title: RCW 43.03.310

text:
(1) The citizens' commission on salaries for elected officials shall study the relationship of salaries to the duties of members of the legislature, all elected officials of the executive branch of state government, and all judges of the supreme court, court of appeals, superior courts, and district courts, and shall fix the salary for each respective position.
(2) Except as provided otherwise in RCW 43.03.305 and this section, the commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all state officials, departments, and agencies.
(3) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(4) The members of the commission shall elect a chair from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than nine members of the commission.
(5) The commission shall file its initial schedule of salaries for the elected officials with the secretary of state no later than the first Monday in June, 1987, and shall file a schedule biennially thereafter. Each such schedule shall be filed in legislative bill form, shall be assigned a chapter number and published with the session laws of the legislature, and shall be codified by the statute law committee. The signature of the chair of the commission shall be affixed to each schedule submitted to the secretary of state. The chair shall certify that the schedule has been adopted in accordance with the provisions of state law and with the rules, if any, of the commission. Such schedules shall become effective ninety days after the filing thereof, except as provided in Article XXVIII, section 1 of the state Constitution. State laws regarding referendum petitions shall apply to such schedules to the extent consistent with Article XXVIII, section 1 of the state Constitution.
(6) Before the filing of any salary schedule, the commission shall first develop a proposed salary schedule and then hold no fewer than four regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. In the 2009-2011 fiscal biennium, the commission shall hold no more than two regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. At the last public hearing that is held as a regular meeting on the proposed schedule, the commission shall adopt the salary schedule as originally proposed or as amended at that meeting that will be filed with the secretary of state.
(7) All meetings, actions, hearings, and business of the commission shall be subject in full to the open public meetings act, chapter 42.30 RCW.
(8) Salaries of the officials referred to in subsection (1) of this section that are in effect on January 12, 1987, shall continue until modified by the commission under this section.
[ 2009 c 564 s 925; 1998 c 164 s 1; 1995 c 3 s 2; 1986 c 155 s 3.]
Notes:
Effective date—2009 c 564: See note following RCW 2.68.020.
Effective date—1995 c 3: See note following RCW 43.03.305.
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.

catchline: Duties of citizens' commission—Travel expenses—Chair—Schedule of salaries—Publication—Hearings.


doc_type: statute

jurisdiction: wa

title: RCW 43.04.010

text:
The legislature finds that the seal of the state of Washington is a symbol of the authority and sovereignty of the state and is a valuable asset of its people. It is the intent of the legislature to ensure that appropriate uses are made of the state seal and to assist the secretary of state in the performance of the secretary's constitutional duty as custodian of the seal.
[ 1988 c 120 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Legislative findings.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.04.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "State seal" means the seal of the state as described in Article XVIII, section 1 of the state Constitution and in RCW 1.20.080.
(2) "Secretary" means the secretary of state and any designee of the secretary of state.
[ 1988 c 120 s 2.]

catchline: Definitions.


title: RCW 43.04.030

text:
Except as otherwise provided in this chapter, the state seal shall be used for official purposes only.
[ 1988 c 120 s 3.]

catchline: Use of state seal—Official purposes.


title: RCW 43.04.040

text:
(1) The secretary of state may authorize the use of the state seal on commemorative and souvenir items, and for historical, educational, and civic purposes. Such authorization shall be in writing.
(2) Application for such authorization shall be in writing and shall be accompanied by a filing fee, the amount of which shall be determined by the secretary of state. The secretary shall set the fee at a level adequate to cover the administrative costs of processing the applications.
(3) If the secretary determines that a permitted use of the seal could financially benefit the state, the secretary may condition authorization upon a licensing agreement to secure those benefits for the state.
(4) The secretary of state shall adopt rules under chapter 34.05 RCW to govern the use of the seal in a manner consistent with this chapter. Any rule governing the use of the seal shall be designed to prevent inappropriate or misleading use of the seal and to assure tasteful and high quality reproduction of the seal. The rules shall also prescribe the circumstances when a licensing arrangement shall be required and the method for determining licensing fees.
[ 1988 c 120 s 4.]

catchline: Use of state seal—Commemorative and souvenir items—Historical, educational, and civil purposes—Application—Fee—Licensing agreements—Rules.


title: RCW 43.04.050

text:
(1) Except as otherwise provided in RCW 43.04.040, the state seal shall not be used on or in connection with any advertising or promotion for any product, business, organization, service, or article whether offered for sale for profit or offered without charge.
(2) The state seal shall never be used in a political campaign to assist or defeat any candidate for elective office.
(3) It is a violation of this chapter to use any symbol that imitates the seal or that is deceptively similar in appearance to the seal, in any manner that would be an improper use of the official seal itself.
(4) Nothing in this chapter shall prohibit the reproduction of the state seal for illustrative purposes by the news media if the reproduction by the news media is incidental to the publication or the broadcast. Nothing in this chapter shall prohibit a characterization of the state seal from being used in political cartoons.
[ 1988 c 120 s 5.]

catchline: Use of state seal—Prohibitions—Imitations.


title: RCW 43.04.060

text:
No use of the state seal may operate or be construed to operate in any way as an endorsement of any business, organization, product, service, or article.
[ 1988 c 120 s 6.]

catchline: Endorsements prohibited.


title: RCW 43.04.070

text:
Any person who violates RCW 43.04.050 (1) or (3) by using the state seal or an imitative or deceptively similar seal on or in connection with any product, business, organization, service, or article shall be liable for damages in a suit brought by the attorney general. The damages shall be equal to the gross monetary amount gained by the misuse of the state seal or the use of the imitative or deceptively similar seal, plus attorney's fees and other costs of the state in bringing the suit. The "gross monetary amount" is the total of the gross receipts that can be reasonably attributed to the misuse of the seal or the use of an imitative or deceptively similar seal. In addition to the damages, the violator is subject to a civil penalty imposed by the court in an amount not to exceed five thousand dollars. In imposing this penalty, the court shall consider the need to deter further violations of this chapter.
The attorney general may seek and shall be granted such injunctive relief as is appropriate to stop or prevent violations of this chapter.
[ 1988 c 120 s 7.]

catchline: Civil penalties—Injunctions.


title: RCW 43.04.080

text:
The secretary of state shall conduct investigations for violations of this chapter and may request enforcement by the attorney general.
[ 1988 c 120 s 8.]

catchline: Investigations—Enforcement.


title: RCW 43.04.090

text:
Any person who wilfully violates this chapter is guilty of a misdemeanor.
[ 1988 c 120 s 9.]

catchline: Criminal penalty.


title: RCW 43.04.100

text:
All fees, penalties, and damages received under this chapter shall be paid to the secretary of state and with the exception of the filing fee authorized in RCW 43.04.040(2) shall be deposited by the secretary into the capitol furnishings preservation committee account created in RCW 27.48.040.
[ 2007 c 453 s 4; 1988 c 120 s 10.]
Notes:
Findings—2007 c 453: See RCW 44.73.005.

catchline: Deposit of fees, penalties, and damages—Use.


title: RCW 43.05.005

text:
The legislature finds that, due to the volume and complexity of laws and rules it is appropriate for regulatory agencies to adopt programs and policies that encourage voluntary compliance by those affected by specific rules. The legislature recognizes that a cooperative partnership between agencies and regulated parties that emphasizes education and assistance before the imposition of penalties will achieve greater compliance with laws and rules and that most individuals and businesses who are subject to regulation will attempt to comply with the law, particularly if they are given sufficient information. In this context, enforcement should assure that the majority of a regulated community that complies with the law are not placed at a competitive disadvantage and that a continuing failure to comply that is within the control of a party who has received technical assistance is considered by an agency when it determines the amount of any civil penalty that is issued.
[ 1995 c 403 s 601.]

catchline: Findings.


title: RCW 43.05.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law or rules. The term does not include any criminal penalty, damage assessments, wages, premiums, or taxes owed, or interest or late fees on any existing obligation.
(2) "Regulatory agency" means an agency as defined in RCW 34.05.010 that has the authority to issue civil penalties. The term does not include the state patrol or any institution of higher education as defined in RCW 28B.10.016.
(3) "Technical assistance" includes:
(a) Information on the laws, rules, and compliance methods and technologies applicable to the regulatory agency's programs;
(b) Information on methods to avoid compliance problems;
(c) Assistance in applying for permits; and
(d) Information on the mission, goals, and objectives of the program.
(4) "Technical assistance documents" means documents prepared to provide information specified in subsection (3) of this section entitled a technical assistance document by the agency head or its designee. Technical assistance documents do not include notices of correction, violation, or enforcement action. Technical assistance documents do not impose mandatory obligations or serve as the basis for a citation.
[ 1999 c 236 s 1; 1995 c 403 s 602.]


title: RCW 43.05.020

text:
All regulatory agencies shall develop programs to encourage voluntary compliance by providing technical assistance consistent with statutory requirements. The programs shall include but are not limited to technical assistance visits, printed information, information and assistance by telephone, training meetings, and other appropriate methods to provide technical assistance. In addition, all regulatory agencies shall provide upon request a list of organizations, including private companies, that provide technical assistance. This list shall be compiled by the agencies from information submitted by the organizations and shall not constitute an endorsement by an agency of any organization.
[ 1995 c 403 s 603.]

catchline: Agency programs—List of technical assistance providers.


title: RCW 43.05.030

text:
(1) For the purposes of this chapter, a technical assistance visit is a visit by a regulatory agency to a facility, business, or other location that:
(a) Has been requested or is voluntarily accepted; and
(b) Is declared by the regulatory agency at the beginning of the visit to be a technical assistance visit.
(2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250.
(3) During a technical assistance visit, or within a reasonable time thereafter, a regulatory agency shall inform the owner or operator of the facility of any violations of law or agency rules identified by the agency as follows:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the agency requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the agency or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency.
[ 1996 c 206 s 2; 1995 c 403 s 604.]
Notes:
Findings—1996 c 206: "The legislature finds that many individuals and small businesses who are required to comply with laws and agency rules often do not have access to the Revised Code of Washington, the Washington Administrative Code, the United States Code, or the Code of Federal Regulations. In this case, those informed of violations do not know whether, or to what extent, the cited law or agency rule actually applies to their situation. In order to facilitate greater understanding of the law and agency rules, the legislature finds that those who make the effort to obtain technical assistance from a regulatory agency, and those who are issued a notice of correction, should be given the text of the specific section or subsection of the law or agency rule they are alleged to have violated." [ 1996 c 206 s 1.]

catchline: Technical assistance visit—Notice of violation.


title: RCW 43.05.040

text:
(1) The owner and operator shall be given a reasonable period of time to correct violations identified during a technical assistance visit before any civil penalty provided for by law is imposed for those violations. A regulatory agency may revisit a facility, business, or other location after a technical assistance visit and a reasonable period of time has passed to correct violations identified by the agency in writing and issue civil penalties as provided for by law for any uncorrected violations.
(2) During a visit under subsection (1) of this section, the regulatory agency may not issue civil penalties for violations not previously identified in a technical assistance visit, unless the violations are of the type for which the agency may issue a citation: (a) During a technical assistance visit under RCW 43.05.050; or (b) under RCW 43.05.090.
[ 2001 c 190 s 1; 1995 c 403 s 605.]

catchline: Time to correct violations—Revisit—Issuance of penalties.


title: RCW 43.05.050

text:
A regulatory agency that observes a violation during a technical assistance visit may issue a civil penalty as provided for by law if: (1) The individual or business has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) the issue involves sales taxes due to the state and the individual or business is not remitting previously collected sales taxes to the state; or (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars.
[ 1995 c 403 s 606.]

catchline: Issuance of penalty during technical assistance visit.


title: RCW 43.05.060

text:
(1) If in the course of any site inspection or visit that is not a technical assistance visit, the department of ecology becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.070, the department may issue a notice of correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.
[ 1996 c 206 s 3; 1995 c 403 s 607.]
Notes:
Findings—1996 c 206: See note following RCW 43.05.030.

catchline: Department of ecology—Notice of correction.


title: RCW 43.05.070

text:
The department of ecology may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; or (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars.
[ 1995 c 403 s 608.]

catchline: Department of ecology—Penalty.


title: RCW 43.05.080

text:
The provisions of RCW 43.05.060 and 43.05.070 affecting civil penalties issued by the department of ecology shall not apply to civil penalties for negligent discharge of oil as authorized under RCW 90.56.330 or to civil penalties as authorized under RCW 90.03.600 for unlawful use of water in violation of RCW 90.03.250 or 90.44.050.
[ 1995 c 403 s 609.]

catchline: Application of RCW 43.05.060 and 43.05.070—Limited.


title: RCW 43.05.090

text:
(1) Following a consultative visit pursuant to RCW 49.17.250, the department of labor and industries shall issue a report to the employer that the employer shall make available to its employees. The report shall contain:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of means to contact technical assistance services provided by the department; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) Following a compliance inspection pursuant to RCW 49.17.120, the department of labor and industries shall issue a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations:
(a) Are determined not to be of a serious nature;
(b) Have not been previously cited;
(c) Are not willful; and
(d) Do not have a mandatory penalty under chapter 49.17 RCW.
[ 1996 c 206 s 4; 1995 c 403 s 610.]
Notes:
Findings—1996 c 206: See note following RCW 43.05.030.

catchline: Department of labor and industries—Consultative visit, report—Compliance inspection, citation.


title: RCW 43.05.100

text:
(1) If in the course of any inspection or visit that is not a technical assistance visit, the department of agriculture, fish and wildlife, health, licensing, or natural resources becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.110, the department may issue a notice of correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.
[ 1996 c 206 s 5; 1995 c 403 s 611.]
Notes:
Findings—1996 c 206: See note following RCW 43.05.030.

catchline: Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction.


title: RCW 43.05.110

text:
The department of agriculture, fish and wildlife, health, licensing, or natural resources may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; [or] (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars; or (4) the violation was committed by a business that employed fifty or more employees on at least one day in each of the preceding twelve months. In addition, the department of fish and wildlife may issue a civil penalty provided for by law without first issuing a notice of correction for a violation of any rule dealing with seasons, catch or bag limits, gear types, or geographical areas for fish or wildlife removal, reporting, or disposal.
This section does not apply to the civil penalties imposed under *RCW 82.38.170(13).
[ 1998 c 176 s 84; 1995 c 403 s 612.]
Notes:
*Reviser's note: RCW 82.38.170 was amended by 2013 c 225 s 118, deleting subsection (13), effective July 1, 2016.

catchline: Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty.


title: RCW 43.05.120

text:
The date for compliance established by the department of ecology, labor and industries, agriculture, fish and wildlife, health, licensing, or natural resources pursuant to RCW 43.05.060, 43.05.090, or 43.05.100 respectively shall provide for a reasonable time to achieve compliance. Any person receiving a notice of correction pursuant to RCW 43.05.060 or 43.05.100 or a report or citation pursuant to RCW 43.05.090 may request an extension of time to achieve compliance for good cause from the issuing department. Requests shall be submitted to the issuing department and responded to by the issuing department in writing in accordance with procedures specified by the issuing department in the notice, report, or citation.
[ 1995 c 403 s 613.]

catchline: Time for compliance—Extension.


title: RCW 43.05.130

text:
The departments of revenue and labor and industries and the employment security department shall undertake an educational program directed at those who have the most difficulty in determining their tax or premium liability. The departments may rely on information from internal data, trade associations, and businesses to determine which entities should be selected. The educational programs may include, but not be limited to, targeted informational fact sheets, self-audits, or workshops, and may be presented individually by the agency or in conjunction with other agencies.
[ 1995 c 403 s 614.]

catchline: Educational programs.


title: RCW 43.05.140

text:
The department of revenue, the department of labor and industries in respect to its duties in Title 51 RCW, and the employment security department shall develop and administer a pilot voluntary audit program. Voluntary audits can be requested by businesses from any of these agencies according to guidelines established by each agency. No penalty assessments may be made against participants in such a program except when the agency determines that either a good faith effort has not been made by the taxpayer or premium payer to comply with the law or that the taxpayer has failed to remit previously collected sales taxes to the state. The persons conducting the voluntary audit shall provide the business undergoing the voluntary audit an audit report that describes errors or omissions found and future reporting instructions. This program does not relieve a business from past or future tax or premium obligations.
[ 1995 c 403 s 615.]

catchline: Pilot voluntary audit program.


title: RCW 43.05.150

text:
Nothing in this chapter obligates a regulatory agency to conduct a technical assistance visit. The state and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from providing technical assistance, or if liability is asserted to arise from the failure of the state or officers or employees of the state to provide technical assistance. This chapter does not limit the authority of any regulatory agency to take any enforcement action, other than a civil penalty, authorized by law. This chapter shall not limit a regulatory agency's authority to issue a civil penalty as authorized by law based upon a person's failure to comply with specific terms and conditions of any permit or license issued by the agency to that person.
[ 1995 c 403 s 617.]

catchline: Agency immunity—Enforcement authority.


title: RCW 43.05.160

text:
(1) If, during an inspection or visit to a cannabis business licensed under chapter 69.50 RCW that is not a technical assistance visit, the liquor and cannabis board becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the board and are not subject to civil penalties as provided for in RCW 69.50.563, the board may issue a notice of correction to the licensee that includes:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the board requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the board or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the board.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the liquor and cannabis board issues a notice of correction, it may not issue a civil penalty for the violations identified in the notice of correction unless the licensee fails to comply with the notice.
[ 2022 c 16 s 32; 2019 c 394 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—2019 c 394: See note following RCW 69.50.563.

catchline: Liquor and cannabis board—Notice of correction.


title: RCW 43.05.901

text:
If a regulatory agency determines any part of this chapter to be in conflict with federal law or program requirements, in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, or in conflict with the requirements for eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this chapter shall be inoperative solely to the extent of the conflict. Any rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
[ 1995 c 403 s 619.]

catchline: Conflict with federal requirements.


title: RCW 43.05.902

text:
If notified by responsible federal officials of any conflict of this chapter with federal law or program requirements or with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the regulatory agency notified of the conflict shall actively seek to resolve the conflict. If the agency determines that the conflict cannot be resolved without loss of benefits or authority to the state, the agency shall notify the governor, the president of the senate, and the speaker of the house of representatives in writing within thirty days of making that determination.
[ 1995 c 403 s 620.]

catchline: Resolution of conflict with federal requirements—Notification.


title: RCW 43.05.905

text: See note following RCW 34.05.328.

catchline: Findings—Short title—Intent—1995 c 403.


title: RCW 43.06.010

text:
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(1) The governor shall supervise the conduct of all executive and ministerial offices;
(2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070 and 42.12.080, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;
(3) The governor shall make the appointments and supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of the prosecutor's duties;
(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;
(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election proclamations as prescribed by law;
(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
(13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
(14) The governor, after finding that a prohibited level 1 or level 2 species as defined in chapter 77.135 RCW has been detected and after finding that the detected species seriously endangers or threatens the environment, economy, human health, or well-being of the state of Washington, may order emergency measures to prevent or abate the prohibited species, which measures, after thorough evaluation of all other alternatives, may include the surface or aerial application of pesticides;
(15) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands.
[ 2023 c 369 s 3; 2014 c 202 s 305; 1994 c 223 s 3; 1993 c 142 s 5; 1992 c 172 s 1; 1991 c 257 s 22; 1982 c 153 s 1; 1979 ex.s. c 53 s 4; 1977 ex.s. c 289 s 15; 1975-'76 2nd ex.s. c 108 s 25; 1969 ex.s. c 186 s 8; 1965 c 8 s 43.06.010. Prior: 1890 p 627 s 1; RRS s 10982.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.
Severability—1992 c 172: "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." [ 1992 c 172 s 4.]
Severability—Effective date—1982 c 153: See notes following RCW 17.24.210.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
Rewards by county legislative authorities: Chapter 10.85 RCW.

catchline: General powers and duties.


title: RCW 43.06.013

text:
When requested by the governor or the director of the department of enterprise services, nonconviction criminal history fingerprint record checks shall be conducted through the Washington state patrol identification and criminal history section and the federal bureau of investigation on applicants for agency head positions appointed by the governor. Information received pursuant to this section shall be confidential and made available only to the governor or director of financial management or their employees directly involved in the selection, hiring, or background investigation of the subject of the record check. When necessary, applicants may be employed on a conditional basis pending completion of the criminal history record check. "Agency head" as used in this section has the same definition as provided in RCW 34.05.010.
[ 2015 3rd sp.s. c 1 s 320; 2011 1st sp.s. c 43 s 454; 2006 c 45 s 1.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Requests for nonconviction criminal history fingerprint record checks for agency heads—"Agency head" defined.


title: RCW 43.06.015

text:
The governor is authorized, on behalf of the state of Washington, to join the interstate oil compact commission as an associate member and to become an active member thereof if and when oil and gas are produced in Washington in commercial quantities and to attend meetings and participate in the activities carried on by said commission either in person or by a duly authorized representative.
[ 1965 c 8 s 43.06.015. Prior: 1953 c 47 s 1.]
Notes:
Interstate compact to conserve oil and gas: 65 Stat. 199 (P. L. 128, ch. 350) Aug. 28, 1951. Associate membership authorized by Art. 9 s 2 of the commission's bylaws.

catchline: Interstate oil compact commission—Governor may join.


title: RCW 43.06.020

text:
The governor must cause to be kept the following records:
First, a register of all pardons, commutations, executive paroles, final discharges, and restorations of citizenship made by him or her;
Second, an account of all his or her disbursements of state moneys, and of all rewards offered by him or her for the apprehension of criminals and persons charged with crime;
Third, a register of all appointments made by him or her with date of commission, name of appointee and name of predecessor, if any.
[ 2009 c 549 s 5013; 1965 c 8 s 43.06.020. Prior: 1921 c 28 s 1; 1890 p 628 s 2; RRS s 10983.]

catchline: Records to be kept.


title: RCW 43.06.030

text:
For a gubernatorial appointment to be effective, the governor must transmit to the secretary of the senate notice of the appointment, along with pertinent information regarding the appointee, within fourteen days after making any appointment subject to senate confirmation.
[ 1981 c 338 s 12; 1965 c 8 s 43.06.030. Prior: 1890 p 629 s 3; RRS s 10984.]

catchline: Appointments to senate for confirmation—Notice.


title: RCW 43.06.040

text:
If the governor absents himself or herself from the state, he or she shall, prior to his or her departure, notify the lieutenant governor of his or her proposed absence, and during such absence the lieutenant governor shall perform all the duties of the governor.
[ 2009 c 549 s 5014; 1965 c 8 s 43.06.040. Prior: 1890 p 629 s 6; RRS s 10985.]
Notes:
Duties of lieutenant governor: State Constitution Art. 3 s 16.

catchline: Lieutenant governor acts in governor's absence.


title: RCW 43.06.050

text:
Every provision of law in relation to the powers and duties of the governor, and in relation to acts and duties to be performed by others towards him or her, extends to the person performing for the time being the duties of governor.
[ 2009 c 549 s 5015; 1965 c 8 s 43.06.050. Prior: 1890 p 629 s 4; RRS s 10986.]

catchline: Powers and duties of acting governor.


title: RCW 43.06.055

text:
The legislature preceding the gubernatorial election shall make an appropriation which may only be expended by a newly elected governor other than the incumbent for the purpose of providing office and staff for the governor-elect preparatory to his or her assumption of duties as governor. The funds for the appropriation shall be made available to him or her not later than thirty days prior to the date when the legislature will convene.
[ 2009 c 549 s 5016; 1969 ex.s. c 88 s 1.]

catchline: Governor-elect—Appropriation to provide office and staff.


title: RCW 43.06.060

text:
When the governor is authorized or required by law to issue a proclamation, payment for publishing it shall be made out of the state treasury.
[ 1965 c 8 s 43.06.060. Prior: 1881 p 45 ss 1-3; Code 1881 s 2367; RRS s 10988.]

catchline: Expense of publishing proclamations.


title: RCW 43.06.070

text:
The governor may remove from office any state officer appointed by him or her not liable to impeachment, for incompetency, misconduct, or malfeasance in office.
[ 2009 c 549 s 5017; 1965 c 8 s 43.06.070. Prior: 1893 c 101 s 1; RRS s 10988.]

catchline: Removal of appointive officers.


title: RCW 43.06.080

text:
Whenever the governor is satisfied that any officer not liable to impeachment has been guilty of misconduct, or malfeasance in office, or is incompetent, he or she shall file with the secretary of state a statement showing his or her reasons, with his or her order of removal, and the secretary of state shall forthwith send a certified copy of such order of removal and statement of causes by registered mail to the last known post office address of the officer in question.
[ 2009 c 549 s 5018; 1965 c 8 s 43.06.080. Prior: 1893 c 101 s 2; RRS s 10989.]

catchline: Removal of appointive officers—Statement of reasons to be filed.


title: RCW 43.06.090

text:
At the time of making any removal from office, the governor shall appoint some proper person to fill the office, who shall forthwith demand and receive from the officer removed the papers, records, and property of the state pertaining to the office, and shall perform the duties of the office and receive the compensation thereof until his or her successor is appointed.
[ 2009 c 549 s 5019; 1965 c 8 s 43.06.090. Prior: 1893 c 101 s 3; RRS s 10990.]

catchline: Removal of appointive officers—Filling of vacancy.


title: RCW 43.06.092

text:
(1) Any gubernatorial appointee subject to senate confirmation shall continue to serve unless rejected by a vote of the senate. An appointee who is rejected by a vote of the senate shall not be reappointed to the same position for a period of one year from termination of service.
(2) Any person appointed by the governor to fill the unexpired term of an appointment subject to senate confirmation must also be confirmed by the senate.
[ 1981 c 338 s 2.]

catchline: Gubernatorial appointees—Continuation of service—Appointments to fill vacancies.


title: RCW 43.06.094

text:
Gubernatorial appointees subject to senate confirmation, other than those who serve at the governor's pleasure, may not be removed from office without cause by the governor prior to confirmation except upon consent of the senate as provided for by the rules of the senate.
[ 1981 c 338 s 1.]

catchline: Gubernatorial appointees—Removal prior to confirmation.


title: RCW 43.06.110

text:
The governor, or his or her designee, is hereby authorized and empowered to undertake such programs as will, in the judgment of the governor, or his or her designee, enable families and individuals of all ages, in rural and urban areas, in need of the skills, knowledge, motivations, and opportunities to become economically self-sufficient to obtain and secure such skills, knowledge, motivations, and opportunities. Such programs may be engaged in as solely state operations, or in conjunction or cooperation with any appropriate agency of the federal government, any branch or agency of the government of this state, any city or town, county, municipal corporation, metropolitan municipal corporation or other political subdivision of the state, or any private corporation. Where compliance with the provisions of federal law or rules or regulations promulgated thereunder is a necessary condition to the receipt of federal funds by the state, the governor or his or her designee, is hereby authorized to comply with such laws, rules or regulations to the extent necessary for the state to cooperate most fully with the federal government in furtherance of the programs herein authorized.
[ 2009 c 549 s 5020; 1971 ex.s. c 177 s 2; 1965 c 14 s 2.]
Notes:
County participation in Economic Opportunity Act programs: RCW 36.32.410.

catchline: Economic opportunity act programs—State participation—Authority of governor.


title: RCW 43.06.115

text:
(1) The governor may, by executive order, after consultation with or notification of the executive-legislative committee on economic development created by *chapter . . . (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities.
(2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The department of commerce; (b) the department of social and health services; (c) the employment security department; (d) the state board for community and technical colleges; (e) the student achievement council; and (f) the department of transportation. The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted.
[ 2012 c 229 s 583; 1998 c 245 s 47; 1996 c 186 s 505; 1995 c 399 s 61; 1993 c 421 s 2.]
Notes:
*Reviser's note: Senate Bill No. 5300 was vetoed.
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Finding—Intent—1993 c 421: "The legislature finds that military base expansions, closures, and defense procurement contract cancellations may have extreme economic impacts on communities and firms. The legislature began to address this concern in 1990 by establishing the community diversification program in the department of community development. While this program has helped military dependent communities begin the long road to diversification, base expansions or closures or major procurement contract reductions in the near future will find these communities unable to respond adequately, endangering the health, safety, and welfare of the community. The legislature intends to target emergency state assistance to military dependent communities significantly impacted by defense spending. The emergency state assistance and the long-term strategy should be driven by the impacted community and consistent with the state plan for diversification required under RCW 43.63A.450(4)." [ 1993 c 421 s 1.]

catchline: Militarily impacted area—Declaration by governor.


title: RCW 43.06.120

text:
The governor is authorized to accept on behalf of the state of Washington funds provided by any act of congress for the benefit of the state or its political subdivisions. He or she is further authorized to administer and disburse such funds, or to designate an agency to administer and disburse them, until the legislature otherwise directs.
[ 2009 c 549 s 5021; 1967 ex.s. c 41 s 1.]

catchline: Federal funds and programs—Acceptance of funds by governor authorized—Administration and disbursement.


title: RCW 43.06.130

text:
Members of advisory committees, councils, or other bodies established to meet requirements of acts of congress may be paid travel expenses incurred pursuant to RCW 43.03.050 and 43.03.060 as now existing or hereafter amended from such funds as may be available by legislative appropriation or as may otherwise be available as provided by law.
[1975-'76 2nd ex.s. c 34 s 97; 1973 2nd ex.s. c 17 s 1; 1967 ex.s. c 41 s 2.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Federal funds and programs—Payment of travel expenses of committees, councils, or other bodies.


title: RCW 43.06.155

text:
(1) The following principles shall provide guidance to the state of Washington in its health care reform deliberations:
(a) Guarantee choice. Provide the people of Washington state with a choice of health plans and physicians, including health plans offered through the private insurance market and public programs, for those who meet eligibility standards. People will be allowed to keep their own doctor and their employer-based health plan.
(b) Make health coverage affordable. Reduce waste and fraud, high administrative costs, unnecessary tests and services, and other inefficiencies that drive up costs with no added health benefits.
(c) Protect families' financial health. Reduce the growing premiums and other costs that the people of Washington state pay for health care. People must be protected from bankruptcy due to catastrophic illness.
(d) Invest in prevention and wellness. Invest in public health measures proven to reduce cost drivers in our system, such as obesity, sedentary lifestyles, and smoking, as well as guarantee access to proven preventive treatments.
(e) Provide portability of coverage. People should not be locked into their job just to secure health coverage, and no American should be denied coverage because of preexisting conditions.
(f) Aim for universality. Building on the work of the blue ribbon commission and other state health care reform initiatives and recognizing the current economic climate, the state will partner with national health care reform efforts toward a goal of enabling all Washingtonians to have access to affordable, effective health care by 2014 as economic conditions and national reforms indicate.
(g) Improve patient safety and quality care. Ensure the implementation of proven patient safety measures and provide incentives for changes in the delivery system to reduce unnecessary variability in patient care. Support the widespread use of health information technology with rigorous privacy protections and the development of data on the effectiveness of medical interventions to improve the quality of care delivered.
(h) Maintain long-term fiscal sustainability. Any reform plan must pay for itself by reducing the level of cost growth, improving productivity, dedicating additional sources of revenue, and defining the appropriate role of the private and public sectors in financing health care coverage in Washington state.
(2) Over the past twenty years, both the private and public health care sectors in the state of Washington have implemented policies that are consistent with the principles in subsection (1) of this section. Most recently, the governor's blue ribbon commission on health reform agreed to recommendations that are highly consistent with those principles. Current policies in Washington state in accord with those principles include:
(a) With respect to aiming for universality and access to a choice of affordable health care plans and health care providers:
(i) The Washington basic health plan offers affordable health coverage to low-income families and individuals in Washington state through a choice of private managed health care plans and health care providers;
(ii) Apple health for kids will achieve its dual goals that every child in Washington state have health care coverage by 2010 and that the health status of children in Washington state be improved. Only four percent of children in Washington state lack health insurance, due largely to efforts to expand coverage that began in 1993;
(iii) Through the health insurance partnership program, Washington state has designed the infrastructure for a health insurance exchange for small employers that would give employers and employees a choice of private health benefit plans and health care providers, offer portability of coverage and provide a mechanism to offer premium subsidies to low-wage employees of these employers;
(iv) Purchasers, insurance carriers, and health care providers are working together to significantly reduce health care administrative costs. These efforts have already produced efficiencies, and will continue through the activities provided in *Second Substitute Senate Bill No. 5346, if enacted by the 2009 legislature; and
(v) Over one hundred thousand Washingtonians have enrolled in the state's discount prescription drug card program, saving consumers over six million dollars in prescription drug costs since February 2007, with an average discount of twenty-two dollars or forty-three percent of the price of each prescription filled.
(b) With respect to improving patient safety and quality of care and investing in prevention and wellness, the public and private health care sectors are engaged in numerous nationally recognized efforts:
(i) The Puget Sound health alliance is a national leader in identifying evidence-based health care practices, and reporting to the public on health care provider performance with respect to these practices. Many of these practices address disease prevention and management of chronic illness;
(ii) The Washington state health technology assessment program and prescription drug program use medical evidence and independent clinical advisors to guide the purchasing of clinically and cost-effective health care services by state purchased health care programs;
(iii) Washington state's health record bank pilot projects are testing a new model of patient controlled electronic health records in three geographic regions of the state. The state has also provided grants to a number of small provider practices to help them implement electronic health records;
(iv) Efforts are underway to ensure that the people of Washington state have a medical home, with primary care providers able to understand their needs, meet their care needs effectively, better manage their chronic illnesses, and coordinate their care across the health care system. These efforts include group health cooperative of Puget Sound's medical home projects, care collaboratives sponsored by the state department of health, state agency chronic care management pilot projects, development of apple health for kids health improvement measures as indicators of children having a medical home, and implementation of medical home reimbursement pilot projects under **Substitute Senate Bill No. 5891, if enacted by the 2009 legislature; and
(v) Health care providers, purchasers, the state, and private quality improvement organizations are partnering to undertake numerous patient safety efforts, including hospital and ambulatory surgery center adverse events reporting, with root cause analysis to identify actions to be undertaken to prevent further adverse events; reporting of hospital acquired infections and undertaking efforts to reduce the rate of these infections; developing a surgical care outcomes assessment program that includes a presurgery checklist to reduce medical errors; and developing a patient decision aid pilot to more fully inform patients of the risks and benefits of treatment alternatives, decrease unnecessary procedures and variation in care, and provide increased legal protection to physicians whose patients use a patient decision aid to provide informed consent.
[ 2009 c 545 s 2.]
Notes:
Reviser's note: *(1) Second Substitute Senate Bill No. 5346 became chapter 298, Laws of 2009.
**(2) Substitute Senate Bill No. 5891 became chapter 305, Laws of 2009.
Findings—2009 c 545: "The legislature finds that the principles for health care reform articulated by the president of the United States in his proposed federal fiscal year 2010 budget to the congress of the United States provide an opportunity for the state of Washington to be both a partner with, and a model for, the federal government in its health care reform efforts. The legislature further finds that the recommendations of the 2007 blue ribbon commission on health care costs and access are consistent with these principles." [ 2009 c 545 s 1.]

catchline: Health care reform deliberations—Principles—Policies.


title: RCW 43.06.200

text:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in RCW 43.06.010, and 43.06.200 through 43.06.270 each as now or hereafter amended shall have the following meaning:
"State of emergency" means an emergency proclaimed as such by the governor pursuant to RCW 43.06.010 as now or hereafter amended.
"Governor" means the governor of this state or, in case of his or her removal, death, resignation or inability to discharge the powers and duties of his or her office, then the person who may exercise the powers of governor pursuant to the Constitution and laws of this state relating to succession in office.
"Criminal offense" means any prohibited act for which any criminal penalty is imposed by law and includes any misdemeanor, gross misdemeanor, or felony.
[ 2009 c 549 s 5022; 1977 ex.s. c 328 s 11; 1975-'76 2nd ex.s. c 108 s 26; 1969 ex.s. c 186 s 1.]
Notes:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
Provisions cumulative—1969 ex.s. c 186: "The provisions of this act shall be cumulative to and shall not operate to repeal any other laws, or local ordinances, except those specifically mentioned in this act." [ 1969 ex.s. c 186 s 10.]
Severability—1969 ex.s. c 186: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 ex.s. c 186 s 11.]
Energy supply emergencies: Chapter 43.21G RCW.

catchline: Definitions.


title: RCW 43.06.210

text:
The proclamation of a state of emergency and other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended shall be in writing and shall be signed by the governor and shall then be filed with the secretary of state. A proclamation of a state of emergency is effective upon the governor's signature. The governor shall give as much public notice as practical through the news media of the issuance of proclamations or orders pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended. The state of emergency shall cease to exist upon the issuance of a proclamation of the governor declaring its termination: PROVIDED, That the governor must terminate said state of emergency proclamation when order has been restored in the area affected.
[ 2013 c 21 s 1; 1977 ex.s. c 328 s 12; 1975-'76 2nd ex.s. c 108 s 27; 1969 ex.s. c 186 s 2.]
Notes:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
Energy supply emergencies: Chapter 43.21G RCW.


title: RCW 43.06.220

text:
(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:
(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;
(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;
(d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(e) The sale, purchase or dispensing of alcoholic beverages;
(f) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
(g) The use of certain streets, highways or public ways by the public; and
(h) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
(2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in the following areas:
(a) Liability for participation in interlocal agreements;
(b) Inspection fees owed to the department of labor and industries;
(c) Application of the family emergency assistance program;
(d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;
(e) Application of tax due dates and penalties relating to collection of taxes;
(f) Permits for industrial, business, or medical uses of alcohol; and
(g) Such other statutory and regulatory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency if strict compliance with the provision of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency, unless (i) authority to waive or suspend a specific statutory or regulatory obligation or limitation has been expressly granted to another statewide elected official, (ii) the waiver or suspension would conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, or (iii) the waiver or suspension would conflict with the rights, under the First Amendment, of freedom of speech or of the people to peaceably assemble. The governor shall give as much notice as practical to legislative leadership and impacted local governments when issuing orders under this subsection (2)(g).
(3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary.
(4) No order or orders concerning waiver or suspension of statutory obligations or limitations under subsection (2) of this section may continue for longer than thirty days unless extended by the legislature through concurrent resolution. If the legislature is not in session, the waiver or suspension of statutory obligations or limitations may be extended in writing by the leadership of the senate and the house of representatives until the legislature can extend the waiver or suspension by concurrent resolution. For purposes of this section, "leadership of the senate and the house of representatives" means the majority and minority leaders of the senate and the speaker and the minority leader of the house of representatives.
(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
[ 2019 c 472 s 2; 2008 c 181 s 1; 2003 c 53 s 222; 1969 ex.s. c 186 s 3.]
Notes:
Findings—Intent—2019 c 472: "(1)(a) The legislature finds that the governor has broad authority to proclaim a state of emergency in any area of the state under RCW 43.06.010(12), and to exercise emergency powers during the emergency. These emergency powers have historically included the ability under RCW 43.06.220(1)(h) to temporarily waive or suspend statutory obligations by prohibiting compliance with statutory provisions during a proclaimed state of emergency when the governor reasonably believed it would help preserve and maintain life, health, property, or the public peace.
(b) The legislature further finds that, in response to issues arising from flooding events in 2007, RCW 43.06.220(2) was amended by chapter 181, Laws of 2008, to explicitly authorize the governor to temporarily waive or suspend a set of specifically identified statutes. This amendment has become problematic for subsequent emergency response activities because it has inadvertently narrowed the governor's ability to waive or suspend statutes under RCW 43.06.220(1)(h) by issuing orders temporarily prohibiting compliance with statutes not expressly identified in RCW 43.06.220(2).
(2) The legislature intends to allow the governor to immediately respond during a proclaimed state of emergency by temporarily waiving or suspending other statutory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the emergency." [ 2019 c 472 s 1.]
Part headings not law—2008 c 181: "Part headings used in this act are not any part of the law." [ 2008 c 181 s 701.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: State of emergency—Powers of governor pursuant to proclamation.


title: RCW 43.06.225

text:
(1)(a) If when declaring or amending a statewide state of emergency pursuant to RCW 43.06.010, the governor determines that the emergency demands immediate action by hospitals to prevent critical health system failures and ensure hospitals' ability to work with emergency management in responding to the emergency, the governor shall, either simultaneously or within five days of that determination, specify within the emergency order or amended emergency order which of the following health care-related statutes and substantially equivalent regulations shall be waived or suspended based on the nature of the declared emergency:
(i) RCW 70.38.105(4) (a), (e), and (h);
(ii) RCW 70.41.110, the following language only: "premises and";
(iii) RCW 70.41.230;
(iv) RCW 70.41.090 (3), (4), and (5);
(v) RCW 18.64.043(1), the following language only: "of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the secretary may approve,";
(vi) RCW 18.64.043(2)(a), the following language only: "of location";
(vii) RCW 18.64.043(3), the following language only: "and to keep the license of location or the renewal thereof properly exhibited in said pharmacy.";
(viii) RCW 43.70.280(2), the following language only: "Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter 34.05 RCW. Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period."; and
(ix) *RCW 18.360.010(11), the following language only: "physically present and is" and "in the facility. The health care practitioner does not need to be present during procedures to withdraw blood, but must be immediately available.".
(b) Hospitals that rely on waiver or suspension under (a) of this subsection shall notify the department within 14 days of initiating such reliance.
(c) Nothing in this section prevents the governor from waiving or suspending any statutes and substantially equivalent regulations outside the time frames established in this section. Additionally, the governor may waive or suspend any additional statutes, without limitation, as the governor deems necessary to address the emergency.
(2) Waivers and suspensions in subsection (1) of this section do not apply except to projects undertaken to provide or respond to surge capacity, including temporary increases in bed capacity, during the governor's declaration of a statewide state of emergency. Such projects and increases in bed capacity must comply with these statutory and regulatory provisions after the termination of the state of emergency.
[ 2021 c 268 s 1.]
Notes:
*Reviser's note: RCW 18.360.010 was amended by 2024 c 217 s 1, changing subsection (11) to subsection (12).

catchline: State of emergency—Health care law waivers and suspensions.


title: RCW 43.06.230

text:
After the proclamation of a state of emergency as provided in RCW 43.06.010, any person who maliciously destroys or damages any real or personal property or maliciously injures another is guilty of a class B felony and upon conviction thereof shall be imprisoned in a state correctional facility for not less than two years nor more than ten years.
[ 2003 c 53 s 223; 1992 c 7 s 39; 1969 ex.s. c 186 s 4.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: State of emergency—Destroying or damaging property or causing personal injury—Penalty.


title: RCW 43.06.240

text:
After the proclamation of a state of emergency pursuant to RCW 43.06.010, every person who:
(1) Wilfully causes public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, by:
(a) engaging in fighting or in violent, tumultuous, or threatening behavior; or
(b) making an unreasonable noise or an offensively coarse utterance, gesture, or display, or addressing abusive language to any person present; or
(c) dispersing any lawful procession or meeting of persons, not being a peace officer of this state and without lawful authority; or
(d) creating a hazardous or physically offensive condition which serves no legitimate purpose; or
(2) Engages with at least one other person in a course of conduct as defined in subsection (1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer shall be guilty of disorderly conduct and be punished by imprisonment in the county jail for up to three hundred sixty-four days or fined not more than one thousand dollars or by both fine and imprisonment.
[ 2011 c 96 s 27; 1969 ex.s. c 186 s 5.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: State of emergency—Disorderly conduct after emergency proclaimed—Penalty.


title: RCW 43.06.250

text:
Any person upon any public way or any public property, within the area described in the state of emergency, who is directed by a public official to leave the public way or public property and refuses to do so shall be guilty of a misdemeanor.
[ 1969 ex.s. c 186 s 6.]

catchline: State of emergency—Refusing to leave public way or property when ordered—Penalty.


title: RCW 43.06.260

text:
After the proclamation of a state of emergency as provided in RCW 43.06.010 any person sixteen years of age or over who violates any provision of RCW 43.06.010, and 43.06.200 through 43.06.270 shall be prosecuted as an adult.
[ 1969 ex.s. c 186 s 7.]

catchline: State of emergency—Prosecution of persons sixteen years or over as adults.


title: RCW 43.06.270

text:
The governor may in his or her discretion order the state militia pursuant to chapter 38.08 RCW or the state patrol to assist local officials to restore order in the area described in the proclamation of a state of emergency.
[ 2009 c 549 s 5023; 1969 ex.s. c 186 s 9.]

catchline: State of emergency—State militia or state patrol—Use in restoring order.


title: RCW 43.06.335

text:
(1) The Washington quality award council shall be organized as a private, nonprofit corporation, in accordance with chapter 24.03A RCW and this section.
(2) The council shall oversee the governor's Washington state quality award program. The purpose of the program is to improve the overall competitiveness of the state's economy by stimulating Washington state industries, business, and organizations to bring about measurable success through setting standards of organizational excellence, encouraging organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state's economy. The governor shall annually present the award to organizations that improve the quality of their products and services and are noteworthy examples of high-performing work organizations, as determined by the council in consultation with the governor or appointed representative.
(3) The governor shall appoint a representative to serve on the board of directors of the council.
(4) The council shall establish a board of examiners, a recognition committee, and such other committees or subgroups as it deems appropriate to carry out its responsibilities.
(5) The council may conduct such public information, research, education, and assistance programs as it deems appropriate to further quality improvement in organizations operating in the state of Washington.
(6) The council shall:
(a) Approve and announce award recipients;
(b) Approve guidelines to examine applicant organizations;
(c) Approve appointment of board of examiners; and
(d) Arrange appropriate annual awards and recognition for recipients.
[ 2021 c 176 s 5219; 2004 c 245 s 1; 2000 c 216 s 1; 1998 c 245 s 86; 1997 c 329 s 1; 1994 c 306 s 1. Formerly RCW 43.07.290, 43.330.140.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Washington quality award council—Organization—Duties.


title: RCW 43.06.338

text:
(1) The Washington marine resources advisory council is created within the office of the governor.
(2) The Washington marine resources advisory council is composed of:
(a) The governor, or the governor's designee, who shall serve as the chair of the council;
(b) The commissioner of public lands, or the commissioner's designee;
(c) Two members of the senate, appointed by the president of the senate, one from each of the two largest caucuses in the senate;
(d) Two members of the house of representatives, appointed by the speaker of the house of representatives, one from each of the two largest caucuses in the house of representatives;
(e) One representative of federally recognized Indian tribes with reservations lying within or partially within counties bordering the outer coast, if selected by action of all of the governing bodies of all federally recognized Indian tribes in such an area;
(f) One representative of federally recognized Indian tribes with reservations lying within or partially within counties bordering Puget Sound, if selected by action of all of the governing bodies of all federally recognized Indian tribes in such an area;
(g) One representative of each of the following sectors, appointed by the governor:
(i) Commercial fishing;
(ii) Recreational fishing;
(iii) Marine recreation and tourism, other than fishing;
(iv) Coastal shellfish growers;
(v) Puget Sound shellfish growers;
(vi) Marine businesses; and
(vii) Conservation organizations;
(h) The chair of the Washington state conservation commission, or the chair's designee;
(i) One representative appointed by the largest statewide general agricultural association;
(j) One representative appointed by the largest statewide business association;
(k) The chair of the Washington coastal marine advisory council;
(l) The chair of the leadership council of the Puget Sound partnership;
(m) The director of the department of ecology;
(n) The director of the department of fish and wildlife; and
(o) The chair of the Northwest Straits commission.
(3) The governor shall invite the participation of the following entities as nonvoting members:
(a) The national oceanic and atmospheric administration; and
(b) Academic institutions conducting scientific research on ocean acidification.
(4) The governor shall make the appointments of the members under subsection (2)(g) of this section by September 1, 2013.
(5) Any member appointed by the governor may be removed by the governor for cause.
(6) A majority of the voting members of the Washington marine resources advisory council constitute a quorum for the transaction of business.
(7) The chair of the Washington marine resources advisory council shall schedule meetings and establish the agenda. The first meeting of the council must be scheduled by November 1, 2013. The council shall meet at least twice per calendar year. At each meeting the council shall afford an opportunity to the public to comment upon agenda items and other matters relating to the protection and conservation of the state's ocean resources.
(8) The Washington marine resources advisory council shall have the following powers and duties:
(a) To maintain a sustainable coordinated focus, including the involvement of and the collaboration among all levels of government and nongovernmental entities, the private sector, and citizens by increasing the state's ability to work to address impacts of ocean acidification;
(b) To advise and work with the University of Washington and others to conduct ongoing technical analysis on the effects and sources of ocean acidification. The recommendations must identify a range of actions necessary to implement the recommendations and take into consideration the differences between in-state impacts and sources and out-of-state impacts and sources;
(c) To deliver recommendations to the governor and appropriate committees in the Washington state senate and house of representatives that must include, as necessary, any minority reports requested by a councilmember;
(d) To seek public and private funding resources necessary, and the commitment of other resources, for ongoing technical analysis to support the council's recommendations; and
(e) To assist in conducting public education activities regarding the impacts of and contributions to ocean acidification and regarding implementation strategies to support the actions adopted by the legislature.
(9) This section expires June 30, 2032.
[ 2022 c 91 s 2; 2016 sp.s. c 27 s 1; 2013 c 318 s 4.]
Notes:
Finding—Intent—2022 c 91: "The legislature finds that the marine resources advisory council, first established in 2013, continues to serve an important role in confronting the ongoing threat of ocean acidification in Washington. Through the marine resources advisory council and the work that it supports, Washington is an academic, government, and industry leader in efforts to address the impacts of ocean acidification. It is the intent of the legislature to support the continued critical ocean acidification work of the marine resources advisory council." [ 2022 c 91 s 1.]

catchline: Washington marine resources advisory council. (Expires June 30, 2032.)


title: RCW 43.06.350

text:
Whenever any convicted offender, who is a citizen or national of a foreign country and is under the jurisdiction of the department of corrections, requests transfer to the foreign country of which he or she is a citizen or national, under a treaty on the transfer of offenders entered into between the United States and a foreign country, the governor or the governor's designee:
(1) May grant the approval of the state to such transfer as provided in the treaty; and
(2) Shall have, notwithstanding any provision of chapter 9.95 or 72.68 RCW, the plenary authority to fix the duration of the offender's sentence, if not otherwise fixed, whenever a fixed sentence is a condition precedent to transfer.
[ 1983 c 255 s 9.]

catchline: Foreign nationals or citizens, convicted offenders—Transfers and sentences.


title: RCW 43.06.400

text:
(1) Beginning in January 2029, and in January of every fourth year thereafter, the department of revenue must submit to the legislature prior to the regular session a listing of the amount of reduction for the current and next biennium in the revenues of the state or the revenues of local government collected by the state as a result of tax exemptions. The listing must include an estimate of the revenue lost from the tax exemption, the purpose of the tax exemption, the persons, organizations, or parts of the population which benefit from the tax exemption, and whether or not the tax exemption conflicts with another state program. The listing must include but not be limited to the following revenue sources:
(a) Real and personal property tax exemptions under Title 84 RCW;
(b) Business and occupation tax exemptions, deductions, and credits under chapter 82.04 RCW;
(c) Retail sales and use tax exemptions under chapters 82.08, 82.12, and 82.14 RCW;
(d) Public utility tax exemptions and deductions under chapter 82.16 RCW;
(e) Food fish and shellfish tax exemptions under chapter 82.27 RCW;
(f) Leasehold excise tax exemptions under chapter 82.29A RCW;
(g) Motor vehicle and special fuel tax exemptions and refunds under chapter 82.38 RCW;
(h) Aircraft fuel tax exemptions under chapter 82.42 RCW;
(i) Motor vehicle excise tax exclusions under chapter 82.44 RCW; and
(j) Insurance premiums tax exemptions under chapter 48.14 RCW.
(2) The department of revenue must prepare the listing required by this section with the assistance of any other agencies or departments as may be required.
(3) The department of revenue must present the listing to the ways and means committees of each house in public hearings.
(4) Beginning in January 2029, and every four years thereafter the governor is requested to review the report from the department of revenue and may submit recommendations to the legislature with respect to the repeal or modification of any tax exemption. The ways and means committees of each house and the appropriate standing committee of each house must hold public hearings and take appropriate action on the recommendations submitted by the governor.
(5) As used in this section, "tax exemption" means an exemption, exclusion, or deduction from the base of a tax; a credit against a tax; a deferral of a tax; or a preferential tax rate.
[ 2025 c 411 s 5; 2013 c 225 s 605; 2011 1st sp.s. c 20 s 201; 1999 c 372 s 5; 1987 c 472 s 16; 1983 2nd ex.s. c 3 s 60.]
Notes:
Tax preference performance statement exemption—Automatic expiration date exemption—2025 c 411: See note following RCW 82.08.050.
Effective date—2013 c 225: See note following RCW 82.38.010.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Review and termination of tax preferences: Chapter 43.136 RCW.

catchline: Listing of reduction in revenues from tax exemptions to be submitted to legislature by department of revenue—Periodic review and submission of recommendations to legislature by governor.


title: RCW 43.06.410

text:
There is established within the office of the governor the Washington state internship program to assist students and state employees in gaining valuable experience and knowledge in various areas of state government. In administering the program, the governor shall:
(1) Consult with the secretary of state, the director of enterprise services, the commissioner of the employment security department, and representatives of labor;
(2) Encourage and assist agencies in developing intern positions;
(3) Develop and coordinate a selection process for placing individuals in intern positions. This selection process shall give due regard to the responsibilities of the state to provide equal employment opportunities;
(4) Develop and coordinate a training component of the internship program which balances the need for training and exposure to new ideas with the intern's and agency's need for on-the-job work experience;
(5) Work with institutions of higher education in developing the program, soliciting qualified applicants, and selecting participants; and
(6) Develop guidelines for compensation of the participants.
[ 2011 1st sp.s. c 43 s 455; 1993 c 281 s 47; 1985 c 442 s 1.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—1985 c 442: "Nothing in this act shall be construed to limit the authority of state agencies to continue or establish other internship programs or positions." [ 1985 c 442 s 10.]
Severability—1985 c 442: "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." [ 1985 c 442 s 11.]

catchline: State internship program—Governor's duties.


title: RCW 43.06.415

text:
(1) The governor may appoint a coordinator to assist in administering the program created by RCW 43.06.410.
(2) The governor shall adopt such rules as are necessary to administer RCW 43.06.410.
[ 1985 c 442 s 2.]
Notes:
Construction—Severability—1985 c 442: See notes following RCW 43.06.410.

catchline: State internship program coordinator—Rules.


title: RCW 43.06.420

text:
The state internship program shall consist of two individual internship programs as follows:
(1) An undergraduate internship program consisting of three-month to six-month positions for students working toward an undergraduate degree. In addition, a public sector employee, whether working toward a degree or not, shall be eligible to participate in the program upon the written recommendation of the head of the employee's agency.
(2) An executive fellows program consisting of one-year to two-year placements for students who have successfully completed at least one year of graduate level work and have demonstrated a substantial interest in public sector management. Positions in this program shall be as assistants or analysts at the midmanagement level or higher. In addition, a public sector employee, whether working toward an advanced degree or not, or who has not successfully completed one year of graduate-level work as required by this subsection, shall be eligible to participate in the program upon the written recommendation of the head of the employee's agency. Participants in the executive fellows program who were not public employees prior to accepting a position in the program shall receive insurance and retirement credit commensurate with other employees of the employing agency.
[ 1985 c 442 s 3.]
Notes:
Construction—Severability—1985 c 442: See notes following RCW 43.06.410.

catchline: Undergraduate internship program—Executive fellows program.


title: RCW 43.06.425

text:
The director of financial management or the director's designee shall adopt rules to provide that:
(1) Successful completion of an internship under RCW 43.06.420 shall be considered as employment experience at the level at which the intern was placed;
(2) Persons leaving classified or exempt positions in state government in order to take an internship under RCW 43.06.420: (a) Have the right of reversion to the previous position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all fringe benefits as if they had never left their classified or exempt positions;
(3) Participants in the undergraduate internship program who were not public employees prior to accepting a position in the program receive sick leave allowances commensurate with other state employees;
(4) Participants in the executive fellows program who were not public employees prior to accepting a position in the program receive sick and vacation leave allowances commensurate with other state employees.
[ 2011 1st sp.s. c 43 s 456; 2002 c 354 s 229; 1993 c 281 s 48; 1985 c 442 s 4.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Severability—1985 c 442: See notes following RCW 43.06.410.
State internship program—Positions exempt from chapter 41.06 RCW: RCW 41.06.088.

catchline: Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and vacation leave.


title: RCW 43.06.435

text:
An agency shall not be deemed to exceed any limitation on full time equivalent staff positions on the basis of intern positions established under RCW 43.06.420.
[ 1985 c 442 s 6.]
Notes:
Construction—Severability—1985 c 442: See notes following RCW 43.06.410.

catchline: Interns—Effect on full time equivalent staff position limitations.


title: RCW 43.06.450

text:
The legislature intends to further the government-to-government relationship between the state of Washington and Indians in the state of Washington by authorizing the governor to enter into contracts concerning the sale of cigarettes and vapor products. The legislature finds that these cigarette tax and vapor product tax contracts will provide a means to promote economic development, provide needed revenues for tribal governments and Indian persons, and enhance enforcement of the state's cigarette tax and vapor product tax, ultimately saving the state money and reducing conflict. In addition, it is the intent of the legislature that the negotiations and the ensuing contracts have no impact on the state's share of the proceeds under the master settlement agreement entered into on November 23, 1998, by the state. Chapter 235, Laws of 2001 and chapter 445, Laws of 2019 do not constitute a grant of taxing authority to any Indian tribe nor do they provide precedent for the taxation of non-Indians on fee land.
[ 2019 c 445 s 301; 2001 c 235 s 1.]
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.


title: RCW 43.06.455

text:
(1) The governor may enter into cigarette tax contracts concerning the sale of cigarettes. All cigarette tax contracts shall meet the requirements for cigarette tax contracts under this section. Except for cigarette tax contracts under RCW 43.06.460, the rates, revenue sharing, and exemption terms of a cigarette tax contract are not effective unless authorized in a bill enacted by the legislature.
(2) Cigarette tax contracts shall be in regard 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, contracts 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.
(3) A cigarette tax contract with a tribe shall provide for a tribal cigarette tax in lieu of all state cigarette taxes and state and local sales and use taxes on sales of cigarettes in Indian country by Indian retailers. The tribe may allow an exemption for sales to tribal members.
(4) Cigarette tax contracts shall provide that all cigarettes possessed or sold by a retailer shall bear a cigarette stamp obtained by wholesalers from a bank or other suitable stamp vendor and applied to the cigarettes. The procedures to be used by the tribe in obtaining tax stamps must include a means to assure that the tribal tax will be paid by the wholesaler obtaining such cigarettes. Tribal stamps must have serial numbers or some other discrete identification so that each stamp can be traced to its source.
(5) Cigarette tax contracts shall provide that retailers shall purchase cigarettes 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 cigarette tax contract, are certified to the state as having so agreed, and who 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.
(6) Cigarette tax contracts shall be for renewable periods of no more than eight years. A renewal may not include a renewal of the phase-in period.
(7) Cigarette tax contracts shall include provisions for compliance, such as transport and notice requirements, inspection procedures, stamping requirements, recordkeeping, and audit requirements.
(8) Tax revenue retained by a tribe must be used for essential government services. Use of tax revenue for subsidization of cigarette and food retailers is prohibited.
(9) The cigarette tax contract may include provisions to resolve disputes using a nonjudicial process, such as mediation.
(10) The governor may delegate the power to negotiate cigarette tax contracts to the department of revenue. The department of revenue shall consult with the *liquor control board during the negotiations.
(11) 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.
(12) 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 and therefore the *liquor control board is responsible for enforcement activities that come under the terms of chapter 82.24 RCW.
(13) Each cigarette tax contract 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 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 shall 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 shall include provisions delineating the respective roles and responsibilities of the tribe, the department of revenue, and the *liquor control board.
(14) For purposes of this section and RCW 43.06.460, 82.08.0316, 82.12.0316, and 82.24.295:
(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 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; and
(c) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.
[ 2001 c 235 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.

catchline: Cigarette tax contracts—Requirements—Use of revenue—Enforcement—Definitions.


title: RCW 43.06.460

text:
(1) The governor is authorized to enter into cigarette tax contracts with the Squaxin Island Tribe, the Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian Tribe, the Quinault Nation, the Jamestown S'Klallam Indian Tribe, the Port Gamble S'Klallam Tribe, the Stillaguamish Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe, the Yakama Nation, the Suquamish Tribe, the Nooksack Indian Tribe, the Lummi Nation, the Chehalis Confederated Tribes, the Upper Skagit Tribe, the Snoqualmie Tribe, the Swinomish Tribe, the Samish Indian Nation, the Quileute Tribe, the Kalispel Tribe, the Confederated Tribes of the Colville Reservation, the Cowlitz Indian Tribe, the Lower Elwha Klallam Tribe, the Makah Tribe, the Hoh Tribe, the Spokane Tribe, and the Shoalwater Bay Tribe. Each contract adopted under this section shall provide that the tribal cigarette tax rate be one hundred percent of the state cigarette and state and local sales and use taxes within three years of enacting the tribal tax and shall be set no lower than eighty percent of the state cigarette and state and local sales and use taxes during the three-year phase-in period. The three-year phase-in period shall be shortened by three months each quarter the number of cartons of nontribal manufactured cigarettes is at least ten percent or more than the quarterly average number of cartons of nontribal manufactured cigarettes from the six-month period preceding the imposition of the tribal tax under the contract. Sales at a retailer operation not in existence as of the date a tribal tax under this section is imposed are subject to the full rate of the tribal tax under the contract. The tribal cigarette tax is in lieu of the state cigarette and state and local sales and use taxes, as provided in RCW 43.06.455(3).
(2) A cigarette tax contract under this section is subject to RCW 43.06.455.
[ 2008 c 241 s 1; 2007 c 320 s 1; 2005 c 208 s 1; 2003 c 236 s 1; 2002 c 87 s 1; 2001 2nd sp.s. c 21 s 1; 2001 c 235 s 3.]
Notes:
Effective date—2007 c 320: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 320 s 2.]

catchline: Cigarette tax contracts—Eligible tribes—Tax rate.