title: RCW 43.88.160

text:
This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.
(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.
(2) Except as provided in chapter 43.88C RCW, the director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.
(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.
(4) In addition, the director of financial management, as agent of the governor, shall:
(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.
(i) For those agencies that the director determines internal audit is required, the agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following professional audit standards including generally accepted government auditing standards or standards adopted by the institute of internal auditors, or both.
(ii) For those agencies that the director determines internal audit is not required, the agency head or authorized designee may establish and maintain internal audits following professional audit standards including generally accepted government auditing standards or standards adopted by the institute of internal auditors, or both, but at a minimum must comply with policies as established by the director to assess the effectiveness of the agency's systems of internal controls and risk management processes;
(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care services;
(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;
(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter the plans, except that for the following agencies no amendment or alteration of the plans may be made without the approval of the agency concerned: Agencies headed by elective officials;
(f) Fix the number and classes of positions or authorized employee years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix the number or the classes for the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;
(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than equipment maintenance providers or as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of enterprise services but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than twelve months after such payment except that institutions of higher education as defined in RCW 28B.10.016 and Washington technology solutions created in RCW 43.105.006 may make payments in advance for equipment maintenance services to be performed up to sixty months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with rules issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.
(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken within six months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the attorney general. The director of financial management shall include in the audit resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and types of litigation, and value of recouped goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40 RCW.
In addition to the authority given to the state auditor in this subsection (6), the state auditor is authorized to conduct performance audits identified in RCW 43.09.470. Nothing in this subsection (6) shall limit, impede, or restrict the state auditor from conducting performance audits identified in RCW 43.09.470.
(7) The joint legislative audit and review committee may:
(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.
(c) Make a report to the legislature which shall include at least the following:
(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management.
[ 2024 c 54 s 49. Prior: 2015 3rd sp.s. c 1 s 303; 2015 3rd sp.s. c 1 s 109; 2012 c 230 s 1; 2006 c 1 s 6 (Initiative Measure No. 900, approved November 8, 2005); 2002 c 260 s 1; 1998 c 135 s 1; 1997 c 168 s 6; 1996 c 288 s 25; 1994 c 184 s 11; prior: 1993 c 500 s 7; 1993 c 406 s 4; 1993 c 194 s 6; 1992 c 118 s 8; (1992 c 118 s 7 expired April 1, 1992); 1991 c 358 s 4; prior: 1987 c 505 s 36; 1987 c 436 s 1; 1986 c 215 s 5; 1982 c 10 s 11; prior: 1981 c 280 s 7; 1981 c 270 s 11; 1979 c 151 s 139; 1975 1st ex.s. c 293 s 8; 1975 c 40 s 11; 1973 c 104 s 1; 1971 ex.s. c 170 s 4; 1967 ex.s. c 8 s 49; 1965 c 8 s 43.88.160; prior: 1959 c 328 s 16.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602: See note following RCW 43.105.007.
Savings report—2012 c 230: See RCW 28B.10.0291.
Short title—Effective date—2006 c 1 (Initiative Measure No. 900): See RCW 43.09.471.
Policies and purposes—Construction—Severability—Part headings not law—2006 c 1 (Initiative Measure No. 900): See notes following RCW 43.09.470.
Effective date—1997 c 168: See RCW 43.88C.900.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Short title—1993 c 406: See note following RCW 43.88.020.
Expiration date—1992 c 118 s 7: "Section 7 of this act shall expire April 1, 1992." [ 1992 c 118 s 9.]
Effective date—1992 c 118 s 8: "Section 8 of this act shall take effect April 1, 1992." [ 1992 c 118 s 10.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—Severability—1981 c 270: See notes following RCW 43.88.010.
Severability—1971 ex.s. c 170: See note following RCW 43.09.050.
Director of financial management: Chapter 43.41 RCW.
Joint legislative audit and review committee: Chapter 44.28 RCW.
Post-audit: RCW 43.09.290 through 43.09.330.
Powers and duties of director of enterprise services as to official bonds: RCW 43.19.784.
State auditor, duties: Chapter 43.09 RCW.
State treasurer, duties: Chapter 43.08 RCW.

catchline: Fiscal management—Powers and duties of officers and agencies.


doc_type: statute

jurisdiction: wa

title: RCW 43.88.170

text:
Whenever any law which provides for the collection of fees or other payment by an agency does not authorize the refund of erroneous or excessive payments thereof, refunds may be made or authorized by the agency which collected the fees or payments of all such amounts received by the agency in consequence of error, either of fact or of law. The regulations issued by the governor pursuant to this chapter shall prescribe the procedure to be employed in making refunds.
[ 1965 c 8 s 43.88.170. Prior: 1959 c 328 s 17.]
Notes:
Refunds: RCW 43.01.072 through 43.01.075.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Refunds of erroneous or excessive payments.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.88.175

text:
State agencies may report receivables to credit reporting agencies whenever the agency determines that such reporting would be cost-effective and does not violate confidentiality or other legal requirements. Within thirty-five days after satisfaction of a debt reported to a credit reporting agency, the state agency reporting the debt shall notify the credit reporting agency that the debt has been satisfied.
[ 1991 c 85 s 1; 1989 c 100 s 1.]

catchline: Credit reporting agencies—State agency use.


title: RCW 43.88.180

text:
(1) Appropriations shall not be required for refunds, as provided in RCW 43.88.170, nor in the case of payments other than for administrative expenses, except as provided in subsection (2) of this section, or capital improvements to be made from trust funds specifically created by law to discharge awards, claims, annuities and other liabilities of the state. Said trust funds shall include, but shall not be limited to, the accident fund, medical aid fund, retirement system fund, Washington state patrol retirement fund and unemployment trust fund. Appropriations may be required in the case of public service enterprises defined for the purposes of this section as proprietary functions conducted by an agency of the state. An appropriation may be required to permit payment of obligations by revolving funds, as provided in RCW 43.88.190.
(2) Appropriations are not required for moneys used pursuant to RCW 51.44.200.
[ 2026 c 175 s 7; 1973 1st ex.s. c 100 s 8; 1965 c 8 s 43.88.180. Prior: 1959 c 328 s 18.]
Notes:
Intent—Application—2026 c 175: See notes following RCW 51.36.010.

catchline: When appropriations required or not required.


title: RCW 43.88.190

text:
Revolving funds shall not be created by law except to finance the operations of service units, or units set up to supply goods and services to other units or agencies. Such service units where created shall be self-supporting operations featuring continuous turnover of working capital. The regulations issued by the governor pursuant to this chapter shall prescribe the procedures to be employed by agencies in accounting and reporting for revolving funds and may provide for the keeping of such funds in the custody of the treasurer.
[ 1965 c 8 s 43.88.190. Prior: 1959 c 328 s 19.]

catchline: Revolving funds.


title: RCW 43.88.195

text:
After August 11, 1969, no state agency, state institution, state institution of higher education, which shall include all state universities, regional universities, The Evergreen State College, and community colleges, shall establish any new accounts or funds which are to be located outside of the state treasury: PROVIDED, That the office of financial management shall be authorized to grant permission for the establishment of such an account or fund outside of the state treasury only when the requesting agency presents compelling reasons of economy and efficiency which could not be achieved by placing such funds in the state treasury. When the director of financial management authorizes the creation of such fund or account, the director shall forthwith give written notice of the fact to the standing committees on ways and means of the house and senate: PROVIDED FURTHER, That agencies authorized to create local accounts will utilize the services of the state treasurer's office to ensure that new or ongoing relationships with financial institutions are in concert with statewide policies and procedures pursuant to RCW 43.88.160(1).
[ 1996 c 186 s 509; 1993 c 500 s 8; 1991 c 201 s 19; 1979 c 151 s 140; 1977 ex.s. c 169 s 109; 1975 1st ex.s. c 293 s 9; 1969 ex.s. c 248 s 1.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.

catchline: Establishment of accounts or funds outside treasury without permission of director of financial management prohibited.


title: RCW 43.88.200

text:
All agency records reflecting financial transactions, such records being defined for purposes of this chapter to mean books of account, financial statements, and supporting records including expense vouchers and other evidences of obligation, shall be deemed to be public records and shall be available for public inspection in the agency concerned during official working hours.
[ 1965 c 8 s 43.88.200. Prior: 1959 c 328 s 20.]

catchline: Public records.


title: RCW 43.88.205

text:
(1) Whenever an agency makes application, enters into a contract or agreement, or submits state plans for participation in, and for grants of federal funds under any federal law, the agency making such application shall at the time of such action, give notice in such form and manner as the director of financial management may prescribe, or the chair of the joint legislative audit and review committee, standing committees on ways and means of the house and senate, the chief clerk of the house, or the secretary of the senate may request.
(2) Whenever any such application, contract, agreement, or state plan is amended, such agency shall notify each such officer of such action in the same manner as prescribed or requested pursuant to subsection (1) of this section.
(3) Such agency shall promptly furnish such progress reports in relation to each such application, contract, agreement, or state plan as may be requested following the date of the filing of the application, contract, agreement, or state plan; and shall also file with each such officer a final report as to the final disposition of each such application, contract, agreement, or state plan if such is requested.
[ 1996 c 288 s 39; 1979 c 151 s 141; 1975 1st ex.s. c 293 s 10; 1973 2nd ex.s. c 17 s 3; 1967 ex.s. c 41 s 4.]
Notes:
Acceptance of funds by governor, administration: RCW 43.06.120, 43.06.130.

catchline: Federal funds and programs—Participating agencies to give notice—Progress reports.


title: RCW 43.88.210

text:
It is the intent of this chapter to assign to the governor's office authority for developing and maintaining a state budgeting, accounting, and reporting system necessary for effective expenditure and revenue control among agencies.
To this end:
(1) All powers and duties and functions of the state auditor relating to the disbursement of public funds by warrant or check are hereby transferred to the state treasurer as the governor may direct but no later than ninety days after the start of the next fiscal biennium, and the state auditor shall deliver to the state treasurer all books, records, accounts, equipment, or other property relating to such function. In all cases where any question shall arise as to the proper custody of any such books, records, accounts, equipment or property, or pending business, the governor shall determine the question;
(2) In all cases where reports, notices, certifications, vouchers, disbursements and similar statements are now required to be given to any agency the duties and responsibilities of which are being assigned or reassigned by this chapter, the same shall be given to the agency or agencies in the manner provided for in this chapter.
[ 1986 c 215 s 6; 1965 c 8 s 43.88.210. Prior: 1959 c 328 s 21.]

catchline: Transfer of certain powers and duties.


title: RCW 43.88.220

text:
If any part of this chapter shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules and regulations under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1965 c 8 s 43.88.220. Prior: 1959 c 328 s 22.]

catchline: Federal law controls in case of conflict—Rules.


title: RCW 43.88.230

text:
For the purposes of this chapter, the statute law committee, the joint legislative audit and review committee, the joint transportation committee, the legislative evaluation and accountability program committee, the office of legislative support services, the joint higher education committee, the office of state actuary, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government.
[ 2012 c 229 s 205; 2012 c 113 s 7; 2005 c 319 s 109; 1996 c 288 s 40; 1981 c 270 s 12; 1975 1st ex.s. c 293 s 11; 1965 c 8 s 43.88.230. Prior: 1959 c 328 s 23.]
Notes:
Reviser's note: This section was amended by 2012 c 113 s 7 and by 2012 c 229 s 205, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2012 c 113: See note following RCW 44.80.010.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Effective date—Severability—1981 c 270: See notes following RCW 43.88.010.

catchline: Legislative agencies and committees deemed part of legislative branch.


title: RCW 43.88.240

text:
Unless otherwise directed in the commodity commission enabling statute, this chapter shall not apply to the Washington state commodity commissions created either under separate statute or under the provisions of chapters 15.65 and 15.66 RCW: PROVIDED, That all such commissions shall submit estimates and such other necessary information as may be required for the development of the budget and shall also be subject to audit by the appropriate state auditing agency or officer.
[ 1995 c 374 s 60; 1981 c 225 s 3; 1965 c 8 s 43.88.240. Prior: 1959 c 328 s 24.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Exemption of Washington state commodity commissions.


title: RCW 43.88.250

text:
Whenever an emergency shall arise necessitating an expenditure for the preservation of peace, health or safety, or for the carrying on of the necessary work required by law of any state agency for which insufficient or no appropriations have been made, the head of such agency shall submit to the governor, duplicate copies of a sworn statement, setting forth the facts constituting the emergency and the estimated amount of money required therefor. If the governor approves such estimate in whole or in part, the governor shall indorse on each copy of the statement the governor's approval, together with a statement of the amount approved as an allocation from any appropriation available for allocation for emergency purposes and transmit one copy to the head of the agency thereby authorizing the emergency expenditures.
[1975-'76 2nd ex.s. c 83 s 1.]

catchline: Emergency expenditures.


title: RCW 43.88.260

text:
(1) It shall be unlawful for any agency head or disbursing officer to incur any cash deficiency and any appointive officer or employee violating the provisions of this section shall be subject to summary removal.
(2) This section does not apply to:
(a) Temporary cash deficiencies resulting from disbursements under a expenditure plan approved under RCW 43.88.110.
(b) Temporary cash deficiencies authorized by the director of financial management for funds and accounts in the state treasury or in the custody of the state treasurer. Each authorization under this subsection (b) shall distinctly specify the fund or account for which a deficiency is authorized, the maximum amount of cash deficiency which may be incurred, and the maximum time period during which the cash deficiency may continue. Each authorization shall expire at the end of each fiscal biennium unless renewed by the director of financial management. The director of financial management shall report each authorization and renewal to the legislative fiscal committees.
(c) Temporary cash deficiencies in funds or accounts which are neither in the state treasury, nor in the custody of the treasurer, if the cash deficiency does not continue past the end of the fiscal biennium.
(3) Nothing in this section permits the expenditure of moneys in excess of an applicable appropriation.
[ 1987 c 502 s 7; 1975-'76 2nd ex.s. c 83 s 2.]

catchline: Deficiencies prohibited—Exceptions.


title: RCW 43.88.265

text:
In order to comply with the provisions of the federal tax reform act of 1986, construction accounts that receive bond proceeds are exempt from RCW 43.88.050, 43.88.110, and 43.88.260 and may incur seasonal cash deficits pending the sale of bonds or bond anticipation notes subject to the following conditions:
(1) The respective account has unexpended appropriation authority.
(2) There are authorized unissued bonds available for sale by the state finance committee under direction to deposit the proceeds of the sale in the respective account.
(3) The bonds are of an amount that would remedy the cash deficit if the bonds were sold.
[ 1989 1st ex.s. c 14 s 18.]
Notes:
Effective dates—1989 1st ex.s. c 14: See RCW 43.99H.901.

catchline: Construction accounts—Exception to certain accounting requirements.


title: RCW 43.88.270

text:
Any officer or employee violating, or wilfully refusing or failing to comply with, any provision of this chapter shall be guilty of a misdemeanor.
[1975-'76 2nd ex.s. c 83 s 3.]

catchline: Penalty for violations.


title: RCW 43.88.280

text:
As used in RCW 43.88.290 and 43.88.300 the term "state officer or employee" includes the members of the governing body of any state agency, as state agency is defined in *RCW 43.88.020(4) and those generally known as executive management but excludes nonsupervisory state employees covered by civil service under chapters 41.06 and ** 28B.16 RCW.
[ 1977 ex.s. c 320 s 1.]
Notes:
Reviser's note: *(1) RCW 43.88.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (2).
**(2) Chapter 28B.16 RCW was repealed by 1993 c 281, with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. RCW 28B.16.015 and 41.06.382 were subsequently repealed by 2002 c 354 s 403, effective July 1, 2005.
Effective date—1977 ex.s. c 320: "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 July 1, 1977." [ 1977 ex.s. c 320 s 6.]

catchline: Fiscal responsibilities of state officers and employees—"State officer or employee" defined.


title: RCW 43.88.290

text:
No state officer or employee shall intentionally or negligently: Over-expend or over-encumber any appropriation made by law; fail to properly account for any expenditures by fund, program, or fiscal period; or expend funds contrary to the terms, limits, or conditions of any appropriation made by law.
[ 1981 c 270 s 13; 1977 ex.s. c 320 s 2.]
Notes:
Effective date—Severability—1981 c 270: See notes following RCW 43.88.010.
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.

catchline: Fiscal responsibilities of state officers and employees—Prohibitions relative to appropriations and expenditures.


title: RCW 43.88.300

text:
(1) Where there is reason to believe that a present or former state officer or employee has violated or threatens to violate RCW 43.88.290, the attorney general may initiate an appropriate civil action for the enforcement of RCW 43.88.280 through 43.88.320 or to prevent any such violation. The action may be brought in the county where the alleged violator resides, or the county where the violation is alleged to have occurred or is threatened.
(2) For each violation of RCW 43.88.290 the attorney general shall seek to recover and the court may award the following damages on behalf of the state of Washington:
(a) From each person found in violation of RCW 43.88.290 a civil penalty in the amount of five hundred dollars, or all costs, including reasonable attorney's fees incurred by the state in said action, whichever is greater;
(b) Any damages sustained by the state as a result of the conduct constituting said violation.
In addition to the other penalties contained in this section, judgment against any person, other than an elected official, for violating RCW 43.88.290 may include a declaration of forfeiture of such person's office or employment, to take effect immediately.
[ 1977 ex.s. c 320 s 3.]
Notes:
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.

catchline: Fiscal responsibilities of state officers and employees—Violations—Civil penalties—Forfeiture.


title: RCW 43.88.310

text:
(1) The legislative auditor of the office of the joint legislative audit and review committee, with the concurrence of the joint legislative audit and review committee, may file with the attorney general any audit exceptions or other findings of any performance audit, management study, or special report prepared for the joint legislative audit and review committee, any standing or special committees of the house or senate, or the entire legislature which indicate a violation of RCW 43.88.290, or any other act of malfeasance, misfeasance, or nonfeasance on the part of any state officer or employee.
(2) The attorney general shall promptly review each filing received from the legislative auditor and may act thereon as provided in RCW 43.88.300, or any other applicable statute authorizing enforcement proceedings by the attorney general. The attorney general shall advise the joint legislative audit and review committee of the status of exceptions or findings referred under this section.
[ 1996 c 288 s 41; 1993 c 157 s 1; 1977 ex.s. c 320 s 4.]
Notes:
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.

catchline: Fiscal responsibilities of state officers and employees—Duties of legislative auditor, attorney general.


title: RCW 43.88.320

text:
The civil penalties provided by RCW 43.88.280 through 43.88.320 are in addition to any other penalties which may be provided by law.
[ 1977 ex.s. c 320 s 5.]
Notes:
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.

catchline: Fiscal responsibilities of state officers and employees—Civil penalties additional to other penalties.


title: RCW 43.88.350

text:
Any rate increases proposed for or any change in the method of calculating charges from the legal services revolving fund or services provided in accordance with RCW 43.01.090 or 43.19.500 in the enterprise services account is subject to approval by the director of financial management prior to implementation.
[ 2015 c 225 s 87; 1998 c 105 s 16; 1981 c 270 s 14.]
Notes:
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective date—Severability—1981 c 270: See notes following RCW 43.88.010.
Enterprise services account: RCW 43.19.500.
Legal services revolving fund: RCW 43.10.150.

catchline: Legal services revolving fund—Enterprise services account—Approval of certain changes required.


title: RCW 43.88.550

text:
Based on schedules submitted by the director of financial management, the state treasurer shall transfer from the general fund—state, or such other funds as the state treasurer deems appropriate, to the Clarke-McNary fund such amounts as are necessary to meet unbudgeted forest firefighting expenses. All amounts borrowed under the authority of this section shall be repaid to the appropriate fund, together with interest at a rate determined by the state treasurer to be equivalent to the return on investments of the state treasury during the period the amounts are borrowed.
[ 1989 c 362 s 3.]

catchline: Forest firefighting expenses—Transfers to Clarke-McNary fund.


title: RCW 43.88.560

text:
The director of financial management shall establish policies and standards governing the funding of major information technology projects. The director of financial management shall also direct the collection of additional information on information technology projects and submit an information technology plan as required under RCW 43.88.092.
[ 2015 c 225 s 88; 2010 c 282 s 4; 1992 c 20 s 7.]
Notes:
Severability—Captions not law—1992 c 20: See notes following RCW 43.105.025.

catchline: Information technology projects—Funding policies and standards.


title: RCW 43.88.570

text:
(1) Each state agency shall submit a report to the office of the state auditor listing each nongovernment entity that received over three hundred thousand dollars in state moneys during the previous fiscal year under contract with the agency for purposes related to the provision of social services. The report must be submitted by September 1 each year, and must be in a form prescribed by the office of the state auditor.
(2) The office of the state auditor shall select at random a group of entities from the reports using a procedure prescribed by the office of the state auditor. The office of the state auditor shall ensure that the number of entities selected under this subsection (2) each year is sufficient to ensure a statistically representative sample of all reported entities.
(3) Each entity selected under subsection (2) of this section shall be required to complete a comprehensive entity-wide audit in accordance with generally accepted government auditing standards. The audit shall be completed by, or under the supervision of, a certified public accountant licensed in this state. The audit shall determine, at a minimum, whether:
(a) The financial statements of the entity are presented fairly in all material respects in conformity with generally accepted accounting principles;
(b) The schedule of expenditures of state moneys is presented fairly in all material respects in relation to the financial statements taken as a whole;
(c) Internal accounting controls exist and are effective; and
(d) The entity has complied with laws, regulations, and contract and grant provisions that have a direct and material effect on performance of the contract and the expenditure of state moneys.
(4) The office of the state auditor shall also select a second group based on a risk assessment of entities conducted by the office of the state auditor in consultation with state agencies. The office of the state auditor shall consider, at a minimum, the following factors when conducting risk assessments: Findings from audits of entities under contract with the state to provide services for the same state or federal program; findings from previous audits; decentralization of decision making and controls; turnover in officials and key personnel; changes in management structure or operations; and the presence of new programs, technologies, or funding sources.
(5) The office of the state auditor is required to complete a comprehensive entity-wide audit, in accordance with generally accepted government auditing standards, of each entity selected under subsection (4) of this section. The office of the state auditor may procure the services of a certified public accountant to perform such an audit, as set forth under RCW 43.09.045. The audit shall determine, at a minimum, whether:
(a) The financial statements of the entity are presented fairly in all material respects in conformity with generally accepted accounting principles;
(b) The schedule of expenditures of state moneys is presented fairly in all material respects in relation to the financial statements taken as a whole;
(c) Internal accounting controls exist and are effective; and
(d) The entity has complied with statutes, rules, regulations, and contract and grant provisions that have a direct and material effect on performance of the contract and the expenditure of state moneys.
(6) The office of the state auditor shall prescribe policies and procedures for the conduct of audits under this section. The office of the state auditor shall deem single audits completed in compliance with federal requirements to be in fulfillment of the requirements of this section if the audit meets the requirements of subsection (3)(a) through (d) or (5)(a) through (d) of this section. If the entity is selected under subsection (4) of this section, the office of the state auditor shall review the single audit to determine if there is evidence of misuse of public moneys.
(7) Completed audits must be delivered to the office of the state auditor and the state agency by April 1 in the year following the selection of the entity for audit. Entities must resolve any findings contained in the audit within six months of the delivery of the audit. Entities may not enter into new contracts with state agencies until all major audit findings are resolved.
(8) Nothing in this section limits the authority of the state auditor to carry out statutorily and contractually prescribed powers and duties.
[ 1998 c 232 s 2; 1997 c 374 s 3.]
Notes:
Findings—Intent—1998 c 232: See note following RCW 43.09.055.
Findings—1997 c 374: See note following RCW 43.63A.125.

catchline: Social services provided by nongovernment entities receiving state moneys—Report by agencies—Audits.


title: RCW 43.88.580

text:
(1) The department of enterprise services shall make electronically available to the public a database of state agency contracts for personal services required to be filed with the department of enterprise services under *chapter 39.29 RCW.
(2) The state expenditure information website described in RCW 44.48.150 shall include a link to the department of enterprise services database described in subsection (1) of this section.
[ 2011 1st sp.s. c 43 s 534; 2008 c 326 s 3.]
Notes:
*Reviser's note: Chapter 39.29 RCW was repealed by 2012 c 224 s 29, effective January 1, 2013. See chapter 39.26 RCW.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—2008 c 236: See note following RCW 44.48.150.

catchline: Database of state agency contracts for personal services—State expenditure information website.


title: RCW 43.88.583

text:
(1) To facilitate public inspection of state collective bargaining agreements, the office of financial management must maintain a website that is accessible to the public of all agreements collectively bargained with state employees under the authority of chapters 28B.52, 41.56, 41.76, 41.80, and 47.64 RCW. In addition, the website must contain all agreements collectively bargained with persons who are state employees solely for the purpose of collective bargaining under RCW 41.56.151, 41.56.153, 41.56.155, 41.56.560, 41.56.157, and 74.39A.270. Tentatively agreed to collective bargaining agreements must be posted to the website in a searchable format within forty-five days of being submitted to the office of financial management. Revisions and modification to agreements must be posted to the website within fifteen days of the agreement being signed by both parties.
(2) To facilitate public understanding of state collective bargaining agreements, the office of financial management must prepare a summary of each agreement subject to subsection (1) of this section for posting on the website by December 20th of the year in which the agreement was negotiated, but no later than the date that the governor submits a request for funding to the legislature. The summary must identify the following information for each agreement:
(a) The term of the agreement;
(b) The bargaining units covered by the agreement by state agency;
(c) Base compensation;
(d) Provisions for and rate of overtime pay;
(e) Provisions for and rate of compensatory time;
(f) Provisions for and rate of any other compensation including, but not limited to, shift premium pay, on-call pay, stand-by pay, assignment pay, special pay, or employer-provided housing or meals;
(g) Provisions for and rate of pay for each paid leave provision;
(h) Provisions for and rate of pay for any cash out provisions for compensatory time or paid leave;
(i) Temporary layoff provision;
(j) Any impasse procedure subject to bargaining;
(k) Health care benefits provisions expressed as a percentage of cost or as a dollar amount, or in the case of contributions to a third-party benefit fund, the hourly contribution rate to the fund;
(l) Any retirement benefit subject to bargaining, or in the case of contributions to a third-party benefit fund, the hourly contribution rate to the fund;
(m) For compensation or fringe benefits with an anticipated cost of fifty thousand dollars or more, a brief description of each component and its cost that comprises the amount funded by the legislature to implement in accordance with RCW 41.80.010(3);
(n) Number of bargaining unit members covered by the agreement as of the date submitted to the office of financial management;
(o) Content of any agency-specific supplemental agreements affecting (a) through (m) of this subsection; and
(p) Any contract provisions that allow the contract to be reopened during the contract term.
(3) For collective bargaining agreements negotiated by institutions of higher education, the institution of higher education must:
(a) Provide the office of financial management with a searchable version of the tentatively agreed to collective bargaining agreements to be posted on the website identified in subsection (1) of this section to within forty days of submitting the agreements to the office of financial management.
(b) Submit revisions and modifications to agreements to the office of financial management to be posted to the website identified in subsection (1) of this section within ten days of the agreement being signed by both parties.
(c) Submit a summary of each agreement to the office of financial management by December 10th of the year in which a master agreement was negotiated or within fifteen days of a contract revision. The summary must include the information identified in subsection (2)(a) through (p) of this section.
(4) The office of financial management must also include on the website any additional information identified in budget instructions developed by the office of financial management or that is otherwise required under RCW 43.88.030.
(5) Information on the website may include links to salary schedules, pay ranges, and other information on state or federal agency websites to summarize information. Information may include links to specific language within an agreement to summarize information.
(6) By January 1, 2018, the information under this section must be incorporated into the state expenditure information website maintained by the legislative evaluation and accountability program committee under RCW 44.48.150.
(7) The summaries of collective bargaining agreements created under this section must not disclose personally identifiable information of any bargaining unit member.
(8) The summaries of collective bargaining agreements created under this section have no legal effect on the interpretation of the agreements.
[ 2017 3rd sp.s. c 23 s 1.]

catchline: Public inspection of state collective bargaining agreements—Website—Contents.


title: RCW 43.88.585

text:
(1) By January 1, 2014, the office of financial management shall compile, maintain, and periodically update an inventory of all fees imposed by state agencies and institutions of higher education pursuant to statute or administrative rule. At a minimum, the inventory shall identify the agency or institution collecting the fee, the purpose of the fee, the current amount of the fee, the amount of the fee over the previous five years, and the statutory authority for the fee. The office of financial management may aggregate or consolidate fee information when there is commonality among the fee payers or the purposes for which the fee is paid.
(2) To facilitate the fee inventory under this section, each state agency and institution of higher education shall report the information required under subsection (1) of this section to the office of financial management and shall update the information at least every two years.
(3) The fee inventory under this section shall be incorporated into the state expenditure information website maintained by the legislative evaluation and accountability program committee under RCW 44.48.150.
(4) The office of financial management shall convene a work group consisting of representatives from the legislative evaluation and accountability program committee, the office of regulatory assistance, the department of licensing, the department of labor and industries, the department of transportation, and the department of health to develop a process to facilitate more frequent updates to the inventory and to recommend changes to increase public accessibility.
(5) For purposes of this section, "fee" means any charge, fixed by law or administrative rule, for the benefit of a service or to cover the cost of a regulatory program or the costs of administering a program for which the fee payer benefits. "Fee" does not include taxes; penalties or fines; intergovernmental charges; commercial charges; pension or health care contributions or rates; industrial, unemployment, or other state-operated insurance programs; or individualized cost recoveries.
(6) The requirements in this section are suspended during the 2019-2021 and 2021-2023 fiscal biennia.
[ 2021 c 334 s 974; 2013 c 63 s 1.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.

catchline: Fee inventory—State expenditure information website—Work group.


title: RCW 43.88.899

text:
The amendments to chapter 43.88 RCW by chapter 215, Laws of 1986 are intended to improve the reporting of state budgeting, accounting, and other fiscal data. The legislative evaluation and accountability program committee shall periodically review chapter 43.88 RCW and shall recommend further revisions if needed.
[ 1986 c 215 s 8.]

catchline: Intent—Periodic review.


title: RCW 43.88A.010

text:
The legislature hereby recognizes the necessity of developing a uniform and coordinated procedure for determining the expected fiscal impact of bills and resolutions on state government. The legislature also recognizes that developing such statements of fiscal impact, which shall be known as fiscal notes, requires the designation of a state agency to be principally responsible therefor.
[ 1977 ex.s. c 25 s 1.]

catchline: Legislative declaration.


title: RCW 43.88A.020

text:
The office of financial management shall, in cooperation with appropriate legislative committees and legislative staff, establish a procedure for the provision of fiscal notes on the expected impact of bills and resolutions which increase or decrease or tend to increase or decrease state government revenues or expenditures. Such fiscal notes shall indicate by fiscal year the impact for the remainder of the biennium in which the bill or resolution will first take effect as well as a cumulative forecast of the fiscal impact for the succeeding four fiscal years. Fiscal notes shall separately identify the fiscal impacts on the operating and capital budgets. Estimates of fiscal impacts shall be calculated using the procedures contained in the fiscal note instructions issued by the office of financial management.
In establishing the fiscal impact called for pursuant to this chapter, the office of financial management shall coordinate the development of fiscal notes with all state agencies affected.
The preparation and dissemination of the ongoing cost projections and other requirements of RCW 43.135.031 for bills increasing taxes or fees shall take precedence over fiscal notes.
For proposed legislation that uniquely affects school districts, in addition to any fiscal note prepared under this chapter, a school district fiscal note must be prepared under the process established in RCW 28A.300.0401.
[ 2011 c 140 s 1; 2008 c 1 s 3 (Initiative Measure No. 960, approved November 6, 2007); 1994 c 219 s 3; 1979 c 151 s 146; 1977 ex.s. c 25 s 2.]
Notes:
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
Finding—1994 c 219: See note following RCW 43.88.030.

catchline: Preparation—Ongoing cost projections—Duties of office of financial management—School district fiscal notes.


title: RCW 43.88A.030

text:
When a fiscal note is prepared and approved as to form, accuracy, and completeness by the office of financial management, which depicts the expected fiscal impact of a bill or resolution, copies shall be filed immediately with:
(1) The chairperson of the committee to which the bill or resolution was referred upon introduction in the house of origin;
(2) The senate committee on ways and means, or its successor; and
(3) The house committees on revenue and appropriations, or their successors.
Whenever possible, such fiscal note and, in the case of a bill increasing taxes or fees, the cost projection and other information required under RCW 43.135.031 shall be provided prior to or at the time the bill or resolution is first heard by the committee of reference in the house of origin.
When a fiscal note has been prepared for a bill or resolution, a copy of the fiscal note shall be placed in the bill books or otherwise attached to the bill or resolution and shall remain with the bill or resolution throughout the legislative process insofar as possible. For bills increasing taxes or fees, the cost projection and other information required by RCW 43.135.031 shall be placed in the bill books or otherwise attached to the bill or resolution and shall remain with the bill or resolution throughout the legislative process insofar as possible.
[ 2008 c 1 s 4 (Initiative Measure No. 960, approved November 6, 2007); 1986 c 158 s 16; 1979 ex.s. c 112 s 1; 1979 c 151 s 147; 1977 ex.s. c 25 s 3.]
Notes:
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.

catchline: Distribution of fiscal notes and cost projections.


title: RCW 43.88A.040

text:
The office of financial management shall also provide a fiscal note on any legislative proposal at the request of any legislator. Such fiscal note shall be returned to the requesting legislator, and copies shall be filed with the appropriate legislative committees pursuant to RCW 43.88A.030 at the time such proposed legislation is introduced in either house.
[ 1979 c 151 s 148; 1977 ex.s. c 25 s 4.]

catchline: Fiscal notes—Preparation upon request of any legislator.


title: RCW 43.88A.900

text:
Nothing in this chapter shall prevent either house of the legislature from acting on any bill or resolution before it as otherwise provided by the state Constitution, by law, and by the rules and joint rules of the senate and house of representatives, nor shall the lack of any fiscal note as provided in this chapter or any error in the accuracy thereof affect the validity of any measure otherwise duly passed by the legislature.
[ 1977 ex.s. c 25 s 5.]

catchline: Construction of chapter.


title: RCW 43.88C.010

text:
(1) The caseload forecast council is hereby created. The council shall consist of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from among the four caucus appointees. The council may select such other officers as the members deem necessary.
(2) The council shall employ a caseload forecast supervisor to supervise the preparation of all caseload forecasts. As used in this chapter, "supervisor" means the caseload forecast supervisor.
(3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
(4) The caseload forecast council shall oversee the preparation of and approve, by an affirmative vote of at least four members, the official state caseload forecasts prepared under RCW 43.88C.020. If the council is unable to approve a forecast before a date required in RCW 43.88C.020, the supervisor shall submit the forecast without approval and the forecast shall have the same effect as if approved by the council.
(5) A councilmember who does not cast an affirmative vote for approval of the official caseload forecast may request, and the supervisor shall provide, an alternative forecast based on assumptions specified by the member.
(6) Members of the caseload forecast council shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(7) "Caseload," as used in this chapter, means:
(a) The number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, and adoption support;
(b) The number of students who are eligible for the Washington college bound scholarship program and are expected to attend an institution of higher education as defined in RCW 28B.92.030;
(c) The number of students who are eligible for the Washington college grant program under RCW 28B.92.200 and 28B.92.205 and are expected to attend an institution of higher education as defined in RCW 28B.92.030;
(d) The number of children who are eligible, as defined in RCW 43.216.505, to participate in, and the number of children actually served by, the early childhood education and assistance program; and
(e) Beginning with the first official forecast after July 23, 2023, the number of people eligible for the working families' tax credit under RCW 82.08.0206. The total number of people eligible for the working families' tax credit should include:
(i) The number of eligible people with no qualifying children;
(ii) The number of eligible people with one qualifying child;
(iii) The number of eligible people with two qualifying children; and
(iv) The number of eligible people with three or more qualifying children.
(8) The caseload forecast council shall forecast the temporary assistance for needy families and the working connections child care programs as a courtesy.
(9) By January 1, 2023, the caseload forecast council shall present the number of individuals who are assessed as eligible for and have requested a service through the individual and family services waiver and the basic plus waiver administered by the developmental disabilities administration as a courtesy. The caseload forecast council shall be presented with the service request list as defined in RCW 71A.10.020 to aid in development of this information.
(10) Beginning with the official forecast submitted in November 2022 and subject to the availability of amounts appropriated for this specific purpose, the caseload forecast council shall forecast the number of individuals who are assessed as eligible for and have requested supported living services, a service through the core waiver, an individual and family services waiver, and the basic plus waiver administered by the developmental disabilities administration as a courtesy. The caseload forecast council shall be presented with the service request list as defined in RCW 71A.10.020 to aid in development of this information.
(11) As a courtesy, beginning with the official forecast submitted in November 2022, the caseload forecast council shall forecast the number of individuals who are expected to reside in state-operated living alternatives administered by the developmental disabilities administration.
(12) The caseload forecast council shall forecast youth participating in the extended foster care program pursuant to RCW 74.13.031 separately from other children who are residing in foster care and who are under eighteen years of age.
(13) The caseload forecast council shall forecast the number of youth expected to receive behavioral rehabilitation services while involved in the foster care system and the number of screened in reports of child abuse or neglect.
(14) The caseload forecast council shall forecast the number of individuals who are functionally and financially eligible for medicaid waiver services administered by the developmental disabilities administration who also meet the criteria outlined in RCW 71A.12.370 and are expected to utilize a medicaid waiver service.
(15) The caseload forecast council shall forecast eligible children participating in the transition to kindergarten program under RCW 28A.300.072.
(16) Unless the context clearly requires otherwise, the definitions provided in RCW 43.88.020 apply to this chapter.
(17) During the 2021-2023 fiscal biennium, and beginning with the November 2021 forecast, the caseload forecast council shall produce an unofficial forecast of the long-term caseload for juvenile rehabilitation as a courtesy.
(18) The caseload forecast council shall forecast the state food assistance program and the supplemental nutrition assistance program.
[ 2026 c 66 s 1. Prior: 2023 c 420 s 4; 2023 c 345 s 1; 2023 c 244 s 1; 2022 c 219 s 2; 2021 c 334 s 975; 2020 c 352 s 1; 2019 c 406 s 24; 2018 c 208 s 4; 2015 c 128 s 2; 2013 c 332 s 11; 2012 c 217 s 3; 2011 c 304 s 2; 2000 c 90 s 1; 1997 c 168 s 1.]
Notes:
Findings—Intent—2022 c 219: See note following RCW 71A.18.060.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—Intent—2019 c 406: See note following RCW 43.79.195.
Findings—Short title—2019 c 406: See notes following RCW 28B.92.200.
Findings—2019 c 406: See note following RCW 28B.94.020.
Findings—Intent—2019 c 406: See note following RCW 28C.30.050.
Findings—Intent—2019 c 406: See note following RCW 43.216.135.
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.
Effective date—2012 c 217: See note following RCW 74.08A.341.
Effective date—2000 c 90: "This act takes effect July 1, 2000." [ 2000 c 90 s 2.]

catchline: Caseload forecast council—Duties.


title: RCW 43.88C.020

text:
(1) In consultation with the caseload forecast work group established under RCW 43.88C.030, and subject to the approval of the caseload forecast council under RCW 43.88C.010, the supervisor shall prepare:
(a) An official state caseload forecast; and
(b) Other caseload forecasts based on alternative assumptions as the council may determine.
(2) The supervisor shall submit caseload forecasts prepared under this section, along with any unofficial forecasts provided under RCW 43.88C.010, to the governor and the members of the legislative fiscal committees, including one copy to the staff of each of the committees. The forecasts shall be submitted at least three times each year and on such dates as the council determines will facilitate the development of budget proposals by the governor and the legislature.
(3) All agencies of state government shall provide to the supervisor immediate access to all information relating to caseload forecasts.
(4) The administrator of the legislative evaluation and accountability program committee may request, and the supervisor shall provide, alternative caseload forecasts based on assumptions specified by the administrator.
(5) The official state caseload forecast under this section shall be the basis of the governor's budget document as provided in RCW 43.88.030 and utilized by the legislature in the development of the omnibus biennial appropriations act.
[ 1997 c 168 s 2.]

catchline: Preparation and submittal of caseload forecasts—Cooperation of state agencies—Official state caseload forecast.


title: RCW 43.88C.030

text:
(1) To promote the free flow of information and to promote legislative and executive input in the development of assumptions and preparation of forecasts, immediate access to all information and statistical models relating to caseload forecasts shall be available to the caseload forecast work group, hereby created. Each state agency affected by caseloads shall submit caseload reports and data to the council as soon as the reports and data are available and shall provide to the council and the supervisor such additional raw, program-level data or information as may be necessary for discharge of their respective duties.
(2) The caseload forecast work group shall consist of one staff member selected by the executive head or chairperson of each of the following agencies, programs, or committees:
(a) Office of financial management;
(b) Ways and means committee, or its successor, of the senate;
(c) Appropriations committee, or its successor, of the house of representatives;
(d) Legislative evaluation and accountability program committee; and
(e) Each state program for which the council forecasts the caseload.
(3) The caseload forecast work group shall provide technical support to the caseload forecast council. Meetings of the caseload forecast work group may be called by any member of the group for the purpose of assisting the council, reviewing forecasts, or for any other purpose that may assist the council.
[ 1997 c 168 s 3.]

catchline: Caseload forecast work group—Submittal of data by state agencies—Meetings.


title: RCW 43.88C.040

text:
(1) The caseload forecast council shall develop and maintain a computerized adult and juvenile sentencing information system consisting of offender, offense, history, and sentence information entered from the judgment and sentence forms for all adult felons.
(2) As part of its duties in maintaining the sentencing information system, the caseload forecast council shall:
(a) On an annual basis, publish a statistical summary of adult felony sentencing and juvenile dispositions;
(b) Publish and maintain an adult felony sentencing manual; and
(c) Publish and maintain a juvenile sentencing manual.
(3) The sentencing manuals are intended only as a guide to assist practitioners in determining appropriate sentencing ranges. The manuals are not a substitute for the actual statutes, which list the sentencing ranges, or for any other information contained within this chapter. The caseload forecast council is not liable for errors or omissions in the manual, for sentences that may be inappropriately calculated as a result of a practitioner's or court's reliance on the manual, or for any other written or verbal information provided by the caseload forecast council or its staff related to adult or juvenile sentencing.
(4) In publishing materials required by this section, the caseload forecast council shall make the materials available on its website. The caseload forecast council may charge a reasonable cost for producing and distributing hard copies of any materials.
[ 2011 1st sp.s. c 40 s 28.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.

catchline: Sentencing information system—Sentencing manual.


title: RCW 43.88C.050

text:
The caseload forecast council shall appoint a research staff of sufficient size and with sufficient resources to accomplish its duties. The caseload forecast council may request from the administrative office of the courts, the department of children, youth, and families, the department of corrections, the health care authority, the superintendent of public instruction, the Washington student achievement council, the department of social and health services, and other agencies with caseloads forecasted by the council, such data, information, and data processing assistance as it may need to accomplish its duties, and such services shall be provided without cost to the caseload forecast council.
[ 2018 c 58 s 15; 2015 c 128 s 3; 2011 1st sp.s. c 40 s 29.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.

catchline: Research staff.


title: RCW 43.88C.900

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 July 1, 1997.
[ 1997 c 168 s 8.]

catchline: Effective date—1997 c 168.


title: RCW 43.88D.010

text:
(1) By October 1st of each even-numbered year, the office of financial management shall complete an objective analysis and scoring of all capital budget projects proposed by the public four-year institutions of higher education and submit the results of the scoring process to the legislative fiscal committees and the four-year institutions. Each project must be reviewed and scored within one of the following categories, according to the project's principal purpose. Each project may be scored in only one category. The categories are:
(a) Access-related projects to accommodate enrollment growth at all campuses, at existing or new university centers, or through distance learning. Growth projects should provide significant additional student capacity. Proposed projects must demonstrate that they are based on solid enrollment demand projections, more cost-effectively provide enrollment access than alternatives such as university centers and distance learning, and make cost-effective use of existing and proposed new space;
(b) Projects that replace failing permanent buildings. Facilities that cannot be economically renovated are considered replacement projects. New space may be programmed for the same or a different use than the space being replaced and may include additions to improve access and enhance the relationship of program or support space;
(c) Projects that renovate facilities to restore building life and upgrade space to meet current program requirements. Renovation projects should represent a complete renovation of a total facility or an isolated wing of a facility. A reasonable renovation project should cost between sixty to eighty percent of current replacement value and restore the renovated area to at least twenty-five years of useful life. New space may be programmed for the same or a different use than the space being renovated and may include additions to improve access and enhance the relationship of program or support space;
(d) Major stand-alone campus infrastructure projects;
(e) Projects that promote economic growth and innovation through expanded research activity. The acquisition and installation of specialized equipment is authorized under this category; and
(f) Other project categories as determined by the office of financial management in consultation with the legislative fiscal committees.
(2) The office of financial management, in consultation with the legislative fiscal committees, shall establish a scoring system and process for each four-year project category that is based on the framework used in the community and technical college system of prioritization. Staff from the state board for community and technical colleges and the four-year institutions shall provide technical assistance on the development of a scoring system and process.
(3) The office of financial management shall consult with the legislative fiscal committees in the scoring of four-year institution project proposals, and may also solicit participation by independent experts.
(a) For each four-year project category, the scoring system must, at a minimum, include an evaluation of enrollment trends, reasonableness of cost, the ability of the project to enhance specific strategic master plan goals, age and condition of the facility if applicable, and impact on space utilization.
(b) Each four-year project category may include projects at the predesign, design, or construction funding phase.
(c) To the extent possible, the objective analysis and scoring system of all capital budget projects shall occur within the context of any and all performance agreements between the office of financial management and the governing board of a public, four-year institution of higher education that aligns goals, priorities, desired outcomes, flexibility, institutional mission, accountability, and levels of resources.
(4) In evaluating and scoring four-year institution projects, the office of financial management shall take into consideration project schedules that result in realistic, balanced, and predictable expenditure patterns over the ensuing three biennia.
(5) The office of financial management shall distribute common definitions, the scoring system, and other information required for the project proposal and scoring process as part of its biennial budget instructions. The office of financial management, in consultation with the legislative fiscal committees, shall develop common definitions that four-year institutions must use in developing their project proposals and lists under this section.
(6) In developing any scoring system for capital projects proposed by the four-year institutions, the office of financial management:
(a) Shall be provided with all required information by the four-year institutions as deemed necessary by the office of financial management;
(b) May utilize independent services to verify, sample, or evaluate information provided to the office of financial management by the four-year institutions; and
(c) Shall have full access to all data maintained by the joint legislative audit and review committee concerning the condition of higher education facilities.
(7) By August 1st of each even-numbered year each public four-year higher education institution shall prepare and submit prioritized lists of the individual projects proposed by the institution for the ensuing six-year period in each category. The lists must be submitted to the office of financial management and the legislative fiscal committees. The four-year institutions may aggregate minor works project proposals by primary purpose for ranking purposes. Proposed minor works projects must be prioritized within the aggregated proposal, and supporting documentation, including project descriptions and cost estimates, must be provided to the office of financial management and the legislative fiscal committees.
(8) For the 2021-2023 fiscal biennium, pursuant to subsection (1) of this section, by November 1, 2022, the office of financial management must score higher education capital project criteria with a rating scale that assesses how well a particular project satisfies those criteria. The office of financial management may not use a rating scale that weighs the importance of those criteria.
(9) For the 2021-2023 fiscal biennium, pursuant to subsection (6)(a) of this section and in lieu of the requirements of subsection (7) of this section, by August 15, 2022, the institutions of higher education shall prepare and submit or resubmit to the office of financial management and the legislative fiscal committees:
(a) Individual project proposals developed pursuant to subsection (1) of this section;
(b) Individual project proposals scored in prior biennia pursuant to subsection (1) of this section; and
(c) A prioritized list of up to five project proposals submitted pursuant to (a) and (b) of this subsection.
(10) The requirements of this section are suspended during the 2023-2025 and 2025-2027 fiscal biennia.
[ 2025 c 414 s 8033; 2023 c 474 s 8034; 2021 c 332 s 7034; 2019 c 413 s 7032; 2018 c 298 s 7013; 2017 c 52 s 15; 2012 c 229 s 821; 2010 c 245 s 9; 2008 c 205 s 2.]
Notes:
Effective date—2025 c 414: See note following RCW 79A.25.210.
Conflict with federal requirements—Effective date—2023 c 474: See notes following RCW 28A.320.330.
Effective date—2021 c 332: See note following RCW 43.19.501.
Effective date—2019 c 413: See note following RCW 28B.15.210.
Effective date—2018 c 298: See note following RCW 79.17.210.
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Findings—Expand on demand—System design plan endorsed—2010 c 245: See note following RCW 28B.50.020.

catchline: Capital budget projects—Objective analysis and scoring—Prioritized lists—Additional supporting information.


title: RCW 43.89.010

text:
The chief of the Washington state patrol is hereby authorized to establish a communications network which will inter-connect the law enforcement agencies of the state and its political subdivisions into a unified written communications system. The chief of the Washington state patrol is authorized to lease or purchase such facilities and equipment as may be necessary to establish and maintain the communications network.
(1) The communications network shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, or other public agency.
(2) This section does not prohibit the occasional use of the state's communications network by any other state or public agency thereof when the messages transmitted relate to the enforcement of the criminal laws of the state.
(3) The chief of the Washington state patrol shall fix the monthly operational charge to be paid by any department or agency of state government, or any city, county, city and county, or other public agency participating in the communications network: PROVIDED, That in computing charges to be made against a city, county, or city and county the state shall bear at least fifty percent of the costs of such service as its share in providing a modern unified communications network to the law enforcement agencies of the state. Of the fees collected pursuant to this section, one-half shall be deposited in the motor vehicle fund and one-half shall be deposited in the state patrol highway account. However, for the 2009-2011 fiscal biennium the fees collected pursuant to this section shall be deposited in the state general fund.
(4) The chief of the Washington state patrol is authorized to arrange for the connection of the communications network with the law enforcement communications system of any adjacent state, or the Province of British Columbia, Canada.
[ 2010 1st sp.s. c 37 s 930; 2000 2nd sp.s. c 4 s 7; 1993 sp.s. c 23 s 63; 1965 ex.s. c 60 s 2; 1965 c 8 s 43.89.010. Prior: 1963 c 160 s 1.]
Notes:
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Effective dates—2000 2nd sp.s. c 4 ss 4-10: "(1) Sections 4 and 7 through 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2000.
(2) Section 5 of this act takes effect September 1, 2000.
(3) Section 6 of this act takes effect March 1, 2002." [ 2000 2nd sp.s. c 4 s 36.]
Effective dates—1993 sp.s. c 23: "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 shall take effect immediately [May 28, 1993], except for sections 60 and 61, which shall take effect January 1, 1994." [ 1993 sp.s. c 23 s 65.]
Effective date—1965 ex.s. c 60: "This 1965 amendatory act shall take effect on July 1, 1965." [ 1965 ex.s. c 60 s 6.]

catchline: Communications network—Establishment—Use—Charges—Duties of chief of state patrol.


title: RCW 43.89.030

text:
Any city, county, city and county, or other public agency may connect with and participate in the teletypewriter communications network subject to the rules, regulations, procedures and methods of operation adopted by the state communications advisory committee: PROVIDED, That such city, county, city and county, or other public agency shall first agree to pay such installation charges as may be necessary for such connection and such monthly operational charges as may be established by the chief of the Washington state patrol.
[ 1965 ex.s. c 60 s 4; 1965 c 8 s 43.89.030. Prior: 1963 c 160 s 3.]

catchline: Connection with and participation in network by political subdivisions.


title: RCW 43.89.050

text:
The transfer of the powers, duties, and functions relating to the state teletypewriter communication network from the director of budget to the chief of the Washington state patrol shall not terminate or affect the liability of the state accruing with respect to such communications network to any person, company, or corporation.
[ 1965 ex.s. c 60 s 5.]

catchline: Transfer of powers, duties and functions not to terminate or affect state liability.


title: RCW 43.92.010

text:
There shall be a geological survey of the state that shall be under the direction of the commissioner of public lands who shall have general charge of the survey, and shall appoint as supervisor of the survey a geologist of established reputation, to be known as the state geologist.
[ 2006 c 340 s 2; 1988 c 127 s 28; 1965 c 8 s 43.92.010. Prior: 1901 c 165 s 1; 1890 p 647 s 1; 1890 p 249 s 1; RRS s 5993.]

catchline: State geologist.


title: RCW 43.92.020

text:
The geological survey shall have for its objects:
(1) An examination of the economic products of the state, including: Gold, silver, copper, lead, and iron ores, as well as building stones, clays, coal, and all mineral substances of value;
(2) An examination and classification of soils, and the study of their adaptability to particular crops;
(3) An investigation and report upon the water supplies, artesian wells, the water power of the state, gauging the streams, etc., with reference to their application for irrigation and other purposes;
(4) An examination and report upon the occurrence of different road building material;
(5) An examination of the physical features of the state with reference to their practical bearing upon the occupations of the people;
(6) The preparation of special geological and economic maps to illustrate the resources of the state;
(7) The preparation of special reports with necessary illustrations and maps, which shall embrace both the general and detailed description of the geology and natural resources of the state; and
(8) The consideration of similar scientific and economic questions that, in the judgment of the state geologist, is deemed of value to the people of the state.
[ 2006 c 340 s 3; 1965 c 8 s 43.92.020. Prior: 1901 c 165 s 2; 1890 p 249 s 3; 1890 p 648 ss 3, 4, 5, 6, 7; RRS s 5994.]

catchline: Objects of survey.


title: RCW 43.92.025

text:
(1) In addition to the objectives stated in RCW 43.92.020, the geological survey must conduct and maintain an assessment of seismic, landslide, and tsunami hazards in Washington. This assessment must apply the best practicable technology, including light detection and ranging (lidar) mapping, to identify and map volcanic, seismic, landslide, and tsunami hazards, and estimate potential hazard consequences and the likelihood of a hazard occurring.
(2) The geological survey must:
(a) Coordinate with state and local government agencies to compile existing data, including geological hazard maps and geotechnical reports, tending to inform geological hazard planning decisions;
(b) Acquire and process new data or update deficient data using the best practicable technology, including lidar;
(c) Create and maintain an efficient, publicly available database of lidar and geological hazard maps and geotechnical reports collected under (a) and (b) of this subsection; and
(d) Provide technical assistance to state and local government agencies on the proper interpretation and application of the results of the geological hazards assessment.
[ 2015 c 12 s 1; 2006 c 340 s 4.]

catchline: Seismic, landslide, and tsunami hazards—Assessment—Technical assistance.


title: RCW 43.92.040

text:
Regular and special reports of the geological survey, with proper illustrations and maps, shall be printed as directed by the state geologist. All reports shall be distributed or sold by the department of natural resources as the interests of the state and of science demand. All money obtained by the sale of reports under this section shall be paid into the state treasury.
[ 2006 c 340 s 5; 1965 c 8 s 43.92.040. Prior: 1901 c 165 s 4; RRS s 5996.]

catchline: Printing and distribution of reports.


title: RCW 43.92.060

text:
The state geologist may make provisions for topographic, geologic, and hydrographic surveys of the state in cooperation with the United States geological survey in such manner as in the opinion of the state geologist will be of the greatest benefit to the agricultural, industrial, and geological requirements of the state. However, the director of the United States geological survey must first agree to expend on the part of the United States upon such surveys a sum equal to that expended by the state.
[ 2006 c 340 s 6; 1965 c 8 s 43.92.060. Prior: 1903 c 157 s 1; 1901 c 165 s 6; RRS s 5998.]

catchline: Cooperation with federal geological survey.


title: RCW 43.92.070

text:
In order to complete the topographic map of the state and for the purpose of making more extensive stream measurements, and otherwise investigating and determining the water supply of the state, the state geologist may enter into such agreements with the director of the United States geological survey as will ensure that the surveys and investigations be carried on in the most economical manner, and that the maps and data be available for the use of the public as quickly as possible.
[ 2006 c 340 s 7; 1965 c 8 s 43.92.070. Prior: 1909 c 245 s 1; RRS s 5999.]

catchline: Topographic map—Stream measurements.


title: RCW 43.92.080

text:
In order to carry out the purposes of this chapter, all persons employed by the department of natural resources to carry out the duties of this chapter are authorized to enter and cross all land within the state as long as no damage is done to private property.
[ 2006 c 340 s 8; 1965 c 8 s 43.92.080. Prior: 1909 c 245 s 3; RRS s 6000.]

catchline: Entry on lands authorized.


title: RCW 43.92.090

text:
(1) The geological survey shall compile and maintain a comprehensive database of publicly available subsurface geologic information relating to Washington state. The geological survey must make the database available to the public in a searchable format via the geological survey's website.
(2) The subsurface geologic information contained on the website should include, but is not limited to, the following:
(a) Temperature gradient logs;
(b) Geothermal well records;
(c) High resolution magnetotelluric surveys;
(d) High resolution gravity surveys;
(e) Geothermal play fairway studies;
(f) Three-dimensional reflection seismic surveys; and
(g) Rock properties databases.
(3) The geological survey must:
(a) Coordinate with federal, state, and local agencies, and tribal governments, to compile existing subsurface geologic information;
(b) Acquire, process, and analyze new subsurface geologic data and update deficient data using the best practicable technology;
(c) Using available data, characterize the hazard of induced seismicity for high-potential geothermal play areas. Results of induced seismicity hazard studies must be made publicly available and updated as new information is available; and
(d) Provide technical assistance on the proper interpretation and application of subsurface geologic data and hazard assessments.
[ 2024 c 350 s 1.]

catchline: Subsurface geologic information.


title: RCW 43.92.900

text:
It is the intent of the legislature that there be an effective state geological survey that can produce essential information that provides for the health, safety, and economic well-being of the citizens.
[ 2006 c 340 s 1.]

catchline: Intent—2006 c 340.


title: RCW 43.950.010

text:
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Nothing in this 1965 reenactment of this title shall be construed as authorizing any new bond issues or new or additional appropriations of moneys but the bond issue authorizations herein contained shall be construed only as continuations of bond issues authorized by prior laws herein repealed and reenacted, and the appropriations of moneys herein contained are continued herein for historical purposes only and this act shall not be construed as a reappropriation thereof and no appropriation contained herein shall be deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the original enactment.
[ 1965 c 8 s 43.198.010. Formerly RCW 43.198.010.]

catchline: Continuation of existing law.


title: RCW 43.950.020

text:
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1965 c 8 s 43.198.020. Formerly RCW 43.198.020.]

catchline: Title, chapter, section headings not part of law.


title: RCW 43.950.030

text:
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 1965 c 8 s 43.198.030. Formerly RCW 43.198.030.]

catchline: Invalidity of part of title not to affect remainder.


title: RCW 43.950.040

text: See 1965 c 8 s 43.198.040. Formerly RCW 43.198.040.

catchline: Repeals and saving.