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SUBJECTS › LEGAL › Recent Regulations of Interest to City, Town, and County Officials From the Washington State Register
Updated 1/5/09

Recent Regulations of Interest to City, Town, County, and Special District Officials From the Washington State Register

The following items from recent issues of the state register may be of interest to you. (This is not a complete list of all new regulations that affect cities, towns, counties, or special purpose districts in Washington State, but a selection of highlights.) You may also search the complete text of recent issues of the Washington State Register (1997 - present) or use the index to the Register.

| Proposed Regulations | Regulations Proposed for Expedited Adoption | Permanent Regulations |
| Emergency Regulations | Miscellaneous |

Proposed Regulations    

  1. WSR 08-18-027 (Ch. 434-840 WAC): the Secretray of State proposes amendments to the address confidentiality program (ACP) to reflect changes made to the ACP by SHB 1421 and SSB 6339, passed by the legislature in 2008.
  2. WSR 08-19-028 (Ch. 51-50 WAC): the Building Code Council proposes further amendment of the 2006 Edition of the International Building Code.
  3. WSR 08-20-105 (Ch. 173-160 WAC): the Department of Ecology proposes amendments to the minimum standards for construction and maintenance of water wells.
  4. WSR 08-20-119 (Ch. 491-03 WAC): the Board for Volunteer Firefighters and Reserve Officers proposes rules establishing membership and participation requirements in the volunteer fire fighters' and reserve officers' relief and pension principal fund.
  5. WSR 08-22-098 (WAC 458-40-540): the Department of Revenue proposes adjusting the table of forest land values in Washington, as required by statute. County assessors will use these published land values for property tax purposes in 2009.
  6. WSR 08-23-004 (Chs. 434-250, 434-253, 434-261, 434-262, 434-264, 434-324, 434-335, 434-379, and 434-381 WAC): the Secretary of State proposes amendments to rules addressing election related procedures, including protected records voters, voters requiring verification of identity, certification of voting systems, affidavits by initiative and referendum sponsors, and deadlines for candidate statements.
  7. WSR 09-01-067 (WAC 230-15-135): the Gambling Commission proposes amending WAC 230-15-135 to increase the maximum amount of a single wager in nonhouse-banked card games from $40 to $500. This change will only apply to house-banked card game licensees who offer nonhouse-banked card games (i.e., poker) and meet the surveillance requirements specified in WAC 230-15-280.
  8. WSR 09-01-120 (Ch. 491-03 WAC): the Board for Volunteer Firefighters and Reserve Officers proposes rules addressing membership and participation requirements in the the board for volunteer fire fighters' and reserve officers' relief and pension principal fund and in the volunteer fire fighters' and reserve officers' pension.

Regulations Proposed for Expedited Adoption 

  1. WSR 08-13-081 (WAC 391-25-440 ): the Public Employment Relations Commission proposes a rule establishing a process to allow unrepresented employees the opportunity to vote on whether they wish to be included in an existing bargaining unit. 
  2. WSR 08-13-082 (WAC 296-800-310): the Department of Labor and Industries proposes amendments to the rule addressing exit routes and employee alarm systems. The Occupational Safety and Health Administration has found the department's rule regarding exit routes and employee alarm systems not at-least-as-effective-as the federal rule. The proposed changes will make that rule as effective as the federal equivalent.  
  3. WSR 08-19-037 (WAC 458-30-590): the Department of Revenue proposes amending the rate of inflation that is used by county officials to calculate interest on deferred special benefit assessments when farm and agricultural or timber land is removed or withdrawn from classification under chapter 84.34 RCW. This rule is being amended to provide the rate of inflation for 2009 as required by RCW 84.34.310.
  4. WSR 08-23-067 (WAC 458-07-030): the Department of Revenue proposes amendments to WAC 458-07-030, which defines the phrase "true and fair value" and explains how an assessor should determine true and fair value when valuing property.  This rule is being revised to conform to HB 1450 (chapter 301, Laws of 2007.
  5. WSR 08-23-070 (WAC 458-12-140): the Department of Revenue proposes amendments that explain when the boundaries of a taxing district must be established for the purpose of levying property taxes, that explain the requirement that county assessors must transmit taxing district boundary information to the property tax division of the department when there is a change in taxing district boundaries or when a new taxing district is established, and provides guidance to assessors in designating tax code areas to be used in the listing of real and personal property. 

Permanent Regulations 

  1. WSR 08-12-019 (Ch. 246-290 WAC): the Department of Ecology adopts amendments to the Group A public water supplies regulations, chapter 246-290 WAC, to be consistent with RCW 70.119A.180, which addresses water use efficiency requirements.
  2. WSR 08-12-035 (WAC 458-20-145): the Department of Revenue adopts amendments to the rule addressing the local sales and use tax collection responsibilities of persons making retail sales in Washington.  Effective July 1, 2008, RCW 82.32.730 and 82.14.490 require sellers collecting local retail sales tax in Washington to implement new local retail sales tax sourcing rules. This rule clarifies the local sourcing rules applicable to the retail sales of tangible personal property, retail services, extended warranties, and leases of tangible personal property by amending WAC 458-20-145.
  3. WSR 08-15-052 (Chs. 434-208, 434-215, 434-220, 434-230, 434-250, 434-253, 434-260, 434-262, 434, 324, 434-335, 434-381 WAC): the Secretary of State adopts rules to implement Initiative 872 (top two primary) for partisan public office, and to address elections for political party precinct committee officers and president and vice-president in the context of Initiative 872. The rules also address absentee ballots, certification of election administrators, instructions for correcting a vote, recounts, and notices to voters.
  4. WSR 08-15-112 (WAC 415-104-455): the Department of Retirement Systems adopts a rule to implement SB 6723 (2006), which provides for the payment of health care insurance premiums for spouses and dependent children of members of LEOFF Plan 2 who die in the line of duty. 
  5. WSR 08-16-042 (WAC 136-161-080): the County Road Administration Board adopts amendments to the rule addressing limitations on allocations of RATA funds to counties.
  6. WSR 08-16-044 (Ch. 136-170 WAC): the County Road Administration Board (CRAB) adopts amendments and new rules to better define the rules for combining of CRAB/county contracts.
  7. WSR 08-16-059 (WAC 458-07-035): the Department of Revenue amends WAC 458-07-035 to recognize chapter 17, Laws of 2008 (HB 1149), which eliminated the requirement for an advance property tax deposit when recording a binding site plan. This amendment removes a reference to "binding site plan" from WAC 458-07-035 (3)(a).
  8. WSR 08-16-062 (WAC 458-14-015): the Department of Revenue amends WAC 458-14-015 to add the jurisdiction of the boards of equalization to hear appeals from decisions of the assessor pursuant to RCW 84.37.040 regarding deferrals under chapter 84.37 RCW, the property tax limited income deferral program, as approved by the legislature in its November 2007 special session.  
  9. WSR 08-16-063 (WAC 458-16-115 ): the Department of Revenue amends WAC 458-16-115 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.110 and 84.36.120 to domestic partners.
  10. WSR 08-16-075 (WAC 458-16A-100 ): the Department of Revenue amends WAC 458-16A-100 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008), SSB 5256 (chapter 182, Laws of 2008), and legislation since 2003. SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.110 and 84.36.120 to domestic partners. SSB 5256 changed the calculation for excluding veteran's benefits from the income calculation for the senior citizen, disabled person, and 100 percent disabled veteran exemption.
  11. WSR 08-16-076 (WAC 458-16A-150 ): the Department of Revenue amends WAC 458-16A-150 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008), SB 6338 (chapter 62, Laws of 2006), HB 1019 (chapter 248, Laws of 2005), and SB 5034 (chapter 27, Laws of 2004). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.381 to domestic partners. SB 6338 changed the definition of "residence" for purposes of the senior citizen, disabled person, and 100 percent disabled veteran exemption. HB 1019 extended the former senior citizen and disabled person exemption to veterans of the armed forces of the United States with 100 percent service connected disability. SB 5034 raised income and valuation limits for qualifying for the senior citizen and disabled person exemption; increased the circumstances under which claimants may qualify for the exemption without residing in their residences; added a definition for "disability"; and added additional deductions for the purpose of calculating "disposable income."
  12. WSR 08-16-077 (Ch. 458-18 WAC): the Department of Revenue amends WAC 458-18-020 and 458-18-100 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.110 and 84.36.120 to domestic partners.
  13. WSR 08-16-078 (Ch. 458-16A WAC): the Department of Revenue amends WAC 458-16A-110, 458-16A-115, 458-16A-120, and 458-16A-130 to conform to SSHB 3104 [2SHB] (chapter 6, Laws of 2008), SSB 5256 (chapter 182, Laws of 2008), SB 6338 (chapter 62, Laws of 2006), HB 1019 (chapter 248, Laws of 2005), and SB 5034 (chapter 27, Laws of 2004).
  14. WSR 08-16-079 (Ch. 458-16A WAC): the Department of Revenue amends WAC 458-16A-135 and 458-16A-140 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008), SSB 5256 (chapter 182, Laws of 2008), SB 6338 (chapter 62, Laws of 2006), HB 1019 (chapter 248, Laws of 2005), SB 5034 (chapter 27, Laws of 2004), and SB 5758 (chapter 53, Laws of 2003). SB 5758 clarified language related to gender and perjury in RCW 84.36.387.
  15. WSR 08-16-080 (WAC 458-18-010): the Department of Revenue amends WAC 458-18-010 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.38.030, 84.38.130, and 84.38.150 to domestic partners.
  16. WSR 08-17-119 (WAC 391-25-440): the Public Employment Relations Commissions adopts a rule establishing a process to streamline agency procedure by allowing unrepresented employees the opportunity to vote on whether they wish to be included in an existing bargaining unit.
  17. WSR 08-20-010 (WAC 139-05-210): the Criminal Justice Training Commission adopts amendments to the rule governing the basic law enforcement certificate of equivalency. The rule sets the standards for admission to the equivalency academy and defines the status an officer has as a result of attending and successfully completing the equivalency academy. The completion of the equivalency is required by RCW as a condition of continuing employment as a peace officer if the officer has had a break of law enforcement service in excess of 24 consecutive months, or has received a conditional offer of employment as a peace officer and has completed a basic law enforcement academy in another state.
  18. WSR 08-21-005 (Ch. 479-10 WAC): the Transportation Improvement Board adopts new rules to implement the small city pavement preservation and sidewalk account, chapter 83, Laws of 2005.
  19. WSR 08-21-073 (Ch. 434-662 WAC): the Secretary of State adopts rules to establish procedures for use of the Washington State digital archives for storage of electronic public records.
  20. WSR 08-21-092 (Ch. 463-61 WAC): the Energy Facility Site Evaluation Council adopts rules that describe a mandatory preapplication process required prior to filing an application with the energy facility site evaluation council (EFSEC) to site electrical transmission lines that are 115 kilovolts or greater.
  21. WSR 08-24-093 (WAC 458-30-262): the Department of Revenue amends WAC 458-30-262 to provide county assessors with the rate of interest and property tax component used in valuing farm and agricultural land classified under chapter 84.34 RCW (the open space program) during assessment year 2009.
  22. WSR 08-24-094 (WAC 458-18-220): the Department of Revenue amends WAC 458-18-220 to provide the rate of interest that is attached when property taxes paid in 2009 are refunded to taxpayers.
  23. WSR 08-24-095 (Ch. 458-61A WAC): the Department of Revenue amends the rules that define what is, and is not, considered a "sale" of real property for purposes of the real estate excise tax (REET), and explain exemptions from REET and the documentation requirements necessary to claim those exemptions.
  24. WSR 08-24-115 (WAC 458-30-590): the Department of Revenue adopts amendments to WAC 458-30-590, which provides information about the rate of inflation that is used by county officials to calculate interest on deferred special benefit assessments when farm and agricultural or timber land is removed or withdrawn from classification under chapter 84.34 RCW. This rule is amended to provide the rate of inflation for 2009 as required by RCW 84.34.310.

Emergency Regulations 

  1. WSR 08-12-013 (Chs. 434-230, 434-264 WAC): the Secretary of State adopts, effective May 27, rules to implement Initiative 872 for partisan public offices, and to administer political party precinct committee officer elections, for the 2008 primary and general elections.

Miscellaneous 

  1. WSR 08-10-100: Public Notice, Draft Washington State Department of Transportation Municipal Stormwater General Permit: the Department of Ecology proposes to issue a general permit to the Washington Sate Dpartment of Tansportation (WSDOT) to cover discharges from its municipal separate storm sewer system (MS4). MS4s are conveyances or a system of conveyances including roads with drainage systems, streets, catch basins, ditches, man-made channels, and storm drains. Upon issuance, this permit will replace WSDOT's existing coverage under the Phase I Municipal general permits (WASM10001, WASM20001, and WASM30001) for the activities that WSDOT uses to manage stormwater runoff to surface waters of the state.