title: RCW 4.80.140

text:
This chapter shall apply to and govern all civil actions and proceedings, both legal and equitable, and all criminal causes, in the superior courts, but shall not apply to district courts or other courts of limited jurisdiction from which an appeal does not lie directly to the supreme court or court of appeals.
[ 1987 c 202 s 120; 1971 c 81 s 21; 1893 c 60 s 17; RRS s 397, part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Application of chapter.


doc_type: statute

jurisdiction: wa

title: RCW 4.84.010

text:
The measure and mode of compensation of attorneys and counselors, shall be left to the agreement, expressed or implied, of the parties, but there shall be allowed to the prevailing party upon the judgment certain sums for the prevailing party's expenses in the action, which allowances are termed costs, including, in addition to costs otherwise authorized by law, the following expenses:
(1) Filing fees;
(2) Fees for the service of process by a public officer, registered process server, or other means, as follows:
(a) When service is by a public officer, the recoverable cost is the fee authorized by law at the time of service.
(b) If service is by a process server registered pursuant to chapter 18.180 RCW or a person exempt from registration, the recoverable cost is the amount actually charged and incurred in effecting service;
(3) Fees for service by publication;
(4) Notary fees, but only to the extent the fees are for services that are expressly required by law and only to the extent they represent actual costs incurred by the prevailing party;
(5) Reasonable expenses, exclusive of attorneys' fees, incurred in obtaining reports and records, which are admitted into evidence at trial or in mandatory arbitration in superior or district court, including but not limited to medical records, tax records, personnel records, insurance reports, employment and wage records, police reports, school records, bank records, and legal files;
(6) Statutory attorney and witness fees; and
(7) To the extent that the court or arbitrator finds that it was necessary to achieve the successful result, the reasonable expense of the transcription of depositions used at trial or at the mandatory arbitration hearing: PROVIDED, That the expenses of depositions shall be allowed on a pro rata basis for those portions of the depositions introduced into evidence or used for purposes of impeachment.
[ 2009 c 240 s 1; 2007 c 121 s 1; 1993 c 48 s 1; 1984 c 258 s 92; 1983 1st ex.s. c 45 s 7; Code 1881 s 505; 1877 p 108 s 509; 1869 p 123 s 459; 1854 p 201 s 367; RRS s 474.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Attorney fee in appeals from board of industrial insurance appeals: RCW 51.52.130, 51.52.132.
Process server fees: RCW 18.180.035.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Costs allowed to prevailing party—Defined—Compensation of attorneys.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 4.84.015

text:
(1) In any civil action for the recovery of money only, the plaintiff will be considered the prevailing party for the purpose of awarding costs, including a statutory attorney fee, if: (a) The defendant makes full or partial payment of the amounts sought by the plaintiff prior to the entry of judgment; and (b) before such payment is tendered, the plaintiff has notified the defendant in writing that the full or partial payment of the amounts sued for might result in an award of costs.
(2) For the purposes of this section, "plaintiff" includes a counterclaimant, cross-claimant, and third-party plaintiff, and "defendant" includes a party defending a counterclaim, cross-claim, or third-party claim.
(3) A party may demand, offer, or accept the payment of statutory costs before the entry of judgment in an action.
(4) This section may not be construed to (a) authorize an award of costs if the action is resolved by a negotiated settlement or (b) limit or bar the operation of cost-shifting provisions of other statutes or court rules.
[ 2009 c 240 s 2.]

catchline: Costs in civil actions for the recovery of money only—When plaintiff considered the prevailing party.


title: RCW 4.84.020

text:
In all cases of foreclosure of mortgages and in all other cases in which attorneys' fees are allowed, the amount thereof shall be fixed by the court at such sum as the court shall deem reasonable, any stipulations in the note, mortgage or other instrument to the contrary notwithstanding; but in no case shall said fee be fixed above contract price stated in said note or contract.
[ 1895 c 48 s 1; 1891 c 44 s 1; 1888 p 9 s 1; 1885 p 176 s 1; RRS s 475.]

catchline: Amount of contracted attorneys' fee to be fixed by court.


title: RCW 4.84.030

text:
In any action in the superior court of Washington the prevailing party shall be entitled to his or her costs and disbursements; but the plaintiff shall in no case be entitled to costs taxed as attorneys' fees in actions within the jurisdiction of the district court when commenced in the superior court.
[ 1987 c 202 s 121; 1890 p 337 s 1; 1883 p 42 s 1; Code 1881 ss 506, 507; 1854 p 201 ss 368, 369; RRS s 476.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Prevailing party to recover costs.


title: RCW 4.84.040

text:
In an action for an assault and battery, or for false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, if the plaintiff recover less than ten dollars, he or she shall be entitled to no more costs or disbursements than the damage recovered.
[ 2011 c 336 s 120; Code 1881 s 508; 1877 p 108 s 512; 1869 p 123 s 460; 1854 p 202 s 370; RRS s 477.]

catchline: Limitation on costs in certain actions.


title: RCW 4.84.050

text:
When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action against several parties, who might have been joined as defendants in the same action, no costs or disbursements shall be allowed to the plaintiff in more than one of such actions, which may be at his or her election, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within this state.
[ 2011 c 336 s 121; Code 1881 s 509; 1877 p 108 s 513; 1869 p 123 s 461; 1854 p 202 s 371; RRS s 478.]

catchline: Limited to one of several actions.


title: RCW 4.84.060

text:
In all cases where costs and disbursements are not allowed to the plaintiff, the defendant shall be entitled to have judgment in his or her favor for the same.
[ 2011 c 336 s 122; Code 1881 s 510; 1877 p 109 s 514; 1869 p 123 s 462; 1854 p 202 s 372; RRS s 479.]

catchline: Costs to defendant.


title: RCW 4.84.070

text:
In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such defendants as recover judgments in their favor, or either of them.
[Code 1881 s 511; 1877 p 109 s 515; 1869 p 124 s 463; 1854 p 202 s 373; RRS s 480.]

catchline: Costs to defendants defending separately.


title: RCW 4.84.080

text:
When allowed to either party, costs to be called the attorney fee, shall be as follows:
(1) In all actions where judgment is rendered, two hundred dollars.
(2) In all actions where judgment is rendered in the supreme court or the court of appeals, after argument, two hundred dollars.
[ 2004 c 123 s 1; 1985 c 240 s 1; 1981 c 331 s 3; 1975-'76 2nd ex.s. c 30 s 2; Code 1881 s 512; 1877 p 108 s 516; 1869 p 124 s 464; 1854 p 202 s 374; RRS s 481.]
Notes:
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Costs: RCW 4.84.190.
Transmission of record on change of venue—Costs, attorney's fees: RCW 4.12.090.

catchline: Schedule of attorneys' fees.


title: RCW 4.84.090

text:
The prevailing party, in addition to allowance for costs, as provided in RCW 4.84.080, shall also be allowed for all necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the necessary expenses of taking depositions, by commission or otherwise, and the compensation of referees. The court shall allow the prevailing party all service of process charges in case such process was served by a person or persons not an officer or officers. Such service charge shall be the same as is now allowed or shall in the future be allowed as fee and mileage to an officer. The disbursements shall be stated in detail and verified by affidavit, and shall be served on the opposite party or his or her attorney, and filed with the clerk of the court, within ten days after the judgment: PROVIDED, The clerk of the court shall keep a record of all witnesses in attendance upon any civil action, for whom fees are to be claimed, with the number of days in attendance and their mileage, and no fees or mileage for any witness shall be taxed in the cost bill unless they shall have reported their attendance at the close of each day's session to the clerk in attendance at such trial.
[ 2011 c 336 s 123; 1949 c 146 s 1; 1905 c 16 s 1; Code 1881 s 513; 1877 p 109 s 517; 1869 p 124 s 465; 1854 p 202 s 375; Rem. Supp. 1949 s 482.]
Notes:
Witness fees and mileage: Chapter 2.40 RCW.

catchline: Cost bill—Witnesses to report attendance.


title: RCW 4.84.100

text:
When an application shall be made to a court or referees to postpone a trial, the payment to the adverse party of a sum not exceeding ten dollars, besides the fees of witnesses, may be imposed as the condition of granting the postponement.
[Code 1881 s 515; 1877 p 109 s 519; 1854 p 203 s 377; RRS s 484.]

catchline: Costs on postponement of trial.


title: RCW 4.84.110

text:
When in an action for the recovery of money, the defendant alleges in his or her answer, that, before the commencement of the action, he or she tendered to the plaintiff the full amount to which he or she is entitled, in such money as by agreement ought to be tendered, and thereupon brings into court, for the plaintiff, the amount tendered, and the allegation be found true, the plaintiff shall not recover costs, but shall pay them to the defendant.
[ 2011 c 336 s 124; Code 1881 s 516; 1877 p 109 s 520; 1854 p 203 s 378; RRS s 485.]

catchline: Costs where tender is made.


title: RCW 4.84.120

text:
If the defendant in any action pending, shall at any time deposit with the clerk of the court, for the plaintiff, the amount which he or she admits to be due, together with all costs that have accrued, and notify the plaintiff thereof, and such plaintiff shall refuse to accept the same in discharge of the action, and shall not afterwards recover a larger amount than that deposited with the clerk, exclusive of interest and cost, he or she shall pay all costs that may accrue from the time such money was so deposited.
[ 2011 c 336 s 125; Code 1881 s 517; 1877 p 110 s 521; 1854 p 203 s 379; RRS s 486.]
Notes:
Conflicting claims, deposit in court, costs: RCW 4.08.170.

catchline: Costs where deposit in court is made and rejected.


title: RCW 4.84.130

text:
In all civil actions tried before the district court, in which an appeal shall be taken to the superior court, and the party appellant shall not recover a more favorable judgment in the superior court than before the district court, such appellant shall pay all costs.
[ 1987 c 202 s 122; Code 1881 s 518; 1877 p 110 s 522; 1854 p 203 s 380; RRS s 487.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
District court appeals: Chapter 12.36 RCW.

catchline: Costs in appeals from district courts.


title: RCW 4.84.140

text:
When costs are adjudged against an infant plaintiff, the guardian or person by whom he or she appeared in the action shall be responsible therefor, and payment may be enforced by execution.
[ 2011 c 336 s 126; Code 1881 s 519; 1877 p 110 s 523; 1854 p 203 s 381; RRS s 488.]

catchline: Costs against guardian of infant plaintiff.


title: RCW 4.84.150

text:
In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by or against a person prosecuting in his or her own right, but such costs shall be chargeable only upon or collected of the estate of the party represented, unless the court shall direct the same to be paid by the plaintiff or defendant personally, for mismanagement or bad faith in such action or defense.
[ 2011 c 336 s 127; Code 1881 s 520; 1877 p 110 s 524; 1854 p 203 s 382; RRS s 489.]
Notes:
Actions by and against personal representatives, etc.: Chapter 11.48 RCW.

catchline: Costs against fiduciaries.


title: RCW 4.84.160

text:
When the cause of action, after the commencement of the action, by assignment, or in any other manner, becomes the property of a person not a party thereto, and the prosecution or defense is thereafter continued, such person shall be liable for the costs in the same manner as if he or she were a party, and payment thereof may be enforced by execution.
[ 2011 c 336 s 128; Code 1881 s 521; 1877 p 110 s 525; 1869 p 125 s 473; 1854 p 203 s 383; RRS s 490.]

catchline: Costs against assignee.


title: RCW 4.84.170

text:
In all actions prosecuted in the name and for the use of the state, or in the name and for the use of any county, and in any action brought against the state or any county, and on all appeals to the supreme court or the court of appeals of the state in all actions brought by or against either the state or any county, the state or county shall be liable for costs in the same case and to the same extent as private parties.
[ 1971 c 81 s 22; 1959 c 62 s 1; Code 1881 s 522; 1877 p 110 s 526; 1854 p 203 s 384; RRS s 491.]

catchline: Costs against state or county.


title: RCW 4.84.185

text:
In any civil action, the court having jurisdiction may, upon written findings by the judge that the action, counterclaim, cross-claim, third party claim, or defense was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of attorneys, incurred in opposing such action, counterclaim, cross-claim, third party claim, or defense. This determination shall be made upon motion by the prevailing party after a voluntary or involuntary order of dismissal, order on summary judgment, final judgment after trial, or other final order terminating the action as to the prevailing party. The judge shall consider all evidence presented at the time of the motion to determine whether the position of the nonprevailing party was frivolous and advanced without reasonable cause. In no event may such motion be filed more than thirty days after entry of the order.
The provisions of this section apply unless otherwise specifically provided by statute.
[ 1991 c 70 s 1; 1987 c 212 s 201; 1983 c 127 s 1.]
Notes:
Administrative law, frivolous petitions for judicial review: RCW 34.05.598.

catchline: Prevailing party to receive expenses for opposing frivolous action or defense.


title: RCW 4.84.190

text:
In all actions and proceedings other than those mentioned in this chapter [and RCW 4.48.100], where no provision is made for the recovery of costs, they may be allowed or not, and if allowed may be apportioned between the parties, in the discretion of the court.
[Code 1881 s 525; 1877 p 111 s 529; 1854 p 204 s 387; RRS s 493.]
Notes:
Costs: RCW 4.84.080.

catchline: Costs in proceedings not specifically covered.


title: RCW 4.84.200

text:
Any party aggrieved by the taxation of costs by the clerk of the court may, upon application, have the same retaxed by the court in which the action or proceeding is had.
[Code 1881 s 526; 1877 p 111 s 530; 1854 p 204 s 388; RRS s 494.]

catchline: Retaxation of costs.


title: RCW 4.84.210

text:
When a plaintiff in an action, or in a garnishment or other proceeding, resides out of the county, or is a foreign corporation, or begins such action or proceeding as the assignee of some other person or of a firm or corporation, as to all causes of action sued upon, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant or garnishee defendant. When required, all proceedings in the action or proceeding shall be stayed until a bond, executed by two or more persons, or by a surety company authorized to do business in this state be filed with the clerk, conditioned that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action or proceeding, not exceeding the sum of two hundred dollars. A new or additional bond may be ordered by the court or judge, upon proof that the original bond is insufficient security, and proceedings in the action or proceeding stayed until such new or additional bond be executed and filed. The plaintiff may deposit with the clerk the sum of two hundred dollars in lieu of a bond.
[ 1929 c 103 s 1; Code 1881 s 527; 1877 p 111 s 531; 1854 p 204 s 389; RRS s 495.]

catchline: Security for costs.


title: RCW 4.84.220

text:
In lieu of separate security for each action or proceeding in any court, the plaintiff may cause to be executed and filed in the court a bond in the penal sum of two hundred dollars running to the state of Washington, with surety as in case of a separate bond, and conditioned for the payment of all judgments for costs which may thereafter be rendered against him or her in that court. Any defendant or garnishee who shall thereafter recover a judgment for costs in said court against the principal on such bond shall likewise be entitled to judgment against the sureties. Such bond shall not be sufficient unless the penalty thereof is unimpaired by any outstanding obligation at the time of the commencement of the action.
[ 2011 c 336 s 129; 1929 c 103 s 2; RRS s 495-1.]

catchline: Bond in lieu of separate security.


title: RCW 4.84.230

text:
After the lapse of ninety days from the service of notice that security is required or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.
[ 1933 c 14 s 1; RRS s 495-2.]

catchline: Dismissal for failure to give security.


title: RCW 4.84.240

text:
Whenever any bond or undertaking for the payment of any costs to any party shall be filed in any action or other legal proceeding in any court in this state and judgment should be rendered for any such costs against the principal on any such bonds or against the party primarily liable therefor in whose behalf any such bond or undertaking has been filed, such judgment for costs shall be rendered against the principal on such bond or the party primarily liable therefor and at the same time also against his or her surety or sureties on any or all such bonds or undertakings filed in any such action or other legal proceeding.
[ 2011 c 336 s 130; 1909 c 173 s 1; RRS s 496.]

catchline: Judgment on cost bond.


title: RCW 4.84.250

text:
Notwithstanding any other provisions of chapter 4.84 RCW and RCW 12.20.060, in any action for damages where the amount pleaded by the prevailing party as hereinafter defined, exclusive of costs, is seven thousand five hundred dollars or less, there shall be taxed and allowed to the prevailing party as a part of the costs of the action a reasonable amount to be fixed by the court as attorneys' fees. After July 1, 1985, the maximum amount of the pleading under this section shall be ten thousand dollars.
[ 1984 c 258 s 88; 1980 c 94 s 1; 1973 c 84 s 1.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1980 c 94: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1980." [ 1980 c 94 s 6.]

catchline: Attorneys' fees as costs in damage actions of ten thousand dollars or less—Allowed to prevailing party.


title: RCW 4.84.260

text:
The plaintiff, or party seeking relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250 when the recovery, exclusive of costs, is as much as or more than the amount offered in settlement by the plaintiff, or party seeking relief, as set forth in RCW 4.84.280.
[ 1973 c 84 s 2.]

catchline: Attorneys' fees as costs in damage actions of ten thousand dollars or less—When plaintiff deemed prevailing party.


title: RCW 4.84.270

text:
The defendant, or party resisting relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250, if the plaintiff, or party seeking relief in an action for damages where the amount pleaded, exclusive of costs, is equal to or less than the maximum allowed under RCW 4.84.250, recovers nothing, or if the recovery, exclusive of costs, is the same or less than the amount offered in settlement by the defendant, or the party resisting relief, as set forth in RCW 4.84.280.
[ 1980 c 94 s 2; 1973 c 84 s 3.]
Notes:
Effective date—1980 c 94: See note following RCW 4.84.250.

catchline: Attorneys' fees as costs in damage actions of ten thousand dollars or less—When defendant deemed prevailing party.


title: RCW 4.84.280

text:
Offers of settlement shall be served on the adverse party in the manner prescribed by applicable court rules at least ten days prior to trial. Offers of settlement shall not be served until thirty days after the completion of the service and filing of the summons and complaint. Offers of settlement shall not be filed or communicated to the trier of the fact until after judgment, at which time a copy of said offer of settlement shall be filed for the purposes of determining attorneys' fees as set forth in RCW 4.84.250.
[ 1983 c 282 s 1; 1980 c 94 s 3; 1973 c 84 s 4.]
Notes:
Effective date—1980 c 94: See note following RCW 4.84.250.

catchline: Attorneys' fees as costs in damage actions of ten thousand dollars or less—Offers of settlement in determining.


title: RCW 4.84.290

text:
If the case is appealed, the prevailing party on appeal shall be considered the prevailing party for the purpose of applying the provisions of RCW 4.84.250: PROVIDED, That if, on appeal, a retrial is ordered, the court ordering the retrial shall designate the prevailing party, if any, for the purpose of applying the provisions of RCW 4.84.250.
In addition, if the prevailing party on appeal would be entitled to attorneys' fees under the provisions of RCW 4.84.250, the court deciding the appeal shall allow to the prevailing party such additional amount as the court shall adjudge reasonable as attorneys' fees for the appeal.
[ 1973 c 84 s 5.]

catchline: Attorneys' fees as costs in damage actions of ten thousand dollars or less—Prevailing party on appeal.


title: RCW 4.84.300

text:
The provisions of RCW 4.84.250 through 4.84.290 shall apply regardless of whether the action is commenced in district court or superior court except as provided in RCW 4.84.280. This section shall not be construed as conferring jurisdiction on either court.
[ 1987 c 202 s 123; 1980 c 94 s 4; 1973 c 84 s 6.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 94: See note following RCW 4.84.250.

catchline: Attorneys' fees as costs in damage actions of ten thousand dollars or less—Application.


title: RCW 4.84.330

text:
In any action on a contract or lease entered into after September 21, 1977, where such contract or lease specifically provides that attorneys' fees and costs, which are incurred to enforce the provisions of such contract or lease, shall be awarded to one of the parties, the prevailing party, whether he or she is the party specified in the contract or lease or not, shall be entitled to reasonable attorneys' fees in addition to costs and necessary disbursements.
Attorneys' fees provided for by this section shall not be subject to waiver by the parties to any contract or lease which is entered into after September 21, 1977. Any provision in any such contract or lease which provides for a waiver of attorneys' fees is void.
As used in this section "prevailing party" means the party in whose favor final judgment is rendered.
[ 2011 c 336 s 131; 1977 ex.s. c 203 s 1.]

catchline: Actions on contract or lease which provides that attorneys' fees and costs incurred to enforce provisions be awarded to one of parties—Prevailing party entitled to attorneys' fees—Waiver prohibited.


title: RCW 4.84.340

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 4.84.340 through 4.84.360.
(1) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law.
(2) "Agency action" means agency action as defined by chapter 34.05 RCW.
(3) "Fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of a study, analysis, engineering report, test, or project that is found by the court to be necessary for the preparation of the party's case, and reasonable attorneys' fees. Reasonable attorneys' fees shall be based on the prevailing market rates for the kind and quality of services furnished, except that (a) no expert witness shall be compensated at a rate in excess of the highest rates of compensation for expert witnesses paid by the state of Washington, and (b) attorneys' fees shall not be awarded in excess of one hundred fifty dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.
(4) "Judicial review" means a judicial review as defined by chapter 34.05 RCW.
(5) "Qualified party" means (a) an individual whose net worth did not exceed one million dollars at the time the initial petition for judicial review was filed or (b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed five million dollars at the time the initial petition for judicial review was filed, except that an organization described in section 501(c)(3) of the federal internal revenue code of 1954 as exempt from taxation under section 501(a) of the code and a cooperative association as defined in section 15(a) of the agricultural marketing act (12 U.S.C. 1141J(a)), may be a party regardless of the net worth of such organization or cooperative association.
[ 1995 c 403 s 902.]
Notes:
Findings—1995 c 403: "The legislature finds that certain individuals, smaller partnerships, smaller corporations, and other organizations may be deterred from seeking review of or defending against an unreasonable agency action because of the expense involved in securing the vindication of their rights in administrative proceedings. The legislature further finds that because of the greater resources and expertise of the state of Washington, individuals, smaller partnerships, smaller corporations, and other organizations are often deterred from seeking review of or defending against state agency actions because of the costs for attorneys, expert witnesses, and other costs. The legislature therefore adopts this equal access to justice act to ensure that these parties have a greater opportunity to defend themselves from inappropriate state agency actions and to protect their rights." [ 1995 c 403 s 901.]
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Judicial review of agency action—Definitions.


title: RCW 4.84.350

text:
(1) Except as otherwise specifically provided by statute, a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an award unjust. A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.
(2) The amount awarded a qualified party under subsection (1) of this section shall not exceed twenty-five thousand dollars. Subsection (1) of this section shall not apply unless all parties challenging the agency action are qualified parties. If two or more qualified parties join in an action, the award in total shall not exceed twenty-five thousand dollars. The court, in its discretion, may reduce the amount to be awarded pursuant to subsection (1) of this section, or deny any award, to the extent that a qualified party during the course of the proceedings engaged in conduct that unduly or unreasonably protracted the final resolution of the matter in controversy.
[ 1995 c 403 s 903.]
Notes:
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Judicial review of agency action—Award of fees and expenses.


title: RCW 4.84.360

text:
Fees and other expenses awarded under RCW 4.84.340 and 4.84.350 shall be paid by the agency over which the party prevails from operating funds appropriated to the agency within sixty days. Agencies paying fees and other expenses pursuant to RCW 4.84.340 and 4.84.350 shall report all payments to the office of financial management within five days of paying the fees and other expenses. Fees and other expenses awarded by the court shall be subject to the provisions of chapter 39.76 RCW and shall be deemed payable on the date the court announces the award.
[ 1995 c 403 s 904.]
Notes:
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Judicial review of agency action—Payment of fees and expenses—Report to office of financial management.


title: RCW 4.84.370

text:
(1) Notwithstanding any other provisions of this chapter, reasonable attorneys' fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the court of appeals or the supreme court of a decision by a county, city, or town to issue, condition, or deny a development permit involving a site-specific rezone, zoning, plat, conditional use, variance, shoreline permit, building permit, site plan, or similar land use approval or decision. The court shall award and determine the amount of reasonable attorneys' fees and costs under this section if:
(a) The prevailing party on appeal was the prevailing or substantially prevailing party before the county, city, or town, or in a decision involving a substantial development permit under chapter 90.58 RCW, the prevailing party on appeal was the prevailing party or the substantially prevailing party before the shoreline[s] hearings board; and
(b) The prevailing party on appeal was the prevailing party or substantially prevailing party in all prior judicial proceedings.
(2) In addition to the prevailing party under subsection (1) of this section, the county, city, or town whose decision is on appeal is considered a prevailing party if its decision is upheld at superior court and on appeal.
[ 1995 c 347 s 718.]
Notes:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.

catchline: Appeal of land use decisions—Fees and costs.


title: RCW 4.88.330

text:
When a party has been judicially determined to have a constitutional right to obtain a review and to be unable by reason of poverty to procure counsel to perfect the review all costs necessarily incident to the proper consideration of the review including preparation of the record, reasonable fees for court appointed counsel to be determined by the supreme court, and actual travel expenses of counsel for appearance in the supreme court or court of appeals, shall be paid by the state. Upon satisfaction of requirements established by supreme court rules and submission of appropriate vouchers to the clerk of the supreme court, payment shall be made from funds specifically appropriated by the legislature for that purpose.
[ 1975 1st ex.s. c 261 s 2. Prior: 1972 ex.s. c 111 s 2; 1970 ex.s. c 31 s 2; 1965 c 133 s 2. Formerly RCW 10.01.112.]
Notes:
Severability—1965 c 133: See note following RCW 2.32.240.
Transcript of testimony—Fee—Forma pauperis: RCW 2.32.240.

catchline: Indigent party—State payment of review costs.


title: RCW 4.92.005

text:
For the purposes of RCW 4.92.060, 4.92.070, 4.92.130, * 4.92.140, and 4.92.150, volunteer is defined in RCW 51.12.035.
[ 1985 c 217 s 6.]
Notes:
*Reviser's note: RCW 4.92.140 was repealed by 1989 c 419 s 18, effective July 1, 1989.

catchline: "Volunteer"—Definition.


title: RCW 4.92.006

text:
As used in this chapter:
(1) "Department" means the department of enterprise services.
(2) "Director" means the director of enterprise services.
(3) "Office of risk management" means the office within the department of enterprise services that carries out the powers and duties under this chapter relating to claim filing, claims administration, and claims payment.
(4) "Risk manager" means the person supervising the office of risk management.
[ 2011 1st sp.s. c 43 s 511; 2002 c 332 s 10; 1989 c 419 s 2.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—1989 c 419: "In recent years the state of Washington has experienced significant increases in public liability claims. It is the intent of the legislature to reduce tort claim costs by restructuring Washington state's risk management program to place more accountability in state agencies, to establish an actuarially sound funding mechanism for paying legitimate claims, when they occur, and to establish an effective safety and loss control program." [ 1989 c 419 s 1.]
Effective date—1989 c 419: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989." [ 1989 c 419 s 19.]

catchline: Definitions.


title: RCW 4.92.010

text:
Any person or corporation having any claim against the state of Washington shall have a right of action against the state in the superior court.
The venue for such actions shall be as follows:
(1) The county of the residence or principal place of business of one or more of the plaintiffs;
(2) The county where the cause of action arose;
(3) The county in which the real property that is the subject of the action is situated;
(4) The county where the action may be properly commenced by reason of the joinder of an additional defendant; or
(5) Thurston county.
Actions shall be subject to change of venue in accordance with statute, rules of court, and the common law as the same now exist or may hereafter be amended, adopted, or altered.
Actions shall be tried in the county in which they have been commenced in the absence of a seasonable motion by or in behalf of the state to change the venue of the action.
[ 1986 c 126 s 1; 1973 c 44 s 1; 1963 c 159 s 1; 1927 c 216 s 1; 1895 c 95 s 1; RRS s 886.]
Notes:
Severability—1963 c 159: "If any provision of this act, or its application to any persons or circumstances is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1963 c 159 s 12.]
Venue: Chapter 4.12 RCW.

catchline: Where brought—Change of venue.


title: RCW 4.92.020

text:
Service of summons and complaint in such actions shall be served in the manner prescribed by law upon the attorney general, or by leaving the summons and complaint in the office of the attorney general with an assistant attorney general.
[ 1986 c 126 s 2; 1927 c 216 s 2; 1895 c 95 s 2; RRS s 887.]

catchline: Service of summons and complaint.


title: RCW 4.92.030

text:
The attorney general or an assistant attorney general shall appear and act as counsel for the state. The action shall proceed in all respects as other actions. Appellate review may be sought as in other actions or proceedings, but in case review is sought by the state, no bond shall be required of the appellant.
[ 1988 c 202 s 3; 1986 c 126 s 3; 1971 c 81 s 24; 1895 c 95 s 3; RRS s 888.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Duties of attorney general—Procedure.


title: RCW 4.92.040

text:
(1) No execution shall issue against the state on any judgment.
(2) Whenever a final judgment against the state is obtained in an action on a claim arising out of tortious conduct, the claim shall be paid from the liability account.
(3) Whenever a final judgment against the state shall have been obtained in any other action, the clerk of the court shall make and furnish to the office of risk management a duly certified copy of such judgment; the office of risk management shall thereupon audit the amount of damages and costs therein awarded, and the same shall be paid from appropriations specifically provided for such purposes by law.
(4) Final judgments for which there are no provisions in state law for payment shall be transmitted by the office of risk management to the senate and house of representatives committees on ways and means as follows:
(a) On the first day of each session of the legislature, the office of risk management shall transmit judgments received and audited since the adjournment of the previous session of the legislature.
(b) During each session of legislature, the office of risk management shall transmit judgments immediately upon completion of audit.
(5) All claims, other than judgments, made to the legislature against the state of Washington for money or property, shall be accompanied by a statement of the facts on which such claim is based and such evidence as the claimant intends to offer in support of the claim and shall be filed with the office of risk management, which shall retain the same as a record. All claims of two thousand dollars or less shall be approved or rejected by the office of risk management, and if approved shall be paid from appropriations specifically provided for such purpose by law. Such decision, if adverse to the claimant in whole or part, shall not preclude the claimant from seeking relief from the legislature. If the claimant accepts any part of his or her claim which is approved for payment by the office of risk management, such acceptance shall constitute a waiver and release of the state from any further claims relating to the damage or injury asserted in the claim so accepted. The office of risk management shall submit to the house and senate committees on ways and means, at the beginning of each regular session, a comprehensive list of all claims paid pursuant to this subsection during the preceding year. For all claims not approved by the office of risk management, the office of risk management shall recommend to the legislature whether such claims should be approved or rejected. Recommendations shall be submitted to the senate and house of representatives committees on ways and means not later than the thirtieth day of each regular session of the legislature. Claims which cannot be processed for timely submission of recommendations shall be held for submission during the following regular session of the legislature. The recommendations shall include, but not be limited to:
(a) A summary of the facts alleged in the claim, and a statement as to whether these facts can be verified by the office of risk management;
(b) An estimate by the office of risk management of the value of the loss or damage which was alleged to have occurred;
(c) An analysis of the legal liability, if any, of the state for the alleged loss or damage; and
(d) A summary of equitable or public policy arguments which might be helpful in resolving the claim.
(6) The legislative committees to whom such claims are referred shall make a transcript, recording, or statement of the substance of the evidence given in support of such a claim. If the legislature approves a claim the same shall be paid from appropriations specifically provided for such purpose by law.
(7) Subsections (3) through (6) of this section do not apply to judgments or claims against the state housing finance commission created under chapter 43.180 RCW.
[ 2011 1st sp.s. c 43 s 512; 2002 c 332 s 11; 1999 c 163 s 3; 1986 c 126 s 4; 1983 c 161 s 28; 1979 ex.s. c 167 s 1; 1979 c 151 s 2; 1977 ex.s. c 144 s 1; 1963 c 159 s 6; 1895 c 95 s 4; RRS s 889.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1999 c 163: See note following RCW 4.92.130.
Effective dates—1983 c 161: See RCW 43.180.904.

catchline: Judgments—Claims to legislature against state—Payment procedure—Inapplicability to judgments and claims against housing finance commission.


title: RCW 4.92.050

text:
All provisions of law relating to the limitations of personal actions shall apply to claims against the state, but the computation of time thereunder shall not begin until RCW 4.92.010 through 4.92.050 shall have become a law.
[ 1895 c 95 s 5; RRS s 890.]

catchline: Limitations.


title: RCW 4.92.060

text:
Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or, in the case of a foster parent, arising from the good faith provision of foster care services, such officer, employee, volunteer, or foster parent may request the attorney general to authorize the defense of said action or proceeding at the expense of the state.
[ 1989 c 403 s 2; 1986 c 126 s 5; 1985 c 217 s 1; 1975 1st ex.s. c 126 s 1; 1975 c 40 s 1; 1921 c 79 s 1; RRS s 890-1.]
Notes:
Findings—1989 c 403: "The legislature finds and declares that foster parents are a valuable resource providing an important service to the citizens of Washington. The legislature further recognizes that the current insurance crisis has adversely affected some foster family homes in several ways: (1) In some locales, foster parents are unable to obtain liability insurance coverage over and above homeowner's or tenant's coverage for actions filed against them by the foster child or the child's parents or legal guardian. In addition, the monthly payment made to foster family homes is not sufficient to cover the cost of obtaining this extended coverage and there is no mechanism in place by which foster parents can recapture this cost; (2) foster parents' personal resources are at risk. Therefore, the legislature is providing relief to address these problems." [ 1989 c 403 s 1.]

catchline: Action against state officers, employees, volunteers, or foster parents—Request for defense.


title: RCW 4.92.070

text:
If the attorney general shall find that said officer, employee, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provision of foster care services, said request shall be granted, in which event the necessary expenses of the defense of said action or proceeding relating to a state officer, employee, or volunteer shall be paid as provided in RCW 4.92.130. In the case of a foster parent, necessary expenses of the defense shall be paid from the appropriations made for the support of the department to which such foster parent is attached. In such cases the attorney general shall appear and defend such officer, employee, volunteer, or foster parent, who shall assist and cooperate in the defense of such suit. However, the attorney general may not represent or provide private representation for a foster parent in an action or proceeding brought by the department of social and health services against that foster parent.
[ 1999 c 163 s 5; 1989 c 403 s 3; 1986 c 126 s 6; 1985 c 217 s 2; 1975 1st ex.s. c 126 s 2; 1975 c 40 s 2; 1921 c 79 s 2; RRS s 890-2.]
Notes:
Effective date—1999 c 163: See note following RCW 4.92.130.
Findings—1989 c 403: See note following RCW 4.92.060.

catchline: Actions against state officers, employees, volunteers, or foster parents—Defense by attorney general—Legal expenses.


title: RCW 4.92.075

text:
When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer pursuant to chapter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor shall seek satisfaction only from the state, and the judgment shall not become a lien upon any property of such officer, employee, or volunteer.
[ 1989 c 413 s 2.]

catchline: Action against state officers, employees, or volunteers—Judgment satisfied by state.


title: RCW 4.92.080

text:
No bond shall be required of the state of Washington for any purpose in any case in any of the courts of the state of Washington and the state of Washington shall be, on proper showing, entitled to any orders, injunctions and writs of whatever nature without bond notwithstanding the provisions of any existing statute requiring that bonds be furnished by private parties.
[ 1935 c 122 s 1; RRS s 390-3.]

catchline: Bond not required of state.


title: RCW 4.92.090

text:
The state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.
[ 1963 c 159 s 2; 1961 c 136 s 1.]

catchline: Tortious conduct of state—Liability for damages.


title: RCW 4.92.100

text:
(1) All claims against the state, or against the state's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct, must be presented to the office of risk management. A claim is deemed presented when the claim form is delivered in person or by regular mail, registered mail, or certified mail, with return receipt requested, or as an attachment to email or by fax, to the office of risk management. For claims for damages presented after July 26, 2009, all claims for damages must be presented on the standard tort claim form that is maintained by the office of risk management. The standard tort claim form must be posted on the department of enterprise services' website.
(a) The standard tort claim form must, at a minimum, require the following information:
(i) The claimant's name, date of birth, and contact information;
(ii) A description of the conduct and the circumstances that brought about the injury or damage;
(iii) A description of the injury or damage;
(iv) A statement of the time and place that the injury or damage occurred;
(v) A listing of the names of all persons involved and contact information, if known;
(vi) A statement of the amount of damages claimed; and
(vii) A statement of the actual residence of the claimant at the time of presenting the claim and at the time the claim arose.
(b)(i) The standard tort claim form must be signed either:
(A) By the claimant, verifying the claim;
(B) Pursuant to a written power of attorney, by the attorney-in-fact for the claimant;
(C) By an attorney admitted to practice in Washington state on the claimant's behalf; or
(D) By a court-approved guardian or guardian ad litem on behalf of the claimant.
(ii) For the purpose of this subsection (1)(b), when the claim form is presented electronically it must bear an electronic signature in lieu of a written original signature.
(iii) When an electronic signature is used and the claim is submitted as an attachment to email, the conveyance of that claim must include the date, time the claim was presented, and the internet provider's address from which it was sent. The attached claim form must be a format approved by the office of risk management.
(iv) When an electronic signature is used and the claim is submitted via a facsimile machine, the conveyance must include the date, time the claim was submitted, and the fax number from which it was sent.
(v) In the event of a question on an electronic signature, the claimant shall have an opportunity to cure and the cured notice shall relate back to the date of the original filing.
(c) The amount of damages stated on the claim form is not admissible at trial.
(2) The state shall make available the standard tort claim form described in this section with instructions on how the form is to be presented and the name, address, and business hours of the office of risk management. The standard tort claim form must not list the claimant's social security number and must not require information not specified under this section. The claim form and the instructions for completing the claim form must provide the United States mail, physical, and electronic addresses and numbers where the claim can be presented.
(3) With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.
[ 2020 c 57 s 21; 2013 c 188 s 1; 2012 c 250 s 1; 2009 c 433 s 2; 2006 c 82 s 1; 2002 c 332 s 12; 1986 c 126 s 7; 1979 c 151 s 3; 1977 ex.s. c 144 s 2; 1967 c 164 s 2; 1963 c 159 s 3.]
Notes:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Puget Sound ferry and toll bridge system, claims against: RCW 47.60.250.

catchline: Tortious conduct of state or its agents—Claims—Presentment and filing—Contents.


title: RCW 4.92.110

text:
No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk management in the department of enterprise services. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.
[ 2015 c 225 s 5; 2009 c 433 s 3; 2006 c 82 s 2; 2002 c 332 s 13; 1989 c 419 s 14; 1986 c 126 s 8; 1979 c 151 s 4; 1977 ex.s. c 144 s 3; 1963 c 159 s 4.]
Notes:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit.


title: RCW 4.92.120

text:
Claims against the state arising out of tortious conduct may be assigned voluntarily, involuntarily, and by operation of law to the same extent as like claims against private persons may be so assigned.
[ 1963 c 159 s 5.]

catchline: Tortious conduct of state—Assignment of claims.


title: RCW 4.92.130

text:
A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its officers, employees, and volunteers and all related legal defense costs.
(1) The purpose of the liability account is to: (a) Expeditiously pay legal liabilities and defense costs of the state resulting from tortious conduct; (b) promote risk control through a cost allocation system which recognizes agency loss experience, levels of self-retention, and levels of risk exposure; and (c) establish an actuarially sound system to pay incurred losses, within defined limits.
(2) The liability account shall be used to pay claims for injury and property damages and legal defense costs exclusive of agency-retained expenses otherwise budgeted.
(3) No money shall be paid from the liability account, except for defense costs, unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted and unless:
(a) The claim shall have been reduced to final judgment in a court of competent jurisdiction; or
(b) The claim has been approved for payment.
(4) The liability account shall be financed through annual premiums assessed to state agencies, based on sound actuarial principles, and shall be for liability coverage in excess of agency-budgeted self-retention levels.
(5) Annual premium levels shall be determined by the risk manager. An actuarial study shall be conducted to assist in determining the appropriate level of funding.
(6) Disbursements for claims from the liability account shall be made to the claimant, or to the clerk of the court for judgments, upon written request to the state treasurer from the risk manager.
(7) The director may direct agencies to transfer moneys from other funds and accounts to the liability account if premiums are delinquent.
(8) The liability account shall not exceed fifty percent of the actuarial value of the outstanding liability as determined annually by the office of risk management. If the account exceeds the maximum amount specified in this section, premiums may be adjusted by the office of risk management in order to maintain the account balance at the maximum limits. If, after adjustment of premiums, the account balance remains above the limits specified, the excess amount shall be prorated back to the appropriate funds.
[ 2011 1st sp.s. c 43 s 513; 2009 c 560 s 15; 2002 c 332 s 14; 1999 c 163 s 1; 1991 sp.s. c 13 s 92; 1989 c 419 s 4; 1985 c 217 s 3; 1975 1st ex.s. c 126 s 3; 1969 c 140 s 1; 1963 c 159 s 7.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—Disposition of property and funds—Assignment/delegation of contractual rights or duties—2009 c 560: See notes following RCW 18.06.080.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Transfer of funds—Fund abolished—1999 c 163: "Moneys in the tort claims revolving fund shall be deposited in the liability account on July 1, 1999, to be used for payment of settlements, judgments, and legal defense costs as provided in RCW 4.92.130." [ 1999 c 163 s 2.]
Effective date—1999 c 163: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [ 1999 c 163 s 10.]
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Transfer of funds—Fund abolished—1989 c 419: "Moneys in the tort claims revolving fund shall be deposited in the liability account to be used for payment of liabilities incurred before July 1, 1989. The tort claim revolving fund is abolished." [ 1989 c 419 s 13.]
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
Severability—1969 c 140: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 c 140 s 5.]
Actions against regents, trustees, etc., of institutions of higher education or educational boards, payments of obligations from liability account: RCW 28B.10.842.
Department of enterprise services to conduct actuarial studies: RCW 43.19.778.

catchline: Tortious conduct of state—Liability account—Purpose.


title: RCW 4.92.150

text:
After commencement of an action in a court of competent jurisdiction upon a claim against the state, or any of its officers, employees, or volunteers arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq., or against a foster parent that the attorney general is defending pursuant to RCW 4.92.070, or upon petition by the state, the attorney general, with the prior approval of the office of risk management and with the approval of the court, following such testimony as the court may require, may compromise and settle the same and stipulate for judgment against the state, the affected officer, employee, volunteer, or foster parent.
[ 2011 1st sp.s. c 43 s 514; 2002 c 332 s 15; 1989 c 403 s 4. Prior: 1985 c 217 s 5; 1985 c 188 s 9; 1979 ex.s. c 144 s 2; 1975 1st ex.s. c 126 s 5; 1963 c 159 s 9.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Findings—1989 c 403: See note following RCW 4.92.060.

catchline: Compromise and settlement of claims by attorney general.


title: RCW 4.92.160

text:
Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the office of risk management, and that office shall authorize and direct the payment of moneys only from the liability account whenever:
(1) The head or governing body of any agency or department of state or the designee of any such agency certifies to the office of risk management that a claim has been settled; or
(2) The clerk of court has made and forwarded a certified copy of a final judgment in a court of competent jurisdiction and the attorney general certifies that the judgment is final and was entered in an action on a claim arising out of tortious conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq. Payment of a judgment shall be made to the clerk of the court for the benefit of the judgment creditors. Upon receipt of payment, the clerk shall satisfy the judgment against the state.
[ 2011 1st sp.s. c 43 s 515; 2002 c 332 s 16; 1999 c 163 s 4; 1991 c 187 s 3; 1986 c 126 s 9; 1979 ex.s. c 144 s 3; 1979 c 151 s 5; 1975 1st ex.s. c 126 s 6; 1969 c 140 s 2; 1963 c 159 s 10.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1999 c 163: See note following RCW 4.92.130.
Intent—1991 c 187: "It is the intent of the legislature that the tort claims revolving fund created under section 1 of this act have [has] the same purpose, use, and application as the tort claims revolving fund abolished effective July 1, 1989, by the legislature in chapter 419, Laws of 1989." [ 1991 c 187 s 2.]
Severability—1969 c 140: See note following RCW 4.92.130.
Duty of clerk to forward copy of judgment: RCW 4.92.040.

catchline: Payment of claims and judgments.


title: RCW 4.92.175

text:
(1) The state of Washington is not liable for tortious conduct by Washington state patrol officers that occurs while such officers are engaged in private law enforcement off-duty employment.
(2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be dismissed.
(3) Washington state patrol officers engaged in private law enforcement off-duty employment shall notify, in writing, prior to such employment, anyone who employs Washington state patrol officers in private off-duty employment of the specific provisions of subsections (1) and (2) of this section.
[ 1997 c 375 s 2.]

catchline: Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer.


title: RCW 4.92.180

text:
(1) The state and local governments are not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the state or local government if, at the time the injuries were inflicted, the third-party occupant was:
(a) Riding in or on the vehicle with a state or local government employee who had explicitly acknowledged in writing the employer's policy on use of vehicles owned, leased, or rented by the state or local government; and
(b) Not specifically and expressly authorized by the state or local government to be an occupant of the vehicle.
(2) For purposes of this section, "third-party occupant" means a person who occupies a vehicle owned, leased, or rented by the state or local government and who is not an officer, employee, or agent of the state or local government. "Local government" includes any city, county, or other subdivision of the state and any municipal corporation, quasi-municipal corporation, or special district within the state.
[ 2011 c 82 s 2.]
Notes:
Intent—2011 c 82: "The legislature intends to overrule the state supreme court's holding in Rahman v. State, No. 83428-8 (January 20, 2011), by modifying the application of the common law doctrine of respondeat superior." [ 2011 c 82 s 1.]
Application—2011 c 82: "This act applies to all causes of action accruing on or after July 22, 2011." [ 2011 c 82 s 4.]

catchline: State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.


title: RCW 4.92.200

text:
No action shall be commenced against the state on account of any state warrant appearing to have been redeemed unless a claim has been presented and filed with the state treasurer within six years of the date of issuance of such warrant. The requirements of this section shall not extend or modify the period of limitations otherwise applicable within which an action must be commenced, but such period shall begin and shall continue to run as if no claim were required.
[ 1975 c 48 s 1.]
Notes:
State warrants: RCW 43.08.061 through 43.08.080.

catchline: Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation.


title: RCW 4.92.210

text:
(1) All liability claims arising out of tortious conduct or under 42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the office of risk management.
(2) A centralized claim tracking system shall be maintained to provide agencies with accurate and timely data on the status of liability claims. Information in this claim file, other than the claim itself, shall be privileged and confidential.
(3) Standardized procedures shall be established for filing, reporting, processing, and adjusting claims, which includes the use of qualified claims management personnel.
(4) All claims shall be reviewed by the office of risk management to determine an initial valuation, to delegate to the appropriate office to investigate, negotiate, compromise, and settle the claim, or to retain that responsibility on behalf of and with the assistance of the affected state agency.
(5) All claims that result in a lawsuit shall be forwarded to the attorney general's office. Thereafter the attorney general and the office of risk management shall collaborate in the investigation, denial, or settlement of the claim.
(6) Reserves shall be established for recognizing financial liability and monitoring effectiveness. The valuation of specific claims against the state shall be privileged and confidential.
(7) All settlements shall be approved by the responsible agencies, or their designees, prior to settlement.
[ 2011 1st sp.s. c 43 s 516; 2002 c 332 s 17; 1989 c 419 s 3.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Risk management—Review of claims—Settlements.


title: RCW 4.92.220

text:
(1) The risk management administration account is created in the custody of the state treasurer. All receipts from appropriations and assessments shall be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) The risk management administration account is to be used for the payment of costs related to:
(a) The appropriated administration of liability, property, and vehicle claims, including investigation, claim processing, negotiation, and settlement, and other expenses relating to settlements and judgments against the state not otherwise budgeted;
(b) The nonappropriated pass-through cost associated with the purchase of liability and property insurance, including catastrophic insurance, subject to policy conditions and limitations determined by the risk manager; and
(c) The administration of the prescribed fire claims fund pilot program under RCW 76.04.196.
(3) The risk management administration account's appropriation for risk management shall be financed through a combination of direct appropriations and assessments to state agencies.
[ 2025 c 93 s 3; 2002 c 332 s 18; 1998 c 105 s 2; 1995 c 137 s 1; 1991 sp.s. c 13 s 91; 1989 c 419 s 5.]
Notes:
Expiration date—2025 c 93 s 3: "Section 3 of this act expires June 30, 2033." [ 2025 c 93 s 5.]
Findings—Intent—Effective date—2025 c 93: See notes following RCW 76.04.196.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
PDF
RCW 4.92.220
Risk management administration account. (Effective June 30, 2033.)
(1) The risk management administration account is created in the custody of the state treasurer. All receipts from appropriations and assessments shall be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) The risk management administration account is to be used for the payment of costs related to:
(a) The appropriated administration of liability, property, and vehicle claims, including investigation, claim processing, negotiation, and settlement, and other expenses relating to settlements and judgments against the state not otherwise budgeted; and
(b) The nonappropriated pass-through cost associated with the purchase of liability and property insurance, including catastrophic insurance, subject to policy conditions and limitations determined by the risk manager.
(3) The risk management administration account's appropriation for risk management shall be financed through a combination of direct appropriations and assessments to state agencies.
[ 2002 c 332 s 18; 1998 c 105 s 2; 1995 c 137 s 1; 1991 sp.s. c 13 s 91; 1989 c 419 s 5.]
Notes:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Risk management administration account. (Effective until June 30, 2033.)


title: RCW 4.92.240

text:
The director has the power to adopt rules necessary to carry out the intent of this chapter.
[ 2002 c 332 s 20; 1989 c 419 s 8.]
Notes:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Rules.


title: RCW 4.92.250

text:
The risk manager may delegate to a state agency the authority to carry out any powers or duties of the risk manager under this chapter related to claims administration and purchase of insurance for the purpose of protecting any classes of officers, employees, or for other persons performing services for the state. Such delegation shall be made only upon a determination by the risk manager that another agency has sufficient resources to carry out the functions delegated.
[ 1989 c 419 s 9.]
Notes:
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Risk management—Risk manager may delegate powers and duties.


title: RCW 4.92.260

text:
Nothing in this chapter shall be construed as amending, repealing, or otherwise affecting RCW 28B.20.250 through 28B.20.255.
[ 1989 c 419 s 10.]
Notes:
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Construction.


title: RCW 4.92.270

text:
The risk manager shall develop procedures for standard indemnification agreements for state agencies to use whenever the agency agrees to indemnify, or be indemnified by, any person or party. The risk manager shall also develop guidelines for the use of indemnification agreements by state agencies. On request of the risk manager, an agency shall forward to the office of risk management for review and approval any contract or agreement containing an indemnification agreement.
[ 2011 1st sp.s. c 43 s 517; 2002 c 332 s 21; 1989 c 419 s 15.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Risk management—Standard indemnification agreements.


title: RCW 4.92.280

text:
If chapter 217, Laws of 1998 mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the department of enterprise services.
[ 2011 1st sp.s. c 43 s 518; 1998 c 217 s 4.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Local government reimbursement claims.


title: RCW 4.92.290

text:
(1) The state is not liable for tortious conduct by department of fish and wildlife officers that occurs while such officers are engaged in private law enforcement off-duty employment.
(2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be dismissed.
(3) Department of fish and wildlife officers engaged in private law enforcement off-duty employment shall notify, in writing, prior to such employment, anyone who employs department of fish and wildlife officers in private off-duty employment of the specific provisions of subsections (1) and (2) of this section.
[ 2023 c 250 s 2.]

catchline: Tortious conduct by department of fish and wildlife officers engaged in private law enforcement off-duty employment—No state liability.


title: RCW 4.96.010

text:
(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.
(2) Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030, or public hospital.
(3) For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.
[ 2011 c 258 s 10; 2001 c 119 s 1; 1993 c 449 s 2; 1967 c 164 s 1.]
Notes:
Short title—Purpose—Intent—2011 c 258: See RCW 39.106.010.
Purpose—1993 c 449: "This act is designed to provide a single, uniform procedure for bringing a claim for damages against a local governmental entity. The existing procedures, contained in chapter 36.45 RCW, counties, chapter 35.31 RCW, cities and towns, chapter 35A.31 RCW, optional municipal code, and chapter 4.96 RCW, other political subdivisions, municipal corporations, and quasi-municipal corporations, are revised and consolidated into chapter 4.96 RCW." [ 1993 c 449 s 1.]
Severability—1993 c 449: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 449 s 15.]
Purpose—1967 c 164: "It is the purpose of this act to extend the doctrine established in chapter 136, Laws of 1961, as amended, to all political subdivisions, municipal corporations and quasi municipal corporations of the state." [ 1967 c 164 s 17.]
Severability—1967 c 164: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 164 s 18.]

catchline: Tortious conduct of local governmental entities—Liability for damages.


title: RCW 4.96.020

text:
(1) The provisions of this section apply to claims for damages against all local governmental entities and their officers, employees, or volunteers, acting in such capacity.
(2) The governing body of each local governmental entity shall appoint an agent to receive any claim for damages made under this chapter. The identity of the agent and the address where he or she may be reached during the normal business hours of the local governmental entity are public records and shall be recorded with the auditor of the county in which the entity is located. All claims for damages against a local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, shall be presented to the agent within the applicable period of limitations within which an action must be commenced. A claim is deemed presented when the claim form is delivered in person or is received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent's office. The failure of a local governmental entity to comply with the requirements of this section precludes that local governmental entity from raising a defense under this chapter.
(3) For claims for damages presented after July 26, 2009, all claims for damages must be presented on the standard tort claim form that is maintained by the office of risk management in the department of enterprise services, except as allowed under (c) of this subsection. The standard tort claim form must be posted on the department of enterprise services' website.
(a) The standard tort claim form must, at a minimum, require the following information:
(i) The claimant's name, date of birth, and contact information;
(ii) A description of the conduct and the circumstances that brought about the injury or damage;
(iii) A description of the injury or damage;
(iv) A statement of the time and place that the injury or damage occurred;
(v) A listing of the names of all persons involved and contact information, if known;
(vi) A statement of the amount of damages claimed; and
(vii) A statement of the actual residence of the claimant at the time of presenting the claim and at the time the claim arose.
(b) The standard tort claim form must be signed either:
(i) By the claimant, verifying the claim;
(ii) Pursuant to a written power of attorney, by the attorney-in-fact for the claimant;
(iii) By an attorney admitted to practice in Washington state on the claimant's behalf; or
(iv) By a court-approved guardian or guardian ad litem on behalf of the claimant.
(c) Local governmental entities shall make available the standard tort claim form described in this section with instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity. If a local governmental entity chooses to also make available its own tort claim form in lieu of the standard tort claim form, the form:
(i) May require additional information beyond what is specified under this section, but the local governmental entity may not deny a claim because of the claimant's failure to provide that additional information;
(ii) Must not require the claimant's social security number; and
(iii) Must include instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim.
(d) If any claim form provided by the local governmental entity fails to require the information specified in this section, or incorrectly lists the agent with whom the claim is to be filed, the local governmental entity is deemed to have waived any defense related to the failure to provide that specific information or to present the claim to the proper designated agent.
(e) Presenting either the standard tort claim form or the local government tort claim form satisfies the requirements of this chapter.
(f) The amount of damages stated on the claim form is not admissible at trial.
(4) No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.
(5) With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.
[ 2015 c 225 s 6; 2012 c 250 s 2; 2009 c 433 s 1; 2006 c 82 s 3; 2001 c 119 s 2; 1993 c 449 s 3; 1967 c 164 s 4.]
Notes:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.

catchline: Tortious conduct of local governmental entities and their agents—Claims—Presentment and filing—Contents.


title: RCW 4.96.041

text:
(1) Whenever an action or proceeding for damages is brought against any past or present officer, employee, or volunteer of a local governmental entity of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties, such officer, employee, or volunteer may request the local governmental entity to authorize the defense of the action or proceeding at the expense of the local governmental entity.
(2) If the legislative authority of the local governmental entity, or the local governmental entity using a procedure created by ordinance or resolution, finds that the acts or omissions of the officer, employee, or volunteer were, or in good faith purported to be, within the scope of his or her official duties, the request shall be granted. If the request is granted, the necessary expenses of defending the action or proceeding shall be paid by the local governmental entity. Any monetary judgment against the officer, employee, or volunteer shall be paid on approval of the legislative authority of the local governmental entity or by a procedure for approval created by ordinance or resolution.
(3) The necessary expenses of defending an elective officer of the local governmental entity in a judicial hearing to determine the sufficiency of a recall charge as provided in *RCW 29.82.023 shall be paid by the local governmental entity if the officer requests such defense and approval is granted by both the legislative authority of the local governmental entity and the attorney representing the local governmental entity. The expenses paid by the local governmental entity may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.
(4) When an officer, employee, or volunteer of the local governmental entity has been represented at the expense of the local governmental entity under subsection (1) of this section and the court hearing the action has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer under chapter 4.96 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor shall seek satisfaction for nonpunitive damages only from the local governmental entity, and judgment for nonpunitive damages shall not become a lien upon any property of such officer, employee, or volunteer. The legislative authority of a local governmental entity may, pursuant to a procedure created by ordinance or resolution, agree to pay an award for punitive damages.
[ 1993 c 449 s 4; 1989 c 250 s 1; 1979 ex.s. c 72 s 1. Formerly RCW 36.16.134.]
Notes:
*Reviser's note: RCW 29.82.023 was recodified as RCW 29A.56.140 pursuant to 2003 c 111 s 2401, effective July 1, 2004.
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.

catchline: Action or proceeding against officer, employee, or volunteer of local governmental entity—Payment of damages and expenses of defense.


title: RCW 4.96.050

text:
No bond is required of any local governmental entity for any purpose in any case in any of the courts of the state of Washington and all local governmental entities shall be, on proper showing, entitled to any orders, injunctions, and writs of whatever nature without bond, notwithstanding the provisions of any existing statute requiring that bonds be furnished by private parties.
[ 1993 c 449 s 5.]
Notes:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.

catchline: Bond not required.


title: RCW 40.04.031

text:
The statute law committee, after each legislative session, shall distribute, sell, or exchange session laws as required under this section.
(1) The statute law committee, in its discretion, may provide for provision of free copies in digital or print format of the session laws to selected federal, state, and local agencies. Special consideration shall be given to correctional institutions where internet access is not allowed and to public libraries and other public agencies where internet access is limited or not available.
(2) Surplus paper sets of the session laws shall be sold and delivered by the statute law committee, in which case the price of the paper sets shall be sufficient to cover costs.
All money received from sale of the session laws shall be paid into the statute law committee publications account.
(3) The statute law committee may exchange session law sets for similar laws or legal materials of other states, territories, and governments, and make such other distribution of the sets as in its judgment seems proper.
(4)(a) The statute law committee, in its discretion, may publish the official copy of the session laws in a digital format on the code reviser or legislative website.
(b) The code reviser shall provide a paper copy of any individual session law or the compiled session laws of any session upon request. The code reviser may charge a minimal fee sufficient to cover costs of printing and mailing the paper copy.
[ 2011 c 156 s 5; 2007 c 456 s 1; 2006 c 46 s 3.]
Notes:
Purpose—Finding—Intent—2011 c 156: See note following RCW 1.08.080.

catchline: Session laws—Publication, distribution, sale, exchange.


title: RCW 40.04.090

text:
The house and senate journals shall be distributed and sold by the chief clerk of the house of representatives and the secretary of the senate as follows:
(1) Subject to subsection (5) of this section, sets shall be distributed as follows: One to each requesting official whose office is created by the Constitution, and one to each requesting state department director; two copies to the state library; ten copies to the state law library; two copies to the University of Washington library; one to the King county law library; one to the Washington State University library; one to the library of each of the regional universities and to The Evergreen State College; one each to the law library of any accredited law school in this state; and one to each free public library in the state that requests it.
(2) House and senate journals of the preceding regular session during an odd- or even-numbered year, and of any intervening special session, shall be provided for use of legislators and legislative staff in such numbers as directed by the chief clerk of the house of representatives and secretary of the senate.
(3) Surplus sets of the house and senate journals shall be sold and delivered by the chief clerk of the house of representatives and the secretary of the senate at a price set by them after consulting with the state printer to determine reasonable costs associated with the production of the journals, and the proceeds therefrom shall be paid to the state treasurer for the general fund.
(4) The chief clerk of the house of representatives and the secretary of the senate may exchange copies of the house and senate journals for similar journals of other states, territories, and governments, or for other legal materials, and make such other and further distribution of them as in their judgment seems proper.
(5) Periodically the chief clerk of the house of representatives and the secretary of the senate may canvas those entitled to receive copies under this section, and may reduce or eliminate the number of copies distributed to anyone who so concurs.
[ 1995 c 24 s 4; 1993 c 169 s 1; 1982 1st ex.s. c 32 s 2; 1980 c 87 s 13; 1977 ex.s. c 169 s 95; 1973 c 33 s 2; 1941 c 150 s 5; Rem. Supp. 1941 s 8217-5.]
Notes:
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.

catchline: Legislative journals—Distribution, sale, exchange.


title: RCW 40.04.100

text:
The supreme court reports and the court of appeals reports shall be distributed by the reporter of decisions as follows:
(1) Each supreme court justice and court of appeals judge is entitled to receive one copy of each volume containing an opinion signed by him or her.
(2) The state law library shall receive such copies as are necessary of each for the benefit of the state law library, the supreme court and its subsidiary offices; and the court of appeals and its subsidiary offices.
(3) The reporter shall provide one copy of each volume to each county for use in the county law library and one copy of the same to each accredited law school established in the state.
(4) The reporter shall likewise provide the state law library with such copies of volumes as necessary to exchange copies of the supreme court reports and the court of appeals reports for similar reports of other states, territories, and governments.
[ 1995 c 257 s 4; 1991 c 363 s 113; 1979 c 151 s 49; 1973 c 33 s 3; 1971 c 42 s 3; 1941 c 150 s 6; Rem. Supp. 1941 s 8217-6.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Washington court reports commission: RCW 2.32.160.

catchline: Supreme court and court of appeals reports—Distribution, exchange—Duties of reporter of decisions.


title: RCW 40.04.110

text:
On the publication of each volume of reports the publisher to whom the contract is awarded shall provide to the reporter the number of copies of each volume of supreme court and court of appeals reports necessary for the reporter and the state law library to comply with RCW 40.04.100.
[ 1995 c 257 s 5; 1971 c 42 s 4; 1941 c 150 s 7; Rem. Supp. 1941 s 8217-7.]

catchline: Supreme court and court of appeals reports—Provision by publisher to reporter.


title: RCW 40.06.010

text:
As used in this chapter:
(1) "Electronic repository" means a collection of publicly accessible electronic publications stored in a secure digital environment with redundant backup to preserve the collection.
(2) "Format" includes any media used in the publication of state information including electronic, print, audio, visual, and microfilm.
(3) "State agency" includes every state office, officer, department, division, bureau, board, commission and agency of the state, and, where applicable, all subdivisions of each.
(4) "State publication" means information published by state agencies, regardless of format, intended for distribution to state government or the public. Examples may include annual, biennial, and special reports required by law, state agency newsletters, periodicals, and magazines, and other informational material intended for general dissemination to state agencies, the public, or the legislature.
[ 2006 c 199 s 3; 1977 ex.s. c 232 s 8; 1963 c 233 s 1.]
Notes:
Findings—2006 c 199: See note following RCW 27.04.045.

catchline: Definitions.


title: RCW 40.06.020

text:
There is hereby created as a division of the state library, and under the direction of the state librarian, a state publications distribution center. The center shall utilize the depository library system to permit citizens economical and convenient access to state publications, regardless of format. To this end the secretary of state shall make such rules as may be deemed necessary to carry out the provisions of this chapter.
[ 2006 c 199 s 4; 2002 c 342 s 5; 1977 ex.s. c 232 s 9; 1963 c 233 s 2.]
Notes:
Findings—2006 c 199: See note following RCW 27.04.045.
Effective date—2002 c 342: See RCW 27.04.901.

catchline: Center created as division of state library—Depository library system—Rules.


title: RCW 40.06.030

text:
(1) Every state agency shall promptly submit to the state library copies of published information that are state publications.
(a) For state publications available only in print format, each state agency shall deposit, at a minimum, two copies of each of its publications with the state library. For the purposes of broad public access, state agencies may deposit additional copies with the state library for distribution to additional depository libraries.
(b) For state publications available only in electronic format, each state agency shall deposit one copy of each of its publications with the state library.
(c) For state publications available in both print and electronic format, each state agency shall deposit two print copies and one electronic copy of the publication with the state library.
(2) Annually, each state agency shall provide the state library with a listing of all its publications made available to state government and the public during the preceding year, including those published in electronic form. The secretary of state shall, by rule, establish the annual date by which state agencies must provide the list of its publications to the state library.
(3) In the interest of economy and efficiency, the state librarian may specifically or by general rule exempt a given state publication or class of publications from the requirements of this section in full or in part.
[ 2011 1st sp.s. c 43 s 304; 2006 c 199 s 5; 1977 ex.s. c 232 s 10; 1963 c 233 s 3.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Findings—2006 c 199: See note following RCW 27.04.045.

catchline: Deposits by state agencies—Exemptions.


title: RCW 40.06.040

text:
(1) To provide economical public access to state publications, the center may enter into depository contracts with any free public library, The Evergreen State College, regional university, or state university library, or, if needed, the library of any privately incorporated college or university in this state. The requirements for eligibility to contract as a depository library shall be established by the secretary of state upon recommendations of the state librarian. The standards shall include and take into consideration the type of library, available housing and space for the publications, the number and qualifications of personnel, and availability for public use. The center may also contract with public, out-of-state libraries for the exchange of state and other publications on a reciprocal basis. Any state publication to be distributed to the public and the legislature shall be mailed at the lowest available postal rate.
(2) The office of the secretary of state through the state librarian shall preserve and make accessible state agency electronic publications deposited with the state library through an electronic repository.
[ 2006 c 199 s 6; 2002 c 342 s 6; 1981 c 260 s 8. Prior: 1977 ex.s. c 232 s 11; 1977 ex.s. c 169 s 96; 1963 c 233 s 4.]
Notes:
Findings—2006 c 199: See note following RCW 27.04.045.
Effective date—2002 c 342: See RCW 27.04.901.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.

catchline: Interlibrary depository contracts—Repository of electronic publications.


title: RCW 40.06.050

text:
The center shall publish and distribute regularly a list of available state publications, and may publish and distribute such other descriptive matter as will facilitate the distribution of and access to state publications.
[ 2006 c 199 s 7; 1963 c 233 s 5.]
Notes:
Findings—2006 c 199: See note following RCW 27.04.045.

catchline: Center to publish list of publications and other descriptive matter.


title: RCW 40.06.060

text:
Upon request by the center, issuing state agencies shall furnish the center with a complete list of its current state publications and a copy of its mailing and/or exchange lists.
[ 1963 c 233 s 6.]

catchline: Agencies to furnish lists to center.


title: RCW 40.06.070

text:
This chapter shall not apply to nor affect the duties concerning publications distributed by, or officers of:
(1) The state law library; and
(2) The statute law committee and the code reviser.
[ 1983 c 3 s 83; 1963 c 233 s 7.]

catchline: Exemptions.


title: RCW 40.06.900

text:
The effective date of this chapter shall be July 1, 1963.
[ 1963 c 233 s 8.]

catchline: Effective date—1963 c 233.


title: RCW 40.07.010

text:
It is the intent of this legislation [act] to improve executive management and control of state publications and reduce state expenditures through: (1) Elimination of reports and publications which are economically or otherwise unjustified; and (2) the simplification and consolidation of other reports and publications.
[ 1977 ex.s. c 232 s 1.]

catchline: Legislative declaration.


title: RCW 40.07.020

text:
The terms defined in this section shall have the meanings indicated when used in this chapter.
(1) "Director" means the director of financial management.
(2) "State agency" includes every state office, department, division, bureau, board, commission, committee, higher education institution, community college, and agency of the state and all subordinate subdivisions of such agencies in the executive branch financed in whole or in part from funds held in the state treasury, but does not include the offices of executive officials elected on a statewide basis, agricultural commodity commissions, the legislature, the judiciary, or agencies of the legislative or judicial branches of state government.
(3)(a) "State publication" means publications of state agencies and shall include any annual and biennial reports, any special report required by law, state agency newsletters, periodicals and magazines, and other printed informational material intended for general dissemination to the public or to the legislature.
(b) "State publication" may include such other state agency printed informational material as the director may prescribe by rule or regulation, in the interest of economy and efficiency, after consultation with the governor, the state librarian, and any state agencies affected.
(c) "State publication" does not include:
(i) Business forms, preliminary draft reports, working papers, or copies of testimony and related exhibit material prepared solely for purposes of a presentation to a committee of the state legislature;
(ii) Typewritten correspondence and interoffice memoranda, and staff memoranda and similar material prepared exclusively as testimony or exhibits in any proceeding in the courts of this state, the United States, or before any administrative entity;
(iii) Any notices of intention to adopt rules under RCW 34.05.320;
(iv) Publications relating to a multistate program financed by more than one state or by federal funds or private subscriptions; or
(v) News releases sent exclusively to the news media.
(4) "Print" includes all forms of reproducing multiple copies with the exception of typewritten correspondence and interoffice memoranda.
[ 1989 c 175 s 86; 1979 c 151 s 50; 1977 ex.s. c 232 s 2.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.