title: RCW 43.06.465

text:
(1) The governor may enter into a cigarette tax agreement with the Puyallup Tribe of Indians concerning the sale of cigarettes, subject to the limitations in this section. The legislature intends to address the uniqueness of the Puyallup Indian reservation and its selling environment through pricing and compliance strategies, rather than through the imposition of equivalent taxes. It is the legislature's intent (a) that an increase in prices through a flat tax will reduce much of the competitive advantage that has historically existed due to the discrepancy in the difference between state and tribal taxes, and (b) that the tribal retailers can remain in business under the changed circumstances. The governor may delegate the authority to negotiate a cigarette tax agreement with the Puyallup Tribe to the department of revenue. The department of revenue shall consult with the *liquor control board during the negotiations.
(2) Any agreement must require the tribe to impose a tax of eleven dollars and seventy-five cents on each carton of cigarettes, with ten packs a carton and twenty cigarettes per pack being the industry standard. This tax shall be prorated for cartons and packs that are nonstandard. This tribal tax is in lieu of the combined state and local sales and use taxes, and state cigarette taxes, and as such these state taxes are not imposed during the term of the agreement on any transaction governed by the agreement. The tribal tax shall increase or decrease by the same dollar amount as any increase or decrease in the state cigarette tax.
(3) The agreement must include a provision requiring the tribe to transmit thirty percent of the tribal tax revenue on all cigarette sales to the state. The funds shall be transmitted to the state treasurer on a quarterly basis for deposit by the state treasurer into the general fund. The remaining tribal tax revenue must be used for essential government services, as that term is defined in RCW 43.06.455.
(4) The agreement is limited to retail sales in which Indian retailers make delivery and physical transfer of possession of the cigarettes from the seller to the buyer within Indian country, and are not in regard to transactions by non-Indian retailers. In addition, agreements shall provide that retailers shall not sell or give, or permit to be sold or given, cigarettes to any person under the age of eighteen years.
(5)(a) The agreement must include a provision to price and sell the cigarettes so that the retail selling price is not less than the price paid by the retailer for the cigarettes.
(b) The tribal tax is in addition to the retail selling price.
(c) The agreement must include a provision to assure the price paid to the retailer includes the tribal tax, as evidenced by the tribe's cigarette stamp.
(d) If the tribe is acting as a wholesaler to tribal retailers, the retail selling price must not be less than the price the tribe paid for such cigarettes plus the tribal tax, as evidenced by the tribe's cigarette stamp.
(6)(a) The agreement must include provisions regarding enforcement and compliance by the tribe in regard to enrolled tribal members who sell cigarettes and shall describe the individual and joint responsibilities of the tribe, the department of revenue, and the *liquor control board.
(b) The agreement must include provisions for tax administration and compliance, such as transport and notice requirements, inspection procedures, stamping requirements, recordkeeping, and audit requirements.
(c) The agreement must include provisions for sharing of information among the tribe, the department of revenue, and the *liquor control board.
(7) The agreement must provide that all cigarettes possessed or sold by a tribal retailer shall bear a tribal cigarette stamp obtained by wholesalers from a bank or other suitable stamp vendor and applied to the cigarettes. Tribal stamps must have serial numbers or some other discrete identification so that each stamp can be traced to its source.
(8) The agreement must provide that retailers shall purchase cigarettes only from wholesalers or manufacturers licensed to do business in the state of Washington.
(9) The agreement must be for a renewable period of no more than eight years.
(10) The agreement must include provisions to resolve disputes using a nonjudicial process, such as mediation, and shall include a dispute resolution protocol. The protocol shall include a procedure for notifying the other party that a violation has occurred, a procedure for establishing whether a violation has in fact occurred, an opportunity to correct such violation, and a provision providing for termination of the agreement should the violation fail to be resolved through this process, such termination subject to mediation should the terms of the agreement so allow. An agreement must provide for termination of the agreement if resolution of a dispute does not occur within twenty-four months from the time notification of a violation has occurred. Intervening violations do not extend this time period.
(11) The agreement may not include any provisions that impact the state's share of the master settlement agreement, and as such this agreement does not authorize negotiation regarding a redistribution of the state's proceeds under the master settlement agreement.
(12) Information received by the state or open to state review under the terms of an agreement is subject to RCW 82.32.330.
(13) It is the intent of the legislature that the *liquor control board and the department of revenue continue the division of duties and shared authority under chapter 82.24 RCW.
(14) For purposes of this section:
(a) "Indian country" has the same meaning as in chapter 82.24 RCW.
(b) "Indian retailer" or "retailer" means (i) a retailer wholly owned and operated by an Indian tribe or (ii) a business wholly owned and operated by an enrolled tribal member and licensed by the tribe.
(c) "Indian tribe" or "tribe" means the Puyallup Tribe of Indians, which is a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.
[ 2005 c 11 s 2.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.
Findings—Intent—2005 c 11: "In 2001, the legislature enacted Engrossed Substitute Senate Bill No. 5372, which authorized the governor to enter into cigarette contracts with fourteen Indian tribes. In subsequent sessions, the legislature increased to twenty-one the number of tribes with whom the governor may negotiate under the terms of RCW 43.06.460. The legislature finds that this effort has been effective, as measured by the success of the existing agreements.
The legislature further finds the agreements resolved decades of conflict between the state and tribes over the sale of contraband cigarettes to non-Indians; benefited the tribes through tribal tax revenues; benefited the state because cigarettes are stamped and taxed; enhanced public health because access to low-priced cigarettes is reduced; improved law and order; and reduced the competitive advantage gained through the sale of tax-free cigarettes.
The 2001 legislation and its later amendments did not encompass the Puyallup Tribe of Indians within its scope due to the very different nature of the cigarette trade on the Puyallup Indian reservation. The legislature therefore intends to address the special circumstances on the Puyallup Indian reservation by recognizing the substantial distinctions and enacting legislation authorizing a cigarette tax agreement with the tribe that differs from the contracts entered into under RCW 43.06.460. Section 2 of this act provides the governor authority to enter into an agreement and sets forth the general framework for the agreement." [ 2005 c 11 s 1.]
Explanatory statement—Effective date—2005 c 11: "(1) On January 5, 2005, it was announced that a cigarette tax agreement had been reached between the state of Washington and the Puyallup Indian Tribe. Before being signed by the governor, the legislature must provide authorization to the governor to sign such an agreement. Because the state and the Puyallup Indian Tribe have reached an agreement in principle, time for implementation is of the essence.
(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 immediately [April 5, 2005]." [ 2005 c 11 s 6.]

catchline: Cigarette tax agreement with Puyallup Tribe of Indians.


doc_type: statute

jurisdiction: wa

title: RCW 43.06.466

text:
(1) The legislature finds that entering into a cigarette tax agreement with the Yakama Nation is a positive step and that such an agreement will support a stable and orderly environment on the Yakima Reservation for regulation of cigarette sales. The legislature further finds that the very special circumstances of the Yakama Nation pursuant to the Treaty with the Yakamas of 1855 (12 Stat. 951) support a cigarette tax agreement that reflects those circumstances. The legislature also finds that the provisions of the agreement with the Yakama Nation authorized by chapter 228, Laws of 2008 are reasonably necessary to prevent fraudulent transactions and place a minimal burden on the Yakama Nation, pursuant to the United States supreme court's decision in Washington v. Confederated Tribes of the Colville Indian Reservation, 447 U.S. 134 (1980).
It is the intent of the legislature that the cigarette tax agreement with the Yakama Nation reflects the uniqueness of the Yakama Nation's Treaty through specific terms that govern pricing of cigarettes, tribal cigarette tax revenue, information sharing, and administration of the agreement.
(2) For purposes of this section:
(a) "Cigarette" has the same meaning as in chapter 82.24 RCW; and
(b) "Tribal retailer" means a cigarette retailer as that term is defined in RCW 82.24.010 that is licensed by and located within the jurisdiction of the Yakama Nation and is wholly owned by the Yakama Nation or any of its enrolled members.
(3) The governor may enter into a cigarette tax agreement with the Yakama Nation, a federally recognized Indian tribe located within the geographical boundaries of the state of Washington, concerning the sale of cigarettes, subject to the provisions of this section. The governor may delegate the authority to negotiate the agreement to the department of revenue.
(4) The agreement must be for a renewable period of no more than eight years.
(5) All cigarettes possessed or sold by tribal retailers must be subject to the agreement, except cigarettes manufactured within the jurisdiction of the Yakama Nation by the Yakama Nation or its enrolled members.
(6) The agreement must allow the Yakama Nation to exempt its enrolled members from the tribal cigarette tax imposed under subsection (7) of this section.
(a) Sales of cigarettes exempt under this subsection must be subject to the requirements of subsection (9) of this section.
(b) The exemption must be provided only at the point of sale and reimbursement provided to the tribal retailer by the Yakama Nation.
(7) The agreement must require the Yakama Nation to impose and maintain in effect on the sale of cigarettes by tribal retailers a tax as provided in this subsection.
(a) The rate of tax will be expressed in dollars and cents and must be the percentage of tax imposed by the state under chapter 82.24 RCW for the period of the agreement as stated here:
(i) Eighty percent during the first six years;
(ii) Eighty-four percent during the seventh year; and
(iii) Eighty-seven and six-tenths percent during the eighth year.
(b) The tax must be imposed on each carton, or portion of a carton, of cigarettes, with ten packs per carton and twenty cigarettes per pack being the industry standard, and prorated for cartons and packs that are not standard.
(c) The tax must be in lieu of the combined state and local sales and use taxes, and state cigarette taxes, and, as provided in RCW 82.24.302, 82.08.0316, and 82.12.0316, the taxes imposed by chapters 82.08, 82.12, and 82.24 RCW do not apply during the term of the agreement on any transaction governed by the agreement.
(d) Throughout the term of the agreement and any renewal of the agreement, the tax must increase or decrease in correspondence with the state cigarette tax by applying the percentages in (a) of this subsection.
(8) The revenue generated by the tax imposed under subsection (7) of this section must be used by the Yakama Nation for essential government services, as that term is defined in RCW 43.06.455.
(9) All cigarettes possessed or sold by a tribal retailer must bear a tribal cigarette tax stamp as provided in this subsection.
(a) The Yakama Nation may act as its own stamp vendor, subject to meeting reasonable requirements for internal controls.
(b) The stamps must have serial numbers or other discrete identification that allow stamps to be traced to their source.
(10) The price paid by the tribal retailer to the wholesaler must not be less than the total of the price paid by the Yakama Nation or other wholesaler and the tax imposed under subsection (7) of this section.
(11) The retail selling price of cigarettes sold by tribal retailers must not be less than the price paid by them under subsection (10) of this section.
(12) Tribal retailers must not sell or give, or permit to be sold or given, cigarettes to any person under the age of eighteen years.
(13) The authority and the individual and joint responsibility of the Yakama Nation, the department of revenue, and the *liquor control board for administration and enforcement must be specified in the agreement including, but not limited to, requirements regarding transport of cigarettes, keeping of records, reporting, notice, inspection, audit, and mutual exchange of information.
(a) Requirements must provide for sharing of information regarding transport of cigarettes in the state of Washington by the Yakama Nation or its enrolled members, reporting of information on sales to customers located outside the jurisdiction of the Yakama Nation, and authority for unannounced inspection by the state of tribal retailers to verify compliance with stamping and pricing provisions.
(b) Information received by the state or open to state review under the terms of the agreement is subject to RCW 82.32.330.
(14) The agreement must provide for resolution of disputes using a nonjudicial process, such as mediation, and establish a dispute resolution protocol that includes the following elements:
(a) A procedure for notifying the other party that a violation has occurred;
(b) A procedure for establishing whether a violation has in fact occurred;
(c) An opportunity to correct the violation;
(d) A procedure for terminating the agreement in the event of a failure to correct the violation, such termination subject to mediation should the terms of the agreement so allow; and
(e) Termination of the agreement for cause.
(15) The agreement may not include any provisions that impact the state's share of the master settlement agreement or concern redistribution of the state's proceeds under the master settlement agreement.
(16) The department of revenue may share with the Yakama Nation tax information under RCW 82.32.330 that is necessary for the Yakama Nation's compliance with the agreement.
[ 2008 c 228 s 1.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.
Authorization for agreement—2008 c 228: "In December 2007 it was announced that a cigarette tax agreement between the state of Washington and the Yakama Nation had been reached in principle. The legislature must provide authorization to the governor to sign such an agreement. Because the parties have reached an agreement in principle, time for implementation is of the essence." [ 2008 c 228 s 5.]
Effective date—2008 c 228: "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 [March 28, 2008]." [ 2008 c 228 s 6.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Cigarette tax agreement—Yakama Nation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.06.468

text:
In recognition of the sovereign authority of tribal governments, the governor may seek government-to-government consultations with federally recognized Indian tribes regarding raising the minimum legal age of sale in compacts entered into pursuant to RCW 43.06.455, 43.06.465, 43.06.466, and 43.06.505 through 43.06.515. The office of the governor shall report to the appropriate committees of the legislature regarding the status of such consultations no later than December 1, 2020.
[ 2019 c 445 s 307; 2019 c 15 s 11.]
Notes:
Reviser's note: 2019 c 445 s 307 takes effect October 1, 2019; however, this session law amended 2019 c 15 s 11, which takes effect January 1, 2020.
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.
Effective date—2019 c 15: See note following RCW 26.28.080.

catchline: Raising the minimum legal age of sale in certain compacts—Consultations with federally recognized Indian tribes—Report to legislature.


title: RCW 43.06.475

text:
(1) The governor may enter into timber harvest excise tax agreements concerning the harvest of timber. All timber harvest excise tax agreements must meet the requirements for timber harvest excise tax agreements under this section. The terms of a timber harvest excise tax agreement are not effective unless the agreement is authorized in RCW 43.06.480.
(2) Timber harvest excise tax agreements shall be in regard to timber harvests on fee land within the exterior boundaries of the reservation of the Indian tribe and are not in regard to timber harvests on trust land or land owned by the tribe within the exterior boundaries of the reservation.
(3) The agreement must provide that the tribal tax shall be credited against the state and county taxes imposed under RCW 84.33.041 and 84.33.051.
(4) Tribal ordinances for timber harvest excise taxation, or other authorizing tribal laws, which implement the timber harvest excise tax agreement with the state, must incorporate or contain provisions identical to chapter 84.33 RCW that relate to the tax rates and measures, such as stumpage values.
(5) Timber harvest excise tax agreements must be for renewable periods of no more than eight years.
(6) Timber harvest excise tax agreements must include provisions for compliance, such as inspection procedures, recordkeeping, and audit requirements.
(7) Tax revenue retained by the tribe must be used for essential government services. Use of tax revenue for subsidization of timber harvesters is prohibited.
(8) The timber harvest excise tax agreement may include provisions to resolve disputes using a nonjudicial process, such as mediation.
(9) The governor may delegate the power to negotiate the timber harvest excise tax agreements to the department of revenue.
(10) Information received by the state or open to state review under the terms of a timber harvest excise tax agreement is subject to the provisions of RCW 82.32.330. The department of revenue may enter into an information sharing agreement with the tribe to facilitate sharing information to improve tax collection.
(11) The timber harvest excise tax agreement must include dispute resolution procedures, contract termination procedures, and provisions delineating the respective roles and responsibilities of the tribe and the department of revenue.
(12) The timber harvest excise tax agreement must include provisions to require taxpayers to submit information that may be required by the department of revenue or tribe.
(13) For the purposes of this section:
(a) "Essential government services" means services such as forestland management; protection, enhancement, regulation, and stewardship of forested land; land consolidation; tribal administration; public facilities; fire; police; public health; education; job services; sewer; water; environmental and land use; transportation; utility services; and public facilities serving economic development purposes as those terms are defined in *RCW 82.14.370(3)(c);
(b) "Forestland" has the same meaning as in RCW 84.33.035;
(c) "Harvester" has the same meaning as in RCW 84.33.035;
(d) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington; and
(e) "Timber" has the same meaning as in RCW 84.33.035.
[ 2007 c 69 s 2.]
Notes:
*Reviser's note: RCW 82.14.370 was amended by 2024 c 58 s 1, changing subsection (3)(c) to subsection (4).
Findings—Intent—2007 c 69: "The legislature finds that in certain areas of taxation, where both a tribe and the state have jurisdiction and where there are challenges to administering a tax, tax agreements between the state and a tribe are a sound approach to resolving issues and simplifying processes. The legislature specifically recognizes that in the area of the timber excise tax, within the boundaries of the Quinault Reservation, the state faces challenges due to access to land and access to taxpayers. The activity being taxed takes place entirely within the reservation and is regulated by the tribe and by the state. The legislature therefore finds that shifting from a state administered tax, to a tribal tax credited against the state tax, will bring benefits such as consistent taxation, improved forest practices and water quality, improved fisheries, and sustainability. The legislature intends to further the government-to-government relationship between the state of Washington and the Quinault Nation by authorizing the governor to enter into an agreement related to timber harvest excise taxes." [ 2007 c 69 s 1.]

catchline: Timber harvest excise tax agreements.


title: RCW 43.06.480

text:
(1) The governor is authorized to enter into a timber harvest excise tax agreement with the Quinault Nation. Agreements adopted under this section must provide that the tribal timber harvest excise tax rate be one hundred percent of the state timber harvest excise tax.
(2) A timber harvest excise tax agreement under this section is subject to RCW 43.06.475.
[ 2007 c 69 s 3.]
Notes:
Findings—Intent—2007 c 69: See note following RCW 43.06.475.

catchline: Timber harvest excise tax agreements—Quinault Nation.


title: RCW 43.06.485

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the governor must maintain a senior policy advisor to the governor to serve as a state lead on economic development issues relating to the outdoor recreation sector of the state's economy. The advisor must focus on promoting, increasing participation in, and increasing opportunities for outdoor recreation in Washington, with a particular focus on achieving economic development and job growth through outdoor recreation.
(2) The success of the advisor must be based on measurable results relating to economic development strategies that more deliberately grow employment and outdoor recreation businesses, including:
(a) Strategies for increasing the number of new jobs directly or indirectly related to outdoor recreation, with a short-term goal of increasing employment in the sector by ten percent above the one hundred ninety-nine thousand jobs estimated to be connected to outdoor recreation as of 2015; and
(b) Strategies for increasing the twenty-one billion dollars of consumer spending in Washington, and the four and one-half billion dollars of spending from out-of-state visitors, estimated to be connected to outdoor recreation as of 2015.
[ 2015 c 245 s 2.]

catchline: Senior policy advisor to the governor—State lead for economic development relating to the outdoor recreation sector of the state's economy.


title: RCW 43.06.490

text:
(1) The governor may enter into agreements with federally recognized Indian tribes concerning cannabis. Cannabis agreements may address any cannabis-related issue that involves both state and tribal interests or otherwise has an impact on tribal-state relations. Such agreements may include, but are not limited to, the following provisions and subject matter:
(a) Criminal and civil law enforcement;
(b) Regulatory issues related to the commercial production, processing, sale, and possession of cannabis, and processed cannabis products, for both recreational and medical purposes;
(c) Medical and pharmaceutical research involving cannabis;
(d) Taxation in accordance with subsection (2) of this section;
(e) Any tribal immunities or preemption of state law regarding the production, processing, or marketing of cannabis; and
(f) Dispute resolution, including the use of mediation or other nonjudicial process.
(2)(a) Each cannabis agreement adopted under this section must provide for a tribal cannabis tax that is at least one hundred percent of the state cannabis excise tax imposed under RCW 69.50.535 and state and local sales and use taxes on sales of cannabis. Cannabis agreements apply to sales in which tribes, tribal enterprises, or tribal member-owned businesses (i) deliver or cause delivery to be made to or receive delivery from a cannabis producer, processor, or retailer licensed under chapter 69.50 RCW or (ii) physically transfer possession of the cannabis from the seller to the buyer within Indian country.
(b) The tribe may allow an exemption from tax for sales to the tribe, tribal enterprises, tribal member-owned businesses, or tribal members, on cannabis grown, produced, or processed within its Indian country, or for activities to the extent they are exempt under state or federal law from the state cannabis excise tax imposed under RCW 69.50.535 or state and local sales or use taxes on sales of cannabis. Medical cannabis products used in the course of medical treatments by a clinic, hospital, or similar facility owned and operated by a federally recognized Indian tribe within its Indian country may be exempted from tax under the terms of an agreement entered into under this section.
(3) Any cannabis agreement relating to the production, processing, and sale of cannabis in Indian country, whether for recreational or medical purposes, must address the following issues:
(a) Preservation of public health and safety;
(b) Ensuring the security of production, processing, retail, and research facilities; and
(c) Cross-border commerce in cannabis.
(4) The governor may delegate the power to negotiate cannabis agreements to the state liquor and cannabis board. In conducting such negotiations, the state liquor and cannabis board must, when necessary, consult with the governor and/or the department of revenue.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Indian country" has the same meaning as in RCW 82.24.010.
(b) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.
(c) "Cannabis" means "cannabis," "cannabis concentrates," "cannabis-infused products," and "useable cannabis," as those terms are defined in RCW 69.50.101.
[ 2022 c 16 s 33; 2015 c 207 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—Finding—2025 c 58; 2015 c 207: "The legislature intends to further the government-to-government relationship between the state of Washington and federally recognized Indian tribes in the state of Washington by authorizing the governor to enter into agreements concerning the regulation of cannabis. Such agreements may include provisions pertaining to: The lawful commercial production, processing, sale, and possession of cannabis for both recreational and medical purposes; cannabis-related research activities; law enforcement, both criminal and civil; and taxation. The legislature finds that these agreements will facilitate and promote a cooperative and mutually beneficial relationship between the state and the tribes regarding matters relating to the legalization of cannabis, particularly in light of the fact that federal Indian law precludes the state from enforcing its civil regulatory laws in Indian country. Such cooperative agreements will enhance public health and safety, ensure a lawful and well-regulated cannabis market, encourage economic development, and provide fiscal benefits to both the tribes and the state." [ 2025 c 58 s 4002; 2015 c 207 s 1.]

catchline: Cannabis agreements—Federally recognized Indian tribes—Tribal cannabis tax—Tax exemption.


title: RCW 43.06.495

text:
(1) The governor may enter into an agreement with another state or states for the purposes of:
(a) Cross-jurisdictional coordination and enforcement of cannabis-related businesses authorized to conduct business in this state, the other state, or both; and
(b) Cross-jurisdictional delivery of cannabis between this state and the other state.
(2) An agreement entered into under this section must ensure:
(a) Enforceable public health and safety standards are met and include a system to regulate and track the interstate delivery of cannabis;
(b) Any cannabis delivered into this state, prior to sale to a consumer, is:
(i) Tested in accordance with rules adopted by the department of agriculture under RCW 15.125.020, by the department of health under RCW 69.50.375, and by the liquor and cannabis board under RCW 69.50.342, 69.50.345, and 69.50.348;
(ii) Packaged and labeled in accordance with RCW 69.50.346 and rules adopted by the liquor and cannabis board under RCW 69.50.342 and 69.50.345; and
(c) Applicable taxes on the sale, delivery, and receipt of cannabis are collected.
(3) In accordance with an agreement entered into under this section:
(a) A cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer licensed under chapter 69.50 RCW may deliver cannabis to a person located in, and authorized to receive cannabis by, the other state.
(b) A cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer licensed under chapter 69.50 RCW may receive cannabis from a person located in, and authorized to export cannabis by, the other state.
(4) For the purposes of this section, "cannabis," "cannabis processor," "cannabis producer," "cannabis researcher," "cannabis retailer," and "person" have the meanings provided in RCW 69.50.101.
[ 2023 c 264 s 1.]
Notes:
Contingent effective date—2023 c 264: "(1) This act takes effect on the earlier of the date on which:
(a) Federal law is amended to allow for the interstate transfer of cannabis between authorized cannabis-related businesses; or
(b) The United States department of justice issues an opinion or memorandum allowing or tolerating the interstate transfer of cannabis between authorized cannabis-related businesses.
(2) If either of the conditions in subsection (1) of this section occur, the liquor and cannabis board must:
(a) Provide written notice of the effective date of section 1 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others deemed appropriate by the board;
(b) Provide written notice of statutory changes necessary to authorize the sale, delivery, and receipt of cannabis in accordance with an agreement entered into under section 1 of this act to the governor and the appropriate committees of the legislature; and
(c) Adopt rules necessary to authorize the sale, delivery, and receipt of cannabis in accordance with an agreement entered into under section 1 of this act." [ 2023 c 264 s 2.]

catchline: Cannabis agreements—Interstate. (Contingent effective date.)


title: RCW 43.06.505

text:
(1) The governor may enter into vapor product tax contracts concerning the sale of vapor products. All vapor product tax contracts must meet the requirements for vapor product tax contracts under this section.
(2) Vapor product tax contracts must be in regard to retail sales in which Indian retailers make delivery and physical transfer of possession of the vapor products from the seller to the buyer within Indian country, and are not in regard to transactions by non-Indian retailers. In addition, contracts may address the legal age of sale for vapor products pursuant to section 11, chapter 15, Laws of 2019.
(3) A vapor product tax contract with a tribe must provide for a tribal vapor product tax in lieu of all state vapor product taxes and state and local sales and use taxes on sales of vapor products in Indian country by Indian retailers. The tribe may allow an exemption for sales to tribal members.
(4) Vapor product tax contracts must provide that retailers must purchase vapor products only from:
(a) Wholesalers or manufacturers licensed to do business in the state of Washington;
(b) Out-of-state wholesalers or manufacturers who, although not licensed to do business in the state of Washington, agree to comply with the terms of the vapor product tax contract, are certified to the state as having so agreed, and do in fact so comply. However, the state may in its sole discretion exercise its administrative and enforcement powers over such wholesalers or manufacturers to the extent permitted by law;
(c) A tribal wholesaler that purchases only from a wholesaler or manufacturer described in (a), (b), or (d) of this subsection; and
(d) A tribal manufacturer.
(5) Vapor product tax contracts must be for renewable periods of no more than eight years.
(6) Vapor product tax contracts must include provisions for compliance, such as transport and notice requirements, inspection procedures, recordkeeping, and audit requirements.
(7) Tax revenue retained by a tribe must be used for essential government services. Use of tax revenue for subsidization of vapor products and food retailers is prohibited.
(8) The vapor product tax contract may include provisions to resolve disputes using a nonjudicial process, such as mediation.
(9) The governor may delegate the power to negotiate vapor product tax contracts to the department of revenue. The department of revenue must consult with the liquor and cannabis board during the negotiations.
(10) Information received by the state or open to state review under the terms of a contract is subject to the provisions of RCW 82.32.330.
(11) It is the intent of the legislature that the liquor and cannabis board and the department of revenue continue the division of duties and shared authority under chapter 82.25 RCW and therefore the liquor and cannabis board is responsible for enforcement activities that come under the terms of chapter 82.25 RCW.
(12) Each vapor product tax contract must include a procedure for notifying the other party that a violation has occurred, a procedure for establishing whether a violation has in fact occurred, an opportunity to correct such violation, and a provision providing for termination of the contract should the violation fail to be resolved through this process, such termination subject to mediation should the terms of the contract so allow. A contract must provide for termination of the contract if resolution of a dispute does not occur within twenty-four months from the time notification of a violation has occurred. Intervening violations do not extend this time period. In addition, the contract must include provisions delineating the respective roles and responsibilities of the tribe, the department of revenue, and the liquor and cannabis board.
(13) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Essential government services" means services such as tribal administration, public facilities, fire, police, public health, education, job services, sewer, water, environmental and land use, transportation, utility services, and economic development.
(b) "Indian country" has the same meaning as provided in RCW 82.24.010.
(c) "Indian retailer" or "retailer" means:
(i) A retailer wholly owned and operated by an Indian tribe;
(ii) A business wholly owned and operated by a tribal member and licensed by the tribe; or
(iii) A business owned and operated by the Indian person or persons in whose name the land is held in trust.
(d) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.
(e) "Vapor products" has the same meaning as provided in RCW 82.25.005.
[ 2019 c 445 s 302.]
Notes:
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.

catchline: Vapor product tax contracts—Requirements.


title: RCW 43.06.510

text:
(1) The governor is authorized to enter into vapor product tax contracts with federally recognized Indian tribes located within the geographical boundaries of the state of Washington. Each contract adopted under this section must provide that the tribal vapor product tax rate be one hundred percent of the state vapor product tax and state and local sales and use taxes. The tribal vapor product tax is in lieu of the state vapor product tax and state and local sales and use taxes, as provided in RCW 43.06.505(3).
(2) A vapor product tax contract under this section is subject to RCW 43.06.505 and is separate from a cigarette tax contract subject to RCW 43.06.455 or 43.06.466.
[ 2019 c 445 s 303.]
Notes:
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.

catchline: Vapor product tax contracts—Indian tribes.


title: RCW 43.06.515

text:
(1) The governor may enter into a vapor product tax agreement with the Puyallup Tribe of Indians concerning the sale of vapor products, subject to the limitations in this section. The legislature intends to address the uniqueness of the Puyallup Indian reservation and its selling environment through pricing and compliance strategies, rather than through the imposition of equivalent taxes. The governor may delegate the authority to negotiate a vapor product tax agreement with the Puyallup Tribe to the department of revenue. The department of revenue must consult with the liquor and cannabis board during the negotiations. An agreement under this section is separate from an agreement under RCW 43.06.465.
(2) Any agreement must require the tribe to impose a tribal vapor product tax with a tax rate that is ninety percent of the state vapor product tax. This tribal tax is in lieu of the combined state and local sales and use taxes and the state vapor product tax, and as such these state taxes are not imposed during the term of the agreement on any transaction governed by the agreement. The tribal vapor product tax must increase or decrease at the time of any increase or decrease in the state vapor product tax so as to remain at a level that is ninety percent of the rate of the state vapor product tax.
(3) The agreement must include a provision requiring the tribe to transmit thirty percent of the tribal tax revenue on all vapor products sales to the state. The funds must be transmitted to the state treasurer on a quarterly basis for deposit by the state treasurer into the general fund. The remaining tribal tax revenue must be used for essential government services, as that term is defined in RCW 43.06.505.
(4) The agreement is limited to retail sales in which Indian retailers make delivery and physical transfer of possession of the vapor products from the seller to the buyer within Indian country, and are not in regard to transactions by non-Indian retailers. In addition, agreements may address the legal age of sale for vapor products pursuant to section 11, chapter 15, Laws of 2019.
(5)(a) The agreement must include a provision to price and sell the vapor products so that the retail selling price is not less than the price paid by the retailer for the vapor products.
(b) The tribal tax is in addition to the retail selling price.
(c) The agreement must include a provision to assure the price paid to the retailer includes the tribal tax.
(d) If the tribe is acting as a distributor to tribal retailers, the retail selling price must not be less than the price the tribe paid for such vapor products plus the tribal tax.
(6)(a) The agreement must include provisions regarding enforcement and compliance by the tribe in regard to enrolled tribal members who sell vapor products and must describe the individual and joint responsibilities of the tribe, the department of revenue, and the liquor and cannabis board.
(b) The agreement must include provisions for tax administration and compliance, such as transport and notice requirements, inspection procedures, recordkeeping, and audit requirements.
(c) The agreement must include provisions for sharing of information among the tribe, the department of revenue, and the liquor and cannabis board.
(7) The agreement must provide that retailers must purchase vapor products only from distributors or manufacturers licensed to do business in the state of Washington.
(8) The agreement must be for a renewable period of no more than eight years.
(9) The agreement must include provisions to resolve disputes using a nonjudicial process, such as mediation, and must include a dispute resolution protocol. The protocol must include a procedure for notifying the other party that a violation has occurred, a procedure for establishing whether a violation has in fact occurred, an opportunity to correct such violation, and a provision providing for termination of the agreement should the violation fail to be resolved through this process, such termination subject to mediation should the terms of the agreement so allow. An agreement must provide for termination of the agreement if resolution of a dispute does not occur within twenty-four months from the time notification of a violation has occurred. Intervening violations do not extend this time period.
(10) Information received by the state or open to state review under the terms of an agreement is subject to RCW 82.32.330.
(11) It is the intent of the legislature that the liquor and cannabis board and the department of revenue continue the division of duties and shared authority under chapter 82.25 RCW.
(12) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Indian country" has the same meaning as provided in RCW 82.24.010.
(b) "Indian retailer" or "retailer" means:
(i) A retailer wholly owned and operated by an Indian tribe; or
(ii) A business wholly owned and operated by an enrolled tribal member and licensed by the tribe.
(c) "Indian tribe" or "tribe" means the Puyallup Tribe of Indians, which is a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.
(d) "Vapor products" has the same meaning as provided in RCW 82.25.005.
[ 2019 c 445 s 304.]
Notes:
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.

catchline: Vapor product tax contracts—Puyallup tribe.


title: RCW 43.06.520

text:
(1) The legislature intends to further the government-to-government relationship between the state of Washington and federally recognized Indian tribes in the state of Washington by authorizing the governor to enter into compacts concerning the state's retail sales, use, and business and occupation taxes on certain activities.
(2) The legislature finds that these compacts will benefit all Washingtonians by providing a means to promote economic development and providing needed revenues for tribal governments and Indian persons.
(3) The state and the tribes have a long-standing history of working together to develop cooperative agreements on taxation for cigarettes, fuel, timber, and cannabis. It is the legislature's intent, given the positive experiences from the nearly two decades of cooperation, to build on these successes and provide the governor with the authority to address state sales, use, and business and occupation taxes on certain activities.
(4) In addition, it is the legislature's intent that these compacts will have no impact on the taxation of any transaction that is the subject of other compacts, contracts, or agreements authorized elsewhere in this chapter.
(5) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 34; 2020 c 132 s 1.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: State sales, use, and business and occupation taxes—Indian tribe compacts—Findings—Intent.


title: RCW 43.06.523

text:
(1)(a) The governor may enter into compacts with tribes concerning revenue collected by the state from the state sales tax, state use tax, and certain state business and occupation taxes, to the extent these taxes are imposed on qualified transactions. All compacts must meet the requirements under this section.
(b)(i) Except with regard to the terms of a compacting tribe's qualified capital investment, the governor may delegate the authority to negotiate compacts to the department.
(ii) In negotiating the terms of a compacting tribe's qualified capital investment, the governor must be satisfied that the compacting tribe's qualified capital investment is substantially proportionate to the compacting tribe's estimated tax revenue under the compact as compared to qualified capital investments contained in other compacts. For purposes of estimating a compacting tribe's tax revenue under a compact, tax revenue from new development is not included in the estimate.
(2) Any compact or any amendment to an existing compact authorized under this section must include provisions that allow the compacting tribe to receive, beginning on the compact's or amendment's effective date, the following amounts of tax collected on qualified transactions and received by the state:
(a) One hundred percent of certain state business and occupation tax revenues;
(b) The first $500,000 of the total amount of state sales tax and state use tax collected during each calendar year from taxpayers, regardless of whether the taxpayers meet the requirements of a new development. If this $500,000 cap is reached during a calendar year, any amounts collected from taxpayers that do not meet the requirements of a new development will be deemed to have been collected and applied to the cap first, but only in the calendar month in which the cap is reached;
(c) The following amounts of state sales tax and state use tax collected during each calendar year from taxpayers meeting the requirements of a new development:
(i) Twenty-five percent of any amount over the cap described in (b) of this subsection (2); or
(ii) One hundred percent of any amount over the cap described in (b) of this subsection (2), if the compacting tribe has completed a qualified capital investment; and
(d) Beginning January 1st of the fourth calendar year following the compact's effective date, the following amounts of state sales tax and state use tax collected during each calendar year from taxpayers that do not meet the requirements of a new development:
(i) Twenty-five percent of any amount over the cap described in (b) of this subsection (2); or
(ii) One hundred percent of any amount over the cap described in (b) of this subsection (2), if the compacting tribe has completed a qualified capital investment.
(3) The parties to any compact must agree to include the following provisions in the compact:
(a) A process for determining when any qualified capital investment is complete;
(b) A process to verify compliance with the terms of the compact;
(c) A delineation of the respective roles and responsibilities of the compacting tribe and the department;
(d) A process to resolve disputes, including the use of a nonjudicial process;
(e) An agreement that the compact resolves all current and future disputes between the compacting tribe and state and local taxing authorities, while the compact is in effect, to the extent such disputes relate to the levying, assessment, and collection of taxes related to the following:
(i) Transactions between nonmembers, where such transactions are subject to any state sales tax, local sales tax, and any other taxes in effect or authorized as of June 11, 2020, except for any business and occupation tax under chapter 82.04 RCW other than certain state business and occupation taxes;
(ii) State and local use tax imposed on nonmembers and sourced to a location within the Indian country of the compacting tribe pursuant to RCW 82.32.730; and
(iii) State and local personal property taxes imposed on nonmembers;
(f) An agreement that in the event of a change in state tax laws that affects the negotiated terms of a compact, or a change in the department's interpretation regarding the property taxation of nonmember-owned improvements on Indian trust land:
(i) The parties must discuss in good faith any changes in the compact or this section that may be appropriate to preserve the intended benefits of the compact; and
(ii) A compacting tribe may terminate the compact if the good faith discussions do not result in a mutually satisfactory resolution;
(g)(i) An agreement that the department must perform all functions related to the administration and collection of the taxes collected on qualified transactions. The department may not impose any charge on a compacting tribe for these services. However, the department may seek legislative appropriations to cover its administrative costs associated with compact negotiations and administration.
(ii) As part of the department's authority under (g)(i) of this subsection (3), the department will apply the provisions contained in Title 82 RCW insofar as they are applicable to the taxes at issue in any compact authorized under this section;
(h) An agreement that the compacting tribe will provide information the department determines is necessary to fulfill the department's tax administration obligations under the compact, including information related to parcel ownership and business operations in the compact covered area; and
(i) Terms specifying the duration of the compact, and any related terms.
(4)(a) A compacting tribe may examine department records related to the payment of tax amounts to the compacting tribe. The compacting tribe must agree to keep information obtained from the department pursuant to a compact confidential to the same extent as the department is required to keep that information confidential pursuant to RCW 82.32.330.
(b) Information received by the state or open to state review under the terms of a compact is deemed tax information under RCW 82.32.330.
(5) The amounts in subsection (2) of this section must be paid to the compacting tribe on a monthly basis within 60 days after the department receives the tax amounts.
(6) All refunds and credits the department issues to taxpayers of amounts previously paid to the compacting tribe under the terms of a compact will be charged to the compacting tribe.
(7) Funds dedicated under RCW 82.08.020 and 82.12.0201 to the performance audits of government account under RCW 43.09.475 are not reduced by any payment to the compacting tribe.
(8) The department may adopt rules as may be necessary to administer the provisions of this section.
(9) This section does not affect the depositing of state sales tax, state use tax, and certain state business and occupation tax into the general fund as required by RCW 82.32.380.
(10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Certain state business and occupation tax" means the tax imposed in chapter 82.04 RCW with respect to any qualified transaction as defined in (o)(i) of this subsection (10).
(b) "Compact" means a compact authorized by this section.
(c)(i) "Compact covered area" means: (A) Trust land, whether located within or outside of the boundaries of the compacting tribe's reservation; and (B) fee land within the boundaries of the compacting tribe's reservation and under tribal or tribal-member ownership.
(ii) For purposes of this subsection (10)(c), "tribal or tribal- member ownership" means fee land with a greater than 50 percent ownership interest being held by any combination of the compacting tribe or its tribal members.
(iii) "Compact covered area" does not include any land that, as of June 11, 2020, was fee land in which one or more nonmembers held a majority ownership, but only with respect to:
(A) A business that was in operation on that land as of June 11, 2020, and continues to be in operation on that same land; or
(B) A substantially similar successor business to a business described in (c)(iii)(A) of this subsection (10) is in operation on that same land.
(d) "Compacting tribe" means, with respect to any specific compact, the tribe that is a party to the compact.
(e) "Department" means the department of revenue.
(f) "Effective date" means the date, negotiated by the parties to the compact or compact amendment, on which the department is required to begin administering the terms of such compact or compact amendment, as applicable.
(g) "Indian country" has the same meaning as provided in 18 U.S.C. Sec. 1151, as existing on June 11, 2020.
(h) "Indian reservation" means all lands, notwithstanding the issuance of any patent, within the boundaries of areas set aside by the United States for the use and occupancy of Indian tribes by treaty, law, or executive order, or otherwise designated or described "reservation" by any federal act, and that are currently recognized as "Indian reservations" by the United States department of the interior. The term applies to all land within the boundaries of the Indian reservation, regardless of whether the land is owned by nonmembers, tribal members, or an Indian tribe.
(i) "Indian tribe" or "tribe" means a federally recognized Indian tribe located at least partially within the geographical boundaries of the state of Washington and includes its enterprises, subsidiaries, and constituent parts.
(j) "Local sales tax" means any sales tax that a local taxing authority is authorized to impose under chapter 82.14 RCW, RCW 81.104.170, or any other provision of state law.
(k) "Local use tax" means any use tax that a local taxing authority is authorized to impose under chapter 82.14 RCW, RCW 81.104.170, or any other provision of state law.
(l) "New development" means, with respect to any specific compact and the compact covered area associated with that compact, a person that:
(i) Is subject to state sales tax or state use tax collection or payment obligations as a result of business activity within the compact covered area;
(ii) Conducts business operations in a structure within the compact covered area, and construction of that structure began on or after the compact's effective date, but not including any such construction involving the renovation of or addition to a structure existing before the compact's effective date; and
(iii) Has not previously been subject to state sales tax or state use tax collection or payment obligations as a result of that same business activity operated within a different structure located elsewhere within the compact covered area.
(m) "Nonmember" means, with respect to any specific compact:
(i) A natural person who is not a tribal member of the compacting tribe;
(ii) A tribe that is not the compacting tribe; or
(iii) Any entity where not more than 50 percent of the ownership interests are held by any combination of the compacting tribe or any tribal members of the compacting tribe.
(n) "Qualified capital investment" means a contribution to the development and construction of a project agreed to by the governor and the compacting tribe.
(o) "Qualified transaction" means:
(i) A retail sale subject to state sales tax, involving a seller and purchaser who are both nonmembers, and that is sourced to a location within the compact covered area pursuant to RCW 82.32.730; or
(ii) Any use by a nonmember upon which the state use tax is imposed and sourced to a location within the compact covered area pursuant to RCW 82.32.730.
(p) "State sales tax" means the tax imposed in RCW 82.08.020(1).
(q) "State use tax" means the tax imposed in RCW 82.12.020 at the rate in RCW 82.08.020(1).
(r) "Tribal member" means an enrolled member of a federally recognized tribe, or in the context of a marital community, the spouse of a tribal member of the compacting tribe.
[ 2025 c 136 s 1; 2020 c 132 s 2.]
Notes:
Savings—Local taxes—2025 c 136: "Nothing in this act in any way limits, restricts, reduces, or affects local taxes authorized under chapter 82.14 RCW, RCW 81.104.170, Title 35, 36, or 84 RCW, or any other provision of state law authorizing a local tax." [ 2025 c 136 s 2.]
Administration by department of revenue—2025 c 136: "The department of revenue may begin administering the provisions of this act on or after July 1, 2027." [ 2025 c 136 s 3.]
Application—2025 c 136: "This act applies to a compact or compact amendment, as applicable, with an effective date on or after January 1, 2028." [ 2025 c 136 s 4.]

catchline: State sales, use, and business and occupation taxes—Indian tribe compacts.


title: RCW 43.06.525

text:
Nothing in chapter 132, Laws of 2020 in any way limits, restricts, reduces, or affects local taxes authorized under chapter 82.14 RCW, RCW 81.104.170, Title 35, 36, or 84 RCW, or any other provision of state law authorizing a local tax.
[ 2020 c 132 s 3.]

catchline: State sales, use, and business and occupation taxes—Indian tribe compacts—Effect on local taxes.


title: RCW 43.06.530

text:
(1) The governor shall appoint a 988 hotline and behavioral health crisis system coordinator to provide project coordination and oversight for the implementation and administration of the 988 crisis hotline, other requirements of chapter 302, Laws of 2021, and other projects supporting the behavioral health crisis system. The coordinator shall:
(a) Oversee the collaboration between the department of health and the health care authority in their respective roles in supporting the crisis call center hubs, providing the necessary support services for 988 callers, and establishing adequate requirements and guidance for their contractors to fulfill the requirements of chapter 302, Laws of 2021;
(b) Ensure coordination and facilitate communication between stakeholders such as crisis call center hub contractors, behavioral health administrative service organizations, county authorities, other crisis hotline centers, managed care organizations, and, in collaboration with the state 911 coordination office, with 911 emergency communications systems;
(c) Review the development of adequate and consistent training for crisis call center personnel and, in coordination with the state 911 coordination office, for 911 operators with respect to their interactions with the crisis hotline center; and
(d) Coordinate implementation of other behavioral health initiatives among state agencies and educational institutions, as appropriate, including coordination of data between agencies.
(2) This section expires June 30, 2028.
[ 2023 c 454 s 8; 2021 c 302 s 107.]
Notes:
Findings—Intent—2021 c 302: See note following RCW 71.24.890.

catchline: National 988 hotline and behavioral health crisis system coordinator. (Expires June 30, 2028.)


title: RCW 43.06.535

text:
(1) The governor must maintain a children and youth multisystem care project director to serve as a state lead on addressing complex cases of children in crisis. The children and youth multisystem care project director must:
(a) Direct:
(i) The appropriate use of state and other resources to a child in crisis, and that child's family, if appropriate; and
(ii) Appropriate and timely action by state agencies to serve children in crisis;
(b) Have access to flexible funds to support:
(i) The safe discharge of children in crisis from hospitals; and
(ii) Long-term, appropriate placement for children in crisis who are dependent under chapter 13.34 RCW; and
(c) Coordinate with:
(i) The rapid response team established under RCW 43.216.205 to make sure that resources are effectively identified and mobilized for people who meet the definition of child in crisis and a youth or young adult exiting a publicly funded system of care; and
(ii) Youth behavioral health and inpatient navigator teams to efficiently and effectively mobilize services for a child in crisis.
(2) The children and youth multisystem care project director created under this section, in coordination with the department of children, youth, and families, the health care authority, the office of financial management, and the department of social and health services, shall develop and implement a rapid care team for the purpose of supporting and identifying appropriate services and living arrangements for a child in crisis, and that child's family, if appropriate.
(3) In creating the rapid care team required under this section, the children and youth multisystem care project director created under this section shall develop and implement a system for:
(a) Identifying children in crisis who should be served by the rapid care team;
(b) Initiating the rapid care team in a timely manner that reduces the time a child in crisis spends in a hospital without a medical need;
(c) Locating services and connecting youth and families with the appropriate services to allow the child in crisis to safely discharge from a hospital;
(d) Screening referrals for a child in crisis; and
(e) Determining when it would be appropriate for the department of children, youth, and families to provide services to a child in crisis as the:
(i) Youth meets the definition of a "child who is a candidate for foster care" under RCW 74.13.020;
(ii) Youth meets the definition of "dependent child" under RCW 13.34.030(6)(a) based on the child being abandoned; or
(iii) Family should be offered a voluntary placement agreement.
(4) The rapid care team under this section may provide assistance and support to a child in crisis, or the family of a child in crisis.
(5) The following individuals may refer a child in crisis to the rapid care team:
(a) A child in crisis themselves;
(b) A family member of the child in crisis;
(c) An advocate for the child in crisis;
(d) An educator;
(e) A law enforcement officer;
(f) An employee of the department of children, youth, and families;
(g) An employee of the department of social and health services;
(h) An employee of the health care authority;
(i) A service provider contracting with the department of children, youth, and families;
(j) A service provider contracting with the department of social and health services;
(k) A behavioral health service provider;
(l) A representative of a managed care organization;
(m) A representative from a youth behavioral health or inpatient navigator team;
(n) A person providing health care services to the child in crisis; or
(o) A hospital employee.
(6) The governor shall provide an annual report to the legislature including data and recommendations related to the rapid care team created in this section. The report required under this subsection must be submitted in compliance with RCW 43.01.036. The report required under this subsection must include the following:
(a) The number of children in crisis referred to the rapid care team and the types of people making referrals to the rapid care team;
(b) The demographic data of the children in crisis served by the rapid care team;
(c) The types of services and living arrangements identified by the rapid care team;
(d) The availability of the services and living arrangements identified as needed for the children in crisis served by the rapid care team;
(e) Any barriers that are preventing children in crisis from safely exiting the hospital setting when there is not a medical need for that hospital stay;
(f) Any barriers that are preventing children in crisis who are dependent under chapter 13.34 RCW from maintaining an appropriate and stable placement;
(g) Recommendations for earlier intervention to prevent children from becoming children in crisis;
(h) Discussion regarding the implementation of youth behavioral health and inpatient navigator programs and their role in serving children in crisis; and
(i) Recommendations for systemic changes that could replace the rapid care team in addressing complex cases involving a child in crisis.
(7) The following definitions apply to this section:
(a) "Child in crisis" means a person under age 18 who is:
(i) At risk of remaining in a hospital without medical necessity, without the ability to return to the care of a parent, and not dependent under chapter 13.34 RCW;
(ii) Staying in a hospital without medical necessity and who is unable to return to the care of a parent but is not dependent under chapter 13.34 RCW; or
(iii) Dependent under chapter 13.34 RCW, experiencing placement instability, and referred to the rapid care team by the department of children, youth, and families.
(b) "Rapid care team" means a team, whose work is managed and directed by the children and youth multisystem care project director created under this section, working to quickly identify the appropriate services and living arrangements for a child in crisis. A rapid care team must include:
(i) One designee from the health care authority;
(ii) One designee from the department of social and health services;
(iii) One designee from the office of financial management;
(iv) One designee from the developmental disabilities administration of the department of social and health services;
(v) One designee from the department of children, youth, and families; and
(vi) Any other entities, including governmental entities and managed care organizations, or individuals, including clinicians and other service providers, that the children and youth multisystem care project director deems appropriate to support a child in crisis.
(8) This section expires June 30, 2027.
[ 2025 c 161 s 1; 2023 c 423 s 1.]
Notes:
Effective date—2025 c 161: "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 [April 25, 2025]." [ 2025 c 161 s 2.]

catchline: Children and youth multisystem care project director. (Expires June 30, 2027.)


title: RCW 43.06.540

text:
(1) The office of the governor shall, to the extent possible with sufficient existing resources, support and facilitate coordination between various state agencies to follow the framework of the strategic plan developed under RCW 74.09.4951(6).
(2) The office of the governor may use private funding sources to support the strategic plan developed under RCW 74.09.4951(6), including the support and facilitation of coordination between state agencies described under subsection (1) of this section.
[ 2026 c 93 s 2.]

catchline: Children and youth behavioral health—Strategic plan—Coordination and support.


title: RCW 43.06.542

text:
Subject to the availability of sufficient private or other nonstate funding being available and used for this purpose, the office of the governor shall establish and maintain executive coordination for the children and youth system of care for the purposes of:
(1) Coordinating and monitoring the state government implementation of the Washington thriving strategic plan developed under RCW 74.09.4951(6) across various state agencies;
(2) Building the infrastructure described in the Washington thriving strategic plan developed under RCW 74.09.4951(6);
(3) Coordinating private funding used to support the Washington thriving strategic plan developed under RCW 74.09.4951(6); and
(4) Monitoring the equity impacts of implementation of the Washington thriving strategic plan developed under RCW 74.09.4951(6) in consultation with the Washington state office of equity.
[ 2026 c 93 s 3.]

catchline: Children and youth behavioral health—System of care—Executive coordination.


title: RCW 43.06.545

text:
The office of the governor may accept private or other nonstate funding for the purposes of RCW 43.06.540 and 43.06.542; however, nothing in chapter 93, Laws of 2026 prohibits the legislature from appropriating state funds for this purpose in the future.
[ 2026 c 93 s 6.]

catchline: Children and youth behavioral health—Nonstate funding.


title: RCW 43.06.547

text:
(1) The governor shall establish a leadership council to address children and youth health and wellness issues and coordinate efforts to implement the Washington thriving strategic plan developed under RCW 74.09.4951(6) and appoint members as provided in subsection (2) of this section.
(2) The children and youth behavioral health leadership council established in this section shall, at a minimum, include representation from:
(a) Representatives from state agencies involved in children and youth behavioral health or wellness activities identified by the governor;
(b) Individuals with lived experience caring for individuals with behavioral health issues experienced as a child or youth;
(c) One member from the children and youth behavioral health work group; and
(d) Two representatives of federally recognized Indian tribes whose traditional lands and territories included parts of Washington, nominated by the governor's Indian health advisory council established in RCW 43.71B.020. The participation of these representatives supports, but does not replace, tribal consultation requirements including an agency's responsibilities under chapter 43.376 RCW.
(3) The children and youth behavioral health leadership council established in this section shall:
(a) Report to the governor on state agency practices and provide recommendations for changes in state policy or practices that will help implement the Washington thriving strategic plan developed under RCW 74.09.4951(6);
(b) Provide easily accessible and publicly available updates regarding the actions, decisions, and recommendations of the leadership council; and
(c) Notify the governor and the appropriate committees of the legislature when it believes that the executive coordination for the children and youth system of care established in RCW 43.06.542 has accomplished the goals of that section and is no longer needed.
(4) The children and youth behavioral health leadership council established in this section may seek advice from the children and youth behavioral health work group established in RCW 74.09.4951.
[ 2026 c 93 s 5.]

catchline: Children and youth behavioral health—Leadership council.


title: RCW 43.06A.010

text:
There is hereby created an office of the family and children's ombuds within the office of the governor for the purpose of promoting public awareness and understanding of family, youth, and children services provided by the department of children, youth, and families, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family, youth, and children's services and the placement, supervision, and treatment of children, youth, and individuals in the state's care or in state-licensed facilities or residences and juvenile rehabilitation facilities. The ombuds shall report directly to the governor and shall exercise the ombuds' powers and duties independently of the secretary.
[ 2025 c 348 s 1; 2013 c 23 s 71; 1996 c 131 s 2.]
Notes:
Effective date—1996 c 131 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 shall take effect immediately [March 21, 1996]." [ 1996 c 131 s 7.]

catchline: Office created—Purpose.


title: RCW 43.06A.020

text:
(1) Subject to confirmation by the senate, the governor shall appoint an ombuds who shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in family and children's services law and policy. Prior to the appointment, the governor shall consult with, and may receive recommendations from the committee, regarding the selection of the ombuds.
(2) The person appointed ombuds shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombuds only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.
[ 2013 c 23 s 72; 1998 c 288 s 7; 1996 c 131 s 3.]
Notes:
Severability—1998 c 288: "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." [ 1998 c 288 s 8.]
Effective date—1998 c 288: "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 [April 2, 1998]." [ 1998 c 288 s 9.]
Effective date—1996 c 131 ss 1-3: See note following RCW 43.06A.010.

catchline: Ombuds—Appointment, term of office.


title: RCW 43.06A.030

text:
(1) The ombuds shall perform the following duties:
(a) Provide information as appropriate on the rights and responsibilities of individuals receiving services from the department of children, youth, and families, including family, youth, and children's services, juvenile justice, juvenile rehabilitation, and child early learning, and on the procedures for providing these services;
(b) Investigate, upon the ombud's own initiative or upon receipt of a complaint, an administrative act by the department of children, youth, and families alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombuds may decline to investigate any complaint as provided by rules adopted under this chapter;
(c) Monitor the procedures as established, implemented, and practiced by the department of children, youth, and families to carry out its responsibilities in delivering family, youth, and children's services and juvenile rehabilitation services, with a view toward appropriate preservation of families and ensuring health and safety;
(d) Review periodically the facilities and procedures of state institutions including juvenile rehabilitation facilities serving children, youth, individuals, and families, and state-licensed facilities or residences;
(e) Recommend changes in the procedures for addressing the needs of children, youth, individuals, and families, who receive care or services from the department of children, youth, and families;
(f) Submit annually to the oversight board for children, youth, and families created in RCW 43.216.015 and to the governor by November 1st a report analyzing the work of the department of children, youth, and families, including recommendations;
(g) Grant the oversight board for children, youth, and families access to all relevant records in the possession of the ombuds unless prohibited by law; and
(h) Adopt rules necessary to implement this chapter.
(2) For the purposes of this section, "child, youth, or individual" includes any person in the state's care or in state-licensed facilities or residences and juvenile rehabilitation facilities who is receiving services from the department of children, youth, and families.
[ 2025 c 348 s 2; 2018 c 58 s 77; 2017 3rd sp.s. c 6 s 112; 2013 c 23 s 73; 1996 c 131 s 4.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

catchline: Duties.


title: RCW 43.06A.050

text:
The ombuds shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombuds to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the ombuds shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the ombuds are confidential and are exempt from public disclosure under chapter 42.56 RCW.
[ 2013 c 23 s 74; 2005 c 274 s 294; 1996 c 131 s 6.]

catchline: Confidentiality.


title: RCW 43.06A.060

text:
Neither the ombuds nor the ombuds's staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence regarding the exercise of the official duties of the ombuds or of the ombuds's staff. All related memoranda, work product, notes, and case files of the ombuds's office are confidential, are not subject to discovery, judicial or administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding. This section shall not apply to the oversight board for children, youth, and families.
[ 2017 3rd sp.s. c 6 s 812; 2013 c 23 s 75; 1998 c 288 s 1.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Severability—Effective date—1998 c 288: See notes following RCW 43.06A.020.

catchline: Admissibility of evidence—Testimony regarding official duties.


title: RCW 43.06A.070

text:
Identifying information about complainants or witnesses shall not be subject to any method of legal compulsion, nor shall such information be revealed to the oversight board for children, youth, and families or the governor except under the following circumstances: (1) The complainant or witness waives confidentiality; (2) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the ombuds or ombuds's office when the identifying information is necessary to the investigation of the ombuds's acts; or (3) under an investigation or inquiry by the governor as to neglect of duty or misconduct by the ombuds or ombuds's office when the identifying information is necessary to the investigation of the ombuds's acts.
For the purposes of this section, "identifying information" includes the complainant's or witness's name, location, telephone number, likeness, social security number or other identification number, or identification of immediate family members.
[ 2017 3rd sp.s. c 6 s 813; 2013 c 23 s 76; 1998 c 288 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Severability—Effective date—1998 c 288: See notes following RCW 43.06A.020.

catchline: Release of identifying information.


title: RCW 43.06A.080

text:
The privilege described in RCW 43.06A.060 does not apply when:
(1) The ombuds or ombuds's staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;
(2) The ombuds or a member of the ombuds's staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk;
(3) The ombuds has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombuds's office; or
(4) The ombuds or ombuds's staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children's ombuds or any volunteer in the ombuds's office, to comply with RCW 26.44.030.
[ 2013 c 23 s 77; 1998 c 288 s 3.]
Notes:
Severability—Effective date—1998 c 288: See notes following RCW 43.06A.020.

catchline: Inapplicability of privilege in RCW 43.06A.060.


title: RCW 43.06A.085

text:
(1) An employee of the office of the family and children's ombuds is not liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of the department, an employee of a contracting agency of the department, a foster parent, or a recipient of family and children's services for any communication made, or information given or disclosed, to aid the office of the family and children's ombuds in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(3) All communications by an ombuds, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense in any action in libel or slander.
[ 2013 c 23 s 78; 2009 c 88 s 2; 1999 c 390 s 7.]

catchline: Liability for good faith performance—Privileged communications.


title: RCW 43.06A.090

text:
When the ombuds or ombuds's staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombuds or ombuds's staff member shall report the matter, or cause a report to be made, to the appropriate authorities.
[ 2013 c 23 s 79; 1998 c 288 s 4.]
Notes:
Severability—Effective date—1998 c 288: See notes following RCW 43.06A.020.

catchline: Report of conduct warranting criminal or disciplinary proceedings.


title: RCW 43.06A.100

text:
(1) The department of children, youth, and families shall:
(a) Allow the ombuds or the ombuds's designee to communicate privately with any child or person in the custody of the department of children, youth, and families, or any child or person who is part of a near fatality investigation by the department of children, youth, and families, for the purposes of carrying out its duties under this chapter;
(b) Permit the ombuds or the ombuds designee physical access to state institutions serving children, youth, and families, including juvenile rehabilitation facilities and state licensed facilities or residences, for the purpose of carrying out its duties under this chapter;
(c) Upon the ombuds's request, grant the ombuds or the ombuds's designee the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department of children, youth, and families that the ombuds considers necessary in an investigation; and
(d) Grant the office of the family and children's ombuds unrestricted online access to the child welfare case management information system, the juvenile rehabilitation case management system, and the department of children, youth, and families data information system for the purpose of carrying out its duties under this chapter.
(2) For the purposes of this section:
(a) "Near fatality" means an act that, as certified by a physician, places the child or person in serious or critical condition.
(b) "Child, youth, or individual" includes any person in the state's care or in state-licensed facilities or residences and juvenile rehabilitation facilities who is receiving services from the department of children, youth, and families.
(3) Nothing in this section creates a duty for the office of the family and children's ombuds under RCW 43.06A.030 as related to children in the care of an early learning program described in RCW 43.216.500 through 43.216.550, a licensed child care center, or a licensed child care home.
[ 2025 c 348 s 3; 2017 3rd sp.s. c 6 s 810; 2015 c 199 s 2; 2013 c 23 s 80; 2008 c 211 s 3; 1999 c 390 s 5.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Short title—2015 c 199: See note following RCW 43.216.650.

catchline: Communication with people in custody of department of children, youth, and families or part of a fatality investigation by the department of children, youth, and families—Access to information in possession or control of department of children, youth, and families or state institutions—Limitation on duty of office.


title: RCW 43.06A.110

text:
The office of the family and children's ombuds shall issue an annual report to the legislature on the status of the implementation of child fatality review recommendations.
[ 2013 c 23 s 81; 2008 c 211 s 2.]

catchline: Child fatality review recommendations—Annual report.


title: RCW 43.06A.900

text:
Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030.
[ 1998 c 288 s 5.]
Notes:
Severability—Effective date—1998 c 288: See notes following RCW 43.06A.020.

catchline: Construction.


title: RCW 43.06B.010

text:
(1) There is hereby created the office of the education ombuds within the office of the governor for the purposes of providing information to parents, students, and others regarding their rights and responsibilities with respect to the state's public elementary and secondary education system, and advocating on behalf of elementary and secondary students.
(2)(a) The governor shall appoint an ombuds who shall be a person of recognized judgment, independence, objectivity, and integrity and shall be qualified by training or experience or both in the following areas:
(i) Public education law and policy in this state;
(ii) Dispute resolution or problem resolution techniques, including mediation and negotiation; and
(iii) Community outreach.
(b) The education ombuds may not be an employee of any school district, the office of the superintendent of public instruction, or the state board of education while serving as an education ombuds.
(3) Before the appointment of the education ombuds, the governor shall share information regarding the appointment to a six-person legislative committee appointed and comprised as follows:
(a) The committee shall consist of three senators and three members of the house of representatives from the legislature.
(b) The senate members of the committee shall be appointed by the president of the senate. Two members shall represent the majority caucus and one member the minority caucus.
(c) The house of representatives members of the committee shall be appointed by the speaker of the house of representatives. Two members shall represent the majority caucus and one member the minority caucus.
(4) If sufficient appropriations are provided, the education ombuds shall delegate and certify regional education ombuds. The education ombuds shall ensure that the regional ombuds selected are appropriate to the community in which they serve and hold the same qualifications as in subsection (2)(a) of this section. The education ombuds may not contract with the superintendent of public instruction, or any school, school district, or current employee of a school, school district, or the office of the superintendent of public instruction for the provision of regional ombuds services.
(5)(a) Subject to amounts appropriated for this specific purpose, the education ombuds shall delegate and certify at least one special education ombuds to serve each educational service district region. The education ombuds shall ensure that the special education ombuds selected are appropriate to the community in which they serve and hold the same qualifications as in subsection (2)(a) of this section. The education ombuds may not contract with the superintendent of public instruction, or any school, school district, educational service district, or current employee of a school, school district, educational service district, or the office of the superintendent of public instruction for the provision of special education ombuds services.
(b) Special education ombuds must serve as a resource for students eligible for special education services and their parents, including:
(i) Advocating on behalf of the student for a free and appropriate public education from the public school system that emphasizes special education and related services that are:
(A) Provided in the least restrictive environment;
(B) Designed to meet the student's unique needs;
(C) Appropriately ambitious and reasonably calculated to enable a student to make progress in light of the student's circumstances; and
(D) Addressing the student's further education, employment, and independent living goals.
(ii) Assisting students and parents with individualized education program development, including:
(A) Preparing for a meeting to develop or update a student's individualized education program;
(B) Attending individualized education program meetings to help present the parents' concerns, negotiate components that meet the parents' goals and requests, or otherwise assist the parent in understanding and navigating the individualized education program process; and
(C) Attending an individualized education program meeting to assist in writing an appropriate program when a parent opts out or otherwise cannot attend.
[ 2023 c 417 s 5; 2013 c 23 s 82; 2006 c 116 s 3.]

catchline: Office created—Purposes—Appointment—Regional education ombuds—Special education ombuds.


title: RCW 43.06B.020

text:
The education ombuds shall have the following powers and duties:
(1) To develop parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements required by the superintendent of public instruction. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(2) To provide information to students, parents, and interested members of the public regarding this state's public elementary and secondary education system;
(3) To identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(4) To identify and recommend strategies for improving the success rates of ethnic and racial student groups and students with disabilities, with disproportionate academic achievement;
(5) To refer complainants and others to appropriate resources, agencies, or departments;
(6) To facilitate the resolution of complaints made by parents and students with regard to the state's public elementary and secondary education system;
(7) To perform such other functions consistent with the purpose of the education ombuds; and
(8) To consult with representatives of the following organizations and groups regarding the work of the office of the education ombuds, including but not limited to:
(a) The state parent teacher association;
(b) Certificated and classified school employees;
(c) School and school district administrators;
(d) Parents of special education students;
(e) Parents of English language learners;
(f) The Washington state commission on Hispanic affairs;
(g) The Washington state commission on African American affairs;
(h) The Washington state commission on Asian Pacific American affairs; and
(i) The governor's office of Indian affairs.
[ 2013 c 23 s 83; 2008 c 165 s 2; 2006 c 116 s 4.]

catchline: Powers and duties.


title: RCW 43.06B.030

text:
(1) Neither the education ombuds nor any regional educational ombuds are liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against any student or employee of any school district, the office of the superintendent of public instruction, or the state board of education, for any communication made, or information given or disclosed, to aid the education ombuds in carrying out his or her duties and responsibilities, unless the same was done without good faith or maliciously. This subsection is not intended to infringe upon the rights of a school district to supervise, discipline, or terminate an employee for other reasons or to discipline a student for other reasons.
(3) All communications by the education ombuds or the ombuds's staff or designee, if reasonably related to the education ombuds's duties and responsibilities and done in good faith, are privileged and that privilege shall serve as a defense to any action in libel or slander.
[ 2013 c 23 s 84; 2006 c 116 s 5.]


title: RCW 43.06B.040

text:
The education ombuds shall treat all matters, including the identities of students, complainants, and individuals from whom information is acquired, as confidential, except as necessary to enable the education ombuds to perform the duties of the office. Upon receipt of information that by law is confidential or privileged, the ombuds shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law.
[ 2013 c 23 s 85; 2006 c 116 s 6.]


title: RCW 43.06B.050

text:
The education ombuds shall report on the work and accomplishment of the office and advise and make recommendations to the governor, the legislature, and the state board of education annually. The initial report to the governor, the legislature, and the state board of education shall be made by September 1, 2007, and there shall be annual reports by September 1st each year thereafter. The annual reports shall provide at least the following information:
(1) How the education ombuds's services have been used and by whom;
(2) Methods for the education ombuds to increase and enhance family and community involvement in public education;
(3) Recommendations to eliminate barriers and obstacles to meaningful family and community involvement in public education; and
(4) Strategies to improve the educational opportunities for all students in the state, including recommendations from organizations and groups provided in RCW 43.06B.020(8).
[ 2013 c 23 s 86; 2006 c 116 s 7.]

catchline: Annual reports.


title: RCW 43.06B.060

text:
In addition to duties assigned under RCW 43.06B.020, the office of the education ombuds shall serve as the lead agency to provide resources and tools to parents and families about public school antiharassment policies and strategies.
[ 2013 c 23 s 87; 2010 c 239 s 3.]
Notes:
Finding—Intent—2010 c 239: "The legislature finds that despite a recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment policies by school districts, harassment of students continues and has not declined since the law was enacted. Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate more widely their antiharassment policies and procedures. The legislature intends to expand the tools, information, and strategies that can be used to combat harassment, intimidation, and bullying of students, and increase awareness of the need for respectful learning communities in all public schools." [ 2010 c 239 s 1.]

catchline: Public school antiharassment policies and strategies—Lead agency.


title: RCW 43.06B.070

text:
(1) By July 1, 2025, and in compliance with this section, the office of the education ombuds shall create a simple and uniform access point for the receipt of complaints involving the elementary and secondary education system. The purpose of the access point is to provide a single point of entry for complaints to be reported and then referred to the most appropriate individual or entity for dispute resolution at the lowest level of intercession.
(2) Any individual who has firsthand knowledge of a violation of federal, state, or local laws, policies or procedures, or of improper or illegal actions related to elementary or secondary education and performed by an employee, contractor, student, parent or legal guardian of a student, or member of the public may submit a complaint to the office of the education ombuds.
(3)(a) The office shall delineate a complaint resolution and referral process for reports received through the access point. The process must:
(i) Require that the office of the education ombuds assign a unique identifier to a complaint upon receipt before referring the complaint to the appropriate individual or entity for dispute resolution at the lowest level of intercession;
(ii) Link to all existing relevant complaint and investigative processes, such as the special education community complaint process, the discrimination complaint process, the process for reporting complaints related to harassment, intimidation, and bullying, the complaint process established under RCW 28A.300.0712, and the complaint and investigation provisions under RCW 28A.410.090 and 28A.410.095; and
(iii) Discourage frivolous complaints and complaints made in bad faith.
(b) The establishment of a process as required in this section does not confer additional authority to the office of the education ombuds to mitigate or oversee disputes.
(4) The office of the education ombuds, in collaboration with the office of the superintendent of public instruction, must develop protocols for the receipt, resolution, and referral of complaints and must design a communications plan to inform individuals who report complaints through the access point about the steps in the complaint resolution and referral process, including when to expect a response from the individual or entity charged with resolving the complaint.
(5) For the purposes of this section, "employee" or "contractor" means employees and contractors of the state educational agencies, educational service districts, public schools as defined in RCW 28A.150.010, the state school for the blind, and the center for deaf and hard of hearing youth.
[ 2025 c 369 s 307; 2024 c 219 s 1.]
Notes:
Intent—2025 c 369 ss 302-315: See note following RCW 28A.300.0711.
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Education system complaints—Uniform access point—Resolution and referral process.


title: RCW 43.06B.900

text: See note following RCW 28A.300.130.

catchline: Findings—Intent—2006 c 116.