Title 44 RCW — State Government—Legislative

title-44RCW tit. 44CodeJan 1, 1900

Title 44 RCW State Government—Legislative

Chapter 44.04 RCW General Provisions

RCW 44.04.010 Date of regular sessions.

Regular sessions of the legislature shall be held annually, commencing on the second Monday of January.

[ 1980 c 87 s 27; 1979 ex.s. c 48 s 1; 1891 c 20 s 1; RRS s 8177. ]

NOTES:

Effective date—1979 ex.s. c 48: "This 1979 act shall take effect on January 1, 1980, if the proposed amendment to Article II, section 12 of the state Constitution by Substitute Senate Joint Resolution No. 110, providing for annual sessions of the legislature, is validly submitted and is approved and ratified by the voters at a general election held in November, 1979. If the proposed amendment is not so approved and ratified, this 1979 act shall be null and void in its entirety." [ 1979 ex.s. c 48 s 2.] "This 1979 act" refers to the amendment to RCW 44.04.010 by 1979 ex.s. c 48. Substitute Senate Joint Resolution No. 110 was approved and ratified by the people at the November 6, 1979, general election.

Regular and special sessions: State Constitution, Art. 2 s 12.

RCW 44.04.012 Special legislative session—Legislature may convene.

The legislature may convene a special legislative session as follows:

(1) A resolution calling for convening a special legislative session shall set forth the date and time for convening the session, the duration of the session which shall not exceed 30 days, together with the purpose or purposes for which the session is called. Members of the house of representatives or senate may present a proposed resolution for the convening of a special legislative session to the committee on rules of their respective houses.

(2) The authority to place a resolution convening a special legislative session before the legislature is vested in the committee on rules of the house of representatives and the committee on rules of the senate.

(3) Upon a majority vote of both the committee on rules of the house of representatives and the committee on rules of the senate in favor of a resolution convening a special legislative session, a vote of the house of representatives and senate shall be taken on such resolution.

(4) The chief clerk of the house of representatives and the secretary of the senate shall conduct the vote on the resolution by written ballot of the members of their respective houses under such procedures as may be ordered by the committee on rules of their house. The results of such vote shall be transmitted to the members of the legislature and shall be a public record and shall be entered upon the journal of the house of representatives and senate at the convening of the next legislative session.

(5) If two-thirds of the members elected or appointed to each house vote in favor of the resolution, then a special legislative session shall be convened in accordance with the resolution.

[ 2022 c 150 s 2. ]

NOTES:

Finding—2022 c 150: "Article II, section 12 of the state Constitution provides that special legislative sessions may be convened by resolution of the legislature through an affirmative vote in both chambers of two-thirds of the members elected. Such vote may take place either during the legislative session or "during any interim between sessions in accordance with such procedures as the legislature may provide by law or resolution." The legislature finds that in order to act swiftly and effectively when the need for a special session arises during an interim, as well as preserve continuity of process, the procedures for calling itself into special session should be memorialized in law." [ 2022 c 150 s 1.]

RCW 44.04.021 Commencement of terms of office.

The regular term of office of each senator and representative shall commence on the second Monday in January following the date of election.

[ 1987 c 13 s 1; 1981 c 288 s 68. Formerly RCW 44.07B.870. ]

RCW 44.04.040 Vouchers for pay and mileage of members—Warrants.

The chief clerk of the house of representatives and the secretary of the senate are hereby directed to prepare vouchers for the state treasurer for the mileage and daily pay of members of the legislature on presentation of certificates showing amounts due for miles traveled and services rendered to dates specified. The certificates shall be signed by the speaker or president, and countersigned by the chief clerk or secretary, respectively, of the body to which the members belong. The state treasurer shall issue warrants which shall be in favor of and payable to the order of the persons named in said certificates.

[ 1973 c 106 s 17; 1890 p 6 s 1; RRS s 8150. ]

NOTES:

Annual salary: RCW 43.03.010.

Mileage allowance: State Constitution Art. 2 s 23; RCW 43.03.010.

RCW 44.04.041 Warrants for pay and mileage of members—Payment of.

Upon presentation of a warrant drawn as provided for in RCW 44.04.040, to the state treasurer, that officer shall pay the same out of any money in the treasury of the state appropriated for the expenses of the legislature of the state of Washington: PROVIDED, That should there be no money in the state treasury covered by such appropriation, the state treasurer shall indorse such fact on the warrant presented, and said warrant shall draw interest from the date of such presentation and indorsement, and shall be payable thereafter in the manner provided by existing law and custom.

[ 1890 p 6 s 2; RRS s 8151. Formerly RCW 44.04.070, part. ]

RCW 44.04.050 Vouchers for pay of employees—Warrants.

The chief clerk of the house of representatives and the secretary of the senate shall prepare vouchers for the state treasurer for sums covering amounts due officers and employees of the legislature on presentation of certificates signed by the speaker or president, and countersigned by the chief clerk or secretary of the body in which the service of the officer or employee is rendered, and showing amounts due to dates specified. The state treasurer shall issue warrants which shall be drawn in favor and be made payable to the order of the officer or employee named in each certificate.

[ 1973 c 106 s 18; 1890 p 3 s 1; RRS s 8148. ]

RCW 44.04.051 Warrants for pay of employees—Payment of.

Upon presentation to the state treasurer of a warrant drawn as provided for in RCW 44.04.050, that officer shall pay the same from any money in the state treasury appropriated for the expenses of the legislature of the state of Washington: PROVIDED, That should there be no money in the treasury of the state covered by such appropriation, the state treasurer shall indorse such fact on the warrant presented, and said warrant shall draw interest from date of such indorsement and shall be payable thereafter as is provided by law and custom.

[ 1890 p 3 s 2; RRS s 8149. Formerly RCW 44.04.070, part. ]

RCW 44.04.060 Vouchers for incidental expenses—Warrants.

The chief clerk of the house of representatives and the secretary of the senate are hereby directed to prepare vouchers for the state treasurer for the incidental expenses of the legislature, on presentation of certificates showing amounts due for material furnished and services rendered to dates specified. The certificates shall be signed by the speaker or president, and countersigned by the sergeant-at-arms, respectively, of the body ordering the expenditures. The state treasurer shall issue warrants which shall be in favor of and payable to the order of the persons named in said certificates.

[ 1973 c 106 s 19; 1890 p 10 s 1; RRS s 8152. ]

RCW 44.04.070 Warrants for incidental expenses—Payment of.

Upon presentation of a warrant, drawn as provided for in RCW 44.04.060, to the state treasurer, that officer shall pay the same out of any money in the treasury of the state appropriated for the expenses of the legislature of the state of Washington: PROVIDED, That should there be no money in the state treasury covered by such appropriation, the state treasurer shall indorse such fact on the warrant presented, and said warrant shall draw interest from the date of such presentation and indorsement, and shall be payable thereafter in the manner provided by existing law and custom.

[ 1890 p 10 s 2; RRS s 8153. FORMER PARTS OF SECTION: (i) 1890 p 3 s 2, now codified as RCW 44.04.051. (ii) 1890 p 6 s 2, now codified as RCW 44.04.041. ]

RCW 44.04.090 Warrants for subsistence and lodging.

The state treasurer shall issue warrants for said reimbursement supported by affidavits that the reimbursement is claimed for expenses of subsistence and lodging actually incurred without itemization and without receipts. Such warrants shall be immediately paid from any funds appropriated for the purpose.

[ 1973 c 106 s 20; 1941 c 173 s 2; Rem. Supp. 1941 s 8153-2. ]

RCW 44.04.100 Contest of election—Depositions.

Any person desiring to contest the election of any member of the legislature, may, at any time after the presumptive election of such member and before the convening of the ensuing regular session of the legislature, have the testimony of witnesses, to be used in support of such contest, taken and perpetuated, by serving not less than three days' written notice upon the member whose election he or she desires to contest, of his or her intention to institute such contest and that he or she desires to take the testimony of certain witnesses named in such notice, at a time and place named therein, before a notary public duly commissioned and qualified and residing in the county where the presumptive member resides, giving the name of such notary public, which deposition shall be taken in the manner provided by law for the taking of depositions in civil actions in the superior court. The presumptive member of the legislature, whose election is to be contested, shall have the right to appear, in person or by counsel, at the time and place named in the notice, and cross examine any witness produced and have such cross examination made a part of such deposition, and to produce witnesses and have their depositions taken for the purpose of sustaining his or her election. The notary public before whom such deposition is taken shall transmit such depositions to the presiding officer of the senate, or house of representatives, as the case may be, in which said contest is to be instituted, in the care of the secretary of state, at the state capitol, by registered mail, and it shall be the duty of the secretary of state upon the convening of the legislature to transmit said depositions, unopened, to the presiding officer of the senate, or the house of representatives, as the case may be, to whom it is addressed, and in case such contest is instituted said depositions may be opened and read in evidence in the manner provided by law for the opening and introduction of depositions in civil actions in the superior court.

[ 2009 c 549 s 6001; 1927 c 205 s 1; RRS s 8162-1. Prior: Code 1881 ss 3125-3139. ]

NOTES:

Contest of elections: Chapter 29A.68 RCW.

Depositions: Rules of court: CR 26 through 37.

Legislature to judge election and qualifications of members: State Constitution Art. 2 s 8.

Recall: State Constitution Art. 1 ss 33, 34, chapter 29A.56 RCW.

RCW 44.04.120 Members' allowances when engaged in legislative business.

Each member of the senate or house of representatives when serving on official legislative business shall be entitled to receive, in lieu of per diem or any other payment, for each day or major portion thereof in which he or she is actually engaged in legislative business or business of the committee, commission, or council, notwithstanding any laws to the contrary, an allowance in an amount fixed by the secretary of the senate and chief clerk of the house, respectively, in accordance with applicable rules and resolutions of each body. Such allowance shall be reasonably calculated to reimburse expenses, exclusive of mileage, which are ordinary and necessary in the conduct of legislative business, recognizing cost variances which are encountered in different locales. The allowance authorized shall not exceed the greater of forty-four dollars per day or the maximum daily amount determined under RCW 43.03.050, as now or hereafter amended. In addition, a mileage allowance shall be paid at the rate per mile provided for in RCW 43.03.060, as now or hereafter amended, when authorized by the house, committee, commission, or council of which he or she is a member and on the business of which he or she is engaged.

[ 2009 c 549 s 6002; 1985 c 3 s 1; 1979 ex.s. c 255 s 3; 1974 ex.s. c 157 s 2; 1973 1st ex.s. c 197 s 5; 1967 ex.s. c 112 s 4; 1963 ex.s. c 7 s 1; 1959 ex.s. c 10 s 1. ]

NOTES:

Effective date—1979 ex.s. c 255: See note following RCW 43.03.010.

RCW 44.04.125 Allowances of members-elect when attending meetings.

Each member-elect of the senate or house of representatives who attends any meeting of the legislature or any of its committees, upon the invitation of the committee on rules of his or her respective house, shall be entitled to receive per diem, mileage, and incidental expense allowances at the rates prescribed in chapter 44.04 RCW, as now or hereafter amended.

[ 1975 1st ex.s. c 185 s 1. ]

RCW 44.04.170 Information from municipal associations.

It shall be the duty of each association of municipal corporations or municipal officers, which is recognized by law and utilized as an official agency for the coordination of the policies and/or administrative programs of municipal corporations, to submit biennially, or oftener as necessary, to the governor and to the legislature the joint recommendations of such participating municipalities regarding changes which would affect the efficiency of such municipal corporations. Such associations shall include but shall not be limited to the Washington state association of fire commissioners and the Washington state school directors' association.

[ 2007 c 31 s 7; 1999 c 153 s 59; 1970 ex.s. c 69 s 2. ]

NOTES:

Part headings not law—1999 c 153: See note following RCW 57.04.050.

Purpose—1970 ex.s. c 69: "It is the purpose of this act to assist the legislature in obtaining adequate information as to the needs of its municipal corporations and other public agencies and their recommendations for improvements." [ 1970 ex.s. c 69 s 1.]

Intent—Construction—1970 ex.s. c 69: "The intent of this act is to clarify and implement the powers of the public agencies to which it relates and nothing herein shall be construed to impair or limit the existing powers of any municipal corporation or association." [ 1970 ex.s. c 69 s 3.]

RCW 44.04.200 References to regular session of the legislature.

After June 12, 1980, all references in the Revised Code of Washington to a regular session of the legislature mean a regular session during an odd- or even-numbered year unless the context clearly requires otherwise.

[ 1980 c 87 s 1. ]

RCW 44.04.210 Gender-neutral terms.

(1) All statutes, memorials, and resolutions enacted, adopted, or amended by the legislature after July 1, 1983, shall be written in gender-neutral terms unless a specification of gender is intended.

(2) No statute, memorial, or resolution is invalid because it does not comply with this section.

[ 1983 c 20 s 3. ]

NOTES:

Intent—1983 c 20: See note following RCW 43.01.160.

Number and gender in statutes: RCW 1.12.050.

RCW 44.04.230 Teachers' insurance benefits—Reimbursement.

The chief clerk of the house of representatives and the secretary of the senate shall prepare vouchers for the state treasurer for sums covering amounts due a school district for any teacher who is on a leave of absence as a legislator, and who has chosen to continue insurance benefits provided by the school district, in lieu of insurance benefits provided to that legislator as a state employee. The amount of reimbursement due the school district is for the actual cost of continuing benefits, but may not exceed the cost of the insurance benefits package that would otherwise be provided through the health care authority.

[ 1998 c 62 s 1. ]

NOTES:

Effective date—1998 c 62: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 20, 1998]." [ 1998 c 62 s 4.]

RCW 44.04.240 Teachers' insurance benefits—Payment of warrants.

Upon presentation to the state treasurer of a warrant issued by the treasurer and drawn for the purposes under RCW 44.04.230, the treasurer shall pay the amount necessary from appropriated funds. If sufficient funds have not been appropriated, the treasurer shall endorse the warrant and the warrant draws interest from the date of the endorsement until paid.

[ 1998 c 62 s 3. ]

NOTES:

Effective date—1998 c 62: See note following RCW 44.04.230.

RCW 44.04.250 Surplus computer equipment—Donation to schools.

The chief clerk of the house of representatives may authorize surplus computers and computer-related equipment owned by the house, the secretary of the senate may authorize surplus computers and computer-related equipment owned by the senate, and the directors of legislative agencies may authorize surplus computers and computer-related equipment owned by his or her respective agency, to be donated to school districts and educational service districts. This section shall not be construed to limit the discretion of the legislature regarding disposal of its surplus property.

[ 1999 c 186 s 2. ]

RCW 44.04.260 Legislative committees and agencies—Oversight.

The joint legislative audit and review committee, the joint transportation committee, the select committee on pension policy, the legislative evaluation and accountability program committee, the office of legislative support services, the joint higher education committee, and the *joint legislative systems committee are subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations committee of the senate and the executive rules committee of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight" includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the facilities and operations committee of the senate over any standing committee of the house of representatives or oversight authority to the executive rules committee of the house of representatives over any standing committee of the senate.

[ 2012 c 229 s 204; 2012 c 113 s 6; 2005 c 319 s 112; 2003 c 295 s 12; 2001 c 259 s 1. ]

NOTES:

Reviser's note: *(1) RCW 44.68.020, creating the joint legislative systems committee, was repealed by 2020 c 114 s 1.

(2) This section was amended by 2012 c 113 s 6 and by 2012 c 229 s 204, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Effective date—2012 c 113: See note following RCW 44.80.010.

Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

RCW 44.04.280 State laws—Respectful language.

(1) The legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes towards people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The legislature finds it necessary to clarify preferred language for new and revised laws by requiring the use of terminology that puts the person before the disability.

(2)(a) The code reviser is directed to avoid all references to: Disabled, developmentally disabled, mentally disabled, mentally ill, mentally retarded, handicapped, cripple, and crippled, in any new statute, memorial, or resolution, and to change such references in any existing statute, memorial, or resolution as sections including these references are otherwise amended by law.

(b) The code reviser is directed to replace terms referenced in (a) of this subsection as appropriate with the following revised terminology: "Individuals with disabilities," "individuals with developmental disabilities," "individuals with mental illness," and "individuals with intellectual disabilities."

(3) No statute, memorial, or resolution is invalid because it does not comply with this section.

(4) The replacement of outmoded terminology with more appropriate references may not be construed as changing the application of any provision of this code to any person.

[ 2010 c 94 s 2; 2009 c 377 s 1; 2004 c 175 s 1. ]

NOTES:

Purpose—2010 c 94: "The purpose of this act is to move toward fulfillment of the goals stated in RCW 44.04.280, to remove demeaning language from the Revised Code of Washington and to use respectful language when referring to individuals with disabilities. It is not the intent of the legislature to expand or contract the scope or application of any provision of this code. Nothing in this act may be construed to change the application of any provision of this code to any person." [ 2010 c 94 s 1.]

RCW 44.04.290 Periodic review of plans for bicycle, pedestrian, and equestrian facilities.

The house and senate transportation committees shall periodically review the six-year comprehensive plans submitted by cities and counties for expenditures for bicycle, pedestrian, and equestrian facilities prepared pursuant to RCW 35.77.010 and 36.81.121.

[ 1977 ex.s. c 235 s 12; 1975 1st ex.s. c 268 s 2. Formerly RCW 44.40.120. ]

RCW 44.04.300 Joint transportation committee—Created—Duties.

(1) The joint transportation committee is created. The executive committee of the joint committee consists of the chairs and ranking members of the house and senate transportation committees. The chairs of the house and senate transportation committees shall serve as cochairs of the joint committee. All members of the house and senate standing committees on transportation are eligible for membership of the joint committee and shall serve when appointed by the executive committee.

(2) The joint transportation committee shall review and research transportation programs and issues in order to educate and promote the dissemination of transportation research to state and local government policymakers, including legislators and associated staff. All four members of the executive committee shall approve the annual work plan. Membership of the committee may vary depending on the subject matter of oversight and research projects. The committee may also make recommendations for functional or performance audits to the transportation performance audit board.

(3) The executive committee shall adopt rules and procedures for its operations.

(4) By December 20, 2028, and at least every two years thereafter, the joint transportation committee must hold a work session on the implementation of special license plate process improvements established as a result of chapter 385, Laws of 2025 and other relevant issues as it may determine.

[ 2025 c 385 s 3; 2005 c 319 s 12. ]

NOTES:

Effective date—2025 c 385 ss 3-24: "Sections 3 through 24 of this act take effect November 1, 2025." [ 2025 c 385 s 25.]

Short title—2025 c 385: See note following RCW 46.18.060.

Transfers—2005 c 319: See note following RCW 47.01.075.

Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

RCW 44.04.310 Joint transportation committee—Allowances, expenses.

The members of the joint transportation committee will receive allowances while attending meetings of the committee or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120. Subject to RCW 44.04.260, all expenses incurred by the committee must be paid upon voucher forms as provided by the office of financial management and signed by the cochairs of the joint committee, or their authorized designees, and the authority of the chair or vice chair to sign vouchers continues until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.

[ 2005 c 319 s 13. ]

NOTES:

Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

RCW 44.04.320 Oral history program.

(1) The secretary of the senate and the chief clerk of the house of representatives, at the direction of the legislative oral history committee, shall administer and conduct a program to record and document oral histories of current and former members and staff of the Washington state legislature, and other citizens who have participated in the political history of the Washington state legislature. The secretary of the senate and the chief clerk of the house of representatives may contract with independent oral historians or the history departments of the state universities to interview and record oral histories. The manuscripts and publications shall be made available for research and reference through the state archives. The manuscripts, together with current and historical photographs, may be published for distribution to libraries and the general public, and posted on the legislative oral history website.

(2) The oral history of a person who occupied positions, or was staff to a person who occupied positions, in more than one branch of government, shall be conducted by the entity authorized to conduct oral histories of persons in the position last held by the person who is the subject of the oral history. However, the person being interviewed may select the entity he or she wishes to prepare his or her oral history.

[ 2008 c 222 s 3; 1991 c 237 s 1. Formerly RCW 43.07.220. ]

NOTES:

Purpose—2008 c 222: "Washington has developed an impressive oral history program of recording and documenting the recollections of public officials and citizens who have contributed to the rich political history surrounding the legislature. Schools, museums, historians, state agencies, and interested citizens have benefited from the availability of these educational materials. The purpose of this act is to enhance this resource by reinforcing the decision-making role of the legislature." [ 2008 c 222 s 1.]

Effective date—1991 c 237: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on July 1, 1991." [ 1991 c 237 s 6.]

RCW 44.04.325 Legislative oral history committee—Members, staff.

(1) A legislative oral history committee is created, which shall consist of the following individuals:

(a) Four members of the house of representatives, two from each of the two largest caucuses of the house, appointed by the speaker of the house of representatives;

(b) Four members of the senate, two from each of the two largest caucuses of the senate, appointed by the president of the senate;

(c) The chief clerk of the house of representatives; and

(d) The secretary of the senate.

(2) Ex officio members may be appointed by a majority vote of the committee's members appointed under subsection (1) of this section.

(3) The chair of the committee shall be elected by a majority vote of the committee members appointed under subsection (1) of this section.

(4) Staff support for the committee must be provided by the office of the secretary of the senate and the office of the chief clerk of the house of representatives.

[ 2020 c 114 s 8; 2008 c 222 s 4; 1991 c 237 s 2. Formerly RCW 43.07.230. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

Purpose—2008 c 222: See note following RCW 44.04.320.

Effective date—1991 c 237: See note following RCW 44.04.320.

RCW 44.04.330 Legislative oral history committee—Duties.

The legislative oral history committee shall have the following responsibilities:

(1) To select appropriate oral history interview candidates and subjects;

(2) To select transcripts or portions of transcripts, and related historical material, for publication;

(3) To advise the secretary of the senate and the chief clerk of the house of representatives on the format and length of individual interview series and on appropriate issues and subjects for related series of interviews;

(4) To advise the secretary of the senate and the chief clerk of the house of representatives on the appropriate subjects, format, and length of interviews and on the process for conducting oral history interviews;

(5) To advise the secretary of the senate and the chief clerk of the house of representatives on joint programs and activities with state universities, colleges, museums, and other groups conducting oral histories; and

(6) To advise the secretary of the senate and the chief clerk of the house of representatives on other aspects of the administration of the oral history program and on the conduct of individual interview projects.

[ 2008 c 222 s 5; 1991 c 237 s 3. Formerly RCW 43.07.240. ]

NOTES:

Purpose—2008 c 222: See note following RCW 44.04.320.

Effective date—1991 c 237: See note following RCW 44.04.320.

RCW 44.04.335 Oral history activities—Funding—Joint rules.

The secretary of the senate and the chief clerk of the house of representatives may fund oral history activities through donations as provided in RCW 44.04.340 and through funds in the legislative gift center account created in RCW 44.73.020. The activities may include, but not be limited to, conducting interviews, preparing and indexing transcripts, publishing manuscripts and photographs, and presenting displays and programs. Donations that do not meet the criteria of the legislative oral history program may not be accepted. The secretary of the senate and the chief clerk of the house of representatives shall adopt joint rules necessary to implement this section.

[ 2008 c 222 s 6. ]

NOTES:

Purpose—2008 c 222: See note following RCW 44.04.320.

RCW 44.04.340 Oral history activities—Gifts, grants, conveyances—Expenditures—Joint rules.

(1) The secretary of the senate and the chief clerk of the house of representatives may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms.

(2) Moneys received under this section may be used only for conducting oral histories.

(3) Moneys received under this section must be deposited in the legislative oral history account established in RCW 44.04.345.

(4) The secretary of the senate and the chief clerk of the house of representatives shall adopt joint rules to govern and protect the receipt and expenditure of the proceeds.

[ 2008 c 222 s 7. ]

NOTES:

Purpose—2008 c 222: See note following RCW 44.04.320.

RCW 44.04.345 Legislative oral history account.

The legislative oral history account is created in the custody of the state treasurer. All moneys received under RCW 44.04.340 and from the legislative gift center account created in RCW 44.73.020 must be deposited in the account. Expenditures from the account may be made only for the purposes of the legislative oral history program under RCW 44.04.320. Only the secretary of the senate or the chief clerk of the house of representatives or their designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

[ 2008 c 222 s 8. ]

NOTES:

Purpose—2008 c 222: See note following RCW 44.04.320.

RCW 44.04.360 Joint higher education committee—Purpose.

(1) A joint higher education committee is created.

(2) The purpose of the joint higher education committee is to:

(a) By December 1, 2012, and annually thereafter, review the work of the student achievement council and provide legislative feedback;

(b) Engage with the student achievement council and the higher education community to create greater communication, coordination, and alignment between the higher education system and the expectations of the legislature; and

(c) Provide recommendations for higher education policy, including proposed legislation, to the higher education and fiscal committees of the legislature.

[ 2012 c 229 s 201. ]

RCW 44.04.362 Joint higher education committee—Membership.

(1) The joint higher education committee shall consist of the following members:

(a) Four members of the house of representatives, two each appointed by the leadership of the two largest caucuses, with at least one member from each caucus who is a member of the house of representatives ways and means committee and at least one member from each caucus who is a member of the house of representatives higher education committee; and

(b) Four members of the senate, two each appointed by the leadership of the two largest caucuses, with at least one member from each caucus who is a member of the senate ways and means committee and at least one member from each caucus who is a member of the senate higher education and workforce development committee.

(2) All members must be appointed by July 1, 2012, and must serve a term of no less than two years.

(3) Vacancies on the joint higher education committee shall be filled by appointment by either the president of the senate or the speaker of the house of representatives. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

(4) The joint higher education committee shall appoint its own cochairs, representing two different parties and the two chambers of the legislature.

[ 2012 c 229 s 202. ]

RCW 44.04.364 Joint higher education committee—Meetings—Reimbursement—Rules—Staffing.

(1) The joint higher education committee shall meet at least twice annually after the conclusion of the legislative session.

(2) The members of the joint higher education committee shall serve without additional compensation, but shall be reimbursed in accordance with RCW 44.04.120 while attending meetings of the joint higher education committee.

(3) The joint higher education committee shall adopt rules and procedures for its operations.

(4) Staff support for the joint higher education committee must be provided by the senate committee services and the house of representatives office of program research.

[ 2012 c 229 s 203. ]

RCW 44.04.370 Gina Grant Bull memorial legislative page scholarship program.

The secretary of the senate and the chief clerk of the house of representatives may administer and conduct a legislative page scholarship program to provide resources for Washington students who participate in the page programs of the senate or house of representatives. The scholarship program should provide assistance to students, based on financial need, who qualify for a page program. The program is called the Gina Grant Bull memorial legislative page scholarship program.

[ 2017 c 322 s 1. ]

RCW 44.04.375 Legislative page scholarship program—Gifts, grants, conveyances, bequests, devises—Expenditures—Joint rules.

(1) The secretary of the senate and the chief clerk of the house of representatives may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms. Any legislative member or legislative employee may solicit the same types of contributions for the secretary of the senate and the chief clerk of the house of representatives.

(2) Moneys received under this section may be used only for establishing and operating the legislative page scholarship program authorized in RCW 44.04.370.

(3) Moneys received under this section must be deposited in the Gina Grant Bull memorial legislative page scholarship account established in RCW 44.04.380.

(4) The secretary of the senate and the chief clerk of the house of representatives must adopt joint rules to govern and protect the receipt and expenditure of the proceeds.

[ 2017 c 322 s 2. ]

RCW 44.04.380 Gina Grant Bull memorial legislative page scholarship account.

The Gina Grant Bull memorial legislative page scholarship account is created in the custody of the state treasurer. All moneys received under RCW 44.04.370 must be deposited in the account. Expenditures from the account may be made only for the purposes of the legislative page scholarship program in RCW 44.04.370. Only the secretary of the senate or the chief clerk of the house of representatives or their designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

[ 2017 c 322 s 3. ]

RCW 44.04.390 Code of conduct—Training for registered lobbyists.

The chief clerk of the house of representatives and the secretary of the senate shall develop and provide a training course for registered lobbyists regarding the legislative code of conduct and any policies related to appropriate conduct adopted by the senate or the house of representatives.

[ 2019 c 469 s 1. ]

RCW 44.04.400 Rosa Franklin legislative internship program scholarship.

The secretary of the senate and the chief clerk of the house of representatives may administer and conduct the Rosa Franklin legislative internship program scholarship to provide resources for Washington students who participate in the legislative internship program of the senate and house of representatives. The scholarship program should provide assistance to students, based on financial need, who are accepted as legislative interns. The program is called the Rosa Franklin legislative internship program scholarship.

[ 2021 c 108 s 1. ]

RCW 44.04.405 Rosa Franklin legislative internship program scholarship—Gifts, grants, conveyances, bequests, devises—Expenditures—Joint rules.

(1) The secretary of the senate and the chief clerk of the house of representatives may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms. Any legislative member or legislative employee may solicit the same types of contributions for the secretary of the senate and the chief clerk of the house of representatives.

(2) Moneys received under this section may be used only for establishing and operating the Rosa Franklin legislative internship program scholarship authorized in RCW 44.04.400.

(3) Moneys received under this section must be deposited in the legislative internship program scholarship account established in RCW 44.04.410.

(4) The secretary of the senate and the chief clerk of the house of representatives must adopt joint rules to govern and protect the receipt and expenditure of the proceeds.

[ 2021 c 108 s 2. ]

RCW 44.04.410 Rosa Franklin legislative internship program scholarship account.

The Rosa Franklin legislative internship program scholarship account is created in the custody of the state treasurer. All moneys received under RCW 44.04.405 must be deposited in the account. Expenditures from the account may be made only for the purposes of the Rosa Franklin legislative internship program scholarship created in RCW 44.04.400. Only the secretary of the senate or the chief clerk of the house of representatives or their designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

[ 2021 c 108 s 3. ]

RCW 44.04.420 Washington—British Columbia interparliamentary exchange group.

A Washington state—British Columbia interparliamentary exchange group is created. The purpose of the group is to facilitate legislator-to-legislator communication between the two governments, in coordination with the province of British Columbia. The state's representative for the group is the chair of the legislative committee on economic development and international relations.

[ 2024 c 336 s 6. ]

Chapter 44.05 RCW Washington State Redistricting Act

RCW 44.05.010 Short title.

This act may be cited as the Washington State Redistricting Act.

[ 1983 c 16 s 1. ]

RCW 44.05.020 Definitions.

The definitions set forth in this section apply throughout this chapter, unless the context requires otherwise.

(1) "Chief election officer" means the secretary of state.

(2) "Federal census" means the decennial census required by federal law to be prepared by the United States bureau of the census in each year ending in zero.

(3) "Lobbyist" means an individual required to register with the Washington public disclosure commission pursuant to RCW 29B.50.010.

(4) "Plan" means a plan for legislative and congressional redistricting mandated by Article II, section 43 of the state Constitution.

[ 2024 c 164 s 528; 2011 c 60 s 41; 1983 c 16 s 2. ]

NOTES:

Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.

Effective date—2011 c 60: See note following RCW 29B.20.030.

RCW 44.05.030 Redistricting commission—Membership—Chairperson—Vacancies.

A redistricting commission shall be established in January of each year ending in one to accomplish state legislative and congressional redistricting. The five-member commission shall be appointed as follows:

(1) Each legislative leader of the two largest political parties in each house of the legislature shall appoint one voting member to the commission by January 15th of each year ending in one.

(2) The four legislators appointing commission members pursuant to this section shall certify their appointments to the chief election officer. If an appointing legislator does not certify an appointment by January 15th of each year ending in one, within five days the supreme court shall certify an appointment to the chief election officer.

(3) No later than January 31st of the year of their selection, the four appointed members, by an affirmative vote of at least three, shall appoint and certify to the chief election officer the nonvoting fifth member who shall act as the commission's chairperson. If by January 31st of the year of their selection three of the four voting members fail to elect a chairperson, the supreme court shall within five days certify an appointment to the chief election officer. A vacancy on the commission shall be filled by the person who made the initial appointment, or their successor, within fifteen days after the vacancy occurs.

[ 1984 c 13 s 1; 1983 c 16 s 3. ]

RCW 44.05.040 Oath.

Before serving on the commission every person shall take and subscribe an oath to faithfully perform the duties of that office. The oath shall be filed in the office of the secretary of state.

[ 1983 c 16 s 4. ]

RCW 44.05.050 Members—Persons ineligible to serve.

No person may serve on the commission who:

(1) Is not a registered voter of the state at the time of selection; or

(2) Is or has within one year prior to selection been a registered lobbyist; or

(3) Is or has within two years prior to selection been an elected official or elected legislative district, county, or state party officer. The provisions of this subsection do not apply to the office of precinct committeeperson.

[ 1984 c 13 s 2; 1983 c 16 s 5. ]

RCW 44.05.060 Members—Political activities prohibited.

No member of the commission may:

(1) Campaign for elective office while a member of the commission;

(2) Actively participate in or contribute to any political campaign of any candidate for state or federal elective office while a member of the commission; or

(3) Hold or campaign for a seat in the state house of representatives, the state senate, or congress for two years after the effective date of the plan.

[ 1984 c 13 s 3; 1983 c 16 s 6. ]

RCW 44.05.070 Employment of personnel—Assistance of state officials—Witness expenses—Appropriations—Compensation.

(1) The commission may employ the services of experts, consultants, and support staff, including attorneys not employed by the attorney general, as necessary to carry out its duties pursuant to this chapter.

(2) The chief election officer, the treasurer, and the attorney general shall make available to the commission such personnel, facilities, and other assistance as the commission may reasonably request. The chief election officer shall be the official recipient of all provisional and preliminary census data and maps, and shall forward such data and maps, upon request, to the commission.

(3) The commission, upon written request by a witness and subject to rules promulgated by the commission, may reimburse witnesses for their necessary expenses incurred in appearing before the commission.

(4) The legislature shall appropriate funds to enable the commission to carry out its duties. Members shall receive one hundred dollars of compensation for each day spent in the performance of their duties. Compensation of employees shall be determined by the commission. The provisions of RCW 43.03.050 and 43.03.060 shall apply to both the members and the employees of the commission.

[ 1983 c 16 s 7. ]

RCW 44.05.080 Duties.

In addition to other duties prescribed by law, the commission shall:

(1) Adopt rules pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to carry out the provisions of Article II, section 43 of the state Constitution and of this chapter, which rules shall provide that three voting members of the commission constitute a quorum to do business, and that the votes of three of the voting members are required for any official action of the commission;

(2) Act as the legislature's recipient of the final redistricting data and maps from the United States Bureau of the Census;

(3) Comply with requirements to disclose and preserve public records as specified in chapters 40.14 and 42.56 RCW;

(4) Hold open meetings pursuant to the open public meetings act, chapter 42.30 RCW;

(5) Prepare and disclose its minutes pursuant to RCW 42.30.035;

(6) Be subject to the provisions of RCW 29B.55.010;

(7) Prepare and publish a report with the plan; the report will be made available to the public at the time the plan is published. The report will include but will not be limited to: (a) The population and percentage deviation from the average district population for every district; (b) an explanation of the criteria used in developing the plan with a justification of any deviation in a district from the average district population; (c) a map of all the districts; and (d) the estimated cost incurred by the counties for adjusting precinct boundaries;

(8) Adopt a districting plan for a noncharter county with a population of 400,000 or more, pursuant to RCW 36.32.054.

[ 2024 c 164 s 529; 2018 c 301 s 10; 2017 3rd sp.s. c 25 s 33; 2011 c 60 s 42; 2005 c 274 s 303; 1983 c 16 s 8. ]

NOTES:

Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.

Findings—Short title—2018 c 301: See notes following RCW 36.32.051.

Effective date—2011 c 60: See note following RCW 29B.20.030.

RCW 44.05.090 Redistricting plan.

In the redistricting plan:

(1) Districts shall have a population as nearly equal as is practicable, excluding nonresident military personnel, based on the population reported in the federal decennial census as adjusted by RCW 44.05.140.

(2) To the extent consistent with subsection (1) of this section the commission plan should, insofar as practical, accomplish the following:

(a) District lines should be drawn so as to coincide with the boundaries of local political subdivisions and areas recognized as communities of interest. The number of counties and municipalities divided among more than one district should be as small as possible;

(b) Districts should be composed of convenient, contiguous, and compact territory. Land areas may be deemed contiguous if they share a common land border or are connected by a ferry, highway, bridge, or tunnel. Areas separated by geographical boundaries or artificial barriers that prevent transportation within a district should not be deemed contiguous; and

(c) Whenever practicable, a precinct shall be wholly within a single legislative district.

(3) The commission's plan and any plan adopted by the supreme court under RCW 44.05.100(4) shall provide for forty-nine legislative districts.

(4) The house of representatives shall consist of ninety-eight members, two of whom shall be elected from and run at large within each legislative district. The senate shall consist of forty-nine members, one of whom shall be elected from each legislative district.

(5) The commission shall exercise its powers to provide fair and effective representation and to encourage electoral competition. The commission's plan shall not be drawn purposely to favor or discriminate against any political party or group.

[ 2019 c 456 s 2; 1990 c 126 s 1; 1983 c 16 s 9. ]

RCW 44.05.100 Submission of plan to legislature—Amendment—Effect—Adoption by supreme court, when.

(1) Upon approval of a redistricting plan by three of the voting members of the commission, but not later than November 15th of the year ending in one, the commission shall submit the plan to the legislature.

(2) After submission of the plan by the commission, the legislature shall have the next thirty days during any regular or special session to amend the commission's plan. If the legislature amends the commission's plan the legislature's amendment must be approved by an affirmative vote in each house of two-thirds of the members elected or appointed thereto, and may not include more than two percent of the population of any legislative or congressional district.

(3) The plan approved by the commission, with any amendment approved by the legislature, shall be final upon approval of such amendment or after expiration of the time provided for legislative amendment by subsection (2) of this section whichever occurs first, and shall constitute the districting law applicable to this state for legislative and congressional elections, beginning with the next elections held in the year ending in two. This plan shall be in force until the effective date of the plan based upon the next succeeding federal decennial census or until a modified plan takes effect as provided in RCW 44.05.120(6).

(4) If three of the voting members of the commission fail to approve and submit a plan within the time limitations provided in subsection (1) of this section, the supreme court shall adopt a plan by April 30th of the year ending in two. Any such plan approved by the court is final and constitutes the districting law applicable to this state for legislative and congressional elections, beginning with the next election held in the year ending in two. This plan shall be in force until the effective date of the plan based on the next succeeding federal decennial census or until a modified plan takes effect as provided in RCW 44.05.120(6).

[ 2019 c 192 s 1; 2002 c 4 s 1; 1995 c 88 s 1; 1983 c 16 s 10. ]

NOTES:

Retroactive application—2002 c 4: "This act is remedial and curative in nature and applies retroactively to any plan or portion of a plan submitted to the legislature by the redistricting commission established in 2001." [ 2002 c 4 s 2.]

Effective date—2002 c 4: "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 22, 2002]." [ 2002 c 4 s 3.]

RCW 44.05.110 Cessation of operations—Financial statement—Official record.

(1) Following the period provided by RCW 44.05.100(1) for the commission's adoption of a plan, the commission shall take all necessary steps to conclude its business and cease operations. The commission shall prepare a financial statement disclosing all expenditures made by the commission. The official record shall contain all relevant information developed by the commission pursuant to carrying out its duties under this chapter, maps, data collected, minutes of meetings, written communications, and other information of a similar nature. Once the commission ceases to exist, the chief election officer shall be the custodian of the official record for purposes of reprecincting and election administration. The chief election officer shall provide for the permanent preservation of this official record pursuant to chapter 42.56 RCW and Title 40 RCW. Once the commission ceases to exist any budget surplus shall revert to the state general fund.

(2) Except as provided in RCW 44.05.120 for a reconvened commission, the commission shall cease to exist on July 1st of each year ending in two unless the supreme court extends the commission's term.

[ 2011 c 60 s 43; 1983 c 16 s 11. ]

NOTES:

Effective date—2011 c 60: See note following RCW 29B.20.030.

RCW 44.05.120 Reconvening of commission to modify plan.

(1) If a commission has ceased to exist, the legislature may, upon an affirmative vote in each house of two-thirds of the members elected or appointed thereto, adopt legislation reconvening the commission for the purpose of modifying the redistricting plan.

(2) RCW 44.05.050 governs the eligibility of persons to serve on the reconvened commission. A vacancy involving a voting member of the reconvened commission shall be filled by the person who made the initial appointment, or their successor, within fifteen days after the effective date of the legislation reconvening the commission. A vacancy involving the nonvoting member of the commission shall be filled by an affirmative vote of at lease [least] three of four voting members, within fifteen days after all other vacancies are filled or, if no other vacancies exist, within fifteen days after the effective date of the legislation reconvening the commission. A subsequent vacancy on a reconvened commission shall be filled by the person or persons who made the initial appointment, or their successor, within fifteen days after the vacancy occurs. If any appointing authority fails to make a required appointment within the time limitations established by this subsection, within five days after that date the supreme court shall make the required appointment.

(3) The provisions of RCW 44.05.070 and 44.05.080 are applicable if a commission is reconvened under this section.

(4) The commission shall complete the modification to the redistricting plan as soon as possible, but no later than sixty days after the effective date of the legislation reconvening the commission. At least three of the voting members shall approve the modification to the redistricting plan.

(5) Following approval of a modification to the redistricting plan by the commission, the legislature has the next thirty days during any regular or special session to amend the commission's modification. Any amendment by the legislature must be approved by an affirmative vote in each house of two-thirds of the members elected or appointed thereto. No amendment by the legislature may include more than two percent of the population of any legislative or congressional district contained in the commission's modification.

(6) The commission's modification to the redistricting plan, with any amendments approved by the legislature, shall be final upon approval of the amendments or after expiration of the time provided for legislative amendment by subsection (5) of this section, whichever occurs first.

(7) Following the period provided by subsection (4) of this section for the commission's approval of a modification to the redistricting plan, the commission shall take all necessary steps to conclude its business and cease operations in accordance with RCW 44.05.110(1). A reconvened commission shall cease to exist ninety days after the effective date of the legislation reconvening the commission, unless the supreme court extends the commission's term.

[ 1983 c 16 s 12. ]

RCW 44.05.130 Challenges to plan.

After the plan takes effect as provided in RCW 44.05.100, any registered voter may file a petition with the supreme court challenging the plan. After a modification to the redistricting plan takes effect as provided in RCW 44.05.120, any registered voter may file a petition with the supreme court challenging the amended plan. The court may consolidate any or all petitions and shall give all such petitions precedence over all other matters.

[ 1983 c 16 s 13. ]

RCW 44.05.140 Residence of certain individuals—Last known place of residence.

(1) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of corrections shall furnish to the redistricting commission the following information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility:

(a) A unique identifier, other than the inmate's department of corrections number; and

(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the inmate's last known place of residence is located.

(2) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of social and health services shall furnish to the redistricting commission the following information regarding the last known place of residence of each person committed to receive involuntary behavioral health treatment under chapter 71.05 RCW:

(a) A unique identifier, other than the person's patient identification number; and

(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the resident's last known place of residence is located.

(3) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of children, youth, and families shall furnish to the redistricting commission the following information regarding the last known place of residence of each person residing or placed in a juvenile justice facility:

(a) A unique identifier, other than the person's patient identification number; and

(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the resident's last known place of residence is located.

(4) The redistricting commission shall:

(a) Deem each inmate incarcerated in a state adult correctional facility and person residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter 71.05 RCW as residing at his or her last known place of residence, rather than at the institution of his or her incarceration, residence, or placement;

(b) Regardless of the form in which the information is furnished, refrain from publishing any information regarding a specific inmate's or resident's last known place of residence;

(c) Deem an inmate or resident in state custody in Washington whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined to reside at the location of the facility in which the inmate or resident is incarcerated, placed, or committed; and

(d) Adjust race and ethnicity data in districts, wards, and precincts in a manner that reflects the inclusion of inmates and residents in the population count of the district, ward, or precinct of their last known place of residence.

(5) For purposes of this section:

(a) "Inmate incarcerated in a state adult correctional facility" includes an inmate who has been transferred to a facility outside of Washington to complete his or her term of incarceration.

(b) "Last known place of residence" means the address at which the inmate or resident was last domiciled prior to his or her placement or current term of incarceration, as reported by the inmate or resident.

(c) "Person residing or placed in a juvenile justice facility" and "person committed to receive involuntary behavioral health treatment under chapter 71.05 RCW" include a person who has been transferred to a facility outside of Washington.

(d) "Resident" means persons residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter 71.05 RCW.

[ 2019 c 456 s 1. ]

RCW 44.05.900 Contingent effective date—1983 c 16.

This act shall take effect if the proposed amendment to Article II of the state Constitution establishing a commission for state legislative and congressional redistricting is validly submitted to and is approved and ratified by the voters at a general election held in November, 1983. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.

[ 1983 c 16 s 18. ]

NOTES:

Reviser's note: Senate Joint Resolution No. 103, requiring redistricting commissions and plans, was approved by the voters November 8, 1983, and is codified as Article II, section 43 of the state Constitution.

Chapter 44.16 RCW Legislative Inquiry

RCW 44.16.010 Examination of witnesses—Compulsory process.

Every chair or presiding member of any committee of either the senate or house of representatives, or any joint committee of the senate or house of representatives, which, by the terms of its appointment, shall be authorized to send for persons and papers, shall have power, under the direction of such committee, to issue compulsory process for the attendance of any witness within the state whom the committee may wish to examine.

[ 2009 c 549 s 6003; 1895 c 6 s 1; RRS s 8178. ]

RCW 44.16.020 Service of process.

All process provided for in this chapter may be served in the same manner as is provided by law for the service of process in the superior court; and it shall be the duty of any officer to whom any process may be delivered or issued, to serve the same as directed: PROVIDED, That in the service of process a copy thereof shall be delivered to the witness.

[ 1895 c 6 s 15; RRS s 8192. ]

NOTES:

Service of summons: RCW 4.28.080.

RCW 44.16.030 Chair to administer oaths.

The chair or presiding member of any committee of either the senate, house of representatives, or any joint committee thereof, shall be authorized to administer oaths to all witnesses coming before such committee for examination; and all witnesses who shall testify in any proceeding provided for in this chapter, shall be under oath or affirmation.

[ 2009 c 549 s 6004; 1895 c 6 s 2; RRS s 8179. ]

RCW 44.16.040 Commission to examine absent witness.

Every such chair or presiding member shall also have power, under the direction of the committee, to issue a commission for the examination of any witness who shall be without the jurisdiction of the state, or if within the state, shall be unable to attend, or who shall, for any reasons, be excused by the committee from attendance.

[ 2009 c 549 s 6005; 1895 c 6 s 3; RRS s 8180. ]

RCW 44.16.050 Commission executed during recess.

Whenever such committee shall obtain authority for that purpose, from the senate or house, or legislature, by which it may be appointed, it may issue such commission to be executed during the recess of the legislature.

[ 1895 c 6 s 4; RRS s 8181. ]

RCW 44.16.060 To whom directed—Interrogatories.

Every such commission shall be directed to such magistrate or other person, as the committee may designate, and interrogatories framed by the committee shall be annexed thereto.

[ 1895 c 6 s 5; RRS s 8182. ]

RCW 44.16.070 Oath and powers of commissioner.

The person to whom such commission shall be directed, if he or she reside within the state and accept the trust, shall, before entering upon the execution of his or her duties, take the oath of office prescribed in the Constitution. Such commissioner shall have power to issue process to compel the attendance of witnesses, whom he or she shall be required to examine, and shall have power to administer oaths to such witnesses.

[ 2009 c 549 s 6006; 1895 c 6 s 6; RRS s 8183. ]

RCW 44.16.080 Examination to be private.

Unless otherwise directed by the committee, it shall in all cases be the duty of the commissioner to examine, in private, every witness attending before him or her, and not to make public the particulars of such examination, when so made in private, until the same shall be made public by order of the house or legislature appointing the committee.

[ 2009 c 549 s 6007; 1895 c 6 s 7; RRS s 8184. ]

RCW 44.16.090 Testimony reduced to writing.

Every witness so attending shall be examined on oath or affirmation, and his or her testimony shall be reduced to writing by the commissioner, or by some disinterested person in his or her presence and under the direction of said commissioner, and signed by the witness.

[ 2009 c 549 s 6008; 1895 c 6 s 8; RRS s 8185. ]

RCW 44.16.100 Return of depositions.

When a commission shall have been duly executed, the commissioner shall annex thereto the depositions of the witnesses, duly certified by him or her, and shall, without delay, transmit the same by mail, inclosed [enclosed] and under seal, or deliver the same, to the chair of the committee by which the commission shall have been issued, or to such person as by the committee directed.

[ 2009 c 549 s 6009; 1895 c 6 s 9; RRS s 8186. ]

RCW 44.16.110 Fees of commissioner and witnesses.

A person executing any such commission shall be paid, out of the state treasury, the same fees that are allowed by law for the taking of depositions on commissions issued out of the superior courts of this state; and any witness attending before either house of the legislature, or any committee or joint committee thereof, or before any such commissioner, shall be so paid two dollars per day for each day in attendance, and five cents a mile for the distance necessarily traveled in attending as such witness.

[ 1895 c 6 s 10; RRS s 8187. ]

RCW 44.16.120 Punishment of recalcitrant witness.

Any person who shall fail to attend as a witness upon any committee appointed by either the house or senate of the state of Washington, or both, after having been duly subpoenaed as provided in this chapter, or who, being in attendance as a witness before such committee, shall refuse to answer any question or produce any paper or document or book which he or she is required to answer or to produce by such committee, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding five hundred dollars, or by imprisonment in the county jail for a term not longer than six months, or by both such fine and imprisonment.

[ 2009 c 549 s 6010; 1897 c 33 s 1; RRS s 8194. ]

NOTES:

Witness refusing to attend legislature or committee or to testify: RCW 9.55.020.

RCW 44.16.130 Failure to attend—Contempt.

A person who, being duly summoned to attend as a witness before either house of the legislature, or any committee or joint committee thereof, or commissioner authorized to summon witnesses, refuses or neglects, without lawful excuse, to attend pursuant to such summons, shall be punished as for contempt, as hereinafter provided.

[ 1895 c 6 s 11; RRS s 8188. ]

RCW 44.16.140 Refusal to testify—Contempt.

A person who, being present before either house of the legislature, or any committee or joint committee thereof, or commissioner authorized to summon witnesses, wilfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers or documents in his or her possession or under his or her control, shall be punished as for contempt, as hereinafter provided.

[ 2009 c 549 s 6011; 1895 c 6 s 12; RRS s 8189. ]

RCW 44.16.150 Punishment for contempt.

Any person being in contempt, as hereinbefore provided, shall be punished by fine in any sum not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment in the county jail in the county where such examination is being had, for any period of time not extending beyond the legislative session then being held, or by both such fine and imprisonment, as the legislative body which authorized such examination may order. And in case the contempt arises in a joint proceeding of both houses, or before a joint committee thereof, the senate shall prescribe the penalty.

[ 1895 c 6 s 13; RRS s 8190. ]

NOTES:

Contempt: Chapter 7.21 RCW.

Witness refusing to attend legislature or committee or to testify: RCW 9.55.020.

RCW 44.16.160 Warrant of imprisonment.

If any fine is imposed against any person for contempt, as hereinbefore provided, he or she shall stand committed to the county jail of the county in which the offense was committed until such fine is paid. The presiding officer of the house, fixing the fine, shall issue a warrant to the sheriff of the county where the offense was committed, commanding him or her to imprison such person in the county jail until such fine is paid, or until he or she has been imprisoned in such jail one day for every three dollars of such fine.

[ 2009 c 549 s 6012; 1895 c 6 s 14; RRS s 8191. ]

RCW 44.16.170 Record of proceedings.

Every such committee shall keep a record of its proceedings under the provisions of this chapter, which record shall be signed by the chair or presiding officer of the committee, and the same returned to the legislative body by which the committee was appointed, as a part of the report of such committee.

[ 2009 c 549 s 6013; 1895 c 6 s 16; RRS s 8193. ]

Chapter 44.20 RCW Session Laws

RCW 44.20.010 Engrossed bills filed with secretary of state.

Whenever any bill shall have passed both houses, the house transmitting the enrolled bill to the governor shall also file with the secretary of state the engrossed bill, together with the history of such bill up to the time of transmission to the governor.

[ 1907 c 136 s 1; RRS s 8196. ]

NOTES:

Secretary of state to keep record of acts of the legislature: State Constitution Art. 3 s 17; RCW 43.07.040.

RCW 44.20.020 Chapter numbers—Bill copies certified, delivered—Citation by number and year.

Whenever any bill shall become a law the secretary of state shall number such bill in the order in which it became a law, commencing with each session of the legislature, and shall forthwith certify and deliver three copies of such bill to the statute law committee. Such number shall be in Arabic numerals, and shall be the chapter number of the act when published. A citation to the chapter number and year of the session laws heretofore or hereafter published shall be a sufficient reference to the act so designated.

[ 1969 c 6 s 1; 1907 c 136 s 2; RRS s 8197. ]

RCW 44.20.030 Session laws—Separate copies to be available.

The statute law committee, after every legislative session, whether regular or special, shall have available, on demand, for temporary use separate copies of each act filed in the office of secretary of state within ten days after the filing thereof.

[ 2006 c 46 s 1; 1982 1st ex.s. c 32 s 3; 1969 c 6 s 2; 1961 c 21 s 1; 1933 ex.s. c 31 s 1; 1933 c 27 s 1; 1925 ex.s. c 35 s 1; 1907 c 136 s 3; RRS s 8198. ]

NOTES:

Statute law committee: Chapter 1.08 RCW.

RCW 44.20.050 Publication of session laws—Headings, index.

When all of the acts of any session of the legislature and initiative measures enacted by the people since the next preceding session have been certified to the statute law committee, the code reviser employed by the statute law committee shall make the proper headings and index of such acts or laws and, after such work has been completed, the statute law committee shall have published on the code reviser or legislative website within seventy-five days after final adjournment of the legislature for that year and publish as many paper sets as deemed necessary by the committee of such acts and laws, with such headings and indexes, and such other matter as may be deemed essential, including a title page showing the session at which such acts were passed, the date of convening and adjournment of the session, and any other matter deemed proper, including a certificate by the secretary of state of such referendum measures as may have been enacted by the people since the next preceding session.

[ 2011 c 156 s 6; 2006 c 46 s 2; 1982 1st ex.s. c 32 s 4; 1969 c 6 s 4; 1951 c 157 s 18; 1915 c 27 s 1; 1907 c 136 s 5; RRS s 8200. ]

NOTES:

Purpose—Finding—Intent—2011 c 156: See note following RCW 1.08.080.

RCW 44.20.060 Duty of code reviser in arranging laws.

In arranging the laws, memorials and resolutions for publication, the code reviser is hereby authorized to make such corrections in the orthography, clerical errors and punctuation of the same as in his or her judgment shall be deemed essential: PROVIDED, That when any words or clauses shall be inserted, the same shall be inclosed [enclosed] in brackets; and no correction shall be made which changes the intent or meaning of any sentence, section or act of the legislature.

[ 2009 c 549 s 6014; 1969 c 6 s 5; 1890 p 632 s 8; RRS s 8203. ]

RCW 44.20.080 Private publication restricted.

It shall be unlawful for any person to print and publish for sale the session laws of any session in book form within one year after the adjournment of such session, other than those ordered printed by the statute law committee, or to deliver to anyone other than such committee or upon their order any of the session laws so ordered printed by them: PROVIDED, This section shall not apply to any general compilation of the laws of this state or to a compilation of any special laws or laws on any special subject.

[ 1969 c 6 s 6; 1907 c 136 s 6; RRS s 8201. ]

Chapter 44.28 RCW Joint Legislative Audit and Review Committee

RCW 44.28.005 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Economy and efficiency audits" means performance audits that establish: (a) Whether a state agency or unit of local government receiving state funds is acquiring, protecting, and using its resources such as personnel, property, and space economically and efficiently; (b) the causes of inefficiencies or uneconomical practices; and (c) whether the state agency or local government has complied with significant laws and rules in acquiring, protecting, and using its resources.

(2) "Ethnic commissions" means the Washington state commission on African American affairs established in chapter 43.113 RCW, the Washington state commission on Asian Pacific American affairs established in chapter 43.117 RCW, and the Washington state commission on Hispanic affairs established in chapter 43.115 RCW.

(3) "Final compliance report" means a written document, as approved by the joint committee, that states the specific actions a state agency or unit of local government receiving state funds has taken to implement recommendations contained in the final performance audit report and the preliminary compliance report. Any recommendations, including proposed legislation and changes in the agency's rules and practices or the local government's practices, based on testimony received, must be included in the final compliance report.

(4) "Final performance audit report" means a written document adopted by the joint legislative audit and review committee that contains the findings and proposed recommendations made in the preliminary performance audit report, the final recommendations adopted by the joint committee, any comments to the preliminary performance audit report by the joint committee, and any comments to the preliminary performance audit report by the state agency or local government that was audited.

(5) "Joint committee" means the joint legislative audit and review committee.

(6) "Legislative auditor" means the executive officer of the joint legislative audit and review committee.

(7) "Local government" means a city, town, county, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including a public corporation created by such an entity.

(8) "Performance audit" means an objective and systematic assessment of a state agency or any of its programs, functions, or activities, or a unit of local government receiving state funds, by an independent evaluator in order to help public officials improve efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits. A performance audit of a local government may only be made to determine whether the local government is using state funds for their intended purpose in an efficient and effective manner.

(9) "Performance measures" are a composite of key indicators of a program's or activity's inputs, outputs, outcomes, productivity, timeliness, and/or quality. They are means of evaluating policies and programs by measuring results against agreed upon program goals or standards.

(10) "Preliminary compliance report" means a written document that states the specific actions a state agency or unit of local government receiving state funds has taken to implement any recommendations contained in the final performance audit report.

(11) "Preliminary performance audit report" means a written document prepared for review and comment by the joint legislative audit and review committee after the completion of a performance audit. 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 or local government audited.

(12) "Program audits" means performance audits that determine: (a) The extent to which desired outcomes or results are being achieved; (b) the causes for not achieving intended outcomes or results; and (c) compliance with significant laws and rules applicable to the program.

(13) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. "State agency" includes all elective offices in the executive branch of state government.

[ 2021 c 310 s 3; 1996 c 288 s 2. ]

NOTES:

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

Findings and intent—1996 c 288: "The public expects the legislature to address citizens' increasing demand for the basic services of state government, while limiting the growth in spending. The public demands that public officials and state employees be accountable to provide maximum value for every dollar entrusted to state government. The public believes that it is possible to improve the responsiveness of state government and to save the taxpayers' money, and that efficiency and effectiveness should result in savings.

The legislature, public officials, state employees, and citizens need to know the extent to which state agencies, programs, and activities are achieving the purposes for which they were created. It is essential to compare the conditions, problems, and priorities that led to the creation of government programs with current conditions, problems, and priorities, and to examine the need for and performance of those programs in the current environment.

Along with examining the performance of state agencies and programs, the legislature, public officials, state employees, and citizens must also consider the effect that state government programs can reasonably expect to have on citizens' lives, how the level of programs and services of Washington state government compares with that of other states, and alternatives for service delivery, including other levels of government and the private sector including not-for-profit organizations. It is essential that the legislature, public officials, state employees, and citizens share a common understanding of the role of state government. The performance and relative priority of state agency programs and activities must be the basis for managing and allocating resources within Washington state government.

It is the intent of the legislature to strengthen the role of the current legislative budget committee so that it may more effectively examine how efficiently state agencies perform their responsibilities and whether the agencies are achieving their goals, and whether units of local government are using state funds for their intended purpose in an efficient and effective manner. It is also the intent of the legislature to enact a clear set of definitions for different types of audits in order to eliminate confusion with regard to government reviews." [ 1996 c 288 s 1.]

RCW 44.28.010 Committee created—Members.

The joint legislative audit and review committee is created, which shall consist of eight senators and eight representatives from the legislature. The senate members of the joint committee shall be appointed by the president of the senate, and the house members of the joint committee shall be appointed by the speaker of the house. Not more than four members from each house shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.

[ 2010 c 26 s 1; 1996 c 288 s 3; 1983 c 52 s 1; 1980 c 87 s 30; 1969 c 10 s 4; 1967 ex.s. c 114 s 1; 1963 ex.s. c 20 s 1; 1955 c 206 s 4; 1951 c 43 s 1. ]

RCW 44.28.020 Terms of members—Vacancies.

The term of office of the members of the joint committee shall be two years, ending two years from the date of appointment or when a member is no longer a member of the house from which he or she was appointed, except that members shall continue to serve until a successor is appointed. Vacancies on the joint committee shall be filled from the same political party and from the same house as the member whose seat was vacated. Senate vacancies shall be filled through appointment by the president of the senate, and house vacancies shall be filled through appointment by the speaker of the house.

[ 2010 c 26 s 2; 1996 c 288 s 4; 1980 c 87 s 31; 1969 c 10 s 5; 1955 c 206 s 5; 1951 c 43 s 12. ]

RCW 44.28.040 Travel expenses.

The members of the joint committee shall serve without additional compensation, but shall be reimbursed for their travel expenses in accordance with RCW 44.04.120 for attending meetings of the joint committee or a subcommittee of the joint committee, or while engaged on other business authorized by the joint committee.

[ 1996 c 288 s 6; 1975-'76 2nd ex.s. c 34 s 134; 1951 c 43 s 14. ]

NOTES:

Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

RCW 44.28.050 Expenses of committee—Vouchers.

All expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the auditor. The legislative auditor may be authorized by the *legislative budget committee's executive committee to sign vouchers. Such authorization shall specify a dollar limitation and be set out in writing. A monthly report of such vouchers shall be submitted to the executive committee. If authorization is not given to the legislative auditor then the chair, or the vice chair in the chair's absence, is authorized to sign vouchers. This authority shall continue until the chair's or vice chair's successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated generally by the legislature for legislative expenses or upon any special appropriation which may be provided by the legislature for the expenses of the committee or both.

[ 1989 c 137 s 1; 1955 c 206 s 7; 1951 c 43 s 15. ]

NOTES:

  • Reviser's note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 s 3.

Vouchers on public funds: Chapter 42.24 RCW.

RCW 44.28.055 Administration.

The administration of the joint legislative audit and review committee is subject to RCW 44.04.260.

[ 2001 c 259 s 2. ]

RCW 44.28.060 Executive committee—Legislative auditor—Rules, subcommittees.

The members of the joint committee shall form an executive committee consisting of one member from each of the four major political caucuses, which shall include a chair and a vice chair. The chair and vice chair shall serve for a period not to exceed two years. The chair and the vice chair may not be members of the same political party. The chair shall alternate between the members of the majority parties in the senate and the house of representatives.

Subject to RCW 44.04.260, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the joint committee, as well as other duties delegated to it by the joint committee. The executive committee shall recommend applicants for the position of the legislative auditor to the membership of the joint committee. The legislative auditor shall be hired with the approval of a majority of the membership of the joint committee. Subject to RCW 44.04.260, the executive committee shall set the salary of the legislative auditor.

The joint committee shall adopt rules and procedures for its orderly operation. The joint committee may create subcommittees to perform duties under this chapter.

[ 2001 c 259 s 3; 1996 c 288 s 7; 1975 1st ex.s. c 293 s 13; 1951 c 43 s 2. ]

RCW 44.28.065 Legislative auditor—Duties.

The legislative auditor shall:

(1) Establish and manage the office of the joint legislative audit and review committee to carry out the functions of this chapter;

(2) Direct the audit and review functions described in this chapter and ensure that performance audits are performed in accordance with the "Government Auditing Standards" published by the comptroller general of the United States as applicable to the scope of the audit;

(3) Make findings and recommendations to the joint committee and under its direction to the committees of the state legislature concerning the organization and operation of state agencies and the expenditure of state funds by units of local government;

(4) Subject to RCW 44.04.260, in consultation with and with the approval of the executive committee, hire staff necessary to carry out the purposes of this chapter. Subject to RCW 44.04.260, employee salaries, other than the legislative auditor, shall be set by the legislative auditor with the approval of the executive committee;

(5) Assist the several standing committees of the house and senate in consideration of legislation affecting state departments and their efficiency; appear before other legislative committees; and assist any other legislative committee upon instruction by the joint legislative audit and review committee;

(6) Provide the legislature with information obtained under the direction of the joint legislative audit and review committee;

(7) Maintain a record of all work performed by the legislative auditor under the direction of the joint legislative audit and review committee and keep and make available all documents, data, and reports submitted to the legislative auditor by any legislative committee.

[ 2001 c 259 s 4; 1996 c 288 s 8; 1975 1st ex.s. c 293 s 17; 1955 c 206 s 9; 1951 c 43 s 11. Formerly RCW 44.28.140. ]

RCW 44.28.071 Conduct of performance audits.

(1) In conducting performance audits and other reviews, the legislative auditor shall work closely with the chairs and staff of standing committees of the senate and house of representatives, and may work in consultation with the state auditor and the director of financial management.

(2) The legislative auditor may contract with and consult with public and private independent professional and technical experts as necessary in conducting the performance audits. The legislative auditor should also involve frontline employees and internal auditors in the performance audit process to the highest possible degree.

(3) The legislative auditor shall work with the legislative evaluation and accountability program committee and the office of financial management to develop information system capabilities necessary for the performance audit requirements of this chapter.

(4) The legislative auditor shall work with the legislative office of performance review and the office of financial management to facilitate the implementation of effective performance measures throughout state government. In agencies and programs where effective systems for performance measurement exist, the measurements incorporated into those systems should be a basis for performance audits conducted under this chapter.

[ 1996 c 288 s 9. ]

RCW 44.28.075 Performance audits—Scope.

(1) Subject to the requirements of the performance audit work plan approved by the joint committee under RCW 44.28.083, performance audits may, in addition to the determinations that may be made in such an audit as specified in RCW 44.28.005, include the following:

(a) An examination of the costs and benefits of agency programs, functions, and activities;

(b) Identification of viable alternatives for reducing costs or improving service delivery;

(c) Identification of gaps and overlaps in service delivery, along with corrective action; and

(d) Comparison with other states whose agencies perform similar functions, as well as their relative funding levels and performance.

(2) As part of a performance audit, the legislative auditor may review the costs of programs recently implemented by the legislature to compare actual agency costs with the appropriations provided and the cost estimates that were included in the fiscal note for the program at the time the program was enacted.

[ 1996 c 288 s 10. ]

RCW 44.28.076 Racial equity analysis.

The joint committee shall incorporate a racial equity analysis into performance audits, sunset reviews, and other audits or reports conducted by the joint committee. The joint committee shall note in its audits, reviews, and reports if a racial equity analysis is not necessary or appropriate. The joint committee may work with the office of equity, the governor's office of Indian affairs, the LGBTQ commission, the Washington state women's commission, and the ethnic commissions to design the racial equity analysis required under this section.

[ 2021 c 310 s 1. ]

RCW 44.28.080 Powers—Appropriations, expenses, revenues.

The joint committee has the following powers:

(1) To make examinations and reports concerning whether or not appropriations are being expended for the purposes and within the statutory restrictions provided by the legislature; and concerning the organization and operation of procedures necessary or desirable to promote economy, efficiency, and effectiveness in state government, its officers, boards, committees, commissions, institutions, and other state agencies, and to make recommendations and reports to the legislature.

(2) To make such other studies and examinations of economy, efficiency, and effectiveness of state government and its state agencies as it may find advisable, and to hear complaints, hold hearings, gather information, and make findings of fact with respect thereto.

(3) To conduct program and fiscal reviews of any state agency or program scheduled for termination under the process provided under chapter 43.131 RCW.

(4) To perform other legislative staff studies of state government or the use of state funds.

(5) To conduct performance audits in accordance with the work plan adopted by the joint committee under *RCW 44.28.180.

(6) To receive a copy of each report of examination or audit issued by the state auditor for examinations or audits that were conducted at the request of the joint committee and to make recommendations as it deems appropriate as a separate addendum to the report or audit.

(7) To develop internal tracking procedures that will allow the legislature to measure the effectiveness of performance audits conducted by the joint committee including, where appropriate, measurements of cost-savings and increases in efficiency and effectiveness in how state agencies deliver their services.

(8) To receive messages and reports in person or in writing from the governor or any other state officials and to study generally any and all business relating to economy, efficiency, and effectiveness in state government and state agencies.

[ 1996 c 288 s 11; 1975 1st ex.s. c 293 s 14; 1955 c 206 s 10; 1951 c 43 s 4. ]

NOTES:

*Reviser's note: RCW 44.28.180 was recodified as RCW 44.28.083 pursuant to 1996 c 288 s 55.

RCW 44.28.083 Performance audit work plans.

(1) At the conclusion of the regular legislative session of each odd-numbered year, the joint legislative audit and review committee shall develop and approve a performance audit work plan for the ensuing biennium. The biennial work plan may be modified, as necessary, at the conclusion of other legislative sessions to reflect actions taken by the legislature and the joint committee. The work plan shall include a description of each performance audit, and the cost of completing the audits on the work plan shall be limited to the funds appropriated to the joint committee. Approved performance audit work plans shall be transmitted to the entire legislature by July 1st following the conclusion of each regular session of an odd-numbered year and as soon as practical following other legislative sessions.

(2) Among the factors to be considered in preparing the work plans are:

(a) Whether a program newly created or significantly altered by the legislature warrants continued oversight because (i) the fiscal impact of the program is significant, or (ii) the program represents a relatively high degree of risk in terms of reaching the stated goals and objectives for that program;

(b) Whether implementation of an existing program has failed to meet its goals and objectives by any significant degree;

(c) Whether a follow-up audit would help ensure that previously identified recommendations for improvements were being implemented;

(d) Whether legislative changes to the program require delaying the review until sufficient data is available;

(e) Whether an assignment for the joint committee to conduct a performance audit has been mandated in legislation; and

(f) Whether a planned review that is part of a mandated, recurring study would provide the legislature with new or additional information.

(3) The legislative auditor may consult with the chairs and staff of appropriate legislative committees, the state auditor, and the director of financial management in developing the performance audit work plan.

[ 2025 c 198 s 4; 2010 c 26 s 3; 1996 c 288 s 12; 1993 c 406 s 5. Formerly RCW 44.28.180. ]

NOTES:

Short title—1993 c 406: See note following RCW 43.88.020.

RCW 44.28.088 Performance audit reports—Preliminary, final.

(1) When the legislative auditor has completed a performance audit authorized in the performance audit work plan, the legislative auditor shall transmit the preliminary performance audit report to the affected state agency or local government and the office of financial management for comment. The agency or local government and the office of financial management shall provide any response to the legislative auditor within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the joint committee. The legislative auditor shall incorporate the response of the agency or local government and the office of financial management into the final performance audit report.

(2) Before releasing the results of a performance audit to the legislature or the public, the legislative auditor shall submit the preliminary performance audit report to the joint committee for its review, comments, and final recommendations. Any comments by the joint committee must be included as a separate addendum to the final performance audit report. Upon consideration and incorporation of the review, comments, and recommendations of the joint committee, the legislative auditor shall transmit the final performance audit report to the affected agency or local government, the director of financial management, the leadership of the senate and the house of representatives, and the appropriate standing committees of the house of representatives and the senate and shall publish the results and make the report available to the public. For purposes of this section, "leadership of the senate and the house of representatives" means the speaker of the house, the majority leaders of the senate and the house of representatives, the minority leaders of the senate and the house of representatives, the caucus chairs of both major political parties of the senate and the house of representatives, and the floor leaders of both major political parties of the senate and the house of representatives.

[ 2010 c 26 s 4; 2005 c 319 s 113; 2003 c 362 s 14; 1996 c 288 s 13. ]

NOTES:

Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

RCW 44.28.091 Compliance reports—Preliminary and final.

(1) No later than nine months after the final performance audit has been transmitted by the joint committee to the appropriate standing committees of the house of representatives and the senate, the joint committee in consultation with the standing committees may produce a preliminary compliance report on the agency's or local government's compliance with the final performance audit recommendations. The agency or local government may attach its comments to the joint committee's preliminary compliance report as a separate addendum.

(2) Within three months after the issuance of the preliminary compliance report, the joint committee may hold at least one public hearing and receive public testimony regarding the findings and recommendations contained in the preliminary compliance report. The joint committee may waive the public hearing requirement if the preliminary compliance report demonstrates that the agency or local government is in compliance with the audit recommendations. The joint committee shall issue any final compliance report within four weeks after the public hearing or hearings. The legislative auditor shall transmit the final compliance report in the same manner as a final performance audit is transmitted under RCW 44.28.088.

[ 1996 c 288 s 14. ]

RCW 44.28.094 Quality control review of joint committee.

Subject to the joint committee's approval, the office of the joint committee shall undergo an external quality control review within three years of June 6, 1996, and at regular intervals thereafter. The review must be conducted by an independent organization that has experience in conducting performance audits. The quality control review must include, at a minimum, an evaluation of the quality of the audits conducted by the joint committee, an assessment of the audit procedures used by the joint committee, and an assessment of the qualifications of the joint committee staff to conduct performance audits.

[ 1996 c 288 s 15. ]

RCW 44.28.097 Agency and local government reports furnished to joint committee.

All agency and local government reports concerning program performance, including administrative review, quality control, and other internal audit or performance reports, as requested by the joint committee, shall be furnished by the agency or local government requested to provide such report.

[ 2010 c 26 s 5; 1996 c 288 s 18; 1973 1st ex.s. c 197 s 2. Formerly RCW 44.28.087. ]

RCW 44.28.100 Reports, minutes.

The joint committee may make reports from time to time to the members of the legislature and to the public with respect to any of its findings or recommendations. The joint committee shall keep complete minutes of its meetings.

[ 1996 c 288 s 19; 1987 c 505 s 45; 1975 1st ex.s. c 293 s 16; 1951 c 43 s 6. ]

RCW 44.28.110 Examinations—Subpoenas—Depositions—Access to confidential records.

(1) In the discharge of any duty herein imposed, the joint committee or any personnel under its authority and its subcommittees shall have the authority to examine and inspect all properties, equipment, facilities, files, records, and accounts of any state office, department, institution, board, committee, commission, agency, or local government, and to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by laws for taking depositions in civil actions in the superior courts.

(2) The authority in this section extends to accessing any confidential records needed to discharge the joint committee's performance audit duties. However, access to confidential records for the purpose of conducting performance audits does not change their confidential nature, and any existing confidentiality requirements shall remain in force and be similarly respected by the joint committee and its staff.

[ 2010 c 26 s 6; 1955 c 206 s 8; 1951 c 43 s 8. ]

NOTES:

Depositions: Rules of court: CR 26 through 37.

RCW 44.28.120 Contempt proceedings—Recalcitrant witnesses.

In case of the failure on the part of any person to comply with any subpoena issued in behalf of the joint committee, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the joint committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

[ 1996 c 288 s 20; 1951 c 43 s 9. ]

NOTES:

Contempt: Chapter 7.21 RCW.

Legislative inquiry: Chapter 44.16 RCW.

Witness refusing to attend legislature or committee or to testify: RCW 9.55.020.

RCW 44.28.130 Witness fees and mileage.

Each witness who appears before the joint committee by its order, other than a state official or employee, shall receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers signed by such witness, verified by the legislative auditor, and approved by the chair and the vice chair of the joint committee.

[ 1996 c 288 s 21; 1951 c 43 s 10. ]

NOTES:

Witness fees and mileage: Chapter 2.40 RCW.

RCW 44.28.150 Cooperation with legislative committees and others.

The joint committee shall cooperate, act, and function with legislative committees and with the councils or committees of other states similar to this joint committee and with other interstate research organizations.

[ 1996 c 288 s 22; 1975 1st ex.s. c 293 s 18; 1951 c 43 s 7. ]

RCW 44.28.155 WorkFirst program evaluation.

(1) The joint legislative audit and review committee shall conduct an evaluation of the effectiveness of the WorkFirst program described in chapter 58, Laws of 1997, including the job opportunities and basic skills training program and any approved private, county, or local government WorkFirst program. The evaluation shall assess the success of the program in assisting clients to become employed and to reduce their use of temporary assistance for needy families. The study shall include but not be limited to the following:

(a) An assessment of employment outcomes, including hourly wages, hours worked, and total earnings, for clients;

(b) A comparison of temporary assistance for needy families outcomes, including grant amounts and program exits, for clients; and

(c) An audit of the performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services. The joint legislative audit and review committee may contract with the Washington institute for public policy for appropriate portions of the evaluation required by this section.

(2) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, local governments, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this study as a condition of contract compliance.

[ 1997 c 58 s 705. ]

NOTES:

Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

RCW 44.28.156 Education performance agreement pilot—Evaluation.

The joint committee shall conduct an evaluation of the higher education performance agreement pilot test under *RCW 28B.10.920 through 28B.10.922 and make recommendations regarding changes to the substance or process of creating the agreements, including whether the performance agreement process should be continued and expanded to include additional higher education institutions. The evaluation shall be submitted to the governor and the higher education committees of the senate and house of representatives by November 1, 2014.

[ 2008 c 160 s 5. ]

NOTES:

*Reviser's note: RCW 28B.10.920 through 28B.10.922 were repealed by 2011 1st sp.s. c 10 s 26. RCW 28B.10.922 was also repealed by 2011 1st sp.s c 21 s 18.

Findings—Intent—2008 c 160: "(1) The legislature finds that in the last ten years, significant progress has been made to identify and monitor accountability and performance measures in higher education, both internally in institutions and externally in the legislative and state policymaking environment.

(2) However, the legislature further finds that opportunities exist to promote greater visibility of performance measures among policymakers and among the public consumers of higher education. Policy decisions, including decisions about resource allocation, should be made with greater knowledge and a shared understanding about the tradeoffs between resources, flexibility, and desired outcomes. A forum should be created to allow discussion among policymakers and institution leaders about setting outcome-oriented priorities, targeting of investments, linking operating and capital planning, and creating a longer-term view than the biennial budget cycle typically permits.

(3) Therefore, the legislature intends to implement a process for such discussions, agreements, and planning to occur. The process of crafting higher education performance agreements will be pilot-tested over a six-year period with the public four-year institutions of higher education beginning in 2008." [ 2008 c 160 s 1.]

RCW 44.28.157 School district health benefits—Review—Recommendations—Performance grants—Report.

(1) By December 31, 2015, the joint committee must review the reports on school district health benefits submitted to it by the office of the insurance commissioner and the health care authority and report to the legislature on the progress by school districts and their benefit providers in meeting the following legislative goals to:

(a) Improve the transparency of health benefit plan claims and financial data to assure prudent and efficient use of taxpayers' funds at the state and local levels;

(b) Create greater affordability for full family coverage and greater equity between premium costs for full family coverage and employee only coverage for the same health benefit plan;

(c) Promote health care innovations and cost savings and significantly reduce administrative costs.

(2) The joint committee shall also make a recommendation regarding a specific target to realize the goal in subsection (1)(b) of this section.

(3) The joint committee shall report on the status of individual school districts' progress in achieving the goals in subsection (1) of this section.

(4)(a) In the 2015-2016 school year, the joint committee shall determine which school districts have met the requirements of *RCW 28A.400.350 (5) and (6), and shall rank order these districts from highest to lowest in term of their performance in meeting the requirements.

(b) The joint committee shall then allocate performance grants to the highest performing districts from a performance fund of five million dollars appropriated by the legislature for this purpose. Performance grants shall be used by school districts only to reduce employee health insurance copayments and deductibles. In determining the number of school districts to receive awards, the joint committee must consider the impact of the award on district employee copayments and deductibles in such a manner that the award amounts have a meaningful impact.

(5) If the joint committee determines that districts and their benefit providers have not made adequate progress, in the judgment of the joint committee, in achieving one or more of the legislative goals in subsection (1) of this section, the joint committee report to the legislature must contain advantages, disadvantages, and recommendations on the following:

(a) Why adequate progress has not been made, to the extent the joint committee is able to determine the reason or reasons for the insufficient progress;

(b) What legislative or agency actions would help remove barriers to improvement;

(c) Whether school district health insurance purchasing should be accomplished through a single consolidated school employee health benefits purchasing plan;

(d) Whether school district health insurance purchasing should be accomplished through the public employees' benefits board program, and whether consolidation into the public employees' benefits board program would be preferable to the creation of a consolidated school employee health benefits purchasing plan; and

(e) Whether certificated or classified employees, as separate groups, would be better served by purchasing health insurance through a single consolidated school employee health benefits purchasing plan or through participation in the public employees' benefits board program.

(6) The report shall contain any legislation necessary to implement the recommendations of the joint committee.

(7) The legislature shall take all steps necessary to implement the recommendations of the joint committee unless the legislature adopts alternative strategies to meet its goals during the 2016 session.

[ 2012 2nd sp.s. c 3 s 7. ]

NOTES:

*Reviser's note: RCW 28A.400.350 was amended by 2017 3rd sp.s. c 13 s 816, changing subsections (5) and (6) to subsection (5)(a) and (b).

Findings—Goals—Intent—2012 2nd sp.s. c 3: See note following RCW 28A.400.275.

RCW 44.28.190 Review of increased density bonus for affordable housing located on property owned by a religious organization.

The joint committee must review the efficacy of the increased density bonus incentive for affordable housing development located on property owned by a religious organization pursuant to chapter 218, Laws of 2019 and report its findings to the appropriate committees of the legislature by December 1, 2030. The review must include a recommendation on whether this incentive should be continued without change or should be amended or repealed.

[ 2019 c 218 s 4. ]

RCW 44.28.200 Review of the apple health and homes program.

The joint committee must review the efficacy of the apple health and homes program established by chapter 216, Laws of 2022 and report its findings to the appropriate committees of the legislature by December 1, 2027. The review must include a recommendation on whether this program should be continued without change or should be amended or repealed.

[ 2022 c 216 s 9. ]

NOTES:

Findings—Intent—Short title—2022 c 216: See notes following RCW 74.09.885.

RCW 44.28.210 Thermal energy network pilot project program—Evaluation of implementation.

The joint committee shall conduct an evaluation of the implementation of the thermal energy network pilot project program as outlined in chapter 348, Laws of 2024 and report to the appropriate committees of the legislature on the results of the evaluation no later than three years after June 6, 2024. The report must include an evaluation of how all pilot projects, including those that have been deployed and those that are in the process of deployment, address the considerations outlined in RCW 80.28.460 and 43.31.033.

[ 2024 c 348 s 8. ]

RCW 44.28.220 Preventative health services review.

(1) The joint legislative audit and review committee shall conduct a postenactment review of the implementation of chapter 13, Laws of 2026 by November 15, 2032, to determine whether the act has preserved access to vaccines and preventive services and whether vaccine purchases have been made in a cost-effective manner, consistent with the intent of the act as of the effective date. To inform the joint legislative audit and review committee's review, the department of health and the office of the insurance commissioner shall submit available data related to the purpose of the postenactment review to the joint legislative audit and review committee by September 30, 2031.

(2) This section expires January 1, 2033.

[ 2026 c 13 s 6. ]

NOTES:

Intent—Effective date—2026 c 13: See notes following RCW 43.70.527.

RCW 44.28.232 Wage recovery program—Program and fiscal review.

(1) By June 30, 2034, but no sooner than five years from the date the department of labor and industries begins disbursing funds from the wage recovery program, the joint committee must conduct a program and fiscal review of the wage recovery program created in RCW 49.48.230. The committee must evaluate the effectiveness of the program and the extent to which the program helped low-wage employees avoid immediate economic harm.

(2) The committee must report its findings to the appropriate committees of the legislature and the governor by December 1, 2035. The report must be prepared in the manner set forth in RCW 44.28.071 and 44.28.075 and may include surveying employees regarding their direct lived experiences with accessing the wage recovery program.

(3) The committee may make recommendations to improve the effectiveness and feasibility of the program.

(4) This section expires July 1, 2036.

[ 2026 c 53 s 4. ]

RCW 44.28.805 Review of distributions to cities and counties—Report.

During calendar year 2008, the joint legislative audit and review committee shall review the distributions to cities and counties under RCW 43.08.290 to determine the extent to which the distributions target the needs of cities and counties for which the repeal of the motor vehicle excise tax had the greatest fiscal impact. In conducting the study, the committee shall solicit input from the cities and counties. The department of revenue and the state treasurer shall provide the committee with any data within their purview that the committee considers necessary to conduct the review. The committee shall report to the legislature the results of its findings, and any recommendations for changes to the distribution formulas under RCW 43.08.290, by December 31, 2008.

[ 2005 c 450 s 3. ]

NOTES:

Effective date—2005 c 450: See note following RCW 82.45.060.

RCW 44.28.810 Review of governor's interagency coordinating council on health disparities—Report to the legislature.

The joint committee shall conduct a review of the governor's interagency coordinating council on health disparities and its functions. The review shall be substantially the same as a sunset review under chapter 43.131 RCW. The joint committee shall present its findings to appropriate committees of the legislature by December 1, 2016.

[ 2006 c 239 s 7. ]

RCW 44.28.819 Review of enforcement actions under the Washington my health my data act—Report.

(1) The joint committee must review enforcement actions, as authorized in RCW 19.373.090, brought by the attorney general and consumers to enforce violations of chapter 191, Laws of 2023.

(2) The report must include, at a minimum:

(a) The number of enforcement actions reported by the attorney general, a consumer, a regulated entity, or a small business that resulted in a settlement, including the average settlement amount;

(b) The number of complaints reported, including categories of complaints and the number of complaints for each category, reported by the attorney general, a consumer, a regulated entity, or a small business;

(c) The number of enforcement actions brought by the attorney general and consumers, including the categories of violations and the number of violations per category;

(e) [(d)] The number of civil actions where a judge determined the position of the nonprevailing party was frivolous, if any;

(f) [(e)] The types of resources, including associated costs, expended by the attorney general, a consumer, a regulated entity, or a small business for enforcement actions; and

(g) [(f)] Recommendations for potential changes to enforcement provisions of chapter 191, Laws of 2023.

(3) The office of the attorney general shall provide the joint committee any data within their purview that the joint committee considers necessary to conduct the review.

(4) The joint committee shall submit a report of its findings and recommendations to the governor and the appropriate committees of the legislature by September 30, 2030.

(5) This section expires June 30, 2031.

[ 2023 c 191 s 13. ]

RCW 44.28.900 Severability—1951 c 43.

If any section, subsection, paragraph or provision of this chapter shall be held invalid by any court for any reason, such invalidity shall not in any way affect the validity of the remainder of this chapter.

[ 1951 c 43 s 16. ]

Chapter 44.39 RCW Joint Committee on Energy Supply, Energy Conservation, and Energy Resilience

RCW 44.39.010 Committee created.

There is hereby created the joint committee on energy supply, energy conservation, and energy resilience.

[ 2023 c 230 s 308; 2005 c 299 s 1; 2001 c 214 s 30; 1977 ex.s. c 328 s 13; 1969 ex.s. c 260 s 1. ]

NOTES:

Findings—Intent—2023 c 230: See note following RCW 43.394.010.

Intent—2005 c 299: "It is the intent of the legislature to utilize lessons learned from efforts to conserve energy usage in single state buildings or complexes and extend conservation measures across all levels of government. Implementing conservation measures across all levels of government will create actual energy conservation savings, maintenance and cost savings to state and local governments, and savings to the state economy, which depends on affordable, realizable electricity to retain jobs. The legislature intends that conservation measures be identified and aggregated within a government entity or among multiple government entities to maximize energy savings and project efficiencies." [ 2005 c 299 s 3.]

Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.

Findings—2001 c 214: See note following RCW 39.35.010.

Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

RCW 44.39.012 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Committee" means the joint committee on energy supply, energy conservation, and energy resilience.

(2) "Conservation" means reduced energy consumption or energy cost, or increased efficiency in the use of energy, and activities, measures, or equipment designed to achieve such results.

[ 2023 c 230 s 309; 2005 c 299 s 4. ]

NOTES:

Findings—Intent—2023 c 230: See note following RCW 43.394.010.

Intent—2005 c 299: See note following RCW 44.39.010.

RCW 44.39.015 Composition—Appointment of members.

The committee shall consist of four senators and four representatives who shall be selected biennially as follows:

(1) The president of the senate shall appoint four members from the senate to serve on the committee, including the chair of the committee responsible for energy issues. Two members from each major political party must be appointed.

(2) The speaker or co-speakers of the house of representatives shall appoint four members from the house of representatives to serve on the committee, including the chair or cochairs of the committee responsible for energy issues. Two members from each major political party must be appointed.

(3) The committee shall elect a chair and a vice chair. The chair shall be a member of the house of representatives in even-numbered years and a member of the senate in odd-numbered years. In the case of a tie in the membership of the house of representatives in an even-numbered year, the committee shall elect cochairs from the house of representatives in that year.

[ 2001 c 214 s 31; 1977 ex.s. c 328 s 14; 1969 ex.s. c 260 s 2. ]

NOTES:

Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.

Findings—2001 c 214: See note following RCW 39.35.010.

Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

RCW 44.39.020 Terms.

Members shall serve until their successors are installed as provided in RCW 44.39.015, as now or hereafter amended, at the next succeeding regular session of the legislature during an odd-numbered year, or until they are no longer members of the legislature, whichever is sooner.

[ 1980 c 87 s 38; 1977 ex.s. c 328 s 15; 1969 ex.s. c 260 s 3. ]

NOTES:

Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

RCW 44.39.025 Vacancies.

The presiding officer of the appropriate legislative chamber shall fill any vacancies occurring on the committee by appointment from the same political party as the departing member. Notwithstanding the provisions of RCW 44.39.015 as now or hereafter amended, any such appointee shall be deemed installed as a member upon appointment. Members filling vacancies shall serve until they or their successors are installed as provided in RCW 44.39.015, as now or hereafter amended, or until they are no longer members of the legislature, whichever is sooner.

[ 1977 ex.s. c 328 s 16; 1969 ex.s. c 260 s 4. ]

NOTES:

Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

RCW 44.39.038 Study of state building code relating to energy.

The senate and house committees on energy and utilities shall make continuing studies of the state building code as it relates to energy consumption, conservation and retention and shall submit their recommendations concerning such to the legislature periodically.

[ 1977 ex.s. c 14 s 13. ]

NOTES:

Severability—1977 ex.s. c 14: See RCW 19.27.905.

Energy-related building standards: Chapter 19.27A RCW.

RCW 44.39.045 Expenses and per diem.

The members of the committee shall serve without compensation, but shall be reimbursed for their expenses incurred while attending sessions of the committee or any subcommittee of the committee, or while engaged in other committee business authorized by the committee, as provided for in RCW 44.04.120.

[ 1969 ex.s. c 260 s 8. ]

RCW 44.39.050 Payment of expenses—Vouchers.

All expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the director of financial management and signed by the chair of the committee. Vouchers may be drawn upon funds appropriated generally by the legislature for legislative expenses or upon any special appropriation which may be provided by the legislature for the expenses of the committee.

[ 2009 c 549 s 6015; 1979 c 151 s 156; 1969 ex.s. c 260 s 9. ]

RCW 44.39.060 Examinations—Subpoenas—Depositions—Contempt proceedings—Witness fees.

In the discharge of any duty imposed by this chapter, the committee or any personnel acting under its direction shall have the authority to examine and inspect all properties, equipment, facilities, files, records, and accounts of any state office, department, institution, board, committee, commission, or agency; to administer oaths; and to issue subpoenas, upon approval of a majority of the members of the house or senate rules committee, to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the superior courts.

In case of the failure of any person to comply with any subpoena issued in behalf of the committee, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

Each witness who appears before the committee by its order, other than a state official or employee, shall receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers signed by such witness and approved by the chair of the committee.

[ 2010 c 8 s 8001; 2009 c 549 s 6016; 1977 ex.s. c 328 s 17. ]

NOTES:

Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

RCW 44.39.070 Meetings—Energy supply alert or energy emergency—Duties.

(1) The committee shall meet and function at the following times: (a) At least once per year or at anytime upon the call of the chair to receive information related to the state or regional energy supply situation; (b) during a condition of energy supply alert or energy emergency; and (c) upon the call of the chair, in response to gubernatorial action to terminate such a condition. Upon the declaration by the governor of a condition of energy supply alert or energy emergency, the committee shall meet to receive any plans proposed by the governor for programs, controls, standards, and priorities for the production, allocation, and consumption of energy during any current or anticipated condition of energy supply alert or energy emergency, any proposed plans for the suspension or modification of existing rules of the Washington Administrative Code, and any other relevant matters the governor deems desirable. The committee shall review such plans and matters and shall transmit its recommendations to the governor for review. The committee may review any voluntary programs or local or regional programs for the production, allocation, or consumption of energy which have been submitted to the committee.

(2) The committee shall receive any request from the governor for the approval of a declaration of a condition of energy emergency as provided in RCW 43.21G.040 as now or hereafter amended and shall either approve or disapprove such request.

(3) During a condition of energy supply alert, the committee shall: (a) Receive any request from the governor for an extension of the condition of energy supply alert for an additional period of time not to exceed ninety consecutive days and the findings upon which such request is based; (b) receive any request from the governor for subsequent extensions of the condition of energy supply alert for an additional period of time not to exceed one hundred twenty consecutive days and the findings upon which such a request is based; and (c) either approve or disapprove the requested extensions. When approving a request, the committee may specify a longer period than requested, up to ninety days for initial extensions and one hundred twenty days for additional extensions.

(4) During a condition of energy emergency the committee shall: (a) Receive any request from the governor for an extension of the condition of energy emergency for an additional period of time not to exceed forty-five consecutive days and the finding upon which any such request is based; (b) receive any request from the governor for subsequent extensions of the condition of energy emergency for an additional period of time not to exceed sixty consecutive days and the findings upon which such a request is based; and (c) either approve or disapprove the requested extensions. When approving a request, the committee may specify a longer period than requested, up to forty-five days for initial extensions and sixty days for additional extensions.

[ 2005 c 299 s 2; 2002 c 192 s 1; 1977 ex.s. c 328 s 18. ]

NOTES:

Intent—2005 c 299: See note following RCW 44.39.010.

Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

Chapter 44.44 RCW Office of State Actuary—Select Committee on Pension Policy

RCW 44.44.010 Office of state actuary—Created—Qualifications.

(1) There is hereby created an office within the legislative branch to be known as the office of the state actuary.

(2) The executive head of the office shall be the state actuary who shall be qualified by education and experience in the field of actuarial science.

[ 1987 c 25 s 1; 1975-'76 2nd ex.s. c 105 s 19. ]

RCW 44.44.030 Personnel—Member of American academy of actuaries.

(1) Subject to RCW 44.04.260, the state actuary shall have the authority to select and employ such research, technical, clerical personnel, and consultants as the actuary deems necessary, whose salaries shall be fixed by the actuary and approved by the pension funding council, and who shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

(2) All actuarial valuations and experience studies performed by the office of the state actuary shall be signed by a member of the American academy of actuaries. If the state actuary is not such a member, the state actuary, after approval by the select committee, shall contract for a period not to exceed two years with a member of the American academy of actuaries to assist in developing actuarial valuations and experience studies.

[ 2025 c 333 s 3; 2003 c 295 s 14; 2001 c 259 s 11; 1987 c 25 s 2; 1975-'76 2nd ex.s. c 105 s 21. ]

RCW 44.44.040 Powers and duties—Actuarial fiscal notes.

The office of the state actuary shall have the following powers and duties:

(1) Perform all actuarial services for the department of retirement systems, including all studies required by law.

(2) Advise the legislature and the governor regarding pension benefit provisions, and funding policies and investment policies of the state investment board.

(3) Consult with the legislature and the governor concerning determination of actuarial assumptions used by the department of retirement systems.

(4) Prepare a report, to be known as the actuarial fiscal note, on each pension bill introduced in the legislature which briefly explains the financial impact of the bill. The actuarial fiscal note shall include: (a) The statutorily required contribution for the biennium and the following twenty-five years; (b) the biennial cost of the increased benefits if these exceed the required contribution; and (c) any change in the present value of the unfunded accrued benefits. An actuarial fiscal note shall also be prepared for all amendments which are offered in committee or on the floor of the house of representatives or the senate to any pension bill. However, a majority of the members present may suspend the requirement for an actuarial fiscal note for amendments offered on the floor of the house of representatives or the senate.

(5) Provide such actuarial services to the legislature as may be requested from time to time.

(6) Provide staff and assistance to the committee established under RCW 41.04.276.

(7) Provide actuarial assistance to the law enforcement officers' and firefighters' plan 2 retirement board as provided in chapter 2, Laws of 2003. Reimbursement for services shall be made to the state actuary under RCW 39.34.130 and section 5(5), chapter 2, Laws of 2003.

(8) Provide actuarial assistance to the committee on advanced tuition payment pursuant to chapter 28B.95 RCW, including recommending a tuition unit price to the committee on advanced tuition payment to be used in the ensuing enrollment period. Reimbursement for services shall be made to the state actuary under RCW 39.34.130.

(9) Provide actuarial assistance to the long-term services and supports trust commission pursuant to chapter 50B.04 RCW. Reimbursement for services shall be made to the state actuary under RCW 39.34.130.

(10) Provide actuarial assistance, as requested by the employment security department or the office of financial management, to the employment security department related to the family and medical leave program in Title 50A RCW.

[ 2022 c 233 s 9; 2019 c 363 s 22; 2011 1st sp.s. c 12 s 7. Prior: 2003 c 295 s 4; 2003 c 92 s 2; 1987 c 25 s 3; 1986 c 317 s 6; 1975-'76 2nd ex.s. c 105 s 22. ]

NOTES:

Effective date—2003 c 92: See RCW 41.26.906.

Legislative findings—Intent—Severability—1986 c 317: See notes following RCW 41.40.150.

Chapter 44.48 RCW Legislative Evaluation and Accountability Program Committee

RCW 44.48.010 Committee created—Composition.

There is hereby created a legislative evaluation and accountability program committee which shall consist of four senators and four representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate and the house members of the committee shall be appointed by the speaker of the house. Not more than two members from each house shall be from the same political party. All members shall be appointed before the close of the 1977 session of the legislature and before the close of each regular session during an odd-numbered year thereafter. Members shall be subject to confirmation, as to the senate members by the senate, and as to the house members by the house.

[ 1980 c 87 s 40; 1977 ex.s. c 373 s 1. ]

RCW 44.48.020 Terms of members—Vacancies.

The term of office of the members of the committee who continue to be members of the senate and house shall be from the close of the session in which they were appointed or elected as provided in RCW 44.48.010 until the close of the next regular session during an odd-numbered year, or, in the event that such appointments or elections are not made, until the close of the next regular session during an odd-numbered year during which successors are appointed or elected. The term of office of such committee members as shall not continue to be members of the senate and house shall cease upon the convening of the next regular session of the legislature during an odd-numbered year after their confirmation, election, or appointment. Vacancies on the committee shall be filled by appointment by the remaining members. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

[ 1980 c 87 s 41; 1977 ex.s. c 373 s 2. ]

RCW 44.48.030 Continuation of memberships, powers, duties, etc.

On and after the commencement of a succeeding regular session of the legislature during an odd-numbered year, those members of the committee who continue to be members of the senate and house, respectively, shall continue as members of the committee as indicated in RCW 44.48.020 and the committee shall continue with all its powers, duties, authorities, records, papers, personnel and staff, and all funds made available for its use.

[ 1980 c 87 s 42; 1977 ex.s. c 373 s 3. ]

RCW 44.48.040 Travel expenses of members—Reimbursement.

The members of the committee shall serve without additional compensation, but shall be reimbursed in accordance with RCW 44.04.120 while attending sessions of the committee or meetings of any subcommittee of the committee, or on other committee business authorized by the committee.

[ 1977 ex.s. c 373 s 4. ]

RCW 44.48.045 Administration.

The administration of the legislative evaluation and accountability program committee is subject to RCW 44.04.260.

[ 2001 c 259 s 12. ]

RCW 44.48.050 Expenses of committee—Vouchers.

Subject to RCW 44.04.260, all expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the administrator and signed by the chair or vice chair of the committee and attested by the secretary of said committee, and the authority of said chair and secretary to sign vouchers shall continue until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated by law for the committee: PROVIDED, That the senate and the house may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.

[ 2009 c 549 s 6017; 2001 c 259 s 13; 1977 ex.s. c 373 s 5. ]

RCW 44.48.060 Officers and rules.

The committee shall have the power and duty to appoint its own chair, vice chair, and other officers; and to make rules for orderly procedure.

[ 2009 c 549 s 6018; 1977 ex.s. c 373 s 6. ]

RCW 44.48.070 Committee's duties with respect to data processing capability for fiscal matters—LEAP defined.

The committee shall acquire a data processing service capability under the exclusive jurisdiction and control of the legislature acting through the committee and its administrator for the purpose of providing the legislature and its staff with the type of information required for in-depth analysis and monitoring of state agency expenditures, budgets, and related fiscal matters. The legislative evaluation and accountability program established in this section may be referred to in this chapter as the LEAP administration.

[ 1977 ex.s. c 373 s 7. ]

RCW 44.48.080 Duties of LEAP administration.

To carry out the provisions of RCW 44.48.070 the LEAP administration shall provide for:

(1) Automated databases and application systems in support of legislative requirements to monitor, evaluate, analyze, report, and review;

(2) Maintenance of computer software, application programs, databases, and related documentation;

(3) Education, training, and programming services;

(4) Procedural documentation support; and

(5) Consulting assistance on special projects.

[ 1977 ex.s. c 373 s 8. ]

RCW 44.48.090 Committee's powers.

The committee shall have the following powers:

(1) To have timely access, upon written request of the administrator, to all machine readable, printed, and other data of state agencies relative to expenditures, budgets, and related fiscal matters;

(2) To suggest changes relative to state accounting and reporting systems to the office of financial management or its successor and to require timely written responses to such suggestions; and

(3) Subject to RCW 44.04.260, to enter into contracts; and when entering into any contract for computer access, make necessary provisions relative to the scheduling of computer time and usage in recognition of the unique requirements and priorities of the legislative process.

[ 2001 c 259 s 14; 1979 c 151 s 158; 1977 ex.s. c 373 s 9. ]

RCW 44.48.100 Reports to legislature—Minutes.

The committee shall have the power to make reports to the legislature. The committee shall keep complete minutes of its meetings.

[ 1987 c 505 s 46; 1977 ex.s. c 373 s 10. ]

RCW 44.48.110 Witness fees and mileage.

Each person who appears before the committee, other than a state official or employee, may upon request receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record in accordance with the provisions of RCW 2.40.010, which shall be audited and paid upon the presentation of proper vouchers signed by such person and approved by the secretary and chair of the committee.

[ 2009 c 549 s 6019; 1977 ex.s. c 373 s 11. ]

RCW 44.48.120 LEAP administrator and other assistants—Employment—Duties of LEAP administrator.

The committee is hereby authorized and empowered to appoint an officer to be known as the LEAP administrator who shall be the executive officer of the committee and assist in its duties and shall compile information for the committee.

Subject to RCW 44.04.260, the committee is hereby authorized and empowered to select and employ temporary and permanent personnel and fix their salaries.

The duties of the administrator shall be as follows:

(1) To manage the LEAP operations.

(2) To assist the several standing committees of the house and senate; to appear before other legislative committees; and to assist any other legislative committee upon instruction by the committee.

(3) To provide the legislature with information obtained under the direction of the committee.

(4) To maintain a record of all work performed by the administrator under the direction of the committee and to keep and make available all documents, data, and reports submitted to the administrator by any legislative committee.

[ 2001 c 259 s 15; 1977 ex.s. c 373 s 12. ]

RCW 44.48.130 Exemption from Washington technology solutions.

The committee is hereby expressly exempted from the provisions of chapter 43.105 RCW.

[ 1977 ex.s. c 373 s 13. ]

RCW 44.48.140 Cooperation with legislative committees and others.

The committee shall cooperate, act, and function with Washington state legislative committees and may cooperate with the councils or committees of other states similar to this committee and with other interstate research organizations.

[ 1977 ex.s. c 373 s 14. ]

RCW 44.48.150 State expenditure information website—Access to data—Maintenance—Capital and transportation projects—Website testing.

(1) By January 1, 2009, in collaboration with the office of financial management, using existing databases and structures currently shared, the office of the legislative evaluation and accountability program committee shall establish and make available to the public a searchable state expenditure information website. The state expenditure information website shall provide access to current budget data, access to current accounting data for budgeted expenditures and staff, and access to historical data. At a minimum, the website will provide access or links to the following information as data are available:

(a) State expenditures by fund or account;

(b) State expenditures by agency, program, and subprogram;

(c) State revenues by major source;

(d) State expenditures by object and subobject;

(e) State agency workloads, caseloads, and performance measures, and recent performance audits;

(f) State agency budget data by activity; and

(g) The inventory of state agency fees required by RCW 43.88.585.

(2) "State agency," as used in this section, includes every state agency, office, board, commission, or institution of the executive, legislative, or judicial branches, including institutions of higher education.

(3) The state expenditure information website shall be updated periodically as subsequent fiscal year data become available, and the prior year expenditure data shall be maintained by the legislative evaluation and accountability program committee as part of its ten-year historical budget data.

(4) By January 1, 2014, current and future capital project and transportation project investments must be coded with the geographic information sufficient to permit the public to search and identify appropriation and expenditure data at the parent and subproject level to the extent available by:

(a) State legislative district;

(b) County; and

(c) Agency project identifier.

(5) The office of the legislative evaluation and accountability program committee must, within existing resources, update the state expenditure information website to allow the public to search for capital budget and transportation projects by selecting from an online geographical map. The map must allow an in-depth examination of financial and other data associated with such projects. Data elements must include:

(a) Project title;

(b) Total appropriation;

(c) Project description;

(d) Expenditure data; and

(e) Administering agency.

(6) The website must be easy to use, contain current and readily available data, and allow for review and analysis by the public. The legislative evaluation and accountability program committee must test the website with potential users to ensure that it is easy to navigate and comprehend.

[ 2013 c 327 s 2; 2013 c 63 s 2; 2008 c 326 s 2. ]

NOTES:

Reviser's note: This section was amended by 2013 c 63 s 2 and by 2013 c 327 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Intent—2013 c 327: "The intent of the legislature is to make state capital budget and transportation budget appropriation and expenditure data as transparent and easy to use by the public as is feasible. It is important to provide information to the public on state capital and transportation investments by legislative district and county in a format that is easy to navigate and comprehend. Providing such information contributes to governmental accountability, public participation, agency efficiency, and open government." [ 2013 c 327 s 1.]

Intent—2008 c 326: "The intent of the legislature is to make state revenue and expenditure data as open, transparent, and publicly accessible as is feasible. Increasing the ease of public access to state budget data, particularly where the data are currently available from disparate internal government sources but are difficult for the public to collect and efficiently aggregate, significantly contributes to governmental accountability, public participation, agency efficiency, and open government." [ 2008 c 326 s 1.]

RCW 44.48.160 Website presentation about state budgets.

The legislative evaluation and accountability program, in conjunction with the office of financial management, must create a website presentation accessible 24 hours a day beginning August 15th of each year containing the following information:

(1)(a) A summary of each of the following:

(i) The adopted operating budget and supplemental operating budget for the most recent fiscal biennium;

(ii) The adopted capital budget and supplemental capital budget for the most recent fiscal biennium; and

(iii) The adopted transportation budget and supplemental transportation budget for the most recent fiscal biennium;

(b) Every summary required by (a) of this subsection must additionally include:

(i) The numbers of each bill that was part of the budget for that session;

(ii) Access information for each bill on the official legislative website;

(iii) The date that each bill was approved with brief instructions on how to locate roll call votes online; and

(iv) The number of votes cast for and against each bill;

(2) Graphical depictions of funds subject to outlook and a data visualization showing total budgeted funds for the state operating budget by functional areas of government for the most recent biennium;

(3) Tables provided by the office of financial management comparing state and local expenditures with personal income from the most recent fiscal year available to each fiscal year going back 20 years; and

(4) A list, generated by the legislative evaluation and accountability program in coordination with the office of financial management, of every bill for which an analysis was produced in compliance with RCW 43.135.031, and links to the legislative website for each bill on the list so the public may see how legislators voted and instructions for voters on how to locate analyses produced in compliance with RCW 43.135.031.

[ 2023 c 109 s 9. ]

NOTES:

Findings—2023 c 109: See note following RCW 29A.32.070.

Chapter 44.68 RCW Joint Legislative Systems Administrative Committee

RCW 44.68.010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Administrative committee" means the joint legislative systems administrative committee created under RCW 44.68.030.

(2) "Center" means the legislative service center established under RCW 44.68.060.

(3) "Coordinator" means the legislative systems coordinator employed under RCW 44.68.040.

[ 2020 c 114 s 9; 2007 c 18 s 1; 1986 c 61 s 1. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.030 Administrative committee—Membership, coordinator as secretary.

(1) The joint legislative systems administrative committee is created to manage the information processing and communications systems of the legislature. The administrative committee consists of five members appointed as follows:

(a) The secretary of the senate, and another senate staff person appointed by and serving at the pleasure of the secretary;

(b) The chief clerk of the house of representatives, and another house of representatives staff person appointed by and serving at the pleasure of the chief clerk; and

(c) The code reviser, or the code reviser's designee, serving in a nonvoting capacity.

(2) The coordinator shall serve as the secretary of the administrative committee.

[ 2007 c 18 s 2; 1986 c 61 s 3. ]

RCW 44.68.040 Legislative systems coordinator—Employment, duties.

Subject to RCW 44.04.260:

(1) The administrative committee shall employ a legislative systems coordinator. The coordinator shall serve at the pleasure of the administrative committee, which shall fix the coordinator's salary.

(2)(a) The coordinator shall serve as the executive and administrative head of the center, and shall assist the administrative committee in managing the information processing and communications systems of the legislature as directed by the administrative committee;

(b) In accordance with an adopted personnel plan, the coordinator shall employ or engage and fix the compensation for personnel required to carry out the purposes of this chapter;

(c) The coordinator shall enter into contracts for: (i) The sale, exchange, or acquisition of equipment, supplies, services, and facilities required to carry out the purposes of this chapter; and (ii) the distribution of legislative information.

[ 2020 c 114 s 10; 2007 c 18 s 3; 2001 c 259 s 17; 1986 c 61 s 4. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.050 Administrative committee—Powers and duties.

The administrative committee shall, subject to RCW 44.04.260:

(1) Adopt policies, procedures, and standards regarding the information processing and communications systems of the legislature;

(2) Establish appropriate charges for services, equipment, and publications provided by the legislative information processing and communications systems, applicable to legislative and nonlegislative users as determined by the administrative committee;

(3) Adopt a compensation plan for personnel required to carry out the purposes of this chapter; and

(4) Approve strategic and tactical information technology plans and provide guidance in operational matters required to carry out (a) the purposes of this chapter; and (b) the distribution of legislative information.

[ 2020 c 114 s 11; 2007 c 18 s 4; 2001 c 259 s 18; 1986 c 61 s 5. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.060 Legislative service center—Duties—Protection of information—Bill drafts.

(1) The administrative committee shall establish a legislative service center. The center shall provide automatic data processing services, equipment, training, and support to the legislature and legislative agencies. The center may also, by agreement, provide services to agencies of the judicial and executive branches of state government and other governmental entities, and provide public access to legislative information. All operations of the center shall be subject to the general supervision of the administrative committee in accordance with the policies, procedures, and standards established under RCW 44.68.050.

(2) Except as provided otherwise in subsection (3) of this section, determinations regarding the security, disclosure, and disposition of information placed or maintained in the center shall rest solely with the originator and shall be made in accordance with any law regulating the disclosure of such information. The originator is the person who directly places information in the center.

(3) When utilizing the center to carry out the bill drafting functions required under RCW 1.08.027, the code reviser shall be considered the originator as defined in this section. However, determinations regarding the security, disclosure, and disposition of drafts placed or maintained in the center shall be made by the person requesting the code reviser's services and the code reviser, acting as the originator, shall comply with and carry out such determinations as directed by that person. A measure once introduced shall not be considered a draft under this subsection.

[ 2020 c 114 s 12; 2007 c 18 s 5; 1986 c 61 s 6. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.065 Additional duties of legislative service center.

The legislative service center, under the direction of the joint legislative systems administrative committee, shall:

(1) Develop a legislative information technology portfolio consistent with the provisions of RCW 43.105.341;

(2) Participate in the development of an enterprise-based statewide information technology strategy;

(3) Ensure the legislative information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;

(4) As part of the biennial budget process, submit the legislative information technology portfolio to the chair and ranking member of the ways and means committees of the house of representatives and the senate, the office of financial management, and Washington technology solutions.

[ 2024 c 54 s 55; 2020 c 114 s 13; 2015 3rd sp.s. c 1 s 411; 2015 c 225 s 96; 2010 c 282 s 8. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

Effective date—2015 3rd sp.s. c 1 ss 401-405, 409, 411, and 412: See note following RCW 2.36.057.

RCW 44.68.080 Scope of requirements of this chapter.

The information and communications functions of the legislature and legislative agencies are subject to the requirements of this chapter, and the standards, policies, and procedures established under this chapter.

[ 1986 c 61 s 8. ]

RCW 44.68.085 Salaries and expenses of employees—Vouchers—Authority to draw on funds—Transfer of moneys.

Subject to RCW 44.04.260, all expenses incurred, including salaries and expenses of employees, shall be paid upon voucher forms as provided and signed by the coordinator. Vouchers may be drawn on funds appropriated by law for the administrative committee and center: PROVIDED, That the senate, house of representatives, and code reviser may authorize the administrative committee and center to draw on funds appropriated by the legislature for related information technology expenses. The senate and house of representatives may transfer moneys appropriated for legislative expenses to the administrative committee and center, in addition to charges made under RCW 44.68.050(2).

[ 2020 c 114 s 14; 2007 c 18 s 6. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.090 Administrative committee members—Travel expenses.

Members of the administrative committee shall be reimbursed for travel expenses under RCW 44.04.120 or 43.03.050 and 43.03.060, as appropriate, while attending meetings of their respective committees or on other official business authorized by their respective committees.

[ 2020 c 114 s 15; 1986 c 61 s 9. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.100 Electronic access to legislative information.

The legislature and legislative agencies through the administrative committee, shall:

(1) Continue to plan for and implement processes for making legislative information available electronically;

(2) Promote and facilitate electronic access to the public of legislative information and services;

(3) Establish technical standards for such services;

(4) Consider electronic public access needs when planning new information systems or major upgrades of information systems;

(5) Develop processes to determine which legislative information the public most wants and needs;

(6) Increase capabilities to receive information electronically from the public and transmit forms, applications and other communications and transactions electronically;

(7) Use technologies that allow continuous access twenty-four hours a day, seven days per week, involve little or no cost to access, and are capable of being used by persons without extensive technology ability; and

(8) Consider and incorporate wherever possible ease of access to electronic technologies by persons with disabilities.

[ 2020 c 114 s 16; 1996 c 171 s 4. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

Captions not law—Effective dates—1996 c 171: See notes following RCW 2.68.050.

RCW 44.68.105 Administrative committee, center—Exemption.

The administrative committee and center are hereby expressly exempted from the provisions of chapter 43.105 RCW.

[ 2020 c 114 s 17; 2007 c 18 s 7. ]

NOTES:

Effective date—2020 c 114: See note following RCW 28A.175.075.

RCW 44.68.900 Effective date—2007 c 18.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007.

[ 2007 c 18 s 10. ]

Chapter 44.73 RCW Legislative Gift Center

RCW 44.73.005 Findings.

The legislature finds that Washington is committed to economic development and supporting the tourism industry, and that economic development is achieved by promoting the state and the goods produced around the state. The legislature further finds that tourism is encouraged providing a memorable experience and an opportunity for visitors to take something back home with them to remind them of this experience. There are many visitors every day to the legislative building, including tourists, school children, and people from around the state visiting the state capitol. These visitors offer an opportunity for the state to showcase its products and history. Therefore, the legislature finds that a gift center in the legislative building would be an appropriate response to this opportunity, and further, that such a gift center could provide a source of revenue to help fund the oral history program and to pay for the restoration and repurchase of historical capitol furnishings.

[ 2007 c 453 s 1. ]

RCW 44.73.010 Legislative gift center—Created—Retail sale of products—Governance—Planning.

(1) There is created in the legislature a legislative gift center for the retail sale of products bearing the state seal, Washington state souvenirs, other Washington products, and other products as approved. Wholesale purchase of products for sale at the legislative gift center is not subject to competitive bidding.

(2) Governance for the legislative gift center shall be under the chief clerk of the house of representatives and the secretary of the senate. They may designate a legislative staff member as the lead staff person to oversee management and operation of the gift shop.

(3) The chief clerk of the house of representatives and secretary of the senate shall consult with the department of enterprise services in planning, siting, and maintaining legislative building space for the gift center.

(4) Products bearing the "Seal of the State of Washington" as described in Article XVIII, section 1 of the Washington state Constitution and RCW 1.20.080, must be purchased from the secretary of state pursuant to an agreement between the chief clerk of the house of representatives, the secretary of the senate, and the secretary of state.

[ 2015 c 225 s 97; 2007 c 453 s 2. ]

RCW 44.73.015 Legislative gift center—Selling wine for off-premises consumption—Collection and remittance of all applicable state and local taxes—Consultation with the Washington wine commission.

(1) The legislative gift center is authorized to sell at retail for off-premises consumption wine produced in Washington by a licensed domestic winery. Wine sold by the legislative gift center must: (a) Be sold to individuals twenty-one years of age or older; (b) be sold for personal use and not for resale; and (c) have been purchased from a licensed wine distributor or from a manufacturer authorized to distribute wine of its own production.

(2) The legislative gift center must collect and remit to the department of revenue all applicable state and local taxes on sales of wine.

(3) The legislative gift center must consult with the Washington wine commission to select which Washington wines will be sold. The Washington wine commission must give consideration to award winning wines in assisting the gift center.

[ 2009 c 228 s 3. ]

NOTES:

Findings—Intent—2009 c 228: See note following RCW 66.12.195.

RCW 44.73.020 Legislative gift center account.

(1) The legislative gift center account is created in the custody of the state treasurer. All moneys received by the gift center from the sale of Washington state souvenirs, other Washington products, and other products as approved shall be deposited in the account. Expenditures from the account may be used only for the operations and maintenance of the gift center, including the purchase of inventory, and for other purposes as provided in this section. Only the chief clerk of the house of representatives and the secretary of the senate, or the lead staff person designated by them to oversee management and operation of the gift shop, 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.

(2) Net profits, after expenses, from the sale of Washington state souvenirs, other Washington products, and products approved by the legislative gift center, shall be deposited as provided in this subsection:

(a) Twenty-five percent in the legislative oral history account in chapter 44.04 RCW (created in *Substitute House Bill No. 1741);

(b) Twenty-five percent in the oral history, state library, and archives account created in **RCW 43.07.380; and

(c) Fifty percent in the capitol furnishings preservation committee account created in RCW 27.48.040.

(3) Net profits, after expenses, from the sale of items bearing the state seal by the legislative gift center shall be deposited in the capitol furnishings preservation committee account created in RCW 27.48.040. A full accounting thereof shall be provided to the secretary of state.

(4) The legislative gift center may designate special sales, the proceeds of which shall go to an account specified at the time of designation.

[ 2007 c 453 s 3. ]

NOTES:

Reviser's note: *(1) Substitute House Bill No. 1741 was not enacted during the 2007 legislative session. However, Third Substitute House Bill No. 1741 was enacted in 2008 and created the legislative oral history account in RCW 44.04.345.

**(2) RCW 43.07.380 was amended by 2008 c 222 s 13, renaming the "oral history, state library, and archives account" to the "Washington state legacy project, state library, and archives account."

Chapter 44.80 RCW Legislative Support Services

RCW 44.80.010 Finding—Intent.

The legislature finds that state government should be operated in an efficient and effective manner. It is the intent of the legislature to create the office of legislative support services to make effective and efficient use of the public's resources, improve the delivery and quality of services, standardize practices, and achieve cost savings.

[ 2012 c 113 s 1. ]

NOTES:

Effective date—2012 c 113: "This act takes effect July 1, 2012." [ 2012 c 113 s 8.]

RCW 44.80.020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Director" means the director of the office of legislative support services employed under RCW 44.80.040.

(2) "Legislative agencies" means: The joint legislative audit and review committee, the joint transportation committee, the office of the state actuary, the legislative evaluation and accountability program committee, the office of legislative support services, the *joint legislative systems committee, and the statute law committee.

(3) "Office" means the office of legislative support services.

[ 2012 c 113 s 2. ]

NOTES:

*Reviser's note: RCW 44.68.020, creating the joint legislative systems committee, was repealed by 2020 c 114 s 1.

Effective date—2012 c 113: See note following RCW 44.80.010.

RCW 44.80.030 Administrative and support services.

(1) The office of legislative support services is created to provide administrative and support services to the senate, house of representatives, and legislative agencies. All operations of the office are subject to RCW 44.04.260.

(2) The office shall provide support to the senate, the house of representatives, and legislative agencies for facilities operations, asset management, production services, audiovisual needs, the distribution of information about the legislature and the legislative process to the public, and other administrative or support services of the senate, the house of representatives, and legislative agencies authorized by the secretary of the senate and the chief clerk of the house of representatives.

[ 2012 c 113 s 3. ]

NOTES:

Effective date—2012 c 113: See note following RCW 44.80.010.

RCW 44.80.040 Duties of director.

(1) The secretary of the senate and the chief clerk of the house of representatives, in consultation with the senate facilities and operations committee and the house executive rules committee, shall employ a director of the office. The director serves at the pleasure of the secretary of the senate and the chief clerk of the house of representatives, who shall fix the director's salary.

(2)(a) The director serves as the executive and administrative head of the office.

(b) In accordance with an adopted personnel plan, the director shall employ and fix the compensation for personnel required to carry out the purposes of this chapter.

(c) The director may enter into contracts for: (i) The sale, exchange, or acquisition of equipment, supplies, services, and facilities required to carry out the purposes of this chapter; and (ii) the distribution of legislative information.

[ 2012 c 113 s 4. ]

NOTES:

Effective date—2012 c 113: See note following RCW 44.80.010.

RCW 44.80.050 Expenses—Vouchers.

Subject to RCW 44.04.260, all expenses incurred, including salaries and expenses of employees, shall be paid upon voucher forms as provided and signed by the director. Vouchers may be drawn on funds appropriated by law for the office. The senate and house of representatives may transfer moneys appropriated for legislative expenses to the office.

[ 2012 c 113 s 5. ]

NOTES:

Effective date—2012 c 113: See note following RCW 44.80.010.

Chapter 44.82 RCW Joint Select Committee on Health Care Oversight

RCW 44.82.010 Joint select committee on health care and behavioral health oversight.

(1) The joint select committee on health care and behavioral health oversight is established in statute, continuing the committee created in Engrossed Substitute Senate Concurrent Resolution No. 8401 passed in 2013.

(2) The membership of the joint select committee on health care and behavioral health oversight must consist of the following: (a) The chairs of the health care committees of the senate and the house of representatives, who must serve as cochairs; (b) four additional members of the senate, two each appointed by the leadership of the two largest political parties in the senate; and (c) four additional members of the house of representatives, two each appointed by the leadership of the two largest political parties in the house of representatives. The governor must be invited to appoint, as a liaison to the joint select committee, a person who must be a nonvoting member.

(3) The joint select committee on health care and behavioral health oversight must provide oversight between the health care authority, health benefit exchange, the office of the insurance commissioner, the department of health, and the department of social and health services. The goal must be to ensure that these entities are not duplicating their efforts and are working toward a goal of increased quality of services which will lead to reduced costs to the health care consumer.

(4) The joint select committee on health care and behavioral health oversight must, as necessary, propose legislation to the health care committees and budget recommendations to the ways and means committees of the legislature that aids in their coordination of activities and that leads to better quality and cost savings.

(5) This section expires December 31, 2026.

[ 2023 c 10 s 1. Prior: 2014 c 223 s 3. ]

NOTES:

Finding—2014 c 223: See note following RCW 41.05.690.

Chapter 44.90 RCW Legislative Employee Collective Bargaining

RCW 44.90.010 Intent.

The legislature intends to create the office of state legislative labor relations for the purposes of considering and managing the unique issues raised by legislative collective bargaining. By examining issues set forth in RCW 44.90.030, the office will provide the legislature with a fuller understanding of how the legislature as an employer can best implement legislation for collective bargaining for legislative employees, which would be administered by the public employment relations commission.

[ 2022 c 283 s 1. ]

RCW 44.90.020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, except that neither party may be compelled to negotiate during a legislative session or on committee assembly days, to confer and negotiate in good faith, and to execute a written agreement with respect to the subjects of bargaining specified under RCW 44.90.090. The obligation to bargain does not compel either party to agree to a proposal or to make a concession unless otherwise provided in this chapter.

(2) "Commission" means the legislative commission created in RCW 41.58.100 at the public employment relations commission, until the legislative commission expires on December 31, 2027. After December 31, 2027, "commission" means the public employment relations commission created under RCW 41.58.010(1).

(3) "Confidential employee" means an employee designated by the employer: (a) To assist in a confidential capacity, or serve as counsel to, persons who formulate, determine, and effectuate employer policies with regard to labor relations and personnel matters; or (b) who as part of the employee's job duties has authorized access to information that contributes to the development of, or relates to the effectuation or review of, the employer's collective bargaining policies, strategies, or process; or (c) who assists or aids an employee with managerial authority.

(4) "Director" means the director of the office of state legislative labor relations.

(5)(a) "Employee" means:

(i) Any regular partisan employee of the house of representatives or the senate who is covered by this chapter; and

(ii) Any regular employee who is staff of the:

(A) Office of legislative support services;

(B) Legislative service center;

(C) Office of the code reviser who, during any legislative session, does not work full time on drafting and finalizing legislative bills to be included in the Revised Code of Washington; and

(D) House of representatives and senate administrations.

(b) "Employee" also includes temporary staff hired to perform substantially similar work to that performed by employees included under (a) of this subsection.

(c) All other regular employees and temporary employees, including casual employees, interns, and pages, and employees in the office of program research and senate committee services work groups of the house of representatives and the senate are excluded from the definition of "employee" for the purposes of this chapter.

(6) "Employee organization" means any organization, union, or association in which employees participate and that exists for the purpose, in whole or in part, of collective bargaining with employers.

(7) "Employee with managerial authority" means any employee designated by the employer who, regardless of job title: (a) Directs the staff who work for a legislative chamber, caucus, agency, or subdivision thereof; (b) has substantial responsibility in personnel administration, or the preparation and administration of the employer's budgets; and (c) exercises authority that is not merely routine or clerical in nature and requires the use of independent judgment.

(8) "Employer" means:

(a) The chief clerk of the house of representatives, or the chief clerk's designee, for employees of the house of representatives;

(b) The secretary of the senate, or the secretary's designee, for employees of the senate; and

(c) The chief clerk of the house of representatives and the secretary of the senate, acting jointly, or their designees, for the regular employees who are staff of the office of legislative support services, the legislative service center, and the office of the code reviser.

(9) "Exclusive bargaining representative" means any employee organization that has been certified under this chapter as the representative of the employees in an appropriate bargaining unit.

(10) "Labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.

(11) "Legislative agencies" means the joint legislative audit and review committee, the statute law committee, the legislative ethics board, the legislative evaluation and accountability program committee, the office of the state actuary, the legislative service center, the office of legislative support services, the joint transportation committee, and the redistricting commission.

(12) "Office" means the office of state legislative labor relations.

(13) "Supervisor" means an employee designated by the employer to provide supervision to legislative employees as part of the employee's regular and usual job duties. Supervision includes directing employees, approving and denying leave, and participating in decisions to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, or to adjust employee grievances, when the exercise of the authority is not of a merely routine nature but requires the exercise of individual judgment, regardless of whether such duties are the employee's primary duties and regardless of whether the employee spends a preponderance of the employee's time exercising such duties. However, "supervisor" does not include a legislative assistant to a legislator of the senate or house of representatives.

[ 2024 c 333 s 1; 2022 c 283 s 3. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.025 Application of chapter.

(1) This chapter does not apply to any legislative employee who has managerial authority, is a confidential employee, or who does not meet the definition of employee for the purpose of collective bargaining.

(2) This chapter also does not apply to:

(a) Elected or appointed members of the legislature;

(b) Any person appointed to office under statute, ordinance, or resolution for a specific term of office as a member of a multimember board, commission, or committee;

(c) The deputy secretary of the senate and the deputy chief clerk of the house of representatives;

(d) The senate human resources officer, the human resources director of the house of representatives, and the human resources officers or directors of the legislative support services, legislative service center, and office of the code reviser;

(e) The senate director of accounting and the director of accounting for the house of representatives, and the directors of accounting for the legislative support services, legislative service center, and office of the code reviser;

(f) Caucus chiefs of staff and caucus deputy chiefs of staff;

(g) The speaker's attorney, house counsel, and leadership counsel to the minority caucus of the house of representatives;

(h) The counsels for the senate that provide direct legal advice to the administration of the senate; and

(i) Any employee who provides direct administrative support to the office of the secretary of the senate or chief clerk of the house of representatives, or who conducts accounting, payroll, labor management, collective bargaining, or human resources activities.

[ 2024 c 333 s 2. ]

NOTES:

Effective date—2024 c 333: "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 May 1, 2024." [ 2024 c 333 s 22.]

RCW 44.90.030 Office of state legislative labor relations—Director.

(1) The office of state legislative labor relations is created to assist the house of representatives, the senate, and legislative agencies in implementing and managing the process of collective bargaining for employees of the legislative branch of state government.

(2)(a) Subject to (b) of this subsection, the secretary of the senate and the chief clerk of the house of representatives shall employ a director of the office. The director serves at the pleasure of the secretary of the senate and the chief clerk of the house of representatives, who shall fix the director's salary.

(b) The secretary of the senate and the chief clerk of the house of representatives shall, before employing a director, consult with legislative employees, the senate facilities and operations committee, the house executive rules committee, and the human resources officers of the house of representatives, the senate, and legislative agencies.

(c) The director serves as the executive and administrative head of the office and may employ additional employees to assist in carrying out the duties of the office. The duties of the office include, but are not limited to, establishing bargaining teams and conducting negotiations on behalf of the employer.

[ 2024 c 333 s 3; 2022 c 283 s 2. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.040 Collective bargaining—Negotiations and agreement start dates.

Collective bargaining negotiations under this chapter shall commence no earlier than May 1, 2024. No collective bargaining agreement entered into under this chapter may take effect prior to July 1, 2025.

[ 2022 c 283 s 4. ]

RCW 44.90.045 Commission authority—Interference with the legislature's core function prohibited.

(1) As provided by this chapter, the commission or the court shall determine all questions described by this chapter as under the commission's authority. However, such authority may not result in an order or rule that intrudes upon or interferes with the legislature's core function of efficient and effective law making or the essential operation of the legislature, including that an order or rule may not:

(a) Modify any matter relating to the qualifications and elections of members of the legislature, or the holding of office of members of the legislature;

(b) Modify any matter relating to the legislature or each house thereof choosing its officers, adopting rules for its proceedings, selecting committees necessary for the conduct of business, considering or enacting legislation, or otherwise exercising the legislative power of this state;

(c) Modify any matter relating to legislative calendars, schedules, and deadlines of the legislature; or

(d) Modify laws, rules, policies, or procedures regarding ethics or conflicts of interest.

(2) No member of the legislature may be compelled by subpoena or other means to attend a proceeding related to matters covered by this chapter during a legislative session, committee assembly days, or for 15 days before commencement of each session.

[ 2024 c 333 s 4. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.050 Legislative employees—Collective bargaining—Exclusive bargaining representative—Rules.

(1) Except as may be specifically limited by this chapter, legislative employees shall have the right to self-organization, to form, join, or assist employee organizations, and to bargain collectively through representatives of their own choosing for the purpose of collective bargaining free from interference, restraint, or coercion. Legislative employees shall also have the right to refrain from any or all such activities.

(2) Except as may be specifically limited by this chapter, the commission shall determine all questions pertaining to ascertaining exclusive bargaining representatives for legislative employees and collectively bargaining under this chapter. However, no employee organization shall be recognized or certified as the exclusive bargaining representative of a bargaining unit of employees of the legislative branch unless it receives the votes of a majority of employees in the petitioned for bargaining unit voting in a secret election administered by the commission. The commission's process must allow for an employee, group of employees, employee organizations, employer, or their agents to have the right to petition on any question concerning representation.

(3) The commission must adopt rules that provide for at least the following:

(a) Secret balloting;

(b) Consulting with employee organizations;

(c) Access to lists of employees, job titles, work locations, and home mailing addresses;

(d) Absentee voting;

(e) Procedures for the greatest possible participation in voting;

(f) Campaigning on the employer's property during working hours; and

(g) Election observers.

(4)(a) If an employee organization has been certified as the exclusive bargaining representative of the employees of multiple bargaining units, the employee organization may act for and negotiate a master collective bargaining agreement that includes within the coverage of the agreement all covered employees in the bargaining units.

(b) If a master collective bargaining agreement is in effect for the newly certified exclusive bargaining representative, it applies to the bargaining unit for which the new certification has been issued. Nothing in this subsection (4)(b) requires the parties to engage in new negotiations during the term of that agreement.

(5) The certified exclusive bargaining representative is responsible for representing the interests of all the employees in the bargaining unit. This section may not be construed to limit an exclusive bargaining representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.

(6) No question concerning representation may be raised if:

(a) Fewer than 12 months have elapsed since the last certification or election; or

(b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than 120 calendar days nor less than 90 calendar days before the expiration of the contract.

[ 2024 c 333 s 5; 2022 c 283 s 5. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.052 Commission to determine units appropriate for certification—Limitations—Consolidation.

(1) The commission, after hearing upon reasonable notice to all interested parties, shall decide, in each application for certification as an exclusive bargaining representative, the unit appropriate for certification. In determining the new units or modifications of existing units, the commission must consider: The duties, skills, and working conditions of the employees; the history of collective bargaining; the extent of organization among the employees; the desires of the employees; and the avoidance of excessive fragmentation. However, a unit is not appropriate if it includes:

(a) Both supervisors and nonsupervisory employees. A unit that includes only supervisors may be considered appropriate if a majority of the supervisory employees indicates by vote that they desire to be included in such a unit;

(b) Both house of representatives and senate employees;

(c) Both partisan and nonpartisan employees;

(d) Employees of the majority party caucus and the minority party caucus, unless a majority of the employees of each caucus indicate by vote that they desire to be included together in the same unit; or

(e) Employees of the legislative service center, office of legislative support services, and the office of the code reviser, in any combination with each other or in any combination with employees of the house of representatives or employees of the senate.

(2) If a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate. If consolidation is appropriate, the commission shall certify the employee organization as the exclusive bargaining representative of the new unit.

[ 2024 c 333 s 6. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.054 Collective bargaining agreements—Grievance procedure—Applicability of RCW 41.56.067—Effective dates—Certain payroll deductions prohibited.

(1) The parties to a collective bargaining agreement must reduce the agreement to writing and both execute it.

(2) Except as provided in this chapter, a collective bargaining agreement must contain provisions that provide for a grievance procedure of all disputes arising over the interpretation or application of the collective bargaining agreement and that is valid and enforceable under its terms when entered into in accordance with this chapter.

(3) RCW 41.56.067 applies to this chapter.

(4)(a) If a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and an employee organization representing the same bargaining units, the effective date of the collective bargaining agreement may be the day after the termination of the previous collective bargaining agreement, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.

(b) If a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and the exclusive bargaining representative representing different bargaining units, the effective date of the collective bargaining agreement may be the day after the termination date of whichever previous collective bargaining agreement covering one or more of the units terminated first, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.

(5) The employer and the exclusive bargaining representative of a bargaining unit of legislative employees may not enter into a collective bargaining agreement that requires the employer to deduct, from the salary or wages of an employee, contributions for payments for political action committees sponsored by employee organizations with legislative employees as members.

[ 2024 c 333 s 7. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.056 Enforcement of collective bargaining agreements—Arbitrator authority, duties—Superior court of Thurston county jurisdiction.

(1) If the parties to a collective bargaining agreement negotiated under this chapter agree to final and binding arbitration under grievance procedures allowed by RCW 44.90.054, the parties may agree on one or more permanent umpires to serve as arbitrator, or may agree on any impartial person to serve as arbitrator, or may agree to select arbitrators from any source available to them, including federal and private agencies, in addition to the staff and list of arbitrators maintained by the commission. If the parties cannot agree to the selection of an arbitrator, the commission must supply a list of names in accordance with the procedures established by the commission.

(2) The authority of an arbitrator shall be subject to the limits and restrictions specified under RCW 44.90.045.

(3) Except as limited by this chapter, an arbitrator may require any person to attend as a witness and to bring with them any book, record, document, or other evidence. The fees for such attendance must be paid by the party requesting issuance of the subpoena and must be the same as the fees of witnesses in the superior court. Arbitrators may administer oaths. Subpoenas must issue and be signed by the arbitrator and must be served in the same manner as subpoenas to testify before a court of record in this state. If any person so summoned to testify refuses or neglects to obey such subpoena, upon petition authorized by the arbitrator, the superior court may compel the attendance of the person before the arbitrator or punish the person for contempt in the same manner provided for the attendance of witnesses or the punishment of them in the courts of this state.

(4) Except as limited by this chapter, the arbitrator shall appoint a time and place for the hearing and notify the parties thereof, and may adjourn the hearing from time to time as may be necessary, and, on application of either party and for good cause, may postpone the hearing to a time not extending beyond the date fixed by the collective bargaining agreement for making the award. The arbitration award must be in writing and signed by the arbitrator. The arbitrator must, promptly upon its rendition, serve a true copy of the award on each of the parties or their attorneys of record.

(5) If a party to a collective bargaining agreement negotiated under this chapter that includes final and binding arbitration refuses to submit a grievance for arbitration, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court of Thurston county and the court shall have jurisdiction to issue an order compelling arbitration. Disputes concerning compliance with grievance procedures shall be reserved for determination by the arbitrator. Arbitration shall be ordered if the grievance states a claim that on its face is covered by the collective bargaining agreement. Doubts as to the coverage of the arbitration clause shall be resolved in favor of arbitration.

(6) If a party to a collective bargaining agreement negotiated under this chapter that includes final and binding arbitration refuses to comply with the award of an arbitrator determining a grievance arising under the collective bargaining agreement, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court of Thurston county and the court shall have jurisdiction to issue an order enforcing the arbitration award.

[ 2024 c 333 s 15. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.060 Right to strike not granted.

Nothing contained in this chapter permits or grants to any legislative employee the right to strike, participate in a work stoppage, or refuse to perform their official duties.

[ 2024 c 333 s 8; 2022 c 283 s 6. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.070 Negotiation and ratification of collective bargaining agreements—Modification of agreements.

(1) Collective bargaining negotiations under this chapter must commence no later than July 1st of each even-numbered year after a bargaining unit has been certified.

(2) The duration of any collective bargaining agreement shall not exceed one fiscal biennium.

(3)(a)(i) The director must submit ratified collective bargaining agreements, with cost estimates, to the employer by October 1st before the legislative session at which the request for funds is to be considered. The transmission by the legislature to the governor under RCW 43.88.090 must include a request for funds necessary to implement the provisions of all collective bargaining agreements covering legislative employees.

(ii) For the 2025-2027 fiscal biennium, the legislature may approve funding for collective bargaining agreements with the Washington public employees association on behalf of legislative staff that ratified after October 1, 2024, and before December 31, 2024. Subsequent agreements must be submitted to the employer by October 1st before the legislative session at which the request for funds is to be considered in order to be included in the omnibus operating appropriations act.

(b) If the legislature or governor fails to provide the funds for a collective bargaining agreement for legislative employees, either party may reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 44.90.075.

(4) Negotiation for economic terms will be by a coalition of all exclusive bargaining representatives. Any such provisions agreed to by the employer and the coalition must be included in all collective bargaining agreements negotiated by the parties. The director and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of bargaining unit specific issues for inclusion in the collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining. This subsection does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.

(5) If a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties must immediately enter into collective bargaining for a mutually agreed-upon modification of the agreement.

[ 2025 c 424 s 961; 2024 c 333 s 9; 2022 c 283 s 7. ]

NOTES:

Effective date—2025 c 424: See note following RCW 9.46.100.

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.075 Failure to reach agreement—Third party involvement—Expiration of agreements during negotiation.

(1) Should the parties fail to reach agreement in negotiating a collective bargaining agreement, either party may request of the commission the assistance of an impartial third party to mediate the negotiations. If a collective bargaining agreement previously negotiated under this chapter expires while negotiations are underway, the terms and conditions specified in the collective bargaining agreement remain in effect for a period not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.

(2) Nothing in this section may be construed to prohibit an employer and an exclusive bargaining representative from agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that provided in this section or from agreeing to utilize for the purposes of this section any other governmental or other agency or person in lieu of the commission.

(3) The commission shall bear costs for mediator services.

[ 2024 c 333 s 10. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.080 Unfair labor practices.

(1) It is an unfair labor practice for an employer in the legislative branch of state government:

(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this chapter;

(b) To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED, That subject to rules adopted by the commission, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;

(c) To encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment;

(d) To discharge or discriminate otherwise against an employee because that employee has filed charges or given testimony under this chapter;

(e) To refuse to bargain collectively with the exclusive bargaining representatives of its employees.

(2) Notwithstanding any other law, the expression of any views, arguments, or opinions, or the dissemination thereof in any form, by a member of the legislature related to this chapter or matters within the scope of representation, shall not constitute, or be evidence of, an unfair labor practice unless the employer has authorized the member to express that view, argument, or opinion on behalf of the employer or as an employer.

(3) It is an unfair labor practice for an employee organization:

(a) To restrain or coerce an employee in the exercise of the rights guaranteed by this chapter: PROVIDED, That this subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization or to an employer in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;

(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section;

(c) To discriminate against an employee because that employee has filed charges or given testimony under this chapter;

(d) To refuse to bargain collectively with an employer.

(4) The expressing of any views, arguments, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.

[ 2024 c 333 s 11; 2022 c 283 s 8. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.085 Unfair labor practice procedures—Powers and duties of commission.

(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. However, a complaint may not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission or in Thurston county superior court. This power may not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law.

(2) Except as may be specifically limited by this chapter, if the commission or court determines that any person has engaged in or is engaging in an unfair labor practice, the commission or court shall issue and cause to be served upon the person an order requiring the person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages.

(3) The commission may petition the Thurston county superior court for the enforcement of its order and for appropriate temporary relief.

[ 2024 c 333 s 12. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.090 Scope of bargaining.

(1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.

(2) The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights established by constitutional provision or statute, shall include, but not be limited to, the following:

(a) Any item listed in RCW 44.90.045(1);

(b) The functions and programs of the employer, the use of technology, and the structure of the organization, including the size and composition of standing committees;

(c) The employer's budget and the size of the employer's workforce, including determining the financial basis for layoffs;

(d) The right to direct and supervise employees;

(e) The hours of work during legislative session and committee assembly days, and the hours of work during the 60 calendar days before the first day of legislative session and during the 20 calendar days after the last day of legislative session. This subsection (2)(e) does not prohibit bargaining over hours of work during any other period and bargaining over compensation for hours of work in excess of a 40-hour workweek, except that bargaining over hours of work during periods not otherwise prohibited and compensation for hours worked in excess of a 40-hour workweek may only occur for agreements that take effect after July 1, 2027;

(f) The cutoff calendar for a legislative session;

(g) The employer's authority to: (i) Lay off employees when there has been a change to the number of members in, or the makeup of, a caucus due to an election or appointment that necessitates a change in the number of staff; (ii) lay off an employee following an election, appointment, or resignation of a legislator; and (iii) terminate an employee for engaging in partisan activities that are incompatible with the employee's job duties or position;

(h) Health care benefits and other employee insurance benefits. The amount paid by a legislative employee for health care premiums must be the same as that paid by a represented state employee covered by RCW 41.80.020(3);

(i) The right to take whatever actions are deemed necessary to carry out the mission of the legislature and its agencies during emergencies; and

(j) Retirement plans and retirement benefits.

(3) Except for an applicable code of conduct policy adopted by a chamber of the legislature or a legislative agency, if a conflict exists between policies adopted by the legislature relating to wages, hours, and terms and conditions of employment and a provision of a collective bargaining agreement negotiated under this chapter, the collective bargaining agreement shall prevail. A provision of a collective bargaining agreement that conflicts with a statute or an applicable term of a code of conduct policy adopted by a chamber of the legislature or a legislative agency is invalid and unenforceable.

[ 2024 c 333 s 13; 2022 c 283 s 9. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.100 Employee authorization of membership dues—Revocation.

(1) Upon authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.

(2)(a) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer must, as soon as practicable, forward the request to the exclusive bargaining representative.

(b) Upon receiving notice of the employee's authorization, the employer must deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.

(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.

(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.

(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer must end the deduction no later than the second payroll after receipt of the confirmation.

(f) The employer must rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.

[ 2024 c 333 s 14. ]

NOTES:

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.110 Activities exempt from certain ethics in public service provisions.

(1) The following activities conducted by or on behalf of legislative employees related to collective bargaining under this chapter are exempt from the restrictions contained in RCW 42.52.020 and 42.52.160:

(a) Using paid time and public resources by an employee to negotiate or administer a collective bargaining agreement under this chapter when the employee is assigned to negotiate or administer the collective bargaining agreement and the use of paid time and public resources does not include state purchased supplies or equipment, does not interfere with or distract from the conduct of state business, and is consistent with the employer's policy on the use of paid time;

(b) Lobbying conducted by an employee organization, lobbyist, association, or third party on behalf of legislative employees concerning legislation that directly impacts legislative workplace conditions;

(c) Communication with a prospective employee organization during nonwork hours and without the use of public resources; or

(d) Conducting the day-to-day work of organizing and representing legislative employees in the workplace while serving in a legislative employee organization leadership position.

(2)(a) Nothing in this section affects the application of the prohibition against the use of special privileges under RCW 42.52.070, confidentiality requirements under RCW 42.52.050, or other applicable provisions of chapter 42.52 RCW to legislative employees.

(b) Nothing in this section permits any direct lobbying by a legislative employee.

(3) As used in this section, "lobby" and "lobbyist" have the meanings provided in *RCW 42.17A.005.

[ 2024 c 333 s 19. ]

NOTES:

*Reviser's note: RCW 42.17A.005 was repealed by 2024 c 164 s 257, effective January 1, 2026. For later enactment, see RCW 29B.10.350 and 29B.10.360.

Effective date—2024 c 333: See note following RCW 44.90.025.

RCW 44.90.900 Effective date—2022 c 283 ss 3-9.

Sections 3 through 9 of this act take effect May 1, 2024.

[ 2022 c 283 s 11. ]

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