Chapter 36.22 RCW

COUNTY AUDITOR

Sections

36.22.010Duties of auditor.
36.22.020Publisher of legislative authority proceedingsCustodian of commissioners' seal.
36.22.030May administer oaths.
36.22.040Duty to audit claims against county.
36.22.050Issuance of warrantsMultiple warrants.
36.22.060Record of warrants.
36.22.070Original claims to be retained.
36.22.080Claims of auditor.
36.22.090Warrants of political subdivisions.
36.22.100Cancellation of unclaimed warrants.
36.22.110Auditor cannot act as attorney or lobbyist.
36.22.120Temporary clerk may be appointed.
36.22.140Auditor or charter county financial officerEx officio deputy state auditor.
36.22.150Duty of retiring auditor or his or her representative in case of death.
36.22.160Copying, preserving, and indexing documents.
36.22.170Surcharge for preservation of historical documentsDistribution of revenue to county and state treasurerCreation of account.
36.22.175Surcharge for local government archives and records managementRecords management trainingEastern Washington regional facilitySurcharge for competitive grant program, consultation program, and archivist's training services.
36.22.178Affordable housing for all surchargePermissible uses.
36.22.179Surcharge for local homeless housing and assistanceUse.
36.22.1791Additional surcharge for local homeless housing and assistanceUse.
36.22.181Surcharge for prosecution of mortgage lending fraudTransmittal to state treasurer.
36.22.190Distribution of funds.
36.22.200Action for change of nameFiling and recording.
36.22.210Process serversRegistrationFees.
36.22.215Process serversSocial security numbers.
36.22.220Election assistants, deputiesAppointment, qualifications.
36.22.230Election assistants, deputiesAdditional qualifications.
36.22.240Surcharge for growth management planning and reviewIncreasing residential building capacity.

NOTES:

Acknowledgments, auditor may take: RCW 64.08.010.
Appointment as agent for registration of vehicles: RCW 46.01.130, 46.01.140, 46.01.270.
Canvassing board, auditor as member: RCW 39.40.030.
Cities and towns, certificates of election, auditor to issue: RCW 35.02.130.
Civil actions, judgment by confession acknowledged before: RCW 4.60.040.
County accounts, expense for examination of, auditor to issue warrant for: RCW 43.09.280.
County canvassing board, auditor as member: RCW 29A.60.160.
Custodian of records, auditor as: RCW 65.04.140.
Department of revenue to advise: RCW 84.08.020.
Diking district, auditor as agent of county commissioners in signing petition for: RCW 85.05.083.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, auditor as member of: RCW 3.38.010.
Duties relating to
air pollution control districts: Chapter 70.94 RCW.
aircraft excise taxes: Chapter 82.48 RCW.
appeals from tax levies: Chapter 84.08 RCW.
assessor's plats: RCW 58.18.010.
basic juvenile court act: Chapter 13.04 RCW.
boundary line proceedings: RCW 58.04.040.
cemetery districts: Chapter 68.52 RCW.
cemetery plat, filing of: RCW 68.24.030.
certification of offices, notice of election: Chapter 29A.36 RCW.
chattel liens: Chapter 60.08 RCW.
chattel mortgages: Chapter 60.08 RCW, Article 62A.9A RCW.
assignment and satisfaction of: Chapter 61.16 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements for sewer connections outside of: RCW 35.67.310.
cities support of county in which generating plant located: RCW 35.21.450.
corrective plats of: RCW 58.10.030.
determining town's uncertain boundaries: RCW 35.27.040, 35.27.050.
disincorporation of: Chapter 35.07 RCW.
general indebtedness bonds, county tax levy to pay: RCW 35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
ordinance reducing city limits: RCW 35.16.050.
unfit buildings, structures, or premises, abatement: RCW 35.80.030.
claim of spouse or domestic partner in community realty: RCW 26.16.100.
collection agency surety bonds: RCW 19.16.190.
conditional sales contracts: Article 62A.9A RCW.
corporations, nonprofit, generally: Title 24 RCW.
educational, religious, benevolent, fraternal or charitable: Chapter 24.03 RCW.
mutual benefit: Chapter 24.03 RCW.
nonstock: Chapter 24.03 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
credit unions: Chapter 31.12 RCW.
crop liens: Chapter 60.11 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking, drainage and sewerage improvement districts
generally: Chapter 85.08 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040, 85.07.050.
diking districts: Chapter 85.05 RCW.
levy for continuous benefits: Chapter 85.18 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
disinfection of horticultural premises: Chapter 15.08 RCW.
dissolution of inactive special purpose districts: Chapter 36.96 RCW.
doctors, nurses and hospital services, lien for: Chapter 60.44 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
elections
ballots: Chapter 29A.36 RCW.
canvassing returns: Chapter 29A.60 RCW.
ceremonial certificate of, auditor to issue: RCW 29A.52.360.
change of precinct boundaries: RCW 29A.16.070.
conduct of: RCW 29A.60.010.
congressional elections: Chapter 29A.28 RCW.
declarations of candidacy: Chapter 29A.52 RCW.
initiative and referendum: Chapter 29A.72 RCW.
nonpartisan primaries, elections: Chapter 29A.52 RCW.
presidential electors: Chapter 29A.56 RCW.
recall: Chapter 29A.56 RCW.
registration of voters for: Chapter 29A.08 RCW.
status, transfers, and cancellations: Chapter 29A.08 RCW.
voting by mail: Chapter 29A.40 RCW.
voting centers
accessibility to individuals with disabilities: Chapter 29A.16 RCW.
regulations, after closing: Chapter 29A.60 RCW.
voting systems: Chapter 29A.12 RCW.
electric franchises and rights-of-way: RCW 80.32.010.
eminent domain
by cities: Chapter 8.12 RCW.
by counties: Chapter 8.08 RCW.
employee contributions to benefit plans lien claim: RCW 60.76.020.
employee payroll deductions: RCW 41.04.020 through 41.04.036.
execution of judgment: Chapter 6.17 RCW.
fire protection districts: Chapters 52.04, 52.16 RCW.
merger of: Chapter 52.06 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
food fish and shellfish
fishways for: RCW 77.57.030.
guards: RCW 77.57.010.
forest fire protection assessments: RCW 76.04.610.
forest protection, claims for damages, services: Chapter 76.04 RCW.
franchises on state highways: Chapter 47.44 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
homesteads: Chapter 6.13 RCW.
horizontal property regimes (condominiums), declarations and survey maps of: RCW 64.32.100, 64.32.140.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
insurance, mergers and insolvencies: Chapter 48.31 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irregular instruments, recording of: RCW 65.08.030.
irrigation districts
director divisions: RCW 87.04.070.
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
under contract with United States: Chapter 87.68 RCW.
juries, drawing of: Chapter 2.36 RCW.
labor, materials and taxes on public works, liens for: Chapter 60.28 RCW.
labor and services on timber and lumber, lien for: Chapter 60.24 RCW.
labor lien on restaurant, tavern, hotel, etc.: Chapter 60.34 RCW.
labor liens on franchises, earnings and property of certain companies: Chapter 60.32 RCW.
land office receipts, recording of: RCW 65.08.050.
lease of personal property with conditional right to purchase: Article 62A.9A RCW.
letters patent, recording of: RCW 65.08.090.
licenses to practice dentistry: Chapter 18.32 RCW.
lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
liquor
billiard tables, bowling alleys, licensing of, use, sale of: Chapter 67.14 RCW.
retail license: RCW 67.14.040.
sales, local option on: Chapter 66.40 RCW.
wholesale license: RCW 67.14.050.
marriages: Chapter 26.04 RCW.
mechanics' and materialmen's liens: Chapter 60.04 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mining claims
location of: Chapter 78.08 RCW.
survey reports: Chapter 78.06 RCW.
mosquito control districts: Chapter 17.28 RCW.
motor vehicle registration: RCW 46.01.130, 46.01.140, 46.01.270.
municipal court elections: Chapter 35.20 RCW.
municipal water and sewer facilities act: Chapter 35.91 RCW.
new or limited access highway routes: RCW 47.28.025.
notice of lis pendens: RCW 4.28.160, 4.28.320.
orchard labor liens: Chapter 60.16 RCW.
order discharging attachment: RCW 6.25.160.
park and recreation district commissioner elections: RCW 36.69.090.
partnership ditches, lien claim for labor done: RCW 90.03.450.
partnerships, uniform limited partnerships act: Chapters 25.10, 25.12 RCW.
pendency of action in United States court: RCW 4.28.325.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
plats, subdivisions and dedications: Chapter 58.17 RCW.
port district L.I.D.'s: RCW 53.20.050.
port districts
annexation of land to: Chapter 53.04 RCW.
budget of: Chapter 53.35 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
precinct committee officer: Chapter 29A.80 RCW.
public assistance lien claim: RCW 74.04.300.
public lands
lease of: Chapter 79.13 RCW.
leasing on share crop basis: RCW 79.13.320 through 79.13.360.
materials on, sale of: Chapter 79.15 RCW.
tidelands and shorelands plats: RCW 79.125.040.
public records and evidence: Chapter 5.44 RCW.
public utility districts: Chapters 54.08, 54.12, 54.24, 54.40 RCW.
public waterway districts: Chapter 91.08 RCW.
eminent domain by: RCW 91.08.150.
real property conveyances, recording of: RCW 65.08.070.
reclamation and irrigation districts in United States reclamation areas: Chapter 89.12 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording, generally: Chapters 65.04, 65.08 RCW.
liability of auditor for damages: RCW 65.04.110.
recording of town plats: Chapter 58.08 RCW.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180 through 88.32.220.
sales under execution and redemption: Chapter 6.21 RCW.
school district directors, superintendents, signatures of: RCW 28A.400.020.
school district organization: Chapter 28A.315 RCW.
sires, services of, lien for: Chapter 60.52 RCW.
street railways: Chapter 81.64 RCW.
superior court, expenses of visiting judge: RCW 2.08.170.
superior court, judges salary: RCW 2.08.100 through 2.08.110.
taxes
excise on real estate sales: RCW 82.45.090.
internal revenue, liens for: Chapter 60.68 RCW.
property
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
recovery: Chapter 84.68 RCW.
vehicle use tax: RCW 82.12.045.
townsites on United States lands, acquisition of lands by inhabitants: Chapter 58.28 RCW.
unemployment compensation contributions, lien for: RCW 50.24.050.
vehicle registration: RCW 46.01.130, 46.01.140, 46.01.270.
veterans' meeting place, rent by county: RCW 73.04.080.
veterans' relief: Chapter 73.08 RCW.
voting by mail: Chapter 29A.40 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
consolidation of: Chapter 57.32 RCW.
funds of: Chapter 57.20 RCW.
generally: Title 57 RCW.
merger of: Chapter 57.36 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
water rights certificates: RCW 90.03.330.
water rights, United States: Chapter 90.40 RCW.
weed districts: Chapter 17.04 RCW.
workers' compensation contributions, liens for: RCW 51.16.170.
Eminent domain by
cities of county land, auditor served: RCW 8.12.080.
state, decree of appropriation filed with auditor: RCW 8.04.120.
state of county land, notice of served on auditor: RCW 8.04.020.
Motor vehicle registration: RCW 46.01.130, 46.01.140, 46.01.270.
Plats, validation of defective city or town plats in office of: Chapter 58.10 RCW.
Public lands, sales and lease of, duties of auditor in certain counties transferred to treasurer: RCW 79.02.090.
Public lands and materials on, sale of, auditor as auctioneer: RCW 79.11.150.
Reclamation district commission, auditor as clerk of: RCW 89.30.058.
Registrar of titles
auditor as: RCW 65.12.050.
not to practice law, when: RCW 65.12.065.
Summons for claim against county served on auditor: RCW 4.28.080.
Support of dependent children, auditor to charge no fees in connection with: RCW 74.20.300.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Television reception improvement districts, auditor's duties: Chapter 36.95 RCW.
Temporary gate across highways, auditor to grant permit for, when: RCW 16.60.085.
Veterans, auditor to furnish documents for free: RCW 73.04.120.
Veterans' discharge, auditor to record without fee: RCW 73.04.030 through 73.04.042.
Veterans' pension papers, auditor to charge no fee: RCW 73.04.010.


Duties of auditor.

The county auditor:
(1) Shall be recorder of deeds and other instruments in writing which by law are to be filed and recorded in and for the county for which he or she is elected;
(2) Shall keep an account current with the county treasurer, charge all money received as shown by receipts issued and credit all disbursements paid out according to the record of settlement of the treasurer with the legislative authority;
(3) Shall make out and transmit to the state auditor a statement of the state fund account with the county in accordance with standards developed by the state auditor. The statement must be available to the public;
(4) Shall make available a complete exhibit of the prior-year finances of the county including, but not limited to, a statement of financial condition and financial operation in accordance with standards developed by the state auditor. This exhibit shall be made available after the financial records are closed for the prior year;
(5) Shall make out a register of all warrants legally authorized and directed to be issued by the legislative body at any regular or special meeting. The auditor shall make the data available to the county treasurer. The auditor shall retain the original of the register of warrants for future reference;
(6) As clerk of the board of county commissioners, shall:
Record all of the proceedings of the legislative authority;
Make full entries of all of their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county;
Record the vote of each member on any question upon which there is a division or at the request of any member present;
Sign all orders made and warrants issued by order of the legislative authority for the payment of money;
Record the reports of the county treasurer of the receipts and disbursements of the county;
Preserve and file all accounts acted upon by the legislative authority;
Preserve and file all petitions and applications for franchises and record the action of the legislative authority thereon;
Record all orders levying taxes;
Perform all other duties required by any rule or order of the legislative authority.
[ 2009 c 337 § 3; 1995 c 194 § 1; 1984 c 128 § 2; 1963 c 4 § 36.22.010. Prior: 1955 c 157 § 9; prior: (i) Code 1881 § 2707; 1869 p 310 §§ 1, 2, 3; 1863 p 549 §§ 1, 2, 3; 1854 p 424 §§ 1, 2, 3; RRS § 4083. (ii) Code 1881 § 2709; RRS § 4085. (iii) Code 1881 § 2711; RRS § 4088. (iv) 1893 c 119 § 2; Code 1881 § 2712; 1869 p 311 § 6; 1863 p 550 § 6; 1854 p 425 § 6; RRS § 4089. (v) 1893 c 119 § 3; Code 1881 § 2571; RRS § 4090. (vi) 1893 c 119 § 4; Code 1881 § 2713; 1869 p 311 § 7; 1867 p 130 § 1; RRS § 4091. (vii) 1893 c 119 § 5; Code 1881 § 2714; 1869 p 311 § 8; 1867 p 131 § 2; RRS § 4092. (viii) 1893 c 119 § 7; Code 1881 § 2718; 1869 p 312 § 13; RRS § 4095. (ix) Code 1881 § 2719; RRS § 4098. (x) 1893 c 119 § 8; Code 1881 § 2720; RRS § 4099.]



Publisher of legislative authority proceedingsCustodian of commissioners' seal.

It shall be the duty of the county auditor of each county, within fifteen days after the adjournment of each regular session, to publish a summary of the proceedings of the legislative authority at such term, in any newspaper published in the county or having a general circulation therein, or the auditor may post copies of such proceedings in three of the most public places in the county. The seal of the county commissioners for each county, used by the county auditor as clerk to attest the proceedings of the legislative authority, shall be and remain in the custody of the county auditor, and the auditor is hereby authorized to use such seal in attestation of all official acts, whether as clerk of the legislative authority, as auditor or recorder of deeds; and all certificates, exemplifications of records, or other acts performed as county auditor, certified under the seal of the county commissioners, pursuant to this section, in this state, shall be as valid and legally binding as though attested by a seal of office of the county auditor.
[ 1995 c 194 § 2; 1963 c 4 § 36.22.020. Prior: Code 1881 § 2724; 1869 p 313 § 17; RRS §§ 4102, 4103. Formerly RCW 36.16.080, 36.22.020, and 36.22.130.]



May administer oaths.

Auditors and their deputies may administer oaths necessary in the performance of their duties and in all other cases where oaths are required by law to be administered and take acknowledgments of deeds and other instruments in writing: PROVIDED, That any deputy county auditor, in administering such oath or taking such acknowledgment, shall certify to the same in his or her own name as deputy, and not in the name of his or her principal, and shall attach thereto the seal of the office: PROVIDED, That all oaths administered or acknowledgments taken by any deputy of any county auditor certifying to the same in the name of his or her principal by himself or herself as such deputy, prior to the taking effect of chapter 119, Laws of 1893 be and the same are hereby legalized and made valid and binding.



Duty to audit claims against county.

The county auditor shall audit all claims, demands, and accounts against the county which by law are chargeable to the county, except such cost or fee bills as are by law to be examined or approved by some other judicial tribunal or officer. Such claims as it is his or her duty to audit shall be presented to the board of county commissioners for their examination and allowance.
[ 2009 c 549 § 4024; 1963 c 4 § 36.22.040. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.]



Issuance of warrantsMultiple warrants.

For claims allowed by the county commissioners, and also for cost bills and other lawful claims duly approved by the competent tribunal designated by law for their allowance, he or she shall draw a warrant on the county treasurer, made payable to the claimant or his or her order, bearing date from the time of and regularly numbered in the order of their issue. If there is not sufficient cash in the county treasury to cover such claims or cost bills, or if a claimant requests, the auditor may issue a number of smaller warrants, the total principal amounts of which shall equal the amount of said claim or cost bill.
[ 2009 c 549 § 4025; 1975 c 31 § 1; 1969 ex.s. c 87 § 1; 1963 c 4 § 36.22.050. Prior: (i) 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part. (ii) 1893 c 48 § 2; RRS § 4087.]



Record of warrants.

The auditor shall maintain a record of when a warrant is issued. The record shall include the warrant number, date, name of payee, amount, nature of claims, or services provided.
[ 1995 c 194 § 3; 1963 c 4 § 36.22.060. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.]



Original claims to be retained.

(1) The auditor shall also retain all original bills and indorse thereon claimant's name, nature of claim, the action had, and if a warrant was issued, date and number the voucher or claim the same as the warrant.
(2) The auditor may retain all claims, bills, and associated records referenced in subsection (1) of this section in an electronic format sufficient for the conduct of official business.
(3) For the purposes of this section, "claims" shall exclude claims filed against the county in accordance with the provisions of chapter 4.96 RCW.
[ 2003 c 72 § 1; 1963 c 4 § 36.22.070. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.]



Claims of auditor.

All claims of the county auditor against the county for services shall be audited and allowed by the board of county commissioners as other claims are audited and allowed. Such warrants shall in all respects be audited, approved, issued, numbered, registered, and paid the same as any other county warrant.
[ 1963 c 4 § 36.22.080. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.]



Warrants of political subdivisions.

All warrants for the payment of claims against diking, ditch, drainage and irrigation districts and school districts of the second class, who do not issue their own warrants, as well as political subdivisions within the county for which no other provision is made by law, shall be drawn and issued by the county auditor of the county wherein such subdivision is located, upon proper approval by the governing body thereof.

NOTES:

Effective dateSeverability1975 c 43: See notes following RCW 28A.535.050.
Severability1973 c 111: See note following RCW 28A.330.230.



Cancellation of unclaimed warrants.

Registered or interest bearing county warrants not presented within one year of the date of their call, and all other county warrants not presented within one year of the date of their issue shall be canceled by the legislative authority of the county and the auditor and treasurer of the county shall cancel all record of such warrants, so as to leave the funds as if such warrants had never been drawn.



Auditor cannot act as attorney or lobbyist.

The person holding the office of county auditor, or deputy, or performing its duties, shall not practice as an attorney or represent any person who is making any claim against the county, or who is seeking to procure any legislative or other action by the board of county commissioners.



Temporary clerk may be appointed.

In case the auditor is unable to attend to the duties of his or her office during any session of the board of county commissioners, and has no deputy by him or her appointed in attendance, the board may temporarily appoint a suitable person not by law disqualified from acting as such to perform the auditor's duties.



Auditor or charter county financial officerEx officio deputy state auditor.

Each county auditor or financial officer designated in a charter county shall be ex officio deputy of the state auditor for the purpose of accounting and reporting on municipal corporations and in such capacity shall be under the direction of the state auditor, but he or she shall receive no additional salary or compensation by virtue thereof and shall perform no duties as such, except in connection with county business.



Duty of retiring auditor or his or her representative in case of death.

Each auditor, on retiring from office, shall deliver to his or her successor the seal of office and all the books, records, and instruments of writing belonging to the office, and take his or her receipt therefor. In case of the death of the auditor, his or her legal representatives shall deliver over the seal, books, records and papers.
[ 2009 c 549 § 4027; 1963 c 4 § 36.22.150. Prior: Code 1881 § 2725; 1869 p 314 § 22; RRS § 4104.]



Copying, preserving, and indexing documents.

Each county auditor is hereby authorized to provide for the installation and thereafter for the maintenance of an improved system for copying, preserving, and indexing documents recorded in the county. Such a system may utilize the latest technology including, but not limited to, photomicrographic and computerized electronic digital storage methodology. The initial installation of the improved system shall include the following:
(1) The acquisition, installation, operation, and maintenance of the equipment provided for in the definition above; and
(2) The establishment of procedures for the continued preservation, indexing, and filing of all instruments and records that will, after the effective installation date, constitute a part of the improved system.

NOTES:

Findings1989 c 204: "The legislature, finding in this centennial year that many old documents recorded or filed with county officials are deteriorating due to age and environmental degradation and that such documents require preservation in the public interest before they are irreparably damaged, enacts the centennial document preservation act of 1989." [ 1989 c 204 § 1.]



Surcharge for preservation of historical documentsDistribution of revenue to county and state treasurerCreation of account.

(1)(a) Except as provided in (b) of this subsection, a surcharge of five dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. One dollar of the surcharge shall be used at the discretion of the county commissioners to promote historical preservation or historical programs, which may include preservation of historic documents.
(b) A surcharge of two dollars per instrument shall be charged by the county auditor for each document presented for recording by the employment security department, which will be in addition to any other charge authorized by law.
(2) Of the remaining revenue generated through the surcharges under subsection (1) of this section:
(a) Fifty percent shall be transmitted monthly to the state treasurer who shall distribute such funds to each county treasurer within the state in July of each year in accordance with the formula described in RCW 36.22.190. The county treasurer shall place the funds received in a special account titled the auditor's centennial document preservation and modernization account to be used solely for ongoing preservation of historical documents of all county offices and departments and shall not be added to the county current expense fund; and
(b) Fifty percent shall be retained by the county and deposited in the auditor's operation and maintenance fund for ongoing preservation of historical documents of all county offices and departments.
(3) The centennial document preservation and modernization account is hereby created in the custody of the state treasurer and shall be classified as a treasury trust account. State distributions from the centennial document preservation and modernization account shall be made without appropriation.

NOTES:

Findings1989 c 204: See note following RCW 36.22.160.



Surcharge for local government archives and records managementRecords management trainingEastern Washington regional facilitySurcharge for competitive grant program, consultation program, and archivist's training services. (Effective until June 30, 2020.)

(1)(a) In addition to any other charge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for each document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for deposit in the local government archives account under RCW 40.14.024. These funds shall be used solely for providing records schedule compliance, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records and digital data and access to those records and data through the regional branch archives of the division of archives and records management.
(b) The division of archives and records management within the office of the secretary of state shall provide records management training for local governments and shall establish a competitive grant program to solicit and prioritize project proposals from local governments for potential funding to be paid for by funds from the auditor surcharge and tax warrant surcharge revenues. Application for specific projects may be made by local government agencies only. The state archivist in consultation with the advisory committee established under RCW 40.14.027 shall adopt rules governing project eligibility, evaluation, awarding of grants, and other criteria including requirements for records management training for grant recipients.
(2) The advisory committee established under RCW 40.14.027 shall review grant proposals and establish a prioritized list of projects to be considered for funding by January 1st of each even-numbered year, beginning in 2002. The evaluation of proposals and development of the prioritized list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of each application on the prioritized list and projects will be funded only to the extent that funds are available. A grant award may have an effective date other than the date the project is placed on the prioritized list.
(3) In addition to any other surcharge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for every document recorded after January 1, 2002. Revenue generated through this surcharge shall be transmitted to the state treasurer monthly for deposit in the following accounts, fifty percent of the surcharge authorized by this subsection shall be reverted to the local government archives account as prescribed in RCW 40.14.024 for maintenance and operation of the specialized regional archive facility located in eastern Washington and fifty percent of the surcharge authorized by this section shall be reverted to the account created in RCW 43.07.410 for payment of the financing contract entered into by the secretary of state for the Washington state library-archives building.
(4) In addition to any other surcharge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for every document recorded. Revenue generated through this surcharge shall be transmitted to the state treasurer monthly for deposit in the local government archives account under RCW 40.14.024 to be used exclusively for the competitive grant program in RCW 40.14.026, and for the attorney general's consultation program and state archivist's training services authorized in RCW 42.56.570.

NOTES:

Expiration date2019 c 448 § 4: "Section 4 of this act expires June 30, 2020." [ 2019 c 448 § 11.]
FindingsIntent2019 c 448: See note following RCW 43.07.405.
Expiration date2017 c 303 § 7: "Section 7 of this act expires June 30, 2020." [ 2017 c 303 § 10.]
Effective dates2011 1st sp.s. c 50: See note following RCW 15.76.115.
Part headings not lawSeverabilityEffective date2008 c 328: See notes following RCW 43.155.050.
Effective date2001 2nd sp.s. c 13: "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 June 30, 2001." [ 2001 2nd sp.s. c 13 § 3.]
Effective date1996 c 245: See note following RCW 40.14.025.

Surcharge for local government archives and records managementRecords management trainingEastern Washington regional facility. (Effective June 30, 2020.)

(1)(a) In addition to any other charge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for each document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for deposit in the local government archives account under RCW 40.14.024. These funds shall be used solely for providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records and digital data and access to those records and data through the regional branch archives of the division of archives and records management.
(b) The division of archives and records management within the office of the secretary of state shall provide records management training for local governments and shall establish a competitive grant program to solicit and prioritize project proposals from local governments for potential funding to be paid for by funds from the auditor surcharge and tax warrant surcharge revenues. Application for specific projects may be made by local government agencies only. The state archivist in consultation with the advisory committee established under RCW 40.14.027 shall adopt rules governing project eligibility, evaluation, awarding of grants, and other criteria including requirements for records management training for grant recipients.
(2) The advisory committee established under RCW 40.14.027 shall review grant proposals and establish a prioritized list of projects to be considered for funding by January 1st of each even-numbered year, beginning in 2002. The evaluation of proposals and development of the prioritized list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of each application on the prioritized list and projects will be funded only to the extent that funds are available. A grant award may have an effective date other than the date the project is placed on the prioritized list.
(3) In addition to any other surcharge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for every document recorded after January 1, 2002. Revenue generated through this surcharge shall be transmitted to the state treasurer monthly for deposit in the following accounts, fifty percent of the surcharge authorized by this subsection shall be reverted to the local government archives account as prescribed in RCW 40.14.024 for maintenance and operation of the specialized regional archive facility located in eastern Washington and fifty percent of the surcharge authorized by this section shall be reverted to the account created in RCW 43.07.410 for payment of the financing contract entered into by the secretary of state for the Washington state library-archives building.
(4) In addition to any other surcharge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for every document recorded. Revenue generated through this surcharge shall be transmitted to the state treasurer monthly for deposit in the local government archives account under RCW 40.14.024 to be used exclusively for the competitive grant program in RCW 40.14.026, and for the attorney general's consultation program and state archivist's training services authorized in RCW 42.56.570.

NOTES:

Reviser's note: This section was amended by 2019 c 372 § 3 and by 2019 c 448 § 5, 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 date2019 c 448 § 5: "Section 5 of this act takes effect June 30, 2020." [ 2019 c 448 § 12.]
Effective date2019 c 372 § 3: "Section 3 of this act takes effect June 30, 2020." [ 2019 c 372 § 4.]
FindingsIntent2019 c 448: See note following RCW 43.07.405.
Effective dates2011 1st sp.s. c 50: See note following RCW 15.76.115.
Part headings not lawSeverabilityEffective date2008 c 328: See notes following RCW 43.155.050.
Effective date2001 2nd sp.s. c 13: "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 June 30, 2001." [ 2001 2nd sp.s. c 13 § 3.]
Effective date1996 c 245: See note following RCW 40.14.025.



Affordable housing for all surchargePermissible uses.

The surcharge provided for in this section shall be named the affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a surcharge of thirteen dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The county may retain up to five percent of these funds collected solely for the collection, administration, and local distribution of these funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the state treasurer who will deposit: (a) The portion of the funds attributable to ten dollars of the surcharge into the affordable housing for all account created in RCW 43.185C.190. The department of commerce must use these funds to provide housing and shelter for extremely low-income households, including but not limited to housing for victims of human trafficking and their families and grants for building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses; and (b) the portion of the funds attributable to three dollars of the surcharge into the landlord mitigation program account created in RCW 43.31.615.
(2) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for eligible housing activities as described in this subsection that serve very low-income households with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very low-income households in the county and the cities within a county according to an interlocal agreement between the county and the cities within the county consistent with countywide and local housing needs and policies. A priority must be given to eligible housing activities that serve extremely low-income households with incomes at or below thirty percent of the area median income. Eligible housing activities to be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farmworker housing units, units reserved for victims of human trafficking and their families, and single room occupancy units;
(b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income households with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses;
(c) Rental assistance vouchers for housing units that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including rental housing vouchers for victims of human trafficking and their families, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development's section 8 rental assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed overnight youth shelters.
(3) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust or to documents recording a federal lien or satisfaction of lien.

NOTES:

FindingsConflict with federal requirementsEffective date2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Findings2002 c 294: "The legislature recognizes housing affordability has become a significant problem for a large portion of society in many parts of Washington state in recent years. The state has traditionally focused its resources on housing for low-income populations. Additional funding resources are needed for building operation and maintenance activities for housing projects affordable to extremely low-income people, for example farmworkers or people with developmental disabilities. Affordable rents for extremely low-income people are not sufficient to cover the cost of building operations and maintenance. In addition resources are needed at the local level to assist in development and preservation of affordable low-income housing to address critical local housing needs." [ 2002 c 294 § 1.]



Surcharge for local homeless housing and assistanceUse.

(1) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsection (3) of this section, an additional surcharge of sixty-two dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. Except as provided in subsection (4) of this section, the funds collected pursuant to this section are to be distributed and used as follows:
(a) The auditor shall retain two percent for collection of the fee, and of the remainder shall remit sixty percent to the county to be deposited into a fund that must be used by the county and its cities and towns to accomplish the purposes of chapter 484, Laws of 2005, six percent of which may be used by the county for the collection and local distribution of these funds and administrative costs related to its homeless housing plan, and the remainder for programs which directly accomplish the goals of the county's local homeless housing plan, except that for each city in the county which elects as authorized in RCW 43.185C.080 to operate its own local homeless housing program, a percentage of the surcharge assessed under this section equal to the percentage of the city's local portion of the real estate excise tax collected by the county shall be transmitted at least quarterly to the city treasurer, without any deduction for county administrative costs, for use by the city for program costs which directly contribute to the goals of the city's local homeless housing plan; of the funds received by the city, it may use six percent for administrative costs for its homeless housing program.
(b) The auditor shall remit the remaining funds to the state treasurer for deposit in the home security fund account to be used as follows:
(i) The department may use twelve and one-half percent of this amount for administration of the program established in RCW 43.185C.020, including the costs of creating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless housing grant program.
(ii) The remaining eighty-seven and one-half percent of this amount must be used as follows:
(A) At least forty-five percent must be set aside for the use of private rental housing payments; and
(B) All remaining funds are to be used by the department to:
(I) Provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; grants and vouchers designated for victims of human trafficking and their families; and emergency shelter assistance; and
(II) Fund the homeless housing grant program.
(2) A county issuing general obligation bonds pursuant to RCW 36.67.010, to carry out the purposes of subsection (1)(a) of this section, may provide that such bonds be made payable from any surcharge provided for in subsection (1)(a) of this section and may pledge such surcharges to the repayment of the bonds.
(3) The surcharge imposed in this section does not apply to (a) assignments or substitutions of previously recorded deeds of trust, (b) documents recording a birth, marriage, divorce, or death, (c) any recorded documents otherwise exempted from a recording fee or additional surcharges under state law, (d) marriage licenses issued by the county auditor, or (e) documents recording a federal, state, county, or city lien or satisfaction of lien.
(4) Ten dollars of the surcharge imposed under subsection (1) of this section must be distributed to the counties to carry out the purposes of subsection (1)(a) of this section.
(5) For purposes of this section, "private rental housing" means housing owned by a private landlord and includes housing owned by a nonprofit housing entity.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.
FindingsConflict with federal requirementsEffective date2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.



Additional surcharge for local homeless housing and assistanceUse.

(1) In addition to the surcharges authorized in RCW 36.22.178 and 36.22.179, and except as provided in subsection (2) of this section, the county auditor shall charge an additional surcharge of eight dollars for each document recorded, which is in addition to any other charge allowed by law. The funds collected under this section are to be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to be deposited into a fund six percent of which may be used by the county for administrative costs related to its homeless housing plan, and the remainder for programs that directly accomplish the goals of the county's local homeless housing plan, except that for each city in the county that elects, as authorized in RCW 43.185C.080, to operate its own local homeless housing program, a percentage of the surcharge assessed under this section equal to the percentage of the city's local portion of the real estate excise tax collected by the county must be transmitted at least quarterly to the city treasurer for use by the city for program costs that directly contribute to the goals of the city's local homeless housing plan.
(b) The auditor shall remit the remaining funds to the state treasurer for deposit in the home security fund account. The department may use the funds for administering the program established in RCW 43.185C.020, including the costs of creating and updating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless housing grant program. Remaining funds may also be used to:
(i) Provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; grants and vouchers designated for victims of human trafficking and their families; and emergency shelter assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust or to documents recording a federal lien or satisfaction of lien.



Surcharge for prosecution of mortgage lending fraudTransmittal to state treasurer. (Expires June 30, 2021.)

(1) Except as provided in subsection (2) of this section, a surcharge of one dollar shall be charged by the county auditor at the time of recording of each deed of trust, which will be in addition to any other charge authorized by law. The auditor may retain up to five percent of the funds collected to administer collection. The remaining funds shall be transmitted monthly to the state treasurer who will deposit the funds into the mortgage lending fraud prosecution account created in RCW 43.320.140. The department of financial institutions is responsible for the distribution of the funds in the account and shall, in consultation with the attorney general and local prosecutors, develop rules for the use of these funds to pursue criminal prosecution of fraudulent activities within the mortgage lending process.
(2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.
(3) This section expires June 30, 2021.

NOTES:

Effective date2011 c 129: See note following RCW 43.320.140.



Distribution of funds.

After deduction of those costs of the state treasurer that are described under *RCW 36.22.180, the balance of the funds will be distributed to the counties according to the following formula: One-half of the funds available shall be equally distributed among the thirty-nine counties; and the balance will be distributed among the counties in direct proportion to their population as it relates to the total state's population based on the most recent population statistics.

NOTES:

*Reviser's note: RCW 36.22.180 was repealed by 1991 sp.s. c 13 § 122, effective July 1, 1991.
Findings1989 c 204: See note following RCW 36.22.160.



Action for change of nameFiling and recording.

Upon receipt of the fee and the name change order from the district court as provided in RCW 4.24.130, the county auditor shall file and record the name change order.



Process serversRegistrationFees.

(1) Each county auditor shall develop a registration process to register process servers required to register under RCW 18.180.010.
(2) The county auditor may collect an annual registration fee from the process server not to exceed ten dollars.
(3) The county auditor shall use a form in the registration process for the purpose of identifying and locating the registrant, including the process server's name, birthdate, and social security number, and the process server's business name, business address, and business telephone number.
(4) The county auditor shall maintain a register of process servers and assign a number to each registrant. Upon renewal of the registration as required in RCW 18.180.020, the auditor shall continue to assign the same registration number. A successor entity composed of one or more registrants shall be permitted to transfer one or more registration numbers to the new entity.

NOTES:

Construction1992 c 125: See RCW 18.180.900.



Process serversSocial security numbers.

(1) The legislature finds that the dissemination of social security numbers of process servers is not in the public interest.
(2) A county auditor collecting social security numbers from process servers required to register under RCW 18.180.010 shall not display or release a process server's social security number on any document or web site issued or maintained by the auditor. Social security numbers of process servers required to register under RCW 18.180.010 are confidential, are exempt from public inspection and copying, and shall not be disclosed except as otherwise explicitly required to be disclosed under federal law.



Election assistants, deputiesAppointment, qualifications.

The county auditor of each county, as ex officio supervisor of all primaries and elections, general or special, within the county under Title 29A RCW, may appoint one or more well-qualified persons to act as assistants or deputies; however, not less than two persons of the auditor's office who conduct primaries and elections in the county shall be certified under chapter 29A.04 RCW as elections administrators.

NOTES:

Effective date1992 c 163 §§ 5-13: See note following RCW 29A.04.530.



Election assistants, deputiesAdditional qualifications.

Each deputy or assistant appointed under RCW 36.22.220 shall have been graduated from an accredited high school or shall have passed a high school equivalency examination. Each shall be knowledgeable in the rules and laws of conducting elections.

NOTES:

Effective date1992 c 163 §§ 5-13: See note following RCW 29A.04.530.



Surcharge for growth management planning and reviewIncreasing residential building capacity.

(1) Except as provided in subsection (2) of this section, a surcharge of two dollars and fifty cents shall be charged by the county auditor for each document recorded, which will be in addition to any other charge or surcharge allowed by law. The auditor shall remit the funds to the state treasurer to be deposited and used as follows:
(a) Through June 30, 2024, funds must be deposited into the growth management planning and environmental review fund created in RCW 36.70A.490 to be used first for grants for costs associated with RCW 36.70A.600 and for costs associated with RCW 36.70A.610, and thereafter for any allowable use of the fund.
(b) Beginning July 1, 2024, sufficient funds must be deposited into the growth management planning and environmental review fund created in RCW 36.70A.490 for costs associated with RCW 36.70A.610, and the remainder deposited into the home security fund account created in RCW 43.185C.060 to be used for maintenance and operation costs of: (i) Permanent supportive housing and (ii) affordable housing for very low-income and extremely low-income households. Funds may only be expended in cities that have taken action under RCW 36.70A.600.
(2) The surcharge imposed in this section does not apply to: (a) Assignments or substitutions of previously recorded deeds of trust; (b) documents recording a birth, marriage, divorce, or death; (c) any recorded documents otherwise exempted from a recording fee or additional surcharges under state law; (d) marriage licenses issued by the county auditor; or (e) documents recording a federal, state, county, or city lien or satisfaction of lien.
(3) For purposes of this section, the terms "permanent supportive housing," "affordable housing," "very low-income households," and "extremely low-income households" have the same meaning as provided in RCW 36.70A.030.

NOTES:

Effective date2019 c 348 § 11: "Section 11 of 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, 2019." [ 2019 c 348 § 12.]