title: RCW 43.121.100

text:
Contributions, grants, or gifts in cash or otherwise, including funds generated by the sale of "heirloom" birth certificates under chapter 70.58A RCW from persons, associations, or corporations and funds generated through the issuance of the "Keep Kids Safe" license plate under chapter 46.18 RCW, shall be deposited in a depository approved by the state treasurer to be known as the children's trust fund. Disbursements of such funds shall be on the authorization of the secretary of the department of children, youth, and families beginning July 1, 2012. In order to maintain an effective expenditure and revenue control, such funds shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditure of such funds.
[ 2019 c 148 s 36; 2018 c 58 s 14; 2011 1st sp.s. c 32 s 5; 2011 c 171 s 9; 2005 c 53 s 4; 1987 c 351 s 5; 1984 c 261 s 3; 1982 c 4 s 10.]
Notes:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2011 1st sp.s. c 32 s 5: "Section 5 of this act takes effect July 1, 2012." [ 2011 1st sp.s. c 32 s 17.]
Transition plan—Report to the legislature—2011 1st sp.s. c 32: See note following RCW 70.305.005.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Legislative findings—1987 c 351: "The legislature finds that children are society's most valuable resource and that child abuse and neglect is a threat to the physical, mental, and emotional health of children. The legislature further finds that assisting community-based private nonprofit and public organizations, agencies, or school districts in identifying and establishing needed primary prevention programs will reduce the incidence of child abuse and neglect, and the necessity for costly subsequent intervention in family life by the state. Child abuse and neglect prevention programs can be most effectively and economically administered through the use of trained volunteers and the cooperative efforts of the communities, citizens, and the state. The legislature finds that the Washington council for prevention of child abuse is an effective counsel for reducing child abuse but limited resources have prevented the council from funding promising prevention concepts statewide.
It is the intent of the legislature to establish a cost-neutral revenue system for the children's trust fund which is designed to fund primary prevention programs and innovative prevention related activities such as research or public awareness campaigns. The fund shall be supported through revenue created by the sale of heirloom birth certificates. This concept has proven to be a cost-effective approach to funding child abuse prevention in the state of Oregon. The legislature believes that this is an innovative way of using private dollars to supplement our public dollars to reduce child abuse and neglect." [ 1987 c 351 s 1.]

catchline: Contributions, grants, gifts—Depository for and disbursement and expenditure control of moneys received—Children's trust fund.


doc_type: statute

jurisdiction: wa

title: RCW 43.130.010

text:
When either for fiscal reasons, obsolescence or other extraordinary reasons, it becomes necessary to close a state facility, as defined by RCW 43.130.020(2), the state has a responsibility to provide certain benefits to affected employees.
It is the purpose of this chapter to establish an economic impact act for the state of Washington to meet the emergency situation now in existence for state employees affected by the closure of state facilities, as defined in RCW 43.130.020.
[ 1973 2nd ex.s. c 37 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Purpose.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.130.020

text:
For purposes of this chapter:
(1) "Employees" includes those persons performing services for the state on a salaried or hourly basis including, but not limited to, persons in "classified service" as defined in *RCW 41.06.020(3) and those persons defined as exempt from the state civil service laws pursuant to RCW 41.06.070.
(2) The term "closure of a state facility" means the termination of services being provided by a facility operated by the department of social and health services or in conjunction with the department of natural resources, when such facility is terminated for fiscal reasons, obsolescence, or other extraordinary reasons.
(3) "Classified employees" means those employees performing classified service as defined in *RCW 41.06.020(3).
[ 1973 2nd ex.s. c 37 s 2.]
Notes:
*Reviser's note: RCW 41.06.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (3) to subsection (5).

catchline: Definitions.


title: RCW 43.130.030

text:
Excluded employment and excluded employees under this chapter include, but are not limited to, the following:
(1) State employment related to a single project under a program separately financed by a grant of nonstate funds, federal funds or state funds, or by a combination of such funding, which is designed to provide training or employment opportunities, expertise or additional manpower related to the project or which, because of the nature of the project funding requirements, is not intended as a permanent program.
(2) Activities at least seventy-five percent federally funded by a categorical grant for a specific purpose and any other activities terminated because of actions taken by the federal government or other funding sources other than the state of Washington in eliminating or substantially limiting funding sources, except to the extent that the federal government or such other funding sources may permit the use of nonstate funds to pay for any employee benefits authorized pursuant to this chapter.
(3) The following categories of employees are excluded from benefits under this chapter:
(a) employees refusing transfer to vacant positions in the same or a like job classification and at not more than one full range lower than the same salary range;
(b) classified employees having other than permanent status in the classified service;
(c) employees having less than three years' consecutive state service as an employee, except that such employees shall nonetheless be eligible for the benefits provided in subsections (1), (2), (4) and (5) of RCW 43.130.040.
(d) nothing in this chapter shall affect any other rights currently held by classified employees regarding reduction in force procedures and subsequent reemployment.
[ 1973 2nd ex.s. c 37 s 3.]

catchline: Excluded employment and employees.


title: RCW 43.130.040

text:
In order to carry out the purposes of this chapter, the state shall take every reasonable step at its disposal to provide alternative employment and to minimize the economic loss of state employees affected by the closure of state facilities. Affected state employees shall be paid benefits as specified in this section.
(1) Relocation expenses covering the movement of household goods, incurred by the necessity of an employee moving his or her domicile to be within reasonable commuting distance of a new jobsite, shall be paid by the state to employees transferring to other state employment by reason of the closure of a facility.
(2) Relocation leave shall be allowed up to five working days' leave with pay for the purpose of locating new residence in the area of employment.
(3) The state shall reimburse the transferring employee to the extent of any unavoidable financial loss suffered by an employee who sells his or her home at a price less than the true and fair market value as determined by the county assessor not exceeding three thousand dollars: PROVIDED, That this right of reimbursement must be exercised, and sale of the property must be accomplished, within a period of two years from the date other state employment is accepted.
(4) For employees in facilities which have been terminated who do not choose to participate in the transfer program set forth in the preceding subsections, the following terminal pay plan shall be available:
(a) For qualifying employees, for each one year of continuous state service, one week (five working days) of regular compensation shall be provided.
(b) Regular compensation as used in subsection (a) hereof shall include salary compensation at the rate being paid to the employees at the time operation of the facility is terminated.
(c) Terminal pay as set forth in subsections (a) and (b) hereof shall be paid to the employee at the termination of the employees last month of employment or within thirty days after *the effective date of this 1973 act, whichever is later: PROVIDED, That from the total amount of terminal pay, the average sum of unemployment compensation that the qualifying employee is eligible to receive multiplied by the total number of weeks of terminal pay minus one week shall be deducted.
(d) Those employees electing the early retirement benefits as stated in subsection (5) of this section shall not be eligible for the terminal pay provisions as set forth in this subsection.
(e) Those employees who are reemployed by the state during the period they are receiving terminal pay pursuant to subsections (a), (b) and (c) of this section shall reimburse the state for that portion of the terminal pay covered by the period of new employment.
(5) As an option to transferring to other state employment an employee may elect early retirement under the following conditions:
(a) Notwithstanding the age requirements of RCW 41.40.180, any affected employee under this chapter who has attained the age of fifty-five years, with at least five years creditable service, shall be immediately eligible to retire, with no actuarial reduction in the amount of his or her pension benefit.
(b) Notwithstanding the age requirements of RCW 41.40.180, any affected employee under this chapter who has attained the age of forty-five years, with at least five years creditable service, shall be immediately eligible to retire with an actuarial reduction in the amount of his or her pension benefit of three percent for each complete year that such employee is under fifty-five years of age.
(c) Employees who elect to retire pursuant to RCW 41.40.180 shall be eligible to retire while on authorized leave of absence not in excess of one hundred and twenty days.
(d) Employees who elect to retire under the provisions of this section shall not be eligible for any retirement benefit in a year following a year in which their employment income was in excess of six thousand dollars. This six thousand dollars base shall be adjusted annually beginning in 1974 by such cost-of-living adjustments as are applied by the public employees' retirement system to membership retirement benefits. The public employees retirement system board shall adopt necessary rules and regulations to implement the provisions of this subsection.
[ 2009 c 549 s 5176; 1973 2nd ex.s. c 37 s 4.]
Notes:
*Reviser's note: The effective date of 1973 2nd ex.s. c 37 was September 26, 1973.
Public employees' retirement system: Chapter 41.40 RCW.
Termination date of benefits under subsection (3) of this section: RCW 43.130.910.

catchline: Benefits.


title: RCW 43.130.050

text:
Notwithstanding any other provision of this chapter employees affected by the closure of a state facility as defined in RCW 43.130.020(2) who were employed as of May 1, 1973 at such facility, and who are still in employment of the state or on an official leave of absence as of September 26, 1973, who would otherwise qualify for the enumerated benefits of this chapter are hereby declared eligible for such benefits under the following conditions:
(1) Such employee must be actively employed by the state of Washington or on an official leave of absence on September 26, 1973, and unless the early retirement or terminal pay provisions of this chapter are elected, continue to be employed or to be available for employment in a same or like job classification at not less than one full range lower than the same salary range for a period of at least thirty days thereafter;
(2) Such employee must give written notice of his or her election to avail himself or herself of such benefits within thirty days after the *passage of this 1973 act or upon closure of the institution, whichever is later.
[ 2009 c 549 s 5177; 1973 2nd ex.s. c 37 s 5.]
Notes:
*Reviser's note: The effective date of 1973 2nd ex.s. c 37 was September 26, 1973, due to the emergency clause contained in section 9, codified as RCW 43.130.910.
1973 2nd ex.s. c 37 (Engrossed Substitute Senate Bill No. 2603) passed the Senate September 14, 1973, passed the House September 13, 1973, and was approved by the governor September 26, 1973.
Employees to whom chapter is operative: RCW 43.130.910.

catchline: Eligibility—Conditions.


title: RCW 43.130.060

text:
In order to reimburse the public employees' retirement system for any increased costs occasioned by the provisions of this chapter which affect the retirement system, the director of retirement systems shall, within thirty days of the date upon which any affected employee elects to take advantage of the retirement provisions of this chapter, determine the increased present and future cost to the retirement system of such employee's election. Upon the determination of the amount necessary to offset the increased cost, the director of retirement systems shall bill the department of enterprise services for the amount of the increased cost: PROVIDED, That such billing shall not exceed eight hundred sixty-one thousand dollars. Such billing shall be paid by the department as, and the same shall be, a proper charge against any moneys available or appropriated to the department for this purpose.
[ 2011 1st sp.s. c 43 s 458; 1973 2nd ex.s. c 37 s 6.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Reimbursement of public employees' retirement system.


title: RCW 43.130.910

text:
This 1973 act is necessary for the immediate preservation of the public peace, health and safety, the support of state government and its existing public institutions and shall take effect immediately: PROVIDED HOWEVER, That each of the provisions of this 1973 act shall be operative and in effect only for employees of those state facilities closed after May 1, 1973 and prior to September 14, 1974: PROVIDED FURTHER, That benefits under section 4(3) of this 1973 act shall be available until September 14, 1975.
[ 1973 2nd ex.s. c 37 s 9.]

catchline: Emergency—Operative dates—Termination of benefits.


title: RCW 43.131.010

text:
This chapter may be known and cited as the Washington Sunset Act.
[ 1990 c 297 s 1; 1977 ex.s. c 289 s 1.]

catchline: Short title. (Expires June 30, 2045.)


title: RCW 43.131.020

text:
The state legislature finds that state entities may fail to deliver services as effectively and efficiently as is expected by the general public and as originally contemplated by the legislature. It further finds that state government actions have produced a substantial increase in numbers of entities, growth of programs, and proliferation of rules, and that the entire process has evolved without sufficient legislative and executive oversight, regulatory accountability, or a system of checks and balances. The legislature further finds that by establishing a system for the termination, continuation, or modification of state entities, coupled with a system of scheduled review of such entities, it will be in a better position to: Evaluate the need for the continued existence of existing and future state entities; assess the effectiveness and performance of agencies, boards, commissions, and programs; and ensure public accountability. The legislature recognizes that the executive branch shares in this duty and responsibility to assure that state government operates in an efficient, orderly, and responsive manner.
[ 2000 c 189 s 1; 1977 ex.s. c 289 s 2.]

catchline: Findings. (Expires June 30, 2045.)


title: RCW 43.131.030

text:
As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise.
(1) "Entity" includes every state office, department, board, commission, unit or subunit, and agency of the state, and where provided by law, programs and activities involving less than the full responsibility of a state agency. "Entity" also includes any part of the Revised Code of Washington scheduled for repeal, expiration, or program termination.
(2) "Person" includes every natural person, firm, partnership, corporation, association, or organization.
[ 2000 c 189 s 2; 1983 1st ex.s. c 27 s 1; 1977 ex.s. c 289 s 3.]

catchline: Definitions. (Expires June 30, 2045.)


title: RCW 43.131.040

text:
Any state entity scheduled for termination by the processes provided in this chapter may be reestablished by the legislature for a specified period of time or indefinitely. The legislature may again review the state entity in a manner consistent with the provisions of this chapter and reestablish, modify, or consolidate such state entity or allow it to be terminated.
[ 2000 c 189 s 3; 1983 1st ex.s. c 27 s 2; 1977 ex.s. c 289 s 4.]

catchline: Reestablishment of entity scheduled for termination—Review. (Expires June 30, 2045.)


title: RCW 43.131.051

text:
The joint legislative audit and review committee shall conduct a program and fiscal review of any entity scheduled for termination under this chapter. This program and fiscal review shall be completed and a preliminary report prepared during the calendar year prior to the date established for termination. These reports shall be prepared in the manner set forth in RCW 44.28.071 and 44.28.075. The legislative auditor, as defined in RCW 44.28.005, must develop and implement criteria to ensure that the staff resources and associated costs devoted to program reviews are proportionate to the size and complexity of the program budget. Upon completion of its preliminary report, the joint legislative audit and review committee shall transmit copies of the report to the office of financial management and any affected entity. The final report shall include the response, if any, of the affected entity and the office of financial management in the same manner as set forth in RCW 44.28.088, except the affected entity and the office of financial management shall have sixty days to respond to the report. The joint legislative audit and review committee shall transmit the final report to the legislature, to the state entity affected, to the governor, and to the state library.
[ 2025 c 198 s 2; 2000 c 189 s 4.]

catchline: Program and fiscal review—Reports. (Expires June 30, 2045.)


title: RCW 43.131.061

text:
(1) Any entity may be scheduled for sunset termination and review under this chapter by law.
(2) An entity scheduled for sunset termination shall establish performance measures, as required under subsection (3) of this section, and must be evaluated, in part, in terms of the results. The entity has the burden of demonstrating the extent to which performance results have been achieved. The sunset termination legislation shall name a lead entity, if more than one entity is impacted by scheduled termination. The affected entity or lead entity has the responsibility for developing and implementing a data collection plan and submitting the resulting performance information to the joint legislative audit and review committee.
(3) An entity shall develop performance measures and a data collection plan and submit them for review and comment to the joint legislative audit and review committee within one year of the effective date of the legislation establishing the sunset termination.
(4) Unless specified otherwise, sunset terminations under this chapter shall be a minimum of seven years. The joint legislative audit and review committee shall complete its review in the year prior to the date of termination.
[ 2000 c 189 s 5.]

catchline: Sunset termination and review—Performance measures—Minimum period for sunset termination. (Expires June 30, 2045.)


title: RCW 43.131.071

text:
(1) In conducting the review of an entity, the joint legislative audit and review committee shall determine the scope and objectives of the review and consider, but not be limited to, the following factors, if applicable:
(a) The extent to which the entity has complied with legislative intent;
(b) The extent to which the entity is operating in an efficient and economical manner which results in optimum performance;
(c) The extent to which the entity is operating in the public interest by controlling costs;
(d) The extent to which the entity duplicates the activities of other entities or of the private sector;
(e) The extent to which the entity is meeting the performance measures developed under RCW 43.131.061; and
(f) The possible impact of the termination or modification of the entity.
(2) After completing the review under subsection (1) of this section, the committee shall make its recommendations to the legislature.
[ 2000 c 189 s 6.]

catchline: Scope of review—Recommendations to the legislature. (Expires June 30, 2045.)


title: RCW 43.131.090

text:
Unless the legislature specifies a shorter period of time, a terminated entity shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs: PROVIDED, That the powers and authority of the entity shall not be reduced or otherwise limited during this period. Unless otherwise provided:
(1) All employees of terminated entities classified under chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the director of financial management pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated entity shall be delivered to the custody of the entity assuming the responsibilities of the terminated entity or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of enterprise services;
(3) All funds held by, or other moneys due to, the terminated entity shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated entity shall be repealed, without further action by the entity, at the end of the period provided in this section, unless assumed and reaffirmed by the entity assuming the related legal responsibilities of the terminated entity;
(5) All contractual rights and duties of an entity shall be assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity as the governor shall direct.
[ 2015 3rd sp.s. c 1 s 322; (2011 1st sp.s. c 43 s 459 expired June 30, 2015); (2002 c 354 s 230 expired June 30, 2015); 2000 c 189 s 7; 1993 c 281 s 54; 1983 1st ex.s. c 27 s 4; 1977 ex.s. c 289 s 9.]
Notes:
Expiration date—2011 1st sp.s. c 43 s 459: "Section 459 of this act expires June 30, 2015." [ 2011 1st sp.s. c 43 s 482.]
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Expiration date—2002 c 354 s 230: "Section 230 of this act expires June 30, 2015." [ 2002 c 354 s 412.]
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.

catchline: Termination of entity—Procedures—Employee transfers—Property disposition—Funds and moneys—Rules—Contracts. (Expires June 30, 2045.)


title: RCW 43.131.100

text:
This chapter shall not affect the right to institute or prosecute any cause of action by or against an entity terminated pursuant to this chapter if the cause of action arose prior to the end of the period provided in RCW 43.131.090. Such causes of action may be instituted, prosecuted, or defended in the name of the state of Washington by the office of the attorney general. Any hearing or other proceeding pending before an entity to be terminated and not completed before the end of the period provided in RCW 43.131.090, may be completed by the entity assuming the responsibilities of the terminated entity.
[ 2000 c 189 s 8; 1977 ex.s. c 289 s 10.]

catchline: Termination of entity—Pending business—Savings. (Expires June 30, 2045.)


title: RCW 43.131.110

text:
Any reference in this chapter to a committee of the legislature including the joint legislative audit and review committee shall also refer to the successor of that committee.
[ 1996 c 288 s 47; 1977 ex.s. c 289 s 11.]

catchline: Committees—Reference to include successor. (Expires June 30, 2045.)


title: RCW 43.131.130

text:
Nothing in this chapter or RCW 43.06.010 shall prevent the legislature from abolishing or modifying an entity scheduled for termination prior to the entity's established termination date or from abolishing or modifying any other entity.
[ 2000 c 189 s 9; 1977 ex.s. c 289 s 13.]

catchline: Legislature—Powers unaffected by enactment of chapter. (Expires June 30, 2045.)


title: RCW 43.131.150

text:
The entities scheduled for termination under this chapter shall be subject to all of the processes provided in this chapter.
[ 2000 c 189 s 10; 1983 1st ex.s. c 27 s 8; 1979 c 99 s 1.]

catchline: Termination of entities—Review under Sunset Act. (Expires June 30, 2045.)


title: RCW 43.131.393

text:
The underground storage tank program shall be terminated on July 1, 2029, as provided in RCW 43.131.394.
[ 2018 c 194 s 1; 2007 c 147 s 10; 1998 c 155 s 7.]

catchline: Underground storage tank program—Termination.


title: RCW 43.131.394

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2030:
(1) RCW 70A.355.005 and 2007 c 147 s 1 & 1989 c 346 s 1;
(2) RCW 70A.355.010 and 2013 c 144 s 53, 2011 c 298 s 39, 2007 c 147 s 2, 1998 c 155 s 1, & 1989 c 346 s 2;
(3) RCW 70A.355.020 and 2013 c 144 s 54, 2011 c 298 s 40, 2007 c 147 s 3, 1998 c 155 s 2, & 1989 c 346 s 3;
(4) RCW 70A.355.030 and 1998 c 155 s 3 & 1989 c 346 s 5;
(5) RCW 70A.355.040 and 2007 c 147 s 4, 1998 c 155 s 4, & 1989 c 346 s 6;
(6) RCW 70A.355.050 and 1998 c 155 s 5 & 1989 c 346 s 7;
(7) RCW 70A.355.060 and 2007 c 147 s 5 & 1989 c 346 s 8;
(8) RCW 70A.355.070 and 2007 c 147 s 6, 1995 c 403 s 639, & 1989 c 346 s 9;
(9) RCW 70A.355.080 and 2007 c 147 s 7, 1998 c 155 s 6, & 1989 c 346 s 10;
(10) RCW 70A.355.090 and 1991 sp.s. c 13 s 72 & 1989 c 346 s 11;
(11) RCW 70A.355.100 and 2007 c 147 s 8, 1991 c 83 s 1, & 1989 c 346 s 12;
(12) RCW 70A.355.900 and 1989 c 346 s 15;
(13) RCW 70A.355.901 and 1989 c 346 s 14; and
(14) RCW 70A.355.902 and 1989 c 346 s 18.
[ 2020 c 20 s 1051; 2018 c 194 s 2; 2007 c 147 s 11; 1998 c 155 s 8.]

catchline: Underground storage tank program—Repeal.


title: RCW 43.131.400

text:
The joint legislative audit and review committee must conduct a program review, as provided in this chapter, of the program to reimburse landowners for damage to rangeland used for grazing or browsing of domestic livestock caused by deer and elk, established in sections 1 through 3, chapter 274, Laws of 2001. The review must be completed by January 1, 2004.
[ 2001 c 274 s 4.]
Notes:
Effective date—2001 c 274: See note following RCW 77.36.010.

catchline: Program review—Rangeland damage.


title: RCW 43.131.407

text:
The alternative public works contracting procedures under chapter 39.10 RCW shall be terminated June 30, 2031, as provided in RCW 43.131.408.
[ 2021 c 230 s 21; 2013 c 222 s 21; 2007 c 494 s 506.]
Notes:
Effective date—2021 c 230: See note following RCW 39.10.210.
Effective date—2013 c 222: See note following RCW 39.10.210.
Part headings and captions not law—Effective dates—Severability—2007 c 494: See RCW 39.10.903 through 39.10.905.

catchline: Alternative public works contracting procedures—Termination.


title: RCW 43.131.408

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2032:
(1) RCW 39.10.200 and 2023 c 395 s 4, 2010 1st sp.s. c 21 s 2, 2007 c 494 s 1, & 1994 c 132 s 1;
(2) RCW 39.10.210 and 2023 c 395 s 5, 2021 c 230 s 1, 2019 c 212 s 1, 2014 c 42 s 1, & 2013 c 222 s 1;
(3) RCW 39.10.220 and 2023 c 395 s 6, 2021 c 230 s 2, 2013 c 222 s 2, 2007 c 494 s 102, & 2005 c 377 s 1;
(4) RCW 39.10.230 and 2023 c 395 s 7, 2021 c 230 s 3, 2013 c 222 s 3, 2010 1st sp.s. c 21 s 3, 2009 c 75 s 1, 2007 c 494 s 103, & 2005 c 377 s 2;
(5) RCW 39.10.240 and 2023 c 395 s 8, 2021 c 230 s 4, 2013 c 222 s 4, & 2007 c 494 s 104;
(6) RCW 39.10.250 and 2021 c 230 s 5, 2019 c 212 s 2, 2013 c 222 s 5, 2009 c 75 s 2, & 2007 c 494 s 105;
(7) RCW 39.10.260 and 2013 c 222 s 6 & 2007 c 494 s 106;
(8) RCW 39.10.270 and 2025 c 231 s 1, 2019 c 212 s 3, 2017 c 211 s 1, 2013 c 222 s 7, 2009 c 75 s 3, & 2007 c 494 s 107;
(9) RCW 39.10.280 and 2025 c 231 s 2, 2014 c 42 s 2, 2013 c 222 s 8, & 2007 c 494 s 108;
(10) RCW 39.10.290 and 2007 c 494 s 109;
(11) RCW 39.10.300 and 2021 c 230 s 6, 2019 c 212 s 4, 2013 c 222 s 9, 2009 c 75 s 4, & 2007 c 494 s 201;
(12) RCW 39.10.320 and 2019 c 212 s 5, 2013 c 222 s 10, 2007 c 494 s 203, & 1994 c 132 s 7;
(13) RCW 39.10.330 and 2023 c 395 s 9, 2021 c 230 s 7, 2019 c 212 s 6, 2014 c 19 s 1, 2013 c 222 s 11, 2009 c 75 s 5, & 2007 c 494 s 204;
(14) RCW 39.10.340 and 2014 c 42 s 3, 2013 c 222 s 12, & 2007 c 494 s 301;
(15) RCW 39.10.350 and 2021 c 230 s 8, 2014 c 42 s 4, & 2007 c 494 s 302;
(16) RCW 39.10.360 and 2023 c 395 s 10, 2021 c 230 s 9, 2014 c 42 s 5, 2013 c 222 s 13, 2009 c 75 s 6, & 2007 c 494 s 303;
(17) RCW 39.10.370 and 2021 c 230 s 10, 2014 c 42 s 6, & 2007 c 494 s 304;
(18) RCW 39.10.380 and 2023 c 395 s 11, 2021 c 230 s 11, 2013 c 222 s 14, & 2007 c 494 s 305;
(19) RCW 39.10.385 and 2023 c 395 s 12, 2021 c 230 s 12, 2013 c 222 s 15, & 2010 c 163 s 1;
(20) RCW 39.10.390 and 2021 c 230 s 13, 2014 c 42 s 7, 2013 c 222 s 16, & 2007 c 494 s 306;
(21) RCW 39.10.400 and 2021 c 230 s 14, 2013 c 222 s 17, & 2007 c 494 s 307;
(22) RCW 39.10.410 and 2007 c 494 s 308;
(23) RCW 39.10.420 and 2019 c 212 s 7, 2017 c 136 s 1, & 2016 c 52 s 1;
(24) RCW 39.10.430 and 2021 c 230 s 15, 2019 c 212 s 8, & 2007 c 494 s 402;
(25) RCW 39.10.440 and 2021 c 230 s 16, 2019 c 212 s 9, 2015 c 173 s 1, 2013 c 222 s 19, & 2007 c 494 s 403;
(26) RCW 39.10.450 and 2019 c 212 s 10, 2012 c 102 s 2, & 2007 c 494 s 404;
(27) RCW 39.10.460 and 2021 c 230 s 17, 2012 c 102 s 3, & 2007 c 494 s 405;
(28) RCW 39.10.470 and 2019 c 212 s 11, 2014 c 19 s 2, 2005 c 274 s 275, & 1994 c 132 s 10;
(29) RCW 39.10.480 and 1994 c 132 s 9;
(30) RCW 39.10.490 and 2021 c 230 s 18, 2013 c 222 s 20, 2007 c 494 s 501, & 2001 c 328 s 5;
(31) RCW 39.10.900 and 1994 c 132 s 13;
(32) RCW 39.10.901 and 1994 c 132 s 14;
(33) RCW 39.10.903 and 2007 c 494 s 510;
(34) RCW 39.10.904 and 2007 c 494 s 512;
(35) RCW 39.10.905 and 2007 c 494 s 513; and
(36) RCW 39.10.908 and 2023 c 395 s 13 and 2021 c 230 s 19.
[ 2025 c 231 s 5; 2023 c 395 s 36; 2021 c 230 s 22; 2019 c 212 s 13. Prior: 2017 c 211 s 2; 2017 c 136 s 2; prior: 2014 c 42 s 8; 2014 c 19 s 3; prior: 2013 c 222 s 22; 2013 c 186 s 2; 2012 c 102 s 4; 2010 1st sp.s. c 21 s 5; 2007 c 494 s 507.]
Notes:
Effective date—2025 c 231: See note following RCW 39.10.270.
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Effective date—2021 c 230: See note following RCW 39.10.210.
Effective date—2013 c 222: See note following RCW 39.10.210.
Intent—2010 1st sp.s. c 21: See note following RCW 39.10.200.
Part headings and captions not law—Effective dates—Severability—2007 c 494: See RCW 39.10.903 through 39.10.905.

catchline: Alternative public works contracting procedures—Repeal.


title: RCW 43.131.417

text:
The joint center for aerospace technology innovation shall be terminated July 1, 2030, as provided in RCW 43.131.418.
[ 2020 c 306 s 1; 2013 2nd sp.s. c 24 s 2; 2012 c 242 s 3.]

catchline: Joint center for aerospace technology innovation—Termination.


title: RCW 43.131.418

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2031:
(1) RCW 28B.155.010 and 2014 c 174 s 3, 2014 c 112 s 102, & 2012 c 242 s 1;
(2) RCW 28B.155.020 and 2012 c 242 s 2; and
(3) RCW 28B.155.030 and 2020 c 306 s 3.
[ 2020 c 306 s 2; 2014 c 112 s 122; 2013 2nd sp.s. c 24 s 3; 2012 c 242 s 4.]

catchline: Joint center for aerospace technology innovation—Repeal.


title: RCW 43.131.423

text:
The authorization for drug take-back programs created in chapter 196, Laws of 2018 and chapter 155, Laws of 2021 shall be terminated on January 1, 2029, as provided in RCW 43.131.424.
[ 2021 c 155 s 6; 2018 c 196 s 26.]
Notes:
Findings—Intent—2021 c 155: See note following RCW 69.48.010.

catchline: Drug take-back program—Termination.


title: RCW 43.131.424

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective January 1, 2030:
(1) RCW 69.48.010 and 2021 c 155 s 1 & 2018 c 196 s 1;
(2) RCW 69.48.020 and 2018 c 196 s 2;
(3) RCW 69.48.030 and 2018 c 196 s 3;
(4) RCW 69.48.040 and 2018 c 196 s 4;
(5) RCW 69.48.050 and 2021 c 155 s 3 & 2018 c 196 s 5;
(6) RCW 69.48.060 and 2021 c 65 s 642 [64] & 2018 c 196 s 6;
(7) RCW 69.48.070 and 2021 c 155 s 4 & 2018 c 196 s 7;
(8) RCW 69.48.080 and 2018 c 196 s 8;
(9) RCW 69.48.090 and 2018 c 196 s 9;
(10) RCW 69.48.100 and 2025 c 215 s 1 & 2018 c 196 s 10;
(11) RCW 69.48.110 and 2025 c 215 s 2 & 2018 c 196 s 11;
(12) RCW 69.48.120 and 2025 c 215 s 3, 2021 c 155 s 5, & 2018 c 196 s 12;
(13) RCW 69.48.130 and 2018 c 196 s 13;
(14) RCW 69.48.140 and 2018 c 196 s 14;
(15) RCW 69.48.150 and 2018 c 196 s 15;
(16) RCW 69.48.160 and 2018 c 196 s 16;
(17) RCW 69.48.170 and 2018 c 196 s 17;
(18) RCW 69.48.180 and 2018 c 196 s 18;
(19) RCW 69.48.190 and 2018 c 196 s 19; and
(20) *RCW 69.48.200 and 2018 c 196 s 20.
[ 2025 c 215 s 5; 2021 c 155 s 7; 2018 c 196 s 27.]
Notes:
*Reviser's note: RCW 69.48.200 expired July 1, 2026.
Findings—Intent—2021 c 155: See note following RCW 69.48.010.

catchline: Drug take-back program—Repeal.


title: RCW 43.131.425

text:
The office of the corrections ombuds is terminated July 1, 2028, as provided in RCW 43.131.426.
[ 2018 c 270 s 10.]

catchline: Office of the corrections ombuds—Termination.


title: RCW 43.131.426

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2029:
(1) RCW 43.06C.005 and 2018 c 270 s 1;
(2) RCW 43.06C.020 and 2018 c 270 s 2;
(3) RCW 43.06C.010 and 2018 c 270 s 3;
(4) RCW 43.06C.030 and 2018 c 270 s 4;
(5) RCW 43.06C.040 and 2018 c 270 s 5;
(6) RCW 43.06C.050 and 2018 c 270 s 6;
(7) RCW 43.06C.060 and 2018 c 270 s 7; and
(8) RCW 43.06C.070 and 2018 c 270 s 8.
[ 2018 c 270 s 11.]

catchline: Office of the corrections ombuds—Repeal.


title: RCW 43.131.427

text:
The Washington dual enrollment scholarship pilot program is terminated July 1, 2025, as provided in RCW 43.131.428.
[ 2019 c 176 s 3.]

catchline: Washington dual enrollment scholarship pilot program—Termination.


title: RCW 43.131.428

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2026:
RCW 28B.76.730 and 2019 c 176 s 1.
[ 2019 c 176 s 4.]

catchline: Washington dual enrollment scholarship pilot program—Repeal.


title: RCW 43.131.429

text:
The grant program providing assistance to qualifying port districts for expenses related to noise mitigation under RCW 43.330.610 shall be terminated July 1, 2029.
[ 2024 c 194 s 7.]
Notes:
Legislative findings—Intent—2024 c 194: See note following RCW 53.54.030.

catchline: Port district noise mitigation grant program—Termination.


title: RCW 43.131.430

text:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2030:
(1) RCW 43.330.610 and 2024 c 194 s 5; and
(2) RCW 53.20.090 and 2024 c 194 s 6.
[ 2024 c 194 s 9.]
Notes:
Legislative findings—Intent—2024 c 194: See note following RCW 53.54.030.

catchline: Port district noise mitigation grant program—Repeal.


title: RCW 43.131.431

text:
In addition to the requirements of this chapter, the joint legislative audit and review committee must include in its review of the grant program under RCW 43.330.610 the number of homes remediated since June 6, 2024, and the number of homes remaining in need of noise mitigation remediation.
[ 2024 c 194 s 8.]
Notes:
Legislative findings—Intent—2024 c 194: See note following RCW 53.54.030.

catchline: Port district noise mitigation grant program—Joint legislative audit and review committee review.


title: RCW 43.131.900

text:
RCW 43.131.010 through 43.131.150 expire June 30, 2045, unless extended by law for an additional fixed period of time.
[ 2025 c 198 s 1; 2013 c 44 s 2; 2000 c 189 s 12; 1988 c 17 s 2; 1982 c 223 s 16; 1979 c 22 s 3; 1977 ex.s. c 289 s 16.]
Notes:
Finding—Intent—2013 c 44: "The legislature finds that the sunset review process allows the legislature to evaluate the need for the continued existence of agencies and programs, to assess the effectiveness and performance of these agencies and programs, and to ensure public accountability. It is the intent of the legislature to continue using this important accountability tool." [ 2013 c 44 s 1.]

catchline: Expiration of RCW 43.131.010 through 43.131.150—Exception.


title: RCW 43.132.010

text:
It is the intent of this chapter to create a uniform and coordinated procedure to determine the fiscal impact of proposed legislation on units of local government.
[ 1977 ex.s. c 19 s 1.]

catchline: Intent.


title: RCW 43.132.020

text:
The director of financial management or the director's designee shall, in cooperation with appropriate legislative committees and legislative staff, establish a mechanism for the determination of the fiscal impact of proposed legislation which if enacted into law would directly or indirectly increase or decrease revenues received or expenditures incurred by counties, cities, towns, or any other units of local government. For purposes of this section, "unit of local government" includes school districts to the extent that the proposed legislation affects school districts in the same manner as it affects other units of local government. Where proposed legislation uniquely affects school districts, a school district fiscal note must be prepared under the process established in RCW 28A.300.0401. The office of financial management shall, when requested by a member of the state legislature, report in writing as to such fiscal impact and said report shall be known as a "fiscal note".
Such fiscal notes shall indicate by fiscal year the total impact on the local governments involved for the first two years the legislation would be in effect and also a cumulative six year forecast of the fiscal impact. Where feasible and applicable, the fiscal note also shall indicate the fiscal impact on each individual county or on a representative sampling of cities, towns, or other units of local government.
A fiscal note as defined in this section shall be provided only upon request of any member of the state legislature. A request for a fiscal note on legislation shall be considered to be a continuing request for a fiscal note on any formal alteration of the legislation in the form of amendments to the legislation that are adopted by a committee or a house of the legislature or a substitute version of such legislation that is adopted by a committee and preparation of the fiscal note on the prior version of the legislation shall stop, unless the legislator requesting the fiscal note specifies otherwise or the altered version is first adopted or enacted in the last week of a legislative session.
Fiscal notes shall be completed within one week of the request unless a longer time period is allowed by the requesting legislator. In the event a fiscal note has not been completed within one week of a request, a daily report shall be prepared for the requesting legislator by the director of financial management which report summarizes the progress in preparing the fiscal note. If the request is referred to the director of commerce, the daily report shall also include the date and time such referral was made.
[ 2011 c 140 s 2; 2000 c 182 s 2; 1995 c 399 s 79; 1984 c 125 s 16; 1979 c 151 s 149; 1977 ex.s. c 19 s 2.]
Notes:
Intent—2000 c 182: "It is the intent of the legislature to enhance the local government fiscal note process by providing for updated fiscal information on pending legislation and to establish a process for a more comprehensive report on the fiscal impacts to local governments arising from laws that have been enacted. Further, it is the intent of the legislature that the varying effects of legislation on different local governments be recognized. This act is enacted in recognition of the responsibilities imposed by RCW 43.135.060." [ 2000 c 182 s 1.]


title: RCW 43.132.030

text:
The director of financial management is hereby empowered to designate the director of commerce as the official responsible for the preparation of fiscal notes authorized and required by this chapter. It is the intent of the legislature that when necessary the resources of other state agencies, appropriate legislative staffs, and the various associations of local government may be employed in the development of such fiscal notes.
[ 2023 c 470 s 2058; 1995 c 399 s 80; 1985 c 6 s 10; 1979 c 151 s 150; 1977 ex.s. c 19 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Designation of department of commerce to prepare fiscal notes—Cooperation of state agencies, legislative staffs, and local government associations.


title: RCW 43.132.040

text:
When a fiscal note is prepared and approved as to form and completeness by the director of financial management, the director shall transmit copies immediately to:
(1) The requesting legislator;
(2) With respect to proposed legislation held by the senate, the chairperson of the committee which holds or has acted upon the proposed legislation, the chairperson of the ways and means committee or equivalent committees with jurisdiction over matters normally considered by a ways and means committee, the chairperson of the local government committee or equivalent committee that considers local government matters, and the secretary of the senate; and
(3) With respect to proposed legislation held by the house of representatives, the chairperson of the committee which holds or has acted upon the proposed legislation, the chairpersons of the ways and means committee or equivalent committees with jurisdiction over matters normally considered by a ways and means committee, the chairperson of the local government committee or equivalent committee that considers local government matters, and the chief clerk of the house of representatives.
[ 2000 c 182 s 3; 1986 c 158 s 18; 1979 c 151 s 151; 1977 ex.s. c 19 s 4.]
Notes:
Intent—2000 c 182: See note following RCW 43.132.020.

catchline: Fiscal notes—Transmission of copies to designated recipients.


title: RCW 43.132.050

text:
The office of financial management may make additional copies of the fiscal note available to members of the legislature and others on request.
At the request of any member of the senate or house of representatives, whichever is considering the proposed legislation, and unless it is prohibited by the rules of the body, copies of the fiscal note or a synopsis thereof shall be placed on the members' desks at the time the proposed legislation takes its place on the second reading calendar.
Whenever proposed legislation accompanied by such a fiscal note is passed by either the senate or the house of representatives, the fiscal note shall be transmitted with the bill to the other house.
[ 1986 c 158 s 19; 1979 c 151 s 152; 1977 ex.s. c 19 s 5.]

catchline: Fiscal notes—Transmission of copies upon request.


title: RCW 43.132.055

text:
When the fiscal note indicates that a bill or resolution would require expenditures of funds by a county, city, town, or other unit of local government, the legislature shall determine the state's fiscal responsibility and shall make every effort to appropriate the funds or provide the revenue generating authority necessary to implement the legislation during the ensuing biennium.
[ 1979 ex.s. c 112 s 2.]

catchline: Fiscal notes—Expenditures by local government—Fiscal responsibility.


title: RCW 43.132.060

text:
(1) Nothing in this chapter shall prevent either house of the legislature from acting on any bill or resolution before it as otherwise provided by the state Constitution, by law, and by the rules of the senate and house of representatives, nor shall the lack of any fiscal note as provided in this chapter or any error in the accuracy thereof affect the validity of any measure otherwise duly passed by the legislature.
(2) Subsection (1) of this section shall not alter the responsibilities of RCW 43.135.060.
[ 2000 c 182 s 4; 1977 ex.s. c 19 s 6.]
Notes:
Intent—2000 c 182: See note following RCW 43.132.020.

catchline: Legislative action upon or validity of measures not affected.


title: RCW 43.132.810

text:
The office of financial management, in consultation with the department of commerce, shall prepare a report for the legislature on or before December 31st of every even-numbered year on local government fiscal notes, and reports on the fiscal impacts on local governments arising from selected laws, that were prepared over the preceding two-year period.
[ 2023 c 470 s 2059; 2000 c 182 s 6.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—2000 c 182: See note following RCW 43.132.020.

catchline: Local government fiscal notes—Fiscal impact of selected laws on local governments—Biennial report.


title: RCW 43.133.010

text:
Because of the proliferation of boards and special purpose districts, the legislature recognizes the necessity of developing a uniform and coordinated procedure for determining the need for these new units of government.
[ 1987 c 342 s 1.]

catchline: Legislative declaration.


title: RCW 43.133.020

text:
(1) For purposes of this chapter, "special purpose district" means any unit of local government other than a city, town, county, or school district.
(2) For purposes of this chapter, "board" means a board, commission, council, committee or task force.
[ 1987 c 342 s 2.]

catchline: Definitions.


title: RCW 43.133.030

text:
The office of financial management and the department of commerce shall, in cooperation with appropriate legislative committees and legislative staff, establish a procedure for the provision of sunrise notes on the expected impact of bills and resolutions that authorize the creation of new boards and new types of special purpose districts.
[ 2023 c 470 s 2060; 1995 c 399 s 81; 1987 c 342 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Sunrise notes—Procedure.


title: RCW 43.133.040

text:
Sunrise notes shall include:
(1) The purpose and expected impact of the new board or special purpose district;
(2) The powers and duties of the new board or special purpose district;
(3) The direct or potential duplication of the powers and duties of existing boards or special purpose districts; and
(4) Other information relevant to the need for the new board or special purpose district.
[ 1987 c 342 s 4.]

catchline: Sunrise notes—Contents.


title: RCW 43.133.050

text:
(1) The office of financial management shall prepare sunrise notes for legislation concerning the creation of new boards. The department of commerce shall prepare sunrise notes for legislation creating new types of special purpose districts.
(2) A sunrise note shall be prepared for all executive and agency request legislation that creates a board or special purpose district.
(3) The office of financial management or the department of commerce shall also provide a sunrise note at the request of any committee of the legislature.
[ 2023 c 470 s 2061; 1995 c 399 s 82; 1987 c 342 s 5.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Sunrise notes—Preparation.


title: RCW 43.133.060

text:
Sunrise notes shall be filed with:
(1) The committee to which the bill or resolution was referred upon introduction in the house of origin;
(2) The senate committee on ways and means or its successor;
(3) The house of representatives committee on ways and means or its successor;
(4) The senate governmental operations committee or its successor; and
(5) The house of representatives state government committee or its successor.
[ 1987 c 342 s 6.]

catchline: Sunrise notes—Filing.


title: RCW 43.133.070

text:
Legislative standing committees shall forward notification and the sunrise note, if available, to the senate or house of representatives ways and means committee and the senate governmental operations committee or the house of representatives state government committee whenever a bill providing for the creation of a new board or special purpose district is voted out of the standing committee.
[ 1987 c 342 s 7.]

catchline: Forwarding of notification and sunrise note to committees when standing committee votes out bill creating board or special purpose district.


title: RCW 43.133.080

text:
Nothing in this chapter prevents either house of the legislature from acting on any bill or resolution before it as otherwise provided by the state Constitution, by law, and by the rules and joint rules of the senate and house of representatives, nor shall the lack of any sunrise note as provided in this chapter or any error in the accuracy thereof affect the validity of any measure otherwise duly passed by the legislature.
[ 1987 c 342 s 8.]

catchline: Effect of chapter on validity of legislative action.


title: RCW 43.133.900

text:
This chapter shall be known as the Washington sunrise act.
[ 1987 c 342 s 9.]

catchline: Short title.


title: RCW 43.135.025

text:
(1) Each November, the economic and revenue forecast council shall calculate the fiscal growth factor for each fiscal year of the current biennium and the ensuing biennium.
(2) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.
(a) "Fiscal growth factor" means the average growth in state personal income for the prior ten fiscal years.
(b) "General fund" means the state general fund.
[ 2020 c 218 s 3; 2015 3rd sp.s. c 29 s 3; 2009 c 479 s 35; 2005 c 72 s 4; (2006 c 56 s 7 expired July 1, 2007); 2000 2nd sp.s. c 2 s 1; 1994 c 2 s 2 (Initiative Measure No. 601, approved November 2, 1993).]
Notes:
Effective date—2020 c 218: See note following RCW 43.88.030.
Effective date—2015 3rd sp.s. c 29: "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 immediately [July 6, 2015]." [ 2015 3rd sp.s. c 29 s 5.]
Findings—2015 3rd sp.s. c 29: "The legislature finds that under the state supreme court's decision and subsequent orders in McCleary v. State, the state has an Article IX constitutional obligation to make significant enhancements to the program of basic education over the next biennia. The legislature further finds that the state expenditure limit was first enacted in 1993 as part of Initiative Measure No. 601, and that Washington has undergone many changes in the intervening years, including a recession during which state general fund revenues and expenditures actually declined despite population growth and increased demands for public services. Finally, the legislature finds that the new state requirements for a four-year balanced budget and budget outlook process provide a better tool for balancing and controlling the state budget while fulfilling constitutional requirements than does the state expenditure limit process. For these reasons, during the biennia in which the legislature is phasing in its Article IX obligations and for the ensuing biennium, the legislature is temporarily suspending the state expenditure limit." [ 2015 3rd sp.s. c 29 s 1.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Expiration date—2006 c 56 ss 7 and 8: "Sections 7 and 8 of this act expire July 1, 2007." [ 2006 c 56 s 12.]
Effective dates—2006 c 56: See note following RCW 41.45.230.
Findings—2005 c 72: "The legislature finds that the citizens of the state benefit from a state expenditure limit that ensures that the state budget operates with stability and predictability, while encouraging the establishment of budget priorities and a periodic review of state programs and the delivery of state services. A state expenditure limit can prevent budgeting crises that can occur because of increased spending levels during periods of revenue surplus followed by drastic reductions in state services in lean years. The citizens of the state are best served by an expenditure limit that keeps pace with the growth in the state's economy yet ensures budget discipline and taxpayer protection. For these reasons, the legislature finds that modifications to the state expenditure limit, after ten years of experience following the initial implementation of Initiative Measure No. 601, will recognize the economic productivity of the state's economy and better balance the needs of the citizens for essential government services with the obligation of the legislature for strict spending accountability and protection of its taxpayers." [ 2005 c 72 s 1.]
Effective dates—2005 c 72: "(1) Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 18, 2005].
(2) Sections 3 through 6 of this act take effect July 1, 2007." [ 2005 c 72 s 7.]
Effective date—2000 2nd sp.s. c 2: "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, 2000." [ 2000 2nd sp.s. c 2 s 4.]

catchline: Fiscal growth factor.


title: RCW 43.135.031

text:
(1) For any bill introduced in either the house of representatives or the senate that raises taxes as defined by RCW 43.135.034 or increases fees, the office of financial management must expeditiously determine its cost to the taxpayers in its first ten years of imposition, must promptly and without delay report the results of its analysis by public press release via email to each member of the house of representatives, each member of the senate, the news media, and the public, and must post and maintain these releases on its website. Any ten-year cost projection must include a year-by-year breakdown. For any bill containing more than one revenue source, a ten-year cost projection for each revenue source will be included along with the bill's total ten-year cost projection. The press release shall include the names of the legislators, and their contact information, who are sponsors and cosponsors of the bill so they can provide information to, and answer questions from, the public.
(2) Any time any legislative committee schedules a public hearing on a bill that raises taxes as defined by RCW 43.135.034 or increases fees, the office of financial management must promptly and without delay report the results of its most up-to-date analysis of the bill required by subsection (1) of this section and the date, time, and location of the hearing by public press release via email to each member of the house of representatives, each member of the senate, the news media, and the public, and must post and maintain these releases on its website. The press release required by this subsection must include all the information required by subsection (1) of this section and the names of the legislators, and their contact information, who are members of the legislative committee conducting the hearing so they can provide information to, and answer questions from, the public.
(3) Each time a bill that raises taxes as defined by RCW 43.135.034 or increases fees is approved by any legislative committee or by at least a simple majority in either the house of representatives or the senate, the office of financial management must expeditiously reexamine and redetermine its ten-year cost projection due to amendment or other changes during the legislative process, must promptly and without delay report the results of its most up-to-date analysis by public press release via email to each member of the house of representatives, each member of the senate, the news media, and the public, and must post and maintain these releases on its website. Any ten-year cost projection must include a year-by-year breakdown. For any bill containing more than one revenue source, a ten-year cost projection for each revenue source will be included along with the bill's total ten-year cost projection. The press release shall include the names of the legislators, and their contact information, and how they voted on the bill so they can provide information to, and answer questions from, the public.
(4) For the purposes of this section, "names of legislators, and their contact information" includes each legislator's position (senator or representative), first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone number, and office email address.
(5) For the purposes of this section, "news media" means any member of the press or media organization, including newspapers, radio, and television, that signs up with the office of financial management to receive the public press releases by email.
(6) For the purposes of this section, "the public" means any person, group, or organization that signs up with the office of financial management to receive the public press releases by email.
[ 2013 c 1 s 5 (Initiative Measure No. 1185, approved November 6, 2012); 2016 c 1 s 4 (Initiative Measure No. 1366, approved November 3, 2015); 2008 c 1 s 2 (Initiative Measure No. 960, approved November 6, 2007).]
Notes:
Reviser's note: The Washington state supreme court ruled in Lee v. State, 185 Wn.2d 608, 374 P.3d 157 (2016) that Initiative Measure No. 1366 (chapter 1, Laws of 2016) is in violation of the single-subject rule of Article II, section 19 of the state Constitution and is therefore void in its entirety. This section is published without the amendment contained in Initiative Measure No. 1366.
Intent—Construction—Short title—2013 c 1 (Initiative Measure No. 1185): See notes following RCW 43.135.034.
Findings—Intent—2008 c 1 (Initiative Measure No. 960): "Washington has a long history of public interest in tax increases. The people have clearly and consistently illustrated their ongoing and passionate desire to ensure that taxpayers are protected. The people find that even without raising taxes, the government consistently receives revenue growth many times higher than the rate of inflation every year. With this measure, the people intend to protect taxpayers by creating a series of accountability procedures to ensure greater legislative transparency, broader public participation, and wider agreement before state government takes more of the people's money. This measure protects taxpayers and relates to tax and fee increases imposed by state government. This measure would require publication of cost projections, information on public hearings, and legislators' sponsorship and voting records on bills increasing taxes and fees, allow either two-thirds legislative approval or voter approval for tax increases, and require advisory votes on tax increases blocked from citizen referendum.
The intent of sections 2, 3, and 4 of this act: The people want a thorough, independent analysis of any proposed increase in taxes and fees. The people find that legislators too often do not know the costs to the taxpayers for their tax and fee increases and this fiscal analysis by the office of financial management will provide better, more accessible information. The people want a user-friendly method to track the progress of bills increasing taxes and fees, finding that transparency and openness leads to more public involvement and better understanding. The people want information on public hearings and legislators' sponsorship and voting records on bills increasing taxes and fees and want easy access to contact information of legislators so the people's voice can be heard. Section 2(5) and (6) of this act are intended to provide active, engaged citizens with the opportunity to be notified of the status of bills increasing taxes and fees. Such a notification system is already being provided by the state supreme court with regard to judicial rulings. Intent of RCW 43.88A.020: The cost projection reports required by section 2 of this act will simplify and facilitate the creation of fiscal notes. The people want the office of financial management to fully comply with the cost projections and other requirements of section 2 [of this act] on bills increasing taxes or fees before fiscal notes. Cost projections and the other information required by section 2 [of this act] are critically important for the legislature, the media, and the public to receive before fiscal notes.
The intent of section 5 of this act: The two-thirds requirement for raising taxes has been on the books since 1993 and the people find that this policy has provided the legislature with a much stronger incentive to use existing revenues more cost-effectively rather than reflexively raising taxes. The people want this policy continued and want it to be clear that tax increases inside and outside the general fund are subject to the two-thirds threshold. If the legislature cannot receive a two-thirds vote in the house of representatives and senate to raise taxes, the Constitution provides the legislature with the option of referring the tax increase to the voters for their approval or rejection at an election using a referendum bill. The people expect the legislature to respect, follow, and abide by the law, on the books for thirteen years, to not raise taxes in excess of the state expenditure limit without two-thirds legislative approval and a vote of the people. Intent of RCW 43.135.035(5): When it comes to enactment of tax increases exceeding the state expenditure limit, the legislature has, in recent years, shifted money between funds to get around the voter approval requirement for tax increases above the state expenditure limit as occurred in 2005 with sections 1607 and 1701 of Engrossed Substitute Senate Bill No. 6090. RCW 43.135.035(5) is intended to clarify the law so that the effective taxpayer protection of requiring voter approval for tax increases exceeding the state expenditure limit is not circumvented.
The intent of sections 6 through 13 of this act: Our state Constitution guarantees to the people the right of referendum. In recent years, however, the legislature has thwarted the people's constitutional right to referendum by excessive use of the emergency clause. In 2005, for example, the legislature approved five hundred twenty-three bills and declared ninety-eight of them, nearly twenty percent, "emergencies," insulating them all from the constitution's guaranteed right to referendum. The courts' reviews of emergency clauses have resulted in inconsistent decisions regarding the legality of them in individual cases. The people find that, if they are not allowed to vote on a tax increase, good public policy demands that at least the legislature should be aware of the voters' view of individual tax increases. An advisory vote of the people at least gives the legislature the views of the voters and gives the voters information about the bill increasing taxes and provides the voters with legislators' names and contact information and how they voted on the bill. The people have a right to know what is happening in Olympia. Intent of section 6(1) of this act: If the legislature blocks a citizen referendum through the use of an emergency clause or a citizen referendum on the tax increase is not certified for the next general election ballot, then an advisory vote on the tax increase is required. Intent of section 6(4) of this act: If there's a binding vote on the ballot, there's no need for a nonbinding vote.
The intent of section 14 of this act: The people want to return the authority to impose or increase fees from unelected officials at state agencies to the duly elected representatives of the legislature or to the people. The people find that fee increases should be debated openly and transparently and up-or-down votes taken by our elected representatives so the people are given the opportunity to hold them accountable at the next election." [ 2008 c 1 s 1 (Initiative Measure No. 960, approved November 6, 2007).]
Construction—2008 c 1 (Initiative Measure No. 960): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2008 c 1 s 15 (Initiative Measure No. 960, approved November 6, 2007).]
Severability—2008 c 1 (Initiative Measure No. 960): "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." [ 2008 c 1 s 16 (Initiative Measure No. 960, approved November 6, 2007).]
Subheadings and part headings not law—2008 c 1 (Initiative Measure No. 960): "Subheadings and part headings used in this act are not part of the law." [ 2008 c 1 s 17 (Initiative Measure No. 960, approved November 6, 2007).]
Short title—2008 c 1 (Initiative Measure No. 960): "This act shall be known and cited as the taxpayer protection act of 2007." [ 2008 c 1 s 18 (Initiative Measure No. 960, approved November 6, 2007).]
Effective date—2008 c 1 (Initiative Measure No. 960): "This act takes effect December 6, 2007." [ 2008 c 1 s 19 (Initiative Measure No. 960, approved November 6, 2007).]

catchline: Bills raising taxes or fees—Cost analysis—Press release—Notice of hearings—Updated analyses.


title: RCW 43.135.034

text:
(1) For the purposes of this chapter, "raises taxes" means any action or combination of actions by the state legislature that increases state tax revenue deposited in any fund, budget, or account, regardless of whether the revenues are deposited into the general fund.
(2) The state or any political subdivision of the state may not impose any tax on intangible property listed in RCW 84.36.070 as that statute exists on January 1, 1993.
[ 2023 c 102 s 30; 2020 c 218 s 4; 2015 3rd sp.s. c 44 s 421; 2013 c 1 s 2 (Initiative Measure No. 1185, approved November 6, 2012); 2011 c 1 s 2 (Initiative Measure No. 1053, approved November 2, 2010).]
Notes:
Effective date—2020 c 218: See note following RCW 43.88.030.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Intent—2013 c 1 (Initiative Measure No. 1185): "This initiative should deter the governor and the legislature from sidestepping, suspending, or repealing any of Initiative 1053's policies which voters approved by a huge margin in 2010. The people insist that tax increases receive either two-thirds legislative approval or voter approval and fee increases receive a simple majority vote. These important policies ensure that taxpayers will be protected and that taking more of the people's money will always be an absolute last resort." [ 2013 c 1 s 1 (Initiative Measure No. 1185, approved November 6, 2012).]
Construction—2013 c 1 (Initiative Measure No. 1185): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2013 c 1 s 7 (Initiative Measure No. 1185, approved November 6, 2012).]
Short title—2013 c 1 (Initiative Measure No. 1185): "This act is known and may be cited as "Save The 2/3's Vote For Tax Increases (Again) Act."" [ 2013 c 1 s 9 (Initiative Measure No. 1185, approved November 6, 2012).]
Contingent effective date—2011 c 1 ss 2 and 3 (Initiative Measure No. 1053): "Sections 2 and 3 of this act take effect if, during the 2010 legislative session, the legislature amends or repeals RCW 43.135.035." [ 2011 c 1 s 9 (Initiative Measure No. 1053, approved November 2, 2010).]
Intent—2011 c 1 (Initiative Measure No. 1053): "This initiative should deter the governor and the legislature from sidestepping, suspending, or repealing any of Initiative 960's policies in the 2010 legislative session. But regardless of legislative action taken during the 2010 legislative session concerning Initiative 960's policies, the people intend, by the passage of this initiative, to require either two-thirds legislative approval or voter approval for tax increases and majority legislative approval for fee increases. These important policies ensure that taking more of the people's money will always be an absolute last resort." [ 2011 c 1 s 1 (Initiative Measure No. 1053, approved November 2, 2010).]
Construction—2011 c 1 (Initiative Measure No. 1053): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2011 c 1 s 6 (Initiative Measure No. 1053, approved November 2, 2010).]
Short title—2011 c 1 (Initiative Measure No. 1053): "This act shall be known and cited as Save The 2/3's Vote For Tax Increases Act of 2010." [ 2011 c 1 s 8 (Initiative Measure No. 1053, approved November 2, 2010).]

catchline: "Raises taxes" defined—Taxes on intangible property.


title: RCW 43.135.055

text:
(1) A fee may only be imposed or increased in any fiscal year if approved with a simple majority vote in both the house of representatives and the senate and must be subject to the accountability procedures required by RCW 43.135.031.
(2) This section does not apply to an assessment made by an agricultural commodity commission or board created by state statute or created under a marketing agreement or order under chapter 15.65 or 15.66 RCW, or to the forest products commission, if the assessment is approved by referendum in accordance with the provisions of the statutes creating the commission or board or chapter 15.65 or 15.66 RCW for approving such assessments.
[ 2013 c 1 s 4 (Initiative Measure No. 1185, approved November 6, 2012); 2011 c 1 s 5 (Initiative Measure No. 1053, approved November 2, 2010); 2008 c 1 s 14 (Initiative Measure No. 960, approved November 6, 2007); 2001 c 314 s 19; 1997 c 303 s 2; 1994 c 2 s 8 (Initiative Measure No. 601, approved November 2, 1993).]
Notes:
Intent—Construction—Short title—2013 c 1 (Initiative Measure No. 1185): See notes following RCW 43.135.034.
Intent—Construction—Short title—2011 c 1 (Initiative Measure No. 1053): See notes following RCW 43.135.034.
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
Findings—Construction—2001 c 314: See RCW 15.100.010 and 15.100.900.
Findings—1997 c 303: "The legislature finds that Initiative Measure No. 601, adopted by the people of the state of Washington, limits fee increases by requiring that any increases in fees beyond the levels expressly allowed under the initiative receive the prior approval of the legislature. The legislature finds that a more direct system of allowing the people to control fee increases predates Initiative Measure No. 601. This system developed in agricultural communities and provides these communities with direct control of the fees of the agricultural commodity commissions they created to serve them. The system requires those who pay the assessments levied by commodity commissions and boards to approve of assessment increases by referendum. It is at the heart of the statutes and marketing orders and agreements under which agricultural commodity commissions and boards are created. The legislature does not believe that the adoption of Initiative Measure No. 601 was intended to dilute in any manner this more direct control held by the people governed by commodity commissions or boards over the fees they pay in the form of such assessments. Therefore, the legislature defers to this more direct control of these assessments so long as the authority to approve or disapprove of increases in these assessments is by referendum held directly by those who pay them." [ 1997 c 303 s 1.]
Effective date—1997 c 303 ss 1-3: "Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 9, 1997]." [ 1997 c 303 s 9.]
Toll increases in excess of fiscal growth factor: RCW 47.46.120.

catchline: Fee restrictions—Exception.


title: RCW 43.135.060

text:
(1) After July 1, 1995, the legislature shall not impose responsibility for new programs or increased levels of service under existing programs on any political subdivision of the state unless the subdivision is fully reimbursed by the state for the costs of the new programs or increases in service levels. Reimbursement by the state may be made by: (a) A specific appropriation; or (b) increases in state distributions of revenue to political subdivisions occurring after January 1, 1998.
(2) If by order of any court, or legislative enactment, the costs of a federal or local government program are transferred to or from the state, the otherwise applicable state expenditure limit shall be increased or decreased, as the case may be, by the dollar amount of the costs of the program.
(3) The legislature, in consultation with the office of financial management or its successor agency, shall determine the costs of any new programs or increased levels of service under existing programs imposed on any political subdivision or transferred to or from the state.
(4) Subsection (1) of this section does not apply to the costs incurred for voting devices or machines under RCW 29A.12.150.
[ 2015 c 53 s 71; 1998 c 321 s 15 (Referendum Bill No. 49, approved November 3, 1998); 1994 c 2 s 5 (Initiative Measure No. 601, approved November 2, 1993); 1990 2nd ex.s. c 1 s 601; 1990 c 184 s 2; 1980 c 1 s 6 (Initiative Measure No. 62, approved November 6, 1979).]
Notes:
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Effective dates—Application—1998 c 321 ss 1-21, 44, and 45: See note following RCW 82.14.045.
Referral to electorate—1998 c 321 ss 1-21 and 44-46: See note following RCW 82.14.045.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Local government reimbursement claims: RCW 4.92.280.

catchline: Prohibition of new or extended programs without full reimbursement—Transfer of programs—Determination of costs.


title: RCW 43.135.902

text:
This chapter may be known and cited as the taxpayer protection act.
[ 1994 c 2 s 10 (Initiative Measure No. 601, approved November 2, 1993).]

catchline: Short title—1994 c 2.


title: RCW 43.136.011

text:
The legislature recognizes that tax preferences are enacted to meet objectives which are determined to be in the public interest. However, some tax preferences may not be efficient or equitable tools for the achievement of current public policy objectives. Given the changing nature of the economy and tax structures of other states, the legislature finds that periodic performance audits of tax preferences are needed to determine if their continued existence will serve the public interest. The legislature further finds that tax preferences that are enacted for economic development purposes must demonstrate growth in full-time family-wage jobs with health and retirement benefits. Given that an opportunity cost exists with each economic choice, it is the intent of the legislature that the overall impact of economic development-focused tax preferences benefit the state's economy.
[ 2011 c 335 s 1; 2006 c 197 s 1.]

catchline: Findings—Intent.


title: RCW 43.136.021

text:
As used in this chapter, "tax preference" means an exemption, exclusion, or deduction from the base of a state tax; a credit against a state tax; a deferral of a state tax; or a preferential state tax rate.
[ 2006 c 197 s 2.]

catchline: "Tax preference" defined.


title: RCW 43.136.035

text:
(1) The citizen commission for performance measurement of tax preferences is created.
(2) The commission has seven members as follows:
(a) One member is the state auditor, who is a nonvoting member;
(b) One member is the chair of the joint legislative audit and review committee, who is a nonvoting member;
(c) The chair of each of the two largest caucuses of the senate and the two largest caucuses of the house of representatives shall each appoint a member. None of these appointees may be members of the legislature; and
(d) The governor shall select the seventh member.
(3) Persons appointed by the caucus chairs should be individuals who represent a balance of perspectives and constituencies, and have a basic understanding of state tax policy, government operations, and public services. These appointees should have knowledge and expertise in performance management, fiscal analysis, strategic planning, economic development, performance assessments, or closely related fields.
(4) The commission shall elect a chair from among its voting or nonvoting members. Decisions of the commission must be made using the sufficient consensus model. For the purposes of this subsection, "sufficient consensus" means the point at which the vast majority of the commission favors taking a particular action. If the commission determines that sufficient consensus cannot be reached, a vote must be taken. The commission must allow a minority report to be included with a decision of the commission, if requested by a member of the commission.
(5) Members serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial terms, the members appointed by the chairs of senate caucuses shall serve four-year terms, the members appointed by the chairs of house of representatives caucuses shall serve three-year terms, and the member appointed by the governor shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.
(6) The joint legislative audit and review committee shall provide clerical, technical, and management personnel to the commission to serve as the commission's staff. The department of revenue shall provide necessary support and information to the joint legislative audit and review committee.
(7) The commission shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the commission. The members of the commission shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
[ 2006 c 197 s 3.]

catchline: Citizen commission for performance measurement of tax preferences.


title: RCW 43.136.045

text:
(1) The citizen commission for performance measurement of tax preferences must develop a schedule to accomplish an orderly review of tax preferences at least once every ten years. In determining the schedule, the commission must consider the order the tax preferences were enacted into law, in addition to other factors including but not limited to grouping preferences for review by type of industry, economic sector, or policy area. The commission may elect to include, anywhere in the schedule, a tax preference that has a statutory expiration date. The commission must omit from the schedule tax preferences that are required by constitutional law, sales and use tax exemptions for machinery and equipment for manufacturing, research and development, or testing, the small business credit for the business and occupation tax, sales and use tax exemptions for food and prescription drugs, property tax relief for retired persons, and property tax valuations based on current use, and may omit any tax preference that the commission determines is a critical part of the structure of the tax system. As an alternative to the process under RCW 43.136.055, the commission may recommend to the joint legislative audit and review committee an expedited review process for any tax preference.
(2) The commission must revise the schedule as needed each year, taking into account newly enacted or terminated tax preferences. The commission must deliver the schedule to the joint legislative audit and review committee by September 1st of each year.
(3) The commission must provide a process for effective citizen input during its deliberations.
[ 2011 c 335 s 2; 2006 c 197 s 4.]

catchline: Schedule for review of tax preferences—Expedited review—Citizen input.


title: RCW 43.136.055

text:
(1) The joint legislative audit and review committee must review tax preferences according to the schedule developed under RCW 43.136.045. The committee must consider, but not be limited to, the following factors in the review as relevant to each particular tax preference:
(a) The classes of individuals, types of organizations, or types of industries whose state tax liabilities are directly affected by the tax preference;
(b) Public policy objectives that might provide a justification for the tax preference, including but not limited to the legislative history, any legislative intent, or the extent to which the tax preference encourages business growth or relocation into this state, promotes growth or retention of high wage jobs, or helps stabilize communities;
(c) Evidence that the existence of the tax preference has contributed to the achievement of any of the public policy objectives;
(d) The extent to which continuation of the tax preference might contribute to any of the public policy objectives;
(e) The extent to which the tax preference may provide unintended benefits to an individual, organization, or industry other than those the legislature intended;
(f) The extent to which terminating the tax preference may have negative effects on the category of taxpayers that currently benefit from the tax preference, and the extent to which resulting higher taxes may have negative effects on employment and the economy;
(g) The feasibility of modifying the tax preference to provide for adjustment or recapture of the tax benefits of the tax preference if the objectives are not fulfilled;
(h) Fiscal impacts of the tax preference, including past impacts and expected future impacts if it is continued. For the purposes of this subsection, "fiscal impact" includes an analysis of the general effects of the tax preference on the overall state economy, including, but not limited to, the effects of the tax preference on the consumption and expenditures of persons and businesses within the state;
(i) The extent to which termination of the tax preference would affect the distribution of liability for payment of state taxes;
(j) The economic impact of the tax preference compared to the economic impact of government activities funded by the tax for which the tax preference is taken at the same level of expenditure as the tax preference. For purposes of this subsection the economic impact shall be determined using the Washington input-output model as published by the office of financial management;
(k) Consideration of similar tax preferences adopted in other states, and potential public policy benefits that might be gained by incorporating corresponding provisions in Washington.
(2) For each tax preference, the committee must provide a recommendation as to whether the tax preference should be continued without modification, modified, scheduled for sunset review at a future date, or terminated immediately. The committee may recommend accountability standards for the future review of a tax preference.
[ 2011 c 335 s 3; 2006 c 197 s 5.]

catchline: Review of tax preferences by joint legislative audit and review committee—Recommendations.


title: RCW 43.136.065

text:
(1) The joint legislative audit and review committee shall report its findings and recommendations for scheduled tax preferences to the citizen commission for performance measurement of tax preferences by August 30th of each year. The commission may review and comment on the report of the committee. The committee may revise its report based on the comments of the commission. The committee shall prepare a final report that includes the comments of the commission and submit the final report to the finance committee of the house of representatives and the ways and means committee of the senate by December 30th.
(2) The joint legislative audit and review committee shall submit a special report reviewing all tax preferences that have statutory expiration dates between June 30, 2005, and January 1, 2007. For the special report, the committee shall complete a review under RCW 43.136.055, and obtain comments of the citizen commission for performance measurement of tax preferences under subsection (1) of this section, to the extent possible. The committee shall submit the special report to the finance committee of the house of representatives and the ways and means committee of the senate by January 12, 2006.
(3) Following receipt of a report under this section, the finance committee of the house of representatives and the ways and means committee of the senate shall jointly hold a public hearing to consider the final report and any related data.
[ 2006 c 197 s 6.]

catchline: Reports to the citizen commission—Reports to the legislature—Public hearings.


title: RCW 43.136.075

text:
Upon request of the citizen commission for performance measurement of tax preferences or the joint legislative audit and review committee, the department of revenue and the department of employment security shall provide information needed by the commission or committee to meet its responsibilities under this chapter.
[ 2006 c 197 s 7.]

catchline: Information from the department of revenue and the employment security department.


title: RCW 43.136.080

text:
(1) The legislative auditor, with the assistance of a task force, must make recommendations on the appropriate data and metrics that should be included in tax preference performance statements to evaluate new tax preferences, as provided under RCW 82.32.808.
(2)(a) The task force is comprised of five members: (i) One person from the department of revenue; (ii) one person from an association representing Washington businesses; (iii) one person from the office of financial management; (iv) the legislative auditor or a designee of the legislative auditor; and (v) an economist with substantial experience in state taxes.
(b) The task force must choose its chair from among its membership.
(3) By January 1, 2014, and in compliance with RCW 43.01.036, the legislative auditor must submit a report to the appropriate fiscal committees of the legislature the findings and recommendations of the task force.
[ 2013 2nd sp.s. c 13 s 1703.]
Notes:
Effective date—2013 2nd sp.s. c 13: See note following RCW 82.04.43393.

catchline: Tax preference performance statements—Task force created.


title: RCW 43.136.090

text:
By December 1, 2020, and in compliance with RCW 43.01.036, the joint legislative audit and review committee must provide an economic impact report to the legislature evaluating the impacts of changes made in chapter 207, Laws of 2014 regarding the leasehold tax and property tax treatment of property owned by a federally recognized Indian tribe. The economic impact report must indicate: The number of parcels and uses of land involved; the economic impacts to tribal governments; state and local government revenue reductions, increases, and shifts from all tax sources affected; impacts on public infrastructure and public services; impacts on business investment and business competition; a description of the types of business activities affected; impacts on the number of jobs created or lost; and any other data the joint legislative audit and review committee deems necessary in determining the economic impacts of chapter 207, Laws of 2014.
[ 2014 c 207 s 11.]
Notes:
Application—2014 c 207: See note following RCW 84.36.010.

catchline: Economic impact report.


title: RCW 43.143.005

text:
(1) Washington's coastal waters, seabed, and shorelines are among the most valuable and fragile of its natural resources.
(2) Ocean and marine-based industries and activities, such as fishing, aquaculture, tourism, and marine transportation have played a major role in the history of the state and will continue to be important in the future.
(3) Washington's coastal waters, seabed, and shorelines are faced with conflicting use demands. Some uses may pose unacceptable environmental or social risks at certain times.
(4) The state of Washington has primary jurisdiction over the management of coastal and ocean natural resources within three miles of its coastline. From three miles seaward to the boundary of the two hundred mile exclusive economic zone, the United States federal government has primary jurisdiction. Since protection, conservation, and development of the natural resources in the exclusive economic zone directly affect Washington's economy and environment, the state has an inherent interest in how these resources are managed.
[ 1997 c 152 s 1; 1989 1st ex.s. c 2 s 8.]

catchline: Legislative findings.


title: RCW 43.143.010

text:
(1) The purpose of this chapter is to articulate policies and establish guidelines for the exercise of state and local management authority over Washington's coastal waters, seabed, and shorelines.
(2) There shall be no leasing of Washington's tidal or submerged lands extending from mean high tide seaward three miles along the Washington coast from Cape Flattery south to Cape Disappointment, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of oil or gas exploration, development, or production.
(3) When conflicts arise among uses and activities, priority shall be given to resource uses and activities that will not adversely impact renewable resources over uses which are likely to have an adverse impact on renewable resources.
(4) It is the policy of the state of Washington to actively encourage the conservation of liquid fossil fuels, and to explore available methods of encouraging such conservation.
(5) It is not currently the intent of the legislature to include recreational uses or currently existing commercial uses involving fishing or other renewable marine or ocean resources within the uses and activities which must meet the planning and review criteria set forth in RCW 43.143.030. It is not the intent of the legislature, however, to permanently exclude these uses from the requirements of RCW 43.143.030. If information becomes available which indicates that such uses should reasonably be covered by the requirements of RCW 43.143.030, the permitting government or agency may require compliance with those requirements, and appeals of that decision shall be handled through the established appeals procedure for that permit or approval.
(6) The state shall participate in federal ocean and marine resource decisions to the fullest extent possible to ensure that the decisions are consistent with the state's policy concerning the use of those resources.
[ 1997 c 152 s 2; 1995 c 339 s 1; 1989 1st ex.s. c 2 s 9.]

catchline: Legislative policy and intent—Moratorium on leases for oil and gas exploration, development, or production—Appeals from regulation of recreational uses—Participation in federal ocean and marine resource decisions.


title: RCW 43.143.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Coastal counties" means Clallam, Jefferson, Grays Harbor, and Pacific counties.
(2) "Coastal waters" means the waters of the Pacific Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.
[ 1989 1st ex.s. c 2 s 10.]

catchline: Definitions.


title: RCW 43.143.030

text:
(1) When the state of Washington and local governments develop plans for the management, conservation, use, or development of natural resources in Washington's coastal waters, the policies in RCW 43.143.010 shall guide the decision-making process.
(2) Uses or activities that require federal, state, or local government permits or other approvals and that will adversely impact renewable resources, marine life, fishing, aquaculture, recreation, navigation, air or water quality, or other existing ocean or coastal uses, may be permitted only if the criteria below are met or exceeded:
(a) There is a demonstrated significant local, state, or national need for the proposed use or activity;
(b) There is no reasonable alternative to meet the public need for the proposed use or activity;
(c) There will be no likely long-term significant adverse impacts to coastal or marine resources or uses;
(d) All reasonable steps are taken to avoid and minimize adverse environmental impacts, with special protection provided for the marine life and resources of the Columbia river, Willapa Bay and Grays Harbor estuaries, and Olympic national park;
(e) All reasonable steps are taken to avoid and minimize adverse social and economic impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and recreational, commercial, and tribal fishing;
(f) Compensation is provided to mitigate adverse impacts to coastal resources or uses;
(g) Plans and sufficient performance bonding are provided to ensure that the site will be rehabilitated after the use or activity is completed; and
(h) The use or activity complies with all applicable local, state, and federal laws and regulations.
[ 1989 1st ex.s. c 2 s 11.]

catchline: Planning and project review criteria.


title: RCW 43.143.050

text:
(1) The Washington coastal marine advisory council is established in the executive office of the governor to fulfill the duties outlined in RCW 43.143.060.
(2)(a) Voting members of the Washington coastal marine advisory council shall be appointed by the governor or the governor's designee. The council consists of the following voting members:
(i) The governor or the governor's designee;
(ii) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
(A) The department of ecology;
(B) The department of natural resources;
(C) The department of fish and wildlife;
(D) The state parks and recreation commission;
(E) The department of commerce; and
(F) Washington sea grant;
(iii) The following members of the Washington coastal marine advisory council established by the department of ecology and as existing on January 15, 2013:
(A) One citizen from a coastal community;
(B) Two persons representing coastal commercial fishing;
(C) One representative from a coastal conservation group;
(D) One representative from a coastal economic development group;
(E) One representative from an educational institution;
(F) Two representatives from energy industries or organizations, one of which must be from the coast;
(G) One person representing coastal recreation;
(H) One person representing coastal recreational fishing;
(I) One person representing coastal shellfish aquaculture;
(J) One representative from the coastal shipping industry;
(K) One representative from a science organization;
(L) One representative from the coastal Washington sustainable salmon partnership;
(M) One representative from a coastal port; and
(N) One representative from each outer coast marine resources committee, to be selected by the marine resources committee.
(b) The Washington coastal marine advisory council shall adopt bylaws and operating procedures that may be modified from time to time by the council.
(3) The Washington coastal marine advisory council may invite state, tribal, local governments, federal agencies, scientific experts, and others with responsibility for the study and management of coastal and ocean resources or regulation of coastal and ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, perform collaborative research, and review any draft materials prepared by the council. The council may also invite representatives from other coastal states or Canadian provinces to participate, when appropriate, as nonvoting members.
(4) The chair of the Washington coastal marine advisory council must be nominated and elected by a majority of councilmembers. The term of the chair is one year, and the position is eligible for reelection. The agenda for each meeting must be developed as a collaborative process by councilmembers.
(5) The term of office of each member appointed by the governor is four years. Members are eligible for reappointment.
(6) The Washington coastal marine advisory council shall utilize a consensus approach to decision making. The council may put a decision to a vote among councilmembers, in the event that consensus cannot be reached. The council must include in its bylaws guidelines describing how consensus works and when a lack of consensus among councilmembers will trigger a vote.
(7) Consistent with available resources, the Washington coastal marine advisory council may hire a neutral convener to assist in the performance of the council's duties, including but not limited to the dissemination of information to all parties, facilitating selected tasks as requested by the councilmembers, and facilitation of setting meeting agendas.
(8) The department of ecology shall provide administrative and primary staff support for the Washington coastal marine advisory council.
(9) The Washington coastal marine advisory council must meet at least twice each year or as needed.
(10) A majority of the members of the Washington coastal marine advisory council constitutes a quorum for the transaction of business.
[ 2013 c 318 s 1.]