| Passed by the Senate January 27, 2012 YEAS 44 ________________________________________ President of the Senate Passed by the House February 29, 2012 YEAS 66 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6095 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to making technical corrections to gender-based terms; amending RCW 2.12.037, 6.15.010, 9.95.270, 9.96.020, 41.04.120, 41.04.233, 41.04.510, 41.06.073, 41.06.075, 41.06.120, 41.14.030, 41.14.060, 41.14.090, 41.14.110, 41.14.120, 41.14.180, 41.14.250, 41.14.260, 41.14.270, 41.20.010, 41.20.020, 41.20.050, 41.20.060, 41.20.065, 41.20.070, 41.20.080, 41.20.085, 41.20.090, 41.20.100, 41.20.110, 41.20.120, 41.20.150, 41.20.155, 41.20.160, 41.20.170, 41.20.175, 41.24.100, 41.24.260, 41.26.040, 41.26.045, 41.26.046, 41.26.047, 41.28.010, 41.28.030, 41.28.040, 41.28.050, 41.28.080, 41.28.110, 41.28.120, 41.28.130, 41.28.140, 41.28.150, 41.28.160, 41.28.170, 41.28.180, 41.32.044, 41.32.497, 41.33.020, 41.40.210, 41.41.020, 41.44.030, 41.44.070, 41.44.080, 41.44.110, 41.44.120, 41.44.130, 41.44.140, 41.44.150, 41.44.160, 41.44.170, 41.44.180, 41.44.190, 41.44.200, 41.44.210, 41.44.220, 41.44.250, 41.48.020, 41.48.040, 41.48.050, 41.48.090, 41.48.100, 41.50.020, 41.56.080, 41.56.120, 41.56.220, 41.56.450, 41.56.470, 41.58.010, 41.58.801, 41.59.090, 41.59.120, 41.59.140, 42.04.020, 42.08.020, 42.08.030, 42.08.050, 42.08.090, 42.08.100, 42.08.110, 42.08.120, 42.08.130, 42.08.140, 42.08.160, 42.12.030, 42.14.010, 42.14.030, 42.14.060, 42.16.013, 42.16.014, 42.16.020, 42.16.040, 42.20.020, 42.20.030, 42.20.050, 42.20.080, 42.20.110, 42.24.110, 42.24.140, 42.24.150, 42.24.160, 42.26.050, 42.26.070, 42.30.040, 42.30.090, 42.30.120, 42.56.040, 46.21.030, 46.23.020, 49.32.072, 60.08.020, 60.08.060, 60.10.070, 60.16.010, 60.24.020, 60.24.030, 60.24.035, 60.24.075, 60.24.100, 60.24.130, 60.24.140, 60.24.150, 60.24.170, 60.24.190, 60.24.200, 60.28.030, 60.28.060, 60.32.010, 60.32.020, 60.34.010, 60.34.020, 60.40.020, 60.44.060, 60.52.010, 60.56.005, 60.60.040, 60.66.020, 60.76.010, 60.76.020, 61.12.040, 61.12.090, 61.12.093, 61.12.094, 61.12.120, 63.10.030, 63.14.030, 63.14.040, 63.14.060, 63.14.080, 63.14.110, 63.14.140, 63.14.150, 63.14.152, 63.14.158, 63.14.200, 63.29.010, 63.29.070, 63.29.120, 63.29.200, 63.29.350, 63.32.040, 63.40.020, 63.40.040, 63.48.020, 64.04.030, 64.04.040, 64.04.050, 64.04.070, 64.08.020, 64.08.070, 64.08.090, 64.12.040, 64.12.050, 64.16.005, 64.20.030, 64.32.040, 64.32.060, 64.32.070, 64.32.180, 64.32.200, 64.32.210, 64.32.220, 64.32.240, 65.04.070, 65.04.130, 65.04.140, 65.08.070, 65.08.120, 65.08.150, 65.12.005, 65.12.015, 65.12.020, 65.12.055, 65.12.060, 65.12.065, 65.12.070, 65.12.090, 65.12.110, 65.12.140, 65.12.150, 65.12.160, 65.12.170, 65.12.175, 65.12.180, 65.12.200, 65.12.235, 65.12.250, 65.12.255, 65.12.260, 65.12.265, 65.12.290, 65.12.300, 65.12.310, 65.12.320, 65.12.360, 65.12.370, 65.12.380, 65.12.430, 65.12.445, 65.12.450, 65.12.470, 65.12.480, 65.12.490, 65.12.500, 65.12.530, 65.12.550, 65.12.560, 65.12.570, 65.12.590, 65.12.600, 65.12.610, 65.12.620, 65.12.635, 65.12.640, 65.12.650, 65.12.690, 65.12.710, 65.12.720, 65.12.770, 65.12.790, 65.12.800, 65.16.070, 66.08.012, 66.08.014, 66.08.022, 66.08.080, 66.08.100, 66.12.030, 66.12.070, 66.12.110, 66.20.020, 66.20.040, 66.20.080, 66.20.090, 66.20.100, 66.20.110, 66.20.150, 66.20.190, 66.24.480, 66.28.130, 66.32.060, 66.36.010, 66.40.040, 66.40.100, 66.40.110, 66.40.140, 66.44.090, 66.44.140, 66.44.170, 66.44.292, 66.98.020, 67.04.010, 67.04.020, 67.04.030, 67.04.040, 67.04.050, 67.04.070, 67.04.090, 67.04.120, 67.14.040, 67.14.070, 67.16.015, 67.16.017, 67.70.030, 67.70.050, 67.70.070, 67.70.200, 67.70.290, 68.40.085, 68.40.090, 68.44.030, 68.50.040, 68.50.060, 68.50.080, 68.50.102, 68.50.300, 68.52.120, 68.52.260, 68.52.270, 68.54.040, 68.54.050, 68.54.070, 68.54.110, 68.56.020, 68.56.060, 69.04.006, 69.04.080, 69.04.090, 69.04.160, 69.04.170, 69.04.190, 69.04.206, 69.04.350, 69.04.390, 69.04.392, 69.04.570, 69.04.600, 69.04.620, 69.04.750, 69.04.790, 69.04.840, 69.04.915, 69.07.060, 69.25.080, 69.25.100, 69.25.110, 69.25.120, 69.25.140, 69.25.170, 69.25.180, 69.25.200, 69.25.260, 69.25.320, 69.28.020, 69.28.030, 69.28.040, 69.28.190, 69.28.410, 69.28.420, 69.36.010, 69.36.020, 69.36.040, 69.41.130, 69.50.102, 69.50.309, 69.50.412, 69.50.502, 69.50.506, 69.50.507, 70.08.060, 70.37.030, 70.40.040, 70.40.090, 70.40.130, 70.44.020, 70.44.171, 70.44.185, 70.50.020, 70.54.050, 70.58.010, 70.58.020, 70.58.040, 70.58.050, 70.58.095, 70.58.145, 70.58.270, 70.74.010, 70.74.020, 70.74.110, 70.74.120, 70.74.310, 70.77.450, 70.77.495, 70.77.545, 70.79.100, 70.79.170, 70.79.180, 70.79.330, 70.82.024, 70.82.030, 70.93.040, 70.94.095, 70.94.120, 70.94.142, 70.94.390, 70.94.715, 70.94.720, 70.95.210, 70.95B.020, 70.96A.180, 70.98.050, 70.98.100, 70.98.190, 70.105.095, 70.106.040, 70.106.100, 70.106.110, 70.108.020, 70.108.060, 70.108.070, 70.108.150, 70.110.080, 70.112.020, 70.121.030, 70.121.040, 70.121.090, 71.06.010, 71.06.020, 71.06.050, 71.06.060, 71.06.080, 71.06.091, 71.06.100, 71.06.120, 71.06.130, 71.06.260, 71.12.570, 71.12.640, 71.24.100, 72.01.060, 72.01.120, 72.01.140, 72.01.150, 72.01.180, 72.01.240, 72.01.280, 72.01.282, 72.01.300, 72.01.310, 72.01.380, 72.01.460, 72.02.100, 72.02.110, 72.04A.090, 72.04A.120, 72.05.152, 72.05.154, 72.19.040, 72.20.040, 72.23.040, 72.23.050, 72.23.060, 72.23.130, 72.23.160, 72.23.200, 72.23.230, 72.23.240, 72.25.020, 72.27.050, 72.41.020, 72.41.030, 72.42.031, 72.60.100, 72.60.160, 72.64.010, 72.64.040, 72.64.065, 72.64.070, 72.64.110, 72.65.020, 72.65.030, 72.65.040, 72.66.010, 72.66.014, 72.66.018, 72.66.022, 72.66.024, 72.66.024, 72.66.026, 72.66.028, 72.66.032, 72.66.034, 72.66.050, 72.66.080, 72.66.090, 72.68.031, 72.68.040, 72.68.050, 72.68.060, 72.68.070, 73.04.050, 73.04.060, 73.04.120, 73.20.060, 73.36.010, 73.36.040, 73.36.060, 73.36.090, 73.36.100, 73.36.110, 73.36.130, 73.36.150, 73.36.155, 73.36.160, and 73.36.165; and reenacting and amending RCW 41.56.070, 63.14.154, 66.04.010, and 70.37.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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 or widower 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. 2 RCW 6.15.010 and 2011 c 162 s 2 are each amended to read
as follows:
(1) Except as provided in RCW 6.15.050, the following personal
property is exempt from execution, attachment, and garnishment:
(a) All wearing apparel of every individual and family, but not to
exceed three thousand five hundred dollars in value in furs, jewelry,
and personal ornaments for any individual.
(b) All private libraries including electronic media, which
includes audio-visual, entertainment, or reference media in digital or
analogue format, of every individual, but not to exceed three thousand
five hundred dollars in value, and all family pictures and keepsakes.
(c) To each individual or, as to community property of spouses
maintaining a single household as against a creditor of the community,
to the community:
(i) The individual's or community's household goods, appliances,
furniture, and home and yard equipment, not to exceed six thousand five
hundred dollars in value for the individual or thirteen thousand
dollars for the community, no single item to exceed seven hundred fifty
dollars, said amount to include provisions and fuel for the comfortable
maintenance of the individual or community;
(ii) Other personal property, except personal earnings as provided
under RCW 6.15.050(1), not to exceed three thousand dollars in value,
of which not more than one thousand five hundred dollars in value may
consist of cash, and of which not more than:
(A) Until January 1, 2018:
(I) For debts owed to state agencies, two hundred dollars in value
may consist of bank accounts, savings and loan accounts, stocks, bonds,
or other securities. The maximum exemption under (c)(ii)(A) of this
subsection may not exceed two hundred dollars, regardless of the number
of existing separate bank accounts, savings and loan accounts, stocks,
bonds, or other securities.
(II) For all other debts, five hundred dollars in value may consist
of bank accounts, savings and loan accounts, stocks, bonds, or other
securities. The maximum exemption under (c)(ii)(B) of this subsection
may not exceed five hundred dollars, regardless of the number of
existing separate bank accounts, savings and loan accounts, stocks,
bonds, or other securities.
(B) After January 1, 2018: For all debts, five hundred dollars in
value may consist of bank accounts, savings and loan accounts, stocks,
bonds, or other securities. The maximum exemption under this
subsection (1)(c)(ii)(B) may not exceed five hundred dollars,
regardless of the number of existing separate bank accounts, savings
and loan accounts, stocks, bonds, or other securities;
(iii) For an individual, a motor vehicle used for personal
transportation, not to exceed three thousand two hundred fifty dollars
or for a community two motor vehicles used for personal transportation,
not to exceed six thousand five hundred dollars in aggregate value;
(iv) Any past due, current, or future child support paid or owed to
the debtor, which can be traced;
(v) All professionally prescribed health aids for the debtor or a
dependent of the debtor; and
(vi) To any individual, the right to or proceeds of a payment not
to exceed twenty thousand dollars on account of personal bodily injury,
not including pain and suffering or compensation for actual pecuniary
loss, of the debtor or an individual of whom the debtor is a dependent;
or the right to or proceeds of a payment in compensation of loss of
future earnings of the debtor or an individual of whom the debtor is or
was a dependent, to the extent reasonably necessary for the support of
the debtor and any dependent of the debtor. The exemption under this
subsection (1)(c)(vi) does not apply to the right of the state of
Washington, or any agent or assignee of the state, as a lienholder or
subrogee under RCW 43.20B.060.
(d) To each qualified individual, one of the following exemptions:
(i) To a farmer, farm trucks, farm stock, farm tools, farm
equipment, supplies and seed, not to exceed ten thousand dollars in
value;
(ii) To a physician, surgeon, attorney, ((clergyman)) member of the
clergy, or other professional person, the individual's library, office
furniture, office equipment and supplies, not to exceed ten thousand
dollars in value;
(iii) To any other individual, the tools and instruments and
materials used to carry on his or her trade for the support of himself
or herself or family, not to exceed ten thousand dollars in value.
(e) Tuition units, under chapter 28B.95 RCW, purchased more than
two years prior to the date of a bankruptcy filing or court judgment,
and contributions to any other qualified tuition program under 26
U.S.C. Sec. 529 of the internal revenue code of 1986, as amended, and
to a Coverdell education savings account, also known as an education
individual retirement account, under 26 U.S.C. Sec. 530 of the internal
revenue code of 1986, as amended, contributed more than two years prior
to the date of a bankruptcy filing or court judgment.
(2) For purposes of this section, "value" means the reasonable
market value of the debtor's interest in an article or item at the time
it is selected for exemption, exclusive of all liens and encumbrances
thereon.
Sec. 3 RCW 9.95.270 and 1937 c 92 s 1 are each amended to read as
follows:
The governor of this state is hereby authorized to execute a
compact on behalf of the state of Washington with any of the United
States legally joining therein in the form substantially as follows:
A compact entered into by and among the contracting states,
signatories hereto, with the consent of the congress of the United
States of America, granted by an act entitled "An Act granting the
consent of congress to any two or more states to enter into agreements
or compacts for cooperative effort and mutual assistance in the
prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a state, party to this compact,
(herein called "sending state"), to permit any person convicted of an
offense within such state and placed on probation or released on parole
to reside in any other state party to this compact, (herein called
"receiving state"), while on probation or parole, if
(a) Such person is in fact a resident of or has his or her family
residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his
or her family residing there, the receiving state consents to such
person being sent there.
Before granting such permission, opportunity shall be granted to
the receiving state to investigate the home and prospective employment
of such person.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one year prior to his or her coming to the
sending state and has not resided within the sending state more than
six continuous months immediately preceding the commission of the
offense for which he or she has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending state
and in the exercise of those duties will be governed by the same
standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all
times enter a receiving state and there apprehend and retake any person
on probation or parole. For that purpose no formalities will be
required other than establishing the authority of the officer and the
identity of the person to be retaken. All legal requirements to obtain
extradition of fugitives from justice are hereby expressly waived on
the part of states party hereto, as to such persons. The decision of
the sending state to retake a person on probation or parole shall be
conclusive upon and not reviewable within the receiving state:
PROVIDED, HOWEVER, That if at the time when a state seeks to retake a
probationer or parolee there should be pending against him or her
within the receiving state any criminal charge, or he or she should be
suspected of having committed within such state a criminal offense, he
or she shall not be retaken without the consent of the receiving state
until discharged from prosecution or from imprisonment for such
offense.
(4) That the duly accredited officers of the sending state will be
permitted to transport prisoners being retaken through any and all
states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who,
acting jointly with like officers of other contracting states, if and
when appointed, shall promulgate such rules and regulations as may be
deemed necessary to more effectively carry out the terms of this
compact.
(6) That this compact shall become operative immediately upon its
execution by any state as between it and any other state or states so
executing. When executed it shall have the full force and effect of
law within such state, the form of execution to be in accordance with
the laws of the executing state.
(7) That this compact shall continue in force and remain binding
upon each executing state until renounced by it. The duties and
obligations hereunder of a renouncing state shall continue as to
parolees or probationers residing therein at the time of withdrawal
until retaken or finally discharged by the sending state. Renunciation
of this compact shall be by the same authority which executed it, by
sending six months' notice in writing of its intention to withdraw from
the compact to the other states, party hereto.
Sec. 4 RCW 9.96.020 and 2011 c 336 s 343 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. 5 RCW 41.04.120 and 1957 c 164 s 1 are each amended to read
as follows:
Any civil service employee of the state of Washington or of any
political subdivision thereof who is on leave of absence by reason of
having been elected or appointed to an elective office shall be
preserved in his or her civil service status, his or her seniority,
rank and retirement rights so long as he or she regularly continues to
make the usual contribution incident to the retention of such
beneficial rights as if he or she were not on leave of absence:
PROVIDED, That such contributions being made shall be based on the rank
at the time of taking such leave of absence.
Sec. 6 RCW 41.04.233 and 1975 1st ex.s. c 290 s 20 are each
amended to read as follows:
Any employee or retired employee of the state or its departments,
agencies, or subdivisions and any employee or retired employee of a
county, public or municipal corporation, school district, or tax
supported institution may authorize the deduction from his or her
salary or wages of the amount of his or her capitation payments to any
health maintenance organization receiving a certificate of authority
under this chapter. Upon the filing of an authorization with the
auditor or fiscal officer of the employer, such auditor or fiscal
officer shall make payments in favor of the health maintenance
organizations referred to in the authorization for the amounts of the
deductions authorized, RCW 41.04.230(7) notwithstanding.
Sec. 7 RCW 41.04.510 and 1989 c 21 s 1 are each amended to read
as follows:
The disability leave supplement shall be paid as follows:
(1) The disability leave supplement shall begin on the sixth
calendar day from the date of the injury or illness which entitles the
employee to benefits under RCW 51.32.090. For the purposes of this
section, the day of injury shall constitute the first calendar day.
(2) One-half of the amount of the supplement as defined in RCW
41.04.505 shall be charged against the accrued paid leave of the
employee. In computing such charge, the employer shall convert
accumulated days, or other time units as the case may be, to a money
equivalent based on the base monthly salary of the employee at the time
of the injury or illness. "Base monthly salary" for the purposes of
this section means the amount earned by the employee before any
voluntary or involuntary payroll deductions, and not including overtime
pay.
(3) One-half of the amount of the supplement as defined in RCW
41.04.505 shall be paid by the employer.
If an employee has no accrued paid leave at the time of an injury
or illness which entitles him or her to benefits under RCW 51.32.090,
or if accrued paid leave is exhausted during the period of disability,
the employee shall receive only that portion of the disability leave
supplement prescribed by subsection (3) of this section.
Sec. 8 RCW 41.06.073 and 1970 ex.s. c 62 s 11 are each amended to
read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the
provisions of this chapter shall not apply in the department of ecology
to the director, his or her confidential secretary, his or her deputy
director, and not to exceed six assistant directors.
Sec. 9 RCW 41.06.075 and 1979 c 151 s 56 are each amended to read
as follows:
In addition to the exemptions set forth in RCW 41.06.070, the
provisions of this chapter shall not apply in the office of financial
management to the director, his or her confidential secretary, not to
exceed two deputy directors and not to exceed seven assistant
directors.
Sec. 10 RCW 41.06.120 and 2011 1st sp.s. c 43 s 406 are each
amended to read as follows:
(1) In the necessary conduct of its work, the board shall meet
monthly unless there is no pending business requiring board action and
may hold hearings, such hearings to be called by (a) the ((chairman))
chair of the board, or (b) a majority of the members of the board. An
official notice of the calling of the hearing shall be filed with the
secretary, and all members shall be notified of the hearing within a
reasonable period of time prior to its convening.
(2) No release of material or statement of findings shall be made
except with the approval of a majority of the board;
(3) In the conduct of hearings or investigations, a member of the
board or the director, or the hearing officer, may administer oaths.
Sec. 11 RCW 41.14.030 and 2009 c 112 s 2 are each amended to read
as follows:
(1) There is created in each county and in each combination of
counties, combined pursuant to RCW 41.14.040 to carry out the
provisions of this chapter, a civil service commission which shall be
composed of three persons, or five persons under subsection (2) of this
section. The commission members shall be appointed by the board of
county commissioners, or boards of county commissioners of each
combination of counties, within sixty days after December 4, 1958. No
person shall be appointed to the commission who is not a citizen of the
United States, a resident of the county, or one of the counties
combined, for at least two years immediately preceding his or her
appointment, and an elector of the county wherein he or she resides.
The term of office of the commissioners shall be six years, except that
the first three members of the commission shall be appointed for
different terms, as follows: One to serve for a period of two years,
one to serve for a period of four years, and one to serve for a period
of six years. Any member of the commission may be removed from office
for incompetency, incompatibility, or dereliction of duty, or
malfeasance in office, or other good cause: PROVIDED, That no member
of the commission shall be removed until charges have been preferred,
in writing, due notice, and a full hearing had. Any vacancy in the
commission shall be filled by the county commissioners for the
unexpired term. Two members of the commission shall constitute a
quorum and the votes of any two members concurring shall be sufficient
for the decision of all matters and the transaction of all business to
be decided or transacted by the commission. Confirmation of the
appointment of commissioners by any legislative body shall not be
required. At the time of appointment not more than two commissioners
shall be adherents of the same political party. No member after
appointment shall hold any salaried public office or engage in county
employment, other than his or her commission duties. The members of
the commission shall serve without compensation.
(2)(a) Each county and each combination of counties under RCW
41.14.040 may, by ordinance, increase the number of members serving on
a commission from three to five members. If a commission is increased
to five members, the terms of the three commissioners serving at the
time of the increase are not affected. The initial term of office for
the two additional commissioners is six years.
(b) Three commissioners constitute a quorum for a five-member
commission and the votes of three commissioners concurring are
sufficient for the decision of all matters and the transaction of all
business decided or transacted by a five-member commission.
(c) At the time of appointment of the two additional commissioners,
no more than three commissioners may be adherents of the same political
party.
(d) Except as provided otherwise in this subsection (2), subsection
(1) of this section applies to five-member commissions.
Sec. 12 RCW 41.14.060 and 2001 c 232 s 1 are each amended to read
as follows:
It shall be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with
the provisions hereof. Such rules and regulations shall provide in
detail the manner in which examinations may be held, and appointments,
promotions, reallocations, transfers, reinstatements, demotions,
suspensions, and discharges shall be made, and may also provide for any
other matters connected with the general subject of personnel
administration, and which may be considered desirable to further carry
out the general purposes of this chapter, or which may be found to be
in the interest of good personnel administration. The rules and
regulations and any amendments thereof shall be printed, mimeographed,
or multigraphed for free public distribution. Such rules and
regulations may be changed from time to time.
(2) To give practical tests which shall consist only of subjects
which will fairly determine the capacity of persons examined to perform
duties of the position to which appointment is to be made. Such tests
may include tests of physical fitness or manual skill or both.
(3) To make investigations concerning and report upon all matters
touching the enforcement and effect of the provisions of this chapter,
and the rules and regulations prescribed hereunder; to inspect all
departments, offices, places, positions, and employments affected by
this chapter, and ascertain whether this chapter and all such rules and
regulations are being obeyed. Such investigations may be made by the
commission or by any commissioner designated by the commission for that
purpose. Not only must these investigations be made by the commission
as aforesaid, but the commission must make like investigation on
petition of a citizen, duly verified, stating that irregularities or
abuses exist, or setting forth in concise language, in writing, the
necessity for such investigation. In the course of such investigation
the commission or designated commissioner, or chief examiner, may
administer oaths, subpoena and require the attendance of witnesses and
the production by them of books, papers, documents, and accounts
appertaining to the investigation and also cause the deposition of
witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions in the
superior court; and the oaths administered and the subpoenas issued
hereunder shall have the same force and effect as the oaths
administered and subpoenas issued by a superior court judge in his or
her judicial capacity; and the failure of any person so subpoenaed to
comply with the provisions of this section shall be deemed a violation
of this chapter, and punishable as such.
(4) To conduct hearings and investigations in accordance with this
chapter and by the rules of practice and procedure adopted by the
commission, and in the conduct thereof neither the commission, nor
designated commissioner shall be bound by technical rules of evidence.
No informality in any proceedings or hearing, or in the manner of
taking testimony before the commission or designated commissioner,
shall invalidate any order, decision, rule, or regulation made,
approved, or confirmed by the commission: PROVIDED, That no order,
decision, rule, or regulation made by any designated commissioner
conducting any hearing or investigation alone shall be of any force or
effect whatsoever unless and until concurred in by at least one of the
other two members.
(5) To hear and determine appeals or complaints respecting the
allocation of positions, the rejection of an examinee, and such other
matters as may be referred to the commission.
(6) To provide for, formulate, and hold competitive tests to
determine the relative qualifications of persons who seek employment in
any class or position and as a result thereof establish eligible lists
for the various classes of positions, and provide that persons laid
off, or who have accepted voluntary demotion in lieu of layoff, because
of curtailment of expenditures, reduction in force, and for like
causes, head the list in the order of their seniority, to the end that
they shall be the first to be reemployed or reinstated in their former
job class.
(7) To certify to the appointing authority, when a vacant position
is to be filled, on written request, the names of the three persons
highest on the eligible list for the class. If there is no such list,
to authorize a provisional or temporary appointment list for such
class. A temporary appointment expires after four months. However,
the appointing authority may extend the temporary appointment beyond
the four-month period up to one year if the commission continues to
advertise and test for the position. If, after one year from the date
the initial temporary appointment was first made, there are less than
three persons on the eligible list for the class, then the appointing
authority may fill the position with any person or persons on the
eligible list.
(8) To keep such records as may be necessary for the proper
administration of this chapter.
Sec. 13 RCW 41.14.090 and 1959 c 1 s 9 are each amended to read
as follows:
For the benefit of the public service and to prevent delay, injury,
or interruption therein by reason of the enactment hereof, all persons
holding a position which is deemed classified by RCW 41.14.070 for a
continuous period of six months prior to December 4, 1958, are eligible
for permanent appointment under civil service to the offices, places,
positions, or employments which they then held without examination or
other act on their part, and not on probation; and every such person is
automatically adopted and inducted permanently into civil service, into
the office, place, position, or employment which he or she then held as
completely and effectually to all intents and purposes as if such
person had been permanently appointed thereto under civil service after
examination and investigation.
Sec. 14 RCW 41.14.110 and 1959 c 1 s 11 are each amended to read
as follows:
The tenure of every person holding an office, place, position, or
employment under the provisions of this chapter shall be only during
good behavior, and any such person may be removed or discharged,
suspended without pay, demoted, or reduced in rank, or deprived of
vacation privileges or other special privileges for any of the
following reasons:
(1) Incompetency, inefficiency, or inattention to, or dereliction
of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination,
discourteous treatment of the public, or a fellow employee, or any
other act of omission or commission tending to injure the public
service; or any other ((wilful)) willful failure on the part of the
employee to properly conduct himself or herself; or any ((wilful))
willful violation of the provisions of this chapter or the rules and
regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which the
employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics, or any
other habit forming drug, liquid, or preparation to such extent that
the use thereof interferes with the efficiency or mental or physical
fitness of the employee, or which precludes the employee from properly
performing the function and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor involving moral
turpitude;
(7) Any other act or failure to act which in the judgment of the
civil service commission is sufficient to show the offender to be an
unsuitable and unfit person to be employed in the public service.
Sec. 15 RCW 41.14.120 and 1984 c 199 s 1 are each amended to read
as follows:
No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this
chapter, shall be removed, suspended, demoted, or discharged except for
cause, and only upon written accusation of the appointing power or any
citizen or taxpayer; a written statement of which accusation, in
general terms, shall be served upon the accused, and a duplicate filed
with the commission. Any person so removed, suspended, discharged, or
demoted may within ten days from the time of his or her removal,
suspension, discharge, or demotion file with the commission a written
demand for an investigation, whereupon the commission shall conduct
such investigation. Upon receipt of the written demand for an
investigation, the commission shall within ten days set a date for a
public hearing which will be held within thirty days from the date of
receipt. The investigation shall be confined to the determination of
the question of whether the removal, suspension, demotion, or discharge
was made in good faith for cause. After such investigation the
commission shall render a written decision within ten days and may
affirm the removal, suspension, demotion, or discharge, or if it finds
that removal, suspension, demotion, or discharge was not made in good
faith for cause, shall order the immediate reinstatement or
reemployment of such person in the office, place, position, or
employment from which he or she was removed, suspended, demoted, or
discharged, which reinstatement shall, if the commission so provides,
be retroactive, and entitle such person to pay or compensation from the
time of the removal, suspension, demotion, or discharge. The
commission upon such investigation, in lieu of affirming a removal,
suspension, demotion, or discharge, may modify the order by directing
the removal, suspension, demotion, or discharge without pay, for a
given period, and subsequent restoration to duty, or demotion in
classification, grade, or pay. The findings of the commission shall be
certified, in writing to the appointing power, and shall be forthwith
enforced by such officer.
All investigations made by the commission pursuant to this section
shall be by public hearing, after reasonable notice to the accused of
the time and place thereof, at which hearing the accused shall be
afforded an opportunity of appearing in person and by counsel, and
presenting his or her defense. If order of removal, suspension,
demotion, or discharge is concurred in by the commission or a majority
thereof, the accused may appeal therefrom to the superior court of the
county wherein he or she resides. Such appeal shall be taken by
serving the commission, within thirty days after the entry of its
order, a written notice of appeal, stating the grounds thereof, and
demanding that a certified transcript of the record and of all papers
on file in the office of the commission affecting or relating to its
order, be filed by the commission with the court. The commission
shall, within ten days after the filing of the notice, make, certify,
and file such transcript with the court. The court shall thereupon
proceed to hear and determine the appeal in a summary manner. Such
hearing shall be confined to the determination of whether the order of
removal, suspension, demotion, or discharge made by the commission, was
or was not made in good faith for cause, and no appeal shall be taken
except upon such ground or grounds. The decision of the superior court
may be appealed to the supreme court or the court of appeals.
Sec. 16 RCW 41.14.180 and 1959 c 1 s 18 are each amended to read
as follows:
No commissioner or any other person, shall, by himself or herself
or in cooperation with others, defeat, deceive, or obstruct any person
in respect of his or her right of examination or registration according
to the rules and regulations, or falsely mark, grade, estimate, or
report upon the examination or proper standing of any person examined,
registered, or certified pursuant to this chapter, or aid in so doing,
or make any false representation concerning the same, or concerning the
person examined, or furnish any person any special or secret
information for the purpose of improving or injuring the prospects or
chances of any person so examined, registered or certified, or to be
examined, registered, or certified, or persuade any other person, or
permit or aid in any manner any other person to personate him or her,
in connection with any examination or registration of application or
request to be examined or registered.
The right of any person to an appointment or promotion to any
position in a sheriff's office shall not be withheld because of his or
her race, color, creed, national origin, political affiliation or
belief, nor shall any person be dismissed, demoted, or reduced in grade
for such reason.
Sec. 17 RCW 41.14.250 and 1972 ex.s. c 48 s 1 are each amended to
read as follows:
When any city or town shall contract with the county sheriff's
office to obtain law enforcement services to the city or town, any
employee of the police department of such city or town who (1) was at
the time such contract was entered into employed exclusively or
principally in performing the powers, duties, and functions which are
to be performed by the county sheriff's office under such contract (2)
will, as a direct consequence of such contract, be separated from the
employ of the city or town, and (3) meets the minimum standards and
qualifications of the county sheriff's office, then such employee may
transfer his or her employment to the county sheriff's office as
provided for in RCW 41.14.260 and 41.14.270.
Sec. 18 RCW 41.14.260 and 1972 ex.s. c 48 s 2 are each amended to
read as follows:
(1) An eligible employee may transfer into the county civil service
system for the sheriff's office by filing a written request with the
county civil service commission and by giving written notice thereof to
the legislative authority of the city or town. Upon receipt of such
request by the civil service commission the transfer of employment
shall be made. The employee so transferring will (1) be on probation
for the same period as are new employees of the sheriff's office, (2)
be eligible for promotion after completion of the probationary period
as completed, (3) receive a salary at least equal to that of other new
employees of the sheriff's office, and (4) in all other matters, such
as retirement, vacation, etc., have, within the county civil service
system, all the rights, benefits, and privileges that he or she would
have been entitled to had he or she been a member of the county
sheriff's office from the beginning of his or her employment with the
city or town police department. The city or town shall, upon receipt
of such notice, transmit to the county civil service commission a
record of the employee's service with the city or town which shall be
credited to such member as a part of his or her period of employment in
the county sheriff's office. The sheriff may appoint the transferring
employee to whatever duties he or she feels are in the best interest of
the department and the individual.
(2) If in the process of contracting for law enforcement services
economies or efficiencies are achieved or if the city or town intends
by such contract to curtail expenditures and the level of services to
the city or town, then only so many of the transferring employees shall
be placed upon the payroll of the sheriff's office as the sheriff
determines are needed to provide the contracted services. These needed
employees shall be taken in order of seniority and the remaining
employees who transfer as provided in RCW 41.14.250, 41.14.260, and
41.14.270 shall head the list of their respective class or job listing
in the civil service system in order of their seniority, to the end
that they shall be the first to be reemployed in the county sheriff's
office when appropriate positions become available.
Sec. 19 RCW 41.14.270 and 1972 ex.s. c 48 s 3 are each amended to
read as follows:
When a city or town shall contract with the county sheriff's office
for law enforcement services and as a result thereof lays off any
employee who is eligible to transfer to the county sheriff's office
pursuant to RCW 41.14.250 and 41.14.260, the city or town shall notify
such employee of his or her right to so transfer and such employee
shall have ninety days to transfer his or her employment to the county
sheriff's office: PROVIDED, That any employee layed off during the
year prior to February 21, 1972 shall have ninety days after the
effective date to transfer his or her employment.
Sec. 20 RCW 41.20.010 and 1988 c 164 s 3 are each amended to read
as follows:
(1) The mayor or his or her designated representative who shall be
an elected official of the city, and the clerk, treasurer, president of
the city council or mayor pro tem of each city of the first class, or
in case any such city has no city council, the commissioner who has
supervision of the police department, together with three active or
retired members of the police department, to be elected as herein
provided, in addition to the duties now required of them, are
constituted a board of trustees of the relief and pension fund of the
police department of each such city, and shall provide for the
disbursement of the fund, and designate the beneficiaries thereof.
(2) The police department and the retired law enforcement officers
of each city of the first class shall elect three members to act as
members of the board. Members shall be elected for three year terms.
Existing members shall continue in office until replaced as provided
for in this section.
(3) Such election shall be held in the following manner. Not more
than thirty nor less than fifteen days preceding the first day of June
in each year, written notice of the nomination of any member or retired
member of the department for membership on the board may be filed with
the secretary of the board. Each notice of nomination shall be signed
by not less than five members or retired members of the department, and
nothing herein contained shall prevent any member or retired member of
the department from signing more than one notice of nomination. The
election shall be held on a date to be fixed by the secretary during
the month of June. Notice of the dates upon which notice of nomination
may be filed and of the date fixed for the election of such members of
the board shall be given by the secretary of the board by posting
written notices thereof in a prominent place in the police
headquarters. For the purpose of such election, the secretary of the
board shall prepare and furnish printed or typewritten ballots in the
usual form, containing the names of all persons regularly nominated for
membership and shall furnish a ballot box for the election. Each
member and each retired member of the police department shall be
entitled to vote at the election for one nominee as a member of the
board. The chief of the department shall appoint two members to act as
officials of the election, who shall be allowed their regular wages for
the day, but shall receive no additional compensation therefor. The
election shall be held in the police headquarters of the department and
the polls shall open at 7:30 a.m. and close at 8:30 p.m. The one
nominee receiving the highest number of votes shall be declared elected
to the board and his or her term shall commence on the first day of
July succeeding the election. In the first election the nominee
receiving the greatest number of votes shall be elected to the three
year term, the second greatest to the two year term and the third
greatest to the one year term. Retired members who are subject to the
jurisdiction of the board have both the right to elect and the right to
be elected under this section. Ballots shall contain all names of
those nominated, both active and retired. Notice of nomination and
voting by retired members shall be conducted by the board.
Sec. 21 RCW 41.20.020 and 1973 1st ex.s. c 16 s 2 are each
amended to read as follows:
The mayor, or his or her designated representative, shall be ex
officio ((chairman)) chair, the clerk shall be ex officio secretary,
and the treasurer shall be ex officio treasurer of said board. The
secretary of said board, at the time of making his or her annual
reports as said city clerk, shall annually report the condition of said
fund, the receipts and disbursements on account of the same, together
with a complete list of the beneficiaries of said fund, and the amounts
paid to each of them.
Sec. 22 RCW 41.20.050 and 1973 1st ex.s. c 181 s 3 are each
amended to read as follows:
Whenever a person has been duly appointed, and has served honorably
for a period of twenty-five years, as a member, in any capacity, of the
regularly constituted police department of a city subject to the
provisions of this chapter, the board, after hearing, if one is
requested in writing, may order and direct that such person be retired,
and the board shall retire any member so entitled, upon his or her
written request therefor. The member so retired hereafter shall be
paid from the fund during his or her lifetime a pension equal to fifty
percent of the amount of salary at any time hereafter attached to the
position held by the retired member for the year preceding the date of
his or her retirement: PROVIDED, That, except as to a position higher
than that of captain held for at least three calendar years prior to
date of retirement, no such pension shall exceed an amount equivalent
to fifty percent of the salary of captain, and all existing pensions
shall be increased to not less than three hundred dollars per month as
of April 25, 1973: PROVIDED FURTHER, That a person hereafter retiring
who has served as a member for more than twenty-five years, shall have
his or her pension payable under this section increased by two percent
of his or her salary per year for each full year of such additional
service to a maximum of five additional years.
Any person who has served in a position higher than the rank of
captain for a minimum of three years may elect to retire at such higher
position and receive for his or her lifetime a pension equal to fifty
percent of the amount of the salary at any time hereafter attached to
the position held by such retired member for the year preceding his or
her date of retirement: PROVIDED, That such person make the said
election to retire at a higher position by September 1, 1969 and at the
time of making the said election, pay into the relief and pension fund
in addition to the contribution required by RCW 41.20.130: (1) an
amount equal to six percent of that portion of all monthly salaries
previously received upon which a sum equal to six percent has not been
previously deducted and paid into the police relief and pension fund;
(2) and such person agrees to continue paying into the police relief
and pension fund until the date of retirement, in addition to the
contributions required by RCW 41.20.130, an amount equal to six percent
of that portion of monthly salary upon which a six percent contribution
is not currently deducted pursuant to RCW 41.20.130.
Any person affected by this chapter who at the time of entering the
armed services was a member of such police department and is a veteran
as defined in RCW 41.04.005, shall have added to his or her period of
employment as computed under this chapter, his or her period of war
service in the armed forces, but such credited service shall not exceed
five years and such period of service shall be automatically added to
each member's service upon payment by him or her of his or her
contribution for the period of his or her absence at the rate provided
in RCW 41.20.130.
Sec. 23 RCW 41.20.060 and 1998 c 157 s 3 are each amended to read
as follows:
Whenever any person, while serving as a ((policeman)) police
officer in any such city becomes physically disabled by reason of any
bodily injury received in the immediate or direct performance or
discharge of his or her duties as a ((policeman)) police officer, or
becomes incapacitated for service on account of any duty connected
disability, such incapacity not having been caused or brought on by
dissipation or abuse, of which the board shall be judge, the board may,
upon his or her written request filed with the secretary, or without
such written request, if it deems it to be for the benefit of the
public, retire such person from the department, and order and direct
that he or she be paid from the fund during his or her lifetime, a
pension equal to fifty percent of the amount of salary at any time
hereafter attached to the position which he or she held in the
department at the date of his or her retirement, but not to exceed an
amount equivalent to fifty percent of the salary of captain except as
to a position higher than that of captain held for at least three
calendar years prior to the date of retirement in which case as to such
position the provisions of RCW 41.20.050 shall apply, and all existing
pensions shall be increased to not less than three hundred dollars per
month as of April 25, 1973: PROVIDED, That where, at the time of
retirement hereafter for duty connected disability under this section,
such person has served honorably for a period of more than twenty-five
years as a member, in any capacity, of the regularly constituted police
department of a city subject to the provisions of this chapter, the
foregoing percentage factors to be applied in computing the pension
payable under this section shall be increased by two percent of his or
her salary per year for each full year of such additional service to a
maximum of five additional years.
Whenever such disability ceases, the pension shall cease, and such
person shall be restored to active service at the same rank he or she
held at the time of his or her retirement, and at the current salary
attached to said rank at the time of his or her return to active
service.
Disability benefits provided for by this chapter shall not be paid
when the ((policeman)) police officer is disabled while he or she is
engaged for compensation in outside work not of a police or special
police nature.
Sec. 24 RCW 41.20.065 and 1998 c 157 s 4 are each amended to read
as follows:
Whenever any person, while serving as a ((policeman)) police
officer in any such city becomes physically disabled by reason of any
bodily injury not incurred in the line of duty, or becomes
incapacitated for service, such incapacity not having been caused or
brought on by dissipation or abuse, of which the board shall be judge,
the board may, upon his or her written request filed with the
secretary, or without such written request, if it deems it to be for
the benefit of the public, retire such person from the department, and
order and direct that he or she be paid from the fund during his or her
lifetime, a pension equal to fifty percent of the amount of salary at
any time hereafter attached to the position which he or she held in the
department at the date of his or her retirement, but not to exceed an
amount equivalent to fifty percent of the salary of captain, except as
to a position higher than that of captain held for at least three
calendar years prior to the date of retirement, in which case as to
such position the provisions of RCW 41.20.050 shall apply, and all
existing pensions shall be increased to not less than three hundred
dollars per month as of April 25, 1973: PROVIDED, That where, at the
time of retirement hereafter for disability under this section, such
person has served honorably for a period of more than twenty-five years
as a member, in any capacity, of the regularly constituted police
department of a city subject to the provisions of this chapter, the
foregoing percentage factors to be applied in computing the pension
payable under this section shall be increased by two percent of his or
her salary per year for each full year of such additional service, to
a maximum of five additional years.
Whenever such disability ceases, the pension shall cease, and such
person shall be restored to active service at the same rank he or she
held at the time of his or her retirement, and at the current salary
attached to said rank at the time of his or her return to active
service.
Disability benefits provided for by this chapter shall not be paid
when the ((policeman)) police officer is disabled while he or she is
engaged for compensation in outside work not of a police or special
police nature.
Sec. 25 RCW 41.20.070 and 1909 c 39 s 6 are each amended to read
as follows:
No person shall be retired, as provided in RCW 41.20.060, or
receive any benefit from said fund, unless there shall be filed with
said board certificate of his or her disability, which certificate
shall be subscribed and sworn to by said person, and by the city
physician (if there be one) and two regularly licensed and practicing
physicians of such city, and such board may require other evidence of
disability before ordering such retirement and payment as aforesaid.
Sec. 26 RCW 41.20.080 and 1973 1st ex.s. c 181 s 5 are each
amended to read as follows:
Whenever any member of the police department of any such city loses
his or her life while actually engaged in the performance of duty, or
as the proximate result thereof, leaving a surviving spouse or child or
children under the age of eighteen years, upon satisfactory proof of
such facts made to it, the board shall order and direct that a pension,
equal to one-half of the amount of the salary at any time hereafter
attached to the position which such member held in the police
department at the time of his or her death, shall be paid to the
surviving spouse for life, or if there is no surviving spouse, or if
the surviving spouse shall die, then to the child or children until
they are eighteen years of age: PROVIDED, That if such spouse or child
or children marry, the person so marrying shall thereafter receive no
further pension from the fund: PROVIDED FURTHER, That all existing
pensions shall be increased to not less than three hundred dollars per
month as of April 25, 1973.
If any member so losing his or her life, leaves no spouse, or child
or children under the age of eighteen years, the board shall pay the
sum of two hundred dollars toward the funeral expenses of such member.
Sec. 27 RCW 41.20.085 and 1973 1st ex.s. c 181 s 6 are each
amended to read as follows:
Whenever any member of the police department of any such city shall
die, or shall have heretofore died, or whenever any such member who has
been heretofore retired or who is hereafter retired for length of
service or a disability, shall have died, or shall die, leaving a
surviving spouse or child or children under the age of eighteen years,
upon satisfactory proof of such facts made to it, the board shall order
and direct that a pension equal to one-third of the amount of salary at
any time hereafter attached to the position held by such member in the
police department at the time of his or her death or retirement, not to
exceed one-third of the salary of captain, shall be paid to the
surviving spouse during the surviving spouse's life, and in addition,
to the child or children, until they are eighteen years of age, as
follows: For one child, one-eighth of the salary on which such pension
is based; for two children, a total of one-seventh of said salary; and
for three or more children, a total of one-sixth of said salary:
PROVIDED, If such spouse or child or children marry, the person so
marrying shall receive no further pension from the fund. In case there
is no surviving spouse, or if the surviving spouse shall die, the child
or children shall be entitled to the spouse's share in addition to the
share specified herein until they reach eighteen years of age. No
spouse shall be entitled to any payments on the death of a retired
officer unless such surviving spouse has been married to such officer
for a period of at least five years prior to the date of his or her
retirement.
As of April 25, 1973, a surviving spouse not otherwise covered by
the provisions of section 2, chapter 78, Laws of 1959, shall be
entitled to a pension of three hundred dollars per month.
"Surviving spouse" as used in this section means surviving female
or male spouse.
Sec. 28 RCW 41.20.090 and 1959 c 78 s 6 are each amended to read
as follows:
Whenever any member of the police department of such city shall,
after five years of service in said department, die, his or her
surviving spouse or, if there is no surviving spouse, the child or
children under the age of eighteen years, or if there is no surviving
spouse or child or children, then his or her parents or unmarried
sister or sisters, minor brother or brothers, dependent upon him or her
for support, shall be entitled to the sum of one thousand dollars from
such fund. This section to apply to members who shall have been
retired, for any reason, from active service under the provisions of
this chapter.
Sec. 29 RCW 41.20.100 and 1909 c 39 s 9 are each amended to read
as follows:
Any person retired for disability under this chapter may be
summoned before the board herein provided for, at any time thereafter,
and shall submit himself or herself thereto for examination as to his
or her fitness for duty, and shall abide the decision and order of said
board with reference thereto; and all members of such police force who
may be retired under the provisions of this chapter, shall report to
the chief of police of such city where so retired on the first Mondays
of April, July, October, and January of each year; and in cases of
emergency, may be assigned to and shall perform such duty as said chief
of police may direct, and such persons shall have no claim against such
city for payment for such duty so performed.
Sec. 30 RCW 41.20.110 and 1937 c 24 s 5 are each amended to read
as follows:
Whenever any person who shall have received any benefit from said
fund shall be convicted of any felony, or shall become an habitual
drunkard, or shall fail to report himself or herself for examination
for duty as required herein, unless excused by the board, or shall
disobey the requirements of said board then such board shall order and
direct that such pension or allowance that may have been granted to
such person shall immediately cease, and such person shall receive no
further pension or allowance or benefit under this chapter, but in lieu
thereof the said pension or allowance or benefit may, at the discretion
of the board, be paid to those immediately dependent upon him or her,
or to his or her legally appointed guardian.
Sec. 31 RCW 41.20.120 and 1992 c 22 s 2 are each amended to read
as follows:
Whenever any active member of the police department, or any member
hereafter retired, on account of service, sickness or disability, not
caused or brought on by dissipation or abuse, of which the board shall
be judge, is confined in any hospital or in his or her home and,
whether or not so confined, requires nursing, care, or attention, the
board shall pay for the active member the necessary hospital, care, and
nursing expenses of the member out of the fund; and the board may pay
for the retired member hospital, care, and nursing expenses as are
reasonable, in the board's discretion. The board may, at its
discretion, elect, in lieu of paying some or all such expenses for the
retired member, to reimburse the retired member for premiums the member
has paid for medical insurance that supplements medicare, including
premiums the member has paid for medicare part B coverage. The salary
of the active member shall continue while he or she is necessarily
confined to the hospital or home or elsewhere during the period of
recuperation, as determined by the board, for a period not exceeding
six months; after which period the other provisions of this chapter
shall apply: PROVIDED, That the board in all cases may have the active
or retired member suffering from such sickness or disability examined
at any time by a licensed physician or physicians, to be appointed by
the board, for the purpose of ascertaining the nature and extent of the
sickness or disability, the physician or physicians to report to the
board the result of the examination within three days thereafter. Any
active or retired member who refuses to submit to such examination or
examinations shall forfeit all his or her rights to benefits under this
section: PROVIDED FURTHER, That the board shall designate the hospital
and medical services available to the ((sick or disabled policeman))
police officer who is sick or disabled.
Sec. 32 RCW 41.20.150 and 1969 c 123 s 3 are each amended to read
as follows:
Whenever any member affected by this chapter terminates his or her
employment prior to the completion of twenty-five years of service he
or she shall receive seventy-five percent of his or her contributions
made after the effective date of this act and he or she shall not
receive any contributions made prior thereto: PROVIDED, That in the
case of any member who has completed twenty years of service, such
member, upon termination for any cause except for a conviction of a
felony, shall have the option of electing, in lieu of recovery of his
or her contributions as herein provided, to be classified as a vested
member in accordance with the following provisions:
(1) Written notice of such election shall be filed with the board
within thirty days after the effective date of such member's
termination;
(2) During the period between the date of his or her termination
and the date upon which he or she becomes a retired member as
hereinafter provided, such vested member and his or her spouse or
dependent children shall be entitled to all benefits available under
chapter 41.20 RCW to a retired member and his or her spouse or
dependent children with the exception of the service retirement
allowance as herein provided for: PROVIDED, That any claim for medical
coverage under RCW 41.20.120 shall be attributable to service connected
illness or injury;
(3) Any member electing to become a vested member shall be entitled
at such time as he or she otherwise would have completed twenty-five
years of service had he or she not terminated, to receive a service
retirement allowance computed on the following basis: Two percent of
the amount of salary at any time hereafter attached to the position
held by the vested member for the year preceding the date of his or her
termination, for each year of service rendered prior to the date of his
or her termination. At such time the vested member shall be regarded
as a retired member and, in addition to the retirement allowance herein
provided for, shall continue to be entitled to all such other benefits
as are by chapter 41.20 RCW made available to retired members.
Sec. 33 RCW 41.20.155 and 1969 c 123 s 4 are each amended to read
as follows:
The provisions of RCW 41.20.050, 41.20.060 and 41.20.150 shall be
applicable to all members employed on June 12, 1969, and to those who
shall thereafter become members, but shall not apply to any former
member who has terminated his or her employment prior to June 12, 1969.
Sec. 34 RCW 41.20.160 and 1983 c 3 s 92 are each amended to read
as follows:
Any person affected by this chapter who was a member of a police
organization operated by a private enterprise which police organization
shall be hereafter acquired before September 1, 1959, by a city of the
first class as its police department as a matter of public convenience
or necessity, where it is in the public interest to retain the trained
personnel of such police organization, shall have added to his or her
period of employment as computed under this chapter his or her period
of service with said private enterprise, except that this shall apply
only to those persons who are in the service of such police
organization at the time of its acquisition by the city of the first
class and who remain in the service of that city until this chapter
shall become applicable to such persons.
No such person shall have added to his or her period of employment
as computed under this chapter his or her period of service with said
private enterprise unless he or she or a third party shall pay to the
city his or her contribution for the period of such service with the
private enterprise, or, if he or she shall be entitled to any private
pension or retirement benefits as a result of such service with the
private enterprise, unless he or she agrees at the time of his or her
employment by the city to accept a reduction in the payment of any
benefits payable under this chapter that are based in whole or in part
on such added service by the amount of those private pension or
retirement benefits received. The rate of such contribution shall be
two percent of the wage or salary of such person during that added
period of service with the private enterprise before midnight, June 8,
1955, and four and one-half percent of such wage or salary after
midnight, June 8, 1955. Such contributions shall be paid into the
police relief and pension fund and shall be held subject to the
provisions of RCW 41.20.150, except that all such contributions shall
be deemed to have been made after June 8, 1955. Such contributions may
be invested in investments permitted under chapter 35.39 RCW and may be
kept invested until required to meet payments of benefits to such
persons.
The city may receive payments for these purposes from a third party
and shall make from such payments contributions with respect to such
prior service as may be necessary to enable the police relief and
pension fund to assume its obligations.
Sec. 35 RCW 41.20.170 and 1973 c 143 s 2 are each amended to read
as follows:
Any former employee of a department of a city of the first class
who (1) was a member of the employees' retirement system of such city,
and (2) is now employed within the police department of such city, may
transfer his or her membership from the city employees' retirement
system to the city's police relief and pension fund system by filing a
written request with the board of administration and the board of
trustees, respectively, of the two systems.
Upon the receipt of such request, the transfer of membership to the
city's police relief and pension fund system shall be made, together
with a transfer of all accumulated contributions credited to such
member. The board of administration of the city's employees'
retirement system shall transmit to the board of trustees of the city's
police relief and pension fund system a record of service credited to
such member which shall be computed and credited to such member as a
part of his or her period of employment in the city's police relief and
pension fund system. For the purpose of the transfer contemplated by
this section, the affected individuals shall be allowed to restore
withdrawn contributions to the city employees' retirement system and
reinstate their membership service records.
Any employee so transferring shall have all the rights, benefits
and privileges that he or she would have been entitled to had he or she
been a member of the city's police relief and pension fund system from
the beginning of his or her employment with the city.
No person so transferring shall thereafter be entitled to any other
public pension, except that provided by chapter 41.26 RCW or social
security, which is based upon service with the city.
The right of any employee to file a written request for transfer of
membership as set forth herein shall expire December 31, 1973.
Sec. 36 RCW 41.20.175 and 1974 ex.s. c 148 s 2 are each amended
to read as follows:
A former employee of a fire department of a city of the first class
who (1) was a member of the ((fireman's)) firefighters' pension system
created by chapters 41.16 or 41.18 RCW, and (2) is now employed within
the police department of such city, will be regarded as having received
membership service credit for such service to the fire department in
the city's police and relief pension system at the time he or she
recovers such service credit by paying withdrawn contributions to the
Washington law enforcement officers' and firefighters' retirement
system pursuant to RCW 41.26.030(((14))) (28).
Sec. 37 RCW 41.24.100 and 1945 c 261 s 10 are each amended to
read as follows:
The board of trustees herein, in addition to other powers herein
granted, shall have 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 oaths 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 of trustees for any duties
performed under this chapter as such trustees.
Sec. 38 RCW 41.24.260 and 1955 c 263 s 3 are each amended to read
as follows:
The state board shall hold regular semiannual meetings in April and
October of each year, and special meetings not more than once monthly
at such times and places as may be called by the ((chairman)) chair or
by two of its members. No action shall be taken by the state board
without the approval of two members.
Sec. 39 RCW 41.26.040 and 1991 c 35 s 15 are each amended to read
as follows:
The Washington law enforcement officers' and firefighters'
retirement system is hereby created for firefighters and law
enforcement officers.
(1) Notwithstanding RCW 41.26.030(((8))) (20), all firefighters and
law enforcement officers employed as such on or after March 1, 1970, on
a full time fully compensated basis in this state shall be members of
the retirement system established by this chapter with respect to all
periods of service as such, to the exclusion of any pension system
existing under any prior act.
(2) Any employee serving as a law enforcement officer or
firefighter on March 1, 1970, who is then making retirement
contributions under any prior act shall have his or her membership
transferred to the system established by this chapter as of such date.
Upon retirement for service or for disability, or death, of any such
employee, his or her retirement benefits earned under this chapter
shall be computed and paid. In addition, his or her benefits under the
prior retirement act to which he or she was making contributions at the
time of this transfer shall be computed as if he or she had not
transferred. For the purpose of such computations, the employee's
creditability of service and eligibility for service or disability
retirement and survivor and all other benefits shall continue to be as
provided in such prior retirement act, as if transfer of membership had
not occurred. The excess, if any, of the benefits so computed, giving
full value to survivor benefits, over the benefits payable under this
chapter shall be paid whether or not the employee has made application
under the prior act. If the employee's prior retirement system was the
Washington public employees' retirement system, payment of such excess
shall be made by that system; if the employee's prior retirement system
was the statewide city employees' retirement system, payment of such
excess shall be made by the employer which was the member's employer
when his or her transfer of membership occurred: PROVIDED, That any
death in line of duty lump sum benefit payment shall continue to be the
obligation of that system as provided in RCW 41.44.210; in the case of
all other prior retirement systems, payment of such excess shall be
made by the employer which was the member's employer when his or her
transfer of membership occurred.
(3) All funds held by any ((firemen's)) firefighters' or
((policemen's)) police officers' relief and pension fund shall remain
in that fund for the purpose of paying the obligations of the fund.
The municipality shall continue to levy the dollar rate as provided in
RCW 41.16.060, and this dollar rate shall be used for the purpose of
paying the benefits provided in chapters 41.16 and 41.18 RCW. The
obligations of chapter 41.20 RCW shall continue to be paid from
whatever financial sources the city has been using for this purpose.
Sec. 40 RCW 41.26.045 and 1979 ex.s. c 249 s 3 are each amended
to read as follows:
(1) Notwithstanding any other provision of law after February 19,
1974 no law enforcement officer or firefighter, may become eligible for
coverage in the pension system established by this chapter, until the
individual has met and has been certified as having met minimum medical
and health standards: PROVIDED, That an elected sheriff or an
appointed chief of police or fire chief, shall not be required to meet
the age standard: PROVIDED FURTHER, That in cities and towns having
not more than two law enforcement officers and/or not more than two
firefighters and if one or more of such persons do not meet the minimum
medical and health standards as required by the provisions of this
chapter, then such person or persons may join any other pension system
that the city has available for its other employees: AND PROVIDED
FURTHER, That for one year after February 19, 1974 any such medical or
health standard now existing or hereinafter adopted, insofar as it
establishes a maximum age beyond which an applicant is to be deemed
ineligible for coverage, shall be waived as to any applicant for
employment or reemployment who is otherwise eligible except for his or
her age, who has been a member of any one or more of the retirement
systems created by chapter 41.20 of the Revised Code of Washington and
who has restored all contributions which he or she has previously
withdrawn from any such system or systems.
(2) This section shall not apply to persons who initially establish
membership in the retirement system on or after July 1, 1979.
Sec. 41 RCW 41.26.046 and 1987 c 418 s 2 are each amended to read
as follows:
By July 31, 1971, the retirement board shall adopt minimum medical
and health standards for membership coverage into the Washington law
enforcement officers' and firefighters' retirement system act. In
adopting such standards the retirement board shall consider existing
standards recommended by the international association of chiefs of
police and the international association of firefighters, and shall
adopt equal or higher standards, together with appropriate standards
and procedures to insure uniform compliance with this chapter. The
standards when adopted shall be published and distributed to each
employer, and each employer shall adopt certification procedures and
such other procedures as are required to insure that no law enforcement
officer or firefighter receives membership coverage unless and until he
or she has actually met minimum medical and health standards:
PROVIDED, That an elected sheriff or an appointed chief of police, fire
chief, or director of public safety shall not be required to meet the
age standard. The retirement board may amend the minimum medical and
health standards as experience indicates, even if the standards as so
amended are lower or less rigid than those recommended by the
international associations mentioned above. The cost of the medical
examination contemplated by this section is to be paid by the employer.
Sec. 42 RCW 41.26.047 and 1972 ex.s. c 131 s 3 are each amended
to read as follows:
Nothing in RCW 41.26.035, 41.26.045 and 41.26.046 shall apply to
any firefighters or law enforcement officers who are employed as such
on or before August 1, 1971, as long as they continue in such
employment; nor to promotional appointments after becoming a member in
the police or fire department of any employer nor to the reemployment
of a law enforcement officer or firefighter by the same or a different
employer within six months after the termination of his or her
employment, nor to the reinstatement of a law enforcement officer or
firefighter who has been on military or disability leave, disability
retirement status, or leave of absence status. Nothing in this chapter
shall be deemed to prevent any employer from adopting higher medical
and health standards than those which are adopted by the retirement
board.
Sec. 43 RCW 41.28.010 and 1967 c 185 s 1 are each amended to read
as follows:
Unless a different meaning is plainly required by the context, the
following words and phrases as hereinafter used in this chapter shall
have the following meanings:
(1) "Retirement system" shall mean "employees' retirement system",
provided for in RCW 41.28.020.
(2) "Employee" shall mean any regularly appointed officer or
regularly appointed employee of a first-class city as described in RCW
41.28.005, whose compensation in such employment is paid wholly by that
city.
(3) "Member" shall mean any person included in the membership of
the retirement system as provided in RCW 41.28.030.
(4) "City" shall mean any city of the first class as described in
RCW 41.28.005.
(5) "Board" shall mean "board of administration" as provided in RCW
41.28.080.
(6) "Retirement fund" shall mean "employees' retirement fund" as
created and established in RCW 41.28.070.
(7) "City service" shall mean service rendered to city for
compensation, and for the purpose of this chapter, a member shall be
considered as being in city service only while he or she is receiving
compensation from the city for such service.
(8) "Prior service" shall mean the service of a member for
compensation rendered to the city prior to July 1, 1939, and shall also
include military or naval service of a member to the extent specified
in RCW 41.28.050.
(9) "Continuous service" shall mean uninterrupted employment by
that city, except that discontinuance of city service of a member
caused by layoff, leave of absence, suspension, or dismissal, followed
by reentrance into city service within one year, shall not count as a
break in the continuity of service: PROVIDED, That for the purpose of
establishing membership in the retirement system continuous service
shall mean six months' service in any one year.
(10) "Beneficiary" shall mean any person in receipt of a pension,
annuity, retirement allowance, disability allowance, or any other
benefit provided in this chapter.
(11) "Compensation" shall mean the compensation payable in cash,
plus the monetary value, as determined by the board of administration,
of any allowance in lieu thereof.
(12) "Compensation earnable" by a member shall mean the average
compensation as determined by the board of administration upon the
basis of the average period of employment of members in the same group
or class of employment and at the same rate of pay.
(13) "Final compensation" means the annual average of the greatest
compensation earnable by a member during any consecutive five-year
period of service for which service credit is allowed.
(14) "Normal contributions" shall mean contributions at the rate
provided for in RCW 41.28.040(1).
(15) "Additional contributions" shall mean the contributions
provided for in RCW 41.28.040(4).
(16) "Regular interest", unless changed by the board of
administration as provided in RCW 41.28.060, shall mean interest at
four percent per annum, compounded annually.
(17) "Accumulated normal contribution" shall mean the sum of all
normal contributions, deducted from the compensation of a member,
standing to the credit of his or her individual account, together with
regular interest thereon.
(18) "Accumulated additional contributions" shall mean the sum of
all the additional contributions, deducted from the compensation of a
member, standing to the credit of his or her individual account,
together with regular interest thereon.
(19) "Accumulated contributions" shall mean accumulated normal
contributions plus accumulated additional contributions.
(20) "Pension" shall mean payments derived from contributions made
by the city as provided for in RCW 41.28.130 and 41.28.150.
(21) "Annuity" shall mean payments derived from contributions made
by a member as provided in RCW 41.28.130 and 41.28.150.
(22) "Retirement allowance" shall mean the pension plus the
annuity.
(23) "Fiscal year" shall mean any year commencing with January 1st,
and ending with December 31st, next following.
(24) "Creditable service" shall mean such service as is evidenced
by the record of normal contributions received from the employee plus
prior service if credit for same is still intact or not lost through
withdrawal of accumulated normal contributions as provided in RCW
41.28.110.
Sec. 44 RCW 41.28.030 and 1939 c 207 s 4 are each amended to read
as follows:
(1) With the exception of those employees who are excluded from
membership as herein provided, all employees shall become members of
the retirement system as follows:
(a) Every employee in city service as defined in this chapter, on
July 1, 1939, shall become a member of the retirement system on that
date.
(b) Every employee who enters or reenters city service after July
1, 1939, shall become a member of the retirement system upon the
completion of six months of continuous service.
(2) The following shall be specifically exempted from the
provisions of this chapter:
(a) Members of the police departments who are entitled to the
benefits of the police relief and pension fund as established by state
law.
(b) Members of the fire departments who are entitled to the
benefits of the ((firemen's)) fire fighters' relief and pension fund as
established by state law.
(3) It shall be the duty of the head of each office or department
to give immediate notice in writing to the board of administration of
the change in status of any member of his or her office or department,
resulting from transfer, promotion, leave of absence, resignation,
reinstatement, dismissal or death. The head of each office or
department shall furnish such other information concerning any member
as the board may require.
(4) Each member shall be subject to all the provisions of this
chapter and to all the rules and regulations adopted by the board of
administration. Should the service of any member, in any period of ten
consecutive years, amount to less than five years, or should he or she
withdraw more than one quarter of his or her accumulated contributions,
or should he or she die or be retired, he or she shall thereupon cease
to be a member.
Sec. 45 RCW 41.28.040 and 1967 c 185 s 2 are each amended to read
as follows:
(1) The normal rate of contribution of members shall be those
adopted by the board of administration, subject to the approval of the
city council or city commission, and for the first five-year period
such rates shall be based on sex and on age of entry into the
retirement system, which age shall be the age at the birthday nearest
the time of entry into the system. The rates so adopted shall remain
in full force and effect until revised or changed by the board of
administration in the manner provided in RCW 41.28.060. The normal
rates of contribution shall be so fixed as to provide an annuity which,
together with the pension provided by the city, shall give as nearly as
may be a retirement allowance at the age of sixty-two years of one and
one-third percent of the final compensation multiplied by the number of
years of service of the retiring employee. The normal rate established
for age sixty-one shall be the rate for any member who has attained a
greater age before entry into the retirement system. The normal rate
of contribution for age twenty shall be the rate for any member who
enters the retirement system at an earlier age.
(2) Subject to the provision of this chapter, the board of
administration shall adopt rules and regulations governing the making
of deductions from the compensation of employees and shall certify to
the head of each office or department the normal rate of contribution
for each member provided for in subdivision (1) of this section. The
head of the department shall apply such rate of contribution, and shall
certify to the city comptroller on each and every payroll the amount to
be contributed and shall furnish immediately to the board a copy of
each and every payroll; and each of said amounts shall be deducted by
the city comptroller and shall be paid into the retirement fund,
hereinafter provided for, and shall be credited by the board together
with regular interest to an individual account of the member for whom
the contribution was made.
Every member shall be deemed to consent and agree to the
contribution made and provided for herein, and shall receipt in full
for his or her salary or compensation. Payment less said contribution
shall be a full and complete discharge of all claims and demands
whatsoever for the service rendered by such person during the period
covered by such payment, except his or her claim to the benefits to
which he or she may be entitled under the provisions of this chapter.
(3) At the end of each payroll period, the board shall determine
the aggregate amount of the normal contributions for such period, and
shall certify such aggregate to the city comptroller, who shall
thereupon transfer to the retirement fund, hereinafter provided for,
from the money appropriated for that purpose in the budget for the
fiscal year, an amount equal to the aggregate normal contributions for
the period received from members.
(4) Any member may elect to contribute at rates in excess of those
provided for in subdivision (1) of this section, for the purpose of
providing additional benefits, but the exercise of this privilege by a
member shall not place on the city any additional financial obligation.
The board of administration, upon application, shall furnish to such
member information concerning the nature and amount of additional
benefits to be provided by such additional contribution.
Sec. 46 RCW 41.28.050 and 1939 c 207 s 6 are each amended to read
as follows:
(1) Subject to the following and all other provisions of this
chapter, including such rules and regulations as the board shall adopt
in pursuance thereof, the board, subject to the approval of the city
council or city commission, shall determine and may modify allowance
for service.
Time during which a member is absent on leave without pay shall not
be allowed in computing service: PROVIDED, HOWEVER, That any member
shall be given credit for any period served by him or her in the
national guard, or in the United States army, navy, or marine corps,
upon the call of the president, if at the time of such service such
member was a regular employee under leave of absence. Certificate of
honorable discharge from and/or documentary evidence of such service
shall be submitted to the board in order to obtain credit for such
service.
Each member shall file with the board such information affecting
his or her status as a member of the retirement system as the board may
require.
(2) The board shall grant credit for prior service to each member
entering the retirement system on July 1, 1939, and to each member
entering after that date, if such entry is within one year after
rendering service prior to July 1, 1939: PROVIDED, HOWEVER, That the
board may grant credit for prior service to those entering the
retirement system after July 1, 1939, where the employee, because of
sickness or other disability, has been on leave of absence, regularly
granted, since discontinuance of city service, regardless of the length
of such leave. No prior service credit shall be used as a basis for
retirement or other benefit unless the membership continues until
retirement on a retirement allowance or until the granting of other
benefits.
Sec. 47 RCW 41.28.080 and 1983 c 3 s 93 are each amended to read
as follows:
(1) There is hereby created and established a board of
administration in each city coming under this chapter, which shall,
under the provisions of this chapter and the direction of the city
council or city commission, administer the retirement system and the
retirement fund created by this chapter. Under and pursuant to the
direction of the city council or city commission, the board shall
provide for the proper investment of the moneys in the said retirement
fund.
(2) The board of administration shall consist of seven members, as
follows: Three members appointed by the regular appointing authority
of the city, and three employees who are eligible to membership in the
retirement system, to be elected by the employees. The above six
members shall appoint the seventh member.
(3) The investment of all or any part of the retirement fund shall
be subject to chapter 35.39 RCW.
(4) Subject to such provisions as may be prescribed by law for the
deposit of municipal funds in banks, cash belonging to the retirement
fund may be deposited in any licensed national bank or in any bank,
banks or corporations authorized or licensed to do a banking business
and organized under the laws of the state of Washington.
(5) The city treasurer shall be the custodian of the retirement
fund. All payments from said fund shall be made by the city treasurer
but only upon warrant duly executed by the city comptroller.
(6) Except as herein provided, no member and no employee of the
board of administration shall have any interest, direct or indirect, in
the making of any investments from the retirement fund, or in the gains
or profits accruing therefrom. And no member or employee of said
board, directly or indirectly, for himself or herself or as an agent or
partner of others, shall borrow any of its funds or deposits or in any
manner use the same except to make such current and necessary payments
as are authorized by said board; nor shall any member or employee of
said board become an endorser or surety or become in any manner an
obligor for moneys invested by the board.
Sec. 48 RCW 41.28.110 and 1939 c 207 s 12 are each amended to
read as follows:
(1) Should the service of a member be discontinued, except by death
or retirement, he or she shall be paid not later than six months after
the day of discontinuance such part of his or her accumulated
contributions as he or she shall demand: PROVIDED, HOWEVER, That a
member may appeal to the board and by unanimous vote, the board may
grant a request for immediate withdrawal of contributions. If in the
opinion of the board said member is permanently separated from service
by reason of such discontinuance he or she shall be paid forthwith all
of his or her accumulated contributions with interest: AND PROVIDED
ALSO, That the board may, in its discretion, withhold for not more than
one year after a member last rendered service all or part of his or her
accumulated normal contributions if after a previous discontinuance of
service he or she withdrew all or part of his or her accumulated normal
contributions and failed to redeposit such withdrawn amount in the
retirement fund as provided in this section: PROVIDED FURTHER, That
the city shall receive credit for the full amount deposited by the city
in the retirement fund for such member's benefit plus interest. Any
member may redeposit in the retirement fund an amount equal to that
which he or she previously withdrew therefrom at the last termination
of his or her membership, such redeposit to be paid into the retirement
fund in accordance with rules established by the board. If a member
upon reentering the retirement system after a termination of his or her
membership shall not make such a redeposit as hereinabove provided, the
rate of his or her contributions for future years shall be the normal
rate provided for in RCW 41.28.040(1) at his or her age of reentrance;
otherwise his or her rate of contribution for future years shall be the
same as his or her rate prior to the termination of his or her
membership. In the event such redeposit is made by a member, an amount
equal to the accumulated normal contributions so redeposited shall
again be held for the benefit of said member, and shall no longer be
included in the amounts available to meet the obligations of the city
on account of benefits that have been granted or liabilities that have
been assumed on account of prior service of members, and the city shall
reinstate the prior service credit for such member.
Sec. 49 RCW 41.28.120 and 1967 c 185 s 3 are each amended to read
as follows:
Retirement of member for service shall be made by the board of
administration as follows:
(1) Each member in the city service on June 8, 1967, who, on or
before such effective date, has attained the age of sixty-five years or
over, shall be forthwith retired on the first day of the calendar month
next succeeding the month in which the employee shall have attained the
age of sixty-five: PROVIDED, That none of such members shall be
subject to compulsory retirement for a period of five years following
said effective date, but during such period any member having attained
the age of sixty-five may voluntarily retire after attaining such age.
Members attaining the age of sixty-five after June 8, 1967 shall be
retired on the first day of the calendar month next succeeding the
month in which the member shall have attained the age of sixty-five,
but none of such members shall be subject to compulsory retirement
until five years after said effective date: PROVIDED, FURTHER, That
any member attaining the age of seventy years during said five year
period shall be forthwith retired on the first day of the calendar
month next succeeding the month in which the employee shall have
attained the age of seventy years, except as otherwise provided in this
chapter. The board shall extend the time of retirement for any member
hired prior to June 8, 1967 so as to enable said member to qualify for
retirement benefits under this chapter, but in no event should such
extension extend beyond the age of seventy years.
(2) Any member in the city service may retire by filing with the
board a written application, stating when he or she desires to be
retired, such application to be made at least thirty days prior to date
of retirement: PROVIDED, HOWEVER, That said member, at the time
specified for his or her retirement, shall have completed ten years of
city service as defined in this chapter, and shall have attained the
age of fifty-seven years, or shall have completed thirty years of city
service as defined in this chapter. Permanent discontinuance of city
service after age of fifty-seven shall entitle the member to his or her
retirement allowance: PROVIDED, That such employee has had at least
ten years of city service to his or her credit: AND PROVIDED FURTHER,
That permanent discontinuance of city service after the completion of
thirty years of city service shall entitle the member to his or her
retirement allowance.
Sec. 50 RCW 41.28.130 and 1969 c 31 s 1 are each amended to read
as follows:
(1) A member, upon retirement from service, shall receive a
retirement allowance subject to the provisions of paragraph (2) of this
section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his or
her accumulated contributions at the time of his or her retirement.
(b) A pension purchased by the contributions of the city, equal to
the annuity purchased by the accumulated normal contributions of the
member.
(c) For any member having credit for prior service an additional
pension, purchased by the contributions of the city equal to one and
one-third percent of the final compensation, multiplied by the number
of years of prior service credited to said member, except that if a
member shall retire before attaining the age of sixty-two years, the
additional pension shall be reduced to an amount which shall be equal
to a lesser percentage of final compensation, multiplied by the number
of years of prior service credited to said member, which lesser
percentage shall be applied to the respective ages of retirement in
accordance with the following tabulation:
| Retirement age | Percentage | ||
| 62 | . . . . . . . . . . . . | 1.333 | |
| 61 | . . . . . . . . . . . . | 1.242 | |
| 60 | . . . . . . . . . . . . | 1.158 | |
| 59 | . . . . . . . . . . . . | 1.081 | |
| 58 | . . . . . . . . . . . . | 1.010 | |
| 57 | . . . . . . . . . . . . | 0.945 | |
| 56 | . . . . . . . . . . . . | 0.885 | |
| 55 | . . . . . . . . . . . . | 0.829 | |
| 54 | . . . . . . . . . . . . | 0.778 | |
| 53 | . . . . . . . . . . . . | 0.731 | |
| 52 | . . . . . . . . . . . . | 0.687 | |
| 51 | . . . . . . . . . . . . | 0.646 | |
| 50 | . . . . . . . . . . . . | 0.608 | |
Sec. 51 RCW 41.28.140 and 1939 c 207 s 15 are each amended to
read as follows:
Any member while in city service may be retired by the board of
administration for permanent and total disability, either ordinary or
accidental, upon examination, as follows:
(1) Any member who has not attained the age of sixty-five years and
who has at least ten years of city service as defined in this chapter,
to his or her credit: PROVIDED, That the required ten years of city
service shall have been credited to the member over a period of not to
exceed fifteen years immediately preceding retirement, within three
months after the discontinuance of city service, or while physically or
mentally incapacitated for the performance of duty, if such incapacity
has been continuous from discontinuance of city service, shall be
examined by a physician or surgeon, appointed by the board of
administration upon the application of the head of the office or
department in which said member is employed, or upon application of
said member, or a person acting in his or her behalf, stating that said
member is permanently and totally incapacitated, either physically or
mentally, for the performance of duty and ought to be retired. If such
medical examination shows, to the satisfaction of the board, that the
said member is permanently and totally incapacitated either physically
or mentally for the performance of duty and ought to be retired, the
board shall retire the said member for disability forthwith.
(2) The board shall secure such medical services and advice as it
may deem necessary to carry out the purpose of this section and of RCW
41.28.160, and shall pay for such medical services and advice such
compensation as the board shall deem reasonable.
Sec. 52 RCW 41.28.150 and 1963 c 91 s 2 are each amended to read
as follows:
(1) Upon retirement for disability, as hereinabove provided:
PROVIDED, The disability is not due to intemperance, ((wilful)) willful
misconduct or violation of law, of which the board shall be the judge,
a member shall receive a retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his or
her accumulated contributions at the time of his or her retirement.
(b) A pension purchased by the contributions of the city, which,
together with his or her annuity provided by his or her accumulated
normal contributions, shall make the retirement allowance, exclusive of
the annuity provided by his or her additional contributions equal to
(i) one and one-fourth percent of his or her final compensation
multiplied by the number of years of service which would be creditable
to him or her were his or her services to continue until attainment by
him or her of age sixty-two. The minimum disability retirement
allowance shall be nine hundred sixty dollars per year.
(2) If disability is due to intemperance, ((wilful)) willful
misconduct or violation of law on the part of the member, the board of
administration in its discretion may pay to said member in one lump
sum, his or her accumulated contributions, in lieu of a retirement
allowance, and such payment shall constitute full satisfaction of all
obligations of the city to such member, and upon receipt of such
payment he or she shall cease to be a member of the retirement system.
(3) Upon the death of a member while in receipt of a disability
retirement allowance, his or her accumulated contributions, as they
were at the date of his or her retirement, less any annuity payments
made to him or her, shall be paid to his or her estate, or to such
persons having an insurable interest in his or her life as he or she
shall have nominated by written designation duly executed and filed
with the board.
Sec. 53 RCW 41.28.160 and 1939 c 207 s 17 are each amended to
read as follows:
(1) The board of administration may at its pleasure require any
disability beneficiary under age sixty-two years to undergo medical
examination to be made by a physician or surgeon appointed by the
board, at a place to be designated by the board. Upon the basis of
such examination the board shall determine whether such disability
beneficiary is still totally and permanently incapacitated either
mentally or physically for service in the office or department of the
city where he or she was employed or in any other city service for
which he or she is qualified. If the board of administration shall
determine that said beneficiary is not so incapacitated, his or her
retirement allowance shall be canceled and he or she shall be
reinstated forthwith in the city service.
(2) Should a disability beneficiary reenter the city service and be
eligible for membership in the retirement system in accordance with RCW
41.28.030(1), his or her retirement allowance shall be canceled and he
or she shall immediately become a member of the retirement system, his
or her rate of contribution for future years being that established for
his or her age at the time of reentry. His or her individual account
shall be credited with his or her accumulated contributions less the
annuity payments made to him or her. An amount equal to the
accumulated normal contributions so credited to him or her shall again
be held for the benefit of said member and shall no longer be included
in the amounts available to meet the obligations of the city on account
of benefits that have been granted and on account of prior service of
members. Such member shall receive credit for prior service in the
same manner as if he or she had never been retired for disability.
(3) Should any disability beneficiary under age sixty-two years
refuse to submit to medical examination, his or her pension may be
discontinued until his or her withdrawal of such refusal, and should
refusal continue for one year, his or her retirement allowance may be
canceled. Should said disability beneficiary, prior to attaining age
sixty-two years, engage in a gainful occupation not in city service, or
should he or she reenter the city service and be ineligible for
membership in the retirement system in accordance with RCW
41.28.030(2), the board of administration shall reduce the amount of
his or her retirement allowance to an amount, which when added to the
compensation earned by him or her in such occupation shall not exceed
the amount of the final compensation on the basis of which his or her
retirement allowance was determined. Should the earning capacity of
such beneficiary be further altered, the board may further alter his or
her retirement allowance to an amount which shall not exceed the amount
upon which he or she was originally retired, but which, subject to such
limitation shall equal, when added to the compensation earned by him or
her, the amount of his or her final compensation on the basis of which
his or her retirement allowance was determined. When said disability
beneficiary reaches the age of sixty-two years, his or her retirement
allowance shall be made equal to the amount upon which he or she was
originally retired, and shall not again be modified for any cause
except as provided in RCW 41.28.220.
(4) Should the retirement allowance of any disability beneficiary
be canceled for any cause other than reentrance into the city service
he or she shall be paid his or her accumulated contributions, less
annuity payments made to him or her.
Sec. 54 RCW 41.28.170 and 1967 c 185 s 5 are each amended to read
as follows:
A member may elect to receive, in lieu of the retirement allowance
provided for in RCW 41.28.130, its actuarial equivalent in the form of
a lesser retirement allowance, payable in accordance with the terms and
conditions of one of the options set forth below in this section.
Election of any option must be made by written application filed with
the board of administration at least thirty days in advance of
retirement as provided in RCW 41.28.120, and shall not be effective
unless approved by the board prior to retirement of the member.
Option A. The lesser retirement allowance shall be payable to the
member throughout his or her life: PROVIDED, That if he or she die
before he or she receive in annuity payments referred to in RCW
41.28.130(1)(a), a total amount equal to the amount of his or her
accumulated contributions as it was at the date of his or her
retirement, the balance of such accumulated contributions shall be paid
in one sum to his or her estate or to such person having an insurable
interest in his or her life as he or she shall nominate by written
designation duly executed and filed with the board.
Option B. The lesser retirement allowance shall be payable to a
member throughout his or her life: PROVIDED, That if he or she die
before he or she receive in annuity payments referred to in RCW
41.28.130(1)(a), a total amount equal to the amount of his or her
accumulated contributions as it was at the date of his or her
retirement, the said annuity payments resulting from his or her
accumulated contributions shall be continued and paid to his or her
estate or such person, having an insurable interest in his or her life,
as he or she shall nominate by written designation duly executed and
filed with the board until the total amount of annuity payments shall
equal the amount of his or her accumulated contributions as it was at
the date of his or her retirement.
Option C. The member shall elect a "guaranteed period" of any
number of years. If he or she dies before the lesser retirement
allowance has been paid to him or her for the number of years elected
by him or her as the "guaranteed period", the lesser retirement
allowance shall be continued to the end of the "guaranteed period", and
during such continuation shall be paid to his or her estate or to such
person having an insurable interest in his or her life as he or she
shall nominate by written designation duly executed and filed with the
board.
Option D. The lesser retirement allowance shall be payable to the
member throughout life, and after the death of the member, one-half of
the lesser retirement allowance shall be continued throughout the life
of and paid to the wife or husband of the member.
Option E. The lesser retirement allowance shall be payable to the
member throughout life, and after death of the member it shall be
continued throughout the life of and paid to the wife or husband of the
member.
Sec. 55 RCW 41.28.180 and 1939 c 207 s 19 are each amended to
read as follows:
Upon the death of any person who has not been retired, pursuant to
the provisions of this chapter, there shall be paid to his or her
estate, or to such persons having an insurable interest in his or her
life as he or she shall have nominated by written designation duly
executed and filed with the board, his or her accumulated contributions
less any payments therefrom already made to him or her, if any.
Sec. 56 RCW 41.32.044 and 1973 2nd ex.s. c 32 s 5 are each
amended to read as follows:
A retired teacher upon returning to service in the public schools
of Washington may elect to again become a member of the retirement
system: PROVIDED, That if such a retired teacher elects to be restored
to membership he or she must establish two full years of service credit
before he or she will be eligible to retire under the provision of a
formula other than the one in effect at the time of his or her previous
retirement: PROVIDED FURTHER, That where any such right to again
retire is exercised to become effective before a member has established
two full years of service credit he or she may elect to retire only
under the provisions of the formula in effect at the time of his or her
previous retirement: AND PROVIDED FURTHER, That this section shall not
apply to any individual who has returned to service and is presently in
service on the effective date of this 1973 amendatory act.
Sec. 57 RCW 41.32.497 and 1990 c 249 s 12 are each amended to
read as follows:
Any person who became a member on or before April 25, 1973 and who
qualifies for a retirement allowance shall, at time of retirement, make
an irrevocable election to receive either the retirement allowance by
RCW 41.32.498 as now or hereafter amended or to receive a retirement
allowance pursuant to this section consisting of: (1) An annuity which
shall be the actuarial equivalent of his or her accumulated
contributions at his or her age of retirement, (2) A basic service
pension of one hundred dollars per annum, and (3) A service pension
which shall be equal to one one-hundredth of his or her average
earnable compensation for his or her two highest compensated
consecutive years of service times the total years of creditable
service established with the retirement system: PROVIDED, That no
beneficiary now receiving benefits or who receives benefits in the
future, except those beneficiaries receiving reduced benefits pursuant
to RCW 41.32.520(1)(a) or 41.32.530, shall receive a pension of less
than six dollars and fifty cents per month for each year of creditable
service established with the retirement system. Pension benefits
payable under the provisions of this section shall be prorated on a
monthly basis and paid at the end of each month.
Sec. 58 RCW 41.33.020 and 1992 c 212 s 12 are each amended to
read as follows:
The terms and provisions of the plan are as follows:
(1) Each political subdivision of the state employing members of
the teachers' retirement system and the members of the teachers'
retirement system, after the approval of this plan by the legislature,
and by the eligible employees through a referendum as provided in RCW
41.48.030 (3) and (4), shall be deemed to have accepted and agreed to
be bound by the following terms and conditions in consideration of
extension of the existing agreement between the secretary of health,
education, and welfare and the governor to make the protection of the
federal old age and survivors insurance program available and
applicable to such employees.
(2) As used in this plan the terms quoted below shall have the
meanings assigned thereto in this section.
"Political subdivision" means any political subdivision, or
instrumentality of one or more subdivisions, or proprietary enterprise
acquired, purchased or originated by one or more such subdivisions
after December, 1950, which employs members of the teachers' retirement
system. The state, its agencies, instrumentalities, and institutions
of higher learning shall be grouped and considered as a single
political subdivision.
"Employee" means any person who is a member of the teachers'
retirement system and is employed by a political subdivision.
"Wages" shall have the meaning given in RCW 41.48.020(1) and
section 209 of the social security act (42 U.S.C.A. Sec. 409).
"State" where not otherwise clearly indicated by the context, means
the commissioner of employment security or other officer designated by
the governor to administer the plan at the state level for all
participating political subdivisions.
(3) The terms and conditions of this plan are intended and shall be
construed to be in conformity with the requirements of the federal
social security act as amended and with the requirements of chapter
41.48 RCW, and particularly RCW 41.48.050, as amended by chapter 4,
Laws of 1955 extraordinary session.
(4) The rights and benefits accruing to employees from membership
in the teachers' retirement system shall in no way be altered or
impaired by this plan or by the additional and supplementary OASI
coverage which such employees may receive hereunder, other than the
elimination of (1), (2) and (3) of section 52, chapter 80, Laws of 1947
and RCW 41.32.520 as each are amended, with the exception of that part
of (1) which permits a widow or widower without a child or children
under age eighteen to receive a monthly payment of fifty dollars at age
fifty, provided that the member had fifteen or more years of Washington
membership service credit at date of death.
(5) There shall be no additional cost to or involvement of the
state or a political subdivision with respect to OASI coverage of
members of the teachers' retirement system until this plan has been
approved by the legislature.
(6) Each employee to whom OASI coverage is made applicable under
this plan pursuant to an extension or modification under RCW 41.48.030
of the existing agreement between the secretary of health, education,
and welfare and the governor shall be required to pay into the OASI
contribution ((fund)) account established by RCW 41.48.060 during the
period of such coverage contributions with respect to his or her wages
in an amount equal to the employee tax imposed by the federal insurance
contributions act (section 3101, Internal Revenue Code of 1954), in
consideration of the employee's retention in service by the political
subdivision. The subdivision shall withhold such contributions from
the wages paid to the employee; and shall remit the contributions so
withheld in each calendar quarter to the state for deposit in the
contribution ((fund)) account not later than the twentieth calendar day
of the month following that quarter.
(7) Each political subdivision shall pay into the contribution
((fund)) account with respect to the wages of its employees during the
period of their OASI coverage pursuant to this plan contributions in an
amount equal to the employer tax imposed by the federal insurance
contributions act (section 3111, Internal Revenue Code of 1954), from
the fund of the subdivision from which such employees' wages are paid.
The subdivision shall remit such contributions to the state for deposit
in the contribution ((fund)) account on a quarterly basis, not later
than the twentieth calendar day of the month following each calendar
quarter.
(8) If any political subdivision other than that comprising the
state, its agencies, instrumentalities, and institutions of higher
learning fails to remit as provided herein employer contributions or
employee contributions, or any part of either, such delinquent
contributions may be recovered with interest at the rate of six percent
per annum by action in a court of competent jurisdiction against the
political subdivision; or such delinquent contributions may at the
request of the governor be deducted from any moneys payable to such
subdivision by the state.
(9) Each political subdivision shall be charged with a share of the
cost of administration of this plan by the state, to be computed as
that proportion of the overall cost of administration which its total
annual contributions bear to the total annual contributions paid by all
subdivisions on behalf of employees covered by the plan. The state
shall compute the share of cost allocable to each subdivision and bill
the subdivision therefor at the end of each fiscal year. The
subdivision shall within ninety days thereafter remit its share of the
cost to the state for deposit in the general fund of the state.
(10) Each political subdivision shall submit to the state, through
the employment security department, P.O. Box 367, Olympia, Washington,
or such other officer or agency as the governor may subsequently
designate, on forms furnished by the state, not later than the
twentieth calendar day of the month following the end of each calendar
quarter, the following information:
A. The social security account number of each employee;
B. The name of each employee;
C. The amount of wages subject to contributions as required
hereunder paid to each employee during the quarter;
D. The total amount of wages subject to contributions paid to all
employees during the quarter;
E. The total amount of employee contributions withheld and
remitted for the quarter; and
F. The total amount of employer contributions paid by the
subdivision for the quarter.
(11) Each political subdivision shall furnish in the same manner as
provided in subsection (10) of this section, upon reasonable notice,
such other and further reports or information as the governor may from
time to time require. Each subdivision shall comply with such
requirements as the secretary of health, education, and welfare or the
governor may from time to time establish with respect to any or all of
the reports or information which are or may be provided for under
subsection (10) of this section or this subsection in order to assure
the correctness and verification thereof.
(12) The governing body of each political subdivision shall
designate an officer of the subdivision to administer such accounting,
reporting, and other functions as will be required for the effective
operation of this plan within the subdivision, as provided herein. The
commissioner of employment security or such other officer as the
governor may designate, shall perform or supervise those functions with
respect to employees of the subdivision comprising the state, its
agencies, instrumentalities, and institutions of higher learning; and
shall serve as the representative of the participating political
subdivisions in the administration of this plan with the secretary of
health, education, and welfare.
(13) The legislature shall designate the first day of any month
beginning with January, 1956, as the effective date of OASI coverage
for such employees, except that after January 1, 1958, the effective
date may not be prior to the first day of the current year.
The employer's contribution for any retroactive coverage shall be
transferred by the board of trustees from the teachers' retirement
pension reserve to the official designated by the governor to
administer the plan at the state level.
Each employee's contributions for any retroactive coverage shall be
transferred by the board of trustees from his or her accumulated
contributions in the teachers' retirement fund, to the official
designated above. Each employee, if he or she so desires, may, within
one year from the date of transfer, reimburse his or her accumulated
contributions for the amount so transferred.
(14) The governor may terminate the operation of this plan in its
entirety with respect to any political subdivision, in his or her
discretion, if he or she finds that the subdivision has failed to
comply substantially with any requirement or provision of this plan.
The plan shall not be so terminated until reasonable notice and
opportunity for hearing thereon have been given to the subdivision
under such conditions, consistent with the provisions of the social
security act, as shall have been established in regulations by the
governor.
Sec. 59 RCW 41.40.210 and 1972 ex.s. c 151 s 8 are each amended
to read as follows:
Upon retirement for disability, as provided in RCW 41.40.200, a
member who has attained age sixty, regardless of his or her creditable
service shall receive a service retirement allowance.
Sec. 60 RCW 41.41.020 and 1957 c 222 s 2 are each amended to read
as follows:
The terms and provisions of the plan are as follows:
(1) Each political subdivision of the state employing members of
the state employees' retirement system, and such employees, after
approval of this plan by its governing body as provided in RCW
41.48.030(4)(f) and after approval by its eligible employees through
referendum as provided in RCW 41.48.030 (3) and (4), and the state
itself as such a subdivision, and its employees, after approval of this
plan by the legislature as provided in RCW 41.48.050(d) and RCW
41.48.030(4)(f) and after approval by its eligible employees through
referendum as provided in RCW 41.48.030 (3) and (4), shall be deemed to
have accepted and agreed to be bound by the following terms and
conditions in consideration of extension of the existing agreement
between the secretary of health, education and welfare and the governor
to make the protection of the federal old age and survivors insurance
program available and applicable to such employees.
(2) As used in this plan the terms quoted below shall have the
meanings assigned thereto in this subsection.
"Political subdivision" means any political subdivision, or
instrumentality of one or more such subdivisions, or proprietary
enterprise acquired, purchased, or originated by one or more such
subdivisions after December, 1950, which employs members of the state
employees' retirement system. The state, its agencies,
instrumentalities, and institutions of higher learning shall be grouped
and considered as a single political subdivision.
"Employee" means any person who is a member of the state employees'
retirement system and is employed by a political subdivision, except
persons serving in ((policeman's)) police officer's or ((fireman's))
firefighters' positions and officials compensated on a fee basis.
"Wages" shall have the meaning given in RCW 41.48.020(1) and
section 209 of the social security act (42 U.S.C.A. Sec. 409); and
refers to the first four thousand two hundred dollars paid to any
employee in any calendar year.
"State", where not otherwise clearly indicated by the context,
means the commissioner of employment security or other officer
designated by the governor to administer the plan at the state level
for all participating political subdivisions.
(3) The terms and conditions of this plan are intended and shall be
construed to be in conformity with the requirements of the federal
social security act as amended and with the requirements of chapter
41.48 RCW, and particularly RCW 41.48.050, as amended by chapter 4,
Laws of the extraordinary session of 1955.
(4) The rights and benefits accruing to employees from membership
in the state employees' retirement system shall in no way be altered or
impaired by this plan or by the additional and supplementary OASI
coverage which such employees may receive hereunder. Nothing herein
shall be construed to alter in any way the obligations of any political
subdivision or its employees to the retirement system.
(5) There shall be no additional cost to or involvement of the
state with respect to OASI coverage for state employee members of the
state employees' retirement system until this plan has been approved by
the legislature.
(6) OASI coverage shall be applicable to all services performed by
its employees for a political subdivision which has approved this plan.
(7) Each employee to whom OASI coverage is made applicable under
this plan pursuant to an extension or modification under RCW 41.48.030
of the existing agreement between the secretary of health, education,
and welfare and the governor shall be required to pay into the OASI
contribution ((fund)) account established by RCW 41.48.060 during the
period of such coverage contributions with respect to his or her wages
in an amount equal to the employee tax imposed by the federal insurance
contributions act (section 3101, Internal Revenue Code of 1954), in
consideration of the employee's retention in service by the political
subdivision. The subdivision shall withhold such contributions from
the wages paid to the employee; and shall remit the contributions so
withheld in each calendar quarter to the state for deposit in the
contribution ((fund)) account not later than the twentieth calendar day
of the month following that quarter.
(8) Each political subdivision shall pay into the contribution
((fund)) account with respect to the wages of its employees during the
period of their OASI coverage pursuant to this plan contributions in an
amount equal to the employer tax imposed by the federal insurance
contributions act (section 3111, Internal Revenue Code of 1954), from
the fund of the subdivision from which such employees' wages are paid.
The subdivision shall remit such contributions to the state for deposit
in the contribution ((fund)) account on a quarterly basis, not later
than the twentieth calendar day of the month following each calendar
quarter.
(9) If any political subdivision other than that comprising the
state, its agencies, instrumentalities, and institutions of higher
learning fails to remit as provided herein employer contributions or
employee contributions, or any part of either, such delinquent
contributions may be recovered with interest at the rate of six percent
per annum by action in a court of competent jurisdiction against the
political subdivision; or such delinquent contributions may at the
request of the governor be deducted from any moneys payable to such
subdivision by the state.
(10) Each political subdivision shall be charged with a share of
the cost of administration of this plan by the state, to be computed as
that proportion of the overall cost of administration which its total
annual contributions bear to the total annual contributions paid by all
subdivisions on behalf of employees covered by the plan. The state
shall compute the share of cost allocable to each subdivision and bill
the subdivision therefor at the end of each fiscal year. The
subdivision shall within ninety days thereafter remit its share of the
cost to the state for deposit in the general fund of the state.
(11) Each political subdivision shall submit to the state, through
the employment security department, P.O. Box 367, Olympia, Washington,
or such other officer or agency as the governor may subsequently
designate, on forms furnished by the state, not later than the
twentieth calendar day of the month following the end of each calendar
quarter, the following information:
A. The social security account number of each employee;
B. The name of each employee;
C. The amount of wages subject to contributions as required
hereunder paid to each employee during the quarter;
D. The total amount of wages subject to contributions paid to all
employees during the quarter;
E. The total amount of employee contributions withheld and
remitted for the quarter; and
F. The total amount of employer contributions paid by the
subdivision for the quarter.
(12) Each political subdivision shall furnish in the same manner as
provided in subsection (11), upon reasonable notice, such other and
further reports or information as the governor may from time to time
require. Each subdivision shall comply with such requirements as the
secretary of health, education, and welfare or the governor may from
time to time establish with respect to any or all of the reports or
information which are or may be provided for under subsection (11) or
this subsection in order to assure the correctness and verification
thereof.
(13) The governing body of each political subdivision shall
designate an officer of the subdivision to administer such accounting,
reporting, and other functions as will be required for the effective
operation of this plan within the subdivision, as provided herein. The
commissioner of employment security, or such other officer as the
governor may designate, shall perform or supervise those functions with
respect to employees of the subdivision comprising the state, its
agencies, instrumentalities, and institutions of higher learning; and
shall serve as the representative of the participating political
subdivisions in the administration of this plan with the secretary of
health, education, and welfare.
(14) OASI coverage may be made applicable as provided herein to
employees of any political subdivision regardless of the approval or
disapproval of this plan by any other subdivision.
(15) Each political subdivision, with the approval of a majority of
its employees as indicated by vote thereon in conjunction with the
referendum to be held pursuant to RCW 41.48.030 (3) and (4), may
designate the first day of any month beginning with January of 1955 as
the effective date of OASI coverage for such employees; except that
after January 1, 1958, a subdivision may not so designate an effective
date prior to the first day of the current calendar year.
(16) The governor may terminate the operation of this plan in its
entirety with respect to any political subdivision, in his or her
discretion, if he or she finds that the subdivision has failed to
comply substantially with any requirement or provision of this plan.
The plan shall not be so terminated until reasonable notice and
opportunity for hearing thereon have been given to the subdivision
under such conditions, consistent with the provisions of the social
security act, as shall have been established in regulations by the
governor.
Sec. 61 RCW 41.44.030 and 1967 ex.s. c 28 s 6 are each amended to
read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Retirement system" means the statewide city employees
retirement system provided for herein.
(2) "City" or "cities" includes town or towns.
(3) "Employee" means any appointive officer or employee and shall
include elective officials to the extent specified herein.
(4) "Member" means any person included in the membership of the
retirement system as provided herein.
(5) "Board" means the "board of trustees" provided for herein.
(6) "Retirement fund" means "statewide city employees retirement
fund" provided for herein.
(7) "Service" means service rendered to a city for compensation;
and for the purpose of this chapter a member shall be considered as
being in service only while he or she is receiving compensation from
the city for such service or is on leave granted for service in the
armed forces of the United States as contemplated in RCW 41.44.120.
(8) "Prior service" means the service of a member for compensation
rendered a city prior to the effective date and shall include service
in the armed forces of the United States to the extent specified herein
and service specified in RCW 41.44.120(5).
(9) "Current service" means service after the employee has become
a member of the system.
(10) "Creditable service" means such service as is evidenced by the
record of normal contributions, plus prior service as evidenced by
prior service certificate.
(11) "Beneficiary" means any person in receipt of a pension,
annuity, retirement allowance, disability allowance, or any other
benefit herein.
(12) "Compensation" means the compensation payable in cash, plus
the monetary value, as determined by the board of trustees, of any
allowance in lieu thereof (but for the purposes of this chapter such
"compensation" shall not exceed three hundred dollars per month, except
as to those employees of any member city the legislative body of which
shall not later than July 1, 1953, have irrevocably elected by
resolution or ordinance to increase the limitation herein contained,
effective as to all of its employees, from three hundred dollars to
four hundred dollars, commencing on said date, or which shall so elect
prior to January 1st of any succeeding year, effective as of January
1st of any such succeeding year, and as to such employees shall,
commencing on the specified date, not exceed four hundred dollars or an
amount equal to such increased limitation established by such ordinance
or resolution per month): PROVIDED HOWEVER, That the foregoing
limitation shall not apply to uniformed personnel.
(13) "Compensation earnable" means the full rate of compensation
that would be payable to an employee if he or she worked the full
normal working time (but for the purposes of this chapter, such
"compensation earnable" shall not exceed three hundred dollars per
month, except as to those employees of any member city the legislative
body of which shall not later than July 1, 1953, have irrevocably
elected by resolution or ordinance to increase the limitation herein
contained, effective as to all of its employees, from three hundred
dollars to four hundred dollars, commencing on said date, or which
shall so elect prior to January 1st of any succeeding year, effective
as of January 1st of any such succeeding year, and as to such employees
shall, commencing on the specified date, not exceed four hundred
dollars or an amount equal to such increased limitation established by
such ordinance or resolution per month): PROVIDED, HOWEVER, That the
foregoing limitation shall not apply to uniformed personnel: PROVIDED
FURTHER, That after January 1, 1968 this term shall mean the full rate
of compensation payable to an employee if he or she worked the full
normal working time.
(14) "Final compensation" means the highest average annual
compensation earnable in any five consecutive years of actual service
rendered during the ten years immediately preceding retirement, or
where the employee has less than five consecutive years of actual
service, the earnable compensation for the last five years preceding
his or her retirement.
(15) "Matching contribution" means the contribution of the city
deposited in an amount equal to the normal contributions of the
employee.
(16) "Normal contributions" means the contributions at the rate
provided for in RCW 41.44.130, excluding those referred to in
subsection (6).
(17) "Released matching contributions" means such "matching
contributions" as are no longer held for the benefit of the employee.
(18) "Regular interest" means interest compounded annually at such
rate as shall have been adopted by the board of trustees in accordance
with the provisions of this chapter.
(19) "Accumulated normal contributions" means the sum of all normal
contributions, deducted from the compensation of a member, standing to
the credit of his or her individual account, together with regular
interest thereon.
(20) "Pension" means payments derived from contributions made by
the city as provided herein.
(21) "Annuity" means payments derived from contributions made by a
member as provided herein.
(22) "Retirement allowance" means the pension plus annuity.
(23) "Fiscal year" means any year commencing with January 1st and
ending with December 31st next following.
(24) "Miscellaneous personnel" means officers and employees other
than those in the uniformed police or fire service: PROVIDED, Those
members of the fire department who are ineligible to the benefits of a
((firemen's)) firefighters' pension system established by or pursuant
to any other state law, are also included in the miscellaneous
personnel.
(25) "Uniformed personnel" means any employee who is a
((policeman)) police officer in service or who is subject to call to
active service or duty as such.
(26) "Effective date" when used with regard to employees means the
date on which any individual or group of employees became members of
any retirement system and when used with regard to any city or town
shall mean the date on which it became a participant.
(27) "Actuarial equivalent" means a benefit of equal value when
computed at regular interest upon the basis of such mortality tables as
shall be adopted by the board of trustees.
(28) "Persons having an insurable interest in his or her life"
means and includes only such persons who, because of relationship from
ties of blood or marriage, have reason to expect some benefit from the
continuation of the life of the member.
(29) "Additional contributions" means contributions made pursuant
to subsection (6) of RCW 41.44.130.
(30) "Accumulated additional contributions" means the sum of all
"additional contributions" made by a member standing to the credit of
the individual account, together with regular interest thereon.
(31) "Part time employees" means those employees who, although
regularly and continuously employed, do not regularly perform their
duties the full number of hours required of other regular employees,
including but not confined to such employees as police judges, city
attorneys, and other officers and employees who are also engaged in
outside employment or occupations.
(32) "Excess interest income" means that interest income earned and
received from investments in excess of the interest income on
investments required to meet actuarial funding requirements.
Sec. 62 RCW 41.44.070 and 1967 ex.s. c 28 s 7 are each amended to
read as follows:
(1) The board of trustees shall consist of seven members, one of
whom shall be the state insurance commissioner, ex officio; three
elective city officials eligible to the benefits of the system who
shall be appointed by the governor from a list of six city officials
submitted by the executive committee of the association of Washington
cities as the official representative of cities and towns in the state.
Original terms of office of the appointees shall be one, two and three
years as designated by the governor; thereafter terms shall be for
three years duration. Appointments to fill vacancies other than those
caused by expiration of a term, shall be for the unexpired term.
Appointees shall serve until successors have been appointed and
qualified.
In addition to these four members, there shall be three city
employees who shall be elected by a secret ballot vote of the city
employees who are members of the system. The method and details of
such election shall be determined by the board of trustees. The first
such election shall be held in June of 1968. The original terms of
office for the elected city employee members shall be one, two and
three years as designated by the board of trustees, and such terms
shall begin July 1, 1968; thereafter terms shall be for three years'
duration. In the case of vacancies of elected city employee positions
the board of trustees shall appoint city employees to serve for the
unexpired terms. Such appointees shall serve until successors have
been elected.
(2) The board shall annually, dating from the first officially
recorded meeting, elect a ((chairman)) chair and secretary. Four
members shall constitute a quorum.
(3) Each member of the board shall take an oath of office that he
or she will diligently and honestly administer the affairs of the
board, and that he or she will not knowingly violate or ((wilfully))
willfully permit to be violated any of the provisions of this chapter.
Sec. 63 RCW 41.44.080 and 1961 c 227 s 2 are each amended to read
as follows:
The administration of the system is hereby vested in the board of
trustees created in RCW 41.44.070 of this chapter and the board shall:
(1) Keep in convenient form such data as shall be deemed necessary
for actuarial valuation purposes;
(2) From time to time, through its actuary, make an actuarial
investigation into 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) Certify annually the amount of appropriation which each city
shall pay into the retirement fund in the next fiscal year, at such a
time that the local authorities shall have ample opportunity for
including such expense in the budget;
(5) Keep a record of all its proceedings, which shall be open to
inspection by the public;
(6) From time to time adopt such rules and regulations not
inconsistent with this chapter, for the administration of the
provisions of this chapter, for the administration of the fund created
by this chapter and the several accounts thereof, and for the
transaction of the business of the board;
(7) Provide for investment, reinvestment, deposit, and withdrawal
of funds;
(8) Prepare and publish annually a financial statement showing the
condition of the fund and the various accounts thereof, and setting
forth such other facts, recommendations, and data as may be of use in
the advancement of knowledge concerning the statewide city employees
retirement system, and furnish a copy thereof to each city which has
joined the retirement system, and to such members as may request copies
thereof;
(9) Serve without compensation but shall be reimbursed for expense
incident to service as individual members thereof;
(10) Determine equitable amount of administrative expense and
death-in-line-of-duty benefit expense to be borne by each city;
(11) Make available to any city considering participation in the
system, the services of the actuary employed by the board for the
purpose of ascertaining the probable cost of such participation. The
cost of any such calculation or valuation shall be paid by the city
requesting same to the retirement system;
(12) Perform such other functions as are required for the execution
of the provisions of this chapter;
(13) No member of the board shall be liable for the negligence,
default, or failure of any employee or of any other 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 to provide for the
safeguarding of the funds and assets of the system.
(14) Fix the amount of interest to be credited at a rate which
shall be based upon the net annual earnings of the fund for the
preceding twelve-month period and from time to time make any necessary
changes in such rate.
(15) Distribute excess interest income to retired members on a cost
of living index basis, as published by the United States department of
health, education, and welfare, applied only to the annuity and current
service portion of the retired members' retirement allowance:
PROVIDED, That such distribution shall not exceed the income earned and
received on open end investments.
Sec. 64 RCW 41.44.110 and 1971 ex.s. c 271 s 14 are each amended
to read as follows:
(1) Subject to subsection (2) of this section, membership of this
retirement system shall be composed of the following groups of
employees in any participating city or cities:
(a) Miscellaneous personnel as defined in this chapter;
(b) Uniformed personnel as defined in this chapter;
(c) Elective officials, who shall have the right to membership in
this retirement system upon filing written notice of such election with
the board of trustees;
(d) Employees of the retirement system itself shall be entitled to
membership and any costs in connection with such membership shall be a
part of the cost of administration.
(e) Employees of any state association of cities and towns shall be
entitled to membership, upon election to participate made by the board
of directors pursuant to RCW 41.44.050, and any costs in connection
with such membership which would be borne by a city in the case of
employees of a city shall be borne by the association.
(2) Any city may, when electing to participate in this retirement
system in the manner set forth in RCW 41.44.050, include any one group
or combination of the groups mentioned in subsection (1) of this
section. For an initial period not to exceed one year from the
effective date of any city's entry into this system, if so provided at
the time of its election to participate, only a majority of the
employees of any group or combination of groups must be members of the
system.
At all times subsequent to the effective date of the city's entry
into this system, or at all times after expiration of such initial
period, if such initial period is established at the time of the city's
election to participate, all employees of any group or combination of
groups must be included or excluded as members of this system. Groups
(c) and (d) shall be considered as being composed of miscellaneous
personnel as far as benefits and obligations are concerned except when
the contrary is clearly indicated.
(3) Subject to subsection (2) of this section, membership in the
retirement system shall be compulsory for all employees in groups (a)
and (b), after qualification as provided in subsection (4) of this
section.
(4) Subject to subsection (2) of this section, all employees in
city service, on the effective date, or on June 9, 1949, or on
expiration of the initial period therein provided if they have
completed six consecutive months' service or six months' service in any
calendar year prior to the expiration of such initial period, shall be
members of the system, provided that such employees who are not regular
full time employees and are earning less than one hundred dollars per
month, or are part time employees serving in an official or special
capacity may with the acquiescence of the legislative body of the city
or town in which they are employed, elect on or before January 1, 1950,
to discontinue membership by giving written notice of such election to
the board. All other regular employees earning more than one hundred
dollars per month shall become members upon the completion of six
consecutive months' service or six months' service in any calendar
year. Any employee otherwise eligible, employed in a permanent
position, may elect in writing to become a member of the system at any
time during the initial period, or at any time prior to completing such
six months' service. Such individual employees other than regular
employees, who are earning less than one hundred dollars per month or
who are serving in an official or special capacity may elect to become
members with the acquiescence of the legislative body of the city or
town in which they are employed upon the completion of six months of
consecutive service or six months' service in any calendar year.
(5) It shall be the duty of the proper persons in each city to
immediately report to the board routine changes in the status of
personnel and to immediately furnish such other information regarding
the employment of members as the board may from time to time require.
(6) Should any member withdraw more than one-quarter of his or her
accumulated contributions, or should he or she die or be retired, he or
she shall thereupon cease to be a member.
(7) Transfer of any employee from one city to another shall not
cause the employee to lose membership in the system providing the city
to which he or she transfers participates in the retirement system
created herein.
Sec. 65 RCW 41.44.120 and 1971 ex.s. c 271 s 15 are each amended
to read as follows:
(1) Subject to subsections (4) and (5) of this section the
following members shall be entitled to prior service credit:
(a) Each member in service on the effective date.
(b) Each member entering after the effective date if such entry is
within one year after rendering service prior to the effective date.
(c) Each member entering in accordance with the provisions and
subject to the conditions and limitations prescribed in subsection (5)
of this section.
As soon as practicable, the board shall issue to each member
entitled to prior service credit a certificate certifying the aggregate
length of service rendered prior to the effective date. Such
certificate shall be final and conclusive as to his or her prior
service unless hereafter modified by the board, upon application of the
member.
(2) Each city joining the system shall have the privilege of
selecting the rate at which prior service pensions shall be calculated
for its employees and may select any one of the three rates set forth
below:
(a) 1.33% of final compensation multiplied by the number of years
of prior service credited to the member. This rate may be referred to
as "full prior service credit."
(b) 1.00% of final compensation multiplied by the number of years
of prior service credited to the member. This rate may be referred to
as "full (([three-fourths])) prior service credit."
(c) .667% of final compensation multiplied by the number of years
of prior service credited to the member. This rate may be referred to
as "one-half prior service credit."
(3) The above rates shall apply at the age of sixty-two or over for
members included in the miscellaneous personnel and at age sixty or
over for members in the uniformed personnel: PROVIDED, That if a
member shall retire before attaining either of the ages above referred
to, the total prior service pension shall be reduced to the percentages
computed and established in accordance with the following tables, to
wit:
| Miscellaneous Personnel | ||||||||
| Percent of Full Prior Service Allowable | ||||||||
| Male | Female | |||||||
| Age | Factor | Age | Factor | |||||
| 45 | . . . . . . . . . . . . | 65.48 | 45 | . . . . . . . . . . . . | 66.78 | |||
| 46 | . . . . . . . . . . . . | 66.86 | 46 | . . . . . . . . . . . . | 67.91 | |||
| 47 | . . . . . . . . . . . . | 68.29 | 47 | . . . . . . . . . . . . | 69.09 | |||
| 48 | . . . . . . . . . . . . | 69.77 | 48 | . . . . . . . . . . . . | 70.34 | |||
| 49 | . . . . . . . . . . . . | 71.28 | 49 | . . . . . . . . . . . . | 71.67 | |||
| 50 | . . . . . . . . . . . . | 72.82 | 50 | . . . . . . . . . . . . | 73.10 | |||
| 51 | . . . . . . . . . . . . | 74.43 | 51 | . . . . . . . . . . . . | 74.71 | |||
| 52 | . . . . . . . . . . . . | 76.13 | 52 | . . . . . . . . . . . . | 76.41 | |||
| 53 | . . . . . . . . . . . . | 77.93 | 53 | . . . . . . . . . . . . | 78.21 | |||
| 54 | . . . . . . . . . . . . | 79.84 | 54 | . . . . . . . . . . . . | 80.11 | |||
| 55 | . . . . . . . . . . . . | 81.86 | 55 | . . . . . . . . . . . . | 82.12 | |||
| 56 | . . . . . . . . . . . . | 84.00 | 56 | . . . . . . . . . . . . | 84.24 | |||
| 57 | . . . . . . . . . . . . | 86.28 | 57 | . . . . . . . . . . . . | 86.50 | |||
| 58 | . . . . . . . . . . . . | 88.69 | 58 | . . . . . . . . . . . . | 88.89 | |||
| 59 | . . . . . . . . . . . . | 91.26 | 59 | . . . . . . . . . . . . | 91.42 | |||
| 60 | . . . . . . . . . . . . | 94.00 | 60 | . . . . . . . . . . . . | 94.11 | |||
| 61 | . . . . . . . . . . . . | 96.90 | 61 | . . . . . . . . . . . . | 96.96 | |||
| 62 | . . . . . . . . . . . . | 100.00 | 62 | . . . . . . . . . . . . | 100.00 | |||
| Percent of Full Prior Service Allowable | ||
| Uniformed Personnel | ||
| Age | Factor | |
| 45 | . . . . . . . . . . . . | 69.66 |
| 46 | . . . . . . . . . . . . | 71.13 |
| 47 | . . . . . . . . . . . . | 72.65 |
| 48 | . . . . . . . . . . . . | 74.22 |
| 49 | . . . . . . . . . . . . | 75.83 |
| 50 | . . . . . . . . . . . . | 77.47 |
| 51 | . . . . . . . . . . . . | 79.18 |
| 52 | . . . . . . . . . . . . | 80.99 |
| 53 | . . . . . . . . . . . . | 82.91 |
| 54 | . . . . . . . . . . . . | 84.93 |
| 55 | . . . . . . . . . . . . | 87.09 |
| 56 | . . . . . . . . . . . . | 89.37 |
| 57 | . . . . . . . . . . . . | 91.79 |
| 58 | . . . . . . . . . . . . | 94.36 |
| 59 | . . . . . . . . . . . . | 97.09 |
| 60 | . . . . . . . . . . . . | 100.00 |
Sec. 66 RCW 41.44.130 and 1965 ex.s. c 99 s 3 are each amended to
read as follows:
(1) The normal rates of contribution of members shall be based on
sex and age at time of entry into the system, which age shall be the
age at the birthday nearest the date of such entry.
(2) The normal rates of contribution for miscellaneous personnel
shall be so fixed as to provide an annuity which, together with the
pension provided by the city, shall produce as nearly as may be, a
retirement allowance at the age of sixty-two years, of one and one-third percent of the final compensation multiplied by the number of
years of service of the retiring employee. The normal rate established
for age sixty shall be the rate for any member who has attained a
greater age before entrance into the retirement system and the normal
contribution established for age twenty-four shall be the rate for any
member who enters the system at an earlier age.
(3) The normal rates of contribution for uniformed personnel shall
be so fixed as to provide an annuity which, together with the pension
that would be derived from equal contributions by the city, shall
produce as nearly as may be for members who enter service at age
thirty-seven or below, a retirement allowance, at age fifty-five with
twenty-five or more years of service, or at an age greater than fifty-five after twenty-five years of service, equal to fifty percent of
final compensation; and for members entering service at ages over
thirty-seven, a retirement allowance at age sixty-two which shall be
the same proportion of fifty percent of final compensation as the
member's actual years credited bear to twenty-five years. The normal
rate established for age fifty shall be the rate for any member who has
attained a greater age before entrance into the retirement system.
(4) Subject to the provisions of this chapter, the board shall
adopt rules and regulations governing the making of deductions from the
compensation of employees and shall certify to the proper officials in
each city the normal rate of contribution for each member provided for
in subsections (2) and (3) of this section. The proper officials in
each city shall apply such rate of contribution to the full
compensation of uniformed personnel and to so much of the compensation
of miscellaneous personnel as does not exceed three hundred dollars per
month, or four hundred dollars per month, or to any increased amount of
such compensation as to members whose member cities have duly elected
to increase the limitation provided for in subsection (12) of RCW
41.44.030 and shall certify to the board on each and every payroll the
total amount to be contributed and shall furnish immediately to the
board a copy of each and every payroll; and each of said amounts shall
be forwarded immediately to the board and the board shall credit the
deduction shown on such payroll to individual accounts of the members
represented on such payrolls.
(5) Every member shall be deemed to consent and agree to the
contribution made and provided for herein, and shall receipt in full
for his or her salary or compensation. Payment less said contributions
shall be a full and complete discharge of all claims and demands
whatsoever for the service rendered by such person during the period
covered by such payment, except his or her claim to the benefits to
which he or she may be entitled under the provisions of this chapter.
(6) Any member may elect to contribute in excess of the
contributions provided for in this section in accordance with rules to
be established by the board for the purpose of providing additional
benefits, but the exercise of this privilege shall not place on the
member city or cities any additional financial obligation. The board
shall have authority to fix the rate of interest to be paid or allowed
upon the additional contributions and from time to time make any
necessary changes in said rate. Refunds of additional contributions
shall be governed by the same rules as those covering normal
contributions unless the board shall establish separate rules therefor.
Sec. 67 RCW 41.44.140 and 1967 ex.s. c 28 s 4 are each amended to
read as follows:
Retirement of a member for service shall be made by the board as
follows:
(1) Each member included in the miscellaneous personnel in service
on the effective date, who, on or before such effective date, has
attained the age of sixty-five years or over shall be compulsorily
retired forthwith: PROVIDED, That there shall be no compulsory
retirements for a period of two years immediately following the
effective date, but any member having attained the age of sixty-five
may voluntarily retire at any time after attaining such age. Members
included in the miscellaneous personnel attaining age sixty-five after
effective date shall be retired on the first day of the calendar month
next succeeding the month in which the member shall have attained
sixty-five, but none of such members shall be subject to compulsory
retirement until two years after the effective date. The legislative
authority of the city shall have the privilege at all times of
extending time for retirement of any such member to his or her
attainment of any age not exceeding age seventy: PROVIDED, That any
such extension shall not increase the retirement age of such member in
excess of one year at a time.
(2) Any member included in the miscellaneous personnel may retire
by filing with the board a written application duly attested, setting
forth on what date he or she desires to be retired, such application to
be made at least thirty days prior to date of retirement: PROVIDED,
That said member, at the time specified for his or her retirement,
shall have attained the age of sixty years, or shall have thirty years
of creditable service regardless of attained age: PROVIDED FURTHER,
That during the two years immediately following the effective date
voluntary service retirement of such members under sixty-two years of
age shall not be granted.
(3) Each member included in the uniformed personnel in service on
the effective date who on or before such effective date has attained
the minimum age for social security benefits shall be compulsorily
retired forthwith: PROVIDED, That there shall be no compulsory service
retirements for a period of two years immediately following the
effective date, but any such member having attained the minimum age for
social security benefits may voluntarily retire at any time after
attaining such age. Members included in the uniformed personnel
attaining the minimum age for social security benefits after the
effective date shall be retired on the first day of the calendar month
next succeeding the month in which the members shall have attained the
minimum age for social security benefits, but none of such members
shall be subject to compulsory retirement until two years after the
effective date. The legislative authority shall have the privilege at
all times of extending time for retirement of any such member:
PROVIDED, That any such extension shall not increase the retirement age
of such member in excess of one year at a time.
(4) Any member included in the uniformed personnel may retire by
filing with the board a written application duly attested, setting
forth on what date he or she desires to be retired, such application to
be made at least thirty days prior to date of retirement: PROVIDED,
That said members, at the time specified for retirement, shall have
twenty-five years of creditable service regardless of age, or shall
have attained the age of fifty-five years regardless of years of
creditable service: PROVIDED FURTHER, That during the two years
immediately following the effective date voluntary service retirement
of such members under the minimum age for social security benefits
shall not be granted.
(5) After the retirement of any employee, any member city, by
unanimous vote of its legislative body and with the consent of the
board, may reemploy or retain such employee in its service to fill a
supervisory or key position.
Sec. 68 RCW 41.44.150 and 1965 ex.s. c 99 s 5 are each amended to
read as follows:
(1) A member upon retirement for service, shall receive a
retirement allowance subject to the provisions of subsection (2) of
this section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his or
her accumulated normal contributions at the time of his or her
retirement; and
(b) A pension provided by the contributions of the city, equal to
the annuity purchased by the accumulated normal contributions of the
member;
(c) For any member having credit for prior service an additional
pension, provided by the contributions of the city, as set forth in RCW
41.44.120 at the rate selected by the city employing the member;
(d) Any member, excepting a part time employee, who has ten or more
years of creditable service and who is retired by reason of attaining
the age of sixty-five or over if included in the miscellaneous
personnel or the age of fifty-five or over if included in the uniformed
personnel, and whose retirement allowance is calculated to be less than
sixty dollars per month, shall receive such additional pension,
provided by the contributions of the city, as will make his or her
total retirement allowance equal to sixty dollars per month. An
annuity purchased by accumulated additional contributions in such case
shall be paid in addition to the minimum guaranteed as herein provided.
A part time employee having ten or more years of creditable service,
retired by reason of attaining the ages in this subdivision specified
and whose retirement allowance is calculated to be less than forty
dollars per month, shall receive such additional pension, provided by
the contributions of the city, as will make the total retirement
allowance equal to forty dollars per month, together with an annuity
purchased by his or her accumulated additional contributions, if any,
in addition to the minimum guaranteed.
Nothing herein contained shall be construed in a manner to increase
or to decrease any pension being paid or to be paid to a member retired
prior to June 11, 1953.
(e) Any member, excepting a part time employee, who has been or is
retired by reason of attaining the age of sixty-five or over if
included in the miscellaneous personnel or the age of fifty-five or
over if included in the uniformed personnel, and whose retirement
allowance is calculated to be less than sixty dollars per month, shall
receive such additional pension, provided by the contributions of the
city, as will make his or her total retirement allowance equal to six
dollars per month for each year of his or her creditable service:
PROVIDED, That the total additional retirement allowance shall be
limited to an amount equal to such amount as will make his or her total
retirement allowance not more than sixty dollars per month. An annuity
purchased by accumulated additional contributions, if any, in such case
shall be paid in addition to the minimum guaranteed, as herein
provided.
Nothing herein contained shall be construed in a manner to increase
or to decrease any pension being paid or to be paid to a member retired
prior to June 11, 1953.
(f) The normal retirement age for uniformed personnel shall be age
fifty-five with twenty-five years of creditable service, or shall be at
an age greater than age fifty-five upon the completion of twenty-five
years or more of creditable service. Upon retirement at the normal
age, the retirement allowance shall be equal to fifty percent of final
compensation. If retirement occurs at an age other than the normal
age, the retirement allowance shall be the same proportion of fifty
percent of final compensation as the member's actual years of service
bears to the years of service that were or would have been served up to
the normal retirement age: PROVIDED, That if retirement occurs prior
to the normal age of retirement, said allowance shall be the actuarial
equivalent of said allowance at the normal age of retirement.
Nothing herein contained shall be construed in a manner to increase
or to decrease any pension being paid or to be paid to a member retired
prior to August 6, 1965.
(2) If the retirement allowance of the member as provided in this
section, is in excess of three-fourths of his or her final
compensation, the pension of the member, purchased by the contributions
of the city, shall be reduced to such an amount as shall make the
member's retirement allowance equal to three-fourths of his or her
final compensation, except as provided in subdivision (3) of this
section.
(3) A member, upon retirement from service, shall receive in
addition to the retirement allowance provided in this section, an
additional annuity which shall be the actuarial equivalent of any
accumulated additional contributions which he or she has to his or her
credit at the time of his or her retirement.
Sec. 69 RCW 41.44.160 and 1965 ex.s. c 99 s 6 are each amended to
read as follows:
Any member who has at least ten years of creditable service within
the fifteen years immediately preceding retirement and has not attained
the age of sixty-five years, or who attains or has attained the age of
sixty-five years prior to two years after the effective date, may be
retired by the board for permanent and total disability, either
ordinary or accidental not incurred in line of duty, and any member,
regardless of his or her age or years of service, may be retired by the
board for any permanent and total disability incurred in line of duty,
upon examination as follows:
Any member while in service, or while physically or mentally
incapacitated for the performance of duty, if such incapacity has been
continuous from discontinuance of city service, shall be examined by
such medical authority as the board shall employ, upon the application
of the head of the office or department in which the member is employed
with approval of the legislative body, or upon application of said
member, or a person acting in his or her behalf, stating that said
member is permanently and totally incapacitated, either physically or
mentally, for the performance of duty and ought to be retired. If
examination shows, to the satisfaction of the board, that the member
should be retired, he or she shall be retired forthwith: PROVIDED,
That no such application shall be considered or granted upon the
application of a member unless said member or someone in his or her
behalf, in case of the incapacity of a member, shall have filed the
application within a period of one year from and after the
discontinuance of service of said member: PROVIDED, The board shall
retire the said member for disability forthwith: PROVIDED, That the
disability retirement allowance shall be effective on the first of the
month following that in which the member last received salary or wages
in city service.
The board shall secure such medical services and advice as it may
deem necessary to carry out the purpose of this section and RCW
41.44.180.
Sec. 70 RCW 41.44.170 and 1973 1st ex.s. c 154 s 78 are each
amended to read as follows:
On retirement for permanent and total disability not incurred in
line of duty a member shall receive a retirement allowance which shall
consist of:
(1) An annuity which shall be the actuarial equivalent of his or
her accumulated normal contributions; and
(2) A pension provided by the contributions of the city which,
together with his or her annuity provided by his or her accumulated
normal contributions, shall make his or her retirement allowance equal
to thirty percent of his or her final compensation for the first ten
years of service, which allowance shall be increased by one and one-half percent for each year of service in excess of ten years to a
maximum of fifty percent of his or her final compensation; otherwise he
or she shall receive a retirement allowance of forty dollars per month
or, except as to a part time employee, such sum, monthly, not in excess
of sixty dollars per month, as is equal to six dollars per month for
each year of his or her creditable service, whichever is greater. If
the retirement allowance of a part time employee, based upon the
pension hereinabove provided, does not exceed forty dollars per month,
then such part time employee shall receive a retirement allowance of
forty dollars per month and no more.
Nothing herein contained shall be construed in a manner to increase
or to decrease any pension being paid or to be paid to a member retired
prior to August 6, 1965.
(3) If it appears to the satisfaction of the board that permanent
and total disability was incurred in line of duty, a member shall
receive in lieu of the retirement allowance provided under subdivisions
(1) and (2) of this section full pay from, and be furnished all
hospital and medical care by, the city for a period of six months from
the date of his or her disability, and commencing at the expiration of
such six month period, shall receive a retirement allowance, regardless
of his or her age or years of service, equal to fifty percent of his or
her final compensation exclusive of any other benefit he or she may
receive.
(4) No disability retirement allowance shall exceed seventy-five
percent of final compensation, anything herein to the contrary
notwithstanding, except as provided in subdivision (7) of this section.
(5) Upon the death of a member while in receipt of a disability
retirement allowance, his or her accumulated contributions, as they
were at the date of his or her retirement, less any annuity payments
made to him or her, shall be paid to his or her estate, or to such
persons having an insurable interest in his or her life as he or she
shall have nominated by written designation duly executed and filed
with the board. In the alternative, if there be a surviving spouse, or
if no surviving spouse, there are surviving a child or children under
the age of eighteen years, upon written notice to the board by such
spouse, or if there be no such spouse, by the duly appointed, qualified
and acting guardian of such child or children, within sixty days of the
date of such member's death, there shall be paid to such spouse during
his or her lifetime, or, if there be no such spouse, to such child or
children, until they shall reach the age of eighteen years, a monthly
pension equal to one-half of the monthly final compensation of such
deceased member. If any such spouse or child or children shall marry,
then such person so marrying shall thereafter receive no further
pension herein provided.
(6) If disability is due to intemperance, ((wilful)) willful
misconduct, or violation of law, on the part of the member, the board,
in its discretion, may pay to said member, in one lump sum his or her
accumulated contribution, in lieu of a retirement allowance, and such
payment shall constitute full satisfaction of all obligations of the
city to such member.
(7) In addition to the annuity and pension provided for in
subdivisions (1) and (2) of this section, a member shall receive an
annuity which shall be the actuarial equivalent of his or her
accumulated additional contributions.
Sec. 71 RCW 41.44.180 and 1961 c 227 s 8 are each amended to read
as follows:
(1) The board may, at its pleasure, require any disability
beneficiary under age sixty-two in the miscellaneous personnel and
under age fifty-five in the uniformed personnel to undergo medical
examination by medical authority designated by the board. Upon the
basis of such examination the board shall determine whether such
disability beneficiary is still totally and permanently incapacitated,
either physically or mentally, for service in the office or department
of the city where he or she was employed or in any other position in
that city, the duties of which he or she might reasonably be expected
to carry out.
(2) If the board shall determine that the beneficiary is not so
incapacitated his or her retirement allowance shall be canceled and he
or she shall be reinstated forthwith in city service. If the city is
unable to find employment for a disability beneficiary found to be no
longer totally and permanently disabled, the board shall continue the
disability retirement allowance of the beneficiary until such time as
employment is available, except as provided in paragraph (4) of this
section.
(3) Should a disability beneficiary reenter city service and be
eligible for membership in the retirement system, his or her retirement
allowance shall be canceled and he or she shall immediately become a
member of the retirement system, his or her rate of contribution for
future years being that established for his or her age at the time of
such reentry. His or her individual account shall be credited with his
or her accumulated contributions less the annuity payments made to him
or her. An amount equal to the accumulated normal contributions so
credited to him or her shall again be held for the benefit of said
member and shall no longer be included in the amounts available to meet
the obligations of the city on account of benefits that have been
granted. Such member shall receive credit for prior service in the
same manner as if he or she had never been retired for disability.
(4) Should any disability beneficiary under age sixty-two in the
miscellaneous personnel or under age fifty-five in the uniformed
personnel, refuse to submit to medical examination, his or her
retirement allowance may be discontinued until his or her withdrawal of
such refusal, and should refusal continue for one year, his or her
retirement allowance may be canceled. Should said disability
beneficiary, prior to attaining age sixty-two or age fifty-five, as the
case may be, engage in a gainful occupation the board shall reduce the
amount of his or her retirement allowance to an amount, which when
added to the compensation earned by him or her in such occupation,
shall not exceed the amount of the final compensation on the basis of
which his or her retirement allowance was determined. Should the
earning capacity of such beneficiary be further altered, the board may
further alter his or her retirement allowance as indicated above. When
said disability beneficiary reaches age sixty-two, if included in the
miscellaneous personnel, or age fifty-five, in the uniformed personnel,
his or her retirement allowance shall be made equal to the amount upon
which he or she was originally retired, and shall not again be modified
for any cause except as provided in RCW 41.44.250.
(5) Should the retirement allowance of any disability beneficiary
be canceled for any cause other than reentrance into city service, he
or she shall be paid his or her accumulated contributions, less annuity
payments made to him or her.
Sec. 72 RCW 41.44.190 and 1967 ex.s. c 28 s 5 are each amended to
read as follows:
(1) Should service of a member of the miscellaneous personnel be
discontinued except by death or retirement, he or she shall be paid six
months after the day of discontinuance such part of his or her
accumulated contributions as he or she shall demand. Six months after
the date of such discontinuance, unless on leave of absence regularly
granted, or unless he or she has exercised the option hereinafter
provided, his or her rights to all benefits as a member shall cease,
without notice, and his or her accumulated contributions shall be
returned to him or her in any event or held for his or her account if
for any reason the return of the same is prevented. Should service of
a member of the uniformed personnel be discontinued except by death or
retirement, he or she shall be paid six months after the day of
discontinuance such part of his or her accumulated contributions as he
or she shall demand, and six months after the date of such
discontinuance, unless on leave of absence regularly granted, his or
her rights to all benefits as a member shall cease, without notice, and
his or her accumulated contributions shall be returned to him or her in
any event, or held for his or her account if for any reason the same is
prevented: PROVIDED, That the board may in its discretion, grant the
privilege of withdrawal in the amounts above specified at any time
following such discontinuance. Any member whose service is
discontinued except by death or retirement, and who has five or more
years of creditable service when such discontinuance occurs, may, at
his or her option, leave his or her accumulated contributions in the
fund and thereby be entitled to receive a deferred retirement allowance
commencing at retirement age sixty for miscellaneous personnel and at
age fifty-five for uniformed personnel, such retirement allowance to be
computed in the same manner provided in subsection (1) of RCW
41.44.150: PROVIDED, That this option may be revoked at any time prior
to commencement of annuity payments by filing a written notice of such
intention with the board together with a written application for a
refund of such accumulated contributions. The board may establish
rules and regulations to govern withdrawal and redeposit of
contributions.
(2) Should a former member, within five years after discontinuance
of service, return to service in the same city in which he or she was
employed he or she may restore to the fund in such manner as may be
agreed upon by such person and the board, his or her withdrawn normal
accumulated contributions as they were at the time of his or her
separation from service and upon completion of such redeposit all his
or her rights and privileges existing at the time of discontinuance of
service shall be restored and his or her obligations as a member shall
begin again. The rate of contribution of such returning member shall
be the same as it was at the time he or she separated from service.
(3) Upon the death of any person who has not been retired, pursuant
to the provisions hereof, there shall be paid to his or her estate, or
to such persons having an insurable interest in his or her life as he
or she shall have nominated by written designation duly executed and
filed with the board, his or her accumulated contributions less any
payments therefrom already made to him or her. Such payment may be
made in one lump sum or may be paid in installments over a period of
not to exceed five years, as may be designated by the member or his or
her beneficiary, with such rate of interest as may be determined by the
board.
(4) In lieu of the death benefit otherwise payable under subsection
(3) of this section, there shall be paid a total allowance equal to
one-fourth average final compensation per month to the surviving spouse
of a member with at least twenty years service as such, at the time of
death and who has not been retired and who, by reason of membership in
the system, is covered by the Old Age and Survivors Insurance
provisions of the Federal Social Security Act, but not at the time of
death qualified to receive the benefits thereof. Said allowance shall
become payable upon the death of said member or upon the date the
surviving spouse becomes ineligible for any benefit payment from the
Federal OASI, if later, and shall cease upon death or remarriage, or
upon the date the surviving spouse would become entitled, upon
application therefor; to any insurance benefit from the Federal OASI
system, whichever event shall first occur: PROVIDED, That said benefit
shall cease upon the beneficiary becoming employed by any member city
of said system: PROVIDED FURTHER, That this allowance shall consist
of:
(a) An amount which shall be the actuarial equivalent of the normal
contributions at the time specified for retirement;
(b) An amount provided by the contributions of the city, equal to
the annuity purchased by the accumulated normal contributions of the
member;
(c) Such additional amount, provided by the contributions of the
city, as will make the total allowance equal to one-fourth average
final compensation per month;
(d) An annuity purchased by the accumulated additional
contributions, if any, in addition to the minimum guaranteed.
(5) In lieu of the death benefit otherwise payable under subsection
(3) of this section, the surviving spouse of a member who dies after
having attained the minimum requirements for his or her service
retirement as required by RCW 41.44.140 may elect to receive the
allowance which would have been paid to such surviving spouse had the
member been retired on the date of his or her death and had he or she
elected to receive the lesser retirement allowances provided for in
option C of RCW 41.44.220.
(6) If a former member shall, within one year from date of
discontinuance of service, be employed by another city participating in
this retirement system he or she shall have the privilege of
redepositing and the matching contributions deposited by the city or
cities in which he or she was formerly employed shall again be held for
the benefit of such member. If such redepositing member possessed a
prior service certificate the city employing him or her at time of
retirement shall accept the liability evidenced by such certificate.
Reinstatement of a prior service certificate shall be effective
only upon a showing that normal contributions are on deposit in the
retirement fund, to the credit of the member, covering all current
service.
Sec. 73 RCW 41.44.200 and 1953 c 228 s 8 are each amended to read
as follows:
Whenever a member withdraws his or her accumulated normal
contributions the matching contributions of the city so released shall
be transferred to a reserve account created for the purpose of showing
the amount of credits due each city through such operation. Such
credits may be used by the city to apply on any charges made against
the city but only so much thereof as will insure leaving in such
account an amount estimated to be sufficient to again match
contributions redeposited by employees returning to service as
contemplated in RCW 41.44.190. The board may credit such reserve
accounts with interest at such rate as the board deems equitable:
PROVIDED, That as to any member city which has elected to and is making
contributions in lieu of those required in RCW 41.44.090(1)(a), there
shall be no release of the city's matching contributions after the date
of its commencement to make such lieu contributions: PROVIDED FURTHER,
That any released contributions of any such city which have been
credited to its reserve account prior to the date of such commencement,
shall be available to it for the purposes hereinabove specified, unless
the board shall determine that their immediate use for such purposes
would result in a harmful effect upon the assets of the system, in
which event the board shall have the right to defer their use for a
reasonable time in which to permit it to make adjustments in the
current assets of the system to prevent the same.
Sec. 74 RCW 41.44.210 and 1973 1st ex.s. c 154 s 79 are each
amended to read as follows:
Upon the death of any member who dies from injuries or disease
arising out of or incurred in the performance of his or her duty or
duties, of which the board of trustees shall be the judge, if death
occurs within one year from date of discontinuance of city service
caused by such injury, there shall be paid to his or her estate or to
such person or persons having an insurable interest in his or her life,
as he or she shall have nominated by written designation duly executed
and filed with the board, the sum of one thousand dollars, purchased by
the contributions of the cities participating in the retirement system;
and in addition thereto there shall be paid to the surviving spouse
during such spouse's lifetime, or if there be no surviving spouse, then
to his or her minor child or children until they shall have reached the
age of eighteen years, a monthly pension equal to one-half the monthly
final compensation of such deceased member. If any such spouse, or
child or children shall marry, then such person so marrying shall
thereafter receive no further pension herein provided. Cost of the
lump sum benefit above provided shall be determined by actuarial
calculation and prorated equitably to each city. The benefits provided
in this section shall be exclusive of any other benefits due the member
under this chapter.
Sec. 75 RCW 41.44.220 and 1965 ex.s. c 99 s 9 are each amended to
read as follows:
A member may elect to receive in lieu of the retirement allowance
provided for in RCW 41.44.150, its actuarial equivalent in the form of
a lesser retirement allowance, payable in accordance with the terms and
conditions of one of the options set forth below in this section.
Election of any option must be made by written application filed with
the board at least thirty days in advance of retirement, or may be made
by any member after he or she has attained the minimum requirements for
his or her service retirement as required by RCW 41.44.140, and shall
not be effective unless approved by the board prior to retirement of
the member.
Option A. The lesser retirement allowance shall be payable to the
member throughout his or her life: PROVIDED, That if he or she die
before he or she receives in annuity payments referred to in paragraph
(a) of subsection (1) of RCW 41.44.150 a total amount equal to the
amount of his or her accumulated contributions as it was at date of his
or her retirement, the balance of such accumulated contributions shall
be paid in one sum to his or her estate or to such person having an
insurable interest in his or her life as he or she shall nominate by
written designation duly executed and filed with the board.
Option B. The lesser retirement allowance shall be payable to the
member throughout life, and after death of the member, one-half of the
lesser retirement allowance shall be continued throughout the life of
and paid to the wife or husband of this member.
Option C. The lesser retirement allowance shall be payable to the
member throughout life, and after death of the member it shall be
continued throughout the life of and paid to the wife or husband of the
member.
A member may apply for some other benefit or benefits and the board
may grant such application provided such other benefit or benefits,
together with the reduced retirement allowance, shall be certified by
the actuary to be of equivalent value to his or her retirement
allowance.
The surviving spouse may elect to receive a cash refund of the
member's accumulated contributions in lieu of the monthly benefit under
either Option B or Option C.
Sec. 76 RCW 41.44.250 and 1951 c 275 s 15 are each amended to
read as follows:
The payment of any retirement allowance to a member who has been
retired from service shall be suspended during the time that the
beneficiary is in receipt of compensation for service to any city or
town that is a member of the statewide city employees' retirement
system, except as to the amount by which such retirement allowance may
exceed such compensation for the same period. It is the intent of this
section to prevent any retired person from being able to receive both
his or her retirement allowance and compensation for service to any
city or town that is a member of the statewide city employees'
retirement system: PROVIDED, That nothing in this section shall
prevent county or state welfare departments from furnishing to any
retired employee under the terms of this chapter the hospital, medical,
dental, and other benefits granted to pensioners under the provisions
of Title 74 RCW.
Sec. 77 RCW 41.48.020 and 1955 ex.s. c 4 s 2 are each amended to
read as follows:
For the purposes of this chapter:
(1) "Wages" means all remuneration for employment as defined
herein, including the cash value of all remuneration paid in any medium
other than cash, except that such term shall not include that part of
such remuneration which, even if it were for "employment" within the
meaning of the federal insurance contributions act, would not
constitute "wages" within the meaning of that act;
(2) "Employment" means any service performed by an employee in the
employ of the state, or any political subdivision thereof, for such
employer, except (a) service which in the absence of an agreement
entered into under this chapter would constitute "employment" as
defined in the social security act; or (b) service which under the
social security act may not be included in an agreement between the
state and the secretary of health, education, and welfare entered into
under this chapter;
(3) "Employee" includes all officers and employees of the state or
its political subdivisions except officials compensated on a fee basis;
(4) "Secretary of health, education, and welfare" includes any
individual to whom the secretary of health, education, and welfare has
delegated any of his or her functions under the social security act
with respect to coverage under such act of employees of states and
their political subdivisions, and with respect to any action taken
prior to April 11, 1953, includes the federal security administrator
and any individual to whom such administrator has delegated any such
function;
(5) "Political subdivision" includes an instrumentality of the
state, of one or more of its political subdivisions, or of the state
and one or more of its political subdivisions. Such term also includes
a proprietary enterprise acquired, purchased, or originated by the
state or any of its political subdivisions subsequent to December,
1950. Such a subdivision may elect to accept federal OASI coverage
under this chapter.
(6) "Federal insurance contributions act" means subchapter A of
chapter 9 of the federal internal revenue code of 1939 and subchapters
A and B of chapter 21 of the federal internal revenue code of 1954, as
such codes have been and may from time to time be amended; and the term
"employee tax" means the tax imposed by section 1400 of such code of
1939 and section 3101 of such code of 1954.
Sec. 78 RCW 41.48.040 and 1955 ex.s. c 4 s 4 are each amended to
read as follows:
(1) Every employee of the state whose services are covered by an
agreement entered into under RCW 41.48.030 shall be required to pay for
the period of such coverage, into the contribution ((fund)) account
established by RCW 41.48.060, contributions, with respect to wages (as
defined in RCW 41.48.020), equal to the amount of employee tax which
would be imposed by the federal insurance contributions act if such
services constituted employment within the meaning of that act. Such
liability shall arise in consideration of the employees' retention in
the service of the state, or his or her entry upon such service, after
the enactment of this chapter.
(2) The contribution imposed by this section shall be collected by
deducting the amount of the contribution from wages as and when paid,
but failure to make such deduction shall not relieve the employee from
liability for such contribution.
(3) If more or less than the correct amount of the contribution
imposed by this section is paid or deducted with respect to any
remuneration, proper adjustments, or refund if adjustment is
impracticable, shall be made, without interest, in such manner and at
such times as the state agency shall prescribe.
Sec. 79 RCW 41.48.050 and 1981 c 119 s 1 are each amended to read
as follows:
(1) Each political subdivision of the state is hereby authorized to
submit for approval by the governor a plan for extending the benefits
of title II of the social security act, in conformity with the
applicable provisions of such act, to those employees of such political
subdivisions who are not covered by an existing pension or retirement
system. Each pension or retirement system established by the state or
a political subdivision thereof is hereby authorized to submit for
approval by the governor a plan for extending the benefits of title II
of the social security act, in conformity with applicable provisions of
such act, to members of such pension or retirement system. Each such
plan and any amendment thereof shall be approved by the governor if he
or she finds that such plan, or such plan as amended, is in conformity
with such requirements as are provided in regulations of the governor,
except that no such plan shall be approved unless --
(a) It is in conformity with the requirements of the social
security act and with the agreement entered into under RCW 41.48.030;
(b) It provides that all services which constitute employment as
defined in RCW 41.48.020 and are performed in the employ of the
political subdivision by employees thereof, shall be covered by the
plan;
(c) It specifies the source or sources from which the funds
necessary to make the payments required by paragraph (a) of subsection
(3) and by subsection (4) of this section are expected to be derived
and contains reasonable assurance that such sources will be adequate
for such purposes;
(d) It provides that in the plan of coverage for members of the
state teachers' retirement system or for state employee members of the
state employees' retirement system, there shall be no additional cost
to or involvement of the state until such plan has received prior
approval by the legislature;
(e) It provides for such methods of administration of the plan by
the political subdivision as are found by the governor to be necessary
for the proper and efficient administration of the plan;
(f) It provides that the political subdivision will make such
reports, in such form and containing such information, as the governor
may from time to time require and comply with such provisions as the
governor or the secretary of health, education, and welfare may from
time to time find necessary to assure the correctness and verification
of such reports; and
(g) It authorizes the governor to terminate the plan in its
entirety, in his or her discretion, if he or she finds that there has
been a failure to comply substantially with any provision contained in
such plan, such termination to take effect at the expiration of such
notice and on such conditions as may be provided by regulations of the
governor and may be consistent with the provisions of the social
security act.
(h) It provides that law enforcement officers and firefighters of
each political subdivision of this state who are covered by the
Washington Law Enforcement Officers' and Firefighters' Retirement
System Act (chapter 209, Laws of 1969 ex. sess.) as now in existence or
hereafter amended shall constitute a separate "coverage group" for
purposes of the plan or agreement entered into under this section and
for purposes of section 216 of the social security act. To the extent
that the plan or agreement entered into between the state and any
political subdivision of this state is inconsistent with this
subsection, the governor shall seek to modify the inconsistency.
(i) It provides that the plan or agreement may be terminated by any
political subdivision as to any such coverage group upon giving at
least two years advance notice in writing to the governor, effective at
the end of the calendar quarter specified in the notice. It shall
specify that before notice of such termination is given, a referendum
shall be held among the members of the coverage group under the
following conditions:
(i) The referendum shall be conducted under the supervision of the
legislative body of the political subdivision.
(ii) Not less than sixty days' notice of such referendum shall be
given to members of the coverage group.
(iii) An opportunity to vote by secret ballot in such referendum
shall be given and shall be limited to all members of the coverage
group.
(iv) The proposal for termination shall be approved only if a
majority of the coverage group vote in favor of termination.
(v) If a majority of the coverage group vote in favor of
termination, the legislative body of the political subdivision shall
certify the results of the referendum to the governor and give notice
of termination of such coverage group.
(2) The governor shall not finally refuse to approve a plan
submitted by a political subdivision under subsection (1), and shall
not terminate an approved plan, without reasonable notice and
opportunity for hearing to the political subdivision affected thereby.
(3)(a) Each political subdivision as to which a plan has been
approved under this section shall pay into the contribution ((fund))
account, with respect to wages (as defined in RCW 41.48.020), at such
time or times as the governor may by regulation prescribe,
contributions in the amounts and at the rates specified in the
applicable agreement entered into by the governor under RCW 41.48.030.
(b) Each political subdivision required to make payments under
paragraph (a) of this subsection is authorized, in consideration of the
employee's retention in, or entry upon, employment after enactment of
this chapter, to impose upon each of its employees, as to services
which are covered by an approved plan, a contribution with respect to
his or her wages (as defined in RCW 41.48.020), not exceeding the
amount of employee tax which is imposed by the federal insurance
contributions act, and to deduct the amount of such contribution from
his or her wages as and when paid. Contributions so collected shall be
paid into the OASI contribution ((fund)) account in partial discharge
of the liability of such political subdivision or instrumentality under
paragraph (a) of this subsection. Failure to deduct such contribution
shall not relieve the employee or employer of liability therefor.
(4) Delinquent reports and payments due under paragraph (f) of
subsection (1) and paragraph (a) of subsection (3) of this section will
be subject to an added interest charge of six percent per year or, if
higher, the rate chargeable to the state by the secretary by virtue of
federal law, if the late report or payment contributes to any federal
penalty for late filing of reports or for late deposit of
contributions. Delinquent contributions, interest, and penalties may
be recovered by civil action or may, at the request of the governor, be
deducted from any other moneys payable to the political subdivision by
any department or agency of the state.
Sec. 80 RCW 41.48.090 and 1951 c 184 s 10 are each amended to
read as follows:
The governor shall make and publish such rules and regulations, not
inconsistent with the provisions of this chapter, as he or she finds
necessary or appropriate to the efficient administration of the
functions with which he or she is charged under this chapter.
Sec. 81 RCW 41.48.100 and 1951 c 184 s 11 are each amended to
read as follows:
Any authority conferred upon the governor by this chapter may be
exercised by an official or state agency designated by him or her.
Sec. 82 RCW 41.50.020 and 1975-'76 2nd ex.s. c 105 s 4 are each
amended to read as follows:
There is created a department of state government to be known as
the department of retirement systems. The executive and administrative
head of the department shall be the director, who shall be appointed by
the governor with the consent of the senate. The director shall serve
at the pleasure of the governor and may be removed upon written
notification by the governor to the respective retirement boards.
The director shall have complete charge of and supervisory powers
over the department and shall be paid a salary fixed by the governor in
accordance with the provisions of RCW 43.03.040. If a vacancy occurs
in the position of director while the senate is not in session, the
governor shall make a temporary appointment until the next meeting of
the senate at which time he or she shall present to that body the name
of the person appointed to the position of director.
Sec. 83 RCW 41.56.070 and 2007 c 75 s 2 and 2007 c 75 s 1 are
each reenacted and amended to read as follows:
In the event the commission elects to conduct an election to
ascertain the exclusive bargaining representative, and upon the request
of a prospective bargaining representative showing written proof of at
least thirty percent representation of the public employees within the
unit, the commission shall hold an election by secret ballot to
determine the issue. The ballot shall contain the name of such
bargaining representative and of any other bargaining representative
showing written proof of at least ten percent representation of the
public employees within the unit, together with a choice for any public
employee to designate that he or she does not desire to be represented
by any bargaining agent. Where more than one organization is on the
ballot and neither of the three or more choices receives a majority
vote of the public employees within the bargaining unit, a run-off
election shall be held. The run-off ballot shall contain the two
choices which received the largest and second-largest number of votes.
No question concerning representation may be raised within one year of
a certification or attempted certification. Where there is a valid
collective bargaining agreement in effect, no question of
representation may be raised except during the period not more than
ninety nor less than sixty days prior to the expiration date of the
agreement. Any agreement which contains a provision for automatic
renewal or extension of the agreement shall not be a valid agreement;
nor shall any agreement be valid if it provides for a term of existence
for more than three years, except that any agreement entered into
between school districts, cities, counties, or municipal corporations,
and their respective employees, may provide for a term of existence of
up to six years.
Sec. 84 RCW 41.56.080 and 1975 1st ex.s. c 296 s 19 are each
amended to read as follows:
The bargaining representative which has been determined to
represent a majority of the employees in a bargaining unit shall be
certified by the commission as the exclusive bargaining representative
of, and shall be required to represent, all the public employees within
the unit without regard to membership in said bargaining
representative: PROVIDED, That any public employee at any time may
present his or her grievance to the public employer and have such
grievance adjusted without the intervention of the exclusive bargaining
representative, if the adjustment is not inconsistent with the terms of
a collective bargaining agreement then in effect, and if the exclusive
bargaining representative has been given reasonable opportunity to be
present at any initial meeting called for the resolution of such
grievance.
Sec. 85 RCW 41.56.120 and 1967 ex.s. c 108 s 12 are each amended
to read as follows:
Nothing contained in this chapter shall permit or grant any public
employee the right to strike or refuse to perform his or her official
duties.
Sec. 86 RCW 41.56.220 and 1980 c 87 s 17 are each amended to read
as follows:
Any public employee who represents fifty percent or more of a
bargaining unit or who represents on a statewide basis a group of five
or more bargaining units shall have the right to absent himself or
herself from his or her employment without pay and without suffering
any discrimination in his or her future employment and without losing
benefits incident to his or her employment while representing his or
her bargaining unit at the legislature of the state of Washington
during any regular or special session thereof: PROVIDED, That such
employee is replaced by his or her bargaining unit with an employee who
shall be paid by the employer and who shall be qualified to perform the
duties and obligations of the absent member in accordance with the
rules of the civil service or other standards established by his or her
employer for such absent employee.
Sec. 87 RCW 41.56.450 and 1983 c 287 s 2 are each amended to read
as follows:
If an agreement has not been reached following a reasonable period
of negotiations and mediation, and the executive director, upon the
recommendation of the assigned mediator, finds that the parties remain
at impasse, then an interest arbitration panel shall be created to
resolve the dispute. The issues for determination by the arbitration
panel shall be limited to the issues certified by the executive
director. Within seven days following the issuance of the
determination of the executive director, each party shall name one
person to serve as its arbitrator on the arbitration panel. The two
members so appointed shall meet within seven days following the
appointment of the later appointed member to attempt to choose a third
member to act as the neutral ((chairman)) chair of the arbitration
panel. Upon the failure of the arbitrators to select a neutral
((chairman)) chair within seven days, the two appointed members shall
use one of the two following options in the appointment of the third
member, who shall act as ((chairman)) chair of the panel: (1) By
mutual consent, the two appointed members may jointly request the
commission to, and the commission shall, appoint a third member within
two days of such request. Costs of each party's appointee shall be
borne by each party respectively; other costs of the arbitration
proceedings shall be borne by the commission; or (2) either party may
apply to the commission, the federal mediation and conciliation
service, or the American Arbitration Association to provide a list of
five qualified arbitrators from which the neutral ((chairman)) chair
shall be chosen. Each party shall pay the fees and expenses of its
arbitrator, and the fees and expenses of the neutral ((chairman)) chair
shall be shared equally between the parties.
The arbitration panel so constituted shall promptly establish a
date, time, and place for a hearing and shall provide reasonable notice
thereof to the parties to the dispute. A hearing, which shall be
informal, shall be held, and each party shall have the opportunity to
present evidence and make argument. No member of the arbitration panel
may present the case for a party to the proceedings. The rules of
evidence prevailing in judicial proceedings may be considered, but are
not binding, and any oral testimony or documentary evidence or other
data deemed relevant by the ((chairman)) chair of the arbitration panel
may be received in evidence. A recording of the proceedings shall be
taken. The arbitration panel has the power to administer oaths,
require the attendance of witnesses, and require the production of such
books, papers, contracts, agreements, and documents as may be deemed by
the panel to be material to a just determination of the issues in
dispute. If any person refuses to obey a subpoena issued by the
arbitration panel, or refuses to be sworn or to make an affirmation to
testify, or any witness, party, or attorney for a party is guilty of
any contempt while in attendance at any hearing held hereunder, the
arbitration panel may invoke the jurisdiction of the superior court in
the county where the labor dispute exists, and the court has
jurisdiction to issue an appropriate order. Any failure to obey the
order may be punished by the court as a contempt thereof. The hearing
conducted by the arbitration panel shall be concluded within twenty-five days following the selection or designation of the neutral
((chairman)) chair of the arbitration panel, unless the parties agree
to a longer period.
The neutral ((chairman)) chair shall consult with the other members
of the arbitration panel, and, within thirty days following the
conclusion of the hearing, the neutral ((chairman)) chair shall make
written findings of fact and a written determination of the issues in
dispute, based on the evidence presented. A copy thereof shall be
served on the commission, on each of the other members of the
arbitration panel, and on each of the parties to the dispute. That
determination shall be final and binding upon both parties, subject to
review by the superior court upon the application of either party
solely upon the question of whether the decision of the panel was
arbitrary or capricious.
Sec. 88 RCW 41.56.470 and 1973 c 131 s 6 are each amended to read
as follows:
During the pendency of the proceedings before the arbitration
panel, existing wages, hours, and other conditions of employment shall
not be changed by action of either party without the consent of the
other but a party may so consent without prejudice to his or her rights
or position under chapter 131, Laws of 1973.
Sec. 89 RCW 41.58.010 and 1981 c 338 s 21 are each amended to
read as follows:
(1) There is hereby created the public employment relations
commission (hereafter called the "commission") to administer the
provisions of this chapter. The commission shall consist of three
members who shall be citizens appointed by the governor by and with the
advice and consent of the senate. One of the original members shall be
appointed for a term of three years, one for a term of four years, and
one for a term of five years. Their successors shall be appointed for
terms of five years each, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the member
whom he or she succeeds. Commission members shall be eligible for
reappointment. The governor shall designate one member to serve as
((chairman)) chair of the commission. Any member of the commission may
be removed by the governor, upon notice and hearing, for neglect of
duty or malfeasance in office, but for no other cause. Commission
members shall not be eligible for state retirement under chapter 41.40
RCW by virtue of their service on the commission.
(2) In making citizen member appointments initially, and
subsequently thereafter, the governor shall be cognizant of the
desirability of appointing persons knowledgeable in the area of labor
relations in the state.
(3) A vacancy in the commission shall not impair the right of the
remaining members to exercise all of the powers of the commission, and
two members of the commission shall, at all times, constitute a quorum
of the commission.
(4) The commission shall at the close of each fiscal year make a
report in writing to the legislature and to the governor stating the
cases it has heard, the decisions it has rendered, the names, salaries,
and duties of all employees and officers in the employ or under the
supervision of the commission, and an account of all moneys it has
disbursed.
Sec. 90 RCW 41.58.801 and 1979 c 151 s 66 are each amended to
read as follows:
All reports, documents, surveys, books, records, files, papers, or
other writings in the possession of the marine employee commission, the
office of the superintendent of public instruction, the state board for
community ((college education)) and technical colleges, and the
department of labor and industries and pertaining to the functions
transferred to the commission by chapter 296, Laws of 1975 1st ex.
sess. shall by January 1, 1976, be delivered to the custody of the
commission. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the functions
transferred by chapter 296, Laws of 1975 1st ex. sess. shall by January
1, 1976, be transferred to the commission.
Any appropriation or portion thereof remaining as of January 1,
1976, and which is made to an agency for the purpose of carrying out
functions transferred from such agency pursuant to chapter 296, Laws of
1975 1st ex. sess., shall, by January 1, 1976, be transferred and
credited to the commission for the purpose of carrying out such
functions. This paragraph shall not affect the transfer of moneys
prior to January 1, 1976, pursuant to section 67, chapter 269, Laws of
1975 1st ex. sess.
Whenever any question arises as to the transfer of any funds,
including unexpended balances within any accounts, books, documents,
records, papers, files, equipment, or any other tangible property used
or held in the exercise of the performance of the functions transferred
under chapter 296, Laws of 1975 1st ex. sess., the director of
financial management or his or her successor shall make a determination
as to the proper allocation and certify the same to the state agencies
concerned.
Sec. 91 RCW 41.59.090 and 1975 1st ex.s. c 288 s 10 are each
amended to read as follows:
The employee organization which has been determined to represent a
majority of the employees in a bargaining unit shall be certified by
the commission as the exclusive bargaining representative of, and shall
be required to represent all the employees within the unit without
regard to membership in that bargaining representative: PROVIDED, That
any employee at any time may present his or her grievance to the
employer and have such grievance adjusted without the intervention of
the exclusive bargaining representative, as long as such representative
has been given an opportunity to be present at that adjustment and to
make its views known, and as long as the adjustment is not inconsistent
with the terms of a collective bargaining agreement then in effect.
Sec. 92 RCW 41.59.120 and 2010 c 235 s 804 are each amended to
read as follows:
(1) Either an employer or an exclusive bargaining representative
may declare that an impasse has been reached between them in collective
bargaining and may request the commission to appoint a mediator for the
purpose of assisting them in reconciling their differences and
resolving the controversy on terms which are mutually acceptable. If
the commission determines that its assistance is needed, not later than
five days after the receipt of a request therefor, it shall appoint a
mediator in accordance with rules and regulations for such appointment
prescribed by the commission. The mediator shall meet with the parties
or their representatives, or both, forthwith, either jointly or
separately, and shall take such other steps as he or she may deem
appropriate in order to persuade the parties to resolve their
differences and effect a mutually acceptable agreement. The mediator,
without the consent of both parties, shall not make findings of fact or
recommend terms of settlement. The services of the mediator,
including, if any, per diem expenses, shall be provided by the
commission without cost to the parties. Nothing in this subsection (1)
shall be construed to prevent the parties from mutually agreeing upon
their own mediation procedure, and in the event of such agreement, the
commission shall not appoint its own mediator unless failure to do so
would be inconsistent with the effectuation of the purposes and policy
of this chapter.
(2) If the mediator is unable to effect settlement of the
controversy within ten days after his or her appointment, either party,
by written notification to the other, may request that their
differences be submitted to fact-finding with recommendations, except
that the time for mediation may be extended by mutual agreement between
the parties. Within five days after receipt of the aforesaid written
request for fact-finding, the parties shall select a person to serve as
fact finder and obtain a commitment from that person to serve. If they
are unable to agree upon a fact finder or to obtain such a commitment
within that time, either party may request the commission to designate
a fact finder. The commission, within five days after receipt of such
request, shall designate a fact finder in accordance with rules and
regulations for such designation prescribed by the commission. The
fact finder so designated shall not be the same person who was
appointed mediator pursuant to subsection (1) of this section without
the consent of both parties.
The fact finder, within five days after his or her appointment,
shall meet with the parties or their representatives, or both, either
jointly or separately, and make inquiries and investigations, hold
hearings, and take such other steps as he or she may deem appropriate.
For the purpose of such hearings, investigations and inquiries, the
fact finder shall have the power to issue subpoenas requiring the
attendance and testimony of witnesses and the production of evidence.
If the dispute is not settled within ten days after his or her
appointment, the fact finder shall make findings of fact and recommend
terms of settlement within thirty days after his or her appointment,
which recommendations shall be advisory only.
(3) Such recommendations, together with the findings of fact, shall
be submitted in writing to the parties and the commission privately
before they are made public. Either the commission, the fact finder,
the employer, or the exclusive bargaining representative may make such
findings and recommendations public if the dispute is not settled
within five days after their receipt from the fact finder.
(4) The costs for the services of the fact finder, including, if
any, per diem expenses and actual and necessary travel and subsistence
expenses, and any other incurred costs, shall be borne by the
commission without cost to the parties.
(5) Nothing in this section shall be construed to prohibit an
employer and an exclusive bargaining representative from agreeing to
substitute, at their own expense, their own procedure for resolving
impasses in collective bargaining for that provided in this section or
from agreeing to utilize for the purposes of this section any other
governmental or other agency or person in lieu of the commission.
(6) Any fact finder designated by an employer and an exclusive
representative or the commission for the purposes of this section shall
be deemed an agent of the state.
(7) This section does not apply to negotiations and mediations
conducted under RCW 28A.657.050.
Sec. 93 RCW 41.59.140 and 1975 1st ex.s. c 288 s 15 are each
amended to read as follows:
(1) It shall be an unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed in RCW 41.59.060.
(b) To dominate or interfere with the formation or administration
of any employee organization or contribute financial or other support
to it: PROVIDED, That subject to rules and regulations made by the
commission pursuant to RCW 41.59.110, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss of time or
pay;
(c) To encourage or discourage membership in any employee
organization by discrimination in regard to hire, tenure of employment
or any term or condition of employment, but nothing contained in this
subsection shall prevent an employer from requiring, as a condition of
continued employment, payment of periodic dues and fees uniformly
required to an exclusive bargaining representative pursuant to RCW
41.59.100;
(d) To discharge or otherwise discriminate against an employee
because he or she has filed charges or given testimony under this
chapter;
(e) To refuse to bargain collectively with the representatives of
its employees.
(2) It shall be an unfair labor practice for an employee
organization:
(a) To restrain or coerce (i) employees in the exercise of the
rights guaranteed in RCW 41.59.060: PROVIDED, That this paragraph
shall not impair the right of an employee organization to prescribe its
own rules with respect to the acquisition or retention of membership
therein; or (ii) an employer in the selection of his or her
representatives for the purposes of collective bargaining or the
adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate
against an employee in violation of subsection (1)(c) of this section;
(c) To refuse to bargain collectively with an employer, provided it
is the representative of its employees subject to RCW 41.59.090.
(3) The expressing of any views, argument, or opinion, or the
dissemination thereof to the public, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence of an
unfair labor practice under any of the provisions of this chapter, if
such expression contains no threat of reprisal or force or promise of
benefit.
Sec. 94 RCW 42.04.020 and 1919 c 139 s 1 are each amended to read
as follows:
That no person shall be competent to qualify for or hold any
elective public office within the state of Washington, or any county,
district, precinct, school district, municipal corporation or other
district or political subdivision, unless he or she be a citizen of the
United States and state of Washington and an elector of such county,
district, precinct, school district, municipality or other district or
political subdivision.
Sec. 95 RCW 42.08.020 and Code 1881 s 653 are each amended to
read as follows:
When a public officer by official misconduct or neglect of duty,
shall forfeit his or her official bond or render his or her sureties
therein liable upon such bond, any person injured by such misconduct or
neglect, or who is by law entitled to the benefit of the security, may
maintain an action at law thereon in his or her own name against the
officer and his or her sureties to recover the amount to which he or
she may by reason thereof be entitled.
Sec. 96 RCW 42.08.030 and Code 1881 s 654 are each amended to
read as follows:
Before an action can be commenced by a plaintiff, other than the
state, or the municipal or public corporation named in the bond, leave
shall be obtained of the court or judge thereof where the action is
triable. Such leave shall be granted upon the production of a
certified copy of the bond and an affidavit of the plaintiff, or some
person in his or her behalf, showing the delinquency. But if the
matter set forth in his or her affidavit be such that, if true, the
party applying would clearly not be entitled to recover in the action,
the leave shall not be granted. If it does not appear from the
complaint that the leave herein provided for has been granted, the
defendant, on motion, shall be entitled to judgment of nonsuit; if it
does, the defendant may controvert the allegation, and if the issue be
found in his or her favor, judgment shall be given accordingly.
Sec. 97 RCW 42.08.050 and Code 1881 s 656 are each amended to
read as follows:
In an action upon an official bond, if judgments have been
recovered against the surety therein other than by confession, equal in
the aggregate to the penalty or any part thereof of such bond, and if
such recovery be established on the trial, judgment shall not be given
against such surety for an amount exceeding such penalty, or such
portion thereof as is not already recovered against him or her.
Sec. 98 RCW 42.08.090 and 1890 p 35 s 4 are each amended to read
as follows:
Whenever any such official bond shall not contain the substantial
matter or condition or conditions required by law, or there shall be
any defect in the approval or filing thereof, such bond shall not be
void so as to discharge such officer and his or her sureties, but they
shall be bound to the state, or party interested, and the state or such
party may, by action instituted in any court of competent jurisdiction,
suggest the defect of such bond or such approval or filing, and recover
his or her proper and equitable demand or damages from such officer,
and the person or persons, who intended to become, and were included in
such bond as sureties.
Sec. 99 RCW 42.08.100 and 1955 c 157 s 11 are each amended to
read as follows:
The official bonds of officers shall be approved and filed as
follows, to wit: The official bond of the secretary of state shall be
approved by the governor and filed in the office of the state auditor.
The official bonds of all other state officers required by law to give
bonds, except as otherwise expressly provided by law, shall be approved
by the governor and filed in the office of the secretary of state.
The official bonds of all county and township officers, except the
county superintendent of schools, shall be approved by the board of
county commissioners, if in session, and if not in session, by the
((chairman)) chair of such board, and filed and recorded in the office
of the county clerk of their respective counties: PROVIDED, That the
bond of the county clerk shall be recorded in the office of the county
auditor and filed in the office of the county treasurer.
Sec. 100 RCW 42.08.110 and 1890 p 35 s 6 are each amended to read
as follows:
Whenever the sureties, or any one of them, in the official bond of
any county or township officer shall die, remove from the state, become
insolvent or insufficient, or the penalty of such bond shall become
insufficient, on account of recoveries had thereon, or otherwise, it
shall be the duty of the board of county commissioners of the proper
county, of their own motion, or on the showing of any person, supported
by affidavit, to summon any such officer to appear before them at a
stated time, not less than five days after service of such summons, and
show cause why he or she should not execute an additional official bond
with good and sufficient sureties.
Sec. 101 RCW 42.08.120 and 1890 p 36 s 7 are each amended to read
as follows:
Should such officer, after due notice, fail to appear at the time
appointed, the matter may be heard and determined in his or her
absence; if after examination the board of county commissioners shall
be of opinion that the bond of such officer has become insufficient
from any cause whatever, they shall require an additional bond with
such security as may be deemed necessary, which said additional bond
shall be executed and filed within such time as the board of county
commissioners may order; and if any such officer shall fail to execute
and file such additional bond within the time prescribed by such order,
his or her office shall become vacant.
Sec. 102 RCW 42.08.130 and 1890 p 36 s 8 are each amended to read
as follows:
Whenever the official bond of any state officer shall become
insufficient from any cause whatever, the like proceedings may be had
before the superior court of the county in which said state officer
holds his or her office with reference thereto: PROVIDED, That such
proceedings may be commenced by a written motion supported by
affidavit.
Sec. 103 RCW 42.08.140 and 1890 p 36 s 9 are each amended to read
as follows:
Every such additional bond shall be of like force and obligation
upon the principal and sureties therein, and shall subject the officer
and his or her sureties to the same liabilities as are prescribed
respecting the original bonds of officers.
Sec. 104 RCW 42.08.160 and 1901 c 14 s 1 are each amended to read
as follows:
In all cases where official bonds are required or may be hereafter
required, from state, county, township, or precinct officers, the
officer or officers whose duty it is or may be to approve such bonds,
shall not accept or approve any such bonds except such bond be that of
a surety company, unless the sureties thereon shall severally justify
before an officer authorized to administer oaths as follows: (1) On a
bond given by a state or county officer that he or she is a resident
and freeholder within this state, and on a bond given by a township or
precinct officer that he or she is a resident and freeholder within the
county in which such township or precinct is situated. (2) That he or
she is worth double the amount for which he or she becomes surety over
and above all his or her debts and liabilities, in property situated
within this state which is not exempt from seizure and sale under
execution.
Sec. 105 RCW 42.12.030 and 1981 c 180 s 5 are each amended to
read as follows:
Whenever any officer resigns his or her office before the
expiration of his or her term, or the office becomes vacant from any
other cause, and at a subsequent special election such vacancy is
filled, the person so elected to fill such vacancy shall hold office
for the remainder of the unexpired term.
Sec. 106 RCW 42.14.010 and 1963 c 203 s 2 are each amended to
read as follows:
Unless otherwise clearly required by the context, the following
definitions apply:
(1) "Unavailable" means either that a vacancy in the office exists
or that the lawful incumbent of the office is absent or unable to
exercise the powers and discharge the duties of the office following an
attack and a declaration of existing emergency by the governor or his
or her successor.
(2) "Attack" means any acts of warfare taken by an enemy of the
United States causing substantial damage or injury to persons or
property in the United States and in the state of Washington.
Sec. 107 RCW 42.14.030 and 1963 c 203 s 4 are each amended to
read as follows:
In the event enemy attack reduces the number of legislators
available for duty, then those legislators available for duty shall
constitute the legislature and shall have full power to act in separate
or joint assembly by majority vote of those present. In the event of
an attack, (1) quorum requirements for the legislature shall be
suspended, and (2) where the affirmative vote of a specified proportion
of members for approval of a bill, resolution, or other action would
otherwise be required, the same proportion of those voting thereon
shall be sufficient. In the event of an attack, the governor shall
call the legislature into session as soon as practicable, and in any
case within thirty days following the inception of the attack. If the
governor fails to issue such call, the legislature shall, on the
thirtieth day from the date of inception of the attack, automatically
convene at the place where the governor then has his or her office.
Each legislator shall proceed to the place of session as expeditiously
as practicable. At such session or at any session in operation at the
inception of the attack, and at any subsequent sessions, limitations on
the length of session and on the subjects which may be acted upon shall
be suspended.
Sec. 108 RCW 42.14.060 and 1963 c 203 s 7 are each amended to
read as follows:
The governor shall, subject to such rules and regulations as he or
she may adopt, permit each appointed officer of the state to designate
temporary interim successors to the office of such officer.
Sec. 109 RCW 42.16.013 and 1981 c 9 s 3 are each amended to read
as follows:
The state treasurer shall make such transfers to the state payroll
revolving account in the amounts to be disbursed as certified by the
respective agencies: PROVIDED, That if the payroll is prepared on
behalf of an agency from data authenticated and certified by the agency
under a centralized system established pursuant to regulation of the
director of financial management, the state treasurer shall make the
transfer upon the certification of the head of the agency preparing the
centralized payroll or his or her designee.
Sec. 110 RCW 42.16.014 and 1981 c 9 s 4 are each amended to read
as follows:
Disbursements from the revolving account and fund created by RCW
42.16.010 through 42.16.017 shall be by warrant in accordance with the
provisions of RCW 43.88.160: PROVIDED, That when the payroll is
prepared under a centralized system established pursuant to regulations
of the director of financial management, disbursements on behalf of the
agency shall be certified by the head of the agency preparing the
centralized payroll or his or her designee: PROVIDED FURTHER, That
disbursements from a centralized paying agency representing amounts
withheld, and/or contributions, for payment to any individual payee on
behalf of several agencies, may be by single warrant representing the
aggregate amounts payable by all such agencies to such payee. The
procedure for disbursement and certification of these aggregate amounts
shall be established by the director of financial management.
All payments to employees or other payees, from the revolving
account and fund created by RCW 42.16.010 through 42.16.017, whether
certified by an agency or by the director of financial management on
behalf of such agency, shall be made wherever possible by a single
warrant reflecting on its face the amount charged to each revolving
account and fund.
Sec. 111 RCW 42.16.020 and 1981 c 19 s 3 are each amended to read
as follows:
No state, county, municipal, or other public officer within the
state of Washington, who receives from the state, or from any county or
municipality therein, a fixed and stated salary as compensation for
services rendered as such public officer shall be allowed or paid any
per diem for attending or testifying on behalf of the state of
Washington, or any county or municipality therein, at any trial or
other judicial proceeding, in any state, county, or municipal court
within this state; nor shall such officer, in any case, be allowed nor
paid any per diem for attending or testifying in any state or municipal
court of this state, in regard to matters and information that have
come to his or her knowledge in connection with and as a result of the
performance of his or her duties as a public officer as aforesaid:
Provided, This section shall not apply when any deduction shall be made
from the regular salary of such officer by reason of his or her being
in attendance upon the superior court, but in such cases regular
witness fees shall be paid; and further, that if a public officer be
subpoenaed and required to appear or testify in judicial proceedings in
a county other than that in which he or she resides, then said public
officer shall be entitled to receive per diem and mileage as provided
by statute in other cases; and, provided further, that this section
shall not apply to police officers when called as witnesses in the
superior courts during hours when they are off duty as such officers.
A law enforcement officer who has issued a notice of traffic infraction
is not entitled to receive witness fees or mileage in a contested
traffic infraction case.
Sec. 112 RCW 42.16.040 and Code 1881 s 2099 are each amended to
read as follows:
All fees are invariably due in advance where demanded by the
officer required to perform any official act, and no officer shall be
required to perform any official act unless his or her fees are paid
when he or she demands the same: PROVIDED, This section shall not
apply when the officer performs any official act for his or her county
or the state.
Sec. 113 RCW 42.20.020 and 1909 c 249 s 83 are each amended to
read as follows:
Every public officer who, for any reward, consideration, or
gratuity paid or agreed to be paid, shall, directly or indirectly,
grant to another the right or authority to discharge any function of
his or her office, or permit another to perform any of his or her
duties, shall be guilty of a gross misdemeanor.
Sec. 114 RCW 42.20.030 and 1909 c 249 s 84 are each amended to
read as follows:
Every person who shall falsely personate or represent any public
officer, or who shall ((wilfully)) willfully intrude himself or herself
into a public office to which he or she has not been duly elected or
appointed, or who shall ((wilfully)) willfully exercise any of the
functions or perform any of the duties of such officer, without having
duly qualified therefor, as required by law, or who, having been an
executive or administrative officer, shall ((wilfully)) willfully
exercise any of the functions of his or her office after his or her
right to do so has ceased, or wrongfully refuse to surrender the
official seal or any books or papers appertaining to such office, upon
the demand of his or her lawful successor, shall be guilty of a gross
misdemeanor.
Sec. 115 RCW 42.20.050 and 1909 c 249 s 128 are each amended to
read as follows:
Every public officer who, being authorized by law to make or give
a certificate or other writing, shall knowingly make and deliver as
true such a certificate or writing containing any statement which he or
she knows to be false, in a case where the punishment thereof is not
expressly prescribed by law, shall be guilty of a gross misdemeanor.
Sec. 116 RCW 42.20.080 and 1909 c 249 s 318 are each amended to
read as follows:
Every officer or other person mentioned in RCW 42.20.070, who shall
((wilfully)) willfully disobey any provision of law regulating his or
her official conduct in cases other than those specified in said
section, shall be guilty of a gross misdemeanor.
Sec. 117 RCW 42.20.110 and 1911 c 115 s 1 are each amended to
read as follows:
It shall be a misdemeanor for any judge or justice of any court not
of record, during the hearing of any cause or proceeding therein, to
address any person in his or her presence in unfit, unseemly, or
improper language.
Sec. 118 RCW 42.24.110 and 1965 c 116 s 4 are each amended to
read as follows:
Any person who knowingly approves or pays or causes to be approved
or paid a false or untrue claim shall be guilty of a gross misdemeanor
and, in addition, he or she shall be civilly liable on his or her bond
to the municipal corporation or political subdivision, as the case may
be, for the amount so paid or for three hundred dollars whichever is
the greater.
Sec. 119 RCW 42.24.140 and 1969 c 74 s 3 are each amended to read
as follows:
To protect the municipal corporation or political subdivision from
any losses on account of advances made as provided in RCW 42.24.120
through 42.24.160, the municipal corporation or political subdivision
shall have a prior lien against and a right to withhold any and all
funds payable or to become payable by the municipal corporation or
political subdivision to such officer or employee to whom such advance
has been given, as provided in RCW 42.24.120 through 42.24.160, up to
the amount of such advance and interest at the rate of ten percent per
annum, until such time as repayment or justification has been made. No
advance of any kind may be made to any officer or employee under RCW
42.24.120 through 42.24.160, at any time when he or she is delinquent
in accounting for or repaying a prior advance under RCW 42.24.120
through 42.24.160.
Sec. 120 RCW 42.24.150 and 1995 c 194 s 9 are each amended to
read as follows:
On or before the fifteenth day following the close of the
authorized travel period for which expenses have been advanced to any
officer or employee, he or she shall submit to the appropriate official
a fully itemized travel expense voucher, for all reimbursable items
legally expended, accompanied by the unexpended portion of such
advance, if any.
Any advance made for this purpose, or any portion thereof, not
repaid or accounted for in the time and manner specified herein, shall
bear interest at the rate of ten percent per annum from the date of
default until paid.
Sec. 121 RCW 42.24.160 and 1969 c 74 s 5 are each amended to read
as follows:
An advance made under RCW 42.24.120 through 42.24.160 shall be
considered as having been made to such officer or employee to be
expended by him or her as an agent of the municipal corporation or
political subdivision for the municipal corporation's or political
subdivision's purposes only, and specifically to defray necessary costs
while performing his or her official duties.
No such advance shall be considered as a personal loan to such
officer or employee and any expenditure thereof, other than for
official business purposes, shall be considered a misappropriation of
public funds.
Sec. 122 RCW 42.26.050 and 1979 c 151 s 76 are each amended to
read as follows:
The agency requesting a petty cash account or an increase in the
amount of petty cash advanced under the provisions of this chapter
shall submit its request to the director of financial management in the
form and detail prescribed by him or her. The agency's written request
and the approval authorized by this chapter shall be the only
documentation or certification required as a condition precedent to the
issuance of such warrant. A copy of his or her approval shall be
forwarded by the director of financial management to the state
treasurer.
Sec. 123 RCW 42.26.070 and 1979 c 151 s 77 are each amended to
read as follows:
The head of the agency or an employee designated by him or her
shall have full responsibility as custodian for the petty cash account
and its proper use under this chapter and applicable regulations of the
director of financial management. The custodian of the petty cash
account shall be covered by a surety bond in the full amount of the
account at all times and all advances to it, conditioned upon the
proper accounting for and legal expenditure of all such funds, in
addition to other conditions required by law.
Sec. 124 RCW 42.30.040 and 1971 ex.s. c 250 s 4 are each amended
to read as follows:
A member of the public shall not be required, as a condition to
attendance at a meeting of a governing body, to register his or her
name and other information, to complete a questionnaire, or otherwise
to fulfill any condition precedent to his or her attendance.
Sec. 125 RCW 42.30.090 and 1971 ex.s. c 250 s 9 are each amended
to read as follows:
The governing body of a public agency may adjourn any regular,
adjourned regular, special, or adjourned special meeting to a time and
place specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members are absent from any regular
or adjourned regular meeting the clerk or secretary of the governing
body may declare the meeting adjourned to a stated time and place. He
or she shall cause a written notice of the adjournment to be given in
the same manner as provided in RCW 42.30.080 for special meetings,
unless such notice is waived as provided for special meetings.
Whenever any meeting is adjourned a copy of the order or notice of
adjournment shall be conspicuously posted immediately after the time of
the adjournment on or near the door of the place where the regular,
adjourned regular, special, or adjourned special meeting was held.
When a regular or adjourned regular meeting is adjourned as provided in
this section, the resulting adjourned regular meeting is a regular
meeting for all purposes. When an order of adjournment of any meeting
fails to state the hour at which the adjourned meeting is to be held,
it shall be held at the hour specified for regular meetings by
ordinance, resolution, bylaw, or other rule.
Sec. 126 RCW 42.30.120 and 1985 c 69 s 1 are each amended to read
as follows:
(1) Each member of the governing body who attends a meeting of such
governing body where action is taken in violation of any provision of
this chapter applicable to him or her, with knowledge of the fact that
the meeting is in violation thereof, shall be subject to personal
liability in the form of a civil penalty in the amount of one hundred
dollars. The civil penalty shall be assessed by a judge of the
superior court and an action to enforce this penalty may be brought by
any person. A violation of this chapter does not constitute a crime
and assessment of the civil penalty by a judge shall not give rise to
any disability or legal disadvantage based on conviction of a criminal
offense.
(2) Any person who prevails against a public agency in any action
in the courts for a violation of this chapter shall be awarded all
costs, including reasonable attorneys' fees, incurred in connection
with such legal action. Pursuant to RCW 4.84.185, any public agency
who prevails in any action in the courts for a violation of this
chapter may be awarded reasonable expenses and attorney fees upon final
judgment and written findings by the trial judge that the action was
frivolous and advanced without reasonable cause.
Sec. 127 RCW 42.56.040 and 1973 c 1 s 25 are each amended to read
as follows:
(1) Each state agency shall separately state and currently publish
in the Washington Administrative Code and each local agency shall
prominently display and make available for inspection and copying at
the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and the
established places at which, the employees from whom, and the methods
whereby, the public may obtain information, make submittals or
requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by which its
operations are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as
authorized by law, and statements of general policy or interpretations
of general applicability formulated and adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of the
foregoing.
(2) Except to the extent that he or she has actual and timely
notice of the terms thereof, a person may not in any manner be required
to resort to, or be adversely affected by, a matter required to be
published or displayed and not so published or displayed.
Sec. 128 RCW 46.21.030 and 1963 c 120 s 3 are each amended to
read as follows:
The compact administrator provided for in Article VII of the
compact shall not be entitled to any additional compensation on account
of his or her service as such administrator, but shall be entitled to
expenses incurred in connection with his or her duties and
responsibilities as such administrator, in the same manner as for
expenses incurred in connection with any other duties or
responsibilities of his or her office or employment.
Sec. 129 RCW 46.23.020 and 1982 c 212 s 2 are each amended to
read as follows:
(1) The Washington state department of licensing is authorized and
encouraged to execute a reciprocal agreement with the Canadian province
of British Columbia, and with any other state which is not a member of
the nonresident violator compact, concerning the rendering of mutual
assistance in the disposition of traffic infractions committed by
persons licensed in one state or province while in the jurisdiction of
the other.
(2) Such agreements shall provide that if a person licensed by
either state or province is issued a citation by the other state or
province for a moving traffic violation covered by the agreement, he or
she shall not be detained or required to furnish bail or collateral,
and that if he or she fails to comply with the terms of the citation,
his or her license shall be suspended or renewal refused by the state
or province that issued the license until the home jurisdiction is
notified by the issuing jurisdiction that he or she has complied with
the terms of the citation.
(3) Such agreement shall also provide such terms and procedures as
are necessary and proper to facilitate its administration.
Sec. 130 RCW 49.32.072 and 1933 ex.s. c 7 s 7 are each amended to
read as follows:
No court of the state of Washington or any judge or judges thereof
shall have jurisdiction to issue a temporary or permanent injunction in
any case involving or growing out of a labor dispute, as herein
defined, except after hearing the testimony of witnesses in open court
(with opportunity for cross-examination) in support of the allegations
of a complaint made under oath, and testimony in opposition thereto, if
offered, and except after findings of fact by the court, to the
effect --
(1) That unlawful acts have been threatened and will be committed
unless restrained or have been committed and will be continued unless
restrained, but no injunction or temporary restraining order shall be
issued on account of any threat or unlawful act excepting against the
person or persons, association, or organization making the threat or
committing the unlawful act or actually authorizing or ratifying the
same after actual knowledge thereof;
(2) That substantial and irreparable injury to complainant's
property will follow;
(3) That as to each item of relief granted greater injury will be
inflicted upon complainant by the denial of relief than will be
inflicted upon defendants by the granting of relief;
(4) That complainant has no adequate remedy at law; and
(5) That the public officers charged with the duty to protect
complainant's property are unable or unwilling to furnish adequate
protection.
Such hearing shall be held after due and personal notice thereof
has been given, in such manner as the court shall direct, to all
persons against whom relief is sought, and also to the chief of those
public officials of the county and city within which the unlawful acts
have been threatened or committed charged with the duty to protect
complainant's property: PROVIDED, HOWEVER, That if a complainant shall
also allege that, unless a temporary restraining order shall be issued
without notice, a substantial and irreparable injury to complainant's
property will be unavoidable, such a temporary restraining order may be
issued upon testimony under oath, sufficient, if sustained, to justify
the court in issuing a temporary injunction upon a hearing after
notice. Such a temporary restraining order shall be effective for no
longer than five days and shall become void at the expiration of said
five days. No temporary restraining order or temporary injunction
shall be issued except on condition that complainant shall first file
an undertaking with adequate security in an amount to be fixed by the
court sufficient to recompense those enjoined for any loss, expense, or
damage caused by the improvident or erroneous issuance of such order or
injunction, including all reasonable costs (together with a reasonable
((attorney's)) attorneys' fee) and expense of defense against the order
or against the granting of any injunctive relief sought in the same
proceeding and subsequently denied by the court.
The undertaking herein mentioned shall be understood to signify an
agreement entered into by the complainant and the surety upon which a
decree may be rendered in the same suit or proceeding against said
complainant and surety, upon a hearing to assess damages of which
hearing complainant and surety shall have reasonable notice, the said
complainant and surety submitting themselves to the jurisdiction of the
court for that purpose. But nothing herein contained shall deprive any
party having a claim or cause of action under or upon such undertaking
from electing to pursue his or her ordinary remedy by suit at law or in
equity.
Sec. 131 RCW 60.08.020 and 1983 c 33 s 1 are each amended to read
as follows:
In order to make such lien effectual, the lien claimant shall,
within ninety days from the date of delivery of such chattel to the
owner, file in the office of the auditor of the county in which such
chattel is kept, a lien notice, which notice shall state the name of
the claimant, the name of the owner, a description of the chattel upon
which the claimant has performed labor or furnished material, the
amount for which a lien is claimed, and the date upon which such
expenditure of labor or material was completed, which notice shall be
signed by the claimant or someone on his or her behalf, and may be in
substantially the following form:
Sec. 132 RCW 60.08.060 and 1983 c 33 s 2 are each amended to read
as follows:
Upon presentation of such lien notice to the auditor of any county,
he or she shall file the same, and endorse thereon the time of the
reception, the number thereof, and shall enter the same in a suitable
book or file (but need not record the same). Such book or file shall
have herewith an alphabetic index, in which the county auditor shall
index such notice by noting the name of the owner, name of lien
claimant, description of property, date of lien (which shall be the
date upon which such expenditure of labor, skill or material was
completed), date of filing and when released, the date of release.
Sec. 133 RCW 60.10.070 and 1969 c 82 s 8 are each amended to read
as follows:
As used in this chapter, "commercially reasonable" shall be
construed in a manner consistent with the following:
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
lien holder is not of itself sufficient to establish that the sale was
not made in a commercially reasonable manner. If the lien holder
either sells the collateral 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 reasonable commercial practices among dealers
in the type of property sold he or she has sold in a commercially
reasonable manner. A disposition which has been approved in any
judicial proceeding or by any bona fide creditors' committee or
representative of creditors shall conclusively be deemed to be
commercially reasonable, but this sentence does not indicate that any
such approval must be obtained in any case nor does it indicate that
any disposition not so approved is not commercially reasonable.
Sec. 134 RCW 60.16.010 and 1917 c 110 s 1 are each amended to
read as follows:
Any person or corporation who shall do or cause to be done any
labor upon any orchard or orchard lands, in pruning, spraying,
cultivating, and caring for the same, at the request of the owner
thereof, or his or her agent, shall have a lien upon such orchard and
orchard lands for such work and labor so performed.
Sec. 135 RCW 60.24.020 and 1923 c 10 s 1 are each amended to read
as follows:
Every person performing labor upon or who shall assist in obtaining
or securing saw logs, spars, piles, cord wood, shingle bolts, or other
timber, and the owner or owners of any tugboat or towboat, which shall
tow or assist in towing, from one place to another within this state,
any saw logs, spars, piles, cord wood, shingle bolts, or other timber,
and the owner or owners of any team or any logging engine, which shall
haul or assist in hauling from one place to another within this state,
any saw logs, spars, piles, cord wood, shingle bolts, or other timber,
and the owner or owners of any logging or other railroad over which saw
logs, spars, piles, cord wood, shingle bolts, or other timber shall be
transported and delivered, shall have a lien upon the same for the work
or labor done upon, or in obtaining or securing, or for services
rendered in towing, transporting, hauling, or driving, the particular
saw logs, spars, cord wood, shingle bolts, or other timber in said
claim of lien described whether such work, labor, or services was done,
rendered, or performed at the instance of the owner of the same or his
or her agent. Scalers, and bull cooks, and cooks, flunkeys and waiters
in lumber camps, shall be regarded as persons who assist in obtaining
or securing the timber herein mentioned.
Sec. 136 RCW 60.24.030 and 1893 c 132 s 2 are each amended to
read as follows:
Every person performing work or labor or assisting in manufacturing
saw logs and other timber into lumber and shingles, has a lien upon
such lumber while the same remains at the mill where it was
manufactured, or in the possession or under the control of the
manufacturer, whether such work or labor was done at the instance of
the owner of such logs or his or her agent or any contractor or
subcontractor of such owner. The term "lumber," as used in this
chapter, shall be held and be construed to mean all logs or other
timber sawed or split for use, including beams, joists, planks, boards,
shingles, laths, staves, hoops, and every article of whatsoever nature
or description manufactured from saw logs or other timber.
Sec. 137 RCW 60.24.035 and 1893 c 132 s 3 are each amended to
read as follows:
Any person who shall permit another to go upon his or her timber
land and cut thereon saw logs, spars, piles, or other timber, has a
lien upon the same for the price agreed to be paid for such privilege,
or for the price such privilege would be reasonably worth in case there
was no express agreement fixing the price.
Sec. 138 RCW 60.24.075 and 1986 c 179 s 2 are each amended to
read as follows:
Every person, within sixty days after the close of the rendition of
the services, or after the close of the work or labor mentioned in the
preceding sections, claiming the benefit hereof, must file for record
with the county auditor of the county in which such saw logs, spars,
piles, and other timber were cut, or in which such lumber or shingles
were manufactured, a claim containing a statement of his or her demand
and the amount thereof, after deducting as nearly as possible all just
credits and offsets, with the name of the person by whom he or she was
employed, with a statement of the terms and conditions of his or her
contract, if any, and in case there is no express contract, the claim
shall state what such service, work, or labor is reasonably worth; and
it shall also contain a description of the property to be charged with
the lien sufficient for identification with reasonable certainty, which
claim must be verified by the oath of himself or herself or some other
person to the effect that the affiant believes the same to be true,
which claim shall be substantially in the following form:
| . . . . . . . . . . . . |
| . . . . . . . . . . . . |
Sec. 139 RCW 60.24.100 and 1893 c 132 s 9 are each amended to
read as follows:
The county auditor must record any claim filed under this chapter
in a book kept by him or her for that purpose, which record must be
indexed, as deeds and other conveyances are required by law to be
indexed, and for which he or she may receive the same fees as are
allowed by law for recording deeds and other instruments.
Sec. 140 RCW 60.24.130 and 1899 c 90 s 1 are each amended to read
as follows:
The sheriff of the county wherein the lien is filed shall be the
receiver when one is appointed, and the superior court upon a showing
made shall appoint such receiver without notice, who shall be allowed
such fees as may seem just to the court, which fees shall be accounted
for by such sheriff as other fees collected by him or her in his or her
official capacity: PROVIDED, That at any time when any property is in
the custody of such sheriff under the provisions of this chapter, and
any person claiming any interest therein, may deposit with the clerk of
the court in which such action is pending, a sum of money in an amount
equal to the claim sued upon, together with one hundred dollars, to
cover costs and interest, (unless the court shall make an order fixing
a different amount to cover such costs and interest, then such an
amount as the court shall fix to secure such costs and interest, which
such action is being prosecuted) and shall have the right to demand and
receive forthwith from such sheriff the possession and custody of such
property: PROVIDED, That in no action brought under the provisions of
this chapter shall costs be allowed to lien holders unless a demand has
been made for payment of his or her lien claim before commencement of
suit, unless the court shall find the claimants at time of bringing
action had reasonable ground to believe that the owner or the person
having control of the property upon which such lien is claimed was
attempting to defraud such claimant, or prevent the collection of such
lien.
Sec. 141 RCW 60.24.140 and 1893 c 132 s 13 are each amended to
read as follows:
If the defendant or defendants appear in a suit to enforce any lien
provided by this chapter, he, she, or they shall make their answer on
the merits of the complaint, and any motion or demurrer against the
said complaint must be filed with the answer; and no motion shall be
allowed to make complaint more definite and certain, if it appear to
the court that the defendant or defendants have or should have
knowledge of the facts, or that it can be made more certain and
definite by facts which will appear necessarily in the testimony; but
the case, unless the court sustains the demurrer to the complaint,
shall be heard on the merits as speedily as possible, and amendments of
the pleadings, if necessary, shall be liberally allowed.
Sec. 142 RCW 60.24.150 and 1893 c 132 s 14 are each amended to
read as follows:
Any person who shall bring a civil action to enforce the lien
herein provided for, or any person having a lien as herein provided
for, who shall be made a party to any such civil action, has the right
to demand that such lien be enforced against the whole or any part of
the saw logs, spars, piles, or other timber or manufactured lumber or
shingles upon which he or she has performed labor or which he or she
has assisted in securing or obtaining, or which he or she has cut on
his or her timber land during the eight months next preceding the
filing of his or her lien, for all his or her labor upon or for all his
of her assistance in obtaining or securing said logs, spars, piles, or
other timber, or in manufacturing said lumber or shingles during the
whole or any part of the eight months mentioned in section seven (7) of
this act, or for timber cut during the whole or any part of the eight
months above mentioned. And where proceedings are commenced against
any lot of saw logs, spars, piles, or other timber or lumber or
shingles as herein provided, and some of the lienors claim liens
against the specific logs, spars, piles, or other timber or lumber or
shingles proceeded against, and others against the same generally, to
secure their claims for work and labor, the priority of the liens shall
be determined as hereinbefore provided.
Sec. 143 RCW 60.24.170 and 1893 c 132 s 16 are each amended to
read as follows:
It shall be conclusively presumed by the court that a party
purchasing the property liened upon within thirty days given herein to
claimants wherein to file their liens, is not an innocent third party,
nor that he or she has become a bona fide owner of the property liened
upon, unless it shall appear that he or she has paid full value for the
said property, and has seen that the purchase money of the said
property has been applied to the payment of such bona fide claims as
are entitled to liens upon the said property under the provisions of
this chapter, according to the priorities herein established.
Sec. 144 RCW 60.24.190 and 1893 c 132 s 18 are each amended to
read as follows:
In each civil action, judgment must be rendered in favor of each
person having a lien for the amount due to him or her, and the court or
judge thereof shall order any property subject to the lien herein
provided for to be sold by the sheriff of the proper county in the same
manner that personal property is sold on execution, and the court or
judge shall apportion the proceeds of such sale to the payment of each
judgment, according to the priorities established in this chapter pro
rata in its class according to the amount of such judgment.
Sec. 145 RCW 60.24.200 and 1893 c 132 s 20 are each amended to
read as follows:
Any person who shall eloign, injure, or destroy, or who shall
render difficult, uncertain, or impossible of identification any saw
logs, spars, piles, shingles, or other timber upon which there is a
lien as herein provided, without the express consent of the person
entitled to such lien, shall be liable to the lien holder for the
damages to the amount secured by his or her lien, and it being shown to
the court in the civil action to enforce said lien, it shall be the
duty of the court to enter a personal judgment for the amount in such
action against the said person, provided he or she be a party to such
action, or the damages may be recovered by a civil action against such
person.
Sec. 146 RCW 60.28.030 and 1979 ex.s. c 38 s 1 are each amended
to read as follows:
Any person, firm, or corporation filing a claim against the reserve
fund shall have four months from the time of the filing thereof in
which to bring an action to foreclose the lien. The lien shall be
enforced by action in the superior court of the county where filed, and
shall be governed by the laws regulating the proceedings in civil
actions touching the mode and manner of trial and the proceedings and
laws to secure property so as to hold it for the satisfaction of any
lien against it: PROVIDED, That the public body shall not be required
to make any detailed answer to any complaint or other pleading but need
only certify to the court the name of the contractor; the work
contracted to be done; the date of the contract; the date of completion
and final acceptance of the work; the amount retained; the amount of
taxes certified due or to become due to the state; and all claims filed
with it showing respectively the dates of filing, the names of
claimants, and amounts claimed. Such certification shall operate to
arrest payment of so much of the funds retained as is required to
discharge the taxes certified due or to become due and the claims filed
in accordance with this chapter. In any action brought to enforce the
lien, the claimant, if he or she prevails, is entitled to recover, in
addition to all other costs, attorney fees in such sum as the court
finds reasonable. If a claimant fails to bring action to foreclose his
or her lien within the four months period, the reserve fund shall be
discharged from the lien of his or her claim and the funds shall be
paid to the contractor. The four months limitation shall not, however,
be construed as a limitation upon the right to sue the contractor or
his or her surety where no right of foreclosure is sought against the
fund.
Sec. 147 RCW 60.28.060 and 2009 c 432 s 9 are each amended to
read as follows:
If within thirty days after receipt of notice by the department of
revenue, the employment security department, and the department of
labor and industries of the completion of the contract, the amount of
all taxes, increases, and penalties due from the contractor or any of
his or her successors or assignees or to become due with respect to
such contract have not been paid, the department of revenue, the
employment security department, and the department of labor and
industries may certify to the disbursing officer the amount of all
taxes, increases, and penalties due from the contractor, together with
the amount of all taxes due and to become due with respect to the
contract and may request payment thereof in accordance with the
priority provided by this chapter. The disbursing officer shall within
ten days after receipt of such certificate and request pay to the
department of revenue, the employment security department, and the
department of labor and industries the amount of all taxes, increases,
and penalties certified to be due or to become due and all claims which
by statute are a lien upon the retained percentage withheld by the
disbursing officer in accordance with the priority provided by this
chapter. If the contractor owes no taxes imposed pursuant to Titles
50, 51, and 82 RCW, the department of revenue, the employment security
department, and the department of labor and industries shall so certify
to the disbursing officer.
Sec. 148 RCW 60.32.010 and 1897 c 43 s 1 are each amended to read
as follows:
Every person performing labor for any person, company, or
corporation, in the operation of any railway, canal, or transportation
company, or any water, mining, or manufacturing company, sawmill,
lumber or timber company, shall have a prior lien on the franchise,
earnings, and on all the real and personal property of said person,
company, or corporation, which is used in the operation of its
business, to the extent of the moneys due him or her from such person,
company, or corporation, operating said franchise or business, for
labor performed within six months next preceding the filing of his or
her claim therefor, as hereinafter provided; and no mortgage, deed of
trust, or conveyance shall defeat or take precedence over said lien.
Sec. 149 RCW 60.32.020 and 1977 ex.s. c 176 s 1 are each amended
to read as follows:
No person shall be entitled to the lien given by RCW 60.32.010,
unless he or she shall, within ninety days after he or she has ceased
to perform labor for such person, company, or corporation, filed for
record with the county auditor of the county in which said labor was
performed, or in which is located the principal office of such person,
company, or corporation in this state, a notice of claim, containing a
statement of his or her demand, after deducting all just credits and
offsets, the name of the person, company, or corporation, and the name
of the person or persons employing claimant, if known, with the
statement of the terms and conditions of his or her contract, if any,
and the time he or she commenced the employment, and the date of his or
her last service, and shall serve a copy thereof on said person,
company, or corporation within thirty days after the same is so filed
for record.
Any number of claimants may join in the same notice for the purpose
of filing and enforcing their liens, but the amount claimed by each
claimant shall be separately stated.
Sec. 150 RCW 60.34.010 and 1953 c 205 s 1 are each amended to
read as follows:
Every person performing labor in the operation of any restaurant,
hotel, tavern, or other place of business engaged in the selling of
prepared foods or drinks, or any hotel service employee, shall have a
lien on the earnings and on all the property of his or her employer
used in the operation of said business to the extent of the moneys due
him or her for labor performed within three months next preceding the
filing of his or her claim therefor.
Sec. 151 RCW 60.34.020 and 1953 c 205 s 2 are each amended to
read as follows:
The lien claimant shall within thirty days after he or she has
ceased to perform such labor, file for record with the auditor of the
county in which the labor was performed a notice of claim, containing
a statement of his or her demand, the name of the employer and the name
of the person employing him or her, if known, with a statement of the
terms and conditions of his or her contract, if any, and the time he or
she commenced the employment, and the date of his or her last service,
and shall serve or mail a copy thereof to said employer within said
period.
Sec. 152 RCW 60.40.020 and Code 1881 s 3287 are each amended to
read as follows:
When an attorney refuses to deliver over money or papers, to a
person from or for whom he or she has received them in the course of
professional employment, whether in an action or not, he or she may be
required by an order of the court in which an action, if any, was
prosecuted, or if no action was prosecuted, then by order of any judge
of a court of record, to do so within a specified time, or show cause
why he or she should not be punished for a contempt.
Sec. 153 RCW 60.44.060 and 1937 c 69 s 6 are each amended to read
as follows:
Such lien may be enforced by a suit at law brought by the claimant
or his or her assignee within one year after the filing of such lien
against the said tort feasor and/or insurer. In the event that such
tort feasor and/or insurer shall have made payment or settlement on
account of such injury, the fact of such payment shall only for the
purpose of such suit be prima facie evidence of the negligence of the
tort feasor and of the liability of the payer to compensate for such
negligence.
Sec. 154 RCW 60.52.010 and 1890 p 451 s 1 are each amended to
read as follows:
In order to secure to the owner or owners of sires payment for
service, the following provisions are enacted: That every owner of a
sire having a service fee, in order to have a lien upon the female
served, and upon the get of any such sire, under the provisions of this
chapter, for such service, shall file for record with the county
auditor of the county where said sire is kept for service a statement,
verified by oath or affirmation, to the best of his or her knowledge
and belief, giving the name, age, description, and pedigree, as well as
the terms and conditions upon which such sire is advertised for
service: PROVIDED, That owners of sires who are not in possession of
pedigrees for such sires shall not be debarred from the benefits of
this chapter.
Sec. 155 RCW 60.56.005 and 1993 c 53 s 1 are each amended to read
as follows:
For purposes of this chapter "agister" means a farmer, ((ranchman))
rancher, herder of cattle, livery and boarding stable keeper,
veterinarian, or other person, to whom horses, mules, cattle, or sheep
are entrusted for the purpose of feeding, herding, pasturing, training,
caring for, or ranching.
Sec. 156 RCW 60.60.040 and Code 1881 s 1983 are each amended to
read as follows:
The moneys arising from sales made under the provisions of this
chapter shall first be applied to the payment of the costs and expenses
of the sale, and then to the payment of the lawful charges of the
person or persons having a lien thereon for advances, freight,
transportation, wharfage, or storage, for whose benefit the sale shall
(([have])) have been made; the surplus, if any, shall be retained
subject to the future lawful charge of the person or persons for whose
benefit the sale was made, upon the property of the same owner still
remaining in store uncalled for, if any there be, and to the demand of
the owner of the property, who shall have paid such charges or
otherwise satisfied such lien, and all moneys remaining uncalled for,
for the period of three months, shall be paid to the county treasurer,
and shall remain in his or her hands a special fund for the benefit of
the lawful claimant thereof.
Sec. 157 RCW 60.66.020 and 1890 p 96 s 2 are each amended to read
as follows:
Whenever any baggage, property, or other valuables which have been
retained by any hotel keeper, inn keeper, lodging house keeper, or
boarding house keeper, in his or her possession by virtue of the
provision of RCW 60.66.010, shall remain unredeemed for the period of
three months after the same shall have been so retained, then it shall
be lawful for such hotel keeper, inn keeper, lodging house keeper, or
boarding house keeper to sell such baggage, property, or other
valuables at public auction, after giving the owner thereof ten days'
notice of the time and place of such sale, through the post office, or
by advertising in some newspaper published in the county where such
sale is made, or by posting notices in three conspicuous places in such
county, and out of the proceeds of such sale to pay all legal charges
due from the owner of such baggage, property, or valuables, including
proper charges for storage of the same, and the overplus, if any, shall
be paid to the owner upon demand.
Sec. 158 RCW 60.76.010 and 1961 c 86 s 1 are each amended to read
as follows:
Every employer who is required to pay contributions, by agreement
or otherwise, into a fund of any employee benefit plan in order that
his or her employee may participate therein, shall pay such
contributions in the required amounts and at the stipulated time or
each employee affected thereby shall have a lien on the earnings and on
all property used in the operation of said employer's business to the
extent of the moneys, plus any penalties, due to be paid by or on his
or her behalf in order to qualify him or her for participation therein,
and for any moneys expended or obligations incurred for medical,
hospital, or other expenses to which he or she would have been entitled
had such required contributions been paid.
Sec. 159 RCW 60.76.020 and 1961 c 86 s 2 are each amended to read
as follows:
The lien claimant, or his or her representative on his or her
behalf, or the trustee of the fund on the claimant's behalf, within
sixty days after such payment becomes due shall file for record with
the auditor of the county wherein the claimant is or was employed by
such employer a notice of claim, containing a statement of the demand,
the name of the employer, and the name of the person employing the
claimant, if known, with a statement of the pertinent terms and
conditions of the employee benefit plan and the time when such
contributions are due and were to have been paid, and shall serve or
mail a copy thereof to said employer within such time.
Sec. 160 RCW 61.12.040 and Code 1881 s 609 are each amended to
read as follows:
When default is made in the performance of any condition contained
in a mortgage, the mortgagee or his or her assigns may proceed in the
superior court of the county where the land, or some part thereof,
lies, to foreclose the equity of redemption contained in the mortgage.
Sec. 161 RCW 61.12.090 and 1988 c 231 s 36 are each amended to
read as follows:
A decree of foreclosure of mortgage or other lien may be enforced
by execution as an ordinary judgment or decree for the payment of
money. The execution shall contain a description of the property
described in the decree. The sheriff shall endorse upon the execution
the time when he or she receives it, and he or she shall thereupon
forthwith proceed to sell such property, or so much thereof as may be
necessary to satisfy the judgment, interest, and costs upon giving the
notice prescribed in RCW 6.21.030.
Sec. 162 RCW 61.12.093 and 1965 c 80 s 1 are each amended to read
as follows:
In actions to foreclose mortgages on real property improved by
structure or structures, if the court finds that the mortgagor or his
or her successor in interest has abandoned said property for six months
or more, the purchaser at the sheriff's sale shall take title in and to
such property free from all redemption rights as provided for in RCW
6.23.010 et seq. upon confirmation of the sheriff's sale by the court.
Lack of occupancy by, or by authority of, the mortgagor or his or her
successor in interest for a continuous period of six months or more
prior to the date of the decree of foreclosure, coupled with failure to
make payment upon the mortgage obligation within the said six month
period, will be prima facie evidence of abandonment.
Sec. 163 RCW 61.12.094 and 1965 c 80 s 2 are each amended to read
as follows:
When proceeding under RCW 61.12.093 through 61.12.095, no
deficiency judgment shall be allowed. No mortgagee shall deprive any
mortgagor, his or her successors in interest, or any redemptioner of
redemption rights by default decree without alleging such intention in
the complaint: PROVIDED, HOWEVER, That such complaint need not be
served upon any person who acquired the status of such successor in
interest or redemptioner after the recording of lis pendens in such
foreclosure action.
Sec. 164 RCW 61.12.120 and Code 1881 s 614 are each amended to
read as follows:
The plaintiff shall not proceed to foreclose his or her mortgage
while he or she is prosecuting any other action for the same debt or
matter which is secured by the mortgage, or while he or she is seeking
to obtain execution of any judgment in such other action; nor shall he
or she prosecute any other action for the same matter while he or she
is foreclosing his or her mortgage or prosecuting a judgment of
foreclosure.
Sec. 165 RCW 63.10.030 and 1983 c 158 s 3 are each amended to
read as follows:
(1) Where the lessee's liability on expiration of a consumer lease
is based on the estimated residual value of the property, such
estimated residual value shall be a reasonable approximation of the
anticipated actual fair market value of the property on lease
expiration. There shall be a rebuttable presumption that the estimated
residual value is unreasonable to the extent that the estimated
residual value exceeds the actual residual value by more than three
times the average payment allocable to a monthly period under the
lease. In addition, where the lessee has such liability on expiration
of a consumer lease there shall be a rebuttable presumption that the
lessor's estimated residual value is not in good faith to the extent
that the estimated residual value exceeds the actual residual value by
more than three times the average payment allocable to a monthly period
under the lease and such lessor shall not collect from the lessee the
amount of such excess liability on expiration of a consumer lease
unless the lessor brings a successful action with respect to such
excess liability. In all actions, the lessor shall pay the lessee's
reasonable attorneys' fees. The presumptions stated in this section
shall not apply to the extent the excess of estimated over actual
residual value is due to physical damage to the property beyond
reasonable wear and use, or to excessive use, and the lease may set
standards for such wear and use if such standards are not unreasonable.
Nothing in this subsection shall preclude the right of a willing lessee
to make any mutually agreeable final adjustment with respect to such
excess residual liability, provided such an agreement is reached after
termination of the lease.
(2) Penalties or other charges for delinquency, default, or early
termination may be specified in the lease but only at an amount which
is reasonable in the light of the anticipated or actual harm caused by
the delinquency, default, or early termination, the difficulties of
proof of loss, and the inconvenience or nonfeasibility of otherwise
obtaining an adequate remedy.
(3) If a lease has a residual value provision at the termination of
the lease, the lessee may obtain, at his or her expense, a professional
appraisal of the leased property by an independent third party agreed
to be both parties. Such appraisal shall be final and binding on the
parties.
Sec. 166 RCW 63.14.030 and 1981 c 77 s 2 are each amended to read
as follows:
The retail seller shall deliver to the retail buyer, at the time
the buyer signs the contract, a copy of the contract as signed by the
buyer, unless the contract is completed by the buyer in situations
covered by RCW 63.14.060, and if the contract is accepted at a later
date by the seller, the seller shall mail to the buyer at his or her
address shown on the retail installment contract a copy of the contract
as accepted by the seller or a copy of the memorandum as required in
RCW 63.14.060. Until the seller does so, the buyer shall be obligated
to pay only the sale price. Any acknowledgment by the buyer of
delivery of a copy of the contract shall be in a size equal to at least
ten point bold type and, if contained in the contract, shall appear
directly above the buyer's signature.
Sec. 167 RCW 63.14.040 and 1999 c 113 s 2 are each amended to
read as follows:
(1) The retail installment contract shall contain the names of the
seller and the buyer, the place of business of the seller, the
residence or other address of the buyer as specified by the buyer and
a description or identification of the goods sold or to be sold, or
service furnished or rendered or to be furnished or rendered. The
contract also shall contain the following items, which shall be set
forth in the sequence appearing below:
(a) The sale price of each item of goods or services;
(b) The amount of the buyer's down payment, if any, identifying the
amounts paid in money and allowed for goods traded in;
(c) The difference between items (a) and (b);
(d) The aggregate amount, if any, included for insurance,
specifying the type or types of insurance and the terms of coverage;
(e) The aggregate amount of official fees, if any;
(f) The amount, if any, actually paid or to be paid by the retail
seller pursuant to an agreement with the buyer to discharge a security
interest or lien on like-kind goods traded in or lease interest in the
circumstance of a lease for like goods being terminated in conjunction
with the sale pursuant to a retail installment contract;
(g) The principal balance, which is the sum of items (c), (d), (e),
and (f);
(h) The dollar amount or rate of the service charge;
(i) The amount of the time balance owed by the buyer to the seller,
which is the sum of items (g) and (h), if (h) is stated in a dollar
amount; and
(j) Except as otherwise provided in the next two sentences, the
maximum number of installment payments required and the amount of each
installment and the due date of each payment necessary to pay such
balance. If installment payments other than the final payment are
stated as a series of equal scheduled amounts and if the amount of the
final installment payment does not substantially exceed the scheduled
amount of each preceding installment payment, the maximum number of
payments and the amount and due date of each payment need not be
separately stated and the amount of the scheduled final installment
payment may be stated as the remaining unpaid balance. The due date of
the first installment payment may be fixed by a day or date or may be
fixed by reference to the date of the contract or to the time of
delivery or installation.
Additional items may be included to explain the calculations
involved in determining the balance to be paid by the buyer.
(2) Every retail installment contract shall contain the following
notice in ten point bold face type or larger directly above the space
reserved in the contract for the signature of the buyer: "NOTICE TO
BUYER:
(a) Do not sign this contract before you read it or if any spaces
intended for the agreed terms, except as to unavailable information,
are blank.
(b) You are entitled to a copy of this contract at the time you
sign it.
(c) You may at any time pay off the full unpaid balance due under
this contract, and in so doing you may receive a partial rebate of the
service charge.
(d) The service charge does not exceed . . . .% (must be filled in)
per annum computed monthly.
(e) You may cancel this contract if it is solicited in person, and
you sign it, at a place other than the seller's business address shown
on the contract, by sending notice of such cancellation by certified
mail return receipt requested to the seller at his or her address shown
on the contract which notice shall be posted not later than midnight of
the third day (excluding Sundays and holidays) following your signing
this contract. If you choose to cancel this contract, you must return
or make available to the seller at the place of delivery any
merchandise, in its original condition, received by you under this
contract."
((Clause)) Subsection (2)(e) of this section needs to be included
in the notice only if the contract is solicited in person by the seller
or his or her representative, and the buyer signs it, at a place other
than the seller's business address shown on the contract.
Sec. 168 RCW 63.14.060 and 1967 c 234 s 4 are each amended to
read as follows:
Retail installment contracts negotiated and entered into by mail or
telephone without solicitation in person by ((salesmen)) salespersons
or other representatives of the seller and based upon a catalog of the
seller, or other printed solicitation of business, if such catalog or
other printed solicitation clearly sets forth the cash sale prices and
other terms of sales to be made through such medium, may be made as
provided in this section. The provisions of this chapter with respect
to retail installment contracts shall be applicable to such sales,
except that the retail installment contract, when completed by the
buyer need not contain the items required by RCW 63.14.040.
When the contract is received from the retail buyer, the seller
shall prepare a written memorandum containing all of the information
required by RCW 63.14.040 to be included in a retail installment
contract. In lieu of delivering a copy of the contract to the retail
buyer as provided in RCW 63.14.030, the seller shall deliver to the
buyer a copy of such memorandum prior to the due date of the first
installment payable under the contract: PROVIDED, That if the catalog
or other printed solicitation does not set forth all of the other terms
of sales in addition to the cash sales prices, such memorandum shall be
delivered to the buyer prior to or at the time of delivery of the goods
or services.
Sec. 169 RCW 63.14.080 and 1967 c 234 s 5 are each amended to
read as follows:
For the purpose of this section, "periodic time balance" means the
unpaid portion of the time balance as of the last day of each month, or
other uniform time interval established by the regular consecutive
payment period scheduled in a retail installment contract.
Notwithstanding the provisions of any retail installment contract
to the contrary, and if the rights of the purchaser have not been
terminated or forfeited under the terms of the contract, any buyer may
prepay in full the unpaid portion of the time balance thereof at any
time before its final due date and, if he or she does so, he or she
shall receive a refund credit of the unearned portion of the service
charge for such prepayment. The amount of such refund credit shall be
computed according to the "rule of seventy-eighths", that is it shall
represent at least as great a portion of the original service charge,
as the sum of the periodic time balances not yet due bears to the sum
of all the periodic time balances under the schedule of payments in the
contract: PROVIDED, That where the earned service charge (total
service charge minus refund credit) thus computed is less than the
following minimum service charge: Fifteen dollars where the principal
balance is not in excess of two hundred and fifty dollars, twenty-five
dollars where the principal balance exceeds two hundred and fifty
dollars but is not in excess of five hundred dollars, thirty-seven
dollars and fifty cents where the principal balance exceeds five
hundred dollars but is not in excess of one thousand dollars, and fifty
dollars where the principal balance exceeds one thousand dollars; then
such minimum service charge shall be deemed to be the earned service
charge: AND PROVIDED FURTHER, That where the amount of such refund
credit is less than one dollar, no refund credit need be made.
Sec. 170 RCW 63.14.110 and 1999 c 113 s 3 are each amended to
read as follows:
(1) If, in a retail installment transaction, a retail buyer makes
any subsequent purchases of goods or services from a retail seller from
whom he or she has previously purchased goods or services under one or
more retail installment contracts, and the amounts under such previous
contract or contracts have not been fully paid, the subsequent
purchases may, at the seller's option, be included in and consolidated
with one or more of the previous contracts. All the provisions of this
chapter with respect to retail installment contracts shall be
applicable to such subsequent purchases except as hereinafter stated in
this subsection. In the event of such consolidation, in lieu of the
buyer's executing a retail installment contract respecting each
subsequent purchase, as provided in this section, it shall be
sufficient if the seller shall prepare a written memorandum of each
such subsequent purchase, in which case the provisions of RCW
63.14.020, 63.14.030, and 63.14.040 shall not be applicable. Unless
previously furnished in writing to the buyer by the seller, by sales
slip, memoranda, or otherwise, such memorandum shall set forth with
respect to each subsequent purchase items (a) to (h) inclusive of RCW
63.14.040(1), and in addition, if the service charge is stated as a
dollar amount, the amount of the time balance owed by the buyer to the
seller for the subsequent purchase, the outstanding balance of the
previous contract or contracts, the consolidated time balance, and the
revised installments applicable to the consolidated time balance, if
any, in accordance with RCW 63.14.040. If the service charge is not
stated in a dollar amount, in addition to the items (a) to (h)
inclusive of RCW 63.14.040(1), the memorandum shall set forth the
outstanding balance of the previous contract or contracts, the
consolidated outstanding balance, and the revised installments
applicable to the consolidated outstanding balance, in accordance with
RCW 63.14.040.
The seller shall deliver to the buyer a copy of such memorandum
prior to the due date of the first installment of such consolidated
contract.
(2) When such subsequent purchases are made, if the seller has
retained title or taken a lien or other security interest in any of the
goods purchased under any one of the contracts included in the
consolidation:
(a) The entire amount of all payments made prior to such subsequent
purchases shall be deemed to have been applied on the previous
purchases;
(b) The amount of any down payment on the subsequent purchase shall
be allocated in its entirety to such subsequent purchase;
(c) Each payment received after the subsequent purchase shall be
deemed to be allocated to all of the various time balances in the same
proportion or ratio as the original cash sale prices of the various
retail installment transactions bear to one another: PROVIDED, That
the seller may elect, where the amount of each installment payment is
increased in connection with the subsequent purchase, to allocate only
the increased amount to the time balance of the subsequent retail
installment transaction, and to allocate the amount of each installment
payment prior to the increase to the time balance(s) existing at the
time of the subsequent purchase.
The provisions of this subsection shall not apply to cases where
such previous and subsequent purchases involve equipment, parts, or
other goods attached or affixed to goods previously purchased and not
fully paid, or to services in connection therewith rendered by the
seller at the buyer's request.
Sec. 171 RCW 63.14.140 and 1984 c 280 s 6 are each amended to
read as follows:
If the cost of any insurance is included in the retail installment
contract, retail charge agreement, or lender credit card agreement:
(1) The contract or agreement shall state the nature, purpose,
term, and amount of such insurance, and in connection with the sale of
a motor vehicle, the contract shall state that the insurance coverage
ordered under the terms of this contract does not include "bodily
injury liability," "public liability," and "property damage liability"
coverage, where such coverage is in fact not included;
(2) The contract or agreement shall state whether the insurance is
to be procured by the buyer or the seller;
(3) The amount, included for such insurance, shall not exceed the
premiums chargeable in accordance with the rate fixed for such
insurance by the insurer, except where the amount is less than one
dollar;
(4) If the insurance is to be procured by the seller or holder, he
or she shall, within forty-five days after delivery of the goods or
furnishing of the services under the contract, deliver, mail, or cause
to be mailed to the buyer, at his or her address as specified in the
contract, a notice thereof or a copy of the policy or policies of
insurance or a certificate or certificates of the insurance so
procured.
Sec. 172 RCW 63.14.150 and 1984 c 280 s 7 are each amended to
read as follows:
No provision of a retail installment contract, retail charge
agreement, or lender credit card agreement is valid by which the buyer
agrees not to assert against the seller or against an assignee a claim
or defense arising out of the sale, or by which the buyer agrees to
submit to suit in a county other than the county where the buyer signed
the contract or where the buyer resides or has his or her principal
place of business.
Sec. 173 RCW 63.14.152 and 1967 c 234 s 11 are each amended to
read as follows:
The seller, holder, or buyer may bring an action for declaratory
judgment to establish whether service charges contracted for or
received in connection with a retail installment transaction are in
excess of those allowed by chapter 234, Laws of 1967. Such an action
shall be brought against the current holder or against the buyer or his
or her successor in interest or, if the entire principal balance has
been fully paid, by the buyer or his or her successor in interest
against the holder to whom the final payment was made. No such action
shall be commenced after six months following the date the final
payment becomes due, whether by acceleration or otherwise, nor after
six months following the date the principal balance is fully paid,
whichever first occurs. If the buyer commences such an action and
fails to establish that the service charge is in excess of that allowed
by RCW 63.14.130, and if the court finds the action was frivolously
commenced, the defendant or defendants may, in the court's discretion,
recover reasonable attorneys' fees and costs from the buyer.
Sec. 174 RCW 63.14.154 and 1989 c 20 s 18 and 1989 c 14 s 8 are
each reenacted and amended to read as follows:
(1) In addition to any other rights he or she may have, the buyer
shall have the right to cancel a retail installment transaction for
other than the seller's breach by sending notice of such cancellation
to the seller at his or her place of business as set forth in the
contract or charge agreement by certified mail, return receipt
requested, which shall be posted not later than midnight of the third
day (excluding Sundays and holidays) following the date the buyer signs
the contract or charge agreement:
(a) If the retail installment transaction was entered into by the
buyer and solicited in person or by a commercial telephone solicitation
as defined by chapter 20, Laws of 1989 by the seller or his or her
representative at a place other than the seller's address, which may be
his or her main or branch office, shown on the contract; and
(b) If the buyer returns goods received or makes them available to
the seller as provided in ((clause (b) of)) subsection (2)(b) of this
section.
(2) In the event of cancellation pursuant to this section:
(a) The seller shall, without request, refund to the buyer within
ten days after such cancellation all deposits, including any down
payment, made under the contract or charge agreement and shall return
all goods traded in to the seller on account or in contemplation of the
contract less any reasonable costs actually incurred in making ready
for sale the goods so traded in;
(b) The seller shall be entitled to reclaim and the buyer shall
return or make available to the seller at the place of delivery in its
original condition any goods received by the buyer under the contract
or charge agreement;
(c) The buyer shall incur no additional liability for such
cancellation.
Sec. 175 RCW 63.14.158 and 1967 c 234 s 14 are each amended to
read as follows:
The holder of a retail installment contract or contracts may, upon
agreement in writing with the buyer, refinance the payment of the
unpaid time balance or balances of the contract or contracts by
providing for a new schedule of installment payments.
The holder may charge and contract for the payment of a refinance
charge by the buyer and collect and receive the same but such refinance
charge (1) shall be based upon the amount refinanced, plus any
additional cost of insurance and of official fees incident to such
refinancing, after the deduction of a refund credit in an amount equal
to that to which the buyer would have been entitled under RCW 63.14.080
if he or she had prepaid in full his or her obligations under the
contract or contracts, but in computing such refund credit there shall
not be allowed the minimum earned service charge as authorized by
((clause (d) of)) subsection (1)(d) of such section, and (2) may not
exceed the rate of service charge provided under RCW 63.14.130. Such
agreement for refinancing may also provide for the payment by the buyer
of the additional cost to the holder of the contract or contracts of
premiums for continuing in force, until the maturity of the contract or
contracts as refinanced, any insurance coverages provided for therein,
subject to the provisions of RCW 63.14.140.
The refinancing agreement shall set forth the amount of the unpaid
time balance or balances to be refinanced, the amount of any refund
credit, the amount to be refinanced after the deduction of the refund
credit, the amount or rate of the service charge under the refinancing
agreement, any additional cost of insurance and of official fees to the
buyer, the new unpaid time balance, if the service charge is stated as
a dollar amount, and the new schedule of installment payments. Where
there is a consolidation of two or more contracts, then the provisions
of RCW 63.14.110 shall apply.
Sec. 176 RCW 63.14.200 and 1963 c 236 s 20 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. 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 in RCW 63.14.190 and for the purpose of RCW
63.14.180 hereof: 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. 177 RCW 63.29.010 and 2005 c 285 s 1 are each amended to
read as follows:
As used in this chapter, unless the context otherwise requires:
(1) "Department" means the department of revenue established under
RCW 82.01.050.
(2) "Apparent owner" means the person whose name appears on the
records of the holder as the person entitled to property held, issued,
or owing by the holder.
(3) "Attorney general" means the chief legal officer of this state
referred to in chapter 43.10 RCW.
(4) "Banking organization" means a bank, trust company, savings
bank, land bank, safe deposit company, private banker, or any
organization defined by other law as a bank or banking organization.
(5) "Business association" means a nonpublic corporation, joint
stock company, investment company, business trust, partnership, or
association for business purposes of two or more individuals, whether
or not for profit, including a banking organization, financial
organization, insurance company, or utility.
(6) "Domicile" means the state of incorporation of a corporation
and the state of the principal place of business of an unincorporated
person.
(7) "Fare card" means any pass or instrument, and value contained
therein, purchased to utilize public transportation facilities or
services. "Fare card" does not include "gift card" or "gift
certificate" as those terms are defined in RCW 19.240.010.
(8) "Financial organization" means a savings and loan association,
cooperative bank, building and loan association, or credit union.
(9) "Gift certificate" has the same meaning as in RCW 19.240.010.
(10) "Holder" means a person, wherever organized or domiciled, who
is:
(a) In possession of property belonging to another,
(b) A trustee, or
(c) Indebted to another on an obligation.
(11) "Insurance company" means an association, corporation,
fraternal or mutual benefit organization, whether or not for profit,
which is engaged in providing insurance coverage, including accident,
burial, casualty, credit life, contract performance, dental, fidelity,
fire, health, hospitalization, illness, life (including endowments and
annuities), malpractice, marine, mortgage, surety, and wage protection
insurance.
(12) "Intangible property" does not include contract claims which
are unliquidated but does include:
(a) Moneys, checks, drafts, deposits, interest, dividends, and
income;
(b) Credit balances, customer overpayments, gift certificates,
security deposits, refunds, credit memos, unpaid wages, unused airline
tickets, and unidentified remittances, but does not include discounts
which represent credit balances for which no consideration was given;
(c) Stocks, and other intangible ownership interests in business
associations;
(d) Moneys deposited to redeem stocks, bonds, coupons, and other
securities, or to make distributions;
(e) Liquidated amounts due and payable under the terms of insurance
policies; and
(f) Amounts distributable from a trust or custodial fund
established under a plan to provide health, welfare, pension, vacation,
severance, retirement, death, stock purchase, profit sharing, employee
savings, supplemental unemployment insurance, or similar benefits.
(13) "Last known address" means a description of the location of
the apparent owner sufficient for the purpose of the delivery of mail.
(14) "Owner" means a depositor in the case of a deposit, a
beneficiary in case of a trust other than a deposit in trust, a
creditor, claimant, or payee in the case of other intangible property,
or a person having a legal or equitable interest in property subject to
this chapter or his or her legal representative.
(15) "Person" means an individual, business association, state or
other government, governmental subdivision or agency, public
corporation, public authority, estate, trust, two or more persons
having a joint or common interest, or any other legal or commercial
entity.
(16) "State" means any state, district, commonwealth, territory,
insular possession, or any other area subject to the legislative
authority of the United States.
(17) "Third party bank check" means any instrument drawn against a
customer's account with a banking organization or financial
organization on which the banking organization or financial
organization is only secondarily liable.
(18) "Utility" means a person who owns or operates for public use
any plant, equipment, property, franchise, or license for the
transmission of communications or the production, storage,
transmission, sale, delivery, or furnishing of electricity, water,
steam, or gas.
Sec. 178 RCW 63.29.070 and 2003 1st sp.s. c 13 s 4 are each
amended to read as follows:
(1) Funds held or owing under any life or endowment insurance
policy or annuity contract that has matured or terminated are presumed
abandoned if unclaimed for more than three years after the funds became
due and payable as established from the records of the insurance
company holding or owing the funds, but property described in
subsection (3)(b) of this section is presumed abandoned if unclaimed
for more than two years.
(2) If a person other than the insured or annuitant is entitled to
the funds and an address of the person is not known to the company or
it is not definite and certain from the records of the company who is
entitled to the funds, it is presumed that the last known address of
the person entitled to the funds is the same as the last known address
of the insured or annuitant according to the records of the company.
(3) For purposes of this chapter, a life or endowment insurance
policy or annuity contract not matured by actual proof of the death of
the insured or annuitant according to the records of the company is
matured and the proceeds due and payable if:
(a) The company knows that the insured or annuitant has died; or
(b)(i) The insured has attained, or would have attained if he or
she were living, the limiting age under the mortality table on which
the reserve is based;
(ii) The policy was in force at the time the insured attained, or
would have attained, the limiting age specified in ((subparagraph))
(b)(i) of this subsection; and
(iii) Neither the insured nor any other person appearing to have an
interest in the policy within the preceding two years, according to the
records of the company, has assigned, readjusted, or paid premiums on
the policy, subjected the policy to a loan, corresponded in writing
with the company concerning the policy, or otherwise indicated an
interest as evidenced by a memorandum or other record on file prepared
by an employee of the company.
(4) For purposes of this chapter, the application of an automatic
premium loan provision or other nonforfeiture provision contained in an
insurance policy does not prevent a policy from being matured or
terminated under subsection (1) of this section if the insured has died
or the insured or the beneficiaries of the policy otherwise have become
entitled to the proceeds thereof before the depletion of the cash
surrender value of a policy by the application of those provisions.
(5) If the laws of this state or the terms of the life insurance
policy require the company to give notice to the insured or owner that
an automatic premium loan provision or other nonforfeiture provision
has been exercised and the notice, given to an insured or owner whose
last known address according to the records of the company is in this
state, is undeliverable, the company shall make a reasonable search to
ascertain the policyholder's correct address to which the notice must
be mailed.
(6) Notwithstanding any other provision of law, if the company
learns of the death of the insured or annuitant and the beneficiary has
not communicated with the insurer within four months after the death,
the company shall take reasonable steps to pay the proceeds to the
beneficiary.
(7) Commencing two years after June 30, 1983, every change of
beneficiary form issued by an insurance company under any life or
endowment insurance policy or annuity contract to an insured or owner
who is a resident of this state must request the following information:
(a) The name of each beneficiary, or if a class of beneficiaries is
named, the name of each current beneficiary in the class;
(b) The address of each beneficiary; and
(c) The relationship of each beneficiary to the insured.
Sec. 179 RCW 63.29.120 and 2003 1st sp.s. c 13 s 6 are each
amended to read as follows:
(1) Intangible property and any income or increment derived
therefrom held in a fiduciary capacity for the benefit of another
person is presumed abandoned unless the owner, within three years after
it has become payable or distributable, has increased or decreased the
principal, accepted payment of principal or income, communicated
concerning the property, or otherwise indicated an interest as
evidenced by a memorandum or other record on file prepared by the
fiduciary.
(2) Funds in an individual retirement account or a retirement plan
for self-employed individuals or similar account or plan established
pursuant to the internal revenue laws of the United States are not
payable or distributable within the meaning of subsection (1) of this
section unless, under the terms of the account or plan, distribution of
all or part of the funds would then be mandatory.
(3) For the purpose of this section, a person who holds property as
an agent for a business association is deemed to hold the property in
a fiduciary capacity for that business association alone, unless the
agreement between him or her and the business association provides
otherwise.
(4) For the purposes of this chapter, a person who is deemed to
hold property in a fiduciary capacity for a business association alone
is the holder of the property only insofar as the interest of the
business association in the property is concerned, and the business
association is the holder of the property insofar as the interest of
any other person in the property is concerned.
Sec. 180 RCW 63.29.200 and 1983 c 179 s 20 are each amended to
read as follows:
(1) Upon the payment or delivery of property to the department, the
state assumes custody and responsibility for the safekeeping of the
property. A person who pays or delivers property to the department in
good faith is relieved of all liability to the extent of the value of
the property paid or delivered for any claim then existing or which
thereafter may arise or be made in respect to the property.
(2) A holder who has paid money to the department pursuant to this
chapter may make payment to any person appearing to the holder to be
entitled to payment and, upon filing proof of payment and proof that
the payee was entitled thereto, the department shall promptly reimburse
the holder for the payment without imposing any fee or other charge.
If reimbursement is sought for a payment made on an instrument,
including a travelers check or money order, the holder must be
reimbursed under this subsection upon filing proof that the instrument
was duly presented and that payment was made to a person who appeared
to the holder to be entitled to payment. The holder must be reimbursed
for payment made under this subsection even if the payment was made to
a person whose claim was barred under RCW 63.29.290(1).
(3) A holder who has delivered property (including a certificate of
any interest in a business association) other than money to the
department pursuant to this chapter may reclaim the property if still
in the possession of the department, without paying any fee or other
charge, upon filing proof that the owner has claimed the property from
the holder.
(4) The department may accept the holder's affidavit as sufficient
proof of the facts that entitle the holder to recover money and
property under this section.
(5) If the holder pays or delivers property to the department in
good faith and thereafter another person claims the property from the
holder or another state claims the money or property under its laws
relating to escheat or abandoned or unclaimed property, the department,
upon written notice of the claim, shall defend the holder against the
claim and indemnify the holder against any liability on the claim.
(6) For the purposes of this section, "good faith" means that:
(a) Payment or delivery was made in a reasonable attempt to comply
with this chapter;
(b) The person delivering the property was not a fiduciary then in
breach of trust in respect to the property and had a reasonable basis
for believing, based on the facts then known to him or her, that the
property was abandoned for the purposes of this chapter; and
(c) There is no showing that the records pursuant to which the
delivery was made did not meet reasonable commercial standards of
practice in the industry.
(7) Property removed from a safe deposit box or other safekeeping
repository is received by the department subject to the holder's right
under this subsection to be reimbursed for the actual cost of the
opening and to any valid lien or contract providing for the holder to
be reimbursed for unpaid rent or storage charges. The department shall
reimburse or pay the holder out of the proceeds remaining after
deducting the department's selling cost. The liability of the
department for this reimbursement to the holder shall be limited to the
proceeds of the sale of the property remaining after the deduction of
the department's costs.
Sec. 181 RCW 63.29.350 and 2010 c 29 s 2 are each amended to read
as follows:
(1) It is unlawful for any person to seek or receive from any
person or contract with any person for any fee or compensation for
locating or purporting to locate any property which he or she knows has
been reported or paid or delivered to the department of revenue
pursuant to this chapter, or funds held by a county that are proceeds
from a foreclosure for delinquent property taxes, assessments, or other
liens, or, funds that are otherwise held by a county because of a
person's failure to claim funds held as reimbursement for unowed taxes,
fees, or other government charges, in excess of five percent of the
value thereof returned to such owner. Any person violating this
section is guilty of a misdemeanor and shall be fined not less than the
amount of the fee or charge he or she has sought or received or
contracted for, and not more than ten times such amount, or imprisoned
for not more than thirty days, or both.
(2) The legislature finds that the practices covered by this
section are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter 19.86 RCW.
Any violation of this section is not reasonable in relation to the
development and preservation of business. It is an unfair or deceptive
act in trade or commerce and an unfair method of competition for the
purpose of applying the consumer protection act, chapter 19.86 RCW.
Remedies provided by chapter 19.86 RCW are cumulative and not
exclusive.
Sec. 182 RCW 63.32.040 and 1939 c 148 s 3 are each amended to
read as follows:
If the owner of said personal property so sold, or his or her legal
representative, shall, at any time within three years after such money
shall have been deposited in said police pension fund or the city
current expense fund, furnish satisfactory evidence to the police
pension fund board or the city treasurer of said city of the ownership
of said personal property, he or ((they)) she shall be entitled to
receive from said police pension fund or city current expense fund the
amount so deposited therein with interest.
Sec. 183 RCW 63.40.020 and 1988 c 132 s 4 are each amended to
read as follows:
Before said personal property shall be sold, a notice of such sale
fixing the time and place thereof which shall be at a suitable place,
which will be noted in the advertisement for sale, and containing a
description of the property to be sold shall be published at least once
in an official newspaper in said county at least ten days prior to the
date fixed for said sale. The notice shall be signed by the sheriff or
his or her deputy. If the owner fails to reclaim said property prior
to the time fixed for the sale in such notice, the sheriff or his or
her deputy shall conduct said sale and sell the property described in
the notice at public auction to the highest and best bidder for cash,
and upon payment of the amount of such bid shall deliver the said
property to such bidder.
Sec. 184 RCW 63.40.040 and 1961 c 104 s 4 are each amended to
read as follows:
If the owner of said personal property so sold, or his or her legal
representative, shall, at any time within three years after such money
shall have been deposited in the county current expense fund, furnish
satisfactory evidence to the county treasurer of said county of the
ownership of said personal property, he or ((they)) she shall be
entitled to receive from said county current expense fund the amount so
deposited therein.
Sec. 185 RCW 63.48.020 and 1971 ex.s. c 68 s 2 are each amended
to read as follows:
The director of revenue shall request from the bureau of accounts
of the United States treasury department records providing the
following information: The names of depositors at the post offices of
this state whose accounts are unclaimed, their last addresses as shown
by the records of the post office department, and the balance in each
account. He or she shall agree to return to the bureau of accounts
promptly all account cards showing last addresses in another state.
Sec. 186 RCW 64.04.030 and 1929 c 33 s 9 are each amended to read
as follows:
Warranty deeds for the conveyance of land may be substantially in
the following form, without express covenants:
The grantor (here insert the name or names and place or residence)
for and in consideration of (here insert consideration) in hand paid,
conveys and warrants to (here insert the grantee's name or names) the
following described real estate (here insert description), situated in
the county of . . . . . ., state of Washington. Dated this . . . . day
of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise duly
executed, shall be deemed and held a conveyance in fee simple to the
grantee, his or her heirs and assigns, with covenants on the part of
the grantor: (1) That at the time of the making and delivery of such
deed he or she was lawfully seized of an indefeasible estate in fee
simple, in and to the premises therein described, and had good right
and full power to convey the same; (2) that the same were then free
from all encumbrances; and (3) that he or she warrants to the grantee,
his or her heirs and assigns, the quiet and peaceable possession of
such premises, and will defend the title thereto against all persons
who may lawfully claim the same, and such covenants shall be obligatory
upon any grantor, his or her heirs and personal representatives, as
fully and with like effect as if written at full length in such deed.
Sec. 187 RCW 64.04.040 and 1929 c 33 s 10 are each amended to
read as follows:
Bargain and sale deeds for the conveyance of land may be
substantially in the following form, without express covenants:
The grantor (here insert name or names and place of residence), for
and in consideration of (here insert consideration) in hand paid,
bargains, sells, and conveys to (here insert the grantee's name or
names) the following described real estate (here insert description)
situated in the county of . . . . . ., state of Washington. Dated this
. . . . day of . . . . . ., 19. . .
Every deed in substance in the above form when otherwise duly executed,
shall convey to the grantee, his or her heirs or assigns an estate of
inheritance in fee simple, and shall be adjudged an express covenant to
the grantee, his or her heirs or assigns, to wit: That the grantor was
seized of an indefeasible estate in fee simple, free from encumbrances,
done or suffered from the grantor, except the rents and services that
may be reserved, and also for quiet enjoyment against the grantor, his
or her heirs and assigns, unless limited by express words contained in
such deed; and the grantee, his or her heirs, executors,
administrators, and assigns may recover in any action for breaches as
if such covenants were expressly inserted.
Sec. 188 RCW 64.04.050 and 1929 c 33 s 11 are each amended to
read as follows:
Quitclaim deeds may be in substance in the following form:
The grantor (here insert the name or names and place of residence),
for and in consideration of (here insert consideration) conveys and
quitclaims to (here insert grantee's name or names) all interest in the
following described real estate (here insert description), situated in
the county of . . . . . ., state of Washington. Dated this . . . . day
of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise duly
executed, shall be deemed and held a good and sufficient conveyance,
release and quitclaim to the grantee, his or her heirs and assigns in
fee of all the then existing legal and equitable rights of the grantor
in the premises therein described, but shall not extend to the after
acquired title unless words are added expressing such intention.
Sec. 189 RCW 64.04.070 and 1871 p 195 s 1 are each amended to
read as follows:
Whenever any person or persons having sold and conveyed by deed any
lands in this state, and who, at the time of such conveyance, had no
title to such land, and any person or persons who may hereafter sell
and convey by deed any lands in this state, and who shall not at the
time of such sale and conveyance have the title to such land, shall
acquire a title to such lands so sold and conveyed, such title shall
inure to the benefit of the purchasers or conveyee or conveyees of such
lands to whom such deed was executed and delivered, and to his or her
and their heirs and assigns forever. And the title to such land so
sold and conveyed shall pass to and vest in the conveyee or conveyees
of such lands and to his or her or their heirs and assigns, and shall
thereafter run with such land.
Sec. 190 RCW 64.08.020 and 1929 c 33 s 4 are each amended to read
as follows:
Acknowledgments of deeds conveying or encumbering real estate
situated in this state, or any interest therein, and other instruments
in writing, required to be acknowledged, may be taken in any other
state or territory of the United States, the District of Columbia, or
in any possession of the United States, before any person authorized to
take the acknowledgments of deeds by the laws of the state, territory,
district, or possession wherein the acknowledgment is taken, or before
any commissioner appointed by the governor of this state, for that
purpose, but unless such acknowledgment is taken before a commissioner
so appointed by the governor, or before the clerk of a court of record
of such state, territory, district, or possession, or before a notary
public or other officer having a seal of office, the instrument shall
have attached thereto a certificate of the clerk of a court of record
of the county, parish, or other political subdivision of such state,
territory, district, or possession wherein the acknowledgment was
taken, under the seal of said court, certifying that the person who
took the acknowledgment, and whose name is subscribed to the
certificate thereof, was at the date thereof such officer as he or she
represented himself or herself to be, authorized by law to take
acknowledgments of deeds, and that the clerk verily believes the
signature of the person subscribed to the certificate of acknowledgment
to be genuine.
Sec. 191 RCW 64.08.070 and 1988 c 69 s 3 are each amended to read
as follows:
A certificate of acknowledgment for a corporation, substantially in
the following form or, after December 31, 1985, substantially in the
form set forth in RCW 42.44.100(2), shall be sufficient for the
purposes of this chapter and for any acknowledgment required to be
taken in accordance with this chapter:
Sec. 192 RCW 64.08.090 and 1972 ex.s. c 58 s 1 are each amended
to read as follows:
The superintendents, associate and assistant superintendents,
business managers, records officers, and camp superintendents of any
correctional institution or facility operated by the state of
Washington are hereby authorized and empowered to take acknowledgments
on any instruments of writing, and certify the same in the manner
required by law, and to administer all oaths required by law to be
administered, all of the foregoing acts to have the same effect as if
performed by a notary public: PROVIDED, That such authority shall only
extend to taking acknowledgments for and administering oaths to
officers, employees, and residents of such institutions and facilities.
None of the individuals herein empowered to take acknowledgments and
administer oaths shall demand or accept any fee or compensation
whatsoever for administering or taking any oath, affirmation, or
acknowledgment under the authority conferred by this section.
In certifying any oath or in signing any instrument officially, an
individual empowered to do so under this section shall, in addition to
his or her name, state in writing his or her place of residence, the
date of his or her action, and affix the seal of the institution where
he or she is employed: PROVIDED, That in certifying any oath to be
used in any of the courts of this state, it shall not be necessary to
append an impression of the official seal of the institution.
Sec. 193 RCW 64.12.040 and Code 1881 s 603 are each amended to
read as follows:
If upon trial of such action it shall appear that the trespass was
casual or involuntary, or that the defendant had probable cause to
believe that the land on which such trespass was committed was his or
her own, or that of the person in whose service or by whose direction
the act was done, or that such tree or timber was taken from uninclosed
woodlands, for the purpose of repairing any public highway or bridge
upon the land or adjoining it, judgment shall only be given for single
damages.
Sec. 194 RCW 64.12.050 and Code 1881 s 604 are each amended to
read as follows:
When any two or more persons are opposing claimants under the laws
of the United States to any land in this state, and one is threatening
to commit upon such land waste which tends materially to lessen the
value of the inheritance and which cannot be compensated by damages and
there is imminent danger that unless restrained such waste will be
committed, the party, on filing his or her complaint and satisfying the
court or judge of the existence of the facts, may have an injunction to
restrain the adverse party. In all cases he or she shall give notice
and bond as is provided in other cases where injunction is granted, and
the injunction when granted shall be set aside or modified as is
provided generally for injunction and restraining orders.
Sec. 195 RCW 64.16.005 and 1967 c 163 s 2 are each amended to
read as follows:
Any alien may acquire and hold lands, or any right thereto, or
interest therein, by purchase, devise, or descent; and he or she may
convey, mortgage, and devise the same, and if he or she shall die
intestate, the same shall descend to his or her heirs, and in all cases
such lands shall be held, conveyed, mortgaged, or devised, or shall
descend in like manner and with like effect as if such alien were a
native citizen of this state or of the United States.
Sec. 196 RCW 64.20.030 and 1899 c 96 s 1 are each amended to read
as follows:
Any Indian who owns within this state any land or real estate
allotted to him or her by the government of the United States may with
the consent of congress, either special or general, sell and convey by
deed made, executed, and acknowledged before any officer authorized to
take acknowledgments to deeds within this state, any stone, mineral,
petroleum, or timber contained on said land or the fee thereof and such
conveyance shall have the same effect as a deed of any other person or
persons within this state; it being the intention of this section to
remove from Indians residing in this state all existing disabilities
relating to alienation of their real estate.
Sec. 197 RCW 64.32.040 and 1963 c 156 s 4 are each amended to
read as follows:
Each apartment owner shall be entitled to the exclusive ownership
and possession of his or her apartment but any apartment may be jointly
or commonly owned by more than one person. Each apartment owner shall
have the common right to a share, with other apartment owners, in the
common areas and facilities.
Sec. 198 RCW 64.32.060 and 1963 c 156 s 6 are each amended to
read as follows:
Each apartment owner shall comply strictly with the bylaws and with
the administrative rules and regulations adopted pursuant thereto, as
either may be lawfully amended from time to time, and with the
covenants, conditions, and restrictions set forth in the declaration or
in the deed to his or her apartment. Failure to comply with any of the
foregoing shall be ground for an action to recover sums due, for
damages or injunctive relief, or both, maintainable by the manager or
board of directors on behalf of the association of apartment owners or
by a particularly aggrieved apartment owner.
Sec. 199 RCW 64.32.070 and 1963 c 156 s 7 are each amended to
read as follows:
(1) Subsequent to recording the declaration as provided in this
chapter, and while the property remains subject to this chapter, no
lien shall thereafter arise or be effective against the property.
During such period, liens or encumbrances shall arise or be created
only against each apartment and the percentage of undivided interest in
the common areas and facilities and appurtenant to such apartment in
the same manner and under the same conditions in every respect as liens
or encumbrances may arise or be created upon or against any other
separate parcel of real property subject to individual ownership:
PROVIDED, That no labor performed or materials furnished with the
consent of or at the request of the owner of any apartment, or such
owner's agent, contractor, or subcontractor, shall be the basis for the
filing of a lien against any other apartment or any other property of
any other apartment owner not expressly consenting to or requesting the
same, except that such express consent shall be deemed to be given by
any apartment owner in the case of emergency repairs. Labor performed
or materials furnished for the common areas and facilities, if
authorized by the association of apartment owners, the manager or board
of directors shall be deemed to be performed or furnished with the
express consent of each apartment owner and shall be the basis for the
filing of a lien against each of the apartments and shall be subject to
the provisions of subsection (2) of this section.
(2) In the event a lien against two or more apartments becomes
effective, the apartment owners of the separate apartments may remove
their apartment and the percentage of undivided interest in the common
areas and facilities appurtenant to such apartment from the lien by
payment of the fractional or proportional amounts attributable to each
of the apartments affected. Such individual payments shall be computed
by reference to the percentages appearing on the declaration.
Subsequent to any such payment, discharge, or satisfaction, the
apartment and the percentage of undivided interest in the common areas
and facilities appurtenant thereto shall thereafter be free and clear
of the liens so paid, satisfied, or discharged. Such partial payment,
satisfaction, or discharge shall not prevent the lienor from proceeding
to enforce his or her rights against any apartment and the percentage
of undivided interest in the common areas and facilities appurtenant
thereto not so paid, satisfied, or discharged.
Sec. 200 RCW 64.32.180 and 1963 c 156 s 18 are each amended to
read as follows:
No apartment owner may exempt himself or herself from liability for
his or her contribution towards the common expenses by waiver of the
use or enjoyment of any of the common areas and facilities or by
abandonment of his or her apartment.
Sec. 201 RCW 64.32.200 and 1988 c 192 s 2 are each amended to
read as follows:
(1) The declaration may provide for the collection of all sums
assessed by the association of apartment owners for the share of the
common expenses chargeable to any apartment and the collection may be
enforced in any manner provided in the declaration including, but not
limited to, (a) ten days notice shall be given the delinquent apartment
owner to the effect that unless such assessment is paid within ten days
any or all utility services will be forthwith severed and shall remain
severed until such assessment is paid, or (b) collection of such
assessment may be made by such lawful method of enforcement, judicial
or extra-judicial, as may be provided in the declaration and/or bylaws.
(2) All sums assessed by the association of apartment owners but
unpaid for the share of the common expenses chargeable to any apartment
shall constitute a lien on such apartment prior to all other liens
except only (a) tax liens on the apartment in favor of any assessing
unit and/or special district, and (b) all sums unpaid on all mortgages
of record. Such lien is not subject to the ban against execution or
forced sales of homesteads under RCW 6.13.080 and may be foreclosed by
suit by the manager or board of directors, acting on behalf of the
apartment owners, in like manner as a mortgage of real property. In
any such foreclosure the apartment owner shall be required to pay a
reasonable rental for the apartment, if so provided in the bylaws, and
the plaintiff in such foreclosures shall be entitled to the appointment
of a receiver to collect the same. The manager or board of directors,
acting on behalf of the apartment owners, shall have power, unless
prohibited by the declaration, to bid on the apartment at foreclosure
sale, and to acquire and hold, lease, mortgage, and convey the same.
Upon an express waiver in the complaint of any right to a deficiency
judgment, the period of redemption shall be eight months after the
sale. Suit to recover any judgment for any unpaid common expenses
shall be maintainable without foreclosing or waiving the liens securing
the same.
(3) Where the mortgagee of a mortgage of record or other purchaser
of an apartment obtains possession of the apartment as a result of
foreclosure of the mortgage, such possessor, his or her successors and
assigns shall not be liable for the share of the common expenses or
assessments by the association of apartment owners chargeable to such
apartment which became due prior to such possession. Such unpaid share
of common expenses of assessments shall be deemed to be common expenses
collectible from all of the apartment owners including such possessor,
his or her successors and assigns.
Sec. 202 RCW 64.32.210 and 1963 c 156 s 21 are each amended to
read as follows:
In a voluntary conveyance the grantee of an apartment shall be
jointly and severally liable with the grantor for all unpaid
assessments against the latter for his or her share of the common
expenses up to the time of the grantor's conveyance, without prejudice
to the grantee's right to recover from the grantor the amounts paid by
the grantee therefor. Any such grantee shall be entitled to a
statement from the manager or board of directors, as the case may be,
setting forth the amount of the unpaid assessments against the grantor
and such grantee shall not be liable for, nor shall the apartment
conveyed be subject to a lien for, any unpaid assessments against the
grantor in excess of the amount therein set forth.
Sec. 203 RCW 64.32.220 and 1963 c 156 s 22 are each amended to
read as follows:
The manager or board of directors, if required by the declaration,
bylaws, or by a majority of the apartment owners, or at the request of
a mortgagee having a mortgage of record covering an apartment, shall
obtain insurance for the property against loss or damage by fire and
such other hazards under such terms and for such amounts as shall be
required or requested. Such insurance coverage shall be written on the
property in the name of the manager or of the board of directors of the
association of apartment owners, as trustee for each of the apartment
owners in the percentages established in the declaration. Premiums
shall be common expenses. Provision for such insurance shall be
without prejudice to the right of each apartment owner to insure his or
her own apartment and/or the personal contents thereof for his or her
benefit.
Sec. 204 RCW 64.32.240 and 1963 c 156 s 24 are each amended to
read as follows:
Without limiting the rights of any apartment owner, actions may be
brought as provided by law and by the rules of court by the manager or
board of directors, in either case in the discretion of the board of
directors, on behalf of two or more of the apartment owners, as their
respective interests may appear, with respect to any cause of action
relating to the common areas and facilities or more than one apartment.
Service of process on two or more apartment owners in any action
relating to the common areas and facilities or more than one apartment
may be made on the person designated in the declaration to receive
service of process. Actions relating to the common areas and
facilities for damages arising out of tortious conduct shall be
maintained only against the association of apartment owners and any
judgment lien or other charge resulting therefrom shall be deemed a
common expense, which judgment lien or other charge shall be removed
from any apartment and its percentage of undivided interest in the
common areas and facilities upon payment by the respective owner of his
or her proportionate share thereof based on the percentage of undivided
interest owned by such apartment owner.
Sec. 205 RCW 65.04.070 and Code 1881 s 2730 are each amended to
read as follows:
The auditor must file and record with the record of deeds, grants,
and transfers certified copies of final judgments or decrees
partitioning or affecting the title or possession of real property, any
part of which is situated in the county of which he or she is recorder.
Every such certified copy or partition, from the time of filing the
same with the auditor for record, imparts notice to all persons of the
contents thereof, and subsequent purchasers, mortgagees, and lien
holders purchase and take with like notice and effect as if such copy
or decree was a duly recorded deed, grant, or transfer.
Sec. 206 RCW 65.04.130 and Code 1881 s 2735 are each amended to
read as follows:
Said county auditor is not bound to record any instrument, or file
any paper or notice, or furnish any copies, or to render any service
connected with his or her office, until his or her fees for the same,
as prescribed by law, are if demanded paid or tendered.
Sec. 207 RCW 65.04.140 and 1886 p 163 s 1 are each amended to
read as follows:
The county auditor in his or her capacity of recorder of deeds is
sole custodian of all books in which are recorded deeds, mortgages,
judgments, liens, incumbrances, and other instruments of writing,
indexes thereto, maps, charts, town plats, survey and other books and
papers constituting the records and files in said office of recorder of
deeds, and all such records and files are, and shall be, matters of
public information, free of charge to any and all persons demanding to
inspect or to examine the same, or to search the same for titles of
property. It is said recorder's duty to arrange in suitable places the
indexes of said books of record, and when practicable, the record books
themselves, to the end that the same may be accessible to the public
and convenient for said public inspection, examination, and search, and
not interfere with the said auditor's personal control and
responsibility for the same, or prevent him or her from promptly
furnishing the said records and files of his or her said office to
persons demanding any information from the same. The said auditor or
recorder must and shall, upon demand, and without charge, freely permit
any and all persons, during reasonable office hours, to inspect,
examine, and search any or all of the records and files of his or her
said office, and to gather any information therefrom, and to make any
desired notes or memoranda about or concerning the same, and to prepare
an abstract or abstracts of title to any and all property therein
contained.
Sec. 208 RCW 65.08.070 and 1927 c 278 s 2 are each amended to
read as follows:
A conveyance of real property, when acknowledged by the person
executing the same (the acknowledgment being certified as required by
law), may be recorded in the office of the recording officer of the
county where the property is situated. Every such conveyance not so
recorded is void as against any subsequent purchaser or mortgagee in
good faith and for a valuable consideration from the same vendor, his
or her heirs or devisees, of the same real property or any portion
thereof whose conveyance is first duly recorded. An instrument is
deemed recorded the minute it is filed for record.
Sec. 209 RCW 65.08.120 and 1927 c 278 s 7 are each amended to
read as follows:
The recording of an assignment of a mortgage is not in itself
notice to the mortgagor, his or her heirs, assigns or personal
representatives, to invalidate a payment made by any of them to a prior
holder of the mortgage.
Sec. 210 RCW 65.08.150 and 1943 c 23 s 1 are each amended to read
as follows:
A recording officer, upon payment or tender to him or her of the
lawful fees therefor, shall record in his or her office any instrument
authorized or permitted to be so recorded by the laws of this state or
by the laws of the United States.
Sec. 211 RCW 65.12.005 and 1907 c 250 s 1 are each amended to
read as follows:
The owner of any estate or interest in land, whether legal or
equitable, except unpatented land, may apply as hereinafter provided to
have the title of said land registered. The application may be made by
the applicant personally, or by an agent thereunto lawfully authorized
in writing, which authority shall be executed and acknowledged in the
same manner and form as is now required as to a deed, and shall be
recorded in the office of the county auditor in the county in which the
land, or the major portion thereof, is situated before the making of
the application by such agent. A corporation may apply by its
authorized agent, and an infant or any other person under disability by
his or her legal guardian. Joint tenants and tenants in common shall
join in the application. The person in whose behalf the application is
made shall be named as applicant.
Sec. 212 RCW 65.12.015 and 1907 c 250 s 3 are each amended to
read as follows:
No title derived through sale for any tax or assessment, or special
assessment, shall be entitled to be registered, unless it shall be made
to appear that the title of the applicant, or those through whom he or
she claims title has been adjudicated by a court of competent
jurisdiction, and a decree of such court duly made and recorded,
decreeing the title of the applicant, or that the applicant or those
through whom he or she claims title have been in the actual and
undisputed possession of the land under such title at least seven
years, immediately prior to the application, and shall have paid all
taxes and assessments legally levied thereon during said times; unless
the same is vacant and unoccupied lands or lots, in which case, where
title is derived through sale for any tax or assessment or special
assessment for any such vacant and unoccupied lands or lots, and the
applicant, or those through whom he or she claims title, shall have
paid all taxes and assessments legally levied thereon for eight
successive years immediately prior to the application, in which case
such lands and lots shall be entitled to be registered as other lands
provided for by this section.
Sec. 213 RCW 65.12.020 and 1907 c 250 s 4 are each amended to
read as follows:
The application shall be in writing and shall be signed and
verified by the oath of the applicant, or the person acting in his or
her behalf. It shall set forth substantially:
(1) The name and place of residence of the applicant, and if the
application is by one acting in behalf of another, the name and place
of residence and capacity of the person so acting.
(2) Whether the applicant (except in the case of a corporation) is
married or not, and, if married, the name and residence of the husband
or wife, and the age of the applicant.
(3) The description of the land and the assessed value thereof,
exclusive of improvements, according to the last official assessment,
the same to be taken as a basis for the payments required under RCW
65.12.670 and 65.12.790(1).
(4) The applicant's estate or interest in the same, and whether the
same is subject to homestead exemption.
(5) The names of all persons or parties who appear of record to
have any title, claim, estate, lien, or interest in the lands described
in the application for registration.
(6) Whether the land is occupied or unoccupied, and if occupied by
any other person than the applicant, the name and post office address
of each occupant, and what estate he or she has or claims in the land.
(7) Whether the land is subject to any lien or incumbrance, and if
any, give the nature and amount of the same, and if recorded, the book
and page of record; also give the name and post office address of each
holder thereof.
(8) Whether any other person has any estate or claims any interest
in the land, in law or equity, in possession, remainder, reversion, or
expectancy, and if any, set forth the name and post office address of
every such person and the nature of his or her estate or claim.
(9) In case it is desired to settle or establish boundary lines,
the names and post office addresses of all the owners of the adjoining
lands that may be affected thereby, as far as he or she is able, upon
diligent inquiry, to ascertain the same.
(10) If the application is on behalf of a minor, the age of such
minor shall be stated.
(11) When the place of residence of any person whose residence is
required to be given is unknown, it may be so stated if the applicant
will also state that upon diligent inquiry he or she had been unable to
ascertain the same.
Sec. 214 RCW 65.12.055 and 1907 c 250 s 10 are each amended to
read as follows:
Every county auditor shall, before entering upon his or her duties
as registrar of titles, give a bond with sufficient sureties, to be
approved by a judge of the superior court of the state of Washington in
and for his or her county, payable to the state of Washington, in such
sum as shall be fixed by the said judge of the superior court,
conditioned for the faithful discharge of his or her duties, and to
deliver up all papers, books, records, and other property belonging to
the county or appertaining to his or her office as registrar of titles,
whole, safe and undefaced, when lawfully required so to do; said bond
shall be filed in the office of the secretary of state, and a copy
thereof shall be filed and entered upon the records of the superior
court in the county wherein the county auditor shall hold office.
Sec. 215 RCW 65.12.060 and 1907 c 250 s 11 are each amended to
read as follows:
Deputy registrars shall perform any and all duties of the registrar
in the name of the registrar, and the acts of such deputies shall be
held to be the acts of the registrar, and in the case of the death of
the registrar or his or her removal from office, the vacancy shall be
filled in the same manner as is provided by law for filling such
vacancy in the office of the county auditor. The person so appointed
to fill such vacancy shall file a bond and be vested with the same
powers as the registrar whose office he or she is appointed to fill.
Sec. 216 RCW 65.12.065 and 1907 c 250 s 12 are each amended to
read as follows:
No registrar or deputy registrar shall practice as an attorney or
counselor at law, nor prepare any papers in any proceeding herein
provided for, nor while in the office be in partnership with any
attorney or counselor at law so practicing. The registrar shall be
liable for any neglect or omission of the duties of his or her office
when occasioned by a deputy registrar, in the same manner as for his or
her own personal neglect or omission.
Sec. 217 RCW 65.12.070 and 1907 c 250 s 14 are each amended to
read as follows:
If the applicant is not a resident of the state of Washington, he
or she shall file with his or her application a paper, duly
acknowledged, appointing an agent residing in this state, giving his or
her name in full and post office address, and shall therein agree that
the service of any legal process in proceedings under or growing out of
the application shall be of the same legal effect when made on said
agent as if made on the applicant within this state. If the agent so
appointed dies or removes from the state, the applicant shall at once
make another appointment in like manner, and if he or she fails so to
do, the court may dismiss the application.
Sec. 218 RCW 65.12.090 and 1907 c 250 s 13 are each amended to
read as follows:
The judges of the superior court in and for the state of Washington
for the counties for which they were elected or appointed shall appoint
a competent attorney in each county to be examiner of titles and legal
adviser of the registrar. The examiner of titles in each county shall
be paid in each case by the applicant such compensation as the judge of
the superior court of the state of Washington in and for that county
shall determine. Every examiner of titles shall, before entering upon
the duties of his or her office, take and subscribe an oath of office
to faithfully and impartially perform the duties of his or her office,
and shall also give a bond in such amount and with such sureties as
shall be approved by the judge of the said superior court, payable in
like manner and with like conditions as required of the registrar. A
copy of the bond shall be entered upon the records of said court and
the original shall be filed with the registrar.
Sec. 219 RCW 65.12.110 and 1907 c 250 s 17 are each amended to
read as follows:
Immediately after the filing of the abstract of title, the court
shall enter an order referring the application to an examiner of
titles, who shall proceed to examine into the title and into the truth
of the matters set forth in the application, and particularly whether
the land is occupied, the nature of the occupation, if occupied, and by
what right, and, also as to all judgments against the applicant or
those through whom he or she claims title, which may be a lien upon the
lands described in the application; he or she shall search the records
and investigate all the facts brought to his or her notice, and file in
the case a report thereon, including a certificate of his or her
opinion upon the title. The clerk of the court shall thereupon give
notice to the applicant of the filing of such report. If the opinion
of the examiner is adverse to the applicant, he or she shall be allowed
by the court a reasonable time in which to elect to proceed further, or
to withdraw his or her application. The election shall be made in
writing, and filed with the clerk of the court.
Sec. 220 RCW 65.12.140 and 1907 c 250 s 20a are each amended to
read as follows:
The clerk of the court shall also, on or before twenty days after
the first publication, send a copy thereof by mail to such defendants
who are not residents of the state whose place of address is known or
stated in the application, and whose appearance is not entered and who
are not in person served with the summons. The certificate of the
clerk that he or she has sent such notice, in pursuance of this
section, shall be conclusive evidence thereof. Other or further notice
of the application for registration may be given in such manner and to
such persons as the court or any judge thereof may direct. The summons
shall be served at the expense of the applicant, and proof of the
service thereof shall be made as proof of service is now made in other
civil actions.
Sec. 221 RCW 65.12.150 and 1907 c 250 s 22 are each amended to
read as follows:
Any person claiming an interest, whether named in the summons or
not, may appear and file an answer within the time named in the
summons, or within such further time as may be allowed by the court.
The answer shall state all objections to the application, and shall set
forth the interests claimed by the party filing the same, and shall be
signed and sworn to by him or her or by some person in his or her
behalf.
Sec. 222 RCW 65.12.160 and 1907 c 250 s 24 are each amended to
read as follows:
If, in any case an appearance is entered and answer filed, the
cause shall be set down for hearing on motion of either party, but a
default and order shall first be entered against all persons who do not
appear and answer in the manner provided in RCW 65.12.155. The court
may refer the cause or any part thereof to one of the examiners of
title, as referee, to hear the parties and their evidence, and make
report thereon to the court. His or her report shall have the same
force and effect as that of a referee appointed by the said superior
court under the laws of this state now in force, and relating to the
appointment, duties and powers of referees.
Sec. 223 RCW 65.12.170 and 1907 c 250 s 26 are each amended to
read as follows:
If, in any case, after hearing, the court finds that the applicant
has not title proper for registration, a decree shall be entered
dismissing the application, and such decree may be ordered to be
without prejudice. The applicant may dismiss his or her application at
any time, before the final decree, upon such terms as may be fixed by
the court, and upon motion to dismiss duly made by the court.
Sec. 224 RCW 65.12.175 and 1988 c 202 s 56 are each amended to
read as follows:
If the court, after hearing, finds that the applicant has title,
whether as stated in his or her application or otherwise, proper for
registration, a decree of confirmation of title and registration shall
be entered. Every decree of registration shall bind the land, and
quiet the title thereto, except as herein otherwise provided, and shall
be forever binding and conclusive upon all persons, whether mentioned
by name in the application, or included in "all other persons or
parties unknown claiming any right, title, estate, lien or interest in,
to, or upon the real estate described in the application herein", and
such decree shall not be opened by reason of the absence, infancy, or
other disability of any person affected thereby, nor by any proceeding
at law, or in equity, for reversing judgments or decrees, except as
herein especially provided. Appellate review of the court's decision
may be sought as in other civil actions.
Sec. 225 RCW 65.12.180 and 1907 c 250 s 28 are each amended to
read as follows:
Any person having an interest in or lien upon the land who has not
been actually served with process or notified of the filing of the
application or the pendency thereof, may at any time within ninety days
after the entry of such decree, and not afterwards, appear and file his
or her sworn answer to such application in like manner as hereinbefore
prescribed for making answer: PROVIDED, HOWEVER, That such person had
no actual notice or information of the filing of such application or
the pendency of the proceedings during the pendency thereof, or until
within three months of the time of the filing of such answer, which
facts shall be made to appear before answering by the affidavit of the
person answering or the affidavit of someone in his or her behalf
having knowledge of the facts, and PROVIDED, ALSO, that no innocent
purchaser for value has acquired an interest. If there is any such
purchaser, the decree of registration shall not be opened, but shall
remain in full force and effect forever, subject only to the right of
appeal hereinbefore provided; but any person aggrieved by such decree
in any case may pursue his or her remedy by suit in the nature of an
action of tort against the applicant or any other person for fraud in
procuring the decree; and may also bring his or her action for
indemnity as hereinafter provided. Upon the filing of such answer, and
not less than ten days' notice having been given to the applicant, and
to such other interested parties as the court may order in such manner
as shall be directed by the court, the court shall proceed to review
the case, and if the court is satisfied that the order or decree ought
to be opened, an order shall be entered to that effect, and the court
shall proceed to review the proceedings, and shall make such order in
the case as shall be equitable in the premises. An appeal may be
allowed in this case, as well as from all other decrees affecting any
registered title within a like time, and in a like manner, as in the
case of an original decree under this chapter, and not otherwise.
Sec. 226 RCW 65.12.200 and 1907 c 250 s 31 are each amended to
read as follows:
Every decree of registration shall bear the date of the year, day,
hour, and minute of its entry, and shall be signed by the judge of the
superior court of the state of Washington in and for the county in
which the land is situated; it shall state whether the owner is married
or unmarried, and if married, the name of the husband or wife; if the
owner is under disability it shall state the nature of the disability,
and if a minor, shall state his or her age. It shall contain a
description of the land as finally determined by the court, and shall
set forth the estate of the owner, and also in such manner as to show
their relative priority, all particular estates, mortgages, easements,
liens, attachments, homesteads, and other incumbrances, including
rights of husband and wife, if any, to which the land or the owner's
estate is subject, and shall contain any other matter or information
properly to be determined by the court in pursuance of this chapter.
The decree shall be stated in a convenient form for transcription upon
the certificate of title, to be made as hereinafter provided by the
registrar of titles. Immediately upon the filing of the decree of
registration, the clerk shall file a certified copy thereof in the
office of the registrar of titles.
Sec. 227 RCW 65.12.235 and 1973 c 121 s 1 are each amended to
read as follows:
Upon the filing of such application and the payment of a fee of
five dollars, the registrar of titles, if it shall appear that the
application is signed and acknowledged by all the registered owners of
said land, shall issue to the (([applicant])) applicant a certificate
in substantially the following form:
Sec. 228 RCW 65.12.250 and 1907 c 250 s 34 are each amended to
read as follows:
Immediately upon the filing of the decree of registration in the
office of the registrar of titles, the registrar shall proceed to
register the title or interest pursuant to the terms of the decree in
the manner herein provided. The registrar shall keep a book known as
the "Register of Titles", wherein he or she shall enter all first and
subsequent original certificates of title by binding or recording them
therein in the order of their numbers, consecutively, beginning with
number one, with appropriate blanks for entry of memorials and
notations allowed by this chapter. Each certificate, with such blanks,
shall constitute a separate page of such book. All memorials and
notations that may be entered upon the register shall be entered upon
the page whereon the last certificate of title of the land to which
they relate is entered. The term "certificate of title" used in this
chapter shall be deemed to include all memorials and notations thereon.
Sec. 229 RCW 65.12.255 and 1907 c 250 s 35 are each amended to
read as follows:
The certificate of registration shall contain the name of the
owner, a description of the land and of the estate of the owner, and
shall by memorial or notation contain a description of all
incumbrances, liens, and interests to which the estate of the owner is
subject; it shall state the residence of the owner and, if a minor,
give his or her age; if under disability, it shall state the nature of
the disability; it shall state whether married or not, and, if married,
the name of the husband or wife; in case of a trust, condition or
limitation, it shall state the trust, condition, or limitation, as the
case may be; and shall contain and conform in respect to all statements
to the certified copy of the decree of registration filed with the
registrar of titles as hereinbefore provided; and shall be in form
substantially as follows:
Sec. 230 RCW 65.12.260 and 1907 c 250 s 36 are each amended to
read as follows:
The registrar shall, at the time that he or she enters his or her
original certificate of title, make an exact duplicate thereof, but
putting on it the words "Owner's duplicate certificate of ownership",
and deliver the same to the owner or to his or her attorney duly
authorized. For the purpose of preserving evidence of the signature
and handwriting of the owner in his or her office, it shall be the duty
of the registrar to take from the owner, in every case where it is
practicable so to do, his or her receipt for the certificate of title
which shall be signed by the owner in person. Such receipt, when
signed and delivered in the registrar's office, shall be witnessed by
the registrar or deputy registrar. If such receipt is signed
elsewhere, it shall be witnessed and acknowledged in the same manner as
is now provided for the acknowledgment of deeds. When so signed, such
receipt shall be prima facie evidence of the genuineness of such
signature.
Sec. 231 RCW 65.12.265 and 1907 c 250 s 37 are each amended to
read as follows:
Where two or more persons are registered owners as tenants in
common or otherwise, one owner's duplicate certificate can be issued
for the entirety, or a separate duplicate owner's certificate may be
issued to each owner for his or her undivided share.
Sec. 232 RCW 65.12.290 and 1907 c 250 s 41 are each amended to
read as follows:
The original certificate in the registration book, any copy thereof
duly certified under the signature of the registrar of titles or his or
her deputy, and authenticated by his of her seal and also the owner's
duplicate certificate shall be received as evidence in all the courts
of this state, and shall be conclusive as to all matters contained
therein, except so far as is otherwise provided in this chapter. In
case of a variance between the owner's duplicate certificate and the
original certificate, the original shall prevail.
Sec. 233 RCW 65.12.300 and 1907 c 250 s 42 are each amended to
read as follows:
The registrar of titles, under the direction of the court, shall
make and keep indexes of all duplication and of all certified copies
and decrees of registration and certificates of titles, and shall also
index and file in classified order all papers and instruments filed in
his or her office relating to applications and to registered titles.
The registrar shall also, under the direction of the court, prepare and
keep forms of indexes and entry books. The court shall prepare and
adopt convenient forms of certificates of titles, and also general
forms of memorials or notations to be used by the registrars of titles
in registering the common forms of conveyance and other instruments to
express briefly their effect.
Sec. 234 RCW 65.12.310 and 1907 c 250 s 43 are each amended to
read as follows:
The registrar of titles shall keep tract indexes, in which shall be
entered the lands registered in the numerical order of the townships,
ranges, sections, and in cases of subdivisions, the blocks and lots
therein, and the names of the owners, with a reference to the volume
and page of the register of titles in which the lands are registered.
He or she shall also keep alphabetical indexes, in which shall be
entered, in alphabetical order, the names of all registered owners, and
all other persons interested in, or holding charges upon, or any
interest in, the registered land, with a reference to the volume and
page of the register of titles in which the land is registered.
Sec. 235 RCW 65.12.320 and 1907 c 250 s 44 are each amended to
read as follows:
The owner of registered land may convey, mortgage, lease, charge,
or otherwise incumber, dispose of, or deal with the same as fully as if
it had not been registered. He or she may use forms of deeds, trust
deeds, mortgages and leases or voluntary instruments, like those now in
use, and sufficient in law for the purpose intended. But no voluntary
instrument of conveyance, except a will and a lease, for a term not
exceeding three years, purporting to convey or affect registered land,
shall take effect as a conveyance, or bind the land; but shall operate
only as a contract between the parties, and as evidence of the
authority to the registrar of titles to make registration. The act of
registration shall be the operative act to convey or affect the land.
Sec. 236 RCW 65.12.360 and 1907 c 250 s 48 are each amended to
read as follows:
No new certificate shall be entered or issued upon any transfer of
registered land, which does not divest the title in fee simple of said
land or some part thereof, from the owner or some one of the registered
owners. All interest in the registered land, less than a freehold
estate, shall be registered by filing with the registrar of titles, the
instruments creating, transferring, or claiming such interest, and by
a brief memorandum or memorial thereof, made by a registrar of titles
upon the certificate of title, and signed by him or her. A similar
memorandum, or memorial, shall also be made on the owner's duplicate.
The cancellation or extinguishment of such interests shall be
registered in the same manner. When any party in interest does not
agree as to the proper memorial to be made upon the filing of any
instrument, (voluntary or involuntary), presented for registration, or
where the registrar of titles is in doubt as to the form of such
memorial, the question shall be referred to the court for decision,
either on the certificate of the registrar of titles, or upon the
demand in writing of any party in interest.
The registrar of titles shall bring before the court all the papers
and evidence which may be necessary for the determination of the
question by the court. The court, after notice to all parties in
interest and a hearing, shall enter an order prescribing the form of
the memorial, and the registrar of titles shall make registration in
accordance therewith.
Sec. 237 RCW 65.12.370 and 1907 c 250 s 49 are each amended to
read as follows:
No new certificates of titles shall be entered, and no memorial
shall be made upon any certificate of title, in pursuance of any deed,
or other voluntary instrument, unless the owner's duplicate certificate
is presented with such instrument, except in cases provided for in this
chapter, or upon the order of the court for cause shown; and whenever
such order is made a memorial therefor shall be entered, or a new
certificate issued, as directed by said order. The production of the
owner's duplicate certificate, whenever any voluntary instrument is
presented for registration, shall be conclusive authority from the
registered owner to the registrar of titles, to enter a new
certificate, or to make a memorial of registration in accordance with
such instrument; and a new certificate or memorial shall be binding
upon the registered owner and upon all persons claiming under him or
her in favor of every purchaser for value and in good faith.
Sec. 238 RCW 65.12.380 and 1907 c 250 s 51 are each amended to
read as follows:
An owner of registered land, conveying the same, or any portion
thereof, in fee, shall execute a deed of conveyance, which the grantor
shall file with the registrar of titles in the county where the land
lies. The owner's duplicate certificate shall be surrendered at the
same time and shall be by the registrar marked "Canceled". The
original certificate of title shall also be marked "Canceled". The
registrar of titles shall thereupon entered in the register of titles,
a new certificate of title to the grantee, and shall prepare and
deliver to such grantee an owner's duplicate certificate. All
incumbrances, claims, or interests adverse to the title of the
registered owner shall be stated upon the new certificate or
certificates, except insofar as they may be simultaneously released or
discharged.
When only a part of the land described in a certificate is
transferred, or some estate or interest in the land is to remain in the
transferor, a new certificate shall be issued to him or her, for the
part, estate, or interest remaining in him or her.
Sec. 239 RCW 65.12.430 and 1907 c 250 s 56 are each amended to
read as follows:
A trust deed shall be deemed to be a mortgage, and be subject to
the same rules as a mortgage, excepting as to the manner of the
foreclosure thereof. The registration of a mortgage shall be made in
the following manner, to wit: The owner's duplicate certificate shall
be presented to the registrar of titles with the mortgage deed or
instrument to be registered, and the registrar shall enter upon the
original certificate of title and also upon the owner's duplicate
certificate, a memorial of the purport of the instrument registered,
the time of filing, and the file number of the registered instrument.
He or she shall also note upon the instrument registered, the time of
filing, and a reference to the volume and page of the register of
titles, wherein the same is registered. The registrar of titles shall
also, at the request of the mortgagee, make out and deliver to him or
her a duplicate certificate of title, like the owner's duplicate,
except that the words, "Mortgagee's duplicate", shall be written or
printed upon such certificate in large letters, diagonally across the
face. A memorandum of the issuance of the mortgagee's duplicate shall
be made upon the certificate of title.
Sec. 240 RCW 65.12.445 and 1907 c 250 s 59 are each amended to
read as follows:
In any action affecting registered land a judgment or final decree
shall be entitled to registration on the presentation of a certified
copy of the entry thereof from the clerk of the court where the action
is pending to the registrar of titles. The registrar of titles shall
enter a memorial thereof upon the original certificates of title, and
upon the owner's duplicate, and also upon the mortgagee's and lessee's
duplicate, if any there be outstanding. When the registered owner of
such land is, by such judgment or decree, divested of his or her estate
in fee to the land or any part thereof, the plaintiff or defendant
shall be entitled to a new certificate of title for the land, or that
part thereof, designated in the judgment or decree, and the registrar
of titles shall enter such new certificate of title, and issue a new
owner's duplicate, in such manner as is provided in the case of
voluntary conveyance: PROVIDED, HOWEVER, That no such new certificate
of title shall be entered, except upon the order of the superior court
of the county in which the land is situated, and upon the filing in the
office of the registrar of titles, an order of the court directing the
entry of such new certificate.
Sec. 241 RCW 65.12.450 and 1907 c 250 s 60 are each amended to
read as follows:
Any person who has, by any action or proceeding to enforce or
foreclose any mortgage, lien or charge upon registered land, become the
owner in fee of the land, or any part thereof, shall be entitled to
have his or her title registered, and the registrar of titles shall,
upon application therefor, enter a new certificate of title for the
land, or that part thereof, of which the applicant is the owner, and
issue an owner's duplicate, in such manner as in the case of a
voluntary conveyance of registered land: PROVIDED, HOWEVER, No such
new certificate of title shall be entered, except after the time to
redeem from such foreclosure has expired, and upon the filing in the
office of the registrar of titles, an order of the superior court of
the county directing the entry of such new certificates.
Sec. 242 RCW 65.12.470 and 1907 c 250 s 62 are each amended to
read as follows:
Leases for registered land, for a term of three years or more,
shall be registered in like manner as a mortgage, and the provisions
herein relating to the registration of mortgages, shall also apply to
the registration of leases. The registrar shall, at the request of the
lessee, make out and deliver to him or her a duplicate of the
certificate of title like the owner's duplicate, except the words,
"Lessee's duplicate", shall be written or printed upon it in large
letters diagonally across its face.
Sec. 243 RCW 65.12.480 and 1907 c 250 s 63 are each amended to
read as follows:
Whenever a deed, or other instrument, is filed in the office of the
registrar of titles, for the purpose of effecting a transfer of or
charge upon the registered land, or any estate or interest in the same,
and it shall appear that the transfer or charge is to be in trust or
upon condition or limitation expressed in such deed or instrument, such
deed or instrument shall be registered in the usual manner, except that
the particulars of the trust, condition, limitation, or other equitable
interest shall not be entered upon the certificate of title by
memorial, but a memorandum or memorial shall be entered by the words,
"in trust", or "upon condition", or other apt words, and by reference
by number to the instrument authorizing or creating the same. A
similar memorial shall be made upon the owner's duplicate certificate.
No transfer of, or charge upon, or dealing with, the land, estate
or interest therein, shall thereafter be registered, except upon an
order of the court first filed in the office of the registrar of
titles, directing such transfer, charge, or dealing, in accordance with
the true intent and meaning of the trust, condition, or limitation.
Such registration shall be conclusive evidence in favor of the person
taking such transfer, charge, or right; and those claiming under him or
her, in good faith, and for a valuable consideration, that such
transfer, charge, or other dealing is in accordance with the true
intent and meaning of the trust, condition, or limitation.
Sec. 244 RCW 65.12.490 and 1907 c 250 s 64 are each amended to
read as follows:
When the title to registered land passes from a trustee to a new
trustee, a new certificate shall be entered to him or her, and shall be
registered in like manner as upon an original conveyance in trust.
Sec. 245 RCW 65.12.500 and 1907 c 250 s 65 are each amended to
read as follows:
Any trustee shall have authority to file an application for the
registration of any land held in trust by him or her, unless expressly
prohibited by the instrument creating the trust.
Sec. 246 RCW 65.12.530 and 1907 c 250 s 68 are each amended to
read as follows:
The name and address of the attorney for the plaintiff in every
action affecting the title to registered land, shall, in all cases, be
endorsed upon the writ or other writing filed in the office of the
registrar of titles, and he or she shall be deemed the attorney of the
plaintiff until written notice that he or she has ceased to be such
plaintiff's attorney shall be filed for registration by the plaintiff.
Sec. 247 RCW 65.12.550 and 1907 c 250 s 70 are each amended to
read as follows:
Any person who has acquired any right, interest, or estate in
registered land by virtue of any execution, judgment, order, or decree
of the court, shall register his or her title so acquired, by filing in
the office of the registrar of titles all writings or instruments
permitted or required to be recorded in the case of unregistered land.
If the interest or estate so acquired is the fee in the registered
land, or any part thereof, the person acquiring such interest shall be
entitled to have a new certificate of title, registered in him or her,
in the same manner as is provided in the case of persons acquiring
title by an action or proceeding in foreclosure of mortgages.
Sec. 248 RCW 65.12.560 and 1907 c 250 s 71 are each amended to
read as follows:
The certificate of the clerk of the court in which any action or
proceeding shall be pending, or any judgment or decree is of record,
that such action or proceeding has been dismissed or otherwise disposed
of, or that the judgment, decree, or order has been satisfied,
released, reversed, or overruled, or of any sheriff or any other
officer that the levy of any execution, attachment, or other process,
certified by him or her, has been released, discharged, or otherwise
disposed of, being filed in the office of the registrar of titles and
noted upon the register, shall be sufficient to authorize the registrar
to cancel or otherwise treat the memorial of such action, proceeding,
judgment, decree, order, or levy, according to the purport of such
certificate.
Sec. 249 RCW 65.12.570 and 1907 c 250 s 72 are each amended to
read as follows:
Whenever registered land is sold, and the same is by law subject to
redemption by the owner or any other person, the purchaser shall not be
entitled to have a new certificate of title entered, until the time
within which the land may be redeemed has expired. At any time after
the time to redeem shall have expired, the purchaser may petition the
court for an order directing the entry of a new certificate of title to
him or her, and the court shall, after such notice as it may order, and
hearing, grant and make an order directing the entry of such new
certificate of title.
Sec. 250 RCW 65.12.590 and 1907 c 250 s 74 are each amended to
read as follows:
Nothing contained in this chapter shall include, affect, or impair
the jurisdiction of the superior court to order an executor,
administrator, or guardian to sell or mortgage registered land for any
purpose for which such order may be granted in the case of unregistered
land. The purchaser or mortgagee, taking a deed or mortgage executed
in pursuance of such order of the superior court, shall be entitled to
register his or her title, and to the entry of a new certificate of
title or memorial of registration, upon application to the superior
court, and upon filing in the office of the registrar of titles, an
order of said court, directing the entry of such certificates.
Sec. 251 RCW 65.12.600 and 1907 c 250 s 75 are each amended to
read as follows:
An assignee for the benefit of creditors, receiver, trustee in
bankruptcy, master in chancery, special commissioner, or other person
appointed by the court, shall file in the office of the registrar of
titles, the instrument or instruments by which he or she is vested with
title, estate, or interest in any registered land, or a certified copy
of an order of the court showing that such assignee, receiver, trustee
in bankruptcy, master in chancery, special commissioner, or other
person, is authorized to deal with such land, estate, or interest, and,
if it is in the power of such person, he or she shall, at the same
time, present to the registrar of titles, the owner's duplicate
certificate of title; thereupon the registrar shall enter upon the
register of titles, and the duplicate certificate, if presented, a
memorial thereof, with a reference to such order or deed by its file
number. Such memorial having been entered, the assignee, receiver,
trustee in bankruptcy, master in chancery, special commissioner, or
other person may, subject to the direction of the court, deal with or
transfer such land as if he or she were a registered owner.
Sec. 252 RCW 65.12.610 and 1907 c 250 s 76 are each amended to
read as follows:
Whenever registered land, or any right or interest therein, is
taken by eminent domain, the state or body politic, or corporate or
other authority exercising such right shall pay all fees on account of
any memorial or registration or entry of new certificates, or duplicate
thereof, and fees for the filing of instruments required by this
chapter to be filed. When, for any reason, by operation of law, land
which has been taken for public use reverts to the owner from whom it
was taken, or his or her heirs or assigns, the court, upon petition of
the person entitled to the benefit of the reversion, after such notice
as it may order, and hearing, may order the entry of a new certificate
of title to him or her.
Sec. 253 RCW 65.12.620 and 1907 c 250 s 77 are each amended to
read as follows:
In every case where the registrar of titles enters a memorial upon
a certificate of title, or enters a new certificate of title, in
pursuance of any instrument executed by the registered owner, or by
reason of any instrument or proceeding which affects or devises the
title of the registered owner against his or her consent, if the
outstanding owner's duplicate certificate is not presented, the
registrar of titles shall not enter a new certificate or make a
memorial, but the person claiming to be entitled thereto may apply by
petition to the court. The court may order the registered owner, or
any person withholding the duplicate certificate, to present or
surrender the same, and direct the entry of a memorial or new
certificate upon such presentation or surrender. If, in any case, the
person withholding the duplicate certificate is not amenable to the
process of the court, or cannot be found, or if, for any reason, the
outstanding owner's duplicate certificate cannot be presented or
surrendered without delay, the court may, by decree, annul the same,
and order a new certificate of title to be entered. Such new
certificate, and all duplicates thereof, shall contain a memorial of
the annulment of the outstanding duplicate. If in any case of an
outstanding mortgagee's or lessee's duplicate certificate shall be
withheld or otherwise dealt with, like proceedings may be had to obtain
registration as in case of the owner's withholding or refusing to
deliver the duplicate receipt.
Sec. 254 RCW 65.12.635 and 1907 c 250 s 79 are each amended to
read as follows:
Examiners of titles shall, upon the request of the registrar of
titles, advise him or her upon any act or duty pertaining to the
conduct of his or her office, and shall, upon request, prepare the form
of any memorial to be made or entered by the registrar of titles. The
examiner of titles shall have full power to administer oaths and
examine witnesses involved in his or her investigation of titles.
Sec. 255 RCW 65.12.640 and 1907 c 250 s 80 are each amended to
read as follows:
Every writing and instrument required or permitted by this chapter
to be filed for registration, shall contain or have endorsed upon it,
the full name, place of residence, and post office address of the
grantee or other person requiring or claiming any right, title, or
interest under such instrument. Any change in residence or post office
address of such person shall be endorsed by the registrar of titles in
the original instrument, on receiving a sworn statement of such change.
All names and addresses shall also be entered on all certificates. All
notices required by, or given in pursuance of the provisions of this
chapter by the registrar of titles or by the court, after original
registration, shall be served upon the person to be notified; if a
resident of the state of Washington, as summons in civil actions are
served; and proof of such service shall be made as on the return of a
summons. All such notices shall be sent by mail, to the person to be
notified, if not a resident of the state of Washington, and his or her
residence and post office address, as stated in the certificate of
title, or in any registered instrument under which he or she claims an
interest. The certificate of the registrar of titles, or clerk of
court, that any notice has been served, by mailing the same, as
aforesaid, shall be conclusive proof of such notice: PROVIDED,
HOWEVER, That the court may, in any case, order different or further
service by publication or otherwise.
Sec. 256 RCW 65.12.650 and 1907 c 250 s 81 are each amended to
read as follows:
Any person claiming any right or interest in registered land,
adverse to the registered owner, arising subsequent to the date of the
original registration, may, if no other provision is made in this
chapter for registering the same, make a statement in writing, setting
forth fully his or her alleged right or interest and how or under whom
acquired, and a reference to the volume and page of the certificate of
title of the registered owner, and a description of the land to which
the right or interest is claimed. The statement shall be signed and
sworn to, and shall state the adverse claimant's residence, and
designate a place at which all notices may be served upon him or her.
This statement shall be entitled to registration, as an adverse claim;
and the court, upon the petition of any party in interest, shall grant
a speedy hearing upon the question of the validity of such adverse
claim, and shall enter such decree thereon as equity and justice may
require.
If the claim is adjudged to be invalid, its registration shall be
canceled. The court may, in any case, award such costs and damages,
including reasonable attorneys' fees, as it may deem just in the
premises.
Sec. 257 RCW 65.12.690 and 1907 c 250 s 85 are each amended to
read as follows:
If such action be for recovery for loss or damage arising only
through any omission, mistake, or misfeasance of the registrar of
titles or his or her deputies, or of any examiner of titles, or any
clerk of court or his or her deputy, in the performance of their
respective duties, under the provisions of this chapter, then the
county treasurer shall be the sole defendant to such action; but if
such action be brought for loss or damage arising only through the
fraud or wrongful act of some person or persons other than the
registrar or his or her deputies, the examiners of title, the clerk of
the court or his or her deputies, or arising jointly through the fraud
or wrongful act of such other person or persons, and the omission,
mistakes, or misfeasance of the registrar of titles or his or her
deputies, the examiners of titles, the clerk of the court or his or her
deputies, then such action shall be brought against both the county
treasurer and such persons or persons aforesaid. In all such actions,
where there are defendants other than the county treasurer, and damages
shall have been recovered, no final judgment shall be entered against
the county treasurer, until execution against the other defendants
shall be returned unsatisfied in whole or in part, and the officer
returning the execution shall certify that the amount still due upon
the execution cannot be collected except by application to the
indemnity (([assurance])) assurance fund. Thereupon the court, being
satisfied as to the truth of such return, shall order final judgment
against the treasurer, for the amount of the execution and costs, or so
much thereof as remains unpaid. The county treasurer shall, upon such
order of the court and final judgment, pay the amount of such judgment
out of the assurance fund. It shall be the duty of the county attorney
to appear and defend all such actions. If the funds in the assurance
funds at any time are insufficient to pay any judgment in full, the
balance unpaid shall draw interest at the legal rate of interest, and
be paid with such interest out of the first funds coming into said
fund.
Sec. 258 RCW 65.12.710 and 1971 ex.s. c 292 s 49 are each amended
to read as follows:
No action or proceeding for compensation for or by reason of any
deprivation, loss, or damage occasioned or sustained as provided in
this chapter, shall be made, brought, or taken, except within the
period of six years from the time when right to bring or take such
action or proceeding first accrued; except that if, at any time, when
such right of action first accrues, the person entitled to bring such
action, or take such proceeding, is under the age of eighteen years, or
insane, imprisoned, or absent from the United States in the service of
the United States, or of this state, then such person, or anyone
claiming from, by, or under him or her, may bring the action, or take
the proceeding, at any time within two years after such disability is
removed, notwithstanding the time before limited in that behalf has
expired.
Sec. 259 RCW 65.12.720 and 1907 c 250 s 88 are each amended to
read as follows:
No erasure, alteration, or amendment shall be made upon the
register of titles after the entry of the certificate of title, or a
memorial thereon, and the attestation of the same by the registrar of
titles, except by order of the court. Any registered owner, or other
person in interest, may at any time apply by petition to the court, on
the ground that registered interests of any description, whether
vested, contingent, expectant, or inchoate, have determined and ceased;
or that new interests have arisen or been created, which do not appear
upon the certificate; or that an error, omission, or mistake was made
in entering the certificate; or any memorial thereon, or any duplicate
certificate; or that the name of any person on the certificate has been
changed; or that the registered owner has been married, or if
registered, has married, that the marriage has been terminated, or that
a corporation which owned registered land has been dissolved, and has
not conveyed the same within three years after its dissolution; or upon
any other reasonable ground; and the court shall have jurisdiction to
hear and determine the petition after such notice as it may order, to
all parties in interest, and may order the entry of a new certificate,
the entry or cancellation of a memorial upon a certificate, or grant
any other relief upon such terms and conditions, requiring security if
necessary, as it may deem proper: PROVIDED, HOWEVER, That this section
shall not be construed to give the court authority to open the original
decree of registration, and that nothing shall be done or ordered by
the court which shall impair the title or other interest of the
purchaser, holding a certificate for value and in good faith, or his or
her heirs or assigns, without his or her or their written consent.
Sec. 260 RCW 65.12.770 and 1907 c 250 s 93 are each amended to
read as follows:
No proceeding or conviction for any act hereby declared to be a
felony, shall affect any remedy which any person aggrieved or injured
by such act may be entitled to at law, or in equity, against the person
who has committed such act, or against his or her estate.
Sec. 261 RCW 65.12.790 and 1973 1st ex.s. c 195 s 76 are each
amended to read as follows:
The fees to be paid to the registrar of titles shall be as follows:
(1) At or before the time of filing of the certified copy of the
application with the registrar, the applicant shall pay, to the
registrar, on all land having an assessed value, exclusive of
improvements, of one thousand dollars or less, thirty-one and one-quarter cents on each one thousand dollars, or major fraction thereof,
of the assessed value of said land, additional.
(2) For granting certificates of title, upon each applicant, and
registering the same, two dollars.
(3) For registering each transfer, including the filing of all
instruments connected therewith, and the issuance and registration of
the instruments connected therewith, and the issuance and registration
of the new certificate of title, ten dollars.
(4) When the land transferred is held upon any trust, condition, or
limitation, an additional fee of three dollars.
(5) For entry of each memorial on the register, including the
filing of all instruments and papers connected therewith, and
endorsements upon duplicate certificates, three dollars.
(6) For issuing each additional owner's duplicate certificate,
mortgagee's duplicate certificate, or lessee's duplicate certificate,
three dollars.
(7) For filing copy of will, with letters testamentary, or filing
copy of letters of administration, and entering memorial thereof, two
dollars and fifty cents.
(8) For the cancellation of each memorial, or charge, one dollar.
(9) For each certificate showing the condition of the register, one
dollar.
(10) For any certified copy of any instrument or writing on file in
his or her office, the same fees now allowed by law to county clerks
and county auditors for like service.
(11) For any other service required, or necessary to carry out this
chapter, and not hereinbefore itemized, such fee or fees as the court
shall determine and establish.
(12) For registration of each mortgage and issuance of duplicate of
title a fee of five dollars; for each deed of trust and issuance of
duplicate of title a fee of eight dollars.
Sec. 262 RCW 65.12.800 and 1907 c 250 s 96 are each amended to
read as follows:
One-half of all fees provided for in RCW 65.12.790(1), shall be
collected by the registrar, and paid to the county treasurer of the
county in which the fees are paid, to be used for the current expenses
of the county; and all the remaining fees provided for in said section,
and all the subdivisions thereof, shall be collected by the registrar,
and applied the same as the other fees of his or her office; but his or
her salary as county clerk or county auditor, as now provided by law,
shall not be increased on account of the additional duties, or by
reason of the allowance of additional fees provided for herein; and the
said registrar, as such, shall receive no salary.
Sec. 263 RCW 65.16.070 and 1941 c 213 s 7 are each amended to
read as follows:
Publications commenced in a legal newspaper, when this act takes
effect, may be completed in that newspaper notwithstanding any failure
to obtain an order of approval under this act, and notwithstanding an
order of termination of approval prior to completion of publication.
The clerk of the superior court of each county shall post and keep
posted in a prominent place in his or her office a list of the
newspapers published in that county which are approved as legal
newspapers.
Sec. 264 RCW 66.04.010 and 2011 c 325 s 2 and 2011 c 195 s 3 are
each reenacted and amended to read as follows:
In this title, unless the context otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol, hydrated
oxide of ethyl, or spirit of wine, which is commonly produced by the
fermentation or distillation of grain, starch, molasses, or sugar, or
other substances including all dilutions and mixtures of this
substance. The term "alcohol" does not include alcohol in the
possession of a manufacturer or distiller of alcohol fuel, as described
in RCW 66.12.130, which is intended to be denatured and used as a fuel
for use in motor vehicles, farm implements, and machines or implements
of husbandry.
(2) "Authorized representative" means a person who:
(a) Is required to have a federal basic permit issued pursuant to
the federal alcohol administration act, 27 U.S.C. Sec. 204;
(b) Has its business located in the United States outside of the
state of Washington;
(c) Acquires ownership of beer or wine for transportation into and
resale in the state of Washington; and which beer or wine is produced
by a brewery or winery in the United States outside of the state of
Washington; and
(d) Is appointed by the brewery or winery referenced in (c) of this
subsection as its authorized representative for marketing and selling
its products within the United States in accordance with a written
agreement between the authorized representative and such brewery or
winery pursuant to this title.
(3) "Beer" means any malt beverage, flavored malt beverage, or malt
liquor as these terms are defined in this chapter.
(4) "Beer distributor" means a person who buys beer from a domestic
brewery, microbrewery, beer certificate of approval holder, or beer
importers, or who acquires foreign produced beer from a source outside
of the United States, for the purpose of selling the same pursuant to
this title, or who represents such brewer or brewery as agent.
(5) "Beer importer" means a person or business within Washington
who purchases beer from a beer certificate of approval holder or who
acquires foreign produced beer from a source outside of the United
States for the purpose of selling the same pursuant to this title.
(6) "Board" means the liquor control board, constituted under this
title.
(7) "Brewer" or "brewery" means any person engaged in the business
of manufacturing beer and malt liquor. Brewer includes a brand owner
of malt beverages who holds a brewer's notice with the federal bureau
of alcohol, tobacco, and firearms at a location outside the state and
whose malt beverage is contract-produced by a licensed in-state
brewery, and who may exercise within the state, under a domestic
brewery license, only the privileges of storing, selling to licensed
beer distributors, and exporting beer from the state.
(8) "Club" means an organization of persons, incorporated or
unincorporated, operated solely for fraternal, benevolent, educational,
athletic, or social purposes, and not for pecuniary gain.
(9) "Confection" means a preparation of sugar, honey, or other
natural or artificial sweeteners in combination with chocolate, fruits,
nuts, dairy products, or flavorings, in the form of bars, drops, or
pieces.
(10) "Consume" includes the putting of liquor to any use, whether
by drinking or otherwise.
(11) "Contract liquor store" means a business that sells liquor on
behalf of the board through a contract with a contract liquor store
manager.
(12) "Craft distillery" means a distillery that pays the reduced
licensing fee under RCW 66.24.140.
(13) "Dentist" means a practitioner of dentistry duly and regularly
licensed and engaged in the practice of his or her profession within
the state pursuant to chapter 18.32 RCW.
(14) "Distiller" means a person engaged in the business of
distilling spirits.
(15) "Domestic brewery" means a place where beer and malt liquor
are manufactured or produced by a brewer within the state.
(16) "Domestic winery" means a place where wines are manufactured
or produced within the state of Washington.
(17) "Druggist" means any person who holds a valid certificate and
is a registered pharmacist and is duly and regularly engaged in
carrying on the business of pharmaceutical chemistry pursuant to
chapter 18.64 RCW.
(18) "Drug store" means a place whose principal business is, the
sale of drugs, medicines, and pharmaceutical preparations and maintains
a regular prescription department and employs a registered pharmacist
during all hours the drug store is open.
(19) "Employee" means any person employed by the board.
(20) "Flavored malt beverage" means:
(a) A malt beverage containing six percent or less alcohol by
volume to which flavoring or other added nonbeverage ingredients are
added that contain distilled spirits of not more than forty-nine
percent of the beverage's overall alcohol content; or
(b) A malt beverage containing more than six percent alcohol by
volume to which flavoring or other added nonbeverage ingredients are
added that contain distilled spirits of not more than one and one-half
percent of the beverage's overall alcohol content.
(21) "Fund" means 'liquor revolving fund.'
(22) "Hotel" means buildings, structures, and grounds, having
facilities for preparing, cooking, and serving food, that are kept,
used, maintained, advertised, or held out to the public to be a place
where food is served and sleeping accommodations are offered for pay to
transient guests, in which twenty or more rooms are used for the
sleeping accommodation of such transient guests. The buildings,
structures, and grounds must be located on adjacent property either
owned or leased by the same person or persons.
(23) "Importer" means a person who buys distilled spirits from a
distillery outside the state of Washington and imports such spirituous
liquor into the state for sale to the board or for export.
(24) "Imprisonment" means confinement in the county jail.
(25) "Liquor" includes the four varieties of liquor herein defined
(alcohol, spirits, wine, and beer), and all fermented, spirituous,
vinous, or malt liquor, or combinations thereof, and mixed liquor, a
part of which is fermented, spirituous, vinous or malt liquor, or
otherwise intoxicating; and every liquid or solid or semisolid or other
substance, patented or not, containing alcohol, spirits, wine, or beer,
and all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of alcohol by
weight shall be conclusively deemed to be intoxicating. Liquor does
not include confections or food products that contain one percent or
less of alcohol by weight.
(26) "Malt beverage" or "malt liquor" means any beverage such as
beer, ale, lager beer, stout, and porter obtained by the alcoholic
fermentation of an infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain or cereal in pure
water containing not more than eight percent of alcohol by weight, and
not less than one-half of one percent of alcohol by volume. For the
purposes of this title, any such beverage containing more than eight
percent of alcohol by weight shall be referred to as "strong beer."
(27) "Manufacturer" means a person engaged in the preparation of
liquor for sale, in any form whatsoever.
(28) "Nightclub" means an establishment that provides entertainment
and has as its primary source of revenue (a) the sale of alcohol for
consumption on the premises, (b) cover charges, or (c) both.
(29) "Package" means any container or receptacle used for holding
liquor.
(30) "Passenger vessel" means any boat, ship, vessel, barge, or
other floating craft of any kind carrying passengers for compensation.
(31) "Permit" means a permit for the purchase of liquor under this
title.
(32) "Person" means an individual, copartnership, association, or
corporation.
(33) "Physician" means a medical practitioner duly and regularly
licensed and engaged in the practice of his or her profession within
the state pursuant to chapter 18.71 RCW.
(34) "Prescription" means a memorandum signed by a physician and
given by him or her to a patient for the obtaining of liquor pursuant
to this title for medicinal purposes.
(35) "Public place" includes streets and alleys of incorporated
cities and towns; state or county or township highways or roads;
buildings and grounds used for school purposes; public dance halls and
grounds adjacent thereto; those parts of establishments where beer may
be sold under this title, soft drink establishments, public buildings,
public meeting halls, lobbies, halls and dining rooms of hotels,
restaurants, theatres, stores, garages and filling stations which are
open to and are generally used by the public and to which the public is
permitted to have unrestricted access; railroad trains, stages, and
other public conveyances of all kinds and character, and the depots and
waiting rooms used in conjunction therewith which are open to
unrestricted use and access by the public; publicly owned bathing
beaches, parks, and/or playgrounds; and all other places of like or
similar nature to which the general public has unrestricted right of
access, and which are generally used by the public.
(36) "Regulations" means regulations made by the board under the
powers conferred by this title.
(37) "Restaurant" means any establishment provided with special
space and accommodations where, in consideration of payment, food,
without lodgings, is habitually furnished to the public, not including
drug stores and soda fountains.
(38) "Sale" and "sell" include exchange, barter, and traffic; and
also include the selling or supplying or distributing, by any means
whatsoever, of liquor, or of any liquid known or described as beer or
by any name whatever commonly used to describe malt or brewed liquor or
of wine, by any person to any person; and also include a sale or
selling within the state to a foreign consignee or his or her agent in
the state. "Sale" and "sell" shall not include the giving, at no
charge, of a reasonable amount of liquor by a person not licensed by
the board to a person not licensed by the board, for personal use only.
"Sale" and "sell" also does not include a raffle authorized under RCW
9.46.0315: PROVIDED, That the nonprofit organization conducting the
raffle has obtained the appropriate permit from the board.
(39) "Service bar" means a fixed or portable table, counter, cart,
or similar work station primarily used to prepare, mix, serve, and sell
alcohol that is picked up by employees or customers. Customers may not
be seated or allowed to consume food or alcohol at a service bar.
(40) "Soda fountain" means a place especially equipped with
apparatus for the purpose of dispensing soft drinks, whether mixed or
otherwise.
(41) "Spirits" means any beverage which contains alcohol obtained
by distillation, except flavored malt beverages, but including wines
exceeding twenty-four percent of alcohol by volume.
(42) "Store" means a state liquor store established under this
title.
(43) "Tavern" means any establishment with special space and
accommodation for sale by the glass and for consumption on the
premises, of beer, as herein defined.
(44) "VIP airport lounge" means an establishment within an
international airport located beyond security checkpoints that provides
a special space to sit, relax, read, work, and enjoy beverages where
access is controlled by the VIP airport lounge operator and is
generally limited to the following classifications of persons:
(a) Airline passengers of any age whose admission is based on a
first-class, executive, or business class ticket;
(b) Airline passengers of any age who are qualified members or
allowed guests of certain frequent flyer or other loyalty incentive
programs maintained by airlines that have agreements describing the
conditions for access to the VIP airport lounge;
(c) Airline passengers of any age who are qualified members or
allowed guests of certain enhanced amenities programs maintained by
companies that have agreements describing the conditions for access to
the VIP airport lounge;
(d) Airport and airline employees, government officials, foreign
dignitaries, and other attendees of functions held by the airport
authority or airlines related to the promotion of business objectives
such as increasing international air traffic and enhancing foreign
trade where access to the VIP airport lounge will be controlled by the
VIP airport lounge operator; and
(e) Airline passengers of any age or airline employees whose
admission is based on a pass issued or permission given by the airline
for access to the VIP airport lounge.
(45) "VIP airport lounge operator" means an airline, port district,
or other entity operating a VIP airport lounge that: Is accountable
for compliance with the alcohol beverage control act under this title
((66 RCW)); holds the license under chapter 66.24 RCW issued to the VIP
airport lounge; and provides a point of contact for addressing any
licensing and enforcement by the board.
(46)(a) "Wine" means any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, et cetera) or other
agricultural product containing sugar, to which any saccharine
substances may have been added before, during or after fermentation,
and containing not more than twenty-four percent of alcohol by volume,
including sweet wines fortified with wine spirits, such as port,
sherry, muscatel, and angelica, not exceeding twenty-four percent of
alcohol by volume and not less than one-half of one percent of alcohol
by volume. For purposes of this title, any beverage containing no more
than fourteen percent of alcohol by volume when bottled or packaged by
the manufacturer shall be referred to as "table wine," and any beverage
containing alcohol in an amount more than fourteen percent by volume
when bottled or packaged by the manufacturer shall be referred to as
"fortified wine." However, "fortified wine" shall not include: (i)
Wines that are both sealed or capped by cork closure and aged two years
or more; and (ii) wines that contain more than fourteen percent alcohol
by volume solely as a result of the natural fermentation process and
that have not been produced with the addition of wine spirits, brandy,
or alcohol.
(b) This subsection shall not be interpreted to require that any
wine be labeled with the designation "table wine" or "fortified wine."
(47) "Wine distributor" means a person who buys wine from a
domestic winery, wine certificate of approval holder, or wine importer,
or who acquires foreign produced wine from a source outside of the
United States, for the purpose of selling the same not in violation of
this title, or who represents such vintner or winery as agent.
(48) "Wine importer" means a person or business within Washington
who purchases wine from a wine certificate of approval holder or who
acquires foreign produced wine from a source outside of the United
States for the purpose of selling the same pursuant to this title.
(49) "Winery" means a business conducted by any person for the
manufacture of wine for sale, other than a domestic winery.
Sec. 265 RCW 66.08.012 and 1961 c 307 s 7 are each amended to
read as follows:
There shall be a board, known as the "Washington state liquor
control board," consisting of three members, to be appointed by the
governor, with the consent of the senate, who shall each be paid an
annual salary to be fixed by the governor in accordance with the
provisions of RCW 43.03.040. The governor may, in his or her
discretion, appoint one of the members as ((chairman)) chair of the
board, and a majority of the members shall constitute a quorum of the
board.
Sec. 266 RCW 66.08.014 and 1986 c 105 s 1 are each amended to
read as follows:
(1) The members of the board to be appointed after December 2,
1948, shall be appointed for terms beginning January 15, 1949, and
expiring as follows: One member of the board for a term of three years
from January 15, 1949; one member of the board for a term of six years
from January 15, 1949; and one member of the board for a term of nine
years from January 15, 1949. Each of the members of the board
appointed hereunder shall hold office until his or her successor is
appointed and qualified. After June 11, 1986, the term that began on
January 15, 1985, will end on January 15, 1989, the term beginning on
January 15, 1988, will end on January 15, 1993, and the term beginning
on January 15, 1991, will end on January 15, 1997. Thereafter, upon
the expiration of the term of any member appointed after June 11, 1986,
each succeeding member of the board shall be appointed and hold office
for the term of six years. In case of a vacancy, it shall be filled by
appointment by the governor for the unexpired portion of the term in
which said vacancy occurs. No vacancy in the membership of the board
shall impair the right of the remaining member or members to act,
except as herein otherwise provided.
(2) The principal office of the board shall be at the state
capitol, and it may establish such other offices as it may deem
necessary.
(3) Any member of the board 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 and not subject to review by the supreme court. Removal of
any member of the board by the tribunal shall disqualify such member
for reappointment.
(4) Each member of the board shall devote his or her entire time to
the duties of his or her office and no member of the board shall hold
any other public office. Before entering upon the duties of his or her
office, each of said members of the board 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 board.
Sec. 267 RCW 66.08.022 and 1961 ex.s. c 6 s 2 are each amended to
read as follows:
The attorney general shall be the general counsel of the liquor
control board and he or she shall institute and prosecute all actions
and proceedings which may be necessary in the enforcement and carrying
out of the provisions of this chapter and this title ((66 RCW)).
He or she shall assign such assistants as may be necessary to the
exclusive duty of assisting the liquor control board in the enforcement
of this title ((66 RCW)).
Sec. 268 RCW 66.08.080 and 1994 c 154 s 313 are each amended to
read as follows:
Except as provided by chapter 42.52 RCW, no member of the board and
no employee of the board shall have any interest, directly or
indirectly, in the manufacture of liquor or in any liquor sold under
this title, or derive any profit or remuneration from the sale of
liquor, other than the salary or wages payable to him or her in respect
of his or her office or position, and shall receive no gratuity from
any person in connection with such business.
Sec. 269 RCW 66.08.100 and 1935 c 174 s 9 are each amended to
read as follows:
No court of the state of Washington other than the superior court
of Thurston county shall have jurisdiction over any action or
proceeding against the board or any member thereof for anything done or
omitted to be done in or arising out of the performance of his or her
or their duties under this title. Neither the board nor any member or
members thereof shall be personally liable in any action at law for
damages sustained by any person because of any acts performed or done
or omitted to be done by the board or any employee of the board in the
performance of his or her duties and in the administration of this
title.
Sec. 270 RCW 66.12.030 and 1933 ex.s. c 62 s 49 are each amended
to read as follows:
(1) Nothing in this title shall prevent any person licensed to
manufacture liquor from keeping liquor in his or her warehouse or place
of business.
(2) Nothing in this title shall prevent the transshipment of liquor
in interstate and foreign commerce; but no person shall import liquor
into the state from any other state or country, except, as herein
otherwise provided, for use or sale in the state, except the board.
(3) Every provision of this title which may affect transactions in
liquor between a person in this state and a person in another state or
in a foreign country shall be construed to affect such transactions so
far only as the legislature has power to make laws in relation thereto.
Sec. 271 RCW 66.12.070 and 1999 c 88 s 1 are each amended to read
as follows:
(1) Where a medicinal preparation contains liquor as one of the
necessary ingredients thereof, and also contains sufficient medication
to prevent its use as an alcoholic beverage, nothing in this title
shall apply to or prevent its composition or sale by a druggist when
compounded from liquor purchased by the druggist under a special permit
held by him or her, nor apply to or prevent the purchase or consumption
of the preparation by any person for strictly medicinal purposes.
(2) Where a toilet or culinary preparation, that is to say, any
perfume, lotion, or flavoring extract or essence, or dietary supplement
as defined by the federal food and drug administration, contains liquor
and also contains sufficient ingredient or medication to prevent its
use as a beverage, nothing in this title shall apply to or prevent the
sale or purchase of that preparation by any druggist or other person
who manufactures or deals in the preparation, nor apply to or prevent
the purchase or consumption of the preparation by any person who
purchases or consumes it for any toilet or culinary purpose.
(3) In order to determine whether any particular medicinal, toilet,
dietary supplement, or culinary preparation referred to in this section
contains sufficient ingredient or medication to prevent its use as an
alcoholic beverage, the board may cause a sample of the preparation,
purchased or obtained from any person whomsoever, to be analyzed by an
analyst appointed or designated by the board; and if it appears from a
certificate signed by the analyst that he or she finds the sample so
analyzed by him or her did not contain sufficient ingredient or
medication to prevent its use as an alcoholic beverage, the certificate
shall be conclusive evidence that the preparation, the sample of which
was so analyzed, is not a preparation the sale or purchase of which is
permitted by this section.
(4) Dietary supplements that contain more than one-half of one
percent alcohol which are prepared and sold under this section shall be
clearly labeled and the ingredients listed on the label in accordance
with the provisions of the federal food, drug, and cosmetics act (21
U.S.C. Sec. 321) as now or hereafter amended.
Sec. 272 RCW 66.12.110 and 1999 c 281 s 3 are each amended to
read as follows:
A person twenty-one years of age or over may bring into the state
from without the United States, free of tax and markup, for his or her
personal or household use such alcoholic beverages as have been
declared and permitted to enter the United States duty free under
federal law.
Such entry of alcoholic beverages in excess of that herein provided
may be authorized by the board upon payment of an equivalent markup and
tax as would be applicable to the purchase of the same or similar
liquor at retail from a Washington state liquor store. The board shall
adopt appropriate regulations pursuant to chapter 34.05 RCW for the
purpose of carrying out the provisions of this section. The board may
issue a spirits, beer, and wine private club license to a charitable or
nonprofit corporation of the state of Washington, the majority of the
officers and directors of which are United States citizens and the
minority of the officers and directors of which are citizens of the
Dominion of Canada, and where the location of the premises for such
spirits, beer, and wine private club license is not more than ten miles
south of the border between the United States and the province of
British Columbia.
Sec. 273 RCW 66.20.020 and 1933 ex.s. c 62 s 13 are each amended
to read as follows:
(1) Every permit shall be issued in the name of the applicant
therefor, and no permit shall be transferable, nor shall the holder of
any permit allow any other person to use the permit.
(2) No person shall apply in any false or fictitious name for the
issuance to him or her of a permit, and no person shall furnish a false
or fictitious address in his or her application for a permit.
(3) Nothing in this title shall be construed as limiting the right
of any minister, priest or rabbi, or religious organization from
obtaining wine for sacramental purposes directly from any source
whatsoever, whether from within the limits of the state of Washington
or from outside the state; nor shall any fee be charged, directly or
indirectly, for the exercise of this right. The board shall have the
power and authority to make reasonable rules and regulations concerning
the importing of any such liquor or wine, for the purpose of preventing
any unlawful use of such right.
Sec. 274 RCW 66.20.040 and 1933 ex.s. c 62 s 14 are each amended
to read as follows:
No permit shall be valid or be accepted or used for the purchase of
liquor until the applicant for the permit has written his or her
signature thereon in the prescribed manner, for the purposes of
identification as the holder thereof, in the presence of the employee
to whom the application is made.
Sec. 275 RCW 66.20.080 and 1933 ex.s. c 62 s 18 are each amended
to read as follows:
Upon receipt of notice of the suspension or cancellation of his or
her permit, the holder of the permit shall forthwith deliver up the
permit to the board. Where the permit has been suspended only, the
board shall return the permit to the holder at the expiration or
termination of the period of suspension. Where the permit has been
suspended or canceled, no employee shall knowingly issue to the person
whose permit is suspended or canceled a permit under this title until
the end of the period of suspension or within the period of one year
from the date of cancellation.
Sec. 276 RCW 66.20.090 and 1933 ex.s. c 62 s 19 are each amended
to read as follows:
Where any permit is presented to an employee by a person who is not
the holder of the permit, or where any permit which is suspended or
canceled is presented to an employee, the employee shall retain the
permit in his or her custody and shall forthwith notify the board of
the fact of its retention.
Sec. 277 RCW 66.20.100 and 1933 ex.s. c 62 s 20 are each amended
to read as follows:
Any physician who deems liquor necessary for the health of a
patient, whether an interdicted person or not, whom he or she has seen
or visited professionally may give to the patient a prescription
therefor, signed by the physician, or the physician may administer the
liquor to the patient, for which purpose the physician may administer
the liquor purchased by him or her under special permit and may charge
for the liquor so administered; but no prescription shall be given or
liquor be administered by a physician except to bona fide patients in
cases of actual need, and when in the judgment of the physician the use
of liquor as medicine in the quantity prescribed or administered is
necessary; and any physician who administers liquor in evasion or
violation of this title shall be guilty of a violation of this title.
Sec. 278 RCW 66.20.110 and 1933 ex.s. c 62 s 21 are each amended
to read as follows:
Any dentist who deems it necessary that any patient then under
treatment by him or her should be supplied with liquor as a stimulant
or restorative may administer to the patient the liquor so needed, and
for that purpose the dentist shall administer liquor obtained by him or
her under special permit pursuant to this title, and may charge for the
liquor so administered; but no liquor shall be administered by a
dentist except to bona fide patients in cases of actual need; and every
dentist who administers liquor in evasion or violation of this title
shall be guilty of a violation of this title.
Sec. 279 RCW 66.20.150 and 1933 ex.s. c 62 s 41 are each amended
to read as follows:
No person shall purchase or attempt to purchase liquor under a
permit which is suspended, or which has been canceled, or of which he
or she is not the holder.
Sec. 280 RCW 66.20.190 and 1981 1st ex.s. c 5 s 9 are each
amended to read as follows:
In addition to the presentation by the holder and verification by
the licensee or store employee of such card of identification, the
licensee or store employee who is still in doubt about the true age of
the holder shall require the person whose age may be in question to
sign a certification card and record an accurate description and serial
number of his or her card of identification thereon. Such statement
shall be upon a five-inch by eight-inch file card, which card shall be
filed alphabetically by the licensee or store employee at or before the
close of business on the day on which the statement is executed, in the
file box containing a suitable alphabetical index and the card shall be
subject to examination by any peace officer or agent or employee of the
board at all times. The certification card shall also contain in bold-face type a statement stating that the signer understands that
conviction for unlawful purchase of alcoholic beverages or misuse of
the certification card may result in criminal penalties including
imprisonment or fine or both.
Sec. 281 RCW 66.24.480 and 1951 c 120 s 2 are each amended to
read as follows:
"Bottle club" means a club or association operating for profit or
otherwise and conducting or maintaining premises in which the members
or other persons may resort for the primary or incidental purpose of
keeping or consuming liquor on the premises.
Except as permitted under a license issued by the Washington state
liquor control board, it is unlawful for any person to conduct or
maintain by himself or herself or by associating with others, or to in
any manner aid, assist, or abet in conducting or maintaining a bottle
club.
Sec. 282 RCW 66.28.130 and 1969 ex.s. c 112 s 2 are each amended
to read as follows:
It shall not be unlawful for a retail licensee whose premises are
open to the general public to sell, supply, or serve liquor to a person
for consumption on the licensed retail premises if said person is
standing or walking, nor shall it be unlawful for such licensee to
permit any said person so standing or walking to consume liquor on such
premises: PROVIDED HOWEVER, That the retail licensee of such a
premises may, at his or her discretion, promulgate a house rule that no
person shall be served nor allowed to consume liquor unless said person
is seated.
Sec. 283 RCW 66.32.060 and 1955 c 39 s 8 are each amended to read
as follows:
At the hearing, any person claiming any interest in any of the
articles seized may appear and be heard upon filing a written claim
setting forth particularly the character and extent of his or her
interest, and the burden shall rest upon the claimant to show, by
competent evidence, his or her property right or interest in the
articles claimed, and that they were not used in violation of any of
the provisions of this title, and were not in any manner kept or
possessed with the intention of violating any of its provisions.
Sec. 284 RCW 66.36.010 and 1939 c 172 s 9 are each amended to
read as follows:
Any room, house, building, boat, vehicle, structure, or place,
except premises licensed under this title, where liquor, as defined in
this title, is manufactured, kept, sold, bartered, exchanged, given
away, furnished, or otherwise disposed of in violation of the
provisions of this title or of the laws of this state relating to the
manufacture, importation, transportation, possession, distribution, and
sale of liquor, and all property kept in and used in maintaining such
a place, are hereby declared to be a common nuisance. The prosecuting
attorney of the county in which such nuisance is situated shall
institute and maintain an action in the superior court of such county
in the name of the state of Washington to abate and perpetually enjoin
such nuisance. The plaintiff shall not be required to give bond in
such action, and restraining orders, temporary injunctions, and
permanent injunctions may be granted in said cause as in other
injunction proceedings, and upon final judgment against the defendant,
such court may also order that said room, house, building, boat,
vehicle, structure, or place, shall be closed for a period of one year;
or until the owner, lessee, tenant, or occupant thereof shall give bond
with sufficient surety, to be approved by the court making the order,
in the penal sum of not less than one thousand dollars payable to the
state of Washington, and conditioned that liquor will not thereafter be
manufactured, kept, sold, bartered, exchanged, given away, furnished,
or otherwise disposed of thereon or therein in violation of the
provisions of this title or of the laws of this state relating to the
manufacture, importation, transportation, possession, distribution, and
sale of liquor, and that he or she will pay all fines, costs, and
damages assessed against him or her for any violation of this title or
of the laws of this state relating to the manufacture, importation,
transportation, possession, distribution, and sale of liquor. If any
condition of such bond be violated, the whole amount may be recovered
as a penalty for the use of the county wherein the premises are
situated.
In all cases where any person has been convicted of a violation of
this title or the laws of this state relating to the manufacture,
importation, transportation, possession, distribution, and sale of
liquor an action may be brought in the superior court of the county in
which the premises are situated, to abate as a nuisance any real estate
or other property involved in the commission of said offense, and in
any such action a certified copy of the record of such conviction shall
be admissible in evidence and prima facie evidence that the room,
house, building, boat, vehicle, structure, or place against which such
action is brought is a public nuisance.
Sec. 285 RCW 66.40.040 and 1933 ex.s. c 62 s 84 are each amended
to read as follows:
Any unit referred to in RCW 66.40.010 may hold such election upon
the question of whether the sale of liquor shall be permitted within
the boundaries of such unit, upon the filing with the county auditor of
the county within which such unit is located, of a petition subscribed
by qualified electors of the unit equal in number to at least thirty
percent of the electors voting at the last general election within such
unit. Such petition shall designate the unit in which the election is
desired to be had, the date upon which the election is desired to be
held, and the question that is desired to be submitted. The persons
signing such a petition shall state their post office address, the name
or number of the precinct in which they reside, and in case the
subscriber be a resident of a city, the street and house number, if
any, of his or her residence, and the date of signature. Said petition
shall be filed not less than sixty days nor more than ninety days prior
to the date upon which the election is to be held. No signature shall
be valid unless the above requirements are complied with, and unless
the date of signing the same is less than ninety days preceding the
date of filing. No signature shall be withdrawn after the filing of
such petition. Such petition may consist of one or more sheets and
shall be fastened together as one document, filed as a whole, and when
filed shall not be withdrawn or added to. Such petition shall be a
public document and shall be subject to the inspection of the public.
Upon the request of anyone filing such a petition and paying, or
tendering to the county auditor one dollar for each hundred names, or
fraction thereof, signed thereto, together with a copy thereof, said
county auditor shall immediately compare the original and copy and
attach to such copy and deliver to such person his or her official
certificate that such copy is a true copy of the original, stating the
date when such original was filed in his or her office; and said
officer shall furnish, upon the demand of any person, a copy of said
petition, upon payment of the same fee required for the filing of
original petitions.
Sec. 286 RCW 66.40.100 and 1933 ex.s. c 62 s 85 are each amended
to read as follows:
Upon the filing of a petition as hereinbefore provided, the county
auditor with whom it is filed shall cause the names on said petition to
be compared with the names on the voters' official registration records
provided for by law with respect to such unit. The officer or deputy
making the comparison shall place his or her initials in ink opposite
the signatures of those persons who are shown by such registration
records to be legal voters and shall certify that the signatures so
initialed are the signatures of legal voters of the state of Washington
and of said unit, and shall sign such certificate. In the event that
said petition, after such comparison, shall be found to have been
signed by the percentage of legal voters of said unit referred to in
RCW 66.40.040, the question shall be placed upon the ballot at the next
general election.
Sec. 287 RCW 66.40.110 and 1933 ex.s. c 62 s 86 are each amended
to read as follows:
Upon the ballot to be used at such general election the question
shall be submitted in the following form:
"Shall the sale of liquor be permitted within . . . . . . (here
specify the unit in which election is to be held)." Immediately below
said question shall be placed the alternative answers, as follows:
| "For sale of liquor . . . . . . . . . . . . | ( ) |
| Against sale of liquor . . . . . . . . . . . . | ( )." |
Sec. 288 RCW 66.40.140 and 1933 ex.s. c 62 s 88 are each amended
to read as follows:
Whenever a majority of qualified voters voting upon said question
in any such unit shall have voted "Against sale of liquor", the county
auditor shall file with the liquor control board a certificate showing
the result of the canvass at such election; and thereafter, except as
hereinafter provided, it shall not be lawful for a liquor store to be
operated therein nor for licensees to maintain and operate licensed
premises therein except as hereinafter provided:
(1) As to any stores maintained by the board within any such unit
at the time of such licensing, the board shall have a period of thirty
days from and after the date of the canvass of the vote upon such
election to continue operation of its store or stores therein.
(2) As to any premises licensed hereunder within any such unit at
the time of such election, such licensee shall have a period of sixty
days from and after the date of the canvass of the vote upon such
election in which to discontinue operation of its store or stores
therein.
(3) Nothing herein contained shall prevent any distillery, brewery,
rectifying plant or winery or the licensed operators thereof from
selling its manufactured product, manufactured within such unit,
outside the boundaries thereof.
(4) Nothing herein contained shall prevent any person residing in
any unit in which the sale of liquor shall have been forbidden by
popular vote as herein provided, who is otherwise qualified to receive
and hold a permit under this title, from lawfully purchasing without
the unit and transporting into or receiving within the unit, liquor
lawfully purchased by him or her outside the boundaries of such unit.
Sec. 289 RCW 66.44.090 and 1955 c 289 s 2 are each amended to
read as follows:
Any person doing any act required to be licensed under this title
without having in force a license issued to him or her shall be guilty
of a gross misdemeanor.
Sec. 290 RCW 66.44.140 and 1980 c 140 s 4 are each amended to
read as follows:
Every person who shall sell or offer for sale, or transport in any
manner, any spirituous liquor, without government stamp or seal
attached thereto, or who shall operate without a license, any still or
other device for the production of spirituous liquor, or shall have in
his or her possession or under his or her control any mash capable of
being distilled into spirituous liquor except as provided in RCW
66.12.130, shall be guilty of a gross misdemeanor and upon conviction
thereof shall upon his or her first conviction be fined not less than
five hundred dollars and confined in the county jail not less than six
months, and upon second and subsequent conviction shall be fined not
less than one thousand dollars and confined in the county jail not less
than one year.
Sec. 291 RCW 66.44.170 and 1955 c 289 s 7 are each amended to
read as follows:
Any person who keeps or possesses liquor upon his or her person or
in any place, or on premises conducted or maintained by him or her as
principal or agent with the intent to sell it contrary to provisions of
this title, shall be guilty of a violation of this title. The
possession of liquor by the principal or agent on premises conducted or
maintained, under federal authority, as a retail dealer in liquors,
shall be prima facie evidence of the intent to sell liquor.
Sec. 292 RCW 66.44.292 and 1981 1st ex.s. c 5 s 23 are each
amended to read as follows:
The Washington state liquor control board shall furnish
notification of any hearing or hearings held, wherein any licensee or
his or her employee is found to have sold liquor to a minor, to the
prosecuting attorney of the county in which the sale took place, upon
which the prosecuting attorney may formulate charges against said minor
or minors for such violation of RCW 66.44.290 as may appear.
Sec. 293 RCW 66.98.020 and 1933 ex.s. c 62 s 94 are each amended
to read as follows:
If any clause, part, or section of this act shall be adjudged
invalid, such judgment shall not affect nor invalidate the remainder of
the act, but shall be confined in its operation to the clause, part, or
section directly involved in the controversy in which such judgment was
rendered. If the operation of any clause, part, or section of this act
shall be held to impair the obligation of contract, or to deny to any
person any right or protection secured to him or her by the
Constitution of the United States of America, or by the Constitution of
the state of Washington, it is hereby declared that, had the invalidity
of such clause, part or section been considered at the time of the
enactment of this act, the remainder of the act would nevertheless have
been adopted without such and any and all such invalid clauses, parts,
or sections.
Sec. 294 RCW 67.04.010 and 1921 c 181 s 1 are each amended to
read as follows:
Any person who shall bribe or offer to bribe, any baseball player
with intent to influence his or her play, action, or conduct in any
baseball game, or any person who shall bribe or offer to bribe any
umpire of a baseball game, with intent to influence him or her to make
a wrong decision or to bias his or her opinion or judgment in relation
to any baseball game or any play occurring therein, or any person who
shall bribe or offer to bribe any manager, or other official of a
baseball club, league, or association, by whatsoever name called,
conducting said game of baseball to throw or lose a game of baseball,
shall be guilty of a gross misdemeanor.
Sec. 295 RCW 67.04.020 and 1921 c 181 s 2 are each amended to
read as follows:
Any baseball player who shall accept or agree to accept, a bribe
offered for the purpose of wrongfully influencing his or her play,
action, or conduct in any baseball game, or any umpire of a baseball
game who shall accept or agree to accept a bribe offered for the
purpose of influencing him or her to make a wrong decision, or biasing
his or her opinions, rulings or judgment with regard to any play, or
any manager of a baseball club, or club or league official, who shall
accept, or agree to accept, any bribe offered for the purpose of
inducing him or her to lose or cause to be lost any baseball game, as
set forth in RCW 67.04.010, shall be guilty of a gross misdemeanor.
Sec. 296 RCW 67.04.030 and 1921 c 181 s 3 are each amended to
read as follows:
To complete the offenses mentioned in RCW 67.04.010 and 67.04.020,
it shall not be necessary that the baseball player, manager, umpire, or
official, shall, at the time, have been actually employed, selected, or
appointed to perform ((their)) his or her respective duties; it shall
be sufficient if the bribe be offered, accepted, or agreed to with the
view of probable employment, selection, or appointment of the person to
whom the bribe is offered, or by whom it is accepted. Neither shall it
be necessary that such baseball player, umpire, or manager actually
play or participate in a game or games concerning which said bribe is
offered or accepted; it shall be sufficient if the bribe be given,
offered, or accepted in view of his or ((their)) her possibly
participating therein.
Sec. 297 RCW 67.04.040 and 1921 c 181 s 4 are each amended to
read as follows:
By a "bribe" as used in RCW 67.04.010 through 67.04.080, is meant
any gift, emolument, money or thing of value, testimonial, privilege,
appointment, or personal advantage, or the promise of either, bestowed
or promised for the purpose of influencing, directly or indirectly, any
baseball player, manager, umpire, club or league official, to see which
game an admission fee may be charged, or in which game of baseball any
player, manager, or umpire is paid any compensation for his or her
services. Said bribe as defined in RCW 67.04.010 through 67.04.080
need not be direct; it may be such as is hidden under the semblance of
a sale, bet, wager, payment of a debt, or in any other manner designed
to cover the true intention of the parties.
Sec. 298 RCW 67.04.050 and 1921 c 181 s 5 are each amended to
read as follows:
Any baseball player, manager, or club or league official who shall
commit any willful act of omission or commission in playing, or
directing the playing, of a baseball game, with intent to cause the
ball club, with which he or she is affiliated, to lose a baseball game;
or any umpire officiating in a baseball game, or any club or league
official who shall commit any willful act connected with his or her
official duties for the purpose and with the intent to cause a baseball
club to win or lose a baseball game, which it would not otherwise have
won or lost under the rules governing the playing of said game, shall
be guilty of a gross misdemeanor.
Sec. 299 RCW 67.04.070 and 1921 c 181 s 7 are each amended to
read as follows:
Nothing in RCW 67.04.010 through 67.04.080 shall be construed to
prohibit the giving or offering of any bonus or extra compensation to
any manager or baseball player by any person to encourage such manager
or player to a higher degree of skill, ability, or diligence in the
performance of his or her duties.
Sec. 300 RCW 67.04.090 and 1951 c 78 s 2 are each amended to read
as follows:
As used in RCW 67.04.090 through 67.04.150 the following terms
shall have the following meanings:
(1) "Minor" shall mean any person under the age of eighteen years,
and who has not graduated from high school: PROVIDED, That should he
or she become eighteen during his or her senior year he or she shall be
a minor until the end of the school year;
(2) "Contract" shall mean any contract, agreement, bonus, or
gratuity arrangement, whether oral or written;
(3) "Organized professional baseball" shall mean and include all
persons, firms, corporations, associations, or teams or clubs, or
agents thereof, engaged in professional baseball, or in promoting the
interest of professional baseball, or sponsoring or managing other
persons, firms, corporations, associations, teams, or clubs who play
baseball in any of the major or minor professional baseball leagues, or
any such league hereafter organized;
(4) "Agent" shall, in addition to its generally accepted legal
meaning, mean and include those persons commonly known as "baseball
scouts";
(5) "Prosecuting attorney" shall mean the prosecuting attorney, or
his or her regular deputy, of the county in which the minor's parent is
domiciled;
(6) "Parent" shall mean parent, parents, or guardian.
Sec. 301 RCW 67.04.120 and 1951 c 78 s 5 are each amended to read
as follows:
The prosecuting attorney shall have the authority to examine all
the parties to the proposed contract and any other interested person
and shall approve such contract if the following facts and
circumstances are found to exist:
(1) That the minor has not been signed, approached, or contacted,
directly or indirectly, pertaining to a professional baseball contract
except as herein permitted by approval of the prosecuting attorney;
(2) That the minor has been apprised of the fact that approval of
the contract may deprive him or her of his or her amateur status;
(3) That the parent of the minor and the minor have consented to
the contract;
(4) That the prosecuting attorney has concluded that the contract
conforms to the provisions of RCW 67.04.090 through 67.04.150, and is
a valid and binding contract;
(5) That the contract permits the minor to have at least five
months available each year to continue his or her high school
education.
Sec. 302 RCW 67.14.040 and 1973 1st ex.s. c 154 s 100 are each
amended to read as follows:
The legislative authorities of each county, in their respective
counties, shall have the power to grant license to persons to keep
drinking houses or saloons therein, at which spirituous, malt, or
fermented liquors and wines may be sold in less quantities than one
gallon; and such license shall be called a retail license upon the
payment, by the person applying for such license, of the sum of three
hundred dollars a year into the county treasury, and the execution of
a good and sufficient bond, executed to such county in the sum of one
thousand dollars, to be approved by such legislative authority or the
county auditor of the county in which such license is granted,
conditioned that he or she will keep such drinking saloon or house in
a quiet, peaceable, and orderly manner: PROVIDED, The foregoing shall
not be so construed as to prevent the legislative authority of any
county from granting licenses to drinking saloons or houses therein,
when there is but little business doing, for less than three hundred
dollars, but in no case for less than one hundred dollars per annum:
AND PROVIDED FURTHER, That such license shall be used only in the
precinct to which it shall be granted; PROVIDED FURTHER, that no
license shall be used in more than one place at the same time. AND
FURTHER PROVIDED, That no license shall be granted to any person to
retail spirituous liquors until he or she shall furnish to the
legislative authority satisfactory proof that he or she is a person of
good moral character.
Sec. 303 RCW 67.14.070 and 1873 p 439 s 7 are each amended to
read as follows:
Any person desiring a license to do any business provided by this
chapter that a license shall be taken out for doing, shall have the
same granted by paying to the county treasurer of the county where he
or she wishes to carry on such business the maximum sum that the county
commissioners are by this chapter authorized to fix therefor, and
executing such bond, to be approved by the county auditor, as is
provided in this chapter, shall be given before license shall issue for
carrying on such business.
Sec. 304 RCW 67.16.015 and 1977 c 75 s 80 are each amended to
read as follows:
The commission shall organize by electing one of its members
((chairman)) chair, and shall appoint and employ a secretary, and such
other clerical, office, and other help as is necessary in the
performance of the duties imposed upon it by this chapter. The
commission shall keep detailed records of all meetings and of the
business transacted therein, and of all the collections and
disbursements. The commission shall prepare and submit an annual
report to the governor. All records of the commission shall be public
records and as such, subject to public inspection.
Sec. 305 RCW 67.16.017 and 1984 c 287 s 100 are each amended to
read as follows:
Each member of the Washington horse racing commission shall be
compensated in accordance with RCW 43.03.250 and shall be reimbursed
for travel expenses in accordance with RCW 43.03.050 and 43.03.060 in
going to, attending, and returning from meetings of the commission, and
travel expenses incurred in the discharge of such duties as may be
requested of him or her by a majority vote of the commission, but in no
event shall a commissioner be paid in any one fiscal year in excess of
one hundred twenty days, except the ((chairman)) chair of the
commission who may be paid for not more than one hundred fifty days.
Sec. 306 RCW 67.70.030 and 1982 2nd ex.s. c 7 s 3 are each
amended to read as follows:
There is created the state lottery commission to consist of five
members appointed by the governor with the consent of the senate. Of
the initial members, one shall serve a term of two years, one shall
serve a term of three years, one shall serve a term of four years, one
shall serve a term of five years, and one shall serve a term of six
years. Their successors, all of whom shall be citizen members
appointed by the governor with the consent of the senate, upon being
appointed and qualified, shall serve six-year terms. No member of the
commission who has served a full six-year term is eligible for
reappointment. In case of a vacancy, it shall be filled by appointment
by the governor for the unexpired portion of the term in which the
vacancy occurs.
The governor shall designate one member of the commission to serve
as ((chairman)) chair at the governor's pleasure.
A majority of the members shall constitute a quorum for the
transaction of business.
Sec. 307 RCW 67.70.050 and 1998 c 245 s 106 are each amended to
read as follows:
There is created the office of director of the state lottery. The
director shall be appointed by the governor with the consent of the
senate. The director shall serve at the pleasure of the governor and
shall receive such salary as is determined by the governor, but in no
case may the director's salary be more than ninety percent of the
salary of the governor. The director shall:
(1) Supervise and administer the operation of the lottery in
accordance with the provisions of this chapter and with the rules of
the commission.
(2) Appoint such deputy and assistant directors as may be required
to carry out the functions and duties of his or her office: PROVIDED,
That the provisions of the state civil service law, chapter 41.06 RCW,
shall not apply to such deputy and assistant directors.
(3) Appoint such professional, technical, and clerical assistants
and employees as may be necessary to perform the duties imposed by this
chapter: PROVIDED, That the provisions of the state civil service law,
chapter 41.06 RCW, shall not apply to such employees as are engaged in
undercover audit or investigative work or security operations but shall
apply to other employees appointed by the director, except as provided
for in subsection (2) of this section.
(4) In accordance with the provisions of this chapter and the rules
of the commission, license as agents to sell or distribute lottery
tickets such persons as in his or her opinion will best serve the
public convenience and promote the sale of tickets or shares. The
director may require a bond from any licensed agent, in such amount as
provided in the rules of the commission. Every licensed agent shall
prominently display his or her license, or a copy thereof, as provided
in the rules of the commission. License fees may be established by the
commission, and, if established, shall be deposited in the state
lottery account created by RCW 67.70.230.
(5) Confer regularly as necessary or desirable with the commission
on the operation and administration of the lottery; make available for
inspection by the commission, upon request, all books, records, files,
and other information and documents of the lottery; and advise the
commission and recommend such matters as the director deems necessary
and advisable to improve the operation and administration of the
lottery.
(6) Subject to the applicable laws relating to public contracts,
enter into contracts for the operation of the lottery, or any part
thereof, and into contracts for the promotion of the lottery. No
contract awarded or entered into by the director may be assigned by the
holder thereof except by specific approval of the commission:
PROVIDED, That nothing in this chapter authorizes the director to enter
into public contracts for the regular and permanent administration of
the lottery after the initial development and implementation.
(7) Certify quarterly to the state treasurer and the commission a
full and complete statement of lottery revenues, prize disbursements,
and other expenses for the preceding quarter.
(8) Carry on a continuous study and investigation of the lottery
throughout the state: (a) For the purpose of ascertaining any defects
in this chapter or in the rules issued thereunder by reason whereof any
abuses in the administration and operation of the lottery or any
evasion of this chapter or the rules may arise or be practiced, (b) for
the purpose of formulating recommendations for changes in this chapter
and the rules promulgated thereunder to prevent such abuses and
evasions, (c) to guard against the use of this chapter and the rules
issued thereunder as a cloak for the carrying on of professional
gambling and crime, and (d) to ensure that this chapter and rules shall
be in such form and be so administered as to serve the true purposes of
this chapter.
(9) Make a continuous study and investigation of: (a) The
operation and the administration of similar laws which may be in effect
in other states or countries, (b) the operation of an additional game
or games for the benefit of a particular program or purpose, (c) any
literature on the subject which from time to time may be published or
available, (d) any federal laws which may affect the operation of the
lottery, and (e) the reaction of the citizens of this state to existing
and potential features of the lottery with a view to recommending or
effecting changes that will tend to serve the purposes of this chapter.
(10) Have all enforcement powers granted in chapter 9.46 RCW.
(11) Perform all other matters and things necessary to carry out
the purposes and provisions of this chapter.
Sec. 308 RCW 67.70.070 and 1982 2nd ex.s. c 7 s 7 are each
amended to read as follows:
No license as an agent to sell lottery tickets or shares may be
issued to any person to engage in business exclusively as a lottery
sales agent. Before issuing a license, the director shall consider
such factors as: (1) The financial responsibility and security of the
person and his or her business or activity, (2) the accessibility of
his or her place of business or activity to the public, (3) the
sufficiency of existing licenses to serve the public convenience, and
(4) the volume of expected sales.
For purposes of this section, the term "person" means an
individual, association, corporation, club, trust, estate, society,
company, joint stock company, receiver, trustee, assignee, referee, or
any other person acting in a fiduciary or representative capacity,
whether appointed by a court or otherwise, and any combination of
individuals. "Person" does not mean any department, commission,
agency, or instrumentality of the state, or any county or municipality
or any agency or instrumentality thereof, except for retail outlets of
the state liquor control board.
Sec. 309 RCW 67.70.200 and 1987 c 511 s 9 are each amended to
read as follows:
The director, in his or her discretion, may require any or all
lottery sales agents to deposit to the credit of the state lottery
account in banks designated by the state treasurer, all moneys
received by such agents from the sale of lottery tickets or shares,
less the amount, if any, retained as compensation for the sale of the
tickets or shares, and to file with the director or his or her
designated agents, reports of their receipts and transactions in the
sale of lottery tickets in such form and containing such information as
he or she may require. The director may make such arrangements for any
person, including a bank, to perform such functions, activities, or
services in connection with the operation of the lottery as he or she
may deem advisable pursuant to this chapter and the rules of the
commission, and such functions, activities, or services shall
constitute lawful functions, activities, and services of such person.
Sec. 310 RCW 67.70.290 and 1982 2nd ex.s. c 7 s 29 are each
amended to read as follows:
The state auditor shall conduct an annual postaudit of all accounts
and transactions of the lottery and such other special postaudits as he
or she may be directed to conduct pursuant to chapter 43.09 RCW.
Sec. 311 RCW 68.40.085 and 1953 c 290 s 24 are each amended to
read as follows:
It is a misdemeanor for any cemetery authority, its officers,
employees, or agents, or a cemetery broker or ((salesman)) salesperson
to represent that an endowment care fund, or any other fund set up for
maintaining care, is perpetual.
Sec. 312 RCW 68.40.090 and 1987 c 331 s 39 are each amended to
read as follows:
Any person, partnership, corporation, association, or his or her or
its agents or representatives who shall violate any of the provisions
of this chapter or make any false statement appearing on any sign,
contract, agreement, receipt, statement, literature, or other
publication shall be guilty of a misdemeanor.
Sec. 313 RCW 68.44.030 and 1985 c 30 s 138 are each amended to
read as follows:
Endowment care funds shall be kept invested in accordance with the
provisions of RCW 11.100.020 subject to the following restrictions:
(1) No officer or director of the cemetery authority, trustee of
the endowment care or special care funds, or spouse, sibling, parent,
grandparent, or issue of such officer, director, or trustee, shall
borrow any of such funds for himself or herself, directly or
indirectly.
(2) No funds shall be loaned to the cemetery authority, its agents,
or employees, or to any corporation, partnership, or other business
entity in which the cemetery authority has any ownership interest.
(3) No funds shall be invested with persons or business entities
operating in a business field directly related to cemeteries,
including, but not limited to, mortuaries, monument production and
sales, florists, and rental of funeral facilities.
(4) Notwithstanding any other provisions contained in this section,
funds may be invested in any commercial bank, mutual savings bank, or
savings and loan association duly chartered and operating under the
laws of the United States or statutes of the state of Washington.
Sec. 314 RCW 68.50.040 and 1917 c 90 s 6 are each amended to read
as follows:
Duplicate lists of all jewelry, moneys, papers, and other personal
property of the deceased shall be made immediately upon finding the
same by the coroner or his or her assistants. The original of such
lists shall be kept as a public record at the morgue and the duplicate
thereof shall be forthwith duly certified to by the coroner and filed
with the county auditor.
Sec. 315 RCW 68.50.060 and 1891 c 123 s 1 are each amended to
read as follows:
Any physician or surgeon of this state, or any medical student
under the authority of any such physician or surgeon, may obtain, as
hereinafter provided, and have in his or her possession human dead
bodies, or the parts thereof, for the purposes of anatomical inquiry or
instruction.
Sec. 316 RCW 68.50.080 and 1891 c 123 s 3 are each amended to
read as follows:
Every physician or surgeon before receiving the dead body must give
to the board or officer surrendering the same to him or her a
certificate from the medical society of the county in which he or she
resides, or if there is none, from the board of supervisors of the
same, that he or she is a fit person to receive such dead body. He or
she must also give a bond with two sureties, that each body so by him
or her received will be used only for the promotion of anatomical
science, and that it will be used for such purpose in this state only,
and so as in no event to outrage the public feeling.
Sec. 317 RCW 68.50.102 and 1953 c 188 s 12 are each amended to
read as follows:
Any party by showing just cause may petition the court to have
autopsy made and results thereof made known to said party at his or her
own expense.
Sec. 318 RCW 68.50.300 and 1981 c 176 s 2 are each amended to
read as follows:
(1) The county coroner, medical examiner, or prosecuting attorney
having jurisdiction may in such official's discretion release
information concerning a person's death to the media and general
public, in order to aid in identifying the deceased, when the identity
of the deceased is unknown to the official and when he or she does not
know the information to be readily available through other sources.
(2) The county coroner, medical examiner, or prosecuting attorney
may withhold any information which directly or indirectly identifies a
decedent until either:
(a) A notification period of forty-eight hours has elapsed after
identification of the decedent by such official; or
(b) The next of kin of the decedent has been notified.
During the forty-eight hour notification period, such official
shall make a good faith attempt to locate and notify the next of kin of
the decedent.
Sec. 319 RCW 68.52.120 and 1947 c 6 s 4 are each amended to read
as follows:
A copy of the petition with the names of petitioners omitted,
together with a notice signed by the clerk of the board of county
commissioners stating the day, hour, and place of the hearing, shall be
published in three consecutive weekly issues of the official newspaper
of the county prior to the date of hearing. Said clerk shall also
cause a copy of the petition with the names of petitioners omitted,
together with a copy of the notice attached, to be posted for not less
than fifteen days before the date of hearing in each of three public
places within the boundaries of the proposed district, to be previously
designated by him or her and made a matter of record in the
proceedings.
Sec. 320 RCW 68.52.260 and 1986 c 167 s 24 are each amended to
read as follows:
Each cemetery commissioner, before assuming the duties of his or
her office, shall take and subscribe an official oath to faithfully
discharge the duties of his or her office, which oath shall be filed in
the office of the county auditor.
Sec. 321 RCW 68.52.270 and 1947 c 6 s 19 are each amended to read
as follows:
The board of cemetery district commissioners shall organize and
elect a ((chairman)) chair from ((their)) its number and shall appoint
a secretary for such term as ((they)) the board may determine. The
secretary shall keep a record of proceedings of the board and perform
such other duties as may be prescribed by law or by the board, and
shall also take and subscribe an oath for the faithful discharge of his
or her duties, which shall be filed with the county clerk. The office
of the board of cemetery commissioners and principal place of business
of the district shall be at some place in the district designated by
the board. The board shall hold regular monthly meetings at its office
on such day as it may by resolution determine and may adjourn such
meetings as may be required for the transaction of business. Special
meetings of the board may be called at any time by a majority of the
commissioners or by the secretary and the ((chairman)) chair of the
board. Any commissioner not joining in the call of a special meeting
shall be entitled to three days written notice by mail of such meeting,
specifying generally the business to be transacted. All meetings of
the board of cemetery commissioners shall be public and a majority
shall constitute a quorum. All records of the board shall be open to
the inspection of any elector of the district at any meeting of the
board. The board shall adopt a seal for the district; manage and
conduct the affairs of the district; make and execute all necessary
contracts; employ any necessary service, and promulgate reasonable
rules and regulations for the government of the district and the
performance of its functions and generally perform all acts which may
be necessary to carry out the purposes for which the district was
formed.
Sec. 322 RCW 68.54.040 and 1969 ex.s. c 78 s 4 are each amended
to read as follows:
The board of the merger district may, by resolution, reject the
petition, or it may concur therein as presented, or it may modify the
terms and conditions of the proposed merger, and shall transmit the
petition, together with a copy of its resolution thereon to the merging
district. If the petition is concurred in as presented or as modified,
the board of the merging district shall forthwith present the petition
to the auditor of the county in which the merging district is situated,
who shall within thirty days examine the signatures thereon and certify
to the sufficiency or insufficiency thereof, and for that purpose he or
she shall have access to all registration books and records in the
possession of the registration officers of the election precincts
included, in whole or in part, within the merging district. Such books
and records shall be prima facie evidence of truth of the certificate.
No signatures may be withdrawn from the petition after the filing.
Sec. 323 RCW 68.54.050 and 1969 ex.s. c 78 s 5 are each amended
to read as follows:
If the auditor finds that the petition contains the signatures of
a sufficient number of qualified electors, he or she shall return it,
together with his or her certificate of sufficiency attached thereto,
to the board of the merging district. Thereupon such board shall adopt
a resolution, calling a special election in the merging district, at
which shall be submitted to the electors thereof, the question of the
merger.
Sec. 324 RCW 68.54.070 and 1969 ex.s. c 78 s 7 are each amended
to read as follows:
If three-fifths of all the qualified electors in the merging
district sign the petition to merge, no election on the question of the
merger is necessary. In such case, the auditor shall return the
petition, together with his or her certificate of sufficiency attached
thereto, to the board of the merging district. Thereupon the boards of
the respective districts shall adopt their concurrent resolutions of
merger in the same manner and to the same effect as if the merger had
been authorized by an election.
Sec. 325 RCW 68.54.110 and 1969 ex.s. c 78 s 11 are each amended
to read as follows:
If three-fifths of all the qualified electors in the area to be
merged sign a petition to merge the districts, no election on the
question of the merger is necessary, in which case the auditor shall
return the petition, together with his or her certificate of
sufficiency attached thereto, to the boards of the merging districts.
Thereupon the boards of the respective districts shall adopt their
concurrent resolutions of transfer in the same manner and to the same
effect as if the same had been authorized by an election.
Sec. 326 RCW 68.56.020 and 1943 c 247 s 37 are each amended to
read as follows:
Any person violating any provision of RCW ((68.48.010)) 68.56.010
is liable, in a civil action by and in the name of the cemetery
authority, to pay all damages occasioned by his or her unlawful acts.
The sum recovered shall be applied in payment for the repair and
restoration of the property injured or destroyed.
Sec. 327 RCW 68.56.060 and 1943 c 247 s 55 are each amended to
read as follows:
The sexton, superintendent, or other person in charge of a
cemetery, and such other persons as the cemetery authority designates
have the authority of a police officer for the purpose of maintaining
order, enforcing the rules and regulations of the cemetery association,
the laws of the state, and the ordinances of the city or county, within
the cemetery over which he or she has charge, and within such radius as
may be necessary to protect the cemetery property.
Sec. 328 RCW 69.04.006 and 1945 c 257 s 7 are each amended to
read as follows:
The term "director" means the director of the department of
agriculture of the state of Washington and his or her duly authorized
representatives.
Sec. 329 RCW 69.04.080 and 1945 c 257 s 26 are each amended to
read as follows:
No person shall be subject to the penalties of RCW 69.04.060:
(1) For having violated RCW 69.04.040(3), if he or she establishes
that he or she received and sold such article in good faith, unless he
or she refuses on request of the director to furnish the name and
address of the person in the state of Washington from whom he or she
received such article and copies of all available documents pertaining
to his or her receipt thereof; or
(2) For having violated RCW 69.04.040 (1), (3), or (4), if he or
she establishes a guaranty or undertaking signed by, and containing the
name and address of, the person in the state of Washington from whom he
or she received such article in good faith, to the effect that such
article complies with this chapter; or
(3) For having violated RCW 69.04.040(5), if he or she establishes
a guaranty or undertaking signed by, and containing the name and
address of, the person in the state of Washington from whom he or she
received such advertisement in good faith, to the effect that such
advertisement complies with this chapter; or
(4) For having violated RCW 69.04.040(9), if he or she establishes
that he or she gave such guaranty or undertaking in good faith and in
reliance on a guaranty or undertaking to him or her, which guaranty or
undertaking was to the same effect and was signed by, and contained the
name and address of, a person in the state of Washington.
Sec. 330 RCW 69.04.090 and 1945 c 257 s 27 are each amended to
read as follows:
No publisher, radio broadcast licensee, advertising agency, or
agency or medium for the dissemination of an advertisement, except the
manufacturer, packer, distributor, or seller of the article to which
the advertisement relates, shall be subject to the penalties of RCW
69.04.060 by reason of his or her dissemination of any false
advertisement, unless he or she has refused on the request of the
director to furnish the name and address of the manufacturer, packer,
distributor, seller, or advertising agency in the state of Washington,
who caused him or her to disseminate such false advertisement.
Sec. 331 RCW 69.04.160 and 1945 c 257 s 34 are each amended to
read as follows:
(1) It shall be the duty of each state attorney, county attorney,
or city attorney to whom the director reports any violation of this
chapter, or regulations promulgated under it, to cause appropriate
proceedings to be instituted in the proper courts, without delay, and
to be duly prosecuted as prescribed by law.
(2) Before any violation of this chapter is reported by the
director to any such attorney for the institution of a criminal
proceeding, the person against whom such proceeding is contemplated
shall be given appropriate notice and an opportunity to present his or
her views to the director, either orally or in writing, with regard to
such contemplated proceeding.
Sec. 332 RCW 69.04.170 and 1945 c 257 s 35 are each amended to
read as follows:
Nothing in this chapter shall be construed as requiring the
director to report for the institution of proceedings under this
chapter, minor violations of this chapter, whenever he or she believes
that the public interest will be adequately served in the circumstances
by a suitable written notice or warning.
Sec. 333 RCW 69.04.190 and 1945 c 257 s 37 are each amended to
read as follows:
Whenever in the judgment of the director such action will promote
honesty and fair dealing in the interest of consumers, he or she shall
promulgate regulations fixing and establishing for any food, under its
common or usual name so far as practicable, a reasonable definition and
standard of identity, a reasonable standard of quality, and/or
reasonable standards of fill of container. In prescribing any standard
of fill of container, consideration shall be given to and due allowance
shall be made for product or volume shrinkage or expansion unavoidable
in good commercial practice, and need for packing and protective
material. In prescribing any standard of quality for any canned fruit
or canned vegetable, consideration shall be given to and due allowance
shall be made for the differing characteristics of the several
varieties thereof. In prescribing a definition and standard of
identity for any food or class of food in which optional ingredients
are permitted, the director shall, for the purpose of promoting honesty
and fair dealing in the interest of consumers, designate the optional
ingredients which shall be named on the label.
Sec. 334 RCW 69.04.206 and 1971 c 49 s 2 are each amended to read
as follows:
The director of the department of agriculture is hereby authorized
to promulgate rules, regulations, and standards for the implementation
of RCW 69.04.205 through 69.04.207. If the director has reason to
believe that any packaging method, package, or container in use or
proposed for use with respect to the marketing of bacon is false or
misleading in any particular, or does not meet the requirements of RCW
69.04.205, he or she may direct that such use be withheld unless the
packaging method, package, or container is modified in such manner as
he of she may prescribe so that it will not be false or misleading. If
the person, firm, or corporation using or proposing to use the
packaging method, package, or container does not accept the
determination of the director such person, firm, or corporation may
request a hearing, but the use of the packaging method, package, or
container shall, if the director so directs, be withheld pending
hearing and final determination by the director. Any such
determination by the director shall be conclusive unless, within thirty
days after receipt of notice of such final determination, the person,
firm, or corporation adversely affected thereby appeals to a court of
proper jurisdiction.
Sec. 335 RCW 69.04.350 and 1945 c 257 s 53 are each amended to
read as follows:
Whenever the director finds after investigation that the
distribution in intrastate commerce of any class of food may, by reason
of contamination with micro-organisms during the manufacture,
processing, or packing thereof in any locality, be injurious to health,
and that such injurious nature cannot be adequately determined after
such articles have entered intrastate commerce, he or she then, and in
such case only, shall promulgate regulations providing for the
issuance, to manufacturers, processors, or packers of such class of
food in such locality, of permits to which shall be attached such
conditions governing the manufacture, processing, or packing of such
class of food, for such temporary period of time, as may be necessary
to protect the public health; and after the effective date of such
regulations, and during such temporary period, no person shall
introduce or deliver for introduction into intrastate commerce, any
such food manufactured, processed, or packed by any such manufacturer,
processor, or packer unless such manufacturer, processor, or packer
holds a permit issued by the director as provided by such regulations.
Insofar as practicable, such regulations shall conform with, shall
specify the conditions prescribed by, and shall remain in effect only
so long as those promulgated under section 404(a) of the federal act.
Sec. 336 RCW 69.04.390 and 1963 c 198 s 2 are each amended to
read as follows:
Any poisonous or deleterious substance added to any food, except
where such substance is required in the production thereof or cannot be
avoided by good manufacturing practice, shall be deemed unsafe for
purposes of the application of ((clause (2)(a) of)) RCW
69.04.210(2)(a); but when such substance is so required or cannot be so
avoided, the director shall promulgate regulations limiting the
quantity therein or thereon to such extent as he or she finds necessary
for the protection of public health, and any quantity exceeding the
limits so fixed shall also be deemed unsafe for purposes of the
application of ((clause (2)(a) of)) RCW 69.04.210(2)(a). While such a
regulation is in effect limiting the quantity of any such substance in
the case of any food, such food shall not, by reason of bearing or
containing any added amount of such substance, be considered to be
adulterated within the meaning of ((clause (1) of)) RCW 69.04.210(1).
In determining the quantity of such added substance to be tolerated in
or on different articles of food, the director shall take into account
the extent to which the use of such substance is required or cannot be
avoided in the production of each such article, and the other ways in
which the consumer may be affected by the same or other poisonous or
deleterious substances.
Sec. 337 RCW 69.04.392 and 1975 1st ex.s. c 7 s 26 are each
amended to read as follows:
(1) Any poisonous or deleterious pesticide chemical, or any
pesticide chemical which generally is recognized among experts
qualified by scientific training and experience to evaluate the safety
of pesticide chemicals as unsafe for use, added to a raw agricultural
commodity, shall be deemed unsafe for the purpose of the application of
((clause (2) of)) RCW 69.04.210(2)(a) unless:
(a) A tolerance for such pesticide chemical in or on the raw
agricultural commodity has been prescribed pursuant to subsection (2)
((hereof)) of this section and the quantity of such pesticide chemical
in or on the raw agricultural commodity is within the limits of the
tolerance so prescribed; or
(b) With respect to use in or on such raw agricultural commodity,
the pesticide chemical has been exempted from the requirement of a
tolerance pursuant to subsection (2) ((hereof)) of this section.
While a tolerance or exemption from tolerance is in effect for a
pesticide chemical with respect to any raw agricultural commodity, such
raw agricultural commodity shall not, by reason of bearing or
containing any added amount of such pesticide chemical, be considered
to be adulterated within the meaning of ((clause (1) of)) RCW
69.04.210(1).
(2) The regulations promulgated under section 408 of the federal
food, drug and cosmetic act, as of July 1, 1975, setting forth the
tolerances for pesticide chemicals in or on any raw agricultural
commodity, are hereby adopted as the regulations for tolerances
applicable to this chapter: PROVIDED, That the director is hereby
authorized to adopt by regulation any new or future amendments to such
federal regulations for tolerances, including exemption from tolerance
and zero tolerances, to the extent necessary to protect the public
health. The director is also authorized to issue regulations in the
absence of federal regulations and to prescribe therein tolerances for
pesticides, exemptions, and zero tolerances, upon his or her own motion
or upon the petition of any interested party requesting that such a
regulation be established. It shall be incumbent upon such petitioner
to establish, by data submitted to the director, that a necessity
exists for such regulation and that the effect of such regulation will
not be detrimental to the public health. If the data furnished by the
petitioner is not sufficient to allow the director to determine whether
such a regulation should be promulgated, the director may require
additional data to be submitted and failure to comply with this request
shall be sufficient grounds to deny the request of the petitioner for
the issuance of such regulation.
(3) In adopting any new or amended tolerances by regulation issued
pursuant to this section, the director shall give appropriate
consideration, among other relevant factors, to the following: (a) The
purpose of this chapter being to promote uniformity of state
legislation with the federal act; (b) the necessity for the production
of an adequate, wholesome, and economical food supply; (c) the other
ways in which the consumer may be affected by the same pesticide
chemical or by other related substances that are poisonous or
deleterious; and (d) the opinion of experts qualified by scientific
training and experience to determine the proper tolerance to be allowed
for any pesticide chemical.
Sec. 338 RCW 69.04.570 and 1945 c 257 s 75 are each amended to
read as follows:
No person shall introduce or deliver for introduction into
intrastate commerce any new drug which is subject to section 505 of the
federal act unless an application with respect to such drug has become
effective thereunder. No person shall introduce or deliver for
introduction into intrastate commerce any new drug which is not subject
to section 505 of the federal act, unless (1) it has been found, by
appropriate tests, that such drug is not unsafe for use under the
conditions prescribed, recommended, or suggested in the labeling
thereof; and (2) an application has been filed under this section of
this chapter with respect to such drug: PROVIDED, That the requirement
of ((clause)) subsection (2) of this section shall not apply to any
drug introduced into intrastate commerce at any time prior to the
enactment of this chapter or introduced into interstate commerce at any
time prior to the enactment of the federal act: PROVIDED FURTHER, That
if the director finds that the requirement of ((clause)) subsection (2)
of this section as applied to any drug or class of drugs, is not
necessary for the protection of the public health, he or she shall
promulgate regulations of exemption accordingly.
Sec. 339 RCW 69.04.600 and 1945 c 257 s 78 are each amended to
read as follows:
If the director finds, upon the basis of the information before him
or her and after due notice and opportunity for hearing to the
applicant, that the drug, subject to the application, is not safe for
use under the conditions prescribed, recommended, or suggested in the
labeling thereof, he or she shall, prior to such effective date, issue
an order refusing to permit such application to become effective and
stating the findings upon which it is based.
Sec. 340 RCW 69.04.620 and 1945 c 257 s 80 are each amended to
read as follows:
Orders of the director issued under RCW 69.04.600 shall be served
(1) in person by a duly authorized representative of the director or
(2) by mailing the order by registered mail addressed to the applicant
or respondent at his or her address last known to the director.
Sec. 341 RCW 69.04.750 and 1945 c 257 s 93 are each amended to
read as follows:
Hearings authorized or required by this chapter shall be conducted
by the director or his or her duly authorized representative designated
for the purpose.
Sec. 342 RCW 69.04.790 and 1945 c 257 s 97 are each amended to
read as follows:
Where a sample or specimen of any such article is taken for
examination under this chapter, the director shall, upon request,
provide a part thereof for examination by any person named on the label
of such article, or the owner thereof, or his or her attorney or agent;
except that the director is authorized, by regulation, to make such
reasonable exceptions from, and to impose such reasonable terms and
conditions relating to, the operation of this section as he or she
finds necessary for the proper administration of the provisions of this
chapter.
Sec. 343 RCW 69.04.840 and 1945 c 257 s 102 are each amended to
read as follows:
The director may cause to be disseminated information regarding
food, drugs, devices, or cosmetics in situations involving, in the
opinion of the director, imminent danger to health or gross deception
of, or fraud upon, the consumer. Nothing in this section shall be
construed to prohibit the director from collecting, reporting, and
illustrating the results of his or her examinations and investigations
under this chapter.
Sec. 344 RCW 69.04.915 and 1989 1st ex.s. c 9 s 225 are each
amended to read as follows:
The director of the department of agriculture shall by rule and
regulation establish uniform standards for pull date labeling, and
optimum storage conditions of perishable packaged food goods. In
addition to his or her other duties, the director, in consultation with
the secretary of the department of health where appropriate, may
promulgate such other rules and regulations as may be necessary to
carry out the purposes of RCW 69.04.900 through 69.04.920.
Sec. 345 RCW 69.07.060 and 1991 c 137 s 5 are each amended to
read as follows:
The director may, subsequent to a hearing thereon, deny, suspend,
or revoke any license provided for in this chapter if he or she
determines that an applicant has committed any of the following acts:
(1) Refused, neglected, or failed to comply with the provisions of
this chapter, the rules and regulations adopted hereunder, or any
lawful order of the director.
(2) Refused, neglected, or failed to keep and maintain records
required by this chapter, or to make such records available when
requested pursuant to the provisions of this chapter.
(3) Refused the department access to any portion or area of the
food processing plant for the purpose of carrying out the provisions of
this chapter.
(4) Refused the department access to any records required to be
kept under the provisions of this chapter.
(5) Refused, neglected, or failed to comply with any provisions of
chapter 69.04 RCW, Washington food, drug, and cosmetic act, or any
regulations adopted thereunder.
The provisions of this section requiring that a hearing be
conducted before an action may be taken against a license do not apply
to an action taken under RCW 69.07.065.
Sec. 346 RCW 69.25.080 and 1975 1st ex.s. c 201 s 9 are each
amended to read as follows:
(1) For the purpose of preventing the entry into or movement in
intrastate commerce of any egg product which is capable of use as human
food and is misbranded or adulterated, the director shall, whenever
processing operations are being conducted, unless under inspection by
the United States department of agriculture, cause continuous
inspection to be made, in accordance with the regulations promulgated
under this chapter, of the processing of egg products, in each plant
processing egg products for commerce, unless exempted under RCW
69.25.170. Without restricting the application of the preceding
sentence to other kinds of establishments within its provisions, any
food manufacturing establishment, institution, or restaurant which uses
any eggs that do not meet the requirements of RCW 69.25.170(1)(a) in
the preparation of any articles for human food, shall be deemed to be
a plant processing egg products, with respect to such operations.
(2) The director, at any time, shall cause such retention,
segregation, and reinspection as he or she deems necessary of eggs and
egg products capable of use as human food in each official plant.
(3) Eggs and egg products found to be adulterated at official
plants shall be condemned, and if no appeal be taken from such
determination or condemnation, such articles shall be destroyed for
human food purposes under the supervision of an inspector: PROVIDED,
That articles which may by reprocessing be made not adulterated need
not be condemned and destroyed if so reprocessed under the supervision
of an inspector and thereafter found to be not adulterated. If an
appeal be taken from such determination, the eggs or egg products shall
be appropriately marked and segregated pending completion of an appeal
inspection, which appeal shall be at the cost of the appellant if the
director determines that the appeal is frivolous. If the determination
of condemnation is sustained, the eggs or egg products shall be
destroyed for human food purposes under the supervision of an
inspector.
(4) The director shall cause such other inspections to be made of
the business premises, facilities, inventory, operations, and records
of egg handlers, and the records and inventory of other persons
required to keep records under RCW 69.25.140, as he or she deems
appropriate (and in the case of shell egg packers, packing eggs for the
ultimate consumer, at least once each calendar quarter) to assure that
only eggs fit for human food are used for such purpose, and otherwise
to assure compliance by egg handlers and other persons with the
requirements of RCW 69.25.140, except that the director shall cause
such inspections to be made as he or she deems appropriate to assure
compliance with such requirements at food manufacturing establishments,
institutions, and restaurants, other than plants processing egg
products. Representatives of the director shall be afforded access to
all such places of business for purposes of making the inspections
provided for in this chapter.
Sec. 347 RCW 69.25.100 and 1975 1st ex.s. c 201 s 11 are each
amended to read as follows:
(1) Egg products inspected at any official plant under the
authority of this chapter and found to be not adulterated shall be
pasteurized before they leave the official plant, except as otherwise
permitted by regulations of the director, and shall at the time they
leave the official plant, bear in distinctly legible form on their
shipping containers or immediate containers, or both, when required by
regulations of the director, the official inspection legend and
official plant number, of the plant where the products were processed,
and such other information as the director may require by regulations
to describe the products adequately and to assure that they will not
have false or misleading labeling.
(2) No labeling or container shall be used for egg products at
official plants if it is false or misleading or has not been approved
as required by the regulations of the director. If the director has
reason to believe that any labeling or the size or form of any
container in use or proposed for use with respect to egg products at
any official plant is false or misleading in any particular, he or she
may direct that such use be withheld unless the labeling or container
is modified in such manner as he or she may prescribe so that it will
not be false or misleading. If the person using or proposing to use
the labeling or container does not accept the determination of the
director, such person may request a hearing, but the use of the
labeling or container shall, if the director so directs, be withheld
pending hearing and final determination by the director. Any such
determination by the director shall be conclusive unless, within thirty
days after receipt of notice of such final determination, the person
adversely affected thereby appeals to the superior court in the county
in which such person has its principal place of business.
Sec. 348 RCW 69.25.110 and 1975 1st ex.s. c 201 s 12 are each
amended to read as follows:
(1) No person shall buy, sell, or transport, or offer to buy or
sell, or offer or receive for transportation, in any business in
intrastate commerce any restricted eggs, capable of use as human food,
except as authorized by regulations of the director under such
conditions as he or she may prescribe to assure that only eggs fit for
human food are used for such purpose.
(2) No egg handler shall possess with intent to use, or use, any
restricted eggs in the preparation of human food for intrastate
commerce except that such eggs may be so possessed and used when
authorized by regulations of the director under such conditions as he
or she may prescribe to assure that only eggs fit for human food are
used for such purpose.
(3) No person shall process any egg products for intrastate
commerce at any plant except in compliance with the requirements of
this chapter.
(4) No person shall buy, sell, or transport, or offer to buy or
sell, or offer or receive for transportation, in intrastate commerce
any egg products required to be inspected under this chapter unless
they have been so inspected and are labeled and packaged in accordance
with the requirements of RCW 69.25.100.
(5) No operator of any official plant shall allow any egg products
to be moved from such plant if they are adulterated or misbranded and
capable of use as human food.
(6) No person shall:
(a) Manufacture, cast, print, lithograph, or otherwise make any
device containing any official mark or simulation thereof, or any label
bearing any such mark or simulation, or any form of official
certificate or simulation thereof, except as authorized by the
director;
(b) Forge or alter any official device, mark, or certificate;
(c) Without authorization from the director, use any official
device, mark, or certificate, or simulation thereof, or detach, deface,
or destroy any official device or mark; or use any labeling or
container ordered to be withheld from use under RCW 69.25.100 after
final judicial affirmance of such order or expiration of the time for
appeal if no appeal is taken under said section;
(d) Contrary to the regulations prescribed by the director, fail to
use, or to detach, deface, or destroy any official device, mark, or
certificate;
(e) Knowingly possess, without promptly notifying the director or
his or her representative, any official device or any counterfeit,
simulated, forged, or improperly altered official certificate or any
device or label, or any eggs or egg products bearing any counterfeit,
simulated, forged, or improperly altered official mark;
(f) Knowingly make any false statement in any shipper's certificate
or other nonofficial or official certificate provided for in the
regulations prescribed by the director;
(g) Knowingly represent that any article has been inspected or
exempted, under this chapter when in fact it has not been so inspected
or exempted; and
(h) Refuse access, at any reasonable time, to any representative of
the director, to any plant or other place of business subject to
inspection under any provisions of this chapter.
(7) No person, while an official or employee of the state or local
governmental agency, or thereafter, shall use to his or her own
advantage, or reveal other than to the authorized representatives of
the United States government or the state in their official capacity,
or as ordered by a court in a judicial proceeding, any information
acquired under the authority of this chapter concerning any matter
which the originator or relator of such information claims to be
entitled to protection as a trade secret.
Sec. 349 RCW 69.25.120 and 1975 1st ex.s. c 201 s 13 are each
amended to read as follows:
The director shall, whenever he or she determines that it would
effectuate the purposes of this chapter, cooperate with any state,
federal, or other governmental agencies in carrying out any provisions
of this chapter. In carrying out the provisions of this chapter, the
director may conduct such examinations, investigations, and inspections
as he or she determines practicable through any officer or employee of
any such agency commissioned by him or her for such purpose.
Sec. 350 RCW 69.25.140 and 1975 1st ex.s. c 201 s 15 are each
amended to read as follows:
For the purpose of enforcing the provisions of this chapter and the
regulations promulgated thereunder, all persons engaged in the business
of transporting, shipping, or receiving any eggs or egg products in
intrastate commerce or in interstate commerce, or holding such articles
so received, and all egg handlers, shall maintain such records showing,
for such time and in such form and manner, as the director may
prescribe, to the extent that they are concerned therewith, the
receipt, delivery, sale, movement, and disposition of all eggs and egg
products handled by them, and shall, upon the request of the director,
permit him or her at reasonable times to have access to and to copy all
such records.
Sec. 351 RCW 69.25.170 and 1995 c 374 s 28 are each amended to
read as follows:
(1) The director may, by regulation and under such conditions and
procedures as he or she may prescribe, exempt from specific provisions
of this chapter:
(a) The sale, transportation, possession, or use of eggs which
contain no more restricted eggs than are allowed by the tolerance in
the official state standards for consumer grades for shell eggs;
(b) The processing of egg products at any plant where the
facilities and operating procedures meet such sanitary standards as may
be prescribed by the director, and where the eggs received or used in
the manufacture of egg products contain no more restricted eggs than
are allowed by the official standards of the state consumer grades for
shell eggs, and the egg products processed at such plant;
(c) The sale of eggs by any poultry producer from his or her own
flocks directly to a household consumer exclusively for use by such
consumer and members of his or her household and his or her nonpaying
guests and employees, and the transportation, possession, and use of
such eggs in accordance with this subsection;
(d) The sale of eggs by shell egg packers on his or her own
premises directly to household consumers for use by such consumer and
members of his or her household and his or her nonpaying guests and
employees, and the transportation, possession, and use of such eggs in
accordance with this subsection;
(e) The sale of eggs by any egg producer with an annual egg
production from a flock of three thousand hens or less.
(2) The director may modify or revoke any regulation granting
exemption under this chapter whenever he or she deems such action
appropriate to effectuate the purposes of this chapter.
Sec. 352 RCW 69.25.180 and 1975 1st ex.s. c 201 s 19 are each
amended to read as follows:
The director may limit the entry of eggs and egg products and other
materials into official plants under such conditions as he or she may
prescribe to assure that allowing the entry of such articles into such
plants will be consistent with the purposes of this chapter.
Sec. 353 RCW 69.25.200 and 1975 1st ex.s. c 201 s 21 are each
amended to read as follows:
When the director has embargoed any eggs or egg products, he or she
shall petition the superior court of the county in which the eggs or
egg products are located for an order affirming such embargo. Such
court shall have jurisdiction for cause shown and after a prompt
hearing to any claimant of eggs or egg products, shall issue an order
which directs the removal of such embargo or the destruction or
correction and release of such eggs and egg products. An order for
destruction or the correction and release of such eggs and egg products
shall contain such provision for the payment of pertinent court costs
and fees and administrative expenses as is equitable and which the
court deems appropriate in the circumstances. An order for correction
and release may contain such provisions for a bond as the court finds
indicated in the circumstance.
Sec. 354 RCW 69.25.260 and 1979 ex.s. c 238 s 10 are each amended
to read as follows:
Any egg handler or dealer may prepay the assessment provided for in
RCW 69.25.250 by purchasing Washington state egg seals from the
director to be placed on egg containers showing that the proper
assessment has been paid. Any carton manufacturer or printer may apply
to the director for a permit to place reasonable facsimiles of the
Washington state egg seals to be imprinted on egg containers or on the
identification labels which show egg grade and size and the name of the
egg handler or dealer. The director shall, from time to time,
prescribe rules and regulations governing the affixing of seals and he
or she is authorized to cancel any such permit issued pursuant to this
chapter, whenever he or she finds that a violation of the terms under
which the permit has been granted has been violated.
Sec. 355 RCW 69.25.320 and 1995 c 374 s 31 are each amended to
read as follows:
(1) In addition to any other records required to be kept and
furnished the director under the provisions of this chapter, the
director may require any person who sells to any retailer, or to any
restaurant, hotel, boarding house, bakery, or any institution or
concern which purchases eggs for serving to guests or patrons thereof
or for its use in preparation of any food product for human
consumption, candled or graded eggs other than those of his or her own
production sold and delivered on the premises where produced, to
furnish that retailer or other purchaser with an invoice covering each
such sale, showing the exact grade or quality, and the size or weight
of the eggs sold, according to the standards prescribed by the
director, together with the name and address of the person by whom the
eggs were sold. The person selling and the retailer or other purchaser
shall keep a copy of said invoice on file at his or her place of
business for a period of thirty days, during which time the copy shall
be available for inspection at all reasonable times by the director:
PROVIDED, That no retailer or other purchaser shall be guilty of a
violation of this chapter if he or she can establish a guarantee from
the person from whom the eggs were purchased to the effect that they,
at the time of purchase, conformed to the information required by the
director on such invoice: PROVIDED FURTHER, That if the retailer or
other purchaser having labeled any such eggs in accordance with the
invoice keeps them for such a time after they are purchased as to cause
them to deteriorate to a lower grade or standard, and sells them under
the label of the invoice grade or standard, he or she shall be guilty
of a violation of this chapter.
(2) Each retailer and each distributor shall store shell eggs
awaiting sale or display eggs under clean and sanitary conditions in
areas free from rodents and insects. Shell eggs must be stored up off
the floor away from strong odors, pesticides, and cleaners.
(3) After being received at the point of first purchase, all graded
shell eggs packed in containers for the purpose of sale to consumers
shall be held and transported under refrigeration at ambient
temperatures no greater than forty-five degrees Fahrenheit (seven and
two-tenths degrees Celsius). This provision shall apply without
limitation to retailers, institutional users, dealer/
(4) No invoice shall be required on eggs when packed for sale to
the United States department of defense, or a component thereof, if
labeled with grades promulgated by the United States secretary of
agriculture.
Sec. 356 RCW 69.28.020 and 1939 c 199 s 29 are each amended to
read as follows:
The director is hereby empowered, through his or her duly
authorized agents, to enforce all provisions of this chapter. The
director shall have the power to define, promulgate, and enforce such
reasonable regulations as he or she may deem necessary in carrying out
the provisions of this chapter.
Sec. 357 RCW 69.28.030 and 1939 c 199 s 24 are each amended to
read as follows:
The director is hereby authorized, and it shall be his or her duty,
upon the taking effect of this chapter and from time to time
thereafter, to adopt, establish, and promulgate reasonable rules and
regulations specifying grades or standards of quality governing the
sale of honey: PROVIDED, That, in the interest of uniformity, such
grades and standards of quality shall conform as nearly to those
established by the United States department of agriculture as local
conditions will permit.
Sec. 358 RCW 69.28.040 and 1939 c 199 s 28 are each amended to
read as follows:
The director or any of his or her duly authorized agents shall have
the power to enter and inspect at reasonable times every place,
vehicle, plant, or other place where honey is being produced, stored,
packed, transported, exposed, or offered for sale, and to inspect all
such honey and the containers thereof and to take for inspection such
samples of said honey as may be necessary.
Sec. 359 RCW 69.28.190 and 1939 c 199 s 2 are each amended to
read as follows:
The term "director" means the director of agriculture of the state
of Washington or his or her duly authorized representative.
Sec. 360 RCW 69.28.410 and 1975 1st ex.s. c 283 s 3 are each
amended to read as follows:
Whenever the director shall find, or shall have probable cause to
believe, that any honey or product subject to the provisions of this
chapter, as now or hereafter amended, is in intrastate commerce, which
was introduced into such intrastate commerce in violation of the
provisions of this chapter, as now or hereafter amended, he or she is
hereby authorized to affix to such honey or product a notice placing an
embargo on such honey or product, and prohibiting its sale in
intrastate commerce, and no person shall move or sell such honey or
product without first receiving permission from the director to move or
sell such honey or product. But if, after such honey or product has
been embargoed, the director shall find that such honey or product does
not involve a violation of this chapter, as now or hereafter amended,
such embargo shall be forthwith removed.
Sec. 361 RCW 69.28.420 and 1975 1st ex.s. c 283 s 4 are each
amended to read as follows:
When the director has embargoed any honey or product, he or she
shall, no later than twenty days after the affixing of notice of its
embargo, petition the superior court for an order affirming such
embargo. Such court shall then have jurisdiction, for cause shown and
after prompt hearing to any claimant of such honey or product, to issue
an order which directs the removal of such embargo or the destruction
or the correction and release of such honey or product. An order for
destruction or correction and release shall contain such provision for
the payment of pertinent court costs and fees and administrative
expenses, as is equitable and which the court deems appropriate in the
circumstances. An order for correction and release may contain such
provision for bond, as the court finds indicated in the circumstances.
Sec. 362 RCW 69.36.010 and 1929 c 82 s 1 are each amended to read
as follows:
In this chapter, unless the context or subject matter otherwise
requires((,)):
(1) The term "dangerous caustic or corrosive substance" means each
and all of the acids, alkalis, and substances named below: (a)
Hydrochloric acid and any preparation containing free or chemically
unneutralized hydrochloric acid (HCl) in a concentration of ten percent
or more; (b) sulphuric acid and any preparation containing free or
chemically unneutralized sulphuric acid (H2SO4) in concentration of ten
percent or more; (c) nitric acid or any preparation containing free or
chemically unneutralized nitric acid (HNO3) in a concentration of five
percent or more; (d) carbolic acid (C6H5OH), otherwise known as phenol,
and any preparation containing carbolic acid in a concentration of five
percent or more; (e) oxalic acid and any preparation containing free or
chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten
percent or more; (f) any salt of oxalic acid and any preparation
containing any such salt in a concentration of ten percent or more; (g)
acetic acid or any preparation containing free or chemically
unneutralized acetic acid (HC2H3O2) in a concentration of twenty percent
or more; (h) hypochlorous acid, either free or combined, and any
preparation containing the same in a concentration so as to yield ten
percent or more by weight of available chlorine, excluding calx
chlorinata, bleaching powder, and chloride of lime; (i) potassium
hydroxide and any preparation containing free or chemically
unneutralized potassium hydroxide (KOH), including caustic potash and
Vienna paste, in a concentration of ten percent or more; (j) sodium
hydroxide and any preparation containing free or chemically
unneutralized sodium hydroxide (NaOH), including caustic soda and lye,
in a concentration of ten percent or more; (k) silver nitrate,
sometimes known as lunar caustic, and any preparation containing silver
nitrate (AgNO3) in a concentration of five percent or more((,)); and (l)
ammonia water and any preparation yielding free or chemically
uncombined ammonia (NH3), including ammonium hydroxide and "hartshorn",
in a concentration of five percent or more.
(2) The term "misbranded parcel, package, or container" means a
retail parcel, package, or container of any dangerous caustic or
corrosive substance for household use, not bearing a conspicuous,
easily legible label or sticker, containing (a) the name of the
article; (b) the name and place of business of the manufacturer,
packer, seller, or distributor; (c) the word "POISON", running parallel
with the main body of reading matter on said label or sticker, on a
clear, plain background of a distinctly contrasting color, in
uncondensed gothic capital letters, the letters to be not less than
twenty-four point size, unless there is on said label or sticker no
other type so large, in which event the type shall be not smaller than
the largest type on the label or sticker((,)); and (d) directions for
treatment in case of accidental personal injury by the dangerous
caustic or corrosive substance; PROVIDED, That such directions need not
appear on labels or stickers on parcels, packages, or containers at the
time of shipment or of delivery for shipment by manufacturers or
wholesalers for other than household use. PROVIDED FURTHER, That this
chapter is not to be construed as applying to any substance subject to
the chapter, sold at wholesale or retail for use by a retail druggist
in filling prescriptions or in dispensing, in pursuance of a
prescription by a physician, dentist, or veterinarian; or for use by or
under the direction of a physician, dentist, or veterinarian; or for
use by a chemist in the practice or teaching of his or her profession;
or for any industrial or professional use, or for use in any of the
arts and sciences.
Sec. 363 RCW 69.36.020 and 1929 c 82 s 2 are each amended to read
as follows:
No person shall sell, barter, or exchange, or receive, hold, pack,
display, or offer for sale, barter, or exchange, in this state any
dangerous caustic or corrosive substance in a misbranded parcel,
package, or container, said parcel, package, or container being
designed for household use; PROVIDED, That household products for
cleaning and washing purposes, subject to this chapter and labeled in
accordance therewith, may be sold, offered for sale, held for sale, and
distributed in this state by any dealer, wholesale or retail; PROVIDED
FURTHER, That no person shall be liable to prosecution and conviction
under this chapter when he or she establishes a guaranty bearing the
signature and address of a vendor residing in the United States from
whom he or she purchased the dangerous caustic or corrosive substance,
to the effect that such substance is not misbranded within the meaning
of this chapter. No person in this state shall give any such guaranty
when such dangerous caustic or corrosive substance is in fact
misbranded within the meaning of this chapter.
Sec. 364 RCW 69.36.040 and 1929 c 82 s 5 are each amended to read
as follows:
The director of agriculture shall enforce the provisions of this
chapter, and he or she is hereby authorized and empowered to approve
and register such brands and labels intended for use under the
provisions of this chapter as may be submitted to him or her for that
purpose and as may in his or her judgment conform to the requirements
of this statute: PROVIDED, HOWEVER, That in any prosecution under this
chapter the fact that any brand or label involved in said prosecution
has not been submitted to said director for approval, or if submitted,
has not been approved by him or her, shall be immaterial.
Sec. 365 RCW 69.41.130 and 1986 c 52 s 2 are each amended to read
as follows:
Unless the brand name drug is requested by the patient or the
patient's representative, the pharmacist shall substitute an equivalent
drug product which he or she has in stock if its wholesale price to the
pharmacist is less than the wholesale price of the prescribed drug
product, and at least sixty percent of the savings shall be passed on
to the purchaser.
Sec. 366 RCW 69.50.102 and 1981 c 48 s 1 are each amended to read
as follows:
(a) As used in this chapter, "drug paraphernalia" means all
equipment, products, and materials of any kind which are used, intended
for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance. It
includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a
controlled substance;
(4) Testing equipment used, intended for use, or designed for use
in identifying or in analyzing the strength, effectiveness, or purity
of controlled substances;
(5) Scales and balances used, intended for use, or designed for use
in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, used, intended for use, or
designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning or
refining, marihuana;
(8) Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled
substances;
(9) Capsules, balloons, envelopes, and other containers used,
intended for use, or designed for use in packaging small quantities of
controlled substances;
(10) Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
(12) Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips: Meaning objects used to hold burning material,
such as a marihuana cigarette, that has become too small or too short
to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) In determining whether an object is drug paraphernalia under
this section, a court or other authority should consider, in addition
to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any
controlled substance;
(3) The proximity of the object, in time and space, to a direct
violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the
object;
(6) Direct or circumstantial evidence of the intent of an owner, or
of anyone in control of the object, to deliver it to persons whom he or
she knows, or should reasonably know, intend to use the object to
facilitate a violation of this chapter; the innocence of an owner, or
of anyone in control of the object, as to a direct violation of this
chapter shall not prevent a finding that the object is intended or
designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object which explain or
depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such as
a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in
the community; and
(14) Expert testimony concerning its use.
Sec. 367 RCW 69.50.309 and 1971 ex.s. c 308 s 69.50.309 are each
amended to read as follows:
A person to whom or for whose use any controlled substance has been
prescribed, sold, or dispensed by a practitioner, and the owner of any
animal for which such controlled substance has been prescribed, sold,
or dispensed may lawfully possess it only in the container in which it
was delivered to him or her by the person selling or dispensing the
same.
Sec. 368 RCW 69.50.412 and 2002 c 213 s 1 are each amended to
read as follows:
(1) It is unlawful for any person to use drug paraphernalia to
plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance. Any person who violates this
subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent
to deliver, or manufacture with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably should know, that
it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale,
or otherwise introduce into the human body a controlled substance. Any
person who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates
subsection (2) of this section by delivering drug paraphernalia to a
person under eighteen years of age who is at least three years his or
her junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, knowing, or
under circumstances where one reasonably should know, that the purpose
of the advertisement, in whole or in part, is to promote the sale of
objects designed or intended for use as drug paraphernalia. Any person
who violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to possess
sterile hypodermic syringes and needles for the purpose of reducing
bloodborne diseases.
Sec. 369 RCW 69.50.502 and 1971 ex.s. c 308 s 69.50.502 are each
amended to read as follows:
Issuance and execution of administrative inspection warrants shall
be as follows:
(1) A judge of a superior court, or a judge of a district court
within his or her jurisdiction, and upon proper oath or affirmation
showing probable cause, may issue warrants for the purpose of
conducting administrative inspections authorized by this chapter or
rules hereunder, and seizures of property appropriate to the
inspections. For purposes of the issuance of administrative inspection
warrants, probable cause exists upon showing a valid public interest in
the effective enforcement of this chapter or rules hereunder,
sufficient to justify administrative inspection of the area, premises,
building, or conveyance in the circumstances specified in the
application for the warrant;
(2) A warrant shall issue only upon an affidavit of a designated
officer or employee having knowledge of the facts alleged, sworn to
before the judge and establishing the grounds for issuing the warrant.
If the judge is satisfied that grounds for the application exist or
that there is probable cause to believe they exist, he or she shall
issue a warrant identifying the area, premises, building, or conveyance
to be inspected, the purpose of the inspection, and, if appropriate,
the type of property to be inspected, if any. The warrant shall:
(a) State the grounds for its issuance and the name of each person
whose affidavit has been taken in support thereof;
(b) Be directed to a person authorized by RCW 69.50.500 to execute
it;
(c) Command the person to whom it is directed to inspect the area,
premises, building, or conveyance identified for the purpose specified
and, if appropriate, direct the seizure of the property specified;
(d) Identify the item or types of property to be seized, if any;
(e) Direct that it be served during normal business hours and
designate the judge to whom it shall be returned;
(3) A warrant issued pursuant to this section must be executed and
returned within ten days of its date unless, upon a showing of a need
for additional time, the court orders otherwise. If property is seized
pursuant to a warrant, a copy shall be given to the person from whom or
from whose premises the property is taken, together with a receipt for
the property taken. The return of the warrant shall be made promptly,
accompanied by a written inventory of any property taken. The
inventory shall be made in the presence of the person executing the
warrant and of the person from whose possession or premises the
property was taken, if present, or in the presence of at least one
credible person other than the person executing the warrant. A copy of
the inventory shall be delivered to the person from whom or from whose
premises the property was taken and to the applicant for the warrant;
(4) The judge who has issued a warrant shall attach thereto a copy
of the return and all papers returnable in connection therewith and
file them with the clerk of the court in which the inspection was made.
Sec. 370 RCW 69.50.506 and 1971 ex.s. c 308 s 69.50.506 are each
amended to read as follows:
(a) It is not necessary for the state to negate any exemption or
exception in this chapter in any complaint, information, indictment, or
other pleading or in any trial, hearing, or other proceeding under this
chapter. The burden of proof of any exemption or exception is upon the
person claiming it.
(b) In the absence of proof that a person is the duly authorized
holder of an appropriate registration or order form issued under this
chapter, he or she is presumed not to be the holder of the registration
or form. The burden of proof is upon him or her to rebut the
presumption.
(c) 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.
Sec. 371 RCW 69.50.507 and 1971 ex.s. c 308 s 69.50.507 are each
amended to read as follows:
All final determinations, findings, and conclusions of the state
board of pharmacy under this chapter are final and conclusive decisions
of the matters involved. Any person aggrieved by the decision may
obtain review of the decision in the superior court wherein he or she
resides or in the superior court of Thurston county, such review to be
in conformity with the administrative procedure act, chapter 34.05 RCW.
Sec. 372 RCW 70.08.060 and 1961 ex.s. c 5 s 4 are each amended to
read as follows:
The director of public health under this chapter shall be registrar
of vital statistics for all cities and counties under his or her
jurisdiction and shall conduct such vital statistics work in accordance
with the same laws and/or rules and regulations pertaining to vital
statistics for a city of the first class.
Sec. 373 RCW 70.37.030 and 2002 c 91 s 1 are each amended to read
as follows:
There is hereby established a public body corporate and politic,
with perpetual corporate succession, to be known as the Washington
health care facilities authority. The authority shall constitute a
political subdivision of the state established as an instrumentality
exercising essential governmental functions. The authority is a
"public body" within the meaning of RCW 39.53.010. The authority shall
consist of the governor who shall serve as ((chairman)) chair, the
lieutenant governor, the insurance commissioner, the secretary of
health, and one member of the public who shall be appointed by the
governor, subject to confirmation by the senate, on the basis of the
member's interest or expertise in health care delivery, for a term
expiring on the fourth anniversary of the date of appointment. In the
event that any of the offices referred to shall be abolished, the
resulting vacancy on the authority shall be filled by the officer who
shall succeed substantially to the powers and duties thereof. The
members of the authority shall be compensated in accordance with RCW
43.03.240 and shall be entitled to reimbursement, solely from the funds
of the authority, for travel expenses incurred in the discharge of
their duties under this chapter, subject to the provisions of RCW
43.03.050 and 43.03.060. A majority shall constitute a quorum.
The governor and the insurance commissioner each may designate an
employee of his or her office to act on his or her behalf during the
absence of the governor or the insurance commissioner at one or more of
the meetings of the authority. The vote of the designee shall have the
same effect as if cast by the governor or the insurance commissioner if
the designation is in writing and is presented to the person presiding
at the meetings included within the designation.
The governor may designate a member to preside during the
governor's absence.
Sec. 374 RCW 70.37.050 and 1983 c 210 s 2 and 1983 c 167 s 171
are each reenacted and amended to read as follows:
The authority shall establish rules concerning its exercise of the
powers authorized by this chapter. The authority shall receive from
applicants requests for the providing of bonds for financing of health
care facilities and shall investigate and determine the need and the
feasibility of providing such bonds. Whenever the authority deems it
necessary or advisable for the benefit of the public health to provide
financing for a health care facility, it shall adopt a financing plan
therefor and shall declare the estimated cost thereof, as near as may
be, including as part of such cost funds necessary for the expenses
incurred in the financing as well as in the construction or purchase or
other acquisition or in connection with the rental or other payment for
the use thereof, interest during construction, reserve funds and any
funds necessary for initial start-up costs, and shall issue and sell
its bonds for the purposes of carrying out the proposed financing plan:
PROVIDED, That if a certificate of need is required for the proposed
project, no such financing plan shall be adopted until such certificate
has been issued pursuant to chapter 70.38 RCW by the secretary of the
department of social and health services. The authority shall have
power as a part of such plan to create a special fund or funds for the
purpose of defraying the cost of such project and for other projects of
the same participant subsequently or at the same time approved by it
and for their maintenance, improvement, reconstruction, remodeling, and
rehabilitation, into which special fund or funds it shall obligate and
bind the participant to set aside and pay from the gross revenues of
the project or from other sources an amount sufficient to pay the
principal and interest of the bonds being issued, reserves and other
requirements of the special fund and to issue and sell bonds payable as
to both principal and interest out of such fund or funds relating to
the project or projects of such participant.
Such bonds shall bear such date or dates, mature at such time or
times, be in such denominations, be in such form, either coupon or
registered, or both, as provided in RCW 39.46.030, carry such
registration privileges, be made transferable, exchangeable, and
interchangeable, be payable in such medium of payment, at such place or
places, be subject to such terms of redemption, bear such fixed or
variable rate or rates of interest, and be sold in such manner, at such
price, as the authority shall determine. Such bonds shall be executed
by the ((chairman)) chair, by either its duly elected secretary or its
executive director, and by the trustee if the authority determines to
utilize a trustee for the bonds. Execution of the bonds may be by
manual or facsimile signature: PROVIDED, That at least one signature
placed thereon shall be manually subscribed. Any interest coupons
appurtenant to the bonds shall be executed by facsimile or manual
signature or signatures, as the authority shall determine.
Sec. 375 RCW 70.40.040 and 1979 c 141 s 98 are each amended to
read as follows:
In carrying out the purposes of the chapter the secretary is
authorized and directed:
(1) To require such reports, make such inspections and
investigations, and prescribe such regulations as he or she deems
necessary;
(2) To provide such methods of administration, appoint a head and
other personnel of the section, and take such other action as may be
necessary to comply with the requirements of the federal act and the
regulations thereunder;
(3) To procure in his or her discretion the temporary or
intermittent services of experts or consultants or organizations
thereof, by contract, when such services are to be performed on a part
time or fee for service basis and do not involve the performance of
administrative duties;
(4) To the extent that he or she considers desirable to effectuate
the purposes of this chapter, to enter into agreements for the
utilization of the facilities and services of other departments,
agencies, and institutions public or private;
(5) To accept on behalf of the state and to deposit with the state
treasurer, any grant, gift, or contribution made to assist in meeting
the cost of carrying out the purposes of this chapter, and to expend
the same for such purpose; and
(6) To make an annual report to the governor on activities pursuant
to this chapter, including recommendations for such additional
legislation as the secretary considers appropriate to furnish adequate
hospital and medical facilities to the people of this state.
Sec. 376 RCW 70.40.090 and 1979 c 141 s 101 are each amended to
read as follows:
The secretary shall prepare and submit to the surgeon general a
state plan which shall include the hospital and medical facility
construction program developed under this chapter and which shall
provide for the establishment, administration, and operation of
hospital and medical facility construction activities in accordance
with the requirements of the federal act and the regulations
thereunder. The secretary shall, prior to the submission of such plan
to the surgeon general, give adequate publicity to a general
description of all the provisions proposed to be included therein, and
hold a public hearing at which all persons or organizations with a
legitimate interest in such plan may be given an opportunity to express
their views. After approval of the plan by the surgeon general, the
secretary shall publish a general description of the provisions thereof
in at least one newspaper having general circulation in the state, and
shall make the plan, or a copy thereof, available upon request to all
interested persons or organizations. The secretary shall from time to
time review the hospital and medical facility construction program and
submit to the surgeon general any modifications thereof which he or she
may find necessary and may submit to the surgeon general such
modifications of the state plan, not inconsistent with the requirements
of the federal act, as he or she may deem advisable.
Sec. 377 RCW 70.40.130 and 1979 c 141 s 104 are each amended to
read as follows:
The secretary shall afford to every applicant for a construction
project an opportunity for a fair hearing. If the secretary, after
affording reasonable opportunity for development and presentation of
applications in the order of relative need, finds that a project
application complies with the requirements of RCW 70.40.120 and is
otherwise in conformity with the state plan, he or she shall approve
such application and shall recommend and forward it to the surgeon
general.
Sec. 378 RCW 70.44.020 and 1990 c 259 s 38 are each amended to
read as follows:
At any general election or at any special election which may be
called for that purpose, the county legislative authority of a county
may, or on petition of ten percent of the registered voters of the
county based on the total vote cast in the last general county
election, shall, by resolution, submit to the voters of the county the
proposition of creating a public hospital district coextensive with the
limits of the county. The petition shall be filed with the county
auditor, who shall within fifteen days examine the signatures thereon
and certify to the sufficiency thereof, and for that purpose the
auditor shall have access to all registration books in the possession
of election officers in the county. If the petition is found to be
insufficient, it shall be returned to the persons filing it, who may
amend or add names thereto for ten days, when it shall be returned to
the auditor, who shall have an additional fifteen days to examine it
and attach the certificate thereto. No person signing the petition may
withdraw his or her name therefrom after filing. When the petition is
certified as sufficient, the auditor shall forthwith transmit it,
together with the certificate of sufficiency attached thereto, to the
county legislative authority, who shall immediately transmit the
proposition to the supervisor of elections or other election officer of
the county, and he or she shall submit the proposition to the voters at
the next general election or if such petition so requests, shall call
a special election on such proposition in accordance with RCW
((29.13.010)) 29A.04.321 and ((29.13.020)) 29A.04.330. The notice of
the election shall state the boundaries of the proposed district and
the object of the election, and shall in other respects conform to the
requirements of law governing the time and manner of holding elections.
In submitting the question to the voters, the proposition shall be
expressed on the ballot substantially in the following terms:
For public hospital district No. . . . .
Against public hospital district No. . . . .
Sec. 379 RCW 70.44.171 and 1967 c 227 s 1 are each amended to
read as follows:
The treasurer of the county in which a public hospital district is
located shall be treasurer of the district, except that the commission
by resolution may designate some other person having experience in
financial or fiscal matters as treasurer of the district. If the
treasurer is not the county treasurer, the commission shall require a
bond, with a surety company authorized to do business in the state of
Washington, in an amount and under the terms and conditions which the
commission by resolution from time to time finds will protect the
district against loss. The premium on any such bond shall be paid by
the district.
All district funds shall be paid to the treasurer and shall be
disbursed by him or her only on warrants issued by an auditor appointed
by the commission, upon orders or vouchers approved by it. The
treasurer shall establish a public hospital district fund, into which
shall be paid all district funds, and he or she shall maintain such
special funds as may be created by the commission, into which he or she
shall place all money as the commission may, by resolution, direct.
If the treasurer of the district is the treasurer of the county all
district funds shall be deposited with the county depositaries under
the same restrictions, contracts, and security as provided for county
depositaries. If the treasurer of the district is some other person,
all funds shall be deposited in such bank or banks authorized to do
business in this state as the commission by resolution shall designate,
and with surety bond to the district or securities in lieu thereof of
the kind, no less in amount, as provided in RCW 36.48.020 for deposit
of county funds. Such surety bond or securities in lieu thereof shall
be filed or deposited with the treasurer of the district, and approved
by resolution of the commission.
All interest collected on district funds shall belong to the
district and be deposited to its credit in the proper district funds.
A district may provide and require a reasonable bond of any other
person handling moneys or securities of the district. The district may
pay the premium on such bond.
Sec. 380 RCW 70.44.185 and 1971 ex.s. c 218 s 4 are each amended
to read as follows:
Notwithstanding any other provision of law, including RCW
70.44.040, whenever the boundary line between contiguous hospital
districts bisects an irrigation block unit placing part of the unit in
one hospital district and the balance thereof in another such district,
the county auditor, upon his or her approval of a request therefor
after public hearing thereon, shall change the hospital district
boundary lines so that the entire farm unit of the person so requesting
shall be wholly in one of such hospital districts and give notice
thereof to those hospital district and county officials as he or she
shall deem appropriate therefor.
Sec. 381 RCW 70.50.020 and 1945 c 23 s 2 are each amended to read
as follows:
The otologist shall cooperate with the state department of public
instruction, and with the state, county, and city health officers,
seeking for the children in the schools who are hard of hearing, or
have an impaired sense of hearing, and making otological inspections
and examinations of children referred to him or her by such departments
and officers. Where necessary or proper, he or she shall make
recommendations to parents or guardians of such children, and urge them
to submit such recommendations to physicians to be selected by such
parents or guardians.
Sec. 382 RCW 70.54.050 and 1909 c 249 s 287 are each amended to
read as follows:
Every person who shall willfully expose himself or herself to
another, or any animal affected with any contagious or infectious
disease, in any public place or thoroughfare, except upon his or her or
its necessary removal in a manner not dangerous to the public health;
and every person so affected who shall expose any other person thereto
without his or her knowledge, shall be guilty of a misdemeanor.
Sec. 383 RCW 70.58.010 and 1979 ex.s. c 52 s 2 are each amended
to read as follows:
Each city of the first class shall constitute a primary
registration district and each county and the territory of counties
jointly comprising a health district, exclusive of the portion included
within cities of the first class, shall constitute a primary
registration area. All other counties and municipal areas not included
in the foregoing shall be divided into registration areas by the state
registrar as he or she may deem essential to obtain the most efficient
registration of vital events as provided by law.
Sec. 384 RCW 70.58.020 and 1979 ex.s. c 52 s 3 are each amended
to read as follows:
Under the direction and control of the state registrar, the health
officer of each city of the first class shall be the local registrar in
and for the primary registration district under his or her supervision
as health officer and the health officer of each county and district
health department shall be the local registrar in and for the
registration area which he or she supervises as health officer and
shall serve as such as long as he or she performs the registration
duties as prescribed by law. He or she may be removed as local
registrar of the registration area which he or she serves by the state
board of health upon its finding of evidence of neglect in the
performance of his or her duties as such registrar. The state
registrar shall appoint local registrars for those registration areas
not included in the foregoing and also in areas where the state board
of health has removed the health officer from this position as
registrar.
Each local registrar, subject to the approval of the state
registrar, shall appoint in writing a sufficient number of deputy
registrars to administer the laws relating to vital statistics, and
shall certify the appointment of such deputies to the state registrar.
Deputy registrars shall act in the case of absence, death, illness, or
disability of the local registrar, or such other conditions as may be
deemed sufficient cause to require their services.
Sec. 385 RCW 70.58.040 and 1961 ex.s. c 5 s 7 are each amended to
read as follows:
A local registrar shall be paid the sum of one dollar for each
birth, death, or fetal death certificate registered for his or her
district which sum shall cover making out the burial-transit permit and
record of the certificate to be filed and preserved in his or her
office. If no births or deaths were registered during any month, the
local registrar shall be paid the sum of one dollar for each report to
that effect: PROVIDED, That all local health officers who are by
statute required to serve as local registrars shall not be entitled to
the fee of one dollar. Neither shall any members of their staffs be
entitled to the above fee of one dollar when such persons serve as
deputy registrars. All fees payable to local registrars shall be paid
by the treasurer of the county or city, properly chargeable therewith,
out of the funds of the county or city, upon warrants drawn by the
auditor, or other proper officer of the county or city. No warrant
shall be issued to a local registrar except upon a statement, signed by
the state registrar, stating the names and addresses respectively of
the local registrars entitled to fees from the county or city, and the
number of certificates and reports of births, deaths, and fetal deaths,
properly returned to the state registrar, by each local registrar,
during three preceding calendar months prior to the date of the
statement, and the amount of fees to which each local registrar is
entitled, which statement the state registrar shall file with the
proper officers during the months of January, April, July, and October
of each year. Upon filing of the statement, the auditor or other
proper officer of the county or city shall issue warrants for the
amount due each local registrar.
Sec. 386 RCW 70.58.050 and 1907 c 83 s 22 are each amended to
read as follows:
The local registrars are hereby charged with the strict and
thorough enforcement of the provisions of this act in their districts,
under the supervision and direction of the state registrar. And they
shall make an immediate report to the state registrar of any violations
of this law coming to their notice by observation or upon the complaint
of any person, or otherwise. The state registrar is hereby charged
with the thorough and efficient execution of the provisions of this act
in every part of the state, and with supervisory power over local
registrars, to the end that all of the requirements shall be uniformly
complied with. He or she shall have authority to investigate cases of
irregularity or violation of law, personally or by accredited
representative, and all local registrars shall aid him or her, upon
request, in such investigation. When he or she shall deem it
necessary, he or she shall report cases of violation of any of the
provisions of this act to the prosecuting attorney of the proper county
with a statement of the fact and circumstances; and when any such case
is reported to them by the state registrar, all prosecuting attorneys
or officials acting in such capacity shall forthwith initiate and
promptly follow up the necessary court proceedings against the parties
responsible for the alleged violations of law. And upon request of the
state registrar, the attorney general shall likewise assist in the
enforcement of the provisions of this act.
Sec. 387 RCW 70.58.095 and 1983 1st ex.s. c 41 s 14 are each
amended to read as follows:
The state registrar of vital statistics shall establish a new
certificate of birth for a person born in this state when he or she
receives a request that a new certificate be established and such
evidence as required by regulation of the state board of health proving
that such person has been acknowledged, or that a court of competent
jurisdiction has determined the paternity of such person. When a new
certificate of birth is established, the actual place and date of birth
shall be shown. It shall be substituted for the original certificate
of birth. Thereafter, the original certificate and the evidence of
paternity, or acknowledgment shall not be subject to inspection except
upon order of a court of competent jurisdiction, or upon written
request of the department of social and health services, the attorney
general, or a prosecuting attorney, stating that the documents are
being sought in furtherance of an action to enforce a duty of support.
If no certificate of birth is on file for the person for whom a new
certificate is to be established under this section, a delayed
registration of birth shall be filed with the state registrar of vital
statistics as provided in RCW 70.58.120.
Sec. 388 RCW 70.58.145 and 1961 ex.s. c 5 s 20 are each amended
to read as follows:
When a person alleged to be born in this state is unable to meet
the requirements for a delayed registration of birth in accordance with
RCW 70.58.120, he or she may petition the superior court of the county
of residence or of the county of birth for an order establishing a
record of the date and place of his or her birth, and his or her
parentage. The court shall fix a time for hearing the petition, and
the state registrar shall be given notice at least twenty days prior to
the date set for hearing in order that he or she may present at the
hearing any information he or she believes will be useful to the court.
If the court from the evidence presented to it finds that the
petitioner was born in this state, the court shall issue an order to
establish a record of birth. This order shall include the birth data
to be registered. If the court orders the birth of a person born in
this state registered, it shall be registered in the records of the
state registrar.
Sec. 389 RCW 70.58.270 and 1907 c 83 s 16 are each amended to
read as follows:
All superintendents or managers, or other persons in charge of
hospitals, almshouses, lying-in or other institutions, public or
private, to which persons resort for treatment of disease, confinement,
or are committed by process of law, are hereby required to make a
record of all the personal and statistical particulars relative to the
inmates in their institutions, at the date of approval of this act,
that are required in the form of the certificate provided for by this
act, as directed by the state registrar; and thereafter such record
shall be by them made for all future inmates at the time of their
admission. And in case of persons admitted or committed for medical
treatment of contagious disease, the physician in charge shall specify,
for entry in the record, the nature of the disease, and where, in his
or her opinion, it was contracted. The personal particulars and
information required by this section shall be obtained from the
individual himself or herself, if it is practicable to do so; and when
they cannot be so obtained, they shall be secured in as complete a
manner as possible from the relatives, friends, or other persons
acquainted with the facts.
Sec. 390 RCW 70.74.010 and 2002 c 370 s 1 are each amended to
read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) The terms "authorized," "approved," or "approval" shall be held
to mean authorized, approved, or approval by the department of labor
and industries.
(2) The term "blasting agent" shall be held to mean and include any
material or mixture consisting of a fuel and oxidizer, that is intended
for blasting and not otherwise defined as an explosive; if the finished
product, as mixed for use or shipment, cannot be detonated by means of
a number 8 test blasting cap when unconfined. A number 8 test blasting
cap is one containing two grams of a mixture of eighty percent mercury
fulminate and twenty percent potassium chlorate, or a blasting cap of
equivalent strength. An equivalent strength cap comprises 0.40-0.45
grams of PETN base charge pressed in an aluminum shell with bottom
thickness not to exceed 0.03 of an inch, to a specific gravity of not
less than 1.4 g/cc., and primed with standard weights of primer
depending on the manufacturer.
(3) The term "explosive" or "explosives" whenever used in this
chapter, shall be held to mean and include any chemical compound or
mechanical mixture that is commonly used or intended for the purpose of
producing an explosion, that contains any oxidizing and combustible
units, or other ingredients, in such proportions, quantities, or
packing, that an ignition by fire, by friction, by concussion, by
percussion, or by detonation of any part of the compound or mixture may
cause such a sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing destructive
effects on contiguous objects or of destroying life or limb. In
addition, the term "explosives" shall include all material which is
classified as division 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 explosives by
the United States department of transportation. For the purposes of
this chapter, small arms ammunition, small arms ammunition primers,
smokeless powder not exceeding fifty pounds, and black powder not
exceeding five pounds shall not be defined as explosives, unless
possessed or used for a purpose inconsistent with small arms use or
other lawful purpose.
(4) Classification of explosives shall include, but not be limited
to, the following:
(a) DIVISION 1.1 and 1.2 EXPLOSIVES: Possess mass explosion or
detonating hazard and include dynamite, nitroglycerin, picric acid,
lead azide, fulminate of mercury, black powder exceeding five pounds,
blasting caps in quantities of 1001 or more, and detonating primers.
(b) DIVISION 1.3 EXPLOSIVES: Possess a minor blast hazard, a minor
projection hazard, or a flammable hazard and include propellant
explosives, including smokeless powder exceeding fifty pounds.
(c) DIVISION 1.4, 1.5, and 1.6 EXPLOSIVES: Include certain types
of manufactured articles which contain division 1.1, 1.2, or 1.3
explosives, or all, as components, but in restricted quantities, and
also include blasting caps in quantities of 1000 or less.
(5) The term "explosive-actuated power devices" shall be held to
mean any tool or special mechanized device which is actuated by
explosives, but not to include propellant-actuated power devices.
(6) The term "magazine", shall be held to mean and include any
building or other structure, other than an explosives manufacturing
building, used for the storage of explosives.
(7) The term "improvised device" means a device which is fabricated
with explosives or destructive, lethal, noxious, pyrotechnic, or
incendiary chemicals and which is designed, or has the capacity, to
disfigure, destroy, distract, or harass.
(8) The term "inhabited building", shall be held to mean and
include only a building regularly occupied in whole or in part as a
habitation for human beings, or any church, schoolhouse, railroad
station, store, or other building where people are accustomed to
assemble, other than any building or structure occupied in connection
with the manufacture, transportation, storage, or use of explosives.
(9) The term "explosives manufacturing plant" shall be held to mean
and include all lands, with the buildings situated thereon, used in
connection with the manufacturing or processing of explosives or in
which any process involving explosives is carried on, or the storage of
explosives thereat, as well as any premises where explosives are used
as a component part or ingredient in the manufacture of any article or
device.
(10) The term "explosives manufacturing building", shall be held to
mean and include any building or other structure (excepting magazines)
containing explosives, in which the manufacture of explosives, or any
processing involving explosives, is carried on, and any building where
explosives are used as a component part or ingredient in the
manufacture of any article or device.
(11) The term "railroad" shall be held to mean and include any
steam, electric, or other railroad which carries passengers for hire.
(12) The term "highway" shall be held to mean and include any
public street, public alley, or public road, including a privately
financed, constructed, or maintained road that is regularly and openly
traveled by the general public.
(13) The term "efficient artificial barricade" shall be held to
mean an artificial mound or properly revetted wall of earth of a
minimum thickness of not less than three feet or such other artificial
barricade as approved by the department of labor and industries.
(14) The term "person" shall be held to mean and include any
individual, firm, partnership, corporation, company, association,
society, joint stock company, joint stock association, and including
any trustee, receiver, assignee, or personal representative thereof.
(15) The term "dealer" shall be held to mean and include any person
who purchases explosives or blasting agents for the sole purpose of
resale, and not for use or consumption.
(16) The term "forbidden or not acceptable explosives" shall be
held to mean and include explosives which are forbidden or not
acceptable for transportation by common carriers by rail freight, rail
express, highway, or water in accordance with the regulations of the
federal department of transportation.
(17) The term "handloader" shall be held to mean and include any
person who engages in the noncommercial assembling of small arms
ammunition for his or her own use, specifically the operation of
installing new primers, powder, and projectiles into cartridge cases.
(18) The term "handloader components" means small arms ammunition,
small arms ammunition primers, smokeless powder not exceeding fifty
pounds, and black powder as used in muzzle loading firearms not
exceeding five pounds.
(19) The term "fuel" shall be held to mean and include a substance
which may react with the oxygen in the air or with the oxygen yielded
by an oxidizer to produce combustion.
(20) The term "motor vehicle" shall be held to mean and include any
self-propelled automobile, truck, tractor, semi-trailer or full
trailer, or other conveyance used for the transportation of freight.
(21) The term "natural barricade" shall be held to mean and include
any natural hill, mound, wall, or barrier composed of earth or rock or
other solid material of a minimum thickness of not less than three
feet.
(22) The term "oxidizer" shall be held to mean a substance that
yields oxygen readily to stimulate the combustion of organic matter or
other fuel.
(23) The term "propellant-actuated power device" shall be held to
mean and include any tool or special mechanized device or gas generator
system which is actuated by a propellant or which releases and directs
work through a propellant charge.
(24) The term "public conveyance" shall be held to mean and include
any railroad car, streetcar, ferry, cab, bus, airplane, or other
vehicle which is carrying passengers for hire.
(25) The term "public utility transmission system" shall mean power
transmission lines over 10 KV, telephone cables, or microwave
transmission systems, or buried or exposed pipelines carrying water,
natural gas, petroleum, or crude oil, or refined products and
chemicals, whose services are regulated by the utilities and
transportation commission, municipal, or other publicly owned systems.
(26) The term "purchaser" shall be held to mean any person who
buys, accepts, or receives any explosives or blasting agents.
(27) The term "pyrotechnic" shall be held to mean and include any
combustible or explosive compositions or manufactured articles designed
and prepared for the purpose of producing audible or visible effects
which are commonly referred to as fireworks as defined in chapter 70.77
RCW.
(28) The term "small arms ammunition" shall be held to mean and
include any shotgun, rifle, pistol, or revolver cartridge, and
cartridges for propellant-actuated power devices and industrial guns.
Military-type ammunition containing explosive bursting charges,
incendiary, tracer, spotting, or pyrotechnic projectiles is excluded
from this definition.
(29) The term "small arms ammunition primers" shall be held to mean
small percussion-sensitive explosive charges encased in a cup, used to
ignite propellant powder and shall include percussion caps as used in
muzzle loaders.
(30) The term "smokeless powder" shall be held to mean and include
solid chemicals or solid chemical mixtures in excess of fifty pounds
which function by rapid combustion.
(31) The term "user" shall be held to mean and include any natural
person, manufacturer, or blaster who acquires, purchases, or uses
explosives as an ultimate consumer or who supervises such use.
Words used in the singular number shall include the plural, and the
plural the singular.
Sec. 391 RCW 70.74.020 and 1982 c 111 s 1 are each amended to
read as follows:
(1) No person shall manufacture, possess, store, sell, purchase,
transport, or use explosives or blasting agents except in compliance
with this chapter.
(2) The director of the department of labor and industries shall
make and promulgate rules and regulations concerning qualifications of
users of explosives and shall have the authority to issue licenses for
users of explosives to effectuate the purpose of this chapter:
PROVIDED, That where there is a finding by the director that the use or
disposition of explosives in any class of industry presents no unusual
hazard to the safety of life or limb of persons employed therewith, and
where the users are supervised by a superior in an employment
relationship who is sufficiently experienced in the use of explosives,
and who possesses a license for such use under this chapter, the
director in his or her discretion may exclude said users in those
classes of industry from individual licensing.
(3) The director of the department of labor and industries shall
make and promulgate rules and regulations concerning the manufacture,
sale, purchase, use, transportation, storage, and disposal of
explosives, and shall have the authority to issue licenses for the
manufacture, purchase, sale, use, transportation, and storage of
explosives to effectuate the purpose of this chapter. The director of
the department of labor and industries is hereby delegated the
authority to grant written waiver of this chapter whenever it can be
shown that the manufacturing, handling, or storing of explosives are in
compliance with applicable national or federal explosive safety
standards: PROVIDED, That any resident of this state who is qualified
to purchase explosives in this state and who has complied with the
provisions of this chapter applicable to him or her may purchase
explosives from an authorized dealer of a bordering state and may
transport said explosives into this state for use herein: PROVIDED
FURTHER, That residents of this state shall, within ten days of the
date of purchase, present to the department of labor and industries a
report signed by both vendor and vendee of every purchase from an out
of state dealer, said report indicating the date of purchase, name of
vendor, vendor's license number, vendor's business address, amount and
kind of explosives purchased, the name of the purchaser, the
purchaser's license number, and the name of receiver if different than
purchaser.
(4) It shall be unlawful to sell, give away, or otherwise dispose
of, or deliver to any person under twenty-one years of age any
explosives including black powder, and blasting caps or other explosive
igniters, whether said person is acting for himself or herself or for
any other person: PROVIDED, That small arms ammunition and handloader
components shall not be considered explosives for the purposes of this
section: PROVIDED FURTHER, That if there is a finding by the director
that said use or disposition of explosives poses no unusual hazard to
the safety of life or limb in any class of industry, where persons
eighteen years of age or older are employed as users, and where said
persons are adequately trained and adequately supervised by a superior
in an employment relationship who is sufficiently experienced in the
use of explosives, and who possesses a valid license for such use under
this chapter, the director in his or her discretion may exclude said
persons in that class of industry from said minimum age requirement.
(5) All persons engaged in keeping, using, or storing any compound,
mixture, or material, in wet condition, or otherwise, which upon drying
out or undergoing other physical changes, may become an explosive
within the definition of RCW 70.74.010, shall report in writing
subscribed to by such person or his or her agent, to the department of
labor and industries, report blanks to be furnished by such department,
and such reports to require:
(a) The kind of compound, mixture, or material kept or stored, and
maximum quantity thereof;
(b) Condition or state of compound, mixture, or material;
(c) Place where kept or stored.
The department of labor and industries may at any time cause an
inspection to be made to determine whether the condition of the
compound, mixture, or material is as reported.
Sec. 392 RCW 70.74.110 and 1997 c 58 s 870 are each amended to
read as follows:
All persons engaged in the manufacture of explosives, or any
process involving explosives, or where explosives are used as a
component part in the manufacture of any article or device, on August
11, 1969, shall within sixty days thereafter, and all persons engaging
in the manufacture of explosives, or any process involving explosives,
or where explosives are used as a component part in the manufacture of
any article or device after August 11, 1969, shall, before so engaging,
make an application in writing, subscribed to by such person or his or
her agent, to the department of labor and industries, the application
stating:
(1) Location of place of manufacture or processing;
(2) Kind of explosives manufactured, processed, or used;
(3) The distance that such explosives manufacturing building is
located or intended to be located from the other factory buildings,
magazines, inhabited buildings, railroads and highways, and public
utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to manufacture explosives;
(6) The applicant's citizenship, if the applicant is an individual;
(7) If the applicant is a partnership, the names and addresses of
the partners, and their citizenship;
(8) If the applicant is an association or corporation, the names
and addresses of the officers and directors thereof, and their
citizenship; and
(9) Such other pertinent information as the director of labor and
industries shall require to effectuate the purpose of this chapter.
There shall be kept in the main office on the premises of each
explosives manufacturing plant a plan of said plant showing the
location of all explosives manufacturing buildings and the distance
they are located from other factory buildings where persons are
employed and from magazines, and these plans shall at all times be open
to inspection by duly authorized inspectors of the department of labor
and industries. The superintendent of each plant shall upon demand of
said inspector furnish the following information:
(a) The maximum amount and kind of explosive material which is or
will be present in each building at one time.
(b) The nature and kind of work carried on in each building and
whether or not said buildings are surrounded by natural or artificial
barricades.
Except as provided in RCW 70.74.370, the department of labor and
industries shall as soon as possible after receiving such application
cause an inspection to be made of the explosives manufacturing plant,
and if found to be in accordance with RCW 70.74.030 and 70.74.050 and
70.74.061, such department shall issue a license to the person applying
therefor showing compliance with the provisions of this chapter if the
applicant demonstrates that either the applicant or the officers,
agents, or employees of the applicant are sufficiently experienced in
the manufacture of explosives and the applicant meets the
qualifications for a license under RCW 70.74.360. Such license shall
continue in full force and effect until expired, suspended, or revoked
by the department pursuant to this chapter.
Sec. 393 RCW 70.74.120 and 1988 c 198 s 6 are each amended to
read as follows:
All persons engaged in keeping or storing and all persons having in
their possession explosives on August 11, 1969, shall within sixty days
thereafter, and all persons engaging in keeping or storing explosives
or coming into possession thereof after August 11, 1969, shall before
engaging in the keeping or storing of explosives or taking possession
thereof, make an application in writing subscribed to by such person or
his or her agent, to the department of labor and industries stating:
(1) The location of the magazine, if any, if then existing, or in
case of a new magazine, the proposed location of such magazine;
(2) The kind of explosives that are kept or stored or possessed or
intended to be kept or stored or possessed and the maximum quantity
that is intended to be kept or stored or possessed thereat;
(3) The distance that such magazine is located or intended to be
located from other magazines, inhabited buildings, explosives
manufacturing buildings, railroads, highways, and public utility
transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to store or possess explosives;
(6) The citizenship of the applicant if the applicant is an
individual;
(7) If the applicant is a partnership, the names and addresses of
the partners and their citizenship;
(8) If the applicant is an association or corporation, the names
and addresses of the officers and directors thereof and their
citizenship;
(9) And such other pertinent information as the director of the
department of labor and industries shall require to effectuate the
purpose of this chapter.
The department of labor and industries shall, as soon as may be
after receiving such application, cause an inspection to be made of the
magazine, if then constructed, and, in the case of a new magazine, as
soon as may be after same is found to be constructed in accordance with
the specification provided in RCW 70.74.025, such department shall
determine the amount of explosives that may be kept and stored in such
magazine by reference to the quantity and distance tables specified in
or adopted under this chapter and shall issue a license to the person
applying therefor if the applicant demonstrates that either the
applicant or the officers, agents, or employees of the applicant are
sufficiently experienced in the handling of explosives and possess
suitable storage facilities therefor, and that the applicant meets the
qualifications for a license under RCW 70.74.360. Said license shall
set forth the maximum quantity of explosives that may be had, kept, or
stored by said person. Such license shall be valid until canceled for
one or more of the causes hereinafter provided. Whenever by reason of
change in the physical conditions surrounding said magazine at the time
of the issuance of the license therefor, such as:
(a) The erection of buildings nearer said magazine;
(b) The construction of railroads nearer said magazine;
(c) The opening for public travel of highways nearer said magazine;
or
(d) The construction of public utilities transmission systems near
said magazine; then the amounts of explosives which may be lawfully
had, kept, or stored in said magazine must be reduced to conform to
such changed conditions in accordance with the quantity and distance
table notwithstanding the license, and the department of labor and
industries shall modify or cancel such license in accordance with the
changed conditions. Whenever any person to whom a license has been
issued, keeps or stores in the magazine or has in his or her
possession, any quantity of explosives in excess of the maximum amount
set forth in said license, or whenever any person fails for thirty days
to pay the annual license fee hereinafter provided after the same
becomes due, the department is authorized to cancel such license.
Whenever a license is canceled by the department for any cause herein
specified, the department shall notify the person to whom such license
is issued of the fact of such cancellation and shall in said notice
direct the removal of all explosives stored in said magazine within ten
days from the giving of said notice, or, if the cause of cancellation
be the failure to pay the annual license fee, or the fact that
explosives are kept for an unlawful purpose, the department of labor
and industries shall order such person to dispossess himself or herself
of said explosives within ten days from the giving of said notice.
Failure to remove the explosives stored in said magazine or to
dispossess oneself of the explosives as herein provided within the time
specified in said notice shall constitute a violation of this chapter.
Sec. 394 RCW 70.74.310 and 1969 ex.s. c 137 s 27 are each amended
to read as follows:
Any person other than a lawfully constituted peace officer of this
state who shall deposit, leave, place, spray, scatter, spread, or throw
in any building, or any place, or who shall counsel, aid, assist,
encourage, incite, or direct any other person or persons to deposit,
leave, place, spray, scatter, spread, or throw, in any building or
place, or who shall have in his or her possession for the purpose of,
and with the intent of depositing, leaving, placing, spraying,
scattering, spreading, or throwing, in any building or place, or of
counseling, aiding, assisting, encouraging, inciting, or directing any
other person or persons to deposit, leave, place, spray, scatter,
spread, or throw, any stink bomb, stink paint, tear bomb, tear shell,
explosive, or flame-producing device, or any other device, material,
chemical, or substance, which, when exploded or opened, or without such
exploding or opening, by reason of its offensive and pungent odor, does
or will annoy, injure, endanger, or inconvenience any person or
persons, shall be guilty of a gross misdemeanor: PROVIDED, That this
section shall not apply to persons in the military service, actually
engaged in the performance of military duties, pursuant to orders from
competent authority nor to any property owner or person acting under
his or her authority in providing protection against the commission of
a felony.
Sec. 395 RCW 70.77.450 and 1997 c 182 s 22 are each amended to
read as follows:
The chief of the Washington state patrol, through the director of
fire protection, may make an examination of the books and records of
any licensee, or other person relative to fireworks, and may visit and
inspect the premises of any licensee he or she may deem at any time
necessary for the purpose of enforcing the provisions of this chapter.
The licensee, owner, lessee, manager, or operator of any such building
or premises shall permit the chief of the Washington state patrol,
through the director of fire protection, his or her deputies or
salaried assistants, the local fire official, and their authorized
representatives to enter and inspect the premises at the time and for
the purpose stated in this section.
Sec. 396 RCW 70.77.495 and 2002 c 370 s 39 are each amended to
read as follows:
It is unlawful for any person to set off fireworks of any kind in
forest, fallows, grass, or brush covered land, either on his or her own
land or the property of another, between April 15th and December 1st of
any year, unless it is done under a written permit from the Washington
state department of natural resources or its duly authorized agent, and
in strict accordance with the terms of the permit and any other
applicable law.
Sec. 397 RCW 70.77.545 and 1961 c 228 s 86 are each amended to
read as follows:
A person is guilty of a separate offense for each day during which
he or she commits, continues, or permits a violation of any provision
of, or any order, rule, or regulation made pursuant to this chapter.
Sec. 398 RCW 70.79.100 and 1951 c 32 s 10 are each amended to
read as follows:
(1) Within sixty days after the effective date of this chapter, and
at any time thereafter that the office of the chief inspector may
become vacant, the director of the department of labor and industries
shall appoint a chief inspector who shall have had at the time of such
appointment not less than ten years practical experience in the
construction, maintenance, repair, or operation of high pressure
boilers and unfired pressure vessels, as a mechanical engineer, steam
engineer, boilermaker, or boiler inspector, and who shall have passed
the same kind of examination as that prescribed for deputy or special
inspectors in RCW 70.79.170 to be chief inspector until his or her
successor shall have been appointed and qualified. Such chief
inspector may be removed for cause after due investigation by the board
and its recommendation to the director of the department of labor and
industries.
Sec. 399 RCW 70.79.170 and 2005 c 22 s 7 are each amended to read
as follows:
Examinations for deputy or special inspectors shall be in writing
and shall be held by the chief and a member of the board, or by at
least two national board commissioned inspectors. Such examinations
shall be confined to questions the answers to which will aid in
determining the fitness and competency of the applicant for the
intended service. In case an applicant for an inspector's appointment
or commission fails to pass the examination, he or she may appeal to
the board for another examination which shall be given by the chief
within ninety days. The record of an applicant's examination shall be
accessible to said applicant and his or her employer.
Sec. 400 RCW 70.79.180 and 1951 c 32 s 19 are each amended to
read as follows:
A commission may be suspended or revoked after due investigation
and recommendation by the board to the director of the department of
labor and industries for the incompetence or untrustworthiness of the
holder thereof, or for willful falsification of any matter or statement
contained in his or her application or in a report of any inspection.
A person whose commission has been suspended or revoked, except for
untrustworthiness, shall be entitled to apply to the board for
reinstatement or, in the case of a revocation, for a new examination
and commission after ninety days from such revocation.
Sec. 401 RCW 70.79.330 and 2008 c 181 s 205 are each amended to
read as follows:
The owner or user of a boiler or pressure vessel required by this
chapter to be inspected by the chief inspector, or his or her deputy
inspector, shall pay directly to the chief inspector, upon completion
of inspection, fees and expenses in accordance with a schedule adopted
by the board and approved by the director of the department of labor
and industries in accordance with the requirements of the
administrative procedure act, chapter 34.05 RCW.
During a state of emergency declared under RCW 43.06.010(12), the
governor may waive or suspend the collection of fees under this section
or any portion of this section or under any administrative rule, and
issue any orders to facilitate the operation of state or local
government or to promote and secure the safety and protection of the
civilian population.
Sec. 402 RCW 70.82.024 and 1955 c 326 s 4 are each amended to
read as follows:
From and after the first day of May, 1955, all warrants drawn on
the state cerebral palsy fund and not presented for payment shall be
paid from the general fund, and it shall be the duty of the state
treasurer and he or she is hereby directed to pay such warrants when
presented from the general fund.
Sec. 403 RCW 70.82.030 and 1947 c 240 s 3 are each amended to
read as follows:
Any resident of this state who is educable but so severely
handicapped as the result of cerebral palsy that he or she is unable to
take advantage of the regular system of free education of this state
may be admitted to or be eligible for any service and facilities
provided hereunder, provided such resident has lived in this state
continuously for more than one year before his or her application for
such admission or eligibility.
Sec. 404 RCW 70.93.040 and 1971 ex.s. c 307 s 4 are each amended
to read as follows:
In addition to his or her other powers and duties, the director
shall have the power to propose and to adopt pursuant to chapter 34.05
RCW rules and regulations necessary to carry out the provisions,
purposes, and intent of this chapter.
Sec. 405 RCW 70.94.095 and 1969 ex.s. c 168 s 11 are each amended
to read as follows:
It shall be the duty of the assessor of each component county to
certify annually to the board the aggregate assessed valuation of all
taxable property in all incorporated and unincorporated areas situated
in any activated authority as the same appears from the last assessment
roll of his or her county.
Sec. 406 RCW 70.94.120 and 2009 c 254 s 2 are each amended to
read as follows:
(1) The city selection committee of each county which is included
within an authority shall meet within one month after the activation of
such authority for the purpose of making its initial appointments to
the board of such authority and thereafter whenever necessary for the
purpose of making succeeding appointments. All meetings shall be held
upon at least two weeks written notice given by the county auditor to
each member of the city selection committee of each county and he or
she shall give such notice upon request of any member of such
committee. A similar notice shall be given to the general public by a
publication of such notice in a newspaper of general circulation in
such authority. The county auditor shall act as recording officer,
maintain its records, and give appropriate notice of its proceedings
and actions.
(2) As an alternative to meeting in accordance with subsection (1)
of this section, the county auditor may administer the appointment
process through the mail.
(a) At least four months prior to the expiration of the term of
office, the county auditor must mail a request to each member of the
city selection committee seeking nominations to the office. The
members of the selection committee have until the last day of the
fourth month to return the nomination to the auditor or the auditor's
designee.
(b) Within five business days of the close of the nomination
period, the county auditor will mail ballots by certified mail to the
members of the city selection committee, specifying the date by which
to return the completed ballot which is the last day of the third month
prior to the expiration of the term of office. Each mayor who chooses
to participate in the balloting shall mark the choice for appointment,
sign the ballot, and return the ballot to the county auditor. Each
completed ballot shall be date-stamped upon receipt by the mayor or
staff of the mayor of the city or town. The timely return of completed
ballots by a majority of the members of each city selection committee
constitutes a quorum and the common choice by a majority of the quorum
constitutes a valid appointment.
(3) At least two weeks' written notice must be given by the county
auditor to each member of the city selection committee prior to the
nomination process. A similar notice shall be given to the general
public by publication in a newspaper of general circulation in the
authority. A single notice is sufficient for both the nomination
process and the balloting process.
Sec. 407 RCW 70.94.142 and 1987 c 109 s 35 are each amended to
read as follows:
In connection with the subpoena powers given in RCW 70.94.141(2):
(1) In any hearing held under RCW 70.94.181 and 70.94.221, the
board or the department, and their authorized agents:
(a) Shall issue a subpoena upon the request of any party and, to
the extent required by rule or regulation, upon a statement or showing
of general relevance and reasonable scope of the evidence sought;
(b) May issue a subpoena upon their own motion.
(2) The subpoena powers given in RCW 70.94.141(2) shall be
statewide in effect.
(3) Witnesses appearing under the compulsion of a subpoena in a
hearing before the board or the department shall be paid the same fees
and mileage that are provided for witnesses in the courts of this
state. Such fees and mileage, and the cost of duplicating records
required to be produced by subpoena issued upon the motion of the board
or department, shall be paid by the board or department. Such fees and
mileage, and the cost of producing records required to be produced by
subpoena issued upon the request of a party, shall be paid by that
party.
(4) If an individual fails to obey the subpoena, or obeys the
subpoena but refuses to testify when required concerning any matter
under examination or investigation or the subject of the hearing, the
board or department shall file its written report thereof and proof of
service of its subpoena, in any court of competent jurisdiction in the
county where the examination, hearing, or investigation is being
conducted. Thereupon, the court shall forthwith cause the individual
to be brought before it and, upon being satisfied that the subpoena is
within the jurisdiction of the board or department and otherwise in
accordance with law, shall punish him or her as if the failure or
refusal related to a subpoena from or testimony in that court.
(5) The department may make such rules and regulations as to the
issuance of its own subpoenas as are not inconsistent with the
provisions of this chapter.
Sec. 408 RCW 70.94.390 and 1987 c 109 s 42 are each amended to
read as follows:
The department may, at any time and on its own motion, hold a
hearing to determine if the activation of an authority is necessary for
the prevention, abatement, and control of air pollution which exists or
is likely to exist in any area of the state. Notice of such hearing
shall be conducted in accordance with chapter 42.30 RCW and chapter
34.05 RCW. If at such hearing the department finds that air pollution
exists or is likely to occur in a particular area, and that the
purposes of this chapter and the public interest will be best served by
the activation of an authority it shall designate the boundaries of
such area and set forth in a report to the appropriate county or
counties recommendations for the activation of an authority: PROVIDED,
That if at such hearing the department determines that the activation
of an authority is not practical or feasible for the reason that a
local or regional air pollution control program cannot be successfully
established or operated due to unusual circumstances and conditions,
but that the control and/or prevention of air pollution is necessary
for the purposes of this chapter and the public interest, it may assume
jurisdiction and so declare by order. Such order shall designate the
geographic area in which, and the effective date upon which, the
department will exercise jurisdiction for the control and/or prevention
of air pollution. The department shall exercise its powers and duties
in the same manner as if it had assumed authority under RCW 70.94.410.
All expenses incurred by the department in the control and
prevention of air pollution in any county pursuant to the provisions of
RCW 70.94.390 and 70.94.410 shall constitute a claim against such
county. The department shall certify the expenses to the auditor of
the county, who promptly shall issue his or her warrant on the county
treasurer payable out of the current expense fund of the county. In
the event that the amount in the current expense fund of the county is
not adequate to meet the expenses incurred by the department, the
department shall certify to the state treasurer that ((they have)) it
has a prior claim on any money in the "liquor excise tax fund" that is
to be apportioned to that county by the state treasurer as provided in
RCW 82.08.170. In the event that the amount in the "liquor excise tax
fund" that is to be apportioned to that county by the state treasurer
is not adequate to meet the expenses incurred by the department, the
department shall certify to the state treasurer that they have a prior
claim on any excess funds from the liquor revolving fund that are to be
distributed to that county as provided in RCW 66.08.190 through
66.08.220. All moneys that are collected as provided in this section
shall be placed in the general fund in the account of the office of air
programs of the department.
Sec. 409 RCW 70.94.715 and 1990 c 128 s 4 are each amended to
read as follows:
The department of ecology is hereby authorized to develop an
episode avoidance plan providing for the phased reduction of emissions
wherever and whenever an air pollution episode is forecast. Such an
episode avoidance plan shall conform with any applicable federal
standards and shall be effective statewide. The episode avoidance plan
may be implemented on an area basis in accordance with the occurrence
of air pollution episodes in any given area.
The department of ecology may delegate authority to adopt source
emission reduction plans and authority to implement all stages of
occurrence up to and including the warning stage, and all intermediate
stages up to the warning stage, in any area of the state, to the air
pollution control authority with jurisdiction therein.
The episode avoidance plan, which shall be established by
regulation in accordance with chapter 34.05 RCW, shall include, but not
be limited to, the following:
(1) The designation of episode criteria and stages, the occurrence
of which will require the carrying out of preplanned episode avoidance
procedures. The stages of occurrence shall be (a) forecast, (b) alert,
(c) warning, (d) emergency, and such intermediate stages as the
department shall designate. "Forecast" means the presence of
meteorological conditions that are conducive to accumulation of air
contaminants and is the first stage of an episode. The department
shall not call a forecast episode prior to the department or an
authority calling a first stage impaired air quality condition as
provided by RCW 70.94.473(1)(b) or calling a single-stage impaired air
quality condition as provided by RCW 70.94.473(2). "Alert" means
concentration of air contaminants at levels at which short-term health
effects may occur, and is the second stage of an episode. "Warning"
means concentrations are continuing to degrade, contaminant
concentrations have reached a level which, if maintained, can result in
damage to health, and additional control actions are needed and is the
third level of an episode. "Emergency" means the air quality is posing
an imminent and substantial endangerment to public health and is the
fourth level of an episode;
(2) The requirement that persons responsible for the operation of
air contaminant sources prepare and obtain approval from the director
of source emission reduction plans, consistent with good operating
practice and safe operating procedures, for reducing emissions during
designated episode stages;
(3) Provision for the director of the department of ecology or his
or her authorized representative, or the air pollution control officer
if implementation has been delegated, on the satisfaction of applicable
criteria, to declare and terminate the forecast, alert, warning and all
intermediate stages, up to the warning episode stage, such declarations
constituting orders for action in accordance with applicable source
emission reduction plans;
(4) Provision for the governor to declare and terminate the
emergency stage and all intermediate stages above the warning episode
stage, such declarations constituting orders in accordance with
applicable source emission reduction plans;
(5) Provisions for enforcement by state and local police, personnel
of the departments of ecology and social and health services, and
personnel of local air pollution control agencies; and
(6) Provisions for reduction or discontinuance of emissions
immediately, consistent with good operating practice and safe operating
procedures, under an air pollution emergency as provided in RCW
70.94.720.
Source emission reduction plans shall be considered orders of the
department and shall be subject to appeal to the pollution control
hearings board according to the procedure in chapter 43.21B RCW.
Sec. 410 RCW 70.94.720 and 1971 ex.s. c 194 s 3 are each amended
to read as follows:
Whenever the governor finds that emissions from the operation of
one or more air contaminant sources is causing imminent danger to
public health or safety, he or she may declare an air pollution
emergency and may order the person or persons responsible for the
operation of such air contaminant source or sources to reduce or
discontinue emissions consistent with good operating practice, safe
operating procedures, and source emission reduction plans, if any,
adopted by the department of ecology or any local air pollution control
authority to which the department of ecology has delegated authority to
adopt emission reduction plans. Orders authorized by this section
shall be in writing and may be issued without prior notice or hearing.
In the absence of the governor, any findings, declarations, and orders
authorized by this section may be made and issued by his or her
authorized representative.
Sec. 411 RCW 70.95.210 and 1998 c 90 s 3 are each amended to read
as follows:
Whenever the jurisdictional health department denies a permit or
suspends a permit for a solid waste disposal site, it shall, upon
request of the applicant or holder of the permit, grant a hearing on
such denial or suspension within thirty days after the request therefor
is made. Notice of the hearing shall be given (([to])) to all
interested parties, including the county or city having jurisdiction
over the site and the department. Within thirty days after the
hearing, the health officer shall notify the applicant or the holder of
the permit in writing of his or her determination and the reasons
therefor. Any party aggrieved by such determination may appeal to the
pollution control hearings board by filing with the hearings board a
notice of appeal within thirty days after receipt of notice of the
determination of the health officer. The hearings board shall hold a
hearing in accordance with the provisions of the administrative
procedure act, chapter 34.05 RCW. If the jurisdictional health
department denies a permit renewal or suspends a permit for an
operating waste recycling facility that receives waste from more than
one city or county, and the applicant or holder of the permit requests
a hearing or files an appeal under this section, the permit denial or
suspension shall not be effective until the completion of the appeal
process under this section, unless the jurisdictional health department
declares that continued operation of the waste recycling facility poses
a very probable threat to human health and the environment.
Sec. 412 RCW 70.95B.020 and 1999 c 153 s 66 are each amended to
read as follows:
As used in this chapter unless context requires another meaning:
(1) "Director" means the director of the department of ecology.
(2) "Department" means the department of ecology.
(3) "Certificate" means a certificate of competency issued by the
director stating that the operator has met the requirements for the
specified operator classification of the certification program.
(4) "Wastewater treatment plant" means a facility used to treat any
liquid or waterborne waste of domestic origin or a combination of
domestic, commercial, or industrial origin, and which by its design
requires the presence of an operator for its operation. It shall not
include any facility used exclusively by a single family residence,
septic tanks with subsoil absorption, industrial wastewater treatment
plants, or wastewater collection systems.
(5) "Operator in responsible charge" means an individual who is
designated by the owner as the person on-site in responsible charge of
the routine operation of a wastewater treatment plant.
(6) "Nationally recognized association of certification
authorities" shall mean that organization which serves as an
information center for certification activities, recommends minimum
standards and guidelines for classification of potable water treatment
plants, water distribution systems and wastewater facilities and
certification of operators, facilitates reciprocity between state
programs and assists authorities in establishing new certification
programs and updating existing ones.
(7) "Wastewater collection system" means any system of lines,
pipes, manholes, pumps, liftstations, or other facilities used for the
purpose of collecting and transporting wastewater.
(8) "Operating experience" means routine performance of duties, on-site in a wastewater treatment plant, that affects plant performance or
effluent quality.
(9) "Owner" means in the case of a town or city, the city or town
acting through its chief executive officer or the lessee if operated
pursuant to a lease or contract; in the case of a county, the
((chairman)) chair of the county legislative authority or the
((chairman's)) chair's designee; in the case of a water-sewer district,
board of public utilities, association, municipality, or other public
body, the president or ((chairman)) chair of the body or the
president's or ((chairman's)) chair's designee; in the case of a
privately owned wastewater treatment plant, the legal owner.
(10) "Wastewater certification program coordinator" means an
employee of the department who administers the wastewater treatment
plant operators' certification program.
Sec. 413 RCW 70.96A.180 and 1990 c 151 s 6 are each amended to
read as follows:
(1) If treatment is provided by an approved treatment program and
the patient has not paid or is unable to pay the charge therefor, the
program is entitled to any payment (a) received by the patient or to
which he or she may be entitled because of the services rendered, and
(b) from any public or private source available to the program because
of the treatment provided to the patient.
(2) A patient in a program, or the estate of the patient, or a
person obligated to provide for the cost of treatment and having
sufficient financial ability, is liable to the program for cost of
maintenance and treatment of the patient therein in accordance with
rates established.
(3) The secretary shall adopt rules governing financial ability
that take into consideration the income, savings, and other personal
and real property of the person required to pay, and any support being
furnished by him or her to any person he or she is required by law to
support.
Sec. 414 RCW 70.98.050 and 1990 c 173 s 2 are each amended to
read as follows:
(1) The department of health is designated as the state radiation
control agency, hereinafter referred to as the agency, and shall be the
state agency having sole responsibility for administration of the
regulatory, licensing, and radiation control provisions of this
chapter.
(2) The secretary of health shall be director of the agency,
hereinafter referred to as the secretary, who shall perform the
functions vested in the agency pursuant to the provisions of this
chapter.
(3) The agency shall appoint a state radiological control officer,
and in accordance with the laws of the state, fix his or her
compensation and prescribe his or her powers and duties.
(4) The agency shall for the protection of the occupational and
public health and safety:
(a) Develop programs for evaluation of hazards associated with use
of ionizing radiation;
(b) Develop a statewide radiological baseline beginning with the
establishment of a baseline for the Hanford reservation;
(c) Implement an independent statewide program to monitor ionizing
radiation emissions from radiation sources within the state;
(d) Develop programs with due regard for compatibility with federal
programs for regulation of by-product, source, and special nuclear
materials;
(e) Conduct environmental radiation monitoring programs which will
determine the presence and significance of radiation in the environment
and which will verify the adequacy and accuracy of environmental
radiation monitoring programs conducted by the federal government at
its installations in Washington and by radioactive materials licensees
at their installations;
(f) Formulate, adopt, promulgate, and repeal codes, rules, and
regulations relating to control of sources of ionizing radiation;
(g) Advise, consult, and cooperate with other agencies of the
state, the federal government, other states and interstate agencies,
political subdivisions, and with groups concerned with control of
sources of ionizing radiation;
(h) Have the authority to accept and administer loans, grants, or
other funds or gifts, conditional or otherwise, in furtherance of its
functions, from the federal government and from other sources, public
or private;
(i) Encourage, participate in, or conduct studies, investigations,
training, research, and demonstrations relating to control of sources
of ionizing radiation, including the collection of statistical data and
epidemiological research, where available, on diseases that result from
exposure to sources of ionizing radiation;
(j) Collect and disseminate information relating to control of
sources of ionizing radiation; including:
(i) Maintenance of a file of all license applications, issuances,
denials, amendments, transfers, renewals, modifications, suspensions,
and revocations;
(ii) Maintenance of a file of registrants possessing sources of
ionizing radiation requiring registration under the provisions of this
chapter and any administrative or judicial action pertaining thereto;
and
(iii) Maintenance of a file of all rules and regulations relating
to regulation of sources of ionizing radiation, pending or promulgated,
and proceedings thereon;
(k) Collect and disseminate information relating to nonionizing
radiation, including:
(i) Maintaining a state clearinghouse of information pertaining to
sources and effects of nonionizing radiation with an emphasis on
electric and magnetic fields;
(ii) Maintaining current information on the status and results of
studies pertaining to health effects resulting from exposure to
nonionizing radiation with an emphasis on studies pertaining to
electric and magnetic fields;
(iii) Serving as the lead state agency on matters pertaining to
electric and magnetic fields and periodically informing state agencies
of relevant information pertaining to nonionizing radiation;
(l) In connection with any adjudicative proceeding as defined by
RCW 34.05.010 or any other administrative proceedings as provided for
in this chapter, have the power to issue subpoenas in order to compel
the attendance of necessary witnesses and/or the production of records
or documents.
(5) In order to avoid duplication of efforts, the agency may
acquire the data requested under this section from public and private
entities that possess this information.
Sec. 415 RCW 70.98.100 and 1961 c 207 s 10 are each amended to
read as follows:
(1) The agency shall require each person who possesses or uses a
source of ionizing radiation to maintain necessary records relating to
its receipt, use, storage, transfer, or disposal and such other records
as the agency may require which will permit the determination of the
extent of occupational and public exposure from the radiation source.
Copies of these records shall be submitted to the agency on request.
These requirements are subject to such exemptions as may be provided by
rules.
(2) The agency may by rule and regulation establish standards
requiring that personnel monitoring be provided for any employee
potentially exposed to ionizing radiation and may provide for the
reporting to any employee of his or her radiation exposure record.
Sec. 416 RCW 70.98.190 and 1961 c 207 s 19 are each amended to
read as follows:
Nothing in this chapter shall be construed to limit the kind or
amount of radiation that may be intentionally applied to a person for
diagnostic or therapeutic purposes by or under the immediate direction
of a licensed practitioner of the healing arts acting within the scope
of his or her professional license.
Sec. 417 RCW 70.105.095 and 1987 c 109 s 16 are each amended to
read as follows:
(1) Whenever on the basis on any information the department
determines that a person has violated or is about to violate any
provision of this chapter, the department may issue an order requiring
compliance either immediately or within a specified period of time.
The order shall be delivered by registered mail or personally to the
person against whom the order is directed.
(2) Any person who fails to take corrective action as specified in
a compliance order shall be liable for a civil penalty of not more than
ten thousand dollars for each day of continued noncompliance. In
addition, the department may suspend or revoke any permits and/or
certificates issued under the provisions of this chapter to a person
who fails to comply with an order directed against him or her.
(3) Any order may be appealed pursuant to RCW 43.21B.310.
Sec. 418 RCW 70.106.040 and 1974 ex.s. c 49 s 4 are each amended
to read as follows:
"Director" means the director of the department of agriculture of
the state of Washington, or his or her duly authorized representative.
Sec. 419 RCW 70.106.100 and 1974 ex.s. c 49 s 10 are each amended
to read as follows:
(1) The director may establish in accordance with the provisions of
this chapter, by regulation, standards for the special packaging of any
household substance if he or she finds that:
(a) The degree or nature of the hazard to children in the
availability of such substance, by reason of its packaging is such that
special packaging is required to protect children from serious personal
injury or serious illness resulting from handling, using, or ingesting
such substance; and
(b) The special packaging to be required by such standard is
technically feasible, practicable, and appropriate for such substance.
(2) In establishing a standard under this section, the director
shall consider:
(a) The reasonableness of such standard;
(b) Available scientific, medical, and engineering data concerning
special packaging and concerning childhood accidental ingestions,
illness, and injury caused by household substances;
(c) The manufacturing practices of industries affected by this
chapter; and
(d) The nature and use of the household substance.
(3) In carrying out the provisions of this chapter, the director
shall publish his or her findings, his or her reasons therefor, and
citation of the sections of statutes which authorize his or her action.
(4) Nothing in this chapter authorizes the director to prescribe
specific packaging designs, product content, package quantity, or, with
the exception of authority granted in RCW 70.106.110(1)(b), labeling.
In the case of a household substance for which special packaging is
required pursuant to a regulation under this section, the director may
in such regulation prohibit the packaging of such substance in packages
which he or she determines are unnecessarily attractive to children.
(5) The director shall cause the regulations promulgated under this
chapter to conform with the requirements or exemptions of the federal
hazardous substances act and with the regulations or interpretations
promulgated pursuant thereto.
Sec. 420 RCW 70.106.110 and 1974 ex.s. c 49 s 11 are each amended
to read as follows:
(1) For the purpose of making any household substance which is
subject to a standard established under RCW 70.106.100 readily
available to elderly persons or ((handicapped)) persons with
disabilities unable to use such substance when packaged in compliance
with such standard, the manufacturer or packer, as the case may be, may
package any household substance, subject to such a standard, in
packaging of a single size which does not comply with such standard if:
(a) The manufacturer or packer also supplies such substance in
packages which comply with such standard; and
(b) The packages of such substance which do not meet such standard
bear conspicuous labeling stating: "This package for households
without young children"; except that the director may by regulation
prescribe a substitute statement to the same effect for packaging too
small to accommodate such labeling.
(2) In the case of a household substance which is subject to such
a standard and which is dispensed pursuant to an order of a physician,
dentist, or other licensed medical practitioner authorized to
prescribe, such substance may be dispensed in noncomplying packages
only when directed in such order or when requested by the purchaser.
(3) In the case of a household substance subject to such a standard
which is packaged under subsection (1) of this section in a
noncomplying package, if the director determines that such substance is
not also being supplied by a manufacturer or packer in popular size
packages which comply with such standard, he or she may, after giving
the manufacturer or packer an opportunity to comply with the purposes
of this chapter, by order require such substance to be packaged by such
manufacturer or packer exclusively in special packaging complying with
such standard if he or she finds, after opportunity for hearing, that
such exclusive use of special packaging is necessary to accomplish the
purposes of this chapter.
Sec. 421 RCW 70.108.020 and 1971 ex.s. c 302 s 21 are each
amended to read as follows:
For the purposes of this chapter the following words and phrases
shall have the indicated meanings:
(1) "Outdoor music festival" or "music festival" or "festival"
means an assembly of persons gathered primarily for outdoor, live or
recorded musical entertainment, where the predicted attendance is two
thousand persons or more and where the duration of the program is five
hours or longer: PROVIDED, That this definition shall not be applied
to any regularly established permanent place of worship, stadium,
athletic field, arena, auditorium, coliseum, or other similar
permanently established places of assembly for assemblies which do not
exceed by more than two hundred fifty people the maximum seating
capacity of the structure where the assembly is held: PROVIDED,
FURTHER, That this definition shall not apply to government sponsored
fairs held on regularly established fairgrounds nor to assemblies
required to be licensed under other laws or regulations of the state.
(2) "Promoter" means any person or other legal entity issued a
permit to conduct an outdoor music festival.
(3) "Applicant" means the promoter who has the right of control of
the conduct of an outdoor music festival who applies to the appropriate
legislative authority for a license to hold an outdoor music festival.
(4) "Issuing authority" means the legislative body of the local
governmental unit where the site for an outdoor music festival is
located.
(5) "Participate" means to knowingly provide or deliver to the
festival site supplies, materials, food, lumber, beverages, sound
equipment, generators, or musical entertainment and/or to attend a
music festival. A person shall be presumed to have knowingly provided
as that phrase is used herein after he or she has been served with a
court order.
Sec. 422 RCW 70.108.060 and 1971 ex.s. c 302 s 25 are each
amended to read as follows:
Any local agency requested by an applicant to give written approval
as required by RCW 70.108.040 may within fifteen days after the
applicant has filed his or her application apply to the issuing
authority for reimbursment of expenses reasonably incurred in reviewing
such request. Upon a finding that such expenses were reasonably
incurred, the issuing authority shall reimburse the local agency
therefor from the funds of the permit fee. The issuing authority shall
prior to the first scheduled date of the festival return to the
applicant that portion of the permit fee remaining after all such
reimbursements have been made.
Sec. 423 RCW 70.108.070 and 1972 ex.s. c 123 s 3 are each amended
to read as follows:
After the application has been approved, the promoter shall deposit
with the issuing authority, a cash deposit or surety bond. The bond or
deposit shall be used to pay any costs or charges incurred to regulate
health or to clean up afterwards outside the festival grounds or any
extraordinary costs or charges incurred to regulate traffic or parking.
The bond or other deposit shall be returned to the promoter when the
issuing authority is satisfied that no claims for damage or loss will
be made against said bond or deposit, or that the loss or damage
claimed is less than the amount of the deposit, in which case the
uncommitted balance thereof shall be returned: PROVIDED, That the bond
or cash deposit or the uncommitted portion thereof shall be returned
not later than thirty days after the last day of the festival.
In addition, the promoter shall be required to furnish evidence
that he or she has in full force and effect a liability insurance
policy in an amount of not less than one hundred thousand dollars
bodily injury coverage per person covering any bodily injury
negligently caused by any officer or employee of the festival while
acting in the performance of his or her duties. The policy shall name
the issuing authority of the permit as an additional named insured.
In addition, the promoter shall be required to furnish evidence
that he or she has in full force and effect a one hundred thousand
dollar liability property damage insurance policy covering any property
damaged due to negligent failure by any officer or employee of the
festival to carry out duties imposed by this chapter. The policy shall
have the issuing authority of the permit as an additional named
insured.
Sec. 424 RCW 70.108.150 and 1972 ex.s. c 123 s 5 are each amended
to read as follows:
It shall be unlawful for any person, except law enforcement
officers, to carry, transport, or convey, or to have in his or her
possession or under his or her control any firearm while on the site of
an outdoor music festival.
Any person violating the provisions of this section shall be guilty
of a misdemeanor and upon conviction thereof shall be punished by a
fine of not less than one hundred dollars and not more than two hundred
dollars or by imprisonment in the county jail for not less than ten
days and not more than ninety days or by both such fine and
imprisonment.
Sec. 425 RCW 70.110.080 and 1973 1st ex.s. c 211 s 8 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 violated
any provision of this chapter. 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. 426 RCW 70.112.020 and 2010 1st sp.s. c 7 s 42 are each
amended to read as follows:
There is established a statewide medical education system for the
purpose of training resident physicians in family practice. The dean
of the school of medicine shall be responsible for implementing the
development and expansion of residency programs in cooperation with the
medical profession, hospitals, and clinics located throughout the
state. The ((chairman)) chair of the department of family medicine in
the school of medicine shall determine where affiliated residency
programs shall exist; giving consideration to communities in the state
where the population, hospital facilities, number of physicians, and
interest in medical education indicate the potential success of the
residency program. The medical education system shall provide
financial support for residents in training for those programs which
are affiliated with the school of medicine and shall establish
positions for appropriate faculty to staff these programs. The number
of programs shall be determined by the board and be in keeping with the
needs of the state.
Sec. 427 RCW 70.121.030 and 1979 ex.s. c 110 s 3 are each amended
to read as follows:
(1) Any person who proposes to operate a uranium or thorium mill
within the state of Washington after January 1, 1980, shall obtain a
license from the department to mill thorium and uranium. The period of
the license shall be determined by the secretary and shall be initially
valid for not more than two years and renewable thereafter for periods
of not more than five years. No license may be granted unless:
(a) The owner or operator of the mill submits to the department a
plan for reclamation and disposal of tailings and for decommissioning
the site that conforms to the criteria and standards then in effect for
the protection of the public safety and health; and
(b) The owner of the mill agrees to transfer or revert to the
appropriate state or federal agency upon termination of the license all
lands, buildings, and grounds, and any interests therein, necessary to
fulfill the purposes of this chapter except where the lands are held in
trust for or are owned by any Indian tribe.
(2) Any person operating a uranium or thorium mill on January 1,
1980, shall, at the time of application for renewal of his or her
license to mill thorium or uranium, comply with the following
conditions for continued operation of the mill:
(a) The owner or operator of the mill shall submit to the
department a plan for reclamation and disposal of tailings and for
decommissioning the site that conforms to the criteria and standards
then in effect for the protection of the public safety and health; and
(b) The owner of the mill shall agree to transfer or revert to the
appropriate state or federal agency upon termination of the license all
lands, buildings, and grounds, and any interests therein, necessary to
fulfill the purposes of this chapter except where the lands are held in
trust for or are owned by any Indian tribe.
(3) The department shall, after public notice and opportunity for
written comment, hold a public hearing to consider the adequacy of the
proposed plan to protect the safety and health of the public required
by subsections (1) and (2) of this section. The proceedings shall be
recorded and transcribed. The public hearing shall provide the
opportunity for cross-examination by both the department and the person
proposing the plan required under this section. The department shall
make a written determination as to the licensing of the mill which is
based upon the findings included in the determination and upon the
evidence presented during the public comment period. The determination
is subject to judicial review. If a declaration of nonsignificance is
issued for a license renewal application under rules adopted under
chapter 43.21C RCW, the public hearing is not required.
(4) The department shall set a schedule of license and amendment
fees predicated on the cost of reviewing the license application and of
monitoring for compliance with the conditions of the license. A permit
for construction of a uranium or thorium mill may be granted by the
secretary prior to licensing.
Sec. 428 RCW 70.121.040 and 1979 ex.s. c 110 s 4 are each amended
to read as follows:
The secretary or his or her representative shall monitor the
operations of the mill for compliance with the conditions of the
license by the owner or operator. The mill owner or operator shall be
responsible for compliance, both during the lifetime of the facility
and at shutdown, including but not limited to such requirements as
fencing and posting the site; contouring, covering, and stabilizing the
pile; and for decommissioning the facility.
Sec. 429 RCW 70.121.090 and 1979 ex.s. c 110 s 9 are each amended
to read as follows:
Each licensee under this chapter, as a condition of his or her
license, shall submit to whatever reasonable on-site inspections and
on-site monitoring as required in order for the department to carry out
its responsibilities and duties under this chapter. Such on-site
inspections and monitoring shall be conducted without the necessity of
any further approval or any permit or warrant therefor.
Sec. 430 RCW 71.06.010 and 1985 c 354 s 32 are each amended to
read as follows:
As used in this chapter, the following terms shall have the
following meanings:
"Psychopathic personality" means the existence in any person of
such hereditary, congenital, or acquired condition affecting the
emotional or volitional rather than the intellectual field and
manifested by anomalies of such character as to render satisfactory
social adjustment of such person difficult or impossible.
"Sexual psychopath" means any person who is affected in a form of
psychoneurosis or in a form of psychopathic personality, which form
predisposes such person to the commission of sexual offenses in a
degree constituting him or her a menace to the health or safety of
others.
"Sex offense" means one or more of the following: Abduction,
incest, rape, assault with intent to commit rape, indecent assault,
contributing to the delinquency of a minor involving sexual misconduct,
sodomy, indecent exposure, indecent liberties with children, carnal
knowledge of children, soliciting or enticing or otherwise
communicating with a child for immoral purposes, vagrancy involving
immoral or sexual misconduct, or an attempt to commit any of the said
offenses.
"Minor" means any person under eighteen years of age.
"Department" means department of social and health services.
"Court" means the superior court of the state of Washington.
"Superintendent" means the superintendent of a state institution
designated for the custody, care, and treatment of sexual psychopaths
or psychopathic delinquents.
Sec. 431 RCW 71.06.020 and 1959 c 25 s 71.06.020 are each amended
to read as follows:
Where any person is charged in the superior court in this state
with a sex offense and it appears that such person is a sexual
psychopath, the prosecuting attorney may file a petition in the
criminal proceeding, alleging that the defendant is a sexual psychopath
and stating sufficient facts to support such allegation. Such petition
must be filed and served on the defendant or his or her attorney at
least ten days prior to hearing on the criminal charge.
Sec. 432 RCW 71.06.050 and 1959 c 25 s 71.06.050 are each amended
to read as follows:
Upon completion of said observation period, the superintendent of
the state hospital shall return the defendant to the court, together
with a written report of his or her findings as to whether or not the
defendant is a sexual psychopath and the facts upon which his or her
opinion is based.
Sec. 433 RCW 71.06.060 and 1979 c 141 s 129 are each amended to
read as follows:
After the superintendent's report has been filed, the court shall
determine whether or not the defendant is a sexual psychopath. If said
defendant is found to be a sexual psychopath, the court shall commit
him or her to the secretary of social and health services for
designation of the facility for detention, care, and treatment of the
sexual psychopath. If the defendant is found not to be a sexual
psychopath, the court shall order the sentence to be executed, or may
discharge the defendant as the case may merit.
Sec. 434 RCW 71.06.080 and 1959 c 25 s 71.06.080 are each amended
to read as follows:
Nothing in this chapter shall be construed as to affect the
procedure for the ordinary conduct of criminal trials as otherwise set
up by law. Nothing in this chapter shall be construed to prevent the
defendant, his or her attorney, or the court of its own motion, from
producing evidence and witnesses at the hearing on the probable
existence of sexual psychopathy or at the hearing after the return of
the superintendent's report. Nothing in this chapter shall be
construed as affecting the laws relating to the criminally insane or
the insane criminal, nor shall this chapter be construed as preventing
the defendant from raising the defense of insanity as in other criminal
cases.
Sec. 435 RCW 71.06.091 and 1981 c 136 s 64 are each amended to
read as follows:
A sexual psychopath committed pursuant to RCW 71.06.060 shall be
retained by the superintendent of the institution involved until in the
superintendent's opinion he or she is safe to be at large, or until he
or she has received the maximum benefit of treatment, or is not
amenable to treatment, but the superintendent is unable to render an
opinion that he or she is safe to be at large. Thereupon, the
superintendent of the institution involved shall so inform whatever
court committed the sexual psychopath. The court then may order such
further examination and investigation of such person as seems
necessary, and may at its discretion, summon such person before it for
further hearing, together with any witnesses whose testimony may be
pertinent, and together with any relevant documents and other evidence.
On the basis of such reports, investigation, and possible hearing, the
court shall determine whether the person before it shall be released
unconditionally from custody as a sexual psychopath, released
conditionally, returned to the custody of the institution as a sexual
psychopath, or transferred to the department of corrections to serve
the original sentence imposed upon him or her. The power of the court
to grant conditional release for any such person before it shall be the
same as its power to grant, amend, and revoke probation as provided by
chapter 9.95 RCW. When the sexual psychopath has entered upon the
conditional release, the ((state board of prison terms and paroles))
indeterminate sentence review board shall supervise such person
pursuant to the terms and conditions of the conditional release, as set
by the court: PROVIDED, That the superintendent of the institution
involved shall never release the sexual psychopath from custody without
a court release as herein set forth.
Sec. 436 RCW 71.06.100 and 1967 c 104 s 4 are each amended to
read as follows:
Where under RCW 71.06.091 the superintendent renders his or her
opinion to the committing court, he or she shall provide the committing
court, and, in the event of conditional release, the ((Washington state
board of prison terms and paroles)) indeterminate sentence review
board, with a copy of the hospital medical record concerning the sexual
psychopath.
Sec. 437 RCW 71.06.120 and 1959 c 25 s 71.06.120 are each amended
to read as follows:
Time served by a sexual psychopath in a state hospital shall count
as part of his or her sentence whether such sentence is pronounced
before or after adjudication of his or her sexual psychopathy.
Sec. 438 RCW 71.06.130 and 1967 c 104 s 5 are each amended to
read as follows:
Where a sexual psychopath has been conditionally released by the
committing court, as provided by RCW 71.06.091 for a period of five
years, the court shall review his or her record and when the court is
satisfied that the sexual psychopath is safe to be at large, said
sexual psychopath shall be discharged.
Sec. 439 RCW 71.06.260 and 1985 c 354 s 33 are each amended to
read as follows:
At any time any person is committed as a sexual psychopath the
court shall, after reasonable notice of the time, place and purpose of
the hearing has been given to persons subject to liability under this
section, inquire into and determine the financial ability of said
person, or his or her parents if he or she is a minor, or other
relatives to pay the cost of care, meals and lodging during his or her
period of hospitalization. Such cost shall be determined by the
department of social and health services. Findings of fact shall be
made relative to the ability to pay such cost and a judgment entered
against the person or persons found to be financially responsible and
directing the payment of said cost or such part thereof as the court
may direct. The person committed, or his or her parents or relatives,
may apply for modification of said judgment, or the order last entered
by the court, if a proper showing of equitable grounds is made
therefor.
Sec. 440 RCW 71.12.570 and 1973 1st ex.s. c 142 s 2 are each
amended to read as follows:
No person in an establishment as defined in this chapter shall be
restrained from sending written communications of the fact of his or
her detention in such establishment to a friend, relative, or other
person. The physician in charge of such person and the person in
charge of such establishment shall send each such communication to the
person to whom it is addressed. All persons in an establishment ((as
defined by chapter 71.12 RCW)) shall have no less than all rights
secured to involuntarily detained persons by RCW 71.05.360 and
((71.05.370)) 71.05.217 and to voluntarily admitted or committed
persons pursuant to RCW 71.05.050 and 71.05.380.
Sec. 441 RCW 71.12.640 and 1989 1st ex.s. c 9 s 234 are each
amended to read as follows:
The prosecuting attorney of every county shall, upon application by
the department of social and health services, the department of health,
or its authorized representatives, institute and conduct the
prosecution of any action brought for the violation within his or her
county of any of the provisions of this chapter.
Sec. 442 RCW 71.24.100 and 2005 c 503 s 9 are each amended to
read as follows:
A county authority or a group of county authorities may enter into
a joint operating agreement to form a regional support network. Any
agreement between two or more county authorities for the establishment
of a regional support network shall provide:
(1) That each county shall bear a share of the cost of mental
health services; and
(2) That the treasurer of one participating county shall be the
custodian of funds made available for the purposes of such mental
health services, and that the treasurer may make payments from such
funds upon audit by the appropriate auditing officer of the county for
which he or she is treasurer.
Sec. 443 RCW 72.01.060 and 1983 1st ex.s. c 41 s 26 are each
amended to read as follows:
The secretary shall appoint the chief executive officers necessary
to manage one or more of the public facilities operated by the
department. This section, however, shall not apply to RCW 72.40.020.
Except as otherwise provided in this title, the chief executive
officer of each institution may appoint all assistants and employees
required for the management of the institution placed in his or her
charge, the number of such assistants and employees to be determined
and fixed by the secretary. The chief executive officer of any
institution may, at his or her pleasure, discharge any person therein
employed. The secretary shall investigate all complaints made against
the chief executive officer of any institution and also any complaint
against any other officer or employee thereof, if it has not been
investigated and reported upon by the chief executive officer.
The secretary may, after investigation, for good and sufficient
reasons, order the discharge of any subordinate officer or employee of
an institution.
Each chief executive officer shall receive such salary as is fixed
by the secretary, who shall also fix the compensation of other officers
and the employees of each institution. Such latter compensation shall
be fixed on or before the first day of April of each year and no change
shall be made in the compensation, so fixed, during the twelve month
period commencing April 1st.
Sec. 444 RCW 72.01.120 and 1979 c 141 s 148 are each amended to
read as follows:
When improvements are to be made under contract, notice of the call
for the same shall be published in at least two newspapers of general
circulation in the state for two weeks prior to the award being made.
The contract shall be awarded to the lowest responsible bidder. The
secretary is authorized to require such security as he or she may deem
proper to accompany the bids submitted, and shall also fix the amount
of the bond or other security that shall be furnished by the person or
firm to whom the contract is awarded. The secretary shall have the
power to reject any or all bids submitted, if for any reason it is
deemed for the best interest of the state to do so, and to readvertise
in accordance with the provisions hereof. The secretary shall also
have the power to reject the bid of any person or firm who has had a
prior contract, and who did not, in the opinion of the secretary,
faithfully comply with the same.
Sec. 445 RCW 72.01.140 and 2005 c 353 s 5 are each amended to
read as follows:
The secretary shall:
(1) Make a survey, investigation, and classification of the lands
connected with the state institutions under his or her control, and
determine which thereof are of such character as to be most profitably
used for agricultural, horticultural, dairying, and stock raising
purposes, taking into consideration the costs of making them ready for
cultivation, the character of the soil, its depth and fertility, the
number of kinds of crops to which it is adapted, the local climatic
conditions, the local annual rainfall, the water supply upon the land
or available, the needs of all state institutions for the food products
that can be grown or produced, and the amount and character of the
available labor of inmates at the several institutions;
(2) Establish and carry on suitable farming operations at the
several institutions under his or her control;
(3) Supply the several institutions with the necessary food
products produced thereat;
(4) Exchange with, or furnish to, other institutions, food products
at the cost of production;
(5) Sell and dispose of surplus food products produced.
Sec. 446 RCW 72.01.150 and 1979 c 141 s 150 are each amended to
read as follows:
The secretary shall:
(1) Establish, install and operate, at the several state
institutions under his or her control, such industries and industrial
plants as may be most suitable and beneficial to the inmates thereof,
and as can be operated at the least relative cost and the greatest
relative benefit to the state, taking into consideration the needs of
the state institutions for industrial products, and the amount and
character of labor of inmates available at the several institutions;
(2) Supply the several institutions with the necessary industrial
products produced thereat;
(3) Exchange with, or furnish to, other state institutions
industrial products at prices to be fixed by the department, not to
exceed in any case the price of such products in the open market;
(4) Sell and dispose of surplus industrial products produced, to
such persons and under such rules, regulations, terms, and prices as
may be in his or her judgment for the best interest of the state;
(5) Sell products of the plate mill to any department, to any
state, county, or other public institution and to any governmental
agency, of this or any other state under such rules, regulations,
terms, and prices as may be in his or her judgment for the best
interests of the state.
Sec. 447 RCW 72.01.180 and 1979 c 141 s 152 are each amended to
read as follows:
The secretary shall have the power to select a member of the
faculty of the University of Washington, or the Washington State
University, skilled in scientific food analysis and dietetics, to be
known as the state dietitian, who shall make and furnish to the
department food analyses showing the relative food value, in respect to
cost, of food products, and advise the department as to the quantity,
comparative cost, and food values, of proper diets for the inmates of
the state institutions under the control of the department. The state
dietitian shall receive travel expenses while engaged in the
performance of his or her duties in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended.
Sec. 448 RCW 72.01.240 and 1981 c 136 s 70 are each amended to
read as follows:
Each secretary is hereby empowered to appoint one of the chaplains,
authorized by RCW 72.01.210, to act as supervisor of chaplains for his
or her department, in addition to his or her duties at one of the
institutions designated in RCW 72.01.210.
Sec. 449 RCW 72.01.280 and 1979 c 141 s 158 are each amended to
read as follows:
The superintendent of each public institution and the assistant
physicians, steward, accountant and chief engineer of each hospital for
the mentally ill may be furnished with quarters, household furniture,
board, fuel, and lights for themselves and their families, and the
secretary may, when in his or her opinion any public institution would
be benefited by so doing, extend this privilege to any officer at any
of the public institutions under his or her control. The words
"family" or "families" used in this section shall be construed to mean
only the spouse and dependent children of an officer. Employees may be
furnished with quarters and board for themselves. The secretary shall
charge and collect from such officers and employees the full cost of
the items so furnished, including an appropriate charge for
depreciation of capital items.
Sec. 450 RCW 72.01.282 and 1981 c 136 s 71 are each amended to
read as follows:
All moneys received by the secretary from charges made pursuant to
RCW 72.01.280 shall be deposited by him or her in the state general
fund.
Sec. 451 RCW 72.01.300 and 1979 c 141 s 161 are each amended to
read as follows:
The secretary shall have the power, and it shall be his or her
duty, to install and maintain in the department a proper cost
accounting system of accounts for each of the institutions under the
control of the department, for the purpose of detecting and avoiding
unprofitable expenditures and operations.
Sec. 452 RCW 72.01.310 and 1979 c 141 s 162 are each amended to
read as follows:
Any officer, including the secretary, or employee of the department
or of the institutions under the control of the department, who, by
solicitation or otherwise, exercises his or her influence, directly or
indirectly, to influence other officers or employees of the state to
adopt his or her political views or to favor any particular person or
candidate for office, shall be removed from his or her office or
position by the proper authority.
Sec. 453 RCW 72.01.380 and 1981 c 136 s 73 are each amended to
read as follows:
The secretary is authorized to make rules and regulations providing
for the conditions under which inmates will be granted leaves of
absence, and providing for safeguards to prevent escapes while on leave
of absence: PROVIDED, That leaves of absence granted to inmates under
RCW 72.01.370 shall not allow or permit any inmate to go beyond the
boundaries of this state. The secretary shall also make rules and
regulations requiring the reimbursement of the state from the inmate
granted leave of absence, or his or her family, for the actual costs
incurred arising from any leave of absence granted under the authority
of RCW 72.01.370, subsections (1) and (2): PROVIDED FURTHER, That no
state funds shall be expended in connection with leaves of absence
granted under RCW 72.01.370, subsections (1) and (2), unless such
inmate and his or her immediate family are indigent and without
resources sufficient to reimburse the state for the expenses of such
leaves of absence.
Sec. 454 RCW 72.01.460 and 1981 c 136 s 77 are each amended to
read as follows:
(1) Any lease of public lands with outdoor recreation potential
authorized by the department shall be open and available to the public
for compatible recreational use unless the department determines 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 departmental program. Any lessee may file an
application with the department to close the leased land to any public
use. The department shall cause written notice of the impending
closure to be posted in a conspicuous place in the department's Olympia
office, at the principal office of the institution administering the
land, 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 department
that posting is not necessary, the lessee shall desist from posting.
Upon a determination by the department 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 land for recreational purposes.
(2) The department may insert the provisions of subsection (1) of
this section in all leases hereafter issued.
Sec. 455 RCW 72.02.100 and 1988 c 143 s 5 are each amended to
read as follows:
Any person serving a sentence for a term of confinement in a state
correctional facility for convicted felons, pursuant to court
commitment, who is thereafter released upon an order of parole of the
indeterminate ((sentencing)) sentence review board, or who is
discharged from custody upon expiration of sentence, or who is ordered
discharged from custody by a court of appropriate jurisdiction, shall
be entitled to retain his or her earnings from labor or employment
while in confinement and shall be supplied by the superintendent of the
state correctional facility with suitable and presentable clothing, the
sum of forty dollars for subsistence, and transportation by the least
expensive method of public transportation not to exceed the cost of one
hundred dollars to his or her place of residence or the place
designated in his or her parole plan, or to the place from which
committed if such person is being discharged on expiration of sentence,
or discharged from custody by a court of appropriate jurisdiction:
PROVIDED, That up to sixty additional dollars may be made available to
the parolee for necessary personal and living expenses upon application
to and approval by such person's community corrections officer. If in
the opinion of the superintendent suitable arrangements have been made
to provide the person to be released with suitable clothing and/or the
expenses of transportation, the superintendent may consent to such
arrangement. If the superintendent has reasonable cause to believe
that the person to be released has ample funds, with the exception of
earnings from labor or employment while in confinement, to assume the
expenses of clothing, transportation, or the expenses for which
payments made pursuant to RCW 72.02.100 or 72.02.110 or any one or more
of such expenses, the person released shall be required to assume such
expenses.
Sec. 456 RCW 72.02.110 and 1988 c 143 s 6 are each amended to
read as follows:
As state, federal or other funds are available, the secretary of
corrections or his or her designee is authorized, in his or her
discretion, not to provide the forty dollars subsistence money or the
optional sixty dollars to a person or persons released as described in
RCW 72.02.100, and instead to utilize the authorization and procedure
contained in this section relative to such person or persons.
Any person designated by the secretary serving a sentence for a
term of confinement in a state correctional facility for convicted
felons, pursuant to court commitment, who is thereafter released upon
an order of parole of the indeterminate ((sentencing)) sentence review
board, or is discharged from custody upon expiration of sentence, or is
ordered discharged from custody by a court of appropriate jurisdiction,
shall receive the sum of fifty-five dollars per week for a period of up
to six weeks. The initial weekly payment shall be made to such person
upon his or her release or parole by the superintendent of the
institution. Subsequent weekly payments shall be made to such person
by the community corrections officer at the office of such officer. In
addition to the initial six weekly payments provided for in this
section, a community corrections officer and his or her supervisor may,
at their discretion, continue such payments up to a maximum of twenty
additional weeks when they are satisfied that such person is actively
seeking employment and that such payments are necessary to continue the
efforts of such person to gain employment: PROVIDED, That if, at the
time of release or parole, in the opinion of the superintendent funds
are otherwise available to such person, with the exception of earnings
from labor or employment while in confinement, such weekly sums of
money or part thereof shall not be provided to such person.
When a person receiving such payments provided for in this section
becomes employed, he or she may continue to receive payments for two
weeks after the date he or she becomes employed but payments made after
he or she becomes employed shall be discontinued as of the date he or
she is first paid for such employment: PROVIDED, That no person shall
receive payments for a period exceeding the twenty-six week maximum as
established in this section.
The secretary of corrections may annually adjust the amount of
weekly payment provided for in this section to reflect changes in the
cost of living and the purchasing power of the sum set for the previous
year.
Sec. 457 RCW 72.04A.090 and 1981 c 136 s 84 are each amended to
read as follows:
Whenever a parolee breaches a condition or conditions under which
he or she was granted parole, or violates any law of the state or rules
and regulations of the ((board of prison terms and paroles))
indeterminate sentencing review board, any probation and parole officer
may arrest, or cause the arrest and suspension of parole of, such
parolee without a warrant, pending a determination by the board. The
facts and circumstances of such conduct of the parolee shall be
reported by the probation and parole officer, with recommendations, to
the ((board of prison terms and paroles)) indeterminate sentence review
board, who may order the revocation or suspension of parole, revise or
modify the conditions of parole or take such other action as may be
deemed appropriate in accordance with RCW 9.95.120. The ((board of
prison terms and paroles)) indeterminate sentence review board, after
consultation with the secretary of corrections, shall make all rules
and regulations concerning procedural matters, which shall include the
time when state probation and parole officers shall file with the board
reports required by this section, procedures pertaining thereto and the
filing of such information as may be necessary to enable the ((board of
prison terms and paroles)) indeterminate sentence review board to
perform its functions under this section.
The probation and parole officers shall have like authority and
power regarding the arrest and detention of a probationer who has
breached a condition or conditions under which he or she was granted
probation by the superior court, or violates any law of the state,
pending a determination by the superior court.
In the event a probation and parole officer shall arrest or cause
the arrest and suspension of parole of a parolee or probationer in
accordance with the provisions of this section, such parolee or
probationer shall be confined and detained in the county jail of the
county in which the parolee or probationer was taken into custody, and
the sheriff of such county shall receive and keep in the county jail,
where room is available, all prisoners delivered thereto by the
probation and parole officer, and such parolees shall not be released
from custody on bail or personal recognizance, except upon approval of
the ((board of prison terms and paroles)) indeterminate sentence review
board and the issuance by the board of an order of reinstatement on
parole on the same or modified conditions of parole.
Sec. 458 RCW 72.04A.120 and 2011 1st sp.s. c 40 s 12 are each
amended to read as follows:
(1) Any person placed on parole shall be required to pay the
supervision intake fee, prescribed under RCW 9.94A.780(3). The
department may exempt a person from the payment of all or any part of
the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been unable to
obtain employment which provides the offender sufficient income to make
such payments.
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him or her from obtaining
employment.
(e) The offender is responsible for the support of dependents and
the payment of the assessment constitutes an undue hardship on the
offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment.
(3) Payment of the assessed amount shall constitute a condition of
parole for purposes of the application of RCW 72.04A.090.
(4) All amounts required to be paid under this section shall be
collected by the department of corrections and deposited by the
department in the dedicated fund established pursuant to RCW 72.11.040.
Sec. 459 RCW 72.05.152 and 1987 c 185 s 37 are each amended to
read as follows:
No inmate of a juvenile forest camp who is affected by this chapter
or receives benefits pursuant to RCW 72.05.152 and 72.05.154 shall be
considered as an employee or to be employed by the state or the
department of social and health services or the department of natural
resources, nor shall any such inmate, except those provided for in RCW
72.05.154, come within any of the provisions of the workers'
compensation act, or be entitled to any benefits thereunder, whether on
behalf of himself or herself or any other person. All moneys paid to
inmates shall be considered a gratuity.
Sec. 460 RCW 72.05.154 and 1973 c 68 s 2 are each amended to read
as follows:
From and after July 1, 1973, any inmate working in a juvenile
forest camp established and operated pursuant to RCW 72.05.150,
pursuant to an agreement between the department of social and health
services and the department of natural resources shall be eligible for
the benefits provided by Title 51 RCW, as now or hereafter amended,
relating to industrial insurance, with the exceptions provided by this
section.
No inmate as described in RCW 72.05.152, until released upon an
order of parole by the department of social and health services, or
discharged from custody upon expiration of sentence, or discharged from
custody by order of a court of appropriate jurisdiction, or his or her
dependents or beneficiaries, shall be entitled to any payment for
temporary disability or permanent total disability as provided for in
RCW 51.32.090 or 51.32.060 respectively, as now or hereafter amended,
or to the benefits of chapter 51.36 RCW relating to medical aid:
PROVIDED, That RCW 72.05.152 and 72.05.154 shall not affect the
eligibility, payment or distribution of benefits for any industrial
injury to the inmate which occurred prior to his or her existing
commitment to the department of social and health services.
Any and all premiums or assessments as may arise under this section
pursuant to the provisions of Title 51 RCW shall be the obligation of
and be paid by the state department of natural resources.
Sec. 461 RCW 72.19.040 and 1979 c 141 s 225 are each amended to
read as follows:
The superintendent, subject to the approval of the secretary, shall
appoint such associate superintendents as shall be deemed necessary.
In the event the superintendent shall be absent from the institution,
or during periods of illness or other situations incapacitating the
superintendent from properly performing his or her duties, one of the
associate superintendents of such institution shall act as
superintendent during such period of absence, illness, or incapacity as
may be designated by the secretary.
Sec. 462 RCW 72.20.040 and 1990 c 33 s 593 are each amended to
read as follows:
The superintendent, subject to the direction and approval of the
secretary shall:
(1) Have general supervision and control of the grounds and
buildings of the institution, the subordinate officers and employees,
and the inmates thereof, and all matters relating to their government
and discipline.
(2) Make such rules, regulations, and orders, not inconsistent with
law or with the rules, regulations, or directions of the secretary, as
may seem to him or her proper or necessary for the government of such
institution and for the employment, discipline, and education of the
inmates, except for the program of education provided pursuant to RCW
28A.190.030 through 28A.190.050 which shall be governed by the school
district conducting the program.
(3) Exercise such other powers, and perform such other duties as
the secretary may prescribe.
Sec. 463 RCW 72.23.040 and 1959 c 28 s 72.23.040 are each amended
to read as follows:
The superintendent shall provide an official seal upon which shall
be inscribed the statutory name of the hospital under his or her charge
and the name of the state. He or she shall affix the seal of the
hospital to any notice, order of discharge, or other paper required to
be given by him or her or issued.
Sec. 464 RCW 72.23.050 and 1979 ex.s. c 135 s 5 are each amended
to read as follows:
The superintendent shall not be required to attend any court as a
witness in a civil or juvenile court proceedings, but parties desiring
his or her testimony can take and use his or her deposition; nor shall
he or she be required to attend as a witness in any criminal case,
unless the court before which his or her testimony shall be desired
shall, upon being satisfied of the materiality of his or her testimony
require his or her attendance; and, in time of peace, he, she, and all
other persons employed at the hospital shall be exempt from performing
military duty; and the certificate of the superintendent shall be
evidence of such employment.
Sec. 465 RCW 72.23.060 and 1959 c 28 s 72.23.060 are each amended
to read as follows:
The superintendent is authorized to accept and receive from any
person or organization gifts of money or personal property on behalf of
the state hospital under his or her charge, or on behalf of the
patients therein. The superintendent is authorized to use such money
or personal property for the purposes specified by the donor where such
purpose is consistent with law. In the absence of a specified use the
superintendent may use such money or personal property for the benefit
of the state hospital under his or her charge or for the general
benefit of the patients therein. The superintendent shall keep an
accurate record of the amount or kind of gift, the date received, and
the name and address of the donor. The superintendent may deposit any
money received as he or she sees fit upon the giving of adequate
security. Any increase resulting from such gift may be used for the
same purpose as the original gift. Gratuities received for services
rendered by a state hospital staff in their official capacity shall be
used for the purposes specified in this section.
Sec. 466 RCW 72.23.130 and 1959 c 28 s 72.23.130 are each amended
to read as follows:
It shall be the duty of the superintendent to ascertain by diligent
inquiry and correspondence, the history of each and every patient
admitted to his or her hospital.
Sec. 467 RCW 72.23.160 and 1959 c 28 s 72.23.160 are each amended
to read as follows:
If a patient shall escape from a state hospital the superintendent
shall cause immediate search to be made for him or her and return him
or her to said hospital wherever found. Notice of such escape shall be
given to the committing court who may issue an order of apprehension
and return directed to any peace officer within the state. Notice may
be given to any sheriff or peace officer, who, when requested by the
superintendent, may apprehend and detain such escapee or return him or
her to the state hospital without warrant.
Sec. 468 RCW 72.23.200 and 1971 ex.s. c 292 s 52 are each amended
to read as follows:
No mentally ill person under the age of sixteen years shall be
regularly confined in any ward in any state hospital which ward is
designed and operated for the care of the mentally ill eighteen years
of age or over. No person of the ages of sixteen and seventeen shall
be placed in any such ward, when in the opinion of the superintendent
such placement would be detrimental to the mental condition of such a
person or would impede his or her recovery or treatment.
Sec. 469 RCW 72.23.230 and 1987 c 75 s 21 are each amended to
read as follows:
The superintendent of a state hospital shall be the custodian
without compensation of such personal property of a patient
involuntarily hospitalized therein as may come into the
superintendent's possession while the patient is under the jurisdiction
of the hospital. As such custodian, the superintendent shall have
authority to disburse moneys from the patients' funds for the following
purposes only and subject to the following limitations:
(1) The superintendent may disburse any of the funds in his or her
possession belonging to a patient for such personal needs of that
patient as may be deemed necessary by the superintendent; and
(2) Whenever the funds belonging to any one patient exceed the sum
of one thousand dollars or a greater sum as established by rules and
regulations of the department, the superintendent may apply the excess
to reimbursement for state hospitalization and/or outpatient charges of
such patient to the extent of a notice and finding of responsibility
issued under RCW 43.20B.340; and
(3) When a patient is paroled, the superintendent shall deliver
unto the said patient all or such portion of the funds or other
property belonging to the patient as the superintendent may deem
necessary and proper in the interests of the patient's welfare, and the
superintendent may during the parole period deliver to the patient such
additional property or funds belonging to the patient as the
superintendent may from time to time determine necessary and proper.
When a patient is discharged from the jurisdiction of the hospital, the
superintendent shall deliver to such patient all funds or other
property belonging to the patient, subject to the conditions of
subsection (2) of this section.
All funds held by the superintendent as custodian may be deposited
in a single fund. Annual reports of receipts and expenditures shall be
forwarded to the department, and shall be open to inspection by
interested parties: PROVIDED, That all interest accruing from, or as
a result of the deposit of such moneys in a single fund shall be used
by the superintendent for the general welfare of all the patients of
such institution: PROVIDED, FURTHER, That when the personal accounts
of patients exceed three hundred dollars, the interest accruing from
such excess shall be credited to the personal accounts of such
patients. All such expenditures shall be accounted for by the
superintendent.
The appointment of a guardian for the estate of such patient shall
terminate the superintendent's authority to pay state hospitalization
charges from funds subject to the control of the guardianship upon the
superintendent's receipt of a certified copy of letters of
guardianship. Upon the guardian's request, the superintendent shall
forward to such guardian any funds subject to the control of the
guardianship or other property of the patient remaining in the
superintendent's possession, together with a final accounting of
receipts and expenditures.
Sec. 470 RCW 72.23.240 and 1959 c 28 s 72.23.240 are each amended
to read as follows:
Upon receipt of a written request signed by the superintendent
stating that a designated patient of such hospital is involuntarily
hospitalized therein, and that no guardian of his or her estate has
been appointed, any person, bank, firm, or corporation having
possession of any money, bank accounts, or choses in action owned by
such patient, may, if the balance due does not exceed one thousand
dollars, deliver the same to the superintendent and mail written notice
thereof to such patient at such hospital. The receipt of the
superintendent shall be full and complete acquittance for such payment
and the person, bank, firm, or corporation making such payment shall
not be liable to the patient or his or her legal representatives. All
funds so received by the superintendent shall be deposited in such
patient's personal account at such hospital and be administered in
accordance with this chapter.
If any proceeding is brought in any court to recover property so
delivered, the attorney general shall defend the same without cost to
the person, bank, firm, or corporation effecting such delivery, and the
state shall indemnify such person, bank, firm, or corporation against
any judgment rendered as a result of such proceeding.
Sec. 471 RCW 72.25.020 and 1977 ex.s. c 80 s 50 are each amended
to read as follows:
The secretary shall also return all nonresident sexual psychopaths,
psychopathic delinquents, or mentally ill persons who are now confined
in or who may hereafter be committed to a state hospital for the sexual
psychopath, psychopathic delinquent, or the mentally ill in this state
to the states or state in which they may have a legal residence. For
the purpose of facilitating the return of such persons the secretary
may enter into a reciprocal agreement with any other state for the
mutual exchange of sexual psychopaths, psychopathic delinquents, or
mentally ill persons now confined in or hereafter committed to any
hospital for the sexual psychopath, psychopathic delinquent, or the
mentally ill in one state whose legal residence is in the other, and he
or she may give written permission for the return of any resident of
Washington now or hereafter confined in a hospital for the sexual
psychopath, psychopathic delinquent, or the mentally ill in another
state. Such residents may be returned directly to the proper
Washington state institution without further court proceedings:
PROVIDED, That if the superintendent of such institution is of the
opinion that the returned person is not a sexual psychopath, a
psychopathic delinquent, or mentally ill person he or she may discharge
said patient: PROVIDED FURTHER, That if such superintendent deems such
person a sexual psychopath, a psychopathic delinquent, or mentally ill
person, he or she shall file an application for commitment within
ninety days of arrival at the Washington institution.
A person shall be deemed to be a resident of this state within the
meaning of this chapter who has maintained his or her domiciliary
residence in this state for a period of one year preceding commitment
to a state institution without receiving assistance from any tax
supported organization and who has not subsequently acquired a domicile
in another state: PROVIDED, That any period of time spent by such
person while an inmate of a state hospital or state institution or
while on parole, escape, or leave of absence therefrom shall not be
counted in determining the time of residence in this or another state.
All expenses incurred in returning sexual psychopaths, psychopathic
delinquents, or mentally ill persons from this to another state may be
paid by this state, but the expense of returning residents of this
state shall be borne by the state making the return. Mentally ill
person for the purposes of this section shall be any person defined as
mentally ill under RCW 72.23.010, as now or hereafter amended.
Sec. 472 RCW 72.27.050 and 1965 ex.s. c 26 s 5 are each amended
to read as follows:
No person shall be transferred to another party state pursuant to
this chapter unless the compact administrator first shall have obtained
either:
(a) The written consent to such transfer by the proposed transferee
or by others on his or her behalf, which consent shall be executed in
accordance with the requirements of RCW 72.23.070, and if such person
was originally committed involuntarily, such consent also shall be
approved by the committing court; or
(b) An order of the superior court approving such transfer, which
order shall be obtained from the committing court, if such person was
committed involuntarily, otherwise from the superior court of the
county where such person resided at the time of such commitment; and
such order shall be issued only after notice and hearing in the manner
provided for the involuntary commitment of mentally ill or mentally
deficient persons as the case may be.
The courts of this state shall have concurrent jurisdiction with
the appropriate courts of other party states to hear and determine
petitions seeking the release or return of residents of this state who
have been transferred from this state under this chapter to the same
extent as if such persons were hospitalized in this state; and the laws
of this state relating to the release of such persons shall govern the
disposition of any such proceeding.
Sec. 473 RCW 72.41.020 and 1993 c 147 s 7 are each amended to
read as follows:
There is hereby created a board of trustees for the state school
for the blind to be composed of a resident from each of the state's
congressional districts now or hereafter existing. Trustees with
voting privileges shall be appointed by the governor with the consent
of the senate. A representative of the parent-teachers association of
the Washington state school for the blind, a representative of the
Washington council of the blind, a representative of the national
federation of the blind of Washington, one representative designated by
the teacher association of the Washington state school for the blind,
and a representative of the classified staff designated by his or her
exclusive bargaining representative shall each be ex officio and
nonvoting members of the board of trustees and shall serve during their
respective tenures in such positions.
Trustees 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 within sixty
days of the vacancy and appointed only for the remainder of the term.
One trustee shall be a resident and qualified elector from each of
the state's congressional districts. The board shall not be deemed to
be unlawfully constituted and a trustee shall not be deemed ineligible
to serve the remainder of the trustee's unexpired term on the board
solely by reason of the establishment of new or revised boundaries for
congressional districts. No voting trustee may be an employee of the
state school for the blind, a member of the board of directors of any
school district, a member of the governing board of any public or
private educational institution, a school district or educational
service district administrator, appointed after July 1, 1986, or an
elected officer or member of the legislative authority or any municipal
corporation.
The 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. A majority of the voting members of the board in
office shall constitute a quorum, but a lesser number may convene from
time to time and may compel the attendance of absent members in such
manner as prescribed in its bylaws, rules, or regulations. The
superintendent of the state school for the blind 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.
Sec. 474 RCW 72.41.030 and 1973 c 118 s 3 are each amended to
read as follows:
Within thirty days of their appointment or July 1, 1973, whichever
is sooner, the board of trustees shall organize, adopt bylaws for its
own government, and make such rules and regulations not inconsistent
with this chapter as they deem necessary. At such organizational
meeting it shall elect from among its members a ((chairman)) chair and
a vice ((chairman)) chair, each to serve for one year, and annually
thereafter shall elect such officers to serve until their successors
are appointed or qualified.
Sec. 475 RCW 72.42.031 and 2002 c 209 s 9 are each amended to
read as follows:
(1) The board of trustees shall organize, adopt bylaws for its own
governance, and adopt rules not inconsistent with this chapter as they
deem necessary. At such organizational meeting it shall elect from
among its members a ((chairman)) chair and a vice ((chairman)) chair,
each to serve for one year, and annually thereafter shall elect such
officers to serve until their successors are appointed or qualified.
(2) A majority of the voting members of the board in office
constitutes 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 by its bylaws, rules, or regulations.
Sec. 476 RCW 72.60.100 and 1989 c 185 s 10 are each amended to
read as follows:
Nothing in this chapter is intended to restore, in whole or in
part, the civil rights of any inmate. No inmate compensated for work
in correctional industries shall be considered as an employee or to be
employed by the state or the department, nor shall any such inmate,
except those provided for in RCW 72.60.102 and 72.64.065, come within
any of the provisions of the workers' compensation act, or be entitled
to any benefits thereunder whether on behalf of himself, herself, or of
any other person.
Sec. 477 RCW 72.60.160 and 1981 c 136 s 103 are each amended to
read as follows:
All articles, materials, and supplies herein authorized to be
produced or manufactured in correctional institutions may be purchased
from the institution producing or manufacturing the same by any state
agency or political subdivision of the state, and the secretary shall
require those institutions under his or her direction to give
preference to the purchasing of their needs of such articles as are so
produced.
Sec. 478 RCW 72.64.010 and 1979 c 141 s 265 are each amended to
read as follows:
The secretary shall have the power and it shall be his or her duty
to provide for the useful employment of prisoners in the adult
correctional institutions: PROVIDED, That no prisoners shall be
employed in what is known as the contract system of labor.
Sec. 479 RCW 72.64.040 and 1973 1st ex.s. c 154 s 105 are each
amended to read as follows:
Where a prisoner is employed at any occupation for which pay is
allowed or permitted, or at any gainful occupation from which the state
derives an income, the department shall credit the prisoner with the
total amount of his or her earnings.
The amount of earnings credited but unpaid to a prisoner may be
paid to the prisoner's spouse, children, mother, father, brother, or
sister as the inmate may direct upon approval of the superintendent.
Upon release, parole, or discharge, all unpaid earnings of the prisoner
shall be paid to him or her.
Sec. 480 RCW 72.64.065 and 1972 ex.s. c 40 s 3 are each amended
to read as follows:
From and after July 1, 1973, any inmate working in a department of
natural resources adult honor camp established and operated pursuant to
RCW 72.64.050, 72.64.060, and 72.64.100 shall be eligible for the
benefits provided by Title 51 RCW, as now or hereafter amended,
relating to industrial insurance, with the exceptions herein provided.
No inmate as herein described, until released upon an order of
parole by the state ((board of prison terms and paroles)) indeterminate
sentence review board, or discharged from custody upon expiration of
sentence, or discharged from custody by order of a court of appropriate
jurisdiction, or his or her dependents or beneficiaries, shall be
entitled to any payment for temporary disability or permanent total
disability as provided for in RCW 51.32.090 or 51.32.060 respectively,
as now or hereafter enacted, or to the benefits of chapter 51.36 RCW
relating to medical aid.
Any and all premiums or assessments as may arise under this section
pursuant to the provisions of Title 51 RCW shall be the obligation of
and be paid by the state department of natural resources.
Sec. 481 RCW 72.64.070 and 1979 c 141 s 270 are each amended to
read as follows:
The department shall determine which prisoners shall be eligible
for employment under RCW 72.64.060, and shall establish and modify
lists of prisoners eligible for such employment, upon the requisition
of an agency mentioned in RCW 72.64.060. The secretary may send to the
place, and at the time designated, the number of prisoners
requisitioned, or such number thereof as have been determined to be
eligible for such employment and are available. No prisoner shall be
eligible or shall be released for such employment until his or her
eligibility therefor has been determined by the department.
The secretary may return to prison any prisoner transferred to camp
pursuant to this section, when the need for such prisoner's labor has
ceased or when the prisoner is guilty of any violation of the rules and
regulations of the prison or camp.
Sec. 482 RCW 72.64.110 and 1980 c 17 s 1 are each amended to read
as follows:
(1) The secretary may enter into a contract with any county of the
state, upon the request of the sheriff thereof, wherein the secretary
agrees to furnish confinement, care, treatment, and employment of
county prisoners. The county shall reimburse the state for the cost of
such services. Each county shall pay to the state treasurer the
amounts found to be due.
(2) The secretary shall accept such county prisoner if he or she
believes that the prisoner can be materially benefited by such
confinement, care, treatment, and employment, and if adequate
facilities to provide such care are available. No such person shall be
transported to any facility under the jurisdiction of the secretary
until the secretary has notified the referring court of the place to
which said person is to be transmitted and the time at which he or she
can be received.
(3) The sheriff of the county in which such an order is made
placing a misdemeanant in a jail camp pursuant to this chapter, or any
other peace officer designated by the court, shall execute an order
placing such county prisoner in the jail camp or returning him or her
therefrom to the court.
(4) The secretary may return to the committing authority, or to
confinement according to his or her sentence, any person committed or
transferred to a regional jail camp pursuant to this chapter when there
is no suitable employment or when such person is guilty of any
violation of rules and regulations of the regional jail camp.
Sec. 483 RCW 72.65.020 and 1984 c 209 s 28 are each amended to
read as follows:
(1) The secretary is authorized to extend the limits of the place
of confinement and treatment within the state of any prisoner convicted
of a felony, sentenced to a term of confinement and treatment by the
superior court, and serving such sentence in a state correctional
institution under the jurisdiction of the department, by authorizing a
work release plan for such prisoner, permitting him or her, under
prescribed conditions, to do any of the following:
(a) Work at paid employment.
(b) Participate in a vocational training program: PROVIDED, That
the tuition and other expenses of such a vocational training program
shall be paid by the prisoner, by someone in his or her behalf, or by
the department: PROVIDED FURTHER, That any expenses paid by the
department shall be recovered by the department pursuant to the terms
of RCW 72.65.050.
(c) Interview or make application to a prospective employer or
employers, or enroll in a suitable vocational training program.
Such work release plan of any prison shall require that he or she
be confined during the hours not reasonably necessary to implement the
plan, in (1) a state correctional institution, (2) a county or city
jail, which jail has been approved after inspection pursuant to RCW
70.48.050, or (3) any other appropriate, supervised facility, after an
agreement has been entered into between the department and the
appropriate authorities of the facility for the housing of work release
prisoners.
(2) This section applies only to persons sentenced for crimes that
were committed before July 1, 1984.
Sec. 484 RCW 72.65.030 and 1984 c 209 s 29 are each amended to
read as follows:
(1) Any prisoner serving a sentence in a state correctional
institution may make application to participate in the work release
program to the superintendent of the institution in which he or she is
confined. Such application shall set forth the name and address of his
or her proposed employer or employers or shall specify the vocational
training program, if any, in which he or she is enrolled. It shall
include a statement to be executed by such prisoner that if his or her
application be approved he or she agrees to abide faithfully by all
terms and conditions of the particular work release plan adopted for
him or her. It shall further set forth such additional information as
the department or the secretary shall require.
(2) This section applies only to persons sentenced for crimes that
were committed before July 1, 1984.
Sec. 485 RCW 72.65.040 and 1984 c 209 s 30 are each amended to
read as follows:
(1) The superintendent of the state correctional institution in
which a prisoner who has made application to participate in the work
release program is confined, after careful study of the prisoner's
conduct, attitude, and behavior within the institutions under the
jurisdiction of the department, his or her criminal history and all
other pertinent case history material, shall determine whether or not
there is reasonable cause to believe that the prisoner will honor his
or her trust as a work release participant. After having made such
determination, the superintendent, in his or her discretion, may deny
the prisoner's application, or recommend to the secretary, or such
officer of the department as the secretary may designate, that the
prisoner be permitted to participate in the work release program. The
secretary or his or her designee, may approve, reject, modify, or defer
action on such recommendation. In the event of approval, the secretary
or his or her designee, shall adopt a work release plan for the
prisoner, which shall constitute an extension of the limits of
confinement and treatment of the prisoner when released pursuant
thereto, and which shall include such terms and conditions as may be
deemed necessary and proper under the particular circumstances. The
plan shall be signed by the prisoner under oath that he or she will
faithfully abide by all terms and conditions thereof. Further, as a
condition, the plan shall specify where such prisoner shall be confined
when not released for the purpose of the work release plan. At any
time after approval has been granted to any prisoner to participate in
the work release program, such approval may be revoked, and if the
prisoner has been released on a work release plan, he or she may be
returned to a state correctional institution, or the plan may be
modified, in the sole discretion of the secretary or his or her
designee. Any prisoner who has been initially rejected either by the
superintendent or the secretary or his or her designee, may reapply for
permission to participate in a work release program after a period of
time has elapsed from the date of such rejection. This period of time
shall be determined by the secretary or his or her designee, according
to the individual circumstances in each case.
(2) This section applies only to persons sentenced for crimes that
were committed before July 1, 1984.
Sec. 486 RCW 72.66.010 and 1981 c 136 s 113 are each amended to
read as follows:
As used in this chapter the following words shall have the
following meanings:
(1) "Department" means the department of corrections.
(2) "Furlough" means an authorized leave of absence for an eligible
resident, without any requirement that the resident be accompanied by,
or be in the custody of, any law enforcement or corrections official
while on such leave.
(3) "Emergency furlough" means a specially expedited furlough
granted to a resident to enable him or her to meet an emergency
situation, such as the death or critical illness of a member of his or
her family.
(4) "Resident" means a person convicted of a felony and serving a
sentence for a term of confinement in a state correctional institution
or facility, or a state approved work or training release facility.
(5) "Secretary" means the secretary of corrections, or his or her
designee or designees.
Sec. 487 RCW 72.66.014 and 1973 c 20 s 4 are each amended to read
as follows:
A resident may apply for a furlough if he or she is not precluded
from doing so under this section. A resident shall be ineligible to
apply for a furlough if:
(1) He or she is not classified by the secretary as eligible for or
on minimum security status; or
(2) His or her minimum term of imprisonment has not been set; or
(3) He or she has a valid detainer pending and the agency holding
the detainer has not provided written approval for him or her to be
placed on a furlough-eligible status. Such written approval may
include either specific approval for a particular resident or general
approval for a class or group of residents.
Sec. 488 RCW 72.66.018 and 1973 c 20 s 6 are each amended to read
as follows:
A furlough may only be granted to enable the resident:
(1) To meet an emergency situation, such as death or critical
illness of a member of his or her family;
(2) To obtain medical care not available in a facility maintained
by the department;
(3) To seek employment or training opportunities, but only when:
(a) There are scheduled specific work interviews to take place
during the furlough;
(b) The resident has been approved for work or training release but
his or her work or training placement has not occurred or been
concluded; or
(c) When necessary for the resident to prepare a parole plan for a
parole meeting scheduled to take place within one hundred and twenty
days of the commencement of the furlough;
(4) To make residential plans for parole which require his or her
personal appearance in the community;
(5) To care for business affairs in person when the inability to do
so could deplete the assets or resources of the resident so seriously
as to affect his or her family or his or her future economic security;
(6) To visit his or her family for the purpose of strengthening or
preserving relationships, exercising parental responsibilities, or
preventing family division or disintegration; or
(7) For any other purpose deemed to be consistent with plans for
rehabilitation of the resident.
Sec. 489 RCW 72.66.022 and 1973 c 20 s 7 are each amended to read
as follows:
Each resident applying for a furlough shall include in his or her
application for the furlough:
(1) A furlough plan which shall specify in detail the purpose of
the furlough and how it is to be achieved, the address at which the
applicant would reside, the names of all persons residing at such
address and their relationships to the applicant;
(2) A statement from the applicant's proposed sponsor that he or
she agrees to undertake the responsibilities provided in RCW 72.66.024;
and
(3) Such other information as the secretary shall require in order
to protect the public or further the rehabilitation of the applicant.
Sec. 490 RCW 72.66.024 and 1973 c 20 s 8 are each amended to read
as follows:
No furlough shall be granted unless the applicant for the furlough
has procured a person to act as his or her sponsor. No person shall
qualify as a sponsor unless he or she satisfies the secretary that he
or she knows the applicant's furlough plan, is familiar with the
furlough conditions prescribed pursuant to RCW 72.66.026, and submits
a statement that he or she agrees to:
(1) See to it that the furloughed person is provided with
appropriate living quarters for the duration of the furlough;
(2) Notify the secretary immediately if the furloughed person does
not appear as scheduled, departs from the furlough plan at any time,
becomes involved in serious difficulty during the furlough, or
experiences problems that affect his or her ability to function
appropriately;
(3) Assist the furloughed person in other appropriate ways, such as
discussing problems and providing transportation to job interviews; and
(4) Take reasonable measures to assist the resident to return from
furlough.
Sec. 491 RCW 72.66.024 and 1973 c 20 s 8 are each amended to read
as follows:
No furlough shall be granted unless the applicant for the furlough
has procured a person to act as his or her sponsor. No person shall
qualify as a sponsor unless he or she satisfies the secretary that he
or she knows the applicant's furlough plan, is familiar with the
furlough conditions prescribed pursuant to RCW 72.66.026, and submits
a statement that he or she agrees to:
(1) See to it that the furloughed person is provided with
appropriate living quarters for the duration of the furlough;
(2) Notify the secretary immediately if the furloughed person does
not appear as scheduled, departs from the furlough plan at any time,
becomes involved in serious difficulty during the furlough, or
experiences problems that affect his or her ability to function
appropriately;
(3) Assist the furloughed person in other appropriate ways, such as
discussing problems and providing transportation to job interviews; and
(4) Take reasonable measures to assist the resident to return from
furlough.
Sec. 492 RCW 72.66.026 and 1973 c 20 s 9 are each amended to read
as follows:
The terms and conditions prescribed under this section shall apply
to each furlough, and each resident granted a furlough shall agree to
abide by them.
(1) The furloughed person shall abide by the terms of his or her
furlough plan.
(2) Upon arrival at the destination indicated in his or her
furlough plan, the furloughed person shall, when so required, report to
a state probation and parole officer in accordance with instructions
given by the secretary prior to release on furlough. He or she shall
report as frequently as may be required by the state probation and
parole officer.
(3) The furloughed person shall abide by all local, state, and
federal laws.
(4) With approval of the state probation and parole officer
designated by the secretary, the furloughed person may accept temporary
employment during a period of furlough.
(5) The furloughed person shall not leave the state at any time
while on furlough.
(6) Other limitations on movement within the state may be imposed
as a condition of furlough.
(7) The furloughed person shall not, in any public place, drink
intoxicating beverages or be in an intoxicated condition. A furloughed
person shall not enter any tavern, bar, or cocktail lounge.
(8) A furloughed person who drives a motor vehicle shall:
(a) Have a valid Washington driver's license in his or her
possession,
(b) Have the owner's written permission to drive any vehicle not
his or her own or his or her spouse's,
(c) Have at least minimum personal injury and property damage
liability coverage on the vehicle he or she is driving, and
(d) Observe all traffic laws.
(9) Each furloughed person shall carry with him or her at all times
while on furlough a copy of his or her furlough order prescribed
pursuant to RCW 72.66.028 and a copy of the identification card issued
to him or her pursuant to RCW 72.66.032.
(10) The furloughed person shall comply with any other terms or
conditions which the secretary may prescribe.
Sec. 493 RCW 72.66.028 and 1973 c 20 s 10 are each amended to
read as follows:
Whenever the secretary grants a furlough, he or she shall do so by
a special order which order shall contain each condition and term of
furlough prescribed pursuant to RCW 72.66.026 and each additional
condition and term which the secretary may prescribe as being
appropriate for the particular person to be furloughed.
Sec. 494 RCW 72.66.032 and 1973 c 20 s 11 are each amended to
read as follows:
The secretary shall issue a furlough identification card to each
resident granted a furlough. The card shall contain the name of the
resident and shall disclose the fact that he or she has been granted a
furlough and the time period covered by the furlough.
Sec. 495 RCW 72.66.034 and 1973 c 20 s 12 are each amended to
read as follows:
Prior to the granting of any furlough, the secretary shall examine
the applicant's personality and past conduct and determine whether or
not he or she represents a satisfactory risk for furlough. The
secretary shall not grant a furlough to any person whom he or she
believes represents an unsatisfactory risk.
Sec. 496 RCW 72.66.050 and 1971 ex.s. c 58 s 6 are each amended
to read as follows:
At any time after approval has been granted for a furlough to any
prisoner, such approval or order of furlough may be revoked, and if the
prisoner has been released on an order of furlough, he or she may be
returned to a state correctional institution, or the plan may be
modified, in the discretion of the secretary. Any prisoner whose
furlough application is rejected may reapply for a furlough after such
period of time has elapsed as shall be determined at the time of
rejection by the superintendent or secretary, whichever person
initially rejected the application for furlough, such time period being
subject to modification.
Sec. 497 RCW 72.66.080 and 1971 ex.s. c 58 s 9 are each amended
to read as follows:
The secretary may enter into agreements with any agency of the
state, a county, a municipal corporation or any person, corporation or
association for the purpose of implementing furlough plans, and, in
addition, may make such rules and regulations in furtherance of this
chapter as he or she may deem necessary.
Sec. 498 RCW 72.66.090 and 1971 ex.s. c 58 s 10 are each amended
to read as follows:
The secretary may issue warrants for the arrest of any prisoner
granted a furlough, at the time of the revocation of such furlough, or
upon the failure of the prisoner to report as designated in the order
of furlough. Such arrest warrants shall authorize any law enforcement,
probation and parole or peace officer of this state, or any other state
where such prisoner may be located, to arrest such prisoner and to
place him or her in physical custody pending his or her return to
confinement in a state correctional institution. Any state probation
and parole officer, if he or she has reasonable cause to believe that
a person granted a furlough has violated a condition of his or her
furlough, may suspend such person's furlough and arrest or cause the
arrest and detention in physical custody of the furloughed prisoner,
pending the determination of the secretary whether the furlough should
be revoked. The probation and parole officer shall report to the
secretary all facts and circumstances and the reasons for the action of
suspending such furlough. Upon the basis of the report and such other
information as the secretary may obtain, he or she may revoke,
reinstate, or modify the conditions of furlough, which shall be by
written order of the secretary. If the furlough is revoked, the
secretary shall issue a warrant for the arrest of the furloughed
prisoner and his or her return to a state correctional institution.
Sec. 499 RCW 72.68.031 and 1981 c 136 s 115 are each amended to
read as follows:
When, in the judgment of the secretary, the welfare of any person
committed to or confined in any state correctional institution or
facility necessitates that such person be transferred or moved for
observation, diagnosis, or treatment to any state institution or
facility for the care of the mentally ill, the secretary, with the
consent of the secretary of social and health services, is authorized
to order and effect such move or transfer: PROVIDED, That the sentence
of such person shall continue to run as if he or she remained confined
in a correctional institution or facility, and that such person shall
not continue so detained or confined beyond the maximum term to which
he or she was sentenced: PROVIDED, FURTHER, That the secretary and the
((board of prison terms and paroles)) indeterminate sentence review
board shall adopt and implement procedures to assure that persons so
transferred shall, while detained or confined at such institution or
facility for the care of the mentally ill, be provided with
substantially similar opportunities for parole or early release
evaluation and determination as persons detained or confined in the
state correctional institutions or facilities.
Sec. 500 RCW 72.68.040 and 2000 c 62 s 3 are each amended to read
as follows:
The secretary may contract with the authorities of the federal
government, or the authorities of any state of the United States,
private companies in other states, or any county or city in this state
providing for the detention in an institution or jail operated by such
entity, for prisoners convicted of a felony in the courts of this state
and sentenced to a term of imprisonment therefor in a state
correctional institution for convicted felons under the jurisdiction of
the department. After the making of a contract under this section,
prisoners sentenced to a term of imprisonment in a state correctional
institution for convicted felons may be conveyed by the superintendent
or his or her assistants to the institution or jail named in the
contract. The prisoners shall be delivered to the authorities of the
institution or jail, there to be confined until their sentences have
expired or they are otherwise discharged by law, paroled, or until they
are returned to a state correctional institution for convicted felons
for further confinement.
Sec. 501 RCW 72.68.050 and 1967 c 60 s 2 are each amended to read
as follows:
Whenever a prisoner who is serving a sentence imposed by a court of
this state is transferred from a state correctional institution for
convicted felons under RCW 72.68.040 through 72.68.070, the
superintendent shall send to the clerk of the court pursuant to whose
order or judgment the prisoner was committed to a state correctional
institution for convicted felons a notice of transfer, disclosing the
name of the prisoner transferred and giving the name and location of
the institution to which the prisoner was transferred. The
superintendent shall keep a copy of all notices of transfer on file as
a public record open to inspection; and the clerk of the court shall
file with the judgment roll in the appropriate case a copy of each
notice of transfer which he or she receives from the superintendent.
Sec. 502 RCW 72.68.060 and 1979 c 141 s 285 are each amended to
read as follows:
Should the presence of any prisoner confined, under authority of
RCW 72.68.040 through 72.68.070, in an institution of another state or
the federal government or in a county or city jail, be required in any
judicial proceeding of this state, the superintendent of a state
correctional institution for convicted felons or his or her assistants
shall, upon being so directed by the secretary, or upon the written
order of any court of competent jurisdiction, or of a judge thereof,
procure such prisoner, bring him or her to the place directed in such
order and hold him or her in custody subject to the further order and
direction of the secretary, or of the court or of a judge thereof,
until he or she is lawfully discharged from such custody. The
superintendent or his or her assistants may, by direction of the
secretary or of the court, or a judge thereof, deliver such prisoner
into the custody of the sheriff of the county in which he or she was
convicted, or may, by like order, return such prisoner to a state
correctional institution for convicted felons or the institution from
which he or she was taken.
Sec. 503 RCW 72.68.070 and 1979 c 141 s 286 are each amended to
read as follows:
Upon the expiration of any contract entered into under RCW
72.68.040 through 72.68.070, all prisoners of this state confined in
such institution or jail shall be returned by the superintendent or his
or her assistants to a state correctional institution for convicted
felons of this state, or delivered to such other institution as the
secretary has contracted with under RCW 72.68.040 through 72.68.070.
Sec. 504 RCW 73.04.050 and 1945 c 144 s 9 are each amended to
read as follows:
Every honorably discharged soldier, sailor, or marine of the
military or naval service of the United States, who is a resident of
this state, shall have the right to peddle, hawk, vend, and sell goods,
other than his or her own manufacture and production, without paying
for the license as now provided by law, by those who engage in such
business; but any such soldier, sailor, or marine may engage in such
business by procuring a license for that purpose as provided in RCW
73.04.060.
No county, city, or political subdivision in this state shall
charge or collect any license fee on any business established by any
veteran under the provisions of Public Law 346 of the 78th congress.
Sec. 505 RCW 73.04.060 and 1945 c 144 s 10 are each amended to
read as follows:
On presentation to the county auditor or city clerk of the county
in which any such soldier, sailor, or marine may reside, of a
certificate of honorable discharge from the army or naval service of
the United States, such county auditor or city clerk, as the case may
be, shall issue without cost to such soldier, sailor, or marine, a
license authorizing him or her to carry on the business of peddler, as
provided in RCW 73.04.050.
Sec. 506 RCW 73.04.120 and 2008 c 6 s 508 are each amended to
read as follows:
County clerks and county auditors, respectively, are authorized and
directed to furnish free of charge to the legal representative,
surviving spouse or surviving domestic partner, child or parent of any
deceased veteran certified copies of marriage certificates, decrees of
dissolution of marriage or domestic partnership, or annulment, or other
documents contained in their files and to record and issue, free of
charge, certified copies of such documents from other states,
territories, or foreign countries affecting the marital status of such
veteran whenever any such document shall be required in connection with
any claim pending before the United States veterans' bureau or other
governmental agency administering benefits to war veterans. Where
these same documents are required of service personnel of the armed
forces of the United States for determining entitlement to family
allowances and other benefits, they shall be provided without charge by
county clerks and county auditors upon request of the person in the
service or his or her dependents.
Sec. 507 RCW 73.20.060 and 1945 c 139 s 2 are each amended to
read as follows:
An affidavit, executed by the attorney-in-fact or agent, setting
forth that the maker of the power of attorney is a member of the armed
forces of the United States or within the class of persons described in
RCW 73.20.050, and that he or she has not or had not, at the time of
doing any act pursuant to the power of attorney, received actual
knowledge or actual notice of the revocation or termination of the
power of attorney, by death or otherwise, or notice of any facts
indicating the same, shall, in the absence of fraud, be conclusive
proof of the nonrevocation or nontermination of the power at such time.
If the exercise of the power requires execution and delivery of any
instrument which is recordable under the laws of this state, such
affidavit shall likewise be recordable.
Sec. 508 RCW 73.36.010 and 1951 c 53 s 1 are each amended to read
as follows:
As used in this chapter:
"Person" means an individual, a partnership, a corporation, or an
association.
"Veterans administration" means the veterans administration, its
predecessors or successors.
"Income" means moneys received from the veterans administration and
revenue or profit from any property wholly or partially acquired
therewith.
"Estate" means income on hand and assets acquired partially or
wholly with "income".
"Benefits" means all moneys paid or payable by the United States
through the veterans administration.
"Administrator" means the administrator of veterans affairs of the
United States or his or her successor.
"Ward" means a beneficiary of the veterans administration.
"Guardian" means any fiduciary for the person or estate of a ward.
Sec. 509 RCW 73.36.040 and 1951 c 53 s 4 are each amended to read
as follows:
No person other than a bank or trust company shall be guardian of
more than five wards at one time, unless all the wards are members of
one family. Upon presentation of a petition by an attorney of the
veterans administration or other interested person, alleging that a
guardian is acting in a fiduciary capacity for more than five wards as
herein provided and requesting his or her discharge for that reason,
the court, upon proof substantiating the petition, shall require a
final accounting forthwith from such guardian and shall discharge him
or her from guardianships in excess of five and forthwith appoint a
successor.
Sec. 510 RCW 73.36.060 and 1951 c 53 s 6 are each amended to read
as follows:
Where a petition is filed for the appointment of a guardian for a
minor, a certificate of the administrator or his or her authorized
representative, setting forth the age of such minor as shown by the
records of the veterans administration and the fact that the
appointment of a guardian is a condition precedent to the payment of
any moneys due the minor by the veterans administration shall be prima
facie evidence of the necessity for such appointment.
Sec. 511 RCW 73.36.090 and 1951 c 53 s 9 are each amended to read
as follows:
(1) Upon the appointment of a guardian, he or she shall execute and
file a bond to be approved by the court in an amount not less than the
estimated value of the personal estate and anticipated income of the
ward during the ensuing two years, except in cases where banks or trust
companies are appointed as guardian and no bond is required by the
general state law. The bond shall be in the form and be conditioned as
required of guardians appointed under the general guardianship laws of
this state. The court may from time to time require the guardian to
file an additional bond.
(2) Where a bond is tendered by a guardian with personal sureties,
there shall be at least two such sureties and they shall file with the
court a certificate under oath which shall describe the property owned,
both real and personal, and shall state that each is worth the sum
named in the bond as the penalty thereof over and above all his or her
debts and liabilities and the aggregate of other bonds in which he or
she is principal or surety and exclusive of property exempt from
execution. The court may require additional security or may require a
corporate surety bond, the premium thereon to be paid from the ward's
estate.
Sec. 512 RCW 73.36.100 and 1951 c 53 s 10 are each amended to
read as follows:
(1) Every guardian, who has received or shall receive on account of
his or her ward any money or other thing of value from the veterans
administration, at the expiration of two years from date of his or her
appointment, and every two years thereafter on the anniversary date of
his or her appointment, or as much oftener as the court may require,
shall file with the court a full, true and accurate account under oath
of all moneys or other things of value received by him or her, all
earnings, interest, or profits derived therefrom, and all property
acquired therewith and of all disbursements therefrom, and showing the
balance thereof in his or her hands at the date of the account and how
invested. Each year when not required to file an account with the
court, the guardian shall file an account with the proper office of the
veterans administration. If the interim account be not filed with the
veterans administration, or, if filed, shall be unsatisfactory, the
court shall upon receipt of notice thereof from the veterans
administration require the guardian forthwith to file an account which
shall be subject in all respects to the next succeeding paragraphs.
Any account filed with the veterans administration and approved by the
chief attorney thereof may be filed with the court and be approved by
the court without hearing, unless a hearing thereon be requested by
some party in interest.
(2) The guardian, at the time of filing any account with the court
or veterans administration shall exhibit all securities or investments
held by him or her to an officer of the bank or other depository
wherein said securities or investments are held for safekeeping or to
an authorized representative of the corporation which is surety on his
or her bond, or to the judge or clerk of a court of record in this
state, or upon request of the guardian or other interested party, to
any other reputable person designated by the court, who shall certify
in writing that he or she has examined the securities or investments
and identified them with those described in the account and shall note
any omissions or discrepancies. If the depository is the guardian, the
certifying officer shall not be the officer verifying the account. The
guardian may exhibit the securities or investments to the judge of the
court, who shall endorse on the account and copy thereof, a certificate
that the securities or investments shown therein as held by the
guardian were each in fact exhibited to him or her and that those
exhibited to him or her were the same as those in the account and
noting any omission or discrepancy. The certificate, and the
certificate of an official of the bank in which are deposited any funds
for which the guardian is accountable, showing the amount on deposit,
shall be prepared and signed in duplicate and one of each shall be
filed by the guardian with his or her account.
(3) At the time of filing in the court any account, a certified
copy thereof and a signed duplicate of each certificate filed with the
court shall be sent by the guardian to the office of the veterans
administration having jurisdiction over the area in which such court is
located. A duplicate signed copy or a certified copy of any petition,
motion, or other pleading pertaining to an account, or to any matter
other than an account, and which is filed in the guardianship
proceedings or in any proceedings for the purpose of removing the
disability of minority or mental incapacity, shall be furnished by the
persons filing the same to the proper office of the veterans
administration. Unless hearing be waived in writing by the attorney of
the veterans administration and by all other persons, if any, entitled
to notice, the court shall fix a time and place for the hearing on the
account, petition, motion, or other pleading, not less than fifteen
days nor more than sixty days from the date same is filed, unless a
different available date be stipulated in writing. Unless waived in
writing, written notice of the time and place of hearing shall be given
the veterans administration office concerned and to the guardian and
any others entitled to notice, not less than fifteen days prior to the
date fixed for the hearing. The notice may be given by mail, in which
event it shall be deposited in the mails not less than fifteen days
prior to said date. The court or clerk thereof, shall mail to said
veterans administration office a copy of each order entered in any
guardianship proceeding wherein the administrator is an interested
party.
(4) If the guardian is accountable for property derived from
sources other than the veterans administration, he or she shall be
accountable as is or may be required under the applicable law of this
state pertaining to the property of minors or persons of unsound mind
who are not beneficiaries of the veterans administration, and as to
such other property shall be entitled to the compensation provided by
such law. The account for other property may be combined with the
account filed in accordance with this section.
Sec. 513 RCW 73.36.110 and 1951 c 53 s 11 are each amended to
read as follows:
If any guardian shall fail to file with the court any account as
required by this chapter, or by an order of the court, when any account
is due or within thirty days after citation issues and provided by law,
or shall fail to furnish the veterans administration a true copy of any
account, petition, or pleading as required by this chapter, such
failure may in the discretion of the court be ground for his or her
removal, in addition to other penalties provided by law.
Sec. 514 RCW 73.36.130 and 1951 c 53 s 13 are each amended to
read as follows:
Every guardian shall invest the surplus funds of his or her ward's
estate in such securities or property as authorized under the laws of
this state but only upon prior order of the court; except that the
funds may be invested, without prior court authorization, in direct
unconditional interest-bearing obligations of this state or of the
United States and in obligations the interest and principal of which
are unconditionally guaranteed by the United States. A signed
duplicate or certified copy of the petition for authority to invest
shall be furnished the proper office of the veterans administration,
and notice of hearing thereon shall be given said office as provided in
the case of hearing on a guardian's account.
Sec. 515 RCW 73.36.150 and 1951 c 53 s 15 are each amended to
read as follows:
(1) The court may authorize the purchase of the entire fee simple
title to real estate in this state in which the guardian has no
interest, but only as a home for the ward, or to protect his or her
interest, or (if he or she is not a minor) as a home for his or her
dependent family. Such purchase of real estate shall not be made
except upon the entry of an order of the court after hearing upon
verified petition. A copy of the petition shall be furnished the
proper office of the veterans administration and notice of hearing
thereon shall be given said office as provided in the case of hearing
on a guardian's account.
(2) Before authorizing such investment the court shall require
written evidence of value and of title and of the advisability of
acquiring such real estate. Title shall be taken in the ward's name.
This section does not limit the right of the guardian on behalf of his
or her ward to bid and to become the purchaser of real estate at a sale
thereof pursuant to decree of foreclosure of lien held by or for the
ward, or at a trustee's sale, to protect the ward's right in the
property so foreclosed or sold; nor does it limit the right of the
guardian, if such be necessary to protect the ward's interest and upon
prior order of the court in which the guardianship is pending, to agree
with cotenants of the ward for a partition in kind, or to purchase from
cotenants the entire undivided interests held by them, or to bid and
purchase the same at a sale under a partition decree, or to compromise
adverse claims of title to the ward's realty.
Sec. 516 RCW 73.36.155 and 1951 c 53 s 16 are each amended to
read as follows:
When a copy of any public record is required by the veterans
administration to be used in determining the eligibility of any person
to participate in benefits made available by the veterans
administration, the official custodian of such public record shall
without charge provide the applicant for such benefits or any person
acting on his or her behalf or the authorized representative of the
veterans administration with a certified copy of such record.
Sec. 517 RCW 73.36.160 and 1951 c 53 s 17 are each amended to
read as follows:
In addition to any other provisions of law relating to judicial
restoration and discharge of guardian, a certificate by the veterans
administration showing that a minor ward has attained majority, or that
an incompetent ward has been rated competent by the veterans
administration upon examination in accordance with law shall be prima
facie evidence that the ward has attained majority, or has recovered
his or her competency. Upon hearing after notice as provided by this
chapter and the determination by the court that the ward has attained
majority or has recovered his or her competency, an order shall be
entered to that effect, and the guardian shall file a final account.
Upon hearing after notice to the former ward and to the veterans
administration as in case of other accounts, upon approval of the final
account, and upon delivery to the ward of the assets due him or her
from the guardian, the guardian shall be discharged and his or her
sureties released.
Sec. 518 RCW 73.36.165 and 1951 c 53 s 18 are each amended to
read as follows:
(1) Whenever, in any proceeding under the laws of this state for
the commitment of a person alleged to be of unsound mind or otherwise
in need of confinement in a hospital or other institution for his or
her proper care, it is determined after such adjudication of the status
of such person as may be required by law that commitment to a hospital
for mental disease or other institution is necessary for safekeeping or
treatment and it appears that such person is eligible for care or
treatment by the veterans administration or other agency of the United
States government, the court, upon receipt of a certificate from the
veterans administration or such other agency showing that facilities
are available and that such person is eligible for care or treatment
therein, may commit such person to said veterans administration or
other agency. The person whose commitment is sought shall be
personally served with notice of the pending commitment proceeding in
the manner as provided by the law of this state; and nothing in this
chapter shall affect his or her right to appear and be heard in the
proceedings. Upon commitment, such person, when admitted to any
hospital operated by any such agency within or without this state shall
be subject to the rules and regulations of the veterans administration
or other agency. The chief officer of any hospital of the veterans
administration or institution operated by any other agency of the
United States to which the person is so committed shall with respect to
such person be vested with the same powers as superintendents of state
hospitals for mental diseases within this state with respect to
retention of custody, transfer, parole, or discharge. Jurisdiction is
retained in the committing or other appropriate court of this state at
any time to inquire into the mental condition of the person so
committed, and to determine the necessity for continuance of his or her
restraint, and all commitments pursuant to this chapter are so
conditioned.
(2) The judgment or order of commitment by a court of competent
jurisdiction of another state or of the District of Columbia,
committing a person to the veterans administration, or other agency of
the United States government for care or treatment shall have the same
force and effect as to the committed person while in this state as in
the jurisdiction in which is situated the court entering the judgment
or making the order; and the courts of the committing state, or of the
District of Columbia, shall be deemed to have retained jurisdiction of
the person so committed for the purpose of inquiring into the mental
condition of such person, and of determining the necessity for
continuance of his or her restraint; as is provided in subsection (1)
of this section with respect to persons committed by the courts of this
state. Consent is hereby given to the application of the law of the
committing state or district in respect to the authority of the chief
officer of any hospital of the veterans administration, or of any
institution operated in this state by any other agency of the United
States to retain custody, or transfer, parole, or discharge the
committed person.
(3) Upon receipt of a certificate of the veterans administration or
such other agency of the United States that facilities are available
for the care or treatment of any person heretofore committed to any
hospital for the insane or other institution for the care or treatment
of persons similarly afflicted and that such person is eligible for
care or treatment, the superintendent of the institution may cause the
transfer of such person to the veterans administration or other agency
of the United States for care or treatment. Upon effecting any such
transfer, the committing court or proper officer thereof shall be
notified thereof by the transferring agency. No person shall be
transferred to the veterans administration or other agency of the
United States if he or she be confined pursuant to conviction of any
felony or misdemeanor or if he or she has been acquitted of the charge
solely on the ground of insanity, unless prior to transfer the court or
other authority originally committing such person shall enter an order
for such transfer after appropriate motion and hearing.
Any person transferred as provided in this section shall be deemed
to be committed to the veterans administration or other agency of the
United States pursuant to the original commitment.