title: RCW 43.33A.020

text:
There is hereby created the state investment board to consist of fifteen members to be appointed as provided in this section.
(1) One member who is an active member of the public employees' retirement system and has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system. The initial term of appointment shall be one year.
(2) One member who is an active member of the law enforcement officers' and firefighters' retirement system and has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system. The initial term of appointment shall be two years.
(3) One member who is an active member of the teachers' retirement system and has been an active member for at least five years. This member shall be appointed by the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment shall be three years.
(4) The state treasurer or the assistant state treasurer if designated by the state treasurer.
(5) A member of the state house of representatives. This member shall be appointed by the speaker of the house of representatives.
(6) A member of the state senate. This member shall be appointed by the president of the senate.
(7) One member who is a retired member of a state retirement system shall be appointed by the governor, subject to confirmation by the senate. The initial term of appointment shall be three years.
(8) The director of the department of labor and industries.
(9) The director of the department of retirement systems.
(10) One member who is an active member of the school employees' retirement system and has at least five years of service credit. This member shall be appointed by the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment shall be three years.
(11) Five nonvoting members appointed by the state investment board who are considered experienced and qualified in the field of investments.
The legislative members shall serve terms of two years. The initial legislative members appointed to the board shall be appointed no sooner than January 10, 1983. The position of a legislative member on the board shall become vacant at the end of that member's term on the board or whenever the member ceases to be a member of the senate or house of representatives from which the member was appointed.
After the initial term of appointment, all other members of the state investment board, except ex officio members, shall serve terms of three years and shall hold office until successors are appointed. Members' terms, except for ex officio members, shall commence on January 1 of the year in which the appointments are made.
Members may be reappointed for additional terms. Appointments for vacancies shall be made for the unexpired terms in the same manner as the original appointments. Any member may be removed from the board for cause by the member's respective appointing authority.
[ 2002 c 303 s 1; 1985 c 195 s 1; 1981 c 219 s 1; 1981 c 3 s 2.]
Notes:
Effective date—2002 c 303: "This act takes effect September 1, 2002." [ 2002 c 303 s 3.]
Effective dates—1981 c 219: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 14, 1981], except sections 1 and 2 of this act shall take effect July 1, 1981." [ 1981 c 219 s 6.]
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.


doc_type: statute

jurisdiction: wa

title: RCW 43.33A.025

text:
(1) Notwithstanding any provision of RCW 43.43.700 through 43.43.815, the state investment board shall require a criminal history record check for conviction records through the Washington state patrol criminal identification system, and through the federal bureau of investigation, for the purpose of conducting preemployment evaluations of each finalist candidate for a board staff position exempt from the provisions of chapter 41.06 RCW, or for any other position in which the employee will have authority for or access to: (a) Funds under the jurisdiction or responsibility of the investment board; or (b) data or security systems of the investment board or designs for such systems. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card, which shall be forwarded by the state patrol to the federal bureau of investigation.
(2) Information received by the investment board pursuant to this section shall be made available by the investment board only to board employees involved in the selection, hiring, background investigation, or job assignment of the person who is the subject of the record check, or to that subject person, and it shall be used only for the purposes of making, supporting, or defending decisions regarding the appointment or hiring of persons for these positions, or securing any necessary bonds or other requirements for such employment. Otherwise, the reports, and information contained therein, shall remain confidential and shall not be subject to the disclosure requirements of chapter 42.56 RCW.
(3) Fees charged by the Washington state patrol, or the federal bureau of investigation, for conducting these investigations and providing these reports shall be paid by the investment board.
[ 2005 c 274 s 297; 2000 c 188 s 1; 1999 c 226 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Criminal history record checks for board staff finalist candidates.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.33A.030

text:
Trusteeship of those funds under the authority of the board is vested in the voting members of the board. The nonvoting members of the board shall advise the voting members on matters of investment policy and practices.
The board may enter into contracts necessary to carry out its powers and duties. The board may delegate any of its powers and duties to its executive director as deemed necessary for efficient administration and when consistent with the purposes of chapter 3, Laws of 1981.
Subject to guidelines established by the board, the board's executive director may delegate to board staff any of the executive director's powers and duties including, but not limited to, the power to make investment decisions and to execute investment and other contracts on behalf of the board.
[ 1997 c 161 s 1; 1981 c 3 s 3.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Trusteeship of funds—Contracts—Delegation of powers and duties.


title: RCW 43.33A.035

text:
The board or its executive director may delegate by contract to private sector or other external advisors or managers the discretionary authority, as fiduciaries, to purchase or otherwise acquire, sell, or otherwise dispose of or manage investments or investment properties on behalf of the board, subject to investment or management criteria established by the board or its executive director. Such criteria relevant to particular investments or class of investment applicable under the board's contract with an advisor or manager must be incorporated by reference into the contract.
[ 1997 c 161 s 2.]

catchline: Delegation of authority—Investments or investment properties.


title: RCW 43.33A.040

text:
(1) A quorum to conduct the business of the state investment board consists of at least six voting members. No action may be taken by the board without the affirmative vote of six members.
(2) The state investment board shall meet at least quarterly at such times as it may fix. The board shall elect a chairperson and vice chairperson annually: PROVIDED, That the legislative members are not eligible to serve as chairperson.
[ 2002 c 303 s 2; 1981 c 219 s 2; 1981 c 3 s 4.]
Notes:
Effective date—2002 c 303: See note following RCW 43.33A.020.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.


title: RCW 43.33A.050

text:
Members of the state investment board who are public employees shall serve without compensation but shall suffer no loss because of absence from their regular employment. Members of the board who are not public employees shall be compensated in accordance with RCW 43.03.240. Members of the board who are not legislators shall be reimbursed for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060. Legislative members shall receive allowances provided for in RCW 44.04.120.
[ 1984 c 287 s 80; 1981 c 3 s 5.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Compensation of members—Travel expenses.


title: RCW 43.33A.060

text:
No member during the term of appointment may be employed by any investment brokerage or mortgage servicing firm doing business with the state investment board. A trust department of a commercial bank or trust company organized under federal or state law is not considered a mortgage servicing firm for purposes of this section.
[ 1981 c 3 s 6.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Employment restrictions.


title: RCW 43.33A.070

text:
No member of the state investment board is liable for the negligence, default, or failure of any other person or other member of the board to perform the duties of the member's office and no member of the board shall be considered or held to be an insurer of the funds or assets of any of the trust and retirement funds nor is any nonvoting member liable for actions performed with the exercise of reasonable diligence within the scope of the member's authorized activities as a member of the board.
[ 1981 c 3 s 7.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Liability of members.


title: RCW 43.33A.080

text:
The state investment board may invest those funds which are not under constitutional prohibition in: (1) Farm ownership and soil and water conservation loans fully guaranteed as to principal and interest under the Bankhead-Jones farm tenant act administered by the United States department of agriculture; and (2) the Washington land bank established by *chapter 31.30 RCW.
[ 1987 c 29 s 2; 1981 c 3 s 8.]
Notes:
*Reviser's note: Chapter 31.30 RCW was repealed by 1998 c 12 s 1.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Investment of funds in farm, soil, water conservation loans and in Washington land bank.


title: RCW 43.33A.090

text:
The state investment board shall keep a full and complete public record of its proceedings in appropriate books of record. Within sixty days of July 1, 1981, the state investment board shall assume physical custody of all investment accounts, files, and other records of each fund placed under the investment authority of the board.
[ 1981 c 3 s 9.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Records.


title: RCW 43.33A.100

text:
The state investment board shall maintain appropriate offices and employ such personnel as may be necessary to perform its duties. Employment by the investment board shall include but not be limited to an executive director, investment officers, and a confidential secretary, which positions are exempt from classified service under chapter 41.06 RCW. Employment of the executive director by the board shall be for a term of three years, and such employment shall be subject to confirmation of the state finance committee: PROVIDED, That nothing shall prevent the board from dismissing the director for cause before the expiration of the term nor shall anything prohibit the board, with the confirmation of the state finance committee, from employing the same individual as director in succeeding terms. Compensation levels for the executive director, a confidential secretary, and all investment officers, including the deputy director for investment management, employed by the investment board shall be established by the state investment board. The investment board is authorized to maintain a retention pool within the state investment board expense account under RCW 43.33A.160, from the earnings of the funds managed by the board, pursuant to a performance management and compensation program developed by the investment board, in order to address recruitment and retention problems and to reward performance. The compensation levels and incentive compensation for investment officers shall be limited to the average of total compensation provided by state or other public funds of similar size, based upon a biennial survey conducted by the investment board, with review and comment by the joint legislative audit and review committee. However, in any fiscal year the incentive compensation granted by the investment board from the retention pool to investment officers pursuant to this section may not exceed thirty percent. Disbursements from the retention pool shall be from legislative appropriations and shall be on authorization of the board's executive director or the director's designee.
The investment board shall provide notice to the director of financial management and the chairs of the house of representatives and senate fiscal committees of proposed changes to the compensation levels for the positions. The notice shall be provided not less than sixty days prior to the effective date of the proposed changes.
As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state investment board on July 1, 1981, are assigned to the state investment board. The transfer shall not diminish any rights granted these employees under chapter 41.06 RCW nor exempt the employees from any action which may occur thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the functions transferred to the state investment board in chapter 3, Laws of 1981 shall remain in full force and effect, and shall be performed by the board. None of the transfers directed by chapter 3, Laws of 1981 shall affect the validity of any act performed by a state entity or by any official or employee thereof prior to July 1, 1981.
[ 2011 1st sp.s. c 43 s 457; 2008 c 236 s 1; 2001 c 302 s 1; 1993 c 281 s 50; 1981 c 219 s 3; 1981 c 3 s 10.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Offices—Personnel—Officers—Compensation—Transfer of employees—Existing contracts and obligations.


title: RCW 43.33A.110

text:
The state investment board may make appropriate rules and regulations for the performance of its duties. The board shall establish investment policies and procedures designed exclusively to maximize return at a prudent level of risk. However, in the case of the department of labor and industries' accident, medical aid, and reserve funds, the board shall establish investment policies and procedures designed to attempt to limit fluctuations in industrial insurance premiums and, subject to this purpose, to maximize return at a prudent level of risk. The board shall adopt rules to ensure that its members perform their functions in compliance with chapter 42.52 RCW. Rules adopted by the board shall be adopted pursuant to chapter 34.05 RCW.
[ 1994 c 154 s 310; 1989 c 179 s 1; 1988 c 130 s 1; 1981 c 219 s 4; 1981 c 3 s 11.]
Notes:
Effective date—1994 c 154: See RCW 42.52.904.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Rules and regulations—Investment policies and procedures.


title: RCW 43.33A.120

text:
All accounts, files, and other records of the state investment board which pertain to each retirement system are subject at any time or from time to time to such reasonable periodic, special, or other examinations by the department of retirement systems as the director of the department of retirement systems deems necessary or appropriate.
[ 1981 c 3 s 12.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Examination of accounts, files, and other records.


title: RCW 43.33A.130

text:
The state treasurer may cause any securities in which the state investment board deals to be registered in the name of a nominee without mention of any fiduciary relationship, except that adequate records shall be maintained to identify the actual owner of the security so registered. The securities so registered shall be held in the physical custody of the state treasurer, the federal reserve system, the designee of the state treasurer, or, at the election of the designee and upon approval of the state treasurer, the Depository Trust Company of New York City or its designees.
With respect to the securities, the nominee shall act only upon the order of the state investment board. All rights to the dividends, interest, and sale proceeds from the securities and all voting rights of the securities are vested in the actual owners of the securities, and not in the nominee.
[ 1999 c 228 s 1; 1981 c 3 s 13.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Securities—State treasurer may cause same to be registered in the name of the nominee.


title: RCW 43.33A.135

text:
The state investment board has the full power to establish investment policy, develop participant investment options, and manage investment funds for the college savings program, if the committee on advanced tuition payment and college savings selects the state investment board as the investment manager pursuant to RCW 28B.95.032, and for the state deferred compensation plan, consistent with the provisions of RCW 41.50.770 and 41.50.780. The board may continue to offer the investment options provided as of June 11, 1998, until the board establishes a deferred compensation plan investment policy and adopts new investment options after considering the recommendations of the department of retirement systems.
[ 2016 c 69 s 19; 2010 1st sp.s. c 7 s 36; 1998 c 116 s 13.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Investment policy—Investment options.


title: RCW 43.33A.140

text:
The state investment board shall invest and manage the assets entrusted to it with reasonable care, skill, prudence, and diligence under circumstances then prevailing which a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an activity of like character and purpose.
The board shall:
(1) Consider investments not in isolation, but in the context of the investment of the particular fund as a whole and as part of an overall investment strategy, which should incorporate risk and return objectives reasonably suited for that fund; and
(2) Diversify the investments of the particular fund unless, because of special circumstances, the board reasonably determines that the purposes of that fund are better served without diversifying. However, no corporate fixed-income issue or common stock holding may exceed three percent of the cost or six percent of the market value of the assets of that fund.
[ 1998 c 14 s 1; 1981 c 3 s 14.]
Notes:
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Investments—Standard of investment and management.


title: RCW 43.33A.150

text:
(1) The state investment board shall prepare written reports at least quarterly summarizing the investment activities of the state investment board, which reports shall be sent to the governor, the senate ways and means committee, the house appropriations committee, the department of retirement systems, and other agencies having a direct financial interest in the investment of funds by the board, and to other persons on written request. The state investment board shall provide information to the department of retirement systems necessary for the preparation of monthly reports.
(2) At least annually, the board shall report on the board's investment activities for the department of labor and industries' accident, medical aid, and reserve funds to the senate financial institutions and insurance committee, the senate economic development and labor committee, and the house commerce and labor committee, or appropriate successor committees.
(3) At least annually, the board shall report on the board's investment activities for the higher education permanent funds to the house capital budget committee and the senate ways and means committee.
[ 2007 c 215 s 4; 1989 c 179 s 2; 1981 c 3 s 15.]
Notes:
Reviser's note: Senate Joint Resolution No. 8223 was rejected by the voters at the November 2012 election. This section has been returned to the status existing before its amendment by 2012 c 231 s 2.
Finding—Intent—Contingent effective date—2007 c 215: See notes following RCW 39.42.070.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Reports of investment activities.


title: RCW 43.33A.160

text:
(1) The state investment board shall be funded from the earnings of the funds managed by the state investment board, proportional to the value of the assets of each fund, subject to legislative appropriation.
(2) There is established in the state treasury a state investment board expense account from which shall be paid the operating expenses of the state investment board. Prior to November 1 of each even-numbered year, the state investment board shall determine and certify to the state treasurer and the office of financial management the value of the various funds managed by the investment board in order to determine the proportional liability of the funds for the operating expenses of the state investment board. Pursuant to appropriation, the state treasurer is authorized to transfer such moneys from the various funds managed by the investment board to the state investment board expense account as are necessary to pay the operating expenses of the investment board.
[ 1991 sp.s. c 13 s 32; 1985 c 57 s 32; 1982 c 10 s 10. Prior: 1981 c 242 s 1; 1981 c 219 s 5; 1981 c 3 s 16.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—1981 c 242: See note following RCW 43.79.330.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.

catchline: Funding of board—State investment board expense account.


title: RCW 43.33A.170

text:
The state investment board is authorized to establish commingled trust funds in the state treasury for the implementation of specific investment programs for any combination of funds under its jurisdiction. At the discretion of the state investment board, the funds under the jurisdiction of the board may participate in the investments made by the board through state investment board commingled trust funds. The state investment board may establish accounts within any such commingled trust fund as necessary for the implementation of specific investment programs. The combining of moneys from funds located outside the state treasury with moneys from funds located within the state treasury for investment under this section shall not affect the nature, character, or purpose of a participating fund.
[ 1999 c 227 s 1; 1982 c 58 s 1.]

catchline: Commingled trust funds—Participation of funds in investments of board.


title: RCW 43.33A.180

text:
The state investment board shall account for and report on the investments authorized by this chapter in the manner prescribed by the office of financial management under chapter 43.88 RCW.
After approval of the director of financial management, all positions, reports, documents, and office equipment along with any appropriation necessary for carrying out the functions and duties transferred shall, on July 1, 1992, be transferred from the state treasurer's office to the state investment board. All employees assigned to such classified positions to be transferred, are assigned, without any loss of rights, to the state investment board.
[ 1992 c 232 s 905.]
Notes:
Severability—1992 c 232: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 232 s 911.]

catchline: Investment accounting—Transfer of functions and duties from state treasurer's office.


title: RCW 43.33A.190

text:
Pursuant to RCW 41.34.130 and 43.330.464, the state investment board shall invest all self-directed investment moneys under teachers' retirement system plan 3, the school employees' retirement system plan 3, ((and)) the public employees' retirement system plan 3, and the Washington achieving a better life experience program with full power to establish investment policy, develop investment options, and manage self-directed investment funds.
[ 2016 c 39 s 8; 2000 c 247 s 701; 1998 c 341 s 707; 1995 c 239 s 321.]
PDF
RCW 43.33A.190
Self-directed investment—Board's duties (as amended by 2016 c 69).
((Pursuant to RCW 41.34.130,))The state investment board shall invest all self-directed investment moneys under teachers' retirement system plan 3, the school employees' retirement system plan 3, and the public employees' retirement system plan 3 pursuant to RCW 41.34.130 and under the college savings program, if the committee on advanced tuition payment and college savings selects the state investment board as the investment manager pursuant to RCW 28B.95.032, with full power to establish investment policy, develop investment options, and manage self-directed investment funds.
[ 2016 c 69 s 20; 2000 c 247 s 701; 1998 c 341 s 707; 1995 c 239 s 321.]
Notes:
Reviser's note: RCW 43.33A.190 was amended twice during the 2016 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.

catchline: Self-directed investment—Board's duties (as amended by 2016 c 39).


title: RCW 43.33A.200

text:
(1) The board is authorized to create corporations under Title 23B RCW, limited liability companies under chapter 25.15 RCW, and limited partnerships under chapter 25.10 RCW, of which it may or may not be the general partner, for the purposes of transferring, acquiring, holding, overseeing, operating, or disposing of real estate or other investment assets that are not publicly traded on a daily basis or on an organized exchange. The liability of each entity created by the board is limited to the assets or properties of that entity. No creditor or other person has any right of action against the board, its members or employees, or the state of Washington on account of any debts, obligations, or liabilities of the entity. Entities created under this section may be authorized by the board to make any investment that the board may make, including but not limited to the acquisition of: Equity interests in operating companies, the indebtedness of operating companies, and real estate.
(2) Directors, officers, and other principals of entities created under this section must be board members, board staff, or principals or employees of an advisor or manager engaged by contract by the board or the entity to manage real estate or other investment assets of the entity. Directors of entities created under this section must be appointed by the board. Officers and other principals of entities created under this section are appointed by the directors.
(3) A public corporation, limited liability company, or limited partnership created under this section has the same immunity or exemption from taxation as that of the state. The entity shall pay an amount equal to the amounts that would be paid for taxes otherwise levied upon real property and personal property to the public official charged with the collection of such real property and personal property taxes as if the property were in private ownership. The proceeds of such payments must be allocated as though the property were in private ownership.
[ 1997 c 359 s 1.]

catchline: Creation of entities for investment purposes—Liability—Tax status.


title: RCW 43.33A.210

text:
Rent and other income from real estate or other investment assets that are not publicly traded on a daily basis or on an organized exchange that are acquired and being held for investment by the board or by an entity created under RCW 43.33A.200 by the board, and being managed by an external advisor or other property manager under contract, shall not be deemed income or state funds for the purposes of chapter 39.58 RCW and this title, until distributions are made to the board of such income from the advisor or manager. Bank and other accounts established by the advisor or property manager for the purpose of the management of such investment assets shall not be deemed accounts established by the state for the purpose of chapter 39.58 RCW and this title.
[ 1997 c 359 s 2.]

catchline: Assets not publicly traded—Treatment of rent and income—Management accounts—Application of this chapter and chapter 39.58 RCW.


title: RCW 43.34.010

text:
The governor or the governor's designee, the lieutenant governor, the secretary of state, and the commissioner of public lands, ex officio, shall constitute the state capitol committee.
[ 1997 c 279 s 1; 1979 ex.s. c 57 s 10; 1965 c 8 s 43.34.010. Prior: 1961 c 300 s 5; 1921 c 7 s 8; RRS s 10766.]

catchline: Composition of committee.


title: RCW 43.34.015

text:
The commissioner of public lands shall be the secretary of the state capitol committee, but the committee may appoint a suitable person as acting secretary thereof, and fix his or her compensation. However, all records of the committee shall be filed in the office of the commissioner of public lands.
[ 1997 c 279 s 2; 1965 c 8 s 43.34.015. Prior: 1959 c 257 s 45; 1909 c 69 s 1; RRS s 7897. Formerly RCW 79.24.080.]

catchline: Secretary of committee—Committee records.


title: RCW 43.34.040

text:
The state capitol committee may erect one or more permanent buildings; one or more temporary buildings; excavate or partially excavate for any such building or buildings; partially erect any such building or buildings; make other temporary or permanent improvements wholly or in part; upon the capitol grounds belonging to the state and known as the "Sylvester site" or "Capitol place" in Olympia, Washington.
[ 1965 c 8 s 43.34.040. Prior: 1933 ex.s. c 34 s 1; RRS s 7915-1.]

catchline: Buildings—Erection—Improvements.


title: RCW 43.34.080

text:
(1) The capitol campus design advisory committee is established as an advisory group to the capitol committee and the director of enterprise services to review programs, planning, design, and landscaping of state capitol facilities and grounds and to make recommendations that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design and maintenance of capitol facilities on campus and located in neighboring communities.
(2) The advisory committee shall consist of the following persons who shall be appointed by and serve at the pleasure of the director of enterprise services:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The director of enterprise services shall appoint the chair and vice chair and shall provide the staff and resources necessary for implementing this section. The advisory committee shall meet at least once every ninety days and at the call of the chair.
The members of the committee shall be reimbursed as provided in RCW 43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of state and two members of the house of representatives, one from each caucus, who shall be appointed by the speaker of the house of representatives, and two members of the senate, one from each caucus, who shall be appointed by the president of the senate.
(4) The advisory committee shall review plans and designs affecting state capitol facilities as they are developed. The advisory committee's review shall include:
(a) The process of solicitation and selection of appropriate professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and design concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities relative to the service needs of state government and the impact upon the local community's economy, environment, traffic patterns, and other factors;
(d) The relationship of overall state capitol facility planning to the respective comprehensive plans for long-range urban development of the cities of Olympia, Lacey, and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting proposals, street furniture, sculpture, monuments, and access to the capitol campus and buildings.
(5) For development of the property known as the 1063 block, the committee may review the proposal selected by the department of enterprise services but must not propose changes that will affect the scope, budget, or schedule of the project.
[ 2013 2nd sp.s. c 19 s 7015; 2011 1st sp.s. c 21 s 34; 1990 c 93 s 1.]
Notes:
Effective date—2013 2nd sp.s. c 19: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 1, 2013]." [ 2013 2nd sp.s. c 19 s 7044.]
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

catchline: Capitol campus design advisory committee—Generally.


title: RCW 43.34.090

text:
(1) The legislature shall approve names for new or existing buildings on the state capitol grounds based upon recommendations from the state capitol committee and the director of the department of enterprise services, with the advice of the capitol campus design advisory committee, subject to the following limitations:
(a) An existing building may be renamed only after a substantial renovation or a change in the predominant tenant agency headquartered in the building.
(b) A new or existing building may be named or renamed after:
(i) An individual who has played a significant role in Washington history;
(ii) The purpose of the building;
(iii) The single or predominant tenant agency headquartered in the building;
(iv) A significant place name or natural place in Washington;
(v) A Native American tribe located in Washington;
(vi) A group of people or type of person;
(vii) Any other appropriate person consistent with this section as recommended by the director of the department of enterprise services.
(c) The names on the facades of the state capitol group shall not be removed.
(2) The legislature shall approve names for new or existing public rooms or spaces on the west capitol campus based upon recommendations from the state capitol committee and the director of the department of enterprise services, with the advice of the capitol campus design advisory committee, subject to the following limitations:
(a) An existing room or space may be renamed only after a substantial renovation;
(b) A new or existing room or space may be named or renamed only after:
(i) An individual who has played a significant role in Washington history;
(ii) The purpose of the room or space;
(iii) A significant place name or natural place in Washington;
(iv) A Native American tribe located in Washington;
(v) A group of people or type of person;
(vi) Any other appropriate person consistent with this section as recommended by the director of the department of enterprise services.
(3) When naming or renaming buildings, rooms, and spaces under this section, consideration must be given to: (a) Any disparity that exists with respect to the gender of persons after whom buildings, rooms, and spaces are named on the state capitol grounds; (b) the diversity of human achievement; and (c) the diversity of the state's citizenry and history.
(4) For purposes of this section, "state capitol grounds" means buildings and land owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, the north capitol campus, the Tumwater campus, the Lacey campus, Sylvester Park, Centennial Park, the Old Capitol Building, and Capitol Lake.
[ 2015 c 225 s 74; 2002 c 164 s 1.]
Notes:

catchline: Building names.


title: RCW 43.34.100

text:
Any memorial established on capitol campus to commemorate the global war on terror must recognize service members who died in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation New Dawn, which are classified under the umbrella term global war on terror. Any such memorial must include a component designed to reflect on the great number of active duty service members and veterans who have died by suicide after serving in these wars. The design of such a memorial must serve to honor those who are lost and provide a sacred space for healing and reflection for veterans and military families.
[ 2022 c 191 s 12.]
Notes:
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.

catchline: Memorial to commemorate global war on terror.


title: RCW 43.34.105

text:
(1) The Washington state global war on terror memorial account is created in the custody of the state treasurer. The purpose of the account is to support the establishment and maintenance of the memorial. The secretary of state may solicit and accept moneys from gifts, grants, or endowments for this purpose. All receipts from federal funds, gifts, or grants from the private sector, foundations, or other sources must be deposited into the account. Expenditures from the account may be used only for the design, siting, permitting, construction, maintenance, dedication, or creation of educational materials related to placement of this memorial on the capital campus. Only the secretary of state, or the secretary of state's designee, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but appropriation is not required for expenditures.
(2) The secretary of state may adopt rules governing the receipt and use of these funds.
[ 2022 c 191 s 13.]
Notes:
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.

catchline: Washington state global war on terror memorial account.


title: RCW 43.34.110

text:
(1) Any cultural landscape feature established on the capitol campus to commemorate the geological and cultural diversity of eastern Washington must recognize the flora and fauna, rich agriculture and forestry, and history of eastern Washington. Any such cultural landscape feature must include floral components such as ponderosa pine trees, quaking aspen trees, and western larch trees, or other site-adapted species. The design of such a cultural landscape feature must serve to celebrate the unique beauty of eastern Washington, its unparalleled agricultural significance to the state and world, and the deep history of these lands. The cultural landscape feature will also serve as a place of enjoyment and familiarity for those who call eastern Washington home.
(2) The capitol committee, or any subcommittee within, must consult with the department of enterprise services and the department of natural resources in its planning, planting, and placement of any floral components to be used as part of the eastern Washington cultural landscape feature.
[ 2023 c 302 s 1.]

catchline: Eastern Washington cultural landscape feature.


title: RCW 43.34.115

text:
(1) The Washington state eastern Washington cultural landscape feature account is created in the custody of the state treasurer. The purpose of the account is to support the establishment and maintenance of the cultural landscape feature. The department of enterprise services may solicit and accept moneys from gifts, grants, or endowments for this purpose. All receipts from federal funds, gifts, or grants from the private sector, foundations, or other sources must be deposited into the account. Expenditures from the account may be used only for the design, siting, permitting, construction, maintenance, dedication, or creation of educational materials related to placement of this cultural landscape feature on the capitol campus. Only the department of enterprise services, or the department of enterprise services' designee, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but appropriation is not required for expenditures.
(2) The department of enterprise services may adopt rules governing the receipt and use of funds in the account.
[ 2023 c 302 s 2.]

catchline: Eastern Washington cultural landscape feature account.


title: RCW 43.34.120

text:
(1) A memorial is established on the capitol campus to honor firefighters who have died in the line of duty. The design and construction of such a memorial must follow the major works requirements administered by the department of enterprise services.
(2) The state capitol committee, or any subcommittee thereof, must work with the department of natural resources and statewide organizations representing firefighters in its role reviewing the building of the fallen firefighter memorial.
[ 2024 c 65 s 2.]
Notes:
Intent—2024 c 65: "The legislature intends to establish a fallen firefighter memorial on the capitol campus grounds to recognize the sacrifice of firefighters who have died in the line of duty giving unselfish service to their communities and the state." [ 2024 c 65 s 1.]

catchline: Fallen firefighter memorial.


title: RCW 43.34.125

text:
(1)(a) The fallen firefighter memorial account is created in the custody of the state treasurer. All receipts directed to the account from federal funds, gifts, or grants from private or public sectors, foundations, or other sources must be deposited into the account. Expenditures from the account may be used only for the design, siting, permitting, construction, maintenance, dedication, continuation, or creation of educational materials related to the placement of this memorial on the capitol campus. Only the department of natural resources, with the recommendation from the Washington state firefighter memorial foundation, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(b) The purpose of the account is to support the establishment and maintenance of the fallen firefighter memorial. The commissioner of public lands and department of natural resources may solicit and accept moneys from gifts, grants, or endowments for this purpose.
(2) The department of natural resources is authorized to partner with the department of enterprise services, under RCW 43.19.125, for the design, establishment, and maintenance of this new memorial consistent with the major works requirements for projects on capitol campus. The partnership must work with nonprofit groups or foundations, or another state agency, if needed, to ensure the memorial is utilized by the public and the firefighter community to recognize, remember, and honor the sacrifice of firefighters who have died in the line of duty.
(a) The department of enterprise services must provide and fund routine maintenance of the fallen firefighter memorial once the memorial is completed. Routine maintenance includes basic cleaning of the memorial, ensuring the lights are functional, detailing the landscape surrounding the memorial, picking up trash around the memorial, and removing graffiti that does not require specialized techniques.
(b) The department of natural resources, and any foundation or nonprofit it contracts with, must provide any nonroutine maintenance of the memorial, including engraving of new names on the memorial, and must follow any guidance and process for any nonroutine maintenance as established by the department of enterprise services.
(3) The department of natural resources may adopt rules governing the receipt and use of funds in the account.
[ 2024 c 65 s 3.]
Notes:
Intent—2024 c 65: See note following RCW 43.34.120.

catchline: Fallen firefighter memorial account.


title: RCW 43.340.005

text:
The legislature declares it to be the public policy of the state and a recognized governmental function to assist in securitizing the revenue stream from the master settlement agreement between the state and tobacco product manufacturers in order to provide a current and reliable source of revenue for the state. The purpose of this chapter is to establish a tobacco settlement authority having the power to purchase certain rights of the state under the master settlement agreement and to issue nonrecourse revenue bonds to pay outstanding obligations of the state in order to make funds available for increased costs of health care, long-term care, and other programs of the state. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.
[ 2002 c 365 s 1.]

catchline: Purpose—Construction.


title: RCW 43.340.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the tobacco settlement authority created in this chapter.
(2) "Board" means the governing board of the authority.
(3) "Bonds" means bonds, notes, and other obligations and financing arrangements issued or entered into by the authority under this chapter.
(4) "Master settlement agreement" means the national master settlement agreement and related documents entered into on November 23, 1998, by the state and the four principal United States tobacco product manufacturers, as amended and supplemented, for the settlement of litigation brought by the state against the tobacco product manufacturers.
(5) "Sales agreement" means any agreement authorized under this chapter in which the state provides for the sale to the authority of a portion of the payments required to be made by tobacco product manufacturers to the state and the state's rights to receive such payments, pursuant to the master settlement agreement.
[ 2002 c 365 s 2.]

catchline: Definitions.


title: RCW 43.340.020

text:
(1) The tobacco settlement authority is created and constitutes a public instrumentality and agency of the state, separate and distinct from the state, exercising public and essential governmental functions. The authority is a public body within the meaning of RCW 39.53.010.
(2) The powers of the authority are vested in and shall be exercised by a board consisting of five directors appointed by the governor, one of whom shall be appointed by the governor as chair of the authority and who shall serve on the authority and as chair of the authority at the pleasure of the governor. The governor shall make the initial appointments no later than thirty days after April 4, 2002. The term of the directors, other than the chair, shall be four years from the date of their appointment, except that the terms of two of the initial appointees, as determined by the governor, shall be for two years from the date of their appointment. A director may be removed by the governor for cause under RCW 43.06.070 and 43.06.080. The governor shall fill any vacancy on the board by appointment for the remainder of the unexpired term. The members of the authority shall be compensated in accordance with RCW 43.03.240 and may be reimbursed, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter, subject to RCW 43.03.050 and 43.03.060.
(3) Three members of the board constitute a quorum.
(4) The members shall elect a treasurer and secretary annually, and other officers as the members determine necessary.
(5) Meetings of the board shall be held in accordance with the open public meetings act, chapter 42.30 RCW, and at the call of the chair or when a majority of the members so requests. Meetings of the board may be held at any location within or out of the state, and members of the board may participate in a meeting of the board by means of a conference telephone or similar communication equipment under RCW 23B.08.200.
(6) The staff of the state housing finance commission under chapter 43.180 RCW shall provide administrative and staff support to the authority and shall be compensated for its services solely from the funds of the authority.
[ 2002 c 365 s 3.]

catchline: Tobacco settlement authority—Governing board—Meetings—Staff support.


title: RCW 43.340.030

text:
(1) The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers. In addition to other powers specified in this chapter, the authority may:
(a) Sue and be sued in its own name;
(b) Make and execute agreements, contracts, and other instruments, with any public or private person, in accordance with this chapter;
(c) Employ, contract with, or engage independent counsel, bond counsel, other attorneys, financial advisors, investment bankers, auditors, other technical or professional assistants, and such other personnel as are necessary and recommended by the state housing finance commission staff;
(d) Invest or deposit moneys of the authority in any manner determined by the authority and enter into hedge agreements, swap agreements, or other financial products, including payment agreements defined under RCW 39.96.020(5). The authority is not a governmental entity for purposes of chapter 39.96 RCW;
(e) Establish such special funds, and controls on deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;
(f) Procure insurance, other credit enhancements, and other financing arrangements for its bonds to fulfill its purposes under this chapter, including but not limited to municipal bond insurance and letters of credit;
(g) Accept appropriations, gifts, grants, loans, or other aid from public or private entities;
(h) Adopt rules, consistent with this chapter, as the board determines necessary;
(i) Delegate any of its powers and duties if consistent with the purposes of this chapter; and
(j) Exercise any other power reasonably required to implement the purposes of this chapter.
(2) The authority does not have the power of eminent domain and does not have the power to levy taxes of any kind.
[ 2002 c 365 s 6.]

catchline: Tobacco settlement authority—Powers—Rule-making authority.


title: RCW 43.340.040

text:
In addition to other powers and duties prescribed in this chapter, the authority is empowered to:
(1) Establish a stable source of revenue to be used for the purposes designated in this chapter;
(2) Enter into sales agreements with the state for purchase of a portion of the amounts otherwise due to the state under the master settlement agreement, and of the state's rights to receive such amounts;
(3) Issue bonds, the interest and gain on which may or may not be exempt from general federal income taxation, in one or more series, and to refund or refinance its debt and obligations;
(4) Sell, pledge, or assign, as security, all or a portion of the revenues derived by the authority under any sales agreement, to provide for and secure the issuance of its bonds;
(5) Provide for the investment of any funds, including funds held in reserve, not required for immediate disbursement, and provide for the selection of investments;
(6) Manage its funds, obligations, and investments as necessary and as consistent with its purpose; and
(7) Implement the purposes of this chapter.
[ 2002 c 365 s 5.]

catchline: Financing powers.


title: RCW 43.340.050

text:
(1) The authority may issue its bonds in principal amounts which, in the opinion of the authority, are necessary to provide sufficient funds for achievement of its purposes, the payment of debt service on its bonds, the establishment of reserves to secure the bonds, the costs of issuance of its bonds and credit enhancements, if any, and all other expenditures of the authority incident to and necessary to carry out its purposes or powers. The authority may also issue refunding bonds, including advance refunding bonds, for the purpose of refunding previously issued bonds, and may issue other types of bonds, debt obligations, and financing arrangements necessary to fulfill its purposes or the purposes of this chapter. The bonds are investment securities and negotiable instruments within the meaning of and for the purposes of the uniform commercial code.
(2) The authority's bonds shall bear such date or dates, mature at such time or times, be in such denominations, be in such form, be registered or registrable in such manner, be made transferable, exchangeable, and interchangeable, be payable in such medium of payment, at such place or places, be subject to such terms of redemption, bear such fixed or variable rate or rates of interest, be taxable or tax exempt, be payable at such time or times, and be sold in such manner and at such price or prices, as the authority determines. The bonds shall be executed by one or more officers of the authority, and by the trustee or paying agent if the authority determines to use a trustee or paying agent for the bonds. Execution of the bonds may be by manual or facsimile signature, provided that at least one signature on the bond is manual.
(3) The bonds of the authority shall be subject to such terms, conditions, covenants, and protective provisions as are found necessary or desirable by the authority, including, but not limited to, pledges of the authority's assets, setting aside of reserves, and other provisions the authority finds are necessary or desirable for the security of bondholders.
(4) Any revenue pledged by the authority to be received under the sales agreement or in special funds created by the authority shall be valid and binding at the time the pledge is made. Receipts so pledged and then or thereafter received by the authority and any securities in which such receipts may be invested shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the authority, whether such parties have notice of the lien. Notwithstanding any other provision to the contrary, the resolution or indenture of the authority or any other instrument by which a pledge is created need not be recorded or filed pursuant to chapter 62A.9A RCW to perfect such pledge. The authority shall constitute a governmental unit within the meaning of RCW 62A.9A-102.
(5) When issuing bonds, the authority may provide for the future issuance of additional bonds or parity debt on a parity with outstanding bonds, and the terms and conditions of their issuance. The authority may issue refunding bonds in accordance with chapter 39.53 RCW or issue bonds with a subordinate lien against the fund or funds securing outstanding bonds.
(6) The board and any person executing the bonds are not liable personally on the indebtedness or subject to any personal liability or accountability by reason of the issuance thereof.
(7) The authority may, out of any fund available therefor, purchase its bonds in the open market.
[ 2011 c 74 s 702; 2002 c 365 s 8.]
Notes:
Application—Effective date—2011 c 74: See notes following RCW 62A.9A-102.

catchline: Bonds.


title: RCW 43.340.060

text:
(1) Bonds issued under this chapter shall be issued in the name of the authority. The bonds shall not be obligations of the state of Washington and shall be obligations only of the authority, payable solely from the special fund or funds created by the authority for their payment.
(2) Bonds issued under this chapter shall contain a recital on their face to the effect that payment of the principal of, interest on, and prepayment premium, if any, on the bonds shall be a valid claim only as against the special fund or funds relating thereto, that neither the faith and credit nor the taxing power of the state or any municipal corporation, subdivision, or agency of the state, other than the authority as set forth in this chapter, is pledged to the payment of the principal of, interest on, and prepayment premium, if any, on the bonds.
(3) Contracts entered into by the authority shall be entered into in the name of the authority and not in the name of the state of Washington. The obligations of the authority under the contracts shall be obligations only of the authority and are not in any way obligations of the state of Washington.
[ 2002 c 365 s 4.]

catchline: Bonds—Obligations of authority—Not obligations of state.


title: RCW 43.340.070

text:
Bonds issued under this chapter are hereby made securities in which all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in obligations of the state may properly and legally invest funds, including capital in their control or belonging to them.
[ 2002 c 365 s 9.]

catchline: Bonds—Legal investments.


title: RCW 43.340.080

text:
(1) The governor is authorized to sell and assign to the authority all of the state's right to receive a portion of the state's annual share of the revenue derived from the master settlement agreement for litigation brought by the state against tobacco product manufacturers. The portion of the state's share sold and assigned shall be determined by the governor in an amount necessary to generate net proceeds to the state for deposit to the tobacco securitization trust account under *RCW 43.340.120 up to four hundred fifty million dollars. The attorney general shall assist the governor in the review of all necessary documentation to effect the sale. The governor and the authority are authorized to take any action necessary to facilitate and complete the sale.
(2) The sale made under this section is irrevocable so long as bonds issued under this chapter remain outstanding. The portion of the revenue sold to the authority shall be pledged to the bondholders. The sale and assignment shall constitute and be treated as a true sale and absolute transfer of the revenue so transferred and not as a pledge or other security interest granted by the state for any borrowing. The characterization of such a sale as an absolute transfer shall not be negated or adversely affected by the fact that only a portion of the revenue from the master settlement agreement is being sold and assigned, or by the state's acquisition or retention of an ownership interest in the portion of the revenue from the master settlement agreement not so assigned.
(3) In addition to such other terms, provisions, and conditions as the governor and the authority may determine appropriate for inclusion in the sale agreements, the sale agreements shall contain (a) a covenant of the state that the state will not agree to any amendment of the master settlement agreement that materially and adversely affects the authority's ability to receive the portion of the state's share of master settlement agreement payments that have been sold to the authority; (b) a requirement that the state enforce, at its own expense, the provisions of the master settlement agreement that require the payment of the portion of the state's share of master settlement agreement payments that have been sold to the authority; and (c) a covenant that the state shall take no action that would adversely affect the tax-exempt status of any tax exempt bonds of the authority.
(4) On or after the effective date of the sale, the state shall not have any right, title, or interest in the portion of the state's share of the master settlement agreement revenue sold and such portion shall be the property of the authority and not the state, and shall be owned, received, held, and disbursed by the authority or its trustee or assignee, and not the state.
(5) The terms of the state's sale to the authority of a portion of the master settlement agreement revenue shall provide that the portion shall be paid directly to the authority or its trustee or assignee. The revenue sold and assigned shall not be received in the treasury of the state and shall not be or deemed to be general state revenues as that term is used in Article VIII, section 1 of the state Constitution.
[ 2002 c 365 s 7.]
Notes:
*Reviser's note: RCW 43.340.120 was repealed by 2012 c 198 s 26.

catchline: Sale of rights in master settlement agreement.


title: RCW 43.340.090

text:
Members of the board and persons acting in the authority's behalf, while acting within the scope of their employment or agency, are not subject to personal liability resulting from carrying out the powers and duties conferred on them under this chapter.
[ 2002 c 365 s 10.]

catchline: Limitation of liability.


title: RCW 43.340.100

text:
Prior to the date that is three hundred sixty-six days after which the authority no longer has any bonds outstanding, the authority is prohibited from filing a voluntary petition under chapter 9 of the federal bankruptcy code or such corresponding chapter or section as may, from time to time, be in effect, and a public official or organization, entity, or other person shall not authorize the authority to be or become a debtor under chapter 9 or any successor or corresponding chapter or sections during such periods. This section shall be part of any contractual obligation owed to the holders of bonds issued under this chapter. Any such contractual obligation shall not subsequently be modified by state law during the period of the contractual obligation.
[ 2002 c 365 s 11.]

catchline: Bankruptcy—Contractual obligation to contain section.


title: RCW 43.340.110

text:
The authority shall dissolve no later than two years from the date of final payment of all of its outstanding bonds and the satisfaction of all outstanding obligations of the authority, except to the extent necessary to remain in existence to fulfill any outstanding covenants or provisions with bondholders or third parties made in accordance with this chapter. Upon dissolution of the authority, all assets of the authority shall be returned to the state and shall be deposited in the state general fund, and the authority shall execute any necessary assignments or instruments, including any assignment of any right, title, or ownership to the state for receipt of payments under the master settlement agreement.
[ 2002 c 365 s 12.]

catchline: Dissolution of authority.


title: RCW 43.340.130

text:
(1) Except as provided in subsection (2) of this section, in order to secure and protect the moneys to be received as a result of the master settlement agreement in civil litigation under any legal theory involving a signatory, a successor of a signatory, or any affiliate of a signatory to the master settlement agreement, the supersedeas bond to be furnished in order to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total bond that is required of all appellants collectively shall not exceed one hundred million dollars, regardless of the value of the judgment.
(2) If an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid the payment of a judgment, a court may require the appellant to post a bond in an amount up to the amount of the judgment.
[ 2006 c 246 s 2.]
Notes:
Findings—Intent—2006 c 246: "(1) The legislature finds that:
(a) Over the past five years, Washington has received more than seven hundred million dollars from the tobacco master settlement agreement;
(b) While the state has securitized a portion of the moneys it was promised under the master settlement agreement, the remainder of the master settlement agreement payments is used to fund important health programs such as the state's basic health plan, children's health insurance, childhood vaccines, and public health;
(c) Litigation now pending in the state or filed in the future could result in damage awards against master settlement agreement signatories or their successors or affiliates that are so large that the defendants could obtain a stay of the execution of the judgment while they appeal only by declaring bankruptcy, rather than posting an appeal bond under state law;
(d) Should a master settlement agreement signatory declare bankruptcy, issues might be raised about whether that disrupts or jeopardizes the payments that fund important state programs;
(e) The legislature has the substantive obligation to raise revenue and to protect the financial well-being of the state and its citizens. Pursuant to that obligation, it is the legislature's responsibility to ensure the continued receipt of master settlement agreement funds to the maximum extent possible.
(2) Therefore, the legislature intends to place a maximum limit on the appeal bond a master settlement agreement signatory or a successor or affiliate of a master settlement agreement signatory can be required to post in litigation in order to stay execution of the judgment without being forced into bankruptcy while it exercises its right to appeal an adverse judgment." [ 2006 c 246 s 1.]
Application—2006 c 246: "This act applies to all actions pending on or filed on or after June 7, 2006." [ 2006 c 246 s 3.]

catchline: Appeals bonds—Amounts.


title: RCW 43.340.902

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2002].
[ 2002 c 365 s 19.]

catchline: Effective date—2002 c 365.


title: RCW 43.348.005

text:
(1) The legislature finds the following:
(a) Washington has an existing infrastructure of world-class cancer research and care centers for children and adults that can develop and apply new techniques for the prevention of cancer and care of cancer patients throughout Washington;
(b) Sustained investment in cancer research, prevention, and care is critical to reducing long-term health costs, saving lives, and relieving pain and suffering;
(c) Promoting the health of state residents is a fundamental public purpose and governmental function. Action to promote cancer research and prevention to improve the quality of life of the people of Washington is consistent with this fundamental public purpose; and
(d) Additional public resources dedicated exclusively to cancer research will provide sustained investment in cancer research to the benefit of the people of Washington.
(2) It is the intent of the legislature in enacting chapter 34, Laws of 2015 3rd sp. sess. to:
(a) Optimize the use of public funds by giving priority to research utilizing the best science and technology with the greatest potential to improve health outcomes;
(b) Increase the value of our public investments by leveraging our state's existing cancer research facilities and talent, as well as clinical and therapeutic resources;
(c) Incentivize additional investment by requiring private or other nonstate resources to match public funds;
(d) Protect and benefit Washington taxpayers by funding proposals for cancer research that are reviewed by an independent scientific panel;
(e) Require fiscal and public accountability through independent audits, open public meetings and hearings, and annual reports to the public; and
(f) Create jobs and encourage investments that will generate new tax revenues in our state, and advance the biotech, medical device, and health care information technology industries in Washington.
[ 2015 3rd sp.s. c 34 s 1.]

catchline: Findings—Intent.


title: RCW 43.348.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the governing board of the endowment.
(2) "Cancer" means a group of diseases involving unregulated cell growth.
(3) "Cancer patient advocacy organizations" means groups with offices in the state that promote cancer prevention and advocate on behalf of cancer patients.
(4) "Cancer research" means advanced and applied research and development relating to the causes, prevention, and diagnosis of cancer and care of cancer patients including the development of tests, genetic analysis, medications, processes, services, and technologies to optimize cancer therapies and their manufacture and commercialization and includes the costs of recruiting scientists and establishing and equipping research facilities.
(5) "Clinical trial" means cancer clinical trial.
(6) "Commercial entity" means a for-profit entity located in the state that develops, manufactures, or sells goods or services relating to cancer prevention or care.
(7) "Committee" means an independent expert scientific review and advisory committee established under RCW 43.348.050.
(8) "Contribution agreement" means any agreement authorized under this chapter in which a private entity or a public entity other than the state agrees to provide to the endowment contributions for the purpose of cancer research, prevention, or care.
(9) "Costs" means the costs and expenses associated with the conduct of research, prevention, and care including, but not limited to, the cost of recruiting and compensating personnel, securing and financing facilities and equipment, and conducting clinical trials.
(10) "Department" means the department of commerce.
(11) "Endowment" means the Andy Hill cancer research endowment.
(12) "Fund" means the Andy Hill cancer research fund created in RCW 43.348.060(1)(b).
(13) "Health care delivery system" means hospitals and clinics providing care to patients in the state.
(14) "Life sciences research" means advanced and applied research and development intended to improve human health, including scientific study of the developing brain and human learning and development, and other areas of scientific research and development vital to the state's economy.
(15) "Prevention" means measures to prevent the development and progression of cancer, including education, vaccinations, and screening processes and technologies, and to reduce the risk of cancer.
(16) "Program" means the Andy Hill cancer research endowment program created in RCW 43.348.040.
(17) "Program administrator" means one or more private nonprofit corporations registered under Title 24 RCW qualified as a tax-exempt entity under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
[ 2025 c 199 s 1. Prior: 2018 c 4 s 1; 2015 3rd sp.s. c 34 s 2.]
Notes:


title: RCW 43.348.020

text:
(1) The Andy Hill cancer research endowment is created. The powers of the endowment are vested in and must be exercised by a board. The board consists of thirteen members appointed by the governor:
(a) Two members must be appointed from nominations submitted by the presidents of the University of Washington and Washington State University;
(b) Two members must be appointed from nominations submitted by the Fred Hutchinson cancer center and the Seattle children's research institute;
(c) Two members must be appointed from nominations submitted by patient advocacy organizations;
(d) Two members must be appointed from nominations submitted by representatives of businesses or industries engaged in the commercialization of life sciences research or cancer research;
(e) One member must be appointed from a list of at least three nominated by the speaker of the house of representatives;
(f) One member must be appointed from a list of at least three nominated by the president of the senate;
(g) One member must be appointed from nominations submitted by entities or systems that provide health care delivery services;
(h) One member must be appointed from nominations provided by private sector donors to the fund. However, the governor may reject all nominations and request a new list from which the governor must select the member; and
(i) The remaining member must be a member of the public.
(2) In soliciting nominations and appointing members, the governor must seek to identify individuals from throughout the state having relevant knowledge, experience, and expertise with regard to (a) cancer research, prevention, and care; (b) health care consumer issues; (c) government finance and budget; and (d) the commercialization of life sciences or cancer research. In soliciting nominations and appointing members, the governor must seek individuals who will contribute to the geographic diversity of the board, with the goal that at least five board members be from counties with a population less than one million persons. Appointments must be made on or before July 1, 2016.
(3) The term of a member is four years from the date of their appointment except the initial term of the members in subsection (1)(d) through (i) of this section must be two years to create a staggered appointment process. A member may be appointed to not more than two full consecutive terms. A member appointed by the governor may be removed by the governor for cause under RCW 43.06.070 and 43.06.080. The members may not be compensated but may be reimbursed, solely from the fund, for expenses incurred in the discharge of their duties under this chapter.
(4) Seven members of the board constitute a quorum.
(5) The members must elect a chair, treasurer, and secretary annually, and other officers as the members determine necessary, and may adopt bylaws or rules for their own government.
(6) Meetings of the board must be held in accordance with the open public meetings act, chapter 42.30 RCW, and at the call of the chair or when a majority of the members so requests. Meetings of the board may be held at any location within or out of the state, and members may participate in a meeting of the board by means of a conference telephone or similar communication equipment under RCW 23B.08.200.
(7) The board must be staffed by one or more program administrators selected by and under contract with the board. The board may cause one or more tax-exempt nonprofit corporations to be created, organized, and operated exclusively to perform some or all of the program administrator duties. The board may select and contract directly with any program administrator. The program administrator must be paid an administrative fee as determined by the board and paid mutually agreed-upon operating costs which may vary depending on the endowment's activities.
[ 2025 c 199 s 2; 2018 c 4 s 2; 2015 3rd sp.s. c 34 s 3.]

catchline: Andy Hill cancer research endowment.


title: RCW 43.348.030

text:
The endowment has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers. In addition to other powers specified in this chapter, the endowment may:
(1) Sue and be sued in its own name;
(2) Make and execute agreements, contracts, and other instruments, with any public or private person or entity, including commercial entities, in accordance with this chapter;
(3) Employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or desirable to implement this chapter;
(4) Exercise any other power reasonably required to implement the purposes of this chapter; and
(5) Delegate any of its powers and duties if consistent with the purposes of this chapter.
[ 2018 c 4 s 3; 2015 3rd sp.s. c 34 s 4.]

catchline: Endowment—General powers.


title: RCW 43.348.040

text:
(1) The Andy Hill cancer research endowment program is created. The purpose of the program is to make grants to public and private entities, including commercial entities, to fund or reimburse the entities pursuant to agreement for the promotion of cancer research to be conducted in the state. The endowment is to oversee and guide the program, including the solicitation, selection, and award of grants.
(2) The board must develop a plan for the allocation of projected amounts in the fund, which it must update annually, following at least one annual public hearing. The plan must provide for appropriate funding continuity and take into account the projected speed at which revenues will be available and amounts that can be spent during the plan period.
(3) The endowment must solicit requests for grant funding and evaluate the requests by reference to factors such as: (a) The quality of the proposed research or program; (b) its potential to improve health outcomes of persons with cancer, with particular attention to the likelihood that it will also lower health care costs, substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular cancer or cancer-related condition or disease; (c) its potential for leveraging additional funding; (d) its potential to provide additional health care benefits or benefit other human diseases or conditions; (e) its potential to stimulate life science, health care, and biomedical employment in the state; (f) the geographic diversity of the grantees within Washington; (g) evidence of potential royalty, sales, or licensing revenue, or other commercialization-related revenue and contractual means to recapture such income for purposes of this chapter; (h) evidence of public and private collaboration; (i) the ability to offer trial participants information in a language other than English; (j) the ability to provide culturally specific recruitment materials alongside general enrollment materials; (k) the ability to provide electronic consent when not prohibited by other granting entities or federal regulations; and (l) other evidence of outreach and engagement to increase participation of underrepresented communities in clinical trials of drugs and medical devices.
(4) The endowment may not award a grant for a proposal that was not recommended by an independent expert scientific review and advisory committee under RCW 43.348.050.
(5) The endowment must issue an annual report to the public that sets forth its activities with respect to the fund, including grants awarded, grant-funded work in progress, research accomplishments, prevention, and care activities, and future program directions with respect to cancer research, prevention, and care. Each annual report regarding activities of the program and fund must include, but not be limited to, the following: The number and dollar amounts of grants; the grantees for the prior year; the endowment's administrative expenses; an assessment of the availability of funding for cancer research, prevention, and care from sources other than the endowment; a summary of research, prevention, and care-related findings, including promising new areas for investment; and a report on the benefits to Washington of its programs to date.
(6) The endowment's first annual report must include a proposed operating plan for the design, implementation, and administration of an endowment program supporting the purposes of the endowment and program.
(7) The endowment must adopt policies to ensure that all potential conflicts have been disclosed and that all conflicts have been eliminated or mitigated.
(8) The endowment must establish standards to ensure that recipients of grants for cancer research, prevention, or care purchase goods and services from Washington suppliers to the extent reasonably possible.
(9) Soliciting requests for grant funding, evaluating, and awarding grants for the purposes of implementing RCW 43.348.090 are not subject to the requirements of subsections (3) and (4) of this section and RCW 43.348.050.
[ 2025 c 199 s 3; 2023 c 426 s 5; 2018 c 4 s 4; 2015 3rd sp.s. c 34 s 5.]

catchline: Andy Hill cancer research endowment program.


title: RCW 43.348.050

text:
(1) In addition to any advisory boards the endowment determines to establish, the endowment must establish one or more independent expert scientific review and advisory committees for the purposes of evaluating grant proposals for cancer research and recommending grants to be made from the Andy Hill cancer research fund; advising the endowment during the development and review of its strategic plans for cancer research; and advising the endowment on scientific and other matters in furtherance of the cancer research purposes of this chapter.
(2) Each independent expert scientific review and advisory committee must consist of individuals with nationally recognized expertise in the scientific, clinical, ethical, commercial, and regulatory aspects of cancer research, prevention, and care. The board must appoint the members of the committee. Preliminary review of grant proposals may be made by a panel of such committee or an independent contractor chosen by the board upon recommendation of the committee, but all recommendations for grants to be made from the fund may be made only upon majority vote of the committee.
[ 2018 c 4 s 5; 2015 3rd sp.s. c 34 s 6.]

catchline: Independent expert scientific review and advisory committee—Created—Grant proposal evaluations and recommendations.


title: RCW 43.348.060

text:
(1) The program administrator must provide services to the board and has the following duties and responsibilities:
(a) Jointly with the board, solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities, including commercial entities, in order to use those moneys to fund grants awarded by the endowment;
(b) Establish an Andy Hill cancer research fund. The fund must be a separate private account outside the state treasury into which grants and contributions received from public and private sources as well as funds from the match transfer account must be deposited, and from which funds for grants awarded by the endowment must be disbursed. The moneys in the fund are not considered state money, common cash, or revenue to the state;
(c) Manage the fund, its obligations, and investments as to achieve the maximum possible rate of return on investment in the fund;
(d) Establish policies and procedures to facilitate the orderly process of grant application, review, selection, and notification; and
(e) Distribute funds to selected entities through grant agreements. Grant agreements must set forth the terms and conditions of the grant and must include, but not be limited to: (i) Deliverables to be provided by the recipient pursuant to the grant; (ii) the circumstances under which the grant amount would be required to be repaid or the circumstances under which royalty, sales, or licensing revenue, or other commercialization-related revenue would be required to be shared; and (iii) indemnification, dispute resolution, and any other terms and conditions as are customary for grant agreements or are deemed reasonable by the board. The program administrator may negotiate with any grantee the costs associated with performing scientific activities funded by grants.
(2) Periodically, but not less often than every three years, the endowment and the department must conduct a request for proposals and retain the services of an independent auditor with experience in performance auditing of research granting entities similar to the endowment. The independent auditor must review the endowment's strategic plan, program, and program administrator and publish a report assessing their performance and providing recommendations for improvement. The endowment must hold at least one public hearing at which the results of each audit are presented and discussed.
[ 2025 c 199 s 4; 2018 c 4 s 6; 2015 3rd sp.s. c 34 s 7.]

catchline: Program administrator—Andy Hill cancer research fund—Independent auditor.


title: RCW 43.348.070

text:
The program administrator may create additional legal entities and take such action as may be necessary or advisable to enable the fund to accept charitable contributions. In addition, the program administrator may provide technical assistance, information, and training to private employers and other potential donors to establish programs that facilitate charitable contributions to the fund including tobacco use premium surcharge programs.
[ 2018 c 4 s 7; 2015 3rd sp.s. c 34 s 8.]

catchline: Charitable contributions.


title: RCW 43.348.080

text:
(1) The Andy Hill cancer research endowment fund match transfer account is created in the custody of the state treasury to be used solely and exclusively for the program created in RCW 43.348.040. Moneys in the account may be spent only after appropriation. The purpose of the account is to provide state matching funds and other state appropriations for the fund and administrative costs. Expenditures to fund or reimburse the program administrator are not subject to the requirements of subsection (5) of this section.
(2) The legislature must appropriate a state match, up to a maximum of ten million dollars annually, beginning July 1, 2016, and each July 1st following the end of the fiscal year from tax collections and penalties generated from enforcement of state taxes on cigarettes and other tobacco products by the state liquor and cannabis board or other federal, state or local law or tax enforcement agency, as determined by the department of revenue. Tax collections include any cigarette tax, other tobacco product tax, and retail sales and use tax. Any amounts deposited into this account from the tax imposed under RCW 82.25.010 in excess of the cap provided in this subsection must be deposited into the foundational public health services account created in RCW 82.25.015.
(3) Revenues to the account must consist of deposits into the account, taxes imposed on vapor products under RCW 82.25.010, legislative appropriations, and any gifts, grants, or donations received by the department for this purpose.
(4) Each fiscal biennium, the legislature must appropriate to the department of commerce such amounts as estimated to be the balance of the match transfer account to provide state matching funds.
(5) Expenditures from the account may be made only upon receipt of proof from the program administrator of committed nonstate or private contributions for cancer research, prevention, or care supported by the match transfer account or advancement of the program. Expenditures from the match transfer account, in the form of matching funds, may not exceed the total amount of committed nonstate or private contributions.
(6) The department and board must enter into an appropriate agreement with the program administrator to demonstrate exchange of consideration for the expenditures from the match transfer account that are subject to subsection (5) of this section.
(7) Moneys expended into the account in fiscal year 2023 pursuant to section 706, chapter 297, Laws of 2022 are not subject to the requirements of subsections (5) and (6) of this section.
(8) Moneys expended into the match transfer account for the purposes of implementing RCW 43.348.090 are not subject to the requirements of subsections (5) and (6) of this section.
[ 2025 c 199 s 5; 2022 c 297 s 961; 2019 c 445 s 403; 2018 c 4 s 8; 2015 3rd sp.s. c 34 s 9.]
Notes:
Effective date—2022 c 297: See note following RCW 43.79.565.
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.

catchline: Andy Hill cancer research endowment fund match transfer account.


title: RCW 43.348.090

text:
(1) Beginning January 1, 2024, the University of Washington and Washington State University may partner with the Andy Hill cancer research endowment, the department of health, community-based organizations, and other entities to increase the participation of persons who are members of underrepresented demographic groups in clinical trials for drugs or medical devices. If an investigator at the University of Washington or Washington State University is conducting or planning to conduct a clinical trial on a drug or medical device and the university determines that the trial would benefit from specific community outreach and engagement to increase participation of an underrepresented community in the clinical trial, the University of Washington or Washington State University may:
(a) Request the assistance of the department of health and the Andy Hill cancer research endowment to create an outreach plan and coordinate with community-based organizations to provide outreach and engagement; and
(b) Provide the Andy Hill cancer research endowment and the department of health with the following information:
(i) A summary of the clinical trial, including a description of the drug or medical device and any condition or disease that the clinical trial is addressing or targeting;
(ii) Any information on health disparities related to the condition, disease, or related drugs or medical devices, including any demographic groups that may be disproportionately impacted; and
(iii) Any other information that may assist the Andy Hill cancer research endowment, department of health, and community-based organizations in providing outreach and engagement to specific demographic groups or communities.
(2) The requesting university, the Andy Hill cancer research endowment, and the department of health, in collaboration with community-based organizations and other appropriate entities, shall develop a specific community outreach and engagement plan to increase participation of an underrepresented demographic group or community in the clinical trial.
(3) Subject to the availability of amounts appropriated for this specific purpose, the Andy Hill cancer research endowment may administer grants to Washington state community-based organizations to implement the outreach plan and to provide meaningful and real-time community engagement with any demographic groups or communities identified in subsection (1) of this section with the goal of increasing the demographic group's or community's participation in the clinical trial. The community engagement should utilize any recommendations provided by the department of health's report required under section 6, chapter 426, Laws of 2023.
[ 2023 c 426 s 7.]

catchline: Partnership with the University of Washington and Washington State University—Community outreach and engagement to increase participation by underrepresented communities—Grants.


title: RCW 43.360.005

text:
(1) The legislature finds:
(a) The continued economic vitality of downtown and neighborhood commercial districts in our state's cities is essential to community preservation, social cohesion, and economic growth;
(b) In recent years there has been a deterioration of downtown and neighborhood commercial districts in both rural and urban communities due to a shifting population base, changes in the marketplace, and greater competition from suburban shopping malls, discount centers, and business transacted through the internet;
(c) This decline has eroded the ability of businesses and property owners to renovate and enhance their commercial and residential properties; and
(d) Business owners in these districts need to maintain their local economies in order to provide goods and services to adjacent residents, to provide employment opportunities, to avoid disinvestment and economic dislocations, and to develop and sustain downtown and neighborhood commercial district revitalization programs to address these problems.
(2) It is the intent of the legislature to establish a program to:
(a) Work in partnership with these organizations;
(b) Provide technical assistance and training to local governments, business organizations, downtown and neighborhood commercial district organizations, and business and property owners to accomplish community and economic revitalization and development of business districts; and
(c) Certify a downtown or neighborhood commercial district organization's use of available tax incentives.
[ 2005 c 514 s 901.]
Notes:
Short title—2005 c 514 ss 901-912: "Sections 901 through 912 of this act may be known and cited as the Washington main street act." [ 2005 c 514 s 1310.]
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.


title: RCW 43.360.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Area" means a geographic area within a local government that is described by a closed perimeter boundary.
(2) "Department" means the department of archaeology and historic preservation.
(3) "Director" means the director of the department.
(4) "Local government" means a city, code city, or town.
(5) "Qualified levels of participation" means a local downtown or neighborhood commercial district revitalization program that has been designated by the department.
[ 2010 c 30 s 3; 2009 c 565 s 44; 2005 c 514 s 908.]
Notes:
Finding—2010 c 30: "Many of Washington's communities use the main street program to address issues facing their older traditional commercial districts. The main street program is a preservation-based economic development program that assists communities in implementing a locally driven downtown revitalization effort. However, the main street program is broader than merely preserving a community's downtown, it is the revitalization of that community's downtown. Downtown revitalization creates jobs and puts people to work. Downtown revitalization attracts new businesses and offers local investment opportunities. New and expanding downtown businesses generate increased sales tax and attract export dollars to the community. Therefore, the legislature finds that the movement of the main street program from the department of commerce to the department of archaeology and historic preservation is designed to provide for both the preservation of a community's downtown and economic development for that community." [ 2010 c 30 s 1.]
Effective date—2010 c 30: "This act takes effect July 1, 2010." [ 2010 c 30 s 7.]
Short title—2005 c 514 ss 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.

catchline: Definitions.


title: RCW 43.360.020

text:
The Washington main street program is created within the department. In order to implement the Washington main street program, the department shall:
(1) Provide technical assistance to businesses, property owners, organizations, and local governments undertaking a comprehensive downtown or neighborhood commercial district revitalization initiative and management strategy. Technical assistance may include, but is not limited to, initial site evaluations and assessments, training for local programs, training for local program staff, site visits and assessments by technical specialists, local program design assistance and evaluation, and continued local program on-site assistance;
(2) To the extent funds are made available, provide financial assistance to local governments or local organizations to assist in initial downtown or neighborhood commercial district revitalization program start-up costs, specialized training, specific project feasibility studies, market studies, and design assistance;
(3) Develop objective criteria for selecting recipients of assistance under subsections (1) and (2) of this section, which shall include priority for downtown or neighborhood commercial district revitalization programs located in a rural county as defined in *RCW 43.160.020(12), and provide for designation of local programs under RCW 43.360.030;
(4) Operate the Washington main street program in accordance with the plan developed by the department, in consultation with the Washington main street advisory committee created under **RCW 43.360.040; and
(5) Consider other factors the department deems necessary for the implementation of this chapter.
[ 2005 c 514 s 909.]
Notes:
Reviser's note: *(1) RCW 43.160.020 was amended by 2009 c 565 s 35, changing subsection (12) to subsection (5). RCW 43.160.020 was amended by 2024 c 86 s 1 and 2024 c 47 s 1, changing subsection (5) to subsection (7).
**(2) RCW 43.360.040 was repealed by 2010 1st sp.s. c 7 s 68.
Short title—2005 c 514 ss 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.

catchline: Program created—Duties.