title: RCW 36.16.030

text:
Except as provided elsewhere in this section, in every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff, and a county treasurer, except that in each county with a population of less than forty thousand the county legislative authority may determine that no coroner shall be elected and instead appoint a coroner. In a county with a population of two hundred fifty thousand or more, the county legislative authority may replace the office of coroner with a medical examiner system and appoint a medical examiner as specified in RCW 36.24.190. Any county may enter into an interlocal agreement under chapter 39.34 RCW with an adjoining county for the provision of coroner or medical examiner services. A noncharter county may have five county commissioners as provided in RCW 36.32.010 and 36.32.055 through * 36.32.0558.
[ 2021 c 127 s 4; (2021 c 127 s 5 expired January 1, 2025); 2015 c 53 s 61; 1996 c 108 s 1; 1991 c 363 ss 46, 47; 1990 c 252 s 8; 1963 c 4 s 36.16.030. Prior: 1955 c 157 s 5; prior: (i) Code 1881 s 2707; 1869 p 310 ss 1-3; 1863 p 549 ss 1-3; 1854 p 424 ss 1-3; RRS s 4083. (ii) Code 1881 s 2738; 1863 p 552 s 1; 1854 p 426 s 1; RRS s 4106. (iii) 1891 c 5 s 1; RRS s 4127. (iv) 1890 p 478 s 1; 1886 p 164 s 1; 1883 p 39 s 1; Code 1881 s 2752; 1869 p 402 s 1; 1854 p 428 s 1; RRS s 4140. (v) 1943 c 139 s 1; Code 1881 s 2766; 1863 p 557 s 1; 1854 p 434 s 1; Rem. Supp. 1949 s 4155. (vi) Code 1881 s 2775, part; 1863 p 559 s 1, part; 1854 p 436 s 1, part; RRS s 4176, part. (vii) 1933 c 136 s 2; 1925 ex.s. c 148 s 2; RRS s 4200-2a. (viii) 1937 c 197 s 1; 1933 c 136 s 3; 1925 ex.s. c 148 s 3; RRS s 4200-3a. (ix) 1937 c 197 s 2; 1933 c 136 s 4; 1925 ex.s. c 148 s 4; RRS s 4200-4a. (x) 1927 c 37 s 1; 1890 p 304 s 2; RRS s 4205-1.]
Notes:
*Reviser's note: RCW 36.32.0558 was repealed by 2025 c 133 s 1.
Effective date—2021 c 127 ss 4 and 6: "Sections 4 and 6 of this act take effect January 1, 2025." [ 2021 c 127 s 9.]
Expiration date—2021 c 127 s 5: "Section 5 of this act expires January 1, 2025." [ 2021 c 127 s 10.]
Effective dates—1991 c 363 ss 28, 29, 33, 47, 131: See note following RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Elective county officers enumerated.


doc_type: statute

jurisdiction: wa

title: RCW 36.16.032

text:
The office of county auditor may be combined with the office of county clerk in each county with a population of less than five thousand by unanimous resolution of the county legislative authority passed thirty days or more prior to the first day of filing for the primary election for county offices. The salary of such office of county clerk combined with the office of county auditor, and the salary of the office of county auditor that is not combined with the office of county clerk, shall be not less than ten thousand three hundred dollars. The county legislative authority of such county is authorized to increase or decrease the salary of such office: PROVIDED, That the legislative authority of the county shall not reduce the salary of any official below the amount which such official was receiving on January 1, 1973.
[ 1991 c 363 s 48; 1973 1st ex.s. c 88 s 1; 1972 ex.s. c 97 s 1; 1967 ex.s. c 77 s 1; 1963 c 164 s 2; 1963 c 4 s 36.16.032. Prior: 1957 c 219 s 4.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Offices of auditor and clerk may be combined in counties with populations of less than five thousand—Salary.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.16.040

text:
Every person elected to county office shall before he or she enters upon the duties of his or her office take and subscribe an oath or affirmation that he or she will faithfully and impartially discharge the duties of his or her office to the best of his or her ability. This oath, or affirmation, shall be administered and certified by an officer authorized to administer oaths, without charge therefor.
[ 2009 c 549 s 4007; 1963 c 4 s 36.16.040. Prior: 1955 c 157 s 6; prior: (i) Code 1881 s 2666; 1869 p 303 s 4; 1863 p 541 s 4; 1854 p 420 s 4; RRS s 4045. (ii) Code 1881 s 2708, part; 1869 p 310 s 4, part; 1863 p 549 s 4, part; 1854 p 424 s 4, part; RRS s 4084, part. (iii) 1943 c 249 s 1; Code 1881 s 2739; 1863 p 553 s 2, part; 1854 p 426 s 2; Rem. Supp. 1943 s 4107. (iv) 1886 p 61 s 4, part; 1883 p 73 s 9, part; Code 1881 s 2163, part; 1877 p 246 s 5, part; 1863 p 408 s 3, part; 1860 p 334 s 3, part; 1858 p 12 s 3, part; 1854 p 417 s 3, part; RRS s 4129, part. (v) 1897 c 71 s 44; 1893 c 124 s 46; Code 1881 s 2753; 1854 p 428 s 2; RRS s 4141. (vi) Code 1881 s 2774; 1863 p 558 s 9; 1854 p 435 s 9; RRS s 4156. (vii) Code 1881 s 2775, part; 1863 p 559 s 1, part; 1854 p 436 s 1, part; RRS s 4176, part. (viii) Code 1881 s 2096; 1869 p 374 s 18; RRS s 4231. (ix) 1909 c 97 p 280 s 1, part; 1903 c 104 s 13, part; 1899 c 142 s 5, part; 1897 c 118 s 30, part; 1890 p 355 s 10, part; Code 1881 s 3170, part; RRS s 4767, part. (x) 1925 ex.s. c 130 s 55; 1891 c 140 s 46; 1890 p 548 s 50; RRS s 11138.]

catchline: Oath of office.


title: RCW 36.16.050

text:
Every county official before he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office. Bonds of elective county officers shall be as follows:
(1) Assessor: Amount to be fixed and sureties to be approved by proper county legislative authority;
(2) Auditor: Amount to be fixed at not less than ten thousand dollars and sureties to be approved by the proper county legislative authority;
(3) Clerk: Amount to be fixed in a penal sum not less than double the amount of money liable to come into his or her hands and sureties to be approved by the judge or a majority of the judges presiding over the court of which he or she is clerk: PROVIDED, That the maximum bond fixed for the clerk shall not exceed in amount that required for the treasurer in the same county;
(4) Coroner: Amount to be fixed at not less than five thousand dollars with sureties to be approved by the proper county legislative authority;
(5) Members of the proper county legislative authority: Sureties to be approved by the county clerk and the amounts to be:
(a) In each county with a population of one hundred twenty-five thousand or more, twenty-five thousand dollars;
(b) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand, twenty-two thousand five hundred dollars;
(c) In each county with a population of from forty thousand to less than seventy thousand, twenty thousand dollars;
(d) In each county with a population of from eighteen thousand to less than forty thousand, fifteen thousand dollars;
(e) In each county with a population of from twelve thousand to less than eighteen thousand, ten thousand dollars;
(f) In each county with a population of from eight thousand to less than twelve thousand, seven thousand five hundred dollars;
(g) In all other counties, five thousand dollars;
(6) Prosecuting attorney: In the amount of five thousand dollars with sureties to be approved by the proper county legislative authority;
(7) Sheriff: Amount to be fixed and bond approved by the proper county legislative authority at not less than five thousand nor more than fifty thousand dollars; surety to be a surety company authorized to do business in this state;
(8) Treasurer: Sureties to be approved by the proper county legislative authority and the amounts to be fixed by the proper county legislative authority at double the amount liable to come into the treasurer's hands during his or her term, the maximum amount of the bond, however, not to exceed:
(a) In each county with a population of two hundred ten thousand or more, two hundred fifty thousand dollars;
(b) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand, two hundred thousand dollars;
(c) In each county with a population of from eighteen thousand to less than one hundred twenty-five thousand, one hundred fifty thousand dollars;
(d) In all other counties, one hundred thousand dollars.
The treasurer's bond shall be conditioned that all moneys received by him or her for the use of the county shall be paid as the proper county legislative authority shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his or her duties.
Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in such amount and form as such legislative authority shall determine.
In the approval of official bonds, the chair may act for the county legislative authority if it is not in session.
[ 2010 1st sp.s. c 26 s 5; 1991 c 363 s 49; 1971 c 71 s 1; 1969 ex.s. c 176 s 91; 1963 c 4 s 36.16.050. Prior: 1955 c 157 s 7; prior: (i) 1895 c 53 s 1; RRS s 70. (ii) 1895 c 53 s 2, part; RRS s 71, part. (iii) 1921 c 132 s 1, part; 1893 c 75 s 7, part; RRS s 4046, part. (iv) Code 1881 s 2708, part; 1869 p 310 s 4, part; 1863 p 549 s 4, part; 1854 p 424 s 4, part; RRS s 4084, part. (v) 1943 c 249 s 1, part; Code 1881 s 2739, part; 1863 p 553 s 2, part; 1854 p 426 s 2, part; Rem. Supp. 1943 s 4107, part. (vi) 1886 p 61 s 4, part; 1883 p 73 s 9, part; Code 1881 s 2163, part; 1877 p 246 s 5, part; 1863 p 408 s 3, part; 1860 p 334 s 3, part; 1858 p 12 s 3, part; 1854 p 417 s 3, part; RRS 4129, part. (vii) 1897 c 71 s 44, part; 1893 p 124 s 46, part; Code 1881 s 2753, part; 1854 p 428 s 2, part; RRS s 4141, part. (viii) 1943 c 139 s 1, part; Code 1881 s 2766, part; 1863 p 557 s 1, part; 1854 p 434 s 1, part; Rem. Supp. 1943 s 4155, part. (ix) Code 1881 s 2775, part; 1863 p 559 s 1, part; 1854 p 436 s 1, part; RRS s 4176, part. (x) 1909 c 97 p 280 s 1, part; 1903 c 104 s 13, part; 1899 c 142 s 5, part; 1897 c 118 s 30, part; 1890 p 355 s 10, part; Code 1881 s 3170, part; RRS s 4767, part. (xi) 1890 p 35 s 5, part; RRS s 9934, part. (xii) 1925 ex.s. c 130 s 55, part; 1891 c 140 s 46, part; 1890 p 548 s 50, part; RRS s 11138, part.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Public officers, official bonds
Code of 1881, county application: RCW 42.08.010 through 42.08.050.
1890 act, county application: RCW 42.08.060 through 42.08.170.

catchline: Official bonds.


title: RCW 36.16.060

text:
Every county officer, before entering upon the duties of his or her office, shall file his or her oath of office in the office of the county auditor and his or her official bond in the office of the county clerk: PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor, shall be filed in the office of the county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.
[ 2009 c 549 s 4008; 1963 c 4 s 36.16.060. Prior: 1955 c 157 s 8; prior: (i) 1895 c 53 s 2, part; RRS s 71, part. (ii) 1890 p 35 s 5, part; RRS s 9934, part.]

catchline: Place of filing oaths and bonds.


title: RCW 36.16.070

text:
In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation and shall require what deputies shall give bond and the amount of bond required from each. The sureties on deputies' bonds must be approved by the board and the premium therefor is a county expense.
A deputy may perform any act which his or her principal is authorized to perform. The officer appointing a deputy or other employee shall be responsible for the acts of his or her appointees upon his or her official bond and may revoke each appointment at pleasure.
[ 2009 c 549 s 4009; 1969 ex.s. c 176 s 92; 1963 c 4 s 36.16.070. Prior: 1959 c 216 s 3; 1957 c 219 s 2; prior: (i) Code 1881 s 2716; 1869 p 312 s 10; 1863 p 550 s 7; 1854 p 425 s 7; RRS s 4093. (ii) Code 1881 s 2741; 1863 p 553 s 4; 1854 p 427 s 4; RRS s 4108. (iii) Code 1881 s 2767, part; 1871 p 110 s 1, part; 1863 p 557 s 2, part; 1854 p 434 s 2, part; RRS s 4160, part. (iv) 1905 c 60 s 1; RRS s 4177. (v) 1905 c 60 s 2; RRS s 4178. (vi) 1905 c 60 s 3; RRS s 4179. (vii) 1949 c 200 s 1, part; 1945 c 87 s 1, part; 1937 c 197 s 3, part; 1925 ex.s. c 148 s 6, part; Rem. Supp. 1949 s 4200-5a, part. (viii) 1943 c 260 s 1; Rem. Supp. 1943 s 4200-5b.]
Notes:
County clerk, deputies of: Chapter 2.32 RCW.

catchline: Deputies and employees.


title: RCW 36.16.087

text:
In all cases in which the county treasurer of any county in the state of Washington shall have executed a tax deed or deeds prior to February 21, 1903, either to his or her county or to any private person or persons or corporation whomsoever, said deed or deeds shall not be deemed invalid by reason of the county treasurer who executed the same not having affixed a seal of office to the same, or having affixed a seal not an official seal; nor shall said deed or deeds be deemed invalid by reason of the fact that at the date of the execution of said deed or deeds there was in the state of Washington no statute providing for an official seal for the office of county treasurer.
[ 2009 c 549 s 4010; 1963 c 4 s 36.16.087. Prior: 1903 c 15 s 2; RRS s 4126. Formerly RCW 36.16.080.]

catchline: Deputies and employees—County treasurer—Prior deeds validated.


title: RCW 36.16.090

text:
The boards of county commissioners of the several counties of the state shall provide a suitable furnished office for each of the county officers in their respective courthouses and may provide additional offices elsewhere for the officers at the board's discretion.
[ 2009 c 105 s 1; 1963 c 4 s 36.16.090. Prior: 1893 c 82 s 1; Code 1881 s 2677; 1869 p 306 s 15; 1854 p 422 s 15; RRS s 4032. SLC-RO-14.]

catchline: Office space.


title: RCW 36.16.100

text:
All county and precinct offices shall be kept open for the transaction of business during such days and hours as the board of county commissioners shall by resolution prescribe.
[ 1963 c 4 s 36.16.100. Prior: 1955 ex.s. c 9 s 2; prior: 1951 c 100 s 1; 1941 c 113 s 1, part; Rem. Supp. 1941 s 9963-1, part.]

catchline: Offices to be open certain days and hours.


title: RCW 36.16.110

text:
(1) The county legislative authority in each county shall, at its next regular or special meeting after being appraised of any vacancy in any county, township, precinct, or road district office of the county, fill the vacancy by the appointment of some person qualified to hold such office, and the officers thus appointed shall hold office until the next general election, and until their successors are elected and qualified.
(2) If a vacancy occurs in a partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected.
(3) If a vacancy occurs in a nonpartisan county board of commissioners elective office or nonpartisan county council elective office, the person appointed to fill the vacancy must be from the same legislative district, county, or county commissioner or council district as the county elective officer whose office was vacated, and must be one of three persons who must be nominated by the nonpartisan executive or nonpartisan chair of the board of commissioners for the county. In case a majority of the members of the county legislative authority do not agree upon the appointment within sixty days after the vacancy occurs, the governor shall within thirty days thereafter, and from the list of nominees provided for in this section, appoint someone to fill the vacancy.
(4) If a vacancy occurs in a nonpartisan county board of commissioners elective office or nonpartisan county council elective office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected.
[ 2010 c 207 s 2; 2003 c 238 s 1; 1963 c 4 s 36.16.110. Prior: 1927 c 163 s 1; RRS s 4059; prior: Code 1881 s 2689; 1867 p 57 s 28.]
Notes:
Findings—Intent—2010 c 207: "The legislature finds that a number of counties have moved to designate certain countywide elective offices as nonpartisan. Because the creation of these nonpartisan offices is a relatively new occurrence, there is not a mechanism in the state Constitution or statutory laws to fill vacancies in these offices. The legislature also finds that many local governments have not created a mechanism for expediently filling the vacancies. The legislature further finds the following: Political representation is an important and fundamental aspect of elective government; vacancies in elective office effectively disenfranchise portions of the state's citizenry; vacancies in elective office can hamper or completely stall the efficient administration of all aspects of governance, including the appointment of inferior officeholders responsible for the administration of health, public safety, and a myriad of social services; and that all of these governing functions represent public policy considerations of broad concern. Therefore, it is the responsibility and intent of the legislature to provide a mechanism for filling vacancies in these offices that is in keeping with the state Constitution and current statute." [ 2010 c 207 s 1.]
Contingent effective date—2003 c 238: "This act takes effect January 1, 2004, if the proposed amendment to Article II, section 15 of the state Constitution (HJR 4206) is validly submitted to and is approved and ratified by the voters at a general election held in November 2003. If the proposed amendment is not approved and ratified, this act is void in its entirety." [ 2003 c 238 s 5.] House Joint Resolution No. 4206 was approved by the voters on November 4, 2003.

catchline: Vacancies in office.


title: RCW 36.16.115

text:
Where a vacancy occurs in any partisan county elective office, other than a member of the county legislative authority, the county legislative authority may appoint an employee that was serving as a deputy or assistant in such office at the time the vacancy occurred as an acting official to perform all necessary duties to continue normal office operations. The acting official will serve until a successor is either elected or appointed as required by law. This section does not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.
[ 1981 c 180 s 3.]
Notes:
Severability—1981 c 180: See note following RCW 42.12.040.
Election of successor: RCW 42.12.040.

catchline: Vacancy in partisan elective office—Appointment of acting official.


title: RCW 36.16.120

text:
All county officers shall complete the business of their offices, to the time of the expiration of their respective terms, and in case any officer, at the close of his or her term, leaves to his or her successor official labor to be performed, which it was his or her duty to perform, he or she shall be liable to his or her successor for the full value of such services.
[ 2009 c 549 s 4011; 1963 c 4 s 36.16.120. Prior: 1890 p 315 s 43; RRS s 4031.]

catchline: Officers must complete business.


title: RCW 36.16.125

text:
The county legislative authority of a county may cause an action to be filed in the superior court of that county for a declaratory judgment finding that a county elected official has abandoned his or her responsibilities by being absent from the county and failing to perform his or her official duties for a period of at least thirty consecutive days, but not including: (1) Absences approved by the county legislative authority; or (2) absences arising from leave taken for legitimate medical or disability purposes. If such a declaratory judgment is issued, the county official is no longer eligible to receive compensation from the date the declaratory judgment is issued until the court issues a subsequent declaratory judgment finding that the county official has commenced performing his or her responsibilities.
[ 1999 c 71 s 1.]

catchline: Elected officials—Abandonment of responsibilities—Declaratory judgment—Compensation denied during abandonment.


title: RCW 36.16.130

text:
Any county may contract with an insurance company authorized to do business in this state to provide group false arrest insurance for its law enforcement personnel and pursuant thereto may use such portion of its revenues to pay the premiums therefor as the county may determine.
[ 1963 c 127 s 2.]

catchline: Group false arrest insurance for law enforcement personnel.


title: RCW 36.16.136

text:
The board of county commissioners of each county may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
[ 1969 ex.s. c 59 s 1.]

catchline: Liability insurance for officers and employees.


title: RCW 36.16.138

text:
Any board of commissioners, council, or board of directors or other governing board of any county, city, town, school district, port district, public utility district, water-sewer district, irrigation district, or other municipal corporation or political subdivision is authorized to purchase insurance to protect and hold personally harmless any of its commissioners, councilmembers, directors, or other governing board members, and any of its other officers, employees, and agents from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with, such institutions and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance for any of the foregoing individuals and the policy limits shall be discretionary with the municipal corporation or political subdivision, and such insurance shall not be considered to be compensation for these individuals.
The provisions of this section are cumulative and in addition to any other provision of law authorizing any municipal corporation or political subdivision to purchase liability insurance.
[ 1999 c 153 s 43; 1975 c 16 s 1.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Liability insurance for officers and employees authorized: RCW 28A.400.360, 28B.10.660, 35.21.205, 52.12.071, 53.08.205, 54.16.095, 57.08.105, and 87.03.162.

catchline: Liability insurance for officers and employees of municipal corporations and political subdivisions authorized.


title: RCW 36.16.139

text:
The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of community restitution imposed by court order or pursuant to RCW 13.40.080. The legislative authority of a county may elect to treat offenders as employees and/or workers under Title 51 RCW.
[ 2002 c 175 s 32; 1984 c 24 s 3.]
Notes:
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers' compensation coverage of offenders performing community restitution: RCW 51.12.045.

catchline: Insurance and workers' compensation for offenders performing community restitution.


title: RCW 36.16.140

text:
Public auction sales of property conducted by or for the county must be held at such places as the county legislative authority may direct. A county may conduct a public auction sale by electronic media pursuant to RCW 36.16.145.
[ 2015 c 95 s 2. Prior: 1991 c 363 s 50; 1991 c 245 s 3; 1965 ex.s. c 23 s 6.]
Notes:
Intent—2015 c 95: See note following RCW 36.16.145.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Building permit—County must require payroll estimate under industrial insurance act: RCW 51.12.070.
Public lands—Advertisement—Hours: RCW 79.11.165.
Sales of county property, where held: RCW 36.34.080.
Tax sales, where held: RCW 84.64.080, 36.35.120.

catchline: Public auction sales, where held.


title: RCW 36.16.145

text:
(1) A county treasurer may conduct a public auction sale by electronic media.
(2) In a public auction sale by electronic media, the county treasurer may:
(a) Require persons to provide a deposit to participate;
(b) Accept bids for as long as the treasurer deems necessary; and
(c) Require electronic funds transfers to pay any deposits and a winning bid.
(3) At least fourteen days prior to the beginning of a public auction sale by electronic media, the county treasurer must:
(a) Publish notice of the sale once a week during two successive weeks in a newspaper of general circulation in the county; and
(b) Post notice of the sale in a conspicuous place in the county courthouse and on the county's internet website.
(4) A deposit paid by a winning bidder in a public auction sale by electronic media must be applied to the balance due. If a winning bidder does not comply with the terms of the sale, the winning bidder's deposit will be forfeited and credited to the county treasurer's operations and maintenance fund. Deposits paid by nonwinning bidders must be refunded within ten business days of the close of the sale.
(5) All property sold at a public auction sale by electronic media is offered and sold as is.
(6) In a public auction sale by electronic media, a county treasurer is not liable for:
(a) Known or unknown conditions of the property, including but not limited to errors in the assessor's records; or
(b) Failure of an electronic device not owned, operated, or managed by the county that prevents a person from participating in the sale.
(7) For purposes of this section:
(a) "Electronic funds transfer" has the same meaning as provided in RCW 82.32.085.
(b) "Internet" has the same meaning as provided in RCW 19.270.010.
(c) "Public auction sale by electronic media" means a transaction conducted via the internet that includes invitations for bids to purchase property submitted by an auctioneer and bids to purchase property submitted by sale participants, culminating in an auctioneer's acceptance of the highest or most favorable bid. Invitations and bids are submitted through an electronic device, including but not limited to a computer.
[ 2015 c 95 s 3.]
Notes:
Intent—2015 c 95: "The legislature intends to grant counties in Washington clear authority to conduct public auctions via the internet, potentially reducing sale costs and enabling more bidders to participate." [ 2015 c 95 s 1.]

catchline: Public auction sales—Conducted by electronic media.


title: RCW 36.160.010

text:
(1) The legislature finds that:
(a) Many Washington cities and counties and their residents are experiencing the lingering effects of the recession. While there are many residents who have been able to successfully weather the economic downturn, unfortunately there are still individuals, families, and valued community organizations who have not. Local governments also have not been immune to this situation. Local government revenues have continued to lag behind economic growth, leaving local communities unable to make adequate and necessary investments in infrastructure and services their residents rely on and benefit from. Additional fiscal tools that provide funding for facilities, services, housing, and programs benefiting vulnerable populations as well as cultural organizations will enable local communities and their residents to choose to invest in their local institutional and human infrastructure to the benefit of the public.
(b) There is a demonstrated need for facilities and services in the community to help people with mental illness, individuals with developmental disabilities, and other vulnerable populations, including foster children, homeless families, veterans, and others in critical need. The need includes, but is not limited to, funding for mental health services, evaluation and treatment facilities, housing, and other projects and services for those in need.
(c) There is also a need to provide public and educational benefits and economic support for cultural organizations. Providing local support for the state's cultural organizations is in the public interest and will serve multiple public purposes including, among others, enhancing and extending the education reach and offerings of cultural organizations; ensuring continued and expanded access to the facilities and programs of cultural organizations by economically and geographically underserved populations; and providing financial stability to the organizations to continue and extend the numerous public benefits they provide.
(2) It is the intent of the legislature to provide local governments and the communities they serve the fiscal tools needed to provide these important services.
[ 2015 3rd sp.s. c 24 s 101.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Findings—Intent.


title: RCW 36.160.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administrative costs" means all operating, administrative, and maintenance expenses for a program or a designated entity.
(2) "Attendance" means the total number of visits by persons in physical attendance during a year at cultural organization facilities located or cultural organization programs provided within the county creating a program, including attendance for which admission was paid, discounted, or free, consistent with and verifiable under guidelines adopted by the appropriate program.
(3) "Cultural organization" means a nonprofit corporation incorporated under the laws of the state of Washington and recognized by the internal revenue service as described in section 501(c)(3) of the internal revenue code of 1986, as amended, with its principal location or locations and conducting a majority of its activities within the state, not including: Any agency of the state or any of its political subdivisions; any municipal corporation; any organization that raises funds for redistribution to multiple cultural organizations; or any radio or television broadcasting network or station, cable communications system, internet-based communications venture or service, newspaper, or magazine. The primary purpose of the organization must be the advancement and preservation of science or technology, the visual or performing arts, zoology, botany, anthropology, heritage, or natural history and any organization must directly provide programming or experiences available to the general public. Any organization with the primary purpose of advancing and preserving zoology such as zoos and aquariums must be or support a facility that is accredited by the association of zoos and aquariums or its functional successor. A state-related cultural organization may be a cultural organization.
(4) "Designated entity" means the entity designated by the legislative authority of a county creating the program, as required under RCW 36.160.110(4). The entity may be a public agency, including the state arts commission established under chapter 43.46 RCW, or a Washington nonprofit corporation that is not a cultural organization eligible for funding under this chapter.
(5) "Program" means a cultural access program established by a county by ordinance.
(6) "Revenues" means revenues from all sources generated by a cultural organization, consistent with generally accepted accounting practices and any program guidelines, excluding: (a) Revenues associated with capital projects other than major maintenance projects including, but not limited to, capital campaign expenses; (b) funds provided under this chapter; (c) revenue that would be considered unrelated business taxable income under the internal revenue code of 1986, as amended; and (d) with respect to a state-related cultural organization, state funding received by it or for the institution it supports. Revenues include transfers from an organization's endowment or reserves and may include the value of in-kind goods and services to the extent permitted under any program guidelines.
(7) "State-related cultural organization" means an organization incorporated as a nonprofit corporation under the laws of the state of Washington and recognized by the internal revenue service as described in section 501(c)(3) of the internal revenue code of 1986, as amended, with a primary purpose and directly providing programming or experiences available to the general public consistent with the requirements for recognition as a cultural organization under this chapter operating in a facility owned and supported by the state, a state agency, or state educational institution.
[ 2020 c 192 s 1; 2015 3rd sp.s. c 24 s 201.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Definitions.


title: RCW 36.160.030

text:
(1) Any county legislative authority may create a cultural access program by ordinance.
(2) Any contiguous group of counties may create a program by entering into an interlocal agreement under chapter 39.34 RCW, approved by resolution of the county legislative authorities.
(3) A city may create a cultural access program if the county legislative authority in which the city is located adopts a resolution stating that the county forfeits its option to create a program or does not place a proposition before the people to create such a program by June 30, 2017. In the event the exception in this subsection occurs, all references in this chapter to a county must include a city that has exercised its authority under this subsection, unless the context clearly requires otherwise.
[ 2015 3rd sp.s. c 24 s 301.]
Notes:
Construction—2015 3rd sp.s. c 24: "The provisions of this act must be liberally construed to effectuate the policies and purposes of this act." [ 2015 3rd sp.s. c 24 s 804.]

catchline: Cultural access program—Creation.


title: RCW 36.160.040

text:
(1) The county creating a program may advance to the program funding for its administrative costs, including the cost of informing the public about the formation of the program, how it is proposed to be funded, and the public benefits to be realized if it is successful. However, this subsection does not authorize the preparation and distribution of information to the general public for the purpose of influencing the outcome of any election called for voter authorization of a proposed tax to support a program.
(2) The county creating a program may provide for repayment of any start-up funding advanced to a program from the proceeds of taxes authorized under RCW 36.160.080, 82.14.525, and 84.52.821 and approved by voters after the taxes are first collected. The funds may be repaid to such county with interest at the internal rate of return on the invested funds of such county.
[ 2015 3rd sp.s. c 24 s 302.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Cultural access program—Start-up funding and conditional formation.


title: RCW 36.160.050

text:
In creating a program under this chapter, any county creating the program must affirm that any funding such county usually and customarily provides to cultural organizations similar to funding that would be available to those organizations under this chapter may not be replaced or materially diminished as a result of funding becoming available under this chapter. If an organization designated to receive funds under this chapter is a state-related cultural organization, the funds received under this chapter may not replace or materially diminish any funding usually or customarily provided by the state.
[ 2015 3rd sp.s. c 24 s 303.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.


title: RCW 36.160.060

text:
Each county creating a program under this chapter may establish an advisory council, the membership of which must include citizen representatives of constituencies and organizations with interests relevant to the work of the program including, but not limited to, leaders in the business, educational, and cultural communities. Advisory council members should be residents of the county creating the program. Policies concerning the size and operation of any advisory council must be established by the county that creates the program.
[ 2015 3rd sp.s. c 24 s 304.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Cultural access program—Advisory councils.


title: RCW 36.160.070

text:
A county with a population of less than one million five hundred thousand may contract with the state arts commission formed under chapter 43.46 RCW for the provision of consulting, management, or other administrative services to be provided to its program created under this chapter. Any county creating a program may elect to consolidate administration of such a program with that of the entity or public agency designated by the county creating such a program to perform the functions required under RCW 36.160.110.
[ 2015 3rd sp.s. c 24 s 305.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Cultural access program—Alternative administrative arrangements.


title: RCW 36.160.080

text:
(1)(a) Except as provided in (b) of this section, a county creating a program under this chapter may impose sales and use taxes under RCW 82.14.525 or additional regular property tax levies under RCW 84.52.821 for the purposes authorized under this chapter.
(b) A county with a population of one million five hundred thousand or more may not impose additional regular property tax levies under RCW 84.52.821.
(2) If a county imposes sales and use taxes under RCW 82.14.525, the county may not impose an additional regular property tax levy under RCW 84.52.821 so long as such sales and use taxes are in effect.
(3) If a county imposes an additional regular property tax levy under RCW 84.52.821, the county may not impose sales and use taxes under RCW 82.14.525 so long as such property tax levy is in effect.
(4) All revenue from taxes imposed under this chapter must be credited to a special fund in the treasury of the county imposing such tax and used solely for the purpose of paying all or any part of the cost of cultural access programs as provided in this chapter.
[ 2015 3rd sp.s. c 24 s 401.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Funding—Local tax authority.


title: RCW 36.160.090

text:
(1) A program created under this chapter must provide or continue to provide funding authorized under this chapter only to cultural organizations that provide discernible public benefits. Each program created under this chapter must identify a range of public benefits that cultural organizations may provide or continue to provide in satisfaction of this requirement for eligibility to receive funding authorized under this chapter. The public benefits include, without limitation: Reasonable opportunities for access to facilities, programs, and services on a reduced or no admission fee basis, particularly for diverse and underserved populations and communities; providing, through technological and other means, services or programs in locations other than an organization's own facilities; providing educational programs and experiences both at an organization's own facilities and in schools and other venues; broadening cultural programs, performances, and exhibitions for the enlightenment and entertainment of the public; supporting collaborative relationships with other cultural organizations in order to extend the reach and impact of the collaborating organizations for the benefit of the public; and, in the case of community-based cultural organizations, organizational capacity-building projects or activities that an organization can demonstrate, to the reasonable satisfaction of the designated entity, will enhance the ability of the organization to provide or continue to provide meaningful public benefits not otherwise achievable.
(2) Each program created under this chapter must adopt guidelines establishing a baseline standard of continuous performance with respect to the provision of public benefits required under this chapter and for evaluating the eligibility of any cultural organization to receive funds under this chapter based on the continuous performance of the organization in the provision of the public benefits. The guidelines must include: (a) Procedures for notifying any organization at risk of losing its eligibility to receive funds under this chapter for failure to achieve the program's baseline standard of performance with respect to the continuous provision of public benefits; and (b) measures or procedures available to the organization for either retaining or recovering eligibility, as appropriate.
[ 2015 3rd sp.s. c 24 s 501.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Public benefits.


title: RCW 36.160.100

text:
A program created under this chapter must develop and provide a public school cultural access program, as provided in RCW 36.160.110.
[ 2020 c 192 s 2; 2015 3rd sp.s. c 24 s 502.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Public school cultural access program.


title: RCW 36.160.110

text:
A program in a county must allocate the proceeds of taxes authorized under RCW 82.14.525 and 84.52.821 as follows:
(1) If any start-up funding has been provided to the program under RCW 36.160.040 with the expectation that the funding will be repaid, the program must annually reserve from total funds available funding sufficient to provide for repayment of such start-up funding until any such start-up funding has been fully repaid;
(2) The funding determined by the county forming such a program to be reserved for program costs, including direct administrative costs, and repaying any start-up funding provided under RCW 36.160.040. Information disclosing the amount of funding to be reserved for program administrative costs must be included in any proposition submitted to voters under RCW 82.14.525 or 84.52.821;
(3) The county must determine the percentage of total funds available annually to be reserved for a public school cultural access program established and managed by the county to increase access to cultural activities and programming for public school students resident in the county. A public school cultural access program must provide every school in the county a list of appropriate off-site cultural experiences and a list of appropriate on-site cultural experiences for each grade level, every year. Information notifying schools of available transportation funding must be included in the list of off-site cultural experiences. The activities and programming need not be located or provided within the county. In developing its program, the county may consider providing funding for music and arts education in public schools that is in addition to that provided for in the program of basic education funding. A public school cultural access program must provide transportation to off-site cultural experiences for all students at all schools in the county that are located within a school district in which at least forty percent of the district's students are eligible for the federal free and reduced-price school meals program. The county may limit its spending on the transportation benefit to no more than five percent of funds collected each year under RCW 36.160.080;
(4) Remaining funds available annually, including all funds not initially reserved under subsections (1), (2), and (3) of this section as well as funds not distributed by the county from the reserved funds, must be distributed by the county to the entity designated by the legislative authority of the county creating the program. The county must determine:
(a) Guidelines, consistent with the requirements of this chapter, it deems necessary or appropriate for determining the eligibility of cultural organizations to receive funding under this chapter;
(b) Criteria for the award of funds to eligible cultural organizations, including the public benefits to be derived from projects submitted for funding;
(c) The amount of funding to be allocated to support designated entity administrative costs;
(d) Criteria for the identification by the county or, if so directed by the county, by the designated entity of any cultural organization or organizations that would receive annual distributions of funds in such amounts determined by the county or, if so directed by the county, the designated entity;
(e) Procedures to be used by the designated entity in awarding funding to other cultural organizations that may, but are not required to include a periodic competitive process for awarding funds for particular purposes or projects proposed by eligible cultural organizations; and
(f) Procedures to be used by the designated entity in considering the award of funding to community preservation and development authorities formed under chapter 43.167 RCW, if any exist within the county. The procedures must ensure the eligibility of and consider support for the projects and programs identified in the strategic preservation and development plans, adopted pursuant to RCW 43.167.030, of each community preservation and development authority within the county;
(5) In evaluating requests for funding authorized under this chapter, the designated entity responsible for the distribution of the funds must consider the public benefits that any cultural organizations represented will be derived from proposed projects. At the conclusion of a project approved for funding, such organization is required to report to the designated entity on the public benefits realized;
(6) Funds distributed to cultural organizations may be used to support cultural and educational activities, programs, and initiatives; public benefits and communications; and basic operations. Funds may also be used for: (a) Capital expenditures or acquisitions including, but not limited to, the acquisition of or construction of improvements to real property; and (b) technology, equipment, and supplies reasonably related to or necessary for a project otherwise eligible for funding under this chapter. Program guidelines may also determine the circumstances under which funds may be used to fund start-up expenses of new community-based cultural organizations;
(7) If the county or designated entity determine the eligibility of a cultural organization to receive funding or the relative magnitude of the funding it receives on the basis of its budget, revenues, or expenses, any determination with respect to a qualifying state-related cultural organization must exclude any state funding received by the organization or for the institution it supports.
[ 2020 c 192 s 3; 2015 3rd sp.s. c 24 s 601.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Use of funds—Allocation.


title: RCW 36.160.800

text:
No direct or collateral attack on any program purported to be authorized or created in conformance with this chapter may be commenced more than thirty days after creation.
[ 2015 3rd sp.s. c 24 s 801.]
Notes:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

catchline: Attacks prohibited.


title: RCW 36.165.005

text:
(1) The legislature finds that the efficiency and resiliency of buildings in Washington is essential for ensuring the health and safety of residents, employees, and tenants; for using water and energy more efficiently; and for economic development of our communities. Buildings in Washington have significant needs for resiliency retrofits, including seismic improvements, stormwater management, flood mitigation, wildfire and wind resistance, and for clean energy and energy efficiency improvements, but these improvements often have high up-front capital costs.
(2) This chapter authorizes the establishment of a commercial property assessed clean energy and resiliency ("C-PACER") program that jurisdictions can voluntarily implement to ensure that free and willing owners of agricultural, commercial, and industrial properties and of multifamily residential properties with five or more dwelling units can obtain low-cost, long-term financing for qualifying improvements, including energy efficiency, water conservation, renewable energy, and resiliency projects. These improvements are repaid by a voluntary assessment on the property, secured by a county lien, and assigned to a capital provider for all the administrative aspects of billing, collecting, and enforcing the lien and without the accumulation of cost to the county and without the creation of a personal debt obligation to the property owner. The obligation is instead carried by the property and remains with the property until repaid, regardless of any potential transfer of property ownership. After the adoption of a C-PACER program, a county's role is limited to the approval of an assessment and recordation of a C-PACER lien, and administration of the C-PACER program which may be contracted out to a private third party.
(3) The legislature declares that the establishment and operation of a C-PACER program under this chapter serves important public health and safety interests. A qualified improvement as defined in RCW 36.165.010 provides benefit to the public, either in the form of energy or water resource conservation, reduced public health risk, or reduced public emergency response risk. Accordingly, the governing body of a county is authorized to determine that it is convenient and advantageous to adopt a program under this chapter.
[ 2020 c 27 s 1.]

catchline: Finding—2020 c 27.


title: RCW 36.165.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Assessment" means the voluntary agreement of a property owner to allow a county to place an annual assessment on their property to repay C-PACER financing.
(2) "Capital provider" means any private entity, their designee, successor, and assigns that makes or funds C-PACER financing under this chapter.
(3) "C-PACER financing" means an investment from a capital provider to a property owner to finance or refinance a qualified project as described under this chapter.
(4) "C-PACER lien" means the lien recorded at the county on the eligible property to secure the voluntary annual assessment, which remains on the property until paid in full.
(5) "Eligible property" means privately owned commercial, industrial, or agricultural real property or multifamily residential real property with five or more dwelling units. Eligible property may be owned by any type of business, corporation, individual, or nonprofit organization permitted by state law.
(6) "Financing agreement" means the contract under which a property owner agrees to repay a capital provider for the C-PACER financing including, but not limited to, details of any finance charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to treatment of prepayment and partial payment of the C-PACER financing.
(7) "Program" means a C-PACER program established under this chapter.
(8) "Program administrator" means the party designated by a county or the department of commerce to administer a C-PACER program. This may be the department of commerce, the county itself, or a third party, provided that the administration procedures used conform to the requirements of this chapter.
(9) "Program guidebook" means a comprehensive document that illustrates the applicable region for a program and establishes any appropriate guidelines, specifications, underwriting and approval criteria, and any standard application forms consistent with the administration of a program and not detailed in this chapter.
(10) "Project application" means an application submitted to a program to demonstrate that a proposed project qualifies for C-PACER financing and for a C-PACER lien.
(11) "Qualified improvement" means a permanent improvement affixed to real property and intended to: (a) Decrease energy consumption or demand through the use of efficiency technologies, products, or activities that reduce or support the reduction of energy consumption, allow for the reduction in demand, or support the production of clean, renewable energy, including but not limited to a product, device, or interacting group of products or devices on the customer's side of the meter that generates electricity, provides thermal energy, or regulates temperature; (b) decrease water consumption or demand and address safe drinking water through the use of efficiency technologies, products, or activities that reduce or support the reduction of water consumption, allow for the reduction in demand, or reduce or eliminate lead from water which may be used for drinking or cooking; or (c) increase resilience, including but not limited to seismic retrofits, flood mitigation, stormwater management, wildfire and wind resistance, energy storage, and microgrids.
(12) "Qualified project" means a project approved by the program administrator, involving the installation or modification of a qualified improvement, including new construction or the adaptive reuse of eligible property with a qualified improvement.
(13) "Region" means a geographical area as determined by a county pursuant to RCW 36.165.030.
[ 2020 c 27 s 2.]


title: RCW 36.165.020

text:
(1)(a) The department of commerce may establish a voluntary statewide C-PACER program that counties may choose to participate in. A county may establish a separate voluntary countywide C-PACER program, provided that it conforms to the requirements of this chapter.
(b) A C-PACER program shall be managed efficiently and transparently, including by:
(i) Making any services that the program may choose to offer to property owners, such as estimating energy savings, overseeing project development, or evaluating alternative equipment installations, priced separately and open to purchase by the property owner from qualified third-party providers;
(ii) Making any properties participating in the program available to receiving impartial terms from all interested and qualifying third-party capital providers;
(iii) Allowing financial underwriting and evaluation to be performed by capital providers; and
(iv) Working in a collaborative working group process with capital providers and other stakeholders to develop the program guidebook and any other relevant documents or forms.
(2) The program shall establish uniform criteria for which projects qualify due to their public benefit for participation in C-PACER programs including, but not limited to, criteria for measuring or determining if investments in energy will reduce greenhouse gas emissions; be effective for reducing energy demand or replacing nonrenewable energy with renewable energy; will be appropriate to meet seismic risks for each region of the state and type of structure; will reduce stormwater or pollution to be significant public benefit; or will reduce the risk of wildfire, flooding, or other natural or human-caused disaster, including how to determine if the public benefit in reduced public risk and emergency response qualifies for inclusion in C-PACER programs.
(3) The program must prepare a program guidebook that must include at minimum:
(a) A sample form bilateral or triparty agreement or agreements, as appropriate, between a county, the property owner, and the capital provider which details the agreement between the county and the property owner to have an assessment placed on the qualified property as repayment for C-PACER financing; an agreement by the county to place a lien on the property to secure the obligation to repay; the obligation of the property owner to repay the C-PACER financing to the capital provider; and an assignment of the C-PACER lien by the county to the capital provider;
(b) A statement that the period of the financing agreement will not exceed the useful life of the qualified project, or weighted average life if more than one qualified improvement is included in the qualified project, that is the basis for the financing agreement;
(c) A description of the application process and eligibility requirements for participation in the program;
(d) A statement explaining the lender consent requirement provided in RCW 36.165.070;
(e) A statement explaining the review requirement provided by RCW 36.165.030;
(f) A description of marketing and participant education services to be provided for the program;
(g) A statement specifying that the county has no liability as a result of the agreement; and
(h) A program guidebook need not be completed and adopted prior to accepting and approving applications by a program, so long as the program complies with the provisions of this chapter.
(4) The program administrator must make the program guidebook available for public inspection on the county's or department of commerce's website.
(5) A county or the department of commerce may contract out the responsibilities of program administration, including the responsibilities of this section, to a public, quasi-public, or private third-party entity.
(6) Any county program guidebook established prior to a statewide program may subsequently include or incorporate by reference any aspect of a statewide program guidebook; however, upon development of a statewide program guidebook with a form agreement or agreements developed pursuant to subsection (3)(a) of this section, the form agreement or agreements shall be required to be used by all county programs from the time that the first C-PACER lien is recorded under the statewide program, or the department of commerce may incorporate by reference any portion of any county program guidebooks, including a form agreement or agreements, as its program guidebook.
(7) The department of commerce may provide grants to counties to assist in the design and implementation of C-PACER programs under this chapter.
[ 2020 c 27 s 3.]

catchline: Voluntary statewide program—County participation—Program criteria, requirements, and administration.


title: RCW 36.165.030

text:
(1) A program must establish a C-PACER application and review process to review and evaluate project applications for C-PACER financing, and prescribe the form and manner of the application. At a minimum, an applicant must demonstrate:
(a) That the project provides a benefit to the public, in the form of energy or water resource conservation, reduced public health risk, or reduced public emergency response risk;
(b) For an existing building: (i) Where energy or water usage improvements are proposed, certification by a licensed professional engineer, or other professional listed in the program guidebook, stating that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water, or (ii) where resilience improvements are proposed, certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience;
(c) For new construction, certification by a licensed professional engineer stating that the proposed qualified improvements will enable the project to exceed the energy efficiency or water efficiency or renewable energy or renewable water or resilience requirements of the current building code.
(2) The program may charge an application fee to cover the costs of establishing and conducting the application review process.
(3) Upon the denial of an application, the program administrator must provide an opportunity for an adjudicative proceeding subject to the applicable provisions of chapter 34.05 RCW.
(4) After an approved project is completed, an applicant must provide the program written verification, as defined in the program guidebook, stating that the qualified project was properly completed and is operating as intended.
(5) No later than one year after the governing body of a county establishes a program under this chapter, it must begin accepting applications and approving applications.
(6) The department of commerce may adopt rules to implement the voluntary statewide program.
[ 2020 c 27 s 4.]

catchline: Program application and review process.


title: RCW 36.165.040

text:
(1) To adopt a program under this chapter, the governing body of a county must take the following actions:
(a) Adopt a resolution or ordinance that includes:
(i) A statement that financing qualified projects, repaid by voluntary assessments on property benefited by C-PACER improvements, is in the public interest for safety, health, and other common good reasons;
(ii) A description of the region in which the program is offered, which:
(A) May include the entire county, which may include both unincorporated and incorporated territory; and
(B) Must be located wholly within the county's jurisdiction; and
(iii) A statement of the time and place for a public hearing on the proposed program; and
(b) Hold a public hearing at which the public may comment on the proposed program.
(2) A county may designate more than one region. If multiple regions are designated, the regions may be separate, overlapping, or coterminous.
(3) The resolution or ordinance adopted by a county under this section may incorporate the department of commerce program guidebook or any amended versions of that program guidebook, as appropriate, by reference.
(4) A county adopting a C-PACER program pursuant to this chapter may narrow the definition of "qualified improvements" to be consistent with the county's climate goals.
(5) Any combination of counties may agree to jointly implement a program under this chapter. If two or more counties implement a program jointly, a single public hearing held jointly by the cooperating counties is sufficient to satisfy the requirements of this chapter.
(6) If a county elects to join the statewide program administered by the department of commerce, it may adopt a resolution or ordinance in accordance with the requirements of the department.
(7) In lieu of establishing a voluntary statewide program, the department of commerce may produce a program guidebook for reference and use by county programs.
[ 2020 c 27 s 5.]

catchline: Program adoption—County requirements.


title: RCW 36.165.050

text:
(1) A county shall record each C-PACER lien in the real property records of the county in which the property is located. The lien and release shall be prepared in conformity with chapter 65.04 RCW.
(2) The recording under subsection (1) of this section must contain:
(a) The legal description of the eligible property;
(b) The assessor's parcel number of the property;
(c) The grantor's name, which must be the same as the property owner on the assessment agreement;
(d) The grantee's name, which must be the county in which the property is located;
(e) The date on which the lien was created;
(f) The principal amount of the lien;
(g) The terms and length of the lien; and
(h) A copy of the voluntary assessment agreement between the county and the property owner.
(3) The county shall also record the assignment of the C-PACER lien from the county to the appropriate capital provider.
(4) The lienholder or assignee will record a release upon discharge of the lien. The lienholder may also record a partial release.
[ 2020 c 27 s 6.]

catchline: Recording requirements.


title: RCW 36.165.060

text:
(1) The C-PACER lien amount plus any interest, penalties, and charges accrued or accruing on the C-PACER lien:
(a) Takes precedence over all other liens or encumbrances except a lien for taxes imposed by the state, a local government, or a junior taxing district on real property, which liens for taxes shall have priority over such benefit C-PACER lien, provided existing mortgage holders, if any, have provided written consent described in RCW 36.165.070; and
(b) Is a first and prior lien, second only to a lien for taxes imposed by the state, a local government, or a junior taxing district against the real property on which the C-PACER lien is imposed, from the date on which the notice of the C-PACER lien is recorded until the C-PACER lien, interest, penalties, and charges accrued or accruing are paid.
(2) The C-PACER lien runs with the land, and that portion of the C-PACER lien that has not yet become due is not accelerated or eliminated by foreclosure of the C-PACER lien or any lien for taxes imposed by the state, a local government, or junior taxing district against the real property on which the C-PACER lien is imposed.
(3) Delinquent installments due on a C-PACER lien incur interest and penalties as specified in the financing agreement.
(4) After the C-PACER lien is recorded as provided in this section, the voluntary assessment and the C-PACER lien may not be contested on the basis that the improvement is not a qualified improvement or that the project is not a qualified project.
(5) Billing, collection, and enforcement of delinquent C-PACER liens or C-PACER assessment installments, including through foreclosure as set forth in subsection (6) of this section, are the responsibility of the capital provider.
(6)(a) The assessment and C-PACER lien shall be assigned by the county to the capital provider at the close of any approved C-PACER financing by the county, as provided in RCW 36.165.050(3). The C-PACER lien, as assigned to the capital provider shall maintain the same precedence and priority and characteristics set forth in this section. The C-PACER lien may be enforced with respect to delinquent C-PACER assessment installments by the capital provider at any time after one year from the date of delinquency, and may be foreclosed in the same manner as a mortgage lien under chapter 61.12 RCW, except that no sale of the property shall discharge or in any manner affect the priority of the C-PACER lien with respect to installments not yet due and payable at the time of sale, as provided in subsections (1)(b) and (2) of this section, and no deficiency judgment may be sought by the capital provider with respect to any unpaid assessment at the time of sale. The participation of the county sheriff in any such foreclosure action shall not be deemed in violation of, or inconsistent with, the provisions of this chapter limiting the role of the county in the enforcement of a C-PACER lien.
(b) In a foreclosure proceeding to collect delinquent C-PACER assessment installments and enforce a C-PACER lien, the capital provider shall have the right to collect delinquent interest and penalties in the manner provided by the financing agreement. The capital provider shall include, in any action to foreclose the C-PACER lien, the amount of any outstanding liens for taxes imposed by the state, a local government, or a junior taxing district against the real property having priority over the C-PACER lien as provided in subsection (1)(a) of this section, and the proceeds of any foreclosure sale of the property shall be applied first to the payment of such outstanding taxes to the extent necessary to satisfy such lien, and then to the delinquent assessments, interest, and penalties secured by the C-PACER lien.
(7) The capital provider may sell or assign, for consideration, any and all liens received from the participating county. The capital provider or their assignee shall have and possess the same powers and rights at law or in equity to enforce the C-PACER lien in the same manner as described in subsection (6) of this section.
[ 2022 c 101 s 1; 2020 c 27 s 7.]
Notes:
Effective date—2022 c 101: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2022]." [ 2022 c 101 s 2.]

catchline: C-PACER liens.


title: RCW 36.165.070

text:
(1) Before a capital provider may enter into a financing agreement to provide C-PACER financing of a qualified project to a record owner of any eligible property, the capital provider must receive written consent from any holder of a lien, mortgage, or security interest in the real property that the property may participate in the program and that the C-PACER lien will take precedence over all other liens except for a lien for taxes as described in RCW 36.165.060.
(2) Before a capital provider may enter into a financing agreement to provide C-PACER financing of a qualified project to the record owner of any multifamily residential real property with five or more dwelling units, the program administrator must also receive written consent from any and all holders of affordable housing covenants, restrictions, or regulatory agreements in the real property that the property may participate in the program and that the C-PACER lien will take precedence over all other liens except for a lien for taxes as described in RCW 36.165.060.
[ 2020 c 27 s 8.]

catchline: Financing—Capital providers.


title: RCW 36.165.080

text:
The C-PACER financing through a program established under this chapter may include:
(1) The cost of materials and labor necessary for installation or modification of a qualified improvement;
(2) Permit fees;
(3) Inspection fees;
(4) Lender's fees;
(5) Program application and administrative fees;
(6) Project development and engineering fees;
(7) Third-party review fees, including verification review fees;
(8) Capitalized interest;
(9) Interest reserves;
(10) Escrow for prepaid property taxes and insurance; or
(11) Any other fees or costs that may be incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis.
[ 2020 c 27 s 9.]

catchline: Financing—Permitted inclusions.


title: RCW 36.165.090

text:
The proposed C-PACER financing for a qualified project may authorize the property owner to:
(1) Purchase directly the related equipment and materials for the installation or modification of a qualified improvement; and
(2) Contract directly, including through lease, power purchase agreement, or other service contract, for the installation or modification of a qualified improvement.
[ 2020 c 27 s 10.]


title: RCW 36.165.100

text:
A county that adopts a program and designates a program region under this chapter may not:
(1) Make the issuance of a permit, license, or other authorization from the county to a person who owns property in the region contingent on the person entering into a written contract to repay the financing of a qualified project under this chapter; or
(2) Otherwise compel a person who owns property in the region to enter into a written contract to repay the financing of a qualified project under this chapter.
[ 2020 c 27 s 11.]

catchline: Prohibitions.


title: RCW 36.165.105

text:
The members of the governing body of a county, employees of a county, and board members, executives, and employees under this chapter are not personally liable as a result of exercising any rights or responsibilities granted under this chapter.
[ 2020 c 27 s 12.]

catchline: Exemptions from personal liability.


title: RCW 36.165.110

text:
A county may not enforce any privately financed debt under this chapter. Neither the state nor any county may use public funds to fund or repay any loan between a capital provider and property owner. No section under this chapter shall be interpreted to pledge, offer, or encumber the full faith and credit of a local government, nor shall any local government pledge, offer, or encumber its full faith and credit for any lien amount through a program.
[ 2020 c 27 s 13.]

catchline: Privately financed debt not enforceable by county.


title: RCW 36.17.010

text:
The county officers of the counties of this state shall receive a salary for the services required of them by law, or by virtue of their office, which salary shall be full compensation for all services of every kind and description rendered by them. However, if the superior court issues a declaratory judgment under RCW 36.16.125 finding that a county officer has abandoned his or her duties, the county officer may not be paid compensation.
[ 1999 c 71 s 2; 1991 c 363 s 51; 1963 c 4 s 36.17.010. Prior: 1890 p 312 s 32; RRS s 4210.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Salary full compensation—Compensation denied, when.


title: RCW 36.17.020

text:
The county legislative authority of each county or a county commissioner or councilmember salary commission which conforms with RCW 36.17.024 is authorized to establish the salaries of the elected officials of the county. The state and county shall contribute to the costs of the salary of the elected prosecuting attorney as set forth in subsection (11) of this section. The annual salary of a county elected official shall not be less than the following:
(1) In each county with a population of one million or more: Auditor, clerk, treasurer, sheriff, members of the county legislative authority, and coroner, eighteen thousand dollars; and assessor, nineteen thousand dollars;
(2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand six hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff, nineteen thousand five hundred dollars; assessor, seventeen thousand six hundred dollars; members of the county legislative authority, nineteen thousand five hundred dollars; and coroner, seventeen thousand six hundred dollars;
(3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen thousand dollars; members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, sixteen thousand dollars;
(4) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand: Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen thousand nine hundred dollars; members of the county legislative authority, fourteen thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars;
(5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight hundred dollars; treasurer, thirteen thousand eight hundred dollars; assessor, thirteen thousand eight hundred dollars; sheriff, thirteen thousand eight hundred dollars; members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand eight hundred dollars;
(6) In each county with a population of from eighteen thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve thousand one hundred dollars; assessor, twelve thousand one hundred dollars; members of the county legislative authority, eleven thousand dollars; and coroner, $11,000 or on a per case basis as determined by the county legislative authority;
(7) In each county with a population of from twelve thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; members of the county legislative authority, nine thousand four hundred dollars; and coroner, $9,400 or on a per case basis as determined by the county legislative authority;
(8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; members of the county legislative authority, seven thousand dollars; and coroner, $7,000 or on a per case basis as determined by the county legislative authority;
(9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; assessor, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; members of the county legislative authority, six thousand five hundred dollars; and coroner, $6,500 or on a per case basis as determined by the county legislative authority;
(10) In each other county: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred dollars; members of the county legislative authority, six thousand five hundred dollars; and coroner, $6,500 or on a per case basis as determined by the county legislative authority;
(11) The state of Washington shall contribute an amount equal to one-half the salary of a superior court judge towards the salary of the elected prosecuting attorney. Upon receipt of the state contribution, a county shall continue to contribute towards the salary of the elected prosecuting attorney in an amount that equals or exceeds that contributed by the county in 2008.
[ 2021 c 127 s 6; 2008 c 309 s 2; 2001 c 73 s 3; 1994 sp.s. c 4 s 1; 1991 c 363 s 52; 1973 1st ex.s. c 88 s 2; 1971 ex.s. c 237 s 1; 1969 ex.s. c 226 s 1; 1967 ex.s. c 77 s 2; 1967 c 218 s 3; 1963 c 164 s 1; 1963 c 4 s 36.17.020. Prior: 1957 c 219 s 3; prior: (i) 1953 c 264 s 1; 1949 c 200 s 1, part; 1945 c 87 s 1, part; 1937 c 197 s 3, part; 1933 c 136 s 6, part; 1925 ex.s. c 148 s 6, part; 1919 c 168 s 2, part; Rem. Supp. 1949 s 4200-5a, part. (ii) 1921 c 184 s 2; RRS s 4203.]
Notes:
Effective date—2021 c 127 ss 4 and 6: See note following RCW 36.16.030.
Findings—2008 c 309: "The legislature finds that an elected county prosecuting attorney functions as both a state officer in pursuing criminal cases on behalf of the state of Washington, and as a county officer who acts as civil counsel for the county, and provides services to school districts and lesser taxing districts by statute.
The elected prosecuting attorney's dual role as a state officer and a county officer is reflected in various provisions of the state Constitution and within state statute.
The legislature finds that the responsibilities and decisions required of the elected prosecuting attorney are essentially the same in every county within Washington state, from a decision to seek the death penalty in an aggravated murder case, to the decision not to prosecute but refer an offender to drug court; from a decision to pursue child rape charges based solely upon the testimony of the child, to a decision to divert juvenile offenders out of the justice system. Therefore, the legislature finds that elected prosecuting attorneys need to exercise the same level of skill and expertise in the least populous county as in the most populous county.
The legislature finds that the salary of the elected county prosecuting attorney should be tied to that of a superior court judge. This furthers the state's interests and responsibilities under the state Constitution, and is consistent with the current practice of several counties in Washington state, the practices of several other states, and the national district attorneys' association national standards." [ 2008 c 309 s 1.]
Effective date—2008 c 309: "This act takes effect July 1, 2008." [ 2008 c 309 s 3.]
Findings—Intent—Severability—2001 c 73: See notes following RCW 35.21.015.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1971 ex.s. c 237: "If any provision of this 1971 amendatory 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." [ 1971 ex.s. c 237 s 4.]
Effective date—1971 ex.s. c 237: "This act shall take effect on January 1, 1972." [ 1971 ex.s. c 237 s 5.]
Counties with populations of less than five thousand, combined office of auditor and clerk, salary: RCW 36.16.032.

catchline: Schedule of salaries.


title: RCW 36.17.024

text:
(1) Salaries for county commissioners and councilmembers may be set by county commissioner and councilmember salary commissions established by ordinance or resolution of the county legislative authority and in conformity with this section.
(2) Commissions established under subsection (1) of this section shall be known as the (Insert name of county) county citizens' commission on salaries for elected officials. Each commission shall consist of members appointed by the county commissioner or executive with the approval of the county legislative authority, or by a majority vote of the county legislative authority if there is no single county commissioner or executive, as provided in this section.
(3)(a) For charter counties, six of the ten commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission under (c) of this subsection. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a commissioner's district if a person selected from the district declines appointment to the commission or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office.
(b) The remaining four of the ten commission members must be residents of the county and shall be appointed by the county commissioner or executive with approval of the county legislative authority, or by a majority vote of the county legislative authority if there is no single county commissioner or executive. The persons selected under this subsection shall have had experience in the field of personnel management. Of these four members, one shall be selected from each of the following four sectors in the county: Business, professional personnel management, legal profession, and organized labor.
(c) If there is a single county commissioner or executive, the county auditor shall forward the names of persons selected under (a) of this subsection to the county commissioner or executive who shall appoint these persons to the commission.
(d) No person may be appointed to more than two terms. No member of the commission may be removed by the county commissioner or executive, or county legislative authority if there is no single county commissioner or executive, during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence.
(e) The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members. "Immediate family member" as used in this subsection means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee.
(f) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as for the original appointment.
(4) For noncharter counties, commission members must be registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission.
(a) The county auditor must select, by lot, at least one commission member living in each commissioner's district. The county auditor must establish policies and procedures for conducting the selection by lot. The policies and procedures must include, but not be limited to, those for notifying persons selected and for providing a new selection from a commissioner's district if a person selected from the district declines appointment to the commission or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office.
(b) By majority vote of the county legislative authority, additional commission members may be appointed. These additional commission members must be residents of the county. The persons selected under this subsection must have experience in the field of personnel management or a related field.
(c) The number of salary commission members selected by lot must constitute the majority of commission members.
(d) No person may be appointed to serve more than two terms. No member of the commission may be removed by the county legislative authority during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence.
(e) The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members. For purposes of this subsection, "immediate family member" means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee.
(f) Upon a vacancy in any position on the commission, a successor must be selected and appointed to fill the unexpired term. The selection and appointment must be concluded within 30 days of the date the position becomes vacant and must be conducted in the same manner as for the original appointment.
(g) Commissions established by ordinance or resolution of the county legislative authority in existence prior to the effective date of an increase in the number of board of commissioners from three to five under either RCW 36.32.052 or 36.32.055 may retain their composition for one year after the start of the terms of the newly created county commissioner positions or until changed in accordance with this section, whichever occurs first.
(5) Any change in salary shall be filed by the commission with the county auditor and shall become effective and incorporated into the county budget without further action of the county legislative authority or salary commission.
(6) Salary increases established by the commission shall be effective as to county commissioners and all members of the county legislative authority, regardless of their terms of office.
(7) Salary decreases established by the commission shall become effective as to incumbent county commissioners and councilmembers at the commencement of their next subsequent terms of office.
(8) Salary increases and decreases shall be subject to referendum petition by the people of the county upon filing of such petition with the county auditor within 30 days after filing of the salary schedule.
(a) For a charter county, the petition must be subject to referendum in accordance with the charter.
(b) For a noncharter county, the petition must be subject to referendum as follows: Within 10 days of the date of the petition, the county auditor or their designee must confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and the prosecuting attorney must write a ballot title for the measure. The ballot title must be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in the change in salary and a negative answer to the question and a negative vote on the measure results in no change. The petitioner must be notified of the identification number and ballot title within this 10-day period. After this notification, the petitioner has 30 days in which to secure on petition forms the signatures of not less than 15 percent of the registered voters of the county at the last general election, and to file the signed petitions with the county auditor. Each petition form must contain the ballot title and the full text of the measure to be referred. The county auditor must verify the sufficiency of the signatures on the petitions and determine the validity of the referendum petition.
(9) In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people. If the county auditor determines the number of verified signatures insufficient or the referendum petition invalid, the salary change takes effect on the date specified for the salary change filed by the commission in subsection (5) of this section.
(10) Referendum measures under this section shall be submitted to the voters of the county at the next following general or municipal election occurring after the signatures are verified by the county auditor and after the filing deadline established in RCW 29A.04.321(3). If the filing deadline for the following general or municipal election has passed, the legislative authority of the county may call for a special election on the first election date provided for in RCW 29A.04.321(2). The referendum shall be otherwise governed by the provisions of the state Constitution and laws generally applicable to elections consistent with Title 29A RCW. If the referendum is approved by an affirmative vote, the salary change takes effect on the date specified for the salary change filed by the commission in subsection (5) of this section.
(8) [(11)] The action fixing the salary of a county commissioner or councilmember by a commission established in conformity with this section shall supersede any other provision of state statute or county ordinance related to municipal budgets or to the fixing of salaries of county commissioners and councilmembers.
(9) [(12)] Salaries for county commissioners and councilmembers established under an ordinance or resolution of the county legislative authority in existence on July 22, 2001, that substantially complies with this section shall remain in effect unless and until changed in accordance with such charter provision or ordinance.
[ 2023 c 49 s 1; 2001 c 73 s 5.]
Notes:
Findings—Intent—Severability—2001 c 73: See notes following RCW 35.21.015.

catchline: County commissioner and councilmember salary commissions.


title: RCW 36.17.040

text:
The salaries of county officers and employees of counties other than counties with a population of less than five thousand may be paid twice monthly out of the county treasury, and the county auditor, for services rendered from the first to the fifteenth day, inclusive, may, not later than the last day of the month, draw a warrant upon the county treasurer in favor of each of such officers and employees for the amount of salary due him or her, and such auditor, for services rendered from the sixteenth to the last day, inclusive, may similarly draw a warrant, not later than the fifteenth day of the following month, and the county legislative authority, with the concurrence of the county auditor, may enter an order on the record journal empowering him or her so to do: PROVIDED, That if the county legislative authority does not adopt the semimonthly pay plan, it, by resolution, shall designate the first pay period as a draw day. Not more than fifty percent of said earned monthly salary of each such county officer or employee shall be paid to him or her on the draw day. If officers and employees are paid once a month, the draw day shall not be later than the last day of each month. The balance of the earned monthly salary of each such officer or employee shall be paid not later than the fifteenth day of the following month.
In counties with a population of less than five thousand salaries shall be paid monthly unless the county legislative authority by resolution adopts the foregoing draw day procedure.
[ 2016 c 126 s 1; 1991 c 363 s 53; 1988 c 281 s 9; 1963 c 4 s 36.17.040. Prior: 1959 c 300 s 1; 1953 c 37 s 1; 1890 p 314 s 37; RRS s 4220.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Payment of salaries of officers and employees.


title: RCW 36.17.042

text:
In addition to the pay periods permitted under RCW 36.17.040, counties may pay county officers and employees using the following methods:
(1) The legislative authority of any county may establish a weekly or biweekly pay period where county officers and employees receive their compensation not later than seven days following the end of each pay period for services rendered during that pay period, except as authorized under subsection (3) of this section.
(2) In a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a weekly or biweekly pay period where the county officers and employees receive their compensation not later than thirteen days following the end of each pay period for services rendered during that pay period.
(3) The legislative authority of any county that currently uses a semimonthly pay period under RCW 36.17.040 may adopt a biweekly pay period. In such counties, county officers and employees shall receive their compensation not later than thirteen days following the end of each pay period for services rendered during that pay period.
[ 2009 c 239 s 1; 1995 c 38 s 3; 1994 c 301 s 5; 1977 c 42 s 1.]
Notes:
Acts of municipal officers ratified and confirmed—1995 c 38: See note following RCW 3.02.045.

catchline: Weekly or biweekly pay periods.


title: RCW 36.17.045

text:
Employees of the counties shall have the right to voluntarily authorize the monthly deduction of their pledges to the United Good Neighbor or its successor, monthly payment to a credit union as defined in RCW 31.12.005, and monthly dues to a labor union, from their salaries or wages. When such written authorization is received by the county auditor, he or she shall make such monthly deduction.
[ 2009 c 337 s 1; 1963 c 164 s 3.]

catchline: Deductions for contributions, payments, and dues authorized.


title: RCW 36.17.050

text:
If the superior court issues a declaratory judgment under RCW 36.16.125 finding that a county officer has abandoned his or her duties, the county officer may not be paid a salary.
[ 2009 c 337 s 2; 1999 c 71 s 3; 1963 c 4 s 36.17.050. Prior: 1890 p 314 s 38; RRS s 4221.]

catchline: Salary withheld, when authorized.


title: RCW 36.17.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 81.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 36.170.010

text:
A new county local road program is established to fund the preservation and improvement of county local roads. The board must:
(1) Adopt rules necessary to implement the provisions of this chapter relating to the allocation of funds; and
(2) Include a program status report in the board's annual report to the legislature as provided in RCW 36.78.070.
[ 2025 c 417 s 701.]
Notes:
Effective date—2025 c 417 ss 101-103, 406, 701-709, 808-814, 1102, 1103, and 1305: See note following RCW 82.38.030.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: County local road program established.


title: RCW 36.170.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the county road administration board created in RCW 36.78.030.
(2) "Community facility" means a publicly owned facility or building that is primarily intended to serve the recreational, educational, cultural, public health and safety, administrative, or entertainment needs of the community as a whole.
(3) "County local road program project" means improvement projects on those county roads not federally classified as an arterial or collector.
(4) "LAG manual" means the Washington state department of transportation's local agency guidelines manual or its successor document.
(5) "Overburdened community" has the same meaning as defined in RCW 70A.02.010.
(6) "Pedestrian facility" means a facility designed to meet the needs of pedestrians in accordance with county and Americans with disabilities act requirements.
[ 2025 c 417 s 702.]
Notes:
Effective date—2025 c 417 ss 101-103, 406, 701-709, 808-814, 1102, 1103, and 1305: See note following RCW 82.38.030.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Definitions.