title: RCW 19.445.020

text:
(1) Except as provided in subsection (3) of this section, a private agreement that imposes a negative use restriction upon real property in this state so as to prohibit or restrict the use of such real property for a grocery store or pharmacy when the use would otherwise be permitted under applicable land use ordinances, including as a conditional use, is against public policy, is prohibited, and is void and unenforceable. It is unlawful for any person to enter an agreement that is prohibited by this section or for any person who is the beneficiary of a negative use restriction imposed by such an agreement to allow such a restriction agreed to on or after June 11, 2026, to remain or to refuse to release it.
(2) Except as provided in subsection (3) of this section, the prohibition in subsection (1) of this section:
(a) Applies to any private agreement incorporated into a contract, deed restriction, restrictive covenant, lease, memorandum of lease, or any other recorded or unrecorded instrument;
(b) Includes a private agreement limiting the size of a grocery store or pharmacy; and
(c) Applies to negative use restrictions that prohibit or restrict the use of real property for a pharmacy alone and to negative use restrictions that prohibit or restrict the use of real property for a drug store.
(3) This section does not apply to:
(a) An agreement imposing a negative use restriction that became effective prior to June 11, 2026;
(b) An agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery store or pharmacy after an owner or operator of a grocery store or pharmacy discontinues operations of the grocery store or pharmacy on the property for the purpose of relocating the grocery store or pharmacy, if the following conditions are met:
(i) When compared to the discontinued store, the relocated store or pharmacy is similar in size or larger and similar in the scope of products sold;
(ii) The relocated grocery store or pharmacy is located within two miles of the discontinued site, except as provided in RCW 19.445.030;
(iii) Relocation and the commencement of operations at the new site occurs within two years, subject to force majeure, following the discontinued store's or pharmacy's closure, except as provided in RCW 19.445.030; and
(iv) The negative use restriction imposed on the prior site does not have a term in excess of five years from the date of the closure, except as provided in RCW 19.445.030; or
(c)(i) Except as provided in (c)(ii) of this subsection, an agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery store or pharmacy in order to limit competition or conflicting uses within the confines of a retail center by allowing only a limited number of grocery stores or pharmacies within the retail center.
(ii) Except as provided in (b) of this subsection, it remains unlawful for any owner or operator who discontinues grocery store or pharmacy use at a site within a retail center for a period exceeding one year, or the time period under RCW 19.445.030, to seek to enforce a negative use restriction prohibiting or restricting grocery store or pharmacy uses within the retail center.
[ 2026 c 24 s 2.]

catchline: Private agreements—Negative use restrictions prohibition—Exceptions.


doc_type: statute

jurisdiction: wa

title: RCW 19.445.030

text:
(1) A city, town, or county may establish that upon the written request of an owner or operator and the requestor's presentation of evidence establishing extenuating circumstances that demonstrate good cause for the extension, the city, town, or county may, by written determination, extend the following as they apply to the requestor:
(a) The distance limit in RCW 19.445.020(b)(ii) to no more than five miles;
(b) The time requirement in RCW 19.445.020(b)(iii);
(c) The term limit in RCW 19.445.020(b)(iv); and
(d) The time period in RCW 19.445.020(c)(ii).
(2) Factors for considering good cause include but are not limited to:
(a) Maintaining or increasing food and medicine access in the surrounding area, including the area around the discontinued site;
(b) Needs related to financing and construction for the new location; and
(c) Promoting private investment in the surrounding area.
[ 2026 c 24 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Negative use restrictions—Good cause extensions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.445.040

text:
A party who enters a private agreement that imposes a negative use restriction upon real property in this state so as to prohibit or restrict the use of such real property for a grocery store or pharmacy when the use would otherwise be permitted under applicable land use ordinances, including as a conditional use, shall within 10 days of entering the private agreement, notify the attorney general and the appropriate local jurisdiction, as follows, of the negative use restriction:
(1) The city or town, if the real property is located within an incorporated city or town; or
(2) The county legislative authority, if the real property is located in an unincorporated area of the county.
[ 2026 c 24 s 4.]


title: RCW 19.445.050

text:
(1) The attorney general or a city, town, or county may enforce this chapter through a cause of action in a court of competent jurisdiction including declaratory relief, injunctive relief, or other legal or equitable remedy as appropriate to carry out the purpose and intent of this chapter.
(2) A city or town may enforce this chapter with respect to real property located in the city or town. A county may only enforce this chapter with respect to real property located in an unincorporated area of the county.
(3) Nothing in this chapter prevents a city, town, or county from enacting or enforcing an ordinance imposing a civil penalty, or authorizing other relief, for a violation of a local ordinance that is similar to the prohibition in RCW 19.445.020.
[ 2026 c 24 s 5.]

catchline: Enforcement.


title: RCW 19.450.010

text:
(1) Any person selling goods or services shall calculate and remit all taxes and fees imposed by state or municipal taxing authorities based on the sales price before any transaction rounding authorized by RCW 1.100.010.
(2) No action taken in compliance with RCW 1.100.010 by any person selling goods or services constitutes a violation of any state or municipal requirements, laws, regulations, or standards.
[ 2026 c 138 s 2.]
Notes:
Automatic expiration date and tax preference performance statement exemption—2026 c 131: See note following RCW 1.100.010.

catchline: Transaction rounding—Calculation and remittance of all taxes and fees—No action constitutes violation.


title: RCW 19.48.010

text:
Any building held out to the public to be an inn, hotel or public lodging house or place where sleeping accommodations, whether with or without meals, or the facilities for preparing the same, are furnished for hire to transient guests, in which three or more rooms are used for the accommodation of such guests, shall for the purposes of this chapter and chapter 60.64 RCW, or any amendment thereof, only, be defined to be a hotel, and whenever the word hotel shall occur in this chapter and chapter 60.64 RCW, or any amendment thereof, it shall be construed to mean a hotel as herein described.
[ 1999 c 95 s 1; 1929 c 216 s 1; 1915 c 190 s 1; 1909 c 29 s 1; RRS s 6860. FORMER PART OF SECTION: 1933 c 114 s 1, part; 1929 c 216 s 2, part; 1915 c 190 s 3, part; 1890 p 95 s 1, part; RRS s 6862, part, now codified in RCW 19.48.030.]
Notes:
Guest defined: RCW 60.64.010.

catchline: Definitions.


title: RCW 19.48.020

text:
Every hotel and trailer camp shall keep a record of the arrival and departure of its guests in such a manner that the record will be a permanent one for at least one year from the date of departure: PROVIDED, That this requirement shall not apply with respect to guests of tenants in mobile home parks, as defined in RCW 59.20.030.
[ 1979 ex.s. c 186 s 14; 1955 c 138 s 1; 1915 c 190 s 2; RRS s 6861.]
Notes:
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.

catchline: Record of guests—Hotels and trailer camps.


title: RCW 19.48.030

text:
Whenever the proprietor, keeper, owner, operator, lessee, or manager of any hotel, lodging house or inn shall provide a safe or vault for the safekeeping of any money, bank notes, jewelry, precious stones, ornaments, railroad mileage books or tickets, negotiable securities or other valuable papers, bullion, or other valuable property of small compass belonging to the guests, boarders or lodgers of such hotel, lodging house or inn, and shall notify the guests, boarders or lodgers thereof by posting a notice in three or more public and conspicuous places in the office, elevators, public rooms, elevator lobbies, public corridors, halls or entrances, or in the public parlors of such hotel, lodging house or inn, stating the fact that such safe or vault is provided in which such property may be deposited; and if such guests, boarders or lodgers shall neglect to deliver such property to the person in charge of such office, for deposit in the safe or vault, the proprietor, keeper, owner, operator, lessee or manager, whether individual, partnership or corporation, of such hotel, lodging house or inn shall not be liable for any loss or destruction of any such property, or any damage thereto, sustained by such guests, boarders or lodgers, by negligence of such proprietor, keeper, owner, operator, lessee or manager, or his, her, their or its employees, or by fire, theft, burglary, or any other cause whatsoever; but no proprietor, keeper, owner, operator, lessee or manager of any hotel, lodging house or inn, shall be obliged to receive property on deposit for safekeeping exceeding one thousand dollars in value; and if such guests, boarders or lodgers shall deliver such property to the person in charge of said office for deposit in such safe or vault, said proprietor, keeper, owner, operator, lessee, or manager, shall not be liable for the loss or destruction thereof, or damage thereto, sustained by such guests, boarders or lodgers in any such hotel, lodging house, or inn, exceeding the sum of one thousand dollars, notwithstanding said property may be of greater value, unless by special arrangement in writing with such proprietor, keeper, owner, operator, lessee or manager: PROVIDED, HOWEVER, That in case of such deposit of such property, the proprietor, keeper, owner, operator, lessee or manager of such hotel, lodging house, or inn, shall in no event be liable for loss or destruction thereof, or damage thereto, unless caused by the theft or gross negligence of such proprietor, keeper, owner, operator, lessee, or manager, of his, her, their, or its agents, servants or employees.
[ 1933 c 114 s 1; 1929 c 216 s 2; 1915 c 190 s 3; 1890 p 95 s 1; RRS s 6862. Formerly RCW 19.48.010, part, 19.48.030 through 19.48.060.]

catchline: Liability for loss of valuables when safe or vault furnished—Limitation.


title: RCW 19.48.070

text:
Except as provided for in RCW 19.48.030, the proprietor, keeper, owner, operator, lessee, or manager, whether individual, partnership, or corporation, of a hotel, lodging house, or inn, shall not be liable for the loss or destruction of, or damage to any personal property brought or sent into such hotel, lodging house, or inn, by or for any of the guests, boarders, or lodgers thereof, unless such loss, destruction, or damage is occasioned by the gross negligence of such proprietor, keeper, owner, operator, lessee, or manager, or his, her, their, or its agents, servants, or employees; but in no event shall such liability exceed the sum of two hundred dollars, unless such proprietor, keeper, owner, operator, lessee, or manager, shall have contracted in writing with such guest, boarder, or lodger to assume a greater liability: PROVIDED, HOWEVER, That in no event shall liability of the proprietor, keeper, owner, operator, lessee, or manager, or his, her, their, or its agents, servants or employees, of a hotel, lodging house, or inn exceed the following: For a guest, boarder, or lodger, paying twenty-five cents per day, for lodging, or for any person who is not a guest, boarder, or lodger, the liability for loss, destruction, or damage, shall not exceed the sum of fifty dollars for a trunk and contents, ten dollars for a suitcase or valise and contents, five dollars for a box, bundle, or package, and ten dollars for wearing apparel or miscellaneous effects. For a guest, boarder, or lodger, paying fifty cents a day for lodging, the liability for loss, destruction, or damage shall not exceed seventy-five dollars for a trunk and contents, twenty dollars for a suitcase or valise and contents, ten dollars for a box, bundle, or package and contents, and twenty dollars for wearing apparel and miscellaneous effects. For a guest, boarder, or lodger paying more than fifty cents per day for lodging, the liability for loss, destruction, or damage shall not exceed one hundred fifty dollars for a trunk and contents, fifty dollars for a suitcase or valise and contents, ten dollars for a box, bundle, or package and contents, and fifty dollars for wearing apparel and miscellaneous effects, unless in such case such proprietor, keeper, owner, operator, lessee, or manager of such hotel, lodging house, or inn, shall have consented in writing to assume a greater liability: AND PROVIDED FURTHER, Whenever any person shall suffer his or her baggage or property to remain in any hotel, lodging house, or inn, after leaving the same as a guest, boarder, or lodger, and after the relation of guest, boarder, or lodger between such person and the proprietor, keeper, owner, operator, lessee, or manager of such hotel, lodging house, or inn, has ceased, or shall forward or deliver the same to such hotel, lodging house, or inn, before, or without, becoming a guest, boarder, or lodger thereof, and the same shall be received into such hotel, lodging house, or inn, the liability of such proprietor, keeper, owner, operator, lessee, or manager thereof shall in no event exceed the sum of one hundred dollars, and such proprietor, keeper, owner, operator, lessee, or manager, may at his, her, their or its option, hold such baggage or property at the risk of such owner thereof; and when any baggage or property has been kept or stored by such hotel, lodging house, or inn, for six months after such relation of guest, boarder, or lodger has ceased, or when such relation does not exist, after six months from the receipt of such baggage or property in such hotel, lodging house, or inn, such proprietor, keeper, owner, operator, lessee, or manager, may, if he, she, they or it so desires, sell the same at public auction in the manner now or hereinafter provided by law for the sale of property to satisfy a hotel keeper's lien, and from the proceeds of such sale pay or reimburse himself or herself the expenses incurred for advertisement and sale, as well as any storage that may have accrued, and any other amounts owing by such person to said hotel, lodging house, or inn: PROVIDED, That when any such baggage or property is received, kept, or stored therein after such relation does not exist, such proprietor, keeper, owner, operator, lessee, or manager, may, if he, she, or it, so desires, deliver the same at any time to a storage or warehouse company for storage, and in such event all responsibility or liability of such hotel, lodging house, or inn, for such baggage or property, or for storage charges thereon, shall thereupon cease and terminate.
[ 2011 c 336 s 541; 1929 c 216 s 3; 1917 c 57 s 1; 1915 c 190 s 4; RRS s 6863. Formerly RCW 19.48.070 through 19.48.100.]

catchline: Liability for loss of baggage and other property—Limitation—Storage—Disposal.


title: RCW 19.48.110

text:
(1)(a) Any person who willfully obtains food, money, credit, use of ski area facilities, lodging or accommodation at any hotel, inn, restaurant, commercial ski area, boarding house or lodging house, without paying therefor, with intent to defraud the proprietor, owner, operator or keeper thereof; or who obtains food, money, credit, use of ski area facilities, lodging or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house or lodging house, by the use of any false pretense; or who, after obtaining food, money, credit, use of ski area facilities, lodging, or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, removes or causes to be removed from such hotel, inn, restaurant, commercial ski area, boarding house or lodging house, his or her baggage, without the permission or consent of the proprietor, manager or authorized employee thereof, before paying for such food, money, credit, use of ski area facilities, lodging or accommodation, is guilty of a gross misdemeanor, except as provided in (b) of this subsection.
(b) If the aggregate amount of food, money, use of ski area facilities, lodging or accommodation, or credit so obtained is seventy-five dollars or more such person is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Proof that food, money, credit, use of ski area facilities, lodging or accommodation were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that the person refused or neglected to pay for such food, money, credit, use of ski area facilities, lodging or accommodation on demand, or that he or she gave in payment for such food, money, credit, use of ski area facilities, lodging or accommodation, negotiable paper on which payment was refused, or that he or she absconded, or departed from, or left, the premises without paying for such food, money, credit, use of ski area facilities, lodging or accommodation, or that he or she removed, or attempted to remove, or caused to be removed, or caused to be attempted to be removed his or her property or baggage, shall be prima facie evidence of the fraudulent intent hereinbefore mentioned.
[ 2003 c 53 s 146; 1985 c 129 s 2; 1974 ex.s. c 21 s 1; 1929 c 216 s 6; 1915 c 190 s 7; 1890 p 96 s 2; RRS s 6866. Formerly RCW 19.48.110, 19.48.120.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Legislative findings—1985 c 129: "The legislature finds that commercial ski areas, which contribute significantly to the economic well-being of the state, suffer substantial financial losses from the fraudulent use of their facilities by persons who obtain services without paying for them. It is therefore the intent of the legislature that the law that protects hotels, inns, and restaurants from such fraud be extended to also protect commercial ski areas." [ 1985 c 129 s 1.]
Leaving restaurant or hotel or motel without paying: RCW 4.24.230.

catchline: Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud—Penalty.


title: RCW 19.52.005

text:
RCW 19.52.005, 19.52.020, 19.52.030, 19.52.032, 19.52.034, and 19.52.036 are enacted in order to protect the residents of this state from debts bearing burdensome interest rates; and in order to better effect the policy of this state to use this state's policies and courts to govern the affairs of our residents and the state; and in recognition of the duty to protect our citizens from oppression generally.
[ 1967 ex.s. c 23 s 2.]
Notes:
Severability—1967 ex.s. c 23: "If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby." [ 1967 ex.s. c 23 s 8.]
Savings—1967 ex.s. c 23: "The provisions of this 1967 amendatory act shall not apply to transactions entered into prior to the effective date hereof." [ 1967 ex.s. c 23 s 9.]

catchline: Declaration of policy.


title: RCW 19.52.010

text:
(1) Except as provided in subsection (2) of this section, every loan or forbearance of money, goods, or thing in action shall bear interest at the rate of twelve percent per annum where no different rate is agreed to in writing between the parties: PROVIDED, That with regard to any transaction heretofore or hereafter entered into subject to this section, if an agreement in writing between the parties evidencing such transaction provides for the payment of money at the end of an agreed period of time or in installments over an agreed period of time, then such agreement shall constitute a writing for purposes of this section and satisfy the requirements thereof. The discounting of commercial paper, where the borrower makes himself or herself liable as maker, guarantor, or indorser, shall be considered as a loan for the purposes of this chapter.
(2)(a) Prejudgment interest charged or collected on medical debt, as defined in RCW 19.16.100, must not exceed nine percent.
(b) For any medical debt for which prejudgment interest has accrued or may be accruing as of July 28, 2019, no prejudgment interest in excess of nine percent shall accrue thereafter.
(3) A lease shall not be considered a loan or forbearance for the purposes of this chapter if:
(a) It constitutes a "consumer lease" as defined in RCW 63.10.020;
(b) It constitutes a lease-purchase agreement under chapter 63.19 RCW; or
(c) It would constitute such "consumer lease" but for the fact that:
(i) The lessee was not a natural person;
(ii) The lease was not primarily for personal, family, or household purposes; or
(iii) The total contractual obligation exceeded twenty-five thousand dollars.
[ 2019 c 227 s 5; 2011 c 336 s 542; 1992 c 134 s 13. Prior: 1983 c 309 s 1; 1983 c 158 s 6; 1981 c 80 s 1; 1899 c 80 s 1; RRS s 7299; prior: 1895 c 136 s 1; 1893 c 20 s 1; Code 1881 s 2368; 1863 p 433 s 1; 1854 p 380 s 1.]
Notes:
Short title—1992 c 134: See RCW 63.19.900.

catchline: Rate in absence of agreement—Exception for prejudgment interest—Application to consumer leases.


title: RCW 19.52.020

text:
(1) Except as provided in subsection (4) of this section, any rate of interest shall be legal so long as the rate of interest does not exceed the higher of: (a) Twelve percent per annum; or (b) four percentage points above the equivalent coupon issue yield (as published by the Board of Governors of the Federal Reserve System) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the later of (i) the establishment of the interest rate by written agreement of the parties to the contract, or (ii) any adjustment in the interest rate in the case of a written agreement permitting an adjustment in the interest rate. No person shall directly or indirectly take or receive in money, goods, or things in action, or in any other way, any greater interest for the loan or forbearance of any money, goods, or things in action.
(2)(a) In any loan of money in which the funds advanced do not exceed the sum of five hundred dollars, a setup charge may be charged and collected by the lender, and such setup charge shall not be considered interest hereunder.
(b) The setup charge shall not exceed four percent of the amount of funds advanced, or fifteen dollars, whichever is the lesser, except that on loans of under one hundred dollars a minimum not exceeding four dollars may be so charged.
(3) Any loan made pursuant to a commitment to lend at an interest rate permitted at the time the commitment is made shall not be usurious. Credit extended pursuant to an open-end credit agreement upon which interest is computed on the basis of a balance or balances outstanding during a billing cycle shall not be usurious if on any one day during the billing cycle the rate at which interest is charged for the billing cycle is not usurious.
(4)(a) Prejudgment interest charged or collected on medical debt, as defined in RCW 19.16.100, must not exceed nine percent.
(b) For any medical debt for which prejudgment interest has accrued or may be accruing as of July 28, 2019, no prejudgment interest in excess of nine percent shall accrue thereafter.
[ 2019 c 227 s 6; 1989 c 14 s 3; 1985 c 224 s 1; 1981 c 78 s 1; 1967 ex.s. c 23 s 4; 1899 c 80 s 2; RRS s 7300. Prior: 1895 c 136 s 2; 1893 c 20 s 3; Code 1881 s 2369; 1863 p 433 s 2; 1854 p 380 s 2.]
Notes:
Effective date—1985 c 224: "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, 1985." [ 1985 c 224 s 2.]
Severability—1981 c 78: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 78 s 7.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005.
Interest on judgments: RCW 4.56.110.

catchline: Highest rate permissible—Setup charges.


title: RCW 19.52.025

text:
Each month the state treasurer shall compute the highest rate of interest permissible under RCW 19.52.020(1), and the rate of interest required by RCW 4.56.110(3) and 4.56.115, for the succeeding calendar month. The treasurer shall file these rates with the state code reviser for publication in the next available issue of the Washington State Register in compliance with RCW 34.08.020(8).
[ 2004 c 185 s 4; 1986 c 60 s 1.]

catchline: Computation of rates—Publication in the Washington State Register.


title: RCW 19.52.030

text:
(1) If a greater rate of interest than is allowed by statute shall be contracted for or received or reserved, the contract shall be usurious, but shall not, therefore, be void. If in any action on such contract proof be made that greater rate of interest has been directly or indirectly contracted for or taken or reserved, the creditor shall only be entitled to the principal, less the amount of interest accruing thereon at the rate contracted for; and if interest shall have been paid, the creditor shall only be entitled to the principal less twice the amount of the interest paid, and less the amount of all accrued and unpaid interest; and the debtor shall be entitled to costs and reasonable attorneys' fees plus the amount by which the amount the debtor has paid under the contract exceeds the amount to which the creditor is entitled: PROVIDED, That the debtor may not commence an action on the contract to apply the provisions of this section if a loan or forbearance is made to a corporation engaged in a trade or business for the purposes of carrying on said trade or business unless there is also, in connection with such loan or forbearance, the creation of liability on the part of a natural person or that person's property for an amount in excess of the principal plus interest allowed pursuant to RCW 19.52.020. The reduction in principal shall be applied to diminish pro rata each future installment of principal payable under the terms of the contract.
(2) The acts and dealings of an agent in loaning money shall bind the principal, and in all cases where there is usurious interest contracted for by the transaction of any agent the principal shall be held thereby to the same extent as though the principal had acted in person. Where the same person acts as agent of the borrower and lender, that person shall be deemed the agent of the lender for the purposes of this chapter. If the agent of both the borrower and lender, or of the lender only, transacts a usurious loan for a commission or fee, such agent shall be liable to the principal for the amount of the commission or fee received or reserved by the agent, and liable to the lender for the loss suffered by the lender as a result of the application of this chapter.
[ 1989 c 14 s 7; 1967 ex.s. c 23 s 5; 1899 c 80 s 7; RRS s 7304. Prior: 1895 c 136 s 5; 1893 c 20 s 3. Formerly RCW 19.52.030 through 19.52.050.]
Notes:
Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005.

catchline: Usury—Penalty upon suit on contract—Costs and attorneys' fees.


title: RCW 19.52.032

text:
The debtor, if a natural person, or the creditor may bring an action for declaratory judgment to establish whether a loan or forbearance contract is or was usurious, and such an action shall be considered an action on the contract for the purposes of applying the provisions of RCW 19.52.030. Such an action shall be brought against the current creditor or debtor on the contract or, if the loan or debt has been fully repaid, by the debtor against the creditor to whom the debtor was last indebted on the contract. No such an action shall be commenced after six months following the date the final payment becomes due, whether by acceleration or otherwise, nor after six months following the date the principal is fully paid, whichever first occurs. If the debtor commences such an action and fails to establish usury, and if the court finds the action was frivolously commenced, the defendant or defendants may, in the court's discretion, recover reasonable attorney's fees from the debtor.
[ 1967 ex.s. c 23 s 6.]
Notes:
Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005.

catchline: Declaratory judgment action to establish usury—Time limitations for commencing.


title: RCW 19.52.034

text:
Whenever a loan or forbearance is made outside Washington state to a person then residing in this state the usury laws found in chapter 19.52 RCW, as now or hereafter amended, shall be applicable in all courts of this state to the same extent such usury laws would be applicable if the loan or forbearance was made in this state.
[ 1967 ex.s. c 23 s 3.]
Notes:
Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005.

catchline: Application of chapter 19.52 RCW to loan or forbearance made outside state.


title: RCW 19.52.036

text:
Entering into or transacting a usurious contract is hereby declared to be an unfair act or practice in the conduct of commerce for the purpose of the application of the consumer protection act found in chapter 19.86 RCW.
[ 1967 ex.s. c 23 s 7.]
Notes:
Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005.

catchline: Application of consumer protection act.


title: RCW 19.52.060

text:
Any corporation, partnership or individual who furnishes the public any goods, wares, merchandise, pledge, security, insurance or transportation of which the price, rate or tariff is by law required to be published, shall, when any price, rate or tariff is charged in excess of the existing and established price, rate or tariff, refund to the person, partnership or corporation so overcharge, or to the assignee of such claim, the amount of such overcharge, and on failure so to do, the claim for such overcharge shall bear interest at the rate of eight percent per annum until paid.
[ 1907 c 187 s 1; RRS s 5841.]

catchline: Interest on charges in excess of published rates.


title: RCW 19.52.080

text:
Profit and nonprofit corporations, Massachusetts trusts, associations, trusts, general partnerships, joint ventures, limited partnerships, and governments and governmental subdivisions, agencies, or instrumentalities may not plead the defense of usury nor maintain any action thereon or therefor, and persons may not plead the defense of usury nor maintain any action thereon or therefor if the transaction was primarily for agricultural, commercial, investment, or business purposes: PROVIDED, HOWEVER, That this section shall not apply to a consumer transaction of any amount.
Consumer transactions, as used in this section, shall mean transactions primarily for personal, family, or household purposes.
[ 1981 c 78 s 2; 1975 1st ex.s. c 180 s 1; 1970 ex.s. c 97 s 2; 1969 ex.s. c 142 s 1.]
Notes:
Severability—1981 c 78: See note following RCW 19.52.020.

catchline: Defense of usury or maintaining action thereon prohibited if transaction primarily agricultural, commercial, investment, or business—Exception.


title: RCW 19.52.090

text:
No person may plead the defense of usury or maintain any action thereon or therefor for the interest charged on the unpaid balance of a contract for the sale and purchase of personal property which was not purchased primarily for personal, family or household use or real property if the purchase was made after May 1, 1980 and prior to March 1, 1981.
[ 1981 c 78 s 9.]
Notes:
Severability—1981 c 78: See note following RCW 19.52.020.

catchline: Defense of usury or maintaining action thereon prohibited for certain types of transactions after May 1, 1980, and prior to March 1, 1981.


title: RCW 19.52.100

text:
This chapter shall not apply to a retail installment transaction, as defined by RCW 63.14.010, whether or not it is construed to be a loan or forbearance of any money, goods, or things in action.
[ 1981 c 78 s 3.]
Notes:
Severability—1981 c 78: See note following RCW 19.52.020.

catchline: Chapter not applicable to retail installment transactions.


title: RCW 19.52.110

text:
The interest charged by any broker-dealer registered under chapter 21.20 RCW and under the federal securities and exchange act of 1934, as amended, shall not be subject to the limitations imposed by this chapter if the underlying loans (1) may be paid in full at the option of the borrower and (2) are subject to the credit regulations of the board of governors of the federal reserve system, or its successor.
[ 1981 c 79 s 1.]

catchline: Limitations in chapter not applicable to interest charged by broker-dealers—When.


title: RCW 19.52.120

text:
A sales contract for goods or services providing for the deferred payment of the purchase price shall not be subject to this chapter, regardless of who seeks to enforce the contract, notwithstanding the existence or occurrence of any one or more of the following events:
(1) That the seller may have arranged to sell, pledge, indorse, negotiate, assign, or transfer the obligations thereof to any person, including a financing organization, prior to or subsequent to or concurrently with the making of the sales transaction;
(2) That the amount of the finance charge, however denominated, is determined by reference to charts, computations or information supplied by such person;
(3) That the form or forms of instruments used to evidence the sales transaction have been supplied or prepared by such person;
(4) That the credit standing of the purchaser is or may have been evaluated by such person;
(5) That the sales transaction and the execution of any instrument evidencing the same is negotiated in the presence or with the assistance of a representative of such person;
(6) That the instrument or instruments used to evidence the sales transaction are pledged, indorsed, negotiated, assigned, or transferred by the seller to such person;
(7) That there is an underlying agreement between the seller and such person concerning the pledging, indorsing, negotiation, assigning, or transferring of sales contracts; or
(8) That the financing organization or its affiliates also provide franchising, financing, or other services to the seller-assignor.
[ 1981 c 77 s 7.]
Notes:
Application, saving—1981 c 77: See RCW 63.14.903.

catchline: Sales contract providing for deferred payment of purchase price not subject to chapter.


title: RCW 19.52.130

text:
(1) Nothing contained in this chapter shall be deemed to limit any charge made by an assignee of a retail installment contract or charge agreement to the seller-assignor upon the sale, transfer, assignment, or discount of the contract or agreement, notwithstanding retention by the assignee of recourse rights and notwithstanding duties retained by the assignee to service delinquencies, perform service or warranty agreements regarding the property which is the subject matter of the assigned or discounted contracts or charge agreements, or to do or perform any other duty with respect to the account or contract assigned or the subject matter of such account or contract.
(2) No agreement between a credit card issuing bank and retailer shall prohibit the retailer from granting general discounts for the payment of cash, not in excess of the percentage allowed by Regulation Z, the Federal Truth in Lending Act.
[ 1981 c 77 s 8.]
Notes:
Application, saving—1981 c 77: See RCW 63.14.903.

catchline: Charge made by assignee of retail installment contract or charge agreement to seller-assignor not limited by chapter—No agreement between credit card issuing bank and retailer shall prohibit discounts for cash payment.


title: RCW 19.52.140

text:
This chapter does not apply in respect to interest, penalties, or costs imposed on delinquent property taxes under chapter 84.64 RCW.
[ 1981 c 322 s 8.]

catchline: Chapter not applicable to interest, penalties, or costs on delinquent property taxes.


title: RCW 19.52.160

text:
This chapter shall not apply to the financing of mobile homes which meets the definition of real property contained in RCW 84.04.090, and which financing is insured by a federal instrumentality.
[ 1985 c 395 s 6.]

catchline: Chapter not applicable to mobile homes.


title: RCW 19.52.170

text:
This chapter does not apply to any loan permitted under applicable federal law and regulations from a tax-qualified retirement plan to a person then a participant or a beneficiary under the plan.
This section affects loans being made, negotiated, renegotiated, extended, renewed, or revised on or after April 20, 1989.
[ 1989 c 138 s 1.]

catchline: Chapter not applicable to certain loans from tax-qualified retirement plan.


title: RCW 19.52.900

text:
Chapter 78, Laws of 1981 shall apply only to loans or forbearances or transactions which are entered into after May 8, 1981, or to existing loans or forbearances, contracts or agreements which were not primarily for personal, family, or household use to which there is an addition to the principal amount of the credit outstanding after May 8, 1981: PROVIDED, HOWEVER, That nothing in chapter 78, Laws of 1981 shall be construed as implying that agricultural or investment purposes are not already included within the meaning of "commercial or business purposes" as used in RCW 19.52.080 as in effect prior to May 8, 1981.
[ 1989 c 8 s 2; 1981 c 78 s 10.]
Notes:
Severability—1981 c 78: See note following RCW 19.52.020.

catchline: Application—Construction—1981 c 78.


title: RCW 19.56.010

text:
Whenever any person, company or corporation owning or controlling any newspaper or periodical of any kind, or whenever any editor or proprietor of any such newspaper or periodical shall mail or send any such newspaper or periodical to any person or persons in this state without first receiving an order for said newspaper or periodical from such person or persons to whom said newspaper or periodical is mailed or sent, it shall be deemed to be a gift, and no debt or obligation shall accrue against such person or persons, whether said newspaper or periodical is received by the person or persons to whom it is sent or not.
[ 2000 c 171 s 55; 1890 p 460 s 1; RRS s 5842.]

catchline: Newspaper mailed without authority is gift.


title: RCW 19.56.020

text:
If unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift only, and is not bound to return the goods or services. Goods or services are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the receipt of the goods or services according to the terms under which they are being offered. Goods or services are not considered to have been requested if a person fails to respond to an invitation to purchase the goods or services and the goods or services are provided notwithstanding. If the unsolicited goods or services are either addressed to or intended for the recipient, the recipient may use them or dispose of them in any manner without any obligation to the provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it is a complete defense that the goods or services were provided voluntarily and that the defendant did not affirmatively order or request the goods or services, either orally or in writing.
[ 1992 c 43 s 1; 1967 c 57 s 1.]

catchline: Unsolicited goods or services as gifts.


title: RCW 19.56.030

text:
Violation of RCW 19.56.020 is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Failure to comply with this chapter is not reasonable in relation to the development and preservation of business. A violation of RCW 19.56.020 constitutes an unfair or deceptive act or practice in trade or commerce for the purposes of applying chapter 19.86 RCW.
[ 1992 c 43 s 2.]

catchline: Violation—Application of consumer protection act.


title: RCW 19.58.010

text:
The purpose of this chapter is to establish fair and open procedures for bidding and negotiation for the right to exhibit motion pictures in the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution and exhibition within the state; to promote fair and effective competition in that business; and to insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting the motion picture in their communities.
[ 1979 ex.s. c 29 s 1.]

catchline: Purpose.


title: RCW 19.58.020

text:
The definitions contained in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bid" means a written or oral offer or proposal to buy made by an exhibitor to a distributor in response to an invitation to bid for the license or right to exhibit a motion picture, the license stating the terms under which the exhibitor agrees to exhibit the motion picture.
(2) "Blind bidding" means the exhibitor's bidding or negotiating for, or the exhibitor's offering or agreeing to, terms for the license or right to exhibit a feature motion picture at any time either before the feature motion picture has been trade screened within the state or before the feature motion picture has been otherwise made available for viewing within the state by all exhibitors.
(3) "Blind selling" means the practice whereby a distributor licenses a feature motion picture before the exhibitor is afforded an opportunity to view the feature motion picture by trade screening.
(4) "Buying" or "selling" of the right to exhibit a feature motion picture means the licensing of a theater to show the feature motion picture for a certain number of days for a certain price.
(5) "Distributor" means a person engaged in the business of distributing or supplying more than one feature motion picture per year to exhibitors by rental, sale, licensing, or other agreement.
(6) "Exhibit" or "exhibition" means playing or showing a feature motion picture to the public for an admission charge.
(7) "Exhibitor" means a person in the business of operating one or more theaters in which motion pictures are exhibited to the public.
(8) "Feature motion picture" means a motion picture exceeding sixty minutes in duration.
(9) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the license or right to exhibit a feature motion picture.
(10) "Licensing agreement" means a contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a feature motion picture by the exhibitor.
(11) "Person" means one or more individuals, firms, partnerships, associations, societies, trusts, organizations, or corporations.
(12) "Run" means the continuous exhibition of a feature motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of the feature motion picture in the defined area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is a run limited to a single theater in a defined geographic area and a "nonexclusive run" is a run in more than one theater in a defined geographic area.
(13) "Theater" means an establishment in which feature motion pictures are regularly exhibited to the public for an admission charge.
(14) "Trade screening" means the exhibition of a feature motion picture, prior to its release for public exhibition by a distributor, in the largest city within the state, which is open to all exhibitors from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the license or right to exhibit the feature motion picture.
[ 1979 ex.s. c 29 s 2.]

catchline: Definitions.


title: RCW 19.58.030

text:
(1) The buying or selling of the right to exhibit a feature motion picture by blind bidding or blind selling is prohibited within the state.
(2) No bids may be returnable, no negotiations for the exhibition or licensing of a motion picture may take place, and no license agreement or any of its terms may be agreed upon, for the exhibition of a feature motion picture within the state before the feature motion picture has either been trade screened or otherwise made available for viewing by all exhibitors within the state.
(3) A distributor shall provide reasonable and uniform notice of the trade screening of feature motion pictures to those exhibitors within the state from whom bids will be solicited or with whom negotiations will be conducted for the license or right to exhibit the feature motion picture.
(4) A purported waiver of the prohibition in this chapter against blind bidding or blind selling is void and unenforceable.
[ 1979 ex.s. c 29 s 3.]

catchline: Blind bidding or blind selling prohibited—Trade screening required—Notice.


title: RCW 19.58.040

text:
If bids are solicited from exhibitors for the licensing of a feature motion picture within the state, then:
(1) The invitation to bid shall specify: (a) Whether the run for which the bid is being solicited is a first, second, or subsequent run; whether the run is an exclusive or nonexclusive run; and, the geographic area for the run; (b) the names of all exhibitors who are being solicited; (c) the date and hour the invitation to bid expires; and (d) the time, date, and location, including the address, where the bids will be opened, which shall be within the state.
(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and who attend the bid opening.
(3) Immediately upon being opened, the bids shall be subject to examination by the exhibitors, or their agents, who submitted bids, and who are present at the opening. Within ten business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable.
(4) Once bids are solicited, the distributor shall license the feature motion picture only by bidding and may solicit rebids if none of the submitted bids are acceptable.
[ 1979 ex.s. c 29 s 4.]

catchline: Solicitation of bids.


title: RCW 19.58.050

text:
Any person aggrieved by a violation of this chapter may bring a civil action in superior court to enjoin further violations or to recover the actual damages sustained, or both, together with the costs of the suit. In any such action, the court shall award reasonable attorneys' fees to the prevailing party.
[ 1979 ex.s. c 29 s 5.]

catchline: Violation—Civil suit—Attorneys' fees.


title: RCW 19.58.900

text:
This chapter may be known and cited as the Washington motion picture fair competition act.
[ 1979 ex.s. c 29 s 6.]

catchline: Short title.


title: RCW 19.60.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Automated kiosk" means a self-serve interactive machine that purchases secondhand electronic devices.
(2) "Loan period" means the period of time from the date the loan is made until the date the loan is paid off, the loan is in default, or the loan is refinanced and new loan documents are issued, including all grace or extension periods.
(3) "Melted metals" means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed.
(4) "Metal junk" means any metal that has previously been milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals.
(5) "Nonmetal junk" means any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form except nonmetal junk does not include an item made in a former period which has enhanced value because of its age.
(6) "Pawnbroker" means every person engaged, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.
(7) "Precious metals" means gold, silver, and platinum.
(8) "Secondhand dealer" means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state. Secondhand dealer also includes persons or entities conducting business, more than three times per year, at flea markets or swap meets. Secondhand dealer also includes persons or entities operating an automated kiosk.
(9) "Secondhand precious metal dealer" means any person or entity engaged in whole or in part in the commercial activity or business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, more than three times per year, secondhand property that is a precious metal, whether or not the person or entity maintains a permanent or fixed place of business within the state, or engages in the business at flea markets or swap meets. The terms "precious metal" and "secondhand property," for purposes of transactions by a secondhand precious metal dealer, do not include: (a) Gold, silver, or platinum coins, or other precious metal coins, that are legal tender, or precious metal coins that have numismatic or precious metal value, (b) gold, silver, platinum, or other precious metal bullion, or (c) gold, silver, platinum, or other precious metal dust, flakes, or nuggets.
(10) "Secondhand property" means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less, except furs.
(11) "Transaction" means a pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker or a secondhand dealer from a member of the general public.
[ 2017 c 169 s 1. Prior: 2011 c 289 s 2; 1995 c 133 s 1; 1991 c 323 s 1; 1985 c 70 s 1; 1984 c 10 s 1; 1981 c 279 s 3; 1909 c 249 s 235; RRS s 2487. FORMER PARTS OF SECTION: (i) 1909 c 249 s 236; RRS s 2488, now codified as RCW 19.60.015. (ii) 1939 c 89 s 1; RRS s 2488-1, now codified as RCW 19.60.065.]
Notes:
Findings—Intent—2011 c 289: "The legislature finds:
(1) The market price of gold has increased significantly in recent years and there has been a proliferation of secondhand dealers, including temporary, transient secondhand businesses, engaging in "cash for gold" type precious metal transactions. Frequently, these "cash for gold" type operations are operated by persons desiring to exploit unsuspecting consumers based on current market conditions;
(2) The increasing number of "cash for gold" type transactions in communities and neighborhoods throughout Washington has been linked to increased crimes involving the theft of gold and other precious metal objects, including home burglaries, robberies, and other crimes, resulting in depressed home values and other threats to the health, safety, and welfare of Washington state residents; and
(3) With the growing number of precious metal transactions, there is a corresponding significant increase in the number of "cash for gold" type storefront businesses, including temporary, transient secondhand businesses, in Washington state which may not be consistent with the quality of life and personal security sought by communities and neighborhoods and the state as a whole.
Therefore, to better protect legitimate owners, consumers, and secondhand dealers, the legislature intends to establish and implement stricter standards relating to transactions involving property consisting of gold and other precious metals." [ 2011 c 289 s 1.]


title: RCW 19.60.014

text:
No person may operate as a pawnbroker unless the person maintains a fixed place of business within the state.
[ 1984 c 10 s 4.]

catchline: Fixed place of business required.


title: RCW 19.60.020

text:
(1) Every pawnbroker and secondhand dealer doing business in this state shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information:
(a) The signature of the person with whom the transaction is made;
(b) The date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee conducting the transaction, as required by the applicable chief of police or the county's chief law enforcement officer;
(d) The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made;
(e) A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color or stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun;
(f) The price paid or the amount loaned;
(g) The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required; and
(h) The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business and the name of the person or employee, conducting the transaction, and the location of the property.
(2) This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions, and shall be maintained wherever that business is conducted, or at the secondhand dealer's principal place of business if the transaction took place through the use of an automated kiosk, for three years following the date of the transaction.
[ 2017 c 169 s 2; 1991 c 323 s 2; 1984 c 10 s 3; 1909 c 249 s 229; RRS s 2481.]

catchline: Duty to record information.


title: RCW 19.60.025

text:
(1) For any transaction involving property consisting of a precious metal bought or received from an individual, every secondhand precious metal dealer doing business in this state shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction, the following information:
(a) The signature of the person with whom the transaction is made;
(b) The time and date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee conducting the transaction;
(d) The name, date of birth, sex, height, weight, race, and residential address and telephone number of the person with whom the transaction is made;
(e) A complete description of the precious metal property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color of stone or stones;
(f) The price paid;
(g) The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified, and a full copy of both sides of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; and
(h) The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business or location, including the street address, and room number if appropriate, and the name of the person or employee conducting the transaction, and the location of the property.
(2) The records required in subsection (1) of this section shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection by any commissioned law enforcement officer of the state or any of its political subdivisions, and shall be maintained wherever that business is conducted for three years following the date of the transaction.
[ 2011 c 289 s 3.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Duty to record information—Precious metal property.


title: RCW 19.60.040

text:
(1) Upon request, every pawnbroker and secondhand dealer doing business in the state shall furnish a full, true, and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the chief of police or the county's chief law enforcement officer within a specified time not less than twenty-four hours. This information may be transmitted to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county's chief law enforcement officer.
(2) If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the applicable chief of police or the county's chief law enforcement officer, together with the name of the owner, if known, and the date when, and the name of the person from whom it was received.
[ 1991 c 323 s 3; 1984 c 10 s 6; 1909 c 249 s 231; RRS s 2483.]

catchline: Report to chief law enforcement officer.


title: RCW 19.60.042

text:
If the applicable chief of police or the county's chief law enforcement officer has compiled and published a list of persons who have been convicted of any crime involving theft, then a secondhand precious metal dealer shall utilize such a list for any transaction involving property other than property consisting of a precious metal as required by the applicable chief of police or the county's chief law enforcement officer.
[ 2011 c 289 s 5.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Report to chief law enforcement officer—Precious metal dealers.


title: RCW 19.60.045

text:
Following notification from a law enforcement agency that an item of property has been reported as stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration, damage, or commingling. The pawnbroker or secondhand dealer shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for one hundred twenty days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within ten business days. If such written notice is not received within that period of time, then the hold order will cease. The pawnbroker or secondhand dealer shall give a twenty-day written notice before the expiration of the one hundred twenty-day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within twenty days, then the hold on the property shall continue for an additional one hundred twenty days. The applicable law enforcement agency may renew the holding period for additional one hundred twenty-day periods as necessary. After the receipt of notification from a pawnbroker or secondhand dealer, if an additional holding period is required, the applicable law enforcement agency shall give the pawnbroker or secondhand dealer written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost.
[ 1991 c 323 s 4; 1984 c 10 s 5.]
Notes:
Receiving stolen property: RCW 9A.56.140 through 9A.56.170.

catchline: Duties upon notification that property is reported stolen.


title: RCW 19.60.050

text:
Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by, or returned to the owner, within thirty days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions.
[ 1991 c 323 s 5; 1984 c 10 s 8; 1909 c 249 s 232; RRS s 2484.]
Notes:
Auction of secondhand property, exemption by rule of department of licensing: RCW 18.11.075.
Restoration of stolen property: RCW 9.54.130.

catchline: Retention of property by pawnbrokers—Inspection.


title: RCW 19.60.055

text:
(1) Property bought or received on consignment by any secondhand dealer with a permanent place of business in the state shall not be removed from that place of business except consigned property returned to the owner, within thirty days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions.
(2) Property bought or received on consignment by any secondhand dealer without a permanent place of business in the state, shall be held within the city or county in which the property was received, except consigned property returned to the owner, within thirty days after receipt of the property. The property shall be available within the appropriate jurisdiction for inspection at reasonable times by any commissioned law enforcement officer of the state or any of its political subdivisions.
(3) Property bought by any secondhand dealer through the use of an automated kiosk must be held for at least thirty days after the secondhand property was accepted by the automated kiosk. To satisfy this requirement the secondhand property may be held inside the automated kiosk or at a secure location maintained by the secondhand dealer. The secondhand property purchased through an automated kiosk must be made available to any commissioned law enforcement officer of the state, or any of its political subdivisions, for inspection within a reasonable time. The cost of transporting the secondhand property to the law enforcement officer must be paid by the secondhand dealer.
[ 2017 c 169 s 3; 1991 c 323 s 6; 1984 c 10 s 7.]
Notes:
Auction of secondhand property, exemption by rule of department of licensing: RCW 18.11.075.

catchline: Retention of property by secondhand dealers—Inspection.


title: RCW 19.60.057

text:
(1) Property consisting of a precious metal bought or received from an individual on consignment by any secondhand precious metal dealer with a permanent place of business in the state may not be removed from that place of business except consigned property returned to the owner, for a total of thirty days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions.
(2) Property consisting of a precious metal bought or received from an individual on consignment by any secondhand precious metal dealer without a permanent place of business in the state must be stored and held within the city or county in which the property was received, except consigned property returned to the owner, for a total of thirty days after receipt of the property. The property shall be available within the appropriate jurisdiction for inspection at reasonable times by any commissioned law enforcement officer of the state or any of its political subdivisions.
(3) Subsections (1) and (2) of this section do not apply when the property consisting of a precious metal was bought or received from a pawn shop, jeweler, secondhand dealer, or secondhand precious metal dealer who must provide a signed declaration showing the property is not stolen. The declaration may be included as part of the transactional record required under this subsection, or on a receipt for the transaction. The declaration must state substantially the following: "I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property."
[ 2011 c 289 s 4.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Retention of precious metal property—Inspection.


title: RCW 19.60.060

text:
All pawnbrokers are authorized to charge and receive interest and other fees at the following rates for money on the security of personal property actually received in pledge:
(1) The interest for the loan period shall not exceed:
(a) For an amount loaned up to $9.99 - interest at $1.00 for each thirty-day period to include the loan date.
(b) For an amount loaned from $10.00 to $19.99 - interest at the rate of $1.25 for each thirty-day period to include the loan date.
(c) For an amount loaned from $20.00 to $24.99 - interest at the rate of $1.50 for each thirty-day period to include the loan date.
(d) For an amount loaned from $25.00 to $34.99 - interest at the rate of $1.75 for each thirty-day period to include the loan date.
(e) For an amount loaned from $35.00 to $39.99 - interest at the rate of $2.00 for each thirty-day period to include the loan date.
(f) For an amount loaned from $40.00 to $49.99 - interest at the rate of $2.25 for each thirty-day period to include the loan date.
(g) For the amount loaned from $50.00 to $59.99 - interest at the rate of $2.50 for each thirty-day period to include the loan date.
(h) For the amount loaned from $60.00 to $69.99 - interest at the rate of $2.75 for each thirty-day period to include the loan date.
(i) For the amount loaned from $70.00 to $79.99 - interest at the rate of $3.00 for each thirty-day period to include the loan date.
(j) For the amount loaned from $80.00 to $89.99 - interest at the rate of $3.25 for each thirty-day period to include the loan date.
(k) For the amount loaned from $90.00 to $99.99 - interest at the rate of $3.50 for each thirty-day period to include the loan date.
(l) For loan amounts of $100.00 or more - interest at the rate of four percent for each thirty-day period to include the loan date.
(2) The fee for the preparation of loan documents, pledges, or reports required under the laws of the United States of America, the state of Washington, or the counties, cities, towns, or other political subdivisions thereof, shall not exceed:
(a) For the amount loaned up to $4.99 - the sum of $1.50.
(b) For the amount loaned from $5.00 to $9.99 - the sum of $3.00.
(c) For the amount loaned from $10.00 to $14.99 - the sum of $4.00.
(d) For the amount loaned from $15.00 to $19.99 - the sum of $4.50.
(e) For the amount loaned from $20.00 to $24.99 - the sum of $5.00.
(f) For the amount loaned from $25.00 to $29.99 - the sum of $5.50.
(g) For the amount loaned from $30.00 to $34.99 - the sum of $6.00.
(h) For the amount loaned from $35.00 to $39.99 - the sum of $6.50.
(i) For the amount loaned from $40.00 to $44.99 - the sum of $7.00.
(j) For the amount loaned from $45.00 to $49.99 - the sum of $7.50.
(k) For the amount loaned from $50.00 to $99.99 - fifteen percent of the loan amount.
(l) For the amount loaned from $100.00 to $249.99 - thirteen percent of the loan amount.
(m) For the amount loaned from $250.00 to $499.99 - ten percent of the loan amount.
(n) For the amount loaned from $500.00 to $999.99 - eight percent of the loan amount.
(o) For the amount loaned from $1000.00 to $1499.99 - seven and one-half percent of the loan amount.
(p) For the amount loaned from $1500.00 to $1999.99 - seven percent of the loan amount.
(q) For the amount loaned of $2000.00 or more - six percent of the loan amount.
(3) For each thirty-day period, a pawnbroker may charge:
(a) A storage fee of $5.00; and
(b) An additional fee of $5.00 for storing a firearm.
(4) Fees under subsection (2) of this section may be charged one time only for each loan period; no additional fees, other than interest allowed under subsection (1) of this section and storage fees allowed under subsection (3) of this section, shall be charged for making the loan.
A copy of this section, set in twelve point type or larger, shall be posted prominently in each premises subject to this chapter.
[ 2015 c 294 s 1; 2007 c 125 s 1; 1995 c 133 s 2; 1991 c 323 s 7; 1984 c 10 s 9; 1973 1st ex.s. c 91 s 1; 1909 c 249 s 234; RRS s 2486.]
Notes:
Interest—Usury: Chapter 19.52 RCW.

catchline: Rates of interest and other fees—Sale of pledged property.


title: RCW 19.60.061

text:
(1) The term of the loan shall be for a period of ninety days to include the date of the loan.
(2) A pawnbroker shall not sell any property received in pledge, until a minimum of ninety days has expired. However, if a pledged article is not redeemed within the ninety-day period of the term of the loan, the pawnbroker shall have all rights, title, and interest of that item of personal property. The pawnbroker shall not be required to account to the pledgor for the proceeds received from the disposition of that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeited pledged items, shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section.
(3) Every loan transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan; the final date on which the loan is due and payable; the loan preparation fee; the storage fee; the firearm fee, if applicable; any other fee allowed under law that is charged; the amount of interest charged every thirty days; the total amount due including the principal amount, the preparation fee, and all interest charges due if the loan is outstanding for the full ninety days allowed by the term; and the annual percentage rate, and shall inform the pledgor of the pledgor's right to redeem the pledge at any time within the term of the loan.
(4) If a person who has entered into a loan transaction with a pawnbroker in this state is unable to redeem and repay the loan on or before the expiration of the term of the loan, and that person wishes to retain his or her rights to use that item by rewriting the loan, and if both parties mutually agree, an existing loan transaction may be rewritten into a new loan, either in person or by mail. All applicable provisions of this chapter shall be followed in rewriting a loan, except that where an existing loan is rewritten by mail RCW 19.60.020(1) (a) and (g) shall not apply.
[ 2007 c 125 s 2; 1995 c 133 s 3; 1991 c 323 s 8; 1984 c 10 s 10.]

catchline: Pawnbrokers—Sale of pledged property limited—Written document required for transactions.


title: RCW 19.60.062

text:
By either party, in an action brought by an owner to recover goods in the possession of a pawnbroker or secondhand dealer, or an action brought by a pawnbroker or secondhand dealer against an owner, or a person claiming ownership, to determine title or ownership of any item, the prevailing party is entitled to reasonable attorney's fees and costs.
[ 1991 c 323 s 9; 1984 c 10 s 11; 1979 ex.s. c 41 s 1.]

catchline: Attorney fees and costs in action to recover possession or determine title or ownership.


title: RCW 19.60.066

text:
It is a gross misdemeanor under chapter 9A.20 RCW for:
(1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge. In addition an item shall not be accepted for pledge or a secondhand purchase where the manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered, or obliterated;
(2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter;
(3) Any pawnbroker or secondhand dealer to receive any property from any person under the age of eighteen years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years whether the person is acting in his or her own behalf or as the agent of another;
(4) Any pawnbroker to engage in the business of cashing or selling checks, drafts, money orders, or other commercial paper serving the same purpose unless the pawnbroker complies with the provisions of chapter 31.45 RCW; or
(5) Any person to violate knowingly any other provision of this chapter.
[ 1991 c 355 s 21; 1991 c 323 s 10; 1984 c 10 s 12.]
Notes:
Reviser's note: This section was amended by 1991 c 323 s 10 and by 1991 c 355 s 21, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date, implementation—1991 c 355: See RCW 31.45.900.

catchline: Prohibited acts—Penalty.


title: RCW 19.60.067

text:
(1) It is a gross misdemeanor for:
(a) A secondhand precious metal dealer to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under RCW 19.60.025, 19.60.057, 19.60.042, 19.60.077, and 19.60.095 involving property consisting of precious metal;
(b) A secondhand precious metal dealer to receive any precious metal property from any person known to the secondhand precious metal dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years whether the person is acting in his or her own behalf or as the agent of another; or
(c) A secondhand precious metal dealer to knowingly violate any other provision relating to precious metals under RCW 19.60.025, 19.60.057, 19.60.042, 19.60.077, and 19.60.095.
(2) It is a class C felony for a secondhand precious metal dealer to commit a second or subsequent violation of subsection (1) of this section involving property consisting of a precious metal.
[ 2011 c 289 s 7.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Secondhand precious metal dealers—Prohibited acts—Penalty.


title: RCW 19.60.068

text:
A purchase of personal property shall not be made on the condition of selling it back at a stipulated time and price greater than the purchase price, for the purpose of avoiding the interest and fee restrictions of this chapter.
[ 1991 c 323 s 11.]

catchline: Resale agreement to avoid interest and fee restrictions prohibited.


title: RCW 19.60.075

text:
The regulation of pawnbrokers and secondhand dealers under this chapter is not intended to restrict political subdivisions from enacting ordinances or codes requiring the licensing of pawnbrokers and secondhand dealers or from enacting ordinances or codes which are more restrictive than the provisions of this chapter.
[ 1984 c 10 s 13.]

catchline: Regulation by political subdivisions.


title: RCW 19.60.077

text:
No secondhand precious metal dealer doing business in this state may operate a business without first obtaining a business license from the local government in which the business is situated.
[ 2011 c 289 s 6.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Precious metal dealers—Licensure required.


title: RCW 19.60.085

text:
The provisions of this chapter do not apply to transactions conducted by the following:
(1) Motor vehicle dealers licensed under chapter 46.70 RCW;
(2) Vehicle wreckers, hulk haulers, and scrap processors licensed under chapter 46.79 or 46.80 RCW;
(3) Persons giving an allowance for the trade-in or exchange of secondhand property on the purchase of other merchandise of the same kind of greater value; and
(4) Persons in the business of buying or selling empty food and beverage containers or metal or nonmetal junk, in compliance with chapter 19.290 RCW.
[ 2011 c 289 s 8; 2000 c 171 s 56; 1985 c 70 s 2; 1984 c 10 s 2.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Exemptions.


title: RCW 19.60.095

text:
(1) For purposes of this section, "hosted home party" means a gathering of persons at a private residence where a host or hostess has invited friends or other guests into his or her residence where individual person-to-person sales of precious metals occur.
(2) A host or hostess must be the owner, renter, or lessee of the private residence where the hosted home party takes place.
(3) A secondhand precious metal dealer who attends a hosted home party and purchases or sells precious metals from the invited guests must issue a receipt for each item sold or purchased at the hosted home party.
(4) The secondhand precious metal dealer must include on every receipt the following: (a) The name, residential address, telephone number, and driver's license number of the person hosting the home party; (b) the name, residential address, telephone number, and driver's license number of the person selling the item; (c) the name, residential address, telephone number, and driver's license number of the person purchasing the item; (d) a complete description of the item being sold, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color of stone or stones; (e) time and date of the transaction; and (f) the amount and form of any consideration paid for the item.
(5) The secondhand precious metal dealer must make four copies of each transaction receipt: One for the seller, one for the host or hostess, one for the purchaser, and one for local authorities, if they should ask. The secondhand precious metal dealer and the host shall maintain copies of all transaction receipts and records for three years following the date of the precious metal transaction.
(6) A secondhand precious metal dealer of a hosted home party who purchases precious metals at a hosted home party and complies with this section is otherwise exempt from RCW 19.60.025, 19.60.057, and 19.60.042.
[ 2011 c 289 s 9.]
Notes:
Findings—Intent—2011 c 289: See note following RCW 19.60.010.

catchline: Precious metal sales—Hosted home parties.


title: RCW 19.60.105

text:
For a secondhand dealer to utilize an automated kiosk to purchase secondhand property in this state, the automated kiosk must have the capability to:
(1) Collect all information required under RCW 19.60.020(1);
(2) Connect with a live customer service representative that can remotely verify the identity of the person engaged in the transaction;
(3) Compare the secondhand property purchased against a state or federal database of stolen items using the serial number, International Mobile Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to the device by the manufacturer; and
(4) Securely store all secondhand property purchased.
[ 2017 c 169 s 4.]

catchline: Automated kiosks.


title: RCW 19.60.901

text:
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 thirty days after it is signed by the governor and filed with the secretary of state.
[ 1984 c 10 s 16.]
Notes:
Reviser's note: The effective date of this act [1984 c 10] was March 22, 1984.

catchline: Effective date—1984 c 10.


title: RCW 19.64.010

text:
Where the owner, licensee, or operator of a radio or television broadcasting station, or the agents or employees thereof, has required a person speaking over said station to submit a written copy of his or her script prior to such broadcast and has cut such speaker off the air as soon as reasonably possible in the event such speaker deviates from such written script, said owner, licensee, or operator, or the agents or employees thereof, shall not be liable for any damages, for any defamatory statement published or uttered by such person in or as a part of such radio or television broadcast unless such defamatory statements are contained in said written script.
[ 2011 c 336 s 543; 1943 c 229 s 1; Rem. Supp. 1943 s 998-1.]

catchline: Liability of owner or operator limited.


title: RCW 19.64.020

text:
Nothing contained shall be construed as limiting the liability of any speaker or his or her sponsor or sponsors for defamatory statements made by such speaker in or as a part of any such broadcast.
[ 2011 c 336 s 544; 1943 c 229 s 2; Rem. Supp. 1943 s 998-2.]

catchline: Speaker or sponsor liability not limited.


title: RCW 19.64.900

text:
This chapter shall not be applicable to or affect any cause of action existing at the time this chapter becomes effective.
[ 1943 c 229 s 3.]

catchline: Saving—1943 c 229.


title: RCW 19.68.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Electronic health record technology" means items and services, in the form of software or information technology and training services, necessary and used predominantly to create, maintain, transmit, or receive electronic health records.
[ 2013 c 297 s 3.]
Notes:
Findings—Intent—Retroactive application—2013 c 297: See notes following RCW 19.68.900.

catchline: Definition.


title: RCW 19.68.010

text:
(1) It shall be unlawful for any person, firm, corporation or association, whether organized as a cooperative, or for profit or nonprofit, to pay, or offer to pay or allow, directly or indirectly, to any person licensed by the state of Washington to engage in the practice of medicine and surgery, drugless treatment in any form, dentistry, or pharmacy and it shall be unlawful for such person to request, receive or allow, directly or indirectly, a rebate, refund, commission, unearned discount or profit by means of a credit or other valuable consideration in connection with the referral of patients to any person, firm, corporation or association, or in connection with the furnishings of medical, surgical or dental care, diagnosis, treatment or service, on the sale, rental, furnishing or supplying of clinical laboratory supplies or services of any kind, drugs, medication, or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment.
(2) Ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other services prescribed for medical, surgical, or dental diagnosis shall not be prohibited under this section where (a) the referring practitioner affirmatively discloses to the patient in writing, the fact that such practitioner has a financial interest in such firm, corporation, or association; and (b) the referring practitioner provides the patient with a list of effective alternative facilities, informs the patient that he or she has the option to use one of the alternative facilities, and assures the patient that he or she will not be treated differently by the referring practitioner if the patient chooses one of the alternative facilities.
(3) Any person violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 147; 1993 c 492 s 233; 1973 1st ex.s. c 26 s 1; 1965 ex.s. c 58 s 1. Prior: 1949 c 204 s 1; Rem. Supp. 1949 s 10185-14.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Rebating prohibited—Disclosure—List of alternative facilities.


title: RCW 19.68.020

text:
The acceptance directly or indirectly by any person so licensed of any rebate, refund, commission, unearned discount, or profit by means of a credit or other valuable consideration whether in the form of money or otherwise, as compensation for referring patients to any person, firm, corporation or association as set forth in RCW 19.68.030, constitutes unprofessional conduct.
[ 1965 ex.s. c 58 s 2; 1949 c 204 s 2; Rem. Supp. 1949 s 10185-15.]

catchline: Deemed unprofessional conduct.


title: RCW 19.68.030

text:
The license of any person so licensed may be revoked or suspended if he or she has directly or indirectly requested, received, or participated in the division, transference, assignment, rebate, splitting, or refunding of a fee for, or has directly or indirectly requested, received, or profited by means of a credit or other valuable consideration as a commission, discount, or gratuity in connection with the furnishing of medical, surgical, or dental care, diagnosis or treatment or service, including X-ray examination and treatment, or for or in connection with the sale, rental, supplying or furnishing of clinical laboratory service or supplies, X-ray services or supplies, inhalation therapy service or equipment, ambulance service, hospital or medical supplies, physiotherapy or other therapeutic service or equipment, artificial limbs, teeth, or eyes, orthopedic or surgical appliances or supplies, optical appliances, supplies or equipment, devices for aid of hearing, drugs, medication or medical supplies or any other goods, services or supplies prescribed for medical diagnosis, care or treatment, except payment, not to exceed thirty-three and one-third percent of any fee received for X-ray examination, diagnosis, or treatment, to any hospital furnishing facilities for such examination, diagnosis, or treatment.
[ 2011 c 336 s 545; 1965 ex.s. c 58 s 3. Prior: 1949 c 204 s 3; Rem. Supp. 1949 s 10185-16.]

catchline: License may be revoked or suspended.


title: RCW 19.68.040

text:
It is the intent of this chapter, and this chapter shall be so construed, that persons so licensed shall only be authorized by law to charge or receive compensation for professional services rendered if such services are actually rendered by the licensee and not otherwise: PROVIDED, HOWEVER, That it is not intended to prohibit two or more licensees who practice their profession as copartners to charge or collect compensation for any professional services by any member of the firm, or to prohibit a licensee who employs another licensee to charge or collect compensation for professional services rendered by the employee licensee.
[ 2000 c 171 s 57; 1949 c 204 s 4; Rem. Supp. 1949 s 10185-17.]

catchline: Declaration of intent.


title: RCW 19.68.900

text:
(1) Nothing in this chapter may be construed to limit or prohibit the donation of electronic health record technology or other activity by any entity, including a hospital licensed under chapter 70.41 RCW that operates a clinical laboratory, when the donation or other activity is allowed by or otherwise does not violate, 42 U.S.C. Sec. 1320a-7b(b) or the federal rules adopted to implement 42 U.S.C. Sec. 1320a-7b(b).
(2) This section does not apply to any entity which principally operates as a clinical laboratory licensed or certified under section 353 of the public health service act, 42 U.S.C. Sec. 263a, or other applicable Washington state law.
[ 2013 c 297 s 2.]
Notes:
Findings—Intent—2013 c 297: "(1) The legislature recognizes the complexity of the health care delivery system and the need to provide a clear and consistent regulatory framework to enable health care providers to manage their operations in an efficient and effective manner. The legislature also recognizes that the donation of electronic health records systems reduces health care costs, promotes patient safety, and improves the quality of health care.
(2) To further the important national policy of promoting the widespread adoption of electronic health records systems, the federal antikickback statute and the rules adopted to implement the statute contain a safe harbor that allows the donation of electronic health records systems. The federal statute and rules also contain additional safe harbors to preserve a variety of other activities which, in many cases, improve access to health care. For health care entities other than clinical laboratories, the legality of all of these arrangements is currently in question.
(3) The legislature is adding language to chapter 19.68 RCW to clarifying existing law and ensure that, except with respect to arrangements involving an entity which principally operates as a clinical laboratory, it is interpreted in a manner consistent with the federal antikickback statute." [ 2013 c 297 s 1.]
Retroactive application—2013 c 297: "This act applies retroactively to June 1, 2006, as well as prospectively." [ 2013 c 297 s 4.]

catchline: Construction—Application.


title: RCW 19.72.020

text:
Whenever any bond or recognizance is required, or permitted, by law to be made, given or filed, conditioned upon the doing or not doing of anything specified therein and to be signed by one or more persons as sureties, each of such sureties shall be a resident of this state; but no attorney-at-law, sheriff, clerk of any court of record, or other officer of such court, shall be permitted to become such surety.
[ 1927 c 162 s 1; RRS s 958-1.]

catchline: Individual sureties—Eligibility.


title: RCW 19.72.030

text:
Each of such sureties shall have separate property worth the amount specified in the bond or recognizance, over and above all debts and liabilities, and exclusive of property exempt from execution, unless the other spouse joins in the execution of the bond, in which case they must have community property of such required value; but in case such bond or recognizance is given in any action or proceeding commenced or pending in any court the judge, on justification, may allow more than two sureties to justify, severally, in amounts less than the amount specified, if the whole justification is equivalent to that of two sufficient sureties.
[ 1987 c 202 s 185; 1973 1st ex.s. c 154 s 22; 1927 c 162 s 2; RRS s 958-2.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.


title: RCW 19.72.040

text:
In case such bond or recognizance is given in any action or proceeding commenced or pending in any court, the judge or clerk of any court of record or district court, or any party to the action or proceeding for the security or protection of which such bond or recognizance is made may, upon notice, require any of such sureties to attend before the judge at a time and place specified and to be examined under oath touching the surety's qualifications both as to residence and property as such surety, in such manner as the judge, in the judge's discretion, may think proper. If the party demanding the examination require it, the examination shall be reduced to writing and subscribed by the surety. If the judge finds the surety possesses the requisite qualifications and property, the judge shall endorse the allowance thereof on the bond or recognizance, and cause it to be filed as provided by law, otherwise it shall be of no effect.
[ 2000 c 171 s 58; 1987 c 202 s 186; 1927 c 162 s 3; RRS s 958-3. Formerly RCW 19.72.040, 19.72.050.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.


title: RCW 19.72.060

text: See surety insurance: Chapter 48.28 RCW.

catchline: Corporate surety.


title: RCW 19.72.070

text:
When any defendant, surety in a judgment or special bail or replevin or surety in a delivery bond or replevin bond, or any person being surety in any bond whatever, has been or shall be compelled to pay any judgment or any part thereof, or shall make any payment which is applied upon such judgment by reason of such suretyship, or when any sheriff or other officer or other surety upon his or her official bond shall be compelled to pay any judgment or any part thereof by reason of any default of such officer, except for failing to pay over money collected, or for wasting property levied upon, the judgment shall not be discharged by such payment, but shall remain in force for the use of the bail, surety, officer, or other person making such payment, and after the plaintiff is paid, so much of the judgment as remains unsatisfied may be prosecuted to execution for his or her use.
[ 2011 c 336 s 546; Code 1881 s 648; RRS s 978. Prior: 1877 p 134 s 651; 1869 p 151 s 588; 1854 p 211 s 430.]

catchline: Subrogation of surety.


title: RCW 19.72.080

text:
Any one of several judgment defendants, and any one of several replevin bail having paid and satisfied the plaintiff, shall have the remedy provided in RCW 19.72.070 against the codefendants and cosureties to collect of them the ratable proportion each is equitably bound to pay.
[Code 1881 s 649; RRS s 979. Prior: 1877 p 135 s 652; 1869 p 151 s 589; 1854 p 211 s 431.]

catchline: Contribution among sureties.


title: RCW 19.72.090

text:
No surety or his or her representative shall confess judgment or suffer judgment by default in any case where he or she is notified that there is a valid defense, if the principal will enter himself or herself defendant to the action and tender to the surety or his or her representatives good security to indemnify him or her, to be approved by the court.
[ 2011 c 336 s 547; Code 1881 s 650; RRS s 980. Prior: 1877 p 135 s 653; 1869 p 151 s 590; 1854 p 211 s 432.]

catchline: Default by surety—Indemnity.


title: RCW 19.72.100

text:
Any person bound as surety upon any contract in writing for the payment of money or the performance of any act, when the right of action has accrued, may require by notice in writing the creditor or obligee forthwith to institute an action upon the contract.
[Code 1881 s 644; RRS s 974. Prior: 1877 p 134 s 647; 1869 p 150 s 584; 1854 p 210 s 426. FORMER PART OF SECTION: Code 1881 s 645; RRS s 975, now codified as RCW 19.72.101.]

catchline: Notice to creditor to institute action.


title: RCW 19.72.101

text:
If the creditor or obligee shall not proceed within a reasonable time to bring his or her action upon such contract, and prosecute the same to judgment and execution, the surety shall be discharged from all liability thereon.
[ 2011 c 336 s 548; Code 1881 s 645; RRS s 975. Prior: 1877 p 134 s 648; 1869 p 150 s 585; 1854 p 210 s 427. Formerly RCW 19.72.100, part.]

catchline: Failure of creditor to proceed—Discharge of surety.


title: RCW 19.72.107

text:
(1) Except under RCW 19.72.109, surety bond means any form of surety insurance as defined in RCW 48.11.080. A surety bond may not provide any other type of insurance coverage defined in chapter 48.11 RCW. Language in any statute, ordinance, contract, or surety bond to the contrary is void.
(2) A surety bond shall not be liable for damages based upon or arising out of any:
(a) Tortious injury, including death, to:
(i) Any person; or
(ii) Any real or personal property; or
(b) Failure to have any or adequate insurance coverage, even if liability under (a) or (b) of this subsection is imposed on the surety's principal or the surety by contract, surety bond, strict liability, ordinance, statute, or common law.
[ 1992 c 115 s 1.]

catchline: Surety bond—Liability limited.


title: RCW 19.72.109

text:
Unless otherwise required by the context, words as used in RCW 19.72.110, and 19.72.130 shall mean:
(1) "Bond" shall mean and include any bond, undertaking or writing executed by a principal and surety, required by law from the principal as an official or employee of the state, or any county, municipal corporation or taxing district, or as guardian, executor, administrator, receiver or trustee, or as a licensee or permittee as a condition to the right to receive, hold or exercise any license, permit or franchise;
(2) "Surety" shall mean and include any person, firm or corporation that has executed as surety any bond.
[ 1937 c 145 s 1; RRS s 9942. Formerly RCW 19.72.010.] [SLC-RO-17.]

catchline: Release from official's, executor's, licensee's, etc., bond—Definitions.