title: RCW 36.28A.080

text:
Units of local government and their employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder building mapping information system, unless it is shown that an employee acted with gross negligence or bad faith.
[ 2003 c 102 s 4.]
Notes:
Intent—2003 c 102: "The legislature recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes. The first responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes." [ 2003 c 102 s 1.]

catchline: Immunity from liability.


doc_type: statute

jurisdiction: wa

title: RCW 36.28A.090

text:
(1) The purpose of this section is to establish a process for issuing firearms certificates to residents of Washington who are otherwise qualified retired law enforcement officers under the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B and 926C) for the purpose of satisfying the certification requirements contained in that act.
(2) A retired law enforcement officer satisfies the federal certification requirements if he or she possesses a valid firearms qualification certificate that:
(a) Uses the model certificate created under subsection (4) of this section;
(b) Provides that either a law enforcement agency or an individual or entity certified to provide firearms training acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state; and
(c) Complies with the time restrictions provided under subsection (3) of this section.
(3) The firearms certificate is valid for a period of one year from the date that the law enforcement agency or individual or entity certified to provide firearms training determines that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state, and the certificate shall state the date the determination was made.
(4) The Washington association of sheriffs and police chiefs shall develop a model certificate that shall serve as the required firearms qualification certificate once the certificate is valid pursuant to subsection (2) of this section. The association shall make the model certificate accessible on its website. The model certificate shall state that the retired law enforcement officer bearing the certificate has been qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state.
(5) The retired law enforcement officer is responsible for paying the costs of the firearms qualification required under subsection (2) of this section.
(6) Nothing in this section shall be deemed to require a local law enforcement agency to complete the certificate.
[ 2010 c 264 s 1; 2006 c 40 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Firearms certificates for qualified retired law enforcement officers.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.28A.100

text:
The Washington association of county officials, in consultation with the Washington association of sheriffs and police chiefs, the Washington association of coroners and medical examiners, the forensic investigations council, the Washington state patrol, and other interested agencies and individuals, shall convene a committee to coordinate the use of the latest technology and available science to improve reporting of missing persons, to improve the communication within the state and with national databases, to enhance the dissemination of information to other agencies and the public, and to improve reporting for missing persons and the collection and preservation of evidence.
Protocols for the investigation of reported missing persons, identification of human remains, and recommended protocols for the reporting and identification of persons missing as the result of major events not limited to tsunami, earthquake, or acts of terrorism shall be endorsed by the groups named in this section who shall then seek the voluntary adoption of the same by all local law enforcement agencies, coroners, medical examiners, and others charged with locating missing persons or identifying human remains.
[ 2006 c 102 s 2.]
Notes:
Finding—Intent—2006 c 102: "The legislature finds that there were over forty-six thousand reports of persons missing nationwide and over five hundred missing persons in the state of Washington. Major catastrophic events in other parts of the United States this year have also emphasized that identifying victims in mass disasters is often impossible, due to the deficiency in planning by communities and governments. It is the intent of this act to build upon the research and findings of the Washington state missing persons task force, assembled by the state attorney general in 2003, the United States department of justice, and others to aid in recovery of missing persons and the identification of human remains." [ 2006 c 102 s 1.]

catchline: Committee to improve administration of missing person information—Protocol endorsement.


title: RCW 36.28A.110

text:
The Washington association of sheriffs and police chiefs shall create and maintain a statewide website, which shall be available to the public. The website shall post relevant information concerning persons reported missing in the state of Washington. For missing persons, the website shall contain, but is not limited to: The person's name, physical description, photograph, and other information that is deemed necessary according to the adopted protocols. This website shall allow citizens to more broadly disseminate information regarding missing persons for at least thirty days.
[ 2007 c 10 s 3; 2006 c 102 s 4.]
Notes:
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.

catchline: Missing persons information website creation.


title: RCW 36.28A.112

text:
When funded, the Washington association of sheriffs and police chiefs must regularly transmit information contained within the statewide missing persons website created pursuant to RCW 36.28A.110 to the national missing and unidentified persons system created by the United States department of justice's national institute of justice.
[ 2020 c 45 s 4.]
Notes:
Findings—Intent—Short title—2020 c 45: See notes following RCW 68.50.320.

catchline: Missing persons information website—Transmittal of information to the national missing and unidentified persons system.


title: RCW 36.28A.120

text:
The Washington state patrol shall establish an interface with local law enforcement and the Washington association of sheriffs and police chiefs missing persons website, the toll-free twenty-four hour hotline, and national and other statewide missing persons systems or clearinghouses.
Local law enforcement agencies shall file an official missing persons report and enter biographical information into the state missing persons computerized network without delay after notification of a missing person's report is received under this chapter.
[ 2007 c 10 s 4; 2006 c 102 s 5.]
Notes:
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.

catchline: State patrol involvement with missing persons systems—Local law enforcement procedures for missing persons information.


title: RCW 36.28A.130

text:
There is hereby created in the Washington association of sheriffs and police chiefs the Washington auto theft prevention authority which shall be under the direction of the executive director of the Washington association of sheriffs and police chiefs.
[ 2007 c 199 s 19.]
Notes:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.

catchline: Washington auto theft prevention authority—Created.


title: RCW 36.28A.140

text:
(1) The Washington association of sheriffs and police chiefs shall convene a model policy work group to develop a model policy for sheriffs regarding residents, landowners, and others in lawful possession and control of land in the state during a forest fire or wildfire. The model policy must be designed in a way that, first and foremost, protects life and safety during a forest fire or wildfire. The model policy must include guidance on allowing access, when safe and appropriate, to residents, landowners, and others in lawful possession and control of land in the state during a wildfire or forest fire. The model policy must specifically address procedures to allow, when safe and appropriate, residents, landowners, and others in lawful possession and control of land in the state access to their residences and land to:
(a) Conduct fire prevention or suppression activities;
(b) Protect or retrieve any property located in their residences or on their land, including equipment, livestock, or any other belongings; or
(c) Undertake activities under both (a) and (b) of this subsection.
(2) In developing the policy under subsection (1) of this section, the association shall consult with appropriate stakeholders and government agencies.
[ 2007 c 252 s 1.]

catchline: Development of model policy to address property access during forest fires and wildfires.


title: RCW 36.28A.200

text:
(1) When funded, the Washington association of sheriffs and police chiefs shall establish a grant program to assist local law enforcement agencies in the support of special enforcement emphasis targeting gang crime. Grant applications shall be reviewed and awarded through peer review panels. Grant applicants are encouraged to utilize multijurisdictional efforts.
(2) Each grant applicant shall:
(a) Show a significant gang problem in the jurisdiction or jurisdictions receiving the grant;
(b) Verify that grant awards are sufficient to cover increased investigation, prosecution, and jail costs;
(c) Design an enforcement program that best suits the specific gang problem in the jurisdiction or jurisdictions receiving the grant;
(d) Demonstrate community coordination focusing on prevention, intervention, and suppression; and
(e) Collect data on performance pursuant to RCW 36.28A.220.
(3) The cost of administering the grants shall not exceed sixty thousand dollars, or four percent of appropriated funding, whichever is greater.
[ 2008 c 276 s 101.]
Notes:
Severability—2008 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2008 c 276 s 701.]
Part headings, subheadings not law—2008 c 276: "Part headings and subheadings used in this act are not any part of the law." [ 2008 c 276 s 702.]

catchline: Gang crime enforcement grant program.


title: RCW 36.28A.210

text:
(1) When funded, the Washington association of sheriffs and police chiefs shall establish a grant program to assist local law enforcement agencies in the support of graffiti and tagging abatement programs located in local communities. Grant applicants are encouraged to utilize multijurisdictional efforts.
(2) Each graffiti or tagging abatement grant applicant shall:
(a) Demonstrate that a significant gang problem exists in the jurisdiction or jurisdictions receiving the grant;
(b) Show how the funds will be used to dispose or eliminate any current or ongoing tagging or graffiti within a specified time period;
(c) Specify how the funds will be used to reduce gang-related graffiti or tagging within its community;
(d) Show how the local citizens and business owners of the community will benefit from the proposed graffiti or tagging abatement process being presented in the grant application; and
(e) Collect data on performance pursuant to RCW 36.28A.220.
(3) The cost of administering the grants shall not exceed twenty-five thousand dollars, or four percent of funding, whichever is greater.
[ 2008 c 276 s 102.]
Notes:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

catchline: Graffiti and tagging abatement grant program.


title: RCW 36.28A.220

text:
For the grant programs created in RCW 36.28A.200 and 36.28A.210 and within the funds provided for these programs, the Washington association of sheriffs and police chiefs shall, upon consultation with the Washington state institute for public policy, identify performance measures, periodic reporting requirements, data needs, and a framework for evaluating the effectiveness of grant programs in graffiti and tagging abatement and reducing gang crime.
[ 2008 c 276 s 103.]
Notes:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.


title: RCW 36.28A.230

text:
(1) When funded, the Washington association of sheriffs and police chiefs shall administer a grant program to local governments for the purpose of verifying the address and residency of sex offenders and kidnapping offenders registered under RCW 9A.44.130 who reside within the county sheriff's jurisdiction. The Washington association of sheriffs and police chiefs shall:
(a) Enter into performance-based agreements with local governments to ensure that registered offender address and residency are verified:
(i) For level I offenders, every twelve months;
(ii) For level II offenders, every six months; and
(iii) For level III offenders, every three months;
(b) Collect performance data from all participating jurisdictions sufficient to evaluate the efficiency and effectiveness of the address and residency verification program; and
(c) Submit a report on the effectiveness of the address and residency verification program to the governor and the appropriate committees of the house of representatives and senate by December 31st each year.
(2) The Washington association of sheriffs and police chiefs may retain up to three percent of the amounts provided pursuant to this section for the cost of administration. Any funds not disbursed for address and residency verification or retained for administration may be allocated to local prosecutors for the prosecution costs associated with failing to register offenses.
(3) For the purposes of this section, unclassified offenders and kidnapping offenders shall be considered at risk level I unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety.
(4) County sheriffs and police chiefs or town marshals may enter into agreements for the purposes of delegating the authority and obligation to fulfill the requirements of this section.
[ 2010 c 265 s 3.]

catchline: Registered sex offender and kidnapping offender address and residency verification grant program.


title: RCW 36.28A.240

text:
(1) To the extent funds are appropriated, the Washington association of sheriffs and police chiefs shall develop a comprehensive state law enforcement strategy targeting metal theft in consultation with the criminal justice training commission, including:
(a) Development of best practices for targeting illegal purchasers and sellers involved in metal theft, with specific enforcement focus on catalytic converter theft;
(b) Strategies for development and maintenance of relationships between local law enforcement agencies and licensed scrap metal recyclers, including recommendations for scheduled or regular interactions, with a focus on deterring unlawful purchases and identifying individuals suspected of involvement in unlawful metal theft and individuals who attempt to conduct a transaction while under the influence of controlled substances; and
(c) Establishment of a grant and training program to assist local law enforcement agencies in the support of special enforcement targeting metal theft. Grant applications shall be reviewed by the Washington association of sheriffs and police chiefs in consultation with other appropriate entities, such as those involved in enforcement against metal theft. Grant applicants with a demonstrated increase in metal theft over the previous 24 months are encouraged to focus solely on metal theft and unlawful purchasing and selling of unlawfully obtained metal in their jurisdiction, but may coordinate with other jurisdictions.
(2) Each grant applicant shall:
(a) Show a significant metal theft problem in the jurisdiction or jurisdictions receiving the grant;
(b) Propose an enforcement program that best suits the specific metal theft problem in the jurisdiction, including the number of enforcement stings to be conducted under the program;
(c) Demonstrate community coordination focusing on prevention, intervention, and suppression; and
(d) Collect data on performance, including the number of enforcement stings to be conducted.
(3) Grant awards may not be used to supplant preexisting funding sources for special enforcement targeting metal theft.
[ 2022 c 221 s 8; 2013 c 322 s 24.]
Notes:
Findings—Intent—Effective date—2022 c 221: See notes following RCW 19.290.020.

catchline: Metal theft enforcement strategy—Grant and training program.


title: RCW 36.28A.300

text:
There is created a 24/7 sobriety program to be administered by the criminal justice training commission in conjunction with the Washington association of sheriffs and police chiefs. The program shall coordinate efforts among various local government entities for the purpose of implementing alternatives to incarceration for offenders convicted under RCW 46.61.502 or 46.61.504 with one or more prior convictions under RCW 46.61.502 or 46.61.504.
[ 2014 c 221 s 912; 2013 2nd sp.s. c 35 s 23.]
Notes:
Effective date—2014 c 221: See note following RCW 28A.710.260.

catchline: 24/7 sobriety program.


title: RCW 36.28A.320

text:
There is hereby established in the custody of the state treasurer the 24/7 sobriety account. The account shall be maintained and administered by the criminal justice training commission to reimburse the state for costs associated with establishing and operating the 24/7 sobriety program and the Washington association of sheriffs and police chiefs for ongoing 24/7 sobriety program administration costs. An appropriation is not required for expenditures and the account is not subject to allotment procedures under chapter 43.88 RCW. Funds in the account may not lapse and must carry forward from biennium to biennium. Interest earned by the account must be retained in the account. The criminal justice training commission may accept for deposit in the account money from donations, gifts, grants, participation fees, and user fees or payments.
[ 2016 c 203 s 1; 2015 2nd sp.s. c 3 s 16; 2014 c 221 s 913; 2013 2nd sp.s. c 35 s 25.]
Notes:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2014 c 221: See note following RCW 28A.710.260.

catchline: 24/7 sobriety account.


title: RCW 36.28A.330

text:
The definitions in this section apply throughout RCW 36.28A.300 through 36.28A.390 unless the context clearly requires otherwise.
(1) "24/7 sobriety program" means a program in which a participant submits to testing of the participant's blood, breath, urine, or other bodily substance to determine the presence of alcohol or any drug as defined in RCW 46.61.540. Testing must take place at a location or locations designated by the participating agency, or, with the concurrence of the Washington association of sheriffs and police chiefs, by an alternate method.
(2) "Participant" means a person who has been charged with or convicted of a violation of RCW 46.61.502, 46.61.504, or those crimes listed in RCW 46.61.5055(14), in which the use of alcohol or drugs as defined in RCW 46.61.540 was a contributing factor in the commission of the crime and who has been ordered by a court to participate in the 24/7 sobriety program.
(3) "Participating agency" means any entity located in the state of Washington that has a written agreement with the Washington association of sheriffs and police chiefs to participate in the 24/7 sobriety program, and includes, but is not limited to, a sheriff, a police chief, any other local, regional, or state corrections or probation entity, and any other entity designated by a sheriff, police chief, or any other local, regional, or state corrections or probation entity to perform testing in the 24/7 sobriety program.
(4) "Participation agreement" means a written document executed by a participant agreeing to participate in the 24/7 sobriety program in a form approved by the Washington association of sheriffs and police chiefs that contains the following information:
(a) The type, frequency, and time period of testing;
(b) The location of testing;
(c) The fees and payment procedures required for testing; and
(d) The responsibilities and obligations of the participant under the 24/7 sobriety program.
[ 2015 2nd sp.s. c 3 s 17; 2013 2nd sp.s. c 35 s 26.]
Notes:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.

catchline: 24/7 sobriety program definitions.


title: RCW 36.28A.340

text:
Each county or city, through its sheriff or chief, may participate in the 24/7 sobriety program. If a sheriff or chief is unwilling or unable to participate in the 24/7 sobriety program, the sheriff or chief may designate an entity willing to provide the service.
[ 2013 2nd sp.s. c 35 s 27.]
Notes:
Effective date—2013 2nd sp.s. c 35 ss 27, 28, and 30-32: "Sections 27, 28, and 30 through 32 of this act take effect January 1, 2014." [ 2013 2nd sp.s. c 35 s 44.]

catchline: 24/7 sobriety program—Counties or cities may participate.


title: RCW 36.28A.350

text:
The court may condition any bond or pretrial release upon participation in the 24/7 sobriety program and payment of associated costs and expenses, if available.
[ 2013 2nd sp.s. c 35 s 28.]
Notes:
Effective date—2013 2nd sp.s. c 35 ss 27, 28, and 30-32: See note following RCW 36.28A.340.

catchline: 24/7 sobriety program—Bond or pretrial release.


title: RCW 36.28A.360

text:
The Washington association of sheriffs and police chiefs may adopt policies and procedures for the administration of the 24/7 sobriety program to:
(1) Provide for procedures and apparatus for testing;
(2) Establish fees and costs for participation in the program to be paid by the participants;
(3) Require the submission of reports and information by law enforcement agencies within this state.
[ 2013 2nd sp.s. c 35 s 29.]

catchline: 24/7 sobriety program—Washington association of sheriffs and police chiefs may adopt policies and procedures.


title: RCW 36.28A.370

text:
(1) Any daily user fee, installation fee, deactivation fee, enrollment fee, or monitoring fee must be collected by the participating agency and used to defray the participating agency's costs of the 24/7 sobriety program.
(2) Any participation fee must be collected by the participating agency and deposited in the state 24/7 sobriety account to cover 24/7 sobriety program administration costs incurred by the Washington association of sheriffs and police chiefs.
(3) All applicable fees shall be paid by the participant contemporaneously or in advance of the time when the fee becomes due; however, cities and counties may subsidize or pay any applicable fees.
(4) A city or county may accept for deposit, donations, gifts, grants, local account fund transfers, and other assistance into its local 24/7 sobriety account to defray the participating agency's costs of the 24/7 sobriety program.
[ 2017 c 336 s 12; 2015 2nd sp.s. c 3 s 18; 2013 2nd sp.s. c 35 s 30.]
Notes:
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2013 2nd sp.s. c 35 ss 27, 28, and 30-32: See note following RCW 36.28A.340.

catchline: 24/7 sobriety account—Distribution of funds.


title: RCW 36.28A.380

text:
The court shall not waive or reduce fees or associated costs charged for participation in the 24/7 sobriety program.
[ 2013 2nd sp.s. c 35 s 31.]
Notes:
Effective date—2013 2nd sp.s. c 35 ss 27, 28, and 30-32: See note following RCW 36.28A.340.

catchline: 24/7 sobriety program—No waiver or reduction of fees.


title: RCW 36.28A.390

text:
(1) A general authority Washington peace officer, as defined in RCW 10.93.020, who has probable cause to believe that a participant has violated the terms of participation in the 24/7 sobriety program may immediately take the participant into custody and cause him or her to be held until an appearance before a judge on the next judicial day.
(2) A participant who violates the terms of participation in the 24/7 sobriety program or does not pay the required fees or associated costs pretrial or posttrial shall, at a minimum:
(a) Receive a written warning notice for a first violation;
(b) Serve a minimum of one day imprisonment for a second violation;
(c) Serve a minimum of three days['] imprisonment for a third violation;
(d) Serve a minimum of five days['] imprisonment for a fourth violation; and
(e) Serve a minimum of seven days['] imprisonment for a fifth or subsequent violation.
(3) The court may remove a participant from the 24/7 sobriety program at any time for noncompliance with the terms of participation. If a participant is removed from the 24/7 sobriety program, the court shall send written notice to the department of licensing within five business days.
[ 2016 c 203 s 19; 2015 2nd sp.s. c 3 s 19; 2013 2nd sp.s. c 35 s 32.]
Notes:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2013 2nd sp.s. c 35 ss 27, 28, and 30-32: See note following RCW 36.28A.340.

catchline: 24/7 sobriety program—Violation of terms—Penalties.


title: RCW 36.28A.405

text:
Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs shall prepare an annual report on the number of denied firearms sales or transfers reported pursuant to chapter 261, Laws of 2017 and RCW 43.43.823. The report shall indicate the number of cases in which a person was denied a firearms sale or transfer, the number of cases where the denied sale or transfer was investigated for potential criminal prosecution, and the number of cases where an arrest was made, the case was referred for prosecution, and a conviction was obtained. The Washington association of sheriffs and police chiefs shall submit the report to the appropriate committees of the legislature on or before December 31st of each year.
[ 2020 c 28 s 7; 2017 c 261 s 4.]
Notes:
Contingent effective date—2020 c 28 ss 5-9: See note following RCW 9.41.114.

catchline: Denied firearm transaction information—Annual report.


title: RCW 36.28A.410

text:
(1)(a) Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs shall create and operate a statewide automated protected person notification system to automatically notify a registered person via the registered person's choice of telephone or email when a respondent subject to a court order specified in (b) of this subsection has attempted to purchase or acquire a firearm and been denied based on a background check or completed and submitted firearm purchase or transfer application that indicates the respondent is ineligible to possess a firearm under state or federal law. The system must permit a person to register for notification, or a registered person to update the person's registration information, for the statewide automated protected person notification system by calling a toll-free telephone number or by accessing a public website.
(b) The notification requirements of this section apply to any court order issued under chapter 7.105 RCW or former chapter 7.92 RCW, RCW 9A.46.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, * 26.10.040, 26.26A.470, or 26.26B.020, any of the former RCW 7.90.090, 10.14.080, 26.10.115, 26.50.060, and 26.50.070, any foreign protection order filed with a Washington court pursuant to chapter 26.52 RCW, and any Canadian domestic violence protection order filed with a Washington court pursuant to chapter 26.55 RCW, where the order prohibits the respondent from possessing firearms or where by operation of law the respondent is ineligible to possess firearms during the term of the order. The notification requirements of this section apply even if the respondent has notified the Washington state patrol that he or she has appealed a background check denial under RCW 43.43.823.
(2) An appointed or elected official, public employee, or public agency as defined in RCW 4.24.470, or combination of units of government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any release of information or the failure to release information related to the statewide automated protected person notification system in this section, so long as the release or failure to release was without gross negligence. The immunity provided under this subsection applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.
(3) Information and records prepared, owned, used, or retained by the Washington association of sheriffs and police chiefs pursuant to chapter 261, Laws of 2017, including information a person submits to register and participate in the statewide automated protected person notification system, are exempt from public inspection and copying under chapter 42.56 RCW.
[ 2021 c 215 s 147. Prior: 2019 c 263 s 915; 2019 c 46 s 5041; 2017 c 261 s 5.]
Notes:
*Reviser's note: RCW 26.10.040 was repealed by 2020 c 312 s 905.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2019 c 263 ss 901-915, 1001, and 1002: See RCW 26.55.903.

catchline: Statewide automated protected person notification system—Notification requirements—Immunity from civil liability—Public disclosure exemption.


title: RCW 36.28A.420

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs shall establish a grant program for local law enforcement agencies to conduct criminal investigations regarding persons who illegally attempted to purchase or transfer a firearm within their jurisdiction.
(2) Each grant applicant must be required to submit reports to the Washington association of sheriffs and police chiefs that indicate the number of cases in which a person was denied a firearms sale or transfer, the number of cases where the denied sale or transfer was investigated for potential criminal prosecution, and the number of cases where an arrest was made, the case was referred for prosecution, and a conviction was obtained.
(3) Information and records prepared, owned, used, or retained by the Washington association of sheriffs and police chiefs pursuant to chapter 261, Laws of 2017 and RCW 43.43.823 are exempt from public inspection and copying under chapter 42.56 RCW.
[ 2020 c 28 s 8; 2017 c 261 s 6.]
Notes:
Contingent effective date—2020 c 28 ss 5-9: See note following RCW 9.41.114.

catchline: Illegal firearm transaction investigation grant program—Requirements—Public disclosure exemption.


title: RCW 36.28A.430

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs shall establish and administer the Washington sexual assault kit initiative project.
(2) The project is created for the purpose of providing funding through a competitive grant program to support multidisciplinary community response teams engaged in seeking a just resolution to sexual assault cases resulting from evidence found in previously unsubmitted sexual assault kits.
(3) In administering the project, the Washington association of sheriffs and police chiefs has the following powers and duties:
(a) Design and implement the grant project with the elements included in this section;
(b) Screen and select eligible applicants to receive grants;
(c) Award grants and disburse funds to at least two eligible applicants, at least one located in western Washington and at least one located in eastern Washington;
(d) Adopt necessary policies and procedures to implement and administer the program;
(e) Monitor use of grant funds and compliance with the grant requirements;
(f) Create and implement reporting requirements for grant recipients;
(g) Facilitate the hosting of a sexual assault kit summit in the state of Washington through a grant recipient or directly through the Washington association of sheriffs and police chiefs, subject to the availability of funds, which may include a combination of public and private dollars allocated for the particular purpose; and
(h) Report to the appropriate committees of the legislature, the joint legislative task force on sexual assault forensic examination best practices, and the governor by December 1, 2017, and each December 1st of each subsequent year the project is funded and operating, regarding the status of grant awards, the progress of the grant recipients toward the identified goals in this section, the data required by subsection (4) of this section, and any other relevant information or recommendations related to the project or sexual assault kit policies.
(4) Grant recipients must:
(a) Perform an inventory of all unsubmitted sexual assault kits in the jurisdiction's possession regardless of where they are stored and submit those sexual assault kits for forensic analysis through the Washington state patrol or another laboratory with the permission of the Washington state patrol;
(b) Establish a multidisciplinary cold case or sexual assault investigation team or teams for follow-up investigations and prosecutions resulting from evidence from the testing of previously unsubmitted sexual assault kits. Cold case or sexual assault investigative teams must: Include prosecutors, law enforcement, and victim advocates for the duration of the project; use victim-centered, trauma-informed protocols, including for victim notification; and use protocols and policies established by the Washington association of sheriffs and police chiefs. The grant funds may support personnel costs, including hiring and overtime, to allow for adequate follow-up investigations and prosecutions. Grant awards must be prioritized for eligible applicants with a commitment to colocate assigned prosecutors, law enforcement, and victim advocates for the duration of the grant program;
(c) Require participants in the multidisciplinary cold case or sexual assault investigation team or teams to participate in and complete specialized training for victim-centered, trauma-informed investigation and prosecutions;
(d) Identify and address individual level, organizational level, and systemic factors that lead to unsubmitted sexual assault kits in the jurisdiction and development of a comprehensive strategy to address the issues, including effecting changes in practice, protocol, and organizational culture, and implementing evidence-based, victim-centered, trauma-informed practices and protocols;
(e) Appoint an informed representative to attend meetings of and provide information and assistance to the joint legislative task force on sexual assault forensic examination best practices;
(f) Identify and maintain consistent, experienced, and committed leadership of their sexual assault kit initiative; and
(g) Track and report the following data to the Washington association of sheriffs and police chiefs, in addition to any data required by the Washington association of sheriffs and police chiefs: The number of kits inventoried; the dates collected and submitted for testing; the number of kits tested; the number of kits with information eligible for entry into the combined DNA index system; the number of combined DNA index system hits; the number of identified suspects; including serial perpetrators; the number of investigations conducted and cases reviewed; the number of charges filed; and the number of convictions.
(5) Subject to the availability of amounts appropriated for this specific purpose, the project may also allocate funds for grant recipients to:
(a) Create and employ training in relation to sexual assault evidence, victimization and trauma response, and other related topics to improve the quality and outcomes of sexual assault investigations and prosecutions;
(b) Enhance victim services and support for past and current victims of sexual assault; or
(c) Develop evidence collection, retention, victim notification, and other protocols needed to optimize data sharing, case investigation, prosecution, and victim support.
(6) For the purposes of this section:
(a) "Eligible applicants" include: Law enforcement agencies, units of local government, or combination of units of local government, prosecutor's offices, or a governmental nonlaw enforcement agency acting as fiscal agent for one of the previously listed types of eligible applicants. A combination of jurisdictions, including contiguous jurisdictions of multiple towns, cities, or counties, may create a task force or other entity for the purposes of applying for and receiving a grant, provided that the relevant prosecutors and law enforcement agencies are acting in partnership in complying with the grant requirements.
(b) "Project" means the Washington sexual assault kit initiative project created in this section.
(c) "Unsubmitted sexual assault kit" are sexual assault kits that have not been submitted to a forensic laboratory for testing with the combined DNA index system-eligible DNA methodologies as of the effective date of the mandatory testing law in *RCW 70.125.090. Unsubmitted sexual assault kits includes partially tested sexual assault kits, which are sexual assault kits that have only been subjected to serological testing, or that have previously been tested only with noncombined DNA index system-eligible DNA methodologies. The project does not include untested sexual assault kits that have been submitted to forensic labs for testing with combined DNA index system-eligible DNA methodologies but are delayed for testing as a result of a backlog of work in the laboratory.
[ 2017 c 290 s 1.]
Notes:
*Reviser's note: RCW 70.125.090 was recodified as RCW 5.70.040 pursuant to 2020 c 26 s 18.

catchline: Sexual assault kit initiative project—Definitions.


title: RCW 36.28A.435

text:
(1) The sexual assault prevention and response account is created in the state treasury. All legislative appropriations and transfers; gifts, grants, and other donations; and all other revenues directed to the account must be deposited into the sexual assault prevention and response account. Moneys in the account may only be spent after appropriation.
(2) The legislature must prioritize appropriations from the account for: The Washington sexual assault kit initiative project created in RCW 36.28A.430; the office of crime victims advocacy for the purpose of providing support and services, including educational and vocational training, to victims of sexual assault and trafficking; victim-centered, trauma-informed training for prosecutors, law enforcement, and victim advocates including, but not limited to, the training in RCW 43.101.272, 43.101.274, and 43.101.276; the Washington state patrol for the purpose of funding the statewide sexual assault kit tracking system and funding the forensic analysis of sexual assault kits.
[ 2017 c 290 s 6.]

catchline: Sexual assault prevention and response account.


title: RCW 36.28A.440

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs shall develop and implement a mental health field response grant program. The purpose of the program is to assist local law enforcement agencies to establish and expand mental health field response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary goals. A portion of the grant funds may also be used to develop data management capability to support the program.
(2) Grants must be awarded to local law enforcement agencies based on locally developed proposals to incorporate mental health professionals into the agencies' mental health field response planning and response. Two or more agencies may submit a joint grant proposal to develop their mental health field response proposals. Proposals must provide a plan for improving mental health field response and diversion from incarceration through modifying or expanding law enforcement practices in partnership with mental health professionals. A peer review panel appointed by the Washington association of sheriffs and police chiefs in consultation with managed care organizations and behavioral health administrative services organizations must review the grant applications. Once the Washington association of sheriffs and police chiefs certifies that the application satisfies the proposal criteria, the grant funds will be distributed. To the extent possible, at least one grant recipient agency should be from the east side of the state and one from the west side of the state with the crest of the Cascades being the dividing line. The Washington association of sheriffs and police chiefs shall make every effort to fund at least eight grants per fiscal year with funding provided for this purpose from all allowable sources under this section. The Washington association of sheriffs and police chiefs may prioritize grant applications that include local matching funds. Grant recipients must be selected and receiving funds no later than October 1, 2018.
(3) Grant recipients must include at least one mental health professional who will perform professional services under the plan. A mental health professional may assist patrolling officers in the field or in an on-call capacity, provide preventive, follow-up, training on mental health field response best practices, or other services at the direction of the local law enforcement agency. Nothing in this subsection (3) limits the mental health professional's participation to field patrol. Grant recipients are encouraged to coordinate with local public safety answering points to maximize the goals of the program.
(4) Within existing resources, the Washington association of sheriffs and police chiefs shall:
(a) Consult with the department of social and health services research and data analysis unit to establish data collection and reporting guidelines for grant recipients. The data will be used to study and evaluate whether the use of mental health field response programs improves outcomes of interactions with persons experiencing behavioral health crises, including reducing rates of violence and harm, reduced arrests, and jail or emergency room usage;
(b) Consult with the health care authority, the department of health, and the managed care system to develop requirements for participating mental health professionals; and
(c) Coordinate with public safety answering points, behavioral health, and the department of social and health services to develop and incorporate telephone triage criteria or dispatch protocols to assist with mental health, law enforcement, and emergency medical responses involving mental health situations.
(5) The Washington association of sheriffs and police chiefs shall submit an annual report to the governor and appropriate committees of the legislature on the program. The report must include information on grant recipients, use of funds, participation of mental health professionals, and feedback from the grant recipients by December 1st of each year the program is funded.
(6) Grant recipients shall develop and provide or arrange for training necessary for mental health professionals to operate successfully and competently in partnership with law enforcement agencies. The training must provide the professionals with a working knowledge of law enforcement procedures and tools sufficient to provide for the safety of the professionals, partnered law enforcement officers, and members of the public.
(7) Nothing in this section prohibits the Washington association of sheriffs and police chiefs from soliciting or accepting private funds to support the program created in this section.
[ 2019 c 325 s 5008; 2018 c 142 s 1.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.

catchline: Mental health field response grant program.


title: RCW 36.28A.445

text:
(1) It is the policy of the state of Washington that all law enforcement personnel must provide or facilitate first aid such that it is rendered at the earliest safe opportunity to injured persons at a scene controlled by law enforcement.
(2) Within one year after December 6, 2018, the Washington state criminal justice training commission, in consultation with the Washington state patrol, the Washington association of sheriffs and police chiefs, organizations representing state and local law enforcement officers, health providers and/or health policy organizations, tribes, and community stakeholders, shall develop guidelines for implementing the duty to render first aid adopted in this section. The guidelines must: (a) Adopt first aid training requirements; (b) address best practices for securing a scene to facilitate the safe, swift, and effective provision of first aid to anyone injured in a scene controlled by law enforcement or as a result of law enforcement action; and (c) assist agencies and law enforcement officers in balancing the many essential duties of officers with the solemn duty to preserve the life of persons with whom officers come into direct contact.
[ 2019 c 4 s 2. Prior: 2019 c 1 s 6 (Initiative Measure No. 940); ( 2018 c 11 s 6 (Initiative Measure No. 940) repealed by 2019 c 4 s 8); (2018 c 10 s 2 repealed by 2019 c 4 s 8).]
Notes:
Effective date—2019 c 4: See note following RCW 43.101.455.
Short title—Intent—Liberal construction—Subject—2019 c 1 (Initiative Measure No. 940): See notes following RCW 43.101.450.
Rule making—2019 c 4; 2019 c 1 (Initiative Measure No. 940): See note following RCW 43.101.455.

catchline: Duty to render first aid—Development of guidelines.


title: RCW 36.28A.450

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs, in consultation with the law enforcement assisted diversion national support bureau, shall develop and implement a grant program aimed at supporting local initiatives to properly identify criminal justice system-involved persons with substance use disorders and other behavioral health needs and engage those persons with therapeutic interventions and other services, the efficacy of which have been demonstrated by experience, peer-reviewed research, or which are credible promising practices, prior to or at the time of jail booking, or while in custody.
(2) Grants must be awarded to local jurisdictions based on locally developed proposals to establish or expand existing programs. The lead proposing agency may be a law enforcement agency, other local government entity, tribal government entity, tribal organization, urban Indian organization, or a nonprofit community-based organization. All proposals must include governing involvement from community-based organizations, local government, and law enforcement, and must also demonstrate engagement of law enforcement, prosecutors, civil rights advocates, public health experts, harm reduction practitioners, organizations led by and representing individuals with past justice system involvement, and public safety advocates. A peer review panel appointed by the Washington association of sheriffs and police chiefs in consultation with the law enforcement assisted diversion national support bureau, integrated managed care organizations and behavioral health organizations must review the grant applications. The peer review panel must include experts in harm reduction and civil rights experts.
(3)(a) Programs preferred for the award of grant funding are those that have a prebooking diversion focus and demonstrate how they will impact one or more of the expected outcomes of the grant program. Preferred programs must contain one or both of the following components:
(i) Employment of tools and strategies to accurately identify individuals with substance use disorders and other behavioral health needs who are known to commit law violations, at or prior to the point of arrest, and immediately engage those individuals with appropriate community-based care and support services that have been proven to be effective for marginalized populations by experience or peer-reviewed research or that are credible promising practices; and
(ii) Capacity to receive ongoing referrals to the same community-based care approach for persons with substance use disorders and other behavioral health needs encountered in jail, with an emphasis on securing the release of those individuals whenever possible consistent with public safety and relevant court rules.
(b) Proposals targeting prebooking diversion may use funds to identify and refer persons who are encountered in jail to community-based services.
(4) Up to twenty-five percent of the total funds appropriated for the grant program may be allocated to proposals containing any of the following components:
(a) Utilization of case manager and peer support services for persons with substance use disorders and other behavioral health needs who are incarcerated in jails;
(b) Specialized training for jail staff relating to incarcerated individuals with substance use disorders and other behavioral health needs;
(c) Comprehensive jail reentry programming for incarcerated persons with substance use disorders and other behavioral health needs; and
(d) Other innovative interventions targeted specifically at persons with substance use disorders and other behavioral health needs who are brought to jail for booking or are incarcerated in jails.
(5) Proposals must provide a plan for tracking client engagement and describe how they will impact one or more of the expected outcomes of the grant program. Grant recipients must agree to comply with any data collection and reporting requirements that are established by the Washington association of sheriffs and police chiefs in consultation with the law enforcement assisted diversion national support bureau. Grant recipients whose proposals include prebooking diversion programs must engage with the law enforcement assisted diversion national support bureau for technical assistance regarding best practices for prebooking diversion programs, and regarding establishment of an evaluation plan. Subject to appropriated funding, grant awards will be eligible for annual renewal conditioned upon the recipient's demonstration that the funded program is operating in alignment with the requirements for the grant program.
(6) The Washington association of sheriffs and police chiefs must ensure that grants awarded under this program are separate and distinct from grants awarded pursuant to RCW 36.28A.440. Grant funds may not be used to fulfill minimum medical and treatment services that jails or community mental health agencies are legally required to provide.
(7) Once the Washington association of sheriffs and police chiefs, after consultation with the law enforcement assisted diversion national support bureau, certifies that a selected applicant satisfies the proposal criteria, the grant funds will be distributed. To the extent possible, grant awards should be geographically distributed on both the east and west sides of the crest of the Cascade mountain range. Grant applications that include local matching funds may be prioritized. Grant recipients must be selected no later than March 1, 2020.
(8)(a) The grant program under this section must be managed to achieve expected outcomes which are measurable and may be used in the future to evaluate the performance of grant recipients and hold them accountable for the use of funding. The initial expected outcomes defined for the grant program include:
(i) To reduce arrests, time spent in custody, and/or recidivism for clients served by the program;
(ii) To increase access to and utilization of nonemergency community behavioral health services;
(iii) To reduce utilization of emergency services;
(iv) To increase resilience, stability, and well-being for clients served; and
(v) To reduce costs for the justice system compared to processing cases as usual through the justice system.
(b) Programs which apply for and are awarded grant funding may focus on a subset of these outcomes and may target a segment of an outcome, such as reducing time spent in custody but not arrests. The Washington association of sheriffs and police chiefs, in consultation with the law enforcement assisted diversion national support bureau, must develop a plan, timetable, and budget by December 1, 2019, to transition the grant program into a performance-based contracting format and to establish an evidence-based evaluation framework. The plan may include making reasonable modifications to the initial expected outcomes for use in grant contracts. Delivery of the plan to the governor and appropriate committees of the legislature may be combined with the annual report provided in subsection (9) of this section. The research and data division of the department of social and health services and Washington institute for public policy must provide technical support and consultation to support plan development as requested.
(9) The Washington association of sheriffs and police chiefs must submit an annual report regarding the grant program to the governor and appropriate committees of the legislature by December 1st of each year the program is funded. The report must be submitted in compliance with RCW 43.01.036. The report must include information on grant recipients, use of funds, and outcomes and other feedback from the grant recipients. In preparing the report, the Washington association of sheriffs and police chiefs may consult with the law enforcement assisted diversion national support bureau.
(10) Nothing in this section prohibits the Washington association of sheriffs and police chiefs from soliciting or accepting private funds to support the program created in this section.
(11) No civil liability may be imposed by any court on the state or its officers or employees, an appointed or elected official, public employee, public agency as defined in RCW 4.24.470, combination of units of government and its employees as provided in RCW 36.28A.010, nonprofit community-based organization, tribal government entity, tribal organization, or urban Indian organization based on the administration of this grant program or activities carried out within the purview of a grant received under this program except upon proof of bad faith or gross negligence.
[ 2019 c 378 s 1.]

catchline: Grant program—Therapeutic interventions for certain criminal justice system involved persons—Report—Civil liability.


title: RCW 36.28A.455

text:
Information and records prepared, owned, used, or retained by the Washington association of sheriffs and police chiefs revealing the existence of a notification, or of registration to be notified, regarding any specific individual, or the identity of or any information submitted by a person who registers to be notified of a person's custody or supervision status, upcoming hearing, case disposition, or service of a protection order pursuant to the statewide city and county jail booking and reporting system created in RCW 36.28A.040, the statewide automated victim information and notification system created in RCW 36.28A.040, or any other program used for the purposes of notifying individuals of a person's custody or supervision status, upcoming hearing, case disposition, or service of a protection order, are exempt from public inspection and copying under chapter 42.56 RCW.
[ 2022 c 82 s 2.]
Notes:
Effective date—2022 c 82: See note following RCW 72.09.712.

catchline: Information and records—Notification—Public disclosure exemption.


title: RCW 36.29.010

text:
(1) The county treasurer:
(a) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor and electronic funds transfer under RCW 39.58.750 as attested by the county auditor;
(b) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer;
(c) Shall designate as cleared or redeemed in the appropriate county accounting records, the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date cleared or redeemed by the financial institution as the date of redemption;
(d) May, in cases where there are insufficient funds for the redemption of warrants issued by the county or any taxing district for which the county treasurer acts as treasurer, using such funds as not necessary for immediate expenditure, contract with the county or any taxing district for a mutually agreed upon period of time, including for appropriate interest to cover such insufficient funds prior to the issuance of said warrants. In each instance, the county or any taxing district shall not issue additional warrants against funds where a contract is in place with the county treasurer without first contacting the county treasurer and, if necessary, renegotiating a contract to cover such additional funding as may be mutually agreed to;
(e) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles;
(f) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer;
(g) Shall invest all funds of the county or any special district in the treasurer's custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions;
(h) May provide certain collection services for county departments; and
(i) May contract with another county treasurer, the state treasurer, or both, for any duty or service performed by the contracting county treasurer, except that no contracted treasurer may perform a duty that is in conflict with his or her own duties as treasurer or that is in conflict with any other statutory or ethical requirements.
(2) The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer's possession.
(3) Money received by all entities for whom the county treasurer serves as treasurer must be deposited within twenty-four hours in an account designated by the county treasurer unless a waiver is granted by the county treasurer in accordance with RCW 43.09.240.
[ 2023 c 75 s 1; 2019 c 20 s 1; 2005 c 502 s 2; 2002 c 168 s 4; 2001 c 299 s 4; 1998 c 106 s 3; 1995 c 38 s 4; 1994 c 301 s 7; 1991 c 245 s 4; 1963 c 4 s 36.29.010. Prior: (i) 1893 c 104 s 1; Code 1881 s 2740; 1863 p 553 s 3; 1854 p 427 s 3; RRS s 4109. (ii) Code 1881 s 2742; 1863 p 553 s 5; 1854 p 427 s 5; RRS s 4110. (iii) Code 1881 s 2743; 1863 p 553 s 6; 1854 p 427 s 6; RRS s 4111. (iv) 1895 c 73 s 4; Code 1881 s 2744; 1863 p 553 s 7; 1854 p 427 s 7; RRS s 4113. (v) Code 1881 s 2745; 1863 p 553 s 8; RRS s 4114. (vi) 1893 c 104 s 3; Code 1881 s 2748; 1863 p 554 s 11; 1854 p 428 s 11; RRS s 4120. (vii) Code 1881 s 2750; 1863 p 554 s 13; 1854 p 428 s 13; RRS s 4121. (viii) 1895 c 73 s 3; RRS s 4122.]
Notes:
Effective date—2005 c 502: See note following RCW 1.12.070.
Acts of municipal officers ratified and confirmed—1995 c 38: See note following RCW 3.02.045.

catchline: General duties.


title: RCW 36.29.020

text:
(1)(a) The county treasurer shall keep all moneys belonging to the state, or to any county, in his or her own possession until disbursed according to law. The county treasurer shall not place the same in the possession of any person to be used for any purpose; nor shall he or she loan or in any manner use or permit any person to use the same; but it shall be lawful for a county treasurer to deposit any such moneys in any regularly designated qualified public depositary. Any municipal corporation may by action of its governing body authorize any of its funds which are not required for immediate expenditure, and which are in the custody of the county treasurer or other municipal corporation treasurer, to be invested by such treasurer.
(b) Subject to the approval of the county treasurer, an authorized tribal official may, when expressly designated by a tribal constitution, ordinance, or resolution as having the authority to invest funds of a qualifying federally recognized tribe or federally recognized political subdivisions thereof, enter into an intergovernmental agreement to invest tribal funds with the county treasurer. Tribal funds invested in this way must be under the control of or in the custody of the tribe or a political subdivision thereof, and the tribe must warrant that the use or disposition of the funds are not subject to, or are used and deposited with, federal approval, and must warrant that the funds are not immediately required to meet current demands.
(c) The county treasurer may invest in savings or time accounts in designated qualified public depositaries or in certificates, notes, or bonds of the United States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government of the United States; in bankers' acceptances purchased on the secondary market, in federal home loan bank notes and bonds, federal land bank bonds and federal national mortgage association notes, debentures and guaranteed certificates of participation, or the obligations of any other government sponsored corporation whose obligations are or may become eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system or deposit such funds or any portion thereof in investment deposits as defined in RCW 39.58.010 secured by collateral in accordance with the provisions of chapters 39.58 and 39.59 RCW: PROVIDED, Five percent of the earnings, with an annual maximum of $50, on each transaction authorized by the governing body or authorized tribal official shall be paid as an investment service fee to the office of the county treasurer or other municipal corporation treasurer when the earnings become available to the governing body or tribe: PROVIDED FURTHER, That if such investment service fee amounts to five dollars or less the county treasurer or other municipal corporation treasurer may waive such fee.
(d) If in the judgment of the governing body of the municipal corporation, the authorized tribal official, or the county treasurer it is necessary to redeem or to sell any of the purchased securities before their ultimate maturity date, the governing body or authorized tribal official may, by resolution or by official request, direct the county treasurer pursuant to *RCW 36.29.010(8) to cause such redemption to be had at the redemption value of the securities or to sell the securities at not less than market value and accrued interest.
(2) Whenever the funds of any municipal corporation which are not required for immediate expenditure are in the custody or control of the county treasurer, and the governing body of such municipal corporation has not taken any action pertaining to the investment of any such funds, the county finance committee shall direct the county treasurer, under the investment policy of the county finance committee, to invest, to the maximum prudent extent, such funds or any portion thereof in savings or time accounts in designated qualified public depositaries or in certificates, notes, or bonds of the United States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government of the United States, in bankers' acceptances purchased on the secondary market, in federal home loan bank notes and bonds, federal land bank bonds and federal national mortgage association notes, debentures and guaranteed certificates of participation, or the obligations of any other government sponsored corporation whose obligations are or may become eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system or deposit such funds or any portion thereof in investment deposits as defined in RCW 39.58.010 secured by collateral in accordance with the provisions of chapters 39.58 and 39.59 RCW: PROVIDED, That the county treasurer shall have the power to select the specific qualified financial institution in which the funds may be invested. The interest or other earnings from such investments or deposits shall be deposited in the current expense fund of the county and may be used for general county purposes. The investment or deposit and disposition of the interest or other earnings therefrom authorized by this paragraph shall not apply to such funds as may be prohibited by the state Constitution from being so invested or deposited.
[ 2023 c 74 s 1; 1999 c 18 s 4; 1997 c 393 s 4; 1991 c 245 s 5; 1984 c 177 s 7; 1982 c 73 s 1; 1980 c 56 s 1; 1979 c 57 s 1; 1973 1st ex.s. c 140 s 1; 1969 ex.s. c 193 s 26; 1967 c 173 s 1; 1965 c 111 s 2; 1963 c 4 s 36.29.020. Prior: 1961 c 254 s 1; 1895 c 73 s 1; RRS s 4112.]
Notes:
*Reviser's note: RCW 36.29.010 was amended by 2023 c 75 s 1, changing subsection (8) to subsection (1)(g).
Construction—Severability—1969 ex.s. c 193: See notes following RCW 39.58.010.
Liability of treasurers and state treasurer for losses on public deposits: RCW 39.58.140.
Public depositaries: Chapter 39.58 RCW.

catchline: Custodian of moneys—Investing tribal funds—Investment of funds not required for immediate expenditures—Service fee.


title: RCW 36.29.022

text:
Upon the request of one or several units of local government or authorized tribal officials of tribes that invest their money with the county under the provisions of RCW 36.29.020, the treasurer of that county may combine those units' and/or tribes' moneys for the purposes of investment.
[ 2023 c 74 s 2; 1986 c 294 s 11.]

catchline: Combining of moneys for investment.


title: RCW 36.29.024

text:
(1) The county treasurer may deduct the amounts necessary to reimburse the treasurer's office for the actual expenses the office incurs and to repay any county funds appropriated and expended for the initial administrative costs of establishing a county investment pool provided in RCW 36.29.022. These funds shall be used by the county treasurer as a revolving fund to defray the cost of administering the pool without regard to budget limitations. Any credits or payments to political subdivisions or tribal governments shall be calculated and made in a manner which equitably reflects the differing amounts of the political subdivision's respective deposits in the county investment pool and the differing periods of time for which the amounts were placed in the county investment pool.
(2) A county investment pool must be available for investment of funds of any local government or tribal government that invests its money with the county under the provisions of RCW 36.29.020, and a county treasurer shall follow the request from the local government or tribal government to invest its funds in the pool.
(3) As used in this section "actual expenses" include only the county treasurer's direct and out-of-pocket costs and do not include indirect or loss of opportunity costs. As used in this section, "direct costs" means those costs that can be identified specifically with the administration of the county investment pool. Direct costs include: (a) Compensation of employees for the time devoted and identified specifically to administering the pool; and (b) the cost of materials, services, or equipment acquired, consumed, or expended specifically for the purpose of administering the pool.
[ 2023 c 74 s 3; 2009 c 553 s 1; 2004 c 79 s 3; 1988 c 281 s 5.]

catchline: Investment expenses.


title: RCW 36.29.025

text:
The county treasurer in each of the organized counties of the state of Washington, shall be by his or her county provided with a seal of office for the authentication of all tax deeds, papers, writing and documents required by law to be certified or authenticated by him or her. Such seal shall bear the device of crosskeys and the words: Official Seal Treasurer . . . . . . County, Washington; and an imprint of such seal, together with the certificate of the county treasurer that such seal has been regularly adopted, shall be filed in the office of the county auditor of such county.
[ 2009 c 549 s 4061; 1963 c 4 s 36.29.025. Prior: 1903 c 15 s 1; RRS s 4125.]

catchline: Official seal.


title: RCW 36.29.090

text:
Whenever an action based upon official misconduct is commenced against any county treasurer the county commissioners may suspend the treasurer from office until such suit is determined, and may appoint some person to fill the vacancy.
[ 2001 c 299 s 6; 1963 c 4 s 36.29.090. Prior: 1895 c 73 s 2; Code 1881 s 2749; 1863 p 554 s 12; 1854 p 428 s 12; RRS s 4124.]

catchline: Suspension of treasurer.


title: RCW 36.29.100

text:
The county treasurer of each county in which there is a city of the first class is ex officio collector of city taxes of such city, and before entering upon the duties of office the treasurer shall execute in favor of the city and file with the clerk thereof a good and sufficient bond, the penal sum to be fixed by the city council, such bond to be approved by the mayor of such city or other authority thereof by whom the bond of the city treasurer is required to be approved. All special assessments and special taxation for local improvements assessed on property benefited shall be collected by the city treasurer.
[ 2001 c 299 s 7; 1963 c 4 s 36.29.100. Prior: 1895 c 160 s 1; 1893 c 71 s 4; RRS s 11321.]

catchline: Ex officio collector of first-class city taxes.


title: RCW 36.29.110

text:
All city taxes and earnings on such taxes, as provided for in RCW 36.29.020, collected during the month shall be remitted to the city by the county treasurer on or before the tenth day of the following month. The county treasurer shall submit a statement of taxes collected with such remittance. To facilitate the investment of collected taxes, the treasurer may invest as provided for in RCW 36.29.020 without the necessity of the cities specifically requesting combining funds for the purposes of investment.
[ 1991 c 245 s 7; 1963 c 4 s 36.29.110. Prior: 1905 c 157 s 1; 1895 c 160 s 2; 1893 c 71 s 5; RRS s 11322.]

catchline: City taxes.


title: RCW 36.29.120

text:
For the purpose of collection of all taxes levied for cities and towns of other than the first class, the county treasurer of the county wherein such city or town is situated shall be ex officio tax collector.
[ 1963 c 4 s 36.29.120. Prior: 1893 c 72 s 3; RRS s 11330.]

catchline: Ex officio collector of other city taxes.


title: RCW 36.29.130

text:
The county treasurer, upon receipt of the tax roll, shall proceed to collect and receipt for the municipal taxes extended thereon at the same time and in the same manner as he or she proceeds in the collection of other taxes on such roll.
[ 2009 c 549 s 4062; 1963 c 4 s 36.29.130. Prior: 1893 c 72 s 7; RRS s 11334.]

catchline: Duty to collect taxes.


title: RCW 36.29.160

text:
The county treasurer shall make segregation, collect, and receive from any owner or owners of any subdivision or portion of any lot, tract or parcel of land upon which assessments or charges have been made or may be made by public utility districts, water-sewer districts, or the county, under the terms of Title 54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or 36.94 RCW, such portion of the assessments or charges levied or to be levied against such lot, tract or parcel of land in payment of such assessment or charges as the board of commissioners of the public utility district, the water-sewer district commissioners or the board of county commissioners, respectively, shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making collection upon any such subdivision the county treasurer shall note such payment upon the records of the office of the treasurer and give receipt therefor. When a segregation is required, a certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made.
[ 2001 c 299 s 8; 1998 c 106 s 4; 1996 c 230 s 1607; 1963 c 4 s 36.29.160. Prior: 1959 c 142 s 2; 1953 c 210 s 1.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.

catchline: Segregation and collection of specified assessments and charges made by public utility districts, water-sewer districts, or the county—Fee.


title: RCW 36.29.170

text:
The county treasurer shall keep an office at the county seat, and shall keep the same open for transaction of business during business hours; and the treasurer and the treasurer's deputy are authorized to administer all oaths necessary in the discharge of the duties of the office.
[ 2009 c 105 s 4; 2001 c 299 s 9; 1963 c 4 s 36.29.170. Prior: Code 1881 s 2742; 1863 p 553 s 5; 1854 p 427 s 5; RRS s 4110.]

catchline: Office at county seat.


title: RCW 36.29.180

text:
The county treasurer, in all instances where required by law to handle, collect, disburse, and account for special assessments, fees, rates, or charges within the county, may charge and collect a fee for services not to exceed four dollars per parcel for each year in which the funds are collected. Such charges for services shall be based upon costs incurred by the treasurer in handling, collecting, disbursing, and accounting for the funds.
Such fees shall be a charge against the district and shall be credited to the county current expense fund by the county treasurer.
[ 1991 c 245 s 8; 1963 c 4 s 36.29.180. Prior: 1961 c 270 s 1.]

catchline: Fees for handling, collecting, disbursing, and accounting for special assessments, fees, rates, or charges.


title: RCW 36.29.190

text:
(1) County treasurers are authorized to accept electronic payments for payment of any kind including, but not limited to, payment for taxes, fines, interest, penalties, special assessments, fees, rates, charges, or moneys due counties.
(a) The county treasurer must determine the amount of the transaction processing cost for electronic payments. The county treasurer's determination must be based upon costs incurred by the treasurer and may not, in any event, exceed the additional direct costs incurred by the county to accept the specific form of payment utilized by the payer.
(b) A payer using electronic payment must pay the transaction processing cost, except as otherwise provided in this section.
(2) For payments for taxes, interest associated with taxes, and penalties associated with taxes that are made by automatic clearinghouse system, federal wire, or other electronic communication, any fee associated with the transaction may be absorbed within the county treasurer's banking services budget.
(3) A county treasurer may elect to not charge transaction processing costs for all payments made for a specific category of nontax payments if the county legislative authority, or the legislative authority of a district where the county treasurer serves as ex officio treasurer, finds that not charging such transaction processing costs is in the best interests of the county or district. Interest and penalties associated with such transaction processing costs may be absorbed by the county department or taxing district assessing the payment transactions.
(4) For purposes of this section, the following definitions apply:
(a) "Electronic payment" means a payment made using the following: Credit cards, charge cards, debit cards, smart cards, stored value cards, federal wire, automatic clearinghouse system transactions, or other electronic communication;
(b) "Nontax payments" means payments received by the county treasurer that include payments for fines, interest not associated with taxes, penalties not associated with taxes, special assessments, fees, rates, charges, or moneys due counties; and
(c) "Transaction processing cost" means the cost of processing an electronic payment as determined by the county treasurer. This cost is based on costs incurred by the county treasurer and may not exceed the additional direct costs incurred by the county to accept a specific form of electronic payment utilized by the payer.
[ 2016 sp.s. c 5 s 1; 2003 c 23 s 8; 1997 c 393 s 19; 1996 c 153 s 3.]
Notes:
Applicability—1996 c 153: See note following RCW 84.56.020.

catchline: Acceptance of electronic payments—Transaction processing costs.


title: RCW 36.29.200

text:
The county treasurer or, in the case of a home rule county, the county official designated by county charter and ordinance as the official with custody over the collection of countywide tax revenues, shall receive all money representing revenues from taxes authorized under RCW 82.14.400, and shall disburse such money to the authority established in RCW 36.01.190.
[ 1999 c 104 s 2.]

catchline: Collection of sales and use taxes for zoo and aquarium advisory authority.


title: RCW 36.29.210

text:
(1) The county treasurer must post a notice describing the:
(a) Property tax exemption program pursuant to RCW 84.36.379 through 84.36.389; and
(b) Property tax deferral program pursuant to chapter 84.38 RCW.
(2) The notice required under subsection (1) of this section must be posted in a location visible to the public.
[ 2019 c 332 s 6.]
Notes:
Effective date—2019 c 332: See note following RCW 84.56.029.

catchline: Property tax exemption and deferral programs—Notice.


title: RCW 36.29.220

text:
(1) Beginning January 1, 2028, the legislative body of any county may impose a local renewable energy excise tax for the privilege of using a battery electric storage system or a qualified renewable energy facility for an electric power source in the state. This tax applies to battery electric storage systems and qualified renewable energy facilities:
(a) That begin operation on or after January 1, 2028; or
(b) For systems in operation prior to January 1, 2028, when one of the following occur:
(i) The repowering of a project; or
(ii) The project developer opts into the renewable energy excise tax pursuant to RCW 82.96.060.
(2) The application of the tax is subject to the conditions of this chapter and is in addition to any taxes imposed upon the same persons under RCW 82.96.040 or chapter 82.04 or 82.16 RCW.
(3) The rate of the tax is established in RCW 82.96.050. The taxes must be paid semiannually in two equal payments due on April 30th and October 31st of each year and in the manner and form prescribed by the county treasurer.
(4) The county treasurer shall distribute any revenues received under this section to each appropriate local taxing district in the county that reflects the pro rata share of the property tax rate in the prior tax year of the district in accordance with RCW 84.56.230, except any voter-approved excess property tax levies within a taxing district authorized after January 1, 2028.
(5) The definitions in RCW 82.96.005 apply throughout this section.
[ 2026 c 260 s 104.]
Notes:
Intent—2026 c 260: See note following RCW 43.63A.770.
Tax preference performance statement exemption—Automatic expiration date exemption—2026 c 260: See note following RCW 82.96.040.
Effective date—2026 c 260: See note following RCW 82.96.005.

catchline: Local renewable energy excise tax. (Effective January 1, 2028.)


title: RCW 36.32.005

text:
The term "county commissioners" when used in this title or any other provision of law shall include the governmental authority empowered to so act under the provisions of a charter adopted by any county of the state.
[ 1971 ex.s. c 117 s 1.]

catchline: "County commissioners" defined.


title: RCW 36.32.010

text:
There is established in each county in this state a board of county commissioners. Except as provided in RCW 36.32.055 and 36.32.0552, each board of county commissioners shall consist of three qualified electors, two of whom shall constitute a quorum to do business.
[ 1990 c 252 s 1; 1963 c 4 s 36.32.010. Prior: Code 1881 s 2663; 1869 p 303 s 1; 1867 p 52 s 1; 1863 p 540 s 1; 1854 p 420 s 1; RRS s 4036.]

catchline: Board of commissioners established—Quorum.


title: RCW 36.32.020

text:
The board of county commissioners of each county shall divide their county into three commissioner districts so that each district shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised in any voting precincts of such districts shall remain compact, and shall not be divided by the lines of said districts.
However, the commissioners of any county composed entirely of islands and with a population of less than thirty-five thousand may divide their county into three commissioner districts without regard to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations.
The commissioners of any county may authorize a change to their electoral system pursuant to RCW 29A.92.040. Except where necessary to comply with a court order issued pursuant to RCW 29A.92.110, and except in the case of an intervening census, the lines of the districts shall not be changed more often than once in four years and only when a full board of commissioners is present. Except when authorized under RCW 29A.92.115, the districts shall be designated as districts numbered one, two, and three.
[ 2023 c 56 s 11; 2018 c 113 s 204; 1982 c 226 s 4; 1970 ex.s. c 58 s 1; 1963 c 4 s 36.32.020. Prior: 1893 c 39 s 2; 1890 p 317 ss 1, 2; RRS s 4037.]
Notes:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Findings—Intent—Short title—2018 c 113: See RCW 29A.92.005 and 29A.92.900.
Effective date—1982 c 226: See note following RCW 35.21.180.

catchline: Commissioner districts—Voluntary change to electoral system.


title: RCW 36.32.030

text:
(1) Except as provided otherwise in subsection (2) of this section, the terms of office of county commissioners shall be four years and shall extend until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. The terms of office of county commissioners shall be staggered so that either one or two commissioners are elected at a general election held in each even-numbered year.
(2) At the general election held in 2022, any noncharter county with a population of four hundred thousand or more must elect county commissioners in accordance with a districting plan adopted under RCW 36.32.054. Any county commissioner whose term is set to expire on or after January 1, 2023, is subject to the new election in accordance with the districting plan. The county commissioners shall begin their terms of office on January 1, 2023, and such terms shall be staggered terms, as designated in the districting plan.
[ 2018 c 301 s 6; 2015 c 53 s 63; 1979 ex.s. c 126 s 27; 1963 c 4 s 36.32.030. Prior: 1951 c 89 s 1. Formerly: (i) 1891 c 97 ss 1, 2; RRS s 4038. (ii) 1891 c 67 s 3; RRS s 4039. (iii) 1891 c 89 s 4; RRS s 4040. (iv) 1891 c 67 s 5; RRS s 4041.]
Notes:
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Terms of commissioners.


title: RCW 36.32.040

text:
(1) Except as provided in subsection (2) of this section, the qualified electors of each county commissioner district, and they only, shall nominate from among their own number, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county and district offices are nominated in all other respects.
(2) Where the commissioners of a county composed entirely of islands with a population of less than thirty-five thousand have chosen to divide the county into unequal-sized commissioner districts pursuant to the exception provided in RCW 36.32.020, the qualified electors of the entire county shall nominate from among their own number who reside within a commissioner district, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county offices are nominated in all other respects.
(3) The commissioners of any county may authorize a change to their electoral system pursuant to RCW 29A.92.040.
[ 2018 c 113 s 205; 1982 c 226 s 5; 1963 c 4 s 36.32.040. Prior: 1909 c 232 s 1; RRS s 4043.]
Notes:
Findings—Intent—Short title—2018 c 113: See RCW 29A.92.005 and 29A.92.900.
Effective date—1982 c 226: See note following RCW 35.21.180.

catchline: Nomination by districts—Voluntary change to electoral system.


title: RCW 36.32.050

text:
(1) Except as provided otherwise in subsection (2) of this section or this chapter, county commissioners shall be elected by the qualified voters of the county and the person receiving the highest number of votes for the office of commissioner for the district in which he or she resides shall be declared duly elected from that district.
(2) Beginning in 2022, in any noncharter county with a population of four hundred thousand or more, county commissioners must be nominated and elected by the qualified electors of the commissioner district in which he or she resides. The person receiving the highest number of votes at a general election for the office of commissioner for the district in which he or she resides must be declared duly elected from that district.
[ 2018 c 301 s 7; 2009 c 549 s 4063; 1963 c 4 s 36.32.050. Prior: 1895 c 110 s 1; 1893 c 39 s 1; 1891 c 67 s 6; 1890 p 317 s 3; RRS s 4042.]
Notes:
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.

catchline: Election.


title: RCW 36.32.051

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "District" means a geographic area within county boundaries and designated in a county redistricting plan, as provided in RCW 36.32.054.
(2) "District election" means a candidate from each district is elected in a general election by the voters of the district in which the candidate resides.
(3) "District nomination" means a candidate from each district is nominated in a primary election by the voters of the district in which the candidate resides.
[ 2018 c 301 s 2.]
Notes:
Findings—2018 c 301: "The legislature finds that the leaders of local jurisdictions should represent the interests of the communities they serve and should be accountable to all their constituents. The legislature further finds that district-based elections help to make elected officials more responsible to their constituents by bringing candidates closer to the communities from which they are elected. The legislature further finds that the districting process requires transparent and fair decision making in a bipartisan effort to ensure that districts constitute an accurate and balanced representation of the community." [ 2018 c 301 s 1.]
Short title—2018 c 301: "This act may be known and cited as the responsible representation act." [ 2018 c 301 s 11.]

catchline: District-based elections—Definitions.


title: RCW 36.32.052

text:
(1) Beginning in 2022, any noncharter county with a population of four hundred thousand or more must have a board of commissioners with five members, and must use district nominations and district elections for its commissioner positions, in accordance with RCW 36.32.050.
(a) By April 30, 2021, the county must establish a redistricting committee, in accordance with RCW 36.32.053, to create, review, and adjust county commissioner districts in accordance with subsection (1) of this section. The commissioner districts established by the redistricting committee must be designated as districts numerically one through five. Any districting plan adopted by the redistricting committee must designate the initial terms of office for each of the county commissioner positions, as provided in RCW 36.32.030(2).
(b) Beginning in 2022, district elections for all county commissioners in a noncharter county with a population of four hundred thousand or more must be held in accordance with any districting plan adopted by a redistricting committee that is established in accordance with RCW 36.32.054.
(2) After 2022, by April 30th of each year ending in one, each qualifying county must establish a redistricting committee in accordance with RCW 36.32.053. The redistricting committee must review and adjust as necessary the boundaries of the county's commissioner districts.
[ 2018 c 301 s 3.]
Notes:
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.


title: RCW 36.32.053

text:
(1) A county redistricting committee established under this chapter must have five members appointed in each year ending in one, as follows:
(a) One member shall be appointed by the members of each of the two largest caucuses, respectively, of the house of representatives whose legislative districts are wholly or partially within the noncharter county with a population of four hundred thousand or more;
(b) One member shall be appointed by the members of each of the two largest caucuses, respectively, of the senate whose legislative districts are wholly or partially within the noncharter county with a population of four hundred thousand or more; and
(c) The fifth member, who shall serve as the nonvoting chair of the committee, shall be appointed by a majority of the other four members.
(2) Committee members may not be appointed until after January 1, 2021.
(a) If any member is not appointed in accordance with the process in subsection (1)(a) or (b) of this section by March 1st then the respective legislative leader of each caucus whose qualifying members have not made an appointment must make the respective appointment by April 1st. If any caucus does not have at least one qualifying member, then the legislative leader of that caucus shall make the appointment by April 1st.
(b) If the fifth member is not appointed in accordance with subsection (1)(c) of this section by April 15th, then the county board of commissioners must appoint the fifth member by April 30th.
(3) A vacancy on a redistricting committee must be filled in the same manner as the initial appointment within fifteen days after the vacancy occurs.
(4) No person may serve on a redistricting committee who:
(a) Is not a registered voter of the state at the time of appointment;
(b) Is not a resident of the county;
(c) Is or within two years before appointment was a consultant for or had a contract with the county, or had been a registered lobbyist that lobbies the county commission; or
(d) Is or within two years before appointment was an elected official or elected legislative, county, or state party officer.
(5) Members of a redistricting committee may not:
(a) Campaign for elective office while a member of the committee;
(b) Actively participate in or contribute to any political campaign of any candidate for county elective office while a member of the committee; or
(c) Hold or campaign for a seat as a county commissioner for two years after the date the redistricting committee concludes its duties under this chapter.
(6) Before serving on a county redistricting committee, every person must take and subscribe an oath to faithfully perform the duties of that office.
(7) The legislative body of the county will provide adequate funding and resources to support the duties of the redistricting committee.
[ 2018 c 301 s 4.]
Notes:
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.


title: RCW 36.32.054

text:
(1) Within one hundred twenty days after a redistricting committee is established under this chapter, the committee must prepare and publish a draft districting plan dividing the county into five commissioner districts. The committee must hold public meetings in preparing the draft, in compliance with chapter 42.30 RCW, and records of the committee must be available for public disclosure, pursuant to chapter 42.56 RCW.
(2) Within sixty days of publishing the draft districting plan, the committee must:
(a) Solicit written public comment on the draft;
(b) Hold at least one public hearing on the plan, including notice and public comment;
(c) Amend the draft as necessary after the public comment and hearing; and
(d) Either:
(i) Adopt the original or amended districting plan by a vote of at least three of the four voting committee members, and promptly file the adopted districting plan with the county auditor; or
(ii) Notify the state redistricting commission, established under chapter 44.05 RCW, with instructions to approve a districting plan for the county.
(3) If the committee instructs the state redistricting commission to approve a districting plan for the county, the state redistricting commission must convene or reconvene for purposes of approving a districting plan for the county, in addition to its duties under chapter 44.05 RCW. The committee may submit any proposed plans drafted by the committee or a committee member to assist the state redistricting commission. The state redistricting commission must approve a districting plan for the county within sixty days of receiving notice from the committee, and promptly file the plan with the county auditor.
(4) The districting plan is effective upon filing the plan with the county auditor either by the committee or by the state redistricting commission.
(5) County commissioner elections pursuant to the districting plan filed with the county auditor must begin in the next even-numbered year, and conducted in accordance with RCW 36.32.050.
(6) Each commissioner district established by a redistricting committee under this section must comprise as nearly as possible one-fifth of the population of the county. The boundaries of commissioner districts must:
(a) Correspond as nearly as practicable to election precinct boundaries; and
(b) Create districts with compact, contiguous territory containing geographic units, natural communities, and approximately equal populations.
(7) Upon filing of the adopted districting plan with the county auditor, or sixty days after providing notice to the state redistricting commission, the redistricting committee is dissolved until such time as a new redistricting committee is established as provided in RCW 36.32.051.
[ 2018 c 301 s 5.]
Notes:
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.

catchline: District-based elections—Redistricting committee—Districting plan—Requirements.


title: RCW 36.32.055

text:
(1) The board of commissioners of any noncharter county with a population of three hundred thousand or more, and less than four hundred thousand, may cause a ballot proposition to be submitted at a general election to the voters of the county authorizing the board of commissioners to be increased to five members.
(2) As an alternative procedure, a ballot proposition shall be submitted to the voters of a noncharter county authorizing the board of commissioners to be increased to five members, upon petition of the county voters equal to at least ten percent of the voters voting at the last county general election. At least twenty percent of the signatures on the petition shall come from each of the existing commissioner districts.
Any petition requesting that such an election be held shall be submitted to the county auditor for verification of the signatures thereon. Within no more than thirty days after the submission of the petition, the auditor shall determine if the petition contains the requisite number of valid signatures. The auditor shall certify whether or not the petition has been signed by the requisite number of county voters and forward such petition to the board of county commissioners. If the petition has been signed by the requisite number of county voters, the board of county commissioners shall submit such a proposition to the voters for their approval or rejection at the next general election held at least sixty days after the proposition has been certified by the auditor.
[ 2018 c 301 s 9; 1990 c 252 s 2.]
Notes:
Effective date—2018 c 301 s 9: "Section 9 of this act takes effect January 1, 2021." [ 2018 c 301 s 13.]
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.

catchline: Five-member commission—When authorized—Ballot proposition—Petition—Procedures.