Z-0730.2
HOUSE BILL 2359
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State of Washington | 64th Legislature | 2016 Regular Session |
By Representatives Goodman and Jinkins; by request of Statute Law Committee
Read first time 01/11/16. Referred to Committee on Judiciary.
AN ACT Relating to updating obsolete provisions and making technical corrections; amending RCW
6.21.040,
6.23.030,
9.96.020,
10.14.085,
10.37.040,
11.28.090,
11.28.140,
11.68.110,
11.88.140,
12.04.020,
12.04.030,
12.04.100,
12.04.201,
12.04.203,
12.04.204,
12.04.205,
12.04.206,
12.04.207,
12.40.110,
17.28.090,
18.44.251,
19.120.040,
26.04.090,
26.18.100,
26.50.085,
35.22.110,
35.58.090,
35A.08.120,
36.24.110,
36.60.020,
36.68.470,
41.50.590,
43.20B.040,
58.09.080,
60.08.020,
61.12.020,
64.04.030,
64.04.040,
64.04.050,
64.08.060,
64.08.070,
65.12.035,
65.12.125,
65.12.230,
65.12.235,
65.12.255,
65.12.270,
67.38.030,
84.40.320,
85.28.060,
88.32.070,
88.32.140,
91.08.380,
49.12.450, and
70.95G.030; amending 2013 2nd sp.s. c 4 s 1905 (uncodified); reenacting RCW
28B.15.069 and
43.19.501; repealing RCW
19.27A.035; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
CORRECTING FORM YEAR DESIGNATIONS
Sec. 1. RCW 6.21.040 and 1987 c 442 s 604 are each amended to read as follows:
The notice of sale shall be printed or typed and shall be in substantially the following form, except that if the sale is not pursuant to a judgment of foreclosure of a mortgage or a statutory lien, the notice shall also contain a statement that the sheriff has been informed that there is not sufficient personal property to satisfy the judgment and that if the judgment debtor or debtors do have sufficient personal property to satisfy the judgment, the judgment debtor or debtors should contact the sheriff's office immediately:
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY |
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Plaintiff, vs. Defendant. |
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CAUSE NO. SHERIFF'S NOTICE TO JUDGMENT DEBTOR OF SALE OF REAL PROPERTY |
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TO: [Judgment Debtor] |
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The Superior Court of . . . . . . County has directed the undersigned Sheriff of . . . . . . County to sell the property described below to satisfy a judgment in the above-entitled action. The property to be sold is described on the reverse side of this notice. If developed, the property address is: . . . . . . |
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The sale of the above-described property is to take place: |
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Time: . . . . . . |
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Date: . . . . . . |
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Place: . . . . . . |
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The judgment debtor can avoid the sale by paying the judgment amount of $ . . . ., together with interest, costs, and fees, before the sale date. For the exact amount, contact the sheriff at the address stated below: |
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This property is subject to: (check one) |
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□ 1. No redemption rights after sale. |
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□ 2. A redemption period of eight months which will expire at 4:30 p.m. on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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□ 3. A redemption period of one year which will expire at 4:30 p.m. on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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The judgment debtor or debtors or any of them may redeem the above described property at any time up to the end of the redemption period by paying the amount bid at the sheriff's sale plus additional costs, taxes, assessments, certain other amounts, fees, and interest. If you are interested in redeeming the property contact the undersigned sheriff at the address stated below to determine the exact amount necessary to redeem. |
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IMPORTANT NOTICE: IF THE JUDGMENT DEBTOR OR DEBTORS DO NOT REDEEM THE PROPERTY BY 4:30 p.m. ON THE . . . . DAY OF . . . . . ., ((19 . . .)) (year) . . . ., THE END OF THE REDEMPTION PERIOD, THE PURCHASER AT THE SHERIFF'S SALE WILL BECOME THE OWNER AND MAY EVICT THE OCCUPANT FROM THE PROPERTY UNLESS THE OCCUPANT IS A TENANT HOLDING UNDER AN UNEXPIRED LEASE. IF THE PROPERTY TO BE SOLD IS OCCUPIED AS A PRINCIPAL RESIDENCE BY THE JUDGMENT DEBTOR OR DEBTORS AT THE TIME OF SALE, HE, SHE, THEY, OR ANY OF THEM MAY HAVE THE RIGHT TO RETAIN POSSESSION DURING THE REDEMPTION PERIOD, IF ANY, WITHOUT PAYMENT OF ANY RENT OR OCCUPANCY FEE. THE JUDGMENT DEBTOR MAY ALSO HAVE A RIGHT TO RETAIN POSSESSION DURING ANY REDEMPTION PERIOD IF THE PROPERTY IS USED FOR FARMING OR IF THE PROPERTY IS BEING SOLD UNDER A MORTGAGE THAT SO PROVIDES. |
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. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON. |
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By . . . . . . . . . ., Deputy |
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Address . . . . . . . . . . |
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City . . . . . . . . . . |
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Washington 9 . . . . |
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Phone ( . . .) . . . . . . . . . . |
Sec. 2. RCW 6.23.030 and 1987 c 442 s 703 are each amended to read as follows:
(1) If the property is subject to a homestead as provided in chapter
6.13 RCW, the purchaser, or the redemptioner if the property has been redeemed, shall send a notice, in the form prescribed in subsection (3) of this section, at least forty but not more than sixty days before the expiration of the judgment debtor's redemption period both by regular mail and by certified mail, return receipt requested, to the judgment debtor or debtors and to each of them separately, if there is more than one judgment debtor, at their last known address or addresses and to "occupant" at the property address. The party who sends the notice shall file a copy of the notice with an affidavit of mailing with the clerk of the court and deliver or mail a copy to the sheriff.
(2) Failure to comply with this section extends the judgment debtor's redemption period six months. If the redemption period is extended, no further notice need be sent. Time for redemption by redemptioners shall not be extended.
(3) The notice and affidavit of mailing required by subsection (1) of this section shall be in substantially the following form:
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY |
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Plaintiff, vs. Defendant. |
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CAUSE NO. NOTICE OF EXPIRATION OF REDEMPTION PERIOD |
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TO: [Judgment Debtor] |
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THIS IS AN IMPORTANT NOTICE AFFECTING YOUR RIGHT TO RETAIN YOUR PROPERTY. |
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NOTICE IS HEREBY GIVEN that the period for redemption of the following described real property ("the property") is expiring. The property is situated in the County of . . . . . ., State of Washington, to wit: |
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. . . . . . [legal description] . . . . . . and commonly known as . . . . . ., which was sold by . . . . . ., . . . . . . County Sheriff, in . . . ., . . . . . . County, Washington on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., under and by virtue of a writ of execution and order of sale issued by the court in the above-entitled action. |
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THE REDEMPTION PERIOD FOR THE PROPERTY IS . . . . MONTHS. THE REDEMPTION PERIOD COMMENCED ON . . . . . ., ((19 . . .)) (year) . . . ., AND WILL EXPIRE AT 4:30 p.m. ON . . . . . ., ((19 . . .)) (year) . . . . |
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If you intend to redeem the property described above you must give written notice of your intention to the . . . . . . County Sheriff on or before . . . . . ., ((19 . . .)) (year) . . . . |
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Following is an itemized account of the amount required to redeem the property to date: |
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Amount |
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Purchase price paid at sale |
$ |
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Interest from date of sale to date of this notice at . . . percent per annum |
$ |
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Real estate taxes plus interest |
$ |
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Assessments plus interest |
$ |
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Liens or other costs paid by purchaser or purchaser's successor during redemption period plus interest |
$ |
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Lien of redemptioner |
$ |
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TOTAL REQUIRED TO REDEEM AS OF THE DATE OF THIS NOTICE |
$ |
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You may redeem the property by 4:30 p.m. on or before the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., by paying the amount set forth above and such other amounts as may be required by law. Payment must be in the full amount and in cash, certified check, or cashier's check. Because such other amounts as may be required by law to redeem may include presently unknown expenditures required to operate, preserve, protect, or insure the property, or the amount to comply with state or local laws, or the amounts of prior liens, with interest, held by the purchaser or a redemptioner, it will be necessary for you to contact the . . . . . . County Sheriff at the address stated below prior to the time you tender the redemption amount so that you may be informed exactly how much you will have to pay to redeem the property. |
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. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON. |
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By . . . . . . . . . ., Deputy |
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Address . . . . . . . . . . |
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City . . . . . . . . . . |
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Washington 9 . . . . |
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Phone ( . . .) . . . . . . . . . . |
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IF YOU FAIL TO REDEEM THE PROPERTY BY 4:30 p.m. ON OR BEFORE THE . . . . DAY OF . . . . . ., ((19 . . .)) (year) . . . ., THE DATE UPON WHICH THE REDEMPTION PERIOD WILL EXPIRE, THE PURCHASER OR THE PURCHASER'S SUCCESSOR WILL BE ENTITLED TO POSSESSION OF THE PROPERTY AND MAY BRING AN ACTION TO EVICT YOU FROM POSSESSION OF THE PROPERTY. |
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DATED THIS . . . . DAY OF . . . . . ., ((19 . . .)) (year) . . . . |
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[Purchaser] |
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By |
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[Purchaser's attorney] |
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Attorneys for |
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STATE OF WASHINGTON COUNTY OF |
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ss. |
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The undersigned being first duly sworn on oath states: That on this day affiant deposited in the mails of the United States of America a properly stamped and addressed envelope directed to the judgment debtor at the address stated on the face of this document and to "occupant" at the property address, both by certified mail, return receipt requested, and by first-class mail, all of the mailings containing a copy of the document to which this affidavit is attached. |
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SIGNED AND SWORN TO BEFORE ME THIS . . . . DAY OF . . . . . ., ((19 . . .)) (year) . . . ., BY . . . . . . (name of person making statement) |
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. . . . |
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Title . . . . |
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My appointment expires |
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. . . . . ., ((19 . . .)) (year) . . . . |
Sec. 3. RCW 9.96.020 and 2012 c 117 s 4 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:
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"To the People of the State of Washington |
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Greeting: |
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I, the undersigned Governor of the State of Washington, by virtue of the power vested in my office by the constitution and laws of the State of Washington, do by these presents restore to . . . . . . . . . his or her civil rights forfeited by him (or her) by reason of his (or her) conviction of the crime of . . . . . . . . . (naming it) in the Superior Court for the County of . . . . . . . . ., on to-wit: The . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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Dated the . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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(Signed) . . . . . . . . . . . . . . . . . . . . . . . |
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Governor of Washington." |
Sec. 4. RCW 10.14.085 and 1992 c 143 s 12 are each amended to read as follows:
(1) If the respondent was not personally served with the petition, notice of hearing, and ex parte order before the hearing, the court shall reset the hearing for twenty-four days from the date of entry of the order and may order service by publication instead of personal service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server to avoid service. The petitioner's affidavit must state the reasons for the belief that the ((petitioner [respondent])) respondent is avoiding service;
(c) The server has deposited a copy of the summons, in substantially the form prescribed in subsection (3) of this section, notice of hearing, and the ex parte order of protection in the post office, directed to the respondent at the respondent's last known address, unless the server states that the server does not know the respondent's address; and
(d) The court finds reasonable grounds exist to believe that the respondent is concealing himself or herself to avoid service, and that further attempts to personally serve the respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of protection not to exceed another twenty-four days from the date of reissuing the ex parte protection order and order to provide service by publication.
(3) The publication shall be made in a newspaper of general circulation in the county where the petition was brought and in the county of the last known address of the respondent once a week for three consecutive weeks. The newspaper selected must be one of the three most widely circulated papers in the county. The publication of summons shall not be made until the court orders service by publication under this section. Service of the summons shall be considered complete when the publication has been made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and shall require the respondent upon whom service by publication is desired, to appear and answer the petition on the date set for the hearing. The summons shall also contain a brief statement of the reason for the petition and a summary of the provisions under the ex parte order. The summons shall be essentially in the following form:
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In the . . . . . . . . . court of the state of Washington for the county of . . . . . . . . . |
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. . . . . . . . . . . . . . ., Petitioner |
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vs. |
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No. . . . . . . |
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. . . . . . . . . . . . . . ., Respondent |
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The state of Washington to . . . . . . . . . (respondent): |
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You are hereby summoned to appear on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., at . . . . a.m./p.m., and respond to the petition. If you fail to respond, an order of protection will be issued against you pursuant to the provisions of chapter 10.14 RCW, for a minimum of one year from the date you are required to appear. A temporary order of protection has been issued against you, restraining you from the following: (Insert a brief statement of the provisions of the ex parte order). A copy of the petition, notice of hearing, and ex parte order has been filed with the clerk of this court. |
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Petitioner . . . . |
Sec. 5. RCW 10.37.040 and 2010 c 8 s 1036 are each amended to read as follows:
The indictment may be substantially in the following form:
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State of Washington v. |
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Superior Court of the State of Washington for the County of . . . . |
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A. . . . . . |
B. . . . . . |
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A. B. is accused by the grand jury of the . . . . . . . . . ., by this indictment, of the crime of [here insert the name of the crime, if it have one, such as treason, murder, arson, manslaughter, or the like; or if it be a crime having no general name, such as libel, assault and battery, and the like, insert a brief description of it as given by law], committed as follows: |
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The said A. B. on the . . . . day of . . . . . ., ((19. . .)) (year) . . . ., in the county of . . . . . ., aforesaid, [here set forth the act charged as a crime.] |
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Dated at . . . . . ., in the county aforesaid, the . . . . day of . . . . . ., A.D. ((19. . .)) (year) . . . . |
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(Signed) C. D., Prosecuting Attorney. |
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(Indorsed) A true bill. |
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(Signed) E. F., Foreperson of the Grand Jury. |
Sec. 6. RCW 11.28.090 and 2009 c 549 s 1004 are each amended to read as follows:
Letters testamentary to be issued to executors under the provisions of this chapter shall be signed by the clerk, and issued under the seal of the court, and may be in the following form:
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the . . . . day of . . . . . . , A.D.((, . . . .)) (year) . . . ., duly exhibited, proven, and recorded in our said superior court; and whereas, it appears in and by said will that C D is appointed executor thereon, and, whereas, said C D has duly qualified, now, therefore, know all persons by these presents, that we do hereby authorize the said C D to execute said will according to law.
Witness my hand and the seal of said court this . . . . day of . . . . . ., A.D.((, 19. . .)) (year) . . . .
Sec. 7. RCW 11.28.140 and 2009 c 549 s 1005 are each amended to read as follows:
Letters of administration shall be signed by the clerk, and be under the seal of the court, and may be substantially in the following form:
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . . day of . . . . . . A.D.((, . . . .)) (year) . . . . died intestate, leaving at the time of his or her death, property in this state subject to administration: Now, therefore, know all persons by these presents, that we do hereby appoint . . . . . . . . . administrator upon said estate, and whereas said administrator has duly qualified, hereby authorize him or her to administer the same according to law.
Witness my hand and the seal of said court this . . . . day of . . . . . . A.D.((, 19. . .)) (year) . . . .
Sec. 8. RCW 11.68.110 and 1998 c 292 s 202 are each amended to read as follows:
(1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW
11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows:
(a) The date of the decedent's death and the decedent's residence at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;
(d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of estate taxes due as the result of the decedent's death has been determined, settled, and paid;
(e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;
(f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.
(2) Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter
11.76 RCW for all legal intents and purposes.
(3) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent, who: (a) Has not waived notice of the filing, in writing, filed in the cause; and (b) either has not received the full amount of the distribution to which the heir, legatee, or devisee is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows:
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CAPTION OF CASE |
NOTICE OF FILING OF DECLARATION OF COMPLETION OF PROBATE |
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NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . .; unless you shall file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, within thirty days after the date of the filing, the amount of fees paid or to be paid will be deemed reasonable, the acts of the personal representative will be deemed approved, the personal representative will be automatically discharged without further order of the court, and the Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW. |
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If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and place for the hearing of your petition, and you will be notified of the time and place thereof, by mail, or personal service, not less than ten days before the hearing on the petition. |
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Dated this . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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Personal Representative |
(4) If all heirs, devisees, and legatees of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.
Sec. 9. RCW 11.88.140 and 2011 c 329 s 7 are each amended to read as follows:
(1) TERMINATION WITHOUT COURT ORDER. A guardianship or limited guardianship is terminated:
(a) Upon the attainment of full and legal age, as defined in RCW
26.28.010 as now or hereafter amended, of any person defined as an incapacitated person pursuant to RCW
11.88.010 as now or hereafter amended solely by reason of youth, RCW
26.28.020 to the contrary notwithstanding, subject to subsection (2) of this section;
(b) By an adjudication of capacity or an adjudication of termination of incapacity;
(c) By the death of the incapacitated person;
(d) By expiration of the term of limited guardianship specified in the order appointing the limited guardian, unless prior to such expiration a petition has been filed and served, as provided in RCW
11.88.040 as now or hereafter amended, seeking an extension of such term.
(2) TERMINATION OF GUARDIANSHIP FOR A MINOR BY DECLARATION OF COMPLETION. A guardianship for the benefit of a minor may be terminated upon the minor's attainment of legal age, as defined in RCW
26.28.010 as now or hereafter amended, by the guardian filing a declaration that states:
(a) The date the minor attained legal age;
(b) That the guardian has paid all of the minor's funds in the guardian's possession to the minor, who has signed a receipt for the funds, and that the receipt has been filed with the court;
(c) That the guardian has completed the administration of the minor's estate and the guardianship is ready to be closed; and
(d) The amount of fees paid or to be paid to each of the following: (i) The guardian, (ii) lawyer or lawyers, (iii) accountant or accountants; and that the guardian believes the fees are reasonable and does not intend to obtain court approval of the amount of the fees or to submit a guardianship accounting to the court for approval. Subject to the requirement of notice as provided in this section, unless the minor petitions the court either for an order requiring the guardian to obtain court approval of the amount of fees paid or to be paid to the guardian, lawyers, or accountants, or for an order requiring an accounting, or both, within thirty days from the filing of the declaration of completion of guardianship, the guardian shall be automatically discharged without further order of the court. The guardian's powers will cease thirty days after filing the declaration of completion of guardianship. The declaration of completion of guardianship shall, at the time, be the equivalent of an entry of a decree terminating the guardianship, distributing the assets, and discharging the guardian for all legal intents and purposes.
Within five days of the date of filing the declaration of completion of guardianship, the guardian or the guardian's lawyer shall mail a copy of the declaration of completion to the minor together with a notice that shall be substantially as follows:
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CAPTION OF CASE |
NOTICE OF FILING A DECLARATION OF COMPLETION OF GUARDIANSHIP |
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NOTICE IS GIVEN that the attached Declaration of Completion of Guardianship was filed by the undersigned in the above-entitled court on the . . . . . . day of . . . . . ., ((19 . . .)) (year) . . . .; unless you file a petition in the above-entitled court requesting the court to review the reasonableness of the fees, or for an accounting, or both, and serve a copy of the petition on the guardian or the guardian's lawyer, within thirty days after the filing date, the amount of fees paid or to be paid will be deemed reasonable, the acts of the guardian will be deemed approved, the guardian will be automatically discharged without further order of the court and the Declaration of Completion of Guardianship will be final and deemed the equivalent of an order terminating the guardianship, discharging the guardian and decreeing the distribution of the guardianship assets. |
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If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and place for the hearing of your petition, and you will be notified of the time and place of the hearing, by mail, or by personal service, not less than ten days before the hearing on the petition. |
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DATED this . . . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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Guardian |
If the minor, after reaching legal age, waives in writing the notice required by this section, the guardian will be automatically discharged without further order of the court and the declaration of completion of guardianship will be effective as an order terminating the guardianship without an accounting upon filing the declaration. If the guardian has been required to furnish a bond, and a declaration of completion of guardianship is filed according to this section, any bond furnished by the guardian shall be automatically discharged upon the discharge of the guardian.
(3) TERMINATION ON COURT ORDER. A guardianship or limited guardianship may be terminated by court order after such notice as the court may require if the guardianship or limited guardianship is no longer necessary.
The guardian or limited guardian shall, within ninety days of the date of termination of the guardianship, unless the court orders a different deadline for good cause, prepare and file with the court a final verified account of administration. The final verified account of administration shall contain the same information as required for (a) an intermediate verified account of administration of the estate under RCW
11.92.040(2) and (b) an intermediate personal care status report under RCW
11.92.043(2).
(4) EFFECT OF TERMINATION. When a guardianship or limited guardianship terminates other than by the death of the incapacitated person, the powers of the guardian or limited guardian cease, except that a guardian or limited guardian of the estate may make disbursements for claims that are or may be allowed by the court, for liabilities already properly incurred for the estate or for the incapacitated person, and for expenses of administration. When a guardianship or limited guardianship terminates by death of the incapacitated person, the guardian or limited guardian of the estate may proceed under RCW
11.88.150 as now or hereafter amended, but the rights of all creditors against the incapacitated person's estate shall be determined by the law of decedents' estates.
Sec. 10. RCW 12.04.020 and 2010 c 8 s 3001 are each amended to read as follows:
A party desiring to commence an action before a justice of the peace, for the recovery of a debt by summons, shall file his or her claim with the justice of the peace, verified by his or her own oath, or that of his or her agent or attorney, and thereupon the justice of the peace shall, on payment of his or her fees, if demanded, issue a summons to the opposite party, which summons shall be in the following form, or as nearly as the case will admit, viz:
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The State of Washington, . . . . . . . . . . . . . . . County. |
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ss. |
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To the sheriff or any constable of said county: |
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In the name of the state of Washington, you are hereby commanded to summon . . . . . . if he or she (or they) be found in your county to be and appear before me at . . . . . . on . . . . day of . . . . . . at . . . . o'clock p.m. or a.m., to answer the complaint of . . . . . . for a failure to pay him or her a certain demand, amounting to . . . . . . dollars and . . . . cents, upon . . . . . . . . . . . (here state briefly the nature of the claim) and of this writ make due service and return. |
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Given under my hand this . . . . day of . . . . . ((19 . . .)) (year) . . . . |
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. . . . . . . . . . . ., Justice of the Peace. |
And the summons shall specify a certain place, day and hour for the appearance and answer of the defendant, not less than six nor more than twenty days from the date of filing plaintiff's claim with the justice, which summons shall be served at least five days before the time of trial mentioned therein, and shall be served by the officer delivering to the defendant, or leaving at his or her place of abode with some person over twelve years of age, a true copy of such summons, certified by the officer to be such.
Sec. 11. RCW 12.04.030 and 2010 c 8 s 3002 are each amended to read as follows:
Any person desiring to commence an action before a justice of the peace, by the service of a complaint and notice, can do so by filing his or her complaint verified by his or her own oath or that of his or her agent or attorney with the justice, and when such complaint is so filed, upon payment of his or her fees if demanded, the justice shall attach thereto a notice, which shall be substantially as follows:
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The State of Washington, . . . . . . . . . . . . . . . County. |
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ss. |
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To . . . . . . . . . . . . . . |
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You are hereby notified to be and appear at my office in . . . . . . on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., at the hour of . . . . M., to answer to the foregoing complaint or judgment will be taken against you as confessed and the prayer of the plaintiff granted. |
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Dated . . . . . ., ((19 . . .)) (year) . . . . |
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. . . . . . . . . . . . . . . . . . . ., J. P. |
Sec. 12. RCW 12.04.100 and 1985 c 469 s 6 are each amended to read as follows:
In case personal service cannot be had by reason of the absence of the defendant from the county in which the action is sought to be commenced, it shall be proper to publish the summons or notice with a brief statement of the object and prayer of the claim or complaint, in some newspaper of general circulation in the county wherein the action is commenced, which notice shall be published not less than once a week for three weeks prior to the time fixed for the hearing of the cause, which shall not be less than four weeks from the first publication of the notice.
The notice may be substantially as follows:
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The State of Washington, County of . . . . . . . . . . |
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ss. |
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In justice's court, . . . . . . justice. |
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To . . . . . . . . . . . . . . |
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You are hereby notified that . . . . . . has filed a complaint (or claim as the case may be) against you in said court which will come on to be heard at my office in . . . . . . . ., in . . . . . . county, state of Washington, on the . . . . day of . . . . . ., A.D. ((19 . . .)) (year) . . . ., at the hour of . . . . o'clock . . . .m., and unless you appear and then and there answer, the same will be taken as confessed and the demand of the plaintiff granted. The object and demand of said claim (or complaint, as the case may be) is (here insert a brief statement). |
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Complaint filed . . . . . ., A.D. ((19 . . .)) (year) . . . . |
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. . . . . . . . . . . . . . . . . . . ., J. P. |
Sec. 13. RCW 12.04.201 and 2010 c 8 s 3014 are each amended to read as follows:
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FORM OF SUBPOENA |
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State of Washington, County of . . . . . . . . . . . . . . ., |
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ss. |
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To . . . . . . . . . . . . . . : |
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In the name of the state of Washington, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., at . . . . o'clock in the . . . . noon, at his or her office in . . . . . ., to give evidence in a certain cause, then and there to be tried, between A B, plaintiff, and C D, defendant, on the part of (the plaintiff, or defendant as the case may be). |
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Given under my hand this . . . . day of . . . . . . . ., ((19 . . .)) (year) . . . . |
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J. P., Justice of the Peace. |
Sec. 14. RCW 12.04.203 and 2010 c 8 s 3015 are each amended to read as follows:
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FORM OF EXECUTION |
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State of Washington, County of . . . . . . . . . . . . . . ., |
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ss. |
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To the sheriff or any constable of said county: |
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Whereas, judgment against C D, for the sum of . . . . . . . . . dollars, and . . . . . . . . . dollars cost of suit, was recovered on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., before the undersigned, one of the justices of the peace in and for said county, at the suit of A B. These are, therefore, in the name of the state of Washington, to command you to levy on the goods and chattels of the said C D (excepting such as the law exempts), and make sale thereof according to law, to the amount of said sum and costs upon this writ, and the same return to me within thirty days, to be rendered to the said A B, for his or her debt, interests and costs. |
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Given under my hand this . . . . day of . . . . . . . ., ((19 . . .)) (year) . . . . |
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J. P., Justice of the Peace. |
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FORM OF EXECUTION AGAINST PRINCIPAL AND SURETY, AFTER EXPIRATION OF STAY OF EXECUTION |
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State of Washington, County of . . . . . . . . . . . . . . ., |
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ss. |
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To the sheriff or any constable of said county: |
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Whereas, judgment against C D for the sum of . . . . . . . . . dollars, and for . . . . . . . . . dollars, costs of suit, was recovered on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., before the undersigned, one of the justices of the peace in and for said county, at the suit of A B; and whereas, on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., E F became surety to pay said judgment and costs, in . . . . . . month from the date of the judgment aforesaid, agreeably to law, in the payment of which said C D and E F have failed; these are, therefore, in the name, etc., [as in the common form]. |
Sec. 15. RCW 12.04.204 and 1957 c 89 s 6 are each amended to read as follows:
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FORM OF ORDER IN REPLEVIN |
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State of Washington, County of . . . . . . . . . . . . . . ., |
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ss. |
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To the sheriff or any constable of said county: |
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In the name of the state of Washington, you are hereby commanded to take the personal property mentioned and described in the within affidavit, and deliver the same to the plaintiff, upon receiving a proper undertaking, unless before such delivery, the defendant enter into a sufficient undertaking for the delivery thereof to the plaintiff, if delivery be adjudged. |
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Given under my hand this . . . . day of . . . . . . . ., ((19 . . .)) (year) . . . . |
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J. P., Justice of the Peace. |
Sec. 16. RCW 12.04.205 and 1957 c 89 s 7 are each amended to read as follows:
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FORM OF A WRIT OF ATTACHMENT |
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State of Washington, County of . . . . . . . . . . . . . . ., |
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ss. |
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To the sheriff or any constable of said county: |
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In the name of the state of Washington, you are commanded to attach, and safely keep, the goods and chattels, moneys, effects and credits of C D, (excepting such as the law exempts), or so much thereof as shall satisfy the sum of . . . . . . dollars, with interest and cost of suit, in whosesoever hands or possession the same may be found in your county, and to provide that the goods and chattels so attached may be subject to further proceeding thereon, as the law requires; and of this writ make legal service and due return. |
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Given under my hand this . . . . day of . . . . . . . . . ., ((19 . . .)) (year) . . . . |
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J. P., Justice of the Peace. |
Sec. 17. RCW 12.04.206 and 2010 c 8 s 3016 are each amended to read as follows:
FORM OF UNDERTAKING IN REPLEVIN
Whereas, A B, plaintiff, has commenced an action before J P, one of the justices of the peace in and for . . . . . . county, against C D, defendant, for the recovery of certain personal property, mentioned and described in the affidavit of the plaintiff, to wit: [here set forth the property claimed]. Now, therefore we, A B, plaintiff, E F and G H, acknowledge ourselves bound unto C D in the sum of . . . . . . dollars for the prosecution of the action for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him or her of such sum as may for any cause be recovered against the plaintiff.
Dated the . . . . day of . . . . . ., ((19 . . .)) (year) . . . . A B, E F, G H.
Sec. 18. RCW 12.04.207 and 2010 c 8 s 3017 are each amended to read as follows:
FORM OF UNDERTAKING IN ATTACHMENT
Whereas, an application has been made by A B, plaintiff, to J P, one of the justices of the peace in and for . . . . . . county, for a writ of attachment against the personal property of C D, defendant; Now, therefore, we, A B, plaintiff, and E F, acknowledge ourselves bound to C D in the sum of . . . . . . dollars, that if the defendant recover judgment in this action, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he or she may sustain by reason of the said attachment and not exceeding the sum of . . . . . . dollars.
Dated the . . . . day of . . . . . ., ((19 . . .)) (year) . . . . A B, E F.
FORM OF UNDERTAKING
TO DISCHARGE ATTACHMENT
Whereas, a writ of attachment has been issued by J P, one of the justices of the peace in and for . . . . . . county, against the personal property of C D, defendant, in an action in which A B is plaintiff; Now, therefore, we C D, defendant, E F, and G H, acknowledge ourselves bound unto J K, constable, in the sum of . . . . . . dollars, [double the value of the property], engaging to deliver the property attached, to wit: [here set forth a list of articles attached], or pay the value thereof to the sheriff or constable, to whom the execution upon a judgment obtained by plaintiff in the aforesaid action may be issued.
Dated this . . . . day of . . . . . ., ((19 . . .)) (year) . . . . C D, E F, G H.
Sec. 19. RCW 12.40.110 and 1998 c 52 s 6 are each amended to read as follows:
(1) If the losing party fails to pay the judgment according to the terms and conditions thereof within thirty days or is in arrears on any payment plan, and the prevailing party so notifies the court, the court shall certify the judgment in substantially the following form:
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Washington. |
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In the District Court of . . . . . . County. |
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. . . . . . . . . . . . . . . Plaintiff, |
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vs. |
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. . . . . . . . . . . . . . . Defendant. |
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In the Small Claims Department. |
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This is to certify that: (1) In a certain action on the . . . . day of . . . . . . ((19 . . .)) (year) . . . ., wherein . . . . . . . . . was plaintiff and . . . . . . . . . defendant, jurisdiction of said defendant having been had by personal service (or otherwise) as provided by law, judgment was entered against . . . . . . in the sum of . . . . . . dollars; (2) the judgment has not been paid within ((twenty)) thirty days or the period otherwise ordered by the court; and (3) pursuant to RCW 12.40.105, the amount of the judgment is hereby increased by any costs of certification under this section and the amount specified in RCW 36.18.012(2). |
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Witness my hand this . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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. . . . |
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Clerk of the Small Claims Department. |
(2) The clerk shall forthwith enter the judgment transcript on the judgment docket of the district court; and thereafter garnishment, execution, and other process on execution provided by law may issue thereon, as in other judgments of district courts.
(3) Transcripts of such judgments may be filed and entered in judgment lien dockets in superior courts with like effect as in other cases.
Sec. 20. RCW 17.28.090 and 2011 c 336 s 464 are each amended to read as follows:
If, from the testimony given before the county commissioners, it appears to that board that the public necessity or welfare requires the formation of the district, it shall, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries so fixed and determined be organized as a district, under an appropriate name to be selected by the county commissioners, subject to approval of the voters of the district as hereinafter provided. The name shall contain the words "mosquito control district."
At the time of the declaration establishing and naming the district, the county commissioners shall by resolution call a special election to be held not less than thirty days and not more than sixty days from the date thereof, and shall cause to be published a notice of such election at least once a week for three consecutive weeks in a newspaper of general circulation in the county, setting forth the hours during which the polls will be open, the boundaries of the proposed district as finally adopted, and the object of the election. If any portion of the proposed district lies in another county, a notice of such election shall likewise be published in that county.
The election on the formation of the mosquito control district shall be conducted by the auditor of the county in which the greater area of the proposed district is located in accordance with the general election laws of the state and the results thereof shall be canvassed by that county's canvassing board. For the purpose of conducting an election under this section, the auditor of the county in which the greater area of the proposed district is located may appoint the auditor of any county or the city clerk of any city lying wholly or partially within the proposed district as his or her deputies. No person shall be entitled to vote at such election unless he or she is a qualified voter under the laws of the state in effect at the time of such election and has resided within the mosquito control district for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:
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"Shall a mosquito control district be established for the area described in a resolution of the board of commissioners of . . . . . . county adopted on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . .? |
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YES |
. . . . |
□ |
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NO |
. . . . |
□" |
If a majority of the persons voting on the proposition shall vote in favor thereof, the mosquito control district shall thereupon be established and the county commissioners of the county in which the greater area of the district is situated shall immediately file for record in the office of the county auditor of each county in which any portion of the land embraced in the district is situated, and shall also forward to the county commissioners of each of the other counties, if any, in which any portion of the district is situated, and also shall file with the secretary of state, a certified copy of the order of the county commissioners. From and after the date of the filing of the certified copy with the secretary of state, the district named therein is organized as a district, with all the rights, privileges, and powers set forth in this chapter, or necessarily incident thereto.
If a majority of the persons voting on the proposition shall vote in favor thereof, all expenses of the election shall be paid by the mosquito control district when organized. If the proposition fails to receive a majority of votes in favor, the expenses of the election shall be borne by the respective counties in which the district is located in proportion to the number of votes cast in said counties.
Sec. 21. RCW 18.44.251 and 2011 1st sp.s. c 21 s 47 are each amended to read as follows:
A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:
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REQUEST FOR WAIVER OF ERRORS AND OMISSIONS POLICY |
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I, . . . . . ., residing at . . . . . ., City of . . . . . ., County of . . . . . ., State of Washington, declare the following: |
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(1) An errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and |
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(2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and |
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(3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and |
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(4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and |
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(5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and |
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(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application. |
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THEREFORE, in consideration of the above, I, . . . . . ., respectfully request that the director of financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . ., ((19 . . .)) (year) . . . ., to . . . . . ., ((19 . . .)) (year) . . . . |
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Submitted this day of . . . . day of . . . . . ., ((19 . . .)) (year) . . . . |
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. . . . |
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(signature) |
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State of Washington, County of . . . . . . . . |
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ss. |
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I certify that I know or have satisfactory evidence that . . . . . . . . ., signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument. |
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Dated . . . . |
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Signature of |
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Notary Public . . . . |
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(Seal or stamp) |
Title . . . . |
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My appointment expires . . . . |
Sec. 22. RCW 19.120.040 and 1986 c 320 s 5 are each amended to read as follows:
Notwithstanding the terms of any motor fuel franchise, the interest of a motor fuel retailer under such an agreement shall be considered personal property and shall devolve on the death of the motor fuel retailer to a designated successor in interest of the retailer, limited to the retailer's spouse, adult child, or adult stepchild or, if no successor in interest is designated, to the retailer's spouse, if any. The designation shall be made, witnessed in writing by at least two persons, and delivered to the motor fuel refiner-supplier during the term of the franchise. The designation may be revised at any time by the motor fuel retailer and shall be substantially in the following form:
"I (motor fuel retailer name) at the . . . . . . service station located at . . . . . ., in the City of . . . . . ., Washington, designate . . . . . . as my successor in interest under RCW
19.120.030 and . . . . . . as my alternate successor if the originally designated successor is unable or unwilling so to act.
I so specify this . . . . day of . . . . . ., ((19. . .)) (year) . . . ."
The motor fuel refiner-supplier shall assist the designated successor in interest temporarily in the day-to-day operation of the service station to insure continued operation of the service station.
Sec. 23. RCW 26.04.090 and 1967 c 26 s 4 are each amended to read as follows:
A person solemnizing a marriage shall, within thirty days thereafter, make and deliver to the county auditor of the county wherein the license was issued a certificate for the files of the county auditor, and a certificate for the files of the state registrar of vital statistics. The certificate for the files of the county auditor shall be substantially as follows:
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STATE OF WASHINGTON COUNTY OF . . . . |
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This is to certify that the undersigned, a . . . . . ., by authority of a license bearing date the . . . . day of . . . . . . A.D.((, 19. . .)) (year) . . . ., and issued by the County auditor of the county of . . . . . ., did, on the . . . . day of . . . . . . A.D.((, 19. . .)) (year) . . . ., at . . . . . . in this county and state, join in lawful wedlock A.B. of the county of . . . . . ., state of . . . . . . and C.D. of the county of . . . . . ., state of . . . . . ., with their mutual assent, in the presence of F H and E G, witnesses. |
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In Testimony Whereof, witness the signatures of the parties to said ceremony, the witnesses and myself, this . . . . day of . . . . . ., A.D.((, 19. . .)) (year) . . . . |
The certificate for the files of the state registrar of vital statistics shall be in accordance with RCW
70.58.200. The certificate forms for the files of the county auditor and for the files of the state registrar of vital statistics shall be provided by the state registrar of vital statistics.
Sec. 24. RCW 26.18.100 and 2008 c 6 s 1033 are each amended to read as follows:
The wage assignment order shall be substantially in the following form:
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IN THE SUPERIOR COURT OF THE |
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STATE OF WASHINGTON IN AND FOR THE |
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COUNTY OF . . . . . . . . . |
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. . . . . . . . . . . . , |
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Obligee |
No. . . . . |
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vs. |
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. . . . . . . . . . . . , |
WAGE ASSIGNMENT |
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Obligor |
ORDER |
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. . . . . . . . . . . . , |
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Employer |
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THE STATE OF WASHINGTON TO: . . . . |
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Employer |
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AND TO: . . . . |
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Obligor |
The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or maintenance payments, or both, in an amount equal to or greater than the child support or maintenance payable for one month. The amount of the accrued child support or maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or maintenance obligation under the order is . . . . . . dollars per . . . . . .
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.
If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:
(1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:
(a) The sum of the accrued support or maintenance debt and the current support or maintenance obligation;
(b) The sum of the specified arrearage payment amount and the current support or maintenance obligation; or
(c) Fifty percent of the disposable earnings or remuneration of the obligor.
(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.
(3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts within five working days of each regular pay interval.
You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:
(a) The court that the wage assignment has been modified or terminated; or
(b) The addressee specified in the wage assignment order under this section that the accrued child support or maintenance debt has been paid.
You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect until you are no longer in possession of any earnings or remuneration owed to the employee.
You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below within five working days of each regular pay interval.
You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or maintenance, or order to withhold or deliver under chapter
74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR THE AMOUNT OF SUPPORT MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR'S EARNINGS OR SUBJECT TO CONTEMPT OF COURT.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.
DATED THIS . . . . day of . . . ., ((19. . .)) (year) . . . .
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. . . . |
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Obligee, or obligee's attorney |
Judge/Court Commissioner |
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Send withheld payments to: |
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. . . . |
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. . . . |
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. . . . |
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. . . . |
Sec. 25. RCW 26.50.085 and 1992 c 143 s 4 are each amended to read as follows:
(1) If the respondent was not personally served with the petition, notice of hearing, and ex parte order before the hearing, the court shall reset the hearing for twenty-four days from the date of entry of the order and may order service by publication instead of personal service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server to avoid service. The petitioner's affidavit must state the reasons for the belief that the ((petitioner [respondent])) respondent is avoiding service;
(c) The server has deposited a copy of the summons, in substantially the form prescribed in subsection (3) of this section, notice of hearing, and the ex parte order of protection in the post office, directed to the respondent at the respondent's last known address, unless the server states that the server does not know the respondent's address; and
(d) The court finds reasonable grounds exist to believe that the respondent is concealing himself or herself to avoid service, and that further attempts to personally serve the respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of protection not to exceed another twenty-four days from the date of reissuing the ex parte protection order and order to provide service by publication.
(3) The publication shall be made in a newspaper of general circulation in the county where the petition was brought and in the county of the last known address of the respondent once a week for three consecutive weeks. The newspaper selected must be one of the three most widely circulated papers in the county. The publication of summons shall not be made until the court orders service by publication under this section. Service of the summons shall be considered complete when the publication has been made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and shall require the respondent upon whom service by publication is desired, to appear and answer the petition on the date set for the hearing. The summons shall also contain a brief statement of the reason for the petition and a summary of the provisions under the ex parte order. The summons shall be essentially in the following form:
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In the . . . . . . . . . court of the state of Washington for the county of . . . . . . . . . . . |
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. . . ., |
Petitioner |
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vs. |
No. . . . . . . |
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. . . ., |
Respondent |
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The state of Washington to . . . . . . . . . . . (respondent): |
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You are hereby summoned to appear on the . . . . day of . . . . . ., ((19 . . .)) (year) . . . ., at . . . . a.m./p.m., and respond to the petition. If you fail to respond, an order of protection will be issued against you pursuant to the provisions of the domestic violence protection act, chapter 26.50 RCW, for a minimum of one year from the date you are required to appear. A temporary order of protection has been issued against you, restraining you from the following: (Insert a brief statement of the provisions of the ex parte order). A copy of the petition, notice of hearing, and ex parte order has been filed with the clerk of this court. |
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. . . . |
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Petitioner . . . . |
Sec. 26. RCW 35.22.110 and 1965 ex.s. c 47 s 10 are each amended to read as follows:
The authentication of the charter shall be by certificate of the mayor in substance as follows:
"I . . . . . ., mayor of the city of . . . . . . do hereby certify that in accordance with the provisions of the Constitution and statutes of the State of Washington, the city of . . . . . . caused fifteen freeholders to be elected on the . . . . day of . . . . . . ((19. . .)) (year) . . . . to prepare a charter for the city; that due notice of that election was given in the manner provided by law and that the following persons were declared elected to prepare and propose a charter for the city, to wit: . . . . . . . . .
That thereafter on the . . . . day of . . . . . . ((19. . .)) (year) . . . . the board of freeholders returned a proposed charter for the city of . . . . . . signed by the following members thereof: . . . . . . . . .
That thereafter the proposed charter was published in (Indicate name of newspaper in which published) for at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. (Indicate dates of publication)
That thereafter on the . . . . day of . . . . . . ((19. . .)) (year) . . . ., at an election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter, . . . . votes; against the proposed charter, . . . . votes; majority for the proposed charter, . . . . votes; whereupon the charter was declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of said city at my office this . . . . day of . . . . . . ((19. . .)) (year) . . . .
Attest:
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. . . . |
. . . . |
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Mayor of the city of |
Clerk of the city of . . . . . . (Corporate Seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for that purpose known as the charter book of the city of . . . . . . and when so recorded shall be attested by the clerk and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested.
All courts shall take judicial notice of a charter and all amendments thereto when recorded and attested as required in this section.
Sec. 27. RCW 35.58.090 and 1993 c 240 s 3 are each amended to read as follows:
The election on the formation of the metropolitan municipal corporation shall be conducted by the auditor of the central county in accordance with the general election laws of the state and the results thereof shall be canvassed by the county canvassing board of the central county, which shall certify the result of the election to the county legislative authority of the central county, and shall cause a certified copy of such canvass to be filed in the office of the secretary of state. Notice of the election shall be published in one or more newspapers of general circulation in each component county in the manner provided in the general election laws. No person shall be entitled to vote at such election unless that person is a qualified voter under the laws of the state in effect at the time of such election and has resided within the metropolitan area for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:
"FORMATION OF METROPOLITAN
MUNICIPAL CORPORATION
Shall a metropolitan municipal corporation be established for the area described in a resolution of the county legislative authority of . . . . . . county adopted on the . . . . day of . . . . . ., ((19. . .)) (year) . . . ., to perform the metropolitan functions of . . . . . . (here insert the title of each of the functions to be authorized as set forth in the petition or initial resolution).
YES . . . . . . . . . . . . . . . . . . . .□
NO . . . . . . . . . . . . . . . . . . . . □ "
If a majority of the persons voting on the proposition residing within the central city shall vote in favor thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor thereof, the metropolitan municipal corporation shall thereupon be established and the county legislative authority of the central county shall adopt a resolution setting a time and place for the first meeting of the metropolitan council which shall be held not later than sixty days after the date of such election. A copy of such resolution shall be transmitted to the legislative body of each component city and county and of each special district which shall be affected by the particular metropolitan functions authorized.
At the same election there shall be submitted to the voters residing within the metropolitan area, for their approval or rejection, a proposition authorizing the metropolitan municipal corporation, if formed, to levy at the earliest time permitted by law on all taxable property located within the metropolitan municipal corporation a general tax, for one year, of twenty-five cents per thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the metropolitan municipal corporation. The proposition shall be expressed on the ballots in substantially the following form:
"ONE YEAR TWENTY-FIVE CENTS
PER THOUSAND DOLLARS OF
ASSESSED VALUE LEVY
Shall the metropolitan municipal corporation, if formed, levy a general tax of twenty-five cents per thousand dollars of assessed value for one year upon all the taxable property within said corporation in excess of the constitutional and/or statutory tax limits for authorized purposes of the corporation?
YES . . . . . . . . . . . . . . . . . . . .□
NO . . . . . . . . . . . . . . . . . . . . □ "
Such proposition to be effective must be approved by a majority of at least three-fifths of the persons voting on the proposition to levy such tax, with a forty percent validation requirement, in the manner set forth in Article VII, section 2(a) of the Constitution of this state.
Sec. 28. RCW 35A.08.120 and 1967 ex.s. c 119 s 35A.08.120 are each amended to read as follows:
The authentication of the charter shall be by certificate of the mayor in substance as follows:
"I, . . . . . ., mayor of the city of . . . . . ., do hereby certify that in accordance with the provisions of the Constitution and statutes of the state of Washington, the city of . . . . . . caused fifteen freeholders to be elected on the . . . . . . day of . . . . . ., ((19. . .)) (year) . . . . as a charter commission to prepare a charter for the city; that due notice of that election was given in the manner provided by law and that the following persons were declared elected to prepare and propose a charter for the city, to wit:
That thereafter on the . . . . day of . . . . . ., ((19. . .)) (year) . . . . the charter commission returned a proposed charter for the city of . . . . . . signed by the following members thereof: . . . . . .
That thereafter the proposed charter was published in . . . . . . . . . (indicate name of newspaper in which published), for at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval.
(Indicate dates of publication.)
That thereafter on the . . . . day of . . . . . ., ((19. . .)) (year) . . . ., at an election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter . . . . votes; against the proposed charter, . . . . votes; majority for the proposed charter, . . . . votes; whereupon the charter was declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of the said city at my office this . . . . day of . . . . . ., ((19. . .)) (year) . . . .
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. . . . |
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Mayor of the city of . . . . |
Attest:
. . . . . . . . . . . . . . . . . . . .
Clerk of the city of . . . . . . (corporate seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for that purpose known as the charter book of the city of . . . . . . and when so recorded shall be attested by the clerk and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested.
All courts shall take judicial notice of a charter and all amendments thereto when recorded and attested as required in this section.
Sec. 29. RCW 36.24.110 and 2009 c 549 s 4037 are each amended to read as follows:
The coroner's warrant shall be in substantially the following form:
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State of Washington, County of. . . . |
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ss. |
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To any sheriff or constable of the county. |
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An inquisition having been this day found by the coroner's jury, before me, stating that A B has come to his or her death by the act of C D, by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded, in the name of the state of Washington, forthwith to arrest the above named C D, and take him or her before the nearest or most accessible magistrate in this county. |
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Given under my hand this . . . . day of . . . . . ., A.D. ((19. . .)) (year) . . . . |
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E F, coroner of the county of. . . . |
Sec. 30. RCW 36.60.020 and 1983 c 303 s 9 are each amended to read as follows:
(1) A county legislative authority proposing to establish a county rail district, or to modify the boundaries of an existing county rail district, or to dissolve an existing county rail district, shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days prior to the hearing, in a newspaper of general circulation within the proposed county rail district. This notice shall be in addition to any other notice required by law to be published. Additional notice of the hearing may be given by mail, posting within the proposed county rail district, or in any manner the county legislative authority deems necessary to notify affected persons. All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the county rail district.
(2) Following the hearing held under subsection (1) of this section, the county legislative authority may adopt a resolution providing for the submission of a proposal to establish a county rail district, modify the boundaries of an existing county rail district, or dissolve an existing county rail district, if the county legislative authority finds the proposal to be in the public interest. The resolution shall contain the boundaries of the district if applicable.
A proposition to create a county rail district, modify the boundaries of an existing county rail district, or dissolve an existing rail district shall be submitted to the affected voters at the next general election held sixty or more days after the adoption of the resolution providing for the submittal by the county legislative authority. The resolution shall establish the boundaries of the district and include a finding that the creation of the district is in the public interest and that the area included within the district can reasonably be expected to benefit from its creation. No portion of a city may be included in such a district unless the entire city is included.
The district shall be created upon approval of the proposition by simple majority vote. The ballot proposition submitted to the voters shall be in substantially the following form:
FORMATION OF COUNTY RAIL DISTRICT . . . . . .
Shall a county rail district be established for the area described in a resolution of the legislative authority of . . . . . . county, adopted on the . . . . day of . . . . . ., ((19. . .)) (year) . . . .?
Yes . . . . . . . .
No . . . . . . . .
Sec. 31. RCW 36.68.470 and 1981 c 210 s 6 are each amended to read as follows:
(1) Upon making findings under the provisions of RCW
36.68.460, the county legislative authority shall, by resolution, order an election of the voters of the proposed park and recreation service area to determine if the service area shall be formed. The county legislative authority shall in their resolution direct the county auditor to set the election to be held at the next general election or at a special election held for such purpose; describe the purposes of the proposed service area; set forth the estimated cost of any initial improvements or services to be financed by the service area should it be formed; describe the method of financing the initial improvements or services described in the resolution or petition; and order that notice of election be published in a newspaper of general circulation in the county at least twice prior to the election date.
(2) A proposition to form a park and recreation service area shall be submitted to the voters of the proposed service area. Upon approval by a majority of the voters voting on the proposition, a park and recreation service area shall be established. The proposition submitted to the voters by the county auditor on the ballot shall be in substantially the following form:
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FORMATION OF PARK AND |
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RECREATION SERVICE AREA |
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Shall a park and recreation service area be established for the area described in a resolution of the legislative authority of . . . . . . county, adopted on the . . . . day of . . . . . . ((19. . .)) (year) . . . ., to provide financing for neighborhood park facilities, improvements, and services? |
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Yes . . . . . . |
No . . . . . . |
Sec. 32. RCW 41.50.590 and 1991 c 365 s 8 are each amended to read as follows:
The mandatory benefits assignment order shall be in the following form:
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IN THE SUPERIOR COURT OF THE STATE OF |
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WASHINGTON IN AND FOR THE COUNTY OF |
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. . . . . . . . . . . . . . . . . . . . |
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. . . ., |
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Obligee |
No. . . . . |
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vs. |
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MANDATORY |
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. . . ., |
BENEFITS ASSIGNMENT |
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Obligor |
ORDER |
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. . . ., |
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The Department of Retirement Systems |
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of the State of Washington |
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THE STATE OF WASHINGTON TO: The Department of Retirement Systems |
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AND TO: |
. . . . |
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Obligor |
The above-named obligee claims that the above-named obligor is more than fifteen days past due in spousal maintenance payments and that the total amount of such past due payments is equal to or greater than one hundred dollars or that the obligor has requested a withdrawal of accumulated contributions from the department of retirement systems. The amount of the accrued past due spousal maintenance debt as of this date is . . . . . . dollars. If the obligor is receiving periodic retirement payments from the department, the amount to be withheld from the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars per month and the amount to be withheld from the obligor's benefits to satisfy current and continuing spousal maintenance is . . . . . . per month. Upon satisfaction of the accrued past due spousal maintenance debt, the department shall withhold only . . . . . . dollars, the amount necessary to satisfy current and continuing spousal maintenance from the obligor's benefits. If the obligor has requested a withdrawal of accumulated contributions from the department, the amount to be withheld from the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars.
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this benefits assignment order upon you.
(1) If you are currently paying periodic retirement payments to the obligor, then you shall do as follows:
(a) Withhold from the obligor's retirement payments each month the lesser of:
(i) The sum of the specified arrearage payment amount plus the specified current spousal maintenance amount; or
(ii) Fifty percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the mandatory benefits assignment order, and all other sums may be disbursed to the obligor.
You shall continue to withhold the ordered amounts from nonexempt benefits of the obligor until notified by a court order that the mandatory benefits assignment order has been modified or terminated. You shall promptly notify the court if and when the obligor is no longer receiving periodic retirement payments from the department of retirement systems.
You shall deliver the withheld benefits to the clerk of the court that issued this mandatory benefits assignment order each month, but the first delivery shall occur no sooner than twenty days after your receipt of this mandatory benefits assignment order.
(2) If you are not currently paying periodic retirement payments to the obligor but the obligor has requested a withdrawal of accumulated contributions, then you shall do as follows:
(a) Withhold from the obligor's benefits the sum of the specified arrearage payment amount plus the specified interest amount, up to one hundred percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the mandatory benefits assignment order, and all other sums may be disbursed to the obligor.
You shall mail a copy of this order and a copy of your answer to the obligor at the mailing address in the department's files as soon as is reasonably possible. This mandatory benefits assignment order has priority over any assignment or order of execution, garnishment, attachment, levy, or similar legal process authorized by Washington law, except for a wage assignment order for child support under chapter
26.18 RCW or order to withhold or deliver under chapter
74.20A RCW.
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NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS MANDATORY BENEFITS ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE MANDATORY BENEFITS ASSIGNMENT ORDER. |
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DATED THIS . . . . day of . . . ., ((19. . .)) (year) . . . . |
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Obligee, |
Judge/Court Commissioner |
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or obligee's attorney |
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Sec. 33. RCW 43.20B.040 and 1990 c 100 s 3 are each amended to read as follows:
The form of the lien in RCW
43.20B.060 shall be substantially as follows:
STATEMENT OF LIEN
Notice is hereby given that the State of Washington, Department of Social and Health Services, has rendered assistance or provided residential care to . . . . . ., a person who was injured on or about the . . . . day of . . . . . . in the county of . . . . . . state of . . . . . ., and the said department hereby asserts a lien, to the extent provided in RCW
43.20B.060, for the amount of such assistance or residential care, upon any sum due and owing . . . . . . (name of injured person) from . . . . . ., alleged to have caused the injury, and/or his or her insurer and from any other person or insurer liable for the injury or obligated to compensate the injured person on account of such injuries by contract or otherwise.
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STATE OF WASHINGTON, DEPARTMENT |
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OF SOCIAL AND HEALTH SERVICES |
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By: . . . . (Title) |
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STATE OF WASHINGTON COUNTY OF |
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ss. |
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I, . . . . . ., being first duly sworn, on oath state: That I am . . . . . . (title); that I have read the foregoing Statement of Lien, know the contents thereof, and believe the same to be true. |
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Signed and sworn to or affirmed before me this . . . . day of . . . . . ., ((19. . .)) (year) . . . . |
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by . . . . |
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(name of person making statement). |
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(Seal or stamp) |
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. . . . |
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Notary Public in and for the State |
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of Washington |
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My appointment expires: . . . . |
Sec. 34. RCW 58.09.080 and 1973 c 50 s 8 are each amended to read as follows:
Certificates shall appear on the record of survey map as follows:
SURVEYOR'S CERTIFICATE
This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of . . . . . . . . . in . . . . . ., ((19. . .)) (year) . . . .
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Name of Person |
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(Signed and Sealed) . . . . |
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Certificate No. . . . . |
AUDITOR'S CERTIFICATE
Filed for record this . . . . day of . . . . . ., ((19. . .)) (year) . . . . at . . . . .M. in book . . . . of . . . . at page . . . . at the request of . . . . . . . . .
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(Signed) . . . . |
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County Auditor |
Sec. 35. RCW 60.08.020 and 2012 c 117 s 131 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:
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CHATTEL LIEN NOTICE. |
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. . . . against . . . . |
Claimant, Owner. |
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Notice is hereby given that . . . . . . has and claims a lien upon (here insert description of chattel), owned by . . . . . . for the sum of . . . . . . dollars, for and on account of labor, skill and material expended upon said . . . . . . . . . which was completed upon the . . . . day of . . . . . ., ((19. . .)) (year) . . . . |
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Claimant. |
Sec. 36. RCW 61.12.020 and 1929 c 33 s 12 are each amended to read as follows:
Mortgages of land may be made in substantially the following form: The mortgagor (here insert name or names) mortgages to (here insert name or names) to secure the payment of (here insert the nature and amount of indebtedness, showing when due, rate of interest, and whether evidenced by note, bond or other instrument or not) the following described real estate (here insert description) situated in the county of . . . . . ., state of Washington.
Dated this . . . . day of . . . . . ., ((19. . .)) (year) . . . .
Every such mortgage, when otherwise properly executed, shall be deemed and held a good and sufficient conveyance and mortgage to secure the payment of the money therein specified. The parties may insert in such mortgage any lawful agreement or condition.
Sec. 37. RCW 64.04.030 and 2012 c 117 s 186 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. . .)) (year) . . . .
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. 38. RCW 64.04.040 and 2012 c 117 s 187 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. . .)) (year) . . . .
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. 39. RCW 64.04.050 and 2012 c 117 s 188 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. . .)) (year) . . . .
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. 40. RCW 64.08.060 and 1988 c 69 s 2 are each amended to read as follows:
A certificate of acknowledgment for an individual, substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW
42.44.100(1), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in accordance with this chapter:
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State of County of |
. . . . . . . . |
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ss. |
On this day personally appeared before me (here insert the name of grantor or grantors) to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he (she or they) signed the same as his (her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this . . . . day of . . . . . ., ((19. . .)) (year) . . . . (Signature of officer and official seal)
If acknowledgment is taken before a notary public of this state the signature shall be followed by substantially the following: Notary Public in and for the state of Washington, residing at . . . . . . . . ., (giving place of residence).
Sec. 41. RCW 64.08.070 and 2012 c 117 s 191 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:
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State of County of |
. . . . . . . . |
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ss. |
On this . . . . day of . . . . . ., ((19. . .)) (year) . . . ., before me personally appeared . . . . . ., to me known to be the (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. (Signature and title of officer with place of residence of notary public.)
Sec. 42. RCW 65.12.035 and 2009 c 521 s 145 are each amended to read as follows:
The form of application may, with appropriate changes, be substantially as follows:
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FORM OF APPLICATION FOR |
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INITIAL REGISTRATION OF TITLE TO LAND |
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State of Washington County of . . . ., |
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ss. |
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In the superior court of the state of Washington in and for . . . . . . county. |
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In the matter of the application of . . . . . . to register the title to the land hereinafter described |
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PETITION |
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To the Honorable . . . . . ., judge of said court: I hereby make application to have registered the title to the land hereinafter described, and do solemnly swear that the answers to the questions herewith, and the statements herein contained, are true to the best of my knowledge, information and belief. |
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First. Name of applicant, . . . . . ., age, . . . . years. |
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Residence, . . . . . . . . . . . (number and street, if any). Married to or in a state registered domestic partnership with . . . . . . (name of husband, wife, or state registered domestic partner). |
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Second. Applications made by . . . . . ., acting as . . . . . . (owner, agent or attorney). Residence, . . . . . . . . . . . (number, street). |
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Third. Description of real estate is as follows: |
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estate or interest therein is . . . . . . and . . . . . . subject to homestead. |
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Fourth. The land is . . . . . . occupied by . . . . . . . . . . . (names of occupants), whose address is . . . . . . . . . . . (number street and town or city). The estate, interest or claim of occupant is . . . . . . |
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Fifth. Liens and incumbrances on the land . . . . . . Name of holder or owner thereof is . . . . . . Whose post office address is . . . . . . . . . . . Amount of claim, $. . . . Recorded, Book . . . ., page . . . ., of the records of said county. |
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Sixth. Other persons, firm or corporation having or claiming any estate, interest or claim in law or equity, in possession, remainder, reversion or expectancy in said land are . . . . . . whose addresses are . . . . . . . . . . . respectively. Character of estate, interest or claim is . . . . . . . . . . . . . . . |
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Seventh. Other facts connected with said land and appropriate to be considered in this registration proceeding are . . . . . . |
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Eighth. Therefore, the applicant prays this honorable court to find or declare the title or interest of the applicant in said land and decree the same, and order the registrar of titles to register the same and to grant such other and further relief as may be proper in the premises. |
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(Applicant's signature) |
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By . . . . . ., agent, attorney, administrator or guardian. |
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Subscribed and sworn to before me this . . . . day of . . . . . ., A.D. ((19. . .)) (year) . . . . |
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Notary Public in and for the state of Washington, residing at . . . . . . . . |
Sec. 43. RCW 65.12.125 and 1907 c 250 s 206 are each amended to read as follows:
The summons provided for in RCW
65.12.135 shall be in substance in the form following, to wit:
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SUMMONS ON APPLICATION FOR |
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REGISTRATION OF LAND |
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State of Washington, County of . . . ., |
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ss. |
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In the superior court of the state of Washington in and for the county of . . . . . . (name of applicant), plaintiff, . . . . . ., versus . . . . . . (names of all defendants), and all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate, described in the application herein . . . . . . defendants. |
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The state of Washington to the above-named defendants, greeting: |
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You are hereby summoned and required to answer the application of the applicant plaintiff in the above entitled application for registration of the following land situate in . . . . . . county, Washington, to wit: (description of land), and to file your answer to the said application in the office of the clerk of said court, in said county, within twenty days after the service of this summons upon you, exclusive of the day of such service; and if you fail to answer the said application within the time aforesaid, the applicant plaintiff in this action will apply to the court for the relief demanded in the application herein. |
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Witness, . . . . . ., clerk of said court and the seal thereof, at . . . . . ., in said county and state, this . . . . day of . . . . . ., A.D. ((19. . .)) (year) . . . . |
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(Seal.) |
. . . . Clerk. |
Sec. 44. RCW 65.12.230 and 1917 c 62 s 3 are each amended to read as follows:
The owner or owners of registered lands, desiring to withdraw the same from registration, shall make and file with the registrar of titles in the county in which said lands are situated, an application in substantially the following form:
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To the registrar of titles in the county of . . . . . ., state of Washington: |
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I, (or we), . . . . . ., the undersigned registered owner . . . in fee simple of the following described real property situated in the county of . . . . . ., state of Washington, to wit: (here insert the description of the property), hereby make application to have the title to said real property withdrawn from registration. |
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Witness my (or our) hand . . . and seal . . . this . . . . day of . . . . . ., ((19. . .)) (year) . . . . |
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Applicant's signature. |
Said application shall be acknowledged in the same manner as is required for the acknowledgment of deeds.
Sec. 45. RCW 65.12.235 and 2012 c 117 s 227 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 a certificate in substantially the following form:
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This is to certify, That . . . . . . the owner (or owners) in fee simple of the following described lands situated in the county of . . . . . ., state of Washington, the title to which has been heretofore registered under the laws of the state of Washington, to wit: (here insert description of the property), having heretofore filed his or her (or their) application for the withdrawal of the title to said lands from the registry system; NOW, THEREFORE, The title to said above described lands has been withdrawn from the effect and operation of the title registry system of the state of Washington and the owner (or owners) of said lands is (or are) by law authorized to contract concerning, convey, encumber, or otherwise deal with the title to said lands in the same manner and to the same extent as though said title had never been registered. |
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Witness my hand and seal this . . . . day of . . . . . ., ((19. . .)) (year) . . . . |
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Registrar of Titles for |
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. . . . . . . . county. |
Sec. 46. RCW 65.12.255 and 2012 c 117 s 229 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:
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FIRST CERTIFICATE OF TITLE |
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Pursuant to order of the superior court of the state of Washington, in and for . . . . . . county. |
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State of Washington, County of. . . ., |
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ss. |
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This is to certify that A. . . . . . B. . . . . . of . . . . . ., county of . . . . . ., state of . . . . . ., is now the owner of an estate (describe the estate) of, and in (describe the land), subject to the incumbrances, liens and interests noted by the memorial underwritten or indorsed thereon, subject to the exceptions and qualifications mentioned in the thirtieth section of "An Act relating to the registration and confirmation of titles to land," in the session laws of Washington for the year 1907 [RCW 65.12.195]. (Here note all statements provided herein to appear upon the certificate.) |
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In witness whereof, I have hereunto set my hand and affixed the official seal of my office this . . . . day of . . . . . ., A.D. ((19. . .)) (year) . . . . |
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(Seal) |
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. . . ., |
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Registrar of Titles. |
Sec. 47. RCW 65.12.270 and 1907 c 250 s 38 are each amended to read as follows:
All certificates subsequent to the first shall be in like form, except that they shall be entitled: "Transfer from No. . . . .", (the number of the next previous certificate relating to the same land), and shall also contain the words "Originally registered on the . . . . day of . . . . . ., ((19. . .)) (year) . . . ., and entered in the book . . . . . . at page . . . . of register."
Sec. 48. RCW 67.38.030 and 1982 1st ex.s. c 22 s 3 are each amended to read as follows:
(1) The process to create a cultural arts, stadium and convention district may be initiated by:
(a) The adoption of a resolution by the county legislative authority calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries of the district; or
(b) The governing bodies of two or more cities located within the same county adopting resolutions calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries of such a district: PROVIDED, That this method may not be used more frequently than once in any twelve month period in the same county; or
(c) The filing of a petition with the county legislative authority, calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries of the district, that is signed by at least ten percent of the registered voters residing in the proposed district at the last general election. Such signatures will be certified by the county auditor or the county elections department.
(2) Within sixty days of the adoption of such resolutions, or presentation of such a petition, the county legislative authority shall hold a public hearing on the proposed creation of such a district. Notice of the hearing shall be published at least once a week for three consecutive weeks in one or more newspapers of general circulation within the proposed boundaries of the district. The notice shall include a general description and map of the proposed boundaries. Additional notice shall also be mailed to the governing body of each city and municipality located all or partially within the proposed district. At such hearing, or any continuation thereof, any interested party may appear and be heard on the formation of the proposed district.
The county legislative authority shall delete the area included within the boundaries of a city from the proposed district if prior to the public hearing the city submits to the county legislative authority a copy of an adopted resolution requesting its deletion from the proposed district. The county legislative authority may delete any other areas from the proposed boundaries. Additional territory may be included within the proposed boundaries, but only if such inclusion is subject to a subsequent hearing, with notice provided in the same manner as for the original hearing.
(3) A proposition to create a cultural arts, stadium and convention district shall be submitted to the voters of the proposed district within two years of the adoption of a resolution providing for such submittal by the county legislative authority at the conclusion of such hearings. The resolution shall establish the boundaries of the district and include a finding that the creation of the district is in the public interest and that the area included within the district can reasonably be expected to benefit from its creation. No portion of a city may be included in such a district unless the entire city is included. The boundaries of such a district shall follow school district or community college boundaries in as far as practicable.
(4) The proposition to create a cultural arts, stadium and convention district shall be submitted to the voters of the proposed district at the next general election held sixty or more days after the adoption of the resolution. The district shall be created upon approval of the proposition by simple majority vote. The ballot proposition submitted to the voters shall be in substantially the following form:
FORMATION OF CULTURAL ARTS,
STADIUM AND CONVENTION
DISTRICT . . . . . .
Shall a cultural arts, stadium and convention district be established for the area described in a resolution of the legislative authority of . . . . . . county, adopted on the . . . . day of . . . . . ., ((19. . .)) (year) . . . .?
Yes . . . . . . . .
No . . . . . . . .
Sec. 49. RCW 84.40.320 and 1988 c 222 s 18 are each amended to read as follows:
The assessor shall add up and note the amount of each column in the detail and assessment lists in such manner as prescribed or approved by the state department of revenue, as will provide a convenient and permanent record of assessment. The assessor shall also make, under proper headings, a certification of the assessment rolls and on the 15th day of July shall file the same with the clerk of the county board of equalization for the purpose of equalization by the said board. Such certificate shall be verified by an affidavit, substantially in the following form:
State of Washington, . . . . . . County, ss.
I, . . . . . ., Assessor . . . . . ., do solemnly swear that the assessment rolls and this certificate contain a correct and full list of all the real and personal property subject to taxation in this county for the assessment year ((19. . .)) (year) . . . ., so far as I have been able to ascertain the same; and that the assessed value set down in the proper column, opposite the several kinds and descriptions of property, is in each case, except as otherwise provided by law, one hundred percent of the true and fair value of such property, to the best of my knowledge and belief, and that the assessment rolls and this certificate are correct, as I verily believe.
. . . . . . . . . ., Assessor.
Subscribed and sworn to before me this . . . . day of . . . . . ., ((19. . .)) (year) . . . .
(L. S.) . . . . . ., Auditor of . . . . . . county.
PROVIDED, That the failure of the assessor to complete the certificate shall in nowise invalidate the assessment. After the same has been duly equalized by the county board of equalization, the same shall be delivered to the county assessor.
Sec. 50. RCW 85.28.060 and 2013 c 23 s 442 are each amended to read as follows:
Upon the filing of the report of the viewers aforesaid, a summons shall be issued in the same manner as summons are issued in civil actions, and served upon each person owning or interested in any lands over which the proposed ditch or drain will pass. Said summons must inform the person to whom it is directed of the appointment and report of the viewers; a description of the land over which said ditch will pass of which such person is the owner, or in which he or she has an interest; the width and depth of said proposed ditch, and the distance which it traverses said land, also an accurate description of the course thereof. It must also show the amount of damages to said land as estimated by said viewers; and that unless the person so summoned appears and files objections to the report of the viewers, within twenty days after the service of said summons upon him or her, exclusive of the day of service, the same will be approved by the court, which summons may be in the following form:
In the Superior Court of the State of Washington, for . . . . . . County.
In the matter of the application of . . . . . . for a private ditch.
The state of Washington to . . . . . .
Whereas, on the . . . . day of . . . . . . ((19. . .)) (year) . . . . filed his or her petition in the above entitled court praying that a private ditch or drain be established across the following described lands, to wit: . . . .
. . . .
for the purpose of draining certain lands belonging to said . . . . . ., and whereas, on the . . . . day of . . . . . ., ((19. . .)) (year) . . . ., Messrs. . . . . . . and . . . . . . with . . . . . . county surveyor of . . . . . . county, were appointed to view said premises in the manner provided by law, and said viewers having, on the . . . . day of . . . . . ., ((19. . .)) (year) . . ., filed their report in this court, finding in favor of said ditch and locating the same upon the following course: . . . . . . . . . . . for a distance of . . . . . . upon said land, and of a width of . . . . feet and a depth of . . . . feet; and they further find that said land will be damaged by the establishing and construction of said ditch in the sum of $. . . .: Now therefore, you are hereby summoned to appear within twenty days after the service of this summons, exclusive of the day of service, and file your objections to said petition and the report of said viewers, with this court; and in case of your failure so to do, said report will be approved and said petition granted.
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Plaintiff's Attorney. |
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P.O. Address . . . . |
Sec. 51. RCW 88.32.070 and 1985 c 469 s 95 are each amended to read as follows:
After the return of the assessment roll to the county legislative authority it shall make an order setting a day for the hearing upon any objections to the assessment roll by any parties affected thereby who shall be heard by the county legislative authority as a board of equalization, which date shall be at least twenty days after the filing of such roll. It shall be the duty of the county legislative authority to give, or cause to be given, notice of such assessment, and of the day fixed for the hearing, as follows:
(1) They shall send or cause to be sent, by mail, to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in this form, to wit:
". . . .
"Your property (here describe the property) is assessed $. . . . . . for river and harbor improvement to be made in this county.
"Hearing on the assessment roll will be had before the undersigned, at the office of the county commissioners, on the . . . . day of . . . . . . ((19. . .)) (year) . . . .
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"Board of county commissioners." |
But failure to send, or cause to be sent, such notice, shall not be fatal to the proceedings herein prescribed.
(2) They shall cause at least ten days' notice of the hearing to be given by posting notice in at least ten public places in the county, three of which shall be in the neighborhood of the proposed improvement, and by publishing the same at least once a week for two consecutive weeks in the official newspaper of the county which notice shall be signed by the county legislative authority, and shall state the day and place of the hearing of objections to the assessment roll, and the nature of the improvement, and that all interested parties will be heard as to any objections to said assessment roll.
Sec. 52. RCW 88.32.140 and 2013 c 23 s 541 are each amended to read as follows:
(1) In all cases, the county, as the agent of the local improvement district, shall, by resolution of its county legislative authority, cause to be issued in the name of the county, the bonds for such local improvement district for the whole estimated cost of such improvement, less such amounts as shall have been paid within the thirty days provided for redemption, as hereinabove specified. Such bonds shall be called "Local Improvement Bonds, District No. . . . ., County of . . . . . ., State of Washington", and shall be payable not more than ten years after date, and shall be subject to annual call by the county treasurer, in such manner and amounts as he or she may have cash on hand to pay the same in the respective local improvement fund from which such bonds are payable, interest to be paid at the office of the county treasurer. Such bonds shall be issued and delivered to the contractor for the work from month to month in such amounts as the engineer of the government, in charge of the improvement, shall certify to be due on account of work performed, or, if said county legislative authority resolves so to do, such bonds may be offered for sale after thirty days public notice thereof given, to be delivered to the highest bidder therefor, but in no case shall such bonds be sold for less than par, the proceeds to be applied in payment for such improvement: PROVIDED, That unless the contractor for the work shall agree to take such bonds in payment for his or her work at par, such work shall not be begun until the bonds shall have been sold and the proceeds shall have been paid into a fund to be called "Local Improvement Fund No. . . . ., County of . . . . . .", and the owner or owners of such bonds shall look only to such fund for the payment of either the principal or interest of such bonds.
Such bonds shall be issued in denominations of one hundred dollars each, and shall be substantially in the following form:
"Local Improvement Bond, District Number . . . . of the County of . . . . . ., State of Washington.
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No. . . . . N.B. . . . . |
$ . . . . . . |
This bond is not a general debt of the county of . . . . . . and has not been authorized by the voters of said county as a part of its general indebtedness. It is issued in pursuance of an act of the legislature of the state of Washington, passed the . . . . day of . . . . . . A.D. 1907, and is a charge against the fund herein specified and its issuance and sale is authorized by the resolution of the county legislative authority, passed on the . . . . day of . . . . . . A.D. 1907. The county of . . . . . ., a municipal corporation of the state of Washington, hereby promises to pay to . . . . . ., or bearer, one hundred dollars, lawful money of the United States of America, out of the fund established by resolution of the county legislative authority on the . . . . day of . . . . . ., A.D. ((19. . .)) (year) . . . ., and known as local improvement fund district number . . . . of . . . . . . county, and not otherwise.
"This bond is payable ten years after date, and is subject to annual call by the county treasurer at the expiration of any year before maturity in such manner and amounts as he or she may have cash on hand to pay the same in the said fund from which the same is payable, and shall bear interest at the rate of . . . . percent per annum, payable semiannually; both principal and interest payable at the office of the county treasurer. The county legislative authority of said county, as the agent of said local improvement district No. . . . ., established by resolution No. . . . ., has caused this bond to be issued in the name of said county, as the bond of said local improvement district, the proceeds thereof to be applied in part payment of so much of the cost of the improvement of the rivers, lakes, canals, or harbors of . . . . . . county, under resolution No. . . . ., as is to be borne by the owners of property in said local improvement district, and the said local improvement fund, district No. . . . . of . . . . . . county, has been established by resolution for said purpose; and the owner or owners of this bond shall look only to said fund for the payment of either the principal or interest of this bond.
"The call for the payment of this bond or any bond, issued on account of said improvement, may be made by the county treasurer by publishing the same in an official newspaper of the county for ten consecutive issues, beginning not more than twenty days before the expiration of any year from date hereof, and if such call be made, interest on this bond shall cease at the date named in such call.
"This bond is one of a series of . . . . . . bonds, aggregating in all the principal sum of . . . . . . dollars, issued for said local improvement district, all of which bonds are subject to the same terms and conditions as herein expressed.
"In witness whereof the said county of . . . . . . has caused these presents to be signed by its chair of its county legislative authority, and countersigned by its county auditor and sealed with its corporate seal, attested by its county clerk, this . . . . day of . . . . . ., in the year of our Lord ((one thousand nine hundred and)) . . . . . . . . .
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The County of . . . . |
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By . . . . |
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Chair County Legislative Authority. |
Countersigned, . . . . . . County Auditor.
Attest, . . . . . . Clerk."
The bonds may be in any form, including bearer bonds or registered bonds as provided in RCW
39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter
39.46 RCW.
Sec. 53. RCW 91.08.380 and 1911 c 23 s 36 are each amended to read as follows:
The treasurer receiving such certified copy of the assessment roll and judgment shall immediately give notice thereof by publishing such notice at least once in the official newspaper or newspapers of such county, if such newspaper or newspapers there be; and if there be no such official newspaper, then by publishing such notice in some newspaper of general circulation in the county. Such notice may be in substantially the following form:
"SPECIAL ASSESSMENT NOTICE.
Public notice is hereby given that the superior court of . . . . . . county, State of Washington, has rendered judgment for a special assessment upon property benefited by the following improvement (here insert the character and location of the improvement in general terms) as will more fully appear from the certified copy of the assessment roll on file in my office, and that the undersigned is authorized to collect such assessments. All persons interested are hereby notified that they can pay the amounts assessed, or any part thereof, without interest, at my office (here insert location of office) within sixty days from the date hereof.
Dated this . . . . day of . . . . . . A.D. ((19. . .)) (year) . . . .
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Treasurer of . . . . |
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county, Washington." |
PART II
REMOVING EXPIRED PROVISIONS
NEW SECTION. Sec. 54. RCW 19.27A.035 (Payments by electric utilities to owners of residential buildings—Recovery of expenses—Effect of Pacific Northwest electric power planning and conservation act—Expiration of subsections) and 1993 c 64 s 2 & 1990 c 2 s 4 are each repealed. Sec. 55. RCW 49.12.450 and 1998 c 334 s 2 are each amended to read as follows:
(1) Notwithstanding the provisions of chapter
49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section.
(2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform.
(3) As used in this section, "uniform" means:
(a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer;
(b) Apparel that is specially marked with an employer's logo;
(c) Unique apparel representing an historical time period or an ethnic tradition; or
(d) Formal apparel.
(4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, or blue, for tops; and tan, black, blue, or gray, for bottoms. An employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather which necessitate a change in wearing apparel.
(5) If an employer changes the color or colors of apparel required to be worn by any of his or her employees during a two-year period of time, the employer shall furnish or compensate the employees for the apparel. The employer shall be required to furnish or compensate only those employees who are affected by the change. The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two-year time period applies to all employees regardless of when the employee is hired.
(6)
((The department shall utilize negotiated rule making as defined by RCW 34.05.310(2)(a) in the development and adoption of rules defining apparel that conforms to a general dress code or style. This subsection expires January 1, 2000.(7))) For the purposes of this section, personal protective equipment required for employee protection under chapter
49.17 RCW is not deemed to be employee wearing apparel.
Sec. 56. RCW 70.95G.030 and 1991 c 319 s 109 are each amended to read as follows:
All packages and packaging components shall be subject to this chapter except the following:
(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991;
(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following May 21, 1991, to permit opportunity to clear existing inventory of the proscribed packaging material; or
(3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative((; or
(4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in RCW 70.95G.020(1) but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after May 21, 1991)).
PART III
MAKING TECHNICAL CORRECTIONS
Sec. 57. 2013 2nd sp.s. c 4 s 1905 (uncodified) is amended to read as follows:
Section 957 of this act expires ((August)) January 1, 2018.
Sec. 58. RCW 28B.15.069 and 2015 3rd sp.s. c 4 s 945 and 2013 3rd sp.s. c 36 s 5 are each reenacted to read as follows:
(1) The building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the office of financial management and be based on the actual percentage the building fee is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent. After October 9, 2015, the dollar value of the building fee shall not be reduced below the level in the 2014-15 academic year adjusted for inflation. As used in this subsection, "inflation" has the meaning in RCW
28B.15.066(2).
(2) The governing boards of each institution of higher education, except for the technical colleges, shall charge to and collect from each student a services and activities fee. A governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW
28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for resident undergraduate students: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. These rate adjustments may exceed the fiscal growth factor. For the 2015-2017 fiscal biennium, each governing board is authorized to increase the services and activities fees by amounts judged reasonable and necessary by the services and activities fee committee and the governing board consistent with the budgeting procedures set forth in RCW
28B.15.045. The services and activities fee committee provided for in RCW
28B.15.045 may initiate a request to the governing board for a fee increase.
(3) Tuition and services and activities fees consistent with subsection (2) of this section shall be set by the state board for community and technical colleges for community college summer school students unless the community college charges fees in accordance with RCW
28B.15.515.
(4) Subject to the limitations of RCW
28B.15.910, each governing board of a community college may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges.
(5) The governing board of a college offering an applied baccalaureate degree program under RCW
28B.50.810 may charge tuition fees for those courses above the associate degree level at rates consistent with rules adopted by the state board for community and technical colleges, not to exceed tuition fee rates at the regional universities.
Sec. 59. RCW 43.19.501 and 2015 3rd sp.s. c 3 s 7031 are each reenacted to read as follows:
The Thurston county capital facilities account is created in the state treasury. The account is subject to the appropriation and allotment procedures under chapter
43.88 RCW. Moneys in the account may be expended for capital projects in facilities owned and managed by the department in Thurston county. For the 2007-2009 biennium, moneys in the account may be used for predesign identified in section 1037, chapter 328, Laws of 2008. For the 2015-2017 biennium, moneys in the account may be used for studies related to real estate.
During the 2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer from the Thurston county capital facilities account to the state general fund such amounts as reflect the excess fund balance of the account.
NEW SECTION. Sec. 60. Section 1, chapter 65, Laws of 2015 expires July 1, 2020.
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