title: RCW 43.09.430

text:
For purposes of this chapter, "preliminary performance audit report" means a written document prepared after the completion of a performance audit to be submitted for comment before the final performance audit report. The preliminary performance audit report must contain the audit findings and any proposed recommendations to improve the efficiency, effectiveness, or accountability of the state agency being audited.
[ 2022 c 148 s 4; 2005 c 385 s 2.]

catchline: Performance audits—Definition.


doc_type: statute

jurisdiction: wa

title: RCW 43.09.440

text:
The state auditor must solicit comments on preliminary performance audit reports from the audited state agency, the office of the governor, and the office of financial management. Comments must be received within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. All comments shall be incorporated into the final performance audit report. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; conclusions; and identification of best practices.
[ 2022 c 148 s 5; 2012 c 229 s 817; 2005 c 385 s 5.]
Notes:
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Performance audits—Comments.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.09.455

text:
The audited agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons.
For agencies under the authority of the governor, the governor may require periodic progress reports from the audited agency until all resolution has occurred.
For agencies under the authority of an elected official other than the governor, the appropriate elected official may require periodic reports of the action taken by the audited agency until all resolution has occurred.
[ 2022 c 148 s 6; 2005 c 385 s 9.]
Notes:

catchline: Performance audits—Follow-up and corrective action—Progress reports.


title: RCW 43.09.465

text:
By November 1, 2016, building on the findings of the 2011 audit, the state auditor shall conduct a comprehensive performance audit of state printing services in accordance with RCW 43.09.470. Following the audit in 2016, the state auditor shall conduct follow-up audits as deemed necessary to ensure effective implementation of chapter 43, Laws of 2011 1st sp. sess.
[ 2011 1st sp.s. c 43 s 310.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Comprehensive performance audit of state printing services.


title: RCW 43.09.470

text:
(1) In addition to audits authorized under RCW 43.88.160, the state auditor shall conduct independent, comprehensive performance audits of:
(a) State government and each of its agencies, accounts, and programs;
(b) Local governments and each of their agencies, accounts, and programs;
(c) State and local education governmental entities and each of their agencies, accounts, and programs;
(d) State and local transportation governmental entities and each of their agencies, accounts, and programs; and
(e) Other governmental entities, agencies, accounts, and programs.
(2) The term "government" means an agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. This includes individual agencies and programs, as well as those programs and activities that cross agency lines. "Government" includes all elective and nonelective offices in the executive branch and includes the judicial and legislative branches.
(3) The state auditor shall review and analyze the economy, efficiency, and effectiveness of the policies, management, fiscal affairs, and operations of state and local governments, agencies, programs, and accounts. These performance audits shall be conducted in accordance with the United States general accounting office government auditing standards.
(4) The scope for each performance audit shall not be limited and shall include 10 specific elements:
(a) Identification of cost savings;
(b) Identification of services that can be reduced or eliminated;
(c) Identification of programs or services that can be transferred to the private sector;
(d) Analysis of gaps or overlaps in programs or services and recommendations to correct gaps or overlaps;
(e) Feasibility of pooling information technology systems within the department;
(f) Analysis of the roles and functions of the department, and recommendations to change or eliminate departmental roles or functions;
(g) Recommendations for statutory or regulatory changes that may be necessary for the department to properly carry out its functions;
(h) Analysis of departmental performance data, performance measures, and self-assessment systems;
(i) Identification of best practices; and
(j) Analysis of the social equity impact of programs or services.
(5) The state auditor may contract out any performance audits. For counties and cities, the audit may be conducted as part of audits otherwise required by state law. Each audit report shall be submitted to the corresponding legislative body or legislative bodies and made available to the public on or before 30 days after the completion of each audit or each follow-up audit. On or before 90 days after the performance audit is made public, the corresponding legislative body or legislative bodies shall hold at least one public hearing to consider the findings of the audit and shall receive comments from the public. The state auditor is authorized to issue subpoenas to governmental entities for required documents, memos, and budgets to conduct the performance audits.
(6) The state auditor may, at any time, conduct a performance audit to determine not only the efficiency, but also the effectiveness, of any government agency, account, or program. No legislative body, officeholder, or employee may impede or restrict the authority or the actions of the state auditor to conduct independent, comprehensive performance audits. To the greatest extent possible, the state auditor shall instruct and advise the appropriate governmental body on a step-by-step remedy to whatever ineffectiveness and inefficiency is discovered in the audited entity. For performance audits of state government and its agencies, programs, and accounts, the legislature must consider the state auditor reports in connection with the legislative appropriations process.
(7) An annual report will be submitted by the joint legislative audit and review committee by July 1st of each year detailing the status of the legislative implementation of the state auditor's recommendations. Justification must be provided for recommendations not implemented. Details of other corrective action must be provided as well. For performance audits of local governments and their agencies, programs, and accounts, the corresponding legislative body must consider the state auditor reports in connection with its spending practices.
(8) An annual report will be submitted by the legislative body by July 1st of each year detailing the status of the legislative implementation of the state auditor's recommendations. Justification must be provided for recommendations not implemented. Details of other corrective action must be provided as well. The people encourage the state auditor to aggressively pursue the largest, costliest governmental entities first but to pursue all governmental entities in due course.
(9) Follow-up performance audits on any state and local government, agency, account, and program may be conducted when determined necessary by the state auditor. Revenues from the performance audits of government account, created in RCW 43.09.475, shall be used for the cost of the audits.
[ 2025 c 135 s 1; 2006 c 1 s 2 (Initiative Measure No. 900, approved November 8, 2005).]
Notes:
Policies and purposes—2006 c 1 (Initiative Measure No. 900): "It is essential that state and local governments establish credibility with the taxpayers by implementing long-overdue performance audits to ensure accountability and guarantee that tax dollars are spent as cost-effectively as possible. Are politicians spending our current tax revenues as cost-effectively as possible? Voters don't know because politicians have repeatedly blocked our state auditor from conducting independent, comprehensive performance audits on state and local governments, agencies, programs, and accounts. Currently, Washington is the only state in the nation that prohibits the independently elected state auditor from doing the job he or she was hired to do without explicit legislative permission. This handicap is costing the taxpayers billions of dollars in potential savings. Thankfully, this common sense initiative remedies this egregious failure of politicians to enact this reform. It is absurd for politicians to unilaterally impose tax increases or to seek voter approval for tax increases without first learning if we're getting the biggest bang for the buck from our current tax revenues. This measure requires the state auditor to conduct independent, comprehensive performance audits on state and local governments, agencies, programs, and accounts. This act dedicates a portion of the state's existing sales and use tax (1/100th of 1%) to fund these comprehensive performance audits. Similar performance reviews in Texas have saved taxpayers there nine billion dollars out of nineteen billion dollars in identified savings over the past decade. The performance audits required by this common sense initiative will identify solutions to our public policy problems, saving the taxpayers billions of dollars." [ 2006 c 1 s 1 (Initiative Measure No. 900, approved November 8, 2005).]
Construction—2006 c 1 (Initiative Measure No. 900): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2006 c 1 s 7 (Initiative Measure No. 900, approved November 8, 2005).]
Severability—2006 c 1 (Initiative Measure No. 900): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2006 c 1 s 8 (Initiative Measure No. 900, approved November 8, 2005).]
Part headings not law—2006 c 1 (Initiative Measure No. 900): "Part headings used in this act are not part of the law." [ 2006 c 1 s 9 (Initiative Measure No. 900, approved November 8, 2005).]


title: RCW 43.09.471

text:
This act shall be called the performance audits of government act and takes effect December 8, 2005.
[ 2006 c 1 s 10 (Initiative Measure No. 900, approved November 8, 2005).]
Notes:
Policies and purposes—Construction—Severability—Part headings not law—2006 c 1 (Initiative Measure No. 900): See notes following RCW 43.09.470.

catchline: Short title—Effective date—2006 c 1 (Initiative Measure No. 900).


title: RCW 43.09.475

text:
The performance audits of government account is hereby created in the custody of the state treasurer. Revenue identified in RCW * 82.08.020(5) and 82.12.0201 shall be deposited in the account. Money in the account shall be used to fund the performance audits and follow-up performance audits under RCW 43.09.470 and shall be expended by the state auditor in accordance with chapter 1, Laws of 2006. Only the state auditor or the state auditor'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. The performance audits of government account may be appropriated for the joint legislative audit and review committee, the legislative evaluation and accountability program committee, and for the office of financial management's performance audit and compliance audit activities. During the 2019-2021, 2021-2023, and 2023-2025 fiscal biennia, the performance audits of government account may be appropriated for the superintendent of public instruction, the office of the governor, and audits of school districts. In addition, during the 2019-2021 and 2021-2023 fiscal biennia the account may be used to fund the office of financial management's contract for the compliance audit of the state auditor and audit activities at the department of revenue. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the performance audits of government account to the general fund such amounts as reflect the excess fund balance of the account.
[ 2025 c 424 s 947; 2023 c 475 s 928; 2022 c 157 s 14; 2021 c 334 s 970; 2019 c 415 s 963; 2017 3rd sp.s. c 1 s 967; 2016 sp.s. c 36 s 925; 2015 3rd sp.s. c 4 s 954; 2013 2nd sp.s. c 4 s 974; 2011 1st sp.s. c 50 s 942; 2009 c 564 s 929; 2006 c 1 s 5 (Initiative Measure No. 900, approved November 8, 2005).]
Notes:
*Reviser's note: RCW 82.08.020 was amended by 2025 c 417 s 201, changing subsection (5) to subsection (6).
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2023 c 475: See note following RCW 16.76.030.
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—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2009 c 564: See note following RCW 2.68.020.
Policies and purposes—Construction—Severability—Part headings not law—2006 c 1 (Initiative Measure No. 900): See notes following RCW 43.09.470.

catchline: Performance audits of government account.


title: RCW 43.09.480

text:
By December 1, 2032, the state auditor must conduct a comprehensive evaluation of the long-term services and supports trust program established in chapter 50B.04 RCW and deliver a report, including a conclusion and recommendations for improvement to the legislature regarding:
(1) Program operations, including the performance of the long-term services and supports trust commission established in RCW 50B.04.030;
(2) Program financial status, including solvency, the value of the benefit provided, and the financial balance of program benefits to costs;
(3) The overall efficacy of the program, based on the established goals under chapter 363, Laws of 2019 including, but not limited to:
(a) Delaying middle class families' need to spend to poverty to receive medicaid-funded long-term care;
(b) Strengthening the state economy through improving workforce participation;
(c) Reducing the caseload and expenditures of the state medicaid program on long-term care; and
(d) Obtaining shared savings through a medicaid demonstration waiver.
[ 2019 c 363 s 18.]

catchline: Long-term services and supports trust program—Audit—Report.


title: RCW 43.10.005

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Employer" has the same meaning as and shall be interpreted consistent with how that term is defined in RCW 49.60.040, except that for the purposes of this section only the threshold of employees must be fifteen or more.
(b) "Pregnancy" includes the employee's pregnancy and pregnancy-related health conditions, including the need to express breast milk.
(c) "Reasonable accommodation" means:
(i) Providing more frequent, longer, or flexible restroom breaks;
(ii) Modifying a no food or drink policy;
(iii) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station;
(iv) Providing seating or allowing the employee to sit more frequently if her job requires her to stand;
(v) Providing for a temporary transfer to a less strenuous or less hazardous position;
(vi) Providing assistance with manual labor and limits on lifting;
(vii) Scheduling flexibility for prenatal visits;
(viii) Providing reasonable break time for an employee to express breast milk for two years after the child's birth each time the employee has need to express the milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the employee to express breast milk. If the business location does not have a space for the employee to express milk, the employer shall work with the employee to identify a convenient location and work schedule to accommodate their needs; and
(ix) Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the attending health care provider of the employee.
(d) "Undue hardship" means an action requiring significant difficulty or expense. An employer may not claim undue hardship for the accommodations under (c)(i), (ii), and (iv) of this subsection, or for limits on lifting over seventeen pounds.
(2) It is an unfair practice for any employer to:
(a) Fail or refuse to make reasonable accommodation for an employee for pregnancy, unless the employer can demonstrate that doing so would impose an undue hardship on the employer's program, enterprise, or business;
(b) Take adverse action against an employee who requests, declines, or uses an accommodation under this section that affects the terms, conditions, or privileges of employment;
(c) Deny employment opportunities to an otherwise qualified employee if such denial is based on the employer's need to make reasonable accommodation required by this section;
(d) Require an employee to take leave if another reasonable accommodation can be provided for the employee's pregnancy.
(3) An employer may request that the employee provide written certification from her treating health care professional regarding the need for reasonable accommodation, except for accommodations listed in subsection (1)(c)(viii) and (d) of this section.
(4)(a) This section does not require an employer to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.
(b) This section does not require an employer to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need accommodation.
(5) The department of labor and industries must provide online education materials explaining the respective rights and responsibilities of employers and employees who have a health condition related to pregnancy or childbirth. The online education materials must be prominently displayed on the department's website.
(6) The attorney general shall investigate complaints and enforce this section, including by conference and conciliation. In addition to the complaint process with the attorney general, any person believed to be injured by a violation of this section has a civil cause of action in court to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit and reasonable attorneys' fees or any other appropriate remedy authorized by state or federal law.
(7) This section does not preempt, limit, diminish, or otherwise affect any other provision of law relating to sex discrimination or pregnancy, or in any way diminish or limit legal protections or coverage for pregnancy, childbirth, or a pregnancy-related health condition.
[ 2020 c 111 s 1; 2019 c 134 s 1; 2017 c 294 s 3.]
Notes:
Findings—2017 c 294: See note following RCW 74.09.475.

catchline: Workplace pregnancy accommodations—Unfair practices—Definitions. (Effective until January 1, 2027.)


title: RCW 43.10.010

text:
No person shall be eligible to be attorney general unless he or she is a qualified practitioner of the supreme court of this state.
Before entering upon the duties of his or her office, any person elected or appointed attorney general shall take, subscribe, and file the oath of office as required by law; take, subscribe, and file with the secretary of state an oath to comply with the provisions of RCW 43.10.115; and execute and file with the secretary of state, a bond to the state, in the sum of five thousand dollars, with sureties to be approved by the governor, conditioned for the faithful performance of his or her duties and the paying over of all moneys, as provided by law.
[ 2009 c 549 s 5046; 1973 c 43 s 1; 1965 c 8 s 43.10.010. Prior: 1929 c 92 s 1, part; RRS s 11030, part; prior: 1921 c 119 s 1; 1888 p 7 s 4.]
Notes:
Severability—1973 c 43: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 c 43 s 6.]

catchline: Qualifications—Oath—Bond.


title: RCW 43.10.020

text:
If the governor deems any bond filed by the attorney general insufficient, he or she may require an additional bond for any amount not exceeding five thousand dollars.
If any attorney general fails to give such additional bond as required by the governor within twenty days after notice in writing of such requirement, his or her office may be declared vacant by the governor and filled as provided by law.
[ 2009 c 549 s 5047; 1965 c 8 s 43.10.020. Prior: (i) 1929 c 92 s 1, part; RRS s 11030, part. (ii) 1929 c 92 s 2; RRS s 11031; prior: 1921 c 119 s 1; 1888 p 7 ss 4, 5.]

catchline: Additional bond—Penalty for failure to furnish.


title: RCW 43.10.030

text:
The attorney general shall:
(1) Appear for and represent the state before the supreme court or the court of appeals in all cases in which the state is interested;
(2) Institute and prosecute all actions and proceedings for, or for the use of the state, which may be necessary in the execution of the duties of any state officer;
(3) Defend all actions and proceedings against any state officer or employee acting in his or her official capacity, in any of the courts of this state or the United States;
(4) Consult with and advise the several prosecuting attorneys in matters relating to the duties of their office, and when the interests of the state require, he or she shall attend the trial of any person accused of a crime, and assist in the prosecution;
(5) Consult with and advise the governor, members of the legislature, and other state officers, and when requested, give written opinions upon all constitutional or legal questions relating to the duties of such officers;
(6) Prepare proper drafts of contracts and other instruments relating to subjects in which the state is interested;
(7) Give written opinions, when requested by either branch of the legislature, or any committee thereof, upon constitutional or legal questions;
(8) Enforce the proper application of funds appropriated for the public institutions of the state, and prosecute corporations for failure or refusal to make the reports required by law;
(9) Keep in proper books a record of all cases prosecuted or defended by him or her, on behalf of the state or its officers, and of all proceedings had in relation thereto, and deliver the same to his or her successor in office;
(10) Keep books in which he or she shall record all the official opinions given by him or her during his or her term of office, and deliver the same to his or her successor in office;
(11) Pay into the state treasury all moneys received by him or her for the use of the state.
[ 2009 c 549 s 5048; 1975 c 40 s 5; 1971 c 81 s 109; 1965 c 8 s 43.10.030. Prior: (i) 1929 c 92 s 3; RRS s 112. (ii) 1929 c 92 s 4; RRS s 11032; prior: 1891 c 55 s 2; 1888 p 8 s 6.]

catchline: General powers and duties.


title: RCW 43.10.035

text:
Upon receipt of information from the state auditor as provided in *RCW 43.09.050(3) as now or hereafter amended, the attorney general shall direct prosecutions in the name of the state for all official delinquencies in relation to the assessment, collection, and payment of the revenue, against all persons who, by any means, become possessed of public money or property, and fail to pay over or deliver the same, and against all debtors of the state.
[ 1977 ex.s. c 144 s 9.]
Notes:
*Reviser's note: RCW 43.09.050 was amended by 1992 c 118 s 6, changing subsection (3) to subsection (4).

catchline: Prosecutions for official delinquencies in the assessment, collection and payment of revenue; failure to pay over or deliver public money or property; and against all debtors of the state.


title: RCW 43.10.040

text:
The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings, and advise all officials, departments, boards, commissions, or agencies of the state in all matters involving legal or quasi legal questions, except those declared by law to be the duty of the prosecuting attorney of any county.
[ 1965 c 8 s 43.10.040. Prior: 1941 c 50 s 1, part; Rem. Supp. 1941 s 11034-3, part.]

catchline: Representation of boards, commissions and agencies.


title: RCW 43.10.045

text:
The legislature may employ or retain counsel of its own choosing. However, the legislature shall notify the attorney general whenever it makes a decision to use the services of such counsel to represent it or any of its members in a particular judicial or administrative proceeding. With respect to any such proceeding where the legislature has not so notified the attorney general, the attorney general shall represent the legislature until so notified. For purposes of this section, "legislature" means the senate and house of representatives together. The major purposes of this section are to confirm and implement in statute law the constitutional power of the legislative branch to select its own counsel.
[ 1986 c 323 s 1.]

catchline: Retention of counsel by legislature—Notice—Representation in absence of notice.


title: RCW 43.10.050

text:
The attorney general may execute, on behalf of the state, any appeal or other bond required to be given by the state in any judicial proceeding to which it is a party in any court, and procure sureties thereon.
[ 1965 c 8 s 43.10.050. Prior: 1929 c 92 s 6; RRS s 11034; prior: 1905 c 99 s 1.]

catchline: Authority to execute appeal and other bonds.


title: RCW 43.10.060

text:
The attorney general may appoint necessary assistants who shall have the power to perform any act which the attorney general is authorized by law to perform. Subject to any collective bargaining agreement, assistants shall hold office at the attorney general's pleasure.
[ 2019 c 145 s 6; 2009 c 549 s 5049; 1965 c 8 s 43.10.060. Prior: 1929 c 92 s 7, part; RRS s 11034-1, part.]
Notes:
Findings—Intent—2019 c 145: See note following RCW 41.80.400.

catchline: Appointment and authority of assistants.


title: RCW 43.10.065

text:
The attorney general may employ or discharge attorneys and employees to transact for the state, its departments, officials, boards, commissions, and agencies, all business of a legal or quasi legal nature, except those declared by law to be the duty of the judge of any court, or the prosecuting attorney of any county.
[ 1965 c 8 s 43.10.065. Prior: 1941 c 50 s 1, part; Rem. Supp. 1941 s 11034-3, part. Formerly RCW 43.10.060, part.]

catchline: Employment of attorneys and employees to transact state's legal business.


title: RCW 43.10.067

text:
No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney in any legal or quasi legal capacity in the exercise of any of the powers or performance of any of the duties specified by law to be performed by the attorney general, except where it is provided by law to be the duty of the judge of any court or the prosecuting attorney of any county to employ or appoint such persons: PROVIDED, That RCW 43.10.040, and 43.10.065 through 43.10.080 shall not apply to the administration of the commission on judicial conduct, the state law library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, or the representation of an estate administered by the director of the department of revenue or the director's designee pursuant to chapter 11.28 RCW.
The authority granted by chapter 1.08 RCW, RCW 44.28.065, and 47.01.061 shall not be affected hereby.
[ 1997 c 41 s 9. Prior: 1987 c 364 s 1; 1987 c 186 s 7; prior: 1985 c 133 s 2; 1985 c 7 s 108; 1981 c 268 s 1; 1965 c 8 s 43.10.067; prior: (i) 1941 c 50 s 2; Rem. Supp. 1941 s 11034-4. (ii) 1941 c 50 s 4; Rem. Supp. 1941 s 11034-6. Formerly RCW 43.01.080.]

catchline: Employment of attorneys by others restricted.


title: RCW 43.10.070

text:
Subject to any collective bargaining agreement, the attorney general shall fix the compensation of all assistants, attorneys, and employees, and in the event they are assigned to any department, board, or commission, such department, board, or commission shall pay the compensation as fixed by the attorney general, not however in excess of the amount made available to the department by law for legal services.
[ 2019 c 145 s 5; 1965 c 8 s 43.10.070. Prior: 1941 c 50 s 1, part; Rem. Supp. 1941 s 11034-3, part.]
Notes:
Findings—Intent—2019 c 145: See note following RCW 41.80.400.

catchline: Compensation of assistants, attorneys, and employees.


title: RCW 43.10.080

text:
The attorney general may employ such skilled experts, scientists, technicians, or other specially qualified persons as he or she deems necessary to aid him or her in the preparation or trial of actions or proceedings.
[ 2009 c 549 s 5050; 1965 c 8 s 43.10.080. Prior: 1941 c 50 s 3; Rem. Supp. 1941 s 11034-5.]

catchline: Employment of experts, technicians.


title: RCW 43.10.085

text:
(1) The attorney general shall designate investigator positions that are limited authority Washington peace officers as defined in RCW 10.93.020.
(2) An investigator designated as a limited authority Washington peace officer under this section may investigate economic and financial crimes.
(3) The authority of an investigator in this section does not include the power to detain or arrest, and an investigator shall not be armed.
(4) The authority of an investigator in this section to serve search warrants is limited to electronic service on a business after the search warrant is approved by a judicial officer. An investigator shall not physically serve a search warrant for business records.
(5) An investigator who is a limited authority Washington peace officer under this section is subject to all applicable requirements in chapter 43.101 RCW, including but not limited to training and criminal background checks.
(6) The attorney general shall not employ any person as a limited authority Washington peace officer investigator if that person's history or conduct meets the standards requiring denial, suspension, or revocation of an officer's certification under RCW 43.101.105.
(7) The investigative authority or criminal jurisdiction of any other law enforcement agency is not modified by this section.
(8) For the purposes of this section, "investigator" means an employee of the office of the attorney general whose job responsibilities include investigation of a suspected economic or financial crime. "Investigator" does not include office of the attorney general personnel identified in RCW 74.67.010.
[ 2026 c 242 s 1.]

catchline: Designation of investigators as limited authority peace officers.


title: RCW 43.10.090

text:
Upon the written request of the governor, the attorney general shall investigate violations of the criminal laws within this state.
If, after such investigation, the attorney general believes that the criminal laws are improperly enforced in any county, and that the prosecuting attorney of the county has failed or neglected to institute and prosecute violations of such criminal laws, either generally or with regard to a specific offense or class of offenses, the attorney general shall direct the prosecuting attorney to take such action in connection with any prosecution as the attorney general determines to be necessary and proper.
If any prosecuting attorney, after the receipt of such instructions from the attorney general, fails or neglects to comply therewith within a reasonable time, the attorney general may initiate and prosecute such criminal actions as he or she shall determine. In connection therewith, the attorney general shall have the same powers as would otherwise be vested in the prosecuting attorney.
From the time the attorney general has initiated or taken over a criminal prosecution, the prosecuting attorney shall not have power or authority to take any legal steps relating to such prosecution, except as authorized or directed by the attorney general.
[ 2009 c 549 s 5051; 1965 c 8 s 43.10.090. Prior: 1937 c 88 s 1; RRS s 112-1.]
Notes:
Corporations, governor may require attorney general to investigate: RCW 43.06.010.
Prosecuting attorneys, governor may require attorney general to aid: RCW 43.06.010.

catchline: Criminal investigations—Supervision.


title: RCW 43.10.095

text:
(1) There is created, as a component of the homicide investigative tracking system, a supervision management and recidivist tracking system called the SMART system. The office of the attorney general may contract with any state, local, or private agency necessary for implementation of and training for supervision management and recidivist tracking program partnerships for development and operation of a statewide computer linkage between the attorney general's homicide investigative tracking system, local police departments, and the state department of corrections. Dormant information in the supervision management and recidivist tracking system shall be automatically archived after seven years. The department of corrections shall notify the attorney general when each person is no longer under its supervision.
(2) As used in this section, unless the context requires otherwise:
(a) "Dormant" means there have been no inquiries by the department of corrections or law enforcement with regard to an active supervision case or an active criminal investigation in the past seven years.
(b) "Archived" means information which is not in the active database and can only be retrieved for use in an active criminal investigation.
[ 1998 c 223 s 2.]
Notes:
Finding—1998 c 223: "The legislature finds that increased communications between local law enforcement officers and the state department of corrections' community corrections officers improves public safety through shared monitoring and supervision of offenders living in the community under the jurisdiction of the department of corrections.
Participating local law enforcement agencies and the local offices of the department of corrections have implemented the supervision management and recidivist tracking program, whereby each entity provides mutual assistance in supervising offenders living within the boundaries of local law enforcement agencies. The supervision management and recidivist tracking program has helped local law enforcement solve crimes faster or prevented future criminal activity by reporting offender's sentence violations in a more timely manner to community corrections officers by rapid and comprehensive electronic sharing of information regarding supervised offenders. The expansion of the supervision management and recidivist tracking program will improve public safety throughout the state." [ 1998 c 223 s 1.]

catchline: Homicide investigative tracking system—Supervision management and recidivist tracking (SMART) system.


title: RCW 43.10.097

text:
The homicide investigative tracking system and the supervision management and recidivist tracking system are tools for the administration of criminal justice and these systems may not be used for any other purpose.
[ 1998 c 223 s 3.]
Notes:
Finding—1998 c 223: See note following RCW 43.10.095.

catchline: Homicide investigative tracking system—Purpose limited.


title: RCW 43.10.101

text:
The attorney general shall prepare annually a report to the transportation committees of the legislature, the governor, the department of transportation, and the transportation commission comprising a comprehensive summary of all cases involving tort claims against the department of transportation involving highways which were concluded and closed in the previous calendar year. The report shall include for each case closed:
(1) A summary of the factual background of the case;
(2) Identification of the attorneys representing the state and the opposing parties;
(3) A synopsis of the legal theories asserted and the defenses presented;
(4) Whether the case was tried, settled, or dismissed, and in whose favor;
(5) The approximate number of attorney hours expended by the state on the case, together with the corresponding dollar amount billed therefore; and
(6) Such other matters relating to the case as the attorney general deems relevant or appropriate, especially including any comments or recommendations for changes in statute law or agency practice that might effectively reduce the exposure of the state to such tort claims.
[ 2006 c 334 s 14; 2005 c 319 s 104; 1995 2nd sp.s. c 14 s 527.]
Notes:
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Severability—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.

catchline: Report to transportation entities—Tort claims.


title: RCW 43.10.105

text:
(1) The attorney general may issue written civil investigative demands for documents, oral testimony, and answers to written interrogatories when facts and circumstances would reasonably lead to possible violations of the United States Constitution, Washington state Constitution, RCW 10.93.160 and 43.10.315, and chapters 39.12, 49.46, 49.48, 49.52, 49.60, and 70.48 RCW, as reviewed and approved by an assistant attorney general in the division conducting the investigation.
(2)(a) Whenever the attorney general believes that any person or entity:
(i) May be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate, which he or she believes to be relevant to the subject matter of an investigation of a possible violation of state or federal law under subsection (1) of this section; or
(ii) May have knowledge of any information which the attorney general believes relevant to the subject matter of such an investigation, he or she may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such a person, a civil investigative demand requiring such person or entity to produce such documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony, or any combination of such demands pertaining to such documentary material or information.
(b) A civil investigative demand must comply with the following criteria: (i) The investigation must be within the authority of the office of the attorney general; (ii) the demand must not be too indefinite; and (iii) any information sought must be reasonably relevant to the investigation.
(c) A civil investigative demand may not be issued under this section in an investigation of any federal government agency or its officers or employees for conduct undertaken in the course of their official duties.
(d) This section is not applicable to criminal investigations or prosecutions. The criminal justice division of the office of the attorney general is prohibited from issuing civil investigative demands under this section.
(3) Each such demand shall:
(a) State the statute and section or sections thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation;
(b) If the demand is for the production of documentary material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded;
(c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral testimony is to be taken; and
(d) Identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony.
(4) No such demand shall:
(a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a request for answers to written interrogatories, or a request for deposition upon oral examination issued by a court of this state; or
(b) Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state.
(5) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the person to be served, or, if such person is not a natural person, to any officer or managing agent of the entity to be served; or
(b) Delivering a duly executed copy thereof to the principal place of business in this state of the person or entity to be served; or
(c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person or entity to be served at the principal place of business in this state, or, if said person or entity has no place of business in this state, to his, her, or its principal office or place of business.
(6)(a) Documentary material demanded pursuant to the provisions of this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person or entity served, or at such other times and places as may be agreed upon by the person or entity served and the attorney general.
(b) Written interrogatories in a demand served under this section shall be answered in the same manner as provided in the civil rules for superior court.
(c) The oral testimony of any person or entity obtained pursuant to a demand served under this section shall be taken in the same manner as provided in the civil rules for superior court for the taking of depositions. In the course of the deposition, the assistant attorney general conducting the examination may exclude from the place where the examination is held all persons other than the person being examined, the person's counsel, and the officer before whom the testimony is to be taken.
(d) Any person or entity compelled to appear pursuant to a demand for oral testimony under this section may be accompanied by counsel.
(e) The oral testimony of any person or entity obtained pursuant to a demand served under this section shall be taken in the county within which the person or entity resides, is found, or transacts business, or in such other place as may be agreed upon between the person or entity served and the attorney general.
(7) If, after prior court approval, a civil investigative demand specifically prohibits disclosure of the existence or content of the demand, unless otherwise ordered by a superior court for good cause shown, it shall be a misdemeanor for any person or entity if not a bank, trust company, mutual savings bank, credit union, or savings and loan association organized under the laws of the United States or of any one of the United States to disclose to any other person or entity the existence or content of the demand, except for disclosure to counsel for the recipient of the demand or unless otherwise required by law.
(8)(a) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by a superior court for good cause shown, be produced for inspection or copying by, nor shall the contents thereof be disclosed to other than an authorized employee of the attorney general, without the consent of the person or entity who produced such material, answered written interrogatories, or gave oral testimony, except as otherwise provided in this section.
(b)(i) Under such reasonable terms and conditions as the attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and copying by the person or entity who produced such material, answered written interrogatories, or gave oral testimony, or any duly authorized representative of such person or entity.
(ii)(A) Except as provided in (b)(ii)(B) of this subsection, and consistent with RCW 43.17.425, the attorney general may provide copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony to an official of this state, the federal government, or other state, who is charged with the enforcement of federal or state laws, if before the disclosure the receiving official agrees in writing that the information may not be disclosed to anyone other than that official or the official's authorized employees. The material provided under this subsection (8)(b)(ii) is subject to the confidentiality restrictions set forth in this section and may not be introduced as evidence in a criminal investigation or prosecution.
(B) The attorney general may not provide copies of documentary material, answers to written interrogatories, or transcripts of oral testimony to any state, local, or federal law enforcement agency, or to any person or entity for purposes of any criminal law enforcement investigation.
(c) Consistent with RCW 43.17.425, the attorney general or any assistant attorney general may use such copies of documentary material, answers to written interrogatories, or transcripts of oral testimony as he or she determines necessary in the enforcement of federal or state law, including presentation before any court. However, any such material, answers to written interrogatories, or transcripts of oral testimony which contain trade secrets shall not be presented except with the approval of the court in which action is pending after adequate notice to the person or entity furnishing such material, answers to written interrogatories, or oral testimony.
(9) At any time before the return date specified in the demand, or within 30 days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued pursuant to subsection (1) of this section, stating good cause, may be filed in the superior court for Thurston county, or in such other county where the parties reside. A petition, by the person or entity on whom the demand is served, stating good cause, to require the attorney general or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court shall have jurisdiction to impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
(10) Whenever any person or entity fails to comply with any civil investigative demand for documentary material, answers to written interrogatories, or oral testimony duly served upon him, her, or it under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and such person or entity refuses to surrender such material, the attorney general may file, in the trial court of general jurisdiction of the county in which such person or entity resides, is found, or transacts business, and serve upon such person or entity a petition for an order of such court for the enforcement of this section, except that if such person or entity transacts business in more than one county such petition shall be filed in the county in which such person or entity maintains his, her, or its principal place of business, or in such other county as may be agreed upon by the parties to such petition. Whenever any petition is filed in the trial court of general jurisdiction of any county under this section, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry into effect the provisions of this section, and may impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
(11) Within four years of June 11, 2026, the attorney general shall provide a report to the appropriate committees of the legislature detailing any use of civil investigative demand authority granted under this section. The report must include, but is not limited to:
(a) The number of civil investigative demands issued by year;
(b) The number of civil investigative demands set aside by the court by year;
(c) The number of civil investigative demands by year that resulted in an informal, presuit resolution of alleged violations of law; and
(d) The number of civil investigative demands by year that resulted in the attorney general filing an action in superior court to enforce alleged violations of law.
(12) This section does not supersede or displace the authority of the attorney general related to civil investigative demands under other statutes.
[ 2026 c 243 s 1.]

catchline: Civil investigations—Demands for documents, testimony.


title: RCW 43.10.110

text:
The attorney general shall have the power and it shall be his or her duty to perform any other duties that are, or may from time to time be required of him or her by law.
[ 2009 c 549 s 5052; 1965 c 8 s 43.10.110. Prior: 1929 c 92 s 8; RRS s 11034-2.]

catchline: Other powers and duties.


title: RCW 43.10.115

text:
The attorney general shall not practice law for remuneration in his or her private capacity:
(1) As an attorney in any court of this state during his or her continuance in office; or
(2) As adviser or advocate for any person who may wish to become his or her client.
[ 2009 c 549 s 5053; 1973 c 43 s 2.]
Notes:
Severability—1973 c 43: See note following RCW 43.10.010.

catchline: Private practice of law—Attorney general—Prohibited.


title: RCW 43.10.120

text:
No full time deputy or assistant attorney general shall practice law for remuneration in his or her private capacity:
(1) As an attorney in any court of this state during his or her continuance in office; or
(2) As adviser or advocate for any person who may wish to become his or her client.
[ 2009 c 549 s 5054; 1973 c 43 s 3.]
Notes:
Severability—1973 c 43: See note following RCW 43.10.010.

catchline: Private practice of law—Deputies and assistants—Prohibited.


title: RCW 43.10.125

text:
Special assistant attorney generals [attorneys general] employed on less than a full time basis to transact business of a legal or quasi legal nature for the state, such assistants and attorneys may practice law in their private capacity as attorney.
[ 1973 c 43 s 4.]
Notes:
Severability—1973 c 43: See note following RCW 43.10.010.

catchline: Private practice of law—Special assistant attorney generals.


title: RCW 43.10.130

text:
None of the provisions of RCW 43.10.010 and 43.10.115 through 43.10.125 shall be construed as prohibiting the attorney general or any of his or her full time deputies or assistants from:
(1) Performing legal services for himself or herself or his or her immediate family; or
(2) Performing legal services of a charitable nature.
[ 2009 c 549 s 5055; 1973 c 43 s 5.]
Notes:
Severability—1973 c 43: See note following RCW 43.10.010.

catchline: Private practice of law—Exceptions.


title: RCW 43.10.150

text:
A legal services revolving fund is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the legal services provided to agencies of the state government by the attorney general. During the 2013-2015 fiscal biennium, the legislature may transfer from the legal services revolving account to the state general fund such amounts as reflect the excess fund balance of the account.
[ 2013 2nd sp.s. c 4 s 975; 1974 ex.s. c 146 s 1; 1971 ex.s. c 71 s 1.]
Notes:
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—1974 ex.s. c 146: "This act shall take effect on July 1, 1974 for costs, billings and charges affecting the 1975 fiscal year and subsequent biennia." [ 1974 ex.s. c 146 s 5.]
Legal services revolving fund—Approval of certain changes required: RCW 43.88.350.

catchline: Legal services revolving fund—Created—Purpose.


title: RCW 43.10.160

text:
The amounts to be disbursed from the legal services revolving fund from time to time shall be transferred thereto by the state treasurer from funds appropriated to any and all agencies for legal services or administrative expenses on a quarterly basis. Agencies operating in whole or in part from nonappropriated funds shall pay into the legal services revolving fund such funds as will fully reimburse funds appropriated to the attorney general for any legal services provided activities financed by nonappropriated funds.
The director of financial management shall allot all such funds to the attorney general for the operation of his or her office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other agencies headed by elected officers under chapter 43.88 RCW.
[ 2009 c 549 s 5056; 1979 c 151 s 94; 1974 ex.s. c 146 s 2; 1971 ex.s. c 71 s 2.]
Notes:
Effective date—1974 ex.s. c 146: See note following RCW 43.10.150.

catchline: Legal services revolving fund—Transfers and payments into fund—Allotments to attorney general.


title: RCW 43.10.170

text:
Disbursements from the legal services revolving fund shall be pursuant to vouchers executed by the attorney general or his or her designee in accordance with the provisions of RCW 43.88.160.
[ 2009 c 549 s 5057; 1971 ex.s. c 71 s 3.]

catchline: Legal services revolving fund—Disbursements.


title: RCW 43.10.180

text:
(1) The attorney general shall keep such records as are necessary to facilitate proper allocation of costs to funds and agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be adjusted in line with actual costs incurred at intervals not to exceed six months.
(2) During the 2009-2011 fiscal biennium, all expenses for administration of the office of the attorney general shall be allocated to and paid from the legal services revolving fund in accordance with accounting procedures prescribed by the director of financial management.
[ 2009 c 564 s 930; 2007 c 522 s 951; 2005 c 518 s 927; 2003 1st sp.s. c 25 s 917; 1979 c 151 s 95; 1974 ex.s. c 146 s 3; 1971 ex.s. c 71 s 4.]
Notes:
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2007 c 522: See notes following RCW 15.64.050.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—1974 ex.s. c 146: See note following RCW 43.10.150.

catchline: Legal services revolving fund—Allocation of costs to funds and agencies—Accounting—Billing.


title: RCW 43.10.190

text:
In cases where there are unanticipated demands for legal services or where there are insufficient funds on hand or available for payment through the legal services revolving fund or in other cases of necessity, the attorney general may request payment for legal services directly from agencies for whom the services are performed to the extent that revenues or other funds are available. Upon approval by the director of financial management the agency shall make the requested payment. The payment may be made on either an advance or reimbursable basis as approved by the director of financial management.
[ 1979 c 151 s 96; 1971 ex.s. c 71 s 5.]

catchline: Legal services revolving fund—Direct payments from agencies.


title: RCW 43.10.200

text:
Court costs, attorneys' fees, and other expenses recovered by the attorney general shall be deposited in the legal services revolving fund and shall be considered as returned loans of materials supplied or services rendered. Such amounts may be expended in the same manner and under the same conditions and restrictions as set forth in section 11, chapter 282, Laws of 1969 ex. sess.
[ 1971 ex.s. c 71 s 6.]

catchline: Legal services revolving fund—Recovered court costs, fees and expenses—Deposit in fund—Expenditure.


title: RCW 43.10.210

text:
The legislature having found that antitrust laws and the enforcement thereof are necessary for the protection of consumers and businesses, and further that the creation of an antitrust revolving fund provides a reasonable means of funding antitrust actions by the attorney general, and that the existence of such a fund increases the possibility of obtaining funding from other sources, now therefore creates the antitrust revolving fund.
[ 1974 ex.s. c 162 s 1.]

catchline: Antitrust revolving fund—Legislative finding and purpose.


title: RCW 43.10.215

text:
There is hereby created the antitrust revolving fund in the custody of the state treasurer which shall consist of: Funds appropriated to the revolving fund, funds transferred to the revolving fund pursuant to a court order or judgment in an antitrust action; gifts or grants made to the revolving fund; and funds awarded to the state or any agency thereof for the recovery of costs and attorney fees in an antitrust action: PROVIDED HOWEVER, That to the extent that such costs constitute reimbursement for expenses directly paid from constitutionally dedicated funds, such recoveries shall be transferred to the constitutionally dedicated fund.
[ 1974 ex.s. c 162 s 2.]


title: RCW 43.10.220

text:
The attorney general is authorized to expend from the antitrust revolving fund, created by RCW 43.10.210 through 43.10.220, such funds as are necessary for the payment of costs, expenses and charges incurred in the preparation, institution and maintenance of antitrust actions under the state and federal antitrust acts. During the 2015-2017 fiscal biennium, the attorney general may expend from the antitrust revolving fund for the purposes of the consumer protection activities of the office.
[ 2016 sp.s. c 36 s 926; 2002 c 371 s 907; 1999 c 309 s 916; 1974 ex.s. c 162 s 3.]
Notes:
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Severability—Effective date—2002 c 371: See notes following RCW 9.46.100.
Severability—Effective date—1999 c 309: See notes following RCW 41.06.152.

catchline: Antitrust revolving fund—Expenditures.


title: RCW 43.10.230

text:
The purpose of RCW 43.10.232 is to grant authority to the attorney general concurrent with the county prosecuting attorneys to investigate and prosecute crimes. The purpose of *RCW 43.10.234 is to insure access by the attorney general to the procedural powers of the various prosecuting attorneys in exercising criminal prosecutorial authority granted in RCW 43.10.232 or otherwise granted by the legislature.
[ 1981 c 335 s 1.]
Notes:
*Reviser's note: The reference to RCW 43.10.234 appears to be erroneous. RCW 10.01.190 was apparently intended.

catchline: Purpose.


title: RCW 43.10.232

text:
(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the request of or with the concurrence of any of the following:
(a) The county prosecuting attorney of the jurisdiction in which the offense has occurred;
(b) The governor of the state of Washington; or
(c) A majority of the committee charged with the oversight of the organized crime intelligence unit.
(2) Such request or concurrence shall be communicated in writing to the attorney general.
(3) Prior to any prosecution by the attorney general under this section, the attorney general and the county in which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees, and defense attorneys' fees associated with any such prosecution.
[ 1986 c 257 s 16; 1981 c 335 s 2.]
Notes:
Severability—1986 c 257: See note following RCW 9A.56.010.

catchline: Concurrent authority to investigate crimes and initiate and conduct prosecutions—Payment of costs.


title: RCW 43.10.234

text:
If both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general:
(1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and
(2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.
[ 1981 c 335 s 3.]

catchline: Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorney.


title: RCW 43.10.240

text:
The attorney general shall annually report to the chief of the Washington state patrol a summary of the attorney general's investigative and criminal prosecution activity conducted pursuant to this chapter. Except to the extent the summary describes information that is a matter of public record, the information made available to the chief of the Washington state patrol shall be given all necessary security protection in accordance with the terms and provisions of applicable laws and rules and shall not be revealed or divulged publicly or privately.
[ 2009 c 560 s 26; 1985 c 251 s 1.]
Notes:
Intent—Effective date—Disposition of property and funds—Assignment/delegation of contractual rights or duties—2009 c 560: See notes following RCW 18.06.080.

catchline: Investigative and criminal prosecution activity—Annual report—Security protection.


title: RCW 43.10.250

text:
Upon request of a prosecuting attorney, the attorney general may assume responsibility for the appellate review of a criminal case or assist the prosecuting attorney in the appellate review if the attorney general finds that the case involves fundamental issues affecting the public interest and the administration of criminal justice in this state.
[ 1985 c 251 s 2.]

catchline: Appellate review of criminal case.


title: RCW 43.10.260

text:
The attorney general may: (1) Assist local law enforcement officials in the development of cases arising under the criminal profiteering laws with special emphasis on narcotics related cases; (2) assist local prosecutors in the litigation of criminal profiteering or drug asset forfeiture cases, or, at the request of a prosecutor's office, litigate such cases on its behalf; and (3) conduct seminars and training sessions on prosecution of criminal profiteering cases and drug asset forfeiture cases.
[ 1991 c 345 s 2.]
Notes:
Findings—1991 c 345: "The legislature finds that drug asset forfeiture and criminal profiteering laws allow law enforcement officials and the courts to strip drug dealers and other successful criminals of the wealth they have acquired from their crimes and the assets they have used to facilitate those crimes. These laws are rarely used by prosecutors, however, because of the difficulty in identifying profiteering and the assets that criminals may have as a result of their crimes. It is the intent of the legislature to provide assistance to local law enforcement officials and state agencies to seize the assets of criminals and the proceeds of their profiteering." [ 1991 c 345 s 1.]

catchline: Criminal profiteering—Assistance to local officials.


title: RCW 43.10.270

text:
All assets recovered pursuant to RCW 43.10.260 shall be distributed in the following manner: (1) For drug asset forfeitures, pursuant to the provisions of RCW 69.50.505; and (2) for criminal profiteering cases, pursuant to the provisions of RCW 9A.82.100.
[ 1991 c 345 s 3.]
Notes:
Findings—1991 c 345: See note following RCW 43.10.260.

catchline: Criminal profiteering—Asset recovery.


title: RCW 43.10.290

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, there is hereby created an office of military and veteran legal assistance within the office of the attorney general for the purpose of promoting and facilitating civil legal assistance programs, pro bono services, and self-help services for military service members, veterans, and their family members domiciled or stationed in Washington state.
(2) For the purposes of this section and RCW 43.10.292 and 43.10.294, the following definitions apply:
(a) The term "service member" means an active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
(b) The term "veteran" has the same meaning as defined in RCW 41.04.005 and 41.04.007.
(c) The term "family member" means the spouse or domestic partner, surviving spouse, surviving domestic partner, and dependent minor children under twenty-one years of age of a living or deceased service member or veteran for whom the service member or veteran provided at least one-half of that person's support in the previous one hundred eighty days before seeking assistance of the programs and services authorized by this chapter.
(3) The attorney general may not directly provide legal assistance, advice, or representation in any context, unless otherwise authorized by law, and the attorney general may not provide legal assistance programs, pro bono services, or self-help services to a service member, veteran, or family member being criminally prosecuted.
[ 2017 c 163 s 1.]

catchline: Office of military and veteran legal assistance—Created—Definitions—Limitations.


title: RCW 43.10.292

text:
The office of military and veteran legal assistance shall:
(1) Recruit and train volunteer attorneys and identify service programs willing to perform pro bono services for service members, veterans, and their family members, and create and maintain a registry of the same;
(2) Assess and assign requests for pro bono services to volunteer attorneys and service programs registered with the office; and
(3) Establish an advisory committee that will include, among others, representatives from legal assistance offices on military installations, the office of civil legal aid, the Washington state bar association's legal assistance to military personnel section, the Washington state veterans bar association, relevant office of military service and support organizations, and organizations involved in coordinating, supporting, and delivering civil legal aid and pro bono legal services in Washington state. The committee shall provide advice and assistance regarding program design, operation, volunteer recruitment and support strategies, service delivery objectives and priorities, and funding.
[ 2017 c 163 s 2.]

catchline: Office of military and veteran legal assistance—Duties.


title: RCW 43.10.294

text:
The attorney general may apply for and receive grants, gifts, donations, bequests, or other contributions to help support and to be used exclusively for the operations of the office of military and veteran legal assistance.
[ 2017 c 163 s 3.]

catchline: Office of military and veteran legal assistance—Grants, gifts, donations.


title: RCW 43.10.305

text:
(1) The attorney general's office shall oversee a hate crimes and bias incidents hotline staffed during business hours and dedicated to assisting people who have been targeted or affected by hate crimes and bias incidents. The hotline shall:
(a) Provide appropriate information and referral to people who have been targeted or affected by hate crimes and bias incidents that is victim-centered, culturally competent, and trauma-informed;
(b) Be as accessible to as many residents of Washington as possible, regardless of language proficiency, as much as is practically possible within the limits of the resources appropriated to operate the hotline.
(2)(a) The attorney general's office shall:
(i) To the extent possible, identify local service providers and culturally specific services to refer people who have been targeted or affected by hate crimes and bias incidents;
(ii) Coordinate and partner with other counties and any other hotlines relevant to the hotline; and
(iii) Establish and appoint an advisory committee that will include, among others, representatives from legal aid, at least five community organizations working with historically underserved communities across the state, local and culturally specific service providers, state agencies, and any other entities the attorney general's office deems relevant to the program. The advisory committee shall provide advice and assistance regarding program design, operation, outreach, service delivery objectives and priorities, and funding.
(b) To ensure that the advisory committee has diverse and inclusive representation of those affected by its work, advisory committee members shall be compensated as provided in RCW 43.03.220.
(c) Advisory committee members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization.
(d)(i) By July 1, 2025, the attorney general's office must develop and implement a pilot hotline program that will assist individuals targeted or affected by hate crimes in at least three counties. One of those counties must be in eastern Washington.
(ii) By January 1, 2027, the attorney general's office must implement the program statewide.
(e) No later than July 1, 2027, and at least annually thereafter, the attorney general's office must provide information regarding hate crimes and bias incidents reported to the hotline during the prior calendar year to the governor, senate, and house of representatives, and make the information publicly available on its website, excluding the personal identifying information of any individual.
(f) Any information regarding hate crimes or bias incidents that reveals the personal identifying information of any individual: (i) Must not be included in any public report prepared in accordance with this section; and (ii) is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.
(3) Any law enforcement agency in this state that receives a report of a hate crime or bias incident shall provide the phone number and website address of the hotline to the targeted or affected person.
(4) Whenever a hate crime is reported to the hotline by a member of the public, the hotline shall inquire whether the person reported the hate crime or bias incident to law enforcement. If the person targeted or affected by the hate crime or bias incident consents to sharing personal identifying information with the primary local law enforcement agency of the jurisdiction in which the hate crime or bias incident occurred, the hotline shall promptly share the targeted or affected person's name, address, and contact information with the primary local law enforcement agency. If the targeted or affected person consents to share some but not all personal identifying information, the hotline must share only the information the targeted or affected person has consented to share.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Bias incident" means a person's hostile expression of animus toward another person, relating to the other person's actual or perceived characteristics as listed in RCW 9A.36.080(1) or 49.60.030(1), of which criminal investigation or prosecution is impossible or inappropriate. "Bias incident" does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer, and does not include expressions of opposition or support for the actions or policies of a foreign or domestic government protected under free speech.
(b) "Hate crime" means the commission, attempted commission, or alleged commission of an offense described in RCW 9A.36.080.
(c) "Hate crimes and bias incidents hotline" or "hotline" means the communications channel or channels overseen by the attorney general's office pursuant to this section.
(d) "Law enforcement agency" means any general or limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020.
(e) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer as those terms are defined in RCW 10.93.020.
(f) "Local service providers" means providers of services to people who have been targeted or affected by hate crimes and bias incidents, including without limitation crisis intervention, advocacy, information and referral, and outreach and awareness, that are located in the same geographic area that the hate crime or bias incident occurred or where the targeted or affected person resides.
(g) "Personal identifying information" means any information that can be used to distinguish or trace an individual's identity, such as name, prior legal name, alias, mother's maiden name, date or place of birth, residence, mailing address, telephone number, email address, social security number, driver's license number, bank account number, or other similar information.
(h) "Protected class" means a class of individuals who are members of, or perceived as being members of, a group based on one or more of the following shared characteristics: Race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability.
[ 2024 c 299 s 1.]
Notes:
Effective date—2024 c 299: "This act takes effect January 1, 2025." [ 2024 c 299 s 5.]
Private right of action—2024 c 299: "This act does not create or limit any private right of action." [ 2024 c 299 s 3.]

catchline: Hate crimes and bias incidents hotline.


title: RCW 43.10.310

text:
(1) The attorney general, in consultation with appropriate stakeholders, must publish model policies within twelve months after May 21, 2019, for limiting immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, health facilities operated by the state or a political subdivision of the state, courthouses, and shelters, to ensure they remain safe and accessible to all Washington residents, regardless of immigration or citizenship status.
(2) All public schools, health facilities either operated by the state or a political subdivision of the state, and courthouses must:
(a) Adopt necessary changes to policies consistent with the model policy; or
(b) Notify the attorney general that the agency is not adopting the changes to its policies consistent with the model policy, state the reasons that the agency is not adopting the changes, and provide the attorney general with a copy of the agency's policies.
(3) All other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, are encouraged to adopt the model policy.
(4) Implementation of any policy under this section must be in accordance with state and federal law; policies, grants, waivers, or other requirements necessary to maintain funding; or other agreements related to the operation and functions of the organization, including databases within the organization.
(5) The definitions in RCW 43.17.420 apply to this section.
[ 2019 c 440 s 4.]
Notes:
Findings—Construction—Conflict with federal requirements—Effective date—2019 c 440: See notes following RCW 43.17.425.

catchline: Immigration enforcement model policies—Adoption by schools, health facilities, courthouses.


title: RCW 43.10.315

text:
To ensure state and law enforcement agencies are able to foster the community trust necessary to maintain public safety, within twelve months of May 21, 2019, the attorney general must, in consultation with appropriate stakeholders, publish model policies, guidance, and training recommendations consistent with chapter 440, Laws of 2019 and state and local law, aimed at ensuring that state and local law enforcement duties are carried out in a manner that limits, to the fullest extent practicable and consistent with federal and state law, engagement with federal immigration authorities for the purpose of immigration enforcement. All state and local law enforcement agencies must either:
(1) Adopt policies consistent with that guidance; or
(2) Notify the attorney general that the agency is not adopting the guidance and model policies, state the reasons that the agency is not adopting the model policies and guidance, and provide the attorney general with a copy of the agency's policies to ensure compliance with chapter 440, Laws of 2019.
[ 2019 c 440 s 7.]
Notes:
Findings—Construction—Conflict with federal requirements—Effective date—2019 c 440: See notes following RCW 43.17.425.

catchline: Immigration enforcement model policies—Adoption by law enforcement agencies.


title: RCW 43.10.320

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, there is hereby created a missing and murdered indigenous women and people cold case investigations assistance unit within the office of the attorney general for the purpose of assisting federal, municipal, county, and tribal law enforcement agencies to solve cold cases involving missing and murdered indigenous women and people.
(2) The missing and murdered indigenous women and people cold case investigations assistance unit may proactively offer assistance to the law enforcement agency with primary jurisdiction over a missing or murdered indigenous women or person cold case. The missing and murdered indigenous women and people cold case investigations assistance unit shall not investigate or assist with a criminal investigation except at the request of the law enforcement agency with primary jurisdiction over the case, in which case the assistance shall be limited to the content of such request.
(3) The missing and murdered indigenous women and people cold case investigations assistance unit shall prioritize assistance to jurisdictions that do not have sufficient resources to investigate cold cases.
(4) The missing and murdered indigenous women and people cold case investigations assistance unit shall include an advocate or case navigator.
(5) Nothing in this section alters the attorney general's concurrent authority to investigate and prosecute crimes.
[ 2023 c 104 s 2.]
Notes:
Findings—2023 c 104: "The legislature finds that:
(1) American Indian and Alaska Native women experience violence at much higher rates than the national average. A recent federal study reported that Native American women are murdered at rates greater than 10 times the national average. Many of these crimes, however, are often unsolved or even unreported because there are also very high rates of disappearance for Native American women;
(2) The national center for disease control reports that homicide is the sixth-leading cause of death for indigenous women and girls and the third-leading cause of death for indigenous men;
(3) The legislature established the Washington state missing and murdered indigenous women and people task force in the attorney general's office to address the crisis, and in 2022 the task force unanimously recommended the legislature establish and fully fund a cold case investigations unit in the attorney general's office that can offer assistance to law enforcement agencies with jurisdiction over unsolved cold cases involving missing and murdered indigenous women and people;
(4) Cold cases vary in scope, but may include unsolved homicides, sexual offenses, sexually motivated offenses, missing persons, and cases of unidentified remains;
(5) Cold cases may include cases in which the investigating agency is not actively working the case and has suspended the investigation;
(6) Most law enforcement agencies in Washington state do not have dedicated cold case units, and can benefit from assistance;
(7) When cases go cold, family members of native and indigenous women and girls often continue to search for their loved one using their own resources;
(8) The attorney general's office and Washington state patrol have dedicated significant time and resources towards working with families of missing and murdered indigenous women and people to build trust and engagement;
(9) The homicide investigation tracking system (HITS) program within the attorney general's office tracks and investigates homicides and rapes. HITS partners with Washington law enforcement agencies to collect, analyze, link, and then provide law enforcement with information that will facilitate the resolution of violent crimes and speed the apprehension and prosecution of violent criminals. Typically, in every calendar year, HITS will respond to almost 800 requests for assistance or information. The investigators who work in HITS also provide expertise to the local and national jurisdictions on homicide and rape investigations;
(10) A missing and murdered indigenous women and people cold case unit should use a culturally attuned, trauma-informed, and family and victim-centered approach in assisting local law enforcement agencies; and (11) A missing and murdered indigenous women and people cold case investigation unit will expand resources available to law enforcement, coroners, and other agencies." [ 2023 c 104 s 1.]

catchline: Missing and murdered indigenous women and people cold case investigations assistance unit.


title: RCW 43.10.325

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general shall publish and maintain on its website a missing persons toolkit that contains regularly updated information related to locating and recovering missing persons.
(2) The missing persons toolkit must contain information and resources to help understand and engage with the process of reporting missing persons including, at minimum, the following:
(a) An explanation of how to report a missing person to an applicable law enforcement agency or other entity charged with receiving such reports;
(b) An overview of the kinds of information that may be helpful to provide when reporting a missing person;
(c) Additional steps that may be taken to assist with recovering a missing person after a report has been made;
(d) Suggestions and resources for navigating difficulties that are commonly encountered during the process of reporting and recovering a missing person, including a list of resources that may offer counseling and assistance to family members, friends, and community members of missing persons;
(e) Information, developed in consultation with the Washington state missing and murdered indigenous women and people task force, that is specifically tailored to reporting and recovering missing indigenous women and persons; and
(f) Information that is specifically tailored to reporting and recovering missing persons who are particularly vulnerable due to age, health, or mental or physical disability or condition.
(3) The office of the attorney general shall publish the missing persons toolkit in the top 10 languages spoken in Washington state and, at the discretion of the office of the attorney general, other languages.
(4) The office of the attorney general shall publish the missing persons toolkit in the following formats:
(a) A full digital version available on the office of the attorney general's website; and
(b) An abbreviated hard copy version made available to law enforcement agencies and any other relevant entities identified by the office of the attorney general, to be distributed by the applicable law enforcement agency or other entity when a person seeks to report a missing person.
(5) The office of the attorney general shall publish the first version of the missing persons toolkit in all formats specified under subsection (4) of this section by November 1, 2023, and, beginning in 2024, review the missing persons toolkit annually and publish an updated version incorporating any relevant changes by November 1st of each year thereafter.
[ 2023 c 212 s 2.]
Notes:
Short title—2023 c 212: "This act may be known and cited as the missing and murdered indigenous women and persons and Lucian act." [ 2023 c 212 s 1.]

catchline: Missing persons toolkit.


title: RCW 43.100A.300

text:
For the purpose of providing funds to finance the projects described and authorized by the legislature in the omnibus capital and operating appropriations acts for the 2017-2019 fiscal biennium, and all costs incidental thereto, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of two billion nine hundred thirty million two hundred thirty thousand dollars, or as much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
[ 2018 c 3 s 101.]
Notes:
Effective date—2018 c 3: "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 [January 19, 2018]." [ 2018 c 3 s 307.]

catchline: General obligation bonds for capital and operating appropriations acts.


title: RCW 43.100A.301

text:
(1) The proceeds from the sale of bonds authorized in RCW 43.100A.300 shall be deposited in the state building construction account created by RCW 43.83.020. The proceeds shall be transferred as follows:
(a) Two billion seven hundred six million one hundred thirty-one thousand dollars to remain in the state building construction account created by RCW 43.83.020.
(b) Two hundred twenty-four million ninety-nine thousand dollars to the state taxable building construction account. All receipts from taxable bonds issued are to be deposited into the account. If the state finance committee deems it necessary or advantageous to issue more than the amount specified in this subsection (1)(b) as taxable bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds or in order to reduce the total financing costs for bonds issued, the proceeds of such additional taxable bonds shall be transferred to the state taxable building construction account in lieu of any transfer otherwise provided by this section. If the state finance committee determines that a portion of the amount specified in this subsection (1)(b) as taxable bonds may be issued as nontaxable bonds in compliance with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, then such bond proceeds shall be transferred to the state building construction account in lieu of the transfer to the state taxable building construction account otherwise provided by this subsection (1)(b). The state treasurer shall submit written notice to the director of financial management if it is determined that any such additional transfer to the state taxable building construction account is necessary or that a transfer from the state taxable building construction account to the state building construction account may be made. Moneys in the account may be spent only after appropriation.
(c) The treasurer shall transfer bond proceeds deposited in the state building construction account into the outdoor recreation account created by RCW 79A.25.060, the habitat conservation account created by RCW 79A.15.020, the farm and forest account created by RCW 79A.15.130, and the early learning facilities development account, at various times and in various amounts necessary to support authorized expenditures from those accounts.
(d) The treasurer shall transfer bond proceeds deposited in the state taxable building construction account into the early learning facilities revolving account, at various times and in various amounts necessary to support authorized expenditures from that account.
(2) These proceeds shall be used exclusively for the purposes specified in this section and for the payment of expenses incurred in the issuance and sale of the bonds issued for the purposes of this section, and shall be administered by the office of financial management subject to legislative appropriation.
[ 2018 c 3 s 102.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: Conditions and limitations.


title: RCW 43.100A.302

text:
(1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of and interest on the bonds authorized in RCW 43.100A.300.
(2) The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in RCW 43.100A.300.
(3) On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW 43.100A.301(1) (a) through (d) the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debt-limit general fund bond retirement account an amount equal to the amount certified by the state finance committee to be due on the payment date.
[ 2018 c 3 s 103.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: Retirement of bonds—Reimbursement of general fund from debt-limit general fund bond retirement account.


title: RCW 43.100A.303

text:
(1) Bonds issued under RCW 43.100A.300 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.
[ 2018 c 3 s 104.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: Pledge and promise—Remedies.


title: RCW 43.100A.304

text:
The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 43.100A.300, and RCW 43.100A.301 and 43.100A.302 shall not be deemed to provide an exclusive method for the payment.
[ 2018 c 3 s 105.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: Payment of principal and interest—Additional means for raising money authorized.


title: RCW 43.100A.305

text:
For the purpose of providing funds for the watershed and fisheries restoration and enhancement program, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of three hundred million dollars, or as much thereof as may be required, to finance the projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine.
[ 2018 c 3 s 201.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: General obligation bonds for watershed and fisheries restoration and enhancement.


title: RCW 43.100A.307

text:
The proceeds from the sale of the bonds authorized in RCW 43.100A.305 must be deposited in the watershed restoration and enhancement bond account. If the state finance committee deems it necessary to issue the bonds authorized in RCW 43.100A.305 as taxable bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such taxable bonds must be deposited into the watershed restoration and enhancement taxable bond account. The state treasurer shall submit written notice to the director of financial management if it is determined that any such transfer to the watershed restoration and enhancement taxable bond account is necessary. The proceeds shall be used exclusively for the purposes specified in RCW 43.100A.305 and for the payment of expenses incurred in the issuance and sale of the bonds. These proceeds shall be administered by the office of financial management.
[ 2018 c 3 s 203.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.


title: RCW 43.100A.308

text:
The debt-limit general fund bond retirement account shall be used for the payment of the principal of and interest on the bonds authorized in RCW 43.100A.305. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements. On each date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debt-limit general fund bond retirement account an amount equal to the amount certified by the state finance committee to be due on the payment date. Bonds issued under RCW 43.100A.305 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.
[ 2018 c 3 s 204.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: Retirement of bonds—Reimbursement of general fund from debt-limit general fund bond retirement account—Pledge and promise—Remedies.


title: RCW 43.100A.309

text:
The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 43.100A.305, and RCW 43.100A.308 shall not be deemed to provide an exclusive method for the payment.
[ 2018 c 3 s 205.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.


title: RCW 43.100A.310

text:
The bonds authorized in RCW 43.100A.305 shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.
[ 2018 c 3 s 206.]
Notes:
Effective date—2018 c 3: See note following RCW 43.100A.300.

catchline: Legal investment.


title: RCW 43.100A.311

text:
For the purpose of providing funds to finance the projects described and authorized by the legislature in the omnibus capital and operating appropriations acts for the 2017-2019 and 2019-2021 fiscal biennia and future biennia, and all costs incidental thereto, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of three billion two hundred million nine hundred twenty-six thousand dollars, or as much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
[ 2023 c 473 s 302; 2019 c 414 s 1.]
Notes:
Effective date—2023 c 473: See note following RCW 43.100A.321.
Effective date—2019 c 414: "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 [May 21, 2019]." [ 2019 c 414 s 8.]

catchline: Issuance and sale.