter common to all such parcels of real
estate, all or any portion of such persons or corporations so in
possession, or claiming such parcel of real property may unite as
plaintiffs in such suit to determine such adverse claim or interest
against all persons, corporations, or associations claiming such
adverse interest.
Sec. 185 RCW 7.36.010 and Code 1881 s 666 are each amended to
read as follows:
Every person restrained of his or her liberty under any pretense
whatever, may prosecute a writ of habeas corpus to inquire into the
cause of the restraint, and shall be delivered therefrom when illegal.
Sec. 186 RCW 7.36.030 and Code 1881 s 667 are each amended to
read as follows:
Application for the writ shall be made by petition, signed and
verified either by the plaintiff or by some person in his or her
behalf, and shall specify:
(1) By whom the petitioner is restrained of his or her liberty, and
the place where, (naming the parties if they are known, or describing
them if they are not known).
(2) The cause or pretense of the restraint according to the best of
the knowledge and belief of the applicant.
(3) If the restraint be alleged to be illegal, in what the
illegality consists.
Sec. 187 RCW 7.36.050 and Code 1881 s 669 are each amended to
read as follows:
The writ shall be directed to the officer or party having the
person under restraint, commanding him or her to have such person
before the court or judge at such time and place as the court or judge
shall direct to do and receive what shall be ordered concerning him or
her, and have then and there the writ.
Sec. 188 RCW 7.36.060 and Code 1881 s 670 are each amended to
read as follows:
If the writ be directed to the sheriff, it shall be delivered by
the clerk to him or her without delay.
Sec. 189 RCW 7.36.070 and Code 1881 s 671 are each amended to
read as follows:
If the writ be directed to any other person, it shall be delivered
to the sheriff and shall be by him or her served by delivering the same
to such person without delay.
Sec. 190 RCW 7.36.080 and Code 1881 s 672 are each amended to
read as follows:
If the person to whom such writ is directed cannot be found or
shall refuse admittance to the sheriff, the same may be served by
leaving it at the residence of the person to whom it is directed, or by
posting the same ((on [in])) in some conspicuous place, either ((of
[on])) on his or her dwelling house or where the party is confined or
under restraint.
Sec. 191 RCW 7.36.090 and Code 1881 s 673 are each amended to
read as follows:
The sheriff or other person to whom the writ is directed shall make
immediate return thereof, and if he or she refuse after due service to
make return, the court shall enforce obedience by attachment.
Sec. 192 RCW 7.36.100 and Code 1881 s 674 are each amended to
read as follows:
The return must be signed and verified by the person making it, who
shall state:
(1) The authority or cause of the restraint of the party in his or
her custody.
(2) If the authority shall be in writing, he or she shall return a
copy and produce the original on the hearing.
(3) If he or she has had the party in his or her custody or under
his or her restraint, and has transferred him or her to another, he or
she shall state to whom, the time, place, and cause of the transfer.
He or she shall produce the party at the hearing unless prevented by
sickness or infirmity, which must be shown in the return.
Sec. 193 RCW 7.36.190 and Code 1881 s 682 are each amended to
read as follows:
Whenever it shall appear by affidavit that any one is illegally
held in custody or restraint, and that there is good reason to believe
that such person will be carried out of the jurisdiction of the court
or judge before whom the application is made, or will suffer some
irreparable injury before compliance with the writ can be enforced,
such court or judge may cause a warrant to be issued reciting the
facts, and directed to the sheriff or any constable of the county,
commanding him or her to take the person thus held in custody or
restraint, and forthwith bring him or her before the court or judge to
be dealt with according to the law.
Sec. 194 RCW 7.40.020 and Code 1881 s 154 are each amended to
read as follows:
When it appears by the complaint that the plaintiff is entitled to
the relief demanded and the relief, or any part thereof, consists in
restraining the commission or continuance of some act, the commission
or continuance of which during the litigation would produce great
injury to the plaintiff; or when during the litigation, it appears that
the defendant is doing, or threatened, or is about to do, or is
procuring, or is suffering some act to be done in violation of the
plaintiff's rights respecting the subject of the action tending to
render the judgment ineffectual; or where such relief, or any part
thereof, consists in restraining proceedings upon any final order or
judgment, an injunction may be granted to restrain such act or
proceedings until the further order of the court, which may afterwards
be dissolved or modified upon motion. And where it appears in the
complaint at the commencement of the action, or during the pendency
thereof, by affidavit, that the defendant threatens, or is about to
remove or dispose of his or her property with intent to defraud his or
her creditors, a temporary injunction may be granted to restrain the
removal or disposition of his or her property.
Sec. 195 RCW 7.40.090 and Code 1881 s 160 are each amended to
read as follows:
When an injunction is granted upon the hearing, after a temporary
restraining order, the plaintiff shall not be required to enter into a
second bond, unless the former shall be deemed insufficient, but the
plaintiff and his or her surety shall remain liable upon his or her
original bond.
Sec. 196 RCW 7.40.100 and Code 1881 s 161 are each amended to
read as follows:
It shall not be necessary to issue a writ of injunction, but the
clerk shall issue a copy of the order of injunction duly certified by
him or her, which shall be forthwith served by delivering the same to
the adverse party.
Sec. 197 RCW 7.40.110 and Code 1881 s 162 are each amended to
read as follows:
In application to stay proceedings after judgment, the plaintiff
shall endorse upon his or her complaint a release of errors in the
judgment whenever required to do so by the judge or court.
Sec. 198 RCW 7.40.120 and Code 1881 s 163 are each amended to
read as follows:
An order of injunction shall bind every person and officer
restrained from the time he or she is informed thereof.
Sec. 199 RCW 7.40.130 and Code 1881 s 164 are each amended to
read as follows:
When notice of the application for an injunction has been served
upon the adverse party, it shall not be necessary to serve the order
upon him or her, but he or she shall be bound by the injunction as soon
as the bond required of the plaintiff is executed and delivered to the
proper officer.
Sec. 200 RCW 7.40.150 and 1957 c 9 s 12 are each amended to read
as follows:
Whenever it shall appear to any court granting a restraining order
or an order of injunction, or by affidavit, that any person has
((wilfully)) willfully disobeyed the order after notice thereof, such
court shall award an attachment for contempt against the party charged,
or an order to show cause why it should not issue. The attachment or
order shall be issued by the clerk of the court, and directed to the
sheriff, and shall be served by him or her.
Sec. 201 RCW 7.40.160 and Code 1881 s 167 are each amended to
read as follows:
The attachment for contempt shall be immediately served, by
arresting the party charged, and bringing him or her into court, if in
session, to be dealt with as in other cases of contempt; and the court
shall also take all necessary measures to secure and indemnify the
plaintiff against damages in the premises.
Sec. 202 RCW 7.40.170 and 1891 c 56 s 1 are each amended to read
as follows:
If the court is not in session the officer making the arrest shall
cause the person to enter into a bond, with surety, to be approved by
the officer, conditioned that he or she personally appear in open court
whenever his or her appearance shall be required, to answer such
contempt, and that he or she will pay to the plaintiff all his or her
damages and costs occasioned by the breach of the order; and in default
thereof he or she shall be committed to the jail of the county until he
or she shall enter into such bond with surety, or be otherwise legally
discharged.
Sec. 203 RCW 7.42.020 and 1959 c 105 s 2 are each amended to read
as follows:
The prosecuting attorney of every county of the state, in which a
person, firm, or corporation sells or distributes or offers to sell or
distribute or has in his or her possession with intent to sell or
distribute any book, magazine, pamphlet, comic book, story paper,
writing, paper, newspaper, phonograph record, magnetic tape, electric
or mechanical transcription, picture, drawing, photograph, figure,
image, or any written or printed matter of an indecent character, which
is obscene, lewd, lascivious, filthy, or indecent, or which contains an
article or instrument of indecent use or purports to be for indecent
use or purpose, may maintain an action in the name of the state for an
injunction against such person, firm, or corporation in the superior
court to prevent the sale or further sale or the distribution or
further distribution or the acquisition or possession of any book,
magazine, pamphlet, comic book, story paper, writing, paper, newspaper,
phonograph record, magnetic tape, electric or mechanical transcription,
picture, drawing, photograph, figure, or image or any written or
printed matter of indecent character, herein described.
Sec. 204 RCW 7.42.060 and 1959 c 105 s 6 are each amended to read
as follows:
Every person, firm, or corporation who sells, distributes, or
acquires possession with intent to sell or distribute any of the matter
described in RCW 7.42.020, after the service upon him or her of a
summons and complaint in an action brought by the prosecuting attorney
pursuant to this chapter is chargeable with knowledge of the contents
thereof.
Sec. 205 RCW 7.44.010 and Code 1881 s 636 are each amended to
read as follows:
Actions may be commenced upon any agreement in writing before the
time for the performance of the contract expires, when the plaintiff or
his or her agent shall make and file an affidavit with the clerk of the
proper court, that the defendant is about to leave the state without
performing or making provisions for the performance of the contract,
taking with him or her property, moneys, credits, or effects subject to
execution, with intent to defraud plaintiff.
Sec. 206 RCW 7.44.020 and 1891 c 42 (p 81) s 1 are each amended
to read as follows:
At the time of filing the affidavit the plaintiff shall also file
his or her complaint in the action, and thenceforth the action shall
proceed as other actions at law, except as otherwise provided in this
chapter.
Sec. 207 RCW 7.44.021 and 1957 c 51 s 10 are each amended to read
as follows:
Upon such affidavit and complaint being filed, the clerk shall
issue an order of arrest and bail, directed to the sheriff, which shall
be issued, served, and returned in all respects as such orders in other
cases; before such order shall issue the plaintiff shall file in the
office of the clerk a bond, with sufficient surety, to be approved by
the clerk, conditioned that the plaintiff will pay the defendant such
damages and costs as he or she shall wrongfully sustain by reason of
the action, which surety shall justify as provided by law.
Sec. 208 RCW 7.44.030 and 1891 c 42 s 3 are each amended to read
as follows:
The sheriff shall require the defendant to enter into a bond, with
sufficient surety, personally to appear within the time allowed by law
for answering the complaint, and to abide the order of the court; and
in default thereof the defendant shall be committed to prison until
discharged in due course of law; such special bail shall be liable for
the principal, and shall have a right to arrest and deliver him or her
up, as in other cases, and the defendant may give other bail.
Sec. 209 RCW 7.44.031 and Code 1881 s 639 are each amended to
read as follows:
Instead of giving special bail, as above provided, the defendant
shall be entitled to his or her discharge from custody if he or she
will secure the performance of the contract to the satisfaction of the
plaintiff.
Sec. 210 RCW 7.48.030 and Code 1881 s 607 are each amended to
read as follows:
If the order be made, the clerk shall thereafter, at any time
within six months, when requested by the plaintiff, issue such warrant
directed to the sheriff, requiring him or her forthwith to abate the
nuisance at the expense of the defendant, and return the warrant as
soon thereafter as may be, with his or her proceedings indorsed
thereon. The expenses of abating the nuisance may be levied by the
sheriff on the property of the defendant, and in this respect the
warrant is to be deemed an execution against property.
Sec. 211 RCW 7.48.040 and 1957 c 51 s 11 are each amended to read
as follows:
At any time before the order is made or the warrant issues, the
defendant may, on motion to the court or judge thereof, have an order
to stay the issue of such warrant for such period as may be necessary,
not exceeding six months, to allow the defendant to abate the nuisance
himself or herself, upon his or her giving bond to the plaintiff in a
sufficient amount with one or more sureties, to the satisfaction of the
court or judge thereof, that he or she will abate it within the time
and in the manner specified in such order. The sureties shall justify
as provided by law. If the defendant fails to abate such nuisance
within the time specified, the warrant for the abatement of the
nuisance may issue as if the same had not been stayed.
Sec. 212 RCW 7.48.058 and 1979 c 1 s 5 are each amended to read
as follows:
The attorney general, prosecuting attorney, city attorney, city
prosecutor, or any citizen of the county may maintain an action of an
equitable nature in the name of the state of Washington upon the
relation of such attorney general, prosecuting attorney, city attorney,
city prosecutor, or citizen, to abate a moral nuisance, to perpetually
enjoin all persons from maintaining the same, and to enjoin the use of
any structure or thing adjudged to be a moral nuisance.
If such action is instituted by a private person, the complainant
shall execute a bond to the person against whom complaint is made, with
good and sufficient surety to be approved by the court or clerk
thereof, in the sum of not less than five hundred dollars, to secure to
the party enjoined the damages he or she may sustain if such action is
wrongfully brought, and the court finds there was no reasonable grounds
or cause for said action and the case is dismissed for that reason
before trial or for want of prosecution. No bond shall be required of
the attorney general, prosecuting attorney, city attorney, or city
prosecutor, and no action shall be maintained against such public
official for his or her official action when brought in good faith.
Sec. 213 RCW 7.48.076 and 1979 c 1 s 14 are each amended to read
as follows:
If the action is brought by a person who is a citizen of the
county, and the court finds that there were no reasonable grounds or
probable cause for bringing said action, and the case is dismissed
before trial for that reason or for want of prosecution, the costs,
including ((attorney's)) attorneys' fees, may be taxed to such person.
If the existence of the nuisance is established upon the trial, a
judgment shall be entered which shall perpetually enjoin the defendant
and any other person from further maintaining the nuisance at the place
complained of, and the defendant from maintaining such nuisance
elsewhere. The entire expenses of such abatement, including
((attorney's)) attorneys' fees, shall be recoverable by the plaintiff
as a part of his or her costs of the lawsuit.
If the complaint is filed by a person who is a citizen of the
county, it shall not be dismissed except upon a sworn statement by the
complainant and his or her attorney, setting forth the reason why the
action should be dismissed and the dismissal approved by the
prosecuting attorney in writing or in open court. If the judge is of
the opinion that the action should not be dismissed, he or she may
direct the prosecuting attorney to prosecute said action to judgment at
the expense of the county, and if the action is continued for more than
one term of court, any person who is a citizen of the county or has an
office therein, or the attorney general, the prosecuting attorney, city
attorney, or city prosecutor, may be substituted for the complainant
and prosecute said action to judgment.
Sec. 214 RCW 7.48.078 and 1979 c 1 s 15 are each amended to read
as follows:
If the existence of a nuisance is admitted or established in an
action as provided for in RCW 7.48.058 or in a criminal proceeding, an
order of abatement shall be entered as a part of the judgment in the
case, which order shall direct the removal from the place of all
personal property and contents used in conducting the nuisance and not
already released under authority of the court as provided for in RCW
7.48.066 and 7.48.068, and shall direct the sale of such thereof as
belong to the defendants notified or appearing, in the manner provided
for the sale of chattels under execution. Lewd matter shall be
destroyed and shall not be sold.
Such judgment shall impose a penalty of three hundred dollars for
the maintenance of such nuisance, which penalty shall be imposed
against the person or persons found to have maintained the nuisance,
and, in case any owner or agent of the building found to have had
actual or constructive notice of the maintenance of such nuisance,
against such owner or agent, and against the building kept or used for
the purposes of maintaining a moral nuisance, which penalty shall be
collected by execution as in civil actions, and when collected, shall
be paid into the current expense fund of the county in which the
judgment is had.
Such order shall also require the renewal for one year of any bond
furnished by the owner of the real property, as provided in RCW
7.48.068 or, if not so furnished, shall continue for one year any
closing order issued at the time of granting the temporary injunction,
or, if no such closing order was then issued, shall include an order
directing the effectual closing of the place against its use for any
purpose and keeping it closed for a period of one year unless sooner
released.
The owner of any place closed and not released under bond may then
appear and obtain such release in the manner and upon fulfilling the
requirements provided in RCW 7.48.068.
Owners of unsold personal property and contents so seized must
appear and claim the same within ten days after such order of abatement
is made, and prove innocence to the satisfaction of the court of any
knowledge of such use thereof, and that with reasonable care and
diligence they could not have known thereof. If such innocence is
established, such unsold personal property and contents shall be
delivered to the owner, otherwise it shall be sold as provided in this
section. For removing and selling the personal property and contents,
the officer shall be entitled to charge and receive the same fees as he
or she would for levying upon and selling like property on execution;
and for closing the place and keeping it closed, a reasonable sum shall
be allowed by the court.
Sec. 215 RCW 7.48.085 and 1979 c 1 s 17 are each amended to read
as follows:
If a tenant or occupant of a building or tenement, under a lawful
title, uses such place for the purposes of maintaining a moral
nuisance, such use makes void at the option of the owner the lease or
other title under which he or she holds, and without any act of the
owner causes the right of possession to revert and vest in such owner,
who may without process of law make immediate entry upon the premises.
Sec. 216 RCW 7.48.100 and 1979 c 1 s 19 are each amended to read
as follows:
The provisions of any criminal statutes with respect to the
exhibition of, or the possession with the intent to exhibit, any
obscene film shall not apply to a motion picture projectionist, usher,
or ticket taker acting within the scope of his or her employment, if
such projectionist, usher, or ticket taker (1) has no financial
interest in the place wherein he or she is so employed, other than his
or her salary, and (2) freely and willingly gives testimony regarding
such employment in any judicial proceedings brought under RCW 7.48.050
through 7.48.100 as now or hereafter amended, including pretrial
discovery proceedings incident thereto, when and if such is requested,
and upon being granted immunity by the trial judge sitting in such
matters.
Sec. 217 RCW 7.48.110 and 1927 c 94 s 3 are each amended to read
as follows:
If the owner of the building in which a nuisance is found to be
maintained, appears and pays all costs of the proceeding, and files a
bond with sureties to be approved by the clerk in the full value of the
property to be ascertained by the court, conditioned that he or she
will immediately abate said nuisance and prevent the same from being
established or kept therein within a period of one year thereafter, the
court or judge may, if satisfied of his or her good faith, order the
premises, closed under the order of abatement, to be delivered to said
owner, and said order closing the building canceled. The release of
the property under the provisions of this section shall not release it
from any judgment, lien, penalty, or liability to which it may be
subject by law.
Sec. 218 RCW 7.48.210 and Code 1881 s 1243 are each amended to
read as follows:
A private person may maintain a civil action for a public nuisance,
if it is specially injurious to himself or herself but not otherwise.
Sec. 219 RCW 7.48.230 and Code 1881 s 1245 are each amended to
read as follows:
Any person may abate a public nuisance which is specially injurious
to him or her by removing, or if necessary, destroying the thing which
constitutes the same, without committing a breach of the peace, or
doing unnecessary injury.
Sec. 220 RCW 7.48.270 and 1957 c 45 s 3 are each amended to read
as follows:
Instead of issuing such warrant, the court may order the same to be
stayed upon motion of the defendant, and upon his or her entering into
a bond in such sum and with such surety as the court may direct to the
state, conditioned either that the defendant will discontinue said
nuisance, or that within a time limited by the court, and not exceeding
six months, he or she will cause the same to be abated and removed, as
either is directed by the court, and upon his or her default to perform
the condition of his or her bond, the same shall be forfeited, and the
court, upon being satisfied of such default, may order such warrant
forthwith to issue, and an order to show cause why judgment should not
be entered against the sureties of said bond.
Sec. 221 RCW 7.52.030 and Code 1881 s 554 are each amended to
read as follows:
The plaintiff may, at his or her option, make creditors having a
lien upon the property or any portion thereof, other than by a judgment
or decree, defendants in the suit. When the lien is upon an undivided
interest or estate of any of the parties, such lien, if a partition be
made, is thenceforth a lien only on the share assigned to such party;
but such share shall be first charged with its just proportion of the
costs of the partition, in preference to such lien.
Sec. 222 RCW 7.52.060 and Code 1881 s 557 are each amended to
read as follows:
The defendant shall set forth in his or her answer, the nature, and
extent of his or her interest in the property, and if he or she be a
lien creditor, how such lien was created, the amount of the debt
secured thereby and remaining due, and whether such debt is secured in
any other way, and if so, the nature of such other security.
Sec. 223 RCW 7.52.120 and Code 1881 s 563 are each amended to
read as follows:
The expenses of the referees, including those of a surveyor and his
or her assistants, when employed, shall be ascertained and allowed by
the court, and the amount thereof, together with the fees allowed by
law to the referees, shall be paid by the plaintiff and may be allowed
as costs.
Sec. 224 RCW 7.52.160 and 1957 c 51 s 13 are each amended to read
as follows:
If an order of sale be made before the distribution of the proceeds
thereof, the plaintiff shall produce to the court the certificate of
the clerk of the county where the property is situated, showing the
liens remaining unsatisfied, if any, by judgment or decree upon the
property or any portion thereof, and unless he or she do so the court
shall order a referee to ascertain them.
Sec. 225 RCW 7.52.180 and Code 1881 s 569 are each amended to
read as follows:
The plaintiff must cause a notice to be served at least twenty days
before the time for appearance on each person having such lien by
judgment or decree, to appear before the referee at a specified time
and place to make proof by his or her own affidavit or otherwise, of
the true amount due or to become due, contingently or absolutely on his
or her judgment or decree.
Sec. 226 RCW 7.52.190 and Code 1881 s 570 are each amended to
read as follows:
The referee shall receive the evidence and report the names of the
creditors whose liens are established, the amounts due thereon, or
secured thereby, and their priority respectively, and whether
contingent or absolute. He or she shall attach to his or her report
the proof of service of the notices and the evidence before him or her.
Sec. 227 RCW 7.52.200 and Code 1881 s 571 are each amended to
read as follows:
The report of the referee may be excepted to by either party to the
suit, or to the proceedings before the referee, in like manner and with
like effect as in ordinary cases. If a lien creditor be absent from
the state, or his or her residence therein be unknown, and that fact
appear by affidavit, the court or judge thereof may by order direct
that service of the notice may be made upon his or her agent or
attorney of record, or by publication thereof, for such time and in
such manner as the order may prescribe.
Sec. 228 RCW 7.52.290 and Code 1881 s 580 are each amended to
read as follows:
The referees may take separate mortgages, and other securities for
the whole, or convenient portions of the purchase money, of such parts
of the property as are directed by the court to be sold on credit, in
the name of the clerk of the court, and his or her successors in
office; and for the shares of any known owner of full age, in the name
of such owner.
Sec. 229 RCW 7.52.390 and Code 1881 s 590 are each amended to
read as follows:
When a party entitled to a share of the property, or an
encumbrancer entitled to have his or her lien paid out of the sale,
becomes a purchaser, the referees may take his or her receipt for so
much of the proceeds of the sale as belong to him or her.
Sec. 230 RCW 7.52.410 and Code 1881 s 592 are each amended to
read as follows:
When the security for the proceeds of sale is taken, or when an
investment of any such proceeds is made, it shall be done, except as
herein otherwise provided, in the name of the clerk of the court and
his or her successors in office, who shall hold the same for the use
and benefit of the parties interested, subject to the order of the
court.
Sec. 231 RCW 7.52.430 and Code 1881 s 594 are each amended to
read as follows:
The clerk in whose name a security is taken, or by whom an
investment is made, and his or her successors in office, shall receive
the interest and principal as it becomes due, and apply and invest the
same as the court may direct, and shall file in his or her office all
securities taken and keep an account in a book provided and kept for
that purpose in the clerk's office, free for inspection by all persons,
of investments and moneys received by him or her thereon, and the
disposition thereof.
Sec. 232 RCW 7.52.440 and Code 1881 s 595 are each amended to
read as follows:
When it appears that partition cannot be made equal between the
parties according to their respective rights, without prejudice to the
rights and interests of some of them, the court may adjudge
compensation to be made by one party to another on account of the
inequality of partition; but such compensation shall not be required to
be made to others by owners unknown, nor by infants, unless in case of
an infant it appear that he or she has personal property sufficient for
that purpose, and that his or her interest will be promoted thereby.
Sec. 233 RCW 7.52.450 and Code 1881 s 596 are each amended to
read as follows:
When the share of an infant is sold, the proceeds of the sale may
be paid by the referees making the sale, to his or her general
guardian, or the special guardian appointed for him or her in the suit,
upon giving the security required by law, or directed by order of the
court.
Sec. 234 RCW 7.52.460 and 1977 ex.s. c 80 s 9 are each amended to
read as follows:
The guardian or limited guardian who may be entitled to the custody
and management of the estate of an incompetent or disabled person
adjudged incapable of conducting his or her own affairs, whose interest
in real property shall have been sold, may receive in behalf of such
person his or her share of the proceeds of such real property from the
referees, on executing a bond with sufficient sureties, approved by the
judge of the court, conditioned that he or she faithfully discharge the
trust reposed in him or her, and will render a true and just account to
the person entitled, or to his or her legal representative.
Sec. 235 RCW 7.52.470 and 1977 ex.s. c 80 s 10 are each amended
to read as follows:
The general guardian of an infant, and the guardian or limited
guardian entitled to the custody and management of the estate of an
incompetent or disabled person adjudged incapable of conducting his or
her own affairs, who is interested in real estate held in common or in
any other manner, so as to authorize his or her being made a party to
an action for the partition thereof, may consent to a partition without
suit and agree upon the share to be set off to such infant or other
person entitled, and may execute a release in his or her behalf to the
owners of the shares or parts to which they may respectively be
entitled, and upon an order of the court.
Sec. 236 RCW 7.56.010 and Code 1881 s 702 are each amended to
read as follows:
An information may be filed against any person or corporation in
the following cases:
(1) When any person shall usurp, intrude upon, or unlawfully hold
or exercise any public office or franchise within the state, or any
office in any corporation created by the authority of the state.
(2) When any public officer shall have done or suffered any act,
which, by the provisions of law, shall work a forfeiture of his or her
office.
(3) When several persons claim to be entitled to the same office or
franchise, one information may be filed against any or all such persons
in order to try their respective rights to the office or franchise.
(4) When any association or number of persons shall act within this
state as a corporation, without being legally incorporated.
(5) Or where any corporation do, or omit acts which amount to a
surrender or a forfeiture of their rights and privileges as a
corporation, or where they exercise powers not conferred by law.
Sec. 237 RCW 7.56.020 and Code 1881 s 703 are each amended to
read as follows:
The information may be filed by the prosecuting attorney in the
superior court of the proper county, upon his or her own relation,
whenever he or she shall deem it his or her duty to do so, or shall be
directed by the court or other competent authority, or by any other
person on his or her own relation, whenever he or she claims an
interest in the office, franchise, or corporation which is the subject
of the information.
Sec. 238 RCW 7.56.040 and Code 1881 s 705 are each amended to
read as follows:
Whenever an information shall be filed against a person for
usurping an office, by the prosecuting attorney, he or she shall also
set forth therein the name of the person rightfully entitled to the
office, with an averment of his or her right thereto; and when filed by
any other person he or she shall show his or her interest in the
matter, and he or she may claim the damages he or she has sustained.
Sec. 239 RCW 7.56.060 and Code 1881 s 707 are each amended to
read as follows:
In every case wherein the right to an office is contested, judgment
shall be rendered upon the rights of the parties, and for the damages
the relator may show himself or herself entitled to, if any, at the
time of the judgment.
Sec. 240 RCW 7.56.070 and Code 1881 s 708 are each amended to
read as follows:
If judgment be rendered in favor of the relator, he or she shall
proceed to exercise the functions of the office, after he or she has
been qualified as required by law, and the court shall order the
defendant to deliver over all books and papers in his or her custody or
within his or her power, belonging to the office from which he or she
has been ousted.
Sec. 241 RCW 7.56.090 and Code 1881 s 710 are each amended to
read as follows:
When judgment is rendered in favor of the plaintiff, he or she may,
if he or she has not claimed his or her damages in the information,
have his or her action for the damages at any time within one year
after the judgment.
Sec. 242 RCW 7.56.100 and Code 1881 s 711 are each amended to
read as follows:
Whenever any defendant shall be found guilty of any usurpation of
or intrusion into, or unlawfully exercising any office or franchise
within this state, or any office in any corporation created by the
authority of this state, or when any public officer thus charged shall
be found guilty of having done or suffered any act which by the
provisions of the law shall work a forfeiture of his or her office, or
when any association or number of persons shall be found guilty of
having acted as a corporation without having been legally incorporated,
the court shall give judgment of ouster against the defendant or
defendants, and exclude him, her, or them from the office, franchise,
or corporate rights, and in case of corporations that the same shall be
dissolved, and the court shall adjudge costs in favor of the plaintiff.
Sec. 243 RCW 7.56.130 and Code 1881 s 714 are each amended to
read as follows:
When an information is filed by the prosecuting attorney, he or she
shall not be liable for the costs, but when it is filed upon the
relation of a private person such person shall be liable for costs
unless the same are adjudged against the defendant.
Sec. 244 RCW 7.56.140 and Code 1881 s 715 are each amended to
read as follows:
An information may be prosecuted for the purpose of annulling or
vacating any letters patent, certificate, or deed, granted by the
proper authorities of this state, when there is reason to believe that
the same were obtained by fraud or through mistake or ignorance of a
material fact, or when the patentee or those claiming under him or her
have done or omitted an act in violation of the terms on which the
letters, deeds or certificates were granted, or have by any other means
forfeited the interests acquired under the same.
Sec. 245 RCW 7.56.150 and Code 1881 s 716 are each amended to
read as follows:
In such cases, the information may be filed by the prosecuting
attorney upon his or her relation, or by any private person upon his or
her relation showing his or her interest in the subject matter; and the
subsequent proceedings, judgment of the court and awarding of costs,
shall conform to the above provisions, and such letters patent, deed,
or certificate shall be annulled or sustained, according to the right
of the case.
Sec. 246 RCW 7.68.035 and 2009 c 479 s 8 are each amended to read
as follows:
(1)(a) When any person is found guilty in any superior court of
having committed a crime, except as provided in subsection (2) of this
section, there shall be imposed by the court upon such convicted person
a penalty assessment. The assessment shall be in addition to any other
penalty or fine imposed by law and shall be five hundred dollars for
each case or cause of action that includes one or more convictions of
a felony or gross misdemeanor and two hundred fifty dollars for any
case or cause of action that includes convictions of only one or more
misdemeanors.
(b) When any juvenile is adjudicated of any offense in any juvenile
offense disposition under Title 13 RCW, except as provided in
subsection (2) of this section, there shall be imposed upon the
juvenile offender a penalty assessment. The assessment shall be in
addition to any other penalty or fine imposed by law and shall be one
hundred dollars for each case or cause of action that includes one or
more adjudications for a felony or gross misdemeanor and seventy-five
dollars for each case or cause of action that includes adjudications of
only one or more misdemeanors.
(2) The assessment imposed by subsection (1) of this section shall
not apply to motor vehicle crimes defined in Title 46 RCW except those
defined in the following sections: RCW 46.61.520, 46.61.522,
46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 46.52.101,
46.20.410, 46.52.020, ((46.10.130, 46.09.130,)) 46.10.495, 46.09.480,
46.61.5249, 46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015,
46.52.010, 46.44.180, ((46.10.090(2))) 46.10.490(2), and
((46.09.120(2))) 46.09.470(2).
(3) When any person accused of having committed a crime posts bail
in superior court pursuant to the provisions of chapter 10.19 RCW and
such bail is forfeited, there shall be deducted from the proceeds of
such forfeited bail a penalty assessment, in addition to any other
penalty or fine imposed by law, equal to the assessment which would be
applicable under subsection (1) of this section if the person had been
convicted of the crime.
(4) Such penalty assessments shall be paid by the clerk of the
superior court to the county treasurer who shall monthly transmit the
money as provided in RCW 10.82.070. Each county shall deposit fifty
percent of the money it receives per case or cause of action under
subsection (1) of this section and retains under RCW 10.82.070, not
less than one and seventy-five one-hundredths percent of the remaining
money it retains under RCW 10.82.070 and the money it retains under
chapter 3.62 RCW, and all money it receives under subsection (7) of
this section into a fund maintained exclusively for the support of
comprehensive programs to encourage and facilitate testimony by the
victims of crimes and witnesses to crimes. A program shall be
considered "comprehensive" only after approval of the department upon
application by the county prosecuting attorney. The department shall
approve as comprehensive only programs which:
(a) Provide comprehensive services to victims and witnesses of all
types of crime with particular emphasis on serious crimes against
persons and property. It is the intent of the legislature to make
funds available only to programs which do not restrict services to
victims or witnesses of a particular type or types of crime and that
such funds supplement, not supplant, existing local funding levels;
(b) Are administered by the county prosecuting attorney either
directly through the prosecuting attorney's office or by contract
between the county and agencies providing services to victims of crime;
(c) Make a reasonable effort to inform the known victim or his or
her surviving dependents of the existence of this chapter and the
procedure for making application for benefits;
(d) Assist victims in the restitution and adjudication process; and
(e) Assist victims of violent crimes in the preparation and
presentation of their claims to the department of labor and industries
under this chapter.
Before a program in any county west of the Cascade mountains is
submitted to the department for approval, it shall be submitted for
review and comment to each city within the county with a population of
more than one hundred fifty thousand. The department will consider if
the county's proposed comprehensive plan meets the needs of crime
victims in cases adjudicated in municipal, district or superior courts
and of crime victims located within the city and county.
(5) Upon submission to the department of a letter of intent to
adopt a comprehensive program, the prosecuting attorney shall retain
the money deposited by the county under subsection (4) of this section
until such time as the county prosecuting attorney has obtained
approval of a program from the department. Approval of the
comprehensive plan by the department must be obtained within one year
of the date of the letter of intent to adopt a comprehensive program.
The county prosecuting attorney shall not make any expenditures from
the money deposited under subsection (4) of this section until approval
of a comprehensive plan by the department. If a county prosecuting
attorney has failed to obtain approval of a program from the department
under subsection (4) of this section or failed to obtain approval of a
comprehensive program within one year after submission of a letter of
intent under this section, the county treasurer shall monthly transmit
one hundred percent of the money deposited by the county under
subsection (4) of this section to the state treasurer for deposit in
the state general fund.
(6) County prosecuting attorneys are responsible to make every
reasonable effort to insure that the penalty assessments of this
chapter are imposed and collected.
(7) Every city and town shall transmit monthly one and seventy-five
one-hundredths percent of all money, other than money received for
parking infractions, retained under RCW 3.50.100 and 35.20.220 to the
county treasurer for deposit as provided in subsection (4) of this
section.
Sec. 247 RCW 7.68.050 and 1998 c 91 s 1 are each amended to read
as follows:
(1) No right of action at law for damages incurred as a consequence
of a criminal act shall be lost as a consequence of being entitled to
benefits under the provisions of this chapter. The victim or his or
her beneficiary may elect to seek damages from the person or persons
liable for the claimed injury or death, and such victim or beneficiary
is entitled to the full compensation and benefits provided by this
chapter regardless of any election or recovery made pursuant to this
section.
(2) For the purposes of this section, the rights, privileges,
responsibilities, duties, limitations, and procedures contained in RCW
51.24.050 through 51.24.110 apply.
(3) If the recovery involved is against the state, the lien of the
department includes the interest on the benefits paid by the department
to or on behalf of such person under this chapter computed at the rate
of eight percent per annum from the date of payment.
(4) The 1980 amendments to this section apply only to injuries
which occur on or after April 1, 1980.
Sec. 248 RCW 7.68.200 and 1979 ex.s. c 219 s 13 are each amended
to read as follows:
After hearing, as provided in RCW 7.68.210, every person, firm,
corporation, partnership, association, or other legal entity
contracting with any person or the representative or assignee of any
person, accused or convicted of a crime in this state, with respect to
the reenactment of such crime, by way of a movie, book, magazine
article, tape recording, phonograph record, radio or television
presentation, live entertainment of any kind, or from the expression of
such accused or convicted person's thoughts, feelings, opinion, or
emotions regarding such crime, shall submit a copy of such contract to
the department and pay over to the department any moneys which would
otherwise, by terms of such contract, be owing to the person so accused
or convicted or his or her representatives. The department shall
deposit such moneys in an escrow account for the benefit of and payable
to any victim or the legal representative of any victim of crimes
committed by: (((i))) (1) Such convicted person; or (((ii))) (2) such
accused person, but only if such accused person is eventually convicted
of the crime and provided that such victim, within five years of the
date of the establishment of such escrow account, brings a civil action
in a court of competent jurisdiction and recovers a money judgment for
damages against such person or his or her representatives.
Sec. 249 RCW 7.68.240 and 1988 c 155 s 4 are each amended to read
as follows:
Upon a showing by any convicted person or the state that five years
have elapsed from the establishment of such escrow account and further
that no actions are pending against such convicted person pursuant to
RCW 7.68.200 through 7.68.280, the department shall immediately pay
over fifty percent of any moneys in the escrow account to such person
or his or her legal representatives and fifty percent of any moneys in
the escrow account to the fund under RCW 7.68.035(4).
Sec. 250 RCW 7.70.030 and 1975-'76 2nd ex.s. c 56 s 8 are each
amended to read as follows:
No award shall be made in any action or arbitration for damages for
injury occurring as the result of health care which is provided after
June 25, 1976, unless the plaintiff establishes one or more of the
following propositions:
(1) That injury resulted from the failure of a health care provider
to follow the accepted standard of care;
(2) That a health care provider promised the patient or his or her
representative that the injury suffered would not occur;
(3) That injury resulted from health care to which the patient or
his or her representative did not consent.
Unless otherwise provided in this chapter, the plaintiff shall have
the burden of proving each fact essential to an award by a
preponderance of the evidence.
Sec. 251 RCW 7.70.040 and 1983 c 149 s 2 are each amended to read
as follows:
The following shall be necessary elements of proof that injury
resulted from the failure of the health care provider to follow the
accepted standard of care:
(1) The health care provider failed to exercise that degree of
care, skill, and learning expected of a reasonably prudent health care
provider at that time in the profession or class to which he or she
belongs, in the state of Washington, acting in the same or similar
circumstances;
(2) Such failure was a proximate cause of the injury complained of.
Sec. 252 RCW 7.70.050 and 1975-'76 2nd ex.s. c 56 s 10 are each
amended to read as follows:
(1) The following shall be necessary elements of proof that injury
resulted from health care in a civil negligence case or arbitration
involving the issue of the alleged breach of the duty to secure an
informed consent by a patient or his or her representatives against a
health care provider:
(a) That the health care provider failed to inform the patient of
a material fact or facts relating to the treatment;
(b) That the patient consented to the treatment without being aware
of or fully informed of such material fact or facts;
(c) That a reasonably prudent patient under similar circumstances
would not have consented to the treatment if informed of such material
fact or facts;
(d) That the treatment in question proximately caused injury to the
patient.
(2) Under the provisions of this section a fact is defined as or
considered to be a material fact, if a reasonably prudent person in the
position of the patient or his or her representative would attach
significance to it deciding whether or not to submit to the proposed
treatment.
(3) Material facts under the provisions of this section which must
be established by expert testimony shall be either:
(a) The nature and character of the treatment proposed and
administered;
(b) The anticipated results of the treatment proposed and
administered;
(c) The recognized possible alternative forms of treatment; or
(d) The recognized serious possible risks, complications, and
anticipated benefits involved in the treatment administered and in the
recognized possible alternative forms of treatment, including
nontreatment.
(4) If a recognized health care emergency exists and the patient is
not legally competent to give an informed consent and/or a person
legally authorized to consent on behalf of the patient is not readily
available, his or her consent to required treatment will be implied.
Sec. 253 RCW 8.04.090 and 1979 c 151 s 7 are each amended to read
as follows:
In case the state shall require immediate possession and use of the
property sought to be condemned, and an order of necessity shall have
been granted, and no review has been taken therefrom, the attorney
general may stipulate with respondents in accordance with the
provisions of this section and RCW 8.04.092 and 8.04.094 for an order
of immediate possession and use, and file with the clerk of the court
wherein the action is pending, a certificate of the state's requirement
of immediate possession and use of the land, which shall state the
amount of money offered to the respondents and shall further state that
such offer constitutes a continuing tender of such amount. The
attorney general shall file a copy of the certificate with the office
of financial management, which forthwith shall issue and deliver to him
or her a warrant payable to the order of the clerk of the court wherein
the action is pending in a sum sufficient to pay the amount offered,
which shall forthwith be paid into the registry of the court. The
court without further notice to respondent shall enter an order
granting to the state the immediate possession and use of the property
described in the order of necessity, which order shall bind the
petitioner to pay the full amount of any final judgment of compensation
and damages which may thereafter be awarded for the taking and
appropriation of the lands, real estate, premises, or other property
described in the petition and for the injury, if any, to the remainder
of the lands, real estate, premises, or other property from which they
are to be taken by reason of such taking and appropriation, after
offsetting against any and all such compensation and damages the
special benefits, if any, accruing to such remainder by reason of the
appropriation and use by the state of the lands, real estate, premises,
or other property described in the petition. The moneys paid into
court may at any time after entry of the order of immediate possession,
be withdrawn by respondents, by order of the court, as their interests
shall appear.
Sec. 254 RCW 8.04.094 and 1951 c 177 s 3 are each amended to read
as follows:
If any respondent shall elect to demand a trial for the purpose of
assessing just compensation and damages arising from the taking, he or
she shall so move within sixty days from the date of entry of the order
of immediate possession and use, and the issues shall be brought to
trial within one year from the date of such order unless good and
sufficient proof shall be offered and it shall appear therefrom to the
court that the hearing could not have been held within said year. In
the event that no such demand be timely made or having been timely
made, shall not be brought to trial within the limiting period, the
court, upon application of the state, shall enter a decree of
appropriation for the amount paid into court under the provisions of
RCW 8.04.090, as the total sum to which respondents are entitled, and
such decree shall be final and nonappealable.
Sec. 255 RCW 8.04.140 and 1891 c 74 s 8 are each amended to read
as follows:
Any person, corporation, or county claiming to be entitled to any
money paid into court, as provided in RCW 8.04.010 through 8.04.160,
may apply to the court therefor, and upon furnishing evidence
satisfactory to the court that he or she or it is entitled to the same,
the court shall make an order directing the payment to such claimant
the portion of such money as he or she or it shall be found entitled
to; but if, upon application, the court or judge thereof should decide
that the title to the land, real estate, or premises specified in the
application of such claimant was in such condition as to require that
an action be commenced to determine the conflicting claims thereto, he
or she shall refuse such order until such action is commenced and the
conflicting claims to such land, real estate, or premises be determined
according to law.
Sec. 256 RCW 8.04.150 and 1988 c 202 s 8 are each amended to read
as follows:
Either party may seek appellate review of the judgment for damages
entered in the superior court within thirty days after the entry of
judgment as aforesaid, and such review shall bring before the supreme
court or the court of appeals the propriety and justness of the amount
of damages in respect to the parties to the review: PROVIDED HOWEVER,
That upon such review no bond shall be required: AND PROVIDED FURTHER,
That if the owner of land, the real estate or premises accepts the sum
awarded by the jury, the court or the judge thereof, he or she shall be
deemed thereby to have waived conclusively appellate review, and final
judgment by default may be rendered in the superior court as in other
cases: PROVIDED FURTHER, That no review shall operate so as to prevent
the said state of Washington from taking possession of such property
pending review after the amount of said award shall have been paid into
court.
Sec. 257 RCW 8.04.170 and 1917 c 153 s 1 are each amended to read
as follows:
Whenever the governor, as commander-in-chief of the military of
this state, shall deem it necessary to acquire any lands, real estate,
premises, or other property for any military purpose or purposes of
this state, either to add to, enlarge, increase, or otherwise improve
state military facilities now or hereafter existing or to establish new
facilities, the acquisition of which shall have been provided for by
the state, by a county or by a city, or by either, all or any thereof,
upon certificate by the governor of such necessity, proceedings for the
condemnation, appropriation, and taking of the lands, real estate,
premises, or other property so certified to be necessary shall be taken
as follows:
Where the state is to pay the purchase price it shall be the duty
of the attorney general, upon receipt by him or her of said certificate
of the governor, to file a petition in the superior court for the
county in which such lands, real estate, premises, or other property
may be situate praying such condemnation, appropriating, and taking,
which petition shall be prosecuted to a final determination in the
manner by law provided for other condemnation suits brought by or on
behalf of the state;
Where a county is to pay the purchase price it shall be the duty of
the prosecuting attorney of said county upon receipt by him or her of
said certificate of the governor, to file a petition in the superior
court for said county praying such condemnation, appropriation, and
taking, which petition shall be prosecuted to a final determination in
the manner by law provided for other condemnation suits brought by or
on behalf of a county;
Where a city is to pay the purchase price it shall be the duty of
the corporation counsel, city attorney, or other head of the legal
department of said city, upon receipt by him or her of said certificate
of the governor, to file a petition in the superior court for the
county in which said city is situate, praying such condemnation,
appropriation, and taking, which petition shall be prosecuted to a
final determination in the manner by law provided for other
condemnation suits brought by or on behalf of such city;
Where the purchase price is to be paid by the state, a county, and
a city or by the state and a county, or by the state and a city, or by
a county and a city, the condemnation shall be prosecuted to a final
determination in the manner by law provided for either or any thereof,
as the governor may determine, which determination shall be final and
conclusive.
Sec. 258 RCW 8.08.060 and 1949 c 79 s 6 are each amended to read
as follows:
Upon the verdict of the jury or upon the determination of the court
of the compensation or damages to be paid for the real estate or
property appropriated, judgment shall be entered against such county in
favor of the owner or owners of the real estate or property so
appropriated for the amount found as just compensation therefor, and
upon the payment of such amount by such county to the clerk of such
court for the use of the owner or owners or the persons interested in
the premises sought to be taken, the court shall enter a decree of
appropriation of the real estate or property sought to be taken,
thereby vesting the title to the same in such county; and a certified
copy of such decree of appropriation may be filed in the office of the
county auditor of the county wherein the real estate taken is situated
and shall be recorded by such auditor like a deed of real estate and
with like effect. The money so paid to the clerk of the court shall be
by him or her paid to the person or persons entitled thereto upon the
order of the court.
Sec. 259 RCW 8.08.080 and 1988 c 202 s 9 are each amended to read
as follows:
Either party may seek appellate review of the judgment for
compensation of the damages awarded in the superior court within thirty
days after the entry of judgment as aforesaid, and such review shall
bring before the supreme court or the court of appeals the propriety
and justice of the amount of damage in respect to the parties to the
review: PROVIDED, That upon such review no bonds shall be required:
AND PROVIDED FURTHER, That if the owner of land, real estate, or
premises accepts the sum awarded by the jury or the court, he or she
shall be deemed thereby to have waived conclusively appellate review,
and final judgment by default may be rendered in the superior court as
in other cases.
Sec. 260 RCW 8.12.120 and 1907 c 153 s 8 are each amended to read
as follows:
Such jury shall also ascertain the just compensation to be paid to
any person claiming an interest in any lot, parcel of land, or property
which may be taken or damaged by such improvement, whether or not such
person's name or such lot, parcel of land, or other property is
mentioned or described in such petition: PROVIDED, Such person shall
first be admitted as a party defendant to said suit by such court and
shall file a statement of his or her interest in and description of the
lot, parcel of land, or other property in respect to which he or she
claims compensation.
Sec. 261 RCW 8.12.200 and 1993 c 14 s 1 are each amended to read
as follows:
Any final judgment or judgments rendered by said court upon any
finding or findings of any jury or juries, or upon any finding or
findings of the court in case a jury be waived, shall be lawful and
sufficient condemnation of the land or property to be taken, or of the
right to damage the same in the manner proposed, upon the payment of
the amount of such findings and all costs which shall be taxed as in
other civil cases, provided that in case any defendant recovers no
damages, no costs shall be taxed. Such judgment or judgments shall be
final and conclusive as to the damages caused by such improvement
unless appellate review is sought, and review of the same shall not
delay proceedings under said ordinance, if such city shall pay into
court for the owners and parties interested, as directed by the court,
the amount of the judgment and costs, and such city, after making such
payment into court, shall be liable to such owner or owners or parties
interested for the payment of any further compensation which may at any
time be finally awarded to such parties seeking review of said
proceeding, and his or her costs, and shall pay the same on the
rendition of judgment therefor, and abide any rule or order of the
court in relation to the matter in controversy. In case of review by
the supreme court or the court of appeals of the state by any party to
the proceedings the money so paid into the superior court by such city,
as aforesaid, shall remain in the custody of said superior court until
the final determination of the proceedings. If the owner of the land,
real estate, premises, or other property accepts the sum awarded by the
jury or the court, he or she shall be deemed thereby to have waived
conclusively appellate review and final judgment may be rendered in the
superior court as in other cases.
Sec. 262 RCW 8.12.260 and 1907 c 153 s 21 are each amended to
read as follows:
At any time after June 11, 1907, any such city may petition the
superior court of the county in which said city is situated, that a
board of eminent domain commissioners be appointed to make assessments
in all condemnation proceedings instituted by such city. Said superior
court shall thereupon, by order duly entered in its records, appoint
three competent persons as commissioners who shall be known as and who
shall constitute the "board of eminent domain commissioners of the city
of . . . .," and who shall thereafter make assessments in all
condemnation proceedings instituted by such city. The order of the
court shall provide that one of the members of such board shall serve
for one year, one for two years, and one for three years, from the date
of their appointment and until their successors are appointed and
qualified. Annually thereafter, said superior court shall appoint one
such person as such commissioner, whose term shall begin on the same
day of the month on which the first order of appointment was made and
continue for three years thereafter and until his or her successor is
appointed and qualified. If any commissioner shall be disqualified in
any proceeding by reason of interest, or for any other reason, said
superior court shall appoint some other competent person to act in his
or her place in such proceeding.
Sec. 263 RCW 8.12.270 and 1947 c 139 s 1 are each amended to read
as follows:
All commissioners, before entering upon their duties, shall take
and subscribe an oath that they will faithfully perform the duties of
the office to which they are appointed, and will to the best of their
abilities make true and impartial assessments according to law. Every
commissioner shall receive compensation at the rate of ten dollars per
day for each day actually spent in making the assessment herein
provided for: PROVIDED, That in any city of the first class the
superior court of the county in which said city is situated may, by
order duly entered in its record, fix the compensation of each
commissioner in an amount in no case to exceed twenty-five dollars per
day for each day actually spent in making the assessment herein
provided for. Each commissioner shall file in the proceeding in which
he or she has made such assessment his or her account, stating the
number of days he or she has actually spent in said proceeding, and
upon the approval of said account by the judge before whom the
proceeding is pending, the comptroller or city clerk of such city shall
issue a warrant in the amount approved by the judge upon the special
fund created to pay the awards and costs of said proceeding, and the
fees of such commissioner so paid shall be included in the cost and
expense of such proceedings. In case such commissioners are, during
the same period, or parts thereof, engaged in making assessments in
different proceedings, in rendering their accounts they shall apportion
them to the different proceedings in proportion to the amount of time,
actually spent by them on the assessment in each proceeding.
Sec. 264 RCW 8.12.360 and 1915 c 154 s 5 are each amended to read
as follows:
The clerk of the court in which such judgment is rendered shall
certify a copy of the assessment roll and judgment to the treasurer of
the city, or if there has been an appeal taken from any part of such
judgment, then he or she shall certify such part of the roll and
judgment as is not included in such appeal, and the remainder when
final judgment is rendered: PROVIDED, That if upon such appeal, the
judgment of the superior court shall be affirmed, the assessments on
such property as to which appeal has been taken shall bear interest at
the same rate and from the same date which other assessments not paid
within the time hereafter provided shall bear. Such copy of the
assessment roll shall describe the lots, blocks, tracts, parcels of
land, or other property assessed, and the respective amounts assessed
on each, and shall be sufficient warrant to the city treasurer to
collect the assessment therein specified. In no case, however, shall
a copy of such assessment roll and judgment be certified to the city
treasurer unless and until the awards of the jury shall have first been
accepted by the city council or other legislative body as provided by
law, or the time for rejecting the same shall have expired.
Sec. 265 RCW 8.12.370 and 1915 c 154 s 6 are each amended to read
as follows:
Whenever the assessment for any such improvement shall be
immediately payable, the owner of any such lot, tract, or parcel of
land or other property so assessed may pay such entire assessment, or
any part thereof, without interest, within thirty days after the notice
of such assessment.
The city treasurer shall, as soon as the certified copy of the
assessment roll has been placed in his or her hands for collection,
publish a notice in the official newspaper of the city for two
consecutive daily, or two consecutive weekly issues, and then by
posting four notices thereof in public places along the line of the
proposed improvement, that the said roll is in his or her hands for
collection, and that any assessment thereon, or any part thereof, may
be paid within thirty days from the date of the first publication or
posting of said notice, without penalty, interest or costs, and if not
so paid, the same shall thereupon become delinquent.
Sec. 266 RCW 8.12.380 and 1907 c 153 s 33 are each amended to
read as follows:
It shall be the duty of the city treasurer into whose hands such
judgment and assessment roll shall come, to mail notices of such
assessment to the persons whose names appear on the assessment roll, so
far as the addresses of such persons are known to him or her. Any such
treasurer omitting so to do, shall be liable to a penalty of five
dollars for every such omission; but the validity of the special
assessment shall not be affected by such omission. When any assessment
or assessments are paid, it shall be the duty of the treasurer to write
the word "paid" opposite the same together with the name and post
office address of the person making the payment and the date of
payment. The owner may annually notify the treasurer of his or her
address and it shall be the duty of the treasurer to mail the notice
above provided for to such address.
Sec. 267 RCW 8.12.430 and 1985 c 469 s 4 are each amended to read
as follows:
Whenever the assessment for any such improvement shall be payable
in installments, the owner of any lot, tract, or parcel of land or
other property charged with any such assessment may pay the assessment
or any portion thereof, without interest, within thirty days after such
notice of the assessment.
The city treasurer shall, as soon as the certified copy of the
assessment roll has been placed in his or her hands for collection,
publish a notice in the official newspaper of the city for two
consecutive daily or two consecutive weekly issues, that the roll is in
his or her hands for collection and that any assessment thereon or any
portion of any such assessment may be paid at any time within thirty
days from the date of the first publication of the notice without
penalty, interest, or costs, and the unpaid balance, if any, may be
paid in equal annual installments, or any such assessment may be paid
at any time after the first thirty days following the date of the first
publication of the notice by paying the entire unpaid portion thereof
with all penalties and costs attached, together with all interest
thereon to the date of delinquency of the first installment thereof
next falling due.
The notice shall further state that the first installment of the
assessment shall become due and payable during the thirty day period
succeeding a date one year after the date of first publication of the
notice, and annually thereafter each succeeding installment shall
become due and payable in like manner.
If the whole or any portion of any assessment remains unpaid after
the first thirty day period herein provided for, interest upon the
whole unpaid sum shall be charged at the bond rate, and each year
thereafter one of the installments, together with interest due upon the
whole of the unpaid balance, shall be collected, except that where the
assessment is payable in twenty years, installments of interest only
shall be collected for the first ten years, as provided in RCW
8.12.420.
Any installment not paid prior to the expiration of the thirty day
period during which the installment is due and payable, shall thereupon
become delinquent. All delinquent installments shall be subject to a
charge of five percent penalty levied upon both principal and interest
due on the installments, and all delinquent installments, except
installments of interest when the assessment is payable in twenty
years, as provided in RCW 8.12.420, shall, until paid, be subject to a
charge for interest at the bond rate.
The bonds herein provided for shall not be issued prior to twenty
days after the expiration of the thirty days first above mentioned, but
may be issued at any time thereafter. In all cases where any sum is
paid as herein provided, the same shall be paid to the city treasurer,
or to the officer whose duty it is to collect the assessments, and all
sums so paid shall be applied solely to the payment of the awards,
interest and costs of the improvements or the redemption of the bonds
issued therefor.
Sec. 268 RCW 8.12.440 and 1983 c 167 s 14 are each amended to
read as follows:
If the city shall fail, neglect, or refuse to pay said bonds or to
promptly collect any such assessments when due, the owner of any such
bonds may proceed in his or her own name to collect such assessment and
foreclose the lien thereof in any court of competent jurisdiction, and
shall in addition to the principal of such bonds and interest thereon,
recover five percent of such sum, together with the costs of such suit.
Any number of owners of such bonds for any single improvement may join
as plaintiffs and any number of owners of the property on which the
same are a lien may be joined as defendants in such suit.
Sec. 269 RCW 8.12.450 and 1915 c 154 s 16 are each amended to
read as follows:
Neither the holder nor owner of any bond issued under the authority
of this chapter shall have any claim therefor against the city by which
the same is issued, except from the special assessment made for the
improvement for which such bond was issued, but his or her remedy in
case of nonpayment, shall be confined to the enforcement of such
assessments. A copy of this section shall be plainly written, printed,
or engraved on each bond so issued.
Sec. 270 RCW 8.12.490 and 1907 c 153 s 43 are each amended to
read as follows:
Whenever before the sale of any property the amount of any
assessment thereon, with interest and costs accrued thereon, shall be
paid to the treasurer, he or she shall thereupon mark the same paid,
with the date of payment thereof on the assessment roll, and whenever
after sale of any property for any assessments, the same shall be
redeemed, he or she shall thereupon enter the same redeemed with the
date of such redemption on such record. Such entry shall be made on
the margin of the record opposite the description of such property.
Sec. 271 RCW 8.12.500 and 1907 c 153 s 44 are each amended to
read as follows:
If the treasurer shall receive any moneys for assessments, giving
a receipt therefor, for any property and afterwards return the same as
unpaid, or shall receive the same after making such return, and the
same be sold for assessment which has been so paid and receipted for by
himself or herself or his or her clerk or assistant, he or she and his
or her bond shall be liable to the holder of the certificate given to
the purchaser at the sale for the amount of the face of the
certificate, and a penalty of fifteen percent additional thereto
besides legal interest, to be demanded within two years from the date
of the sale and recovered in any court having jurisdiction of the
amount, and the city shall in no case be liable to the holder of such
certificate.
Sec. 272 RCW 8.16.020 and 1909 p 372 s 2 are each amended to read
as follows:
The board of directors of the school district shall present to the
superior court of the state of Washington in and for the county wherein
is situated the real estate desired to be acquired for schoolhouse site
purposes, a petition, reciting that the board of directors of such
school district have selected certain real estate, describing it, as a
schoolhouse site, or as additional grounds to an existing site, for
such school district; that the site so selected, or some part thereof,
describing it, belongs to a person or persons, naming him, her, or
them, that such school district has offered to give the owner or owners
thereof therefor . . . . . . dollars, and that the owner of such real
estate has refused to accept the same therefor; that the board of
school directors of such school district and the said owner or owners
of such real estate are unable to agree upon the compensation to be
paid by such school district to the owner or owners of such real estate
therefor, and praying that a jury be impaneled to ascertain and
determine the compensation to be made in money by such school district
to such owner or owners for the taking of such real estate for the use
as a schoolhouse site for such school district; or in case a jury be
waived in the manner provided by law in other civil actions in courts
of record, then that the compensation to be made as aforesaid, be
ascertained and determined by the court, or judge thereof.
Sec. 273 RCW 8.16.060 and 1909 p 373 s 6 are each amended to read
as follows:
The jury impaneled to hear the evidence and determine the
compensation to be paid to the owner or owners of such real estate
desired for such schoolhouse site purpose shall consist of twelve
persons unless a less number be agreed upon, and shall be selected,
impaneled, and sworn in the same manner that juries in other civil
actions are selected, impaneled, and sworn, provided a juror may be
challenged for cause on the ground that he or she is a taxpayer of the
district seeking the condemnation of any real estate.
Sec. 274 RCW 8.16.110 and 1909 p 374 s 11 are each amended to
read as follows:
Upon the verdict of the jury, or upon the determination by the
court of the compensation to be paid for the property sought to be
taken as herein provided, judgment shall be entered against such school
district in favor of the owner or owners of the real estate sought to
be taken, for the amount found as compensation therefor, and upon the
payment of such amount by such school district to the clerk of such
court for the use of the owner or owners of, and the persons interested
in the premises sought to be taken, the court shall enter a decree of
appropriation of the real estate sought to be taken, thereby vesting
the title to the same in such school district; and a certified copy of
such decree of appropriation may be filed in the office of the county
auditor of the county wherein the real estate taken is situated, and
shall be recorded by such auditor like a deed of real estate, and with
like effect. The money so paid to the clerk of the court shall be by
him or her paid to the person or persons entitled thereto, upon the
order of the court.
Sec. 275 RCW 8.16.130 and 1988 c 202 s 12 are each amended to
read as follows:
Either party may seek appellate review of the judgment for
compensation awarded for the property taken, entered in the superior
court, to the supreme court or the court of appeals of the state within
sixty days after the entry of the judgment, and such review shall bring
before the supreme court or the court of appeals the justness of the
compensation awarded for the property taken, and any error occurring on
the hearing of such matter, prejudicial to the party appealing:
PROVIDED, HOWEVER, That if the owner or owners of the land taken
accepts the sum awarded by the jury or court, he, she, or they shall be
deemed thereby to have waived appellate review.
Sec. 276 RCW 8.16.150 and 1909 p 375 s 15 are each amended to
read as follows:
In all proceedings under this chapter the school district seeking
to acquire title to real estate for a schoolhouse site, shall be
denominated plaintiff, and all other persons interested therein shall
be denominated defendants; and in all such proceedings the clerk of the
superior court wherein any such proceeding is brought shall charge
nothing for his or her services, except in taking an appeal from the
judgment entered in the superior court.
Sec. 277 RCW 8.20.010 and 1890 p 294 s 1 are each amended to read
as follows:
Any corporation authorized by law to appropriate land, real estate,
premises, or other property for right-of-way or any other corporate
purposes, may present to the superior court of the county in which any
land, real estate, premises, or other property sought to be
appropriated shall be situated, or to the judge of such superior court
in any county where he or she has jurisdiction or is holding court, a
petition in which the land, real estate, premises, or other property
sought to be appropriated shall be described with reasonable certainty,
and setting forth the name of each and every owner, encumbrancer, or
other person or party interested in the same, or any part thereof, so
far as the same can be ascertained from the public records, the object
for which the land is sought to be appropriated, and praying that a
jury be impaneled to ascertain and determine the compensation to be
made in money, irrespective of any benefit from any improvement
proposed by such corporation, to such owner or owners, respectively,
and to all tenants, encumbrancers, and others interested, for the
taking or injuriously affecting such lands, real estate, premises, or
other property, or in case a jury be waived as in other civil cases in
courts of record in the manner prescribed by law, then that the
compensation to be made, as aforesaid, be ascertained and determined by
the court, or judge thereof.
Sec. 278 RCW 8.20.110 and 1890 p 299 s 8 are each amended to read
as follows:
Any person, corporation, state or county, claiming to be entitled
to any money paid into court, as provided in RCW 8.20.010 through
8.20.140 may apply to the court therefor, and upon furnishing evidence
satisfactory to the court that he, she, or it is entitled to the same,
the court shall make an order directing the payment to such claimant
the portion of such money as he, she, or it shall be found entitled to;
but if, upon application, the court or judge thereof shall decide that
the title to the land, real estate, premises, or other property
specified in the application of such claimant was in such condition as
to require that an action be commenced to determine the conflicting
claims thereto, he or she shall refuse such order until such action is
commenced and the conflicting claims to such land, real estate,
premises, or other property be determined according to law.
Sec. 279 RCW 8.20.120 and 1988 c 202 s 14 are each amended to
read as follows:
Either party may seek appellate review of the judgment for damages
entered in the superior court within thirty days after the entry of
judgment as aforesaid and such review shall bring before the supreme
court or the court of appeals the propriety and justness of the amount
of damages in respect to the parties to the review: PROVIDED, HOWEVER,
That no bond shall be required of any person interested in the property
sought to be appropriated by such corporation, but in case the
corporation appropriating such land, real estate, premises, or other
property is appellant, it shall give a bond like that prescribed in RCW
8.20.130, to be executed, filed, and approved in the same manner: AND
PROVIDED FURTHER, That if the owner of the land, real estate, premises,
or other property accepts the sum awarded by the jury, the court, or
the judge thereof, he or she shall be deemed thereby to have waived
conclusively appellate review, and final judgment by default may be
rendered in the superior court as in other cases.
Sec. 280 RCW 8.26.020 and 2003 c 254 s 1 are each amended to read
as follows:
As used in this chapter:
(1) The term "state" means any department, commission, agency, or
instrumentality of the state of Washington.
(2) The term "local public agency" applies to any county, city or
town, or other municipal corporation or political subdivision of the
state and any person who has the authority to acquire property by
eminent domain under state law, or any instrumentality of any of the
foregoing.
(3) The term "person" means any individual, partnership,
corporation, or association.
(4)(a) The term "displaced person" means, except as provided in (c)
of this subsection, any person who moves from real property, or moves
his or her personal property from real property:
(i) As a direct result of a written notice of intent to acquire, or
the acquisition of, such real property in whole or in part for a
program or project undertaken by a displacing agency; or
(ii) On which the person is a residential tenant or conducts a
small business, a farm operation, or a business defined in this
section, as a direct result of rehabilitation, demolition, or such
other displacing activity as the lead agency may prescribe, under a
program or project undertaken by a displacing agency in any case in
which the displacing agency determines that the displacement is
permanent.
(b) Solely for the purposes of RCW 8.26.035 (1) and (2) and
8.26.065, the term "displaced person" includes any person who moves
from real property, or moves his or her personal property from real
property:
(i) As a direct result of a written notice of intent to acquire, or
the acquisition of, other real property in whole or in part on which
the person conducts a business or farm operation, for a program or
project undertaken by a displacing agency; or
(ii) As a direct result of rehabilitation, demolition, or such
other displacing activity as the lead agency may prescribe, of other
real property on which the person conducts a business or a farm
operation, under a program or project undertaken by a displacing agency
where the displacing agency determines that the displacement is
permanent.
(c) The term "displaced person" does not include:
(i) A person who has been determined, according to criteria
established by the lead agency, to be either unlawfully occupying the
displacement dwelling or to have occupied the dwelling for the purpose
of obtaining assistance under this chapter; or
(ii) In any case in which the displacing agency acquires property
for a program or project, any person (other than a person who was an
occupant of the property at the time it was acquired) who occupies the
property on a rental basis for a short term or a period subject to
termination when the property is needed for the program or project.
(5) The term "business" means any lawful activity, excepting a farm
operation, conducted primarily:
(a) For the purchase, sale, lease, and rental of personal and real
property, and for the manufacture, processing, or marketing of
products, commodities, or other personal property;
(b) For the sale of services to the public;
(c) By a nonprofit organization; or
(d) Solely for the purposes of RCW 8.26.035, for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of
products, commodities, personal property, or services by the erection
and maintenance of an outdoor advertising display or displays, whether
or not such display or displays are located on the premises on which
any of the above activities are conducted.
(6) The term "farm operation" means any activity conducted solely
or primarily for the production of one or more agricultural products or
commodities, including timber, for sale or for home use, and
customarily producing such products or commodities in sufficient
quantity to be capable of contributing materially to the operator's
support.
(7) The term "comparable replacement dwelling" means any dwelling
that is (a) decent, safe, and sanitary; (b) adequate in size to
accommodate the occupants; (c) within the financial means of the
displaced person; (d) functionally equivalent; (e) in an area not
subject to unreasonably adverse environmental conditions; and (f) in a
location generally not less desirable than the location of the
displaced person's dwelling with respect to public utilities,
facilities, services, and the displaced person's place of employment.
(8) For purposes of RCW 8.26.180 through 8.26.200, the term
"acquiring agency" means:
(a) A state agency or local public agency that has the authority to
acquire property by eminent domain under state law; or
(b) Any state agency, local public agency, or person that (i) does
not have the authority to acquire property by eminent domain under
state law and (ii) has been designated an "acquiring agency" under
rules adopted by the lead agency. However, the lead agency may only
designate a state agency, local public agency, or a person as an
"acquiring agency" to the extent that it is necessary in order to
qualify for federal financial assistance.
(9) The term "displacing agency" means the state agency, local
public agency, or any person carrying out a program or project, with
federal or state financial assistance, that causes a person to be a
displaced person.
(10) The term "federal financial assistance" means a grant, loan,
or contribution provided by the United States, except any federal
guarantee or insurance and any interest reduction payment to an
individual in connection with the purchase and occupancy of a residence
by that individual.
(11) The term "mortgage" means such classes of liens as are
commonly given to secure advances on, or the unpaid purchase price of,
real property, under the laws of this state, together with the credit
instruments, if any, secured thereby.
(12) The term "lead agency" means the Washington state department
of transportation.
(13) The term "appraisal" means a written statement independently
and impartially prepared by a qualified appraiser setting forth an
opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant
market information.
Sec. 281 RCW 8.26.085 and 1988 c 90 s 8 are each amended to read
as follows:
(1) The lead agency, after full consultation with the department of
general administration, shall adopt rules and establish such procedures
as the lead agency may determine to be necessary to assure:
(a) That the payments and assistance authorized by this chapter are
administered in a manner that is fair and reasonable and as uniform as
practicable;
(b) That a displaced person who makes proper application for a
payment authorized for that person by this chapter is paid promptly
after a move or, in hardship cases, is paid in advance; and
(c) That a displaced person who is aggrieved by a program or
project that is under the authority of a state agency or local public
agency may have his or her application reviewed by the state agency or
local public agency.
(2) The lead agency, after full consultation with the department of
general administration, may adopt such other rules and procedures,
consistent with the provisions of this chapter, as the lead agency
deems necessary or appropriate to carry out this chapter.
(3) State agencies and local public agencies shall comply with the
rules adopted pursuant to this section by April 2, 1989.
Sec. 282 RCW 8.26.180 and 1988 c 90 s 12 are each amended to read
as follows:
Every acquiring agency shall, to the greatest extent practicable,
be guided by the following policies:
(1) Every reasonable effort shall be made to acquire expeditiously
real property by negotiation.
(2) Real property shall be appraised before the initiation of
negotiations, and the owner or his or her designated representative
shall be given an opportunity to accompany at least one appraiser of
the acquiring agency during his or her inspection of the property,
except that the lead agency may prescribe a procedure to waive the
appraisal in cases involving the acquisition of property with a low
fair market value.
(3) Before the initiation of negotiations for real property, the
acquiring agency shall establish an amount which it believes to be just
compensation therefor, and shall make a prompt offer to acquire the
property for the full amount so established. In no event shall such
amount be less than the agency's approved appraisal of the fair market
value of such property. Any decrease or increase in the fair market
value of the real property to be acquired prior to the date of
valuation caused by the public improvement for which such property is
acquired, or by the likelihood that the property would be acquired for
such improvement, other than that due to physical deterioration within
the reasonable control of the owner, will be disregarded in determining
the compensation for the property. The acquiring agency shall provide
the owner of real property to be acquired with a written statement of,
and summary of the basis for, the amount it established as just
compensation. Where appropriate the just compensation for the real
property acquired, for damages to remaining real property, and for
benefits to remaining real property shall be separately stated.
(4) No owner shall be required to surrender possession of real
property before the agreed purchase price is paid or deposited with a
court having jurisdiction of condemnation of such property, in
accordance with applicable law, for the benefit of the owner an amount
not less than the acquiring agency's approved appraisal of the fair
market value of such property, or the amount of the award of
compensation in the condemnation proceeding of such property.
(5) The construction or development of a public improvement shall
be so scheduled that, to the greatest extent practicable, no person
lawfully occupying real property shall be required to move from a
dwelling or to move his or her business or farm operation without at
least ninety days written notice of the date by which such move is
required.
(6) If an owner or tenant is permitted to occupy the real property
acquired on a rental basis for a short term or for a period subject to
termination on short notice, the amount of rent required shall not
exceed the fair rental value of the property to a short-term occupier.
(7) In no event shall the time of condemnation be advanced, on
negotiations or condemnation and the deposit of funds in court for the
use of the owner be deferred, or any other coercive action be taken to
compel an agreement on the price to be paid for the property.
(8) If an interest in real property is to be acquired by exercise
of the power of eminent domain, formal condemnation proceedings shall
be instituted. The acquiring agency shall not intentionally make it
necessary for an owner to institute legal proceedings to prove the fact
of the taking of his or her real property.
(9) If the acquisition of only a portion of a property would leave
the owner with an uneconomic remnant, the head of the agency concerned
shall offer to acquire that remnant. For the purposes of this chapter,
an uneconomic remnant is a parcel of real property in which the owner
is left with an interest after the partial acquisition of the owner's
property and that the head of the agency concerned has determined has
little or no value or utility.
(10) A person whose real property is being acquired in accordance
with this chapter may, after the person has been fully informed of his
or her right to receive just compensation for the property, donate the
property, any part thereof, any interest therein, or any compensation
paid for it to any agency as the person may determine.
Sec. 283 RCW 8.26.190 and 1988 c 90 s 13 are each amended to read
as follows:
(1) Where any interest in real property is acquired, the acquiring
agency shall acquire an equal interest in all buildings, structures, or
other improvements located upon the real property so acquired and which
is required to be removed from such real property or which is
determined to be adversely affected by the use to which such real
property will be put.
(2) For the purpose of determining the just compensation to be paid
for any building, structure, or other improvement required to be
acquired under subsection (1) of this section, such building,
structure, or other improvement shall be deemed to be a part of the
real property to be acquired notwithstanding the right or obligation of
a tenant of the lands, as against the owner of any other interest in
the real property, to remove such building, structure, or improvement
at the expiration of his or her term, and the fair market value which
such building, structure, or improvement contributes to the fair market
value of the real property to be acquired, or the fair market value of
such building, structure, or improvement for removal from the real
property, whichever is the greater, shall be paid to the owner of such
building, structure, or improvement.
(3) Payment for such building, structure, or improvement under
subsection (1) of this section shall not result in duplication of any
payments otherwise authorized by state law. No such payment shall be
made unless the owner of the land involved disclaims all interest in
the improvements of the tenant. In consideration for any such payment,
the tenant shall assign, transfer, and release all his or her right,
title, and interest in and to such improvements. Nothing with regard
to the above-mentioned acquisition of buildings, structures, or other
improvements shall be construed to deprive the tenant of any rights to
reject payment and to obtain payment for such property interests in
accordance with other laws of this state.
Sec. 284 RCW 8.28.010 and 1927 c 255 s 104 are each amended to
read as follows:
In all condemnation proceedings brought for the purpose of
appropriating any public land owned by the state or in which the state
has an interest, service of process shall be made upon the commissioner
of public lands.
When in any condemnation proceeding a decree is entered
appropriating public lands owned by the state or in which the state has
an interest, or any interest in or rights over such lands, it shall be
the duty of the plaintiff to cause to be filed in the office of the
commissioner of public lands a certified copy of such decree, together
with a plat of the lands appropriated and the lands contiguous thereto,
in form and substance as prescribed and required by the commissioner of
public lands, showing in detail the lands appropriated, and to pay to
the commissioner of public lands, or into the registry of the court,
the amount of compensation and damages fixed and awarded in the decree.
Upon receipt of such decree, plat, compensation and damages, the
commissioner of public lands shall examine the same, and if he or she
shall find that the final decree and proceedings comply with the
original petition and notice and any amendment duly authorized, and
that no additional interest of the state has been taken or appropriated
through error or mistake, he or she shall cause notations thereof to be
made upon the abstracts, records and tract books in his or her office,
and shall issue to the plaintiff his or her certificate, reciting
compliance, in substance, with the above requirements, particularly
describing the lands appropriated, and shall forthwith transmit the
amount received as compensation and damages to the state treasurer, as
in the case of sale of land, and the subdivision of land through which
any right-of-way is appropriated shall thereafter be sold or leased
subject to the right-of-way.
Sec. 285 RCW 9.01.110 and 1909 c 249 s 23 are each amended to
read as follows:
No person shall be punished for an omission to perform an act when
such act has been performed by another acting in his or her behalf, and
competent to perform it.
Sec. 286 RCW 9.03.020 and 1955 c 298 s 2 are each amended to read
as follows:
Any owner, lessee, or manager who knowingly permits such an unused
refrigerator, icebox, or deep freeze locker to remain on the premises
under his or her control without having the door removed or a portion
of the latch mechanism removed to prevent latching or locking of the
door is guilty of a misdemeanor.
Sec. 287 RCW 9.03.040 and 1955 c 298 s 4 are each amended to read
as follows:
Any person who keeps or stores refrigerators, iceboxes, or deep
freeze lockers for the purpose of selling or offering them for sale
shall not be guilty of a violation of this chapter if he or she takes
reasonable precautions to effectively secure the door of any
refrigerator, icebox, or deep freeze locker held for purpose of sale so
as to prevent entrance of children small enough to fit into such
articles.
Sec. 288 RCW 9.04.080 and 1961 c 189 s 4 are each amended to read
as follows:
In the enforcement of RCW 9.04.050 through 9.04.080 the official
enforcing RCW 9.04.050 through 9.04.080 may accept an assurance of
discontinuance of any act or practice deemed in violation of RCW
9.04.050 through 9.04.080, from any person engaging in, or who has
engaged in such act or practice. Any such assurance shall be in
writing and be filed with and subject to the approval of the superior
court of the county in which the alleged violator resides or has his or
her principal place of business, or in Thurston county. A violation of
such assurance shall constitute prima facie proof of a violation of RCW
9.04.050 through 9.04.080: PROVIDED, That after commencement of any
action by a prosecuting attorney, as provided herein, the attorney
general may not accept an assurance of discontinuance without the
consent of the prosecuting attorney.
Sec. 289 RCW 9.16.060 and 1909 c 249 s 347 are each amended to
read as follows:
Every person who shall for himself or herself, or on behalf of any
other person, corporation, association, or union, procure the filing of
any label, trademark, term, design, device, or form of advertisement,
with the secretary of state by any fraudulent means, shall be guilty of
a misdemeanor.
Sec. 290 RCW 9.16.100 and 1909 c 249 s 428 are each amended to
read as follows:
Every person who shall make, sell or offer to sell or dispose of,
or have in his or her possession with intent to sell or dispose of any
metal article marked, stamped or branded with the words "sterling,"
"sterling silver," or "solid silver," unless nine hundred twenty-five
one-thousandths of the component parts of the metal of which such
article and all parts thereof is manufactured is pure silver, shall be
guilty of a gross misdemeanor.
Sec. 291 RCW 9.16.110 and 1909 c 249 s 429 are each amended to
read as follows:
Every person who shall make, sell or offer to sell or dispose of,
or have in his or her possession with intent to dispose of any metal
article marked, stamped or branded with the words "coin," or "coin
silver," unless nine hundred one-thousandths of the component parts of
the metal of which such article and all parts thereof is manufactured,
is pure silver, shall be guilty of a gross misdemeanor.
Sec. 292 RCW 9.16.120 and 1909 c 249 s 430 are each amended to
read as follows:
Every person who shall make, sell, offer to sell or dispose of, or
have in his or her possession with intent to sell or dispose of, any
article comprised of leather, shell, ivory, celluloid, pearl, glass,
porcelain, pottery, steel or wood, to which is applied or attached a
metal mounting marked, stamped or branded with the words "sterling," or
"sterling silver," unless nine hundred twenty-five one-thousandths of
the component parts of the metal of which such metal mounting is
manufactured is pure silver, shall be guilty of a gross misdemeanor.
Sec. 293 RCW 9.16.130 and 1909 c 249 s 431 are each amended to
read as follows:
Every person who shall make, sell, offer to sell or dispose of, or
have in his or her possession with intent to sell or dispose of, any
article comprised of leather, shell, ivory, celluloid, pearl, glass,
porcelain, pottery, steel or wood, to which is applied or attached a
metal mounting marked, stamped or branded with the words "coin" or
"coin silver," unless nine hundred one-thousandths of the component
parts of the metal of which such metal mounting is manufactured is pure
silver, shall be guilty of a gross misdemeanor.
Sec. 294 RCW 9.16.140 and 1909 c 249 s 432 are each amended to
read as follows:
Every person who shall make, sell, offer to sell or dispose of, or
have in his or her possession with intent to sell or dispose of, any
article constructed wholly or in part of gold, or of an alloy of gold,
and marked, stamped or branded in such manner as to indicate that the
gold or alloy of gold in such article is of a greater degree or carat
of fineness, by more than one carat, than the actual carat or fineness
of such gold or alloy of gold, shall be guilty of a gross misdemeanor.
Sec. 295 RCW 9.18.080 and 1909 c 249 s 78 are each amended to
read as follows:
Every person offending against any of the provisions of law
relating to bribery or corruption shall be a competent witness against
another so offending and shall not be excused from giving testimony
tending to criminate himself or herself.
Sec. 296 RCW 9.38.010 and 1909 c 249 s 368 are each amended to
read as follows:
Every person who, with intent thereby to obtain credit or financial
rating, shall ((wilfully)) willfully make any false statement in
writing of his or her assets or liabilities to any person with whom he
or she may be either actually or prospectively engaged in any business
transaction or to any commercial agency or other person engaged in the
business of collecting or disseminating information concerning
financial or commercial ratings, shall be guilty of a misdemeanor.
Sec. 297 RCW 9.44.080 and 1999 c 143 s 4 are each amended to read
as follows:
In a situation not covered by RCW ((29.79.440, 29.79.490,
29.82.170, or 29.82.220)) 29A.84.220, 29A.84.230, 29A.84.240, or
29A.84.250, every person who shall willfully sign the name of another
person or of a fictitious person, or for any consideration, gratuity or
reward shall sign his or her own name to or withdraw his or her name
from any referendum or other petition circulated in pursuance of any
law of this state or any municipal ordinance; or in signing his or her
name to such petition shall willfully subscribe to any false statement
concerning his or her age, citizenship, residence or other
qualifications to sign the same; or knowing that any such petition
contains any such false or wrongful signature or statement, shall file
the same, or put the same off with intent that it should be filed, as
a true and genuine petition, shall be guilty of a misdemeanor.
Sec. 298 RCW 9.45.060 and 1971 c 61 s 1 are each amended to read
as follows:
Every person being in possession thereof, who shall sell, remove,
conceal, convert to his or her own use, or destroy or connive at or
consent to the sale, removal, conversion, concealment, or destruction
of any personal property or any part thereof, upon which a security
agreement, mortgage, lien, conditional sales contract, rental
agreement, or lease exists, with intent to hinder, delay, or defraud
the secured party of such security agreement, or the holder of such
mortgage, lien, or conditional sales contract or the lessor under such
lease or rentor ((of [under])) under such rental agreement, or any
assignee of such security agreement, mortgage, lien, conditional sales
contract, rental agreement or lease shall be guilty of a gross
misdemeanor.
In any prosecution under this section any allegation containing a
description of the security agreement, mortgage, lien, conditional
sales contract, rental agreement, or lease by reference to the date
thereof and names of the parties thereto, shall be sufficiently
definite and certain.
The provisions of this section shall be cumulative and nonexclusive
and shall not affect any other criminal provision.
Sec. 299 RCW 9.45.080 and 1909 c 249 s 379 are each amended to
read as follows:
Every person who, with intent to defraud a prior or subsequent
purchaser thereof, or prevent any of his or her property being made
liable for the payment of any of his or her debts, or levied upon by an
execution or warrant of attachment, shall remove any of his or her
property, or secrete, assign, convey, or otherwise dispose of the same,
or with intent to defraud a creditor shall remove, secrete, assign,
convey, or otherwise dispose of any of his or her books or accounts,
vouchers or writings in any way relating to his or her business
affairs, or destroy, obliterate, alter, or erase any of such books of
account, accounts, vouchers, or writing or any entry, memorandum, or
minute therein contained, shall be guilty of a gross misdemeanor.
Sec. 300 RCW 9.45.090 and 1909 c 249 s 380 are each amended to
read as follows:
Every person who shall receive any property or conveyance thereof
from another, knowing that the same is transferred or delivered to him
or her in violation of, or with the intent to violate RCW 9.45.080,
shall be guilty of a misdemeanor.
Sec. 301 RCW 9.45.100 and 1909 c 249 s 381 are each amended to
read as follows:
Every person who, having made, or being about to make, a general
assignment of his or her property to pay his or her debts, shall by
color or aid of any false or fraudulent representation, pretense,
token, or writing induce any creditor to participate in the benefits of
such assignments, or to give any release or discharge of his or her
claim or any part thereof, or shall connive at the payment in whole or
in part of any false, fraudulent or fictitious claim, shall be guilty
of a gross misdemeanor.
Sec. 302 RCW 9.46.050 and 1984 c 287 s 9 are each amended to read
as follows:
(1) Upon appointment of the initial membership the commission shall
meet at a time and place designated by the governor and proceed to
organize, electing one of such members as ((chairman)) chair of the
commission who shall serve until July 1, 1974; thereafter a
((chairman)) chair shall be elected annually.
(2) A majority of the members shall constitute a quorum of the
commission: PROVIDED, That all actions of the commission relating to
the regulation of licensing under this chapter shall require an
affirmative vote by three or more members of the commission.
(3) The principal office of the commission shall be at the state
capitol, and meetings shall be held at least quarterly and at such
other times as may be called by the ((chairman)) chair or upon written
request to the ((chairman)) chair of a majority of the commission.
(4) Members shall be compensated in accordance with RCW 43.03.250
and shall receive reimbursement for travel expenses incurred in the
performance of their duties as provided in RCW 43.03.050 and 43.03.060.
(5) Before entering upon the duties of his or her office, each of
the members of the commission shall enter into a surety bond executed
by a surety company authorized to do business in this state, payable to
the state of Washington, to be approved by the governor, in the penal
sum of fifty thousand dollars, conditioned upon the faithful
performance of his or her duties, and shall take and subscribe to the
oath of office prescribed for elective state officers, which oath and
bond shall be filed with the secretary of state. The premium for said
bond shall be paid by the commission.
(6) Any member of the commission may be removed for inefficiency,
malfeasance, or misfeasance in office, upon specific written charges
filed by the governor, who shall transmit such written charges to the
member accused and to the chief justice of the supreme court. The
chief justice shall thereupon designate a tribunal composed of three
judges of the superior court to hear and adjudicate the charges. Such
tribunal shall fix the time of the hearing, which shall be public, and
the procedure for the hearing, and the decision of such tribunal shall
be final. Removal of any member of the commission by the tribunal
shall disqualify such member for reappointment.
Sec. 303 RCW 9.46.130 and 1981 c 139 s 10 are each amended to
read as follows:
The premises and paraphernalia, and all the books and records of
any person, association, or organization conducting gambling activities
authorized under this chapter and any person, association, or
organization receiving profits therefrom or having any interest therein
shall be subject to inspection and audit at any reasonable time, with
or without notice, upon demand, by the commission or its designee, the
attorney general or his or her designee, the chief of the Washington
state patrol or his or her designee or the prosecuting attorney,
sheriff, or director of public safety or their designees of the county
wherein located, or the chief of police or his or her designee of any
city or town in which said organization is located, for the purpose of
determining compliance or noncompliance with the provisions of this
chapter and any rules or regulations or local ordinances adopted
pursuant thereto. A reasonable time for the purpose of this section
shall be: (1) If the items or records to be inspected or audited are
located anywhere upon a premises any portion of which is regularly open
to the public or members and guests, then at any time when the premises
are so open, or at which they are usually open; or (2) if the items or
records to be inspected or audited are not located upon a premises set
out in subsection (1) ((above)) of this section, then any time between
the hours of 8:00 a.m. and 9:00 p.m., Monday through Friday.
The commission shall be provided at such reasonable intervals as
the commission shall determine with a report, under oath, detailing all
receipts and disbursements in connection with such gambling activities
together with such other reasonable information as required in order to
determine whether such activities comply with the purposes of this
chapter or any local ordinances relating thereto.
Sec. 304 RCW 9.46.200 and 1987 c 4 s 41 are each amended to read
as follows:
In addition to any other penalty provided for in this chapter,
every person, directly or indirectly controlling the operation of any
gambling activity authorized by this chapter, including a director,
officer, and/or manager of any association, organization, or
corporation conducting the same, whether charitable, nonprofit, or
profit, shall be liable, jointly and severally, for money damages
suffered by any person because of any violation of this chapter,
together with interest on any such amount of money damages at six
percent per annum from the date of the loss, and reasonable attorneys'
fees: PROVIDED, That if any such director, officer, and/or manager did
not know any such violation was taking place and had taken all
reasonable care to prevent any such violation from taking place, and if
such director, officer, and/or manager shall establish by a
preponderance of the evidence that he or she did not have such
knowledge and that he or she had exercised all reasonable care to
prevent the violations he or she shall not be liable hereunder. Any
civil action under this section may be considered a class action.
Sec. 305 RCW 9.46.250 and 1987 c 4 s 45 are each amended to read
as follows:
(1) All gambling premises are common nuisances and shall be subject
to abatement by injunction or as otherwise provided by law. The
plaintiff in any action brought under this subsection against any
gambling premises, need not show special injury and may, in the
discretion of the court, be relieved of all requirements as to giving
security.
(2) When any property or premise held under a mortgage, contract,
or leasehold is determined by a court having jurisdiction to be a
gambling premises, all rights and interests of the holder therein shall
terminate and the owner shall be entitled to immediate possession at
his or her election: PROVIDED, HOWEVER, That this subsection shall not
apply to those premises in which activities authorized by this chapter
or any act or acts in furtherance thereof are carried on when conducted
in compliance with the provisions of this chapter and in accordance
with the rules and regulations adopted pursuant thereto.
(3) When any property or premises for which one or more licenses
issued by the commission are in effect, is determined by a court having
jurisdiction to be a gambling premise, all such licenses may be voided
and no longer in effect, and no license so voided shall be issued or
reissued for such property or premises for a period of up to sixty days
thereafter. Enforcement of this subsection shall be the duty of all
peace officers and all taxing and licensing officials of this state and
its political subdivisions and other public agencies. This subsection
shall not apply to property or premises in which activities authorized
by this chapter, or any act or acts in furtherance thereof, are carried
on when conducted in compliance with the provisions of this chapter and
in accordance with the rules and regulations adopted pursuant thereto.
Sec. 306 RCW 9.47.100 and 1909 c 249 s 225 are each amended to
read as follows:
Every person, whether in his or her own behalf, or as the servant,
agent, or employee of another person, within or outside of this state,
who shall buy or sell for another, or execute any order for the
purchase or sale of any commodities, securities, or property, upon
margin or credit, whether for immediate or future delivery, shall, upon
written demand therefor, furnish such principal or customer with a
written statement containing the names of the persons from whom such
property was bought, or to whom it has been sold, as the case may be,
the time when, the place where, the amount of, and the price at which
the same was either bought or sold; and if such person shall refuse or
neglect to furnish such statement within forty-eight hours after such
written demand, such refusal shall be prima facie evidence as against
him or her that such purchase or sale was made in violation of RCW
9.47.090.
Sec. 307 RCW 9.47A.040 and 1984 c 68 s 4 are each amended to read
as follows:
No person may sell, offer to sell, deliver, or give to any other
person any container of a substance containing a solvent having the
property of releasing toxic vapors or fumes, if he or she has knowledge
that the product sold, offered for sale, delivered, or given will be
used for the purpose set forth in RCW 9.47A.020.
Sec. 308 RCW 9.51.020 and 1909 c 249 s 76 are each amended to
read as follows:
Every person who shall, directly or indirectly, solicit or request
any person charged with the duty of preparing any jury list to put his
or her name, or the name of any other person, on any such list, shall
be guilty of a gross misdemeanor.
Sec. 309 RCW 9.51.040 and 1909 c 249 s 121 are each amended to
read as follows:
Every grand juror who, with knowledge that a challenge interposed
against him or her by a defendant has been allowed, shall be present
at, or take part, or attempt to take part, in the consideration of the
charge against the defendant who interposed such challenge, or the
deliberations of the grand jury thereon, shall be guilty of a
misdemeanor.
Sec. 310 RCW 9.51.050 and 1909 c 249 s 126 are each amended to
read as follows:
Every judge, grand juror, prosecuting attorney, clerk,
stenographer, or other officer who, except in the due discharge of his
or her official duty, shall disclose the fact that a presentment has
been made or indictment found or ordered against any person, before
such person shall be in custody; and every grand juror, clerk, or
stenographer who, except when lawfully required by a court or officer,
shall disclose any evidence adduced before the grand jury, or any
proceeding, discussion, or vote of the grand jury or any member
thereof, shall be guilty of a misdemeanor.
Sec. 311 RCW 9.51.060 and 1909 c 249 s 127 are each amended to
read as follows:
Every clerk of any court or other officer who shall ((wilfully))
willfully permit any deposition, or the transcript of any testimony,
returned by a grand jury and filed with such clerk or officer, to be
inspected by any person except the court, the deputies or assistants of
such clerk, and the prosecuting attorney and his or her deputies, until
after the arrest of the defendant, shall be guilty of a misdemeanor.
Sec. 312 RCW 9.54.130 and 1909 c 249 s 357 are each amended to
read as follows:
The officer arresting any person charged as principal or accessory
in any robbery or larceny shall use reasonable diligence to secure the
property alleged to have been stolen, and after seizure shall be
answerable therefor while it remains in his or her hands, and shall
annex a schedule thereof to his or her return of the warrant.
Whenever the prosecuting attorney shall require such property for
use as evidence upon the examination or trial, such officer, upon his
or her demand, shall deliver it to him or her and take his or her
receipt therefor, after which such prosecuting attorney shall be
answerable for the same.
Sec. 313 RCW 9.55.020 and 1909 c 249 s 86 are each amended to
read as follows:
Every person duly summoned to attend as a witness before either
house of the legislature of this state, or any committee thereof
authorized to summon witnesses, who shall refuse or neglect, without
lawful excuse, to attend pursuant to such summons, or who shall
((wilfully)) willfully refuse to be sworn or to affirm or to answer any
material or proper question or to produce, upon reasonable notice, any
material or proper books, papers or documents in his or her possession
or under his or her control, shall be guilty of a gross misdemeanor.
Sec. 314 RCW 9.61.190 and 1987 c 456 s 25 are each amended to
read as follows:
It is a class 1 civil infraction for any person, other than the
owner thereof or his or her authorized agent, to knowingly shoot, kill,
maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing
Pigeon, commonly called "carrier or racing pigeons", having the name of
its owner stamped upon its wing or tail or bearing upon its leg a band
or ring with the name or initials of the owner or an identification or
registration number stamped thereon.
Sec. 315 RCW 9.61.200 and 1987 c 456 s 26 are each amended to
read as follows:
It is a class 2 civil infraction for any person other than the
owner thereof or his or her authorized agent to remove or alter any
stamp, leg band, ring, or other mark of identification attached to any
Antwerp Messenger or Racing Pigeon.
Sec. 316 RCW 9.61.240 and 1967 c 16 s 2 are each amended to read
as follows:
Any person who knowingly permits any telephone under his or her
control to be used for any purpose prohibited by RCW 9.61.230 shall be
guilty of a misdemeanor.
Sec. 317 RCW 9.62.020 and 1909 c 249 s 124 are each amended to
read as follows:
Every person who shall institute or prosecute any action or other
proceeding in the name of another, without his or her consent and
contrary to law, shall be guilty of a gross misdemeanor.
Sec. 318 RCW 9.68.070 and 1992 c 5 s 4 are each amended to read
as follows:
In any prosecution for violation of RCW 9.68.060, it shall be a
defense that:
(1) If the violation pertains to a motion picture or sound
recording, the minor was accompanied by a parent, parent's spouse, or
guardian; or
(2) Such minor exhibited to the defendant a draft card, driver's
license, birth certificate, or other official or an apparently official
document purporting to establish such minor was over the age of
eighteen years; or
(3) Such minor was accompanied by a person who represented himself
or herself to be a parent, or the spouse of a parent, or a guardian of
such minor, and the defendant in good faith relied upon such
representation.
Sec. 319 RCW 9.68.080 and 1969 ex.s. c 256 s 16 are each amended
to read as follows:
(1) It shall be unlawful for any minor to misrepresent his or her
true age or his or her true status as the child, stepchild, or ward of
a person accompanying him or her, for the purpose of purchasing or
obtaining access to any material described in RCW 9.68.050.
(2) It shall be unlawful for any person accompanying such minor to
misrepresent his or her true status as parent, spouse of a parent, or
guardian of any minor for the purpose of enabling such minor to
purchase or obtain access to material described in RCW 9.68.050.
Sec. 320 RCW 9.68.090 and 1992 c 5 s 3 are each amended to read
as follows:
No retailer, wholesaler, or exhibitor is to be deprived of service
from a wholesaler or wholesaler-distributor of books, magazines, motion
pictures, sound recordings, or other materials or subjected to loss of
his or her franchise or right to deal or exhibit as a result of his or
her attempts to comply with this statute. Any publisher, distributor,
or other person, or combination of such persons, which withdraws or
attempts to withdraw a franchise or other right to sell at retail,
wholesale or exhibit materials on account of the retailer's,
wholesaler's, or exhibitor's attempts to comply with RCW 9.68.050
through 9.68.120 shall incur civil liability to such retailer,
wholesaler, or exhibitor for threefold the actual damages resulting
from such withdrawal or attempted withdrawal.
Sec. 321 RCW 9.68.110 and 1969 ex.s. c 256 s 19 are each amended
to read as follows:
The provisions of RCW 9.68.050 through 9.68.120 shall not apply to
acts done in the scope of his or her employment by a motion picture
operator or projectionist employed by the owner or manager of a theatre
or other place for the showing of motion pictures, unless the motion
picture operator or projectionist has a financial interest in such
theatre or place wherein he or she is so employed or unless he or she
caused to be performed or exhibited such performance or motion picture
without the knowledge and consent of the manager or owner of the
theatre or other place of showing.
Sec. 322 RCW 9.68.130 and 1975 1st ex.s. c 156 s 1 are each
amended to read as follows:
(1) A person is guilty of unlawful display of sexually explicit
material if he or she knowingly exhibits such material on a viewing
screen so that the sexually explicit material is easily visible from a
public thoroughfare, park or playground or from one or more family
dwelling units.
(2) "Sexually explicit material" as that term is used in this
section means any pictorial material displaying direct physical
stimulation of unclothed genitals, masturbation, sodomy (i.e.
bestiality or oral or anal intercourse), flagellation or torture in the
context of a sexual relationship, or emphasizing the depiction of adult
human genitals: PROVIDED HOWEVER, That works of art or of
anthropological significance shall not be deemed to be within the
foregoing definition.
(3) Any person who violates subsection (1) of this section shall be
guilty of a misdemeanor.
Sec. 323 RCW 9.73.010 and 1909 c 249 s 410 are each amended to
read as follows:
Every person who shall wrongfully obtain or attempt to obtain, any
knowledge of a telegraphic message, by connivance with the clerk,
operator, messenger, or other employee of a telegraph company, and
every clerk, operator, messenger, or other employee of such company who
shall ((wilfully)) willfully divulge to any but the person for whom it
was intended, any telegraphic message or dispatch intrusted to him or
her for transmission or delivery, or the nature or contents thereof, or
shall ((wilfully)) willfully refuse, neglect, or delay duly to transmit
or deliver the same, shall be guilty of a misdemeanor.
Sec. 324 RCW 9.73.060 and 1977 ex.s. c 363 s 2 are each amended
to read as follows:
Any person who, directly or by means of a detective agency or any
other agent, violates the provisions of this chapter shall be subject
to legal action for damages, to be brought by any other person claiming
that a violation of this statute has injured his or her business, his
or her person, or his or her reputation. A person so injured shall be
entitled to actual damages, including mental pain and suffering endured
by him or her on account of violation of the provisions of this
chapter, or liquidated damages computed at the rate of one hundred
dollars a day for each day of violation, not to exceed one thousand
dollars, and a reasonable attorney's fee and other costs of litigation.
Sec. 325 RCW 9.73.090 and 2006 c 38 s 1 are each amended to read
as follows:
(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply
to police, fire, emergency medical service, emergency communication
center, and poison center personnel in the following instances:
(a) Recording incoming telephone calls to police and fire stations,
licensed emergency medical service providers, emergency communication
centers, and poison centers;
(b) Video and/or sound recordings may be made of arrested persons
by police officers responsible for making arrests or holding persons in
custody before their first appearance in court. Such video and/or
sound recordings shall conform strictly to the following:
(i) The arrested person shall be informed that such recording is
being made and the statement so informing him or her shall be included
in the recording;
(ii) The recording shall commence with an indication of the time of
the beginning thereof and terminate with an indication of the time
thereof;
(iii) At the commencement of the recording the arrested person
shall be fully informed of his or her constitutional rights, and such
statements informing him or her shall be included in the recording;
(iv) The recordings shall only be used for valid police or court
activities;
(c) Sound recordings that correspond to video images recorded by
video cameras mounted in law enforcement vehicles. All law enforcement
officers wearing a sound recording device that makes recordings
corresponding to videos recorded by video cameras mounted in law
enforcement vehicles must be in uniform. A sound recording device that
makes a recording pursuant to this subsection (1)(c) must be operated
simultaneously with the video camera when the operating system has been
activated for an event. No sound recording device may be intentionally
turned off by the law enforcement officer during the recording of an
event. Once the event has been captured, the officer may turn off the
audio recording and place the system back into "pre-event" mode.
No sound or video recording made under this subsection (1)(c) may
be duplicated and made available to the public by a law enforcement
agency subject to this section until final disposition of any criminal
or civil litigation which arises from the event or events which were
recorded. Such sound recordings shall not be divulged or used by any
law enforcement agency for any commercial purpose.
A law enforcement officer shall inform any person being recorded by
sound under this subsection (1)(c) that a sound recording is being made
and the statement so informing the person shall be included in the
sound recording, except that the law enforcement officer is not
required to inform the person being recorded if the person is being
recorded under exigent circumstances. A law enforcement officer is not
required to inform a person being recorded by video under this
subsection (1)(c) that the person is being recorded by video.
(2) It shall not be unlawful for a law enforcement officer acting
in the performance of the officer's official duties to intercept,
record, or disclose an oral communication or conversation where the
officer is a party to the communication or conversation or one of the
parties to the communication or conversation has given prior consent to
the interception, recording, or disclosure: PROVIDED, That prior to
the interception, transmission, or recording the officer shall obtain
written or telephonic authorization from a judge or magistrate, who
shall approve the interception, recording, or disclosure of
communications or conversations with a nonconsenting party for a
reasonable and specified period of time, if there is probable cause to
believe that the nonconsenting party has committed, is engaged in, or
is about to commit a felony: PROVIDED HOWEVER, That if such
authorization is given by telephone the authorization and officer's
statement justifying such authorization must be electronically recorded
by the judge or magistrate on a recording device in the custody of the
judge or magistrate at the time transmitted and the recording shall be
retained in the court records and reduced to writing as soon as
possible thereafter.
Any recording or interception of a communication or conversation
incident to a lawfully recorded or intercepted communication or
conversation pursuant to this subsection shall be lawful and may be
divulged.
All recordings of communications or conversations made pursuant to
this subsection shall be retained for as long as any crime may be
charged based on the events or communications or conversations
recorded.
(3) Communications or conversations authorized to be intercepted,
recorded, or disclosed by this section shall not be inadmissible under
RCW 9.73.050.
(4) Authorizations issued under subsection (2) of this section
shall be effective for not more than seven days, after which period the
issuing authority may renew or continue the authorization for
additional periods not to exceed seven days.
(5) If the judge or magistrate determines that there is probable
cause to believe that the communication or conversation concerns the
unlawful manufacture, delivery, sale, or possession with intent to
manufacture, deliver, or sell, controlled substances as defined in
chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or
imitation controlled substances as defined in chapter 69.52 RCW, the
judge or magistrate may authorize the interception, transmission,
recording, or disclosure of communications or conversations under
subsection (2) of this section even though the true name of the
nonconsenting party, or the particular time and place for the
interception, transmission, recording, or disclosure, is not known at
the time of the request, if the authorization describes the
nonconsenting party and subject matter of the communication or
conversation with reasonable certainty under the circumstances. Any
such communication or conversation may be intercepted, transmitted,
recorded, or disclosed as authorized notwithstanding a change in the
time or location of the communication or conversation after the
authorization has been obtained or the presence of or participation in
the communication or conversation by any additional party not named in
the authorization.
Authorizations issued under this subsection shall be effective for
not more than fourteen days, after which period the issuing authority
may renew or continue the authorization for an additional period not to
exceed fourteen days.
Sec. 326 RCW 9.73.130 and 1977 ex.s. c 363 s 6 are each amended
to read as follows:
Each application for an authorization to record communications or
conversations pursuant to RCW 9.73.090 as now or hereafter amended
shall be made in writing upon oath or affirmation and shall state:
(1) The authority of the applicant to make such application;
(2) The identity and qualifications of the investigative or law
enforcement officers or agency for whom the authority to record a
communication or conversation is sought and the identity of whoever
authorized the application;
(3) A particular statement of the facts relied upon by the
applicant to justify his or her belief that an authorization should be
issued, including:
(a) The identity of the particular person, if known, committing the
offense and whose communications or conversations are to be recorded;
(b) The details as to the particular offense that has been, is
being, or is about to be committed;
(c) The particular type of communication or conversation to be
recorded and a showing that there is probable cause to believe such
communication will be communicated on the wire communication facility
involved or at the particular place where the oral communication is to
be recorded;
(d) The character and location of the particular wire communication
facilities involved or the particular place where the oral
communication is to be recorded;
(e) A statement of the period of time for which the recording is
required to be maintained, if the character of the investigation is
such that the authorization for recording should not automatically
terminate when the described type of communication or conversation has
been first obtained, a particular statement of facts establishing
probable cause to believe that additional communications of the same
type will occur thereafter;
(f) A particular statement of facts showing that other normal
investigative procedures with respect to the offense have been tried
and have failed or reasonably appear to be unlikely to succeed if tried
or to be too dangerous to employ;
(4) Where the application is for the renewal or extension of an
authorization, a particular statement of facts showing the results thus
far obtained from the recording, or a reasonable explanation of the
failure to obtain such results;
(5) A complete statement of the facts concerning all previous
applications, known to the individual authorizing and to the individual
making the application, made to any court for authorization to record
a wire or oral communication involving any of the same facilities or
places specified in the application or involving any person whose
communication is to be intercepted, and the action taken by the court
on each application; and
(6) Such additional testimony or documentary evidence in support of
the application as the judge may require.
Sec. 327 RCW 9.73.140 and 1977 ex.s. c 363 s 7 are each amended
to read as follows:
Within a reasonable time but not later than thirty days after the
termination of the period of the authorization or of extensions or
renewals thereof, or the date of the denial of an authorization applied
for under RCW 9.73.090 as now or hereafter amended, the issuing
authority shall cause to be served on the person named in the
authorization or application for an authorization, and such other
parties to the recorded communications as the judge may in his or her
discretion determine to be in the interest of justice, an inventory
which shall include:
(1) Notice of the entry of the authorization or the application for
an authorization which has been denied under RCW 9.73.090 as now or
hereafter amended;
(2) The date of the entry of the authorization or the denial of an
authorization applied for under RCW 9.73.090 as now or hereafter
amended;
(3) The period of authorized or disapproved recording; and
(4) The fact that during the period wire or oral communications
were or were not recorded.
The issuing authority, upon the filing of a motion, may in its
discretion make available to such person or his or her attorney for
inspection such portions of the recorded communications, applications
and orders as the court determines to be in the interest of justice.
On an ex parte showing of good cause to the court the serving of the
inventory required by this section may be postponed or dispensed with.
Sec. 328 RCW 9.81.090 and 1971 c 81 s 44 are each amended to read
as follows:
Reasonable grounds on all the evidence to believe that any person
is a subversive person, as defined in this chapter, shall be cause for
discharge from any appointive office or other position of profit or
trust in the government of or in the administration of the business of
this state, or of any county, municipality or other political
subdivision of this state, or any agency thereof. The attorney general
and the personnel director, and the civil service commission of any
county, city, or other political subdivision of this state, shall, by
appropriate rules or regulations, prescribe that persons charged with
being subversive persons, as defined in this chapter, shall have the
right of reasonable notice, date, time, and place of hearing,
opportunity to be heard by himself or herself and witnesses on his or
her behalf, to be represented by counsel, to be confronted by witnesses
against him or her, the right to cross-examination, and such other
rights which are in accordance with the procedures prescribed by law
for the discharge of such person for other reasons. Every person and
every board, commission, council, department, or other agency of the
state of Washington or any political subdivision thereof having
responsibility for the appointment, employment, or supervision of
public employees not covered by the classified service in this section
referred to, shall establish rules or procedures similar to those
required herein for classified services for a hearing for any person
charged with being a subversive person, as defined in this chapter,
after notice and opportunity to be heard. Every employing authority
discharging any person pursuant to any provision of this chapter, shall
promptly report to the special assistant attorney general in charge of
subversive activities the fact of and the circumstances surrounding
such discharge. Any person discharged under the provisions of this
chapter shall have the right within thirty days thereafter to appeal to
the superior court of the county wherein said person may reside or
wherein he or she may have been employed for determination by said
court as to whether or not the discharge appealed from was justified
under the provisions of this chapter. The court shall regularly hear
and determine such appeals and the decision of the superior court may
be appealed to the supreme court or the court of appeals of the state
of Washington as in civil cases. Any person appealing to the superior
court may be entitled to trial by jury if he or she so elects.
Sec. 329 RCW 9.91.010 and 1953 c 87 s 1 are each amended to read
as follows:
Terms used in this section shall have the following definitions:
(1)(a) "Every person" shall be construed to include any owner,
lessee, proprietor, manager, agent or employee whether one or more
natural persons, partnerships, associations, organizations,
corporations, cooperatives, legal representatives, trustees, receivers,
of this state and its political subdivisions, boards and commissions,
engaged in or exercising control over the operation of any place of
public resort, accommodation, assemblage, or amusement.
(b) "Deny" is hereby defined to include any act which directly or
indirectly, or by subterfuge, by a person or his or her agent or
employee, results or is intended or calculated to result in whole or in
part in any discrimination, distinction, restriction, or unequal
treatment, or the requiring of any person to pay a larger sum than the
uniform rates charged other persons, or the refusing or withholding
from any person the admission, patronage, custom, presence,
frequenting, dwelling, staying, or lodging in any place of public
resort, accommodation, assemblage, or amusement except for conditions
and limitations established by law and applicable alike to all persons,
regardless of race, creed, or color.
(c) "Full enjoyment of" shall be construed to include the right to
purchase any service, commodity, or article of personal property
offered or sold on, or by, any establishment to the public, and the
admission of any person to accommodations, advantages, facilities, or
privileges of any place of public resort, accommodation, assemblage, or
amusement, without acts directly or indirectly causing persons of any
particular race, creed, or color, to be treated as not welcome,
accepted, desired, or solicited.
(d) "Any place of public resort, accommodation, assemblage, or
amusement" is hereby defined to include, but not to be limited to, any
public place, licensed or unlicensed, kept for gain, hire or reward, or
where charges are made for admission, service, occupancy or use of any
property or facilities, whether conducted for the entertainment,
housing, or lodging of transient guests, or for the benefit, use or
accommodation of those seeking health, recreation, or rest, or for the
sale of goods and merchandise, or for the rendering of personal
services, or for public conveyance or transportation on land, water or
in the air, including the stations and terminals thereof and the
garaging of vehicles, or where food or beverages of any kind are sold
for consumption on the premises, or where public amusement,
entertainment, sports, or recreation of any kind is offered with or
without charge, or where medical service or care is made available, or
where the public gathers, congregates, or assembles for amusement,
recreation or public purposes, or public halls, public elevators, and
public washrooms of buildings and structures occupied by two or more
tenants, or by the owner and one or more tenants, or any public library
or any educational institution wholly or partially supported by public
funds, or schools of special instruction, or nursery schools, or day
care centers or children's camps; nothing herein contained shall be
construed to include, or apply to, any institute, bona fide club, or
place of accommodation, which is by its nature distinctly private
provided that where public use is permitted that use shall be covered
by this section; nor shall anything herein contained apply to any
educational facility operated or maintained by a bona fide religious or
sectarian institution; and the right of a natural parent in loco
parentis to direct the education and upbringing of a child under his or
her control is hereby affirmed.
(2) Every person who denies to any other person because of race,
creed, or color, the full enjoyment of any of the accommodations,
advantages, facilities, or privileges of any place of public resort,
accommodation, assemblage, or amusement, shall be guilty of a
misdemeanor.
Sec. 330 RCW 9.92.062 and 1971 ex.s. c 188 s 1 are each amended
to read as follows:
In all cases prior to August 9, 1971, wherein the execution of
sentence has been suspended pursuant to RCW 9.92.060, such person may
apply to the court by which he or she was convicted and sentenced to
establish a definite termination date for the suspended sentence. The
court shall set a date no later than the time the original sentence
would have elapsed and may provide for an earlier termination of the
suspended sentence.
Sec. 331 RCW 9.92.080 and 1981 c 136 s 35 are each amended to
read as follows:
(1) Whenever a person while under sentence of felony shall commit
another felony and be sentenced to another term of imprisonment, such
latter term shall not begin until the expiration of all prior terms:
PROVIDED, That any person granted probation pursuant to the provisions
of RCW 9.95.210 and/or 9.92.060 shall not be considered to be under
sentence of a felony for the purposes of this subsection.
(2) Whenever a person is convicted of two or more offenses which
arise from a single act or omission, the sentences imposed therefor
shall run concurrently, unless the court, in pronouncing sentence,
expressly orders the service of said sentences to be consecutive.
(3) In all other cases, whenever a person is convicted of two or
more offenses arising from separate and distinct acts or omissions, and
not otherwise governed by the provisions of subsections (1) and (2) of
this section, the sentences imposed therefor shall run consecutively,
unless the court, in pronouncing the second or other subsequent
sentences, expressly orders concurrent service thereof.
(4) The sentencing court may require the secretary of corrections,
or his or her designee, to provide information to the court concerning
the existence of all prior judgments against the defendant, the terms
of imprisonment imposed, and the status thereof.
Sec. 332 RCW 9.92.110 and 1909 c 249 s 36 are each amended to
read as follows:
Every person sentenced to imprisonment in any penal institution
shall be under the protection of the law, and any unauthorized injury
to his or her person shall be punished in the same manner as if he or
she were not so convicted or sentenced. A conviction of crime shall
not work a forfeiture of any property, real or personal, or of any
right or interest therein. All forfeitures in the nature of deodands,
or in case of suicide or where a person flees from justice, are
abolished.
Sec. 333 RCW 9.92.120 and 1909 c 249 s 37 are each amended to
read as follows:
The conviction of a public officer of any felony or malfeasance in
office shall entail, in addition to such other penalty as may be
imposed, the forfeiture of his or her office, and shall disqualify him
or her from ever afterward holding any public office in this state.
Sec. 334 RCW 9.94A.010 and 1999 c 196 s 1 are each amended to
read as follows:
The purpose of this chapter is to make the criminal justice system
accountable to the public by developing a system for the sentencing of
felony offenders which structures, but does not eliminate,
discretionary decisions affecting sentences, and to:
(1) Ensure that the punishment for a criminal offense is
proportionate to the seriousness of the offense and the offender's
criminal history;
(2) Promote respect for the law by providing punishment which is
just;
(3) Be commensurate with the punishment imposed on others
committing similar offenses;
(4) Protect the public;
(5) Offer the offender an opportunity to improve ((him)) himself or
herself;
(6) Make frugal use of the state's and local governments'
resources; and
(7) Reduce the risk of reoffending by offenders in the community.
Sec. 335 RCW 9.94A.880 and 1981 c 137 s 25 are each amended to
read as follows:
(1) The clemency and pardons board is established as a board within
the office of the governor. The board consists of five members
appointed by the governor, subject to confirmation by the senate.
(2) Members of the board shall serve terms of four years and until
their successors are appointed and confirmed. However, the governor
shall stagger the terms by appointing one of the initial members for a
term of one year, one for a term of two years, one for a term of three
years, and two for terms of four years.
(3) The board shall elect a ((chairman)) chair from among its
members and shall adopt bylaws governing the operation of the board.
(4) Members of the board shall receive no compensation but shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060 as now existing or hereafter amended.
(5) The attorney general shall provide a staff as needed for the
operation of the board.
Sec. 336 RCW 9.95.003 and 2007 c 362 s 1 are each amended to read
as follows:
The board shall consist of a ((chairman)) chair and four other
members, each of whom shall be appointed by the governor with the
consent of the senate. Each member shall hold office for a term of
five years, and until his or her successor is appointed and qualified.
The terms shall expire on April 15th of the expiration year. Vacancies
in the membership of the board shall be filled by appointment by the
governor with the consent of the senate. In the event of the inability
of any member to act, the governor shall appoint some competent person
to act in his or her stead during the continuance of such inability.
The members shall not be removable during their respective terms except
for cause determined by the superior court of Thurston county. The
governor in appointing the members shall designate one of them to serve
as ((chairman)) chair at the governor's pleasure. The appointed
((chairman)) chair shall serve as a fully participating board member
and as the director of the agency.
The members of the board and its officers and employees shall not
engage in any other business or profession or hold any other public
office without the prior approval of the executive ethics board
indicating compliance with RCW 42.52.020, 42.52.030, 42.52.040, and
42.52.120; nor shall they, at the time of appointment or employment or
during their incumbency, serve as the representative of any political
party on an executive committee or other governing body thereof, or as
an executive officer or employee of any political committee or
association. The members of the board shall each severally receive
salaries fixed by the governor in accordance with the provisions of RCW
43.03.040, and in addition shall receive travel expenses incurred in
the discharge of their official duties in accordance with RCW 43.03.050
and 43.03.060.
The board may employ, and fix, with the approval of the governor,
the compensation of and prescribe the duties of a senior administrative
officer and such officers, employees, and assistants as may be
necessary, and provide necessary quarters, supplies, and equipment.
Sec. 337 RCW 9.95.007 and 1986 c 224 s 5 are each amended to read
as follows:
The board may meet and transact business in panels. Each board
panel shall consist of at least two members of the board. In all
matters concerning the internal affairs of the board and policy-making
decisions, a majority of the full board must concur in such matters.
The ((chairman)) chair of the board with the consent of a majority of
the board may designate any two members to exercise all the powers and
duties of the board in connection with any hearing before the board.
If the two members so designated cannot unanimously agree as to the
disposition of the hearing assigned to them, such hearing shall be
reheard by the full board. All actions of the full board shall be by
concurrence of a majority of the board members.
Sec. 338 RCW 9.95.030 and 1999 c 143 s 17 are each amended to
read as follows:
At the time the convicted person is transported to the custody of
the department of corrections, the indeterminate sentence review board
shall obtain from the sentencing judge and the prosecuting attorney, a
statement of all the facts concerning the convicted person's crime and
any other information of which they may be possessed relative to him or
her, and the sentencing judge and the prosecuting attorney shall
furnish the board with such information. The sentencing judge and
prosecuting attorney shall indicate to the board, for its guidance,
what, in their judgment, should be the duration of the convicted
person's imprisonment.
Sec. 339 RCW 9.95.063 and 1971 ex.s. c 86 s 1 are each amended to
read as follows:
If a defendant who has been imprisoned during the pendency of any
posttrial proceeding in any state or federal court shall be again
convicted upon a new trial resulting from any such proceeding, the
period of his or her former imprisonment shall be deducted by the
superior court from the period of imprisonment to be fixed on the last
verdict of conviction.
Sec. 340 RCW 9.95.200 and 1981 c 136 s 41 are each amended to
read as follows:
After conviction by plea or verdict of guilty of any crime, the
court upon application or its own motion, may summarily grant or deny
probation, or at a subsequent time fixed may hear and determine, in the
presence of the defendant, the matter of probation of the defendant,
and the conditions of such probation, if granted. The court may, in
its discretion, prior to the hearing on the granting of probation,
refer the matter to the secretary of corrections or such officers as
the secretary may designate for investigation and report to the court
at a specified time, upon the circumstances surrounding the crime and
concerning the defendant, his or her prior record, and his or her
family surroundings and environment.
Sec. 341 RCW 9.95.330 and 1981 c 136 s 46 are each amended to
read as follows:
The department of corrections may accept any devise, bequest, gift,
grant, or contribution made for the purposes of RCW 9.95.310 through
9.95.370 and the secretary of corrections or his or her designee may
make expenditures, or approve expenditures by local parole or probation
officers, therefrom for the purposes of RCW 9.95.310 through 9.95.370
in accordance with the rules of the department of corrections.
Sec. 342 RCW 9.96.010 and 1961 c 187 s 2 are each amended to read
as follows:
Whenever the governor shall grant a pardon to a person convicted of
an infamous crime, or whenever the maximum term of imprisonment for
which any such person was committed is about to expire or has expired,
and such person has not otherwise had his or her civil rights restored,
the governor shall have the power, in his or her discretion, to restore
to such person his or her civil rights in the manner as in this chapter
provided.
Sec. 343 RCW 9.96.020 and 1931 c 19 s 2 are each amended to read
as follows:
Whenever the governor shall determine to restore his or her civil
rights to any person convicted of an infamous crime in any superior
court of this state, he or she shall execute and file in the office of
the secretary of state an instrument in writing in substantially the
following form:
Sec. 344 RCW 9.96.030 and 1931 c 19 s 3 are each amended to read
as follows:
Upon the filing of an instrument restoring civil rights in his or
her office, it shall be the duty of the secretary of state to transmit
a duly certified copy thereof to the clerk of the superior court named
therein, who shall record the same in the journal of the court and
index the same in the execution docket of the cause in which the
conviction was had.
Sec. 345 RCW 9.98.010 and 1999 c 143 s 33 are each amended to
read as follows:
(1) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of this state, and whenever during
the continuance of the term of imprisonment there is pending in this
state any untried indictment, information, or complaint against the
prisoner, he or she shall be brought to trial within one hundred twenty
days after he or she shall have caused to be delivered to the
prosecuting attorney and the superior court of the county in which the
indictment, information, or complaint is pending written notice of the
place of his or her imprisonment and his or her request for a final
disposition to be made of the indictment, information, or complaint:
PROVIDED, That for good cause shown in open court, the prisoner or his
or her counsel shall have the right to be present, the court having
jurisdiction of the matter may grant any necessary or reasonable
continuance. The request of the prisoner shall be accompanied by a
certificate of the superintendent having custody of the prisoner,
stating the term of commitment under which the prisoner is being held,
the time already served, the time remaining to be served on the
sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the indeterminate
sentence review board relating to the prisoner.
(2) The written notice and request for final disposition referred
to in subsection (1) ((hereof)) of this section shall be given or sent
by the prisoner to the superintendent having custody of him or her, who
shall promptly forward it together with the certificate to the
appropriate prosecuting attorney and superior court by certified mail,
return receipt requested.
(3) The superintendent having custody of the prisoner shall
promptly inform him or her in writing of the source and contents of any
untried indictment, information, or complaint against him or her
concerning which the superintendent has knowledge and of his or her
right to make a request for final disposition thereof.
(4) Escape from custody by the prisoner subsequent to his or her
execution of the request for final disposition referred to in
subsection (1) ((hereof)) of this section shall void the request.
Sec. 346 RCW 9.100.070 and 1967 c 34 s 7 are each amended to read
as follows:
In order to implement Article IV(a) of the agreement on detainers,
and in furtherance of its purposes, the appropriate authorities having
custody of the prisoner shall, promptly upon receipt of the officer's
written request, notify the prisoner and the governor in writing that
a request for temporary custody has been made and such notification
shall describe the source and contents of said request. The
authorities having custody of the prisoner shall also advise him or her
in writing of his or her rights to counsel, to make representations to
the governor within thirty days, and to contest the legality of his or
her delivery.
Sec. 347 RCW 9A.04.050 and 1975 1st ex.s. c 260 s 9A.04.050 are
each amended to read as follows:
Children under the age of eight years are incapable of committing
crime. Children of eight and under twelve years of age are presumed to
be incapable of committing crime, but this presumption may be removed
by proof that they have sufficient capacity to understand the act or
neglect, and to know that it was wrong. Whenever in legal proceedings
it becomes necessary to determine the age of a child, he or she may be
produced for inspection, to enable the court or jury to determine the
age thereby; and the court may also direct his or her examination by
one or more physicians, whose opinion shall be competent evidence upon
the question of his or her age.
Sec. 348 RCW 9A.04.070 and 1975 1st ex.s. c 260 s 9A.04.070 are
each amended to read as follows:
Every person, regardless of whether or not he or she is an
inhabitant of this state, may be tried and punished under the laws of
this state for an offense committed by him or her therein, except when
such offense is cognizable exclusively in the courts of the United
States.
Sec. 349 RCW 9A.04.100 and 1975 1st ex.s. c 260 s 9A.04.100 are
each amended to read as follows:
(1) Every person charged with the commission of a crime is presumed
innocent unless proved guilty. No person may be convicted of a crime
unless each element of such crime is proved by competent evidence
beyond a reasonable doubt.
(2) When a crime has been proven against a person, and there exists
a reasonable doubt as to which of two or more degrees he or she is
guilty, he or she shall be convicted only of the lowest degree.
Sec. 350 RCW 9A.04.110 and 2007 c 79 s 3 are each amended to read
as follows:
In this title unless a different meaning plainly is required:
(1) "Acted" includes, where relevant, omitted to act;
(2) "Actor" includes, where relevant, a person failing to act;
(3) "Benefit" is any gain or advantage to the beneficiary,
including any gain or advantage to a third person pursuant to the
desire or consent of the beneficiary;
(4)(a) "Bodily injury," "physical injury," or "bodily harm" means
physical pain or injury, illness, or an impairment of physical
condition;
(b) "Substantial bodily harm" means bodily injury which involves a
temporary but substantial disfigurement, or which causes a temporary
but substantial loss or impairment of the function of any bodily part
or organ, or which causes a fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which creates a
probability of death, or which causes significant serious permanent
disfigurement, or which causes a significant permanent loss or
impairment of the function of any bodily part or organ;
(5) "Building," in addition to its ordinary meaning, includes any
dwelling, fenced area, vehicle, railway car, cargo container, or any
other structure used for lodging of persons or for carrying on business
therein, or for the use, sale, or deposit of goods; each unit of a
building consisting of two or more units separately secured or occupied
is a separate building;
(6) "Deadly weapon" means any explosive or loaded or unloaded
firearm, and shall include any other weapon, device, instrument,
article, or substance, including a "vehicle" as defined in this
section, which, under the circumstances in which it is used, attempted
to be used, or threatened to be used, is readily capable of causing
death or substantial bodily harm;
(7) "Dwelling" means any building or structure, though movable or
temporary, or a portion thereof, which is used or ordinarily used by a
person for lodging;
(8) "Government" includes any branch, subdivision, or agency of the
government of this state and any county, city, district, or other local
governmental unit;
(9) "Governmental function" includes any activity which a public
servant is legally authorized or permitted to undertake on behalf of a
government;
(10) "Indicted" and "indictment" include "informed against" and
"information," and "informed against" and "information" include
"indicted" and "indictment";
(11) "Judge" includes every judicial officer authorized alone or
with others, to hold or preside over a court;
(12) "Malice" and "maliciously" shall import an evil intent, wish,
or design to vex, annoy, or injure another person. Malice may be
inferred from an act done in ((wilful)) willful disregard of the rights
of another, or an act wrongfully done without just cause or excuse, or
an act or omission of duty betraying a ((wilful)) willful disregard of
social duty;
(13) "Officer" and "public officer" means a person holding office
under a city, county, or state government, or the federal government
who performs a public function and in so doing is vested with the
exercise of some sovereign power of government, and includes all
assistants, deputies, clerks, and employees of any public officer and
all persons lawfully exercising or assuming to exercise any of the
powers or functions of a public officer;
(14) "Omission" means a failure to act;
(15) "Peace officer" means a duly appointed city, county, or state
law enforcement officer;
(16) "Pecuniary benefit" means any gain or advantage in the form of
money, property, commercial interest, or anything else the primary
significance of which is economic gain;
(17) "Person", "he or she", and "actor" include any natural person
and, where relevant, a corporation, joint stock association, or an
unincorporated association;
(18) "Place of work" includes but is not limited to all the lands
and other real property of a farm or ranch in the case of an actor who
owns, operates, or is employed to work on such a farm or ranch;
(19) "Prison" means any place designated by law for the keeping of
persons held in custody under process of law, or under lawful arrest,
including but not limited to any state correctional institution or any
county or city jail;
(20) "Prisoner" includes any person held in custody under process
of law, or under lawful arrest;
(21) "Projectile stun gun" means an electronic device that projects
wired probes attached to the device that emit an electrical charge and
that is designed and primarily employed to incapacitate a person or
animal;
(22) "Property" means anything of value, whether tangible or
intangible, real or personal;
(23) "Public servant" means any person other than a witness who
presently occupies the position of or has been elected, appointed, or
designated to become any officer or employee of government, including
a legislator, judge, judicial officer, juror, and any person
participating as an advisor, consultant, or otherwise in performing a
governmental function;
(24) "Signature" includes any memorandum, mark, or sign made with
intent to authenticate any instrument or writing, or the subscription
of any person thereto;
(25) "Statute" means the Constitution or an act of the legislature
or initiative or referendum of this state;
(26) "Strangulation" means to compress a person's neck, thereby
obstructing the person's blood flow or ability to breathe, or doing so
with the intent to obstruct the person's blood flow or ability to
breathe;
(27) "Threat" means to communicate, directly or indirectly the
intent:
(a) To cause bodily injury in the future to the person threatened
or to any other person; or
(b) To cause physical damage to the property of a person other than
the actor; or
(c) To subject the person threatened or any other person to
physical confinement or restraint; or
(d) To accuse any person of a crime or cause criminal charges to be
instituted against any person; or
(e) To expose a secret or publicize an asserted fact, whether true
or false, tending to subject any person to hatred, contempt, or
ridicule; or
(f) To reveal any information sought to be concealed by the person
threatened; or
(g) To testify or provide information or withhold testimony or
information with respect to another's legal claim or defense; or
(h) To take wrongful action as an official against anyone or
anything, or wrongfully withhold official action, or cause such action
or withholding; or
(i) To bring about or continue a strike, boycott, or other similar
collective action to obtain property which is not demanded or received
for the benefit of the group which the actor purports to represent; or
(j) To do any other act which is intended to harm substantially the
person threatened or another with respect to his or her health, safety,
business, financial condition, or personal relationships;
(28) "Vehicle" means a "motor vehicle" as defined in the vehicle
and traffic laws, any aircraft, or any vessel equipped for propulsion
by mechanical means or by sail;
(29) Words in the present tense shall include the future tense; and
in the masculine shall include the feminine and neuter genders; and in
the singular shall include the plural; and in the plural shall include
the singular.
Sec. 351 RCW 9A.08.020 and 1975-'76 2nd ex.s. c 38 s 1 are each
amended to read as follows:
(1) A person is guilty of a crime if it is committed by the conduct
of another person for which he or she is legally accountable.
(2) A person is legally accountable for the conduct of another
person when:
(a) Acting with the kind of culpability that is sufficient for the
commission of the crime, he or she causes an innocent or irresponsible
person to engage in such conduct; or
(b) He or she is made accountable for the conduct of such other
person by this title or by the law defining the crime; or
(c) He or she is an accomplice of such other person in the
commission of the crime.
(3) A person is an accomplice of another person in the commission
of a crime if:
(a) With knowledge that it will promote or facilitate the
commission of the crime, he or she:
(i) Solicits, commands, encourages, or requests such other person
to commit it; or
(ii) Aids or agrees to aid such other person in planning or
committing it; or
(b) His or her conduct is expressly declared by law to establish
his or her complicity.
(4) A person who is legally incapable of committing a particular
crime himself or herself may be guilty thereof if it is committed by
the conduct of another person for which he or she is legally
accountable, unless such liability is inconsistent with the purpose of
the provision establishing his or her incapacity.
(5) Unless otherwise provided by this title or by the law defining
the crime, a person is not an accomplice in a crime committed by
another person if:
(a) He or she is a victim of that crime; or
(b) He or she terminates his or her complicity prior to the
commission of the crime, and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith effort to
prevent the commission of the crime.
(6) A person legally accountable for the conduct of another person
may be convicted on proof of the commission of the crime and of his or
her complicity therein, though the person claimed to have committed the
crime has not been prosecuted or convicted or has been convicted of a
different crime or degree of crime or has an immunity to prosecution or
conviction or has been acquitted.
Sec. 352 RCW 9A.08.030 and 1975 1st ex.s. c 260 s 9A.08.030 are
each amended to read as follows:
(1) As used in this section:
(a) "Agent" means any director, officer, or employee of a
corporation, or any other person who is authorized to act on behalf of
the corporation;
(b) "Corporation" includes a joint stock association;
(c) "High managerial agent" means an officer or director of a
corporation or any other agent in a position of comparable authority
with respect to the formulation of corporate policy or the supervision
in a managerial capacity of subordinate employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of an omission to
discharge a specific duty of performance imposed on corporations by
law; or
(b) The conduct constituting the offense is engaged in, authorized,
solicited, requested, commanded, or tolerated by the board of directors
or by a high managerial agent acting within the scope of his or her
employment and on behalf of the corporation; or
(c) The conduct constituting the offense is engaged in by an agent
of the corporation, other than a high managerial agent, while acting
within the scope of his or her employment and in behalf of the
corporation and (i) the offense is a gross misdemeanor or misdemeanor,
or (ii) the offense is one defined by a statute which clearly indicates
a legislative intent to impose such criminal liability on a
corporation.
(3) A person is criminally liable for conduct constituting an
offense which he or she performs or causes to be performed in the name
of or on behalf of a corporation to the same extent as if such conduct
were performed in his or her own name or behalf.
(4) Whenever a duty to act is imposed by law upon a corporation,
any agent of the corporation who knows he or she has or shares primary
responsibility for the discharge of the duty is criminally liable for
a reckless or, if a high managerial agent, criminally negligent
omission to perform the required act to the same extent as if the duty
were by law imposed directly upon such agent.
(5) Every corporation, whether foreign or domestic, which shall
violate any provision of RCW 9A.28.040, shall forfeit every right and
franchise to do business in this state. The attorney general shall
begin and conduct all actions and proceedings necessary to enforce the
provisions of this subsection.
Sec. 353 RCW 9A.12.010 and 1975 1st ex.s. c 260 s 9A.12.010 are
each amended to read as follows:
To establish the defense of insanity, it must be shown that:
(1) At the time of the commission of the offense, as a result of
mental disease or defect, the mind of the actor was affected to such an
extent that:
(a) He or she was unable to perceive the nature and quality of the
act with which he or she is charged; or
(b) He or she was unable to tell right from wrong with reference to
the particular act charged.
(2) The defense of insanity must be established by a preponderance
of the evidence.
Sec. 354 RCW 9A.16.050 and 1975 1st ex.s. c 260 s 9A.16.050 are
each amended to read as follows:
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband,
wife, parent, child, brother, or sister, or of any other person in his
or her presence or company, when there is reasonable ground to
apprehend a design on the part of the person slain to commit a felony
or to do some great personal injury to the slayer or to any such
person, and there is imminent danger of such design being accomplished;
or
(2) In the actual resistance of an attempt to commit a felony upon
the slayer, in his or her presence, or upon or in a dwelling, or other
place of abode, in which he or she is.
Sec. 355 RCW 9A.16.090 and 1975 1st ex.s. c 260 s 9A.16.090 are
each amended to read as follows:
No act committed by a person while in a state of voluntary
intoxication shall be deemed less criminal by reason of his or her
condition, but whenever the actual existence of any particular mental
state is a necessary element to constitute a particular species or
degree of crime, the fact of his or her intoxication may be taken into
consideration in determining such mental state.
Sec. 356 RCW 9A.28.030 and 1975 1st ex.s. c 260 s 9A.28.030 are
each amended to read as follows:
(1) A person is guilty of criminal solicitation when, with intent
to promote or facilitate the commission of a crime, he or she offers to
give or gives money or other thing of value to another to engage in
specific conduct which would constitute such crime or which would
establish complicity of such other person in its commission or
attempted commission had such crime been attempted or committed.
(2) Criminal solicitation shall be punished in the same manner as
criminal attempt under RCW 9A.28.020.
Sec. 357 RCW 9A.32.060 and 1997 c 365 s 5 are each amended to
read as follows:
(1) A person is guilty of manslaughter in the first degree when:
(a) He or she recklessly causes the death of another person; or
(b) He or she intentionally and unlawfully kills an unborn quick
child by inflicting any injury upon the mother of such child.
(2) Manslaughter in the first degree is a class A felony.
Sec. 358 RCW 9A.32.070 and 1997 c 365 s 6 are each amended to
read as follows:
(1) A person is guilty of manslaughter in the second degree when,
with criminal negligence, he or she causes the death of another person.
(2) Manslaughter in the second degree is a class B felony.
Sec. 359 RCW 9A.36.031 and 2005 c 458 s 1 are each amended to
read as follows:
(1) A person is guilty of assault in the third degree if he or she,
under circumstances not amounting to assault in the first or second
degree:
(a) With intent to prevent or resist the execution of any lawful
process or mandate of any court officer or the lawful apprehension or
detention of himself, herself, or another person, assaults another; or
(b) Assaults a person employed as a transit operator or driver, the
immediate supervisor of a transit operator or driver, a mechanic, or a
security officer, by a public or private transit company or a
contracted transit service provider, while that person is performing
his or her official duties at the time of the assault; or
(c) Assaults a school bus driver, the immediate supervisor of a
driver, a mechanic, or a security officer, employed by a school
district transportation service or a private company under contract for
transportation services with a school district, while the person is
performing his or her official duties at the time of the assault; or
(d) With criminal negligence, causes bodily harm to another person
by means of a weapon or other instrument or thing likely to produce
bodily harm; or
(e) Assaults a firefighter or other employee of a fire department,
county fire marshal's office, county fire prevention bureau, or fire
protection district who was performing his or her official duties at
the time of the assault; or
(f) With criminal negligence, causes bodily harm accompanied by
substantial pain that extends for a period sufficient to cause
considerable suffering; or
(g) Assaults a law enforcement officer or other employee of a law
enforcement agency who was performing his or her official duties at the
time of the assault; or
(h) Assaults a peace officer with a projectile stun gun; or
(i) Assaults a nurse, physician, or health care provider who was
performing his or her nursing or health care duties at the time of the
assault. For purposes of this subsection: "Nurse" means a person
licensed under chapter 18.79 RCW; "physician" means a person licensed
under chapter 18.57 or 18.71 RCW; and "health care provider" means a
person certified under chapter 18.71 or 18.73 RCW who performs
emergency medical services or a person regulated under Title 18 RCW and
employed by, or contracting with, a hospital licensed under chapter
70.41 RCW.
(2) Assault in the third degree is a class C felony.
Sec. 360 RCW 9A.36.060 and 1975 1st ex.s. c 260 s 9A.36.060 are
each amended to read as follows:
(1) A person is guilty of promoting a suicide attempt when he or
she knowingly causes or aids another person to attempt suicide.
(2) Promoting a suicide attempt is a class C felony.
Sec. 361 RCW 9A.36.070 and 1975 1st ex.s. c 260 s 9A.36.070 are
each amended to read as follows:
(1) A person is guilty of coercion if by use of a threat he or she
compels or induces a person to engage in conduct which the latter has
a legal right to abstain from, or to abstain from conduct which he or
she has a legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately
to use force against any person who is present at the time; or
(b) Threats as defined in RCW 9A.04.110(((25))) (27) (a), (b), or
(c).
(3) Coercion is a gross misdemeanor.
Sec. 362 RCW 9A.36.090 and 1982 c 185 s 1 are each amended to
read as follows:
(1) Whoever knowingly and ((wilfully)) willfully deposits for
conveyance in the mail or for a delivery from any post office or by any
letter carrier any letter, paper, writing, print, missive, or document
containing any threat to take the life of or to inflict bodily harm
upon the governor of the state or his or her immediate family, the
governor-elect, the lieutenant governor, other officer next in the
order of succession to the office of governor of the state, or the
lieutenant governor-elect, or knowingly and ((wilfully)) willfully
otherwise makes any such threat against the governor, governor-elect,
lieutenant governor, other officer next in the order of succession to
the office of governor, or lieutenant governor-elect, shall be guilty
of a class C felony.
(2) As used in this section, the term "governor-elect" and
"lieutenant governor-elect" means such persons as are the successful
candidates for the offices of governor and lieutenant governor,
respectively, as ascertained from the results of the general election.
As used in this section, the phrase "other officer next in the order of
succession to the office of governor" means the person other than the
lieutenant governor next in order of succession to the office of
governor under Article 3, section 10 of the state Constitution.
(3) The Washington state patrol may investigate for violations of
this section.
Sec. 363 RCW 9A.40.010 and 1975 1st ex.s. c 260 s 9A.40.010 are
each amended to read as follows:
The following definitions apply in this chapter:
(1) "Restrain" means to restrict a person's movements without
consent and without legal authority in a manner which interferes
substantially with his or her liberty. Restraint is "without consent"
if it is accomplished by (a) physical force, intimidation, or
deception, or (b) any means including acquiescence of the victim, if he
or she is a child less than sixteen years old or an incompetent person
and if the parent, guardian, or other person or institution having
lawful control or custody of him or her has not acquiesced.
(2) "Abduct" means to restrain a person by either (a) secreting or
holding him or her in a place where he or she is not likely to be
found, or (b) using or threatening to use deadly force;
(3) "Relative" means an ancestor, descendant, or sibling, including
a relative of the same degree through marriage or adoption, or a
spouse.
Sec. 364 RCW 9A.40.020 and 1975 1st ex.s. c 260 s 9A.40.020 are
each amended to read as follows:
(1) A person is guilty of kidnapping in the first degree if he or
she intentionally abducts another person with intent:
(a) To hold him or her for ransom or reward, or as a shield or
hostage; or
(b) To facilitate commission of any felony or flight thereafter; or
(c) To inflict bodily injury on him or her; or
(d) To inflict extreme mental distress on him, her, or a third
person; or
(e) To interfere with the performance of any governmental function.
(2) Kidnapping in the first degree is a class A felony.
Sec. 365 RCW 9A.40.040 and 1975 1st ex.s. c 260 s 9A.40.040 are
each amended to read as follows:
(1) A person is guilty of unlawful imprisonment if he or she
knowingly restrains another person.
(2) Unlawful imprisonment is a class C felony.
Sec. 366 RCW 9A.48.030 and 1975 1st ex.s. c 260 s 9A.48.030 are
each amended to read as follows:
(1) A person is guilty of arson in the second degree if he or she
knowingly and maliciously causes a fire or explosion which damages a
building, or any structure or erection appurtenant to or joining any
building, or any wharf, dock, machine, engine, automobile, or other
motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain,
crop, or timber, whether cut or standing or any range land, or pasture
land, or any fence, or any lumber, shingle, or other timber products,
or any property.
(2) Arson in the second degree is a class B felony.
Sec. 367 RCW 9A.48.040 and 1975 1st ex.s. c 260 s 9A.48.040 are
each amended to read as follows:
(1) A person is guilty of reckless burning in the first degree if
he or she recklessly damages a building or other structure or any
vehicle, railway car, aircraft, or watercraft or any hay, grain, crop,
or timber whether cut or standing, by knowingly causing a fire or
explosion.
(2) Reckless burning in the first degree is a class C felony.
Sec. 368 RCW 9A.48.050 and 1975 1st ex.s. c 260 s 9A.48.050 are
each amended to read as follows:
(1) A person is guilty of reckless burning in the second degree if
he or she knowingly causes a fire or explosion, whether on his or her
own property or that of another, and thereby recklessly places a
building or other structure, or any vehicle, railway car, aircraft, or
watercraft, or any hay, grain, crop or timber, whether cut or standing,
in danger of destruction or damage.
(2) Reckless burning in the second degree is a gross misdemeanor.
Sec. 369 RCW 9A.52.010 and 2004 c 69 s 1 are each amended to read
as follows:
The following definitions apply in this chapter:
(1) "Premises" includes any building, dwelling, structure used for
commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an element or part
of a crime, shall include the entrance of the person, or the insertion
of any part of his or her body, or any instrument or weapon held in his
or her hand and used or intended to be used to threaten or intimidate
a person or to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters or remains
unlawfully" in or upon premises when he or she is not then licensed,
invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is
only partly open to the public is not a license or privilege to enter
or remain in that part of a building which is not open to the public.
A person who enters or remains upon unimproved and apparently unused
land, which is neither fenced nor otherwise enclosed in a manner
designed to exclude intruders, does so with license and privilege
unless notice against trespass is personally communicated to him or her
by the owner of the land or some other authorized person, or unless
notice is given by posting in a conspicuous manner. Land that is used
for commercial aquaculture or for growing an agricultural crop or
crops, other than timber, is not unimproved and apparently unused land
if a crop or any other sign of cultivation is clearly visible or if
notice is given by posting in a conspicuous manner. Similarly, a field
fenced in any manner is not unimproved and apparently unused land. A
license or privilege to enter or remain on improved and apparently used
land that is open to the public at particular times, which is neither
fenced nor otherwise enclosed in a manner to exclude intruders, is not
a license or privilege to enter or remain on the land at other times if
notice of prohibited times of entry is posted in a conspicuous manner;
(4) "Data" means a representation of information, knowledge, facts,
concepts, or instructions that are being prepared or have been prepared
in a formalized manner and are intended for use in a computer;
(5) "Computer program" means an ordered set of data representing
coded instructions or statements that when executed by a computer cause
the computer to process data;
(6) "Access" means to approach, instruct, communicate with, store
data in, retrieve data from, or otherwise make use of any resources of
a computer, directly or by electronic means.
Sec. 370 RCW 9A.52.030 and 1989 2nd ex.s. c 1 s 2 are each
amended to read as follows:
(1) A person is guilty of burglary in the second degree if, with
intent to commit a crime against a person or property therein, he or
she enters or remains unlawfully in a building other than a vehicle or
a dwelling.
(2) Burglary in the second degree is a class B felony.
Sec. 371 RCW 9A.52.060 and 1975 1st ex.s. c 260 s 9A.52.060 are
each amended to read as follows:
(1) Every person who shall make or mend or cause to be made or
mended, or have in his or her possession, any engine, machine, tool,
false key, pick lock, bit, nippers, or implement adapted, designed, or
commonly used for the commission of burglary under circumstances
evincing an intent to use or employ, or allow the same to be used or
employed in the commission of a burglary, or knowing that the same is
intended to be so used, shall be guilty of making or having burglar
tools.
(2) Making or having burglar tools is a gross misdemeanor.
Sec. 372 RCW 9A.52.070 and 1979 ex.s. c 244 s 12 are each amended
to read as follows:
(1) A person is guilty of criminal trespass in the first degree if
he or she knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor.
Sec. 373 RCW 9A.52.080 and 1979 ex.s. c 244 s 13 are each amended
to read as follows:
(1) A person is guilty of criminal trespass in the second degree if
he or she knowingly enters or remains unlawfully in or upon premises of
another under circumstances not constituting criminal trespass in the
first degree.
(2) Criminal trespass in the second degree is a misdemeanor.
Sec. 374 RCW 9A.52.090 and 1986 c 219 s 2 are each amended to
read as follows:
In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a
defense that:
(1) A building involved in an offense under RCW 9A.52.070 was
abandoned; or
(2) The premises were at the time open to members of the public and
the actor complied with all lawful conditions imposed on access to or
remaining in the premises; or
(3) The actor reasonably believed that the owner of the premises,
or other person empowered to license access thereto, would have
licensed him or her to enter or remain; or
(4) The actor was attempting to serve legal process which includes
any document required or allowed to be served upon persons or property,
by any statute, rule, ordinance, regulation, or court order, excluding
delivery by the mails of the United States. This defense applies only
if the actor did not enter into a private residence or other building
not open to the public and the entry onto the premises was reasonable
and necessary for service of the legal process.
Sec. 375 RCW 9A.52.095 and 1982 1st ex.s. c 47 s 13 are each
amended to read as follows:
(1) A person is guilty of vehicle prowling in the first degree if,
with intent to commit a crime against a person or property therein, he
or she enters or remains unlawfully in a motor home, as defined in RCW
46.04.305, or in a vessel equipped for propulsion by mechanical means
or by sail which has a cabin equipped with permanently installed
sleeping quarters or cooking facilities.
(2) Vehicle prowling in the first degree is a class C felony.
Sec. 376 RCW 9A.52.100 and 1982 1st ex.s. c 47 s 14 are each
amended to read as follows:
(1) A person is guilty of vehicle prowling in the second degree if,
with intent to commit a crime against a person or property therein, he
or she enters or remains unlawfully in a vehicle other than a motor
home, as defined in RCW 46.04.305, or a vessel equipped for propulsion
by mechanical means or by sail which has a cabin equipped with
permanently installed sleeping quarters or cooking facilities.
(2) Vehicle prowling in the second degree is a gross misdemeanor.
Sec. 377 RCW 9A.56.120 and 1975 1st ex.s. c 260 s 9A.56.120 are
each amended to read as follows:
(1) A person is guilty of extortion in the first degree if he or
she commits extortion by means of a threat as defined in RCW
9A.04.110(((25))) (27) (a), (b), or (c).
(2) Extortion in the first degree is a class B felony.
Sec. 378 RCW 9A.56.180 and 1975-'76 2nd ex.s. c 38 s 11 are each
amended to read as follows:
(1) A person is guilty of obscuring the identity of a machine if he
or she knowingly:
(a) Obscures the manufacturer's serial number or any other
distinguishing identification number or mark upon any vehicle, machine,
engine, apparatus, appliance, or other device with intent to render it
unidentifiable; or
(b) Possesses a vehicle, machine, engine, apparatus, appliance, or
other device held for sale knowing that the serial number or other
identification number or mark has been obscured.
(2) "Obscure" means to remove, deface, cover, alter, destroy, or
otherwise render unidentifiable.
(3) Obscuring the identity of a machine is a gross misdemeanor.
Sec. 379 RCW 9A.56.190 and 1975 1st ex.s. c 260 s 9A.56.190 are
each amended to read as follows:
A person commits robbery when he or she unlawfully takes personal
property from the person of another or in his or her presence against
his or her will by the use or threatened use of immediate force,
violence, or fear of injury to that person or his or her property or
the person or property of anyone. Such force or fear must be used to
obtain or retain possession of the property, or to prevent or overcome
resistance to the taking; in either of which cases the degree of force
is immaterial. Such taking constitutes robbery whenever it appears
that, although the taking was fully completed without the knowledge of
the person from whom taken, such knowledge was prevented by the use of
force or fear.
Sec. 380 RCW 9A.56.210 and 1975 1st ex.s. c 260 s 9A.56.210 are
each amended to read as follows:
(1) A person is guilty of robbery in the second degree if he or she
commits robbery.
(2) Robbery in the second degree is a class B felony.
Sec. 381 RCW 9A.60.010 and 1999 c 143 s 38 are each amended to
read as follows:
The following definitions and the definitions of RCW 9A.56.010 are
applicable in this chapter unless the context otherwise requires:
(1) "Written instrument" means: (a) Any paper, document, or other
instrument containing written or printed matter or its equivalent; or
(b) any access device, token, stamp, seal, badge, trademark, or other
evidence or symbol of value, right, privilege, or identification;
(2) "Complete written instrument" means one which is fully drawn
with respect to every essential feature thereof;
(3) "Incomplete written instrument" means one which contains some
matter by way of content or authentication but which requires
additional matter in order to render it a complete written instrument;
(4) To "falsely make" a written instrument means to make or draw a
complete or incomplete written instrument which purports to be
authentic, but which is not authentic either because the ostensible
maker is fictitious or because, if real, he or she did not authorize
the making or drawing thereof;
(5) To "falsely complete" a written instrument means to transform
an incomplete written instrument into a complete one by adding or
inserting matter, without the authority of anyone entitled to grant it;
(6) To "falsely alter" a written instrument means to change,
without authorization by anyone entitled to grant it, a written
instrument, whether complete or incomplete, by means of erasure,
obliteration, deletion, insertion of new matter, transposition of
matter, or in any other manner;
(7) "Forged instrument" means a written instrument which has been
falsely made, completed, or altered.
Sec. 382 RCW 9A.60.020 and 2003 c 119 s 5 are each amended to
read as follows:
(1) A person is guilty of forgery if, with intent to injure or
defraud:
(a) He or she falsely makes, completes, or alters a written
instrument or;
(b) He or she possesses, utters, offers, disposes of, or puts off
as true a written instrument which he or she knows to be forged.
(2) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have
been committed in any locality where the person whose means of
identification or financial information was appropriated resides, or in
which any part of the offense took place, regardless of whether the
defendant was ever actually in that locality.
(3) Forgery is a class C felony.
Sec. 383 RCW 9A.60.030 and 1975-'76 2nd ex.s. c 38 s 14 are each
amended to read as follows:
(1) A person is guilty of obtaining a signature by deception or
duress if by deception or duress and with intent to defraud or deprive
he or she causes another person to sign or execute a written
instrument.
(2) Obtaining a signature by deception or duress is a class C
felony.
Sec. 384 RCW 9A.60.050 and 1975-'76 2nd ex.s. c 38 s 15 are each
amended to read as follows:
(1) A person is guilty of false certification, if, being an officer
authorized to take a proof or acknowledgment of an instrument which by
law may be recorded, he or she knowingly certifies falsely that the
execution of such instrument was acknowledged by any party thereto or
that the execution thereof was proved.
(2) False certification is a gross misdemeanor.
Sec. 385 RCW 9A.64.010 and 1986 c 257 s 14 are each amended to
read as follows:
(1) A person is guilty of bigamy if he or she intentionally marries
or purports to marry another person when either person has a living
spouse.
(2) In any prosecution under this section, it is a defense that at
the time of the subsequent marriage or purported marriage:
(a) The actor reasonably believed that the prior spouse was dead;
or
(b) A court had entered a judgment purporting to terminate or annul
any prior disqualifying marriage and the actor did not know that such
judgment was invalid; or
(c) The actor reasonably believed that he or she was legally
eligible to marry.
(3) The limitation imposed by RCW 9A.04.080 on commencing a
prosecution for bigamy does not begin to run until the death of the
prior or subsequent spouse of the actor or until a court enters a
judgment terminating or annulling the prior or subsequent marriage.
(4) Bigamy is a class C felony.
Sec. 386 RCW 9A.68.010 and 1975 1st ex.s. c 260 s 9A.68.010 are
each amended to read as follows:
(1) A person is guilty of bribery if:
(a) With the intent to secure a particular result in a particular
matter involving the exercise of the public servant's vote, opinion,
judgment, exercise of discretion, or other action in his or her
official capacity, he or she offers, confers, or agrees to confer any
pecuniary benefit upon such public servant; or
(b) Being a public servant, he or she requests, accepts, or agrees
to accept any pecuniary benefit pursuant to an agreement or
understanding that his or her vote, opinion, judgment, exercise of
discretion, or other action as a public servant will be used to secure
or attempt to secure a particular result in a particular matter.
(2) It is no defense to a prosecution under this section that the
public servant sought to be influenced was not qualified to act in the
desired way, whether because he or she had not yet assumed office,
lacked jurisdiction, or for any other reason.
(3) Bribery is a class B felony.
Sec. 387 RCW 9A.68.020 and 1975 1st ex.s. c 260 s 9A.68.020 are
each amended to read as follows:
(1) A public servant is guilty of requesting unlawful compensation
if he or she requests a pecuniary benefit for the performance of an
official action knowing that he or she is required to perform that
action without compensation or at a level of compensation lower than
that requested.
(2) Requesting unlawful compensation is a class C felony.
Sec. 388 RCW 9A.68.030 and 1975 1st ex.s. c 260 s 9A.68.030 are
each amended to read as follows:
(1) A person is guilty of receiving or granting unlawful
compensation if:
(a) Being a public servant, he or she requests, accepts, or agrees
to accept compensation for advice or other assistance in preparing a
bill, contract, claim, or transaction regarding which he or she knows
he or she is likely to have an official discretion to exercise; or
(b) He or she knowingly offers, pays, or agrees to pay compensation
to a public servant for advice or other assistance in preparing or
promoting a bill, contract, claim, or other transaction regarding which
the public servant is likely to have an official discretion to
exercise.
(2) Receiving or granting unlawful compensation is a class C
felony.
Sec. 389 RCW 9A.68.040 and 1975 1st ex.s. c 260 s 9A.68.040 are
each amended to read as follows:
(1) A person is guilty of trading in public office if:
(a) He or she offers, confers, or agrees to confer any pecuniary
benefit upon a public servant pursuant to an agreement or understanding
that such actor will or may be appointed to a public office; or
(b) Being a public servant, he or she requests, accepts, or agrees
to accept any pecuniary benefit from another person pursuant to an
agreement or understanding that such person will or may be appointed to
a public office.
(2) Trading in public office is a class C felony.
Sec. 390 RCW 9A.68.050 and 1975 1st ex.s. c 260 s 9A.68.050 are
each amended to read as follows:
(1) A person is guilty of trading in special influence if:
(a) He or she offers, confers, or agrees to confer any pecuniary
benefit upon another person pursuant to an agreement or understanding
that such other person will offer or confer a benefit upon a public
servant or procure another to do so with intent thereby to secure or
attempt to secure a particular result in a particular matter; or
(b) He or she requests, accepts, or agrees to accept any pecuniary
benefit pursuant to an agreement or understanding that he or she will
offer or confer a benefit upon a public servant or procure another to
do so with intent thereby to secure or attempt to secure a particular
result in a particular matter.
(2) Trading in special influence is a class C felony.
Sec. 391 RCW 9A.72.020 and 1975 1st ex.s. c 260 s 9A.72.020 are
each amended to read as follows:
(1) A person is guilty of perjury in the first degree if in any
official proceeding he or she makes a materially false statement which
he or she knows to be false under an oath required or authorized by
law.
(2) Knowledge of the materiality of the statement is not an element
of this crime, and the actor's mistaken belief that his or her
statement was not material is not a defense to a prosecution under this
section.
(3) Perjury in the first degree is a class B felony.
Sec. 392 RCW 9A.72.040 and 1975 1st ex.s. c 260 s 9A.72.040 are
each amended to read as follows:
(1) A person is guilty of false swearing if he or she makes a false
statement, which he or she knows to be false, under an oath required or
authorized by law.
(2) False swearing is a gross misdemeanor.
Sec. 393 RCW 9A.72.060 and 1975-'76 2nd ex.s. c 38 s 16 are each
amended to read as follows:
No person shall be convicted of perjury or false swearing if he or
she retracts his or her false statement in the course of the same
proceeding in which it was made, if in fact he or she does so before it
becomes manifest that the falsification is or will be exposed and
before the falsification substantially affects the proceeding.
Statements made in separate hearings at separate stages of the same
trial, administrative, or other official proceeding shall be treated as
if made in the course of the same proceeding.
Sec. 394 RCW 9A.72.080 and 1975 1st ex.s. c 260 s 9A.72.080 are
each amended to read as follows:
Every unqualified statement of that which one does not know to be
true is equivalent to a statement of that which he or she knows to be
false.
Sec. 395 RCW 9A.72.130 and 1985 c 327 s 3 are each amended to
read as follows:
(1) A person is guilty of intimidating a juror if a person directs
a threat to a former juror because of the juror's vote, opinion,
decision, or other official action as a juror, or if, by use of a
threat, he or she attempts to influence a juror's vote, opinion,
decision, or other official action as a juror.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately
to use force against any person who is present at the time; or
(b) Threats as defined in RCW 9A.04.110(((25))).
(3) Intimidating a juror is a class B felony.
Sec. 396 RCW 9A.72.140 and 1975 1st ex.s. c 260 s 9A.72.140 are
each amended to read as follows:
(1) A person is guilty of jury tampering if with intent to
influence a juror's vote, opinion, decision, or other official action
in a case, he or she attempts to communicate directly or indirectly
with a juror other than as part of the proceedings in the trial of the
case.
(2) Jury tampering is a gross misdemeanor.
Sec. 397 RCW 9A.72.150 and 1975 1st ex.s. c 260 s 9A.72.150 are
each amended to read as follows:
(1) A person is guilty of tampering with physical evidence if,
having reason to believe that an official proceeding is pending or
about to be instituted and acting without legal right or authority, he
or she:
(a) Destroys, mutilates, conceals, removes, or alters physical
evidence with intent to impair its appearance, character, or
availability in such pending or prospective official proceeding; or
(b) Knowingly presents or offers any false physical evidence.
(2) "Physical evidence" as used in this section includes any
article, object, document, record, or other thing of physical
substance.
(3) Tampering with physical evidence is a gross misdemeanor.
Sec. 398 RCW 9A.76.030 and 1975 1st ex.s. c 260 s 9A.76.030 are
each amended to read as follows:
(1) A person is guilty of refusing to summon aid for a peace
officer if, upon request by a person he or she knows to be a peace
officer, he or she unreasonably refuses or fails to summon aid for such
peace officer.
(2) Refusing to summon aid for a peace officer is a misdemeanor.
Sec. 399 RCW 9A.76.040 and 1975 1st ex.s. c 260 s 9A.76.040 are
each amended to read as follows:
(1) A person is guilty of resisting arrest if he or she
intentionally prevents or attempts to prevent a peace officer from
lawfully arresting him or her.
(2) Resisting arrest is a misdemeanor.
Sec. 400 RCW 9A.76.050 and 1982 1st ex.s. c 47 s 20 are each
amended to read as follows:
As used in RCW 9A.76.070, 9A.76.080, and 9A.76.090, a person
"renders criminal assistance" if, with intent to prevent, hinder, or
delay the apprehension or prosecution of another person who he or she
knows has committed a crime or juvenile offense or is being sought by
law enforcement officials for the commission of a crime or juvenile
offense or has escaped from a detention facility, he or she:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or apprehension; or
(3) Provides such person with money, transportation, disguise, or
other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by use of force, deception, or threat,
anyone from performing an act that might aid in the discovery or
apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence that might
aid in the discovery or apprehension of such person; or
(6) Provides such person with a weapon.
Sec. 401 RCW 9A.76.090 and 1975 1st ex.s. c 260 s 9A.76.090 are
each amended to read as follows:
(1) A person is guilty of rendering criminal assistance in the
third degree if he or she renders criminal assistance to a person who
has committed a gross misdemeanor or misdemeanor.
(2) Rendering criminal assistance in the third degree is a
misdemeanor.
Sec. 402 RCW 9A.76.100 and 1975 1st ex.s. c 260 s 9A.76.100 are
each amended to read as follows:
(1) A person is guilty of compounding if:
(a) He or she requests, accepts, or agrees to accept any pecuniary
benefit pursuant to an agreement or understanding that he or she will
refrain from initiating a prosecution for a crime; or
(b) He or she confers, or offers or agrees to confer, any pecuniary
benefit upon another pursuant to an agreement or understanding that
such other person will refrain from initiating a prosecution for a
crime.
(2) In any prosecution under this section, it is a defense if
established by a preponderance of the evidence that the pecuniary
benefit did not exceed an amount which the defendant reasonably
believed to be due as restitution or indemnification for harm caused by
the crime.
(3) Compounding is a gross misdemeanor.
Sec. 403 RCW 9A.76.130 and 1975 1st ex.s. c 260 s 9A.76.130 are
each amended to read as follows:
(1) A person is guilty of escape in the third degree if he or she
escapes from custody.
(2) Escape in the third degree is a gross misdemeanor.
Sec. 404 RCW 9A.76.140 and 1975 1st ex.s. c 260 s 9A.76.140 are
each amended to read as follows:
(1) A person is guilty of introducing contraband in the first
degree if he or she knowingly provides any deadly weapon to any person
confined in a detention facility.
(2) Introducing contraband in the first degree is a class B felony.
Sec. 405 RCW 9A.76.150 and 1975 1st ex.s. c 260 s 9A.76.150 are
each amended to read as follows:
(1) A person is guilty of introducing contraband in the second
degree if he or she knowingly and unlawfully provides contraband to any
person confined in a detention facility with the intent that such
contraband be of assistance in an escape or in the commission of a
crime.
(2) Introducing contraband in the second degree is a class C
felony.
Sec. 406 RCW 9A.76.160 and 1975 1st ex.s. c 260 s 9A.76.160 are
each amended to read as follows:
(1) A person is guilty of introducing contraband in the third
degree if he or she knowingly and unlawfully provides contraband to any
person confined in a detention facility.
(2) Introducing contraband in the third degree is a misdemeanor.
Sec. 407 RCW 9A.76.180 and 1975 1st ex.s. c 260 s 9A.76.180 are
each amended to read as follows:
(1) A person is guilty of intimidating a public servant if, by use
of a threat, he or she attempts to influence a public servant's vote,
opinion, decision, or other official action as a public servant.
(2) For purposes of this section "public servant" shall not include
jurors.
(3) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately
to use force against any person who is present at the time; or
(b) Threats as defined in RCW 9A.04.110(((25))).
(4) Intimidating a public servant is a class B felony.
Sec. 408 RCW 9A.80.010 and 1975-'76 2nd ex.s. c 38 s 17 are each
amended to read as follows:
(1) A public servant is guilty of official misconduct if, with
intent to obtain a benefit or to deprive another person of a lawful
right or privilege:
(a) He or she intentionally commits an unauthorized act under color
of law; or
(b) He or she intentionally refrains from performing a duty imposed
upon him or her by law.
(2) Official misconduct is a gross misdemeanor.
Sec. 409 RCW 9A.83.040 and 1992 c 210 s 4 are each amended to
read as follows:
No liability is imposed by this chapter upon any authorized state,
county, or municipal officer engaged in the lawful performance of his
or her duties, or upon any person who reasonably believes that he or
she is acting at the direction of such officer and that the officer is
acting in the lawful performance of his or her duties.
Sec. 410 RCW 9A.84.020 and 1975 1st ex.s. c 260 s 9A.84.020 are
each amended to read as follows:
(1) A person is guilty of failure to disperse if:
(a) He or she congregates with a group of three or more other
persons and there are acts of conduct within that group which create a
substantial risk of causing injury to any person, or substantial harm
to property; and
(b) He or she refuses or fails to disperse when ordered to do so by
a peace officer or other public servant engaged in enforcing or
executing the law.
(2) Failure to disperse is a misdemeanor.
Sec. 411 RCW 9A.84.040 and 1975 1st ex.s. c 260 s 9A.84.040 are
each amended to read as follows:
(1) A person is guilty of false reporting if with knowledge that
the information reported, conveyed, or circulated is false, he or she
initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a fire, explosion, crime,
catastrophe, or emergency knowing that such false report is likely to
cause evacuation of a building, place of assembly, or transportation
facility, or to cause public inconvenience or alarm.
(2) False reporting is a gross misdemeanor.
Sec. 412 RCW 9A.88.060 and 1975 1st ex.s. c 260 s 9A.88.060 are
each amended to read as follows:
The following definitions are applicable in RCW 9A.88.070 through
9A.88.090:
(1) "Advances prostitution." A person "advances prostitution" if,
acting other than as a prostitute or as a customer thereof, he or she
causes or aids a person to commit or engage in prostitution, procures
or solicits customers for prostitution, provides persons or premises
for prostitution purposes, operates or assists in the operation of a
house of prostitution or a prostitution enterprise, or engages in any
other conduct designed to institute, aid, or facilitate an act or
enterprise of prostitution.
(2) "Profits from prostitution." A person "profits from
prostitution" if, acting other than as a prostitute receiving
compensation for personally rendered prostitution services, he or she
accepts or receives money or other property pursuant to an agreement or
understanding with any person whereby he or she participates or is to
participate in the proceeds of prostitution activity.
Sec. 413 RCW 9A.88.080 and 1975 1st ex.s. c 260 s 9A.88.080 are
each amended to read as follows:
(1) A person is guilty of promoting prostitution in the second
degree if he or she knowingly:
(a) Profits from prostitution; or
(b) Advances prostitution.
(2) Promoting prostitution in the second degree is a class C
felony.
Sec. 414 RCW 9A.88.090 and 1975 1st ex.s. c 260 s 9A.88.090 are
each amended to read as follows:
(1) A person is guilty of permitting prostitution if, having
possession or control of premises which he or she knows are being used
for prostitution purposes, he or she fails without lawful excuse to
make reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor.
Sec. 415 RCW 15.66.150 and 1981 c 297 s 40 are each amended to
read as follows:
There is hereby levied, and there shall be collected by each
commission, upon each and every unit of any agricultural commodity
specified in any marketing order an annual assessment which shall be
paid by the producer thereof upon each and every such unit sold,
processed, stored, or delivered for sale, processing, or storage by him
or her. Such assessments shall be expressed as a stated amount of
money per unit or as a percentage of the net unit price at the time of
sale. The total amount of such annual assessment to be paid by all
affected producers of such commodity shall not exceed three percent of
the total market value of all affected units sold, processed, stored,
or delivered for sale, processing, or storage by all affected producers
of such units during the year to which the assessment applies.
Every marketing order shall prescribe the per unit or percentage
rate of such assessment. Such rate may be at the full amount of, or at
any lesser amount than the amount hereinabove limited and may be
altered from time to time by amendment of such order. In every such
marketing order and amendment the determination of such rate shall be
based upon the volume and price of sales of affected units during a
period which the director determines to be a representative period.
The per unit or percentage rate of assessment prescribed in any such
order or amendment shall for all purposes and times be deemed to be
within the limits of assessment above provided until such time as such
order is amended as to such rate. However, at the end of any year, any
affected producer may obtain a refund from the commission of any
assessment payments made which exceed three percent of the total market
value of all of the affected commodity sold, processed, stored, or
delivered for sale, processing, or storage by such producer during the
year. Such refund shall be made only upon satisfactory proof given by
such producer in accordance with reasonable rules and regulations
prescribed by the director. Such market value shall be based upon the
average sales price received by such producer during the year from all
his or her bona fide sales or, if such producer did not sell twenty-five percent or more of all of the affected commodity produced by him
or her during the year, such market value shall be determined by the
director upon other sales of the affected commodity determined by the
director to be representative and comparable.
To collect such assessment each order may require:
(1) Stamps to be purchased from the affected commodity commission
or other authority stated in such order and attached to the containers,
invoices, shipping documents, inspection certificates, releases, or
receiving receipts or tickets (said stamps to be canceled immediately
upon being attached and the date of cancellation placed thereon).
(2) Payment of producer assessments before the affected units are
shipped off the farm or payment of assessments at different or later
times, and in such event the order may require any person subject to
the assessment to give adequate assurance or security for its payment.
(3) Every affected producer subject to assessment under such order
to deposit with the commission in advance an amount based on the
estimated number of affected units upon which such person will be
subject to such assessment in any one year during which such marketing
order is in force, or upon any other basis which the director
determines to be reasonable and equitable and specifies in such order,
but in no event shall such deposit exceed twenty-five percent of the
estimated total annual assessment payable by such person. At the close
of such marketing year the sums so deposited shall be adjusted to the
total of such assessments payable by such person.
(4) Handlers receiving the affected commodity from the producer,
including ((warehousemen)) warehouse operators and processors, to
collect producer assessments from producers whose production they
handle and remit the same to the affected commission. The lending
agency for a commodity credit corporation loan to producers shall be
deemed a handler for the purpose of this subsection. No affected units
shall be transported, carried, shipped, sold, stored, or otherwise
handled or disposed of until every due and payable assessment herein
provided for has been paid and the receipt issued, but no liability
hereunder shall attach to common carriers in the regular course of
their business.
Sec. 416 RCW 15.80.420 and 1969 ex.s. c 100 s 13 are each amended
to read as follows:
It shall be a violation of this chapter to transport by highway any
hay, straw, or grain which has been purchased by weight or will be
purchased by weight, unless it is weighed and a certified weight ticket
is issued thereon, by the first licensed public weighmaster which would
be encountered on the ordinary route to the destination where the hay,
straw, or grain is to be unloaded: PROVIDED, HOWEVER, That this
section shall not apply to the following:
(1) The transportation of, or sale of, hay, straw, or grain by the
primary producer thereof;
(2) The transportation of hay, straw, or grain by an
agriculturalist for use in his or her own growing, or animal or poultry
husbandry endeavors;
(3) The transportation of grain by a party who is either a
((warehouseman)) warehouse operator or grain dealer and who is licensed
under the grain warehouse laws and who makes such shipment in the
course of the business for which he or she is so licensed;
(4) The transportation of hay, straw, or grain by retail merchants,
except for the provisions of RCW 15.80.430 and 15.80.440;
(5) The transportation of grain from a warehouse licensed under the
grain warehouse laws when the transported grain is consigned directly
to a public terminal warehouse.
Sec. 417 RCW 15.115.270 and 2009 c 33 s 28 are each amended to
read as follows:
(1) The collection of the assessment made and levied by the
commission must be paid by the producer upon all commercial quantities
of wheat and all commercial quantities of barley sold, processed,
stored, or delivered for sale, processing, or storage by the producer.
However, an assessment may not be levied or collected on wheat or
barley grown and used by the producer for feed, seed, or personal
consumption.
(2) Handlers including ((warehousemen)) warehouse operators,
processors, and feedlots receiving wheat or barley in commercial
quantities from producers shall collect the assessment made and levied
by the commission from each producer whose production they handle and
remit the assessment to the commission on a monthly basis. Affected
units of wheat or barley must not be transported, carried, shipped,
sold, stored, or otherwise handled or disposed of until every due and
payable assessment under this chapter has been paid and the receipt
issued, but liability under this chapter does not attach to common
carriers in the regular course of their business.
(3) Any due and payable assessment levied under this chapter
constitutes a personal debt of every person so assessed or who
otherwise owes the assessment, and the assessment is due and payable to
the commission on a monthly basis. In the event any person fails to
pay the full amount of such an assessment, the commission may add to
the unpaid assessment an amount not exceeding ten percent of the unpaid
assessment to defray the cost of enforcing the collecting of the unpaid
assessment. In the event of failure of the person or persons to pay
any due and payable assessment, the commission may bring a civil action
against the person or persons in a state court of competent
jurisdiction for the collection thereof, together with the additional
ten percent, and the action must be tried and judgment rendered as in
any other cause of action for debt due and payable. Venue for an
action against a person owing a due and payable assessment to the
commission is in Spokane county or a county in which the person
produces or handles wheat or barley.
Sec. 418 RCW 16.04.020 and 1893 c 31 s 2 are each amended to read
as follows:
Whenever any animals are restrained as provided in RCW 16.04.010,
the person restraining such animals shall within twenty-four hours
thereafter notify in writing the owner, or person in whose custody the
same was at the time the trespass was committed, of the seizure of such
animals, and the probable amount of the damages sustained: PROVIDED,
He or she knows to whom such animals belong.
Sec. 419 RCW 16.24.120 and 1989 c 286 s 12 are each amended to
read as follows:
Upon taking possession of any livestock at large contrary to the
provisions of RCW ((16.13.020)) 16.24.110, or any unclaimed livestock
submitted or impounded, by any person, at any public livestock market
or any other facility approved by the director, the sheriff or brand
inspector shall cause it to be transported to and impounded at the
nearest public livestock market licensed under chapter 16.65 RCW or at
such place as approved by the director. If the sheriff has impounded
an animal in accordance with this section, he or she shall forthwith
notify the nearest brand inspector of the department of agriculture,
who shall examine the animal and, by brand, tattoo, or other
identifying characteristic, shall attempt to ascertain the ownership
thereof.
Sec. 420 RCW 16.24.180 and 1989 c 286 s 15 are each amended to
read as follows:
It shall be lawful for any person having cows or heifers running at
large in this state to take up or capture and castrate, at the risk of
the owner, at any time between the first day of March and the fifteenth
day of May, any bull above the age of ten months found running at large
out of the enclosed grounds of the owner or keeper. It shall be lawful
for any person to take up or capture and geld, at the risk of the
owner, between April 1st and September 30th of any year, any stud horse
or jackass or any male mule above the age of eighteen months found
running at large out of the enclosed grounds of the owner or keeper.
If the said animal shall die, as a result of such castration, the owner
shall have no recourse against the person who shall have taken up or
captured and castrated, or caused to be castrated, the said animal:
PROVIDED, Such act of castration shall have been skillfully done by a
person accustomed to doing the same: AND PROVIDED FURTHER, That if the
person so taking up or capturing such animal, or causing it to be so
taken up or captured, shall know the owner or keeper of such animal,
and shall know that said animal is being kept for breeding purposes, it
shall be his or her duty forthwith to notify such owner or keeper of
the taking up of said animal, and if such owner or keeper shall not
within two days after being so notified pay for the reasonable costs of
keeping of said animal, and take and safely keep said animal thereafter
within his or her own enclosures, then it shall be lawful for the
taker-up of said animal to castrate the same, and the owner thereof
shall pay a reasonable sum for such act of castration, if done
skillfully, as hereinbefore required, and shall also pay for the
keeping of said animal as above provided, and the amount for which he
or she may be liable therefor may be recovered in an action at law in
any court having jurisdiction thereof: AND PROVIDED FURTHER, That if
said animal should be found running at large a third time within the
same year, and within the prohibited dates hereinbefore mentioned, it
shall be lawful for any person to capture and castrate the animal
without giving any notice to the owner or keeper whatever. For
purposes of this section, geld and castrate shall have the same
meaning.
Sec. 421 RCW 16.50.110 and 1967 c 31 s 2 are each amended to read
as follows:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state
of Washington.
(2) "Director" means the director of the department or his or her
duly appointed representative.
(3) "Humane method" means either: (a) A method whereby the animal
is rendered insensible to pain by mechanical, electrical, chemical, or
other means that is rapid and effective, before being shackled,
hoisted, thrown, cast, or cut; or (b) a method in accordance with the
ritual requirements of any religious faith whereby the animal suffers
loss of consciousness by anemia of the brain caused by the simultaneous
and instantaneous severance of the carotid arteries with a sharp
instrument.
(4) "Livestock" means cattle, calves, sheep, swine, horses, mules,
and goats.
(5) "Packer" means any person engaged in the business of
slaughtering livestock.
(6) "Person" means a natural person, individual, firm, partnership,
corporation, company, society, and association and every officer,
agent, or employee, thereof. This term shall import either the
singular or plural, as the case may be.
(7) "Slaughterer" means any person engaged in the commercial or
custom slaughtering of livestock, including custom farm slaughterers.
Sec. 422 RCW 16.50.120 and 1967 c 31 s 3 are each amended to read
as follows:
No slaughterer or packer shall bleed or slaughter any livestock
except by a humane method: PROVIDED, That the director may, by
administrative order, exempt a person from compliance with this chapter
for a period of not to exceed six months if he or she finds that an
earlier compliance would cause such person undue hardship.
Sec. 423 RCW 16.50.130 and 1967 c 31 s 4 are each amended to read
as follows:
The director shall administer the provisions of this chapter. He
or she shall adopt and may from time to time revise rules which shall
conform substantially to the rules and regulations promulgated by the
secretary of agriculture of the United States pursuant to the federal
humane slaughter act of 1958, Public Law 85-765, 72 Stat. 862 and any
amendments thereto. Such rules shall be adopted pursuant to the
provisions of chapter 34.05 RCW as enacted or hereafter amended
concerning the adoption of rules.
Sec. 424 RCW 16.52.110 and 1901 c 146 s 13 are each amended to
read as follows:
Every owner, driver, or possessor of any old, maimed, or diseased
horse, cow, mule, or other domestic animal, who shall permit the same
to go loose in any lane, street, square, or lot or place of any city or
township, without proper care and attention, for more than three hours
after knowledge thereof, shall be guilty of a misdemeanor: PROVIDED,
That this shall not apply to any such owner keeping any old or diseased
animal belonging to him or her on his or her own premises with proper
care. Every sick, disabled, infirm, or crippled horse, ox, mule, cow,
or other domestic animal, which shall be abandoned on the public
highway, or in any open or enclosed space in any city or township, may,
if, after search by a peace officer or officer of such society no owner
can be found therefor, be killed by such officer; and it shall be the
duty of all peace and public officers to cause the same to be killed on
information of such abandonment.
Sec. 425 RCW 16.54.020 and 1955 c 190 s 2 are each amended to
read as follows:
Any person having in his or her care, custody, or control any
abandoned animal as defined in RCW 16.54.010, may deliver such animal
to any humane society having facilities for the care of such animals or
to any pound maintained by or under contract or agreement with any city
or county within which such animal was abandoned. If no such humane
society or pound exists within the county the person with whom the
animal was abandoned may notify the sheriff of the county wherein the
abandonment occurred.
Sec. 426 RCW 16.60.020 and 1907 c 13 s 1 are each amended to read
as follows:
When any fence has been, or shall hereafter be, erected by any
person on the boundary line of his or her land and the person owning
land adjoining thereto shall make, or cause to be made, an inclosure,
so that such fence may also answer the purpose of inclosing his or her
ground, he or she shall pay the owner of such fence already erected
one-half of the value of so much thereof as serves for a partition
fence between them: PROVIDED, That in case such fence has woven wire
or other material known as hog fencing, then the adjoining owner shall
not be required to pay the extra cost of such hog fencing over and
above the cost of erecting a lawful fence, as by law defined, unless
such adjoining owner has his or her land fenced with hog fencing and
uses the partition fence to make a hog enclosure of his or her land,
then he or she shall pay to the one who owns said hog fence one-half of
the value thereof.
Sec. 427 RCW 16.60.050 and 1907 c 13 s 2 are each amended to read
as follows:
The respective owners of adjoining inclosures shall keep up and
maintain in good repair all partition fences between such inclosures in
equal shares, so long as they shall continue to occupy or improve the
same; and in case either of the parties shall desire to make such fence
capable of turning hogs and the other party does not desire to use it
for such purpose, then the party desiring to use it shall have the
right to attach hog-fencing material to the posts of such fence, which
hog fencing shall remain the property of the party who put it up, and
he or she may remove it at any time he or she desires: PROVIDED, That
he or she leaves the fence in as good condition as it was when the hog
fencing was by him or her attached, the natural decay of the posts
excepted. The attaching of such hog fencing shall not relieve the
other party from the duty of keeping in repair his or her part of such
fence, as to all materials used in said fence additional to said hog
fencing.
Sec. 428 RCW 16.60.060 and Code 1881 s 2496 are each amended to
read as follows:
When any party shall wish to lay open his or her inclosure, he or
she shall notify any person owning adjoining inclosures, and if such
person shall not pay to the party giving notice one-half the value of
any partition fence between such enclosures, within three months after
receiving such notice, the party giving notice may proceed to remove
one-half of such fence, as provided in RCW 16.60.055.
Sec. 429 RCW 16.60.075 and Code 1881 s 2499 are each amended to
read as follows:
The owner of any animal that is unruly, and in the habit of
breaking through or throwing down fences, if after being notified that
such animal is unruly and in the habit of breaking through or throwing
down fences as aforesaid, he or she shall allow such animal to run at
large, shall be liable for all damages caused by such animal, and any
and all other animals, that may be in company with such animal.
Sec. 430 RCW 16.60.080 and Code 1881, Bagley's Supp., p 25 s 1
are each amended to read as follows:
Whenever any inhabitant of this state shall have his or her fences
removed by floods or destroyed by fire, the county commissioners of the
county in which he or she resides shall have power to grant a license
or permit for him or her to put a convenient gate or gates across any
highway for a limited period of time, to be named in their order, in
order to secure him or her from depredations upon his or her crops
until he or she can repair his or her fences, and they shall grant such
license or permit for no longer period than they may think absolutely
necessary.
Sec. 431 RCW 16.60.085 and Code 1881, Bagley's Supp., p 25 s 2
are each amended to read as follows:
It shall be lawful for the auditor of any county to grant such
permit in vacation, but his or her license shall not extend past the
next meeting of the commissioner's court.
Sec. 432 RCW 16.60.090 and Code 1881, Bagley's Supp., p 25 s 3
are each amended to read as follows:
Any person retaining a gate across the highway after his or her
license shall expire, shall be subject to a fine of one dollar for the
first day and fifty cents for each subsequent day he or she shall
retain the same, and it may be removed by the road supervisor, as an
obstruction, at the cost of the person placing or keeping it upon the
highway.
Sec. 433 RCW 16.65.130 and 1959 c 107 s 13 are each amended to
read as follows:
It shall be unlawful for the licensee to use for his or her own
purposes consignor's net proceeds, or funds received by such licensee
to purchase livestock on order, through recourse to the so-called
"float" in the bank account, or in any other manner.
Sec. 434 RCW 16.65.330 and 1959 c 107 s 33 are each amended to
read as follows:
For the purpose of making investigations as provided for in RCW
16.65.320, the director may enter a public livestock market and examine
any records required under the provisions of this chapter. The
director shall have full authority to issue subpoenas requiring the
attendance of witnesses before him or her, together with all books,
memorandums, papers, and other documents relative to the matters under
investigation, and to administer oaths and take testimony thereunder.
Sec. 435 RCW 16.65.410 and 1959 c 107 s 41 are each amended to
read as follows:
It shall be unlawful for a packer to own or control more than a
twenty percent interest in any public livestock market, directly or
indirectly through stock ownership or control, or otherwise by himself
or herself or through his or her agents or employees.
Sec. 436 RCW 16.67.090 and 2002 c 313 s 82 are each amended to
read as follows:
The powers and duties of the commission shall include the
following:
(1) To administer and enforce the provisions of this chapter, and
do all things reasonably necessary to effectuate the purposes of this
chapter;
(2) To elect a ((chairman)) chair and such other officers as it
deems advisable;
(3) To employ and discharge at its discretion a manager, secretary,
and such other personnel, including attorneys engaged in the private
practice of law subject to the review of the attorney general, as the
commission determines are necessary and proper to carry out the
purposes of this chapter, and to prescribe their duties and powers and
fix their compensation;
(4) To adopt, rescind, and amend rules, regulations, and orders for
the exercise of its powers hereunder subject to the provisions of
chapter 34.05 RCW, except that rule-making proceedings conducted under
this chapter are exempt from compliance with RCW 34.05.310, the
provisions of chapter 19.85 RCW, the regulatory fairness act, and the
provisions of RCW 43.135.055 when adoption of the rule is determined by
a referendum vote of the affected parties;
(5) To establish by resolution, a headquarters which shall continue
as such unless and until so changed by the commission. All records,
books, and minutes of the commission shall be kept at such
headquarters;
(6) To require a bond of all commission members and employees of
the commission in a position of trust in the amount the commission
shall deem necessary. The premium for such bond or bonds shall be paid
by the commission from assessments collected. Such bond shall not be
necessary if any such commission member or employee is covered by any
blanket bond covering officials or employees of the state of
Washington;
(7) To establish a beef commission revolving fund, such fund to be
deposited in a bank or banks or financial institution or institutions,
approved for the deposit of state funds, in which all money received by
the commission, except an amount of petty cash for each day's needs not
to exceed one hundred dollars, shall be deposited each day or as often
during the day as advisable; none of the provisions of RCW 43.01.050 as
now or hereafter amended shall apply to money collected under this
chapter;
(8) To prepare a budget or budgets covering anticipated income and
expenses to be incurred in carrying out the provisions of this chapter
during each fiscal year;
(9) To incur expense and enter into contracts and to create such
liabilities as may be reasonable for the proper administration and
enforcement of this chapter;
(10) To borrow money, not in excess of its estimate of its revenue
from the current year's contributions;
(11) To keep or cause to be kept in accordance with accepted
standards of good accounting practice, accurate records of all
assessments, expenditures, moneys, and other financial transactions
made and done pursuant to this chapter. Such records, books, and
accounts shall be audited at least every five years subject to
procedures and methods lawfully prescribed by the state auditor. Such
books and accounts shall be closed as of the last day of each fiscal
year. A copy of such audit shall be delivered within thirty days after
completion thereof to the director, the state auditor, and the
commission. On such years and in such event the state auditor is
unable to audit the records, books, and accounts within six months
following the close of the audit period it shall be mandatory that the
commission employ a private auditor to make such audit;
(12) To sue and be sued as a commission, without individual
liability for acts of the commission within the scope of the powers
conferred upon it by this chapter;
(13) To cooperate with any other local, state, or national
commission, organization, or agency, whether voluntary or established
by state or federal law, including recognized livestock groups, engaged
in work or activities similar to the work and activities of the
commission created by this chapter and make contracts and agreements
with such organizations or agencies for carrying on joint programs
beneficial to the beef industry;
(14) To accept grants, donations, contributions, or gifts from any
governmental agency or private source for expenditures for any purpose
consistent with the provisions of this chapter; and
(15) To operate jointly with beef commissions or similar agencies
established by state laws in adjoining states.
Sec. 437 RCW 16.67.160 and 1969 c 133 s 15 are each amended to
read as follows:
Obligations incurred by the commission and liabilities or claims
against the commission shall be enforced only against the assets of the
commission in the same manner as if it were a corporation and no
liability for the debts or actions of the commission shall exist
against either the state of Washington or any subdivision or
instrumentality thereof or against any member officer, employee, or
agent of the commission in his or her individual capacity. The members
of the commission including employees of the commission shall not be
held responsible individually or any way whatsoever to any person for
errors in judgment, mistakes, or other acts, either of commission or
omission, as principal, agent, person, or employees, except for their
own individual acts of dishonesty or crime. No such person or employee
shall be held responsible individually for any act or omission of any
other member of the commission. The liability of the members of the
commission shall be several and not joint and no member shall be liable
for the default of any other member.
Sec. 438 RCW 16.68.010 and 1949 c 100 s 1 are each amended to
read as follows:
For the purposes of this chapter, unless clearly indicated
otherwise by the context:
(1) "Director" means the director of agriculture;
(2) "Meat food animal" means cattle, horses, mules, asses, swine,
sheep, and goats;
(3) "Dead animal" means the body of a meat food animal, or any part
or portion thereof: PROVIDED, That the following dead animals are
exempt from the provisions of this chapter:
(a) Edible products from a licensed slaughtering establishment;
(b) Edible products where the meat food animal was slaughtered
under farm slaughter permit;
(c) Edible products where the meat food animal was slaughtered by
a bona fide farmer on his or her own ranch for his or her own
consumption;
(d) Hides from meat food animals that are properly identified as to
ownership and brands;
(4) "Carcass" means all parts, including viscera, of a dead meat
food animal;
(5) "Person" means any individual, firm, corporation, partnership,
or association;
(6) "Rendering plant" means any place of business or location where
dead animals or any part or portion thereof, or packing house refuse,
are processed for the purpose of obtaining the hide, skin, grease
residue, or any other by-product whatsoever;
(7) "Substation" means a properly equipped and authorized
concentration site for the temporary storage of dead animals or packing
house refuse pending final delivery to a licensed rendering plant;
(8) "Place of transfer" means an authorized reloading site for the
direct transfer of dead animals or packing house refuse from the
vehicle making original pickup to the line vehicle that will transport
the dead animals or packing house refuse to a specified licensed
rendering plant;
(9) "Independent collector" means any person who does not own a
licensed rendering plant within the state of Washington but is properly
equipped and licensed to transport dead animals or packing house refuse
to a specified rendering plant.
Sec. 439 RCW 16.68.030 and 1949 c 100 s 3 are each amended to
read as follows:
It is unlawful for any person to sell, offer for sale, or give away
a dead animal or convey the same along any public road or land not his
or her own: PROVIDED, That dead animals may be sold or given away to
and legally transported on highways by a person having an unrevoked,
annual license to operate a rendering plant or by a person having an
unrevoked, annual license to operate as an independent collector.
Sec. 440 RCW 16.68.080 and 1949 c 100 s 8 are each amended to
read as follows:
Any license or permit issued under this chapter shall expire on the
thirtieth day of June next subsequent to the date of issue, and may be
sooner revoked by the director or his or her authorized representative
for violations of this chapter. Any licensee or permittee under this
chapter shall have the right to demand a hearing before the director
before a revocation is made permanent.
Sec. 441 RCW 16.68.100 and 1949 c 100 s 10 are each amended to
read as follows:
If the director finds that the locations, buildings, substations
equipment, vehicles, places of transfer, or proposed method of
operation do not fully comply with the requirements of this chapter, he
or she shall notify the applicant by registered letter wherein the same
fails to comply. If the applicant whose plant or operation failed to
comply notifies the director within ten days from the receipt of the
registered letter that he or she will discontinue operations, the fee
accompanying the application will be returned to him or her; otherwise
no part of the fee will be refunded. If the applicant whose plant
failed to comply within a reasonable time, to be fixed by the director
or his or her authorized representative, notifies the director that
such defects are remedied, a second inspection shall be made. Not more
than two inspections may be made on one application.
Sec. 442 RCW 16.68.110 and 1949 c 100 s 12 are each amended to
read as follows:
Every licensee under this chapter must comply with the following:
(1) All floors shall be constructed of concrete or other impervious
material, shall be kept reasonably clean and in good repair. Floors
shall slope at least one-fourth inch to the foot toward drains, and
slope at least three-eighths inch to the foot as the drains are
approached.
(2) Adequate sanitary drainage must be provided leading to approved
grease traps and approved sewage disposal system. No point on the
floor shall be over sixteen feet from a drain.
(3) Suitable disposal of paunch contents must be provided in
accordance with sanitary regulations.
(4) Walls shall be of impervious material to a height not less than
six feet from the floor with a tight union with the floor.
(5) Potable water supply shall be provided for human consumption,
washing, and cleaning.
(6) Ample steam shall be provided for cleaning purposes.
(7) Approved toilet and dressing room facilities must be provided
for employees.
(8) The building must be kept free from flies, rats, mice, and
cockroaches.
(9) Premises must be kept neat and orderly and all buildings must
be attractive in appearance.
(10) All rendering plants, substations, and places of transfer
shall be so located, arranged, constructed, and maintained, and the
operation so conducted at all times as to be consistent with public
health and safety.
(11) Suitable facilities for the dipping, washing, and disinfecting
of hides obtained from animals that died or were killed on account of
an infectious or contagious disease, shall be provided.
(12) Two copies of building or remodeling plans shall be forwarded
to the director for his or her approval before such building or
remodeling is begun.
Sec. 443 RCW 16.68.130 and 1949 c 100 s 14 are each amended to
read as follows:
The director or his or her authorized agent, shall have free and
uninterrupted access to all parts of premises that come under the
provisions of this chapter, for the purpose of making inspections and
the examination of records.
Sec. 444 RCW 16.68.140 and 1949 c 100 s 15 are each amended to
read as follows:
It shall be unlawful for any person to transport, to sell, offer to
sell, or have on his or her premises horse meat for other than human
consumption unless said horse meat is decharacterized in a manner
prescribed by the director: PROVIDED, That this provision shall not
apply to carcasses slaughtered by a farmer for consumption on his or
her own ranch or to carcasses in the possession of a person licensed
under this chapter, or to canned horse meat meeting United States
bureau of animal industry regulations.
Sec. 445 RCW 16.70.030 and 1971 c 72 s 3 are each amended to read
as follows:
In the event of an emergency arising out of an outbreak of
communicable disease caused by exposure to or contact with pet animals,
the secretary is hereby authorized to take any reasonable action deemed
necessary by him or her to protect the public health, including but not
limited to the use of quarantine or the institution of any legal action
authorized pursuant to Title 7 RCW and RCW ((43.20A.640 through
43.20A.650)) 43.70.170, 43.70.180, and 43.70.190.
The secretary shall have authority to destroy any pet animal or
animals which may reasonably be suspected of having a communicable
disease dangerous to humans and such animal or animals are hereby
declared to be a public nuisance.
Sec. 446 RCW 17.04.070 and 1971 ex.s. c 292 s 15 are each amended
to read as follows:
If the board of county commissioners establish such district it
shall call a special meeting to be held within such district for the
purpose of electing three directors for such district. No person shall
be eligible to hold the office of director who is not a qualified
elector of the state of Washington and a resident and landowner within
such district. Such meeting shall be held not less than thirty nor
more than ninety days from the date when such district is established
by such board.
Notice of such meeting shall be given by the county auditor by
publication once a week for three successive weeks in a newspaper of
general circulation in such district, and by posting such notice for
not less than ten days before the date fixed for such meeting in three
public places within the boundaries of such district. The notices
shall state the object of the meeting and the time and place when the
same shall be held.
At the time and place fixed for the meeting the county commissioner
in whose commissioner district such district is located shall act as
((chairman)) chair and call the meeting to order. The ((chairman))
chair shall appoint two persons to assist him or her in conducting the
election, one of whom shall act as clerk. If such county commissioner
be not present the electors of such district then present shall elect
a ((chairman)) chair of the meeting.
Every person who is a landowner within such district and a
qualified elector of the state of Washington shall be entitled to vote
at such meeting. Any person offering to vote may be challenged by any
legally qualified elector of such district, and the ((chairman)) chair
of such meeting shall thereupon administer to the person challenged an
oath in substance as follows: "You do swear (or affirm) that you are
a citizen of the United States and a qualified elector of the state of
Washington and an owner of land within the boundaries of weed district
No. . . . . of . . . . . . county (giving number of district and name
of county)." If the challenged person shall take such oath or make
such affirmation, he or she shall be entitled to vote; otherwise his or
her vote shall not be received. Any person making a false oath, or
affirmation, or any person illegally voting at such meeting, shall be
punished as provided in the general election laws of the state for
illegal voting.
The vote shall be by secret ballot, on white paper of uniform size
and quality, of such arrangement that when names are written thereon,
the same may be folded so as not to disclose the names. The elector
shall write the names of three persons that he or she desires as the
first directors of such district and shall fold his or her ballot and
hand the same to the ((chairman)) chair of the meeting who shall
deposit it in a ballot box provided for that purpose. The clerk shall
thereupon write the name of such person on a list as having voted at
such election. After all persons present and entitled to vote have
voted, the ((chairman)) chair shall declare the election closed, and
shall, with the assistance of the clerk and the other person appointed
as assistant, proceed to count the ballots. The person receiving the
greatest number of votes shall be elected as director for a term ending
three years from the first Monday in March following his or her
election; the person receiving the second greatest number of votes
shall be elected for a term ending two years from the first Monday in
March following his or her election, and the person receiving the third
greatest number of votes shall be elected for a term ending one year
from the first Monday of March following his or her election.
Annually thereafter, there shall be held a meeting of the electors
of such district on the last Monday in February, except that the
directors may, by giving the same notice as is required for the initial
meeting, fix an earlier time for the annual meeting on any nonholiday
during the months of December, January, or February. At such meeting
one director shall be elected to succeed the director whose term will
expire on the first Monday in March following. The directors shall
call the annual meeting, and shall fix the time and place where the
same shall be held and shall give the same notice thereof as provided
for the initial meeting. The annual meeting shall be conducted in the
same manner as is provided for the initial meeting, and the
qualifications of electors at such annual meeting shall be the same as
is required for the initial meeting. In conducting directors'
elections, the ((chairman)) chair may accept nominations from the floor
but voting shall not be limited to those nominated.
All directors shall hold office for the term for which they are
elected, and until their successors are elected and qualified. In case
of a vacancy occurring in the office of any director, the county
commissioners of the county in which such district is located shall
appoint a qualified person to fill the vacancy for the unexpired term.
The board of directors shall elect one of its members ((chairman))
chair and may appoint a secretary who need not be a member of the
board, and who shall be paid such compensation as the board may
determine. Each director shall furnish a bond in the sum of one
thousand dollars, which may be a surety company bond or property bond
approved by the board of county commissioners, which bond shall be
filed with the county commissioners and shall be conditioned for the
faithful discharge of his or her duties. The cost of such bond shall
be paid by the district the same as other expenses of the district. At
any annual meeting the method for destroying, preventing, and
exterminating weeds of such district as set forth in the petition, and
the rules and regulations adopted by such district, may be changed by
a majority vote of the qualified electors present at such meeting, or
a special meeting may be called for that purpose, notice of which
meeting and of such proposed changes to be voted on, shall be given to
all landowners residing within the district by mailing a copy of such
notice and of such proposed changes to the address of such landowner at
least one week before the date fixed for such special meeting. The
qualified electors of any weed district, at any annual meeting, may
make other weeds that are not on the petition subject to control by the
weed district by a two-thirds vote of the electors present: PROVIDED,
That said weeds have been classified by the agricultural experiment
station of Washington State University as noxious and: PROVIDED
FURTHER, That the directors of the weed district give public notice in
the manner required for initial meetings of the proposed new control of
said weeds by the weed district.
Sec. 447 RCW 17.04.150 and 1961 c 250 s 3 are each amended to
read as follows:
The board of directors of such weed district shall have power:
(1) To adopt rules and regulations, plans, methods, and means for
the purpose of destroying, preventing, and exterminating the weed or
weeds specified in the petition, and to supervise, carry out, and
enforce such rules, regulations, plans, methods, and means.
(2) To appoint a weed inspector and to require from him or her a
bond in such sum as the directors may determine for the faithful
discharge of his or her duties, and to pay the cost of such bond from
the funds of such district; and to direct such weed inspector in the
discharge of his or her duties; and to pay such weed inspector from the
funds of such district such per diem or salary for the time employed in
the discharge of his or her duties as the directors shall determine.
Sec. 448 RCW 17.04.190 and 1961 c 250 s 5 are each amended to
read as follows:
It shall be the duty of the weed inspector to carry out the
directions of the board of directors and to see that the rules and
regulations adopted by the board are carried out. He or she shall
personally deliver or mail to each resident landowner within such
district and to any lessee or person in charge of any land within such
district and residing in such district, a copy of the rules and
regulations of such district; and he or she shall personally deliver a
copy thereof to nonresident landowners or shall deposit a copy of the
same in the United States post office in an envelope with postage
prepaid thereon addressed to the last known address of such person as
shown by the records of the county auditor; and in event no such
address is available for mailing he or she shall post a copy of such
rules and regulations in a conspicuous place upon such land. A record
shall be kept by the weed inspector of such dates of mailing, posting,
or delivering such rules and regulations. In case of any railroad such
rules and regulations shall be delivered to the section foreman, or to
any official of the railroad having offices within the state. Such
rules and regulations must be delivered, posted, or mailed by the weed
inspector as herein provided at least ten days before the time to start
any annual operations necessary to comply with such rules and
regulations: PROVIDED, That after such district shall have been in
operation two years such rules and regulations shall be delivered to
resident landowners only once every three years, unless such rules and
regulations are changed.
Sec. 449 RCW 17.04.200 and 1961 c 250 s 6 are each amended to
read as follows:
(1) If the weed inspector, or the board of directors, shall find
that the rules and regulations of the weed district are not being
carried out on any one or more parcels of land within such district,
the weed inspector shall give forthwith a notice in writing, on a form
to be prescribed by the directors, to the owners, tenants, mortgagees,
and occupants, or to the accredited resident agent of any nonresident
owner of such lands within the district whereon noxious weeds are
standing, being or growing and in danger of going to seed, requiring
him or her to cause the same to be cut down, otherwise destroyed or
eradicated on such lands in the manner and within the time specified in
the notice, such time, however, not to exceed seven days. It shall be
the duty of the county auditor and county treasurer to make available
to the weed inspector lists of owners, tenants, and mortgagees of lands
within such district;
(2) If a resident agent of any nonresident owner of lands where
noxious weeds are found standing, being, or growing cannot be found,
the local weed inspector shall post said notice in the form provided by
the directors in three conspicuous places on said land, and in addition
to posting said notice the local weed inspector shall, at the same time
mail a copy thereof by registered or certified mail with return receipt
requested to the owner of such nonresident lands, if his or her post
office address is known or can be ascertained by said inspector from
the last tax list in the county treasurer's office, and it shall be the
duty of the treasurer to furnish such lists upon request by the weed
inspector. Proof of such serving, posting, and mailing of notice by
the weed inspector shall be made by affidavit forthwith filed in the
office of the county auditor and it shall be the duty of the county
auditor to accept and file such affidavits;
(3) If the weeds are not cut down, otherwise destroyed, or
eradicated within the time specified in said notice, the local weed
inspector shall personally, or with such help as he or she may require,
cause the same to be cut down or otherwise destroyed in the manner
specified in said notice.
Sec. 450 RCW 17.04.210 and 1961 c 250 s 7 are each amended to
read as follows:
The weed inspector shall keep an accurate account of expenses
incurred by him or her in carrying out the provisions of this chapter
with respect to each parcel of land entered upon, and the prosecuting
attorney of the county or the attorney for the weed district shall
cause to be served, mailed, or posted in the same manner as provided in
this chapter for giving notice to destroy noxious weeds, a statement of
such expenses, including description of the land, verified by oath of
the weed inspector to the owner, lessee, mortgagee, occupant or agent,
or person having charge of said land, and coupled with such statement
shall be a notice subscribed by said prosecuting attorney or attorney
for the weed district and naming a time and place when and where such
matter will be brought before the board of directors of such district
for hearing and determination, said statement or notice to be served,
mailed, or posted, as the case may be, at least ten days before the
time for such hearing.
Sec. 451 RCW 17.04.230 and 1988 c 202 s 21 are each amended to
read as follows:
Any interested party may appeal from the decision and order of the
board of directors of such district to the superior court of the county
in which such district is located, by serving written notice of appeal
on the ((chairman)) chair of the board of directors and by filing in
the office of the clerk of the superior court a copy of said notice of
appeal with proof of service attached, together with a good and
sufficient cost bond in the sum of two hundred dollars, said cost bond
to run to such district and in all respects to comply with the laws
relating to cost bonds required of nonresident plaintiffs in the
superior court. Said notice must be served and filed within ten days
from the date of the decision and order of such board of directors, and
said bond must be filed within five days after the filing of such
notice of appeal. Whenever notice of appeal and the cost bond as
herein provided shall have been filed with the clerk of the superior
court, the clerk shall notify the board of directors of such district
thereof, and such board shall forthwith certify to said court all
notices and records in said matters, together with proof of service,
and a true copy of the order and decision pertaining thereto made by
such board. If no appeal be perfected within ten days from the
decision and order of such board, the same shall be deemed confirmed
and the board shall certify the amount of such charges to the county
treasurer who shall enter the same on the tax rolls against the land.
When an appeal is perfected the matter shall be heard in the superior
court de novo and the court's decision shall be conclusive on all
persons served under this chapter: PROVIDED, That appellate review of
the order or decision of the superior court in the manner provided by
existing laws, and upon the conclusion of such review, the amount of
charges and costs adjudged to be paid shall be certified by the clerk
of the superior court to the county treasurer and said treasurer shall
proceed to enter the same on his or her rolls against the lands
affected.
Sec. 452 RCW 17.04.280 and 1961 c 250 s 10 are each amended to
read as follows:
All weed district directors, all weed inspectors, and all official
agents of all weed districts, in the performance of their official
duties, have the right to enter and go upon any of the lands within
their weed district at any reasonable time for any reason necessary to
effectuate the purposes of the weed district. Any person who prevents
or threatens to prevent any lawful agent of the weed district, after
said agent identifies himself or herself and the purpose for which he
or she is going upon the land, from entering or going upon the land
within said weed district at a reasonable time and for a lawful purpose
of the weed district, is guilty of a misdemeanor.
Sec. 453 RCW 17.06.040 and 1959 c 205 s 4 are each amended to
read as follows:
At the time and place fixed for such hearing, with the ((chairman))
chair of the principal board acting as ((chairman)) chair, the
respective boards shall determine by a majority vote of each of the
boards of county commissioners of the counties whether such intercounty
weed district shall be created, and if they determine that such
district shall be created, the respective boards shall fix the
boundaries of the portion of the proposed district within their
respective counties, but they shall not modify the purposes of the
petition with respect to the weed or weeds to be destroyed, prevented,
and exterminated as set forth in the petition, and they shall not
enlarge the boundary of the proposed district, or enlarge or change the
boundary or boundaries of any district or districts already formed
without first giving notice, as provided in RCW 17.06.030, to all
landowners interested. If the respective bodies shall determine that
the weed district petitioned for shall be created each such board shall
thereupon enter an order establishing and defining the boundary lines
of the proposed district within its respective county. A number shall
be assigned to such weed district which shall be the lowest number not
already taken or adopted by an intercounty weed district in the state,
and thereafter such district shall be known as "weed district No.
. . . .", inserting in the blank the number of the district.
If any county represented does not by a majority vote of its board
of commissioners support the petition for an intercounty district, the
petition shall be dismissed.
Sec. 454 RCW 17.06.050 and 1971 ex.s. c 292 s 16 are each amended
to read as follows:
If the respective boards of county commissioners establish such
district the ((chairman)) chair of the principal board shall call a
special meeting of landowners to be held within such district for the
purpose of electing three directors for such district. No person shall
be eligible to hold the office of director who is not a qualified
elector of the state of Washington and a resident and landowner within
such district. Such meeting shall be held not less than thirty nor
more than ninety days from the date when such district is established.
Notice of such meeting shall be given by the principal county
auditor by publication once a week for three successive weeks in a
newspaper of general circulation in such district, and by posting such
notice for not less than ten days before the date fixed for such
meeting in three public places within the boundaries of such district.
The notices shall state the object of the meeting and the time and
place when the same shall be held.
At the time and place fixed for the meeting the ((chairman)) chair
shall appoint two persons to assist him or her in conducting the
election, one of whom shall act as clerk. If such ((chairman)) chair
be not present the electors of such district then present shall elect
a ((chairman)) chair of the meeting.
Every person who is a landowner within such district and a
qualified elector of the state of Washington shall be entitled to vote
at such meeting. Any person offering to vote may be challenged by any
legally qualified elector of such district, and the ((chairman)) chair
of such meeting shall thereupon administer to the person challenged an
oath in substance as follows: "You do swear (or affirm) that you are
a citizen of the United States and a qualified elector of the state of
Washington and an owner of land within the boundaries of weed district
No. . . . . (giving number of district)." If the challenged person
shall take such oath or make such affirmation, he or she shall be
entitled to vote; otherwise his or her vote shall not be received. Any
person making a false oath, or affirmation, or any person illegally
voting at such meeting, shall be punished as provided in the general
election laws of the state for illegal voting.
The vote shall be by secret ballot, on white paper of uniform size
and quality, of such arrangement that when names are written thereon,
the same may be folded so as not to disclose the names. The elector
shall write the names of three persons that he or she desires as the
first directors of such district and shall fold his or her ballot and
hand the same to the ((chairman)) chair of the meeting who shall
deposit it in a ballot box provided for that purpose. The clerk shall
thereupon write the name of such person on a list as having voted at
such election. After all persons present and entitled to vote have
voted, the ((chairman)) chair shall declare the election closed, and
shall, with the assistance of the clerk and the other person appointed
as assistant, proceed to count the ballots. The person receiving the
greatest number of votes shall be elected as director for a term ending
three years from the first Monday in March following his or her
election; the person receiving the second greatest number of votes
shall be elected for a term ending two years from the first Monday in
March following his or her election, and the person receiving the third
greatest number of votes shall be elected for a term ending one year
from the first day of March following his or her election.
Annually thereafter, there shall be held a meeting of the electors
of such district on the first Monday in February. At such meeting one
director shall be elected to succeed the director whose term will
expire on the first Monday in March following. The directors shall
call the annual meeting, and shall fix the time when and place where
the same shall be held and shall give the same notice thereof as
provided for the initial meeting. The annual meeting shall be
conducted in the same manner as is provided for the initial meeting,
and the qualifications of electors at such annual meeting shall be the
same as is required for the initial meeting.
All directors shall hold office for the term for which they are
elected, and until their successors are elected and qualified. In case
of a vacancy occurring in the office of any director, the remaining
members of the board of directors shall appoint a qualified person to
fill the vacancy for the unexpired term. The board of directors shall
elect one of its members ((chairman)) chair and may appoint a secretary
who need not be a member of the board, and who shall be paid such
compensation as the board may determine. Each director shall furnish
a bond in the sum of one thousand dollars, which may be a surety
company bond or property bond approved by the principal board of county
commissioners, which bond shall be filed with the same board and shall
be conditioned for the faithful discharge of his or her duties. The
cost of such bond shall be paid by the district the same as other
expenses of the district.
At any annual meeting the method for destroying, preventing, and
exterminating weeds of such district as set forth in the petition, and
the rules and regulations adopted by such district, may be changed by
a majority vote of the qualified electors present at such meeting, or
a special meeting may be called for that purpose, notice of which
meeting and of such proposed changes to be voted on, shall be given to
all landowners residing within the district by mailing a copy of such
notice and of such proposed changes to the address of such landowner at
least one week before the date fixed for such special meeting.
Sec. 455 RCW 17.06.060 and 1959 c 205 s 6 are each amended to
read as follows:
The board of directors of an intercounty weed district shall have
the same powers and duties as the board of directors of a weed district
located entirely within one county, and all the provisions of chapter
17.04 RCW are hereby made applicable to intercounty weed districts:
PROVIDED, That in the case of evaluation, assessment, collection,
apportionment, and any other allied power or duty relating to taxes in
connection with the district, the action shall be performed by the
officer or board of the county for that area of the district which is
located within his or her respective county, and all materials,
information, and other data and all moneys collected shall be submitted
to the proper officer of the county of that part of the district in
which the greatest amount of acreage is located. Any power which may
be or duty which shall be performed in connection therewith shall be
performed by the officer or board receiving such as though only a
district in a single county were concerned. All moneys collected from
such area constituting a part of such district that should be paid to
such district shall be delivered to the principal county treasurer who
shall be ex officio treasurer of such district. All other materials,
information, or data relating to the district shall be submitted to the
district board of directors.
Any costs or expenses incurred under this section shall be borne
proportionately by each county involved.
Sec. 456 RCW 17.10.280 and 1987 c 438 s 35 are each amended to
read as follows:
Every activated county noxious weed control board performing labor,
furnishing material, or renting, leasing, or otherwise supplying
equipment, to be used in the control of noxious weeds, or in causing
control of noxious weeds, upon any property pursuant to the provisions
of chapter 17.10 RCW has a lien upon such property for the labor
performed, material furnished, or equipment supplied whether performed,
furnished, or supplied with the consent of the owner, or his or her
agent, of such property, or without the consent of said owner or agent.
Sec. 457 RCW 17.10.290 and 1987 c 438 s 36 are each amended to
read as follows:
Every county noxious weed control board furnishing labor,
materials, or supplies or renting, leasing, or otherwise supplying
equipment to be used in the control of noxious weeds upon any property
pursuant to RCW 17.10.160 and 17.10.170 or pursuant to an order under
RCW 17.10.210 as now or hereafter amended, shall give to the owner or
reputed owner or his or her agent a notice in writing, within ninety
days from the date of the cessation of the performance of such labor,
the furnishing of such materials, or the supplying of such equipment,
which notice shall cover the labor, material, supplies, or equipment
furnished or leased, as well as all subsequent labor, materials,
supplies, or equipment furnished or leased, stating in substance and
effect that such county noxious weed control board is furnishing or has
furnished labor, materials and supplies or equipment for use thereon,
with the name of the county noxious weed control board ordering the
same, and that a lien may be claimed for all materials and supplies or
equipment furnished by such county noxious weed control board for use
thereon, which notice shall be given by mailing the same by registered
or certified mail in an envelope addressed to the owner at his or her
place of residence or reputed residence.
Sec. 458 RCW 17.12.060 and 1977 ex.s. c 169 s 4 are each amended
to read as follows:
The agricultural expert in counties having an agricultural expert,
shall under the direction of Washington State University have general
supervision of the methods and means of preventing, destroying, or
exterminating any animals or rodents as herein mentioned within his or
her county, and of how the funds of any pest district shall be expended
to best accomplish the purposes for which such funds were raised; in
counties having no such agricultural expert each county commissioner
shall be within his or her respective commissioner district, ex officio
supervisor, or the board may designate some such person to so act, and
shall fix his or her compensation therefor. Whenever any member of the
board shall act as supervisor he or she shall be entitled to his or her
actual expenses and his or her per diem as county commissioner the same
as if he or she were doing other county business.
Sec. 459 RCW 17.12.080 and 1973 c 106 s 11 are each amended to
read as follows:
Whenever there shall be included within any pest district lands
belonging to the state or to the county the board of county
commissioners shall determine the amount of the tax or assessment for
which such land would be liable if the same were in private ownership
for each subdivision of forty acres or fraction thereof. The assessor
shall transmit to the county commissioners a statement of the amounts
so due from county lands and the county commissioners shall appropriate
from the current expense fund of the county sufficient money to pay
such amounts. A statement of the amounts due from state lands within
each county shall be annually forwarded to the commissioner of public
lands who shall examine the same and if he or she finds the same
correct and that the determination was made according to law, he or she
shall certify the same and issue a warrant for the payment of same
against any funds in the state treasury appropriated for such purposes.
The commissioner of public lands shall keep a record of the amounts
so paid on account of any state lands which are under lease or contract
of sale and such amounts shall be added to and become a part of the
annual rental or purchase price of the land, and shall be paid annually
at the time of payment of rent or payment of interest or purchase price
of such land. When such amounts shall be collected by the commissioner
of public lands it shall be paid into the general fund in the state
treasury.
Sec. 460 RCW 17.21.170 and 1994 c 283 s 20 are each amended to
read as follows:
The following requirements apply to the amount of bond or insurance
required for commercial applicators:
(1) The amount of the surety bond or liability insurance, as
provided for in RCW 17.21.160, shall be not less than fifty thousand
dollars for property damage and public liability insurance, each
separately, and including loss or damage arising out of the actual use
of any pesticide. The surety bond or liability insurance shall be
maintained at not less than that sum at all times during the licensed
period.
(2) The property damage portion of this requirement may be waived
by the director if it can be demonstrated by the applicant that all
applications performed under this license occur under confined
circumstances and on property owned or leased by the applicant.
(3) The director shall be notified ten days before any reduction of
insurance coverage at the request of the applicant or cancellation of
the surety bond or liability insurance by the surety or insurer and by
the insured.
(4) The total and aggregate of the surety and insurer for all
claims is limited to the face of the bond or liability insurance
policy. The director may accept a liability insurance policy or surety
bond in the proper sum which has a deductible clause in an amount not
exceeding five thousand dollars for all applicators for the total
amount of liability insurance or surety bond required by this section,
but if the applicant has not satisfied the requirement of the
deductible amount in any prior legal claim the deductible clause shall
not be accepted by the director unless the applicant furnishes the
director with a surety bond or liability insurance which shall satisfy
the amount of the deductible as to all claims that may arise in his or
her application of pesticides.
Sec. 461 RCW 17.24.210 and 1982 c 153 s 3 are each amended to
read as follows:
The director of agriculture may, on the behalf of the state of
Washington, enter into indemnity contracts wherein the state of
Washington agrees to repay any person, firm, corporation, or other
entity acting under the direction or control of the proper authority to
provide plant pest or plant disease prevention, control, or eradication
measures as provided in this chapter or any rule adopted pursuant to
the provisions of this chapter, for losses and damages incurred as a
result of such prevention, control, or eradication measures if all of
the following conditions occur:
(1) At the time of the incident the worker is performing services
as an emergency measures worker and is acting within the course of his
or her duties as an emergency measures worker;
(2) At the time of the injury, loss, or damage, the organization
providing emergency measures by which the worker is employed is an
approved organization for providing emergency measures;
(3) The injury, loss, or damage is proximately caused by his or her
service either with or without negligence as an emergency measures
worker;
(4) The injury, loss, or damage is not caused by the intoxication
of the worker; and
(5) The injury, loss, or damage is not due to ((wilful)) willful
misconduct or gross negligence on the part of a worker.
Where an act or omission by an emergency services provider in the
course of providing emergency services injures a person or property,
the provider and the state may be jointly and severally liable for the
injury, if state liability is proved under existing or hereafter
enacted law.
Each person, firm, corporation, or other entity authorized to
provide the prevention, control, or eradication measures implementing
a program approved under RCW 17.24.200 shall be identified on a list
approved by the director. For the purposes of this section, each
person on the list shall be known, for the duration of the person's
services under the program, as "an emergency measures worker."
Sec. 462 RCW 17.28.030 and 1957 c 153 s 3 are each amended to
read as follows:
Before a city can be included as a part of the proposed district
its governing body shall have requested that the city be included by
resolution, duly authenticated.
The petition shall set forth and describe the boundaries of the
proposed district and it shall request that it be organized as a
mosquito control district. Upon receipt of such a petition, the
auditor of the county in which the greater area of the proposed
district is located shall be charged with the responsibility of
examining the same and certifying to the sufficiency of the signatures
thereon. For the purpose of examining the signatures on such
petitions, the auditor shall be permitted access to the voters'
registration books of each city and county located in the proposed
district and may appoint the respective county auditors and city clerks
thereof as his or her deputies. 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 county in which
the greater area of the proposed district is located, together with his
or her certificate as to the sufficiency thereof.
Sec. 463 RCW 17.28.070 and 1957 c 153 s 7 are each amended to
read as follows:
If the county commissioners deem it proper to include any territory
not proposed for inclusion within the proposed boundaries, they shall
first cause notice of intention to do so to be mailed to each owner of
land in the territory whose name appears as owner on the last completed
assessment roll of the county in which the territory lies, addressed to
the owner at his or her address given on the assessment roll, or if no
address is given, to his or her last known address; or if it is not
known, at the county seat of the county in which his or her land lies.
The notice shall describe the territory and shall fix a time, not less
than two weeks from the date of mailing, when all persons interested
may appear before the county commissioners and be heard.
The boundaries of a district lying in a city shall not be altered
unless the governing board of the city, by resolution, consents to the
alteration.
Sec. 464 RCW 17.28.090 and 1957 c 153 s 9 are each amended to
read as follows:
If, from the testimony given before the county commissioners, it
appears to that board that the public necessity or welfare requires the
formation of the district, it shall, by an order entered on its
minutes, declare that to be its finding, and shall further declare and
order that the territory within the boundaries so fixed and determined
be organized as a district, under an appropriate name to be selected by
the county commissioners, subject to approval of the voters of the
district as hereinafter provided. The name shall contain the words
"mosquito control district."
At the time of the declaration establishing and naming the
district, the county commissioners shall by resolution call a special
election to be held not less than thirty days and not more than sixty
days from the date thereof, and shall cause to be published a notice of
such election at least once a week for three consecutive weeks in a
newspaper of general circulation in the county, setting forth the hours
during which the polls will be open, the boundaries of the proposed
district as finally adopted, and the object of the election. If any
portion of the proposed district lies in another county, a notice of
such election shall likewise be published in that county.
The election on the formation of the mosquito control district
shall be conducted by the auditor of the county in which the greater
area of the proposed district is located in accordance with the general
election laws of the state and the results thereof shall be canvassed
by that county's canvassing board. For the purpose of conducting an
election under this section, the auditor of the county in which the
greater area of the proposed district is located may appoint the
auditor of any county or the city clerk of any city lying wholly or
partially within the proposed district as his or her deputies. No
person shall be entitled to vote at such election unless he or she is
a qualified voter under the laws of the state in effect at the time of
such election and has resided within the mosquito control district for
at least thirty days preceding the date of the election. The ballot
proposition shall be in substantially the following form:
Sec. 465 RCW 17.28.120 and 1957 c 153 s 12 are each amended to
read as follows:
The district board shall be called "The board of trustees of
. . . . . . mosquito control district."
Each member of the board appointed by the governing body of a city
shall be an elector of the city from which he or she is appointed and
a resident of that portion of the city which is in the district.
Each member appointed from a county or portion of a county shall be
an elector of the county and a resident of that portion of the county
which is in the district.
Each member appointed at large shall be an elector of the district.
Sec. 466 RCW 17.28.130 and 1957 c 153 s 13 are each amended to
read as follows:
The members of the first board in any district shall classify
themselves by lot at their first meeting so that:
(1) If the total membership is an even number, the terms of one-half the members will expire at the end of one year, and the terms of
the remainder at the end of two years, from the second day of the
calendar year next succeeding their appointment.
(2) If the total membership is an odd number, the terms of a bare
majority of the members will expire at the end of one year, and the
terms of the remainder at the end of two years, from the second day of
the calendar year next succeeding their appointment.
The term of each subsequent member is two years from and after the
expiration of the term of his or her predecessor.
In event of the resignation, death, or disability of any member,
his or her successor shall be appointed by the governing body which
appointed him or her.
Sec. 467 RCW 17.28.250 and 1957 c 153 s 25 are each amended to
read as follows:
Any person who obstructs, hinders, or interferes with the entry
upon any land within the district of any officer or employee of the
district in the performance of his or her duty, and any person who
obstructs, interferes with, molests, or damages any work performed by
the district, is guilty of a misdemeanor.
Sec. 468 RCW 17.28.258 and 1959 c 64 s 10 are each amended to
read as follows:
The county treasurer shall collect all mosquito control 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. The
collection and disposition of revenue from such assessments and the
depositary thereof shall be the same as for tax revenues of such
districts as provided in RCW 17.28.270.
Sec. 469 RCW 17.28.310 and 1957 c 153 s 31 are each amended to
read as follows:
It shall be the duty of the assessor of each county lying wholly or
partially within the district to certify annually to the board the
aggregate assessed valuation of all taxable property in his or her
county situated in any mosquito control district as the same appears
from the last assessment roll of his or her county.
Sec. 470 RCW 17.28.430 and 1957 c 153 s 43 are each amended to
read as follows:
Should two-thirds or more of the votes at the election favor
dissolution the district board shall certify that fact to the secretary
of state. Upon receipt of such certification the secretary of state
shall issue his or her certificate reciting that the district (naming
it) has been dissolved, and shall transmit to and file a copy with the
county clerk of each county in which any portion of the district is
situated.
After the date of the certificate of the secretary of state, the
district is dissolved.
Sec. 471 RCW 17.34.040 and 1969 ex.s. c 130 s 4 are each amended
to read as follows:
The compact administrator for this state shall be the director of
agriculture. The duties of the compact administrator shall be deemed
a regular part of his or her office.
Sec. 472 RCW 17.34.050 and 1969 ex.s. c 130 s 5 are each amended
to read as follows:
Within the meaning of Article VI(B) or VIII(A), a request or
application for assistance from the insurance fund may be made by the
director of agriculture whenever in his or her judgment the conditions
qualifying this state for such assistance exist and it would be in the
best interest of this state to make such request.
Sec. 473 RCW 17.34.060 and 1969 ex.s. c 130 s 6 are each amended
to read as follows:
The department, agency, or officer expending or becoming liable for
an expenditure on account of a control or eradication program
undertaken or intensified pursuant to the compact shall have credited
to his or her account in the state treasury the amount or amounts of
any payments made to this state to defray the cost of such program, or
any part thereof, or as reimbursement thereof.
Sec. 474 RCW 18.27.080 and 2007 c 436 s 5 are each amended to
read as follows:
No person engaged in the business or acting in the capacity of a
contractor may bring or maintain any action in any court of this state
for the collection of compensation for the performance of any work or
for breach of any contract for which registration is required under
this chapter without alleging and proving that he or she was a duly
registered contractor and held a current and valid certificate of
registration at the time he or she contracted for the performance of
such work or entered into such contract. For the purposes of this
section, the court shall not find a contractor in substantial
compliance with the registration requirements of this chapter unless:
(1) The department has on file the information required by RCW
18.27.030; (2) the contractor has at all times had in force a current
bond or other security as required by RCW 18.27.040; and (3) the
contractor has at all times had in force current insurance as required
by RCW 18.27.050. In determining under this section whether a
contractor is in substantial compliance with the registration
requirements of this chapter, the court shall take into consideration
the length of time during which the contractor did not hold a valid
certificate of registration.
Sec. 475 RCW 18.27.100 and 2008 c 120 s 2 are each amended to
read as follows:
(1) Except as provided in RCW 18.27.065 for partnerships and joint
ventures, no person who has registered under one name as provided in
this chapter shall engage in the business, or act in the capacity, of
a contractor under any other name unless such name also is registered
under this chapter.
(2) All advertising and all contracts, correspondence, cards,
signs, posters, papers, and documents which show a contractor's name or
address shall show the contractor's name or address as registered under
this chapter.
(3)(a) All advertising that shows the contractor's name or address
shall show the contractor's current registration number. The
registration number may be omitted in an alphabetized listing of
registered contractors stating only the name, address, and telephone
number: PROVIDED, That signs on motor vehicles subject to RCW
((46.16.010)) 46.16A.030 and on-premise signs shall not constitute
advertising as provided in this section. All materials used to
directly solicit business from retail customers who are not businesses
shall show the contractor's current registration number. A contractor
shall not use a false or expired registration number in purchasing or
offering to purchase an advertisement for which a contractor
registration number is required. Advertising by airwave transmission
shall not be subject to this subsection (3)(a).
(b) The director may issue a subpoena to any person or entity
selling any advertising subject to this section for the name, address,
and telephone number provided to the seller of the advertising by the
purchaser of the advertising. The subpoena must have enclosed a
stamped, self-addressed envelope and blank form to be filled out by the
seller of the advertising. If the seller of the advertising has the
information on file, the seller shall, within a reasonable time, return
the completed form to the department. The subpoena must be issued no
more than two days after the expiration of the issue or publication
containing the advertising or after the broadcast of the advertising.
The good-faith compliance by a seller of advertising with a written
request of the department for information concerning the purchaser of
advertising shall constitute a complete defense to any civil or
criminal action brought against the seller of advertising arising from
such compliance. Advertising by airwave or electronic transmission is
subject to this subsection (3)(b).
(4) No contractor shall advertise that he or she is bonded and
insured because of the bond required to be filed and sufficiency of
insurance as provided in this chapter.
(5) A contractor shall not falsify a registration number and use
it, or use an expired registration number, in connection with any
solicitation or identification as a contractor. All individual
contractors and all partners, associates, agents, ((salesmen))
salespersons, solicitors, officers, and employees of contractors shall
use their true names and addresses at all times while engaged in the
business or capacity of a contractor or activities related thereto.
(6) Any advertising by a person, firm, or corporation soliciting
work as a contractor when that person, firm, or corporation is not
registered pursuant to this chapter is a violation of this chapter.
(7) An applicant or registrant who falsifies information on an
application for registration commits a violation under this section.
(8)(a) The finding of a violation of this section by the director
at a hearing held in accordance with the Administrative Procedure Act,
chapter 34.05 RCW, shall subject the person committing the violation to
a penalty of not more than ten thousand dollars as determined by the
director.
(b) Penalties under this section shall not apply to a violation
determined to be an inadvertent error.
Sec. 476 RCW 18.28.210 and 1967 c 201 s 21 are each amended to
read as follows:
The attorney general may accept an assurance of discontinuance of
any act or practice deemed in violation of this chapter in the
enforcement thereof from any person engaging in or who has engaged in
such act or practice. Any such assurance shall be in writing and be
filed with and subject to the approval of the superior court of the
county in which the alleged violator resides or has his or her
principal place of business, or in the alternative, in Thurston county.
Failure to perform the terms of any such assurance shall constitute
prima facie proof of a violation of this chapter for the purpose of
securing any injunction as provided for in RCW 18.28.200: PROVIDED,
That after commencement of any action by a prosecuting attorney, as
provided therein, the attorney general may not accept an assurance of
discontinuance without the consent of said prosecuting attorney.
Sec. 477 RCW 18.32.020 and 1996 c 259 s 1 are each amended to
read as follows:
A person practices dentistry, within the meaning of this chapter,
who (1) represents himself or herself as being able to diagnose, treat,
remove stains and concretions from teeth, operate or prescribe for any
disease, pain, injury, deficiency, deformity, or physical condition of
the human teeth, alveolar process, gums, or jaw, or (2) offers or
undertakes by any means or methods to diagnose, treat, remove stains or
concretions from teeth, operate or prescribe for any disease, pain,
injury, deficiency, deformity, or physical condition of the same, or
take impressions of the teeth or jaw, or (3) owns, maintains, or
operates an office for the practice of dentistry, or (4) engages in any
of the practices included in the curricula of recognized and approved
dental schools or colleges, or (5) professes to the public by any
method to furnish, supply, construct, reproduce, or repair any
prosthetic denture, bridge, appliance, or other structure to be worn in
the human mouth.
The fact that a person uses any dental degree, or designation, or
any card, device, directory, poster, sign, or other media whereby he or
she represents himself or herself to be a dentist, shall be prima facie
evidence that such person is engaged in the practice of dentistry.
X-ray diagnosis as to the method of dental practice in which the
diagnosis and examination is made of the normal and abnormal
structures, parts, or functions of the human teeth, the alveolar
process, maxilla, mandible or soft tissues adjacent thereto, is hereby
declared to be the practice of dentistry. Any person other than a
regularly licensed physician or surgeon who makes any diagnosis or
interpretation or explanation, or attempts to diagnose or to make any
interpretation or explanation of the registered shadow or shadows of
any part of the human teeth, alveolar process, maxilla, mandible or
soft tissues adjacent thereto by the use of X-ray is declared to be
engaged in the practice of dentistry, medicine, or surgery.
The practice of dentistry includes the performance of any dental or
oral and maxillofacial surgery. "Oral and maxillofacial surgery" means
the specialty of dentistry that includes the diagnosis and surgical and
adjunctive treatment of diseases, injuries, and defects of the hard and
soft tissues of the oral and maxillofacial region.
Sec. 478 RCW 18.32.735 and 1935 c 112 s 28 are each amended to
read as follows:
Any licensed dentist who shall permit any dental hygienist
operating under his or her supervision to perform any operation
required to be performed by a dentist under the provisions of this
chapter shall be guilty of a misdemeanor.
Sec. 479 RCW 18.34.010 and 2010 c 16 s 1 are each amended to read
as follows:
Nothing in this chapter shall:
(1) Be construed to limit or restrict a duly licensed physician or
optometrist or employees working under the personal supervision of a
duly licensed physician or optometrist from the practices enumerated in
this chapter, and each such licensed physician and optometrist shall
have all the rights and privileges which may accrue under this chapter
to dispensing opticians licensed hereunder;
(2) Be construed to prohibit or restrict practice by a regularly
enrolled student in a prescribed course in opticianry in a college or
university approved by the secretary whose performance of services is
pursuant to a regular course of instruction or assignments from an
instructor and under the supervision of a licensed dispensing optician,
optometrist, or ophthalmologist: PROVIDED, That persons practicing
under this section must be clearly identified as students;
(3) Be construed to prohibit an unlicensed person from performing
mechanical work upon inert matter in an optical office, laboratory, or
shop;
(4) Be construed to prohibit an unlicensed person from engaging in
the sale of spectacles, eyeglasses, magnifying glasses, goggles,
sunglasses, telescopes, binoculars, or any such articles which are
completely preassembled and sold only as merchandise;
(5) Be construed to authorize or permit a licensee hereunder to
hold himself or herself out as being able to, or to offer to, or to
undertake to attempt, by any manner of means, to examine or exercise
eyes, diagnose, treat, correct, relieve, operate, or prescribe for any
human ailment, deficiency, deformity, disease, or injury.
Sec. 480 RCW 18.43.010 and 1947 c 283 s 1 are each amended to
read as follows:
In order to safeguard life, health, and property, and to promote
the public welfare, any person in either public or private capacity
practicing or offering to practice engineering or land surveying, shall
hereafter be required to submit evidence that he or she is qualified so
to practice and shall be registered as hereinafter provided; and it
shall be unlawful for any person to practice or to offer to practice in
this state, engineering or land surveying, as defined in the provisions
of this chapter, or to use in connection with his or her name or
otherwise assume, use, or advertise any title or description tending to
convey the impression that he or she is a professional engineer or a
land surveyor, unless such a person has been duly registered under the
provisions of this chapter.
Sec. 481 RCW 18.43.030 and 1986 c 102 s 1 are each amended to
read as follows:
A state board of registration for professional engineers and land
surveyors is hereby created which shall exercise all of the powers and
perform all of the duties conferred upon it by this chapter. After
July 9, 1986, the board shall consist of seven members, who shall be
appointed by the governor and shall have the qualifications as
hereinafter required. The terms of board members in office on June 11,
1986, shall not be affected. The first additional member shall be
appointed for a four-year term and the second additional member shall
be appointed for a three-year term. On the expiration of the term of
any member, the governor shall appoint a successor for a term of five
years to take the place of the member whose term on said board is about
to expire. However, no member shall serve more than two consecutive
terms on the board. Each member shall hold office until the expiration
of the term for which such member is appointed or until a successor
shall have been duly appointed and shall have qualified.
Five members of the board shall be registered professional
engineers licensed under the provisions of this chapter. Two members
shall be registered professional land surveyors licensed under this
chapter. Each of the members of the board shall have been actively
engaged in the practice of engineering or land surveying for at least
ten years subsequent to registration, five of which shall have been
immediately prior to their appointment to the board.
Each member of the board shall be a citizen of the United States
and shall have been a resident of this state for at least five years
immediately preceding his or her appointment.
Each member of the board shall be compensated in accordance with
RCW 43.03.240 and, in addition thereto, shall be reimbursed for travel
expenses incurred in carrying out the provisions of this chapter in
accordance with RCW 43.03.050 and 43.03.060.
The governor may remove any member of the board for misconduct,
incompetency, or neglect of duty. Vacancies in the membership of the
board shall be filled for the unexpired term by appointment by the
governor as hereinabove provided.
Sec. 482 RCW 18.43.070 and 1995 c 356 s 4 are each amended to
read as follows:
The director of licensing shall issue a certificate of registration
upon payment of a registration fee as provided for in this chapter, to
any applicant who, in the opinion of the board, has satisfactorily met
all the requirements of this chapter. In case of a registered
engineer, the certificate shall authorize the practice of "professional
engineering" and specify the branch or branches in which specialized,
and in case of a registered land surveyor, the certificate shall
authorize the practice of "land surveying."
In case of engineer-in-training, the certificate shall state that
the applicant has successfully passed the examination in fundamental
engineering subjects required by the board and has been enrolled as an
"engineer-in-training." In case of land-surveyor-in-training, the
certificate shall state that the applicant has successfully passed the
examination in fundamental surveying subjects required by the board and
has been enrolled as a "land-surveyor-in-training." All certificates
of registration shall show the full name of the registrant, shall have
a serial number, and shall be signed by the ((chairman)) chair and the
secretary of the board and by the director of licensing.
The issuance of a certificate of registration by the director of
licensing shall be prima facie evidence that the person named therein
is entitled to all the rights and privileges of a registered
professional engineer or a registered land surveyor, while the said
certificate remains unrevoked and unexpired.
Each registrant hereunder shall upon registration obtain a seal of
the design authorized by the board, bearing the registrant's name and
the legend "registered professional engineer" or "registered land
surveyor." Plans, specifications, plats, and reports prepared by the
registrant shall be signed, dated, and stamped with said seal or
facsimile thereof. Such signature and stamping shall constitute a
certification by the registrant that the same was prepared by or under
his or her direct supervision and that to his or her knowledge and
belief the same was prepared in accordance with the requirements of the
statute. It shall be unlawful for anyone to stamp or seal any document
with said seal or facsimile thereof after the certificate of registrant
named thereon has expired or been revoked, unless said certificate
shall have been renewed or reissued.
Sec. 483 RCW 18.43.120 and 1986 c 102 s 4 are each amended to
read as follows:
Any person who shall practice, or offer to practice, engineering or
land surveying in this state without being registered in accordance
with the provisions of the chapter, or any person presenting or
attempting to use as his or her own the certificate of registration or
the seal of another, or any person who shall give any false or forged
evidence of any kind to the board or to any member thereof in obtaining
a certificate of registration, or any person who shall falsely
impersonate any other registrant, or any person who shall attempt to
use the expired or revoked certificate of registration, or any person
who shall violate any of the provisions of this chapter shall be guilty
of a gross misdemeanor.
It shall be the duty of all officers of the state or any political
subdivision thereof, to enforce the provisions of this chapter. The
attorney general shall act as legal adviser of the board, and render
such legal assistance as may be necessary in carrying out the
provisions of this chapter.
Sec. 484 RCW 18.44.500 and 1995 c 238 s 3 are each amended to
read as follows:
There is established an escrow commission of the state of
Washington, to consist of the director of financial institutions or his
or her designee as ((chairman)) chair, and five other members who shall
act as advisors to the director as to the needs of the escrow
profession, including but not limited to the design and conduct of
tests to be administered to applicants for escrow licenses, the
schedule of license fees to be applied to the escrow licensees,
educational programs, audits and investigations of the escrow
profession designed to protect the consumer, and such other matters
determined appropriate. The director is hereby empowered to and shall
appoint the other members, each of whom shall have been a resident of
this state for at least five years and shall have at least five years
experience in the practice of escrow as an escrow agent or as a person
in responsible charge of escrow transactions.
The members of the first commission shall serve for the following
terms: One member for one year, one member for two years, one member
for three years, one member for four years, and one member for five
years, from the date of their appointment, or until their successors
are duly appointed and qualified. Every member of the commission shall
receive a certificate of appointment from the director and before
beginning the member's term of office shall file with the secretary of
state a written oath or affirmation for the faithful discharge of the
member's official duties. On the expiration of the term of each
member, the director shall appoint a successor to serve for a term of
five years or until the member's successor has been appointed and
qualified.
The director may remove any member of the commission for cause.
Vacancies in the commission for any reason shall be filled by
appointment for the unexpired term.
Members shall be compensated in accordance with RCW 43.03.240, and
shall be reimbursed for their travel expenses incurred in carrying out
the provisions of this chapter in accordance with RCW 43.03.050 and
43.03.060.
Sec. 485 RCW 18.44.901 and 1965 c 153 s 20 are each amended to
read as follows:
Nothing in this chapter shall be so construed as to authorize any
escrow agent, or his or her employees or agents, to engage in the
practice of law, and nothing in this chapter shall be so construed as
to impose any additional liability on any depositary authorized by this
chapter and the receipt or acquittance of the persons so paid by such
depositary shall be a valid and sufficient release and discharge of
such depositary.
Sec. 486 RCW 18.51.060 and 1989 c 372 s 8 are each amended to
read as follows:
(1) In any case in which the department finds that a licensee, or
any partner, officer, director, owner of five percent or more of the
assets of the nursing home, or managing employee failed or refused to
comply with the requirements of this chapter or of chapter 74.42 RCW,
or the standards, rules, and regulations established under them or, in
the case of a medicaid contractor, failed or refused to comply with the
medicaid requirements of Title XIX of the social security act, as
amended, and regulations promulgated thereunder, the department may
take any or all of the following actions:
(a) Suspend, revoke, or refuse to renew a license;
(b) Order stop placement;
(c) Assess monetary penalties of a civil nature;
(d) Deny payment to a nursing home for any medicaid resident
admitted after notice to deny payment. Residents who are medicaid
recipients shall not be responsible for payment when the department
takes action under this subsection;
(e) Appoint temporary management as provided in subsection (7) of
this section.
(2) The department may suspend, revoke, or refuse to renew a
license, assess monetary penalties of a civil nature, or both, in any
case in which it finds that the licensee, or any partner, officer,
director, owner of five percent or more of the assets of the nursing
home, or managing employee:
(a) Operated a nursing home without a license or under a revoked or
suspended license; or
(b) Knowingly or with reason to know made a false statement of a
material fact in his or her application for license or any data
attached thereto, or in any matter under investigation by the
department; or
(c) Refused to allow representatives or agents of the department to
inspect all books, records, and files required to be maintained or any
portion of the premises of the nursing home; or
(d) Willfully prevented, interfered with, or attempted to impede in
any way the work of any duly authorized representative of the
department and the lawful enforcement of any provision of this chapter
or of chapter 74.42 RCW; or
(e) Willfully prevented or interfered with any representative of
the department in the preservation of evidence of any violation of any
of the provisions of this chapter or of chapter 74.42 RCW or the
standards, rules, and regulations adopted under them; or
(f) Failed to report patient abuse or neglect in violation of
chapter 70.124 RCW; or
(g) Fails to pay any civil monetary penalty assessed by the
department pursuant to this chapter within ten days after such
assessment becomes final.
(3) The department shall deny payment to a nursing home having a
medicaid contract with respect to any medicaid-eligible individual
admitted to the nursing home when:
(a) The department finds the nursing home not in compliance with
the requirements of Title XIX of the social security act, as amended,
and regulations promulgated thereunder, and the facility has not
complied with such requirements within three months; in such case, the
department shall deny payment until correction has been achieved; or
(b) The department finds on three consecutive standard surveys that
the nursing home provided substandard quality of care; in such case,
the department shall deny payment for new admissions until the facility
has demonstrated to the satisfaction of the department that it is in
compliance with medicaid requirements and that it will remain in
compliance with such requirements.
(4)(a) Civil penalties collected under this section or under
chapter 74.42 RCW shall be deposited into a special fund administered
by the department to be applied to the protection of the health or
property of residents of nursing homes found to be deficient, including
payment for the costs of relocation of residents to other facilities,
maintenance of operation of a facility pending correction of
deficiencies or closure, and reimbursement of residents for personal
funds lost.
(b) Civil monetary penalties, if imposed, may be assessed and
collected, with interest, for each day a nursing home is or was out of
compliance. Civil monetary penalties shall not exceed three thousand
dollars per violation. Each day upon which the same or a substantially
similar action occurs is a separate violation subject to the assessment
of a separate penalty.
(c) Any civil penalty assessed under this section or chapter 74.46
RCW shall be a nonreimbursable item under chapter 74.46 RCW.
(5)(a) The department shall order stop placement on a nursing home,
effective upon oral or written notice, when the department determines:
(i) The nursing home no longer substantially meets the requirements
of chapter 18.51 or 74.42 RCW, or in the case of medicaid contractors,
the requirements of Title XIX of the social security act, as amended,
and any regulations promulgated under such statutes; and
(ii) The deficiency or deficiencies in the nursing home:
(A) Jeopardize the health and safety of the residents, or
(B) Seriously limit the nursing home's capacity to provide adequate
care.
(b) When the department has ordered a stop placement, the
department may approve a readmission to the nursing home from a
hospital when the department determines the readmission would be in the
best interest of the individual seeking readmission.
(c) The department shall terminate the stop placement when:
(i) The provider states in writing that the deficiencies
necessitating the stop placement action have been corrected; and
(ii) The department staff confirms in a timely fashion not to
exceed fifteen working days that:
(A) The deficiencies necessitating stop placement action have been
corrected, and
(B) The provider exhibits the capacity to maintain adequate care
and service.
(d) A nursing home provider shall have the right to an informal
review to present written evidence to refute the deficiencies cited as
the basis for the stop placement. A request for an informal review
must be made in writing within ten days of the effective date of the
stop placement.
(e) A stop placement shall not be delayed or suspended because the
nursing home requests a hearing pursuant to chapter 34.05 RCW or an
informal review. The stop placement shall remain in effect until:
(i) The department terminates the stop placement; or
(ii) The stop placement is terminated by a final agency order,
after a hearing, pursuant to chapter 34.05 RCW.
(6) If the department determines that an emergency exists as a
result of a nursing home's failure or refusal to comply with
requirements of this chapter or, in the case of a medicaid contractor,
its failure or refusal to comply with medicaid requirements of Title
XIX of the social security act, as amended, and rules adopted
thereunder, the department may suspend the nursing home's license and
order the immediate closure of the nursing home, the immediate transfer
of residents, or both.
(7) If the department determines that the health or safety of
residents is immediately jeopardized as a result of a nursing home's
failure or refusal to comply with requirements of this chapter or, in
the case of a medicaid contractor, its failure or refusal to comply
with medicaid requirements of Title XIX of the social security act, as
amended, and rules adopted thereunder, the department may appoint
temporary management to:
(a) Oversee the operation of the facility; and
(b) Ensure the health and safety of the facilities residents while:
(i) Orderly closure of the facility occurs; or
(ii) The deficiencies necessitating temporary management are
corrected.
(8) The department shall by rule specify criteria as to when and
how the sanctions specified in this section shall be applied. Such
criteria shall provide for the imposition of incrementally more severe
penalties for deficiencies that are repeated, uncorrected, pervasive,
or present a threat to the health, safety, or welfare of the residents.
Sec. 487 RCW 18.51.200 and 1981 1st ex.s. c 2 s 21 are each
amended to read as follows:
Upon receipt of a complaint, the department shall make a
preliminary review of the complaint. Unless the department determines
that the complaint is ((wilfully)) willfully intended to harass a
licensee or is without any reasonable basis, or unless the department
has sufficient information that corrective action has been taken, it
shall make an on-site investigation within a reasonable time after the
receipt of the complaint or otherwise ensure complaints are responded
to. In either event, the complainant shall be promptly informed of the
department's proposed course of action. If the complainant requests
the opportunity to do so, the complainant or his or her representative,
or both, may be allowed to accompany the inspector to the site of the
alleged violations during his or her tour of the facility, unless the
inspector determines that the privacy of any patient would be violated
thereby.
Sec. 488 RCW 18.52.040 and 1992 c 53 s 4 are each amended to read
as follows:
The state board of nursing home administrators shall consist of
nine members appointed by the governor. Four members shall be persons
licensed under this chapter who have at least four years actual
experience in the administration of a licensed nursing home in this
state immediately preceding appointment to the board and who are not
employed by the state or federal government.
Four members shall be representatives of the health care
professions providing medical or nursing services in nursing homes who
are privately or self-employed; or shall be persons employed by
educational institutions who have special knowledge or expertise in the
field of health care administration, health care education or long-term
care or both, or care of the aged and chronically ill.
One member shall be a resident of a nursing home or a family member
of a resident or a person eligible for medicare. No member who is a
nonadministrator representative shall have any direct or family
financial interest in nursing homes while serving as a member of the
board. The governor shall consult with and seek the recommendations of
the appropriate statewide business and professional organizations and
societies primarily concerned with long term health care facilities in
the course of considering his or her appointments to the board. Board
members currently serving shall continue to serve until the expiration
of their appointments.
Sec. 489 RCW 18.54.030 and 1984 c 279 s 54 are each amended to
read as follows:
The initial composition of the optometry board includes the three
members of the examining committee for optometry plus two more
optometrists to be appointed by the governor.
The governor must make all appointments to the optometry board.
Only optometrists who are citizens of the United States, residents of
this state, having been licensed to practice and practicing optometry
in this state for a period of at least four years immediately preceding
the effective date of appointment, and who have no connection with any
school or college embracing the teaching of optometry or with any
optical supply business may be appointed.
The governor may set the terms of office of the initial board at
his or her discretion, to establish the following perpetual succession:
The terms of the initial board include one position for one year, two
for two years, and two for three years; and upon the expiration of the
terms of the initial board, all appointments are for three years.
In addition to the members specified in this section, the governor
shall appoint a consumer member of the board, who shall serve for a
term of three years.
In the event that a vacancy occurs on the board in the middle of an
appointee's term, the governor must appoint a successor for the
unexpired portion of the term only.
Sec. 490 RCW 18.54.040 and 1963 c 25 s 4 are each amended to read
as follows:
The board must elect a ((chairman)) chair and secretary from its
members, to serve for a term of one year or until their successors are
elected and qualified.
Sec. 491 RCW 18.54.050 and 1991 c 3 s 139 are each amended to
read as follows:
The board must meet at least once yearly or more frequently upon
call of the ((chairman)) chair or the secretary of health at such times
and places as the ((chairman)) chair or the secretary of health may
designate by giving three days' notice or as otherwise required by RCW
42.30.075.
Sec. 492 RCW 18.59.120 and 1984 c 9 s 13 are each amended to read
as follows:
(1) There is established a board of occupational therapy practice.
The board shall consist of five members appointed by the governor, who
may consider the persons who are recommended for appointment by
occupational therapy associations of the state. The members of the
board shall be residents of the state. Four of the members shall have
been engaged in rendering services to the public, teaching, or research
in occupational therapy for at least five years immediately preceding
their appointment. Three of these four board members shall be
occupational therapists who shall at all times be holders of licenses
for the practice of occupational therapy in the state, except for the
initial members of the board, all of whom shall fulfill the
requirements for licensure under this chapter. At least one member of
the board shall be an occupational therapy assistant licensed to assist
in the practice of occupational therapy, except for the initial member
appointed to this position, who shall fulfill the requirements for
licensure as a occupational therapy assistant under this chapter. The
remaining member of the board shall be a member of the public with an
interest in the rights of consumers of health services.
(2) The governor shall, within sixty days after June 7, 1984,
appoint one member for a term of one year, two members for a term of
two years, and two members for a term of three years. Appointments
made thereafter shall be for three-year terms, but no person shall be
appointed to serve more than two consecutive full terms. Terms shall
begin on the first day of the calendar year and end on the last day of
the calendar year or until successors are appointed, except for the
initial appointed members, who shall serve through the last calendar
day of the year in which they are appointed before commencing the terms
prescribed by this section. The governor shall make appointments for
vacancies in unexpired terms within ninety days after the vacancies
occur.
(3) The board shall meet during the first month of each calendar
year to select a ((chairman)) chair and for other purposes. At least
one additional meeting shall be held before the end of each calendar
year. Further meetings may be convened at the call of the ((chairman))
chair or the written request of any two board members. A majority of
members of the board constitutes a quorum for all purposes. All
meetings of the board shall be open to the public, except that the
board may hold closed sessions to prepare, approve, grade, or
administer examinations or, upon request of an applicant who fails an
examination, to prepare a response indicating the reasons for the
applicant's failure.
(4) Members of the board shall receive compensation in the amount
of fifty dollars for each day's attendance at proper meetings of the
committee.
Sec. 493 RCW 18.64.001 and 1984 c 153 s 1 are each amended to
read as follows:
There shall be a state board of pharmacy consisting of seven
members, to be appointed by the governor by and with the advice and
consent of the senate. Five of the members shall be designated as
pharmacist members and two of the members shall be designated a public
member.
Each pharmacist member shall be a citizen of the United States and
a resident of this state, and at the time of his or her appointment
shall have been a duly registered pharmacist under the laws of this
state for a period of at least five consecutive years immediately
preceding his or her appointment and shall at all times during his or
her incumbency continue to be a duly licensed pharmacist: PROVIDED,
That subject to the availability of qualified candidates the governor
shall appoint pharmacist members representative of the areas of
practice and geographically representative of the state of Washington.
The public member shall be a citizen of the United States and a
resident of this state. The public member shall be appointed from the
public at large, but shall not be affiliated with any aspect of
pharmacy.
Members of the board shall hold office for a term of four years,
and the terms shall be staggered so that the terms of office of not
more than two members will expire simultaneously on the third Monday in
January of each year.
No person who has been appointed to and served for two four year
terms shall be eligible for appointment to the board.
Each member shall qualify by taking the usual oath of a state
officer, which shall be filed with the secretary of state, and each
member shall hold office for the term of his or her appointment and
until his or her successor is appointed and qualified.
In case of the resignation or disqualification of a member, or a
vacancy occurring from any cause, the governor shall appoint a
successor for the unexpired term.
Sec. 494 RCW 18.64.050 and 1989 1st ex.s. c 9 s 419 are each
amended to read as follows:
In the event that a license or certificate issued by the department
is lost or destroyed, the person to whom it was issued may obtain a
duplicate thereof upon furnishing proof of such fact satisfactory to
the department and the payment of a fee determined by the secretary.
In the event any person desires any certified document to which he
or she is entitled, he or she shall receive the same upon payment of a
fee determined by the secretary.
Sec. 495 RCW 18.64.255 and 1995 c 319 s 7 are each amended to
read as follows:
Nothing in this chapter shall operate in any manner:
(1) To restrict the scope of authorized practice of any
practitioner other than a pharmacist, duly licensed as such under the
laws of this state. However, a health care entity shall comply with
all state and federal laws and rules relating to the dispensing of
drugs and the practice of pharmacy; or
(2) In the absence of the pharmacist from the hospital pharmacy, to
prohibit a registered nurse designated by the hospital and the
responsible pharmacist from obtaining from the hospital pharmacy such
drugs as are needed in an emergency: PROVIDED, That proper record is
kept of such emergency, including the date, time, name of prescriber,
the name of the nurse obtaining the drugs, and a list of what drugs and
quantities of same were obtained; or
(3) To prevent shopkeepers, itinerant vendors, peddlers, or
((salesmen)) salespersons from dealing in and selling nonprescription
drugs, if such drugs are sold in the original packages of the
manufacturer, or in packages put up by a licensed pharmacist in the
manner provided by the state board of pharmacy, if such shopkeeper,
itinerant vendor, ((salesman)) salesperson, or peddler shall have
obtained a registration.
Sec. 496 RCW 18.71.011 and 1975 1st ex.s. c 171 s 15 are each
amended to read as follows:
A person is practicing medicine if he or she does one or more of
the following:
(1) Offers or undertakes to diagnose, cure, advise, or prescribe
for any human disease, ailment, injury, infirmity, deformity, pain or
other condition, physical or mental, real or imaginary, by any means or
instrumentality;
(2) Administers or prescribes drugs or medicinal preparations to be
used by any other person;
(3) Severs or penetrates the tissues of human beings;
(4) Uses on cards, books, papers, signs, or other written or
printed means of giving information to the public, in the conduct of
any occupation or profession pertaining to the diagnosis or treatment
of human disease or conditions the designation "doctor of medicine,"
"physician," "surgeon," "m.d.," or any combination thereof unless such
designation additionally contains the description of another branch of
the healing arts for which a person has a license: PROVIDED HOWEVER,
That a person licensed under this chapter shall not engage in the
practice of chiropractic as defined in RCW 18.25.005.
Sec. 497 RCW 18.71.220 and 1971 ex.s. c 305 s 4 are each amended
to read as follows:
No physician or hospital licensed in this state shall be subject to
civil liability, based solely upon failure to obtain consent in
rendering emergency medical, surgical, hospital, or health services to
any individual regardless of age where its patient is unable to give
his or her consent for any reason and there is no other person
reasonably available who is legally authorized to consent to the
providing of such care: PROVIDED, That such physician or hospital has
acted in good faith and without knowledge of facts negating consent.
Sec. 498 RCW 18.74.125 and 1961 c 64 s 10 are each amended to
read as follows:
Nothing in this chapter shall prohibit any person licensed in this
state under any other act from engaging in the practice for which he or
she is licensed. Nothing in this chapter shall prohibit any person
who, at any time prior to January 1, 1961, was practicing any healing
or manipulative art in the state of Washington and designating the same
as physical therapy or physiotherapy, from continuing to do so after
the passage of this amendatory act: PROVIDED, That no such person
shall represent himself or herself as being registered and shall not
use in connection with his or her name the words or letters
"registered" or "licensed" or "R.P.T."
Sec. 499 RCW 18.92.115 and 1991 c 3 s 244 are each amended to
read as follows:
Any applicant who shall fail to secure the required grade in his or
her first examination may take the next regular veterinary examination.
The fee for reexamination shall be determined by the secretary as
provided in RCW 43.70.250.
Sec. 500 RCW 18.92.150 and 1941 c 71 s 18 are each amended to
read as follows:
Every person holding a license under the provisions of this chapter
shall conspicuously display it in his or her principal place of
business, together with the annual renewal license certificate.
Sec. 501 RCW 18.96.040 and 2009 c 370 s 5 are each amended to
read as follows:
(1)(a) There is created a licensure board for landscape architects
consisting of five members appointed by the governor.
(b) Four members shall be licensed landscape architects who are
residents of the state and have at least eight years' experience in the
practice of landscape architecture as registered or licensed landscape
architects in responsible charge of landscape architectural work or
responsible charge of landscape architectural teaching. One member
shall be a public member, who is not and has never been a registered or
licensed landscape architect and who does not employ and is not
employed by or professionally or financially associated with a
landscape architect.
(c) The term of each newly appointed member shall be six years.
(2)(a) Every member of the board shall receive a certificate of
appointment from the governor. On the expiration of the term of each
member, the governor shall appoint a successor to serve for a term of
six years or until the next successor has been appointed.
(b) The governor may remove any member of the board for cause.
Vacancies in the board for any reason shall be filled by appointment
for the unexpired term.
(3) The board shall elect a ((chairman)) chair, a ((vice-chairman))
vice chair, and a secretary. The secretary may delegate his or her
authority to the executive director.
(4) Members of the board shall be compensated in accordance with
RCW 43.03.240 and shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
Sec. 502 RCW 18.100.070 and 1969 c 122 s 7 are each amended to
read as follows:
Nothing contained in this chapter shall be interpreted to abolish,
repeal, modify, restrict, or limit the law now in effect in this state
applicable to the professional relationship and liabilities between the
person furnishing the professional services and the person receiving
such professional service and the standards for professional conduct.
Any director, officer, shareholder, agent, or employee of a corporation
organized under this chapter shall remain personally and fully liable
and accountable for any negligent or wrongful acts or misconduct
committed by him or her or by any person under his or her direct
supervision and control, while rendering professional services on
behalf of the corporation to the person for whom such professional
services were being rendered. The corporation shall be liable for any
negligent or wrongful acts of misconduct committed by any of its
directors, officers, shareholders, agents, or employees while they are
engaged on behalf of the corporation, in the rendering of professional
services.
Sec. 503 RCW 18.100.140 and 1994 sp.s. c 9 s 717 are each amended
to read as follows:
Nothing in this chapter shall authorize a director, officer,
shareholder, agent, or employee of a corporation organized under this
chapter, or a corporation itself organized under this chapter, to do or
perform any act which would be illegal, unethical, or unauthorized
conduct under the provisions of the following acts: (1) Physicians and
surgeons, chapter 18.71 RCW; (2) anti-rebating act, chapter 19.68 RCW;
(3) state bar act, chapter 2.48 RCW; (4) professional accounting act,
chapter 18.04 RCW; (5) professional architects act, chapter 18.08 RCW;
(6) professional auctioneers act, chapter 18.11 RCW; (7)
cosmetologists, barbers, and manicurists, chapter 18.16 RCW; (8)
boarding homes act, chapter 18.20 RCW; (9) podiatric medicine and
surgery, chapter 18.22 RCW; (10) chiropractic act, chapter 18.25 RCW;
(11) registration of contractors, chapter 18.27 RCW; (12) debt
adjusting act, chapter 18.28 RCW; (13) dental hygienist act, chapter
18.29 RCW; (14) dentistry, chapter 18.32 RCW; (15) dispensing
opticians, chapter 18.34 RCW; (16) naturopathic physicians, chapter
18.36A RCW; (17) embalmers and funeral directors, chapter 18.39 RCW;
(18) engineers and land surveyors, chapter 18.43 RCW; (19) escrow
agents registration act, chapter 18.44 RCW; (20) ((maternity homes))
birthing centers, chapter 18.46 RCW; (21) midwifery, chapter 18.50 RCW;
(22) nursing homes, chapter 18.51 RCW; (23) optometry, chapter 18.53
RCW; (24) osteopathic physicians and surgeons, chapter 18.57 RCW; (25)
pharmacists, chapter 18.64 RCW; (26) physical therapy, chapter 18.74
RCW; (27) registered nurses, advanced registered nurse practitioners,
and practical nurses, chapter 18.79 RCW; (28) psychologists, chapter
18.83 RCW; (29) real estate brokers and ((salesmen)) salespersons,
chapter 18.85 RCW; (30) veterinarians, chapter 18.92 RCW.
Sec. 504 RCW 18.106.030 and 1997 c 326 s 4 are each amended to
read as follows:
Any person desiring to be issued a certificate of competency as
provided in this chapter shall deliver evidence in a form prescribed by
the department affirming that said person has had sufficient experience
in as well as demonstrated general competency in the trade of plumbing
or specialty plumbing so as to qualify him or her to make an
application for a certificate of competency as a journeyman plumber or
specialty plumber. Completion of a course of study in the plumbing
trade in the armed services of the United States or at a school
accredited by the workforce training and education coordinating board
shall constitute sufficient evidence of experience and competency to
enable such person to make application for a certificate of competency.
Any person desiring to be issued a medical gas piping installer
endorsement shall deliver evidence in a form prescribed by the
department affirming that the person has met the requirements
established by the department for a medical gas piping installer
endorsement.
In addition to supplying the evidence as prescribed in this
section, each applicant for a certificate of competency shall submit an
application for such certificate on such form and in such manner as
shall be prescribed by the director of the department.
Sec. 505 RCW 18.106.080 and 1973 1st ex.s. c 175 s 8 are each
amended to read as follows:
No examination shall be required of any applicant for a certificate
of competency who, on July 16, 1973, was engaged in a bona fide
business or trade of plumbing, or on said date held a valid journeyman
plumber's license issued by a political subdivision of the state of
Washington and whose license is valid at the time of making his or her
application for said certificate. Applicants qualifying under this
section shall be issued a certificate by the department upon making an
application as provided in RCW 18.106.030 and paying the fee required
under RCW 18.106.050: PROVIDED, That no applicant under this section
shall be required to furnish such evidence as required by RCW
18.106.030.
Sec. 506 RCW 18.106.130 and 1973 1st ex.s. c 175 s 13 are each
amended to read as follows:
All moneys received from certificates, permits, or other sources,
shall be paid to the state treasurer as ex officio custodian thereof
and by him or her placed in a special fund designated as the "plumbing
certificate fund." He or she shall pay out upon vouchers duly and
regularly issued therefor and approved by the director. The treasurer
shall keep an accurate record of payments into said fund, and of all
disbursement therefrom. Said fund shall be charged with its pro rata
share of the cost of administering said fund.
Sec. 507 RCW 18.106.140 and 1973 1st ex.s. c 175 s 14 are each
amended to read as follows:
The director may promulgate rules, make specific decisions, orders,
and rulings, including therein demands and findings, and take other
necessary action for the implementation and enforcement of his or her
duties under this chapter: PROVIDED, That in the administration of
this chapter the director shall not enter any controversy arising over
work assignments with respect to the trades involved in the
construction industry.
Sec. 508 RCW 19.09.230 and 1994 c 287 s 3 are each amended to
read as follows:
No charitable organization, commercial fund-raiser, or other entity
may knowingly use the identical or deceptively similar name, symbol, or
emblem of any other entity for the purpose of soliciting contributions
from persons in this state without the written consent of such other
entity. If the official name or the "doing business name" being
registered is the same or deceptively similar as that of another
entity, the secretary may request that a copy of the written consent
from that entity be filed with the registration. Such consent may be
deemed to have been given by anyone who is a director, trustee, or
other authorized officer of that entity. A copy of the written consent
must be kept on file by the charitable organization or commercial fund-raiser and made available to the secretary, attorney general, or county
prosecutor upon demand.
A person may be deemed to have used the name of another person for
the purpose of soliciting contributions if such latter person's name is
listed on any stationery, advertisement, brochure, or correspondence of
the charitable organization or person or if such name is listed or
represented to any one who has contributed to, sponsored, or endorsed
the charitable organization or person, or its ((or)), his, or her
activities.
The secretary may revoke or deny any application for registration
that violates this section.
Sec. 509 RCW 19.16.140 and 1994 c 195 s 4 are each amended to
read as follows:
Each applicant when submitting his or her application shall pay a
licensing fee and an investigation fee determined by the director as
provided in RCW 43.24.086. The licensing fee for an out-of-state
collection agency shall not exceed fifty percent of the licensing fee
for a collection agency. An out-of-state collection agency is exempt
from the licensing fee if the agency is licensed or registered in a
state that does not require payment of an initial fee by any person who
collects debts in the state only by means of interstate communications
from the person's location in another state. If a license is not
issued in response to the application, the license fee shall be
returned to the applicant.
An annual license fee determined by the director as provided in RCW
43.24.086 shall be paid to the director on or before January first of
each year. The annual license fee for an out-of-state collection
agency shall not exceed fifty percent of the annual license fee for a
collection agency. An out-of-state collection agency is exempt from
the annual license fee if the agency is licensed or registered in a
state that does not require payment of an annual fee by any person who
collects debts in the state only by means of interstate communications
from the person's location in another state. If the annual license fee
is not paid on or before January first, the licensee shall be assessed
a penalty for late payment in an amount determined by the director as
provided in RCW 43.24.086. If the fee and penalty are not paid by
January thirty-first, it will be necessary for the licensee to submit
a new application for a license: PROVIDED, That no license shall be
issued upon such new application unless and until all fees and
penalties previously accrued under this section have been paid.
Any license or branch office certificate issued under the
provisions of this chapter shall expire on December thirty-first
following the issuance thereof.
Sec. 510 RCW 19.16.150 and 1985 c 7 s 82 are each amended to read
as follows:
If a licensee maintains a branch office, he, she, or it shall not
operate a collection agency business in such branch office until he,
she, or it has secured a branch office certificate therefor from the
director. A licensee, so long as his, her, or its license is in full
force and effect and in good standing, shall be entitled to branch
office certificates for any branch office operated by such licensee
upon payment of the fee therefor provided in this chapter.
Each licensee when applying for a branch office certificate shall
pay a fee determined by the director as provided in RCW 43.24.086. An
annual fee determined by the director as provided in RCW 43.24.086 for
a branch office certificate shall be paid to the director on or before
January first of each year. If the annual fee is not paid on or before
January first, a penalty for late payment in an amount determined by
the director as provided in RCW 43.24.086 shall be assessed. If the
fee and the penalty are not paid by January thirty-first, it will be
necessary for the licensee to apply for a new branch office
certificate: PROVIDED, That no such new branch office certificate
shall be issued unless and until all fees and penalties previously
accrued under this section have been paid.
Sec. 511 RCW 19.16.160 and 1973 1st ex.s. c 20 s 2 are each
amended to read as follows:
Each license and branch office certificate, when issued, shall be
in the form and size prescribed by the director and shall state in
addition to any other matter required by the director:
(1) The name of the licensee;
(2) The name under which the licensee will do business;
(3) The address at which the collection agency business is to be
conducted; and
(4) The number and expiration date of the license or branch office
certificate.
A licensee shall display his, her, or its license in a conspicuous
place in his, her, or its principal place of business and, if he, she,
or it conducts a branch office, the branch office certificate shall be
conspicuously displayed in the branch office.
Concurrently with or prior to engaging in any activity as a
collection agency, as defined in this chapter, any person shall furnish
to his, her, or its client or customer the number indicated on the
collection agency license issued to him, her, or it pursuant to this
section.
Sec. 512 RCW 19.16.170 and 1971 ex.s. c 253 s 8 are each amended
to read as follows:
Whenever a licensee shall contemplate a change of his, her, or its
trade name or a change in the location of his, her, or its principal
place of business or branch office, he, she, or it shall give written
notice of such proposed change to the director. The director shall
approve the proposed change and issue a new license or a branch office
certificate, as the case may be, reflecting the change.
Sec. 513 RCW 19.16.180 and 1971 ex.s. c 253 s 9 are each amended
to read as follows:
(1) Except as provided in subsection (2) of this section, a license
or branch office certificate granted under this chapter is not
assignable or transferable.
(2) Upon the death of an individual licensee, the director shall
have the right to transfer the license and any branch office
certificate of the decedent to the personal representative of his or
her estate for the period of the unexpired term of the license and such
additional time, not to exceed one year from the date of death of the
licensee, as said personal representative may need in order to settle
the deceased's estate or sell the collection agency.
Sec. 514 RCW 19.16.190 and 1994 c 195 s 5 are each amended to
read as follows:
(1) Except as limited by subsection (7) of this section, each
applicant shall, at the time of applying for a license, file with the
director a surety bond in the sum of five thousand dollars. The bond
shall be annually renewable on January first of each year, shall be
approved by the director as to form and content, and shall be executed
by the applicant as principal and by a surety company authorized to do
business in this state as surety. Such bond shall run to the state of
Washington as obligee for the benefit of the state and conditioned that
the licensee shall faithfully and truly perform all agreements entered
into with the licensee's clients or customers and shall, within thirty
days after the close of each calendar month, account to and pay to his,
her, or its client or customer the net proceeds of all collections made
during the preceding calendar month and due to each client or customer
less any offsets due licensee under RCW 19.16.210 and 19.16.220. The
bond required by this section shall remain in effect until canceled by
action of the surety or the licensee or the director.
(2) An applicant for a license under this chapter may furnish,
file, and deposit with the director, in lieu of the surety bond
provided for herein, a cash deposit or other negotiable security
acceptable to the director. The security deposited with the director
in lieu of the surety bond shall be returned to the licensee at the
expiration of one year after the collection agency's license has
expired or been revoked if no legal action has been instituted against
the licensee or on said security deposit at the expiration of said one
year.
(3) A surety may file with the director notice of his, her, or its
withdrawal on the bond of the licensee. Upon filing a new bond or upon
the revocation of the collection agency license or upon the expiration
of sixty days after the filing of notice of withdrawal as surety by the
surety, the liability of the former surety for all future acts of the
licensee shall terminate.
(4) The director shall immediately cancel the bond given by a
surety company upon being advised that the surety company's license to
transact business in this state has been revoked.
(5) Upon the filing with the director of notice by a surety of his,
her, or its withdrawal as the surety on the bond of a licensee or upon
the cancellation by the director of the bond of a surety as provided in
this section, the director shall immediately give notice to the
licensee of the withdrawal or cancellation. The notice shall be sent
to the licensee by registered or certified mail with request for a
return receipt and addressed to the licensee at his, her, or its main
office as shown by the records of the director. At the expiration of
thirty days from the date of mailing the notice, the license of the
licensee shall be terminated, unless the licensee has filed a new bond
with a surety satisfactory to the director.
(6) All bonds given under this chapter shall be filed and held in
the office of the director.
(7) An out-of-state collection agency need not fulfill the bonding
requirements under this section if the out-of-state collection agency
maintains an adequate bond or legal alternative as required by the
state in which the out-of-state collection agency is located.
Sec. 515 RCW 19.16.200 and 1971 ex.s. c 253 s 11 are each amended
to read as follows:
In addition to all other legal remedies, an action may be brought
in any court of competent jurisdiction upon the bond or cash deposit or
security in lieu thereof, required by RCW 19.16.190, by any person to
whom the licensee fails to account and pay as set forth in such bond or
by any client or customer of the licensee who has been damaged by
failure of the licensee to comply with all agreements entered into with
such client or customer: PROVIDED, That the aggregate liability of the
surety to all such clients or customers shall in no event exceed the
sum of such bond.
An action upon such bond or security shall be commenced by serving
and filing of the complaint within one year from the date of the
cancellation of the bond or, in the case of a cash deposit or other
security deposited in lieu of the surety bond, within one year of the
date of expiration or revocation of license: PROVIDED, That no action
shall be maintained upon such bond or such cash deposit or other
security for any claim which has been barred by any nonclaim statute or
statute of limitations of this state. Two copies of the complaint
shall be served by registered or certified mail upon the director at
the time the suit is started. Such service shall constitute service on
the surety. The director shall transmit one of said copies of the
complaint served on him or her to the surety within forty-eight hours
after it shall have been received.
The director shall maintain a record, available for public
inspection, of all suits commenced under this chapter upon surety
bonds, or the cash or other security deposited in lieu thereof.
In the event of a judgment being entered against the deposit or
security referred to in RCW 19.16.190(2), the director shall, upon
receipt of a certified copy of a final judgment, pay said judgment from
the amount of the deposit or security.
Sec. 516 RCW 19.16.210 and 1971 ex.s. c 253 s 12 are each amended
to read as follows:
A licensee shall within thirty days after the close of each
calendar month account in writing to his, her, or its customers for all
collections made during that calendar month and pay to his, her, or its
customers the net proceeds due and payable of all collections made
during that calendar month except that a licensee need not account to
the customer for:
(1) Court costs recovered which were previously advanced by
licensee or his, her, or its attorney.
(2) Attorneys' fees and interest or other charges incidental to the
principal amount of the obligation legally and properly belonging to
the licensee, if such charges are retained by the licensee after the
principal amount of the obligation has been accounted for and remitted
to the customer. When the net proceeds are less than ten dollars at
the end of any calendar month, payments may be deferred for a period
not to exceed three months.
Sec. 517 RCW 19.16.220 and 1971 ex.s. c 253 s 13 are each amended
to read as follows:
Every customer of a licensee shall, within thirty days after the
close of each calendar month, account and pay to his, her, or its
collection agency all sums owing to the collection agency for payments
received by the customer during that calendar month on claims in the
hands of the collection agency.
If a customer fails to pay a licensee any sums due under this
section, the licensee shall, in addition to other remedies provided by
law, have the right to offset any moneys due the licensee under this
section against any moneys due customer under RCW 19.16.210.
Sec. 518 RCW 19.16.230 and 1994 c 195 s 6 are each amended to
read as follows:
(1) Every licensee required to keep and maintain records pursuant
to this section, other than an out-of-state collection agency, shall
establish and maintain a regular active business office in the state of
Washington for the purpose of conducting his, her, or its collection
agency business. Said office must be open to the public during
reasonable stated business hours, and must be managed by a resident of
the state of Washington.
(2) Every licensee shall keep a record of all sums collected by
him, her, or it and all disbursements made by him, her, or it. All
such records shall be kept at the business office referred to in
subsection (1) of this section, unless the licensee is an out-of-state
collection agency, in which case the record shall be kept at the
business office listed on the licensee's license.
(3) Licensees shall maintain and preserve accounting records of
collections and payments to customers for a period of four years from
the date of the last entry thereon.
Sec. 519 RCW 19.16.245 and 1973 1st ex.s. c 20 s 9 are each
amended to read as follows:
No licensee shall receive any money from any debtor as a result of
the collection of any claim until he, she, or it shall have submitted
a financial statement showing the assets and liabilities of the
licensee truly reflecting that the licensee's net worth is not less
than the sum of seven thousand five hundred dollars, in cash or its
equivalent, of which not less than five thousand dollars shall be
deposited in a bank, available for the use of the licensee's business.
Any money so collected shall be subject to the provisions of RCW
19.16.430(2). The financial statement shall be sworn to by the
licensee, if the licensee is an individual, or by a partner, officer,
or manager in its behalf if the licensee is a partnership, corporation,
or unincorporated association. The information contained in the
financial statement shall be confidential and not a public record, but
is admissible in evidence at any hearing held, or in any action
instituted in a court of competent jurisdiction, pursuant to the
provisions of this chapter: PROVIDED, That this section shall not
apply to those persons holding a valid license issued pursuant to this
chapter on July 16, 1973.
Sec. 520 RCW 19.16.250 and 2001 c 217 s 5 and 2001 c 47 s 2 are
each reenacted and amended to read as follows:
No licensee or employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed person to
engage in business as a collection agency in this state or receive
compensation from such unlicensed person: PROVIDED, That nothing in
this chapter shall prevent a licensee from accepting, as forwardee,
claims for collection from a collection agency or attorney whose place
of business is outside the state.
(2) Collect or attempt to collect a claim by the use of any means
contrary to the postal laws and regulations of the United States postal
department.
(3) Publish or post or cause to be published or posted, any list of
debtors commonly known as "bad debt lists" or threaten to do so. For
purposes of this chapter, a "bad debt list" means any list of natural
persons alleged to fail to honor their lawful debts. However, nothing
herein shall be construed to prohibit a licensee from communicating to
his, her, or its customers or clients by means of a coded list, the
existence of a check dishonored because of insufficient funds, not
sufficient funds or closed account by the financial institution
servicing the debtor's checking account: PROVIDED, That the debtor's
identity is not readily apparent: PROVIDED FURTHER, That the licensee
complies with the requirements of subsection (9)(e) of this section.
(4) Have in his, her, or its possession or make use of any badge,
use a uniform of any law enforcement agency or any simulation thereof,
or make any statements which might be construed as indicating an
official connection with any federal, state, county, or city law
enforcement agency, or any other governmental agency, while engaged in
collection agency business.
(5) Perform any act or acts, either directly or indirectly,
constituting the practice of law.
(6) Advertise for sale or threaten to advertise for sale any claim
as a means of endeavoring to enforce payment thereof or agreeing to do
so for the purpose of soliciting claims, except where the licensee has
acquired claims as an assignee for the benefit of creditors or where
the licensee is acting under court order.
(7) Use any name while engaged in the making of a demand for any
claim other than the name set forth on his, her, or its current license
issued hereunder.
(8) Give or send to any debtor or cause to be given or sent to any
debtor, any notice, letter, message, or form which represents or
implies that a claim exists unless it shall indicate in clear and
legible type:
(a) The name of the licensee and the city, street, and number at
which he, she, or it is licensed to do business;
(b) The name of the original creditor to whom the debtor owed the
claim if such name is known to the licensee or employee: PROVIDED,
That upon written request of the debtor, the licensee shall make a
reasonable effort to obtain the name of such person and provide this
name to the debtor;
(c) If the notice, letter, message, or form is the first notice to
the debtor or if the licensee is attempting to collect a different
amount than indicated in his, her, or its first notice to the debtor,
an itemization of the claim asserted must be made including:
(i) Amount owing on the original obligation at the time it was
received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late payment
charges, if any, added to the original obligation by the original
creditor, customer, or assignor before it was received by the licensee
for collection, if such information is known by the licensee or
employee: PROVIDED, That upon written request of the debtor, the
licensee shall make a reasonable effort to obtain information on such
items and provide this information to the debtor;
(iii) Interest or service charge, if any, added by the licensee or
customer or assignor after the obligation was received by the licensee
for collection;
(iv) Collection costs, if any, that the licensee is attempting to
collect;
(v) Attorneys' fees, if any, that the licensee is attempting to
collect on his, her, or its behalf or on the behalf of a customer or
assignor;
(vi) Any other charge or fee that the licensee is attempting to
collect on his, her, or its own behalf or on the behalf of a customer
or assignor.
(9) Communicate or threaten to communicate, the existence of a
claim to a person other than one who might be reasonably expected to be
liable on the claim in any manner other than through proper legal
action, process, or proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a credit
reporting bureau of the existence of a claim: PROVIDED, That if the
licensee or employee of a licensee reports a claim to a credit
reporting bureau, the licensee shall upon receipt of written notice
from the debtor that any part of the claim is disputed, forward a copy
of such written notice to the credit reporting bureau;
(b) A licensee or employee in collecting or attempting to collect
a claim may communicate the existence of a claim to a debtor's employer
if the claim has been reduced to a judgment;
(c) A licensee or employee in collecting or attempting to collect
a claim that has not been reduced to judgment, may communicate the
existence of a claim to a debtor's employer if:
(i) The licensee or employee has notified or attempted to notify
the debtor in writing at his or her last known address or place of
employment concerning the claim and the debtor after a reasonable time
has failed to pay the claim or has failed to agree to make payments on
the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing to the licensee disputed any
part of the claim: PROVIDED, That the licensee or employee may only
communicate the existence of a claim which has not been reduced to
judgment to the debtor's employer once unless the debtor's employer has
agreed to additional communications.
(d) A licensee may for the purpose of locating the debtor or
locating assets of the debtor communicate the existence of a claim to
any person who might reasonably be expected to have knowledge of the
whereabouts of a debtor or the location of assets of the debtor if the
claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted to notify
the debtor in writing at his or her last known address or last known
place of employment concerning the claim and the debtor after a
reasonable time has failed to pay the claim or has failed to agree to
make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(e) A licensee may communicate the existence of a claim to its
customers or clients if the claim is reduced to judgment, or if not
reduced to judgment, when:
(i) The licensee has notified or attempted to notify the debtor in
writing at his or her last known address or last known place of
employment concerning the claim and the debtor after a reasonable time
has failed to pay the claim or has failed to agree to make payments on
the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(10) Threaten the debtor with impairment of his or her credit
rating if a claim is not paid.
(11) Communicate with the debtor after notification in writing from
an attorney representing such debtor that all further communications
relative to a claim should be addressed to the attorney: PROVIDED,
That if a licensee requests in writing information from an attorney
regarding such claim and the attorney does not respond within a
reasonable time, the licensee may communicate directly with the debtor
until he, she, or it again receives notification in writing that an
attorney is representing the debtor.
(12) Communicate with a debtor or anyone else in such a manner as
to harass, intimidate, threaten, or embarrass a debtor, including but
not limited to communication at an unreasonable hour, with unreasonable
frequency, by threats of force or violence, by threats of criminal
prosecution, and by use of offensive language. A communication shall
be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or
place, more than three times in a single week;
(b) It is made with a debtor at his or her place of employment more
than one time in a single week;
(c) It is made with the debtor or spouse at his or her place of
residence between the hours of 9:00 p.m. and 7:30 a.m.
(13) Communicate with the debtor through use of forms or
instruments that simulate the form or appearance of judicial process,
the form or appearance of government documents, or the simulation of a
form or appearance of a telegraphic or emergency message.
(14) Communicate with the debtor and represent or imply that the
existing obligation of the debtor may be or has been increased by the
addition of attorneys' fees, investigation fees, service fees, or any
other fees or charges when in fact such fees or charges may not legally
be added to the existing obligation of such debtor.
(15) Threaten to take any action against the debtor which the
licensee cannot legally take at the time the threat is made.
(16) Send any telegram or make any telephone calls to a debtor or
concerning a debt or for the purpose of demanding payment of a claim or
seeking information about a debtor, for which the charges are payable
by the addressee or by the person to whom the call is made.
(17) In any manner convey the impression that the licensee is
vouched for, bonded to or by, or is an instrumentality of the state of
Washington or any agency or department thereof.
(18) Collect or attempt to collect in addition to the principal
amount of a claim any sum other than allowable interest, collection
costs or handling fees expressly authorized by statute, and, in the
case of suit, attorneys' fees and taxable court costs. A licensee may
collect or attempt to collect collection costs and fees, including
contingent collection fees, as authorized by a written agreement or
contract, between the licensee's client and the debtor, in the
collection of a commercial claim. The amount charged to the debtor for
collection services shall not exceed thirty-five percent of the
commercial claim.
(19) Procure from a debtor or collect or attempt to collect on any
written note, contract, stipulation, promise, or acknowledgment under
which a debtor may be required to pay any sum other than principal,
allowable interest, except as noted in subsection (18) of this section,
and, in the case of suit, attorneys' fees and taxable court costs.
(20) Upon notification by a debtor that the debtor disputes all
debts arising from a series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other
preprinted written instruments, initiate oral contact with a debtor
more than one time in an attempt to collect from the debtor debts
arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other
preprinted written instruments when: (a) Within the previous one
hundred eighty days, in response to the licensee's attempt to collect
the initial debt assigned to the licensee and arising from the
identified series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, the debtor in writing notified the licensee that the
debtor's checkbook or other series of preprinted written instruments
was stolen or fraudulently created; (b) the licensee has received from
the debtor a certified copy of a police report referencing the theft or
fraudulent creation of the checkbook, automated clearinghouse
transactions on a demand deposit account, or series of preprinted
written instruments; (c) in the written notification to the licensee or
in the police report, the debtor identified the financial institution
where the account was maintained, the account number, the magnetic ink
character recognition number, the full bank routing and transit number,
and the check numbers of the stolen checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, which check numbers included the number of the check that
is the subject of the licensee's collection efforts; (d) the debtor
provides, or within the previous one hundred eighty days provided, to
the licensee a legible copy of a government-issued photo
identification, which contains the debtor's signature and which was
issued prior to the date of the theft or fraud identified in the police
report; and (e) the debtor advised the licensee that the subject debt
is disputed because the identified check, automated clearinghouse
transaction on a demand deposit account, or other preprinted written
instrument underlying the debt is a stolen or fraudulently created
check or instrument.
The licensee is not in violation of this subsection if the licensee
initiates oral contact with the debtor more than one time in an attempt
to collect debts arising from the identified series of dishonored
checks, automated clearinghouse transactions on a demand deposit
account, or other preprinted written instruments when: (i) The
licensee acted in good faith and relied on their established practices
and procedures for batching, recording, or packeting debtor accounts,
and the licensee inadvertently initiates oral contact with the debtor
in an attempt to collect debts in the identified series subsequent to
the initial debt assigned to the licensee; (ii) the licensee is
following up on collection of a debt assigned to the licensee, and the
debtor has previously requested more information from the licensee
regarding the subject debt; (iii) the debtor has notified the licensee
that the debtor disputes only some, but not all the debts arising from
the identified series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, in which case the licensee shall be allowed to initiate
oral contact with the debtor one time for each debt arising from the
series of identified checks, automated clearinghouse transactions on a
demand deposit account, or written instruments and initiate additional
oral contact for those debts that the debtor acknowledges do not arise
from stolen or fraudulently created checks or written instruments; (iv)
the oral contact is in the context of a judicial, administrative,
arbitration, mediation, or similar proceeding; or (v) the oral contact
is made for the purpose of investigating, confirming, or authenticating
the information received from the debtor, to provide additional
information to the debtor, or to request additional information from
the debtor needed by the licensee to accurately record the debtor's
information in the licensee's records.
Sec. 521 RCW 19.16.260 and 1994 c 195 s 8 are each amended to
read as follows:
No collection agency or out-of-state collection agency may bring or
maintain an action in any court of this state involving the collection
of a claim of any third party without alleging and proving that he,
she, or it is duly licensed under this chapter and has satisfied the
bonding requirements hereof, if applicable: PROVIDED, That in any case
where judgment is to be entered by default, it shall not be necessary
for the collection agency or out-of-state collection agency to prove
such matters.
A copy of the current collection agency license or out-of-state
collection agency license, certified by the director to be a true and
correct copy of the original, shall be prima facie evidence of the
licensing and bonding of such collection agency or out-of-state
collection agency as required by this chapter.
Sec. 522 RCW 19.16.270 and 1971 ex.s. c 253 s 18 are each amended
to read as follows:
In any action brought by licensee to collect the claim of his, her,
or its customer, the assignment of the claim to licensee by his, her,
or its customer shall be conclusively presumed valid, if the assignment
is filed in court with the complaint, unless objection is made thereto
by the debtor in a written answer or in writing five days or more prior
to trial.
Sec. 523 RCW 19.16.280 and 1971 ex.s. c 253 s 19 are each amended
to read as follows:
There is hereby created a board to be known and designated as the
"Washington state collection agency board." The board shall consist of
five members, one of whom shall be the director and the other four
shall be appointed by the governor. The director may delegate his or
her duties as a board member to a designee from his or her department.
The director or his or her designee shall be the executive officer of
the board and its ((chairman)) chair.
At least two but no more than two members of the board shall be
licensees hereunder. Each of the licensee members of the board shall
be actively engaged in the collection agency business at the time of
his or her appointment and must continue to be so engaged and continue
to be licensed under this chapter during the term of his or her
appointment or he or she will be deemed to have resigned his or her
position: PROVIDED, That no individual may be a licensee member of the
board unless he or she has been actively engaged as either an owner or
executive employee or a combination of both of a collection agency
business in this state for a period of not less than five years
immediately prior to his or her appointment.
No board member shall be employed by or have any interest in,
directly or indirectly, as owner, partner, officer, director, agent,
stockholder, or attorney, any collection agency in which any other
board member is employed by or has such an interest.
No member of the board other than the director or his or her
designee shall hold any other elective or appointive state or federal
office.
Sec. 524 RCW 19.16.290 and 1971 ex.s. c 253 s 20 are each amended
to read as follows:
The initial members of the board shall be named by the governor
within thirty days after January 1, 1972. At the first meeting of the
board, the members appointed by the governor shall determine by lot the
period of time from January 1, 1972, that each of them shall serve, one
for one year; one for two years; one for three years; and one for four
years. In the event of a vacancy on the board, the governor shall
appoint a successor for the unexpired term.
Each member appointed by the governor shall qualify by taking the
usual oath of a state officer, which shall be filed with the secretary
of state, and each member shall hold office for the term of his or her
appointment and until his or her successor is appointed and qualified.
Any member of the board other than the director or his or her
designee may be removed by the governor for neglect of duty,
misconduct, malfeasance, or misfeasance in office, after being given a
written statement of the charges against him or her and sufficient
opportunity to be heard thereon.
Sec. 525 RCW 19.16.300 and 1971 ex.s. c 253 s 21 are each amended
to read as follows:
The board shall meet as soon as practicable after the governor has
appointed the initial members of the board. The board shall meet at
least once a year and at such other times as may be necessary for the
transaction of its business.
The time and place of the initial meeting of the board and the
annual meetings shall be at a time and place fixed by the director.
Other meetings of the board shall be held upon written request of the
director at a time and place designated by him or her, or upon the
written request of any two members of the board at a time and place
designated by them.
A majority of the board shall constitute a quorum.
A vacancy in the board membership shall not impair the right of the
remaining members of the board to exercise any power or to perform any
duty of the board, so long as the power is exercised or the duty
performed by a quorum of the board.
Sec. 526 RCW 19.16.340 and 1971 ex.s. c 253 s 25 are each amended
to read as follows:
All records of the board shall be kept in the office of the
director. Copies of all records and papers of the board, certified to
be true copies by the director, shall be received in evidence in all
cases with like effect as the originals. All actions by the board
which require publication, or any writing shall be over the signature
of the director or his or her designee.
Sec. 527 RCW 19.16.430 and 1994 c 195 s 10 are each amended to
read as follows:
(1) Any person who knowingly operates as a collection agency or
out-of-state collection agency without a license or knowingly aids and
abets such violation is punishable by a fine not exceeding five hundred
dollars or by imprisonment not exceeding one year or both.
(2) Any person who operates as a collection agency or out-of-state
collection agency in the state of Washington without a valid license
issued pursuant to this chapter shall not charge or receive any fee or
compensation on any moneys received or collected while operating
without a license or on any moneys received or collected while
operating with a license but received or collected as a result of his,
her, or its acts as a collection agency or out-of-state collection
agency while not licensed hereunder. All such moneys collected or
received shall be forthwith returned to the owners of the accounts on
which the moneys were paid.
Sec. 528 RCW 19.16.470 and 1971 ex.s. c 253 s 38 are each amended
to read as follows:
The attorney general may accept an assurance of discontinuance of
any act or practice deemed in violation of this chapter from any person
engaging in or who has engaged in such act or practice. Any such
assurance shall be in writing and be filed with and subject to the
approval of the superior court of the county in which the alleged
violator resides or has his, her, or its principal place of business,
or in the alternative, in Thurston county.
Such assurance of discontinuance shall not be considered an
admission of a violation for any purpose; however, proof of failure to
perform the terms of any such assurance shall constitute prima facie
proof of a violation of this chapter for the purpose of securing an
injunction as provided for in RCW 19.16.460: PROVIDED, That after
commencement of any action by a prosecuting attorney, as provided
therein, the attorney general may not accept an assurance of
discontinuance without the consent of said prosecuting attorney.
Sec. 529 RCW 19.28.311 and 2005 c 280 s 1 are each amended to
read as follows:
There is hereby created an electrical board, consisting of fifteen
members to be appointed by the governor with the advice of the director
of labor and industries as herein provided. It shall be the purpose
and function of the board to advise the director on all matters
pertaining to the enforcement of this chapter including, but not
limited to, standards of electrical and telecommunications
installation, minimum inspection procedures, and the adoption of rules
pertaining to the electrical inspection division: PROVIDED, HOWEVER,
That no rules shall be amended or repealed until the electrical board
has first had an opportunity to consider any proposed amendments or
repeals and had an opportunity to make recommendations to the director
relative thereto. The members of the electrical board shall be
selected and appointed as follows: One member shall be an employee or
officer of a corporation or public agency generating or distributing
electric power; one member must be an employee or officer of a
facilities-based telecommunications service provider regulated by the
Washington state utilities and transportation commission; three members
shall be licensed electrical contractors: PROVIDED, That one of these
members may be a representative of a trade association in the
electrical industry; one member shall be a licensed telecommunications
contractor; one member shall be an employee, or officer, or
representative of a corporation or firm engaged in the business of
manufacturing or distributing electrical and telecommunications
materials, equipment, or devices; one member shall be a person with
knowledge of the electrical industry, not related to the electrical
industry, to represent the public; three members shall be certified
electricians; one member shall be a telecommunications worker; one
member shall be a licensed professional electrical engineer qualified
to do business in the state of Washington and designated as a
registered communications distribution designer; one member shall be an
outside line worker; and one nonvoting member must be a building
official from an incorporated city or town with an electrical
inspection program established under RCW 19.28.141. The regular term
of each member shall be four years: PROVIDED, HOWEVER, The original
board shall be appointed on June 9, 1988, for the following terms: The
first term of the member representing a corporation or public agency
generating or distributing electric power shall serve four years; two
members representing licensed electrical contractors shall serve three
years; the member representing a manufacturer or distributor of
electrical equipment or devices shall serve three years; the member
representing the public and one member representing licensed electrical
contractors shall serve two years; the three members selected as
certified electricians shall serve for terms of one, two, and three
years, respectively; the member selected as the licensed professional
electrical engineer shall serve for one year. In appointing the
original board, the governor shall give due consideration to the value
of continuity in membership from predecessor boards. Thereafter, the
governor shall appoint or reappoint board members for terms of four
years and to fill vacancies created by the completion of the terms of
the original members. When new positions are created, the governor may
appoint the initial members to the new positions to staggered terms of
one to three years. The governor shall also fill vacancies caused by
death, resignation, or otherwise for the unexpired term of such members
by appointing their successors from the same business classification.
The same procedure shall be followed in making such subsequent
appointments as is provided for the original appointments. The board,
at this first meeting shall elect one of its members to serve as
((chairman)) chair. Any person acting as the chief electrical
inspector shall serve as secretary of the board during his or her
tenure as chief state inspector. Meetings of the board shall be held
at least quarterly in accordance with a schedule established by the
board. Each member of the board shall receive compensation in
accordance with RCW 43.03.240 and shall be reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be
paid out of the electrical license fund, upon vouchers approved by the
director of labor and industries.
Sec. 530 RCW 19.29.010 and 2007 c 218 s 81 are each amended to
read as follows:
It shall be unlawful from and after the passage of this chapter for
any officer, agent, or employee of the state of Washington, or of any
county, city, or other political subdivision thereof, or for any other
person, firm or corporation, or its officers, agents or employees, to
run, place, erect, maintain, or use any electrical apparatus or
construction, except as provided in the rules of this chapter.
Rule 1. No wire or cable, except the neutral, carrying a current
of less than seven hundred fifty volts of electricity within the
corporate limits of any city or town shall be run, placed, erected,
maintained, or used on any insulator the center of which is less than
thirteen inches from the center line of any pole. And no such wire,
except the neutral, shall be run past any pole to which it is not
attached at a distance of less than thirteen inches from the center
line thereof. This rule shall not apply to any wire or cable where the
same is run from under ground and placed vertically on the pole; nor to
any wire or cable where the same is attached to the top of the pole;
nor to a pole top fixture as between it and the same pole; nor to any
wire or cable between the points where the same is made to leave any
pole or fixture thereon for the purpose of entering any building or
other structure and the point of attachment to such building or
structure; nor to any jumper wire or cable carrying a current or
connected with a transformer or other appliance on the same pole; nor
to bridle or jumper wires on any pole which are attached to or
connected with signal wires on the same pole; nor to any aerial cable
as between such cable and any pole upon which it originates or
terminates; nor to exclusive telephone or telegraph toll lines; nor to
aerial cables containing telephone, telegraph, or signal wires, or
wires continuing from same, where the cable is attached to poles on
which no wires or cables other than the wires continuing from said
cable are maintained, provided, that electric light or power wires or
cables are in no case maintained on the same side of the street or
highway on which said aerial cable is placed.
Rule 2. No wire or cable used to carry a current of over seven
hundred fifty volts of electricity within the incorporate limits of any
city or town shall be run, placed, erected, maintained, or used on any
insulator the center of which is nearer than twenty-four inches to the
center line of any pole. And no such wire or cable shall be run past
any pole to which it is not attached at a distance of less than twenty-four inches from the center line thereof: PROVIDED, That this shall
not apply to any wire or cable where the same is run from under ground
and placed vertically on the pole; nor to any wire or cable where the
same is attached to the top of the pole; nor to a pole top fixture, as
between it and the same pole; nor to any wire or cable between the
points where the same is made to leave any pole or fixture thereon for
the purpose of entering any building or other structure, and the point
of attachment to said building or structure; nor to any jumper wire or
cable carrying a current or connected with transformers or other
appliances on the same pole: PROVIDED FURTHER, That where said wire or
cable is run vertically, it shall be rigidly supported and where
possible run on the ends of the cross-arms.
Rule 3. No wire or cable carrying a current of more than seven
hundred fifty volts, and less than seventy-five hundred volts of
electricity, shall be run, placed, erected, maintained, or used within
three feet of any wire or cable carrying a current of seven hundred
fifty volts or less of electricity; and no wire or cable carrying a
current of more than seventy-five hundred volts of electricity shall be
run, placed, erected, maintained, or used within seven feet of any wire
or cable carrying less than seventy-five hundred volts: PROVIDED, That
the foregoing provisions of this paragraph shall not apply to any wire
or cable within buildings or other structures; nor where the same are
run from under ground and placed vertically upon the pole; nor to any
service wire or cable where the same is made to leave any pole or
fixture thereon for the purpose of entering any building or other
structure, and the point of attachment to said building or structure;
nor to any jumper wire or cable carrying a current or connected with a
transformer or other appliance on the same pole: PROVIDED, That where
run vertically, wires or cables shall be rigidly supported, and where
possible run on the ends of the cross-arms: PROVIDED FURTHER, That as
between any two wires or cables mentioned in Rules 1, 2, and 3 of this
section, only the wires or cables last in point of time so run, placed,
erected, or maintained, shall be held to be in violation of the
provisions thereof.
Rule 4. No wire or cable used for telephone, telegraph, district
messenger, or call bell circuit, fire or burglar alarm, or any other
similar system, shall be run, placed, erected, maintained, or used on
any pole at a distance of less than three feet from any wire or cable
carrying a current of over three hundred volts of electricity; and in
all cases (except those mentioned in exceptions to Rules 1, 2, and 3)
where such wires or cables are run, above or below, or cross over or
under electric light or power wires, or a trolley wire, a suitable
method of construction, or insulation or protection to prevent contact
shall be maintained as between such wire or cable and such electric
light, power or trolley wire; and said methods of construction,
insulation, or protection shall be installed by, or at the expense of
the person owning the wire last placed in point of time: PROVIDED,
That telephone, telegraph, or signal wires or cables operated for
private use and not furnishing service to the public, may be placed
less than three feet from any line carrying a voltage of less than
seven hundred and fifty volts.
Rule 5. Transformers, either single or in bank, that exceed a
total capacity of over ten K.W. shall be supported by a double cross-arm, or some fixture equally as strong. No transformer shall be
placed, erected, maintained, or used on any cross-arm or other
appliance on a pole upon which is placed a series electric arc lamp or
arc light: PROVIDED, This shall not apply to a span wire supporting a
lamp only. All aerial and underground transformers used for low
potential distribution shall be subjected to an insulation test in
accordance with the standardized rules of the American institute of
electrical engineers. In addition to this each transformer shall be
tested at rated line voltage prior to each installation and shall have
attached to it a tag showing the date on which the test was made, and
the name of the person making the test.
Rule 6. No wire or cable, other than ground wires, used to conduct
or carry electricity, shall be placed, run, erected, maintained, or
used vertically on any pole without causing such wire or cable to be at
all times sufficiently insulated the full length thereof to insure the
protection of anyone coming in contact with said wire or cable.
Rule 7. The neutral point or wire of all transformer secondaries
strung or erected for use in low potential distributing systems shall
be grounded in all cases where the normal maximum difference of
potential between the ground and any point in the secondary circuit
will not exceed one hundred and fifty volts. When no neutral point or
wire is accessible one side of the secondary circuit shall be grounded
in the case of single phase transformers, and any one common point in
the case of interconnected polyphase bank or banks of transformers.
Where the maximum difference of potential between the ground and any
point in the secondary circuit will, when grounded, exceed one hundred
fifty volts, grounding shall be permitted. Such grounding shall be
done in the manner provided in Rule 30.
Rule 8. In all cases where a wire or cable larger than No. 14
B.W.G. originates or terminates on insulators attached to any pin or
other appliance, said wire or cable shall be attached to at least two
insulators: PROVIDED HOWEVER, That this section shall not apply to
service wires to buildings; nor to wires run vertically on a pole; nor
to wires originating or terminating on strain insulators or circuit
breakers; nor to telephone, telegraph or signal wires outside the
limits of any incorporated city or town.
Rule 9. Fixtures placed or erected for the support of wires on the
roofs of buildings shall be of sufficient strength to withstand all
strains to which they may be subjected, due to the breaking of all
wires on one side thereof, and except where insulated wires or cables
are held close to fire walls by straps or rings, shall be of such
height and so placed that all of the wires supported by such fixtures
shall be at least seven feet above any point of roofs less than one-quarter pitch over which they pass or may be attached, and no roof
fixtures or wire shall be so placed that they will interfere with the
free passage of persons upon, over, to or from the roofs.
Rule 10. No guy wire or cable shall be placed, run, erected,
maintained, or used within the incorporate limits of any city or town
on any pole or appliance to which is attached any wire or cable used to
conduct electricity without causing said guy wire or cable to be
efficiently insulated with circuit breakers at all times at a distance
of not less than eight feet nor more than ten feet measured along the
line of said guy wire or cable from each end thereof: PROVIDED, No
circuit breaker shall be required at the lower end of the guy wire or
cable where the same is attached to a ground anchor, nor shall any
circuit breaker be required where said guy wire or cable runs direct
from a grounded messenger wire to a grounded anchor rod.
Rule 11. In all span wires used for the purpose of supporting
trolley wires or series arc lamps there shall be at least two circuit
breakers, one of which shall at all times be maintained no less than
four feet nor more than six feet distant from the trolley wire or
series arc lamp, and in cases where the same is supported by a building
or metallic pole, the other circuit breaker shall be maintained at the
building or at the pole: PROVIDED, That in span wires which support
two or more trolley wires no circuit breaker shall be required in the
span wire between any two of the trolley wires: PROVIDED FURTHER, That
in span wires supporting trolley wires attached to wooden poles only
the circuit breaker adjacent to the trolley wire shall be required.
Rule 12. At all points where in case of a breakdown of trolley
span wires, the trolley wire would be liable to drop within seven feet
of the ground, there shall be double span wires and hangers placed at
such points.
Rule 13. All energized wires or appliances installed inside of any
building or vault, for the distribution of electrical energy, shall be
sufficiently insulated, or so guarded, located, or arranged as to
protect any person from injury.
Rule 14. The secondary circuit of current transformers, the
casings of all potential regulators and arc light transformers, all
metal frames of all switch boards, metal oil tanks used on oil switches
except where the tank is part of the conducting system, all motor and
generator frames, the entire frame of the crane and the tracks of all
traveling cranes and hoisting devices, shall be thoroughly grounded, as
provided in Rule 30.
Rule 15. All generators and motors having a potential of more than
three hundred volts shall be provided with a suitable insulated
platform or mat so arranged as to permit the attendant to stand upon
such platform or mat when working upon the live parts of such
generators or motors.
Rule 16. Suitable insulated platforms or mats shall be provided
for the use of all persons while working on any live part of
switchboards on which any wire or appliance carries a potential in
excess of three hundred volts.
Rule 17. Every generator, motor, transformer, switch, or other
similar piece of apparatus and device used in the generation,
transmission or distribution of electrical energy in stations or
substations, shall be either provided with a name plate giving the
capacity in volts and amperes, or have this information stamped thereon
in such a manner as to be clearly legible.
Rule 18. When lines of seven hundred fifty volts or over are cut
out at the station or substation to allow employees to work upon them,
they shall be short-circuited and grounded at the station, and shall in
addition, if the line wires are bare, be short-circuited, and where
possible grounded at the place where the work is being done.
Rule 19. All switches installed with overload protection devices,
and all automatic overload circuit breakers must have the trip coils so
adjusted as to afford complete protection against overloads and short
circuits, and the same must be so arranged that no pole can be opened
manually without opening all the poles, and the trip coils shall be
instantly operative upon closing.
Rule 20. All feeders for electric railways must, before leaving
the plant or substation, be protected by an approved circuit breaker
which will cut off the circuit in case of an accidental ground or short
circuit.
Rule 21. There shall be provided in all distributing stations a
ground detecting device.
Rule 22. There shall be provided in all stations, plants, and
buildings herein specified warning cards printed on red cardboard not
less than two and one-quarter by four and one-half inches in size,
which shall be attached to all switches opened for the purpose of
lineworkers or other employees working on the wires. The person
opening any line switch shall enter upon said card the name of the
person ordering the switch opened, the time opened, the time line was
reported clear and by whom, and shall sign his or her own name.
Rule 23. No manhole containing any wire carrying a current of over
three hundred volts shall be less than six feet from floor to inside of
roof; if circular in shape it shall not be less than six feet in
diameter; if square it shall be six feet from wall to wall: PROVIDED
HOWEVER, That this paragraph shall not apply to any manhole in which it
shall not be required that any person enter to perform work: PROVIDED
FURTHER, That the foregoing provisions of this paragraph shall not
apply where satisfactory proof shall be submitted to the proper
authorities that it is impracticable or physically impossible to comply
with this law within the space or location designated by the proper
authorities.
Rule 24. All manholes containing any wires or appliances carrying
electrical current shall be kept in a sanitary condition, free from
stagnant water or seepage or other drainage which is offensive or
dangerous to health, either by sewer connection or otherwise, while any
person is working in the same.
Rule 25. No manhole shall have an opening to the outer air of less
than twenty-six inches in diameter, and the cover of same shall be
provided with vent hole or holes equivalent to three square inches in
area.
Rule 26. No manhole shall have an opening which is, at the surface
of the ground, within a distance of three feet at any point from any
rail of any railway or streetcar track: PROVIDED, That this shall not
apply where satisfactory proof shall be submitted to the proper
authorities that it is impracticable or physically impossible to comply
with the provisions of this paragraph: PROVIDED, That in complying
with the provisions of this rule only the construction last in point of
time performed, placed, or erected shall be held to be in violation
thereof.
Rule 27. Whenever persons are working in any manhole whose opening
to the outer air is less than three feet from the rail of any railway
or streetcar track, a watchperson or attendant shall be stationed on
the surface at the entrance of such manhole at all times while work is
being performed therein.
Rule 28. All persons employed in manholes shall be furnished with
insulated platforms so as to protect the workers while at work in the
manholes: PROVIDED, That this paragraph shall not apply to manholes
containing only telephone, telegraph, or signal wires or cables.
Rule 29. No work shall be permitted to be done on any live wire,
cable, or appliance carrying more than seven hundred fifty volts of
electricity by less than two competent and experienced persons, who, at
all times while performing such work shall be in the same room,
chamber, manhole or other place in which, or on the same pole on which,
such work is being done: PROVIDED, That in districts where only one
competent and experienced person is regularly employed, and a second
competent and experienced person cannot be obtained without delay at
prevailing rate of pay in said district, such work shall be permitted
to be done by one competent and experienced person and a helper who
need not be on the same pole on which said work is being done.
No work shall be permitted to be done in any manhole or subway on
any live wire, cable, or appliance carrying more than three hundred
volts of electricity by less than two competent and experienced
persons, who at all times while performing such work shall be in the
same manhole or subway in which such work is being done.
Rule 30. The grounding provided for in these rules shall be done
in the following manner: By connecting a wire or wires not less than
No. 6 B.&S. gauge to a water pipe of a metallic system outside of the
meter, if there is one, or to a copper plate one-sixteenth inch thick
and not less than three feet by six feet area buried in coke below the
permanent moisture level, or to other device equally as efficient. The
ground wire or wires of a direct current system of three or more wires
shall not be smaller than the neutral wire at the central station, and
not smaller than a No. 6 B.&S. gauge elsewhere: PROVIDED, That the
maximum cross section area of any ground wire or wires at the central
station need not exceed one million circular mils. The ground wires
shall be carried in as nearly a straight line as possible, and kinks,
coils, and short bends shall be avoided: PROVIDED, That the provisions
of this rule shall not apply as to size to ground wires run from
instrument transformers or meters.
Sec. 531 RCW 19.31.020 and 1998 c 228 s 1 are each amended to
read as follows:
Unless a different meaning is clearly required by the context, the
following words and phrases, as hereinafter used in this chapter, shall
have the following meanings:
(1) "Employment agency" is synonymous with "agency" and shall mean
any business in which any part of the business gross or net income is
derived from a fee received from applicants, and in which any of the
following activities are engaged in:
(a) The offering, promising, procuring, or attempting to procure
employment for applicants;
(b) The giving of information regarding where and from whom
employment may be obtained; or
(c) The sale of a list of jobs or a list of names of persons or
companies accepting applications for specific positions, in any form.
In addition the term "employment agency" shall mean and include any
person, bureau, employment listing service, employment directory,
organization, or school which for profit, by advertisement or
otherwise, offers, as one of its main objects or purposes, to procure
employment for any person who pays for its services, or which collects
tuition, or charges for service of any nature, where the main object of
the person paying the same is to secure employment. It also includes
any business that provides a resume to an individual and provides that
person with a list of names to whom the resume may be sent or provides
that person with preaddressed envelopes to be mailed by the individual
or by the business itself, if the list of names or the preaddressed
envelopes have been compiled and are represented by the business as
having job openings. The term "employment agency" shall not include
labor union organizations, temporary service contractors, proprietary
schools operating within the scope of activities for which the school
is licensed under chapter 28C.10 RCW, nonprofit schools and colleges,
career guidance and counseling services, employment directories that
are sold in a manner that allows the applicant to examine the directory
before purchase, theatrical agencies, farm labor contractors, or the
Washington state employment agency.
(2) "Temporary service contractors" shall mean any person, firm,
association, or corporation conducting a business which consists of
employing individuals directly for the purpose of furnishing such
individuals on a part time or temporary help basis to others.
(3) "Theatrical agency" means any person who, for a fee or
commission, procures on behalf of an individual or individuals,
employment or engagements for circus, vaudeville, the variety field,
the legitimate theater, motion pictures, radio, television, phonograph
recordings, transcriptions, opera, concert, ballet, modeling, or other
entertainments, exhibitions, or performances. The term "theatrical
agency" does not include any person charging an applicant a fee prior
to or in advance of:
(a) Procuring employment for the applicant;
(b) Giving or providing the applicant information regarding where
or from whom employment may be obtained;
(c) Allowing or requiring the applicant to participate in any
instructional class, audition, or career guidance or counseling; or
(d) Allowing the applicant to be eligible for employment through
the person.
(4) "Farm labor contractor" means any person, or his or her agent,
who, for a fee, employs workers to render personal services in
connection with the production of any farm products, to, for, or under
the direction of an employer engaged in the growing, producing, or
harvesting of farm products, or who recruits, solicits, supplies, or
hires workers on behalf of an employer engaged in the growing,
producing, or harvesting of farm products or who provides in connection
with recruiting, soliciting, supplying, or hiring workers engaged in
the growing, producing, or harvesting of farm products, one or more of
the following services: Furnishes board, lodging, or transportation
for such workers, supervises, times, checks, counts, sizes, or
otherwise directs or measures their work; or disburses wage payments to
such persons.
(5) "Employer" means any person, firm, corporation, partnership, or
association employing or seeking to enter into an arrangement to employ
a person through the medium or service of an employment agency.
(6) "Applicant," except when used to describe an applicant for an
employment agency license, means any person, whether employed or
unemployed, seeking or entering into any arrangement for his or her
employment or change of his or her employment through the medium or
service of an employment agency.
(7) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor,
subcontractor, bureau, agency, service, office, or an agent or employee
of any of the foregoing.
(8) "Director" shall mean the director of licensing.
(9) "Resume" means a document of the applicant's employment history
that is approved, received, and paid for by the applicant.
(10) "Fee" means anything of value. The term includes money or
other valuable consideration or services or the promise of money or
other valuable consideration or services, received directly or
indirectly by an employment agency from a person seeking employment, in
payment for the service.
(11) "Employment listing service" means any business operated by
any person that provides in any form, including written or verbal,
lists of specified positions of employment available with any employer
other than itself or that holds itself out to applicants as able to
provide information about specific positions of employment available
with any employer other than itself, and that charges a fee to the
applicant for its services and does not set up interviews or otherwise
intercede between employer and applicant.
(12) "Employment directory" means any business operated by any
person that provides in any form, including written or verbal, lists of
employers, does not provide lists of specified positions of employment,
that holds itself out to applicants as able to provide information on
employment in specific industries or geographical areas, and that
charges a fee to the applicant for its services.
(13) "Career guidance and counseling service" means any person,
firm, association, or corporation conducting a business that engages in
any of the following activities:
(a) Career assessment, planning, or testing through individual
counseling or group seminars, classes, or workshops;
(b) Skills analysis, resume writing, and preparation through
individual counseling or group seminars, classes, or workshops;
(c) Training in job search or interviewing skills through
individual counseling or group seminars, classes, or workshops:
PROVIDED, That the career guidance and counseling service does not
engage in any of the following activities:
(i) Contacts employers on behalf of an applicant or in any way
intercedes between employer and applicant;
(ii) Provides information on specific job openings;
(iii) Holds itself out as able to provide referrals to specific
companies or individuals who have specific job openings.
Sec. 532 RCW 19.31.080 and 1969 ex.s. c 228 s 8 are each amended
to read as follows:
It shall be a misdemeanor for any person to conduct an employment
agency business in this state unless he or she has an employment agency
license issued pursuant to the provisions of this chapter.
Sec. 533 RCW 19.31.090 and 1977 ex.s. c 51 s 4 are each amended
to read as follows:
(1) Before conducting any business as an employment agency each
licensee shall file with the director a surety bond in the sum of two
thousand dollars running to the state of Washington, for the benefit of
any person injured or damaged as a result of any violation by the
licensee or his or her agent of any of the provisions of this chapter
or of any rule or regulation adopted by the director pursuant to RCW
19.31.070(1).
(2) In lieu of the surety bond required by this section the license
applicant may file with the director a cash deposit or other negotiable
security acceptable to the director: PROVIDED, HOWEVER, If the license
applicant has filed a cash deposit, the director shall deposit such
funds with the state treasurer. If the license applicant has deposited
cash or other negotiable security with the director, the same shall be
returned to the licensee at the expiration of one year after the
employment agency's license has expired or been revoked, if no legal
action has been instituted against the licensee or the surety deposit
at the expiration of the year.
(3) Any person having a claim against an employment agency for any
violation of the provisions of this chapter or any rule or regulation
promulgated thereunder may bring suit upon such bond or deposit in an
appropriate court of the county where the office of the employment
agency is located or of any county in which jurisdiction of the
employment agency may be had. Action upon such bond or deposit shall
be commenced by serving and filing of the complaint within one year
from the date of expiration of the employment agency license in force
at the time the act for which the suit is brought occurred. A copy of
the complaint shall be served by registered or certified mail upon the
director at the time the suit is started, and the director shall
maintain a record, available for public inspection, of all suits so
commenced. Such service on the director shall constitute service on
the surety and the director shall transmit the complaint or a copy
thereof to the surety within five business days after it shall have
been received. The surety upon the bond shall not be liable in an
aggregate amount in excess of the amount named in the bond, but in case
claims pending at any one time exceed the amount of the bond, claims
shall be satisfied in the order of judgment rendered. In the event
that any final judgment shall impair the liability of the surety upon
bond so furnished or the amount of the deposit so that there shall not
be in effect a bond undertaking or deposit in the full amount
prescribed in this section, the director shall suspend the license of
such employment agency until the bond undertaking or deposit in the
required amount, unimpaired by unsatisfied judgment claims, shall have
been furnished.
(4) In the event of a final judgment being entered against the
deposit or security referred to in subsection (2) of this section, the
director shall, upon receipt of a certified copy of the final judgment,
order said judgment to be paid from the amount of the deposit or
security.
Sec. 534 RCW 19.31.170 and 1993 c 499 s 6 are each amended to
read as follows:
(1) If an applicant accepts employment by agreement with an
employer and thereafter never reports for work, the gross fee charged
to the applicant shall not exceed: (a) Ten percent of what the first
month's gross salary or wages would be, if known; or (b) ten percent of
the first month's drawing account. If the employment was to have been
on a commission basis without any drawing account, then no fee may be
charged in the event that the applicant never reports for work.
(2) If an applicant accepts employment on a commission basis
without any drawing account, then the gross fee charged such applicant
shall be a percentage of commissions actually earned.
(3) If an applicant accepts employment and if within sixty days of
his or her reporting for work the employment is terminated, then the
gross fee charged such applicant shall not exceed twenty percent of the
gross salary, wages, or commission received by him or her.
(4) If an applicant accepts temporary employment as a domestic,
household employee, baby sitter, agricultural worker, or day laborer,
then the gross fee charged such applicant shall not be in excess of
twenty-five percent of the first full month's gross salary or wages:
PROVIDED, That where an applicant accepts employment as a domestic or
household employee for a period of less than one month, then the gross
fee charged such applicant shall not exceed twenty-five percent of the
gross salary or wages paid.
(5) Any applicant requesting a refund of a fee paid to an
employment agency in accordance with the terms of the approved fee
schedule of the employment agency pursuant to this section shall file
with the employment agency a form requesting such refund on which shall
be set forth information reasonably needed and requested by the
employment agency, including but not limited to the following:
Circumstances under which employment was terminated, dates of
employment, and gross earnings of the applicant.
(6) Refund requests which are not in dispute shall be made by the
employment agency within thirty days of receipt.
(7) Subsections (1) through (6) of this section do not apply to
employment listing services or employment directories.
Sec. 535 RCW 19.31.180 and 1969 ex.s. c 228 s 18 are each amended
to read as follows:
Each licensee shall post the following in a conspicuous place in
each office in which it conducts business: (1) The substance of RCW
19.31.150 through 19.31.170; and (2) a name and address provided by the
director, in a form prescribed by him or her, of a person to whom
complaints concerning possible violation of this chapter may be made.
All words required to be posted pursuant to this section shall be
printed in ten point bold face type.
Sec. 536 RCW 19.31.190 and 1993 c 499 s 7 are each amended to
read as follows:
In addition to the other provisions of this chapter the following
rules shall govern each and every employment agency:
(1) Every license or a verified copy thereof shall be displayed in
a conspicuous place in each office of the employment agency;
(2) No fee shall be solicited or accepted as an application or
registration fee by any employment agency solely for the purpose of
being registered as an applicant for employment;
(3) No licensee or agent of the licensee shall solicit, persuade,
or induce an employee to leave any employment in which the licensee or
agent of the licensee has placed the employee; nor shall any licensee
or agent of the licensee persuade or induce or solicit any employer to
discharge any employee;
(4) No employment agency shall knowingly cause to be printed or
published a false or fraudulent notice or advertisement for obtaining
work or employment. All advertising by a licensee shall signify that
it is an employment agency solicitation except an employment listing
service shall advertise it is an employment listing service;
(5) An employment directory shall include the following on all
advertisements:
"Directory provides information on possible employers and general
employment information but does not list actual job openings.";
(6) No licensee shall fail to state in any advertisement, proposal,
or contract for employment that there is a strike or lockout at the
place of proposed employment, if he or she has knowledge that such
condition exists;
(7) No licensee or agent of a licensee shall directly or indirectly
split, divide, or share with an employer any fee, charge, or
compensation received from any applicant who has obtained employment
with such employer or with any other person connected with the business
of such employer;
(8) When an applicant is referred to the same employer by two
licensees, the fee shall be paid to the licensee who first contacted
the applicant concerning the position for that applicant: PROVIDED,
That the licensee has given the name of the employer to the applicant
and has within five working days arranged an interview with the
employer and the applicant was hired as the result of that interview;
(9) No licensee shall require in any manner that a potential
employee or an employee of an employer make any contract with any
lending agency for the purpose of fulfilling a financial obligation to
the licensee;
(10) All job listings must be bona fide job listings. To qualify
as a bona fide job listing the following conditions must be met:
(a) A bona fide job listing must be obtained from a representative
of the employer that reflects an actual current job opening;
(b) A representative of the employer must be aware of the fact that
the job listing will be made available to applicants by the employment
listing service and that applicants will be applying for the job
listing;
(c) All job listings and referrals must be current. To qualify as
a current job listing the employment listing service shall contact the
employer and verify the availability of the job listing no less than
once per week;
(11) All listings for employers listed in employment directories
shall be current. To qualify as a current employer, the employment
directory must contact the employer at least once per month and verify
that the employer is currently hiring;
(12) Any aggrieved person, firm, corporation, or public officer may
submit a written complaint to the director charging the holder of an
employment agency license with violation of this chapter and/
Sec. 537 RCW 19.31.210 and 1969 ex.s. c 228 s 21 are each amended
to read as follows:
The director may refer such evidence as may be available to him or
her concerning violations of this chapter or of any rule or regulation
adopted hereunder to the attorney general or the prosecuting attorney
of the county wherein the alleged violation arose, who may, in their
discretion, with or without such a reference, in addition to any other
action they might commence, bring an action in the name of the state
against any person to restrain and prevent the doing of any act or
practice prohibited by this chapter: PROVIDED, That this chapter shall
be considered in conjunction with chapters 9.04 and 19.86 RCW, as now
or hereafter amended, and the powers and duties of the attorney general
and the prosecuting attorney as they may appear in the aforementioned
chapters, shall apply against all persons subject to this chapter.
Sec. 538 RCW 19.31.220 and 1969 ex.s. c 228 s 22 are each amended
to read as follows:
In the enforcement of this chapter, the attorney general and/or any
said prosecuting attorney may accept an assurance of discontinuance
from any person deemed in violation of any provisions of this chapter.
Any such assurance shall be in writing and shall be filed with and
subject to the approval of the superior court of the county in which
the alleged violator resides or has his or her principal place of
business, or in Thurston county.
Sec. 539 RCW 19.31.240 and 1969 ex.s. c 228 s 24 are each amended
to read as follows:
Personal service of any process in an action under this chapter may
be made upon any person outside the state if such person has engaged in
conduct in violation of this chapter which conduct has had impact in
this state which this chapter reprehends. Such person shall be deemed
to have thereby submitted himself or herself to the jurisdiction of the
courts of this state within the meaning of RCW 4.28.180 and 4.28.185,
as now or hereafter amended.
Sec. 540 RCW 19.36.010 and 1905 c 58 s 1 are each amended to read
as follows:
In the following cases, specified in this section, any agreement,
contract, and promise shall be void, unless such agreement, contract,
or promise, or some note or memorandum thereof, be in writing, and
signed by the party to be charged therewith, or by some person
thereunto by him or her lawfully authorized, that is to say: (1) Every
agreement that by its terms is not to be performed in one year from the
making thereof; (2) every special promise to answer for the debt,
default, or misdoings of another person; (3) every agreement, promise,
or undertaking made upon consideration of marriage, except mutual
promises to marry; (4) every special promise made by an executor or
administrator to answer damages out of his or her own estate; (5) an
agreement authorizing or employing an agent or broker to sell or
purchase real estate for compensation or a commission.
Sec. 541 RCW 19.48.070 and 1929 c 216 s 3 are each amended to
read as follows:
Except as provided for in RCW 19.48.030, the proprietor, keeper,
owner, operator, lessee, or manager, whether individual, partnership,
or corporation, of a hotel, lodging house, or inn, shall not be liable
for the loss or destruction of, or damage to any personal property
brought or sent into such hotel, lodging house, or inn, by or for any
of the guests, boarders, or lodgers thereof, unless such loss,
destruction, or damage is occasioned by the gross negligence of such
proprietor, keeper, owner, operator, lessee, or manager, or his, her,
their, or its agents, servants, or employees; but in no event shall
such liability exceed the sum of two hundred dollars, unless such
proprietor, keeper, owner, operator, lessee, or manager, shall have
contracted in writing with such guest, boarder, or lodger to assume a
greater liability: PROVIDED, HOWEVER, That in no event shall liability
of the proprietor, keeper, owner, operator, lessee, or manager, or his,
her, their, or its agents, servants or employees, of a hotel, lodging
house, or inn exceed the following: For a guest, boarder, or lodger,
paying twenty-five cents per day, for lodging, or for any person who is
not a guest, boarder, or lodger, the liability for loss, destruction,
or damage, shall not exceed the sum of fifty dollars for a trunk and
contents, ten dollars for a suitcase or valise and contents, five
dollars for a box, bundle, or package, and ten dollars for wearing
apparel or miscellaneous effects. For a guest, boarder, or lodger,
paying fifty cents a day for lodging, the liability for loss,
destruction, or damage shall not exceed seventy-five dollars for a
trunk and contents, twenty dollars for a suitcase or valise and
contents, ten dollars for a box, bundle, or package and contents, and
twenty dollars for wearing apparel and miscellaneous effects. For a
guest, boarder, or lodger paying more than fifty cents per day for
lodging, the liability for loss, destruction, or damage shall not
exceed one hundred fifty dollars for a trunk and contents, fifty
dollars for a suitcase or valise and contents, ten dollars for a box,
bundle, or package and contents, and fifty dollars for wearing apparel
and miscellaneous effects, unless in such case such proprietor, keeper,
owner, operator, lessee, or manager of such hotel, lodging house, or
inn, shall have consented in writing to assume a greater liability:
AND PROVIDED FURTHER, Whenever any person shall suffer his or her
baggage or property to remain in any hotel, lodging house, or inn,
after leaving the same as a guest, boarder, or lodger, and after the
relation of guest, boarder, or lodger between such person and the
proprietor, keeper, owner, operator, lessee, or manager of such hotel,
lodging house, or inn, has ceased, or shall forward or deliver the same
to such hotel, lodging house, or inn, before, or without, becoming a
guest, boarder, or lodger thereof, and the same shall be received into
such hotel, lodging house, or inn, the liability of such proprietor,
keeper, owner, operator, lessee, or manager thereof shall in no event
exceed the sum of one hundred dollars, and such proprietor, keeper,
owner, operator, lessee, or manager, may at his, her, their or its
option, hold such baggage or property at the risk of such owner
thereof; and when any baggage or property has been kept or stored by
such hotel, lodging house, or inn, for six months after such relation
of guest, boarder, or lodger has ceased, or when such relation does not
exist, after six months from the receipt of such baggage or property in
such hotel, lodging house, or inn, such proprietor, keeper, owner,
operator, lessee, or manager, may, if he, she, they or it so desires,
sell the same at public auction in the manner now or hereinafter
provided by law for the sale of property to satisfy a hotel keeper's
lien, and from the proceeds of such sale pay or reimburse himself or
herself the expenses incurred for advertisement and sale, as well as
any storage that may have accrued, and any other amounts owing by such
person to said hotel, lodging house, or inn: PROVIDED, That when any
such baggage or property is received, kept, or stored therein after
such relation does not exist, such proprietor, keeper, owner, operator,
lessee, or manager, may, if he, she, or it, so desires, deliver the
same at any time to a storage or warehouse company for storage, and in
such event all responsibility or liability of such hotel, lodging
house, or inn, for such baggage or property, or for storage charges
thereon, shall thereupon cease and terminate.
Sec. 542 RCW 19.52.010 and 1992 c 134 s 13 are each amended to
read as follows:
(1) Every loan or forbearance of money, goods, or thing in action
shall bear interest at the rate of twelve percent per annum where no
different rate is agreed to in writing between the parties: PROVIDED,
That with regard to any transaction heretofore or hereafter entered
into subject to this section, if an agreement in writing between the
parties evidencing such transaction provides for the payment of money
at the end of an agreed period of time or in installments over an
agreed period of time, then such agreement shall constitute a writing
for purposes of this section and satisfy the requirements thereof. The
discounting of commercial paper, where the borrower makes himself or
herself liable as maker, guarantor, or indorser, shall be considered as
a loan for the purposes of this chapter.
(2) A lease shall not be considered a loan or forbearance for the
purposes of this chapter if:
(a) It constitutes a "consumer lease" as defined in RCW 63.10.020;
(b) It constitutes a lease-purchase agreement under chapter 63.19
RCW; or
(c) It would constitute such "consumer lease" but for the fact
that:
(i) The lessee was not a natural person;
(ii) The lease was not primarily for personal, family, or household
purposes; or
(iii) The total contractual obligation exceeded twenty-five
thousand dollars.
Sec. 543 RCW 19.64.010 and 1943 c 229 s 1 are each amended to
read as follows:
Where the owner, licensee, or operator of a radio or television
broadcasting station, or the agents or employees thereof, has required
a person speaking over said station to submit a written copy of his or
her script prior to such broadcast and has cut such speaker off the air
as soon as reasonably possible in the event such speaker deviates from
such written script, said owner, licensee, or operator, or the agents
or employees thereof, shall not be liable for any damages, for any
defamatory statement published or uttered by such person in or as a
part of such radio or television broadcast unless such defamatory
statements are contained in said written script.
Sec. 544 RCW 19.64.020 and 1943 c 229 s 2 are each amended to
read as follows:
Nothing contained shall be construed as limiting the liability of
any speaker or his or her sponsor or sponsors for defamatory statements
made by such speaker in or as a part of any such broadcast.
Sec. 545 RCW 19.68.030 and 1965 ex.s. c 58 s 3 are each amended
to read as follows:
The license of any person so licensed may be revoked or suspended
if he or she has directly or indirectly requested, received, or
participated in the division, transference, assignment, rebate,
splitting, or refunding of a fee for, or has directly or indirectly
requested, received, or profited by means of a credit or other valuable
consideration as a commission, discount, or gratuity in connection with
the furnishing of medical, surgical, or dental care, diagnosis or
treatment or service, including X-ray examination and treatment, or for
or in connection with the sale, rental, supplying or furnishing of
clinical laboratory service or supplies, X-ray services or supplies,
inhalation therapy service or equipment, ambulance service, hospital or
medical supplies, physiotherapy or other therapeutic service or
equipment, artificial limbs, teeth, or eyes, orthopedic or surgical
appliances or supplies, optical appliances, supplies or equipment,
devices for aid of hearing, drugs, medication or medical supplies or
any other goods, services or supplies prescribed for medical diagnosis,
care or treatment, except payment, not to exceed thirty-three and one-third percent of any fee received for X-ray examination, diagnosis, or
treatment, to any hospital furnishing facilities for such examination,
diagnosis, or treatment.
Sec. 546 RCW 19.72.070 and Code 1881 s 648 are each amended to
read as follows:
When any defendant, surety in a judgment or special bail or
replevin or surety in a delivery bond or replevin bond, or any person
being surety in any bond whatever, has been or shall be compelled to
pay any judgment or any part thereof, or shall make any payment which
is applied upon such judgment by reason of such suretyship, or when any
sheriff or other officer or other surety upon his or her official bond
shall be compelled to pay any judgment or any part thereof by reason of
any default of such officer, except for failing to pay over money
collected, or for wasting property levied upon, the judgment shall not
be discharged by such payment, but shall remain in force for the use of
the bail, surety, officer, or other person making such payment, and
after the plaintiff is paid, so much of the judgment as remains
unsatisfied may be prosecuted to execution for his or her use.
Sec. 547 RCW 19.72.090 and Code 1881 s 650 are each amended to
read as follows:
No surety or his or her representative shall confess judgment or
suffer judgment by default in any case where he or she is notified that
there is a valid defense, if the principal will enter himself or
herself defendant to the action and tender to the surety or his or her
representatives good security to indemnify him or her, to be approved
by the court.
Sec. 548 RCW 19.72.101 and Code 1881 s 645 are each amended to
read as follows:
If the creditor or obligee shall not proceed within a reasonable
time to bring his or her action upon such contract, and prosecute the
same to judgment and execution, the surety shall be discharged from all
liability thereon.
Sec. 549 RCW 19.72.130 and 1937 c 145 s 3 are each amended to
read as follows:
On and after the date fixed in the notice as the termination date
the surety shall be released from subsequent liability on such bond;
and, unless before the date fixed in such notice as the termination
date by the surety, a new bond shall be filed with sufficient and
satisfactory surety as required by law under which the bond was
originally furnished and filed, the office, position, or trust in the
case of a public office, guardian, executor, administrator, receiver,
or trustee shall become vacant and a successor shall be appointed as
provided by law; and in case of a license, certificate, permit, or
franchise, the same shall become null and void: PROVIDED, HOWEVER,
That no surety shall be released on the bond of any guardian, executor,
administrator, receiver, or trustee until such fiduciary shall have
furnished a new bond with surety approved by the court, or until his or
her successor has been appointed and has qualified and taken over the
fiduciary assets. Said notice of withdrawal shall be final and not
subject to cancellation by said surety and said license, certificate,
permit, or franchise can only be continued upon filing a new bond as
above provided.
Sec. 550 RCW 19.72.160 and 1953 c 46 s 1 are each amended to read
as follows:
It shall be lawful for any party of whom a bond, undertaking, or
other obligation is required, to agree with his or her surety or
sureties for the deposit of any or all moneys and assets for which he
or she and his or her surety or sureties are or may be held
responsible, with a bank, savings bank, savings and loan association,
safe deposit or trust company, authorized by law to do business as
such, or with other depository approved by the court or a judge
thereof, if such deposit is otherwise proper, for the safekeeping
thereof, and in such manner as to prevent the withdrawal of such money
or assets or any part thereof, without the written consent of such
surety or sureties, or an order of court, or a judge thereof made on
such notice to such surety or sureties as such court or judge may
direct: PROVIDED, HOWEVER, That such agreement shall not in any manner
release from or change the liability of the principal or sureties as
established by the terms of said bond.
Sec. 551 RCW 19.77.030 and 2010 1st sp.s. c 29 s 9 are each
amended to read as follows:
(1) Subject to the limitations set forth in this chapter, any
person who has adopted and is using a trademark in this state may file
in the office of the secretary of state, on a form to be furnished by
the secretary of state, an application for registration of that
trademark setting forth, but not limited to, the following information:
(a) The name and business address of the applicant, and, if the
applicant is a corporation, its state of incorporation;
(b) The particular goods or services in connection with which the
trademark is used and the class in which such goods or services fall;
(c) The manner in which the trademark is placed on or affixed to
the goods or containers, or displayed in connection with such goods, or
used in connection with the sale or advertising of the services;
(d) The date when the trademark was first used with such goods or
services anywhere and the date when it was first used with such goods
or services in this state by the applicant or his or her predecessor in
business;
(e) A statement that the trademark is presently in use in this
state by the applicant;
(f) A statement that the applicant believes himself or herself to
be the owner of the trademark and believes that no other person has the
right to use such trademark in connection with the same or similar
goods or services in this state either in the identical form or in such
near resemblance thereto as to be likely, when used on or in connection
with the goods or services of such other person, to cause confusion or
mistake or to deceive; and
(g) Such additional information or documents as the secretary of
state may reasonably require.
(2) A single application for registration of a trademark may
specify all goods or services in a single class or in multiple classes
for which the trademark is actually being used.
(3) The application must be signed by the applicant individual, or
by a member of the applicant firm, or by an officer of the applicant
corporation, association, union, or other organization.
(4) The application must be accompanied by three specimens or
facsimiles of the trademark for each of the goods or services for which
its registration is requested, and a filing fee, as set by rule by the
secretary of state, payable to the secretary of state. The fee
established by the secretary may vary based upon the number of
categories listed in the application.
(5) An applicant may correct an application previously filed by the
secretary of state, within ninety days of the original filing, if the
application contains an incorrect statement or the application was
defectively executed, signed, or acknowledged. An application is
corrected by filing a form provided by the secretary of state, and
accompanied by a filing fee established by the secretary by rule. The
correction may not change the mark itself. A corrected application is
effective on the effective date of the document it corrects, except
that it is effective on the date the correction is filed as to persons
relying on the uncorrected document and adversely affected by the
correction.
(6) An applicant may amend an application previously filed by the
secretary of state if the applicant changes the categories in which it
does business. An application is amended by filing a form provided by
the secretary of state, accompanied by three specimens or facsimiles of
the trademark for any new or additional goods or services for which the
amendment is requested, and a filing fee established by the secretary
by rule. The amendment or correction may not change the mark itself.
An amended application is effective on the date it is filed.
(7) If the secretary of state determines within ninety days of
issuance, that a certificate of registration was issued in error, then
the secretary may cancel the certificate of registration. The
secretary shall promptly notify the registrant of the cancellation in
writing. The registrant may petition the superior court of Thurston
county for review of the cancellation within sixty days.
Sec. 552 RCW 19.77.130 and 1989 c 72 s 8 are each amended to read
as follows:
Any person who shall for himself or herself, or on behalf of any
other person, procure the registration of any trademark by the
secretary of state under the provisions of this chapter, by knowingly
making any false or fraudulent representation or declaration, or by any
other fraudulent means, shall be liable to pay all damages sustained in
consequence of such registration, to be recovered by or on behalf of
the party injured thereby in any court of competent jurisdiction,
together with costs of such action including reasonable attorneys'
fees.
Sec. 553 RCW 19.83.020 and 1913 c 134 s 2 are each amended to
read as follows:
In order to obtain such license the person applying therefor shall
pay to the county treasurer of the county for which the license is
sought the sum of six thousand dollars, and upon such payment being
made to the county treasurer he or she shall issue his or her receipt
therefor which shall be presented to the auditor of the county, who
shall upon the presentation thereof issue to the person making such
payment a license to furnish or sell, or a license to use, for one
year, trading stamps, coupons, tickets, certificates, cards, or other
similar devices. Such license shall contain the name of the licensee,
the date of its issue, the date of its expiration, the city or town in
which and the location at which the same shall be used, and the license
shall be used at no place other than that mentioned therein.
Sec. 554 RCW 19.83.040 and 1983 c 40 s 1 are each amended to read
as follows:
(1) Nothing in this chapter, or in any other statute or ordinance
of this state, shall apply to:
(a) The issuance and direct redemption by a manufacturer of a
premium coupon, certificate, or similar device; or prevent him or her
from issuing and directly redeeming such premium coupon, certificate,
or similar device, which, however, shall not be issued, circulated, or
distributed by retail vendors except when contained in or attached to
an original package;
(b) The publication by, or distribution through, newspapers or
other publications of coupons, certificates, or similar devices; or
(c) A coupon, certificate, or similar device which is within,
attached to, or a part of a package or container as packaged by the
original manufacturer and which is to be redeemed by another
manufacturer, if:
(i) The coupon, certificate, or similar device clearly states the
names and addresses of both the issuing manufacturer and the redeeming
manufacturer; and
(ii) The issuing manufacturer is responsible for redemption of the
coupon, certificate, or similar device if the redeeming manufacturer
fails to do so.
(2) The term "manufacturer," as used in this section, means any
vendor of an article of merchandise which is put up by or for him or
her in an original package and which is sold under his, her, or its
trade name, brand, or mark.
Sec. 555 RCW 19.84.030 and 1907 c 253 s 3 are each amended to
read as follows:
Any person engaged in any trade, business, or profession who shall
distribute, deliver, or present to any person dealing with him or her,
in consideration of any article or thing purchased, any stamp, trading
stamp, cash discount stamp, check, ticket, coupon, or other similar
device, which will entitle the holder thereof, on presentation thereof,
either singly or in definite number, to receive, either directly from
the person issuing or selling the same, as set forth in RCW 19.84.020,
or indirectly through any other person, shall, upon the refusal or
failure of the said person issuing or selling same to redeem the same,
as set forth in RCW 19.84.020, be liable to the holder thereof for the
face value thereof, and shall upon presentation redeem the same, either
in goods, wares, or merchandise, or in cash, good and lawful money of
the United States of America, at the option of the holder thereof, and
in such case any number of such stamps, trading stamps, cash discount
stamps, checks, tickets, coupons, or other similar devices, shall be
redeemed as hereinbefore set forth, at the value in cents printed upon
the face thereof, and it shall not be necessary for the holder thereof
to have any stipulated number of the same before demand for redemption
may be made, but they shall be redeemed in any number, when presented,
at the value in cents printed upon the face thereof, as hereinbefore
provided.
Sec. 556 RCW 19.86.100 and 1970 ex.s. c 26 s 3 are each amended
to read as follows:
In the enforcement of this chapter, the attorney general may accept
an assurance of discontinuance of any act or practice deemed in
violation of this chapter, from any person engaging in, or who has
engaged in, such act or practice. Any such assurance shall be in
writing and be filed with and subject to the approval of the superior
court of the county in which the alleged violator resides or has his or
her principal place of business, or in Thurston county.
Such assurance of discontinuance shall not be considered an
admission of a violation for any purpose; however, proof of failure to
comply with the assurance of discontinuance shall be prima facie
evidence of a violation of this chapter.
Sec. 557 RCW 19.86.110 and 1993 c 125 s 1 are each amended to
read as follows:
(1) Whenever the attorney general believes that any person (a) may
be in possession, custody, or control of any original or copy of any
book, record, report, memorandum, paper, communication, tabulation,
map, chart, photograph, mechanical transcription, or other tangible
document or recording, wherever situate, which he or she believes to be
relevant to the subject matter of an investigation of a possible
violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or
19.86.060, or federal statutes dealing with the same or similar matters
that the attorney general is authorized to enforce, or (b) may have
knowledge of any information which the attorney general believes
relevant to the subject matter of such an investigation, he or she may,
prior to the institution of a civil proceeding thereon, execute in
writing and cause to be served upon such a person, a civil
investigative demand requiring such person to produce such documentary
material and permit inspection and copying, to answer in writing
written interrogatories, to give oral testimony, or any combination of
such demands pertaining to such documentary material or information:
PROVIDED, That this section shall not be applicable to criminal
prosecutions.
(2) Each such demand shall:
(a) State the statute and section or sections thereof, the alleged
violation of which is under investigation, and the general subject
matter of the investigation;
(b) If the demand is for the production of documentary material,
describe the class or classes of documentary material to be produced
thereunder with reasonable specificity so as fairly to indicate the
material demanded;
(c) Prescribe a return date within which the documentary material
is to be produced, the answers to written interrogatories are to be
made, or a date, time, and place at which oral testimony is to be
taken; and
(d) Identify the members of the attorney general's staff to whom
such documentary material is to be made available for inspection and
copying, to whom answers to written interrogatories are to be made, or
who are to conduct the examination for oral testimony.
(3) No such demand shall:
(a) Contain any requirement which would be unreasonable or improper
if contained in a subpoena duces tecum, a request for answers to
written interrogatories, or a request for deposition upon oral
examination issued by a court of this state; or
(b) Require the disclosure of any documentary material which would
be privileged, or which for any other reason would not be required by
a subpoena duces tecum issued by a court of this state.
(4) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the person to be
served, or, if such person is not a natural person, to any officer or
managing agent of the person to be served; or
(b) Delivering a duly executed copy thereof to the principal place
of business in this state of the person to be served; or
(c) Mailing by registered or certified mail a duly executed copy
thereof addressed to the person to be served at the principal place of
business in this state, or, if said person has no place of business in
this state, to his or her principal office or place of business.
(5)(a) Documentary material demanded pursuant to the provisions of
this section shall be produced for inspection and copying during normal
business hours at the principal office or place of business of the
person served, or at such other times and places as may be agreed upon
by the person served and the attorney general;
(b) Written interrogatories in a demand served under this section
shall be answered in the same manner as provided in the civil rules for
superior court;
(c) The oral testimony of any person obtained pursuant to a demand
served under this section shall be taken in the same manner as provided
in the civil rules for superior court for the taking of depositions.
In the course of the deposition, the assistant attorney general
conducting the examination may exclude from the place where the
examination is held all persons other than the person being examined,
the person's counsel, and the officer before whom the testimony is to
be taken;
(d) Any person compelled to appear pursuant to a demand for oral
testimony under this section may be accompanied by counsel;
(e) The oral testimony of any person obtained pursuant to a demand
served under this section shall be taken in the county within which the
person resides, is found, or transacts business, or in such other place
as may be agreed upon between the person served and the attorney
general.
(6) If, after prior court approval, a civil investigative demand
specifically prohibits disclosure of the existence or content of the
demand, unless otherwise ordered by a superior court for good cause
shown, it shall be a misdemeanor for any person if not a bank, trust
company, mutual savings bank, credit union, or savings and loan
association organized under the laws of the United States or of any one
of the United States to disclose to any other person the existence or
content of the demand, except for disclosure to counsel for the
recipient of the demand or unless otherwise required by law.
(7) No documentary material, answers to written interrogatories, or
transcripts of oral testimony produced pursuant to a demand, or copies
thereof, shall, unless otherwise ordered by a superior court for good
cause shown, be produced for inspection or copying by, nor shall the
contents thereof be disclosed to, other than an authorized employee of
the attorney general, without the consent of the person who produced
such material, answered written interrogatories, or gave oral
testimony, except as otherwise provided in this section: PROVIDED,
That:
(a) Under such reasonable terms and conditions as the attorney
general shall prescribe, the copies of such documentary material,
answers to written interrogatories, or transcripts of oral testimony
shall be available for inspection and copying by the person who
produced such material, answered written interrogatories, or gave oral
testimony, or any duly authorized representative of such person;
(b) The attorney general may provide copies of such documentary
material, answers to written interrogatories, or transcripts of oral
testimony to an official of this state, the federal government, or
other state, who is charged with the enforcement of federal or state
antitrust or consumer protection laws, if before the disclosure the
receiving official agrees in writing that the information may not be
disclosed to anyone other than that official or the official's
authorized employees. The material provided under this subsection
(7)(b) is subject to the confidentiality restrictions set forth in this
section and may not be introduced as evidence in a criminal
prosecution; and
(c) The attorney general or any assistant attorney general may use
such copies of documentary material, answers to written
interrogatories, or transcripts of oral testimony as he or she
determines necessary in the enforcement of this chapter, including
presentation before any court: PROVIDED, That any such material,
answers to written interrogatories, or transcripts of oral testimony
which contain trade secrets shall not be presented except with the
approval of the court in which action is pending after adequate notice
to the person furnishing such material, answers to written
interrogatories, or oral testimony.
(8) At any time before the return date specified in the demand, or
within twenty days after the demand has been served, whichever period
is shorter, a petition to extend the return date for, or to modify or
set aside a demand issued pursuant to subsection (1) of this section,
stating good cause, may be filed in the superior court for Thurston
county, or in such other county where the parties reside. A petition,
by the person on whom the demand is served, stating good cause, to
require the attorney general or any person to perform any duty imposed
by the provisions of this section, and all other petitions in
connection with a demand, may be filed in the superior court for
Thurston county, or in the county where the parties reside. The court
shall have jurisdiction to impose such sanctions as are provided for in
the civil rules for superior court with respect to discovery motions.
(9) Whenever any person fails to comply with any civil
investigative demand for documentary material, answers to written
interrogatories, or oral testimony duly served upon him or her under
this section, or whenever satisfactory copying or reproduction of any
such material cannot be done and such person refuses to surrender such
material, the attorney general may file, in the trial court of general
jurisdiction of the county in which such person resides, is found, or
transacts business, and serve upon such person a petition for an order
of such court for the enforcement of this section, except that if such
person transacts business in more than one county such petition shall
be filed in the county in which such person maintains his or her
principal place of business, or in such other county as may be agreed
upon by the parties to such petition. Whenever any petition is filed
in the trial court of general jurisdiction of any county under this
section, such court shall have jurisdiction to hear and determine the
matter so presented and to enter such order or orders as may be
required to carry into effect the provisions of this section, and may
impose such sanctions as are provided for in the civil rules for
superior court with respect to discovery motions.
Sec. 558 RCW 19.100.050 and 1972 ex.s. c 116 s 4 are each amended
to read as follows:
The director may by rule or order require as a condition to the
effectiveness of the registration the escrow or impound of franchise
fees if he or she finds that such requirement is necessary and
appropriate to protect prospective franchisees. At any time after the
issuance of such rule or order under this section the franchisor may in
writing request the rule or order be rescinded. Upon receipt of such
a written request, the matter shall be set down for hearing to commence
within fifteen days after such receipt unless the person making the
request consents to a later date. After such hearing, which shall be
conducted in accordance with the provisions of the administrative
procedure act, chapter 34.05 RCW, the director shall determine whether
to affirm and to continue or to rescind such order and the director
shall have all powers granted under such act.
Sec. 559 RCW 19.100.120 and 1972 ex.s. c 116 s 8 are each amended
to read as follows:
The director may issue a stop order denying effectiveness to or
suspending or revoking the effectiveness of any registration statement
if he or she finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of
any earlier date in the case of an order denying effectiveness, is
incomplete in any material respect or contains any statement which was
in the light of the circumstances under which it was made false or
misleading with respect to any material fact;
(2) Any provision of this chapter or any rule or order or condition
lawfully imposed under this chapter has been violated in connection
with the offering by:
(a) The person filing the registration statement but only if such
person is directly or indirectly controlled by or acting for the
franchisor; or
(b) The franchisor, any partner, officer, or director of a
franchisor, or any person occupying a similar status or performing
similar functions or any person directly or indirectly controlling or
controlled by the franchisor.
(3) The franchise offering registered or sought to be registered is
the subject of a permanent or temporary injunction of any court of
competent jurisdiction entered under any federal or state act
applicable to the offering but the director may not:
(a) Institute a proceeding against an effective registration
statement under this clause more than one year from the date of the
injunctive relief thereon unless the injunction is thereafter violated;
and
(b) Enter an order under this clause on the basis of an injunction
entered under any other state act unless that order or injunction is
based on facts that currently constitute a ground for stop order under
this section;
(4) A franchisor's enterprise or method of business includes or
would include activities which are illegal where performed;
(5) The offering has worked or tended to work a fraud upon
purchasers or would so operate;
(6) The applicant has failed to comply with any rule or order of
the director issued pursuant to RCW 19.100.050.
(7) The applicant or registrant has failed to pay the proper
registration fee but the director may enter only a denial order under
this subsection and he or she shall vacate such order when the
deficiency has been corrected.
Sec. 560 RCW 19.100.130 and 1971 ex.s. c 252 s 13 are each
amended to read as follows:
Upon the entry of a stop order under any part of RCW 19.100.120,
the director shall promptly notify the applicant that the order has
been entered and that the reasons therefor and that within fifteen days
after receipt of a written request, the matter will be set down for
hearing. If no hearing is requested within fifteen days and none is
ordered by the director, the director shall enter his or her written
findings of fact and conclusions of law and the order will remain in
effect until it is modified or vacated by the director. If a hearing
is requested or ordered, the director after notice of an opportunity
for hearings to the issuer and to the applicant or registrant shall
enter his or her written findings of fact and conclusions of law and
may modify or vacate the order. The director may modify or vacate a
stop order if he or she finds that the conditions which prompted his or
her entry have changed or that it is otherwise in the public interest
to do so.
Sec. 561 RCW 19.100.160 and 1991 c 226 s 9 are each amended to
read as follows:
Any person who is engaged or hereafter engaged directly or
indirectly in the sale or offer to sell a franchise or a subfranchise
or in business dealings concerning a franchise, either in person or in
any other form of communication, shall be subject to the provisions of
this chapter, shall be amenable to the jurisdiction of the courts of
this state and shall be amenable to the service of process under RCW
4.28.180, 4.28.185, and 19.86.160. Every applicant for registration of
a franchise under this law (by other than a Washington corporation)
shall file with the director in such form as he or she by rule
prescribed, an irrevocable consent appointing the director or his or
her successor in office to be his or her attorney, to receive service
or any lawful process in any noncriminal suit, action, or proceeding
against him or her or his or her successors, executor, or administrator
which arises under this law or any rule or order hereunder after the
consent has been filed, with the same force and validity as if served
personally on the person filing consent. A person who has filed such
a consent in connection with a previous registration under this law
need not file another. Service may be made by leaving a copy of the
process in the office of the director but it is not as effective
unless:
(1) The plaintiff, who may be the director, in a suit, action, or
proceeding instituted by him or her forthwith sends notice of the
service and a copy of the process by registered or certified mail to
the defendant or respondent at his or her last address on file with the
director; and
(2) The plaintiff's affidavit of compliance with this section is
filed in the case on or before the return day of the process, if any,
or within such further times the court allows.
Sec. 562 RCW 19.100.180 and 1991 c 226 s 11 are each amended to
read as follows:
Without limiting the other provisions of this chapter, the
following specific rights and prohibitions shall govern the relation
between the franchisor or subfranchisor and the franchisees:
(1) The parties shall deal with each other in good faith.
(2) For the purposes of this chapter and without limiting its
general application, it shall be an unfair or deceptive act or practice
or an unfair method of competition and therefore unlawful and a
violation of this chapter for any person to:
(a) Restrict or inhibit the right of the franchisees to join an
association of franchisees.
(b) Require a franchisee to purchase or lease goods or services of
the franchisor or from approved sources of supply unless and to the
extent that the franchisor satisfies the burden of proving that such
restrictive purchasing agreements are reasonably necessary for a lawful
purpose justified on business grounds, and do not substantially affect
competition: PROVIDED, That this provision shall not apply to the
initial inventory of the franchise. In determining whether a
requirement to purchase or lease goods or services constitutes an
unfair or deceptive act or practice or an unfair method of competition
the courts shall be guided by the decisions of the courts of the United
States interpreting and applying the anti-trust laws of the United
States.
(c) Discriminate between franchisees in the charges offered or made
for royalties, goods, services, equipment, rentals, advertising
services, or in any other business dealing, unless and to the extent
that the franchisor satisfies the burden of proving that any
classification of or discrimination between franchisees is: (i)
Reasonable, (ii) based on franchises granted at materially different
times and such discrimination is reasonably related to such difference
in time, or is based on other proper and justifiable distinctions
considering the purposes of this chapter, and (iii) is not arbitrary.
However, nothing in (c) of this subsection precludes negotiation of the
terms and conditions of a franchise at the initiative of the
franchisees.
(d) Sell, rent, or offer to sell to a franchisee any product or
service for more than a fair and reasonable price.
(e) Obtain money, goods, services, anything of value, or any other
benefit from any other person with whom the franchisee does business on
account of such business unless such benefit is disclosed to the
franchisee.
(f) If the franchise provides that the franchisee has an exclusive
territory, which exclusive territory shall be specified in the
franchise agreement, for the franchisor or subfranchisor to compete
with the franchisee in an exclusive territory or to grant competitive
franchises in the exclusive territory area previously granted to
another franchisee.
(g) Require franchisee to assent to a release, assignment,
novation, or waiver which would relieve any person from liability
imposed by this chapter, except as otherwise permitted by RCW
19.100.220.
(h) Impose on a franchisee by contract, rule, or regulation,
whether written or oral, any standard of conduct unless the person so
doing can sustain the burden of proving such to be reasonable and
necessary.
(i) Refuse to renew a franchise without fairly compensating the
franchisee for the fair market value, at the time of expiration of the
franchise, of the franchisee's inventory, supplies, equipment, and
furnishings purchased from the franchisor, and good will, exclusive of
personalized materials which have no value to the franchisor, and
inventory, supplies, equipment, and furnishings not reasonably required
in the conduct of the franchise business: PROVIDED, That compensation
need not be made to a franchisee for good will if (i) the franchisee
has been given one year's notice of nonrenewal and (ii) the franchisor
agrees in writing not to enforce any covenant which restrains the
franchisee from competing with the franchisor: PROVIDED FURTHER, That
a franchisor may offset against amounts owed to a franchisee under this
subsection any amounts owed by such franchisee to the franchisor.
(j) Terminate a franchise prior to the expiration of its term
except for good cause. Good cause shall include, without limitation,
the failure of the franchisee to comply with lawful material provisions
of the franchise or other agreement between the franchisor and the
franchisee and to cure such default after being given written notice
thereof and a reasonable opportunity, which in no event need be more
than thirty days, to cure such default, or if such default cannot
reasonably be cured within thirty days, the failure of the franchisee
to initiate within thirty days substantial and continuing action to
cure such default: PROVIDED, That after three willful and material
breaches of the same term of the franchise agreement occurring within
a twelve-month period, for which the franchisee has been given notice
and an opportunity to cure as provided in this subsection, the
franchisor may terminate the agreement upon any subsequent willful and
material breach of the same term within the twelve-month period without
providing notice or opportunity to cure: PROVIDED FURTHER, That a
franchisor may terminate a franchise without giving prior notice or
opportunity to cure a default if the franchisee: (i) Is adjudicated a
bankrupt or insolvent; (ii) makes an assignment for the benefit of
creditors or similar disposition of the assets of the franchise
business; (iii) voluntarily abandons the franchise business; or (iv) is
convicted of or pleads guilty or no contest to a charge of violating
any law relating to the franchise business. Upon termination for good
cause, the franchisor shall purchase from the franchisee at a fair
market value at the time of termination, the franchisee's inventory and
supplies, exclusive of (i) personalized materials which have no value
to the franchisor; (ii) inventory and supplies not reasonably required
in the conduct of the franchise business; and (iii), if the franchisee
is to retain control of the premises of the franchise business, any
inventory and supplies not purchased from the franchisor or on his or
her express requirement: PROVIDED, That a franchisor may offset
against amounts owed to a franchisee under this subsection any amounts
owed by such franchisee to the franchisor.
Sec. 563 RCW 19.100.190 and 1972 ex.s. c 116 s 11 are each
amended to read as follows:
(1) The commission of any unfair or deceptive acts or practices or
unfair methods of competition prohibited by RCW 19.100.180 as now or
hereafter amended shall constitute an unfair or deceptive act or
practice under the provisions of chapter 19.86 RCW.
(2) Any person who sells or offers to sell a franchise in violation
of this chapter shall be liable to the franchisee or subfranchisor who
may sue at law or in equity for damages caused thereby for rescission
or other relief as the court may deem appropriate. In the case of a
violation of RCW 19.100.170 rescission is not available to the
plaintiff if the defendant proves that the plaintiff knew the facts
concerning the untruth or omission or that the defendant exercised
reasonable care and did not know or if he or she had exercised
reasonable care would not have known of the untruth or omission.
(3) The suit authorized under subsection (2) of this section may be
brought to recover the actual damages sustained by the plaintiff and
the court may in its discretion increase the award of damages to an
amount not to exceed three times the actual damages sustained:
PROVIDED, That the prevailing party may in the discretion of the court
recover the costs of said action including a reasonable attorneys' fee.
(4) Any person who becomes liable to make payments under this
section may recover contributions as in cases of contracts from any
persons who, if sued separately, would have been liable to make the
same payment.
(5) A final judgment, order, or decree heretofore or hereafter
rendered against a person in any civil, criminal, or administrative
proceedings under the United States anti-trust laws, under the federal
trade commission act, under the Washington state consumer protection
act, or this chapter shall be regarded as evidence against such persons
in any action brought by any party against such person under
subsections (1) and (2) of this section as to all matters which said
judgment or decree would be an estoppel between the parties thereto.
Sec. 564 RCW 19.100.230 and 1971 ex.s. c 252 s 23 are each
amended to read as follows:
The director may refer such evidence as may be available concerning
violations of this chapter or any rule or order hereunder to the
attorney general or the proper prosecuting attorney who may in his or
her discretion with or without such a reference institute the
appropriate criminal proceeding under this chapter.
Sec. 565 RCW 19.100.250 and 1972 ex.s. c 116 s 15 are each
amended to read as follows:
The director may from time to time make, amend, and rescind such
rules, forms, and orders as are necessary to carry out the provisions
of this chapter including rules and forms governing applications and
reports and defining any terms whether or not used in this chapter
insofar as the definitions are consistent with this chapter. The
director in his or her discretion may honor requests from interested
persons for interpretive opinions.
Sec. 566 RCW 19.105.490 and 1982 c 69 s 20 are each amended to
read as follows:
The director may refer such evidence as may be available concerning
violations of this chapter or of any rule or order under this chapter
to the attorney general or the proper prosecuting attorney who may in
his or her discretion, with or without such a reference, institute the
appropriate civil or criminal proceedings under this chapter.
Sec. 567 RCW 19.120.090 and 1986 c 320 s 10 are each amended to
read as follows:
(1) Any person who sells or offers to sell a motor fuel franchise
in violation of this chapter shall be liable to the motor fuel retailer
or motor fuel refiner-supplier who may sue at law or in equity for
damages caused thereby for rescission or other relief as the court may
deem appropriate. In the case of a violation of RCW 19.120.070
rescission is not available to the plaintiff if the defendant proves
that the plaintiff knew the facts concerning the untruth or omission or
that the defendant exercised reasonable care and did not know or if he
or she had exercised reasonable care would not have known of the
untruth or omission.
(2) The suit authorized under subsection (1) of this section may be
brought to recover the actual damages sustained by the plaintiff:
PROVIDED, That the prevailing party may in the discretion of the court
recover the costs of said action including a reasonable attorneys' fee.
(3) Any person who becomes liable to make payments under this
section may recover contributions as in cases of contracts from any
persons who, if sued separately, would have been liable to make the
same payment.
(4) A final judgment, order, or decree heretofore or hereafter
rendered against a person in any civil, criminal, or administrative
proceedings under the United States anti-trust laws, under the federal
trade commission act, or this chapter shall be regarded as evidence
against such persons in any action brought by any party against such
person under subsection (1) of this section as to all matters which
said judgment or decree would be an estoppel between the parties
thereto.
Sec. 568 RCW 20.01.010 and 2004 c 212 s 1 are each amended to
read as follows:
As used in this title the terms defined in this section have the
meanings indicated unless the context clearly requires otherwise.
(1) "Director" means the director of agriculture or a duly
authorized representative.
(2) "Person" means any natural person, firm, partnership, exchange,
association, trustee, receiver, corporation, and any member, officer,
or employee thereof or assignee for the benefit of creditors.
(3) "Agricultural product" means any unprocessed horticultural,
vermicultural and its by-products, viticultural, berry, poultry,
poultry product, grain, bee, or other agricultural products.
"Agricultural product" also includes (a) mint or mint oil processed by
or for the producer thereof, hay and straw baled or prepared for market
in any manner or form and livestock; and (b) agricultural seed, flower
seed, vegetable seed, other crop seed, and seeds, as defined in chapter
15.49 RCW, however, any disputes regarding responsibilities for seed
clean out are governed exclusively by contracts between the producers
of the seed and conditioners or processors of the seed.
(4) "Producer" means any person engaged in the business of growing
or producing any agricultural product, whether as the owner of the
products, or producing the products for others holding the title
thereof.
(5) "Consignor" means any producer, person, or his or her agent who
sells, ships, or delivers to any commission merchant, dealer, cash
buyer, or agent, any agricultural product for processing, handling,
sale, or resale.
(6) "Commission merchant" means any person who receives on
consignment for sale or processing and sale from the consignor thereof
any agricultural product for sale on commission on behalf of the
consignor, or who accepts any farm product in trust from the consignor
thereof for the purpose of resale, or who sells or offers for sale on
commission any agricultural product, or who in any way handles for the
account of or as an agent of the consignor thereof, any agricultural
product.
(7) "Dealer" means any person other than a cash buyer, as defined
in subsection (10) of this section, who solicits, contracts for, or
obtains from the consignor thereof for reselling or processing, title,
possession, or control of any agricultural product, or who buys or
agrees to buy any agricultural product from the consignor thereof for
sale or processing and includes any person, other than one who acts
solely as a producer, who retains title in an agricultural product and
delivers it to a producer for further production or increase. For the
purposes of this chapter, the term dealer includes any person who
purchases livestock on behalf of and for the account of another, or who
purchases cattle in another state or country and imports these cattle
into this state for resale.
(8) "Limited dealer" means any person who buys, agrees to buy, or
pays for the production or increase of any agricultural product by
paying to the consignor at the time of obtaining possession or control
of any agricultural product the full agreed price of the agricultural
product and who operates under the alternative bonding provision in RCW
20.01.211.
(9) "Broker" means any person other than a commission merchant,
dealer, or cash buyer who negotiates the purchase or sale of any
agricultural product, but no broker may handle the agricultural
products involved or proceeds of the sale.
(10) "Cash buyer" means any person other than a commission
merchant, dealer, or broker, who obtains from the consignor thereof for
the purpose of resale or processing, title, possession, or control of
any agricultural product or who contracts for the title, possession, or
control of any agricultural product, or who buys or agrees to buy for
resale any agricultural product by paying to the consignor at the time
of obtaining possession or control of any agricultural product the full
agreed price of the agricultural product, in coin or currency, lawful
money of the United States. However, a cashier's check, certified
check, credit card, or bankdraft may be used for the payment. For the
purposes of this subsection, "agricultural product," does not include
hay, grain, straw, or livestock.
(11) "Agent" means any person who, on behalf of any commission
merchant, dealer, broker, or cash buyer, acts as liaison between a
consignor and a principal, or receives, contracts for, or solicits any
agricultural product from the consignor thereof or who negotiates the
consignment or purchase of any agricultural product on behalf of any
commission merchant, dealer, broker, or cash buyer and who transacts
all or a portion of that business at any location other than at the
principal place of business of his or her employer. With the exception
of an agent for a commission merchant or dealer handling horticultural
products, an agent may operate only in the name of one principal and
only to the account of that principal.
(12) "Retail merchant" means any person operating from a bona fide
or established place of business selling agricultural products twelve
months of each year.
(13) "Fixed or established place of business" for the purpose of
this chapter means any permanent warehouse, building, or structure, at
which necessary and appropriate equipment and fixtures are maintained
for properly handling those agricultural products generally dealt in,
and at which supplies of the agricultural products being usually
transported are stored, offered for sale, sold, delivered, and
generally dealt with in quantities reasonably adequate for and usually
carried for the requirements of such a business, and that is recognized
as a permanent business at such place, and carried on as such in good
faith and not for the purpose of evading this chapter, and where
specifically designated personnel are available to handle transactions
concerning those agricultural products generally dealt in, which
personnel are available during designated and appropriate hours to that
business, and shall not mean a residence, barn, garage, tent, temporary
stand or other temporary quarters, any railway car, or permanent
quarters occupied pursuant to any temporary arrangement.
(14) "Processor" means any person, firm, company, or other
organization that purchases agricultural crops from a consignor and
that cans, freezes, dries, dehydrates, cooks, presses, powders, or
otherwise processes those crops in any manner whatsoever for eventual
resale.
(15) "Pooling contract" means any written agreement whereby a
consignor delivers a horticultural product to a commission merchant
under terms whereby the commission merchant may commingle the
consignor's horticultural products for sale with others similarly
agreeing, which must include all of the following:
(a) A delivery receipt for the consignor that indicates the variety
of horticultural product delivered, the number of containers, or the
weight and tare thereof;
(b) Horticultural products received for handling and sale in the
fresh market shall be accounted for to the consignor with individual
pack-out records that shall include variety, grade, size, and date of
delivery. Individual daily packing summaries shall be available within
forty-eight hours after packing occurs. However, platform inspection
shall be acceptable by mutual contract agreement on small deliveries to
determine variety, grade, size, and date of delivery;
(c) Terms under which the commission merchant may use his or her
judgment in regard to the sale of the pooled horticultural product;
(d) The charges to be paid by the consignor as filed with the state
of Washington;
(e) A provision that the consignor shall be paid for his or her
pool contribution when the pool is in the process of being marketed in
direct proportion, not less than eighty percent of his or her interest
less expenses directly incurred, prior liens, and other advances on the
grower's crop unless otherwise mutually agreed upon between grower and
commission merchant.
(16) "Date of sale" means the date agricultural products are
delivered to the person buying the products.
(17) "Conditioner" means any person, firm, company, or other
organization that receives seeds from a consignor for drying or
cleaning.
(18) "Seed bailment contract" means any contract meeting the
requirements of chapter 15.48 RCW.
(19) "Proprietary seed" means any seed that is protected under the
Federal Plant Variety Protection Act.
(20) "Licensed public weighmaster" means any person, licensed under
the provisions of chapter 15.80 RCW, who weighs, measures, or counts
any commodity or thing and issues therefor a signed certified
statement, ticket, or memorandum of weight, measure, or count upon
which the purchase or sale of any commodity or upon which the basic
charge of payment for services rendered is based.
(21) "Certified weight" means any signed certified statement or
memorandum of weight, measure or count issued by a licensed public
weighmaster in accordance with the provisions of chapter 15.80 RCW.
(22) "Licensee" means any person or business licensed under this
chapter as a commission merchant, dealer, limited dealer, broker, cash
buyer, or agent.
(23) "Seed" means agricultural seed, flower seed, vegetable seed,
other crop seed, and seeds, as defined in chapter 15.49 RCW.
(24) "Seed clean out" means the process of removing impurities from
raw seed product.
Sec. 569 RCW 20.01.020 and 1959 c 139 s 2 are each amended to
read as follows:
The director, but not his or her duly authorized representative,
may adopt such rules and regulations as are necessary to carry out the
purpose of this chapter. It shall be the duty of the director to
enforce and carry out the provisions of this chapter, rules and
regulations adopted hereunder. No person shall interfere with the
director when he or she is performing or carrying out duties imposed on
him or her by this chapter, rules and regulations adopted hereunder.
Sec. 570 RCW 20.01.030 and 1993 c 104 s 1 are each amended to
read as follows:
This chapter does not apply to:
(1) Any cooperative marketing associations or federations
incorporated under, or whose articles of incorporation and bylaws are
equivalent to, the requirements of chapter 23.86 RCW, except as to that
portion of the activities of the association or federation that involve
the handling or dealing in the agricultural products of nonmembers of
the organization: PROVIDED, That the associations or federations may
purchase up to fifteen percent of their gross from nonmembers for the
purpose of filling orders: PROVIDED FURTHER, That if the cooperative
or association acts as a processor as defined in RCW 20.01.500(2) and
markets the processed agricultural crops on behalf of the grower or its
own behalf, the association or federation is subject to the provisions
of RCW 20.01.500 through 20.01.560 and the license provision of this
chapter excluding bonding provisions: PROVIDED FURTHER, That none of
the foregoing exemptions in this subsection apply to any such
cooperative or federation dealing in or handling grain in any manner,
and not licensed under the provisions of chapter 22.09 RCW;
(2) Any person who sells exclusively his or her own agricultural
products as the producer thereof;
(3) Any public livestock market operating under a bond required by
law or a bond required by the United States to secure the performance
of the public livestock market's obligation. However, any such market
operating as a livestock dealer or order buyer, or both, is subject to
all provisions of this chapter except for the payment of the license
fee required in RCW 20.01.040;
(4) Any retail merchant having a bona fide fixed or permanent place
of business in this state, but only for the retail merchant's retail
business conducted at such fixed or established place of business;
(5) Any person buying farm products for his or her own use or
consumption;
(6) Any ((warehouseman)) warehouse operator or grain dealer
licensed under the state grain warehouse act, chapter 22.09 RCW, with
respect to his or her handling of any agricultural product as defined
under that chapter;
(7) Any nurseryman who is required to be licensed under the
horticultural laws of the state with respect to his or her operations
as such licensee;
(8) Any person licensed under the now existing dairy laws of the
state with respect to his or her operations as such licensee;
(9) Any producer who purchases less than fifteen percent of his or
her volume to complete orders;
(10) Any person, association, or corporation regulated under
chapter 67.16 RCW and the rules adopted thereunder while performing
acts regulated by that chapter and the rules adopted thereunder;
(11) Any domestic winery, as defined in RCW 66.04.010, licensed
under Title 66 RCW, with respect to its transactions involving
agricultural products used by the domestic winery in making wine.
Sec. 571 RCW 20.01.100 and 1959 c 139 s 10 are each amended to
read as follows:
The director, upon his or her satisfaction that the applicant has
met the requirements of this chapter and rules and regulations adopted
hereunder, shall issue a license entitling the applicant to carry on
the business described on the application. Such license shall expire
on December 31st following the issuance of the license, provided that
it has not been revoked or suspended prior thereto, by the director,
after due notice and hearing. Fraud and misrepresentation in making an
application for a license shall be cause for refusal to grant a license
or revocation of license granted pursuant to a fraudulent application
after due notice and hearing.
Sec. 572 RCW 20.01.110 and 1959 c 139 s 11 are each amended to
read as follows:
The director may publish a list, as often as he or she deems
necessary, of all persons licensed under this chapter together with all
the necessary rules and regulations concerning the enforcement of this
chapter. Each person licensed under (([the])) the provisions of this
chapter shall post his or her license or a copy thereof in his or her
place or places of business in plain view of the public.
Sec. 573 RCW 20.01.120 and 1959 c 139 s 12 are each amended to
read as follows:
The licensee shall prominently display license plates issued by the
director on the front and back of any vehicle used by the licensee to
transport upon public highways unprocessed agricultural products which
he or she has not produced as a producer of such agricultural products.
If the licensee operates more than one vehicle to transport unprocessed
agricultural products on public highways he or she shall apply to the
director for license plates for each such additional vehicle. Such
additional license plates shall be issued to the licensee at the actual
cost to the department for such license plates and necessary handling
charges. Such license plates are not transferable to any other person
and may be used only on the licensee's vehicle or vehicles. The
display of such license plates on the vehicle or vehicles of a person
whose license has been revoked, or the failure to surrender such
license plates forthwith to the department after such revocation, shall
be deemed a violation of this chapter.
Sec. 574 RCW 20.01.150 and 1959 c 139 s 15 are each amended to
read as follows:
The director is authorized to deny, suspend, or revoke a license or
issue conditional or probationary orders in the manner prescribed
herein, in any case in which he or she finds that there has been a
failure and/or refusal to comply with the requirements of this chapter,
rules or regulations adopted hereunder.
Sec. 575 RCW 20.01.170 and 1963 c 232 s 2 are each amended to
read as follows:
The director may issue subpoenas to compel the attendance of
witnesses, and/or the production of books or documents, anywhere in the
state. The licensee or applicant shall have opportunity to make his or
her defense, and may have such subpoenas issued as he or she desires.
Subpoenas shall be served in the same manner as in civil cases in the
superior court. Witnesses shall testify under oath which may be
administered by the director. Testimony shall be recorded and may be
taken by deposition under such rules as the director may prescribe.
Witnesses, except complaining witnesses, shall be entitled to fees for
attendance and travel, as provided for in chapter 2.40 RCW, as enacted
or hereafter amended.
Sec. 576 RCW 20.01.180 and 1959 c 139 s 18 are each amended to
read as follows:
The director shall hear and determine the charges, make findings
and conclusions upon the evidence produced, and file them in his or her
office, together with a record of all of the evidence, and serve upon
the accused a copy of such findings and conclusions.
Sec. 577 RCW 20.01.190 and 1959 c 139 s 19 are each amended to
read as follows:
The revocation, suspension or denial of a license, or the issuance
of conditional or probationary orders, shall be in writing signed by
the director, stating the grounds upon which such order is based and
the aggrieved person shall have the right to appeal from such order
within fifteen days after a copy thereof is served upon him or her, to
the superior court of Thurston county or the county in which the
hearing was held. A copy of such findings shall be mailed to the
licensee's surety. In such appeal the entire record shall be certified
by the director to the court, and the review on appeal shall be
confined to the evidence adduced at the hearing before the director.
Sec. 578 RCW 20.01.212 and 1991 c 109 s 19 are each amended to
read as follows:
If an applicant for a commission merchant's and/or dealer's license
is bonded as a livestock dealer or packer under the provisions of the
packers and stockyards act of 1921 (7 U.S.C. 181), as amended, on June
13, 1963, and acts as a commission merchant, packer, and/or a dealer
only in livestock as defined in said packers and stockyards act of 1921
(7 U.S.C. 181), the director may accept such bond in lieu of the bond
required in RCW 20.01.210 as good and sufficient and issue the
applicant a license limited solely to dealing in livestock. A dealer
buying and selling livestock who has furnished a bond as required by
the packers and stockyards administration to cover acting as order
buyer as well as dealer may also act as an order buyer for others under
the provisions of this chapter, and all persons who act as order buyers
of livestock shall license under this chapter as a livestock dealer:
PROVIDED, That the applicant shall furnish the director with a bond
approved by the United States secretary of agriculture. Such bond
shall be in a minimum amount of ten thousand dollars. It shall be a
violation for the licensee to act as a commission merchant and/or
dealer in any other agricultural commodity without first having
notified the director and furnishing him or her with a bond as required
under the provisions of RCW 20.01.210, and failure to furnish the
director with such bond shall be cause for the immediate suspension of
the licensee's license, and revocation subject to a hearing.
Sec. 579 RCW 20.01.240 and 2003 c 395 s 5 are each amended to
read as follows:
(1) Any consignor who believes he or she has a valid claim against
the bond of a commission merchant or dealer shall file a claim with the
director.
(2) In the case of a claim against the bond of a commission
merchant or dealer in hay or straw, default occurs when the licensee
fails to make payment within thirty days of the date the licensee took
possession of the hay or straw or at a date agreed to by both the
consignor and commission merchant or dealer in written contract. In
the case of a claim against a limited dealer in hay or straw, default
occurs when the licensee fails to make payment upon taking possession
of the hay or straw.
(3) Upon the filing of a claim under this subsection against any
commission merchant or dealer handling any agricultural product, the
director may, after investigation, proceed to ascertain the names and
addresses of all consignor creditors of such commission merchant and
dealer, together with the amounts due and owing to them by such
commission merchant and dealer, and shall request all such consignor
creditors to file a verified statement of their respective claims with
the director. Such request shall be addressed to each known consignor
creditor at his or her last known address.
(4) For claims against a bond that have been filed by consignors
prior to the sixty-day deadline established in RCW 20.01.250, the
director shall investigate the claims and, within thirty days of
verifying the claims, demand payment for the valid claims by the
licensee's surety. The director shall distribute the proceeds of the
valid bond claims to the claimants on a pro rata basis within the
limits of the claims and the availability of the bond proceeds. If a
claim is filed after the sixty-day deadline established in RCW
20.01.250, the director may investigate the claim and may demand
payment for a valid claim. The director shall distribute the proceeds
of any such payment made by the surety to the claimant on a first-to-file, first-to-be-paid basis within the limits of the claim and the
availability of any bond proceeds remaining after the pro rata
distribution. All distributions made by the director under this
subsection are subject to RCW 20.01.260.
Sec. 580 RCW 20.01.250 and 1959 c 139 s 25 are each amended to
read as follows:
If a consignor creditor so addressed fails, refuses or neglects to
file in the office of the director his or her verified claim as
requested by the director within sixty days from the date of such
request, the director shall thereupon be relieved of further duty or
action hereunder on behalf of said consignor creditor.
Sec. 581 RCW 20.01.260 and 1959 c 139 s 26 are each amended to
read as follows:
Where by reason of the absence of records, or other circumstances
making it impossible or unreasonable for the director to ascertain the
names and addresses of all said consignor creditors, the director after
exerting due diligence and making reasonable inquiry to secure said
information from all reasonable and available sources, may make demand
on said bond on the basis of information then in his or her possession,
and thereafter shall not be liable or responsible for claims or the
handling of claims which may subsequently appear or be discovered.
Sec. 582 RCW 20.01.280 and 1959 c 139 s 28 are each amended to
read as follows:
Upon the refusal of the surety company to pay the demand the
director may thereupon bring an action on the bond in behalf of said
consignor creditors. Upon any action being commenced on said bond the
director may require the filing of a new bond and immediately upon the
recovery in any action on such bond such commission merchant and/or
dealer shall file a new bond and upon failure to file the same within
ten days in either case such failure shall constitute grounds for the
suspension or revocation of his or her license.
Sec. 583 RCW 20.01.310 and 1959 c 139 s 31 are each amended to
read as follows:
The director or his or her authorized agents are empowered to
administer oaths of verification on said complaints. He or she shall
have full authority to administer oaths and take testimony thereunder,
to issue subpoenas in the manner prescribed in RCW 20.01.170 requiring
attendance of witnesses before him or her, together with all books,
memoranda, papers, and other documents, articles, or instruments; to
compel the disclosure by such witnesses of all facts known to them
relative to the matters under investigation, and all parties disobeying
the orders or subpoenas of said director shall be guilty of contempt
and shall be certified to the superior court of the state for
punishment for such contempt. Copies of records, audits and reports of
audits, inspection certificates, certified reports, findings, and all
papers on file in the office of the director shall be prima facie
evidence of the matters therein contained, and may be admitted into
evidence in any hearing provided in this chapter.
Sec. 584 RCW 20.01.330 and 1989 c 354 s 40 are each amended to
read as follows:
The director may refuse to grant a license or renew a license and
may revoke or suspend a license or issue a conditional or probationary
order if he or she is satisfied after a hearing, as herein provided, of
the existence of any of the following facts, which are hereby declared
to be a violation of this chapter:
(1) That fraudulent charges or returns have been made by the
applicant, or licensee, for the handling, sale or storage of, or for
rendering of any service in connection with the handling, sale or
storage of any agricultural product.
(2) That the applicant, or licensee, has failed or refused to
render a true account of sales, or to make a settlement thereon, or to
pay for agricultural products received, within the time and in the
manner required by this chapter.
(3) That the applicant, or licensee, has made any false statement
as to the condition, quality, or quantity of agricultural products
received, handled, sold, or stored by him or her.
(4) That the applicant, or licensee, directly or indirectly has
purchased for his or her own account agricultural products received by
him or her upon consignment without prior authority from the consignor
together with the price fixed by consignor or without promptly
notifying the consignor of such purchase. This shall not prevent any
commission merchant from taking to account of sales, in order to close
the day's business, miscellaneous lots or parcels of agricultural
products remaining unsold, if such commission merchant shall forthwith
enter such transaction on his or her account of sales.
(5) That the applicant, or licensee, has intentionally made any
false or misleading statement as to the conditions of the market for
any agricultural products.
(6) That the applicant, or licensee, has made fictitious sales or
has been guilty of collusion to defraud the consignor.
(7) That a commission merchant to whom any consignment is made has
reconsigned such consignment to another commission merchant and has
received, collected, or charged by such means more than one commission
for making the sale thereof, for the consignor, unless by written
consent of such consignor.
(8) That the licensee was guilty of fraud or deception in the
procurement of such license.
(9) That the licensee or applicant has failed or refused to file
with the director a schedule of his or her charges for services in
connection with agricultural products handled on account of or as an
agent of another, or that the applicant, or licensee, has indulged in
any unfair practice.
(10) That the licensee has rejected, without reasonable cause, or
has failed or refused to accept, without reasonable cause, any
agricultural product bought or contracted to be bought from a consignor
by such licensee; or failed or refused, without reasonable cause, to
furnish or provide boxes or other containers, or hauling, harvesting,
or any other service contracted to be done by licensee in connection
with the acceptance, harvesting, or other handling of said agricultural
products bought or handled or contracted to be bought or handled; or
has used any other device to avoid acceptance or unreasonably to defer
acceptance of agricultural products bought or handled or contracted to
be bought or handled.
(11) That the licensee has otherwise violated any provision of this
chapter and/or rules and regulations adopted hereunder.
(12) That the licensee has knowingly employed an agent, as defined
in this chapter, without causing said agent to comply with the
licensing requirements of this chapter applicable to agents.
(13) That the applicant or licensee has, in the handling of any
agricultural products, been guilty of fraud, deceit, or negligence.
(14) That the licensee has failed or refused, upon demand, to
permit the director or his or her agents to make the investigations,
examination, or audits, as provided in this chapter, or that the
licensee has removed or sequestered any books, records, or papers
necessary to any such investigations, examination, or audits, or has
otherwise obstructed the same.
(15) That the licensee, without reasonable cause, has failed or
refused to execute or carry out a lawful contract with a consignor.
(16) That the licensee has failed or refused to keep and maintain
the records as required by this chapter and/or rules and regulations
adopted hereunder.
(17) That the licensee has attempted payment by a check the
licensee knows not to be backed by sufficient funds to cover such
check.
(18) That the licensee has been guilty of fraud or deception in his
or her dealings with purchasers including misrepresentation of goods as
to grade, quality, weights, quantity, or any other essential fact in
connection therewith.
(19) That the licensee has permitted a person to in fact operate
his or her own separate business under cover of the licensee's license
and bond.
(20) That a commission merchant or dealer has failed to furnish
additional bond coverage within fifteen days of when it was requested
in writing by the director.
(21) That the licensee has discriminated in the licensee's dealings
with consignors on the basis of race, creed, color, national origin,
sex, or the presence of any sensory, mental, or physical handicap.
Sec. 585 RCW 20.01.340 and 1959 c 139 s 34 are each amended to
read as follows:
Previous violation by the applicant or licensee, or by any person
connected with him or her, of any of the provisions of this chapter
and/or rules and regulations adopted hereunder, shall be good and
sufficient ground for denial, suspension or revocation of a license, or
the issuance of a conditional or probationary order.
Sec. 586 RCW 20.01.350 and 1959 c 139 s 35 are each amended to
read as follows:
The director, after hearing or investigation, may refuse to grant
a license or renewal thereof and may revoke or suspend any license or
issue a conditional or probationary order, as the case may require,
when he or she is satisfied that the licensee has executory or executed
contracts for the purchase of agricultural products, or for the
handling of agricultural products on consignment.
In such cases, if the director is satisfied that to permit the
dealer or commission merchant to continue to purchase or to receive
further shipments or deliveries of agricultural products would be
likely to cause serious and irreparable loss to said consignor-creditors, or to consignors with whom the said dealer or commission
merchant has said contracts, then the director within his or her
discretion may thereupon and forthwith shorten the time herein provided
for hearing upon an order to show cause why the license of said dealer
or commission merchant should not be forthwith suspended, or revoked:
PROVIDED, That the time of notice of said hearing, shall in no event be
less than twenty-four hours, and the director shall, within that
period, call a hearing at which the dealer or commission merchant
proceeded against shall be ordered to show cause why the license should
not be suspended, or revoked, or continued under such conditions and
provisions, if any, as the director may consider just and proper and
for the protection of the best interests of the producer-creditors
involved. Said hearing, in the case of such emergency, may be called
upon written notice, said notice to be served personally or by mail on
the dealer or commission merchant involved, and may be held at the
nearest office of the director or at such place as may be most
convenient at the discretion of the director, for the attendance of all
parties involved.
Sec. 587 RCW 20.01.390 and 1982 c 20 s 2 are each amended to read
as follows:
(1) Every dealer must pay for agricultural products, except
livestock, delivered to him or her at the time and in the manner
specified in the contract with the producer, but if no time is set by
such contract, or at the time of said delivery, then within thirty days
from the delivery or taking possession of such agricultural products.
(2) Every dealer must pay for livestock delivered to him or her at
the time and in the manner specified in the contract, but if no time is
set by such contract, or at the time of said delivery, then within
seven days from the delivery or taking possession of such livestock.
Where payment for livestock is made by mail, payment is timely if
mailed within seven days of the date of sale.
Sec. 588 RCW 20.01.440 and 1991 c 109 s 23 are each amended to
read as follows:
Every commission merchant shall retain a copy of all records
covering each transaction for a period of three years from the date
thereof, which copy shall at all times be available for, and open to,
the confidential inspection of the director and the consignor, or
authorized representative of either. In the event of any dispute or
disagreement between a consignor and a commission merchant arising at
the time of delivery as to condition, quality, grade, pack, quantity,
or weight of any lot, shipment, or consignment of agricultural
products, the department shall furnish, upon the payment of a
reasonable fee therefor by the requesting party, a certificate
establishing the condition, quality, grade, pack, quantity, or weight
of such lot, shipment, or consignment. Such certificate shall be prima
facie evidence in all courts of this state as to the recitals thereof.
The burden of proof shall be upon the commission merchant to prove the
correctness of his or her accounting as to any transaction which may be
questioned.
Sec. 589 RCW 20.01.510 and 1971 ex.s. c 182 s 16 are each amended
to read as follows:
In order to carry out the purposes of this 1971 amendatory act, the
director may require a processor to annually complete a form prescribed
by the director, which, when completed, will show the maximum
processing capacity of each plant operated by the processor in the
state of Washington. Such completed form shall be returned to the
director by a date prescribed by him or her.
Sec. 590 RCW 20.01.520 and 1971 ex.s. c 182 s 17 are each amended
to read as follows:
By a date or dates prescribed prior to planting time by the
director, the director, in order to carry out the purposes of this 1971
amendatory act, may require a processor to have filed with him or her:
(1) A copy of each contract he or she has entered into with a
grower for the purchase of acres of crops and/or quantity of crops to
be harvested during the present or next growing season; and
(2) A notice of each oral commitment he or she has given to growers
for the purchase of acres of crops and/or quantity of crops to be
harvested during the present or next growing season, and such notice
shall disclose the amount of acres and/or quantity to which the
processor has committed himself or herself.
Sec. 591 RCW 20.01.530 and 1971 ex.s. c 182 s 18 are each amended
to read as follows:
Any grower may file with the director on a form prescribed by him
or her the acres of crops and/or quantity of crops to be harvested
during the present or next growing season, which he or she understands
a processor has orally committed himself or herself to purchase.
Sec. 592 RCW 20.01.540 and 1971 ex.s. c 182 s 19 are each amended
to read as follows:
Any processor who, from the information filed with the director,
appears to or has committed himself or herself either orally or in
writing to purchase more crops than his or her plants are capable of
processing shall be in violation of this chapter and his or her
dealer's license subject to denial, suspension, or revocation as
provided for in RCW 20.01.330.
Sec. 593 RCW 20.01.550 and 1977 ex.s. c 304 s 15 are each amended
to read as follows:
Any processor who discriminates between growers with whom he or she
contracts as to price, conditions for production, harvesting, and
delivery of crops which is not supportable by economic cost factors
shall be in violation of this chapter and the director may subsequent
to a hearing deny, suspend, or revoke such processor's license to act
as a dealer.
Sec. 594 RCW 21.20.005 and 2002 c 65 s 1 are each amended to read
as follows:
The definitions set forth in this section shall apply throughout
this chapter, unless the context otherwise requires:
(1) "Director" means the director of financial institutions of this
state.
(2) "Salesperson" means any individual other than a broker-dealer
who represents a broker-dealer or issuer in effecting or attempting to
effect sales of securities. "Salesperson" does not include an
individual who represents an issuer in (a) effecting a transaction in
a security exempted by RCW 21.20.310 (1), (2), (3), (4), (9), (10),
(11), (12), or (13), (b) effecting transactions exempted by RCW
21.20.320 unless otherwise expressly required by the terms of the
exemption, or (c) effecting transactions with existing employees,
partners, or directors of the issuer if no commission or other
remuneration is paid or given directly or indirectly for soliciting any
person in this state.
(3) "Broker-dealer" means any person engaged in the business of
effecting transactions in securities for the account of others or for
that person's own account. "Broker-dealer" does not include (a) a
salesperson, issuer, bank, savings institution, or trust company, (b)
a person who has no place of business in this state if the person
effects transactions in this state exclusively with or through the
issuers of the securities involved in the transactions, other broker-dealers, or banks, savings institutions, trust companies, insurance
companies, investment companies as defined in the investment company
act of 1940, pension or profit-sharing trusts, or other financial
institutions or institutional buyers, whether acting for themselves or
as trustees, or (c) a person who has no place of business in this state
if during any period of twelve consecutive months that person does not
direct more than fifteen offers to sell or to buy into or make more
than five sales in this state in any manner to persons other than those
specified in (b) of this subsection.
(4) "Guaranteed" means guaranteed as to payment of principal,
interest, or dividends.
(5) "Full business day" means all calendar days, excluding
therefrom Saturdays, Sundays, and all legal holidays, as defined by
statute.
(6) "Investment adviser" means any person who, for compensation,
engages in the business of advising others, either directly or through
publications or writings, as to the value of securities or as to the
advisability of investing in, purchasing, or selling securities, or
who, for compensation and as a part of a regular business, issues or
promulgates analyses or reports concerning securities. "Investment
adviser" also includes financial planners and other persons who, as an
integral component of other financially related services, (a) provide
the foregoing investment advisory services to others for compensation
as part of a business or (b) hold themselves out as providing the
foregoing investment advisory services to others for compensation.
Investment adviser shall also include any person who holds himself or
herself out as a financial planner.
"Investment adviser" does not include (a) a bank, savings
institution, or trust company, (b) a lawyer, accountant, certified
public accountant licensed under chapter 18.04 RCW, engineer, or
teacher whose performance of these services is solely incidental to the
practice of his or her profession, (c) a broker-dealer or its
salesperson whose performance of these services is solely incidental to
the conduct of its business as a broker-dealer and who receives no
special compensation for them, (d) a publisher of any bona fide
newspaper, news magazine, news column, newsletter, or business or
financial publication or service, whether communicated in hard copy
form, by electronic means, or otherwise, that does not consist of the
rendering of advice on the basis of the specific investment situation
of each client, (e) a radio or television station, (f) a person whose
advice, analyses, or reports relate only to securities exempted by RCW
21.20.310(1), (g) an investment adviser representative, or (h) such
other persons not within the intent of this paragraph as the director
may by rule or order designate.
(7) "Issuer" means any person who issues or proposes to issue any
security, except that with respect to certificates of deposit, voting
trust certificates, or collateral-trust certificates, or with respect
to certificates of interest or shares in an unincorporated investment
trust not having a board of directors (or persons performing similar
functions) or of the fixed, restricted management, or unit type; the
term "issuer" means the person or persons performing the acts and
assuming the duties of depositor or manager pursuant to the provisions
of the trust or other agreement or instrument under which the security
is issued.
(8) "Nonissuer" means not directly or indirectly for the benefit of
the issuer.
(9) "Person" means an individual, a corporation, a partnership, a
limited liability company, a limited liability partnership, an
association, a joint-stock company, a trust where the interest of the
beneficiaries are evidenced by a security, an unincorporated
organization, a government, or a political subdivision of a government.
(10) "Sale" or "sell" includes every contract of sale of, contract
to sell, or disposition of, a security or interest in a security for
value. "Offer" or "offer to sell" includes every attempt or offer to
dispose of, or solicitation of an offer to buy, a security or interest
in a security for value.
Any security given or delivered with, or as a bonus on account of,
any purchase of securities or any other thing is considered to
constitute part of the subject of the purchase and to have been offered
and sold for value. A purported gift of assessable stock is considered
to involve an offer and sale. Every sale or offer of a warrant or
right to purchase or subscribe to another security of the same or
another issuer, as well as every sale or offer of a security which
gives the holder a present or future right or privilege to convert into
another security of the same or another issuer, is considered to
include an offer of the other security.
(11) "Securities act of 1933," "securities exchange act of 1934,"
"public utility holding company act of 1935," "investment company act
of 1940," and "investment advisers act of 1940" means the federal
statutes of those names as amended before or after June 10, 1959.
(12)(a) "Security" means any note; stock; treasury stock; bond;
debenture; evidence of indebtedness; certificate of interest or
participation in any profit-sharing agreement; collateral-trust
certificate; preorganization certificate or subscription; transferable
share; investment contract; investment of money or other consideration
in the risk capital of a venture with the expectation of some valuable
benefit to the investor where the investor does not receive the right
to exercise practical and actual control over the managerial decisions
of the venture; voting-trust certificate; certificate of deposit for a
security; fractional undivided interest in an oil, gas, or mineral
lease or in payments out of production under a lease, right, or
royalty; charitable gift annuity; any put, call, straddle, option, or
privilege on any security, certificate of deposit, or group or index of
securities, including any interest therein or based on the value
thereof; or any put, call, straddle, option, or privilege entered into
on a national securities exchange relating to foreign currency; or, in
general, any interest or instrument commonly known as a "security," or
any certificate of interest or participation in, temporary or interim
certificate for, receipt for, guarantee of, or warrant or right to
subscribe to or purchase, any security under this subsection. This
subsection applies whether or not the security is evidenced by a
written document.
(b) "Security" does not include: (i) Any insurance or endowment
policy or annuity contract under which an insurance company promises to
pay a fixed sum of money either in a lump sum or periodically for life
or some other specified period; or (ii) an interest in a contributory
or noncontributory pension or welfare plan subject to the employee
retirement income security act of 1974.
(13) "State" means any state, territory, or possession of the
United States, as well as the District of Columbia and Puerto Rico.
(14) "Investment adviser representative" means any partner,
officer, director, or a person occupying similar status or performing
similar functions, or other individual, who is employed by or
associated with an investment adviser, and who does any of the
following:
(a) Makes any recommendations or otherwise renders advice regarding
securities;
(b) Manages accounts or portfolios of clients;
(c) Determines which recommendation or advice regarding securities
should be given;
(d) Solicits, offers, or negotiates for the sale of or sells
investment advisory services; or
(e) Supervises employees who perform any of the functions under (a)
through (d) of this subsection.
(15) "Relatives," as used in RCW 21.20.310(11) includes:
(a) A member's spouse;
(b) Parents of the member or the member's spouse;
(c) Grandparents of the member or the member's spouse;
(d) Natural or adopted children of the member or the member's
spouse;
(e) Aunts and uncles of the member or the member's spouse; and
(f) First cousins of the member or the member's spouse.
(16) "Customer" means a person other than a broker-dealer or
investment adviser.
(17) "Federal covered security" means any security defined as a
covered security in the securities act of 1933.
(18) "Federal covered adviser" means any person registered as an
investment adviser under section 203 of the investment advisers act of
1940.
Sec. 595 RCW 21.20.050 and 1998 c 15 s 4 are each amended to read
as follows:
(1) A broker-dealer, salesperson, investment adviser, or investment
adviser representative may apply for registration by filing with the
director or his or her authorized agent an application together with a
consent to service of process in such form as the director shall
prescribe and payment of the fee prescribed in RCW 21.20.340.
(2) A federal covered adviser shall file such documents as the
director may, by rule or otherwise, require together with a consent to
service of process and the payment of the fee prescribed in RCW
21.20.340.
Sec. 596 RCW 21.20.520 and 1979 ex.s. c 68 s 37 are each amended
to read as follows:
Upon request and at such reasonable charges as the director
prescribes, the director shall furnish to any person photostatic or
other copies (certified under his or her seal of office if requested)
of any entry in the register or any document which is a matter of
public record. In any proceeding or prosecution under this chapter,
any copy so certified is prima facie evidence of the contents of the
entry or document certified.
Sec. 597 RCW 21.30.090 and 1986 c 14 s 9 are each amended to read
as follows:
(1) For the purpose of RCW 21.30.080, an offer to sell or to buy is
not made in this state when the publisher circulates or there is
circulated on his or her behalf in this state in any bona fide
newspaper or other publication of general, regular, and paid
circulation, which is not published in this state, an offer to sell or
to buy that is reasonably calculated to solicit only persons outside
this state and not to solicit persons in this state.
(2) For the purpose of RCW 21.30.080, an offer to sell or to buy is
not made in this state when a radio or television program or other
electronic communication originating outside this state is received in
this state and the offer to sell or to buy is reasonably calculated to
solicit only persons outside this state and not to solicit persons in
this state.
Sec. 598 RCW 22.09.011 and 1994 c 46 s 3 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Department" means the department of agriculture of the state
of Washington.
(2) "Director" means the director of the department or his or her
duly authorized representative.
(3) "Person" means a natural person, individual, firm, partnership,
corporation, company, society, association, cooperative, two or more
persons having a joint or common interest, or any unit or agency of
local, state, or federal government.
(4) "Agricultural commodities," or "commodities," means: (a)
Grains for which inspection standards have been established under the
United States grain standards act; (b) pulses and similar commodities
for which inspection standards have been established under the
agricultural marketing act of 1946; and (c) other similar agricultural
products for which inspection standards have been established or which
have been otherwise designated by the department by rule for inspection
services or the warehousing requirements of this chapter.
(5) "Warehouse," also referred to as a public warehouse, means any
elevator, mill, subterminal grain warehouse, terminal warehouse,
country warehouse, or other structure or enclosure located in this
state that is used or useable for the storage of agricultural products,
and in which commodities are received from the public for storage,
handling, conditioning, or shipment for compensation. The term does
not include any warehouse storing or handling fresh fruits and/
(6) "Terminal warehouse" means any warehouse designated as a
terminal by the department, and located at an inspection point where
inspection facilities are maintained by the department and where
commodities are ordinarily received and shipped by common carrier.
(7) "Subterminal warehouse" means any warehouse that performs an
intermediate function in which agricultural commodities are customarily
received from dealers rather than producers and where the commodities
are accumulated before shipment to a terminal warehouse.
(8) "Station" means two or more warehouses between which
commodities are commonly transferred in the ordinary course of business
and that are (a) immediately adjacent to each other, or (b) located
within the corporate limits of any city or town and subject to the same
transportation tariff zone, or (c) at any railroad siding or switching
area and subject to the same transportation tariff zone, or (d) at one
location in the open country off rail, or (e) in any area that can be
reasonably audited by the department as a station under this chapter
and that has been established as such by the director by rule adopted
under chapter 34.05 RCW, or (f) within twenty miles of each other but
separated by the border between Washington and Idaho or Oregon when the
books and records for the station are maintained at the warehouse
located in Washington.
(9) "Inspection point" means a city, town, or other place wherein
the department maintains inspection and weighing facilities.
(10) (("Warehouseman")) "Warehouse operator" means any person
owning, operating, or controlling a warehouse in the state of
Washington.
(11) "Depositor" means (a) any person who deposits a commodity with
a Washington state licensed ((warehouseman)) warehouse operator for
storage, handling, conditioning, or shipment, or (b) any person who is
the owner or legal holder of a warehouse receipt, outstanding scale
weight ticket, or other evidence of the deposit of a commodity with a
Washington state licensed ((warehouseman)) warehouse operator or (c)
any producer whose agricultural commodity has been sold to a grain
dealer through the dealer's place of business located in the state of
Washington, or any Washington producer whose agricultural commodity has
been sold to or is under the control of a grain dealer, whose place of
business is located outside the state of Washington.
(12) "Historical depositor" means any person who in the normal
course of business operations has consistently made deposits in the
same warehouse of commodities produced on the same land. In addition
the purchaser, lessee, and/
(13) "Grain dealer" means any person who, through his or her place
of business located in the state of Washington, solicits, contracts
for, or obtains from a producer, title, possession, or control of any
agricultural commodity for purposes of resale, or any person who
solicits, contracts for, or obtains from a Washington producer, title,
possession, or control of any agricultural commodity for purposes of
resale.
(14) "Producer" means any person who is the owner, tenant, or
operator of land who has an interest in and is entitled to receive all
or any part of the proceeds from the sale of a commodity produced on
that land.
(15) "Warehouse receipt" means a negotiable or nonnegotiable
warehouse receipt as provided for in Article 7 of Title 62A RCW.
(16) "Scale weight ticket" means a load slip or other evidence of
deposit, serially numbered, not including warehouse receipts as defined
in subsection (15) of this section, given a depositor on request upon
initial delivery of the commodity to the warehouse and showing the
warehouse's name and state number, type of commodity, weight thereof,
name of depositor, and the date delivered.
(17) "Put through" means agricultural commodities that are
deposited in a warehouse for receiving, handling, conditioning, or
shipping, and on which the depositor has concluded satisfactory
arrangements with the ((warehouseman)) warehouse operator for the
immediate or impending shipment of the commodity.
(18) "Conditioning" means, but is not limited to, the drying or
cleaning of agricultural commodities.
(19) "Deferred price contract" means a contract for the sale of
commodities that conveys the title and all rights of ownership to the
commodities represented by the contract to the buyer, but allows the
seller to set the price of the commodities at a later date based on an
agreed upon relationship to a future month's price or some other
mutually agreeable method of price determination. Deferred price
contracts include but are not limited to those contracts commonly
referred to as delayed price, price later contracts, or open price
contracts.
(20) "Shortage" means that a ((warehouseman)) warehouse operator
does not have in his or her possession sufficient commodities at each
of his or her stations to cover the outstanding warehouse receipts,
scale weight tickets, or other evidence of storage liability issued or
assumed by him or her for the station.
(21) "Failure" means:
(a) An inability to financially satisfy claimants in accordance
with this chapter and the time limits provided for in it;
(b) A public declaration of insolvency;
(c) A revocation of license and the leaving of an outstanding
indebtedness to a depositor;
(d) A failure to redeliver any commodity to a depositor or to pay
depositors for commodities purchased by a licensee in the ordinary
course of business and where a bona fide dispute does not exist between
the licensee and the depositor;
(e) A failure to make application for license renewal within sixty
days after the annual license renewal date; or
(f) A denial of the application for a license renewal.
(22) "Original inspection" means an initial, official inspection of
a grain or commodity.
(23) "Reinspection" means an official review of the results of an
original inspection service by an inspection office that performed that
original inspection service. A reinspection may be performed either on
the basis of the official file sample or a new sample obtained by the
same means as the original if the lot remains intact.
(24) "Appeal inspection" means, for commodities covered by federal
standards, a review of original inspection or reinspection results by
an authorized United States department of agriculture inspector. For
commodities covered under state standards, an appeal inspection means
a review of original or reinspection results by a supervising
inspector. An appeal inspection may be performed either on the basis
of the official file sample or a new sample obtained by the same means
as the original if the lot remains intact.
(25) "Exempt grain dealer" means a grain dealer who purchases less
than one hundred thousand dollars of covered commodities annually from
producers, and operates under the provisions of RCW 22.09.060.
Sec. 599 RCW 22.09.020 and 1989 c 354 s 45 are each amended to
read as follows:
The department shall administer and carry out the provisions of
this chapter and rules adopted hereunder, and it has the power and
authority to:
(1) Supervise the receiving, handling, conditioning, weighing,
storage, and shipping of all commodities;
(2) Supervise the inspection and grading of commodities;
(3) Approve or disapprove the facilities, including scales, of all
warehouses;
(4) Approve or disapprove all rates and charges for the handling,
storage, and shipment of all commodities;
(5) Investigate all complaints of fraud in the operation of any
warehouse;
(6) Examine, inspect, and audit, during ordinary business hours,
any warehouse licensed under this chapter, including all commodities
therein and examine, inspect, audit, or record all books, documents,
and records;
(7) Examine, inspect, and audit during ordinary business hours, all
books, documents, and records, and examine, inspect, audit, or record
records of any grain dealer licensed hereunder at the grain dealer's
principal office or headquarters;
(8) Inspect at reasonable times any warehouse or storage facility
where commodities are received, handled, conditioned, stored, or
shipped, including all commodities stored therein and all books,
documents, and records in order to determine whether or not such
facility should be licensed pursuant to this chapter;
(9) Inspect at reasonable times any grain dealer's books,
documents, and records in order to determine whether or not the grain
dealer should be licensed under this chapter;
(10) Administer oaths and issue subpoenas to compel the attendance
of witnesses, and/or the production of books, documents, and records
anywhere in the state pursuant to a hearing relative to the purpose and
provisions of this chapter. Witnesses shall be entitled to fees for
attendance and travel, as provided in chapter 2.40 RCW;
(11) Adopt rules establishing inspection standards and procedures
for grains and commodities;
(12) Adopt rules regarding the identification of commodities by the
use of confetti or other similar means so that such commodities may be
readily identified if stolen or removed in violation of the provisions
of this chapter from a warehouse or if otherwise unlawfully
transported;
(13) Adopt all the necessary rules for carrying out the purpose and
provisions of this chapter. The adoption of rules under the provisions
of this chapter shall be subject to the provisions of chapter 34.05
RCW, the Administrative Procedure Act. When adopting rules in respect
to the provisions of this chapter, the director shall hold a public
hearing and shall to the best of his or her ability consult with
persons and organizations or interests who will be affected thereby,
and any final rule adopted as a result of the hearing shall be designed
to promote the provisions of this chapter and shall be reasonable and
necessary and based upon needs and conditions of the industry, and
shall be for the purpose of promoting the well-being of the industry to
be regulated and the general welfare of the people of the state.
Sec. 600 RCW 22.09.040 and 1987 c 393 s 17 are each amended to
read as follows:
Application for a license to operate a warehouse under the
provisions of this chapter shall be on a form prescribed by the
department and shall include:
(1) The full name of the person applying for the license and
whether the applicant is an individual, partnership, association,
corporation, or other entity;
(2) The full name of each member of the firm or partnership, or the
names of the officers of the company, society, cooperative association,
or corporation;
(3) The principal business address of the applicant in the state
and elsewhere;
(4) The name or names of the person or persons authorized to
receive and accept service of summons and legal notices of all kinds
for the applicant;
(5) Whether the applicant has also applied for or has been issued
a grain dealer license under the provisions of this chapter;
(6) The location of each warehouse the applicant intends to operate
and the location of the headquarters or main office of the applicant;
(7) The bushel storage capacity of each such warehouse to be
licensed;
(8) The schedule of fees to be charged at each warehouse for the
handling, conditioning, storage, and shipment of all commodities during
the licensing period;
(9) A financial statement to determine the net worth of the
applicant to determine whether or not the applicant meets the minimum
net worth requirements established by the director pursuant to chapter
34.05 RCW. All financial statement information required by this
subsection shall be confidential information not subject to public
disclosure;
(10) Whether the application is for a terminal, subterminal, or
country warehouse license;
(11) Whether the applicant has previously been denied a grain
dealer or ((warehouseman)) warehouse operator license or whether the
applicant has had either license suspended or revoked by the
department;
(12) Any other reasonable information the department finds
necessary to carry out the purpose and provisions of this chapter.
Sec. 601 RCW 22.09.045 and 1987 c 393 s 18 are each amended to
read as follows:
Application for a license to operate as a grain dealer under the
provisions of this chapter shall be on a form prescribed by the
department and shall include:
(1) The full name of the person applying for the license and
whether the applicant is an individual, partnership, association,
corporation, or other entity;
(2) The full name of each member of the firm or partnership, or the
names of the officers of the company, society, cooperative association,
or corporation;
(3) The principal business address of the applicant in the state
and elsewhere;
(4) The name or names of the person or persons in this state
authorized to receive and accept service of summons and legal notices
of all kinds for the applicant;
(5) Whether the applicant has also applied for or has been issued
a warehouse license under this chapter;
(6) The location of each business location from which the applicant
intends to operate as a grain dealer in the state of Washington whether
or not the business location is physically within the state of
Washington, and the location of the headquarters or main office of the
application;
(7) A financial statement to determine the net worth of the
applicant to determine whether or not the applicant meets the minimum
net worth requirements established by the director under chapter 34.05
RCW. However, if the applicant is a subsidiary of a larger company,
corporation, society, or cooperative association, both the parent
company and the subsidiary company must submit a financial statement to
determine whether or not the applicant meets the minimum net worth
requirements established by the director under chapter 34.05 RCW. All
financial statement information required by this subsection shall be
confidential information not subject to public disclosure;
(8) Whether the applicant has previously been denied a grain dealer
or ((warehouseman)) warehouse operator license or whether the applicant
has had either license suspended or revoked by the department;
(9) Any other reasonable information the department finds necessary
to carry out the purpose and provisions of this chapter.
Sec. 602 RCW 22.09.050 and 1997 c 303 s 6 are each amended to
read as follows:
Any application for a license to operate a warehouse shall be
accompanied by a license fee of one thousand three hundred fifty
dollars for a terminal warehouse, one thousand fifty dollars for a
subterminal warehouse, and five hundred dollars for a country
warehouse. If a licensee operates more than one warehouse under one
state license as provided for in RCW 22.09.030, the license fee shall
be computed by multiplying the number of physically separated
warehouses within the station by the applicable terminal, subterminal,
or country warehouse license fee.
If an application for renewal of a warehouse license or licenses is
not received by the department prior to the renewal date or dates
established by the director by rule, a penalty of fifty dollars for the
first week and one hundred dollars for each week thereafter shall be
assessed and added to the original fee and shall be paid by the
applicant before the renewal license may be issued. This penalty does
not apply if the applicant furnishes an affidavit certifying that he or
she has not acted as a ((warehouseman)) warehouse operator subsequent
to the expiration of his or her prior license.
Sec. 603 RCW 22.09.055 and 1997 c 303 s 7 are each amended to
read as follows:
An application for a license to operate as a grain dealer shall be
accompanied by a license fee of seven hundred fifty dollars. The
license fee for exempt grain dealers shall be three hundred dollars.
If an application for renewal of a grain dealer or exempt grain
dealer license is not received by the department before the renewal
date or dates established by the director by rule, a penalty of fifty
dollars for the first week and one hundred dollars for each week
thereafter shall be assessed and added to the original fee and shall be
paid by the applicant before the renewal license may be issued. This
penalty does not apply if the applicant furnishes an affidavit
certifying that he or she has not acted as a grain dealer or exempt
grain dealer after the expiration of his or her prior license.
Sec. 604 RCW 22.09.090 and 1987 c 509 s 2 are each amended to
read as follows:
(1) An applicant for a warehouse or grain dealer license pursuant
to the provisions of this chapter shall give a bond to the state of
Washington executed by the applicant as the principal and by a
corporate surety licensed to do business in this state as surety.
(2) The bond required under this section for the issuance of a
warehouse license shall be in the sum of not less than fifty thousand
dollars nor more than seven hundred fifty thousand dollars. The
department shall, after holding a public hearing, determine the amount
that will be required for the warehouse bond which shall be computed at
a rate of not less than fifteen cents nor more than thirty cents per
bushel multiplied by the number of bushels of licensed commodity
storage capacity of the warehouses of the applicant furnishing the
bond. The applicant for a warehouse license may give a single bond
meeting the requirements of this chapter, and all warehouses operated
by the ((warehouseman)) warehouse operator are deemed to be one
warehouse for the purpose of the amount of the bond required under this
subsection. Any change in the capacity of a warehouse or addition of
any new warehouse involving a change in bond liability under this
chapter shall be immediately reported to the department.
(3) The bond required under this section for the issuance of a
grain dealer license shall be in the sum of not less than fifty
thousand dollars nor more than seven hundred fifty thousand dollars.
The department shall, after holding a public hearing, determine the
amount that will be required for the dealer bond which shall be
computed at a rate not less than six percent nor more than twelve
percent of the sales of agricultural commodities purchased by the
dealer from producers during the dealer's last completed fiscal year or
in the case of a grain dealer who has been engaged in business as a
grain dealer less than one year, the estimated aggregate dollar amount
to be paid by the dealer to producers for agricultural commodities to
be purchased by the dealer during the dealer's first fiscal year.
(4) An applicant making application for both a warehouse license
and a grain dealer license may satisfy the bonding requirements set
forth in subsections (2) and (3) of this section by giving to the state
of Washington a single bond for the issuance of both licenses, which
bond shall be in the sum of not less than fifty thousand dollars nor
more than seven hundred fifty thousand dollars. The department shall,
after holding a public hearing, determine the amount of the bond which
shall be computed at a rate of not less than fifteen cents nor more
than thirty cents per bushel multiplied by the number of bushels of
licensed commodity storage capacity of the warehouses of the applicant
furnishing the bond, or at the rate of not less than six percent nor
more than twelve percent of the gross sales of agricultural commodities
of the applicant whichever is greater.
(5) The bonds required under this chapter shall be approved by the
department and shall be conditioned upon the faithful performance by
the licensee of the duties imposed upon him or her by this chapter. If
a person has applied for warehouse licenses to operate two or more
warehouses in this state, the assets applicable to all warehouses, but
not the deposits except in case of a station, are subject to the
liabilities of each. The total and aggregate liability of the surety
for all claims upon the bond is limited to the face amount of the bond.
(6) Any person required to submit a bond to the department under
this chapter has the option to give the department a certificate of
deposit or other security acceptable to the department payable to the
director as trustee, in lieu of a bond or a portion thereof. The
principal amount of the certificate or other security shall be the same
as that required for a surety bond under this chapter or may be in an
amount which, when added to the bond, will satisfy the licensee's
requirements for a surety bond under this chapter, and the interest
thereon shall be made payable to the purchaser of the certificate or
other security. The certificate of deposit or other security shall
remain on deposit until it is released, canceled, or discharged as
provided for by rule of the department. The provisions of this chapter
that apply to a bond required under this chapter apply to each
certificate of deposit or other security given in lieu of such a bond.
(7) The department may, when it has reason to believe that a grain
dealer does not have the ability to pay producers for grain purchased,
or when it determines that the grain dealer does not have a sufficient
net worth to outstanding financial obligations ratio, or when it
believes there may be claims made against the bond in excess of the
face amount of the bond, require a grain dealer to post an additional
bond in a dollar amount deemed appropriate by the department or may
require an additional certificate of deposit or other security. The
additional bonding or other security may exceed the maximum amount of
the bond otherwise required under this chapter. Failure to post the
additional bond, certificate of deposit, or other security constitutes
grounds for suspension or revocation of a license issued under this
chapter.
(8) Notwithstanding any other provisions of this chapter, the
license of a ((warehouseman)) warehouse operator or grain dealer shall
automatically be suspended in accordance with RCW 22.09.100 for failure
at any time to have or to maintain a bond, certificate of deposit, or
other security or combination thereof in the amount and type required
by this chapter. The department shall remove the suspension or issue
a license as the case may be, when the required bond, certificate of
deposit, or other security has been obtained.
Sec. 605 RCW 22.09.100 and 1987 c 509 s 4 are each amended to
read as follows:
(1) Every bond filed with and approved by the department shall
without the necessity of periodic renewal remain in force and effect
until such time as the ((warehouseman)) warehouse operator or grain
dealer license of each principal on the bond is revoked or otherwise
canceled.
(2) The surety on a bond, as provided in this chapter, shall be
released and discharged from all liability to the state, as to a
principal whose license is revoked or canceled, which liability accrues
after the expiration of thirty days from the effective date of the
revocation or cancellation of the license. The surety on a bond under
this chapter shall be released and discharged from all liability to the
state accruing on the bond after the expiration of ninety days from the
date upon which the surety lodges with the department a written request
to be released and discharged. Nothing in this section shall operate
to relieve, release, or discharge the surety from any liability which
accrues before the expiration of the respective thirty or ninety-day
period. In the event of a cancellation by the surety, the surety shall
simultaneously send the notification of cancellation in writing to any
other governmental agency requesting it. Upon receiving any such
request, the department shall promptly notify the principal or
principals who furnished the bond, and unless the principal or
principals file a new bond on or before the expiration of the
respective thirty or ninety-day period, the department shall forthwith
cancel the license of the principal or principals whose bond has been
canceled.
Sec. 606 RCW 22.09.110 and 1983 c 305 s 29 are each amended to
read as follows:
All commodities in storage in a warehouse shall be kept fully
insured for the current market value of the commodity for the license
period against loss by fire, lightning, internal explosion, windstorm,
cyclone, and tornado. Evidence of the insurance coverage in the form
of a certificate of insurance approved by the department shall be filed
by the ((warehouseman)) warehouse operator with the department at the
time of making application for an annual license to operate a warehouse
as required by this chapter. The department shall not issue a license
until the certificate of insurance is received.
Sec. 607 RCW 22.09.130 and 1983 c 305 s 30 are each amended to
read as follows:
(1) Every ((warehouseman)) warehouse operator shall receive for
handling, conditioning, storage, or shipment, so far as the capacity
and facilities of his or her warehouse will permit, all commodities
included in the provisions of this chapter, in suitable condition for
storage, tendered him or her in the usual course of business from
historical depositors and shall issue therefor a warehouse receipt or
receipts in a form prescribed by the department as provided in this
chapter or a scale weight ticket. ((Warehousemen)) Warehouse operators
may accept agricultural commodities from new depositors who qualify to
the extent of the capacity of that warehouse. The deposit for
handling, conditioning, storage, or shipment of the commodity must be
credited to the depositor in the books of the ((warehouseman))
warehouse operator as soon as possible, but in no event later than
seven days from the date of the deposit. If the commodity has been
graded a warehouse receipt shall be issued within ten days after demand
by the owner.
(2) If requested by the depositor, each lot of his or her commodity
shall be kept in a special pile or special bin, if available, but in
the case of a bulk commodity, if the lot or any portion of it does not
equal the capacity of any available bin, the depositor may exercise his
or her option to require the commodity to be specially binned only on
agreement to pay charges based on the capacity of the available bin
most nearly approximating the required capacity.
(3) A ((warehouseman)) warehouse operator may refuse to accept for
storage, commodities that are wet, damaged, insect-infested, or in
other ways unsuitable for storage.
(4) Terminal and subterminal ((warehousemen)) warehouse operators
shall receive put through agricultural commodities to the extent
satisfactory transportation arrangements can be made, but may not be
required to receive agricultural commodities for storage.
Sec. 608 RCW 22.09.140 and 1963 c 124 s 14 are each amended to
read as follows:
(((1))) When partial withdrawal of his or her commodity is made by
a depositor, the ((warehouseman)) warehouse operator shall make
appropriate notation thereof on the depositor's nonnegotiable receipt
or on other records, or, if the ((warehouseman)) warehouse operator has
issued a negotiable receipt to the depositor, he or she shall claim,
cancel, and replace it with a negotiable receipt showing the amount of
such depositor's commodity remaining in the warehouse, and for his or
her failure to claim and cancel, upon delivery to the owner of a
commodity stored in his or her warehouse, a negotiable receipt issued
by him or her, the negotiation of which would transfer the right to
possession of such commodity, a ((warehouseman)) warehouse operator
shall be liable to anyone who purchases such receipt for value and in
good faith, for failure to deliver to him or her all the commodity
specified in the receipt, whether such purchaser acquired title to the
negotiable receipt before or after delivery of any part of the
commodity by the ((warehouseman)) warehouse operator.
Sec. 609 RCW 22.09.150 and 1983 c 305 s 31 are each amended to
read as follows:
(1) The duty of the ((warehouseman)) warehouse operator to deliver
the commodities in storage is governed by the provisions of this
chapter and the requirements of Article 7 of Title 62A RCW. Upon the
return of the receipt to the proper ((warehouseman)) warehouse
operator, properly endorsed, and upon payment or tender of all advances
and legal charges, the ((warehouseman)) warehouse operator shall
deliver commodities of the grade and quantity named upon the receipt to
the holder of the receipt, except as provided by Article 7 of Title 62A
RCW.
(2) A ((warehouseman's)) warehouse operator's duty to deliver any
commodity is fulfilled if delivery is made pursuant to the contract
with the depositor or if no contract exists, then to the several owners
in the order of demand as rapidly as it can be done by ordinary
diligence. Where delivery is made within forty-eight hours excluding
Saturdays, Sundays, and legal holidays after facilities for receiving
the commodity are provided, the delivery is deemed to comply with this
subsection.
(3) No ((warehouseman)) warehouse operator may fail to deliver a
commodity as provided in this section, and delivery shall be made at
the warehouse or station where the commodity was received unless the
((warehouseman)) warehouse operator and depositor otherwise agree in
writing.
(4) In addition to being subject to penalties provided in this
chapter for a violation of this section, if a ((warehouseman))
warehouse operator unreasonably fails to deliver commodities within the
time as provided in this section, the person entitled to delivery of
the commodity may maintain an action against the ((warehouseman))
warehouse operator for any damages resulting from the
((warehouseman's)) warehouse operator's unreasonable failure to so
deliver. In any such action the person entitled to delivery of the
commodity has the option to seek recovery of his or her actual damages
or liquidated damages of one-half of one percent of the value for each
day's delay after the forty-eight hour period.
Sec. 610 RCW 22.09.160 and 1963 c 124 s 16 are each amended to
read as follows:
(1) If a ((warehouseman)) warehouse operator discovers that as a
result of a quality or condition of a certain commodity placed in his
or her warehouse, including identity preserved commodities as provided
for in RCW 22.09.130(2), of which he or she had no notice at the time
of deposit, such commodity is a hazard to other commodities or to
persons or to the warehouse he or she may notify the depositor that it
will be removed. If the depositor does not accept delivery of such
commodity upon removal the ((warehouseman)) warehouse operator may sell
the commodity at public or private sale without advertisement but with
reasonable notification of the sale to all persons known to claim an
interest in the commodity. If the ((warehouseman)) warehouse operator
after a reasonable effort is unable to sell the commodity, he or she
may dispose of it in any other lawful manner and shall incur no
liability by reason of such disposition.
(2) At any time prior to sale or disposition as authorized in this
section, the ((warehouseman)) warehouse operator shall deliver the
commodity to any person entitled to it, upon proper demand and payment
of charges.
(3) From the proceeds of sale or other disposition of the commodity
the ((warehouseman)) warehouse operator may satisfy his or her charges
for which otherwise he or she would have a lien, and shall hold the
balance thereof for delivery on the demand of any person to whom he or
she would have been required to deliver the commodity.
Sec. 611 RCW 22.09.170 and 1983 c 305 s 32 are each amended to
read as follows:
If the owner of the commodity or his or her authorized agent gives
or furnishes to a licensed ((warehouseman)) warehouse operator a
written instruction or order, and if the order is properly made a part
of the ((warehouseman's)) warehouse operator's records and is available
for departmental inspection, then the ((warehouseman)) warehouse
operator:
(1) May receive the commodity for the purpose of processing or
conditioning;
(2) May receive the commodity for the purpose of shipping by the
((warehouseman)) warehouse operator for the account of the depositor;
(3) May accept an agricultural commodity delivered as seed and
handle it pursuant to the terms of a contract with the depositor and
the contract shall be considered written instructions pursuant to this
section.
Sec. 612 RCW 22.09.175 and 1983 c 305 s 33 are each amended to
read as follows:
(1) A commodity deposited with a ((warehouseman)) warehouse
operator without a written agreement for sale of the commodity to the
((warehouseman)) warehouse operator shall be handled and considered to
be a commodity in storage.
(2) A presumption is hereby created that in all written agreements
for the sale of commodities, the intent of the parties is that title
and ownership to the commodities shall pass on the date of payment
therefor. This presumption may only be rebutted by a clear statement
to the contrary in the agreement.
(3) Any ((warehouseman)) warehouse operator or grain dealer
entering into a deferred price contract with a depositor shall first
have the form of the contract approved by the director. The director
shall adopt rules setting forth the standards for approval of the
contracts.
Sec. 613 RCW 22.09.180 and 1983 c 305 s 34 are each amended to
read as follows:
(1) The licensee shall maintain complete records at all times with
respect to all agricultural commodities handled, stored, shipped, or
merchandised by him or her, including commodities owned by him or her.
The department shall adopt rules specifying the minimum record-keeping
requirements necessary to comply with this section.
(2) The licensee shall maintain an itemized statement of any
charges paid by the depositor.
Sec. 614 RCW 22.09.190 and 1983 c 305 s 35 are each amended to
read as follows:
No ((warehouseman)) warehouse operator subject to the provisions of
this chapter may:
(1) Directly or indirectly, by any special charge, rebate,
drawback, or other device, demand, collect, or receive from any person
a greater or lesser compensation for any service rendered or to be
rendered in the handling, conditioning, storage, or shipment of any
commodity than he or she demands, collects, or receives from any other
person for doing for him or her a like and contemporaneous service in
the handling, conditioning, storage, or shipment of any commodity under
substantially similar circumstances or conditions;
(2) Make or give any undue or unreasonable preference or advantage
to any person in any respect whatsoever;
(3) Subject any particular person to any undue or unreasonable
prejudice or disadvantage in any respect whatsoever.
Sec. 615 RCW 22.09.230 and 1983 c 305 s 39 are each amended to
read as follows:
Every warehouse licensee shall post at or near the main entrance to
each of his or her warehouses a sign as prescribed by the department
which shall include the words "Washington Bonded Warehouse." It is
unlawful to display such sign or any sign of similar appearance or
bearing the same words, or words of similar import, when the warehouse
is not licensed and bonded under this chapter.
Sec. 616 RCW 22.09.240 and 1991 c 109 s 29 are each amended to
read as follows:
Every ((warehouseman)) warehouse operator shall annually, during
the first week in July, publish by posting in a conspicuous place in
each of his or her warehouses the schedule of handling, conditioning,
and storage rates filed with the department for the ensuing license
year. The schedule shall be kept posted, and the rates shall not be
changed during such year except after thirty days' written notice to
the director and proper posting of the changes on the licensee's
premises.
Sec. 617 RCW 22.09.250 and 1983 c 305 s 41 are each amended to
read as follows:
It is unlawful for a ((warehouseman)) warehouse operator to:
(1) Issue a warehouse receipt for any commodity that he or she does
not have in his or her warehouse at the time the receipt is issued;
(2) Issue warehouse receipts in excess of the amount of the
commodities held in the licensee's warehouse to cover the receipt;
(3) Remove, deliver, direct, assist, or permit any person to
remove, or deliver any commodity from any warehouse for which warehouse
receipts have been issued and are outstanding without receiving and
canceling the warehouse receipt issued therefor;
(4) Sell, encumber, ship, transfer, or in any manner remove or
permit to be shipped, transferred, or removed from a warehouse any
commodity received by him or her for deposit, handling, conditioning,
or shipment, for which scale weight tickets have been issued without
the written approval of the holder of the scale weight ticket and such
transfer shall be shown on the individual depositor's account and the
inventory records of the ((warehouseman)) warehouse operator;
(5) Remove, deliver, direct, assist, or permit any person to
deliver, or remove any commodities from any warehouse, whereby the
amount of any fairly representative grade or class of any commodity in
the warehouses of the licensee is reduced below the amount for which
warehouse receipts or scale weight tickets for the particular commodity
are outstanding;
(6) Issue a warehouse receipt showing a grade or description
different from the grade or description of the commodity delivered;
(7) Issue a warehouse receipt or scale weight ticket that exceeds
the amount of the actual quantity of commodities delivered for storage;
(8) Fail to deliver commodities pursuant to RCW 22.09.150 upon
demand of the depositor;
(9) Knowingly accept for storage any commodity destined for human
consumption that has been contaminated with an agricultural pesticide
or filth rendering it unfit for human consumption, if the commodities
are commingled with any uncontaminated commodity;
(10) Terminate storage of a commodity in his or her warehouse
without giving thirty days' written notice to the depositor.
Sec. 618 RCW 22.09.260 and 1983 c 305 s 42 are each amended to
read as follows:
No depositor may knowingly deliver for handling, conditioning,
storage, or shipment any commodity treated with an agricultural
pesticide or contaminated with filth rendering it unfit for human
consumption without first notifying the ((warehouseman)) warehouse
operator.
Sec. 619 RCW 22.09.290 and 1989 c 354 s 46 are each amended to
read as follows:
(1) Every warehouse receipt issued for commodities covered by this
chapter shall embody within its written or printed terms:
(a) The grade of the commodities as described by the official
standards of this state, unless the identity of the commodity is in
fact preserved in a special pile or special bin, and an identifying
mark of such pile or bin shall appear on the face of the receipt and on
the pile or bin. A commodity in a special pile or bin shall not be
removed or relocated without canceling the outstanding receipt and
issuing a new receipt showing the change;
(b) Such other terms and conditions as required by Article 7 of
Title 62A RCW: PROVIDED, That nothing contained therein requires a
receipt issued for wheat to specifically state the variety of wheat by
name;
(c) A clause reserving for the ((warehouseman)) warehouse operator
the optional right to terminate storage upon thirty days' written
notice to the depositor and collect outstanding charges against any lot
of commodities after June 30th following the date of the receipt.
(2) Warehouse receipts issued under the United States warehouse act
(7 USCA § 241 et seq.) are deemed to fulfill the requirements of this
chapter so far as it pertains to the issuance of warehouse receipts.
Sec. 620 RCW 22.09.300 and 1979 ex.s. c 238 s 20 are each amended
to read as follows:
(1) All warehouse receipts issued under this chapter shall be upon
forms prescribed by the department and supplied only to licensed
((warehousemen)) warehouse operators at cost of printing, packing, and
shipping, as determined by the department. They shall contain the
state number of such license and shall be numbered serially for each
state number and the original negotiable receipts shall bear the state
seal. Requests for such receipts shall be on forms furnished by the
department and shall be accompanied by payment to cover cost:
PROVIDED, That the department by order may allow a ((warehouseman))
warehouse operator to have his or her individual warehouse receipts
printed, after the form of the receipt is approved as in compliance
with this chapter, and the ((warehouseman's)) warehouse operator's
printer shall supply an affidavit stating the amount of receipts
printed, numbers thereof: PROVIDED FURTHER, That the ((warehouseman))
warehouse operator must supply a bond in an amount fixed by the
department and not to exceed five thousand dollars to cover any loss
resulting from the unlawful use of any such receipts.
(2) All warehouse receipts shall comply with the provisions of
Article 7 of Title 62A RCW as enacted or hereafter amended, except as
to the variety of wheat as set forth in RCW 22.09.290(1)(b) herein, and
with the provisions of this chapter where not inconsistent or in
conflict with Article 7 of Title 62A RCW. All receipts remaining
unused shall be confiscated by the department if the license required
herein is not promptly renewed or is suspended, revoked, or canceled.
Sec. 621 RCW 22.09.320 and 1963 c 124 s 32 are each amended to
read as follows:
In case any warehouse receipt issued by a licensee shall be lost or
destroyed, the owner thereof shall be entitled to a duplicate receipt
from the licensee upon executing and delivering to the ((warehouseman))
warehouse operator issuing such receipt, a bond in double the value of
the commodity covered by such lost receipt, with good and sufficient
surety to indemnify the ((warehouseman)) warehouse operator against any
loss sustained by reason of the issuance of such duplicate receipt, and
such duplicate receipt shall state that it is issued in lieu of the
former receipt, giving the number and date thereof.
Sec. 622 RCW 22.09.340 and 1983 c 305 s 46 are each amended to
read as follows:
(1) Upon the request of any person or persons having an interest in
a commodity stored in any public warehouse and upon payment of fifty
dollars in advance by the person or persons, the department may cause
the warehouse to be inspected and shall check the outstanding
negotiable and nonnegotiable warehouse receipts, and scale weight
tickets that have not been superseded by negotiable or nonnegotiable
warehouse receipts, with the commodities on hand and shall report the
amount of receipts and scale weight tickets outstanding and the amount
of storage, if any. If the cost of the examination is more than fifty
dollars, the person or persons having an interest in the commodity
stored in the warehouse and requesting the examination, shall pay the
additional cost to the department, unless a shortage is found to exist.
(2) A warehouse shall be maintained in a manner that will provide
a reasonable means of ingress and egress to the various storage bins
and compartments by those persons authorized to make inspections, and
an adequate facility to complete the inspections shall be provided.
(3) The property, books, records, accounts, papers, and proceedings
of every such ((warehouseman)) warehouse operator shall at all
reasonable times be subject to inspection by the department. The
((warehouseman)) warehouse operator shall maintain adequate records and
systems for the filing and accounting of warehouse receipts, canceled
warehouse receipts, scale weight tickets, other documents, and
transactions necessary or common to the warehouse industry. Canceled
warehouse receipts, copies of scale weight tickets, and other copies of
documents evidencing ownership or ownership liability shall be retained
by the ((warehouseman)) warehouse operator for a period of at least
three years from the date of deposit.
(4) Any ((warehouseman)) warehouse operator whose principal office
or headquarters is located outside the state of Washington shall make
available, if requested, during ordinary business hours, at any of
their warehouses licensed in the state of Washington, all books,
documents, and records for inspection.
(5) Any grain dealer whose principal office or headquarters is
located outside the state of Washington shall make available, if
requested, all books, documents, and records for inspection during
ordinary business hours at any facility located in the state of
Washington, or if no facility in the state of Washington, then at a
Washington state department of agriculture office or other mutually
acceptable place.
Sec. 623 RCW 22.09.345 and 1987 c 393 s 20 are each amended to
read as follows:
(1) The department may give written notice to the ((warehouseman))
warehouse operator or grain dealer to submit to inspection, and/or
furnish required reports, documents, or other requested information,
under such conditions and at such time as the department may deem
necessary whenever a ((warehouseman)) warehouse operator or grain
dealer fails to:
(a) Submit his or her books, papers, or property to lawful
inspection or audit;
(b) Submit required reports or documents to the department by their
due date; or
(c) Furnish the department with requested information, including
but not limited to correction notices.
(2) If the ((warehouseman)) warehouse operator or grain dealer
fails to comply with the terms of the notice within twenty-four hours
from the date of its issuance, or within such further time as the
department may allow, the department shall levy a fine of fifty dollars
per day from the final date for compliance allowed by this section or
the department. In those cases where the failure to comply continues
for more than thirty days or where the director determines the failure
to comply creates a threat of loss to depositors, the department may,
in lieu of levying further fines petition the superior court of the
county where the licensee's principal place of business in Washington
is located, as shown by the license application, for an order:
(a) Authorizing the department to seize and take possession of all
books, papers, and property of all kinds used in connection with the
conduct or the operation of the ((warehouseman's)) warehouse operator's
or grain dealer's business, and the books, papers, records, and
property that pertain specifically, exclusively, and directly to that
business; and
(b) Enjoining the ((warehouseman)) warehouse operator or grain
dealer from interfering with the department in the discharge of its
duties as required by this chapter.
(3) All necessary costs and expenses, including attorneys' fees,
incurred by the department in carrying out the provisions of this
section may be recovered at the same time and as part of the action
filed under this section.
Sec. 624 RCW 22.09.350 and 1983 c 305 s 48 are each amended to
read as follows:
(1) Whenever it appears that there is evidence after any
investigation that a ((warehouseman)) warehouse operator has a
shortage, the department may levy a fine of one hundred dollars per day
until the ((warehouseman)) warehouse operator covers the shortage.
(2) In any case where the director determines the shortage creates
a substantial or continuing threat of loss to the depositors of the
((warehouseman)) warehouse operator, the department may, in lieu of
levying a fine or further fines, give notice to the ((warehouseman))
warehouse operator to comply with all or any of the following
requirements:
(a) Cover the shortage;
(b) Give additional bond as requested by the department;
(c) Submit to such inspection as the department may deem necessary;
(d) Cease accepting further commodities from depositors or selling,
encumbering, transporting, or otherwise changing possession, custody,
or control of commodities owned by the ((warehouseman)) warehouse
operator until there is no longer a shortage.
(3) If the ((warehouseman)) warehouse operator fails to comply with
the terms of the notice provided for in subsection (2) of this section
within twenty-four hours from the date of its issuance, or within such
further time as the department may allow, the department may petition
the superior court of the county where the licensee's principal place
of business in Washington is located as shown by the license
application, for an order:
(a) Authorizing the department to seize and take possession of all
or a portion of special piles and special bins of commodities and all
or a portion of commingled commodities in the warehouse or warehouses
owned, operated, or controlled by the ((warehouseman)) warehouse
operator, and of all books, papers, and property of all kinds used in
connection with the conduct or the operation of the ((warehouseman's))
warehouse operator's warehouse business, and the books, papers,
records, and property that pertain specifically, exclusively, and
directly to that business; and
(b) Enjoining the ((warehouseman)) warehouse operator from
interfering with the department in the discharge of its duties as
required by this section.
Sec. 625 RCW 22.09.361 and 1983 c 305 s 49 are each amended to
read as follows:
(1) Whenever the department, pursuant to court order, seizes and
takes possession of all or a portion of special piles and special bins
of commodities, all or a portion of commingled commodities in a
warehouse owned, operated, or controlled by a ((warehouseman) warehouse
operator, or books, papers, and property of any kind used in connection
with the conduct of a ((warehouseman's)) warehouse operator's warehouse
business, the department shall:
(a) Give written notice of its action to the surety on the bond of
the ((warehouseman)) warehouse operator and may notify the holders of
record, as shown by the ((warehouseman's)) warehouse operator's
records, of all warehouse receipts or scale weight tickets issued for
commodities, to present their warehouse receipt or other evidence of
deposits for inspection, or to account for the same. The department
may thereupon cause an audit to be made of the affairs of the
warehouse, especially with respect to the commodities in which there is
an apparent shortage, to determine the amount of the shortage and
compute the shortage as to each depositor as shown by the
((warehouseman's)) warehouse operator's records, if practicable. The
department shall notify the ((warehouseman)) warehouse operator and the
surety on his or her bond of the approximate amount of the shortage and
notify each depositor thereby affected by sending notice to the
depositor's last known address as shown by the records of the
((warehouseman)) warehouse operator.
(b) Retain possession of the commodities in the warehouse or
warehouses, and of the books, papers, and property of the
((warehouseman)) warehouse operator, until the ((warehouseman))
warehouse operator or the surety on the bond has satisfied the claims
of all holders of warehouse receipts or other evidence of deposits, or,
in case the shortage exceeds the amount of the bond, the surety on the
bond has satisfied the claims pro rata.
(2) At any time within ten days after the department takes
possession of any commodities or the books, papers, and property of any
warehouse, the ((warehouseman)) warehouse operator may serve notice
upon the department to appear in the superior court of the county in
which the warehouse is located, at a time to be fixed by the court,
which shall not be less than five nor more than fifteen days from the
date of the service of the notice, and show cause why such commodities,
books, papers, and property should not be restored to his or her
possession.
(3) All necessary expenses and attorneys' fees incurred by the
department in carrying out the provisions of this section may be
recovered in the same action or in a separate civil action brought by
the department in the superior court.
(4) As a part of the expenses so incurred, the department is
authorized to include the cost of adequate liability insurance
necessary to protect the department, its officers, and others engaged
in carrying out the provisions of this section.
Sec. 626 RCW 22.09.371 and 1987 c 393 s 21 are each amended to
read as follows:
(1) When a depositor stores a commodity with a ((warehouseman))
warehouse operator or sells a commodity to a grain dealer, the
depositor has a first priority statutory lien on the commodity or the
proceeds therefrom or on commodities owned by the ((warehouseman))
warehouse operator or grain dealer if the depositor has written
evidence of ownership disclosing a storage obligation or written
evidence of sale. The lien arises at the time the title is transferred
from the depositor to the ((warehouseman)) warehouse operator or grain
dealer, or if the commodity is under a storage obligation, the lien
arises at the commencement of the storage obligation. The lien
terminates when the liability of the ((warehouseman)) warehouse
operator or grain dealer to the depositor terminates or if the
depositor sells his or her commodity to the ((warehouseman)) warehouse
operator or grain dealer, then thirty days after the date title passes.
If, however, the depositor is tendered payment by check or draft, then
the lien shall not terminate until forty days after the date title
passes.
(2) The lien created under this section shall be preferred to any
lien or security interest in favor of any creditor of the
((warehouseman)) warehouse operator or grain dealer, regardless of
whether the creditor's lien or security interest attached to the
commodity or proceeds before or after the date on which the depositor's
lien attached under subsection (1) of this section.
(3) A depositor who claims a lien under subsection (1) of this
section need not file any notice of the lien in order to perfect the
lien.
(4) The lien created by subsection (1) of this section is
discharged, except as to the proceeds therefrom and except as to
commodities owned by the ((warehouseman)) warehouse operator or grain
dealer, upon sale of the commodity by the ((warehouseman)) warehouse
operator or grain dealer to a buyer in the ordinary course of business.
Sec. 627 RCW 22.09.381 and 1983 c 305 s 51 are each amended to
read as follows:
In the event of a failure of a grain dealer or ((warehouseman))
warehouse operator, the department may process the claims of depositors
possessing written evidence of ownership disclosing a storage
obligation or written evidence of a sale of commodities in the
following manner:
(1) The department shall give notice and provide a reasonable time
to depositors possessing written evidence of ownership disclosing a
storage obligation or written evidence of sale of commodities to file
their claims with the department.
(2) The department may investigate each claim and determine whether
the claimant's commodities are under a storage obligation or whether a
sale of the commodities has occurred. The department may, in writing,
notify each claimant and the failed grain dealer or ((warehouseman))
warehouse operator of the department's determination as to the status
and amount of each claimant's claim. A claimant, failed
((warehouseman)) warehouse operator, or grain dealer may request a
hearing on the department's determination within twenty days of receipt
of written notification, and a hearing shall be held in accordance with
chapter 34.05 RCW.
(3) The department may inspect and audit the failed
((warehouseman)) warehouse operator to determine whether the
((warehouseman)) warehouse operator has in his or her possession
sufficient quantities of commodities to cover his or her storage
obligations. In the event of a shortage, the department shall
determine each depositor's pro rata share of available commodities and
the deficiency shall be considered as a claim of the depositor. Each
type of commodity shall be treated separately for (([the])) the purpose
of determining shortages.
(4) The department shall determine the amount, if any, due each
claimant by the surety and make demand upon the bond in the manner set
forth in this chapter.
Sec. 628 RCW 22.09.391 and 1987 c 393 s 22 are each amended to
read as follows:
Upon the failure of a grain dealer or ((warehouseman)) warehouse
operator, the statutory lien created in RCW 22.09.371 shall be
liquidated by the department to satisfy the claims of depositors in the
following manner:
(1) The department shall take possession of all commodities in the
warehouse, including those owned by the ((warehouseman)) warehouse
operator or grain dealer, and those that are under warehouse receipts
or any written evidence of ownership that discloses a storage
obligation by a failed ((warehouseman)) warehouse operator, including
but not limited to scale weight tickets, settlement sheets, and ledger
cards. These commodities shall be distributed or sold and the proceeds
distributed to satisfy the outstanding warehouse receipts or other
written evidences of ownership. If a shortage exists, the department
shall distribute the commodities or the proceeds from the sale of the
commodities on a prorated basis to the depositors. To the extent the
commodities or the proceeds from their sale are inadequate to satisfy
the claims of depositors with evidence of storage obligations, the
depositors have a first priority lien against any proceeds received
from commodities sold while under a storage obligation or against any
commodities owned by the failed ((warehouseman)) warehouse operator or
grain dealer.
(2) Depositors possessing written evidence of the sale of a
commodity to the failed ((warehouseman)) warehouse operator or grain
dealer, including but not limited to scale weight tickets, settlement
sheets, deferred price contracts, or similar commodity delivery
contracts, who have completed delivery and passed title during a
thirty-day period immediately before the failure of the failed
((warehouseman)) warehouse operator or grain dealer have a second
priority lien against the commodity, the proceeds of the sale, or
warehouse-owned or grain dealer-owned commodities. If the commodity,
commodity proceeds, or warehouse-owned or grain dealer-owned
commodities are insufficient to wholly satisfy the claim of depositors
possessing written evidence of the sale of the commodity to the failed
((warehouseman)) warehouse operator or grain dealer, each depositor
shall receive a pro rata share thereof.
(3) Upon the satisfaction of the claims of depositors qualifying
for first or second priority treatment, all other depositors possessing
written evidence of the sale of the commodity to the failed
((warehouseman)) warehouse operator or grain dealer have a third
priority lien against the commodity, the proceeds of the sale, or
warehouse-owned or grain dealer-owned commodities. If the commodities,
commodity proceeds, or warehouse-owned or grain dealer-owned
commodities are insufficient to wholly satisfy these claims, each
depositor shall receive a pro rata share thereof.
(4) The director of agriculture may represent depositors whom,
under RCW 22.09.381, the director has determined have claims against
the failed ((warehouseman)) warehouse operator or failed grain dealer
in any action brought to enjoin or otherwise contest the distributions
made by the director under this section.
Sec. 629 RCW 22.09.416 and 1987 c 509 s 9 are each amended to
read as follows:
(1) Every licensed warehouse and grain dealer and every applicant
for any such license shall pay assessments to the department for
deposit in the grain indemnity fund according to the provisions of RCW
22.09.405 through 22.09.471 and rules promulgated by the department to
implement this chapter.
(2) The rate of the assessments shall be established by rule,
provided however, that no single assessment against a licensed
warehouse or grain dealer or applicant for any such license shall
exceed five percent of the bond amount that would otherwise have been
required of such grain dealer, ((warehouseman)) warehouse operator, or
license applicant under RCW 22.09.090.
Sec. 630 RCW 22.09.436 and 1987 c 509 s 13 are each amended to
read as follows:
(1) There is hereby created a grain indemnity fund advisory
committee consisting of six members to be appointed by the director.
The director shall make appointments to the committee no later than
seven days following the date this section becomes effective pursuant
to RCW 22.09.405. Of the initial appointments, three shall be for two-year terms and three shall be for three-year terms. Thereafter,
appointments shall be for three-year terms, each term ending on the
same day of the same month as did the term preceding it. Any member
appointed to fill a vacancy occurring prior to the expiration of the
term for which the member's predecessor was appointed shall hold office
for the remainder of the predecessor's term.
(2) The committee shall be composed of two producers primarily
engaged in the production of agricultural commodities, two licensed
grain dealers, and two licensed grain ((warehousemen)) warehouse
operators.
(3) The committee shall meet at such places and times as it shall
determine and as often as necessary to discharge the duties imposed
upon it. Each committee member shall be compensated in accordance with
RCW 43.03.240 and shall be reimbursed for travel and subsistence
expense under RCW 43.03.050 and 43.03.060. The expenses of the
committee and its operation shall be paid from the grain indemnity
fund.
(4) The committee shall have the power and duty to advise the
director concerning assessments, administration of the grain indemnity
fund, and payment of claims from the fund.
Sec. 631 RCW 22.09.441 and 1987 c 509 s 14 are each amended to
read as follows:
In the event a grain dealer or warehouse fails, as defined in RCW
22.09.011(21), or otherwise fails to comply with the provisions of this
chapter or rules promulgated hereunder, the department shall process
the claims of depositors producing written evidence of ownership
disclosing a storage obligation or written evidence of a sale of
commodities for damages caused by the failure, in the following manner:
(1) The department shall give notice and provide a reasonable time,
not to exceed thirty days, to depositors possessing written evidence of
ownership disclosing a storage obligation or written evidence of sale
of commodities to file their written verified claims with the
department.
(2) The department may investigate each claim and determine whether
the claimant's commodities are under a storage obligation or whether a
sale of commodities has occurred. The department shall notify each
claimant, the grain ((warehouseman)) warehouse operator or grain
dealer, and the committee of the department's determination as to the
validity and amount of each claimant's claim. A claimant,
((warehouseman)) warehouse operator, or grain dealer may request a
hearing on the department's determination within twenty days of receipt
of written notification and a hearing shall be held by the department
pursuant to chapter 34.05 RCW. Upon determining the amount and
validity of the claim, the director shall pay the claim from the grain
indemnity fund.
(3) The department may inspect and audit a failed ((warehouseman))
warehouse operator, as defined by RCW 22.09.011(21) to determine
whether the ((warehouseman)) warehouse operator has in his or her
possession, sufficient quantities of commodities to cover his or her
storage obligations. In the event of a shortage, the department shall
determine each depositor's pro rata share of available commodities and
the deficiency shall be considered as a claim of the depositor. Each
type of commodity shall be treated separately for the purpose of
determining shortages.
Sec. 632 RCW 22.09.446 and 1987 c 509 s 15 are each amended to
read as follows:
If a depositor or creditor, after notification, refuses or neglects
to file in the office of the director his or her verified claim against
a ((warehouseman)) warehouse operator or grain dealer as requested by
the director within thirty days from the date of the request, the
director shall thereupon be relieved of responsibility for taking
action with respect to such claim later asserted and no such claim
shall be paid from the grain indemnity fund.
Sec. 633 RCW 22.09.451 and 1987 c 509 s 16 are each amended to
read as follows:
Subject to the provisions of RCW 22.09.456 and 22.09.461 and to a
maximum payment of seven hundred fifty thousand dollars on all claims
against a single licensee, approved claims against a licensed
((warehouseman)) warehouse operator or licensed grain dealer shall be
paid from the grain indemnity fund in the following amounts:
(1) Approved claims against a licensed ((warehouseman)) warehouse
operator shall be paid in full;
(2) Approved claims against a licensed grain dealer for payments
due within thirty days of transfer of title shall be paid in full for
the first twenty-five thousand dollars of the claim. The amount of
such a claim in excess of twenty-five thousand dollars shall be paid to
the extent of eighty percent;
(3) Approved claims against a licensed grain dealer for payments
due between thirty and ninety days of transfer of title shall be paid
to the extent of eighty percent;
(4) Approved claims against a licensed grain dealer for payments
due after ninety days from transfer of title shall be paid to the
extent of seventy-five percent;
(5) In the event that approved claims against a single licensee
exceed seven hundred fifty thousand dollars, recovery on those claims
shall be prorated.
Sec. 634 RCW 22.09.466 and 1987 c 509 s 19 are each amended to
read as follows:
Amounts paid from the grain indemnity fund in satisfaction of any
approved claim shall constitute a debt and obligation of the grain
dealer or ((warehouseman)) warehouse operator against whom the claim
was made. On behalf of the grain indemnity fund, the director may
bring suit, file a claim, or intervene in any legal proceeding to
recover from the grain dealer or ((warehouseman)) warehouse operator
the amount of the payment made from the grain indemnity fund, together
with costs and attorneys' fees incurred. In instances where the
superior court is the appropriate forum for a recovery action, the
director may elect to institute the action in the superior court of
Thurston county.
Sec. 635 RCW 22.09.471 and 1987 c 509 s 20 are each amended to
read as follows:
The department may deny, suspend, or revoke the license of any
grain dealer or ((warehouseman)) warehouse operator who fails to timely
pay assessments to the grain indemnity fund or against whom a claim has
been made, approved, and paid from the grain indemnity fund.
Proceedings for the denial, suspension, or revocation shall be subject
to the provisions of chapter 34.05 RCW.
Sec. 636 RCW 22.09.570 and 1987 c 509 s 5 are each amended to
read as follows:
The director may bring action upon the bond of a ((warehouseman))
warehouse operator or grain dealer against both principal against whom
a claim has been made and the surety in any court of competent
jurisdiction to recover the damages caused by any failure to comply
with the provisions of this chapter or the rules adopted hereunder.
Recovery for damages against a ((warehouseman)) warehouse operator or
grain dealer on a bond furnished under RCW 22.09.095 shall be limited
to the bond amount that would be required for that ((warehouseman))
warehouse operator or grain dealer under RCW 22.09.090.
Sec. 637 RCW 22.09.580 and 1983 c 305 s 57 are each amended to
read as follows:
If a depositor creditor after notification fails, refuses, or
neglects to file in the office of the director his or her verified
claim against a ((warehouseman)) warehouse operator or grain dealer
bond as requested by the director within thirty days from the date of
the request, the director shall thereupon be relieved of further duty
or action under this chapter on behalf of the depositor creditor.
Sec. 638 RCW 22.09.590 and 1983 c 305 s 58 are each amended to
read as follows:
Where by reason of the absence of records or other circumstances
making it impossible or unreasonable for the director to ascertain the
names and addresses of all the depositor creditors, the director after
exerting due diligence and making reasonable inquiry to secure that
information from all reasonable and available sources, may make demand
on a ((warehouseman's)) warehouse operator's or grain dealer's bond on
the basis of information then in his or her possession, and thereafter
shall not be liable or responsible for claims or the handling of claims
that may subsequently appear or be discovered.
Sec. 639 RCW 22.09.600 and 1983 c 305 s 59 are each amended to
read as follows:
Upon ascertaining all claims and statements in the manner set forth
in this chapter, the director may then make demand upon the
((warehouseman's)) warehouse operator's or grain dealer's bond on
behalf of those claimants whose claims and statements have been filed,
and has the power to settle or compromise the claims with the surety
company on the bond, and is empowered in such cases to execute and
deliver a release and discharge of the bond involved.
Sec. 640 RCW 22.09.610 and 1987 c 509 s 6 are each amended to
read as follows:
Upon the refusal of the surety company to pay the demand, the
director may thereupon bring an action on the ((warehouseman's))
warehouse operator's or grain dealer's bond in behalf of the depositor
creditors. Upon any action being commenced on the bond, the director
may require the filing of a new bond, and immediately upon the recovery
in any action on the bond, a new bond shall be filed. The failure to
file the new bond or otherwise satisfy the security requirements of
this chapter within ten days in either case constitutes grounds for the
suspension or revocation of the license of any principal on the bond.
Sec. 641 RCW 22.09.615 and 1983 c 305 s 53 are each amended to
read as follows:
(1) If no action is commenced under RCW 22.09.570 within thirty
days after written demand to the department, any depositor injured by
the failure of a licensee to comply with the condition of his or her
bond has a right of action upon the licensee's bond for the recovery of
his or her damages. The depositor shall give the department immediate
written notice of the commencement of any such action.
(2) Recovery under the bond shall be prorated when the claims
exceed the liability under the bond.
(3) Whenever the claimed shortage exceeds the amount of the bond,
it is not necessary for any depositor suing on the bond to join other
depositors in the suit, and the burden of establishing proration is on
the surety as a matter of defense.
Sec. 642 RCW 22.09.620 and 1983 c 305 s 62 are each amended to
read as follows:
Every ((warehouseman)) warehouse operator or grain dealer must pay
for agricultural commodities purchased by him or her at the time and in
the manner specified in the contract with the depositor, but if no time
is set by the contract, then within thirty days after taking possession
for purpose of sale or taking title of the agricultural product.
Sec. 643 RCW 22.09.660 and 2003 c 13 s 1 are each amended to read
as follows:
Upon determining that an emergency storage situation appears to
exist, the director may authorize the ((warehouseman)) warehouse
operator to forward grain that is covered by negotiable receipts to
other licensed warehouses for storage without canceling and reissuing
the negotiable receipts pursuant to conditions established by rule.
Sec. 644 RCW 22.09.780 and 1989 c 354 s 51 are each amended to
read as follows:
(1) In case any owner, consignee, or shipper of any commodity
included under the provisions of this chapter, or his or her agent or
broker, or any ((warehouseman)) warehouse operator shall be aggrieved
at the grading of such commodity, the person may request a reinspection
or appeal inspection within three business days from the date of
certificate. The reinspection or appeal may be based in the official
file sample or upon a new sample drawn from the lot of the grain or
commodity if the lot remains intact and available for sampling. The
reinspection or appeal inspection shall be of the same factors and
scope as the original inspection.
(2) For commodities inspected under federal standards, the
reinspection and appeal inspection procedure provided in the applicable
federal regulations shall apply. For commodities inspected under state
standards, the department shall provide a minimum of a reinspection and
appeal inspection service. The reinspection shall consist of a full
review of all relevant information and a reexamination of the commodity
to determine the correctness of the grade assigned or other
determination. The reinspection shall be performed by an authorized
inspector of the department other than the inspector who performed the
original inspection unless no other inspector is available. An appeal
inspection shall be performed by a supervisory inspector.
(3) If the grading of any commodity for which federal standards
have been fixed and the same adopted as official state standards has
not been the subject of a hearing, in accordance with subsection (2) of
this section, any interested party who is aggrieved with the grading of
such commodity, may, with the approval of the secretary of the United
States department of agriculture, appeal to the federal grain
supervisor of the supervision district in which the state of Washington
may be located. Such federal grain supervisor shall confer with the
department inspectors and any other interested party and shall make
such tests as he or she may deem necessary to determine the correct
grade of the commodity in question. Such federal grade certificate
shall be prima facie evidence of the correct grade of the commodity in
any court in the state of Washington.
Sec. 645 RCW 22.09.790 and 1963 c 124 s 46 are each amended to
read as follows:
(1) The department shall fix the fees for inspection, grading, and
weighing of the commodities included under the provisions of this
chapter, which fees shall be sufficient to cover the cost of such
service. The fees for inspection, weighing, and grading of such
commodities shall be a lien upon the commodity so weighed, graded, or
inspected which the department may require to be paid by the carrier or
agent transporting the same and treated by it as an advanced charge,
except when the bill of lading contains the notation "not for terminal
weight and grade," and the commodity is not unloaded at a terminal
warehouse.
(2) The department is authorized to make any tests relating to
grade or quality of commodities covered by this chapter. The
department may inspect and approve facilities and vessels to be used in
transporting such commodities and provide any other necessary services.
It may fix and charge a reasonable fee to be collected from the person
or his or her agent requesting such service.
(3) The department shall so adjust the fees to be collected under
this chapter as to meet the expenses necessary to carry out the
provisions hereof, and may prescribe a different scale of fees for
different localities. The department may also prescribe a reasonable
charge for service performed at places other than terminal warehouses
in addition to the regular fees when necessary to avoid rendering the
services at a loss to the state.
Sec. 646 RCW 22.09.800 and 1963 c 124 s 47 are each amended to
read as follows:
If any terminal warehouse at inspection points is provided with
proper scales and weighing facilities, the department may weigh the
commodity upon the scales so provided. The department at least once
each year shall cause to be examined, tested, and corrected, all scales
used in weighing commodities in any of the cities designated as
inspection points in this chapter or such places as may be hereinafter
designated, and after such scale is tested, if found to be correct and
in good condition, to seal the weights with a seal provided for that
purpose and issue to the owner or proprietor a certificate authorizing
the use of such scales for weighing commodities for the ensuing year,
unless sooner revoked by the department. If such scales be found to be
inaccurate or unfit for use, the department shall notify the party
operating or using them, and the party thus notified shall, at his or
her own expense, thoroughly repair the same before attempting to use
them and until thus repaired or modified to the satisfaction of the
department the certificate of such party shall be suspended or revoked
at the discretion of the department. The party receiving such
certificate shall pay to the department a reasonable fee for such
inspection and certificate to be fixed by the department. It shall be
the duty of the department to see that the provisions of this section
are strictly enforced.
Sec. 647 RCW 22.09.810 and 1963 c 124 s 48 are each amended to
read as follows:
In case any commodity under the provisions of this chapter is sold
for delivery on Washington grade to be shipped to or from places not
provided with state inspection under this chapter, the buyer, seller,
or persons making delivery may have it inspected by notifying the
department or its inspectors, whose duty it shall be to have such
commodity inspected, and after it is inspected, to issue to the buyer,
seller, or person delivering it, without undue delay, a certificate
showing the grade of such commodity. The person or persons, or his or
her agent, calling for such inspection shall pay for such inspection a
reasonable fee to be fixed by the department.
Sec. 648 RCW 22.09.820 and 1963 c 124 s 49 are each amended to
read as follows:
When commodities are shipped to points where inspection is provided
and the bill of lading does not contain the notation "not for terminal
weight and grade" and the commodity is unloaded by or on account of the
consignee or his or her assignee without being inspected or weighed by
a duly authorized inspector under the provisions of this chapter, the
shipper's weight and grade shall be conclusive and final and shall be
the weight and grade upon which settlement shall be made with the
seller, and the consignee or his or her assignee, by whom such
commodities are so unlawfully unloaded shall be liable to the seller
thereof for liquidated damages in an amount equal to ten percent of the
sale price of such commodities computed on the basis of the shipper's
weight and grade.
Sec. 649 RCW 22.09.860 and 1963 c 124 s 27 are each amended to
read as follows:
All railroad companies and ((warehousemen)) warehouse operators
operating in the cities provided for inspection by this chapter shall
furnish ample and sufficient police protection to all their several
terminal yards and terminal tracks to securely protect all cars
containing commodities while the same are in their possession. They
shall prohibit and restrain all unauthorized persons, whether under the
guise of sweepers, or under any other pretext whatever, from entering
or loitering in or about their railroad yards or tracks and from
entering any car of commodities under their control, or removing
commodities therefrom, and shall employ and detail such number of
watchmen as may be necessary for the purpose of carrying out the
provisions of this section.
Sec. 650 RCW 22.28.020 and 1983 c 3 s 26 are each amended to read
as follows:
Whenever any safe deposit company shall take or receive as bailee
for hire and for safekeeping or storage any jewelry, plate, money,
specie, bullion, stocks, bonds, mortgages, securities, or valuable
paper of any kind, or other valuable personal property, and shall have
issued a receipt therefor, it shall be deemed to be a ((warehouseman))
warehouse operator as to such property and the provisions of Article 7
of the Uniform Commercial Code, Title 62A RCW, shall apply to such
deposit, or to the proceeds thereof, to the same extent and with the
same effect, and be enforceable in the same manner as is now provided
with reference to ((warehousemen)) warehouse operators in said act.
Sec. 651 RCW 22.28.040 and 1983 c 289 s 1 are each amended to
read as follows:
If the amount due for the rental of any safe or box in the vaults
of any safe deposit company shall not have been paid for one year, it
may, at the expiration thereof, send to the person in whose name such
safe or box stands on its books a notice in writing in securely closed,
postpaid and certified mail, return receipt requested, directed to such
person at his or her post office address, as recorded upon the books of
the safe deposit company, notifying such person that if the amount due
for the rental of such safe or box is not paid within thirty days from
date, the safe deposit company will then cause such safe or box to be
opened, and the contents thereof to be inventoried, sealed, and placed
in one of its general safes or boxes.
Upon the expiration of thirty days from the date of mailing such
notice, and the failure of the person in whose name the safe or box
stands on the books of the company to pay the amount due for the rental
thereof to the date of notice, the corporation may, in the presence of
two officers of the corporation, cause such safe or box to be opened,
and the contents thereof, if any, to be removed, inventoried and sealed
in a package, upon which the officers shall distinctly mark the name of
the person in whose name the safe or box stood on the books of the
company, and the date of removal of the property, and when such package
has been so marked for identification by the officers, it shall be
placed in one of the general safes or boxes of the company at a rental
not to exceed the original rental of the safe or box which was opened,
and shall remain in such general safe or box for a period of not less
than one year, unless sooner removed by the owner thereof, and two
officers of the corporation shall thereupon file with the company a
certificate which shall fully set out the date of the opening of such
safe or box, the name of the person in whose name it stood and a
reasonable description of the contents, if any.
A copy of such certificate shall within ten days thereafter be
mailed to the person in whose name the safe or box so opened stood on
the books of the company, at his or her last known post office address,
in securely closed, postpaid and certified mail, return receipt
requested, together with a notice that the contents will be kept, at
the expense of such person, in a general safe or box in the vaults of
the company, for a period of not less than one year. At any time after
the mailing of such certificate and notice, and before the expiration
of one year, such person may require the delivery of the contents of
the safe as shown by said certificate, upon the payment of all rentals
due at the time of opening of the safe or box, the cost of opening the
box, and the payment of all further charges accrued during the period
the contents remained in the general safe or box of the company.
The company may sell all the property or articles of value set out
in said certificate, at public auction, provided a notice of the time
and place of sale has been published once within ten days prior to the
sale in a newspaper published in the county where the contents of the
safe or box (([is])) is located and where the holder chooses to conduct
the sale. If the holder chooses not to sell the contents at public
sale, the contents shall be delivered to the department of revenue as
unclaimed property.
From the proceeds of the sale, the company shall deduct amounts
which shall then be due for rental up to the time of opening the safe,
the cost of opening thereof, and the further cost of safekeeping all of
its contents for the period since the safe or box was opened, plus any
additional charges accruing to the time of sale, including advertising
and cost of sale. The balance, if any, of such proceeds, together with
any unsold property, shall be deposited by the company within thirty
days after the receipt of the same, with the department of revenue as
unclaimed property. The company shall file with such deposit a
certificate stating the name and last known place of residence of the
owner of the property sold, the articles sold, the price obtained
therefor, and showing that the notices herein required were duly mailed
and that the sale was advertised as required herein.
Sec. 652 RCW 22.32.020 and 1909 c 249 s 392 are each amended to
read as follows:
Every person or corporation engaged wholly or in part in the
business of a common carrier or ((warehouseman)) warehouse operator,
and every officer, agent or employee thereof, who shall issue any bill
of lading, receipt or other voucher by which it shall appear that any
goods, wares or merchandise have been received by such carrier or
((warehouseman)) warehouse operator, unless the same have been so
received and shall be at the time actually under his or her control, or
who shall issue any bill of lading, receipt or voucher containing any
false statement concerning any material matter, shall be guilty of a
gross misdemeanor. But no person shall be convicted under this section
for the reason that the contents of any barrel, box, case, cask or
other closed vessel or package mentioned in the bill of lading, receipt
or voucher did not correspond with the description thereof in such
instrument, if such description corresponds substantially with the mark
on the outside of such barrel, box, case, cask, vessel or package,
unless it appears that the defendant knew that such marks were untrue.
Sec. 653 RCW 22.32.030 and 1909 c 249 s 393 are each amended to
read as follows:
Every person mentioned in RCW 22.32.020, who shall fraudulently mix
or tamper with any goods, wares or merchandise under his or her
control, shall be guilty of a gross misdemeanor.
Sec. 654 RCW 23.86.085 and 1989 c 307 s 11 are each amended to
read as follows:
The directors shall elect a president and one or more vice
presidents, who need not be directors. If the president and vice
presidents are not members of the board of directors, the directors
shall elect from their number a ((chairman)) chair of the board of
directors and one or more ((vice-chairmen)) vice chairs. They shall
also elect a secretary and treasurer, who need not be directors, and
they may combine the two offices and designate the combined office as
secretary-treasurer. The treasurer may be a bank or any depository,
and as such shall not be considered an officer but a function of the
board of directors. In such case, the secretary shall perform the
usual accounting duties of the treasurer, except that the funds shall
be deposited only as authorized by the board of directors.
Sec. 655 RCW 24.03.105 and 1986 c 240 s 17 are each amended to
read as follows:
Any vacancy occurring in the board of directors and any
directorship to be filled by reason of an increase in the number of
directors may be filled by the affirmative vote of a majority of the
remaining board of directors even though less than a quorum is present
unless the articles of incorporation or the bylaws provide that a
vacancy or directorship so created shall be filled in some other
manner, in which case such provision shall control. A director elected
or appointed, as the case may be, to fill a vacancy shall be elected or
appointed for the unexpired term of his or her predecessor in office.
Sec. 656 RCW 24.03.115 and 1986 c 240 s 20 are each amended to
read as follows:
If the articles of incorporation or the bylaws so provide, the
board of directors, by resolution adopted by a majority of the
directors in office, may designate and appoint one or more committees
each of which shall consist of two or more directors, which committees,
to the extent provided in such resolution, in the articles of
incorporation or in the bylaws of the corporation, shall have and
exercise the authority of the board of directors in the management of
the corporation: PROVIDED, That no such committee shall have the
authority of the board of directors in reference to amending, altering,
or repealing the bylaws; electing, appointing, or removing any member
of any such committee or any director or officer of the corporation;
amending the articles of incorporation; adopting a plan of merger or
adopting a plan of consolidation with another corporation; authorizing
the sale, lease, or exchange of all or substantially all of the
property and assets of the corporation not in the ordinary course of
business; authorizing the voluntary dissolution of the corporation or
revoking proceedings therefor; adopting a plan for the distribution of
the assets of the corporation; or amending, altering, or repealing any
resolution of the board of directors which by its terms provides that
it shall not be amended, altered, or repealed by such committee. The
designation and appointment of any such committee and the delegation
thereto of authority shall not operate to relieve the board of
directors, or any individual director of any responsibility imposed
upon it or him or her by law.
Sec. 657 RCW 24.03.230 and 2004 c 265 s 24 are each amended to
read as follows:
A plan providing for the distribution of assets, not inconsistent
with the provisions of this chapter, may be adopted by a corporation in
the process of dissolution and shall be adopted by a corporation for
the purpose of authorizing any transfer or conveyance of assets for
which this chapter requires a plan of distribution, in the following
manner:
(1) Where there are members having voting rights, the board of
directors shall adopt a resolution recommending a plan of distribution
and directing the submission thereof to a vote at a meeting of members
having voting rights, which may be either an annual or a special
meeting. Notice in the form of a record setting forth the proposed
plan of distribution or a summary thereof shall be given to each member
entitled to vote at such meeting, within the time and in the manner
provided in this chapter for the giving of notice of meetings of
members. Such plan of distribution shall be adopted upon receiving at
least two-thirds of the votes which members present at such meeting or
represented by proxy are entitled to cast.
(2) Where there are no members, or no members having voting rights,
a plan of distribution shall be adopted at a meeting of the board of
directors upon receiving a vote of a majority of the directors in
office.
If the plan of distribution includes assets received and held by
the corporation subject to limitations described in subsection (3) of
RCW 24.03.225, notice of the adoption of the proposed plan shall be
submitted to the attorney general by registered or certified mail
directed to him or her at his or her office in Olympia, at least twenty
days prior to the meeting at which the proposed plan is to be adopted.
No plan for the distribution of such assets may be adopted without the
approval of the attorney general, or the approval of a court of
competent jurisdiction in a proceeding to which the attorney general is
made a party. In the event that an objection is not filed within
twenty days after the date of mailing, his or her approval shall be
deemed to have been given.
Sec. 658 RCW 24.03.350 and 1986 c 240 s 48 are each amended to
read as follows:
The registered agent so appointed by a foreign corporation
authorized to conduct affairs in this state shall be an agent of such
corporation upon whom any process, notice or demand required or
permitted by law to be served upon the corporation may be served.
Whenever a foreign corporation authorized to conduct affairs in
this state shall fail to appoint or maintain a registered agent in this
state, or whenever any such registered agent cannot with reasonable
diligence be found at the registered office, or whenever the
certificate of authority of a foreign corporation shall be suspended or
revoked, then the secretary of state shall be an agent of such
corporation upon whom any such process, notice, or demand may be
served. Service on the secretary of state of any such process, notice,
or demand shall be made by delivering to and leaving with the secretary
of state, or with any duly authorized clerk of the corporation
department of the secretary of state's office, duplicate copies of such
process, notice or demand. In the event any such process, notice, or
demand is served on the secretary of state, the secretary of state
shall immediately cause one of such copies thereof to be forwarded by
certified mail, addressed to the secretary of the corporation as shown
on the records of the secretary of state. Any service so had on the
secretary of state shall be returnable in not less than thirty days.
The secretary of state shall keep a record of all processes,
notices, and demands served upon the secretary of state under this
section, and shall record therein the time of such service and his or
her action with reference thereto.
Nothing herein contained shall limit or affect the right to serve
any process, notice, or demand, required or permitted by law to be
served upon a corporation in any other manner now or hereafter
permitted by law.
Sec. 659 RCW 24.03.415 and 1967 c 235 s 84 are each amended to
read as follows:
Any money received by the secretary of state under the provisions
of this chapter shall be by him or her paid into the state treasury as
provided by law.
Sec. 660 RCW 24.06.025 and 2001 c 271 s 2 are each amended to
read as follows:
The articles of incorporation shall set forth:
(1) The name of the corporation.
(2) The period of duration, which may be perpetual or for a stated
number of years.
(3) The purpose or purposes for which the corporation is organized.
(4) The qualifications and the rights and responsibilities of the
members and the manner of their election, appointment, or admission to
membership and termination of membership; and, if there is more than
one class of members or if the members of any one class are not equal,
the relative rights and responsibilities of each class or each member.
(5) If the corporation is to have capital stock:
(a) The aggregate number of shares which the corporation shall have
authority to issue; if such shares are to consist of one class only,
the par value of each of such shares, or a statement that all of such
shares are without par value; or, if such shares are to be divided into
classes, the number of shares of each class, and a statement of the par
value of the shares of each such class or that such shares are to be
without par value;
(b) If the shares are to be divided into classes, the designation
of each class and a statement of the preferences, limitations, and
relative rights in respect of the shares of each class;
(c) If the corporation is to issue the shares of any preferred or
special class in series, then the designation of each series and a
statement of the variations in the relative rights and preferences as
between series insofar as the same are to be fixed in the articles of
incorporation, and a statement of any authority to be vested in the
board of directors to establish series and fix and determine the
variations in the relative rights and preferences as between series;
(d) Any provision limiting or denying to shareholders the
preemptive right to acquire additional shares of the corporation.
(6) If the corporation is to distribute surplus funds to its
members, stockholders, or other persons, provisions for determining the
amount and time of the distribution.
(7) Provisions for distribution of assets on dissolution or final
liquidation.
(8) Whether a dissenting shareholder or member shall be limited to
a return of less than the fair value of his or her shares or
membership.
(9) The address of its initial registered office, including street
and number, and the name of its initial registered agent at such
address.
(10) The number of directors constituting the initial board of
directors, and the names and addresses of the persons who are to serve
as the initial directors.
(11) The name and address of each incorporator.
(12) Any provision, not inconsistent with law, for the regulation
of the internal affairs of the association, including:
(a) Overriding the release from liability provided in RCW
24.06.035(2); and
(b) Any provision which under this title is required or permitted
to be set forth in the bylaws.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers enumerated in this chapter.
Unless the articles of incorporation provide that a change in the
number of directors shall be made only by amendment to the articles of
incorporation, a change in the number of directors made by amendment to
the bylaws shall be controlling. In all other cases, whenever a
provision of the articles of incorporation is inconsistent with a
bylaw, the provision of the articles of incorporation shall be
controlling.
Sec. 661 RCW 24.06.055 and 1993 c 356 s 16 are each amended to
read as follows:
A corporation may change its registered office or change its
registered agent, or both, upon filing in the office of the secretary
of state a statement in the form prescribed by the secretary of state
setting forth:
(1) The name of the corporation.
(2) If the address of its registered office is to be changed, the
address to which the registered office is to be changed, including
street and number.
(3) If the current registered agent is to be changed, the name of
its successor registered agent.
(4) That the address of its registered office and the address of
the office of its registered agent, as changed, will be identical.
Such statement shall be executed by the corporation by an officer
of the corporation, and delivered to the secretary of state, together
with a written consent of the registered office to his, her, or its
appointment, if applicable. If the secretary of state finds that such
statement conforms to the provisions of this chapter, the secretary of
state shall file such statement, and upon such filing, the change of
address of the registered office, or the appointment of a new
registered agent, or both, as the case may be, shall become effective.
Any registered agent of a corporation may resign as such agent upon
filing a written notice thereof, executed in duplicate, with the
secretary of state, who shall forthwith mail a copy thereof to the
corporation in care of an officer, who is not the resigning registered
agent, at the address of such officer as shown by the most recent
annual report of the corporation. The appointment of such agent shall
terminate upon the expiration of thirty days after receipt of such
notice by the secretary of state.
Sec. 662 RCW 24.06.070 and 1969 ex.s. c 120 s 14 are each amended
to read as follows:
(1) Each corporation which is organized with capital stock shall
have the power to create and issue the number of shares stated in its
articles of incorporation. Such shares may be divided into one or more
classes, any or all of which classes may consist of shares with par
value or shares without par value, with such designations, preferences,
limitations, and relative rights as shall be stated in the articles of
incorporation. The articles of incorporation may limit or deny the
voting rights of or provide special voting rights for the shares of any
class to the extent not inconsistent with the provisions of this
chapter.
(2) Without limiting the authority herein contained, a corporation,
when so provided in its articles of incorporation, may issue shares of
preferred or special classes:
(a) Subject to the right of the corporation to redeem any of such
shares at the price fixed by the articles of incorporation for the
redemption thereof.
(b) Entitling the holders thereof to cumulative, noncumulative, or
partially cumulative dividends.
(c) Having preference over any other members or class or classes of
shares as to the payment of dividends.
(d) Having preference in the assets of the corporation over any
other members or class or classes of shares upon the voluntary or
involuntary liquidation of the corporation.
(3) The consideration for the issuance of shares may be paid in
whole or in part, in money, in other property, tangible or intangible,
or in labor or services actually performed for the corporation. When
payment of the consideration for which shares are to be issued shall
have been received by the corporation, such shares shall be deemed to
be fully paid and nonassessable.
Neither promissory notes nor future services shall constitute
payment or part payment, for shares of a corporation.
In the absence of fraud in the transaction, the judgment of the
board of directors or the shareholders, as the case may be, as to the
value of the consideration received for shares shall be conclusive.
(4) A subscription for shares of a corporation to be organized
shall be in writing and be irrevocable for a period of six months,
unless otherwise provided by the terms of the subscription agreement or
unless all of the subscribers consent to the revocation of such
subscription.
Unless otherwise provided in the subscription agreement,
subscriptions for shares, whether made before or after the organization
of a corporation, shall be paid in full at such time, or in such
installments and at such times, as shall be determined by the board of
directors. Any call made by the board of directors for payment on
subscriptions shall be uniform as to all shares of the same class or as
to all shares of the same series, as the case may be. In case of
default in the payment of any installment or call when such payment is
due, the corporation may proceed to collect the amount due in the same
manner as any debt due the corporation. The bylaws may prescribe other
penalties for failure to pay installments or calls that may become due,
but no penalty working a forfeiture of a subscription, or of the
amounts paid thereon, shall be declared as against any subscriber
unless the amount due thereon shall remain unpaid for a period of
twenty days after written demand has been made therefor. If mailed,
such written demand shall be deemed to be made when deposited in the
United States mail in a sealed envelope addressed to the subscriber at
his or her last post office address known to the corporation, with
postage thereon prepaid. In the event of the sale of any shares by
reason of any forfeiture, the excess of proceeds realized over the
amount due and unpaid on such shares shall be paid to the delinquent
subscriber or to his or her legal representative.
Sec. 663 RCW 24.06.080 and 1969 ex.s. c 120 s 16 are each amended
to read as follows:
The shares of a corporation shall be represented by certificates
signed by the president or vice president and the secretary or an
assistant secretary of the corporation, and may be sealed with the seal
of the corporation or a facsimile thereof. The signatures of the
president or vice president and the secretary or assistant secretary
upon a certificate may be facsimiles if the certificate is
countersigned by a transfer agent, or registered by a registrar, other
than the corporation itself or an employee of the corporation. In case
any officer who has signed or whose facsimile signature has been placed
upon such certificate shall have ceased to be such officer before such
certificate is issued, it may be issued by the corporation with the
same effect as if he or she were such officer at the date of its issue.
Every certificate representing shares issued by a corporation which
is authorized to issue shares of more than one class shall set forth
upon the face or back of the certificate, or shall state that the
corporation will furnish to any shareholder upon request and without
charge, a full statement of the designations, preferences, limitations,
and relative rights of the shares of each class authorized to be issued
and, if the corporation is authorized to issue any preferred or special
class in series, the variations in the relative rights and preferences
between the shares of each such series so far as the same have been
fixed and determined and the authority of the board of directors to fix
and determine the relative rights and preferences of subsequent series.
Each certificate representing shares shall state upon the face
thereof:
(1) That the corporation is organized under the laws of this state.
(2) The name of the person to whom issued.
(3) The number and class of shares, and the designation of the
series, if any, which such certificate represents.
(4) The par value of each share represented by such certificate, or
a statement that the shares are without par value.
No certificate shall be issued for any share until such share is
fully paid.
Sec. 664 RCW 24.06.085 and 1969 ex.s. c 120 s 17 are each amended
to read as follows:
A holder of or subscriber to shares of a corporation shall be under
no obligation to the corporation or its creditors with respect to such
shares other than the obligation to pay to the corporation the full
consideration for which such shares were issued or to be issued.
Any person becoming an assignee or transferee of shares or of a
subscription for shares in good faith and without knowledge or notice
that the full consideration therefor has not been paid shall not be
personally liable to the corporation or its creditors for any unpaid
portion of such consideration.
An executor, administrator, conservator, guardian, trustee,
assignee for the benefit of creditors, or receiver shall not be
personally liable to the corporation as a holder of or subscriber to
shares of a corporation but the estate and funds in his or her hands
shall be so liable.
No pledgee or other holder of shares as collateral security shall
be personally liable as a shareholder.
Sec. 665 RCW 24.06.130 and 1969 ex.s. c 120 s 26 are each amended
to read as follows:
The number of directors of a corporation shall be not less than
three and shall be fixed by the bylaws: PROVIDED, That the number of
the first board of directors shall be fixed by the articles of
incorporation. The number of directors may be increased or decreased
from time to time by amendment to the bylaws, unless the articles of
incorporation provide that a change in the number of directors shall be
made only by amendment of the articles of incorporation. No decrease
in number shall have the effect of shortening the term of any incumbent
director. In the absence of a bylaw fixing the number of directors,
the number shall be the same as that stated in the articles of
incorporation.
The directors constituting the first board of directors shall be
named in the articles of incorporation and shall hold office until the
first annual election of directors or for such other period as may be
specified in the articles of incorporation or the bylaws. Thereafter,
directors shall be elected or appointed in the manner and for the terms
provided in the articles of incorporation or the bylaws. In the
absence of a provision fixing the term of office, the term of office of
a director shall be one year.
Directors may be divided into classes and the terms of office of
the several classes need not be uniform. Each director shall hold
office for the term for which he or she is elected or appointed and
until his or her successor shall have been elected or appointed and
qualified.
A director may be removed from office pursuant to any procedure
therefor provided in the articles of incorporation.
Sec. 666 RCW 24.06.135 and 1969 ex.s. c 120 s 27 are each amended
to read as follows:
Any vacancy occurring in the board of directors and any
directorship to be filled by reason of an increase in the number of
directors may be filled by the board of directors unless the articles
of incorporation or the bylaws provide that a vacancy or directorship
so created shall be filled in some other manner. A director elected or
appointed, as the case may be, to fill a vacancy, shall be elected or
appointed for the unexpired term of his or her predecessor in office.
Sec. 667 RCW 24.06.145 and 1969 ex.s. c 120 s 29 are each amended
to read as follows:
If the articles of incorporation or the bylaws so provide, the
board of directors, by resolution adopted by a majority of the
directors in office, may designate and appoint one or more committees
each of which shall consist of two or more directors, which committees,
to the extent provided in such resolution, in the articles of
incorporation, or in the bylaws of the corporation, shall have and
exercise the authority of the board of directors in the management of
the corporation: PROVIDED, That no such committee shall have the
authority of the board of directors in reference to:
(1) Amending, altering, or repealing the bylaws;
(2) Electing, appointing, or removing any member of any such
committee or any director or officer of the corporation;
(3) Amending the articles of incorporation;
(4) Adopting a plan of merger or a plan of consolidation with
another corporation;
(5) Authorizing the sale, lease, exchange, or mortgage, of all or
substantially all of the property and assets of the corporation;
(6) Authorizing the voluntary dissolution of the corporation or
revoking proceedings therefor; or
(7) Amending, altering, or repealing any resolution of the board of
directors which by its terms provides that it shall not be amended,
altered, or repealed by such committee.
The designation and appointment of any such committee and the
delegation thereto of authority shall not operate to relieve the board
of directors, or any individual director of any responsibility imposed
upon it or him or her by law.
Sec. 668 RCW 24.06.160 and 1969 ex.s. c 120 s 32 are each amended
to read as follows:
Each corporation shall keep correct and complete books and records
of account and shall keep minutes of the proceedings of its members,
shareholders, board of directors, and committees having any of the
authority of the board of directors; and shall keep at its registered
office or principal office in this state a record of the names and
addresses of its members and shareholders entitled to vote. All books
and records of a corporation may be inspected by any member or
shareholder, or his or her agent or attorney, for any proper purpose at
any reasonable time.
Sec. 669 RCW 24.06.470 and 1969 ex.s. c 120 s 94 are each amended
to read as follows:
Each director and officer of a corporation, domestic or foreign,
who fails or refuses within the time prescribed by this chapter, to
answer truthfully and fully any interrogatories propounded to him or
her by the secretary of state in accordance with the provisions of this
chapter, or who signs any articles, statement, report, application, or
other document filed with the secretary of state, which is known to
such officer or director to be false in any material respect, shall be
deemed to be guilty of a misdemeanor, and upon conviction thereof shall
be fined in an amount not to exceed five hundred dollars on each count.
Sec. 670 RCW 24.06.475 and 1982 c 35 s 157 are each amended to
read as follows:
The secretary of state may propound to any corporation, domestic or
foreign, subject to the provisions of this chapter, and to any officer
or director thereof such interrogatories as may be reasonably necessary
and proper to enable the secretary of state to ascertain whether such
corporation has complied with all of the provisions of this chapter
applicable to such corporation. All such interrogatories shall be
answered within thirty days after the mailing thereof, or within such
additional time as shall be fixed by the secretary of state, and the
answers thereto shall be full and complete, made in writing, and under
oath. If such interrogatories are directed to an individual, they
shall be answered personally by him or her, and if directed to the
corporation they shall be answered by the president, a vice president,
a secretary or any assistant secretary thereof. The secretary of state
need not file any document to which such interrogatories relate until
such interrogatories are answered as required by this section, and even
not then if the answers thereto disclose that the document is not in
conformity with the provisions of this chapter.
The secretary of state shall certify to the attorney general, for
such action as the attorney general may deem appropriate, all
interrogatories and answers thereto which disclose a violation of any
of the provisions of this chapter.
Sec. 671 RCW 24.12.010 and 1915 c 79 s 1 are each amended to read
as follows:
Any person, being the bishop, overseer, or presiding elder of any
church or religious denomination in this state, may, in conformity with
the constitution, canons, rules, regulations, or discipline of such
church or denomination, become a corporation sole, in the manner
prescribed in this chapter, as nearly as may be; and, thereupon, said
bishop, overseer, or presiding elder, as the case may be, together with
his or her successors in office or position, by his or her official
designation, shall be held and deemed to be a body corporate, with all
the rights and powers prescribed in the case of corporations aggregate;
and with all the privileges provided by law for religious corporations.
Sec. 672 RCW 24.12.030 and 1981 c 302 s 10 are each amended to
read as follows:
Articles of incorporation shall be filed in like manner as provided
by law for corporations aggregate, and therein shall be set forth the
facts authorizing such incorporation, and declare the manner in which
any vacancy occurring in the incumbency of such bishop, overseer, or
presiding elder, as the case may be, is required by the constitution,
canons, rules, regulations, or discipline of such church or
denomination to be filled, which statement shall be verified by
affidavit, and for proof of the appointment or election of such bishop,
overseer, or presiding elder, as the case may be, or any succeeding
incumbent of such corporation, it shall be sufficient to file with the
secretary of state the original or a copy of his or her commission, or
certificate, or letters of election or appointment, duly attested:
PROVIDED, All property held in such official capacity by such bishop,
overseer, or presiding elder, as the case may be, shall be in trust for
the use, purpose, benefit, and behoof of his or her religious
denomination, society, or church.
Sec. 673 RCW 24.28.040 and 1959 c 207 s 2 are each amended to
read as follows:
No person, doing business in this state shall be entitled to use or
to register the term "grange" as part or all of his or her business
name or other name or in connection with his or her products or
services, or otherwise, unless either (1) he or she has complied with
the provisions of this chapter or (2) he or she has obtained written
consent of the Washington state grange certified thereto by its master.
Any person violating the provisions of this section may be enjoined
from using or displaying such name and doing business under such name
at the instance of the Washington state grange or any grange organized
under this chapter, or any member thereof: PROVIDED, That nothing
herein shall prevent the continued use of the term "grange" by any
person using said name prior to the adoption of this act.
For the purposes of this section "person" shall include any person,
partnership, corporation, or association of individuals.
Sec. 674 RCW 24.34.010 and 1967 c 187 s 1 are each amended to
read as follows:
Persons engaged in the production of agricultural products as
farmers, planters, ranchmen, dairymen, nut growers, or fruit growers
may act together in associations, corporate or otherwise, with or
without capital stock, in collectively processing, preparing for
market, handling, and marketing in intrastate commerce, such products
of persons so engaged. Such associations may have marketing agencies
in common; and such associations and their members may make the
necessary contracts and agreements to effect such purposes: PROVIDED,
That such associations are operated for the mutual benefit of the
members thereof, as such producers, and conform to one or both of the
following requirements:
First. That no member of the association is allowed more than one
vote because of the amount of stock or membership capital he or she may
own therein, or,
Second. That the association does not pay dividends on stock or
membership capital in excess of eight percent per annum.
And in any case to the following:
Third. That the association shall not deal in the products of
nonmembers to an amount greater in value than such as are handled by it
for members.
Sec. 675 RCW 24.34.020 and 1989 c 175 s 75 are each amended to
read as follows:
If the attorney general has reason to believe that any such
association as provided for in RCW 24.34.010 monopolizes or restrains
trade to such an extent that the price of any agricultural product is
unduly enhanced by reason thereof, he or she shall serve upon such
association a complaint stating his or her charge in that respect, to
which complaint shall be attached, or contained therein, a notice of
hearing, specifying a day and place not less than thirty days after the
service thereof, requiring the association to show cause why an order
should not be made directing it to cease and desist from monopolization
or restraint of trade.
Such hearing, and any appeal which may be made from such hearing,
shall be conducted and held subject to and in conformance with the
provisions for adjudicative proceedings and judicial review in chapter
34.05 RCW, the administrative procedure act.
Sec. 676 RCW 24.36.160 and 1959 c 312 s 16 are each amended to
read as follows:
The bylaws may provide:
(1) The amount of entrance, organization, and membership fees, if
any; the manner and method of collection of the same; and the purposes
for which they may be used.
(2) The amount which each member shall be required to pay annually,
or from time to time, if at all, to carry on the business of the
association; the charge, if any, to be paid by each member for services
rendered by the association to him or her and the time of payment and
the manner of collection; and the marketing contract between the
association and its members which every member may be required to sign.
(3) The amount of any dividends which may be declared on the stock
or membership capital, which dividends shall not exceed eight percent
per annum and which dividends shall be in the nature of interest and
shall not affect the nonprofit character of any association organized
hereunder.
Sec. 677 RCW 24.36.170 and 1959 c 312 s 17 are each amended to
read as follows:
The bylaws may provide:
(1) The number and qualification of members of the association and
the conditions precedent to membership or ownership of common stock.
(2) The method, time, and manner of permitting members to withdraw
or the holders of common stock to transfer their stock.
(3) The manner of assignment and transfer of the interest of
members and of the shares of common stock.
(4) The conditions upon which and time when membership of any
member shall cease.
(5) For the automatic suspension of the rights of a member when he
or she ceases to be eligible to membership in the association; and the
mode, manner, and effect of the expulsion of a member.
(6) The manner of determining the value of a member's interest and
provision for its purchase by the association upon the death or
withdrawal of a member or upon the expulsion of a member or forfeiture
of his or her membership, or at the option of the association, the
purchase at a price fixed by conclusive appraisal by the board of
directors; and the conditions and terms for the repurchase by the
corporation from its stockholders of their stock upon their
disqualification as stockholders.
Sec. 678 RCW 24.36.260 and 1959 c 312 s 26 are each amended to
read as follows:
When a member of an association established without shares of stock
has paid his or her membership fee in full, he or she shall receive a
certificate of membership.
Sec. 679 RCW 24.36.270 and 1959 c 312 s 27 are each amended to
read as follows:
No member shall be liable for the debts of the association to an
amount exceeding the sum remaining unpaid on his or her membership fee
or his or her subscription to the capital stock, including any unpaid
balance on any promissory note given in payment thereof.
Sec. 680 RCW 24.36.290 and 1959 c 312 s 29 are each amended to
read as follows:
In case of the expulsion of a member, and where the bylaws do not
provide any procedure or penalty, the board of directors shall
equitably and conclusively appraise his or her property interest in the
association and shall fix the amount thereof in money, which shall be
paid to him or her within one year after such expulsion.
Sec. 681 RCW 24.36.440 and 1959 c 312 s 44 are each amended to
read as follows:
The marketing contract may fix, as liquidated damages, specific
sums to be paid by the member to the association upon the breach by him
or her of any provision of the marketing contract regarding the sale or
delivery or withholding of fishery products; and may further provide
that the member will pay all costs, premiums for bonds, expenses, and
fees, in case any action is brought upon the contract by the
association; and any such provisions shall be valid and enforceable in
the courts of this state; and such clauses providing for liquidated
damages shall be enforceable as such and shall not be regarded as
penalties.
Sec. 682 RCW 24.36.460 and 1959 c 312 s 46 are each amended to
read as follows:
In any action upon such marketing agreements, it shall be
conclusively presumed that a landlord or lessor is able to control the
delivery of fishery products produced by his or her equipment by
tenants, or others, whose tenancy or possession or work on such
equipment or the terms of whose tenancy or possession or labor thereon
were created or changed after execution by the landlord or lessor, of
such a marketing agreement; and in such actions, the foregoing remedies
for nondelivery or breach shall lie and be enforceable against such
landlord or lessor.
Sec. 683 RCW 25.12.060 and 1955 c 15 s 25.12.060 are each amended
to read as follows:
The business of the partnership may be conducted under a name in
which the names of the general partners only shall be inserted, without
the addition of the word "company" or any other general term. If the
name of any special partner is used in such firm with his or her
consent or privity, he or she shall be deemed and treated as a general
partner, or if he or she personally makes any contract respecting the
concerns of the partnership with any person except the general
partners, he or she shall be deemed and treated as a general partner in
relation to such contract, unless he or she makes it appear that in
making such contract he or she acted and was recognized as a special
partner only.
Sec. 684 RCW 26.04.100 and 1967 c 26 s 5 are each amended to read
as follows:
The county auditor shall file said certificates and record them or
bind them into numbered volumes, and note on the original index to the
license issued the volume and page wherein such certificate is recorded
or bound. He or she shall enter the date of filing and his or her name
on the certificates for the files of the state registrar of vital
statistics, and transmit, by the tenth day of each month, all such
certificates filed with him or her during the preceding month.
Sec. 685 RCW 26.04.150 and 1963 c 230 s 2 are each amended to
read as follows:
Any person may secure by mail from the county auditor of the county
in the state of Washington where he or she intends to be married, an
application, and execute and acknowledge said application before a
notary public.
Sec. 686 RCW 26.04.190 and 1939 c 204 s 7 are each amended to
read as follows:
Any county auditor is hereby authorized to refuse to issue a
license to marry if, in his or her discretion, the applications
executed by the parties or information coming to his or her knowledge
as a result of the execution of said applications, justifies said
refusal: PROVIDED, HOWEVER, The denied parties may appeal to the
superior court of said county for an order to show cause, directed to
said county auditor to appear before said court to show why said court
should not grant an order to issue a license to said denied parties
and, after due hearing, or if the auditor fails to appear, said court
may in its discretion, issue an order to said auditor directing him or
her to issue said license; any hearings held by a superior court under
RCW 26.04.140 through 26.04.200 may, in the discretion of said court,
be held in chambers.
Sec. 687 RCW 26.04.220 and Code 1881 s 2393 are each amended to
read as follows:
The person solemnizing the marriage is authorized to retain in his
or her possession the license, but the county auditor who issues the
same, before delivering it, shall enter in his or her marriage record
a memorandum of the names of the parties, the consent of the parents or
guardian, if any, and the name of the affiant and the substance of the
affidavit upon which said license issued, and the date of such license.
Sec. 688 RCW 26.04.240 and Code 1881 s 2395 are each amended to
read as follows:
Any person who shall undertake to join others in marriage knowing
that he or she is not lawfully authorized so to do, or any person
authorized to solemnize marriage, who shall join persons in marriage
contrary to the provisions of this chapter, shall, upon conviction
thereof, be punished by a fine of not more than five hundred, nor less
than one hundred dollars.
Sec. 689 RCW 26.04.250 and 1979 ex.s. c 128 s 3 are each amended
to read as follows:
Every person who shall solemnize a marriage when either party
thereto is known to him or her to be under the age of legal consent or
a marriage to which, within his or her knowledge, any legal impediment
exists, shall be guilty of a gross misdemeanor.
Sec. 690 RCW 26.09.140 and 1973 1st ex.s. c 157 s 14 are each
amended to read as follows:
The court from time to time after considering the financial
resources of both parties may order a party to pay a reasonable amount
for the cost to the other party of maintaining or defending any
proceeding under this chapter and for reasonable attorneys' fees or
other professional fees in connection therewith, including sums for
legal services rendered and costs incurred prior to the commencement of
the proceeding or enforcement or modification proceedings after entry
of judgment.
Upon any appeal, the appellate court may, in its discretion, order
a party to pay for the cost to the other party of maintaining the
appeal and attorneys' fees in addition to statutory costs.
The court may order that the attorneys' fees be paid directly to
the attorney who may enforce the order in his or her name.
Sec. 691 RCW 26.09.270 and 1989 c 375 s 15 are each amended to
read as follows:
A party seeking a temporary custody order or a temporary parenting
plan or modification of a custody decree or parenting plan shall submit
together with his or her motion, an affidavit setting forth facts
supporting the requested order or modification and shall give notice,
together with a copy of his or her affidavit, to other parties to the
proceedings, who may file opposing affidavits. The court shall deny
the motion unless it finds that adequate cause for hearing the motion
is established by the affidavits, in which case it shall set a date for
hearing on an order to show cause why the requested order or
modification should not be granted.
Sec. 692 RCW 26.12.040 and 1949 c 50 s 4 are each amended to read
as follows:
In counties having more than one judge of the superior court the
presiding judge may appoint a judge other than the judge of the family
court to act as judge of the family court during any period when the
judge of the family court is on vacation, absent, or for any reason
unable to perform his or her duties. Any judge so appointed shall have
all the powers and authority of a judge of the family court in cases
under this chapter.
Sec. 693 RCW 26.26.134 and 1983 1st ex.s. c 41 s 11 are each
amended to read as follows:
A court may not order payment for support provided or expenses
incurred more than five years prior to the commencement of the action.
Any period of time in which the responsible party has concealed himself
or herself or avoided the jurisdiction of the court under this chapter
shall not be included within the five-year period.
Sec. 694 RCW 26.28.030 and 1866 p 92 s 2 are each amended to read
as follows:
A minor is bound, not only by contracts for necessaries, but also
by his or her other contracts, unless he or she disaffirms them within
a reasonable time after he or she attains his or her majority, and
restores to the other party all money and property received by him or
her by virtue of the contract, and remaining within his or her control
at any time after his or her attaining his or her majority.
Sec. 695 RCW 26.28.040 and 1866 p 93 s 3 are each amended to read
as follows:
No contract can be thus disaffirmed in cases where on account of
the minor's own misrepresentations as to his or her majority, or from
his or her having engaged in business as an adult, the other party had
good reasons to believe the minor capable of contracting.
Sec. 696 RCW 26.28.050 and 1866 p 93 s 4 are each amended to read
as follows:
When a contract for the personal services of a minor has been made
with him or her alone, and those services are afterwards performed,
payment made therefor to such minor in accordance with the terms of the
contract, is a full satisfaction for those services, and the parents or
guardian cannot recover therefor.
Sec. 697 RCW 26.28.070 and 1909 c 249 s 194 are each amended to
read as follows:
Every person who shall employ, or cause to be employed, exhibit or
have in his or her custody for exhibition or employment any minor
actually or apparently under the age of eighteen years; and every
parent, relative, guardian, employer, or other person having the care,
custody, or control of any such minor, who shall in any way procure or
consent to the employment of such minor:
(1) In begging, receiving alms, or in any mendicant occupation; or,
(2) In any indecent or immoral exhibition or practice; or,
(3) In any practice or exhibition dangerous or injurious to life,
limb, health, or morals; or,
(4) As a messenger for delivering letters, telegrams, packages, or
bundles, to any known house of prostitution or assignation;
Shall be guilty of a misdemeanor.
Sec. 698 RCW 26.30.020 and 1970 ex.s. c 4 s 2 are each amended to
read as follows:
Any written obligation signed by a minor sixteen or more years of
age in consideration of an educational loan received by him or her from
any person is enforceable as if he or she were an adult at the time of
execution, but only if prior to the making of the educational loan an
educational institution has certified in writing to the person making
the educational loan that the minor is enrolled, or has been accepted
for enrollment, in the educational institution.
Sec. 699 RCW 26.40.080 and 1955 c 272 s 8 are each amended to
read as follows:
It shall be the responsibility of the state and the appropriate
departments and agencies thereof to discover methods and procedures by
which the mental and/or physical health of the child in custody may be
improved and, with the consent of the co-custodians, to apply those
methods and procedures. The co-custodians other than the state shall
have no financial responsibility for the child committed to their co-custody except as they may in written agreement with the state accept
such responsibility. At any time after the commitment of such child
they may inquire into his or her well-being, and the state and any of
its agencies may do nothing with respect to the child that would in any
way affect his or her mental or physical health without the consent of
the co-custodians. The legal status of the child may not be changed
without the consent of the co-custodians. If it appears to the state
as co-custodian of a child that the health and/or welfare of such child
is impaired or jeopardized by the failure of the co-custodians other
than the state to consent to the application of certain methods and
procedures with respect to such child, the state through its proper
department or agency may petition the court for an order to proceed
with such methods and procedures. Upon the filing of such petition a
hearing shall be held in open court, and if the court finds that such
petition should be granted it shall issue the order.
Sec. 700 RCW 27.12.080 and 1941 c 65 s 5 are each amended to read
as follows:
Two or more counties, or other governmental units, by action of
their legislative bodies, may join in establishing and maintaining a
regional library under the terms of a contract to which all will agree.
The expenses of the regional library shall be apportioned between or
among the contracting parties concerned on such basis as shall be
agreed upon in the contract. The treasurer of one of the governmental
units, as shall be provided in the contract, shall have the custody of
the funds of the regional library; and the treasurers of the other
governmental units concerned shall transfer quarterly to him or her all
moneys collected for free public library purposes in their respective
governmental units. If the legislative body of any governmental unit
decides to withdraw from a regional library contract, the governmental
unit withdrawing shall be entitled to a division of the property on the
basis of its contributions.
Sec. 701 RCW 27.12.160 and 1947 c 75 s 8 are each amended to read
as follows:
The board of trustees of an intercounty rural library district
shall designate the county treasurer of one of the counties included in
the district to act as treasurer for the district. All moneys raised
for the district by taxation within the participating counties or
received by the district from any other sources shall be paid over to
him or her, and he or she shall disburse the funds of the district upon
warrants drawn thereon by the auditor of the county to which he or she
belongs pursuant to vouchers approved by the trustees of the district.
Sec. 702 RCW 27.12.180 and 1941 c 65 s 6 are each amended to read
as follows:
Instead of establishing or maintaining an independent library, the
legislative body of any governmental unit authorized to maintain a
library shall have power to contract to receive library service from an
existing library, the board of trustees of which shall have reciprocal
power to contract to render the service with the consent of the
legislative body of its governmental unit. Such a contract shall
require that the existing library perform all the functions of a
library within the governmental unit wanting service. In like manner
a legislative body may contract for library service from a library not
owned by a public corporation but maintained for free public use:
PROVIDED, That such a library be subject to inspection by the state
librarian and be certified by him or her as maintaining a proper
standard. Any school district may contract for school library service
from any existing library, such service to be paid for from funds
available to the school district for library purposes.
Sec. 703 RCW 27.12.210 and 1982 c 123 s 9 are each amended to
read as follows:
The trustees, immediately after their appointment or election,
shall meet and organize by the election of such officers as they deem
necessary. They shall:
(1) Adopt such bylaws, rules, and regulations for their own
guidance and for the government of the library as they deem expedient;
(2) Have the supervision, care, and custody of all property of the
library, including the rooms or buildings constructed, leased, or set
apart therefor;
(3) Employ a librarian, and upon his or her recommendation employ
such other assistants as may be necessary, all in accordance with the
provisions of RCW 27.08.010, prescribe their duties, fix their
compensation, and remove them for cause;
(4) Submit annually to the legislative body a budget containing
estimates in detail of the amount of money necessary for the library
for the ensuing year; except that in a library district the board of
library trustees shall prepare its budget, certify the same and deliver
it to the board of county commissioners in ample time for it to make
the tax levies for the purpose of the district;
(5) Have exclusive control of the finances of the library;
(6) Accept such gifts of money or property for library purposes as
they deem expedient;
(7) Lease or purchase land for library buildings;
(8) Lease, purchase, or erect an appropriate building or buildings
for library purposes, and acquire such other property as may be needed
therefor;
(9) Purchase books, periodicals, maps, and supplies for the
library; and
(10) Do all other acts necessary for the orderly and efficient
management and control of the library.
Sec. 704 RCW 27.12.240 and 1965 c 122 s 4 are each amended to
read as follows:
After a library shall have been established or library service
contracted for, the legislative body of the governmental unit for which
the library was established or the service engaged, shall appropriate
money annually for the support of the library. All funds for the
library, whether derived from taxation or otherwise, shall be in the
custody of the treasurer of the governmental unit, and shall be
designated by him or her in some manner for identification, and shall
not be used for any but library purposes. The board of trustees shall
have the exclusive control of expenditures for library purposes subject
to any examination of accounts required by the state and money shall be
paid for library purposes only upon vouchers of the board of trustees,
without further audit. The board shall not make expenditures or incur
indebtedness in any year in excess of the amount of money appropriated
and/or available for library purposes.
Sec. 705 RCW 27.18.030 and 1965 ex.s. c 93 s 3 are each amended
to read as follows:
The state librarian shall be the compact administrator pursuant to
Article X of the compact. The state librarian shall appoint one or
more deputy compact administrators. Every library agreement made
pursuant to Article VI of the compact shall, as a condition precedent
to its entry into force, be submitted to the state librarian for his or
her recommendations.
Sec. 706 RCW 27.24.020 and 2005 c 63 s 2 are each amended to read
as follows:
(1) Unless a regional law library is created pursuant to RCW
27.24.062, every county with a population of three hundred thousand or
more must have a board of law library trustees consisting of five
members to be constituted as follows: The ((chairman)) chair of the
county legislative authority is an ex officio trustee, the judges of
the superior court of the county shall choose two of their number to be
trustees, and the members of the county bar association shall choose
two members of the bar of the county to be trustees.
(2) Unless a regional law library is created pursuant to RCW
27.24.062, every county with a population of eight thousand or more but
less than three hundred thousand must have a board of law library
trustees consisting of five members to be constituted as follows: The
((chairman)) chair of the county legislative authority is an ex officio
trustee, the judges of the superior court of the county shall choose
one of their number to be a trustee, and the members of the county bar
association shall choose three members of the county to be trustees.
If there is no county bar association, then the lawyers of the county
shall choose three of their number to be trustees.
(3) If a county has a population of less than eight thousand, then
the provisions contained in RCW 27.24.068 shall apply to the
establishment and operation of the county law library.
(4) If a regional law library is created pursuant to RCW 27.24.062,
then it shall be governed by one board of trustees. The board shall
consist of the following representatives from each county: The judges
of the superior court of the county shall choose one of their number to
be a trustee, the county legislative authority shall choose one of
their number to be a trustee, and the members of the county bar
association shall choose one member of the bar of the county to be a
trustee. If there is no county bar association, then the lawyers of
the county shall choose one of their number to be a trustee.
(5) The term of office of a member of the board who is a judge is
for as long as he or she continues to be a judge, and the term of a
member who is from the bar is four years. Vacancies shall be filled as
they occur and in the manner directed in this section. The office of
trustee shall be without salary or other compensation. The board shall
elect one of their number president and the librarian shall act as
secretary, except that in counties with a population of eight thousand
or more but less than three hundred thousand, the board shall elect one
of their number to act as secretary if no librarian is appointed.
Meetings shall be held at least once per year, and if more often, then
at such times as may be prescribed by rule.
Sec. 707 RCW 27.40.034 and 1985 c 469 s 13 are each amended to
read as follows:
The board of regents may provide, by rule or regulation, for:
(1) The permanent acquisition of documents or materials on loan to
the state museum at the University of Washington, if the documents or
materials have not been claimed by the owner thereof within ninety days
after notice is sent by certified mail, return receipt requested, to
the owner at his or her last known address by the board of regents and
if the certified letter be returned because it could not be delivered
to the addressee, public notice shall be published by the University of
Washington once each week during two successive weeks in a newspaper
circulating in the city of Seattle and the county of King describing
the unclaimed documents or materials, giving the name of the reputed
owner thereof and requesting all persons who may have any knowledge of
the whereabouts of the owner to contact the office of the museum of the
University of Washington: PROVIDED HOWEVER, That more than one item
may be described in each of the notices;
(2) The return to the rightful owner of documents or materials in
the possession of the museum, which documents or materials are
determined to have been stolen: PROVIDED, That any person claiming to
be the rightful legal owner of the documents or materials who wishes to
challenge the determination by the board shall have the right to
commence a declaratory judgment action pursuant to chapter 7.24 RCW in
the superior court for King county to determine the validity of his or
her claim of ownership to the documents or materials.
Sec. 708 RCW 28A.320.430 and 1990 c 33 s 338 are each amended to
read as follows:
All such special meetings shall be held at such schoolhouse or
place as the board of directors may determine. The voting shall be by
ballot, the ballots to be of white paper of uniform size and quality.
At least ten days' notice of such special meeting shall be given by the
school district superintendent, in the manner that notice is required
to be given of the annual school election, which notice shall state the
object or objects for which the meeting is to be held, and no other
business shall be transacted at such meeting than such as is specified
in the notice. The school district superintendent shall be the
secretary of the meeting, and the ((chairman)) chair of the board of
directors or, in his or her absence, the senior director present, shall
be ((chairman)) chair of the meeting: PROVIDED, That in the absence of
one or all of said officials, the qualified electors present may elect
a ((chairman)) chair or secretary, or both ((chairman)) chair and
secretary, of said meeting as occasion may require, from among their
number. The secretary of the meeting shall make a record of the
proceedings of the meeting, and when the secretary of such meeting has
been elected by the qualified voters present, he or she shall within
ten days thereafter, file the record of the proceedings, duly
certified, with the superintendent of the district, and said records
shall become a part of the records of the district, and be preserved as
other records.
Sec. 709 RCW 28B.10.310 and 1983 c 167 s 31 are each amended to
read as follows:
Each issue or series of such bonds: Shall be sold at such price
and at such rate or rates of interest; may be serial or term bonds; may
mature at such time or times in not to exceed forty years from date of
issue; may be sold at public or private sale; may be payable both
principal and interest at such place or places; may be subject to
redemption prior to any fixed maturities; may be in such denominations;
may be payable to bearer or to the purchaser or purchasers thereof or
may be registrable as to principal or principal and interest as
provided in RCW 39.46.030; may be issued under and subject to such
terms, conditions, and covenants providing for the payment of the
principal thereof and interest thereon, which may include the creation
and maintenance of a reserve fund or account to secure the payment of
such principal and interest and a provision that additional bonds
payable out of the same source or sources may later be issued on a
parity therewith, and such other terms, conditions, covenants, and
protective provisions safeguarding such payment, all as determined and
found necessary and desirable by said boards of regents or trustees.
If found reasonably necessary and advisable, such boards of regents or
trustees may select a trustee for the owners of each such issue or
series of bonds and/or for the safeguarding and disbursements of the
proceeds of their sale for the uses and purposes for which they were
issued and, if such trustee or trustees are so selected, shall fix its
or their rights, duties, powers, and obligations. The bonds of each
such issue or series: Shall be executed on behalf of such universities
or colleges by the president of the board of regents or the
((chairman)) chair of the board of trustees, and shall be attested by
the secretary or the treasurer of such board, one of which signatures
may be a facsimile signature; and shall have the seal of such
university or college impressed, printed, or lithographed thereon, and
any interest coupons attached thereto shall be executed with the
facsimile signatures of said officials. The bonds of each such issue
or series and any of the coupons attached thereto shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state even though they shall be payable solely
from any special fund or funds.
Sec. 710 RCW 28B.10.510 and 1973 c 62 s 3 are each amended to
read as follows:
The attorney general of the state shall be the legal advisor to the
presidents and the boards of regents and trustees of the institutions
of higher education and he or she shall institute and prosecute or
defend all suits in behalf of the same.
Sec. 711 RCW 28B.10.520 and 1977 ex.s. c 169 s 22 are each
amended to read as follows:
Each member of a board of regents or board of trustees of a
university or other state institution of higher education, before
entering upon his or her duties, shall take and subscribe an oath to
discharge faithfully and honestly his or her duties and to perform
strictly and impartially the same to the best of his or her ability,
such oath to be filed with the secretary of state.
Sec. 712 RCW 28B.10.528 and 1971 ex.s. c 57 s 21 are each amended
to read as follows:
The governing boards of institutions of higher education shall have
power, when exercised by resolution, to delegate to the president or
his or her designee, of their respective university or college, any of
the powers and duties vested in or imposed upon such governing board by
law. Delegated powers and duties may be exercised in the name of the
respective governing boards.
Sec. 713 RCW 28B.10.567 and 1987 c 185 s 2 are each amended to
read as follows:
The boards of regents of the state universities and board of
trustees of the regional universities and the board of trustees of The
Evergreen State College are authorized and empowered, under such rules
and regulations as any such board may prescribe for the duly sworn
police officers employed by any such board as members of a police force
established pursuant to RCW 28B.10.550, to provide for the payment of
death or disability benefits or medical expense reimbursement for
death, disability, or injury of any such duly sworn police officer who,
in the line of duty, loses his or her life or becomes disabled or is
injured, and for the payment of such benefits to be made to any such
duly sworn police officer or his or her surviving spouse or the legal
guardian of his or her child or children, as defined in RCW
41.26.030(((7))) (6), or his or her estate: PROVIDED, That the duty-related benefits authorized by this section shall in no event be
greater than the benefits authorized on June 25, 1976, for duty-related
death, disability, or injury of a law enforcement officer under chapter
41.26 RCW: PROVIDED FURTHER, That the duty-related benefits authorized
by this section shall be reduced to the extent of any amounts received
or eligible to be received on account of the duty-related death,
disability, or injury to any such duly sworn police officer, his or her
surviving spouse, the legal guardian of his or her child or children,
or his or her estate, under workers' compensation, social security
including the changes incorporated under Public Law 89-97 as now or
hereafter amended, or disability income insurance and health care plans
under chapter 41.05 RCW.
Sec. 714 RCW 28B.10.844 and 1972 ex.s. c 23 s 3 are each amended
to read as follows:
The board of regents and the board of trustees of each of the
state's institutions of higher education and governing body of an
educational board are authorized to purchase insurance to protect and
hold personally harmless any regent, trustee, officer, employee, or
agent of their respective institution, any member of an educational
board, its officers, employees or agents, from any action, claim, or
proceeding instituted against him or her arising out of the performance
or failure of performance of duties for or employment with such
institution or educational board and to hold him or her harmless from
any expenses connected with the defense, settlement, or monetary
judgments from such actions.
Sec. 715 RCW 28B.14D.090 and 1979 ex.s. c 253 s 9 are each
amended to read as follows:
The bonds authorized by this chapter shall be issued only after an
officer designated by the board of regents or board of trustees of each
institution of higher education receiving an appropriation from the
higher education construction account has certified, based upon his or
her estimates of future tuition income and other factors, that an
adequate balance will be maintained in that institution's building
account or capital projects account to enable the board to meet the
requirements of RCW 28B.14D.070 during the life of the bonds to be
issued.
Sec. 716 RCW 28B.14G.080 and 1981 c 233 s 8 are each amended to
read as follows:
The bonds authorized by this chapter shall be issued only after an
officer designated by the board of regents or board of trustees of each
institution of higher education receiving an appropriation from the
higher education construction account has certified, based upon his or
her estimates of future tuition income and other factors, that an
adequate balance will be maintained in that institution's building
account or capital projects account to enable the board to meet the
requirements of RCW 28B.14G.060 during the life of the bonds to be
issued: PROVIDED, That with respect to any hospital-related project at
the University of Washington, it shall be certified, based on estimates
of the hospital's adjusted gross revenues and other factors, that an
adequate balance will be maintained in that institution's local
hospital account to enable the board to meet the requirements of RCW
28B.14G.060 during the life of the bonds to be issued.
Sec. 717 RCW 28B.20.105 and 1969 ex.s. c 223 s 28B.20.105 are
each amended to read as follows:
The board shall organize by electing from its membership a
president and an executive committee, of which committee the president
shall be ex officio ((chairman)) chair. The board may adopt bylaws or
rules and regulations for its own government. The board shall hold
regular quarterly meetings, and during the interim between such
meetings the executive committee may transact business for the whole
board: PROVIDED, That the executive committee may call special
meetings of the whole board when such action is deemed necessary.
Sec. 718 RCW 28B.20.110 and 1969 ex.s. c 223 s 28B.20.110 are
each amended to read as follows:
The board shall appoint a secretary and a treasurer who shall hold
their respective offices during the pleasure of the board and carry out
such respective duties as the board shall prescribe. In addition to
such other duties as the board prescribes, the secretary shall record
all proceedings of the board and carefully preserve the same. The
treasurer shall give bond for the faithful performance of the duties of
his or her office in such amount as the regents may require: PROVIDED,
That the university shall pay the fee for such bond.
Sec. 719 RCW 28B.20.328 and 1969 ex.s. c 46 s 3 are each amended
to read as follows:
(1) Any lease of public lands with outdoor recreation potential
authorized by the regents of the University of Washington shall be open
and available to the public for compatible recreational use unless the
regents of the University of Washington determine that the leased land
should be closed in order to prevent damage to crops or other land
cover, to improvements on the land, to the lessee, or to the general
public or is necessary to avoid undue interference with carrying
forward a university program. Any lessee may file an application with
the regents of the University of Washington to close the leased land to
any public use. The regents shall cause a written notice of the
impending closure to be posted in a conspicuous place in the
university's business office and in the office of the county auditor in
which the land is located thirty days prior to the public hearing.
This notice shall state the parcel or parcels involved and shall
indicate the time and place of the public hearing. Upon a
determination by the regents that posting is not necessary, the lessee
shall desist from posting. Upon a determination by the regents that
posting is necessary, the lessee shall post his or her leased premises
so as to prohibit recreational uses thereon. In the event any such
lands are so posted, it shall be unlawful for any person to hunt or
fish, or for any person other than the lessee or his or her immediate
family to use any such posted lands for recreational purposes.
(2) The regents of the University of Washington may insert the
provisions of subsection (1) of this section in all leases hereafter
issued.
Sec. 720 RCW 28B.20.456 and 1973 c 62 s 9 are each amended to
read as follows:
There is hereby created an advisory committee to the environmental
research facility consisting of eight members. Membership on the
committee shall consist of the director of the department of labor and
industries, the assistant secretary for the division of health services
of the department of social and health services, the president of the
Washington state labor council, the president of the association of
Washington business, the dean of the school of public health and
community medicine of the University of Washington, the dean of the
school of engineering of the University of Washington, the president of
the Washington state medical association, or their representatives, and
the ((chairman)) chair of the department of environmental health of the
University of Washington, who shall be ex officio ((chairman)) chair of
the committee without vote. Such committee shall meet at least
semiannually at the call of the ((chairman)) chair. Members shall
serve without compensation. It shall consult, review and evaluate
policies, budgets, activities, and programs of the facility relating to
industrial and occupational health to the end that the facility will
serve in the broadest sense the health of the ((workman)) worker as it
may be related to his or her employment.
Sec. 721 RCW 28B.30.125 and 1969 ex.s. c 223 s 28B.30.125 are
each amended to read as follows:
The board of regents shall meet and organize by the election of a
president from their own number on or as soon as practicable after the
first Wednesday in April of each year.
The board president shall be the chief executive officer of the
board and shall preside at all meetings thereof, except that in his or
her absence the board may appoint a ((chairman)) chair pro tempore.
The board president shall sign all instruments required to be executed
by said board other than those for the disbursement of funds.
The board may adopt bylaws for its own organizational purposes and
enact laws for the government of the university and its properties.
Sec. 722 RCW 28B.30.130 and 1969 ex.s. c 223 s 28B.30.130 are
each amended to read as follows:
The board of regents shall appoint a treasurer who shall be the
financial officer of the board and who shall hold office during the
pleasure of the board. The treasurer shall render a true and faithful
account of all moneys received and paid out by him or her, and shall
give bond for the faithful performance of the duties of his or her
office in such amount as the regents require: PROVIDED, That the
university shall pay the fee for such bond.
The treasurer shall make disbursements of the funds in his or her
hands on the order of the board, which order shall be countersigned by
the secretary of the board, and shall state on what account the
disbursement is made.
Sec. 723 RCW 28B.30.135 and 1969 ex.s. c 223 s 28B.30.135 are
each amended to read as follows:
The president of the university shall be secretary of the board of
regents but he or she shall not have the right to vote; as such he or
she shall be the recording officer of said board, shall attest all
instruments required to be signed by the board president, shall keep a
true record of all the proceedings of the board, and shall perform all
the duties pertaining to the office and do all other things required of
him or her by the board. The secretary shall give a bond in the penal
sum of not less than five thousand dollars conditioned for the faithful
performance of his or her duties as such officer: PROVIDED, That the
university shall pay the fee for such bond.
Sec. 724 RCW 28B.30.325 and 1969 ex.s. c 46 s 4 are each amended
to read as follows:
(1) Any lease of public lands with outdoor recreation potential
authorized by the regents of Washington State University shall be open
and available to the public for compatible recreational use unless the
regents of Washington State University determine that the leased land
should be closed in order to prevent damage to crops or other land
cover, to improvements on the land, to the lessee, or to the general
public or is necessary to avoid undue interference with carrying
forward a university program. Any lessee may file an application with
the regents of Washington State University to close the leased land to
any public use. The regents shall cause written notice of the
impending closure to be posted in a conspicuous place in the
university's business office, and in the office of the county auditor
in which the land is located thirty days prior to the public hearing.
This notice shall state the parcel or parcels involved and shall
indicate the time and place of the public hearing. Upon a
determination by the regents that posting is not necessary, the lessee
shall desist from posting. Upon a determination by the regents that
posting is necessary, the lessee shall post his or her leased premises
so as to prohibit recreational uses thereon. In the event any such
lands are so posted, it shall be unlawful for any person to hunt or
fish, or for any person other than the lessee or his or her immediate
family to use such posted land for recreational purposes.
(2) The regents of Washington State University may insert the
provisions of subsection (1) of this section in all leases hereafter
issued.
Sec. 725 RCW 28B.31.090 and 1977 ex.s. c 344 s 9 are each amended
to read as follows:
The bonds authorized by this chapter shall be issued only after an
officer of Washington State University, designated by the Washington
State University board of regents, has certified, based upon his or her
estimates of future tuition income and other factors, that an adequate
balance will be maintained in the Washington State University building
account to enable the board of regents to meet the requirements of RCW
28B.31.070 during the life of the bonds to be issued.
Sec. 726 RCW 28B.35.105 and 1977 ex.s. c 169 s 46 are each
amended to read as follows:
Each board of regional university trustees shall elect one of its
members ((chairman)) chair, and it shall elect a secretary, who may or
may not be a member of the board. Each board shall have power to adopt
bylaws for its government and for the government of the school, which
bylaws shall not be inconsistent with law, and to prescribe the duties
of its officers, committees, and employees. A majority of the board
shall constitute a quorum for the transaction of all business.
Sec. 727 RCW 28B.35.110 and 1977 ex.s. c 169 s 47 are each
amended to read as follows:
Each board of regional university trustees shall hold at least two
regular meetings each year, at such times as may be provided by the
board. Special meetings shall be held as may be deemed necessary,
whenever called by the ((chairman)) chair or by a majority of the
board. Public notice of all meetings shall be given in accordance with
chapter 42.32 RCW.
Sec. 728 RCW 28B.35.120 and 2006 c 263 s 824 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, each
board of trustees of the respective regional universities:
(1) Shall have full control of the regional university and its
property of various kinds, except as otherwise provided by law.
(2) Shall employ the president of the regional university, his or
her assistants, members of the faculty, and other employees of the
institution, who, except as otherwise provided by law, shall hold their
positions, until discharged therefrom by the board for good and lawful
reason.
(3) With the assistance of the faculty of the regional university,
shall prescribe the course of study in the various schools and
departments thereof and publish such catalogues thereof as the board
deems necessary: PROVIDED, That the Washington professional educator
standards board shall determine the requisites for and give program
approval of all courses leading to teacher certification by such board.
(4) Establish such divisions, schools, or departments necessary to
carry out the purposes of the regional university and not otherwise
proscribed by law.
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
regional university.
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the regional university.
(8) May establish, lease, operate, equip, and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended.
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to regional university
purposes.
(10) May receive such gifts, grants, conveyances, devises, and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the regional university
programs; sell, lease, or exchange, invest or expend the same or the
proceeds, rents, profits, and income thereof except as limited by the
terms and conditions thereof; and adopt regulations to govern the
receipt and expenditure of the proceeds, rents, profits, and income
thereof.
(11) Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus
facilities.
(12) May promulgate such rules and regulations, and perform all
other acts not forbidden by law, as the board of trustees may in its
discretion deem necessary or appropriate to the administration of the
regional university.
Sec. 729 RCW 28B.35.230 and 1977 ex.s. c 169 s 53 are each
amended to read as follows:
Every diploma issued by a regional university shall be signed by
the ((chairman)) chair of the board of trustees and by the president of
the regional university issuing the same, and sealed with the
appropriate seal. In addition to the foregoing, teaching certificates
shall be countersigned by the state superintendent of public
instruction. Every certificate shall specifically state what course of
study the holder has completed and for what length of time such
certificate is valid in the schools of the state.
Sec. 730 RCW 28B.35.310 and 1977 ex.s. c 169 s 56 are each
amended to read as follows:
It shall thereupon be the duty of the board of the school district
or districts with which such statement has been filed, to apportion for
attendance to the said model school or training department, a
sufficient number of pupils from the public schools under the
supervision of said board as will furnish to such regional university
the number of pupils required in order to maintain such facility:
PROVIDED, That the president of said regional university may refuse to
accept any such pupil as in his or her judgment would tend to reduce
the efficiency of said model school or training department.
Sec. 731 RCW 28B.35.730 and 1985 c 390 s 51 are each amended to
read as follows:
For the purpose of financing the cost of any projects, each of the
boards is hereby authorized to adopt the resolution or resolutions and
prepare all other documents necessary for the issuance, sale, and
delivery of the bonds or any part thereof at such time or times as it
shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state; or
(b) A general obligation of the university or college or of the
board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars;
and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the university or college by the
((chairman)) chair of the board, attested by the secretary of the
board, have the seal of the university or college impressed thereon or
a facsimile of such seal printed or lithographed in the bottom border
thereof, and the coupons attached thereto shall be signed with the
facsimile signatures of such ((chairman)) chair and the secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within
the series; and
(c) That the bond is payable both principal and interest solely out
of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable either
annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond
retirement fund;
(6) Shall be payable at such times over a period of not to exceed
forty years from date of issuance, at such place or places, and with
such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may
prescribe;
(8) Shall be issued under and subject to such terms, conditions,
and covenants providing for the payment of the principal thereof and
interest thereon and such other terms, conditions, covenants, and
protective provisions safeguarding such payment, not inconsistent with
RCW 28B.35.700 through 28B.35.790, as now or hereafter amended, and as
found to be necessary by the board for the most advantageous sale
thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained, and collected in such amounts that will provide money
sufficient to pay the principal of and interest on all bonds payable
out of the bond retirement fund, to set aside and maintain the reserves
required to secure the payment of such principal and interest, and to
maintain any coverage which may be required over such principal and
interest;
(b) A covenant that a reserve account shall be created in the bond
retirement fund to secure the payment of the principal of and interest
on all bonds issued and a provision made that certain amounts be set
aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the
capital projects account of the university or college issuing the bonds
to the bond retirement fund of such university or college when ordered
by the board of trustees in the event there is ever an insufficient
amount of money in the bond retirement fund to pay any installment of
interest or principal and interest coming due on the bonds or any of
them;
(d) A covenant fixing conditions under which bonds on a parity with
any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of accrued
interest which shall be deposited in the bond retirement fund, shall be
deposited in the state treasury to the credit of the capital projects
account of the university or college issuing the bonds and shall be
used solely for paying the costs of the projects.
Sec. 732 RCW 28B.40.105 and 1977 ex.s. c 169 s 66 are each
amended to read as follows:
The board of The Evergreen State College trustees shall elect one
of its members ((chairman)) chair, and it shall elect a secretary, who
may or may not be a member of the board. The board shall have power to
adopt bylaws for its government and for the government of the school,
which bylaws shall not be inconsistent with law, and to prescribe the
duties of its officers, committees, and employees. A majority of the
board shall constitute a quorum for the transaction of all business.
Sec. 733 RCW 28B.40.110 and 1977 ex.s. c 169 s 67 are each
amended to read as follows:
The board of The Evergreen State College trustees shall hold at
least two regular meetings each year, at such times as may be provided
by the board. Special meetings shall be held as may be deemed
necessary, whenever called by the ((chairman)) chair or by a majority
of the board. Public notice of all meetings shall be given in
accordance with chapter 42.32 RCW.
Sec. 734 RCW 28B.40.120 and 2006 c 263 s 825 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, the
board of trustees of The Evergreen State College:
(1) Shall have full control of the state college and its property
of various kinds, except as otherwise provided by law.
(2) Shall employ the president of the state college, his or her
assistants, members of the faculty, and other employees of the
institution, who, except as otherwise provided by law, shall hold their
positions, until discharged therefrom by the board for good and lawful
reason.
(3) With the assistance of the faculty of the state college, shall
prescribe the course of study in the various schools and departments
thereof and publish such catalogues thereof as the board deems
necessary: PROVIDED, That the Washington professional educator
standards board shall determine the requisites for and give program
approval of all courses leading to teacher certification by such board.
(4) Establish such divisions, schools, or departments necessary to
carry out the purposes of the college and not otherwise proscribed by
law.
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
college.
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the college.
(8) May establish, lease, operate, equip, and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended.
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to college purposes.
(10) May receive such gifts, grants, conveyances, devises, and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the college programs; sell,
lease, or exchange, invest or expend the same or the proceeds, rents,
profits, and income thereof except as limited by the terms and
conditions thereof; and adopt regulations to govern the receipt and
expenditure of the proceeds, rents, profits, and income thereof.
(11) Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus
facilities.
(12) May promulgate such rules and regulations, and perform all
other acts not forbidden by law, as the board of trustees may in its
discretion deem necessary or appropriate to the administration of the
college.
Sec. 735 RCW 28B.40.195 and 1977 c 52 s 1 are each amended to
read as follows:
Each board of state college trustees shall appoint a treasurer who
shall be the financial officer of the board and who shall hold office
during the pleasure of the board. Each treasurer shall render a true
and faithful account of all moneys received and paid out by him or her,
and shall give bond for the faithful performance of the duties of his
or her office in such amount as the trustees require: PROVIDED, That
the respective colleges shall pay the fees for any such bonds.
Sec. 736 RCW 28B.40.230 and 1977 ex.s. c 169 s 72 are each
amended to read as follows:
Every diploma issued by The Evergreen State College shall be signed
by the ((chairman)) chair of the board of trustees and by the president
of the state college, and sealed with the appropriate seal. In
addition to the foregoing, teaching certificates shall be countersigned
by the state superintendent of public instruction. Every certificate
shall specifically state what course of study the holder has completed
and for what length of time such certificate is valid in the schools of
the state.
Sec. 737 RCW 28B.40.310 and 1977 ex.s. c 169 s 75 are each
amended to read as follows:
It shall thereupon be the duty of the board of the school district
or districts with which such statement has been filed, to apportion for
attendance to the said model school or training department, a
sufficient number of pupils from the public schools under the
supervision of said board as will furnish to The Evergreen State
College the number of pupils required in order to maintain such
facility: PROVIDED, That the president of said state college may
refuse to accept any such pupil as in his or her judgment would tend to
reduce the efficiency of said model school or training department.
Sec. 738 RCW 28B.50.060 and 1994 c 154 s 306 are each amended to
read as follows:
A director of the state system of community and technical colleges
shall be appointed by the college board and shall serve at the pleasure
of the college board. The director shall be appointed with due regard
to the applicant's fitness and background in education, and knowledge
of and recent practical experience in the field of educational
administration particularly in institutions beyond the high school
level. The college board may also take into consideration an
applicant's proven management background even though not particularly
in the field of education.
The director shall devote his or her time to the duties of his or
her office and shall not have any direct pecuniary interest in or any
stock or bonds of any business connected with or selling supplies to
the field of education within this state, in keeping with chapter 42.52
RCW.
The director shall receive a salary to be fixed by the college
board and shall be reimbursed for travel expenses incurred in the
discharge of his or her official duties in accordance with RCW
43.03.050 and 43.03.060.
The director shall be the executive officer of the college board
and serve as its secretary and under its supervision shall administer
the provisions of this chapter and the rules and orders established
thereunder and all other laws of the state. The director shall attend,
but not vote at, all meetings of the college board. The director shall
be in charge of offices of the college board and responsible to the
college board for the preparation of reports and the collection and
dissemination of data and other public information relating to the
state system of community and technical colleges. At the direction of
the college board, the director shall, together with the ((chairman))
chair of the college board, execute all contracts entered into by the
college board.
The director shall, with the approval of the college board: (1)
Employ necessary assistant directors of major staff divisions who shall
serve at the director's pleasure on such terms and conditions as the
director determines, and (2) subject to the provisions of chapter 41.06
RCW the director shall, with the approval of the college board, appoint
and employ such field and office assistants, clerks and other employees
as may be required and authorized for the proper discharge of the
functions of the college board and for whose services funds have been
appropriated.
The board may, by written order filed in its office, delegate to
the director any of the powers and duties vested in or imposed upon it
by this chapter. Such delegated powers and duties may be exercised by
the director in the name of the college board.
Sec. 739 RCW 28B.50.100 and 1991 c 238 s 37 are each amended to
read as follows:
There is hereby created a board of trustees for each college
district as set forth in this chapter. Each board of trustees shall be
composed of five trustees, who shall be appointed by the governor for
terms commencing October 1st of the year in which appointed. In making
such appointments the governor shall give consideration to geographical
diversity, and representing labor, business, women, and racial and
ethnic minorities, in the membership of the boards of trustees. The
boards of trustees for districts containing technical colleges shall
include at least one member from business and one member from labor.
The successors of the trustees initially appointed shall be
appointed by the governor to serve for a term of five years except that
any person appointed to fill a vacancy occurring prior to the
expiration of any term shall be appointed only for the remainder of the
term. Each member shall serve until a successor is appointed and
qualified.
Every trustee shall be a resident and qualified elector of the
college district. No trustee may be an employee of the community and
technical college system, a member of the board of directors of any
school district, or a member of the governing board of any public or
private educational institution.
Each board of trustees shall organize itself by electing a
((chairman)) chair from its members. The board shall adopt a seal and
may adopt such bylaws, rules, and regulations as it deems necessary for
its own government. Three members of the board shall constitute a
quorum, but a lesser number may adjourn from time to time and may
compel the attendance of absent members in such manner as prescribed in
its bylaws, rules, or regulations. The district president, or if there
be none, the president of the college, shall serve as, or may designate
another person to serve as, the secretary of the board, who shall not
be deemed to be a member of the board.
Members of the boards of trustees may be removed for misconduct or
malfeasance in office in the manner provided by RCW 28B.10.500.
Sec. 740 RCW 28B.50.350 and 1991 c 238 s 50 are each amended to
read as follows:
For the purpose of financing the cost of any projects, the college
board is hereby authorized to adopt the resolution or resolutions and
prepare all other documents necessary for the issuance, sale, and
delivery of the bonds or any part thereof at such time or times as it
shall deem necessary and advisable. Said bonds:
(1) Shall not constitute:
(a) An obligation, either general or special, of the state; or
(b) A general obligation of the college or of the college board;
(2) Shall be:
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars;
and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the college board with the manual or
facsimile signature of the ((chairman)) chair of the board, attested by
the secretary of the board, have the seal of the college board
impressed thereon or a facsimile of such seal printed or lithographed
in the bottom border thereof, and the coupons attached thereto shall be
signed with the facsimile signatures of such ((chairman)) chair and the
secretary;
(3) Shall state:
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within
the series; and
(c) That the bond is payable both principal and interest solely out
of the bond retirement fund created for retirement thereof;
(4) Each series of bonds shall bear interest, payable either
annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond
retirement fund;
(6) Shall be payable at such times over a period of not to exceed
forty years from date of issuance, at such place or places, and with
such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may
prescribe;
(8) Shall be issued under and subject to such terms, conditions and
covenants providing for the payment of the principal thereof and
interest thereon and such other terms, conditions, covenants, and
protective provisions safeguarding such payment, not inconsistent with
RCW 28B.50.330 through 28B.50.400, and as found to be necessary by the
board for the most advantageous sale thereof, which may include but not
be limited to:
(a) A covenant that a reserve account shall be created in the bond
retirement fund to secure the payment of the principal of and interest
on all bonds issued and a provision made that certain amounts be set
aside and maintained therein;
(b) A covenant that sufficient moneys may be transferred from the
capital projects account of the college board issuing the bonds to the
bond retirement fund of the college board when ordered by the board in
the event there is ever an insufficient amount of money in the bond
retirement fund to pay any installment of interest or principal and
interest coming due on the bonds or any of them;
(c) A covenant fixing conditions under which bonds on a parity with
any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of accrued
interest which shall be deposited in the bond retirement fund, shall be
deposited in the state treasury to the credit of the capital projects
account of the college board and shall be used solely for paying the
costs of the projects, the costs of bond counsel and professional bond
consultants incurred in issuing the bonds, and for the purposes set
forth in subsection (8)(b) of this section;
(9) Shall constitute a prior lien and charge against the building
fees of the community and technical colleges.
Sec. 741 RCW 28B.50.856 and 1969 ex.s. c 283 s 36 are each
amended to read as follows:
The probationary faculty appointment period shall be one of
continuing evaluation of a probationer by a review committee. The
evaluation process shall place primary importance upon the
probationer's effectiveness in his or her appointment. The review
committee shall periodically advise each probationer, in writing, of
his or her progress during the probationary period and receive the
probationer's written acknowledgment thereof. The review committee
shall at appropriate times make recommendations to the appointing
authority as to whether tenure should or should not be granted to
individual probationers: PROVIDED, That the final decision to award or
withhold tenure shall rest with the appointing authority, after it has
given reasonable consideration to the recommendations of the review
committee.
Sec. 742 RCW 28B.50.860 and 1977 ex.s. c 282 s 7 are each amended
to read as follows:
A tenured faculty member, upon appointment to an administrative
appointment shall be allowed to retain his or her tenure.
Sec. 743 RCW 28B.50.863 and 1969 ex.s. c 283 s 41 are each
amended to read as follows:
Prior to the dismissal of a tenured faculty member, or a faculty
member holding an unexpired probationary faculty appointment, the case
shall first be reviewed by a review committee. The review shall
include testimony from all interested parties including, but not
limited to, other faculty members and students. The faculty member
whose case is being reviewed shall be afforded the right of cross-examination and the opportunity to defend himself or herself. The
review committee shall prepare recommendations on the action they
propose be taken and submit such recommendations to the appointing
authority prior to their final action.
Sec. 744 RCW 30.04.140 and 1986 c 279 s 7 are each amended to
read as follows:
No bank or trust company shall pledge or hypothecate any of its
securities or assets to any depositor, except that it may qualify as
depositary for United States deposits, or other public funds, or funds
held in trust and deposited by any public officer by virtue of his or
her office, or as a depository for the money of estates under the
statutes of the United States pertaining to bankruptcy or funds
deposited by a trustee or receiver in bankruptcy appointed by any court
of the United States or any referee thereof, or funds held by the
United States or the state of Washington, or any officer thereof in
trust, or for funds of corporations owned or controlled by the United
States, and may give such security for such deposits as are required by
law or by the officer making the same; and it may give security to its
trust department for deposits with itself which represent trust funds
invested in savings accounts or which represent fiduciary funds
awaiting investment or distribution.
Sec. 745 RCW 30.04.300 and 1955 c 33 s 30.04.300 are each amended
to read as follows:
A branch of any foreign bank or banker actually and publicly
engaged in banking in this state on March 10, 1917, in full compliance
with the laws hereof, which were in force immediately prior to March
10, 1917, and which branch has a capital not less in amount than that
required for the organization of a state bank as provided in this title
at the time and place when and where such branch was established, may
continue its said business, subject to all of the regulations and
supervision provided for banks. The amount upon which it pays taxes
shall be prima facie evidence of the amount and existence of such
capital. No such bank or banker shall set forth on its or his or her
stationery or in any manner advertise in this state a greater capital,
surplus and undivided profits than are actually maintained at such
branch. Every foreign corporation, bank and banker, and every officer,
agent, and employee thereof who violates any provision of this section
or which violates the terms of the resolution filed as required by RCW
30.04.290 shall for each violation forfeit and pay to the state of
Washington the sum of one thousand dollars. A civil action for the
recovery of any such sum may be brought by the attorney general in the
name of the state.
Sec. 746 RCW 30.08.150 and 1973 1st ex.s. c 154 s 48 are each
amended to read as follows:
Upon the issuance of a certificate of authority to a trust company,
the persons named in the articles of incorporation and their successors
shall thereupon become a corporation and shall have power:
(1) To execute all the powers and possess all the privileges
conferred on banks.
(2) To act as fiscal or transfer agent of the United States or of
any state, municipality, body politic, or corporation and in such
capacity to receive and disburse money.
(3) To transfer, register, and countersign certificates of stock,
bonds, or other evidences of indebtedness and to act as attorney-in-fact or agent of any corporation, foreign or domestic, for any purpose,
statutory or otherwise.
(4) To act as trustee under any mortgage, or bonds, issued by any
municipality, body politic, or corporation, foreign or domestic, or by
any individual, firm, association, or partnership, and to accept and
execute any municipal or corporate trust.
(5) To receive and manage any sinking fund of any corporation upon
such terms as may be agreed upon between such corporation and those
dealing with it.
(6) To collect coupons on or interest upon all manner of
securities, when authorized so to do, by the parties depositing the
same.
(7) To accept trusts from and execute trusts for married persons
in respect to their separate property and to be their agent in the
management of such property and to transact any business in relation
thereto.
(8) To act as receiver or trustee of the estate of any person, or
to be appointed to any trust by any court, to act as assignee under any
assignment for the benefit of creditors of any debtor, whether made
pursuant to statute or otherwise, and to be the depositary of any
moneys paid into court.
(9) To be appointed and to accept the appointment of executor of,
or trustee under, the last will and testament, or administrator with or
without the will annexed, of the estate of any deceased person and to
be appointed and to act as guardian of the estate of lunatics, idiots,
persons of unsound mind, minors and habitual drunkards: PROVIDED,
HOWEVER, That the power hereby granted to trust companies to act as
guardian or administrator, with or without the will annexed, shall not
be construed to deprive parties of the prior right to have issued to
them letters of guardianship, or of administration, as such right now
exists under the law of this state.
(10) To execute any trust or power of whatever nature or
description that may be conferred upon or entrusted or committed to it
by any person or by any court or municipality, foreign or domestic
corporation, and any other trust or power conferred upon or entrusted
or committed to it by grant, assignment, transfer, devise, bequest, or
by any other authority and to receive, take, use, manage, hold, and
dispose of, according to the terms of such trusts or powers any
property or estate, real or personal, which may be the subject of any
such trust or power.
(11) Generally to execute trusts of every description not
inconsistent with law.
(12) To purchase, invest in, and sell promissory notes, bills of
exchange, bonds, debentures, and mortgages and when moneys are borrowed
or received for investment, the bonds or obligations of the company may
be given therefor, but no trust company hereafter organized shall issue
such bonds: PROVIDED, That no trust company which receives money for
investment and issues the bonds of the company therefor shall engage in
the business of banking or receiving of either savings or commercial
deposits: AND PROVIDED, That it shall not issue any bond covering a
period of more than ten years between the date of its issuance and its
maturity date: AND PROVIDED FURTHER, That if for any cause, the holder
of any such bond upon which one or more annual rate installments have
been paid, shall fail to pay the subsequent annual rate installments
provided in said bond such holder shall, on or before the maturity date
of said bond, be paid not less than the full sum which he or she has
paid in on account of said bond.
Sec. 747 RCW 30.22.040 and 1981 c 192 s 4 are each amended to
read as follows:
Unless the context of this chapter otherwise requires, the terms
contained in this section have the meanings indicated.
(1) "Account" means a contract of deposit between a depositor or
depositors and a financial institution; the term includes a checking
account, savings account, certificate of deposit, savings certificate,
share account, savings bond, and other like arrangements.
(2) "Actual knowledge" means written notice to a manager of a
branch of a financial institution, or an officer of the financial
institution in the course of his or her employment at the branch,
pertaining to funds held on deposit in an account maintained by the
branch received within a period of time which affords the financial
institution a reasonable opportunity to act upon the knowledge.
(3) "Individual" means a human being; "person" includes an
individual, corporation, partnership, limited partnership, joint
venture, trust, or other entity recognized by law to have separate
legal powers.
(4) "Agent" means a person designated by a depositor or depositors
in a contract of deposit or other document to have the authority to
deposit and to make payments from an account in the name of the
depositor or depositors.
(5) "Agency account" means an account to which funds may be
deposited and from which payments may be made by an agent designated by
a depositor. In the event there is more than one depositor named on an
account, each depositor may designate the same or a different agent for
the purpose of depositing to or making payments of funds from a
depositor's account.
(6) "Single account" means an account in the name of one depositor
only.
(7) "Joint account without right of survivorship" means an account
in the name of two or more depositors and which contains no provision
that the funds of a deceased depositor become the property of the
surviving depositor or depositors.
(8) "Joint account with right of survivorship" means an account in
the name of two or more depositors and which provides that the funds of
a deceased depositor become the property of one or more of the
surviving depositors.
(9) "Trust and P.O.D. accounts" means accounts payable on request
to a depositor during the depositor's lifetime, and upon the
depositor's death to one or more designated beneficiaries, or which are
payable to two or more depositors during their lifetimes, and upon the
death of all depositors to one or more designated beneficiaries. The
term "trust account" does not include deposits by trustees or other
fiduciaries where the trust or fiduciary relationship is established
other than by a contract of deposit with a financial institution.
(10) "Trust or P.O.D. account beneficiary" means a person or
persons, other than a codepositor, who has or have been designated by
a depositor or depositors to receive the depositor's funds remaining in
an account upon the death of a depositor or all depositors.
(11) "Depositor," when utilized in determining the rights of
individuals to funds in an account, means an individual who owns the
funds. When utilized in determining the rights of a financial
institution to make or withhold payment, and/or to take any other
action with regard to funds held under a contract of deposit,
"depositor" means the individual or individuals who have the current
right to payment of funds held under the contract of deposit without
regard to the actual rights of ownership thereof by these individuals.
A trust or P.O.D. account beneficiary becomes a depositor only when the
account becomes payable to the beneficiary by reason of having survived
the depositor or depositors named on the account, depending upon the
provisions of the contract of deposit.
(12) "Financial institution" means a bank, trust company, mutual
savings bank, savings and loan association, or credit union authorized
to do business and accept deposits in this state under state or federal
law.
(13) "Depositor's funds" or "funds of a depositor" means the amount
of all deposits belonging to or made for the benefit of a depositor,
less all withdrawals of the funds by the depositor or by others for the
depositor's benefit, plus the depositor's prorated share of any
interest or dividends included in the current balance of the account
and any proceeds of deposit life insurance added to the account by
reason of the death of a depositor.
(14) "Payment(s)" of sums on deposit includes withdrawal, payment
by check or other directive of a depositor or his or her agent, any
pledge of sums on deposit by a depositor or his or her agent, any set-off or reduction or other disposition of all or part of an account
balance, and any payments to any person under RCW 30.22.120, 30.22.140,
30.22.150, 30.22.160, 30.22.170, 30.22.180, 30.22.190, 30.22.200, and
30.22.220.
(15) "Proof of death" means a certified or authenticated copy of a
death certificate, or photostatic copy thereof, purporting to be issued
by an official or agency of the jurisdiction where the death
purportedly occurred, or a certified or authenticated copy of a record
or report of a governmental agency, domestic or foreign, that a person
is dead. In either case, the proofs constitute prima facie proof of
the fact, place, date, and time of death, and identity of the decedent
and the status of the dates, circumstances, and places disclosed by the
record or report.
(16) "Request" means a request for withdrawal, or a check or order
for payment, which complies with all conditions of the account,
including special requirements concerning necessary signatures and
regulations of the financial institution; but if the financial
institution conditions withdrawal or payment on advance notice, for
purposes of this chapter the request for withdrawal or payment is
treated as immediately effective and a notice of intent to withdraw is
treated as a request for withdrawal.
(17) "Withdrawal" means payment to a person pursuant to check or
other directive of a depositor.
Sec. 748 RCW 30.22.150 and 1981 c 192 s 15 are each amended to
read as follows:
Financial institutions may make payments of funds on deposit in an
account established by a depositor who is a minor or incompetent
without regard to whether it has actual knowledge of the minority or
incompetency of the depositor unless the branch of the financial
institution at which the account is maintained has received written
notice to withhold payment to the minor or incompetent by the guardian
of his or her estate and had a reasonable opportunity to act upon the
notice.
Sec. 749 RCW 30.49.050 and 1955 c 33 s 30.49.050 are each amended
to read as follows:
To be effective, a merger which is to result in a state bank must
be approved by the stockholders of each merging state bank by a vote of
two-thirds of the outstanding voting stock of each class at a meeting
called to consider such action, which vote shall constitute the
adoption of the charter and bylaws of the resulting state bank,
including the amendments in the merger agreement.
Unless waived in writing, notice of the meeting of stockholders
shall be given by publication in a newspaper of general circulation in
the place where the principal office of each merging state bank is
located, at least once each week for four successive weeks, and by
mail, at least fifteen days before the date of the meeting, to each
stockholder of record of each merging state bank at his or her address
on the books of his or her bank; no notice of publication need be given
if written waivers are received from the holders of two-thirds of the
outstanding shares of each class of stock. The notice shall state that
dissenting stockholders will be entitled to payment of the value of
only those shares which are voted against approval of the plan.
Sec. 750 RCW 31.20.050 and 1959 c 213 s 5 are each amended to
read as follows:
All the corporate powers of a development credit corporation shall
be exercised by a board of not less than nine directors who shall be
residents of this state. The number of directors and their term of
office shall be determined by the stockholders at the first meeting
held by the incorporators and at each annual meeting thereafter. In
the first instance the directors shall be elected by the stockholders
to serve until the first annual meeting. At the first annual meeting,
and at each annual meeting thereafter, one-third of the directors shall
be elected by a vote of the stockholders and the remaining two-thirds
thereof shall be elected by members of the corporation herein provided
for, each member having one vote. The removal of any director from
this state shall immediately vacate his or her office. If any vacancy
occurs in the board of directors through death, resignation, or
otherwise, the remaining directors may elect a person to fill the
vacancy until the next annual meeting of the corporation. The
directors shall be annually sworn to the proper discharge of their
duties and they shall hold office until others are elected or appointed
and qualified in their stead.
Sec. 751 RCW 32.12.120 and 1981 c 192 s 31 are each amended to
read as follows:
Notice to any mutual savings bank doing business in this state of
an adverse claim to a deposit standing on its books to the credit of
any person shall not be effectual to cause said bank to recognize said
adverse claimant unless said adverse claimant shall also either procure
a restraining order, injunction, or other appropriate process against
said bank from a court of competent jurisdiction in a cause therein
instituted by him or her wherein the person to whose credit the deposit
stands is made a party and served with summons or shall execute to said
bank, in form and with sureties acceptable to it, a bond, in an amount
which is double either the amount of said deposit or said adverse
claim, whichever is the lesser, indemnifying said bank from any and all
liability, loss, damage, costs, and expenses, for and on account of the
payment of such adverse claim or the dishonor of the check or other
order of the person to whose credit the deposit stands on the books of
said bank: PROVIDED, That this law shall not apply in any instance
where the person to whose credit the deposit stands is a fiduciary for
such adverse claimant, and the facts constituting such relationship as
also the facts showing reasonable cause of belief on the part of said
claimant that the said fiduciary is about to misappropriate said
deposit, are made to appear by the affidavit of such claimant.
This section shall not apply to accounts subject to chapter 30.22
RCW.
Sec. 752 RCW 32.16.010 and 1985 c 56 s 8 are each amended to read
as follows:
(1) There shall be a board of trustees who shall have the entire
management and control of the affairs of the savings bank. The persons
named in the certificate of authorization shall be the first trustees.
The board shall consist of not less than nine nor more than thirty
members.
(2) A person shall not be a trustee of a savings bank, if he or
she:
(a) Is not a resident of a state of the United States;
(b) Has been adjudicated a bankrupt or has taken the benefit of any
insolvency law, or has made a general assignment for the benefit of
creditors;
(c) Has suffered a judgment recovered against him or her for a sum
of money to remain unsatisfied of record or unsecured on appeal for a
period of more than three months;
(d) Is a trustee, officer, clerk, or other employee of any other
savings bank.
(3) Nor shall a person be a trustee of a savings bank solely by
reason of his or her holding public office.
Sec. 753 RCW 32.16.012 and 1969 c 55 s 14 are each amended to
read as follows:
The bylaws of a savings bank may prescribe a maximum age beyond
which no person shall be eligible for election to the board of trustees
and may prescribe a mandatory retirement age of seventy-five years or
less for trustees subject to the following limitations:
(1) No person shall be eligible for initial election as a trustee
after December 31, 1969, who is seventy years of age or more; and
(2) No person shall continue to serve as a trustee after December
31, 1973, who is seventy-five years of age or more and the office of
any such trustee shall become vacant on the last day of the month in
which the trustee reaches his or her seventy-fifth birthday or December
31, 1973, whichever is the latest.
If a savings bank does not adopt a bylaw prescribing a mandatory
retirement age for trustees prior to January 1, 1970, or does not
maintain thereafter a bylaw prescribing a mandatory retirement age, the
office of a trustee of such savings bank shall become vacant on the
last day of the month in which such trustee reaches his or her
seventieth birthday or on December 31, 1969, whichever is the latest.
Sec. 754 RCW 32.16.130 and 1971 ex.s. c 222 s 2 are each amended
to read as follows:
In the event a savings and loan association is converted to a
mutual savings bank, any person, who at the time of such conversion was
a director of the savings and loan association, may serve as a trustee
of the mutual savings bank until he or she reaches the age of seventy-five years or until one year following the date of conversion of such
savings and loan association, whichever is later. The bylaws of any
mutual savings bank may modify this provision by requiring earlier
retirement of any trustee affected hereby.
Sec. 755 RCW 32.32.025 and 1995 c 134 s 7 are each amended to
read as follows:
As used in this chapter, the following definitions apply, unless
the context otherwise requires:
(1) Except as provided in RCW 32.32.230, an "affiliate" of, or a
person "affiliated" with, a specified person, is a person that
directly, or indirectly through one or more intermediaries, controls,
or is controlled by, or is under common control with, the person
specified.
(2) The term "amount," when used in regard to securities, means the
principal amount if relating to evidences of indebtedness, the number
of shares if relating to shares, and the number of units if relating to
any other kind of security.
(3) An "applicant" is a mutual savings bank which has applied to
convert pursuant to this chapter.
(4) The term "associate," when used to indicate a relationship with
any person, means (a) any corporation or organization (other than the
applicant or a majority-owned subsidiary of the applicant) of which the
person is an officer or partner or is, directly or indirectly, the
beneficial owner of ten percent or more of any class of equity
securities, (b) any trust or other estate in which the person has a
substantial beneficial interest or as to which the person serves as
trustee or in a similar fiduciary capacity, and (c) any relative who
would be a "class A beneficiary" if the person were a decedent.
(5) The term "broker" means any person engaged in the business of
effecting transactions in securities for the account of others.
(6) The term "capital stock" includes permanent stock, guaranty
stock, permanent reserve stock, any similar certificate evidencing
nonwithdrawable capital, or preferred stock, of a savings bank
converted under this chapter or of a subsidiary institution or holding
company.
(7) The term "charter" includes articles of incorporation, articles
of reincorporation, and certificates of incorporation, as amended,
effecting (either with or without filing with any governmental agency)
the organization or creation of an incorporated person.
(8) Except as provided in RCW 32.32.230, the term "control"
(including the terms "controlling," "controlled by," and "under common
control with") means the possession, direct or indirect, of the power
to direct or cause the direction of the management and policies of a
person, whether through the ownership of voting securities, by
contract, or otherwise.
(9) The term "dealer" means any person who engages either for all
or part of his or her time, directly or indirectly, as agent, broker,
or principal, in the business of offering, buying, selling, or
otherwise dealing or trading in securities issued by another person.
(10) The term "deposits" refers to the deposits of a savings bank
that is converting under this chapter, and may refer in addition to the
deposits or share accounts of any other financial institution that is
converting to the stock form in connection with a merger with and into
a savings bank.
(11) The term "director" means any director of a corporation, any
trustee of a mutual savings bank, or any person performing similar
functions with respect to any organization whether incorporated or
unincorporated.
(12) The term "eligibility record date" means the record date for
determining eligible account holders of a converting mutual savings
bank.
(13) The term "eligible account holder" means any person holding a
qualifying deposit as determined in accordance with RCW 32.32.180.
(14) The term "employee" does not include a director or officer.
(15) The term "equity security" 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.
(16) The term "market maker" means a dealer who, with respect to a
particular security, (a) regularly publishes bona fide, competitive bid
and offer quotations in a recognized interdealer quotation system; or
(b) furnishes bona fide competitive bid and offer quotations on
request; and (c) is ready, willing, and able to effect transaction in
reasonable quantities at his or her quoted prices with other brokers or
dealers.
(17) The term "material," when used to qualify a requirement for
the furnishing of information as to any subject, limits the information
required to those matters as to which an average prudent investor ought
reasonably to be informed before purchasing an equity security of the
applicant.
(18) The term "mutual savings bank" means a mutual savings bank
organized and operating under Title 32 RCW.
(19) Except as provided in RCW 32.32.435, the term "offer," "offer
to sell," or "offer of sale" shall include every attempt or offer to
dispose of, or solicitation of an offer to buy, a security or interest
in a security, for value. These terms shall not include preliminary
negotiations or agreements between an applicant and any underwriter or
among underwriters who are or are to be in privity of contract with an
applicant.
(20) The term "officer," for purposes of the purchase of stock in
a conversion under this chapter or the sale of this stock, means the
((chairman)) chair of the board, president, vice president, secretary,
treasurer or principal financial officer, comptroller or principal
accounting officer, and any other person performing similar functions
with respect to any organization whether incorporated or
unincorporated.
(21) Except as provided in RCW 32.32.435, the term "person" means
an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a
government or political subdivision thereof.
(22) The term "proxy" includes every form of authorization by which
a person is or may be deemed to be designated to act for a stockholder
in the exercise of his or her voting rights in the affairs of an
institution. Such an authorization may take the form of failure to
dissent or object.
(23) The terms "purchase" and "buy" include every contract to
purchase, buy, or otherwise acquire a security or interest in a
security for value.
(24) The terms "sale" and "sell" include every contract to sell or
otherwise dispose of a security or interest in a security for value;
but these terms do not include an exchange of securities in connection
with a merger or acquisition approved by the director.
(25) The term "savings account" means deposits established in a
mutual savings bank and includes certificates of deposit.
(26) Except as provided in RCW 32.32.435, the term "security"
includes any note, stock, treasury stock, bond, debenture, transferable
share, investment contract, voting-trust certificate, or in general,
any instrument commonly known as a "security"; or any certificate of
interest or participation in, temporary or interim certificate for,
receipt for, or warrant or right to subscribe to or purchase any of the
foregoing.
(27) The term "series of preferred stock" refers to a subdivision,
within a class of preferred stock, each share of which has preferences,
limitations, and relative rights identical with those of other shares
of the same series.
(28) The term "subscription offering" refers to the offering of
shares of capital stock, through nontransferable subscription rights
issued to: (a) Eligible account holders as required by RCW 32.32.045;
(b) supplemental eligible account holders as required by RCW 32.32.055;
(c) directors, officers, and employees, as permitted by RCW 32.32.140;
and (d) eligible account holders and supplemental eligible account
holders as permitted by RCW 32.32.145.
(29) A "subsidiary" of a specified person is an affiliate
controlled by the person, directly or indirectly through one or more
intermediaries.
(30) The term "supplemental eligibility record date" means the
supplemental record date for determining supplemental eligible account
holders of a converting savings bank required by RCW 32.32.055. The
date shall be the last day of the calendar quarter preceding director
approval of the application for conversion.
(31) The term "supplemental eligible account holder" means any
person holding a qualifying deposit, except officers, directors, and
their associates, as of the supplemental eligibility record date.
(32) The term "underwriter" means any person who has purchased from
an applicant with a view to, or offers or sells for an applicant in
connection with, the distribution of any security, or participates or
has a direct or indirect participation in the direct or indirect
underwriting of any such undertaking; but the term does not include a
person whose interest is limited to a commission from an underwriter or
dealer not in excess of the usual and customary distributors' or
sellers commission. The term "principal underwriter" means an
underwriter in privity of contract with the applicant or other issuer
of securities as to which that person is the underwriter.
Terms defined in other chapters of this title, when used in this
chapter, shall have the meanings given in those definitions, to the
extent those definitions are not inconsistent with the definitions
contained in this chapter unless the context otherwise requires.
Sec. 756 RCW 32.32.045 and 1981 c 85 s 8 are each amended to read
as follows:
Each eligible account holder shall receive, without payment,
nontransferable subscription rights to purchase capital stock in an
amount equal to the greatest of two hundred shares, one-tenth of one
percent of the total offering of shares, or fifteen times the product
(rounded down to the next whole number) obtained by multiplying the
total number of shares of capital stock to be issued by a fraction of
which the numerator is the amount of the qualifying deposit of the
eligible account holder and the denominator is the total amount of
qualifying deposits of all eligible account holders in the converting
savings bank. If the allotment made in this section results in an
oversubscription, shares shall be allocated among subscribing eligible
account holders so as to permit each such account holder, to the extent
possible, to purchase a number of shares sufficient to make his or her
total allocation equal to one hundred shares. Any shares not so
allocated shall be allocated among the subscribing eligible account
holders on such equitable basis, related to the amounts of their
respective qualifying deposits, as may be provided in the plan of
conversion.
Sec. 757 RCW 33.16.020 and 1982 c 3 s 28 are each amended to read
as follows:
The board of directors shall be elected at the annual meeting,
unless the bylaws of the association otherwise provide.
A person shall not be a director of an association if the person
has been adjudicated bankrupt or has taken the benefit of any
assignment for the benefit of creditors or has suffered a judgment
recovered against him or her for a sum of money to remain unsatisfied
of record or unsuperseded on appeal for a period of more than three
months.
To be eligible to hold the position of director of an association,
a person must have savings or stock or a combination thereof in the sum
or the aggregate sum of at least one thousand dollars. Such minimum
amount shall not be reduced either by withdrawal or by pledge for a
loan or in any other manner, so long as he or she remains a director of
the association.
Sec. 758 RCW 33.16.050 and 1982 c 3 s 31 are each amended to read
as follows:
If a director becomes ineligible or if the director's conduct or
habits are such as to reflect discredit upon the association or if
other good cause exists, the director may be removed from office by an
affirmative vote of two-thirds of the members of the board of directors
at any regular meeting of the board or at any special meeting called
for that purpose. No such vote upon removal of a director shall be
taken until the director has been advised of the reasons therefor and
has had opportunity to submit to the board of directors a statement
relative thereto, either oral or written. If the director affected is
present at the meeting, he or she shall leave the place where the
meeting is being held after his or her statement has been submitted and
prior to the vote upon the matter of his or her removal.
Sec. 759 RCW 33.16.090 and 1994 c 256 s 123 are each amended to
read as follows:
The board of directors of each association shall hold a regular
meeting at least once each quarter and whenever required by the
director, at a time to be designated by it. Special meetings of the
board of directors may be held upon notice to each director sufficient
to permit his or her attendance.
At any meeting of the board of directors, a majority of the members
shall constitute a quorum for the transaction of business.
The president of the association or ((chairman)) chair of the board
or any three members of the board may call a meeting of the board by
giving notice to all of the directors.
Sec. 760 RCW 33.20.010 and 1982 c 3 s 37 are each amended to read
as follows:
Each member having deposits in a mutual association shall have a
proportionate proprietary interest in its assets or net earnings
subordinate to the claims of its other creditors. At any meeting of
the members of a mutual association, each member shall be entitled to
at least one vote. A mutual association, by its bylaws, may provide
that each member shall be entitled to one vote for each one hundred
dollars of the member's deposit account. At any meeting of the
members, voting may be in person or by proxy. Proxies shall be in
writing and signed by the member and, when filed with the secretary,
shall continue in force until revoked or superseded by subsequent
proxies. Written notice of the time and place of the holding of
special meetings (other than the regular annual meeting) shall be
mailed to each member at his or her last known address not more than
thirty days, nor less than ten days prior to the meeting. The regular
annual meeting of the mutual association shall be announced by
publication of a notice thereof in a newspaper published in the city or
town, or, if the association is not in a city or town, in the county in
which the association is located at least ten days prior to the date of
such meeting, or by ten days' written notice to the members mailed to
the last known address of each member.
Sec. 761 RCW 33.20.040 and 1982 c 3 s 38 are each amended to read
as follows:
Subject to chapter 30.22 RCW, minors may become depositors or
members of an association and all contracts entered into between a
minor and an association, with respect to his or her membership or his
or her deposits therein, shall be valid and enforceable, and a minor
may not disaffirm, because of his or her minority, any such membership
or agreement in connection therewith.
Sec. 762 RCW 34.05.010 and 1997 c 126 s 2 are each amended to
read as follows:
The definitions set forth in this section shall apply throughout
this chapter, unless the context clearly requires otherwise.
(1) "Adjudicative proceeding" means a proceeding before an agency
in which an opportunity for hearing before that agency is required by
statute or constitutional right before or after the entry of an order
by the agency. Adjudicative proceedings also include all cases of
licensing and rate making in which an application for a license or rate
change is denied except as limited by RCW 66.08.150, or a license is
revoked, suspended, or modified, or in which the granting of an
application is contested by a person having standing to contest under
the law.
(2) "Agency" means any state board, commission, department,
institution of higher education, or officer, authorized by law to make
rules or to conduct adjudicative proceedings, except those in the
legislative or judicial branches, the governor, or the attorney general
except to the extent otherwise required by law and any local
governmental entity that may request the appointment of an
administrative law judge under chapter 42.41 RCW.
(3) "Agency action" means licensing, the implementation or
enforcement of a statute, the adoption or application of an agency rule
or order, the imposition of sanctions, or the granting or withholding
of benefits.
Agency action does not include an agency decision regarding (a)
contracting or procurement of goods, services, public works, and the
purchase, lease, or acquisition by any other means, including eminent
domain, of real estate, as well as all activities necessarily related
to those functions, or (b) determinations as to the sufficiency of a
showing of interest filed in support of a representation petition, or
mediation or conciliation of labor disputes or arbitration of labor
disputes under a collective bargaining law or similar statute, or (c)
any sale, lease, contract, or other proprietary decision in the
management of public lands or real property interests, or (d) the
granting of a license, franchise, or permission for the use of
trademarks, symbols, and similar property owned or controlled by the
agency.
(4) "Agency head" means the individual or body of individuals in
whom the ultimate legal authority of the agency is vested by any
provision of law. If the agency head is a body of individuals, a
majority of those individuals constitutes the agency head.
(5) "Entry" of an order means the signing of the order by all
persons who are to sign the order, as an official act indicating that
the order is to be effective.
(6) "Filing" of a document that is required to be filed with an
agency means delivery of the document to a place designated by the
agency by rule for receipt of official documents, or in the absence of
such designation, at the office of the agency head.
(7) "Institutions of higher education" are the University of
Washington, Washington State University, Central Washington University,
Eastern Washington University, Western Washington University, The
Evergreen State College, the various community colleges, and the
governing boards of each of the above, and the various colleges,
divisions, departments, or offices authorized by the governing board of
the institution involved to act for the institution, all of which are
sometimes referred to in this chapter as "institutions."
(8) "Interpretive statement" means a written expression of the
opinion of an agency, entitled an interpretive statement by the agency
head or its designee, as to the meaning of a statute or other provision
of law, of a court decision, or of an agency order.
(9)(a) "License" means a franchise, permit, certification,
approval, registration, charter, or similar form of authorization
required by law, but does not include (i) a license required solely for
revenue purposes, or (ii) a certification of an exclusive bargaining
representative, or similar status, under a collective bargaining law or
similar statute, or (iii) a license, franchise, or permission for use
of trademarks, symbols, and similar property owned or controlled by the
agency.
(b) "Licensing" includes the agency process respecting the
issuance, denial, revocation, suspension, or modification of a license.
(10) "Mail" or "send," for purposes of any notice relating to rule
making or policy or interpretive statements, means regular mail or
electronic distribution, as provided in RCW 34.05.260. "Electronic
distribution" or "electronically" means distribution by electronic mail
or facsimile mail.
(11)(a) "Order," without further qualification, means a written
statement of particular applicability that finally determines the legal
rights, duties, privileges, immunities, or other legal interests of a
specific person or persons.
(b) "Order of adoption" means the official written statement by
which an agency adopts, amends, or repeals a rule.
(12) "Party to agency proceedings," or "party" in a context so
indicating, means:
(a) A person to whom the agency action is specifically directed; or
(b) A person named as a party to the agency proceeding or allowed
to intervene or participate as a party in the agency proceeding.
(13) "Party to judicial review or civil enforcement proceedings,"
or "party" in a context so indicating, means:
(a) A person who files a petition for a judicial review or civil
enforcement proceeding; or
(b) A person named as a party in a judicial review or civil
enforcement proceeding, or allowed to participate as a party in a
judicial review or civil enforcement proceeding.
(14) "Person" means any individual, partnership, corporation,
association, governmental subdivision or unit thereof, or public or
private organization or entity of any character, and includes another
agency.
(15) "Policy statement" means a written description of the current
approach of an agency, entitled a policy statement by the agency head
or its designee, to implementation of a statute or other provision of
law, of a court decision, or of an agency order, including where
appropriate the agency's current practice, procedure, or method of
action based upon that approach.
(16) "Rule" means any agency order, directive, or regulation of
general applicability (a) the violation of which subjects a person to
a penalty or administrative sanction; (b) which establishes, alters, or
revokes any procedure, practice, or requirement relating to agency
hearings; (c) which establishes, alters, or revokes any qualification
or requirement relating to the enjoyment of benefits or privileges
conferred by law; (d) which establishes, alters, or revokes any
qualifications or standards for the issuance, suspension, or revocation
of licenses to pursue any commercial activity, trade, or profession; or
(e) which establishes, alters, or revokes any mandatory standards for
any product or material which must be met before distribution or sale.
The term includes the amendment or repeal of a prior rule, but does not
include (i) statements concerning only the internal management of an
agency and not affecting private rights or procedures available to the
public, (ii) declaratory rulings issued pursuant to RCW 34.05.240,
(iii) traffic restrictions for motor vehicles, bicyclists, and
pedestrians established by the secretary of transportation or his or
her designee where notice of such restrictions is given by official
traffic control devices, or (iv) rules of institutions of higher
education involving standards of admission, academic advancement,
academic credit, graduation and the granting of degrees, employment
relationships, or fiscal processes.
(17) "Rules review committee" or "committee" means the joint
administrative rules review committee created pursuant to RCW 34.05.610
for the purpose of selectively reviewing existing and proposed rules of
state agencies.
(18) "Rule making" means the process for formulation and adoption
of a rule.
(19) "Service," except as otherwise provided in this chapter, means
posting in the United States mail, properly addressed, postage prepaid,
or personal service. Service by mail is complete upon deposit in the
United States mail. Agencies may, by rule, authorize service by
electronic telefacsimile transmission, where copies are mailed
simultaneously, or by commercial parcel delivery company.
Sec. 763 RCW 34.12.060 and 1989 c 175 s 34 are each amended to
read as follows:
When an administrative law judge presides at a hearing under this
chapter and a majority of the officials of the agency who are to render
the final decision have not heard substantially all of the oral
testimony and read all exhibits submitted by any party, it shall be the
duty of such judge, or in the event of his or her unavailability or
incapacity, of another judge appointed by the chief administrative law
judge, to issue an initial decision or proposal for decision including
findings of fact and conclusions of law in accordance with RCW
34.05.461 or 34.05.485. However, this section does not apply to a
state patrol disciplinary hearing conducted under RCW 43.43.090.
Sec. 764 RCW 34.12.140 and 1982 c 189 s 10 are each amended to
read as follows:
The amounts to be disbursed from the administrative hearings
revolving fund from time to time shall be transferred thereto by the
state treasurer from funds appropriated to any and all agencies for
administrative hearings expenses on a quarterly basis. Agencies
operating in whole or in part from nonappropriated funds shall pay into
the administrative hearings revolving fund such funds as will fully
reimburse funds appropriated to the office of administrative hearings
for any services provided activities financed by nonappropriated funds.
The funds from the employment security department for the
administrative hearings services provided by the office of
administrative hearings shall not exceed that portion of the resources
provided to the employment security department by the department of
labor, employment and training administration, for such administrative
hearings services. To satisfy department of labor funding
requirements, the office of administrative hearings shall meet or
exceed timeliness standards under federal regulations in the conduct of
employment security department appeals.
The director of financial management shall allot all such funds to
the office of administrative hearings for the operation of the office,
pursuant to appropriation, in the same manner as appropriated funds are
allocated to other agencies under chapter 43.88 RCW.
Disbursements from the administrative hearings revolving fund shall
be pursuant to vouchers executed by the chief administrative law judge
or his or her designee.
Sec. 765 RCW 37.12.021 and 1963 c 36 s 5 are each amended to read
as follows:
Whenever the governor of this state shall receive from the majority
of any tribe or the tribal council or other governing body, duly
recognized by the Bureau of Indian Affairs, of any Indian tribe,
community, band, or group in this state a resolution expressing its
desire that its people and lands be subject to the criminal or civil
jurisdiction of the state of Washington to the full extent authorized
by federal law, he or she shall issue within sixty days a proclamation
to the effect that such jurisdiction shall apply to all Indians and all
Indian territory, reservations, country, and lands of the Indian body
involved to the same extent that this state exercises civil and
criminal jurisdiction or both elsewhere within the state: PROVIDED,
That jurisdiction assumed pursuant to this section shall nevertheless
be subject to the limitations set forth in RCW 37.12.060.
Sec. 766 RCW 37.16.180 and 1917 c 4 s 22 are each amended to read
as follows:
Pursuant to the Constitution and laws of the United States, and
especially to paragraph seventeen of section eight of article one of
such Constitution, the consent of the legislature of the state of
Washington is hereby given to the United States to acquire by donation
from any county acting under the provisions of this chapter, title to
all the lands herein intended to be referred to, to be evidenced by the
deed or deeds of such county, signed by the ((chairman)) chair of its
board of county commissioners and attested by the clerk of such board
under the seal of such board, and the consent of the state of
Washington is hereby given to the exercise by the congress of the
United States of exclusive legislation in all cases whatsoever, over
such tracts or parcels of land so conveyed to it: PROVIDED, Upon such
conveyance being concluded, a sufficient description by metes and
bounds and an accurate plat or map of each such tract or parcel of land
be filed in the auditor's office of the county in which such lands are
situated, together with copies of the orders, deeds, patents, or other
evidences in writing of the title of the United States: AND PROVIDED,
That all civil process issued from the courts of this state, and such
criminal process as may issue under the authority of this state against
any person charged with crime in cases arising outside of such
reservation, may be served and executed thereon in the same mode and
manner and by the same officers as if the consent herein given had not
been made.
Sec. 767 RCW 38.24.050 and 1989 c 19 s 37 are each amended to
read as follows:
Commissioned officers, warrant officers, and enlisted personnel of
the organized militia of Washington, while in active state service or
inactive duty, are entitled to and shall receive the same amount of pay
and allowances from the state of Washington as provided by federal laws
and regulations for commissioned officers, warrant officers, and
enlisted personnel of the United States army only if federal pay and
allowances are not authorized. For periods of such active state
service, commissioned officers, warrant officers, and enlisted
personnel of the organized militia of Washington shall receive either
such pay and allowances or an amount equal to one and one-half of the
federal minimum wage, whichever is greater.
The value of articles issued to any member and not returned in good
order on demand, and legal fines or forfeitures, may be deducted from
the member's pay.
If federal pay and allowances are not authorized, all members
detailed to serve on any board or commission ordered by the governor,
or on any court-martial ordered by proper authority, may, at the
discretion of the adjutant general, be paid a sum equal to one day's
active state service for each day actually employed on the board or
court or engaged in the business thereof, or in traveling to and from
the same; and in addition thereto travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter amended when
such duty is at a place other than the city or town of his or her
residence.
Necessary transportation, quartermasters' stores, and subsistence
for troops when ordered on active state service may be contracted for
and paid for as are other military bills.
Sec. 768 RCW 38.32.030 and 1943 c 130 s 45 are each amended to
read as follows:
No person belonging to the military forces of this state shall be
arrested on any warrant, except for treason or felony, while going to,
remaining at, or returning from any place at which he or she may be
required to attend military duty. Any members of the organized militia
parading, or performing any duty according to the law shall have the
right-of-way in any street or highway through which they may pass and
while on field duty shall have the right to enter upon, cross, or
occupy any uninclosed lands, or any inclosed lands where no damage will
be caused thereby: PROVIDED, That the carriage of the United States
mail and legitimate functions of the police and fire departments shall
not be interfered with thereby.
Sec. 769 RCW 38.38.328 and 1989 c 48 s 34 are each amended to
read as follows:
The trial counsel to whom court-martial charges are referred for
trial shall cause to be served upon the accused a copy of the charges
upon which trial is to be had. In time of peace no person may, against
his or her objection, be brought to trial or be required to participate
by himself or herself or counsel in a session called by a military
judge under RCW 38.38.380(1), in a general court-martial within a
period of five days after the service of the charges upon him or her,
or before a special court-martial within a period of three days after
the service of the charges upon him or her.
Sec. 770 RCW 38.38.548 and 1963 c 220 s 65 are each amended to
read as follows:
(1) If the convening authority disapproves the findings and
sentence of a court martial he or she may, except where there is lack
of sufficient evidence in the record to support the findings, order a
rehearing. In such a case he or she shall state the reasons for
disapproval. If he or she disapproves the findings and sentence and
does not order a rehearing, he or she shall dismiss the charges.
(2) Each rehearing shall take place before a court martial composed
of members not members of the court martial which first heard the case.
Upon a rehearing the accused may not be tried for any offense of which
he or she was found not guilty by the first court martial, and no
sentence in excess of or more severe than the original sentence may be
imposed, unless the sentence is based upon a finding of guilty of an
offense not considered upon the merits in the original proceedings, or
unless the sentence prescribed for the offense is mandatory.
Sec. 771 RCW 38.38.552 and 1963 c 220 s 66 are each amended to
read as follows:
In acting on the findings and sentence of a court martial, the
convening authority may approve only such findings of guilty, and the
sentence or such part or amount of the sentence, as he or she finds
correct in law and fact and as he or she in his or her discretion
determines should be approved. Unless he or she indicates otherwise,
approval of the sentence is approval of the findings and sentence.
Sec. 772 RCW 38.38.556 and 1989 c 48 s 56 are each amended to
read as follows:
(1) If the convening authority is the governor, the governor's
action on the review of any record of trial is final.
(2) In all other cases not covered by subsection (1) of this
section, if the sentence of a special court-martial as approved by the
convening authority includes a dishonorable discharge, whether or not
suspended, the entire record shall be sent to the appropriate staff
judge advocate of the state force concerned to be reviewed in the same
manner as a record of trial by general court-martial. The record and
the opinion of the staff judge advocate shall then be sent to the state
judge advocate for review.
(3) All other special and summary court-martial records shall be
sent to the judge advocate of the appropriate force of the organized
militia and shall be acted upon, transmitted, and disposed of as may be
prescribed by regulations of the governor.
(4) The state judge advocate shall review the record of trial in
each case sent for review as provided under subsection (2) of this
section. If the final action of the court-martial has resulted in an
acquittal of all charges and specifications, the opinion of the state
judge advocate is limited to questions of jurisdiction.
(5) The state judge advocate shall take final action in any case
reviewable by the state judge advocate.
(6) In a case reviewable by the state judge advocate under this
section, the state judge advocate may act only with respect to the
findings and sentence as approved by the convening authority. The
state judge advocate may affirm only such findings of guilty, and the
sentence or such part or amount of the sentence, as the state judge
advocate finds correct in law and fact and determines, on the basis of
the entire record, should be approved. In considering the record, the
state judge advocate may weigh the evidence, judge the credibility of
witnesses, and determine controverted questions of fact, recognizing
that the trial court saw and heard the witnesses. If the state judge
advocate sets aside the findings and sentence, the state judge advocate
may, except where the setting aside is based on lack of sufficient
evidence in the record to support the findings, order a rehearing. If
the state judge advocate sets aside the findings and sentence and does
not order a rehearing, he or she shall order that the charges be
dismissed.
(7) In a case reviewable by the state judge advocate under this
section, the state judge advocate shall instruct the convening
authority to act in accordance with the state judge advocate's decision
on the review. If the state judge advocate has ordered a rehearing but
the convening authority finds a rehearing impracticable, the state
judge advocate may dismiss the charges.
(8) The state judge advocate may order one or more boards of review
each composed of not less than three commissioned officers of the
organized militia, each of whom must be a member of the bar of the
highest court of the state. Each board of review shall review the
record of any trial by special court-martial, including a sentence to
a dishonorable discharge, referred to it by the state judge advocate.
Boards of review have the same authority on review as the state judge
advocate has under this section.
Sec. 773 RCW 38.38.580 and 1989 c 48 s 60 are each amended to
read as follows:
(1) Under such regulations as the governor may prescribe, all
rights, privileges, and property affected by an executed part of a
court-martial sentence which has been set aside or disapproved, except
an executed dismissal or discharge, shall be restored unless a new
trial or rehearing is ordered and such executed part is included in a
sentence imposed upon a new trial or rehearing.
(2) If a previously executed sentence of dishonorable discharge is
not imposed on a new trial, the governor shall substitute therefor a
form of discharge authorized for administrative issuance unless the
accused is to serve out the remainder of his or her enlistment.
(3) If a previously executed sentence of dismissal is not imposed
on a new trial, the governor shall substitute therefor a form of
discharge authorized for administrative issue, and the commissioned
officer dismissed by that sentence may be reappointed by the governor
alone to such commissioned grade and with such rank as in the opinion
of the governor that former officer would have attained had he or she
not been dismissed. The reappointment of such a former officer may be
made if a position vacancy is available under applicable tables of
organization. All time between the dismissal and reappointment shall
be considered as service for all purposes.
Sec. 774 RCW 38.38.628 and 1963 c 220 s 76 are each amended to
read as follows:
Any person subject to this code who:
(1) Commits an offense punishable by this code, or aids, abets,
counsels, commands, or procures its commission; or
(2) Causes an act to be done which if directly performed by him or
her would be punishable by this code;
is a principal.
Sec. 775 RCW 38.38.632 and 1963 c 220 s 77 are each amended to
read as follows:
Any person subject to this code who, knowing that an offense
punishable by this code has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his or her
apprehension, trial, or punishment shall be punished as a court martial
may direct.
Sec. 776 RCW 38.38.648 and 1963 c 220 s 81 are each amended to
read as follows:
(1) Any person subject to this code who solicits or advises another
or others to desert in violation of RCW 38.38.660 or mutiny in
violation of RCW 38.38.696 shall, if the offense solicited or advised
is attempted or committed, be punished with the punishment provided for
the commission of the offense, but, if the offense solicited or advised
is not committed or attempted, he or she shall be punished as a court
martial may direct.
(2) Any person subject to this code who solicits or advises another
or others to commit an act of misbehavior before the enemy in violation
of RCW 38.38.716 or sedition in violation of RCW 38.38.696 shall, if
the offense solicited or advised is committed, be punished with the
punishment provided for the commission of the offense, but, if the
offense solicited or advised is not committed, he or she shall be
punished as a court martial may direct.
Sec. 777 RCW 38.38.664 and 1963 c 220 s 85 are each amended to
read as follows:
Any person subject to this code who, without authority:
(1) Fails to go to his or her appointed place of duty at the time
prescribed;
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or her
unit, organization, or place of duty at which he or she is required to
be at the time prescribed;
shall be punished as a court martial may direct.
Sec. 778 RCW 38.38.668 and 1963 c 220 s 86 are each amended to
read as follows:
Any person subject to this code who through neglect or design
misses the movement of a ship, aircraft, or unit with which he or she
is required in the course of duty to move shall be punished as a court
martial may direct.
Sec. 779 RCW 38.38.676 and 1963 c 220 s 88 are each amended to
read as follows:
Any person subject to this code who behaves with disrespect towards
his or her superior commissioned officer shall be punished as a court
martial may direct.
Sec. 780 RCW 38.38.680 and 1963 c 220 s 89 are each amended to
read as follows:
Any person subject to this code who:
(1) Strikes his or her superior commissioned officer or draws or
lifts up any weapon or offers any violence against him or her while he
or she is in the execution of his or her office; or
(2) ((Wilfully)) Willfully disobeys a lawful command of his or her
superior commissioned officer;
shall be punished as a court martial may direct.
Sec. 781 RCW 38.38.692 and 1963 c 220 s 92 are each amended to
read as follows:
Any person subject to this code who is guilty of cruelty toward, or
oppression or maltreatment of, any person subject to his or her orders
shall be punished as a court martial may direct.
Sec. 782 RCW 38.38.696 and 1963 c 220 s 93 are each amended to
read as follows:
(1) Any person subject to this code who:
(a) With intent to usurp or override lawful military authority
refuses, in concert with any other person, to obey orders or otherwise
do his or her duty or creates any violence or disturbance is guilty of
mutiny;
(b) With intent to cause the overthrow or destruction of lawful
civil authority, creates, in concert with any other person, revolt,
violence, or other disturbance against that authority is guilty of
sedition;
(c) Fails to do his or her utmost to prevent and suppress a mutiny
or sedition being committed in his or her presence, or fails to take
all reasonable means to inform his or her superior commissioned officer
or commanding officer of a mutiny or sedition which he or she knows or
has reason to believe is taking place, is guilty of a failure to
suppress or report a mutiny or sedition.
(2) A person who is found guilty of attempted mutiny, mutiny,
sedition, or failure to suppress or report a mutiny or sedition shall
be punished as a court martial may direct.
Sec. 783 RCW 38.38.704 and 1963 c 220 s 95 are each amended to
read as follows:
Any person subject to this code who, without proper authority,
releases any prisoner committed to his or her charge, or who through
neglect or design suffers any such prisoner to escape, shall be
punished as a court martial may direct, whether or not the prisoner was
committed in strict compliance with law.
Sec. 784 RCW 38.38.724 and 1963 c 220 s 100 are each amended to
read as follows:
Any person subject to this code who in time of war discloses the
parole or countersign to any person not entitled to receive it, or who
gives to another who is entitled to receive and use the parole or
countersign a different parole or countersign from that which, to his
or her knowledge, he or she was authorized and required to give, shall
be punished as a court martial may direct.
Sec. 785 RCW 38.38.732 and 1963 c 220 s 102 are each amended to
read as follows:
(1) All persons subject to this code shall secure all public
property taken from the enemy for the service of the United States, and
shall give notice and turn over to the proper authority without delay
all captured or abandoned property in their possession, custody, or
control.
(2) Any person subject to this code who:
(a) Fails to carry out the duties prescribed in subsection (1)
((hereof)) of this section;
(b) Buys, sells, trades, or in any way deals in or disposes of
captured or abandoned property, whereby he or she receives or expects
any profit, benefit, or advantage to himself or herself or another
directly or indirectly connected with himself or herself; or
(c) Engages in looting or pillaging;
shall be punished as a court martial may direct.
Sec. 786 RCW 38.38.740 and 1963 c 220 s 104 are each amended to
read as follows:
Any person subject to this code who, while in the hands of the
enemy in time of war:
(1) For the purpose of securing favorable treatment by his or her
captors acts without proper authority in a manner contrary to law,
custom, or regulation, to the detriment of others of whatever
nationality held by the enemy as civilian or military prisoners; or
(2) While in a position of authority over such persons maltreats
them without justifiable cause;
shall be punished as a court martial may direct.
Sec. 787 RCW 38.38.764 and 1963 c 220 s 110 are each amended to
read as follows:
Any person subject to this code who is found drunk on duty or
sleeping upon his or her post, or who leaves his or her post before he
or she is regularly relieved, shall be punished as a court martial may
direct.
Sec. 788 RCW 38.38.880 and 1963 c 220 s 130 are each amended to
read as follows:
The governor may delegate any authority vested in him or her under
this code, and may provide for the subdelegation of any such authority,
except the power given him or her by RCW 38.38.192 and 38.38.240.
Sec. 789 RCW 38.52.040 and 1995 c 269 s 1202 are each amended to
read as follows:
(1) There is hereby created the emergency management council
(hereinafter called the council), to consist of not more than seventeen
members who shall be appointed by the governor. The membership of the
council shall include, but not be limited to, representatives of city
and county governments, sheriffs and police chiefs, the Washington
state patrol, the military department, the department of ecology, state
and local fire chiefs, seismic safety experts, state and local
emergency management directors, search and rescue volunteers, medical
professions who have expertise in emergency medical care, building
officials, and private industry. The representatives of private
industry shall include persons knowledgeable in emergency and hazardous
materials management. The council members shall elect a ((chairman))
chair from within the council membership. The members of the council
shall serve without compensation, but may be reimbursed for their
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.
(2) The emergency management council shall advise the governor and
the director on all matters pertaining to state and local emergency
management. The council may appoint such ad hoc committees,
subcommittees, and working groups as are required to develop specific
recommendations for the improvement of emergency management practices,
standards, policies, or procedures. The council shall ensure that the
governor receives an annual assessment of statewide emergency
preparedness including, but not limited to, specific progress on hazard
mitigation and reduction efforts, implementation of seismic safety
improvements, reduction of flood hazards, and coordination of hazardous
materials planning and response activities. The council or a
subcommittee thereof shall periodically convene in special session and
serve during those sessions as the state emergency response commission
required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in session as the state emergency response
commission, the council shall confine its deliberations to those items
specified in federal statutes and state administrative rules governing
the coordination of hazardous materials policy. The council shall
review administrative rules governing state and local emergency
management practices and recommend necessary revisions to the director.
Sec. 790 RCW 38.52.140 and 1984 c 38 s 13 are each amended to
read as follows:
Any civil service employee of the state of Washington or of any
political subdivision thereof while on leave of absence and on duty
with any emergency management agency authorized under the provisions of
this chapter shall be preserved in his or her civil service status as
to seniority and retirement rights so long as he or she regularly
continues to make the usual contributions incident to the retention of
such beneficial rights as if he or she were not on leave of absence.
Sec. 791 RCW 38.52.180 and 2007 c 292 s 2 are each amended to
read as follows:
(1) There shall be no liability on the part of anyone including any
person, partnership, corporation, the state of Washington or any
political subdivision thereof who owns or maintains any building or
premises which have been designated by a local organization for
emergency management as a shelter from destructive operations or
attacks by enemies of the United States for any injuries sustained by
any person while in or upon said building or premises, as a result of
the condition of said building or premises or as a result of any act or
omission, or in any way arising from the designation of such premises
as a shelter, when such person has entered or gone upon or into said
building or premises for the purpose of seeking refuge therein during
destructive operations or attacks by enemies of the United States or
during tests ordered by lawful authority, except for an act of willful
negligence by such owner or occupant or his or her servants, agents, or
employees.
(2) All legal liability for damage to property or injury or death
to persons (except an emergency worker, regularly enrolled and acting
as such), caused by acts done or attempted during or while traveling to
or from an emergency or disaster, search and rescue, or training or
exercise authorized by the department in preparation for an emergency
or disaster or search and rescue, under the color of this chapter in a
bona fide attempt to comply therewith, except as provided in
subsections (3), (4), and (5) of this section regarding covered
volunteer emergency workers, shall be the obligation of the state of
Washington. Suits may be instituted and maintained against the state
for the enforcement of such liability, or for the indemnification of
persons appointed and regularly enrolled as emergency workers while
actually engaged in emergency management duties, or as members of any
agency of the state or political subdivision thereof engaged in
emergency management activity, or their dependents, for damage done to
their private property, or for any judgment against them for acts done
in good faith in compliance with this chapter: PROVIDED, That the
foregoing shall not be construed to result in indemnification in any
case of willful misconduct, gross negligence, or bad faith on the part
of any agent of emergency management: PROVIDED, That should the United
States or any agency thereof, in accordance with any federal statute,
rule, or regulation, provide for the payment of damages to property
and/or for death or injury as provided for in this section, then and in
that event there shall be no liability or obligation whatsoever upon
the part of the state of Washington for any such damage, death, or
injury for which the United States government assumes liability.
(3) No act or omission by a covered volunteer emergency worker
while engaged in a covered activity shall impose any liability for
civil damages resulting from such an act or omission upon:
(a) The covered volunteer emergency worker;
(b) The supervisor or supervisors of the covered volunteer
emergency worker;
(c) Any facility or their officers or employees;
(d) The employer of the covered volunteer emergency worker;
(e) The owner of the property or vehicle where the act or omission
may have occurred during the covered activity;
(f) Any local organization that registered the covered volunteer
emergency worker; and
(g) The state or any state or local governmental entity.
(4) The immunity in subsection (3) of this section applies only
when the covered volunteer emergency worker was engaged in a covered
activity:
(a) Within the scope of his or her assigned duties;
(b) Under the direction of a local emergency management
organization or the department, or a local law enforcement agency for
search and rescue; and
(c) The act or omission does not constitute gross negligence or
willful or wanton misconduct.
(5) For purposes of this section:
(a) "Covered volunteer emergency worker" means an emergency worker
as defined in RCW 38.52.010 who (i) is not receiving or expecting
compensation as an emergency worker from the state or local government,
or (ii) is not a state or local government employee unless on leave
without pay status.
(b) "Covered activity" means:
(i) Providing assistance or transportation authorized by the
department during an emergency or disaster or search and rescue as
defined in RCW 38.52.010, whether such assistance or transportation is
provided at the scene of the emergency or disaster or search and
rescue, at an alternative care site, at a hospital, or while in route
to or from such sites or between sites; or
(ii) Participating in training or exercise authorized by the
department in preparation for an emergency or disaster or search and
rescue.
(6) Any requirement for a license to practice any professional,
mechanical, or other skill shall not apply to any authorized emergency
worker who shall, in the course of performing his or her duties as
such, practice such professional, mechanical, or other skill during an
emergency described in this chapter.
(7) The provisions of this section shall not affect the right of
any person to receive benefits to which he or she would otherwise be
entitled under this chapter, or under the workers' compensation law, or
under any pension or retirement law, nor the right of any such person
to receive any benefits or compensation under any act of congress.
Sec. 792 RCW 38.52.190 and 1984 c 38 s 18 are each amended to
read as follows:
Except as provided in this chapter, an emergency worker and his or
her dependents shall have no right to receive compensation from the
state, from the agency, from the local organization for emergency
management with which he or she is registered, or from the county or
city which has empowered the local organization for emergency
management to register him or her and direct his or her activities, for
an injury or death arising out of and occurring in the course of his or
her activities as an emergency worker.
Sec. 793 RCW 38.52.195 and 1984 c 38 s 19 are each amended to
read as follows:
Notwithstanding any other provision of law, no person, firm,
corporation, or other entity acting under the direction or control of
the proper authority to provide construction, equipment, or work as
provided for in RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205,
38.52.207, 38.52.220, and 38.52.390 while complying with or attempting
to comply with RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205,
38.52.207, 38.52.220, and 38.52.390 or any rule or regulation
promulgated pursuant to the provisions of RCW 38.52.110, 38.52.180,
38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 shall be
liable for the death of or any injury to persons or damage to property
as a result of any such activity: PROVIDED, That said exemption shall
only apply where all of the following conditions occur:
(1) Where, at the time of the incident the worker is performing
services as an emergency worker, and is acting within the course of his
or her duties as an emergency worker;
(2) Where, at the time of the injury, loss, or damage, the
organization for emergency management which the worker is assisting is
an approved organization for emergency management;
(3) Where the injury, loss, or damage is proximately caused by his
or her service either with or without negligence as an emergency
worker;
(4) Where the injury, loss, or damage is not caused by the
intoxication of the worker; and
(5) Where the injury, loss, or damage is not due to ((wilful))
willful misconduct or gross negligence on the part of a worker.
Sec. 794 RCW 38.52.200 and 1984 c 38 s 20 are each amended to
read as follows:
Liability for the compensation provided by this chapter, as limited
by the provisions thereof, is in lieu of any other liability whatsoever
to an emergency worker or his or her dependents or any other person on
the part of the state, the agency, the local organization for emergency
management with which the emergency worker is registered, and the
county or city which has empowered the local organization for emergency
management to register him or her and direct his or her activities, for
injury or death arising out of and in the course of his or her
activities while on duty as an emergency worker: PROVIDED, That
nothing in this chapter shall limit or bar the liability of the state
or its political subdivisions engaged in proprietary functions as
distinguished from governmental functions that may exist by reason of
injury or death sustained by an emergency worker.
Sec. 795 RCW 38.52.220 and 1984 c 38 s 24 are each amended to
read as follows:
Said compensation board shall meet on the call of its ((chairman))
chair on a regular monthly meeting day when there is business to come
before it. The ((chairman)) chair shall be required to call a meeting
on any monthly meeting day when any claim for compensation under this
chapter has been submitted to the board: PROVIDED, That as to claims
involving amounts of two thousand dollars or less, the local
organization director shall submit recommendations directly to the
state without convening a compensation board.
Sec. 796 RCW 38.52.230 and 1953 c 223 s 6 are each amended to
read as follows:
The compensation board, in addition to other powers herein granted,
shall have the power to compel the attendance of witnesses to testify
before it on all matters connected with the operation of this chapter
and its ((chairman)) chair or any member of said board may administer
oath to such witnesses; to make all necessary rules and regulations for
its guidance in conformity with the provisions of this chapter:
PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to
any member of said board for any duties performed as a member of said
compensation board.
Sec. 797 RCW 38.52.260 and 1984 c 38 s 27 are each amended to
read as follows:
Compensation shall be furnished to an emergency worker either
within or without the state for any injury arising out of and occurring
in the course of his or her activities as an emergency worker, and for
the death of any such worker if the injury proximately causes death, in
those cases where the following conditions occur:
(1) Where, at the time of the injury the emergency worker is
performing services as an emergency worker, and is acting within the
course of his or her duties as an emergency worker.
(2) Where, at the time of the injury the local organization for
emergency management with which the emergency worker is registered is
an approved local organization for emergency management.
(3) Where the injury is proximately caused by his or her service as
an emergency worker, either with or without negligence.
(4) Where the injury is not caused by the intoxication of the
injured emergency worker.
(5) Where the injury is not intentionally self-inflicted.
Sec. 798 RCW 38.52.350 and 1984 c 38 s 36 are each amended to
read as follows:
Should the United States or any agent thereof, in accordance with
any federal statute or rule or regulation, furnish monetary assistance,
benefits, or other temporary or permanent relief to emergency workers
or to their dependents for injuries arising out of and occurring in the
course of their activities as emergency workers, then the amount of
compensation which any emergency worker or his or her dependents are
otherwise entitled to receive from the state of Washington as provided
herein, shall be reduced by the amount of monetary assistance,
benefits, or other temporary or permanent relief the emergency worker
or his or her dependents have received and will receive from the United
States or any agent thereof as a result of his or her injury.
Sec. 799 RCW 38.52.380 and 1984 c 38 s 39 are each amended to
read as follows:
If the furnishing of compensation under the provisions of this
chapter to an emergency worker or his or her dependents prevents such
emergency worker or his or her dependents from receiving assistance,
benefits, or other temporary or permanent relief under the provisions
of a federal statute or rule or regulation, then the emergency worker
and his or her dependents shall have no right to, and shall not
receive, any compensation from the state of Washington under the
provisions of this chapter for any injury for which the United States
or any agent thereof will furnish assistance, benefits, or other
temporary or permanent relief in the absence of the furnishing of
compensation by the state of Washington.
Sec. 800 RCW 38.52.400 and 1997 c 49 s 5 are each amended to read
as follows:
(1) The chief law enforcement officer of each political subdivision
shall be responsible for local search and rescue activities. Operation
of search and rescue activities shall be in accordance with state and
local operations plans adopted by the elected governing body of each
local political subdivision. These state and local plans must specify
the use of the incident command system for
multiagency/multijurisdiction search and rescue operations. The local
emergency management director shall notify the department of all search
and rescue missions. The local director of emergency management shall
work in a coordinating capacity directly supporting all search and
rescue activities in that political subdivision and in registering
emergency search and rescue workers for employee status. The chief law
enforcement officer of each political subdivision may restrict access
to a specific search and rescue area to personnel authorized by him or
her. Access shall be restricted only for the period of time necessary
to accomplish the search and rescue mission. No unauthorized person
shall interfere with a search and rescue mission.
(2) When search and rescue activities result in the discovery of a
deceased person or search and rescue workers assist in the recovery of
human remains, the chief law enforcement officer of the political
subdivision shall insure compliance with chapter 68.50 RCW.
Sec. 801 RCW 38.52.920 and 1951 c 178 s 17 are each amended to
read as follows:
Chapter 177, Laws of 1941, chapters 6 and 24, Laws of 1943, and
chapter 88, Laws of 1949 are repealed: PROVIDED, That this section
shall not affect the validity of any order, rule, regulation, contract,
or agreement made or promulgated under authority of the repealed acts,
which orders, rules, regulations, contracts, or agreements shall remain
in force until they may be repealed, amended, or superseded by orders,
rules, regulations, contracts, or agreements made or promulgated under
this chapter: PROVIDED FURTHER, That this section shall not affect the
tenure of any officer, employee, or person serving under authority of
any repealed act and such officer, employee, or person shall continue
in his or her position until such time as a successor is appointed or
employed under the provisions of this chapter.
Sec. 802 RCW 39.04.080 and 1923 c 183 s 7 are each amended to
read as follows:
A true copy of such account or record, duly certified by the
officer or officers having by law authority to direct such work to be
done, to be a full, true, and accurate account of the costs of
executing such work shall be filed in the office where the original
plans and specifications are filed within sixty days after the
completion of the work.
The engineer or other officer having charge of the execution of
such work shall execute a certificate which shall be attached to and
filed with such certified copy, certifying that such work was executed
in accordance with the plans and specifications on file and the times
of commencement and completion of such work. If the work is not in
accordance with such plans and specifications he or she shall set forth
the manner and extent of the variance therefrom.
Sec. 803 RCW 39.04.120 and 1998 c 196 s 1 are each amended to
read as follows:
If the successful bidder must undertake additional work for public
construction projects issued by the state of Washington, its
authorities or agencies, or a political subdivision of the state due to
the enactment of new environmental protection requirements or the
amendment of existing environmental protection statutes, ordinances, or
rules occurring after the submission of the successful bid, the
awarding agency shall issue a change order setting forth the additional
work that must be undertaken, which shall not invalidate the contract.
The cost of such a change order to the awarding agency shall be
determined in accordance with the provisions of the contract for change
orders or, if no such provision is set forth in the contract, then the
cost to the awarding agency shall be the contractor's costs for wages,
labor costs other than wages, wage taxes, materials, equipment rentals,
insurance, and subcontracts attributable to the additional activity
plus a reasonable sum for overhead and profit. However, the additional
costs to undertake work not specified in the contract documents shall
not be approved unless written authorization is given the successful
bidder prior to his or her undertaking such additional activity. In
the event of a dispute between the awarding agency and the contractor,
dispute resolution procedures may be commenced under the applicable
terms of the construction contract, or, if the contract contains no
such provision for dispute resolution, the then obtaining rules of the
American arbitration association.
Sec. 804 RCW 39.08.065 and 1915 c 167 s 1 are each amended to
read as follows:
Every person, firm, or corporation furnishing materials, supplies,
or provisions to be used in the construction, performance, carrying on,
prosecution, or doing of any work for the state, or any county, city,
town, district, municipality, or other public body, shall, not later
than ten days after the date of the first delivery of such materials,
supplies, or provisions to any subcontractor or agent of any person,
firm, or corporation having a subcontract for the construction,
performance, carrying on, prosecution, or doing of such work, deliver
or mail to the contractor a notice in writing stating in substance and
effect that such person, firm, or corporation has commenced to deliver
materials, supplies, or provisions for use thereon, with the name of
the subcontractor or agent ordering or to whom the same is furnished
and that such contractor and his or her bond will be held for the
payment of the same, and no suit or action shall be maintained in any
court against the contractor or his or her bond to recover for such
material, supplies, or provisions or any part thereof unless the
provisions of this section have been complied with.
Sec. 805 RCW 39.34.150 and 1979 c 151 s 47 are each amended to
read as follows:
State agencies are authorized to advance funds to defray charges
for materials to be furnished or services to be rendered by other state
agencies. Such advances shall be made only upon the approval of the
director of financial management, or his or her order made pursuant to
an appropriate regulation requiring advances in certain cases. An
advance shall be made from the fund or appropriation available for the
procuring of such services or materials, to the state agency which is
to perform the services or furnish the materials, in an amount no
greater than the estimated charges therefor.
Sec. 806 RCW 39.40.030 and 1959 c 290 s 4 are each amended to
read as follows:
The election officials in each of the precincts included within any
such district shall, as soon as possible and in no case later than five
days after the closing of the polls of any election involving the
issuance of bonds, certify to the county auditor of the county within
which such district is located the total number of votes cast for and
against each separate proposal and the vote shall be canvassed and
certified by a canvassing board consisting of the ((chairman)) chair of
the board of county commissioners, the county auditor, and the
prosecuting attorney who shall declare the result thereof.
Sec. 807 RCW 39.44.102 and 1955 c 375 s 3 are each amended to
read as follows:
Where any bond so issued requires registration by the county
treasurer, that bond shall bear a statement on the back thereof showing
the name of the person to whom sold, date of issue, the number and
series of the bond, and shall be signed by the county treasurer in his
or her own name or by a deputy county treasurer in his or her own name.
Sec. 808 RCW 39.44.110 and 1983 c 167 s 108 are each amended to
read as follows:
Upon the presentation at the office of the officer or agent
hereinafter provided for, any bond which is bearer in form that has
heretofore been or may hereafter be issued by any county, city, town,
port, school district, or other municipal or quasi municipal
corporation in this state, may, if so provided in the proceedings
authorizing the issuance of the same, be registered as to principal in
the name of the owner upon the books of such municipality to be kept in
said office, such registration to be noted on the reverse of the bond
by such officer or agent. The principal of any bond so registered
shall be payable only to the payee, his or her legal representative,
successors or assigns, and such bond shall be transferable to another
registered holder or back to bearer only upon presentation to such
officer or agent, with a written assignment duly acknowledged or
proved. The name of the assignee shall be written upon any bond so
transferred and in the books so kept in the office of such officer or
agent.
Sec. 809 RCW 39.44.120 and 1983 c 167 s 109 are each amended to
read as follows:
If so provided in the proceedings authorizing the issuance of any
such bonds, upon the registration thereof as to principal, or at any
time thereafter, the coupons thereto attached, evidencing all interest
to be paid thereon to the date of maturity, may be surrendered to the
officer or agent hereinafter provided and the bonds shall also become
registered as to interest. Such coupons shall be canceled by such
officer or agent, who shall sign a statement endorsed upon such bond of
the cancellation of all unmatured coupons and the registration of such
bond. Thereafter the interest evidenced by such canceled coupons shall
be paid at the times provided therein to the registered owner of such
bond in lawful money of the United States of America mailed to his or
her address.
Sec. 810 RCW 39.56.030 and 1981 c 156 s 16 are each amended to
read as follows:
It shall be the duty of every public officer issuing public
warrants to make monthly investigation to ascertain the market value of
the current warrants issued by him or her, and he or she shall, so far
as practicable, fix the rate of interest on the warrants issued by him
or her during the ensuing month so that the par value shall be the
market value thereof.
Sec. 811 RCW 39.62.020 and 1969 c 86 s 2 are each amended to read
as follows:
Any authorized officer, after filing with the secretary of state
his or her manual signature certified by him or her under oath, may
execute or cause to be executed with a facsimile signature in lieu of
his or her manual signature:
(1) Any public security: PROVIDED, That at least one signature
required or permitted to be placed thereon shall be manually
subscribed, and
(2) Any instrument of payment.
Upon compliance with this chapter by the authorized officer, his or her
facsimile signature has the same legal effect as his or her manual
signature.
Sec. 812 RCW 39.64.080 and 1935 c 143 s 9 are each amended to
read as follows:
Such taxing district shall have power to consummate the plan of
readjustment, as adopted by the court's decree and approved by it as
aforesaid, and if such plan, as approved by such decree, so requires,
may, for such purpose, exercise any of the following powers:
(1) Cancel in whole or in part any assessments or any interest or
penalties assessed thereon which may be outstanding and a lien upon any
property in such taxing district, as and when such assessments are
replaced by the readjusted or revised assessments provided for in the
plan of readjustment approved by such decree.
(2) Issue refunding bonds to refund bonds theretofore issued by
such taxing district. Such refunding bonds shall have such
denominations, rates of interest, and maturities as shall be provided
in such plan of readjustment and shall be payable by special
assessments or by general taxes, according to the nature of the taxing
district, in the manner provided in such plan of readjustment and
decree.
(3) Apportion and levy new assessments or taxes appropriate in time
or times of payment to provide funds for the payment of principal and
interest of such refunding bonds, and of all expenses incurred by such
taxing district in filing the petition mentioned in RCW 39.64.040, and
any and all other expenses necessary or incidental to the consummation
of the plan of readjustment.
In the case of special assessment districts for the refunding of
whose debts no procedure is provided by existing laws, such assessments
shall be equitably apportioned and levied upon each lot, tract, or
parcel of real property within such taxing district, due consideration
being given to the relative extent to which the original apportionments
upon the various lots, tracts, or parcels of real property within such
taxing district have already been paid and due consideration also being
given to the capacity of the respective lots, tracts, or parcels of
real property to carry such charges against them. Before levying or
apportioning such assessment such taxing district or the officer or
officers, board, council, or commission mentioned in RCW 39.64.030
shall hold a hearing with reference thereto, notice of which hearing
shall be published once a week for four consecutive weeks in the
newspaper designated for the publication of legal notices by the
legislative body of the city or town, or by the board of county
commissioners of the county within which such taxing district or any
part thereof is located, or in any newspaper published in the city,
town, or county within which such taxing district or any part thereof
is located and of general circulation within such taxing district. At
such hearing every owner of real property within such taxing district
shall be given an opportunity to be heard with respect to the
apportionment and levy of such assessment.
(4) In the case of special assessment districts, of cities or
towns, provide that if any of the real property within such taxing
district shall not, on foreclosure of the lien of such new assessment
for delinquent assessments and penalties and interest thereon, be sold
for a sufficient amount to pay such delinquent assessments, penalties,
and interest, or if any real property assessed was not subject to
assessment, or if any assessment or installment or installments thereof
shall have been eliminated by foreclosure of a tax lien or made void in
any other manner, such taxing district shall cause a supplemental
assessment sufficient in amount to make up such deficiency to be made
on the real property within such taxing district, including real
property upon which any such assessment or any installment or
installments thereof shall have been so eliminated or made void. Such
supplemental assessment shall be apportioned to the various lots,
tracts, and parcels of real property within such taxing district in
proportion to the amounts apportioned thereto in the assessment
originally made under such plan of readjustment.
(5) Provide that refunding bonds may, at the option of the holders
thereof, be converted into warrants of such denominations and bearing
such rate of interest as may be provided in the plan of readjustment,
and that the new assessments mentioned in ((subdivision)) subsection
(3) of this section and the supplemental assessments mentioned in
((subdivision)) subsection (4) of this section may be paid in refunding
bonds or warrants of such taxing district without regard to the serial
numbers thereof, or in money, at the option of the person paying such
assessments, such refunding bonds and warrants to be received at their
par value in payment of such assessments. In such case such refunding
bonds and warrants shall bear the following legend: "This bond (or
warrant) shall be accepted at its face value in payment of assessments
(including interest and penalties thereon) levied to pay the principal
and interest of the series of bonds and warrants of which this bond (or
warrant) is one without regard to the serial number appearing upon the
face hereof."
(6) Provide that all sums of money already paid to the treasurer of
such taxing district or other authorized officer in payment, in whole
or in part, of any assessment levied by or for such taxing district or
of interest or penalties thereon, shall be transferred by such
treasurer or other authorized officer to a new account and made
applicable to the payment of refunding bonds and warrants to be issued
under such plan of readjustment.
(7) Provide that such treasurer or other authorized officer shall
have authority to use funds in his or her possession not required for
payment of current interest of such bonds and warrants, to buy such
bonds and warrants in the open market through tenders or by call at the
lowest prices obtainable at or below par and accrued interest, without
preference of one bond or warrant over another because of its serial
number, or for any other cause other than the date and hour of such
tender or other offer and the amount which the owner of such bond or
warrant agrees to accept for it. In such case such refunding bonds and
warrants shall bear the following legend: "This bond (or warrant) may
be retired by tender or by call without regard to the serial number
appearing upon the face hereof."
(8) Provide that if, after the payment of all interest on refunding
bonds and warrants issued under any plan of readjustment adopted
pursuant to this chapter and chapter IX of the federal bankruptcy act
and the retirement of such bonds and warrants, there shall be remaining
in the hands of the treasurer or other authorized officer of the taxing
district which issued such bonds and warrants money applicable under
the provisions of this chapter to the payment of such interest, bonds,
and warrants, such money shall be applied by such treasurer or other
authorized officer to the maintenance, repair, and replacement of the
improvements originally financed by the bonds readjusted under this
chapter and the federal bankruptcy act.
(9) The above enumeration of powers shall not be deemed to exclude
powers not herein mentioned that may be necessary for or incidental to
the accomplishment of the purposes hereof.
Sec. 813 RCW 39.72.020 and 1965 ex.s. c 61 s 5 are each amended
to read as follows:
When a municipal corporation issues a duplicate instrument, as
authorized in this chapter, the issuing officer of such municipal
corporation 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 municipal corporation, and of the issue of
any duplicate therefor; and upon the issuance of any duplicate such
officer shall enter upon his or her books the cancellation of the
original instrument and immediately notify the treasurer of the county,
city or other municipal corporation, the state auditor, and all
trustees and paying agencies authorized to redeem such instruments on
behalf of the municipal corporation, of such cancellation. The
treasurer shall keep a similar list of all warrants, bonds, or other
instruments so canceled.
Sec. 814 RCW 39.84.100 and 1983 c 167 s 115 are each amended to
read as follows:
(1) The principal of and the interest on any revenue bonds issued
by a public corporation shall be payable solely from the funds provided
for this payment from the revenues of the industrial development
facilities funded by the revenue bonds. Each issue of revenue bonds
shall be dated, shall bear interest at such rate or rates, and shall
mature at such time or times as may be determined by the board of
directors, and may be made redeemable before maturity at such price or
prices and under such terms and conditions as may be fixed by the board
of directors prior to the issuance of the revenue bonds or other
revenue obligations.
(2) The board of directors shall determine the form and the manner
of execution of the revenue bonds and shall fix the denomination or
denominations of the revenue bonds and the place or places of payment
of principal and interest. If any officer whose signature or a
facsimile of whose signature appears on any revenue bonds or any
coupons ceases to be an officer before the delivery of the revenue
bonds, the signature shall for all purposes have the same effect as if
he or she had remained in office until delivery. The revenue bonds may
be issued in coupon or in registered form, as provided in RCW
39.46.030, or both as the board of directors may determine, and
provisions may be made for the registration of any coupon revenue bonds
as to the principal alone and also as to both principal and interest
and for the reconversion into coupon bonds of any bonds registered as
to both principal and interest. A public corporation may sell revenue
bonds at public or private sale for such price and bearing interest at
such fixed or variable rate as may be determined by the board of
directors.
(3) The proceeds of the revenue bonds of each issue shall be used
solely for the payment of all or part of the project cost of or for the
making of a loan in the amount of all or part of the project cost of
the industrial development facility for which authorized and shall be
disbursed in such manner and under such restrictions, if any, provided
in the resolution authorizing the issuance of the revenue bonds or in
the trust agreement securing the bonds. If the proceeds of the revenue
bonds of any series issued with respect to the cost of any industrial
development facility exceeds the cost of the industrial development
facility for which issued, the surplus shall be deposited to the credit
of the debt service fund for the revenue bonds or used to purchase
revenue bonds in the open market.
(4) A public corporation may issue interim notes in the manner
provided for the issuance of revenue bonds to fund industrial
development facilities prior to issuing other revenue bonds to fund
such facilities. A public corporation may issue revenue bonds to fund
industrial development facilities that are exchangeable for other
revenue bonds when these other revenue bonds are executed and available
for delivery.
(5) The principal of and interest on any revenue bonds issued by a
public corporation shall be secured by a pledge of unexpended bond
proceeds and the revenues and receipts received by the public
corporation from the industrial development facilities funded by the
revenue bonds pursuant to financing documents. The resolution under
which the revenue bonds are authorized to be issued and any financing
document may contain agreements and provisions respecting the
maintenance or use of the industrial development facility covered
thereby, the fixing and collection of rents, purchase price payments or
loan payments, the creation and maintenance of special funds from such
revenues or from revenue bond proceeds, the rights and remedies
available in the event of default, and other provisions relating to the
security for the bonds, all as the board of directors consider
advisable which are not in conflict with this chapter.
(6) The governing body of the municipality under whose auspices the
public corporation is created shall approve by resolution any agreement
to issue revenue bonds adopted by a public corporation, which agreement
and resolution shall set out the amount and purpose of the revenue
bonds. Additionally, no issue of revenue bonds, including refunding
bonds, may be sold and delivered by a public corporation without a
resolution of the governing body of the municipality under whose
auspices the public corporation is created, adopted no more than sixty
days before the date of sale of the revenue bonds specifically,
approving the resolution of the public corporation providing for the
issuance of the revenue bonds.
(7) All revenue bonds issued under this chapter and any interest
coupons applicable thereto are negotiable instruments within the
meaning of Article 8 of the Uniform Commercial Code, Title 62A RCW,
regardless of form or character.
(8) Notwithstanding subsections (1) and (2) of this section, such
bonds and interim notes may be issued and sold in accordance with
chapter 39.46 RCW.
Sec. 815 RCW 39.88.020 and 1982 1st ex.s. c 42 s 3 are each
amended to read as follows:
As used in this chapter the following terms have the following
meanings unless a different meaning is clearly indicated by the
context:
(1) "Apportionment district" means the geographic area, within an
urban area, from which regular property taxes are to be apportioned to
finance a public improvement contained therein.
(2) "Assessed value of real property" means the valuation of real
property as placed on the last completed assessment roll of the county.
(3) "City" means any city or town.
(4) "Ordinance" means any appropriate method of taking a
legislative action by a county or city, whether known as a statute,
resolution, ordinance, or otherwise.
(5) "Public improvement" means an undertaking to provide public
facilities in an urban area which the sponsor has authority to provide.
(6) "Public improvement costs" means the costs of design, planning,
acquisition, site preparation, construction, reconstruction,
rehabilitation, improvement, and installation of the public
improvement; costs of relocation, maintenance, and operation of
property pending construction of the public improvement; costs of
utilities relocated as a result of the public improvement; costs of
financing, including interest during construction, legal and other
professional services, taxes, and insurance; costs incurred by the
assessor to revalue real property for the purpose of determining the
tax allocation base value that are in excess of costs incurred by the
assessor in accordance with his or her revaluation plan under chapter
84.41 RCW, and the costs of apportioning the taxes and complying with
this chapter and other applicable law; and administrative costs
reasonably necessary and related to these costs. These costs may
include costs incurred prior to the adoption of the public improvement
ordinance, but subsequent to July 10, 1982.
(7) "Public improvement ordinance" means the ordinance passed under
RCW 39.88.040(4).
(8) "Regular property taxes" means regular property taxes as now or
hereafter defined in RCW 84.04.140, except regular property taxes
levied by port districts or public utility districts specifically for
the purpose of making required payments of principal and interest on
general indebtedness.
(9) "Sponsor" means any county or city initiating and undertaking
a public improvement.
(10) "Tax allocation base value of real property" means the true
and fair value of real property within an apportionment district for
the year in which the apportionment district was established.
(11) "Tax allocation bonds" means any bonds, notes, or other
obligations issued by a sponsor pursuant to section 10 of this act.
(12) "Tax allocation revenues" means those tax revenues allocated
to a sponsor under RCW 39.88.070(1)(b).
(13) "Taxing districts" means any governmental entity which levies
or has levied for it regular property taxes upon real property located
within a proposed or approved apportionment district.
(14) "Value of taxable property" means value of taxable property as
defined in RCW 39.36.015.
(15) "Urban area" means an area in a city or located outside of a
city that is characterized by intensive use of the land for the
location of structures and receiving such urban services as sewers,
water, and other public utilities and services normally associated with
urbanized areas. Not more than twenty-five percent of the area within
the urban area proposed apportionment district may be vacant land.
Sec. 816 RCW 40.10.010 and 1982 c 36 s 1 are each amended to read
as follows:
In order to provide for the continuity and preservation of civil
government, each elected and appointed officer of the state shall
designate those public documents which are essential records of his or
her office and needed in an emergency and for the reestablishment of
normal operations after any such emergency. A list of such records
shall be forwarded to the state archivist on forms prescribed by the
state archivist. This list shall be reviewed at least annually by the
elected or appointed officer to insure its completeness. Any changes
or revisions following this review shall be forwarded to the state
archivist. Each such elected and appointed officer of state government
shall insure that the security of essential records of his or her
office is by the most economical means commensurate with adequate
protection. Protection of essential records may be by vaulting,
planned or natural dispersal of copies, or any other method approved by
the state archivist. Reproductions of essential records may be by
photo copy, magnetic tape, microfilm, or other method approved by the
state archivist. Local government offices may coordinate the
protection of their essential records with the state archivist as
necessary to provide continuity of local government under emergency
conditions.
Sec. 817 RCW 40.14.030 and 2003 c 305 s 1 are each amended to
read as follows:
(1) All public records, not required in the current operation of
the office where they are made or kept, and all records of every
agency, commission, committee, or any other activity of state
government which may be abolished or discontinued, shall be transferred
to the state archives so that the valuable historical records of the
state may be centralized, made more widely available, and insured
permanent preservation: PROVIDED, That this section shall have no
application to public records approved for destruction under the
subsequent provisions of this chapter.
When so transferred, copies of the public records concerned shall
be made and certified by the archivist, which certification shall have
the same force and effect as though made by the officer originally in
charge of them. Fees may be charged to cover the cost of reproduction.
In turning over the archives of his or her office, the officer in
charge thereof, or his or her successor, thereby loses none of his or
her rights of access to them, without charge, whenever necessary.
(2) Records that are confidential, privileged, or exempt from
public disclosure under state or federal law while in the possession of
the originating agency, commission, board, committee, or other entity
of state or local government retain their confidential, privileged, or
exempt status after transfer to the state archives unless the
archivist, with the concurrence of the originating jurisdiction,
determines that the records must be made accessible to the public
according to proper and reasonable rules adopted by the secretary of
state, in which case the records may be open to inspection and
available for copying after the expiration of seventy-five years from
creation of the record. If the originating jurisdiction is no longer
in existence, the archivist shall make the determination of
availability according to such rules. If, while in the possession of
the originating agency, commission, board, committee, or other entity,
any record is determined to be confidential, privileged, or exempt from
public disclosure under state or federal law for a period of less than
seventy-five years, then the record, with the concurrence of the
originating jurisdiction, must be made accessible to the public upon
the expiration of the shorter period of time according to proper and
reasonable rules adopted by the secretary of state.
Sec. 818 RCW 40.14.040 and 1982 c 36 s 4 are each amended to read
as follows:
Each department or other agency of the state government shall
designate a records officer to supervise its records program and to
represent the office in all contacts with the records committee,
hereinafter created, and the division of archives and records
management. The records officer shall:
(1) Coordinate all aspects of the records management program.
(2) Inventory, or manage the inventory, of all public records at
least once during a biennium for disposition scheduling and transfer
action, in accordance with procedures prescribed by the state archivist
and state records committee: PROVIDED, That essential records shall be
inventoried and processed in accordance with chapter 40.10 RCW at least
annually.
(3) Consult with any other personnel responsible for maintenance of
specific records within his or her state organization regarding records
retention and transfer recommendations.
(4) Analyze records inventory data, examine and compare divisional
or unit inventories for duplication of records, and recommend to the
state archivist and state records committee minimal retentions for all
copies commensurate with legal, financial, and administrative needs.
(5) Approve all records inventory and destruction requests which
are submitted to the state records committee.
(6) Review established records retention schedules at least
annually to insure that they are complete and current.
(7) Exercise internal control over the acquisition of filming and
file equipment.
If a particular agency or department does not wish to transfer
records at a time previously scheduled therefor, the records officer
shall, within thirty days, notify the archivist and request a change in
such previously set schedule, including his or her reasons therefor.
Sec. 819 RCW 40.14.110 and 1971 ex.s. c 102 s 3 are each amended
to read as follows:
Nothing in RCW 40.14.010 and 40.14.100 through 40.14.180 shall
prohibit a legislator or legislative employee from contributing his or
her personal papers to any private library, public library, or the
state archives. The state archivist is authorized to receive papers of
legislators and legislative employees and is directed to encourage the
donation of such personal records to the state. The state archivist is
authorized to establish such guidelines and procedures for the
collection of personal papers and correspondence relating to the
legislature as he or she sees fit. Legislators and legislative
employees are encouraged to contribute their personal papers to the
state for preservation.
Sec. 820 RCW 40.14.130 and 1971 ex.s. c 102 s 5 are each amended
to read as follows:
The legislative committee ((chairman)) chair, subcommittee
((chairman)) chair, committee member, or employed personnel of the
state legislature having possession of legislative records that are not
required for the regular performance of official duties shall, within
ten days after the adjournment sine die of a regular or special
session, deliver all such legislative records to the clerk of the house
or the secretary of the senate.
The clerk of the house and the secretary of the senate are charged
to include requirements and responsibilities for keeping committee
minutes and records as part of their instructions to committee
((chairmen)) chairs and employees.
The clerk or the secretary, with the assistance of the state
archivist, shall classify and arrange the legislative records delivered
to the clerk or secretary in a manner that he or she considers best
suited to carry out the efficient and economical utilization,
maintenance, preservation, and disposition of the records. The clerk
or the secretary may deliver to the state archivist all legislative
records in his or her possession when such records have been classified
and arranged and are no longer needed by either house. The state
archivist shall thereafter be custodian of the records so delivered,
but shall deliver such records back to either the clerk or secretary
upon his or her request.
The ((chairman)) chair, member, or employee of a legislative
interim committee responsible for maintaining the legislative records
of that committee shall, on a scheduled basis agreed upon by the
((chairman)) chair, member, or employee of the legislative interim
committee, deliver to the clerk or secretary all legislative records in
his or her possession, as long as such records are not required for the
regular performance of official duties. He or she shall also deliver
to the clerk or secretary all records of an interim committee within
ten days after the committee ceases to function.
Sec. 821 RCW 40.14.140 and 1971 ex.s. c 102 s 6 are each amended
to read as follows:
It shall be the duty of the clerk and the secretary to advise the
party caucuses in each house concerning the necessity to keep public
records. The state archivist or his or her representative shall work
with the clerk and secretary to provide information and instructions on
the best method for keeping legislative records.
Sec. 822 RCW 60.60.010 and 1927 c 144 s 1 are each amended to
read as follows:
Every person, firm, or corporation who, as a commission merchant,
carrier, wharfinger, or storage ((warehouseman)) warehouse operator,
shall make advances for freight, transportation, wharfage, or storage
upon the personal property of another, or shall carry or store such
personal property, shall have a lien thereon, so long as the same
remains in his or her possession, for the charges for advances,
freight, transportation, wharfage, or storage, and it shall be lawful
for such person, firm, or corporation to cause such property to be sold
as is herein in this chapter provided.
Sec. 823 RCW 62A.2-705 and 1965 ex.s. c 157 s 2-705 are each
amended to read as follows:
(1) The seller may stop delivery of goods in the possession of a
carrier or other bailee when he or she discovers the buyer to be
insolvent (RCW 62A.2-702) and may stop delivery of carload, truckload,
planeload, or larger shipments of express or freight when the buyer
repudiates or fails to make a payment due before delivery or if for any
other reason the seller has a right to withhold or reclaim the goods.
(2) As against such buyer the seller may stop delivery until:
(a) Receipt of the goods by the buyer; or
(b) Acknowledgment to the buyer by any bailee of the goods except
a carrier that the bailee holds the goods for the buyer; or
(c) Such acknowledgment to the buyer by a carrier by reshipment or
as ((warehouseman)) warehouse operator; or
(d) Negotiation to the buyer of any negotiable document of title
covering the goods.
(3)(a) To stop delivery the seller must so notify as to enable the
bailee by reasonable diligence to prevent delivery of the goods.
(b) After such notification the bailee must hold and deliver the
goods according to the directions of the seller but the seller is
liable to the bailee for any ensuing charges or damages.
(c) If a negotiable document of title has been issued for goods the
bailee is not obliged to obey a notification to stop until surrender of
the document.
(d) A carrier who has issued a nonnegotiable bill of lading is not
obliged to obey a notification to stop received from a person other
than the consignor.
Sec. 824 RCW 62A.2A-526 and 1993 c 230 s 2A-526 are each amended
to read as follows:
(1) A lessor may stop delivery of goods in the possession of a
carrier or other bailee if the lessor discovers the lessee to be
insolvent and may stop delivery of carload, truckload, planeload, or
larger shipments of express or freight if the lessee repudiates or
fails to make a payment due before delivery, whether for rent,
security, or otherwise under the lease contract, or for any other
reason the lessor has a right to withhold or take possession of the
goods.
(2) In pursuing its remedies under subsection (1) of this section,
the lessor may stop delivery until:
(a) Receipt of the goods by the lessee;
(b) Acknowledgment to the lessee by any bailee of the goods, except
a carrier, that the bailee holds the goods for the lessee; or
(c) Such an acknowledgment to the lessee by a carrier via
reshipment or as ((warehouseman)) warehouse operator.
(3)(a) To stop delivery, a lessor shall so notify as to enable the
bailee by reasonable diligence to prevent delivery of the goods.
(b) After notification, the bailee shall hold and deliver the goods
according to the directions of the lessor, but the lessor is liable to
the bailee for any ensuing charges or damages.
(c) A carrier who has issued a nonnegotiable bill of lading is not
obliged to obey a notification to stop received from a person other
than the consignor.
Sec. 825 RCW 62A.7-102 and 1965 ex.s. c 157 s 7-102 are each
amended to read as follows:
(1) In this Article, unless the context otherwise requires:
(a) "Bailee" means the person who by a warehouse receipt, bill of
lading, or other document of title acknowledges possession of goods and
contracts to deliver them.
(b) "Consignee" means the person named in a bill to whom or to
whose order the bill promises delivery.
(c) "Consignor" means the person named in a bill as the person from
whom the goods have been received for shipment.
(d) "Delivery order" means a written order to deliver goods
directed to a ((warehouseman)) warehouse operator, carrier, or other
person who in the ordinary course of business issues warehouse receipts
or bills of lading.
(e) "Document" means document of title as defined in the general
definitions in Article 1 (RCW 62A.1-201).
(f) "Goods" means all things which are treated as movable for the
purposes of a contract of storage or transportation.
(g) "Issuer" means a bailee who issues a document except that in
relation to an unaccepted delivery order it means the person who orders
the possessor of goods to deliver. Issuer includes any person for whom
an agent or employee purports to act in issuing a document if the agent
or employee has real or apparent authority to issue documents,
notwithstanding that the issuer received no goods or that the goods
were misdescribed or that in any other respect the agent or employee
violated his or her instructions.
(h) (("Warehouseman")) "Warehouse operator" is a person engaged in
the business of storing goods for hire.
(2) Other definitions applying to this Article or to specified
Parts thereof, and the sections in which they appear are:
"Duly negotiate." RCW 62A.7-501.
"Person entitled under the document." RCW 62A.7-403(4).
(3) Definitions in other Articles applying to this Article and the
sections in which they appear are:
"Contract for sale." RCW 62A.2-106.
"Overseas." RCW 62A.2-323.
"Receipt" of goods. RCW 62A.2-103.
(4) In addition Article 1 contains general definitions and
principles of construction and interpretation applicable throughout
this Article.
Sec. 826 RCW 62A.7-201 and 1965 ex.s. c 157 s 7-201 are each
amended to read as follows:
(1) A warehouse receipt may be issued by any ((warehouseman))
warehouse operator.
(2) Where goods including distilled spirits and agricultural
commodities are stored under a statute requiring a bond against
withdrawal or a license for the issuance of receipts in the nature of
warehouse receipts, a receipt issued for the goods has like effect as
a warehouse receipt even though issued by a person who is the owner of
the goods and is not a ((warehouseman)) warehouse operator.
Sec. 827 RCW 62A.7-202 and 2000 c 58 s 1 are each amended to read
as follows:
(1) A warehouse receipt need not be in any particular form.
(2) Unless a warehouse receipt embodies within its written,
printed, or electronic terms each of the following, the
((warehouseman)) warehouse operator is liable for damages caused by the
omission to a person injured thereby:
(a) The location of the warehouse where the goods are stored;
(b) The date of issue of the receipt;
(c) The consecutive number of the receipt;
(d) A statement whether the goods received will be delivered to the
bearer, to a specified person, or to a specified person or his or her
order;
(e) The rate of storage and handling charges, except that where
goods are stored under a field warehousing arrangement a statement of
that fact is sufficient on a nonnegotiable receipt;
(f) A description of the goods or of the packages containing them;
(g) The signature of the ((warehouseman)) warehouse operator, which
may be made by his or her authorized agent;
(h) If the receipt is issued for goods of which the
((warehouseman)) warehouse operator is owner, either solely or jointly
or in common with others, the fact of such ownership; and
(i) A statement of the amount of advances made and of liabilities
incurred for which the ((warehouseman)) warehouse operator claims a
lien or security interest (RCW 62A.7-209). If the precise amount of
such advances made or of such liabilities incurred is, at the time of
the issue of the receipt, unknown to the ((warehouseman)) warehouse
operator or to his or her agent who issues it, a statement of the fact
that advances have been made or liabilities incurred and the purpose
thereof is sufficient.
(3) A ((warehouseman)) warehouse operator may insert in his or her
receipt any other terms which are not contrary to the provisions of
this Title and do not impair his or her obligation of delivery (RCW
62A.7-403) or his or her duty of care (RCW 62A.7-204). Any contrary
provisions shall be ineffective.
Sec. 828 RCW 62A.7-204 and 2009 c 549 s 1016 are each amended to
read as follows:
(1) A warehouse ((worker)) operator 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 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 warehouse ((worker))
operator 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 warehouse ((worker's))
operator's tariff, if any. No such limitation is effective with
respect to the warehouse ((worker's)) operator'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. 829 RCW 62A.7-205 and 1965 ex.s. c 157 s 7-205 are each
amended to read as follows:
A buyer in the ordinary course of business of fungible goods sold
and delivered by a ((warehouseman)) warehouse operator who is also in
the business of buying and selling such goods takes free of any claim
under a warehouse receipt even though it has been duly negotiated.
Sec. 830 RCW 62A.7-206 and 1965 ex.s. c 157 s 7-206 are each
amended to read as follows:
(1) A ((warehouseman)) warehouse operator may on notifying the
person on whose account the goods are held and any other person known
to claim an interest in the goods require payment of any charges and
removal of the goods from the warehouse at the termination of the
period of storage fixed by the document, or, if no period is fixed,
within a stated period not less than thirty days after the
notification. If the goods are not removed before the date specified
in the notification, the ((warehouseman)) warehouse operator may sell
them in accordance with the provisions of the section on enforcement of
a ((warehouseman's)) warehouse operator's lien (RCW 62A.7-210).
(2) If a ((warehouseman)) warehouse operator in good faith believes
that the goods are about to deteriorate or decline in value to less
than the amount of his or her lien within the time prescribed in
subsection (1) of this section for notification, advertisement, and
sale, the ((warehouseman)) warehouse operator may specify in the
notification any reasonable shorter time for removal of the goods and
in case the goods are not removed, may sell them at public sale held
not less than one week after a single advertisement or posting.
(3) If as a result of a quality or condition of the goods of which
the ((warehouseman)) warehouse operator had no notice at the time of
deposit the goods are a hazard to other property or to the warehouse or
to persons, the ((warehouseman)) warehouse operator may sell the goods
at public or private sale without advertisement on reasonable
notification to all persons known to claim an interest in the goods.
If the ((warehouseman)) warehouse operator after a reasonable effort is
unable to sell the goods he or she may dispose of them in any lawful
manner and shall incur no liability by reason of such disposition.
(4) The ((warehouseman)) warehouse operator must deliver the goods
to any person entitled to them under this Article upon due demand made
at any time prior to sale or other disposition under this section.
(5) The ((warehouseman)) warehouse operator may satisfy his or her
lien from the proceeds of any sale or disposition under this section
but must hold the balance for delivery on the demand of any person to
whom he or she would have been bound to deliver the goods.
Sec. 831 RCW 62A.7-207 and 1965 ex.s. c 157 s 7-207 are each
amended to read as follows:
(1) Unless the warehouse receipt otherwise provides, a
((warehouseman)) warehouse operator must keep separate the goods
covered by each receipt so as to permit at all times identification and
delivery of those goods except that different lots of fungible goods
may be commingled.
(2) Fungible goods so commingled are owned in common by the persons
entitled thereto and the ((warehouseman)) warehouse operator is
severally liable to each owner for that owner's share. Where because
of over-issue a mass of fungible goods is insufficient to meet all the
receipts which the ((warehouseman)) warehouse operator has issued
against it, the persons entitled include all holders to whom overissued
receipts have been duly negotiated.
Sec. 832 RCW 62A.7-209 and 1987 c 395 s 1 are each amended to
read as follows:
(1) A ((warehouseman)) warehouse operator has a lien against the
bailor on the goods covered by a warehouse receipt or on the proceeds
thereof in his or her possession for charges for storage or
transportation (including demurrage and terminal charges), insurance,
labor, or charges present or future in relation to the goods, and for
expenses necessary for preservation of the goods or reasonably incurred
in their sale pursuant to law. If the person on whose account the
goods are held is liable for like charges or expenses in relation to
other goods whenever deposited and it is stated in the receipt that a
lien is claimed for charges and expenses in relation to other goods,
the ((warehouseman)) warehouse operator also has a lien against him or
her for such charges and expenses whether or not the other goods have
been delivered by the ((warehouseman)) warehouse operator. But against
a person to whom a negotiable warehouse receipt is duly negotiated a
((warehouseman's)) warehouse operator's lien is limited to charges in
an amount or at a rate specified on the receipt or if no charges are so
specified then to a reasonable charge for storage of the goods covered
by the receipt subsequent to the date of the receipt. A
((warehouseman's)) warehouse operator's lien as provided in this
chapter takes priority over all other liens and perfected or
unperfected security interests.
(2) The ((warehouseman)) warehouse operator may also reserve a
security interest against the bailor for a maximum amount specified on
the receipt for charges other than those specified in subsection (1) of
this section, such as for money advanced and interest. Such a security
interest is governed by the Article on Secured Transactions (Article
9).
(3) A ((warehouseman's)) warehouse operator's lien for charges and
expenses under subsection (1) of this section or a security interest
under subsection (2) of this section is also effective against any
person who so entrusted the bailor with possession of the goods that a
pledge of them by him or her to a good faith purchaser for value would
have been valid but is not effective against a person as to whom the
document confers no right in the goods covered by it under RCW 62A.7-503.
(4) A ((warehouseman)) warehouse operator loses his or her lien on
any goods which he or she voluntarily delivers or which he or she
unjustifiably refuses to deliver.
Sec. 833 RCW 62A.7-210 and 1965 ex.s. c 157 s 7-210 are each
amended to read as follows:
(1) Except as provided in subsection (2) of this section, a
((warehouseman's)) warehouse operator's lien may be enforced by public
or private sale of the goods in bloc or in parcels, at any time or
place and on any terms which are commercially reasonable, after
notifying all persons known to claim an interest in the goods. Such
notification must include a statement of the amount due, the nature of
the proposed sale and the time and place of any public sale. The fact
that a better price could have been obtained by a sale at a different
time or in a different method from that selected by the
((warehouseman)) warehouse operator is not of itself sufficient to
establish that the sale was not made in a commercially reasonable
manner. If the ((warehouseman)) warehouse operator either sells the
goods in the usual manner in any recognized market therefor, or if he
or she sells at the price current in such market at the time of his or
her sale, or if he or she has otherwise sold in conformity with
commercially reasonable practices among dealers in the type of goods
sold, he or she has sold in a commercially reasonable manner. A sale
of more goods than apparently necessary to be offered to insure
satisfaction of the obligation is not commercially reasonable except in
cases covered by the preceding sentence.
(2) A ((warehouseman's)) warehouse operator's lien on goods other
than goods stored by a merchant in the course of his or her business
may be enforced only as follows:
(a) All persons known to claim an interest in the goods must be
notified.
(b) The notification must be delivered in person or sent by
registered or certified letter to the last known address of any person
to be notified.
(c) The notification must include an itemized statement of the
claim, a description of the goods subject to the lien, a demand for
payment within a specified time not less than ten days after receipt of
the notification, and a conspicuous statement that unless the claim is
paid within that time the goods will be advertised for sale and sold by
auction at a specified time and place.
(d) The sale must conform to the terms of the notification.
(e) The sale must be held at the nearest suitable place to that
where the goods are held or stored.
(f) After the expiration of the time given in the notification, an
advertisement of the sale must be published once a week for two weeks
consecutively in a newspaper of general circulation where the sale is
to be held. The advertisement must include a description of the goods,
the name of the person on whose account they are being held, and the
time and place of the sale. The sale must take place at least fifteen
days after the first publication. If there is no newspaper of general
circulation where the sale is to be held, the advertisement must be
posted at least ten days before the sale in not less than six
conspicuous places in the neighborhood of the proposed sale.
(3) Before any sale pursuant to this section any person claiming a
right in the goods may pay the amount necessary to satisfy the lien and
the reasonable expenses incurred under this section. In that event the
goods must not be sold, but must be retained by the ((warehouseman))
warehouse operator subject to the terms of the receipt and this
Article.
(4) The ((warehouseman)) warehouse operator may buy at any public
sale pursuant to this section.
(5) A purchaser in good faith of goods sold to enforce a
((warehouseman's)) warehouse operator's lien takes the goods free of
any rights of persons against whom the lien was valid, despite
noncompliance by the ((warehouseman)) warehouse operator with the
requirements of this section.
(6) The ((warehouseman)) warehouse operator may satisfy his or her
lien from the proceeds of any sale pursuant to this section but must
hold the balance, if any, for delivery on demand to any person to whom
he or she would have been bound to deliver the goods.
(7) The rights provided by this section shall be in addition to all
other rights allowed by law to a creditor against his or her debtor.
(8) Where a lien is on goods stored by a merchant in the course of
his or her business the lien may be enforced in accordance with either
subsection (1) or (2) of this section.
(9) The ((warehouseman)) warehouse operator is liable for damages
caused by failure to comply with the requirements for sale under this
section and in case of willful violation is liable for conversion.
Sec. 834 RCW 62A.7-401 and 1965 ex.s. c 157 s 7-401 are each
amended to read as follows:
The obligations imposed by this Article on an issuer apply to a
document of title regardless of the fact that:
(a) The document may not comply with the requirements of this
Article or of any other law or regulation regarding its issue, form, or
content; or
(b) The issuer may have violated laws regulating the conduct of his
or her business; or
(c) The goods covered by the document were owned by the bailee at
the time the document was issued; or
(d) The person issuing the document does not come within the
definition of ((warehouseman)) warehouse operator if it purports to be
a warehouse receipt.
Sec. 835 RCW 62A.7-403 and 1965 ex.s. c 157 s 7-403 are each
amended to read as follows:
(1) The bailee must deliver the goods to a person entitled under
the document who complies with subsections (2) and (3) of this section,
unless and to the extent that the bailee establishes any of the
following:
(a) Delivery of the goods to a person whose receipt was rightful as
against the claimant;
(b) Damage to or delay, loss, or destruction of the goods for which
the bailee is not liable;
(c) Previous sale or other disposition of the goods in lawful
enforcement of a lien or on ((warehouseman's)) warehouse operator's
lawful termination of storage;
(d) The exercise by a seller of his or her right to stop delivery
pursuant to the provisions of the Article on Sales (RCW 62A.2-705);
(e) A diversion, reconsignment, or other disposition pursuant to
the provisions of this Article (RCW 62A.7-303) or tariff regulating
such right;
(f) Release, satisfaction, or any other fact affording a personal
defense against the claimant;
(g) Any other lawful excuse.
(2) A person claiming goods covered by a document of title must
satisfy the bailee's lien where the bailee so requests or where the
bailee is prohibited by law from delivering the goods until the charges
are paid.
(3) Unless the person claiming is one against whom the document
confers no right under RCW 62A.7-503(1), he or she must surrender for
cancellation or notation of partial deliveries any outstanding
negotiable document covering the goods, and the bailee must cancel the
document or conspicuously note the partial delivery thereon or be
liable to any person to whom the document is duly negotiated.
(4) "Person entitled under the document" means holder in the case
of a negotiable document, or the person to whom delivery is to be made
by the terms of or pursuant to written instructions under a
nonnegotiable document.
Sec. 836 RCW 69.25.150 and 2003 c 53 s 317 are each amended to
read as follows:
(1)(a) Except as provided in (b) of this subsection, any person
violating any provision of this chapter or any rule adopted under this
chapter is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any
offense committed more than five years after a previous conviction
shall be considered a first offense.
(2) Whenever the director finds that a person has committed a
violation of any of the provisions of this chapter, and that violation
has not been punished pursuant to subsection (1) of this section, the
director may impose upon and collect from the violator a civil penalty
not exceeding one thousand dollars per violation per day. Each
violation shall be a separate and distinct offense.
(3) When construing or enforcing the provisions of RCW 69.25.110,
the act, omission, or failure of any person acting for or employed by
any individual, partnership, corporation, or association within the
scope of the person's employment or office shall in every case be
deemed the act, omission, or failure of such individual, partnership,
corporation, or association, as well as of such person.
(4) No carrier or ((warehouseman)) warehouse operator shall be
subject to the penalties of this chapter, other than the penalties for
violation of RCW 69.25.140, or 69.25.155, by reason of his or her
receipt, carriage, holding, or delivery, in the usual course of
business, as a carrier or ((warehouseman)) warehouse operator of eggs
or egg products owned by another person unless the carrier or
((warehouseman)) warehouse operator has knowledge, or is in possession
of facts which would cause a reasonable person to believe that such
eggs or egg products were not eligible for transportation under, or
were otherwise in violation of, this chapter, or unless the carrier or
((warehouseman)) warehouse operator refuses to furnish on request of a
representative of the director the name and address of the person from
whom he or she received such eggs or egg products and copies of all
documents, if there be any, pertaining to the delivery of the eggs or
egg products to, or by, such carrier or ((warehouseman)) warehouse
operator.
Sec. 837 RCW 69.41.030 and 2010 c 83 s 1 are each amended to read
as follows:
(1) It shall be unlawful for any person to sell, deliver, or
possess any legend drug except upon the order or prescription of a
physician under chapter 18.71 RCW, an osteopathic physician and surgeon
under chapter 18.57 RCW, an optometrist licensed under chapter 18.53
RCW who is certified by the optometry board under RCW 18.53.010, 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
commissioned medical or dental officer in the United States armed
forces or public health service in the discharge of his or her official
duties, a duly licensed physician or dentist employed by the veterans
administration in the discharge of his or her official duties, a
registered nurse or advanced registered nurse practitioner under
chapter 18.79 RCW when authorized by the nursing care quality assurance
commission, an osteopathic physician assistant under chapter 18.57A RCW
when authorized by the board of osteopathic medicine and surgery, a
physician assistant under chapter 18.71A RCW when authorized by the
medical quality assurance commission, or any of the following
professionals in any province of Canada that shares a common border
with the state of Washington or in any state of the United States: A
physician licensed to practice medicine and surgery or a physician
licensed to practice osteopathic medicine and surgery, a dentist
licensed to practice dentistry, a podiatric physician and surgeon
licensed to practice podiatric medicine and surgery, a licensed
advanced registered nurse practitioner, or a veterinarian licensed to
practice veterinary medicine: PROVIDED, HOWEVER, That the above
provisions shall not apply to sale, delivery, or possession by drug
wholesalers or drug manufacturers, or their agents or employees, or to
any practitioner acting within the scope of his or her license, or to
a common or contract carrier or ((warehouseman)) warehouse operator, or
any employee thereof, whose possession of any legend drug is in the
usual course of business or employment: PROVIDED FURTHER, That nothing
in this chapter or chapter 18.64 RCW shall prevent a family planning
clinic that is under contract with the department of social and health
services from selling, delivering, possessing, and dispensing
commercially prepackaged oral contraceptives prescribed by authorized,
licensed health care practitioners.
(2)(a) A violation of this section involving the sale, delivery, or
possession with intent to sell or deliver is a class B felony
punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving possession is a
misdemeanor.
Sec. 838 RCW 69.43.135 and 2006 c 188 s 1 are each amended to
read as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Iodine matrix" means iodine at a concentration greater than
two percent by weight in a matrix or solution.
(b) "Matrix" means something, as a substance, in which something
else originates, develops, or is contained.
(c) "Methylsulfonylmethane" means methylsulfonylmethane in its
powder form only, and does not include products containing
methylsulfonylmethane in other forms such as liquids, tablets, capsules
not containing methylsulfonylmethane in pure powder form, ointments,
creams, cosmetics, foods, and beverages.
(2) Any person who knowingly purchases in a thirty-day period or
possesses any quantity of iodine in its elemental form, an iodine
matrix, or more than two pounds of methylsulfonylmethane is guilty of
a gross misdemeanor, except as provided in subsection (3) of this
section.
(3) Subsection (2) of this section does not apply to:
(a) A person who possesses iodine in its elemental form or an
iodine matrix as a prescription drug, under a prescription issued by a
licensed veterinarian, physician, or advanced registered nurse
practitioner;
(b) A person who possesses iodine in its elemental form, an iodine
matrix, or any quantity of methylsulfonylmethane in its powder form and
is actively engaged in the practice of animal husbandry of livestock;
(c) A person who possesses iodine in its elemental form or an
iodine matrix in conjunction with experiments conducted in a chemistry
or chemistry-related laboratory maintained by a:
(i) Public or private secondary school;
(ii) Public or private institution of higher education that is
accredited by a regional or national accrediting agency recognized by
the United States department of education;
(iii) Manufacturing facility, government agency, or research
facility in the course of lawful business activities;
(d) A veterinarian, physician, advanced registered nurse
practitioner, pharmacist, retail distributor, wholesaler, manufacturer,
((warehouseman)) warehouse operator, or common carrier, or an agent of
any of these persons who possesses iodine in its elemental form, an
iodine matrix, or methylsulfonylmethane in its powder form in the
regular course of lawful business activities; or
(e) A person working in a general hospital who possesses iodine in
its elemental form or an iodine matrix in the regular course of
employment at the hospital.
(4) Any person who purchases any quantity of iodine in its
elemental form, an iodine matrix, or any quantity of
methylsulfonylmethane must present an identification card or driver's
license issued by any state in the United States or jurisdiction of
another country before purchasing the item.
(5) The Washington state patrol shall develop a form to be used in
recording transactions involving iodine in its elemental form, an
iodine matrix, or methylsulfonylmethane. A person who sells or
otherwise transfers any quantity of iodine in its elemental form, an
iodine matrix, or any quantity of methylsulfonylmethane to a person for
any purpose authorized in subsection (3) of this section must record
each sale or transfer. The record must be made on the form developed
by the Washington state patrol and must be retained by the person for
at least three years. The Washington state patrol or any local law
enforcement agency may request access to the records((:)).
(a) Failure to make or retain a record required under this
subsection is a misdemeanor.
(b) Failure to comply with a request for access to records required
under this subsection to the Washington state patrol or a local law
enforcement agency is a misdemeanor.
Sec. 839 RCW 69.50.302 and 1993 c 187 s 16 are each amended to
read as follows:
(a) Every person who manufactures, distributes, or dispenses any
controlled substance within this state or who proposes to engage in the
manufacture, distribution, or dispensing of any controlled substance
within this state, shall obtain annually a registration issued by the
department in accordance with the board's rules.
(b) A person registered by the department under this chapter to
manufacture, distribute, dispense, or conduct research with controlled
substances may possess, manufacture, distribute, dispense, or conduct
research with those substances to the extent authorized by the
registration and in conformity with this Article.
(c) The following persons need not register and may lawfully
possess controlled substances under this chapter:
(1) An agent or employee of any registered manufacturer,
distributor, or dispenser of any controlled substance if the agent or
employee is acting in the usual course of business or employment. This
exemption shall not include any agent or employee distributing sample
controlled substances to practitioners without an order;
(2) A common or contract carrier or ((warehouseman)) warehouse
operator, or an employee thereof, whose possession of any controlled
substance is in the usual course of business or employment;
(3) An ultimate user or a person in possession of any controlled
substance pursuant to a lawful order of a practitioner or in lawful
possession of a substance included in Schedule V.
(d) The board may waive by rule the requirement for registration of
certain manufacturers, distributors, or dispensers upon finding it
consistent with the public health and safety. Personal practitioners
licensed or registered in the state of Washington under the respective
professional licensing acts shall not be required to be registered
under this chapter unless the specific exemption is denied pursuant to
RCW 69.50.305 for violation of any provisions of this chapter.
(e) A separate registration is required at each principal place of
business or professional practice where the applicant manufactures,
distributes, or dispenses controlled substances.
(f) The department may inspect the establishment of a registrant or
applicant for registration in accordance with rules adopted by the
board.
Sec. 840 RCW 70.74.300 and 1969 ex.s. c 137 s 26 are each amended
to read as follows:
Every person who shall put up for sale, or who shall deliver to any
((warehouseman)) warehouse operator, dock, depot, or common carrier any
package, cask, or can containing any explosive, nitroglycerin,
dynamite, or powder, without having been properly labeled thereon to
indicate its explosive classification, shall be guilty of a gross
misdemeanor.