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Chapter 43.17 RCW

ADMINISTRATIVE DEPARTMENTS AND AGENCIES — GENERAL PROVISIONS

RCW Sections

43.17.010Departments created.
43.17.020Chief executive officers -- Appointment.
43.17.030Powers and duties -- Oath.
43.17.040Chief assistant director -- Powers.
43.17.050Office at capital -- Branch offices.
43.17.060Departmental rules and regulations.
43.17.070Administrative committees.
43.17.095Option to submit document, form, or payment electronically -- Requirements.
43.17.100Surety bonds for appointive state officers and employees.
43.17.110Data, information, interdepartmental assistance.
43.17.120Designation of agency to carry out federal social security disability program.
43.17.130Designation of agency to carry out federal social security disability program -- Appointment of personnel.
43.17.150Receipt of property or money from United States attorney general -- Use, expenditure -- Deposit.
43.17.200Allocation of moneys for acquisition of works of art -- Expenditure by arts commission -- Conditions.
43.17.205Purchase of works of art -- Interagency reimbursement for expenditure by visual arts program.
43.17.210Purchase of works of art -- Procedure.
43.17.230Emergency information telephone services -- Accessibility from all phones required -- Charges.
43.17.240Debts owed to the state -- Interest rate.
43.17.250Countywide planning policy.
43.17.310Businesses -- Rules coordinator to provide list of rules.
43.17.320Interagency disputes -- Alternative dispute resolution -- Definitions.
43.17.330Interagency disputes -- Alternative dispute resolution -- Methods.
43.17.340Interagency disputes -- Alternative dispute resolution -- Exception.
43.17.350Health-related state agencies -- Professional health services -- Fee schedules.
43.17.360Lease of real property -- Term of a lease -- Use of proceeds--Retroactive application.
43.17.370Prerelease copy of report or study to local government.
43.17.380Quality management, accountability, and performance system -- Definitions.
43.17.385Quality management, accountability, and performance system.
43.17.390Quality management, accountability, and performance system -- Independent assessment.
43.17.400Disposition of state-owned land -- Definitions -- Notice.

Notes:

Collection agency use by state: RCW 19.16.500.

Debts owed to state, interest rate: RCW 43.17.240.

Facilitating recovery from Mt. St. Helens eruption -- Scope of state agency action: RCW 43.01.210.



43.17.010
Departments created.

There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of enterprise services, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of early learning, and (18) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

[2011 1st sp.s. c 43 § 107; 2009 c 565 § 25; 2007 c 341 § 46; 2006 c 265 § 111; 2005 c 333 § 10. Prior: 1993 sp.s. c 2 § 16; 1993 c 472 § 17; 1993 c 280 § 18; 1989 1st ex.s. c 9 § 810; 1987 c 506 § 2; 1985 c 466 § 47; 1984 c 125 § 12; 1981 c 136 § 61; 1979 c 10 § 1; prior: 1977 ex.s. c 334 § 5; 1977 ex.s. c 151 § 20; 1977 c 7 § 1; prior: 1975-'76 2nd ex.s. c 115 § 19; 1975-'76 2nd ex.s. c 105 § 24; 1971 c 11 § 1; prior: 1970 ex.s. c 62 § 28; 1970 ex.s. c 18 § 50; 1969 c 32 § 1; prior: 1967 ex.s. c 26 § 12; 1967 c 242 § 12; 1965 c 156 § 20; 1965 c 8 § 43.17.010; prior: 1957 c 215 § 19; 1955 c 285 § 2; 1953 c 174 § 1; prior: (i) 1937 c 111 § 1, part; RRS § 10760-2, part. (ii) 1935 c 176 § 1; 1933 c 3 § 1; 1929 c 115 § 1; 1921 c 7 § 2; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part. (iv) 1947 c 114 § 5; Rem. Supp. 1947 § 10786-10c.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Severability -- Effective date -- 2007 c 341: See RCW 90.71.906 and 90.71.907.

     Part headings not law -- Effective date -- Severability -- 2006 c 265: See RCW 43.215.904 through 43.215.906.

     Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.

     Severability -- 1993 sp.s. c 2: See RCW 43.300.901.

     Effective date -- Implementation -- 1993 c 472: See RCW 43.320.900 and 43.320.901.

     Effective date -- Severability -- 1993 c 280: See RCW 43.330.902 and 43.330.903.

     Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

     Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.

     Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.005.

     Severability -- Headings -- Effective date -- 1984 c 125: See RCW 43.63A.901 through 43.63A.903.

     Effective date -- 1981 c 136: See RCW 72.09.900.

     Effective date -- 1977 ex.s. c 334: See note following RCW 46.01.011.

     Federal requirements -- Severability -- 1977 ex.s. c 151: See RCW 47.98.070 and 47.98.080.

     Severability -- 1975-'76 2nd ex.s. c 105: See note following RCW 41.04.270.

     Effective date -- Severability -- 1970 ex.s. c 18: See notes following RCW 43.20A.010.

Department of
   agriculture: Chapter 43.23 RCW.
   archaeology and historic preservation: Chapter 43.334 RCW.
   commerce: Chapter 43.330 RCW.
   corrections: Chapter 72.09 RCW.
   early learning: Chapter 43.215 RCW.
   ecology: Chapter 43.21A RCW.
   employment security: Chapter 50.08 RCW.
   enterprise services: Chapter 43.19 RCW.
   financial institutions: Chapter 43.320 RCW.
   fish and wildlife: Chapters 43.300 and 77.04 RCW.
   health: Chapter 43.70 RCW.
   labor and industries: Chapter 43.22 RCW.
   licensing: Chapters 43.24, 46.01 RCW.
   natural resources: Chapter 43.30 RCW.
   personnel: Chapter 41.06 RCW.
   retirement systems: Chapter 41.50 RCW.
   revenue: Chapter 82.01 RCW.
   services for the blind: Chapter 74.18 RCW.
   social and health services: Chapter 43.20A RCW.
   transportation: Chapter 47.01 RCW.
   veterans affairs: Chapter 43.60A RCW.




43.17.020
Chief executive officers — Appointment.

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of enterprise services, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, and (18) the executive director of the Puget Sound partnership.

     Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW
77.04.055.

[2011 1st sp.s. c 43 § 108; 2009 c 565 § 26; 2007 c 341 § 47; 2006 c 265 § 112. Prior: 2005 c 333 § 11; 2005 c 319 § 2; 1995 1st sp.s. c 2 § 2 (Referendum Bill No. 45, approved November 7, 1995); prior: 1993 sp.s. c 2 § 17; 1993 c 472 § 18; 1993 c 280 § 19; 1989 1st ex.s. c 9 § 811; 1987 c 506 § 3; 1985 c 466 § 48; 1984 c 125 § 13; 1981 c 136 § 62; 1979 c 10 § 2; prior: 1977 ex.s. c 334 § 6; 1977 ex.s. c 151 § 21; 1977 c 7 § 2; prior: 1975-'76 2nd ex.s. c 115 § 20; 1975-'76 2nd ex.s. c 105 § 25; 1971 c 11 § 2; prior: 1970 ex.s. c 62 § 29; 1970 ex.s. c 18 § 51; 1969 c 32 § 2; prior: 1967 ex.s. c 26 § 13; 1967 c 242 § 13; 1965 c 156 § 21; 1965 c 8 § 43.17.020; prior: 1957 c 215 § 20; 1955 c 285 § 3; 1953 c 174 § 2; prior: (i) 1935 c 176 § 2; 1933 c 3 § 2; 1929 c 115 § 2; 1921 c 7 § 3; RRS § 10761. (ii) 1937 c 111 § 1, part; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Severability -- Effective date -- 2007 c 341: See RCW 90.71.906 and 90.71.907.

     Part headings not law -- Effective date -- Severability -- 2006 c 265: See RCW 43.215.904 through 43.215.906.

     Findings -- Intent -- 2005 c 319: "The legislature finds that it is in the interest of the state to restructure the roles and responsibilities of the state's transportation agencies in order to improve efficiency and accountability. The legislature also finds that continued citizen oversight of the state's transportation system remains an important priority. To achieve these purposes, the legislature intends to provide direct accountability of the department of transportation to the governor, in his or her role as chief executive officer of state government, by making the secretary of transportation a cabinet-level official. Additionally, it is essential to clearly delineate between the separate and distinct roles and responsibilities of the executive and legislative branches of government. The role of executive is to oversee the implementation of transportation programs, while the legislature reserves to itself the role of policymaking. Finally, consolidating public outreach and auditing of the state's transportation agencies under a single citizen-governed entity, the transportation commission, will provide the public with information about the performance of the transportation system and an avenue for direct participation in its oversight." [2005 c 319 § 1.]

     Part headings -- 2005 c 319: "Part headings used in this act are no part of the law." [2005 c 319 § 142.]

     Effective dates -- 2005 c 319: "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, 2005, except for section 103 of this act which takes effect July 1, 2006." [2005 c 319 § 145.]

     Effective date -- 1995 1st sp.s. c 2: "Sections 2 through 43 of this act shall take effect July 1, 1996." [1995 1st sp.s. c 2 § 45.]

     Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013.

     Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.

     Severability -- 1993 sp.s. c 2: See RCW 43.300.901.

     Effective date -- Implementation -- 1993 c 472: See RCW 43.320.900 and 43.320.901.

     Effective date -- Severability -- 1993 c 280: See RCW 43.330.902 and 43.330.903.

     Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

     Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.

     Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.125.

     Severability -- Headings -- Effective date -- 1984 c 125: See RCW 43.63A.901 through 43.63A.903.

     Effective date -- 1981 c 136: See RCW 72.09.900.

     Effective date -- 1977 ex.s. c 334: See note following RCW 46.01.011.

     Federal requirements -- Severability -- 1977 ex.s. c 151: See RCW 47.98.070 and 47.98.080.

     Severability -- 1975-'76 2nd ex.s. c 105: See note following RCW 41.04.270.

     Effective date -- Severability -- 1970 ex.s. c 18: See notes following RCW 43.20A.010.




43.17.030
Powers and duties — Oath.

The directors of the several departments shall exercise such powers and perform such executive and administrative duties as are provided by law.

     Each appointive officer before entering upon the duties of his or her office shall take and subscribe the oath of office prescribed by law for elective state officers, and file the same in the office of the secretary of state.

[2009 c 549 § 5058; 1965 c 8 § 43.17.030. Prior: 1921 c 7 § 18; RRS § 10776.]

Notes:

Oaths of elective state officers: RCW 43.01.020.



43.17.040
Chief assistant director — Powers.

The director of each department may, from time to time, designate and deputize one of the assistant directors of his or her department to act as the chief assistant director, who shall have charge and general supervision of the department in the absence or disability of the director, and who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director.

[2009 c 549 § 5059; 1965 c 8 § 43.17.040. Prior: 1921 c 7 § 118; RRS § 10876.]




43.17.050
Office at capital — Branch offices.

Each department shall maintain its principal office at the state capital. The director of each department may, with the approval of the governor, establish and maintain branch offices at other places than the state capital for the conduct of one or more of the functions of his or her department.

     The governor, in his or her discretion, may require all administrative departments of the state and the appointive officers thereof, other than those created by this chapter, to maintain their principal offices at the state capital in rooms to be furnished by the *director of general administration.

[2009 c 549 § 5060; 1965 c 8 § 43.17.050. Prior: (i) 1921 c 7 § 20; RRS § 10778. (ii) 1921 c 7 § 134; RRS § 10892.]

Notes:

     *Reviser's note: The "director of general administration" was renamed the "director of enterprise services" by 2011 1st sp.s. c 43 § 108.

Departments to share occupancy -- Capital projects surcharge: RCW 43.01.090.

Housing for state offices, departments, and institutions: Chapter 43.82 RCW.




43.17.060
Departmental rules and regulations.

The director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.

[2009 c 549 § 5061; 1965 c 8 § 43.17.060. Prior: 1921 c 7 § 19; RRS § 10777.]




43.17.070
Administrative committees.

There shall be administrative committees of the state government, which shall be known as: (1) The state finance committee and (2) the state capitol committee.

[1982 c 40 § 8; 1965 c 8 § 43.17.070. Prior: 1929 c 115 § 3; 1921 c 7 § 4; RRS § 10762.]

Notes:

     Severability -- 1982 c 40: See note following RCW 29A.12.020.

State capitol committee: Chapter 43.34 RCW.

State finance committee: Chapter 43.33 RCW.




43.17.095
Option to submit document, form, or payment electronically — Requirements.

(1) In any instance where a state agency requires that a business submit a document, form, or payment of a fee in paper format, the state agency must provide the business an option to submit such requirement electronically.

     (2) A business may authorize a second party to meet the requirements imposed by a state agency under subsection (1) of this section on its behalf.

     (3) The director of a state agency or the director's designee may exempt a document, form, or payment of a fee from the requirements of this section if:

     (a)(i) There is a legal requirement for such materials to be submitted in paper format; or

     (ii) It is not technically or fiscally feasible or practical, or in the best interest of businesses for such materials to be submitted electronically; and

     (b) Within existing resources, the director or the director's designee establishes and maintains a process to notify the public regarding such exemptions.

     (4) Agencies must add the capability to submit existing documents, forms, and fees electronically as part of their normal operations. New documents, forms, and fees required of a business must be capable of electronic submission within a reasonable time following either their creation or the implementation of the new requirement.

     (5) Agencies must document how they plan to transition from paper to electronic forms.

[2012 c 127 § 1.]




43.17.100
Surety bonds for appointive state officers and employees.

Every appointive state officer and employee of the state shall give a surety bond, payable to the state in such sum as shall be deemed necessary by the director of the *department of general administration, conditioned for the honesty of the officer or employee and for the accounting of all property of the state that shall come into his or her possession by virtue of his or her office or employment, which bond shall be approved as to form by the attorney general and shall be filed in the office of the secretary of state.

     The *director of general administration may purchase one or more blanket surety bonds for the coverage required in this section.

     Any bond required by this section shall not be considered an official bond and shall not be subject to chapter
42.08 RCW.

[2009 c 549 § 5062; 1977 ex.s. c 270 § 7; 1975 c 40 § 6; 1965 c 8 § 43.17.100. Prior: 1921 c 7 § 16; RRS § 10774.]

Notes:

     *Reviser's note: The "department of general administration" and the "director of general administration" were renamed the "department of enterprise services" and the "director of enterprise services" by 2011 1st sp.s. c 43.

     Construction -- 1977 ex.s. c 270: See RCW 43.41.901.

Official bonds: Chapter 42.08 RCW.

Powers and duties of director of enterprise services as to official bonds: RCW 43.19.784.




43.17.110
Data, information, interdepartmental assistance.

Where power is vested in a department or officer to inspect, examine, secure data or information from, or procure assistance from, another department or officer, such other department or officer shall submit to such inspection or examination, and furnish the data, information, or assistance required.

[1965 c 8 § 43.17.110. Prior: 1921 c 7 § 128; RRS § 10886.]




43.17.120
Designation of agency to carry out federal social security disability program.

Such state agency as the governor may designate is hereby authorized to enter into an agreement on behalf of the state with the Secretary of Health, Education and Welfare to carry out the provisions of the federal social security act, as amended, relating to the making of determinations of disability under title II of such act.

[1965 c 8 § 43.17.120. Prior: 1955 c 200 § 1. Formerly RCW 74.44.010.]

Notes:

Federal social security for public employees: Chapters 41.33, 41.41, 41.47, and 41.48 RCW.



43.17.130
Designation of agency to carry out federal social security disability program — Appointment of personnel.

The state agency entering into such agreement shall appoint such professional personnel and other assistants and employees as may be reasonably necessary to carry out the provisions of RCW 43.17.120 and 43.17.130.

[1965 c 8 § 43.17.130. Prior: 1955 c 200 § 2. Formerly RCW 74.44.020.]




43.17.150
Receipt of property or money from United States attorney general — Use, expenditure — Deposit.

(1) Each state agency is authorized to receive property or money made available by the attorney general of the United States under section 881(e) of Title 21 of the United States Code and, except as required to the contrary under subsection (2) of this section, to use the property or spend the money for such purposes as are permitted under both federal law and the state law specifying the powers and duties of the agency.

     (2) Unless precluded by federal law, all funds received by a state agency under section 881(e) of Title 21 of the United States Code shall be promptly deposited into the state general fund.

[2009 c 479 § 27; 1986 c 246 § 1.]

Notes:

     Effective date -- 2009 c 479: See note following RCW 2.56.030.




43.17.200
Allocation of moneys for acquisition of works of art — Expenditure by arts commission — Conditions.

All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art, the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses or other buildings of a temporary nature.

[2005 c 36 § 4; 1983 c 204 § 4; 1974 ex.s. c 176 § 2.]

Notes:

     Severability -- 1983 c 204: See note following RCW 43.46.090.

Acquisition of works of art for public buildings and lands -- Visual arts program established: RCW 43.46.090.

Purchase of works of art
   interagency reimbursement for expenditure by visual arts program: RCW 43.17.205.
   procedure: RCW 43.19.455.

State art collection: RCW 43.46.095.




43.17.205
Purchase of works of art — Interagency reimbursement for expenditure by visual arts program.

The funds allocated under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount or proportionate amount of the moneys under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission thirty days after the sale of a bond or bonds.

[1990 c 33 § 574; 1983 c 204 § 3.]

Notes:

     Purpose -- Statutory references -- Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102.

     Severability -- 1983 c 204: See note following RCW 43.46.090.




43.17.210
Purchase of works of art — Procedure.

The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455, 28A.335.210, or 28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies.

[2005 c 36 § 5; 1990 c 33 § 575; 1983 c 204 § 5.]

Notes:

     Purpose -- Statutory references -- Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102.

     Severability -- 1983 c 204: See note following RCW 43.46.090.




43.17.230
Emergency information telephone services — Accessibility from all phones required — Charges.

(1) The legislature finds that when the state provides emergency information by telephone to citizens that is of a critical nature, such as road or weather hazards, the information should be accessible from all residential, commercial, and coin-operated telephones. Information such as road and weather conditions should be available to all persons traveling within the state whether they own a telephone in this state or not.

     (2) If an agency or department of the state makes emergency information services available by telephone, the agency or department shall ensure that the telephone line is accessible from all coin-operated telephones in this state by both the use of coins and the use of a telephone credit card.

     (3) A state agency that provides an emergency information service by telephone may establish charges to recover the cost of those services. However, an agency charging for the service shall not price it at a profit to create excess revenue for the agency. The agency shall do a total cost-benefit analysis of the available methods of providing the service and shall adopt the method that provides the service at the lowest cost to the user and the agency.

     (4) "Emergency information services," as used in this section, includes information on road and weather conditions.

[1986 c 45 § 1.]




43.17.240
Debts owed to the state — Interest rate.

Interest at the rate of one percent per month, or fraction thereof, shall accrue on debts owed to the state, starting on the date the debts become past due. This section does not apply to: (1) Any instance where such interest rate would conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other governmental units. The office of financial management may adopt rules specifying circumstances under which state agencies may waive interest, such as when assessment or collection of interest would not be cost-effective. This section does not affect any authority of the state to charge or collect interest under any other law on a debt owed to the state by a governmental unit. This section applies only to debts which become due on or after July 28, 1991.

[1991 c 85 § 2.]

Notes:

Collection agency use by state: RCW 19.16.500.



43.17.250
Countywide planning policy.

(1) Whenever a state agency is considering awarding grants or loans for a county, city, or town planning under RCW 36.70A.040 to finance public facilities, it shall consider whether the county, city, or town requesting the grant or loan has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.

     (2) If a comprehensive plan, development regulation, or amendment thereto adopted by a county, city, or town has been appealed to the growth management hearings board under RCW 36.70A.280, the county, city, or town may not be determined to be ineligible or otherwise penalized in the acceptance of applications or the awarding of state agency grants or loans during the pendency of the appeal before the board or subsequent judicial appeals. This subsection (2) applies only to counties, cities, and towns that have: (a) Delayed the initial effective date of the action subject to the petition before the board until after the board issues a final determination; or (b) within thirty days of receiving notice of a petition for review by the board, delayed or suspended the effective date of the action subject to the petition before the board until after the board issues a final determination.

     (3) When reviewing competing requests from counties, cities, or towns planning under RCW 36.70A.040, a state agency considering awarding grants or loans for public facilities shall accord additional preference to those counties, cities, or towns that have adopted a comprehensive plan and development regulations as required by RCW 36.70A.040. For the purposes of the preference accorded in this section, a county, city, or town planning under RCW 36.70A.040 is deemed to have satisfied the requirements for adopting a comprehensive plan and development regulations specified in RCW 36.70A.040 if the county, city, or town:

     (a) Adopts or has adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040;

     (b) Adopts or has adopted a comprehensive plan and development regulations before the state agency makes a decision regarding award recipients of the grants or loans if the county, city, or town failed to adopt a comprehensive plan and/or development regulations within the time periods specified in RCW 36.70A.040; or

     (c) Demonstrates substantial progress toward adopting a comprehensive plan or development regulations within the time periods specified in RCW 36.70A.040. A county, city, or town that is more than six months out of compliance with the time periods specified in RCW 36.70A.040 shall not be deemed to demonstrate substantial progress for purposes of this section.

     (4) The preference specified in subsection (3) of this section applies only to competing requests for grants or loans from counties, cities, or towns planning under RCW 36.70A.040. A request from a county, city, or town planning under RCW 36.70A.040 shall be accorded no additional preference based on subsection (3) of this section over a request from a county, city, or town not planning under RCW 36.70A.040.

     (5) Whenever a state agency is considering awarding grants or loans for public facilities to a special district requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040 and shall apply the standards in subsection (2) of this section and the preference specified in subsection (3) of this section and restricted in subsection (4) of this section.

[2013 c 275 § 2; 1999 c 164 § 601; 1991 sp.s. c 32 § 25.]

Notes:

     Findings -- Intent -- Part headings and subheadings not law -- Effective date -- Severability -- 1999 c 164: See notes following RCW 43.160.010.

     Savings -- 1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.

     Section headings not law -- 1991 sp.s. c 32: See RCW 36.70A.902.




43.17.310
Businesses — Rules coordinator to provide list of rules.

The rules coordinator under RCW 34.05.310 shall be knowledgeable regarding the agency's rules that affect businesses. The rules coordinator shall provide a list of agency rules applicable at the time of the request to a specific class or line of business, which are limited to that specific class or line as opposed to generic rules applicable to most businesses, to the *business assistance center when so requested by the *business assistance center for the specific class or line of business.

[1992 c 197 § 5.]

Notes:

     *Reviser's note: The business assistance center and its powers and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085, 43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June 30, 1996.




43.17.320
Interagency disputes — Alternative dispute resolution — Definitions.

For purposes of RCW 43.17.320 through 43.17.340, "state agency" means:

     (1) Any agency for which the executive officer is listed in RCW 42.17A.705(1); and

     (2) The office of the secretary of state; the office of the state treasurer; the office of the state auditor; the department of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction.

[2011 c 60 § 35; 1993 c 279 § 2.]

Notes:

     Effective date -- 2011 c 60: See RCW 42.17A.919.

     Intent -- 1993 c 279: "It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by establishing alternative dispute resolution processes available to any agency." [1993 c 279 § 1.]




43.17.330
Interagency disputes — Alternative dispute resolution — Methods.

Whenever a dispute arises between state agencies, agencies shall employ every effort to resolve the dispute themselves without resorting to litigation. These efforts shall involve alternative dispute resolution methods. If a dispute cannot be resolved by the agencies involved, any one of the disputing agencies may request the governor to assist in the resolution of the dispute. The governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such methods may include, but are not limited to, the appointment by the governor of a mediator, acceptable to the disputing agencies, to assist in the resolution of the dispute. The governor may also request assistance from the attorney general to advise the mediator and the disputing agencies.

[1993 c 279 § 3.]

Notes:

     Intent -- 1993 c 279: See note following RCW 43.17.320.




43.17.340
Interagency disputes — Alternative dispute resolution — Exception.

RCW 43.17.320 and 43.17.330 shall not apply to any state agency that is a party to a lawsuit, which: (1) Impleads another state agency into the lawsuit when necessary for the administration of justice; or (2) files a notice of appeal, petitions for review, or makes other filings subject to time limits, in order to preserve legal rights and remedies.

[1993 c 279 § 4.]

Notes:

     Intent -- 1993 c 279: See note following RCW 43.17.320.




43.17.350
Health-related state agencies — Professional health services — Fee schedules.

For the purpose of accurately describing professional health services purchased by the state, health-related state agencies may develop fee schedules based on billing codes and service descriptions published by the American medical association or the United States federal health care financing administration, or develop agency unique codes and service descriptions.

[1995 1st sp.s. c 6 § 20.]

Notes:

     Effective date -- 1995 1st sp.s. c 6: See note following RCW 28A.400.410.




43.17.360
Lease of real property — Term of a lease — Use of proceeds — Retroactive application.

(1) The department of social and health services and other state agencies may lease real property and improvements thereon to a consortium of three or more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults.

     (2) A lease governed by subsection (1) of this section shall not charge more than one dollar per year for the land value and facilities value, during the initial term of the lease, but the lease may include provisions for payment of any reasonable operation and maintenance expenses incurred by the state.

     The initial term of a lease governed by subsection (1) of this section shall not exceed twenty years, except as provided in subsection (4) of this section. A lease renewed under subsection (1) of this section after the initial term shall charge the fair rental value for the land and improvements other than those improvements paid for by a contracting consortium. The renewed lease may also include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. For the purposes of this subsection, fair rental value shall be determined by the commissioner of public lands in consultation with the department and shall not include the value of any improvements paid for by a contracting consortium.

     (3) The net proceeds generated from any lease entered or renewed under subsection (1) of this section involving land and facilities on the grounds of eastern state hospital shall be used solely for the benefit of eastern state hospital programs for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full benefit intended by this section, and that such effect will not be diminished by budget adjustments inconsistent with this intent.

     (4) The initial term of a lease under subsection (1) of this section entered into after January 1, 1996, and involving the grounds of Eastern State hospital, shall not exceed fifty years. This subsection applies retroactively, and the department shall modify any existing leases to comply with the terms of this subsection. No other terms of a lease modified by this subsection may be modified unless both parties agree.

[1997 c 349 § 1; 1996 c 261 § 2.]

Notes:

     Severability -- 1997 c 349: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 349 § 2.]

     Effective date -- 1997 c 349: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1997]." [1997 c 349 § 3.]




43.17.370
Prerelease copy of report or study to local government.

(1) An agency, prior to releasing a final report or study regarding management by a county, city, town, special purpose district, or other unit of local government of a program delegated to the local government by the agency or for which the agency has regulatory responsibility, shall provide copies of a draft of the report or study at least two weeks in advance of the release of the final report or study to the legislative body of the local government. The agency shall, at the request of a local government legislative body, meet with the legislative body before the release of a final report or study regarding the management of such a program.

     (2) For purposes of this section, "agency" means an office, department, board, commission, or other unit of state government, other than a unit of state government headed by a separately elected official.

[1997 c 409 § 603.]

Notes:

     Part headings--Severability -- 1997 c 409: See notes following RCW 43.22.051.




43.17.380
Quality management, accountability, and performance system — Definitions.

As used in RCW 43.17.385 and 43.17.390:

     (1) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education, and all offices of executive branch state government-elected officials, except agricultural commissions under Title 15 RCW.

     (2) "Quality management, accountability, and performance system" means a nationally recognized integrated, interdisciplinary system of measures, tools, and reports used to improve the performance of a work unit or organization.

[2005 c 384 § 2.]

Notes:

     Findings -- 2005 c 384: "The legislature finds that:

     (1) Citizens demand and deserve accountability of public programs and activities. Public programs must continuously improve accountability and performance reporting in order to increase public trust.

     (2) Washington state government agencies must continuously improve their management and performance so citizens receive maximum value for their tax dollars.

     (3) The application of best practices in performance management has improved results and accountability in many Washington state agencies and other jurisdictions.

     (4) All Washington state agencies must develop a performance-based culture that can better demonstrate accountability and achievement." [2005 c 384 § 1.]




43.17.385
Quality management, accountability, and performance system.

(1) Each state agency shall, within available funds, develop and implement a quality management, accountability, and performance system to improve the public services it provides.

     (2) Each agency shall ensure that managers and staff at all levels, including those who directly deliver services, are engaged in the system and shall provide managers and staff with the training necessary for successful implementation.

     (3) Each agency shall, within available funds, ensure that its quality management, accountability, and performance system:

     (a) Uses strategic business planning to establish goals, objectives, and activities consistent with the priorities of government, as provided in statute;

     (b) Engages stakeholders and customers in establishing service requirements and improving service delivery systems;

     (c) Includes clear, relevant, and easy-to-understand measures for each activity;

     (d) Gathers, monitors, and analyzes activity data;

     (e) Uses the data to evaluate the effectiveness of programs to manage process performance, improve efficiency, and reduce costs;

     (f) Establishes performance goals and expectations for employees that reflect the organization's objectives; and provides for regular assessments of employee performance;

     (g) Uses activity measures to report progress toward agency objectives to the agency director at least quarterly;

     (h) Where performance is not meeting intended objectives, holds regular problem-solving sessions to develop and implement a plan for addressing gaps; and

     (i) Allocates resources based on strategies to improve performance.

     (4) Each agency shall conduct a yearly assessment of its quality management, accountability, and performance system.

     (5) State agencies whose chief executives are appointed by the governor shall report to the governor on agency performance at least quarterly. The reports shall be included on the agencies', the governor's, and the office of financial management's web sites.

     (6) The governor shall report annually to citizens on the performance of state agency programs. The governor's report shall include:

     (a) Progress made toward the priorities of government as a result of agency activities; and

     (b) Improvements in agency quality management systems, fiscal efficiency, process efficiency, asset management, personnel management, statutory and regulatory compliance, and management of technology systems.

     (7) Each state agency shall integrate efforts made under this section with other management, accountability, and performance systems, including procedures implemented under chapter
43.42A RCW, undertaken under executive order or other authority.

[2014 c 68 § 6; 2005 c 384 § 3.]

Notes:

     Findings -- 2005 c 384: See note following RCW 43.17.380.




43.17.390
Quality management, accountability, and performance system — Independent assessment.

Starting in 2012, and at least once every three years thereafter, each agency shall apply to the Washington state quality award, or similar organization, for an independent assessment of its quality management, accountability, and performance system. The assessment shall evaluate the effectiveness of all elements of its management, accountability, and performance system, including: Leadership, strategic planning, customer focus, analysis and information, employee performance management, and process improvement. The purpose of the assessment is to recognize best practice and identify improvement opportunities.

[2009 c 564 § 931; 2005 c 384 § 4.]

Notes:

     Effective date -- 2009 c 564: See note following RCW 2.68.020.

     Findings -- 2005 c 384: See note following RCW 43.17.380.




43.17.400
Disposition of state-owned land — Definitions — Notice.

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

     (a) "Disposition" means sales, exchanges, or other actions resulting in a transfer of land ownership.

     (b) "State agencies" includes:

     (i) The department of natural resources established in chapter
43.30 RCW;

     (ii) The department of fish and wildlife established in chapter 43.300 RCW;

     (iii) The department of transportation established in chapter 47.01 RCW;

     (iv) The parks and recreation commission established in chapter 79A.05 RCW; and

     (v) The *department of general administration established in this chapter.

     (2) State agencies proposing disposition of state-owned land must provide written notice of the proposed disposition to the legislative authorities of the counties, cities, and towns in which the land is located at least sixty days before entering into the disposition agreement.

     (3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state.

[2007 c 62 § 2.]

Notes:

     *Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.

     Finding -- Intent -- 2007 c 62: "The legislature recognizes that state agencies dispose of state-owned lands when these lands cannot be advantageously used by the agency or when dispositions are beneficial to the public's interest. The legislature also recognizes that dispositions of state-owned land can create opportunities for counties, cities, and towns wishing to purchase or otherwise acquire the lands, and citizens wishing to enjoy the lands for recreational or other purposes. However, the legislature finds that absent a specific requirement obligating state agencies to notify affected local governments of proposed land dispositions, occasions for governmental acquisition and public enjoyment of certain lands can be permanently lost.

     Therefore, the legislature intends to enact an express and supplemental requirement obligating state agencies to notify local governments of proposed land dispositions." [2007 c 62 § 1.]

Severability -- 2007 c 62: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2007 c 62 § 13.]