title: RCW 43.371.100

text:
(1) The office of the insurance commissioner shall contract with the state agency responsible for administration of the database and the lead organization to establish a data set and business process to provide health carriers, health care providers, hospitals, ambulatory surgical facilities, and arbitrators with data to assist in determining commercially reasonable payments and resolving payment disputes for out-of-network medical services rendered by health care facilities or providers.
(a) The data set and business process must be developed in collaboration with health carriers, health care providers, hospitals, and ambulatory surgical facilities.
(b) The data set must provide the amounts for the services described in RCW 48.49.020. The data used to calculate the median in-network and out-of-network allowed amounts and the median billed charge amounts by geographic area, for the same or similar services, must be drawn from commercial health plan claims, and exclude medicare and medicaid claims as well as claims paid on other than a fee-for-service basis.
(c) The data set and business process must be available beginning November 1, 2019, and must be reviewed by an advisory committee established under this chapter that includes representatives of health carriers, health care providers, hospitals, and ambulatory surgical facilities for validation before use.
(2) The 2019 data set must be based upon the most recently available full calendar year of claims data. The data set for each subsequent year must be adjusted by applying the consumer price index-medical component established by the United States department of labor, bureau of labor statistics to the previous year's data set.
(3) Until December 31, 2030, the office of the insurance commissioner shall contract with the state agency responsible for administration of the database or other organizations biennially beginning in 2022, for an analysis of commercial health plan claims data to assess any impact that chapter 48.49 RCW or P.L. 116-260 have had or may have had on payments to participating and nonparticipating providers and facilities and on the volume and percentage of claims that are provided by participating compared to nonparticipating providers. To the extent that data related to self-funded group health plans is available within funds appropriated for this purpose, the analysis may include such data. The first analysis shall compare 2019 claims data to the most recent full year's claims data. The analysis must be published on the website of the office of the insurance commissioner, with the first analysis published on or before December 15, 2022.
[ 2022 c 263 s 1; 2019 c 427 s 26.]
Notes:
Effective date—2022 c 263: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2022]." [ 2022 c 263 s 25.]
Findings—Intent—Effective date—2019 c 427: See RCW 48.49.003 and 48.49.900.

catchline: Development of data set and business process to assist in determining commercially reasonable payment amounts and resolving out-of-network payment disputes for medical services covered under the balance billing protection act.


doc_type: statute

jurisdiction: wa

title: RCW 43.372.005

text:
(1) The legislature finds that:
(a) Native American tribes have depended on the state's marine waters and its resources for countless generations and continue to do so for cultural, spiritual, economic, and subsistence purposes.
(b) The state has long demonstrated a strong commitment to protecting the state's marine waters, which are abundant in natural resources, contain a treasure of biological diversity, and are a source of multiple uses by the public supporting the economies of nearby communities as well as the entire state. These multiple uses include, but are not limited to: Marine-based industries and activities such as cargo, fuel, and passenger transportation; commercial, recreational, and tribal fishing; shellfish aquaculture; telecommunications and energy infrastructure; seafood processing; tourism; scientific research; and many related goods and services. These multiple uses as well as new emerging uses, such as renewable ocean energy, constitute a management challenge for sustaining resources and coordinating state decision making in a proactive, comprehensive and ecosystem-based manner.
(c) Washington's marine waters are part of a west coast-wide large marine ecosystem known as the California current, and the Puget Sound and Columbia river estuaries constitute two of the three largest estuaries that are part of this large marine ecosystem. Puget Sound and the Columbia river are estuaries of national significance under the national estuary program, and the outer coast includes the Olympic national marine sanctuary.
(d) Washington is working in cooperation with the states of Oregon and California and federal agencies on ocean and ocean health management issues through the west coast governors' agreement on ocean health, and with the government of British Columbia on shared waters management issues through the British Columbia-Washington coastal and ocean task force.
(e) Washington has initiated comprehensive management programs to protect and promote compatible uses of these waters. These include: The development of a comprehensive ecosystem-based management plan known as the Puget Sound action agenda; shoreline plans for shorelines around the state; management plans for state-owned aquatic lands and their associated waters statewide; and watershed and salmon recovery management plans in the upland areas of Puget Sound, the coast, and the Columbia river. Data and data management tools have also been developed to support these management and planning activities, such as the coastal atlas managed by the department of ecology and the shore zone database managed by the department of natural resources.
(f) For marine waters specifically, Washington has formed several mechanisms to improve coordination and management. A legislatively authorized task force formed by the governor identified priority recommendations for improving state management of ocean resources through Washington's ocean action plan in 2006. The governor further formed an ongoing interagency team that assists the department of ecology in implementing these recommendations. There is an extensive network of marine resources committees within Puget Sound and on the outer coast and the Columbia river to promote and support local involvement identifying and conducting local priority marine projects and some have been involved in local planning and management. Through the Olympic coast intergovernmental policy council, the state has also formalized its working relationship with coastal tribes and the federal government in the management of the Olympic coast national marine sanctuary.
(g) Reports by the United States commission on oceans policy, the Pew oceans commission, and the joint oceans commission initiative recommend the adoption of a national ocean policy under which states and coastal communities would have a principal role in developing and implementing ecosystem-based management of marine waters. Acting on these recommendations, the president of the United States recently formed an interagency ocean policy task force charged with developing a national ocean policy and a framework for marine spatial planning that involves all governmental levels, including state, tribal, and local governments. To further develop and implement such a planning framework, it is anticipated that federal cooperation and support will be available to coastal states that are engaged in marine and coastal resource management and planning, including marine spatial planning.
(2) The purpose of this chapter is to build upon existing statewide Puget Sound, coastal, and Columbia river efforts. When resources become available, the state intends to augment the marine spatial component of existing plans and to improve the coordination among state agencies in the development and implementation of marine management plans.
(3) It is also the purpose of this chapter to establish policies to guide state agencies and local governments when exercising jurisdiction over proposed uses and activities in these waters. Specifically, in conducting marine spatial planning, and in augmenting existing marine management plans with marine spatial planning components, the state must:
(a) Continue to recognize the rights of native American tribes regarding marine natural resources;
(b) Base all planning on best available science. This includes identifying gaps in existing information, recommend a strategy for acquiring science needed to strengthen marine spatial plans, and create a process to adjust plans once additional scientific information is available;
(c) Coordinate with all stakeholders, including marine resources committees and nongovernmental organizations, that are significantly involved in the collection of scientific information, ecosystem protection and restoration, or other activities related to marine spatial planning;
(d) Recognize that marine ecosystems span tribal, state, and international boundaries and that planning has to be coordinated with all entities with jurisdiction or authority in order to be effective;
(e) Establish or further promote an ecosystem-based management approach including linking marine spatial plans to adjacent nearshore and upland spatial or ecosystem-based plans;
(f) Ensure that all marine spatial plans are linked to measurable environmental outcomes;
(g) Establish a performance management system to monitor implementation of any new marine spatial plan;
(h) Establish an ocean stewardship policy that takes into account the existing natural, social, cultural, historic, and economic uses;
(i) Recognize that commercial, tribal, and recreational fisheries, and shellfish aquaculture are an integral part of our state's culture and contribute substantial economic benefits;
(j) Value biodiversity and ecosystem health, and protect special, sensitive, or unique estuarine and marine life and habitats, including important spawning, rearing, and migration areas for finfish, marine mammals, and productive shellfish habitats;
(k) Integrate this planning with existing plans and ongoing planning in the same marine waters and provide additional mechanisms for improving coordination and aligning management;
(l) Promote recovery of listed species under state and federal endangered species acts plans pursuant to those plans; and
(m) Fulfill the state's public trust and tribal treaty trust responsibilities in managing the state's ocean waters in a sustainable manner for current and future generations.
[ 2010 c 145 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Findings—Purpose.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.372.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquatic lands" includes all tidelands, shorelands, harbor areas, and the beds of navigable waters, and must be construed to be coextensive with the term "aquatic lands" as defined in RCW 79.105.060.
(2) "Exclusive economic zone waters" means marine waters from the offshore state boundary to the boundary of the exclusive economic zone, over which the United States government has primary jurisdiction.
(3) "Marine counties" includes Clallam, Jefferson, Grays Harbor, Wahkiakum, San Juan, Whatcom, Skagit, Island, Snohomish, King, Pierce, Thurston, Mason, Kitsap, and Pacific counties.
(4) "Marine ecosystem" means the physical, biological, and chemical components and processes and their interactions in marine waters and aquatic lands, including humans.
(5) "Marine interagency team" or "team" means the marine interagency team created under RCW 43.372.020.
(6) "Marine management plan" and "marine waters management plan" means any plan guiding activities on and uses of the state's marine waters, and may include a marine spatial plan or element.
(7) "Marine resources committees" means those committees organized under RCW 36.125.020 or by counties within the Northwest straits marine conservation initiative.
(8) "Marine spatial planning" means a public process of analyzing and allocating the spatial and temporal distribution of human activities in marine areas to achieve ecological, economic, and social objectives. Often this type of planning is done to reduce conflicts among uses, to reduce environmental impacts, to facilitate compatible uses, to align management decisions, and to meet other objectives determined by the planning process.
(9) "Marine waters" means aquatic lands and waters under tidal influence, including salt waters and estuaries to the ordinary high water mark lying within the boundaries of the state. This definition also includes the portion of the Columbia river bordering Pacific and Wahkiakum counties, Willapa Bay, Grays Harbor, the Strait of Juan de Fuca, and the entire Puget Sound.
[ 2010 c 145 s 2.]

catchline: Definitions.


title: RCW 43.372.020

text:
(1) The office of the governor shall chair a marine interagency team that is composed of representatives of each of the agencies in the governor's natural resources cabinet with management responsibilities for marine waters, including the independent agencies. A representative from a federal agency with lead responsibility for marine spatial planning must be invited to serve as a liaison to the team to help ensure consistency with federal actions and policy. The team must assist state agencies under RCW 43.372.030 with the review and coordination of such planning with their existing and ongoing planning and conduct the marine management planning authorized in RCW 43.372.040.
(2) The team may not commence any activities authorized under RCW 43.372.030 and 43.372.040 until federal, private, or other funding is secured specifically for these activities.
[ 2012 c 252 s 1; 2010 c 145 s 3.]

catchline: Marine interagency team.


title: RCW 43.372.030

text:
(1) Subject to available federal, private, or other funding for this purpose, all state agencies with marine waters planning and management responsibilities are authorized to include marine spatial data and marine spatial planning elements into their existing plans and ongoing planning.
(2) The director of the Puget Sound partnership under the direction of the leadership council created in RCW 90.71.220 must integrate marine spatial information and planning provisions into the action agenda. The information should be used to address gaps or improve the effectiveness of the spatial planning component of the action agenda, such as in addressing potential new uses such as renewable energy projects.
(3) The governor and the commissioner of public lands, working with appropriate marine management and planning agencies, should work cooperatively with the applicable west coast states, Canadian provinces, and with federal agencies, through existing cooperative entities such as the west coast governor's agreement on ocean health, the coastal and oceans task force, the Pacific coast collaborative, the Puget Sound federal caucus, and the United States and Canada cooperative agreement working group, to explore the benefits of developing joint marine spatial plans or planning frameworks in the shared waters of the Salish Sea, the Columbia river estuary, and in the exclusive economic zone waters. The governor and commissioner may approve the adoption of shared marine spatial plans or planning frameworks where they determine it would further policies of this chapter and chapter 43.143 RCW.
(4) On an ongoing basis, the director of the department of ecology shall work with other state agencies with marine management responsibilities, tribal governments, marine resources committees, local and federal agencies, and marine waters stakeholders to compile marine spatial information and to incorporate this information into ongoing plans. This work may be integrated with the comprehensive marine management plan authorized under RCW 43.372.040 when that planning process is initiated.
(5) All actions taken to implement this section must be consistent with RCW 43.372.060.
[ 2012 c 252 s 2; 2010 c 145 s 5.]

catchline: Marine spatial data and marine spatial planning elements—Inclusion in planning—Joint plans and planning frameworks—Integration with comprehensive marine management plan.


title: RCW 43.372.040

text:
(1) Upon the receipt of federal, private, or other funding for this purpose, the marine interagency team shall coordinate the development of a comprehensive marine management plan for the state's marine waters. The marine management plan must include marine spatial planning, as well as recommendations to the appropriate federal agencies regarding the exclusive economic zone waters.
(2) The comprehensive marine management plan may be developed in geographic segments, and may incorporate or be developed as an element of existing marine plans, such as the Puget Sound action agenda. If the team exercises the option to develop the comprehensive marine management plan in geographic segments, it may proceed with development and adoption of marine management plans for these geographic segments on different schedules.
(3) The chair of the team may designate a state agency with marine management responsibilities to take the lead in developing and recommending to the team particular segments or elements of the comprehensive marine management plan.
(4) The marine management plan must be developed and implemented in a manner that:
(a) Recognizes and respects existing uses and tribal treaty rights;
(b) Promotes protection and restoration of ecosystem processes to a level that will enable long-term sustainable production of ecosystem goods and services;
(c) Addresses potential impacts of climate change and sea level rise upon current and projected marine waters uses and shoreline and coastal impacts;
(d) Fosters and encourages sustainable uses that provide economic opportunity without significant adverse environmental impacts;
(e) Preserves and enhances public access;
(f) Protects and encourages working waterfronts and supports the infrastructure necessary to sustain marine industry, commercial shipping, shellfish aquaculture, and other water-dependent uses;
(g) Fosters public participation in decision making and significant involvement of communities adjacent to the state's marine waters; and
(h) Integrates existing management plans and authorities and makes recommendations for aligning plans to the extent practicable.
(5) To ensure the effective stewardship of the state's marine waters held in trust for the benefit of the people, the marine management plan must rely upon existing data and resources, but also identify data gaps and, as possible, procure missing data necessary for planning.
(6) The marine management plan must include but not be limited to:
(a) An ecosystem assessment that analyzes the health and status of Washington marine waters including key social, economic, and ecological characteristics and incorporates the best available scientific information, including relevant marine data. This assessment should seek to identify key threats to plan goals, analyze risk and management scenarios, and develop key ecosystem indicators. In addition, the plan should incorporate existing adaptive management strategies underway by local, state, or federal entities and provide an adaptive management element to incorporate new information and consider revisions to the plan based upon research, monitoring, and evaluation;
(b) Using and relying upon existing plans and processes and additional management measures to guide decisions among uses proposed for specific geographic areas of the state's marine and estuarine waters consistent with applicable state laws and programs that control or address developments in the state's marine waters;
(c) A series of maps that, at a minimum, summarize available data on: The key ecological aspects of the marine ecosystem, including physical and biological characteristics, as well as areas that are environmentally sensitive or contain unique or sensitive species or biological communities that must be conserved and warrant protective measures; human uses of marine waters, particularly areas with high value for fishing, shellfish aquaculture, recreation, and maritime commerce; and appropriate locations with high potential for renewable energy production with minimal potential for conflicts with other existing uses or sensitive environments;
(d) An element that sets forth the state's recommendations to the federal government for use priorities and limitations, siting criteria, and protection of unique and sensitive biota and ocean floor features within the exclusive economic zone waters consistent with the policies and management criteria contained in this chapter and chapter 43.143 RCW;
(e) An implementation strategy describing how the plan's management measures and other provisions will be considered and implemented through existing state and local authorities; and
(f) A framework for coordinating state agency and local government review of proposed renewable energy development uses requiring multiple permits and other approvals that provide for the timely review and action upon renewable energy development proposals while ensuring protection of sensitive resources and minimizing impacts to other existing or projected uses in the area.
(7) If the director of the department of fish and wildlife determines that a fisheries management element is appropriate for inclusion in the marine management plan, this element may include the incorporation of existing management plans and procedures and standards for consideration in adopting and revising fisheries management plans in cooperation with the appropriate federal agencies and tribal governments.
(8) Any provision of the marine management plan that does not have as its primary purpose the management of commercial or recreational fishing but that has an impact on this fishing must minimize the negative impacts on the fishing. The team must accord substantial weight to recommendations from the director of the department of fish and wildlife for plan revisions to minimize the negative impacts.
(9) The marine management plan must recognize and value existing uses. All actions taken to implement this section must be consistent with RCW 43.372.060.
(10) The marine management plan must identify any provisions of existing management plans that are substantially inconsistent with the plan.
(11)(a) In developing the marine management plan, the team shall implement a strong public participation strategy that seeks input from throughout the state and particularly from communities adjacent to marine waters. Public review and comment must be sought and incorporated with regard to planning the scope of work as well as in regard to significant drafts of the plan and plan elements.
(b) The team must engage tribes and marine resources committees in its activities throughout the planning process. In particular, prior to finalizing the plan, the team must provide each tribe and marine resources committee with a draft of the plan and invite them to review and comment on the plan.
(12) The director of the department of ecology shall submit the completed marine management plan to the appropriate federal agency for its review and approval for incorporation into the state's federally approved coastal zone management program.
(13) Subsequent to the adoption of the marine management plan, the team may periodically review and adopt revisions to the plan to incorporate new information and to recognize and incorporate provisions in other marine management plans. The team must afford the public an opportunity to review and comment upon significant proposed revisions to the marine management plan.
[ 2012 c 252 s 3; 2010 c 145 s 6.]

catchline: Comprehensive marine management plan.


title: RCW 43.372.050

text:
(1) Upon the adoption of the marine management plan under RCW 43.372.040, each state agency and local government must make decisions in a manner that ensures consistency with applicable legal authorities and conformance with the applicable provisions of the marine management plan to the greatest extent possible.
(2) The director of the department of ecology, in coordination with the team, shall periodically review existing management plans maintained by state agencies and local governments that cover the same marine waters as the marine management plan under RCW 43.372.040, and for any substantial inconsistency with the marine management plan the director shall make recommendations to the agency or to the local government for revisions to eliminate the inconsistency.
(3) Not later than four years following adoption of the marine management plan under RCW 43.372.040, the department of ecology, in coordination with the team, shall report to the appropriate marine waters committees in the senate and house of representatives describing provisions of existing management plans that are substantially inconsistent with the marine management plan under RCW 43.372.040, and making recommendations for eliminating the inconsistency.
(4) All actions taken to implement this section must be consistent with RCW 43.372.060.
[ 2010 c 145 s 7.]

catchline: Marine management plans—Compliance—Consistency—Review—Report and recommendations.


title: RCW 43.372.060

text:
No authority is created under this chapter to affect in any way any project, use, or activity in the state's marine waters existing prior to or during the development and review of the marine management plan. No authority is created under this chapter to supersede the current authority of any state agency or local government.
[ 2010 c 145 s 8.]

catchline: Authority limited.


title: RCW 43.372.070

text:
(1) The marine resources stewardship trust account is created in the state treasury. All receipts from income derived from the investment of amounts credited to the account, any grants, gifts, or donations to the state for the purposes of marine management planning, marine spatial planning, data compilation, research, or monitoring, and any appropriations made to the account must be deposited in the account. Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may only be used for the purposes of marine management planning, marine spatial planning, research, monitoring, and implementation of the marine management plan.
(3) Except as provided in subsection (5) of this section, until July 1, 2016, expenditures from the account may only be used for the purposes of:
(a) Conducting ecosystem assessment and mapping activities in marine waters consistent with RCW 43.372.040(6) (a) and (c), with a focus on assessment and mapping activities related to marine resource uses and developing potential economic opportunities;
(b) Developing a marine management plan for the state's coastal waters as that term is defined in RCW 43.143.020; and
(c) Coordination under the west coast governors' agreement on ocean health, entered into on September 18, 2006, and other regional planning efforts consistent with RCW 43.372.030.
(4) Expenditures from the account on projects and activities relating to the state's coastal waters, as defined in RCW 43.143.020, must be made, to the maximum extent possible, consistent with the recommendations of the Washington coastal marine advisory council as provided in RCW 43.143.060. If expenditures relating to coastal waters are made in a manner that differs substantially from the Washington coastal marine advisory council's recommendations, the responsible agency receiving the appropriation shall provide the council and appropriate committees of the legislature with a written explanation.
(5) During the 2019-2021 and 2021-2023 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the marine resources stewardship trust account to the aquatic lands enhancement account.
[ 2021 c 334 s 983; 2019 c 415 s 975; 2016 sp.s. c 36 s 938; 2013 c 318 s 3; 2012 c 252 s 4; 2011 c 250 s 2; 2010 c 145 s 10.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Findings—2011 c 250: "(1) The legislature finds that the states of Washington, Oregon, and California have a common interest in the management and protection of ocean and coastal resources. This common interest stems from the many ocean and coastal resources that cross jurisdictional boundaries including winds, currents, fish, and wildlife, as well as the multijurisdictional reach of many uses of marine waters. These shared resources provide enormous economic, environmental, and social benefits to the states, and are an integral part of maintaining the high quality of life enjoyed by residents of the west coast.
(2) The legislature finds that the shared nature of ocean and coastal resources make coordination between the states of Washington, Oregon, and California essential in order to achieve effective ocean and coastal resource management and support sustainable coastal communities.
(3) The legislature recognizes the west coast governors' agreement on ocean health, entered into on September 18, 2006, as an important step towards achieving more coordinated management of these ocean and coastal resources.
(4) Ocean and coastal resource planning processes and funding opportunities recently initiated by the federal government contemplate action at the regional level. Early action on the part of Washington, Oregon, and California to collaboratively define and implement such planning efforts and projects will increase the states' ability to determine the course of federal planning processes for the west coast and receive nonstate support for the planning efforts, resource preservation and restoration projects, and projects to support ocean health and sustainable coastal communities.
(5) Therefore, collaboration on ocean and coastal resource management between Washington, Oregon, and California should be continued and enhanced through the respective legislatures, as well as through the respective executive branches through the west coast governors' agreement on ocean health." [ 2011 c 250 s 1.]

catchline: Marine resources stewardship trust account.


title: RCW 43.376.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Indian tribe" means any federally recognized Indian tribe whose traditional lands and territories included parts of Washington.
(2) "State agency" means an agency, department, office, or the office of a statewide elected official, of the state of Washington.
[ 2012 c 122 s 1.]


title: RCW 43.376.020

text:
In establishing a government-to-government relationship with Indian tribes, state agencies must:
(1) Make reasonable efforts to collaborate with Indian tribes in the development of policies, agreements, and program implementation that directly affect Indian tribes and develop a consultation process that is used by the agency for issues involving specific Indian tribes. Covered agencies, as defined in RCW 70A.02.010, subject to the requirements of chapter 70A.02 RCW, must offer consultation with Indian tribes on the actions specified in RCW 70A.02.100. State agencies described in RCW 70A.65.305 must offer consultation with Indian tribes on the actions specified in RCW 70A.65.305;
(2) Designate a tribal liaison who reports directly to the head of the state agency;
(3) Ensure that tribal liaisons who interact with Indian tribes and the executive directors of state agencies receive training as described in RCW 43.376.040; and
(4) Submit an annual report to the governor on activities of the state agency involving Indian tribes and on implementation of this chapter.
[ 2022 c 253 s 3. Prior: 2021 c 316 s 40; 2021 c 314 s 23; 2012 c 122 s 2.]
Notes:
Short title—2021 c 316: See RCW 70A.65.900.
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Government-to-government relationships—State agency duties.


title: RCW 43.376.030

text:
The position of tribal liaison within a state agency is responsible for:
(1) Assisting the state agency in developing and implementing state and agency policies that promote effective communication and collaboration between the state agency and tribal governments;
(2) Serving as a contact person with tribal governments and maintaining communication between the state agency and affected tribal governments; and
(3) Coordinating training of state agency employees in government-to-government relations.
[ 2012 c 122 s 3.]

catchline: State agency tribal liaison.


title: RCW 43.376.040

text:
Training required under RCW 43.376.020 for state agency employees must include at a minimum:
(1) Effective communication and collaboration between state agencies and Indian tribes;
(2) Cultural competency in providing effective services to tribal governments and tribal members; and
(3) Use of training services such as those provided through the governor's office of Indian affairs.
[ 2012 c 122 s 4.]

catchline: Training requirement.


title: RCW 43.376.050

text:
(1) At least once a year, the governor and other statewide elected officials must meet with leaders of Indian tribes to address issues of mutual concern.
(2) The governor must maintain for public reference an updated list of the names and contact information for the individuals designated as tribal liaisons and the names and contact information for tribal leadership as submitted by an Indian tribe.
[ 2012 c 122 s 5.]

catchline: Meetings with statewide elected officials and tribal leaders—List of contact information.


title: RCW 43.376.060

text:
Nothing in this chapter creates a right of action against a state agency or a right of review of an action by a state agency.
[ 2012 c 122 s 6.]

catchline: Right of action or right of review not conferred.


title: RCW 43.376.500

text:
(1) There is hereby created as a cabinet agency of the governor, the office of Indian affairs.
(2) The office of Indian affairs shall have the following responsibilities:
(a) Assist the governor in the development and review of effective policies and legislation to support the state of Washington in fostering strong and meaningful relationships with federally recognized Indian tribes, whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, tribal organizations, and urban Indian organizations;
(b) In accordance with RCW 43.376.020, provide a training focused on fostering effective communication and collaboration between the state and federally recognized Indian tribes, whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, which the heads of each executive and small cabinet agency, and each of the governor's policy advisors and executive leadership team members, shall attend;
(c)(i) In partnership with relevant agencies including the department of enterprise services, the office of financial management state human resources, and agency tribal liaisons, expand upon RCW 43.376.020 to produce additional training for state employees.
(ii) The office of Indian affairs shall consult with tribal nations in the development of the training.
(iii) The training shall be made available to state employees in an accessible manner, including but not limited to an electronic, digital format to facilitate access for state employees.
(iv) Cabinet agencies shall work with the office of Indian affairs to determine appropriate staff and timing to receive the training;
(d) Advise state agencies and departments concerning issues relative to federally recognized Indian tribes, whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, and Indian organizations of Washington state;
(e) Be the governor's liaison between the state of Washington, Indian tribal governments, and Indian organizations;
(f) Be liaison and advisor to the governor and state agencies on federal and state legislation and policies in Indian affairs;
(g) In collaboration with state agency tribal liaisons, provide assistance and advice to state agencies, departments, boards, and commissions concerning tribal relationships and issues impacting tribal rights, communities, lands, and interests, and other American Indian or Alaskan Native residents and communities of Washington state;
(h) Regularly convene meetings with tribal nations and relevant state parties to discuss issues of mutual interest in a timely manner; and
(i) Facilitate and convene meetings with tribal leaders annually to implement the Centennial Accords, including the development of the agenda, identifying joint strategies, and achieving specific goals.
[ 2026 c 245 s 1.]

catchline: Office of Indian affairs—Creation—Duties.


title: RCW 43.376.510

text:
(1) The executive head of the office of Indian affairs shall be the executive director, who shall be appointed by the governor, with the consent of the senate, and serve at the pleasure of the governor as part of the governor's executive cabinet. He or she shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.
(2) The executive director shall employ a staff, who shall be state employees pursuant to Title 41 RCW. The executive director shall prescribe the duties of the staff as may be necessary to implement the purposes of this chapter and may delegate such of his or her powers, duties, and functions to other officers and employees of the office as he or she may deem necessary to the fulfillment of the purposes of this chapter.
[ 2026 c 245 s 2.]

catchline: Office of Indian affairs—Executive director.


title: RCW 43.376.520

text:
The office of Indian affairs may establish procedures and requirements for operations and expenditures to support and enhance state government partnership and relationships with tribal nations. Such operations and expenditures are intended to strengthen state-tribal relations and provide resources for government-to-government engagement. The office of Indian affairs may accept or request grants or gifts from citizens and other private sources to be used to defray the costs of appropriate hosting of state-tribal relations gatherings, including appropriate gift giving and reciprocal gift receiving, or other activities of the office. The office shall open and maintain a bank account into which it shall deposit all money received under this section. Such money and the interest accruing thereon shall not constitute public funds, shall be kept segregated and apart from funds of the state, and shall not be subject to appropriation or allotment by the state or subject to chapter 43.88 RCW.
[ 2026 c 245 s 4.]

catchline: Office of Indian affairs—Establishment of procedures and requirements—Receipt of gifts and grants.


title: RCW 43.376.530

text:
(1) On or before November 1st of each year, the office of Indian affairs shall prepare and submit to the governor and the legislature an annual written report of the operations, activities, programs, and services of the office for the preceding fiscal year.
(2) For each operation, activity, program, or service provided by the office of Indian affairs, the annual report shall include:
(a) A description of the operation, activity, program, or service;
(b) Budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;
(c) Goals, challenges, and achievements related to the operation, activity, program, or service;
(d) Relevant federal and state statutory references and requirements; and
(e) Other information determined by the office of Indian affairs that:
(i) May be needed, useful, or of historical significance; or
(ii) Promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials.
(3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the legislature.
(4) The office of Indian affairs shall:
(a) Submit the annual report in accordance with RCW 43.01.036; and
(b) Make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the office's website.
[ 2026 c 245 s 5.]

catchline: Office of Indian affairs—Annual report.


title: RCW 43.376.900

text:
(1) The legislature hereby finds and declares that nothing in this chapter, including, without limitation, the creation of the office of Indian affairs, is intended to infringe upon the sovereignty of Indian tribes who are federally recognized by the United States as possessing powers of self-government and whose traditional lands and territories included parts of Washington as described in RCW 43.376.010.
(2) Indians subject to the jurisdiction of the state of Washington pursuant to the provisions of Title 9A RCW and chapter 37.12 RCW are entitled to all services of the state of Washington including, without limitation, correctional legal aid, public defender, probational and psychiatric services afforded to any other persons who are defendants in criminal actions or parties to civil actions in the courts of this state.
(3) The provisions of Title 9A RCW and chapter 37.12 RCW do not preclude Indian tribes, who are federally recognized by the United States as possessing powers of self-government and whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, from enacting their own laws, regulations, and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure.
[ 2026 c 245 s 3.]

catchline: Construction—Sovereignty of tribes.


title: RCW 43.378.010

text:
The purpose of this chapter is to provide for the allocation of revenues distributed to the state under section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to activities of the United States bureau of land management undertaken pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. Sec. 1001 et seq.) in order to accomplish the following general objectives:
(1) Reduction of dependence on nonrenewable energy and stimulation of the state's economy through development of geothermal energy.
(2) Mitigation of the social, economic, and environmental impacts of geothermal development.
(3) Maintenance of the productivity of renewable resources through the investment of proceeds from these resources.
[ 2013 c 274 s 5.]
Notes:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.

catchline: Purpose of chapter.


title: RCW 43.378.020

text:
(1) There is created the geothermal account in the state treasury. All expenditures from this account are subject to appropriation and chapter 43.88 RCW.
(2) All revenues received by the state treasurer under section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to activities of the United States bureau of land management undertaken pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. Sec. 1001 et seq.) shall be deposited in the geothermal account in the state treasury immediately upon receipt.
(3) Expenditures from the account may only be used as provided in RCW 43.378.030.
[ 2013 c 274 s 6.]
Notes:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.

catchline: Geothermal account—Created.


title: RCW 43.378.030

text:
Distribution of funds from the geothermal account created in RCW 43.378.020 shall be subject to the following limitations:
(1) Seventy percent to the department of natural resources for geothermal exploration and assessment; and
(2) Thirty percent to Washington State University or its statutory successor for the purpose of encouraging the development of geothermal energy.
[ 2013 c 274 s 7.]
Notes:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.

catchline: Limitations on distributions from the geothermal account.


title: RCW 43.380.005

text:
The legislature finds that the cycle of recidivism warrants a closer examination of our criminal justice system, correctional systems, and community services in Washington. Over ninety-five percent of persons in prison will return to the community, and more than half of those persons will reoffend and be reincarcerated in today's system. This high rate of recidivism results in more crimes, more victims, more prisons, and more trauma within families and communities. We can do better for the people of Washington.
The legislature intends to establish the Washington statewide reentry council to develop collaborative and cooperative relationships between the criminal justice system, victims and their families, impacted individuals and their families, and service providers, with the purpose of improving public safety and outcomes for people reentering the community from incarceration.
[ 2016 c 188 s 1.]

catchline: Finding—Intent.


title: RCW 43.380.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Council" means the Washington statewide reentry council.
(2) "Department" means the department of commerce.
[ 2016 c 188 s 2.]

catchline: Definitions.


title: RCW 43.380.020

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington statewide reentry council is created and located within the department for the purpose of promoting successful reentry of offenders after incarceration.
(2) Through the executive director that may be appointed by the council, the department shall administer the council by:
(a) Providing the council and its executive director use of the department's facilities; and
(b) Managing grants and other funds received, used, and disbursed by the council.
[ 2021 c 243 s 12; (2021 c 334 s 984 repealed by 2023 c 475 s 1904); 2019 c 415 s 976; 2016 c 188 s 3.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—2021 c 243: See note following RCW 74.09.670.
Effective date—2019 c 415: See note following RCW 28B.20.476.

catchline: Washington statewide reentry council—Created—Executive director.


title: RCW 43.380.030

text:
(1) The council comprises 22 members appointed by the governor.
(2) The governor must create a membership that includes:
(a)(i) Representatives of: The department of corrections; the health care authority; the department of social and health services; the employment security department; the juvenile rehabilitation administration; a statewide organization representing community and technical colleges; a statewide organization representing law enforcement interests; a statewide organization representing the interests of crime victims; a statewide organization representing prosecutors; a statewide organization representing public defenders; a statewide or local organization representing businesses and employers; housing providers; and faith-based organizations or communities;
(ii) At least two persons with experience reentering the community after incarceration;
(iii) Two other community leaders;
(iv) Two community members who are currently incarcerated, one of whom must be incarcerated in a men's correctional facility and one who must be incarcerated in a women's correctional facility; and
(v) Two persons who are either a survivor or victim of a crime as defined in RCW 7.69.020, one of whom does not identify as female, and one who does not identify as male.
(b) At least one position of the council must be reserved for an invited person with a background in tribal affairs, and such position has all of the same voting and other powers of other members.
(3) When making appointments, the governor shall consider:
(a) The racial and ethnic background of applicants in order for the membership to reflect the diversity of racial and ethnic backgrounds of all those who are incarcerated in the state;
(b) The gender of applicants in order for the membership to reflect the gender diversity of all those who are incarcerated in the state;
(c) The geographic location of all applicants in order for the membership to represent the different geographic regions of the state; and
(d) The experiences and background of all applicants relating to the incarcerated population.
[ 2025 c 196 s 1; 2016 c 188 s 4.]

catchline: Council—Membership.


title: RCW 43.380.040

text:
(1) The governor shall make initial appointments to the council. Initial appointments are for staggered terms from the date of appointment according to the following: Four members have four-year terms; four members have three-year terms; and five members have two-year terms. The governor shall designate the appointees who will serve the staggered terms.
(2) Except for initial appointments under subsection (1) of this section, all appointments are for two years from the date of appointment. Any member may be reappointed for additional terms. Any member of the council may be removed by the governor for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless such notice and hearing is expressly waived in writing by the affected member. In the event of a vacancy due to death, resignation, or removal, or upon the expiration of a term, the governor shall appoint a successor for the remainder of the unexpired term according to the procedures in subsection (3) of this section. Vacancies must be filled within ninety days.
(3) The council shall create a selection committee to recruit, review, and recommend future members. Prior to thirty days before the expiration of a term or within sixty days of a vacancy due to death, resignation, or removal, the selection committee shall submit a recommendation of possible appointees. The governor shall consider the recommendations of the committee when making appointments.
(4) The council shall elect cochairs from among its membership. Cochairs are elected for two-year terms from the date of election. Any former or current cochair may be reelected for an additional term.
[ 2016 c 188 s 5.]


title: RCW 43.380.050

text:
(1) In addition to other powers and duties prescribed in this chapter, the council is empowered to:
(a) Meet at such times and places as necessary;
(b) Advise the legislature and the governor on issues relating to reentry and reintegration of offenders;
(c) Review, study, and make policy and funding recommendations on issues directly and indirectly related to reentry and reintegration of offenders in Washington state, including, but not limited to: Correctional programming and other issues in state and local correctional facilities; housing; employment; education; treatment; and other issues contributing to recidivism;
(d) Apply for, receive, use, and leverage public and private grants as well as specifically appropriated funds to establish, manage, and promote initiatives and programs related to successful reentry and reintegration of offenders;
(e) Contract for services as it deems necessary in order to carry out initiatives and programs;
(f) Adopt policies and procedures to facilitate the orderly administration of initiatives and programs;
(g) Create committees and subcommittees of the council as is necessary for the council to conduct its business; and
(h) Create and consult with advisory groups comprising nonmembers. Advisory groups are not eligible for reimbursement under RCW 43.380.060.
(2) Subject to the availability of amounts appropriated for this specific purpose, the council may select an executive director to administer the business of the council.
(a) The council may delegate to the executive director by resolution all duties necessary to efficiently carry on the business of the council. Approval by a majority vote of the council is required for any decisions regarding employment of the executive director.
(b) The executive director may not be a member of the council while serving as executive director.
(c) Employment of the executive director must be confirmed by the senate and terminates after a term of three years. At the end of a term, the council may consider hiring the executive director for an additional three-year term or an extension of a specified period less than three years. The council may fix the compensation of the executive director.
(d) Subject to the availability of amounts appropriated for this specific purpose, the executive director shall reside in and be funded by the department.
(3) In conducting its business, the council shall solicit input and participation from stakeholders interested in reducing recidivism, promoting public safety, and improving community conditions for people reentering the community from incarceration. The council shall consult: The two largest caucuses in the house of representatives; the two largest caucuses in the senate; the governor; local governments; educators; behavioral health providers; behavioral health administrative services organizations; managed care organizations; city and county jails; the department of corrections; specialty courts; persons with expertise in evidence-based and research-based reentry practices; and persons with criminal histories and their families.
(4) The council shall submit to the governor and appropriate committees of the legislature a preliminary report of its activities and recommendations by December 1st of its first year of operation, and every two years thereafter.
[ 2019 c 325 s 5016; 2016 c 188 s 6.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.

catchline: Council powers and duties—Selection of executive director—Stakeholder participation—Reports.


title: RCW 43.380.060

text:
The members of the council may receive compensation as provided in RCW 43.03.220 and 43.03.270, and are entitled to be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
[ 2025 c 196 s 2; 2016 c 188 s 7.]

catchline: Council reimbursement.


title: RCW 43.380.070

text:
(1) Meetings of the council must be held in accordance with the open public meetings act, chapter 42.30 RCW, and at the call of the cochairs or when a majority of the council membership so requests. Members may participate in a meeting of the council by means of a conference telephone or similar communication equipment as described in RCW 23B.08.200, provided that any member who is currently incarcerated may only attend and participate in council meetings virtually, unless the meeting is held at the correctional facility where the member is incarcerated.
(2) Twelve members of the council constitute a quorum.
(3) Once operational, the council must convene on a regular schedule at least four times during each year.
[ 2025 c 196 s 3; 2016 c 188 s 8.]

catchline: Meetings.


title: RCW 43.380.080

text:
(1) The joint legislative audit and review committee shall conduct a performance audit of the council every six years.
(2) Each audit must include but not be limited to:
(a) A determination of the extent to which funds expended by the council or provided in biennial budget acts expressly for implementing the duties of the council have contributed toward reducing recidivism in Washington;
(b) A determination of the efficiency and effectiveness of the council, based upon the achievement of the objectives and benchmarks established by this chapter and any applicable biennial budget acts; and
(c) Any recommendations for changes to the council's performance and structure necessary to ensure or improve accountability.
(3) The council may use the audits as the basis for developing changes to its policies and programs.
[ 2016 c 188 s 9.]

catchline: Performance audits.


title: RCW 43.382.005

text:
(1) There is created an office of the developmental disabilities ombuds. The department of commerce shall contract with a private, independent nonprofit organization to provide developmental disability ombuds services. The department of commerce shall designate, by a competitive bidding process, the nonprofit organization that will contract to operate the ombuds. The selection process must include consultation of stakeholders in the development of the request for proposals and evaluation of bids. The selected organization must have experience and the capacity to effectively communicate regarding developmental disabilities issues with policymakers, stakeholders, and the general public and must be prepared and able to provide all program and staff support necessary, directly or through subcontracts, to carry out all duties of the office.
(2) The contracting organization and its subcontractors, if any, are not state agencies or departments, but instead are private, independent entities operating under contract with the state.
(3) The governor or state may not revoke the designation of the organization contracted to provide the services of the ombuds except upon a showing of neglect of duty, misconduct, or inability to perform duties.
(4) The department of commerce shall ensure that the ombuds staff has access to sufficient training or experience with issues relating to persons with developmental disabilities and the program and staff support necessary to enable the ombuds to effectively protect the interests of persons with developmental disabilities. The office of the developmental disabilities ombuds shall have the powers and duties to do the following:
(a) Provide information as appropriate on the rights and responsibilities of persons receiving developmental disability [disabilities] administration services or other state services, and on the procedures for providing these services;
(b) Investigate, upon its own initiative or upon receipt of a complaint, an administrative act related to a person with developmental disabilities alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombuds may decline to investigate any complaint;
(c) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in the delivery of services to a person with developmental disabilities, with a view toward appropriate preservation of families and ensuring health and safety;
(d) Review periodically the facilities and procedures of state institutions which serve persons with developmental disabilities and state-licensed facilities or residences;
(e) Recommend changes in the procedures for addressing the needs of persons with developmental disabilities;
(f) Submit annually, by November 1st, to the governor and appropriate committees of the legislature a report analyzing the work of the office, including recommendations;
(g) Establish procedures to protect the confidentiality of records and sensitive information to ensure that the identity of any complainant or person with developmental disabilities will not be disclosed without the written consent of the complainant or person, or upon court order;
(h) Maintain independence and authority within the bounds of the duties prescribed by this chapter, insofar as this independence and authority is exercised in good faith and within the scope of contract; and
(i) Carry out such other activities as determined by the department of commerce within the scope of this chapter.
(5) The developmental disabilities ombuds must consult with stakeholders to develop a plan for future expansion of the ombuds into a model of individual ombuds services akin to the operations of the long-term care ombuds. The developmental disabilities ombuds shall report its progress and recommendations related to this subsection to the governor and appropriate committees of the legislature by November 1, 2019.
[ 2016 c 172 s 5.]
Notes:
Finding—2016 c 172: "The legislature finds and declares that the prevalence of the abuse and neglect of individuals with developmental disabilities has become an issue that negatively affects the health and well-being of such individuals. In order to address this issue, the state seeks to increase visitation of clients who are classified at the highest risk of abuse and neglect based on the assessment of risk factors by developmental disabilities administration case managers, and to create an independent office of the developmental disabilities ombuds to monitor and report on services to persons with developmental disabilities." [ 2016 c 172 s 1.]

catchline: Developmental disabilities ombuds—Office creation.


title: RCW 43.382.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administration" means the developmental disabilities administration of the department of social and health services.
(2) "Department" means the department of social and health services.
(3) "Ombuds" means the office of the developmental disabilities ombuds.
[ 2016 c 172 s 6.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.


title: RCW 43.382.020

text:
The ombuds shall collaborate and have a memoranda of agreement with the office of the state long-term care ombuds, the office of the family and children's ombuds, Washington protection and advocacy system, the mental health ombuds, and the office of the education ombuds to clarify authority in those situations where their mandates overlap.
[ 2016 c 172 s 7.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Memoranda of agreement—Authority—Overlap with other agencies.


title: RCW 43.382.030

text:
(1) A developmental disabilities ombuds shall not have participated in the paid provision of services to any person with developmental disabilities within the past year.
(2) A developmental disabilities ombuds shall not have been employed in a governmental position with direct involvement in the licensing, certification, or regulation of a paid developmental disabilities service provider within the past year.
(3) No developmental disabilities ombuds or any member of his or her immediate family may have, or have had within the past year, any significant ownership or investment interest in a paid provider of services to persons with developmental disabilities.
(4) A developmental disabilities ombuds shall not be assigned to investigate a facility or provider of services which provides care or services to a member of that ombuds' immediate family.
[ 2016 c 172 s 8.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Developmental disabilities ombuds—Prohibited acts.


title: RCW 43.382.040

text:
The ombuds shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombuds to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the ombuds shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the ombuds are confidential and are exempt from public disclosure under chapter 42.56 RCW.
[ 2016 c 172 s 9.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.


title: RCW 43.382.050

text:
(1) Identifying information about complainants or witnesses is not subject to any method of legal compulsion and may not be revealed to the legislature or the governor except under the following circumstances: (a) The complainant or witness waives confidentiality; (b) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the ombuds or ombuds' office when the identifying information is necessary to the investigation of the ombuds' acts; or (c) under an investigation or inquiry by the governor as to neglect of duty or misconduct by the ombuds or ombuds' office when the identifying information is necessary to the investigation of the ombuds' acts. Consistently with this section, the ombuds must act to protect sensitive client information.
(2) For the purposes of this section, "identifying information" includes the complainant's or witness's name, location, telephone number, likeness, social security number or other identification number, or identification of immediate family members.
[ 2016 c 172 s 10.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Identifying information—Disclosure.


title: RCW 43.382.060

text:
The privilege described in RCW 43.382.050 does not apply when:
(1) The ombuds or ombuds' staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;
(2) The ombuds or a member of the ombuds' staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk; or
(3) The ombuds has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombuds' office.
[ 2016 c 172 s 11.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Privilege—Exceptions.


title: RCW 43.382.070

text:
(1) An employee of the office of the developmental disabilities ombuds is not liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of the department, an employee of the department of commerce, an employee of a contracting agency of the department, a provider of developmental disabilities services, or a recipient of department services for any communication made, or information given or disclosed, to aid the office of the developmental disabilities ombuds in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(3) All communications by an ombuds, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged and that privilege serves as a defense in any action in libel or slander.
[ 2016 c 172 s 12.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Immunity from liability.


title: RCW 43.382.080

text:
When the ombuds or ombuds' staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombuds or ombuds' staff member shall report the matter, or cause a report to be made, to the appropriate authorities.
[ 2016 c 172 s 13.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Mandatory reporting—Behavior warranting criminal or disciplinary proceedings.


title: RCW 43.382.090

text:
The department and the department of health shall:
(1) Allow the ombuds or the ombuds' designee to communicate privately with any person receiving services from the department, or any person who is part of a fatality or near fatality investigation involving a person with developmental disabilities, for the purposes of carrying out its duties under this chapter;
(2) Permit the ombuds or the ombuds' designee physical access to state institutions serving persons with developmental disabilities and information in the possession of the department concerning state-licensed facilities or residences for the purpose of carrying out its duties under this chapter;
(3) Upon the ombuds' request, grant the ombuds or the ombuds' designee the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department or the department of health that the ombuds considers necessary in an investigation.
[ 2016 c 172 s 14.]
Notes:
Finding—2016 c 172: See note following RCW 43.382.005.

catchline: Department of social and health services—Department of health—Duties.


title: RCW 43.382.801

text:
(1) By November 1, 2028, and in compliance with RCW 43.01.036, the office of the developmental disability [disabilities] ombuds shall submit a report to the appropriate committees of the legislature that includes summaries of resident, parent, and guardian feedback regarding transition of residents out of the Rainier school following July 27, 2025.
(2) This section expires July 1, 2029.
[ 2025 c 410 s 4.]

catchline: Rainier school—Reporting. (Expires July 1, 2029.)


title: RCW 43.384.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the Washington tourism marketing authority created in RCW 43.384.020.
(2) "Board" means the Washington tourism marketing authority board of directors.
(3) "Department" means the department of commerce.
(4) "Director" means the director of the department of commerce.
(5) "Ratepayer oversight board" has the meaning defined in RCW 43.385.010.
(6) "Statewide tourism marketing account" means the account created pursuant to RCW 43.384.040.
[ 2026 c 229 s 14; 2018 c 275 s 2.]


title: RCW 43.384.020

text:
(1) The Washington tourism marketing authority is established as a public body constituting an instrumentality of the state of Washington.
(2) The authority is responsible for contracting for statewide tourism marketing services that promote tourism on behalf of the citizens of the state, and for managing the authority's financial resources.
(3) The authority is responsible for administering a tourism assessment program as set forth in chapter 43.385 RCW. The authority's primary activities of administering government tax funds shall be governed by the authority. The authority's activities with respect to the tourism assessment program shall be governed by the ratepayer oversight board.
(4) The department provides administrative assistance to the authority and serves as the fiscal agent of the authority for moneys appropriated for purposes of the authority until June 30, 2030.
(5) The authority must create a private local account to receive nonstate funds and state funds, other than general fund state funds, contributed to the authority for purposes of this chapter.
[ 2026 c 229 s 15; 2018 c 275 s 3.]


title: RCW 43.384.030

text:
(1) The authority must be governed by a board of directors. The board of directors must consist of:
(a) Two members and two alternates from the house of representatives, with one member and one alternate appointed from each of the two major caucuses of the house of representatives by the speaker of the house of representatives;
(b) Two members and two alternates from the senate, with one member and one alternate appointed from each of the two major caucuses of the senate by the president of the senate; and
(c) Thirteen representatives of tourism businesses appointed by the governor as provided in this subsection (1)(c). Appointments by the governor must reflect diversity in geography, size of business, gender, and ethnicity. No county may have more than four appointments:
(i) Eight members representing businesses paying the assessments ratified under RCW 43.385.050, and nominated by the ratepayer oversight board, except that the initial members shall be nominated by the tourism self-supported assessment advisory group created in section 3, chapter 189, Laws of 2025 and appointed by the authority;
(ii) Two members representing tourism businesses subject to tourism assessments;
(iii) Two members representing official state destination marketing organizations; and
(iv) One member representing a trade association that represents businesses that are subject to tourism assessments.
(2) There must be a nonvoting advisory committee to the board. The advisory committee must consist of:
(a) One ex officio representative from the department, state parks and recreation commission, department of transportation, and other state agencies as the authority deems appropriate; and
(b) One member from a federally recognized Indian tribe appointed by the director of the department.
(3) All appointments must be for four years.
(4) The board must select from its membership the chair of the board and such other officers as it deems appropriate. The chair of the board must be a member from the tourism industry or related businesses.
(5) A majority of the board constitutes a quorum.
(6) The board must create its own bylaws in accordance with the laws of the state of Washington.
(7) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member.
(8) If a vacancy occurs on the board, a replacement must be appointed for the unexpired term.
(9) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties.
(10) The board must meet at least quarterly.
(11) No board member of the authority may serve on the board of an organization that could be considered for a contract authorized under RCW 43.384.050.
[ 2026 c 229 s 16; 2025 c 189 s 2; 2018 c 275 s 4.]
Notes:
Finding—Intent—2025 c 189: "The legislature finds that the tourism industry is the fourth largest economic sector in the state, generating approximately $23.9 billion in annual revenue and employing more than 230,000 direct and induced jobs. Industry data estimates that every dollar a tourist spends generates $1.36 in additional economic impact. In 2018, the legislature created a state-funded tourism marketing program. During the 2023-2025 fiscal biennium, the Washington tourism marketing authority was funded with $4,500,000 per fiscal year. This is significantly less than competitive states. The Washington tourism marketing authority contracts with state of Washington tourism to implement the state tourism program, the results of which have been documented to draw $29 in visitor expenditures for every $1 invested and $3 in state and local tax revenue for every $1 invested.
Therefore, the legislature intends to solicit recommendations to evaluate an industry self-supported assessment to ensure a dedicated and sustainable funding mechanism for statewide tourism promotion and management." [ 2025 c 189 s 1.]

catchline: Board of directors—Membership—Advisory committee—Procedures.


title: RCW 43.384.040

text:
The statewide tourism marketing account is created in the state treasury. All receipts from tax revenues under RCW 82.08.225 and moneys collected pursuant to RCW 19.430.020 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenditures of the department that are related to implementation of a statewide tourism marketing program and operation of the authority. A one-to-one nonstate or state fund, other than general fund state, match must be provided for all expenditures from the account. A match may consist of nonstate or state fund, other than general fund state, cash contributions deposited in the private local account created under *RCW 43.384.020(4), the value of an advertising equivalency contribution, or an in-kind contribution. The board must determine criteria for what qualifies as an in-kind contribution.
[ 2025 c 406 s 5; 2023 c 348 s 1; 2018 c 275 s 5.]
Notes:
*Reviser's note: RCW 43.384.020 was amended by 2026 c 229 s 15, changing subsection (4) to subsection (5).
Findings—Intent—Effective date—2025 c 406: See notes following RCW 19.430.010.

catchline: Statewide tourism marketing account—Matching funds.


title: RCW 43.384.050

text:
(1) From amounts appropriated to the department for the authority and from other moneys available to it, the authority may incur expenditures for any purpose specifically authorized by this chapter including:
(a) Entering into a contract for a multiple year statewide tourism marketing plan with a statewide nonprofit organization whose sole purpose is marketing Washington to tourists. The contract must be equitably inclusive of diverse communities across the state, particularly tribal nations, rural communities, and population centers that historically have not been consulted in the development of destination marketing efforts by the state. The marketing plan must include, but is not limited to, historically and culturally unique communities and rural tourism-dependent counties, natural wonders and outdoor recreation opportunities of the state, including sustainable whale watching, attraction of international tourists, identification of local offerings for tourists, and assistance for tourism areas adversely impacted by natural disasters;
(b) Contracting for the evaluation of the impact of the statewide tourism marketing program; and
(c) Paying for administrative expenses of the authority, which may not exceed two percent of the state portion of funds collected in any fiscal year.
(2) All nonstate moneys received by the authority under RCW 43.384.060 or otherwise provided to the authority for purposes of matching funding must be deposited in the authority's private local account created under *RCW 43.384.020(4) and are held in trust for uses authorized solely by this chapter.
(3) "Sustainable whale watching" means an experience that includes whale watching from land or aboard a vessel that reduces the impact on whales, provides a recreational and educational experience, and motivates participants to care about marine mammals, the sea, and marine conservation.
(4) "Tourism promotion" means programs, projects, and activities undertaken to advertise, market, encourage, and support travel to and within the state and to strengthen or improve the visitor economy, industry, communities, or regions, including but not limited to, and in accordance with policies adopted by the authority:
(a) The establishment, issuance, effectuation, and administration of programs or projects for the advertising and promotion of tourism;
(b) The establishment and implementation of market research, market development, and industry-specific educational projects intended to market, encourage, expand, and improve tourism in the state;
(c) Direct or indirect investments in tourism events and programs and tourism destinations;
(d) Hosting travel trade, tour operators, media, and other travel clients to stimulate tourism;
(e) Leading or participating in state delegations to domestic and international trade shows, marketplaces, and sales missions;
(f) Organizing and hosting statewide tourism conferences and industry convenings that rotate geographically to support businesses and communities;
(g) Participating in events, meetings, and conferences to strengthen tourism partnerships and support industry stakeholders;
(h) Developing and deploying photo, video, and other marketing content to ensure geographic representation and promote diverse destinations in statewide materials;
(i) Promotional hosting, including the provision of travel-related and tourism-related goods and services for economic development and trade promotion purposes, when in the good-faith judgment of the authority such activities aid the marketing, advertising, or promotion of travel to and within the state; and
(j) Payment for in-state, national, and international advertising and promotional campaigns.
(5) The authority may incur expenditures for the purposes of section 3, chapter 189, Laws of 2025 until June 30, 2026.
[ 2026 c 229 s 17; 2025 c 189 s 4; 2019 c 291 s 5; 2018 c 275 s 6.]
Notes:
*Reviser's note: RCW 43.384.020 was amended by 2026 c 229 s 15, changing subsection (4) to subsection (5).
Finding—Intent—2025 c 189: See note following RCW 43.384.030.

catchline: Use of funds.


title: RCW 43.384.060

text:
The board may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the authority and spend gift, grants, or endowments or income from public or private sources according to their terms, unless the receipt of gifts, grants, or endowments violates RCW 29B.45.020.
[ 2024 c 164 s 527; 2018 c 275 s 7.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.

catchline: Receipt of gifts, grants authorized.


title: RCW 43.384.800

text:
The joint legislative audit and review committee must conduct an evaluation of the performance of the authority created in chapter 43.384 RCW and report its findings and recommendations, in compliance with RCW 43.01.036, to the governor and the economic development committees of the senate and house of representatives by December 1, 2023. The purpose of the evaluation is to determine the extent to which the authority has contributed to the growth of the tourism industry and economic development of the state. An interim report by the authority, submitted in compliance with RCW 43.01.036, is due to the governor and economic development committees of the house of representatives and senate by December 1, 2021. The report must provide an update on the authority's progress in implementing a statewide tourism marketing program.
[ 2018 c 275 s 11.]

catchline: Evaluation by joint legislative audit and review committee.


title: RCW 43.384.900

text:
(1) The legislature finds that the tourism industry is the fourth largest economic sector in the state of Washington and provides general economic benefit to the state. Since 2011 there have been minimal general funds committed to statewide tourism marketing and Washington is the only state without a state-funded tourism marketing program. Before 2011, the amount of funds appropriated to statewide tourism marketing was not significant and, in fact, Washington ranked forty-eighth in state tourism funding. Washington has significant attractions and activities for tourists, including many natural outdoor assets that draw visitors to mountains, waterways, parks, and open spaces. There should be a program to publicize these assets and activities to potential out-of-state visitors that is implemented in an expeditious manner by tourism professionals in the private sector.
(2) The purpose of chapter 275, Laws of 2018 is to establish the framework and funding for a statewide tourism marketing program. The program needs to have a structure that includes significant, stable, long-term funding, and it should be implemented and managed by the tourism industry. The source of funds should be from major sectors of the tourism industry with government assistance in collecting these funds and providing accountability for their expenditure. The dedicated sales tax authorized for contributions made in this chapter will bring direct benefits to those making contributions by bringing more tourists into the state who will patronize the participating businesses and create economic benefit for the state.
[ 2018 c 275 s 1.]

catchline: Findings—Purpose—2018 c 275.


title: RCW 43.384.901

text:
This chapter may be known and cited as the statewide tourism marketing act.
[ 2018 c 275 s 8.]

catchline: Short title.


title: RCW 43.385.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Assessment" means the annual fee levied on tourism businesses to fund tourism promotion under this chapter.
(2) "Authority" means the Washington tourism marketing authority created in RCW 43.384.020.
(3) "Department" means the department of commerce.
(4) "Director" means the director of the department or his or her designee.
(5) "Ratepayer oversight board" means the board of representatives from businesses subject to the assessment.
(6) "Tourism business" means businesses that derive a significant portion of revenue from tourism activity in Washington in the following sectors: (a) Lodging; (b) travel services; (c) attractions; (d) recreation; (e) beverage producers; (f) full-service restaurant locations with revenues exceeding $5,000,000 per year; and (g) retailer locations with revenues exceeding $5,000,000 per year.
[ 2026 c 229 s 2.]

catchline: Definitions.


title: RCW 43.385.020

text:
(1) The legislature authorizes the authority to establish a tourism assessment program, subject to tourism business sector ratification and review of the director.
(2) No assessments shall be collected until the referendum process in RCW 43.385.040 is completed and approved by the affected tourism business sector.
(3) The authority shall adopt rules as necessary to carry out the purpose and intent of this chapter. The authority shall give substantial weight to the recommendations made under section 3, chapter 189, Laws of 2025, and the design developed under RCW 43.385.040, when developing rules under this chapter.
(4) Rules promulgated by the authority shall not apply to any federally recognized Indian tribe, any business owned or operated by a federally recognized Indian tribe, any tribal-owned enterprise, or any business operating on land owned in fee or in trust by a tribe or tribal member, unless the tribe or tribal member has officially opted to participate in the tourism assessment program under RCW 43.385.040.
[ 2026 c 229 s 3.]

catchline: Tourism assessment program authorized.


title: RCW 43.385.030

text:
(1)(a) The authority shall appoint a ratepayer oversight board.
(b) For the initial board, the tourism self-supported assessment advisory group created by section 3, chapter 189, Laws of 2025 shall prepare a list of nominees for appointment to the ratepayer oversight board. All nominees for membership on the ratepayer oversight board must be employees or officers of tourism businesses proposed to be subject to the assessment imposed under RCW 43.385.040, pursuant to the ratification procedures established under RCW 43.385.050.
(c) The initial board must be comprised of at least 10 members with at least two representatives from each sector identified in RCW 43.385.010.
(d) Initial board members shall serve for six months or until completion of the initial referendum, and vacancies shall be filled by appointment for the unexpired term.
(e) Subsequent appointments shall be made under the process developed under RCW 43.385.040 and ratified under RCW 43.385.050.
(f) The authority, with review of the director, may remove any appointed member of the ratepayer oversight board for inefficiency, neglect of duty, malfeasance, or four unexcused absences in one year.
(2) The ratepayer oversight board shall:
(a) Develop an annual budget and expenditure plan;
(b) Develop an annual report to the authority and the legislature; and
(c) Monitor program effectiveness and recommend adjustments.
(3) The authority, with review of the director, shall approve an annual budget and approve and submit annual reports to the legislature and office of the governor. The authority must approve or reject the annual budget recommended by the board and may not amend, replace, or independently adopt policies or provisions not submitted by the board.
(4) The ratepayer oversight board shall elect a chair and meet at least quarterly.
[ 2026 c 229 s 4.]

catchline: Ratepayer oversight board.


title: RCW 43.385.035

text:
(1)(a) The budget required by RCW 43.385.030(2) must set forth the complete and detailed financial program of the ratepayer oversight board, showing the revenues and expenditures of the board. The budget must be explanatory, describing how the funding is used to administer and implement the board's programs and priorities, and include the reasons for salient changes from the previous fiscal period in expenditure or revenue items. The budget must explain any major changes to financial policy and contain an outline of the proposed financial policies of the board for the ensuing fiscal period and describe performance indicators that demonstrate measurable progress toward the board's priorities.
(b) The budget must be sufficiently detailed to provide transparency for the ratepayer oversight board's actions on behalf of the industry.
(2) A regular audit shall be conducted under chapter 43.09 RCW. The cost of the audits shall be reimbursed from the tourism assessment program reimbursement account.
[ 2026 c 229 s 11.]


title: RCW 43.385.040

text:
(1) The ratepayer oversight board shall design and propose to the authority for approval the structure of the assessment program, including:
(a) Sector-specific classifications;
(b) Assessment methodology and the rates for each business sector;
(c) A referendum process for ratification;
(d) Opt-out provisions, if applicable;
(e) Revenue thresholds for businesses assessed in each sector, where applicable;
(f) Program term length, and reauthorization and termination procedures; and
(g) The nomination process for the ratepayer oversight board following the initial appointments made in RCW 43.385.030(1). The nomination process designed under this subsection (1)(g) is subject to ratification under RCW 43.385.050.
(2) Pursuant to approval by ratification in accordance with RCW 43.385.050, there shall be levied, and the authority shall collect, upon all participating tourism businesses in this state, an annual assessment to be calculated as a percentage of gross revenue.
(3) An assessment shall not be applied to any federally recognized Indian tribe, any business owned or operated by a federally recognized Indian tribe, any tribal-owned enterprise, or any business operating on land owned in fee or in trust by a tribe or tribal member, unless the tribe or tribal member has officially opted to participate in the tourism assessment program under this section.
[ 2026 c 229 s 5.]

catchline: Assessments.


title: RCW 43.385.050

text:
(1)(a) Within three years of June 11, 2026, the authority shall conduct a referendum among affected businesses to ratify the proposed assessment program. In the case of a failed ratification, the authority may continue to resubmit the same proposal or a modified proposal beyond the three-year limitation.
(b) Each assessed business is entitled to a weighted vote in each referendum. In calculating weighted votes, each assessed business receives a vote equal to the projected assessment paid by that business. The initial referendum must be approved by a majority of the weighted votes cast at the referendum.
(c) For purposes of voting in any referendum, each assessed business is part of one industry sector and one sector-segment, and for voting purposes only, a business with revenue in more than one industry sector or sector-segment shall only be included in the sector and segment in which it earns the most gross revenue.
(d) A sector's assessment may be approved only by a majority of weighted votes from businesses within that same sector. Votes from other sectors are not counted for or against another industry's assessment.
(2) Assessments may begin once ratified by vote and shall be collected on an annual basis.
(3) The cost of any referendum under this section shall be paid by the authority and reimbursed from assessments collected under RCW 43.385.060. The costs incurred by the department in its role associated with RCW 43.384.020 shall be paid for by the authority, regardless of the passage or failure of any referendum.
[ 2026 c 229 s 6.]

catchline: Assessments—Ratification.


title: RCW 43.385.060

text:
The authority shall collect assessments annually from participating businesses, to be distributed as follows:
(1) Funding equal to the amount provided by the state for activities under this section and RCW 43.385.035 and 43.385.050 shall be deposited into the tourism assessment program reimbursement account created under RCW 43.385.090; and
(2) Remaining funds shall be deposited in a separate account, named the tourism assessment account, in any bank that is a state depositary. Assessments collected under the program are not considered state money, common cash, or revenue to the state, and are not subject to legislative appropriation. All expenditures and disbursements made from this account under this chapter may be made without the necessity of a specific legislative appropriation. None of the provisions of RCW 43.01.050 apply to this account or to the moneys received, collected, or expended as provided. Funds in the account must be used solely for tourism promotion as defined in RCW 43.384.050.
[ 2026 c 229 s 7.]

catchline: Assessments—Accounting.


title: RCW 43.385.070

text:
A due and payable assessment levied in such specified amount as determined by the authority constitutes a personal debt of every person so assessed or who otherwise owes the assessment, and the assessment is due and payable to the authority when payment is called for by the authority. If a person fails to pay the authority the full amount of the assessment by the date due, the authority may add to the unpaid assessment an amount not exceeding 10 percent of the assessment to defray the cost of enforcing its collection. If the person fails to pay any such due and payable assessment or other such sum, the authority may bring a civil action for collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable.
[ 2026 c 229 s 9.]

catchline: Assessments—Enforcement.


title: RCW 43.385.080

text:
(1) Financial and commercial information submitted to the authority and the ratepayer oversight board under this chapter is confidential and exempt from public inspection and copying under chapter 42.56 RCW.
(2) This section does not apply to general statistical summaries that do not identify individual businesses.
[ 2026 c 229 s 10.]

catchline: Financial and commercial information—Confidentiality.


title: RCW 43.385.090

text:
The tourism assessment program reimbursement account is created in the custody of the state treasurer. The account shall receive reimbursements from the authority under RCW 43.385.060. Expenditures from the account may only be used for the implementation and operation of the tourism assessment program, including administrative and enforcement costs and audit costs under RCW 43.385.035. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2026 c 229 s 8.]

catchline: Tourism assessment program reimbursement account.


title: RCW 43.385.100

text:
Obligations incurred by the authority or ratepayer oversight board and liabilities or claims against the authority or ratepayer oversight board shall be enforced only against the assets of the authority or ratepayer oversight board in the same manner as if it were a corporation and no liability for the debts or actions of the authority or ratepayer oversight board shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member officer, employee, or agent of the authority or ratepayer oversight board in his or her individual capacity. The members of the authority or ratepayer oversight board, including employees of the authority, shall not be held responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the authority or ratepayer oversight board. The liability of the members of the authority or ratepayer oversight board shall be several and not joint and no member shall be liable for the default of any other member.
[ 2026 c 229 s 12.]

catchline: Liability—Immunity of state.